5–23–01 Wednesday Vol. 66 No. 100 May 23, 2001 Pages 28359–28638
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1 II Federal Register / Vol. 66, No. 100 / Wednesday, May 23, 2001
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2 III
Contents Federal Register Vol. 66, No. 100
Wednesday, May 23, 2001
Administration on Aging Arts and Humanities, National Foundation See Aging Administration See National Foundation on the Arts and the Humanities
Agency for Toxic Substances and Disease Registry Centers for Disease Control and Prevention NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Grants and cooperative agreements; availability, etc.: American Indian Tribes impacted by releases from Directly observed treatment, short-course strategy by Hanford Nuclear Reservation; program to build private sector in Philippines; development and health capacity, 28512–28513 implementation, 28514–28516 Soil-Pica, Soil-Ingestion, and Health Outcome Epilepsy public awareness and partnership, education, Investigation Site-Specific Healh Activities, 28514 and communication; inititives to develop and implement enhancement progams, 28516–28518 Aging Administration National programs to promote physical activity among NOTICES youth, 28518–28522 Grants and cooperative agreements; availability, etc.: West Nile virus; applied research in emerging infections National Legal Assistance and Elder Rights Projects, investigations, 28522–28525 28514
Agricultural Marketing Service Children and Families Administration NOTICES RULES Tobacco inspection: Grants and cooperative agreements; availability, etc.: Permissive inspection and certification; fees and charges, Adoption Opportunities Program et al.; correction, 28525 28359–28361 NOTICES Coast Guard Grants and cooperative agreements; availability, etc.: RULES Organic Certification Cost Share Program, 28419 Ports and waterways safety: Meetings: Chicago Harbor, IL; safety zone, 28374–28375 Flue-Cured Tobacco Advisory Committee, 28419 Newport Naval Station, RI; safety and security zones, 28372–28374 Agriculture Department Safety zones and security zones, etc.; list of temporary See Agricultural Marketing Service rules, 28370–28372 NOTICES Air Force Department Environmental statements; availability, etc.: NOTICES Great Lakes icebreaking operations, 28592 Meetings: Scientific Advisory Board, 28426 Commerce Department See Export Administration Bureau Antitrust Division See International Trade Administration NOTICES National cooperative research notifications: Committee for the Implementation of Textile Agreements Asymmetrical Digital Subscriber Line Forum, 28545– NOTICES 28546 Cotton, wool, and man-made textiles: Industrial Macromolecular Crystallography Association, Columbia, 28424 28546 Oman, 28425 Multiservice Switching Forum, 28546–28547 Russia, 28425–28426 National Center for Manufacturing Sciences, Inc., 28547 nLine Corp., 28545 Comptroller of the Currency Petroleum Environmental Research Forum, 28547–28548 Portland Cement Association, 28548 NOTICES SNP Consortium Ltd., 28548 National banks: VSI Alliance, 28548–28549 Preemption determinations— Wireless Application Protocol Forum, Ltd., 28549 Michigan Financial Institutions Bureau; Michigan statute limiting loans to finance motor vehicle Army Department sales, 28593–28596 NOTICES Environmental statements; availability, etc.: Consumer Product Safety Commission Fort Knox, KY; Northern Training Complex; multi- NOTICES purpose digital training range and expanded Meetings; Sunshine Act, 28426 maneuver areas, drop zones, and loading zones, 28426–28427 Defense Department Historical properties protection; alternate Army See Air Force Department procedures, 28427–28428 See Army Department
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Education Department Submission for OMB review; comment request, 28463– NOTICES 28464 Agency information collection activities: Hazardous waste: Proposed collection; comment request, 28428–28429 Land disposal restrictions; exemptions— Submission for OMB review; comment request, 28429 Chemical Waste Management, 28464–28466 Grants and cooperative agreements; availability, etc.: Meetings: Elementary and secondary education— Gulf of Mexico Program Citizens Advisory Committee, Teaching American History Program, 28429–28449 28466 Pesticide, food, and feed additive petitions: Employment and Training Administration BASF Corp., 28470–28478 NOTICES Interregional Research Project Number 4 (IR-4), 28479– Adjustment assistance: 28482 Cabot Performance Materials, 28549 Rohm & Haas Co., 28482–28487 Haggar Clothing Co., 28549 Pesticide registration, cancellation, etc.: Thomson Saginaw Ball et al., 28549–28550 E.I. duPont de Nemours & Co., 28466–28468 Grants and cooperative agreements; availability, etc.: Eastern Research Group, Inc., 28468–28469 National Farmworkers Jobs Program, 28550–28553 Triallate, 28469–28470 NAFTA transitional adjustment assistance: Pesticides; experimental use permits, etc.: Bayer Corp., 28553 Greenville Farms, 28487 Hill Knitting Mills, Inc. et al., 28553–28554 Water pollution control: Johnson & Johnson Medical, Inc., 28555 Marine sanitation device standard; petitions— Phillips Electronics North America Corp., 28555 Massachusetts, 28487–28488 Texler Co. et al., 28555–28557 Missouri— Warm Springs Forest Products Industries, 28557 Continuing planning process; availability, 28488 Total maximum daily loads— Employment Standards Administration Mermentau and Vermilion/Teche river basins, LA; NOTICES determinations that TMDLs are not needed, 28488– Agency information collection activities: 28491 Proposed collection; comment request, 28557 Export Administration Bureau Energy Department NOTICES See Federal Energy Regulatory Commission Export privileges, actions affecting: NOTICES Tal Industries, Inc., 28419–28421 Meetings: Environmental Management Site-Specific Advisory Board— Farm Credit Administration Oak Ridge Reservation, TN, 28450 RULES Rocky Flats, CO, 28450 Farm credit system: Natural gas exportation and importation: Federal Agricultural Mortgage Corporation; risk-based Energia Azteca X, S. de R.L. de C.V., 28450–28451 capital requirements, 28361 H.Q. Energy Services (U.S.) Inc. et al., 28451 Federal Aviation Administration Environmental Protection Agency RULES RULES Air carrier certification and operations: Air programs: Flight crewmember flight time limitations and rest Strategic ozone protection— requirements; enforcement policy, Ozone-depleting substances; substitutes list, 28379– Correction, 28369 28383 Airworthiness directives: Air programs; approval and promulgation; State plans for General Electric Aircraft Engines, 28364–28368 designated facilities and pollutants: Honeywell, 28361–28364 West Virginia, 28375–28379 Class E airspace, 28368–28369 Hazardous waste program authorizations: PROPOSED RULES Wisconsin; codification clarification, 28397–28399 Airworthiness directives: Pesticides; tolerances in food, animal feeds, and raw Bombardier, 28402–28404 agricultural commodities: NOTICES Aspergillus flavus (AF36), 28383–28386 Meetings: Thiamethoxam, 28386–28397 RTCA, Inc., 28592 PROPOSED RULES Air programs: Federal Communications Commission Stratospheric ozone protection— RULES Ozone-depleting substances; substitute list, 28408– Digital television stations; table of assignments: 28410 Arkansas, 28399 Air programs; approval and promulgation; State plans for California, 28400 designated facilities and pollutants: Montana, 28399–28400 West Virginia, 28408 PROPOSED RULES NOTICES Common carrier services: Agency information collection activities: Intercarrier compensation; reciprocal compensation, Proposed collection; comment request, 28461–28463 28410–28418
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NOTICES General Services Administration Agency information collection activities: NOTICES Submission for OMB review; comment request, 28491 Reports and guidance documents; availability, etc.: Defibrillation programs in Federal facilities; public access Federal Contract Compliance Programs Office guidelines, 28495–28511 NOTICES Government contracts and subcontracts: Health and Human Services Department Consent decree; decisions and orders— See Agency for Toxic Substances and Disease Registry Giant Merchandising; debarment, 28557–28560 See Aging Administration See Centers for Disease Control and Prevention Federal Energy Regulatory Commission See Children and Families Administration NOTICES See Food and Drug Administration Electric rate and corporate regulation filings: See Health Resources and Services Administration Public Service Co. of New Mexico et al., 28454–28458 See National Institutes of Health Environmental statements; availability, etc.: NOTICES Pacific Gas & Electric, 28458 Reports and guidance documents; availability, etc.: Hydroelectric applications, 28459–28461 Defibrillation programs in Federal facilities; public access Applications, hearings, determinations, etc.: guidelines, 28495–28511 Dominion Transmission, Inc., 28451–28452 Eastern Shore Natural Gas Co., 28452 Health Resources and Services Administration Erie Boulevard Hydropower, L.P., 28452–28453 NOTICES Gulf South Pipeline Co., L.P., 28453 Meetings: Northwest Pipeline Corp., 28453–28454 National Health Service Corps National Advisory Reliant Energy Gas Transmission Co., 28454 Council, 28528 Interior Department Federal Maritime Commission See Fish and Wildlife Service NOTICES See Land Management Bureau Agreements filed, etc., 28492 See National Park Service Ocean transportation intermediary licenses: See Surface Mining Reclamation and Enforcement Office AIF Services, Inc., 28492 PROPOSED RULES General Construction and Industrial Equipment, Inc., et Watches, watch movements, and jewelry: al., 28492 Duty-exemption allocations— Virgin Islands, Guam, American Samoa, and Northern Federal Reserve System Mariana Islands, 28404–28407 NOTICES NOTICES Agency information collection activities: Privacy Act: Proposed collection; comment request, 28493–28494 Systems of records, 28536–28538 Banks and bank holding companies: Change in bank control, 28370–28372 Internal Revenue Service Formations, acquisitions, and mergers, 28494 RULES Employment taxes and collection of income taxes at source: Fish and Wildlife Service Federal employment tax deposits; de minimis rule, 28370 PROPOSED RULES NOTICES Meetings: Incomes taxes, etc.: Klamath River Basin Fisheries Task Force, 28538 Electronic payee statements Hearing cancelled, 28408 Income taxes: Food and Drug Administration Annuity contracts; debt instruments with original issue NOTICES discount Food additive petitions: Hearing cancelled, 28407 Alcide Corp., 28525–28526 Corporations; liability assumptions in certain corporate Meetings: transactions; cross-reference Vaccines and Related Biological Products Advisory Hearing cancelled, 28407–28408 Committee, 28526 NOTICES Reports and guidance documents; availability, etc.: Agency information collection activities: Bioanalytical method validation, 28526–28527 Proposed collection; comment request, 28596–28597 Mammography Quality Standards Act— Final regulations document No. 4; industry and agency International Trade Administration guidance, 28527–28528 PROPOSED RULES Prescription Drug User Fee Act— Watches, watch movements, and jewelry: PDUFA II five-year plan; 2001 FY update, 28528 Duty-exemption allocations— Virgin Islands, Guam, American Samoa, and Northern General Accounting Office Mariana Islands, 28404–28407 NOTICES NOTICES Applications, hearings, determinations, etc.: Antidumping: Commercial Activities Panel; contracting out and Circular welded non-alloy steel pipe from— outsourcing policies, 28494–28495 Korea, 28422–28423
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Hot-rolled carbon steel products from— National Heart, Lung, and Blood Institute, 28531 China, 28423–28424 National Institute of Allergy and Infectious Diseases, Antidumping and countervailing duties: 28532–28533 Administrative reviews of orders and findings, 28421– National Institute of Arthritis and Musculoskeletal and 28422 Skin Diseases, 28531–28532 National Institute of Mental Health, 28534 International Trade Commission National Institute on Alcohol Abuse and Alcoholism, NOTICES 28533 Import investigations: Scientific Review Center, 28534–28536 Ferrovandium and nitrided vanadium from— Russia, 28540–28541 National Park Service Softwood lumber from— NOTICES Canada, 28541 Meetings: Steel concrete reinforcing bars from— Acadia National Park Advisory Commission, 28539– Indonesia, 28541–28542 28540 Meetings: National Register of Historic Places: Forum on issues relating to electronic filing and Pending nominations, 28540 maintenance of documents, 28542–28543
Justice Department Nuclear Regulatory Commission See Antitrust Division NOTICES NOTICES Meetings: Pollution control; consent judgments: Reactor Safeguards Advisory Committee, 28567–28569 Agway Inc., et al., 28543 Atlantic Richfield Co., 28543–28544 Occupational Safety and Health Administration James, Raymond T., et al., 28544 NOTICES Shell Oil Co. et al., 28544–28545 Agency information collection activities: V-1 Oil Co., 28545 Proposed collection; comment request, 28565–28567
Labor Department Postal Service See Employment and Training Administration NOTICES See Employment Standards Administration Domestic rates, fees, and mail classifications: See Federal Contract Compliance Programs Office Changes, 28569–28585 See Mine Safety and Health Administration See Occupational Safety and Health Administration Public Health Service Land Management Bureau See Agency for Toxic Substances and Disease Registry NOTICES See Centers for Disease Control and Prevention Environmental statements; availability, etc.: See Food and Drug Administration Falcon to Gonder Project, NV, 28538–28539 See Health Resources and Services Administration Environmental statements; notice of intent: See National Institutes of Health Charles County, MD; Lower Potomac River project, 28539 Survey plat filings: Securities and Exchange Commission Nevada, 28539 NOTICES Self-regulatory organizations; proposed rule changes: Mine Safety and Health Administration American Stock Exchange LLC, 28587–28589 NOTICES Applications, hearings, determinations, etc.: Safety standard petitions: Nations Fund Trust, et al, 28585–28587 Sidney Coal Co., Inc., et al., 28560–28565 Small Business Administration National Foundation on the Arts and the Humanities RULES NOTICES New Markets Venture Capital Program Meetings: Final rule and withdrawal of interim final rule, 28601– Arts National Council, 28567 28632 NOTICES National Institute for Literacy Agency information collection activities: NOTICES Submission for OMB review; comment request, 28589 Meetings: Advisory Board, 28567 Social Security Administration National Institutes of Health NOTICES NOTICES Benefit adjustments, 28589–28591 Agency information collection activities: Submission for OMB review; comment request, 28529 State Department Meetings: NOTICES Advisory Committee to Director, 28529–28530 Meetings: National Cancer Institute, 28530–28531 International Telecommunication Advisory Committee, National Center for Research Resources, 28531 28591
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Surface Mining Reclamation and Enforcement Office NOTICES RULES Agency information collection activities: Abandoned mine land reclamation: Proposed collection; comment request, 28592–28593 Fee collection and coal production reporting; OSM-1 Form; electronic filing, 28633–28637 Veterans Affairs Department NOTICES Agency information collection activities: Textile Agreements Implementation Committee Submission for OMB review; comment request, 28597 See Committee for the Implementation of Textile Human Research Protection Accreditation Program: Agreements Standards availability, 28597–28598 Means test thresholds; cost-of-living adjustments, 28598– Toxic Substances and Disease Registry Agency 28599 See Agency for Toxic Substances and Disease Registry
Transportation Department Separate Parts In This Issue See Coast Guard See Federal Aviation Administration Part II RULES Small Business Administration, 28601–28632 Workplace drug and alcohol testing programs: Electronic reporting procedures; early compliance, Part III 28400–28401 Department of Interior, Office of Surface Mining NOTICES Reclamation and Enforcement, 28633–28637 Aviation proceedings: Agreements filed; weekly receipts, 28591–28592 Reader Aids Treasury Department Consult the Reader Aids section at the end of this issue for See Comptroller of the Currency phone numbers, online resources, finding aids, reminders, See Internal Revenue Service and notice of recently enacted public laws.
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CFR PARTS AFFECTED IN THIS ISSUE
A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.
7 CFR 29...... 28359 12 CFR 650...... 28361 13 CFR 108...... 28602 14 CFR 39 (2 documents) ...... 28361, 28364 71...... 28368 121...... 28369 Proposed Rules: 39...... 28402 15 CFR Proposed Rules: 303...... 28404 26 CFR 31...... 28370 Proposed Rules: 1 (3 documents) ...... 28407, 28408 31...... 28408 301...... 28408 30 CFR 870...... 28634 33 CFR 100...... 28370 165 (3 documents) ...... 28370, 28372, 28374 40 CFR 62...... 28375 82...... 28379 180 (2 documents) ...... 28383, 28386 272...... 28397 Proposed Rules: 62...... 28408 82...... 28408 47 CFR 73 (3 documents) ...... 28399, 28400 Proposed Rules: Ch. I ...... 28410 49 CFR 40...... 28400
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Rules and Regulations Federal Register Vol. 66, No. 100
Wednesday, May 23, 2001
This section of the FEDERAL REGISTER Fax: (202) 205–0235. Comments will be additional $100,000 during crop-year contains regulatory documents having general made available for public inspection at 2001 and maintain an adequate reserve. applicability and legal effect, most of which this location during regular business This rule also revises the fee structure are keyed to and codified in the Code of hours. for permissive inspection and Federal Regulations, which is published under certification at receiving points from an 50 titles pursuant to 44 U.S.C. 1510. FOR FURTHER INFORMATION CONTACT: John P. Duncan III, Deputy Administrator, hourly basis to a poundage basis at the The Code of Federal Regulations is sold by Tobacco Programs, AMS, USDA, Stop same rate as for mandatory inspection at the Superintendent of Documents. Prices of 0280, Room 502 Annex Building, P.O. auction. A poundage-basis structure is new books are listed in the first FEDERAL Box 96456, Washington, D.C. 20090– more appropriate for the permissive REGISTER issue of each week. 6456; telephone: (202) 205–0567, Fax: inspection of tobacco at receiving (202) 205–0235. points. Although it is anticipated that SUPPLEMENTARY INFORMATION: 60–75 percent of the 2001 tobacco crop DEPARTMENT OF AGRICULTURE Permissive inspections, as authorized will be sold by direct contract, and that some of this will be permissively Agricultural Marketing Service under the Tobacco Inspection Act (7 U.S.C. 511–511q), are made available to inspected at receiving points, it would be difficult to predict the number of 7 CFR Part 29 interested parties on a fee basis sufficient to cover the costs incurred by pounds for which permissive inspection [Docket No. TB–00–04] the Department for the inspection and will be requested and the resulting revenues. However, based upon the RIN 0581–AB86 certification, and other services, including administrative and experience of the AMS with mandatory Tobacco Fees and Charges for supervisory costs. This rule revises the inspection at auction, a fee of $.01 per Permissive Inspection and fee structure and increase fees for pound is estimated to cover costs of Certification; Fee Revisions domestic permissive inspection and $841,115 and an adequate reserve grading of tobacco. (assuming 120 million pounds of AGENCY: Agricultural Marketing Service, The AMS conducts reviews of the contract tobacco will be inspected in USDA. financial status of this program to crop-year 2001 with revenue of ACTION: Interim final rule with request determine whether a fee is sufficient. As $1,200,000). The costs to entities would for comments. a result of this review, it has been be proportional to their use of the determined that, at the current fees, service so that costs are shared equitably SUMMARY: This rule revises the fee insufficient revenue is generated to meet by all interested parties. structure and increases fees for domestic the costs of the program and to maintain In the past, virtually all quota tobacco permissive inspection and grading of an adequate reserve fund. The current was marketed through the auction tobacco. Under the Tobacco Inspection hourly fee schedule for domestic system under the mandatory inspection Act, fees collected must cover, as nearly permissive inspection has been in effect program. Mandatory inspection, as as practicable, the Department’s costs since October 1, 1991, as published in required under the Act, takes for performing the inspection service, the Federal Register (56 FR 41921) on precedence over other services and fees including administrative and August 26, 1991. The major factors are assessed based on the pounds supervisory costs. The fee for causing the need for additional funds graded. AMS has maintained a core permissive inspection of tobacco at are increases in Government salaries grading staff for mandatory inspection receiving points will be based upon and benefits, travel allowances, and and utilized personnel from this staff to poundage and will be set at the same overall administrative costs since 1991. provide permissive grading. Other than rate as for mandatory inspection at The crop-year 2000 revenues for recertification services performed at auction, which is $.01 per pound. The permissive inspection and certification redrying plants, only a small amount of fee for permissive inspection at redrying services at redrying plants were tobacco was inspected under the plants will continue to be on an hourly $213,000 and obligations were permissive grading program. basis and will be increased by about 46 $300,000. Without a fee increase, crop- Consequently, overhead costs and a percent. These revisions do not affect year 2001 and crop-year 2002 revenues reserve fund for permissive inspection the fee for the mandatory inspection of for permissive inspection and were covered by the mandatory tobacco sold at designated auction certification services at redrying plants inspection fees. markets or permissive export are projected at about $213,000 per year However, tobacco marketing practices certification. and obligations are projected at about are changing. During the 2000 marketing DATES: Effective May 24, 2001; $300,000 per year, and with a fee year, tobacco companies implemented comments received by June 22, 2001 increase, crop-year 2001 and crop-year programs with producers to procure will be considered prior to issuance of 2002 revenues are projected at $312,000 tobacco through direct contracting. a final rule. and obligations are projected at Permissive grading services were ADDRESSES: Send comments to John P. $300,000. This interim final rule will requested for tobacco beginning in 2000. Duncan III, Deputy Administrator, increase the hourly rates charged to Tobacco companies also have indicated Tobacco Programs, Agricultural users of domestic permissive inspection they will request increased permissive Marketing Service (AMS), U.S. and certification services performed at grading services for tobacco purchased Department of Agriculture (USDA), redrying plants by about 46 percent. The directly from producers through Room 502 Annex Building, P.O. Box AMS estimates that the increase in the contractual sales during the 2001 96456, Washington, DC 20090–6456; or hourly rate will yield about an marketing year. It is anticipated that 60–
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75 percent of the 2001 tobacco crop will is needed, as soon as possible, so as to permissive inspection and certification be sold by contractual sales. With the treat all types of tobacco on an equal services at redrying plants were projected increase in permissive grading basis, (2) the National Advisory $213,000 and obligations were requests from contractual tobacco sales, Committee for Tobacco Inspection $300,000. Without a fee increase, crop- it is necessary for the permissive Services unanimously recommended year 2001 and crop-year 2002 revenues grading program to be self-supporting. that the fee structure and rates for for permissive inspection and The procedures for grading tobacco and permissive inspection at receiving certification services at redrying plants the associated costs are virtually the points be the same as for mandatory are projected at about $213,000 per year same at both auction markets and inspection at auction, and (3) this and obligations are projected at about receiving points. The National Advisory interim final rule provides a 30-day $300,000 per year, and with a fee Committee for Tobacco Inspection comment period, which is considered increase, crop-year 2001 and crop-year Services, which is mandated by the appropriate in this action, and all 2002 revenues are projected at $312,000 Omnibus Budget Reconciliation Act of comments timely received will be and obligations are projected at 1981, met on March 6, 2001, and considered prior to the finalization of $300,000. This interim final rule will unanimously recommended that the fee this rule. increase the hourly rates charged to structure and rates for permissive users of domestic permissive inspection Executive Order 12866 inspection at receiving points be the and certification services performed at same as for mandatory inspection at This rule has been determined to be redrying plants by about 46 percent. The auction. Accordingly, the fee structure not significant for purposes of Executive AMS estimates that the increase in the for permissive inspection at receiving Order 12866, and therefore, has not hourly rate will yield about an points will be based on poundage and been reviewed by the Office of additional $100,000 during crop-year will be set at the same level as for Management and Budget. 2001 and maintain an adequate reserve. mandatory inspection, which is $.01 per Regulatory Flexibility Act This rule also revises the fee structure pound. for permissive inspection and It is also necessary to increase the Pursuant to the requirements set forth certification at receiving points from an hourly rates for permissive inspection in the Regulatory Flexibility Act (5 hourly basis to a poundage basis at the and to specify that the hourly rates are U.S.C. 601 et seq.), full consideration same rate as for mandatory inspection at for permissive inspection at redrying has been given to the potential auction. The procedures for grading plants. In the past, virtually all economic impact upon small business. tobacco and associated costs are permissive inspection was provided at Small agricultural producers have been virtually the same at both auction redrying plants for grower cooperatives. defined by the Small Business markets and receiving points. The These grading services involve Administration (13 CFR 121.201) as National Advisory Committee for confirming the grade previously those having annual receipts of less than Tobacco Inspection Services, which is assigned to tobacco sold on the auction $500,000 and small agricultural service mandated by the Omnibus markets to maintain blend consistency firms are defined as those whose annual Reconciliation Act of 1981, met on for the grower cooperatives. receipts are less than $5,000,000. There March 6, 2001, and unanimously Accordingly, the hourly fee structure are about 300 tobacco warehouses and recommended that the fee structure and will be retained. However, as necessary, about 90,000 producers and almost all rates for permissive inspection at the hourly rate will be increased to warehouses and producers may be receiving points be the same as for recover costs. The base hourly rate of classified as small entities. The AMS mandatory inspection at auction. $32.40 is raised to $47.40, the overtime has determined that this action will not Although it is anticipated that 60–75 rate of $38.70 is raised to $53.70, and have a significant economic impact on percent of the 2001 tobacco crop will be Sunday and holiday rate of $48.45 is a substantial number of small entities. sold by direct contract, and that some of raised to $64.45. These fees would cover This rule revises the fee structure and this will be permissively inspected at expenses and maintain a reserve that increases fees for domestic permissive receiving points, it would be difficult to would meet any reasonable grading of tobacco. Under the Tobacco predict the number of pounds for which contingency. The Department is Inspection Act of 1935, as amended (7 permissive inspection will be requested required by law to fix and collect fees U.S.C. 511–511q), fees collected must and the resulting revenues. However, and charges to cover the Department s cover, as nearly as practicable, the based upon the experience of the AMS cost in operating the permissive tobacco Department s cost for performing the with mandatory inspection at auction, a inspection program. inspection service, including fee of $.01 per pound is estimated to Finally, although the provisions are administrative and supervisory costs. cover the costs of $841,115 and an seldom used, the same changes in These revisions do not affect the fee for adequate reserve (assuming 120 million hourly rates are made for the inspection the mandatory inspection of tobacco pounds of contract tobacco will be and certification of nonquota tobacco sold at designated auction markets or inspected in crop-year 2001 with the produced and marketed in a quota area, permissive export certification. revenue of $1,200,000). The costs to because this is a similar kind of The AMS conducts reviews of the entities would be proportional to their permissive inspection. financial status of this program to use of the service so that costs are Further, it is hereby found and determine whether the fee is sufficient. shared equitably by all interested determined upon good cause that it is As a result of this review, it has been parties. impracticable, unnecessary, and determined that, at the current fees, Finally, although the provisions are contrary to the public interest to give insufficient revenue is generated to meet seldom used, the same changes in preliminary notice prior to putting this the costs of the program and to maintain hourly rates are made for the inspection rule into effect and that good cause an adequate reserve fund. The major and certification of nonquota tobacco exists for not postponing the effective factors causing the need for additional produced and marketed in a quota area, date of this rule until 30 days after funds are increases in Government because this is a similar kind of publication in the Federal Register salaries and benefits, travel allowances, permissive inspection. because: (1) The tobacco marketing and overall administrative costs since These fees represent the minimum season will begin in June and this action 1991. The crop-year 2000 revenues for level needed to cover costs for the 2001
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crop-year. In the future, AMS will Subpart F—Policy Statement and Congress, the effective date of the continue to review the program to Regulations Governing the regulations is May 23, 2001. ensure that fees are adequate. Identification and Certification of EFFECTIVE DATE: The regulation Accordingly, we believe that the impact Nonquota Tobacco Produced and amending 12 CFR part 650 published on of this rule would not be significant on Marketed in a Quota Area April 12, 2001 (66 FR 19048) is effective the users of the inspection and May 23, 2001. 3. The authority citation for subpart F certification services. FOR FURTHER INFORMATION CONTACT: continues to read as follows: Civil Justice Reform Carl A. Clinefelter, Director, Office of Authority: Pub. L. 97–98. 95 Stat. 1266, as Secondary Market Oversight, Farm This interim final rule has been amended (7 U.S.C. 1314f). Credit Administration, McLean, VA reviewed under Executive Order 12988, § 29.9251 Fees and charges. 22102–5090, (703) 883–4280, TDD Civil Justice Reform. This action is not (703) 883–4444, or 4. In § 29.9251 the words ‘‘$32.40’’, intended to have retroactive effect. This ‘‘$38.70’’ and ‘‘$48.45’’ are removed and Dennis K. Carpenter, Senior Policy rule will not preempt any State or local the words ‘‘$47.40’’ ‘‘$53.70’’ and Analyst, Office of Policy and laws, regulations, or policies, unless ‘‘$64.45’’ are added in their place, Analysis, Farm Credit Administration, they present an irreconcilable conflict respectively. McLean, VA 22102–5090, (703) 883– with this rule. There are no 4498, TDD (703) 883–4444, or Dated: May 17, 2001. administrative procedures which must Joy Strickland, Senior Counsel, Office of Kenneth C. Clayton, be exhausted prior to any judicial General Counsel, Farm Credit challenge to the provisions of this rule. Acting Administrator, Agricultural Marketing Administration, McLean, VA 22102– Service. 5090, (703) 883–4020, TDD (703) 883– Lists of Subjects in 7 CFR Part 29 [FR Doc. 01–12935 Filed 5–22–01; 8:45 am] 4444. BILLING CODE 3410–02–P Administrative practice and (12 U.S.C. 2252(a)(9) and (10)) procedure, Advisory committees, Dated: May 18, 2001. Government publications, Imports, Kelly Mikel Williams, Pesticides and pests, Reporting and FARM CREDIT ADMINISTRATION Secretary, Farm Credit Administration Board. recordkeeping requirements, Tobacco. 12 CFR Part 650 [FR Doc. 01–13071 Filed 5–22–01; 8:45 am] For the reasons set forth in the BILLING CODE 6705–01–U preamble, 7 CFR part 29 is amended as RIN 3052–AB56 follows: Federal Agricultural Mortgage DEPARTMENT OF TRANSPORTATION PART 29—TOBACCO INSPECTION Corporation; Risk-Based Capital Requirements; Effective Date Federal Aviation Administration Subpart B—Regulations AGENCY: Farm Credit Administration. 14 CFR Part 39 1. The authority citation for Part 29, ACTION: Notice of effective date. subpart B continues to read as follows: [Docket No. 2001–CE–08–AD; Amendment SUMMARY: The Farm Credit 39–12235; AD 2001–10–09] Authority: 7 U.S.C. 511m and 511r. Administration (FCA) published a final rule under part 650 on April 12, 2001 RIN 2120–AA64 2. In § 29.123, paragraph (b) is revised (66 FR 19048). In this final rule, we to read as follows: Airworthiness Directives; Honeywell amended our regulations, through the KC 225 Automatic FlightControl Office of Secondary Market Oversight § 29.123 Fees and charges. Systems (OSMO), by establishing risk-based * * * * * capital regulations for the Federal AGENCY: Federal Aviation (b) Domestic permissive inspection Agricultural Mortgage Corporation Administration, DOT. and certification. (1) Fees and charges (Farmer Mac). The final rule in part 650 ACTION: Final rule; request for for inspection at redrying plants shall sets forth the risk-based capital comments. comprise the cost of salaries, travel, per regulations for Farmer Mac, including diem, and related expenses to cover the definitions, methods, parameters and SUMMARY: This amendment adopts a cost of performing the service. Fees guidelines for developing and new airworthiness directive (AD) that shall be for the actual time required to implementing the risk-based capital applies to certain Honeywell KC 225 render the service calculated to the stress test; specifies capital calculation, automatic flight control systems (AFCS) reporting, and compliance that are installed on airplanes. This AD nearest 30-minute period. The hourly requirements; and delineates our requires you to inspect the KC 225 rate shall be $47.40 per hour. The monitoring, examination, supervisory, AFCS to determine the computer overtime rate for service performed and enforcement activities with respect modifications (Mods) that are outside the inspector’s regularly to Farmer Mac’s compliance with the incorporated, deactivate any units with scheduled tour of duty shall be $53.70 rule’s risk-based capital requirements; only Mods 1 and/or 2 incorporated, and per hour. The rate of $64.45 per hour and prescribes certain requirements for fabricate and install an appropriate shall be charged for work performed on business and capital planning. In placard if the unit is deactivated/ Sundays and holidays. These same fees accordance with 12 U.S.C. 2252, the inoperative. The AD would provide, as shall be applicable for hogshead, bale, effective date of the final rule is 30 days an alternative method of compliance, cases or sample inspections. (2) Fees from the date of publication in the the option of installing a unit that and charges for inspection of tobacco Federal Register during which either or incorporated MOD 3 or higher. This AD performed at receiving points is $.01 per both Houses of Congress are in session. is the result of several reports that the pound. Based on the records of the sessions of AFCS is disconnecting without warning
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in a gross mistrim configuration. The What are the consequences if the choose. You need to include the rule’s actions specified by this AD are condition is not corrected? This docket number and send three copies of intended to prevent an undesirable condition, if not corrected, could result your comments to the address specified autotrim command that the autopilot in an undesirable autotrim command under the caption ADDRESSES. We will cannot detect in the required time. The that the autopilot cannot detect in the consider all comments received by the airplane could then deviate from the required time. The airplane could then closing date specified above. We may selected altitude or the autopilot could deviate from the selected altitude or the change this rule in light of comments disconnect without warning, which autopilot could disconnect without received. Factual information that could result in heavy loads at the warning, which could result in heavy supports your ideas and suggestions is control column. Such loads in the pitch loads at the control column. Such loads extremely helpful in evaluating the axis could result in loss of control of the in the pitch axis could result in loss of effectiveness of the AD action and airplane. control of the airplane. determining whether we need to take DATES: This AD becomes effective on Is there service information that additional rulemaking action. Are there any specific portions of the June 15, 2001. applies to this subject?Honeywell has AD I should pay attention to? The FAA The Director of the Federal Register issued Installation Bulletin No. 472 specifically invites comments on the approved the incorporation by reference Alert, Revision 1, dated January 2001. overall regulatory, economic, of certain publications listed in the This installation bulletin includes procedures for: environmental, and energy aspects of regulation as of June 15, 2001. the rule that might suggest a need to The Federal Aviation Administration —Inspecting to determine the currently incorporated computer Mods, which modify the rule. You may read all (FAA) must receive any comments on comments we receive before and after this rule by August 10, 2001. are indicated on the unit’s serial number tag; the closing date of the rule in the Rules ADDRESSES: Send three copies of your —Returning the unit to Honeywell for Docket. We will file a report in the comments to FAA,Central Region, modification; or Rules Docket that summarizes each FAA Office of the Regional Counsel, —Contacting Honeywell for a warranty contact with the public that concerns Attention: Rules Docket No. 2001–CE– replacement unit. the substantive parts of this AD. 08–AD, 901 Locust, Room 506, Kansas We are reviewing the writing style we City, Missouri 64106. The FAA’s Determination and an currently use in regulatory documents, You may get the service information Explanation of the Provisions of this AD in response to the Presidential referenced in this AD from Honeywell, What has FAA decided? The FAA has memorandum of June 1, 1998. That Product Support, One Technology reviewed all available information, memorandum requires federal agencies Center, 23500 W. 105th Street, Olathe, including the service information to communicate more clearly with the Kansas 66061; telephone: (913) 712– referenced above, and determined that: public. We are interested in your 2613; facsimile: (913) 712–1306. You comments on whether the style of this —The unsafe condition referenced in may look at this information at FAA, document is clear, and any other this document exists or could develop Central Region, Office of the Regional suggestions you might have to improve on airplanes equipped with a certain Counsel, Attention: Rules Docket No. the clarity of FAA communications that Honeywell KC 225 AFCS 2001–CE–08–AD, 901 Locust, Room affect you. You can get more configuration; 506, Kansas City, Missouri 64106; or at information about the Presidential —Any airplane with one of these AFCS the Office of the Federal Register, 800 memorandum and the plain language units should have the actions North Capitol Street, NW., suite 700, initiative at http:// specified in the above service bulletin Washington, DC. www.plainlanguage.gov. incorporated; and How can I be sure FAA receives my FOR FURTHER INFORMATION CONTACT: —The FAA should take AD action to comment? If you want us to Clyde Erwin, AerospaceEngineer, FAA, correct this unsafe condition. acknowledge the receipt of your Wichita Aircraft Certification Office, What does this AD require? This AD comments, you must include a self- 1801 Airport Road, Room 100, Wichita, requires you to accomplish the actions addressed, stamped postcard. On the Kansas 67209; telephone: (316) 946– previously specified in Honeywell postcard, write ‘‘Comments to Docket 4149; facsimile: (329) 946–4407. Installation Bulletin No. 472 Alert, No. 2001–CE–08–AD.’’ We will date SUPPLEMENTARY INFORMATION: Revision 1, dated January 2001. stamp and mail the postcard back to Discussion Will I have the opportunity to you. comment prior to the issuance of the What events have caused this AD? rule? Because the unsafe condition Regulatory Impact The FAA has received reports that the described in this document could result Does this AD impact various entities? Honeywell KC 225 automatic flight in potential loss of control of the These regulations will not have a control system (AFCS) is disconnecting airplane, FAA finds that notice and substantial direct effect on the States, on without warning during flight in a gross opportunity for public prior comment the relationship between the national mistrim configuration. The suspect are impracticable. Therefore, good cause Government and the States, or on the AFCS’s incorporate computer exists for making this amendment distribution of power and modifications (Mods) 1 and/or 2. effective in less than 30 days. responsibilities among the various Honeywell then conducted a factory levels of government. Therefore, FAA Comments Invited test, where it was noted that the pitch has determined that this final rule does trim ran when a malfunction of the trim How do I comment on this AD? not have federalism implications under sense 1 monitor timer happened with Although this action is in the form of a Executive Order 13132. out-of-tolerance components in the trim final rule and was not preceded by Does this AD involve a significant rule sense 2 monitor timer. The autopilot notice and opportunity for public or regulatory action? The FAA has then disconnected without warning comment, we invite your comments on determined that this regulation is an because of other monitors in the the rule. You may send whatever emergency regulation that must be autopilot. written data, views, or arguments you issued immediately to correct an unsafe
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condition in aircraft, and is not a Adoption of the Amendment (a) What airplanes are affected by this AD? significant regulatory action under This AD affects the following Honeywell Executive Order 12866. It has been Accordingly, under the authority automatic flight control systems (AFCS) that determined further that this action delegated to me by the Administrator, are installed in, but not limited to, the the Federal Aviation Administration airplanes listed below: involves an emergency regulation under (1) Affected KC 225 AFCS: DOT Regulatory Policies and Procedures amends part 39 of the Federal Aviation (44 FR 11034, February 26, 1979). If it Regulations (14 CFR part 39) as follows: Applicable is determined that this emergency Unit Part No. to Serial regulation otherwise would be PART 39—AIRWORTHINESS No. significant under DOT Regulatory DIRECTIVES Policies and Procedures, a final KC–225 065–00183–0101 All units 065–00183–0201 regulatory evaluation will be prepared 1. The authority citation for part 39 continues to read as follows: 065–00183–0301 and placed in the Rules Docket 065–00183–0401 (otherwise, an evaluation is not Authority: 49 U.S.C. 106(g), 40113, 44701. 065–00183–0501 required). A copy of it, if filed, may be § 39.13 [Amended] 065–00183–0601 obtained from the Rules Docket. 065–00183–2501 2. FAA amends § 39.13 by adding a 065–00183–2601 List of Subjects in 14 CFR Part 39 new airworthiness directive (AD) to 065–00183–2701 Air transportation, Aircraft, Aviation read as follows: 065–00183–2801 065–00183–2901 safety, Incorporation by reference, 2001–10–09 Honeywell: Amendment 39– 065–00183–3001 Safety. 12235; Docket No. 2001–CE–08–AD.
(2) List of airplanes where the affected AFCS could be installed. This is not a comprehensive list and airplanes not on this list that have an affected AFCS installed through field approval or other methods are still affected by this AD:
Manufacturer Airplane models
Aerostar Aircraft Corporation ...... PA–60–700P. The Cessna Aircraft Company ...... 208 and 208B. Commander Aircraft Corporation ...... 114B and 114TC. Mooney Aircraft Corporation ...... M20M and M20R. The New Piper Aircraft, Inc...... PA–34–220T and PA–46–350P. Raytheon Aircraft Company (Beech) ...... 58, 95–55, 95–C55, A36, B36TC, D55, and E55. SOCATA—Groupe Aerospatiale ...... TB20 and TB21.
(b) Who must comply with this AD? to prevent an undesirable autotrim command control column. Such loads in the pitch axis Anyone who wishes to operate any airplane that the autopilot cannot detect in the could result in loss of control of the airplane. that incorporates one of the required time. The airplane could then (d) What must I do to address this affectedHoneywell automatic flight control deviate from the selected altitude or the problem? To address this problem, you must systems must comply with this AD. autopilot could disconnect without warning, do the following actions, unless already (c) What problem does this AD address? which could result in heavy loads at the done: The actions specified by this AD are intended
Action Compliance time Procedures
(1) Inspect the KC 225 automatic flight control Within the next 10 hours time-in-service (TIS) Do this following the Honeywell Installation system (AFCS) (Part Number 065–00183– after June 15, 2001 (the effective date of Bulletin No. 472 Alert, Revision 1, dated 0101, –0201, –0301, –0401, –0501, –0601, this AD). January 2001. –2501, –2601, –2701, –2801, –2901, or –3001) to determine the currently installed computer modifications (Mods). These modi- fications are indicated on the AFCS serial number tag. (2) If only Mods 1 and/or 2 are incorporated, Prior to further flight after the inspection re- Accomplish the deactivation in accordance accomplish the following: quired by paragraph (d)(1) of this AD. with Honeywell Installation Bulletin No. 472 Alert, Revision 1, dated January 2001. The owner/operator holding at least a private pilot certificate as authorized by section 43.7 of the Federal Aviation Regulations (14 CFR 43.7) may accomplish the placard requirements of paragraph (d)(2)(ii) of this AD. Make an entry into the aircraft records showing compliance with this portion of the AD in accordance with section 43.9 of the Federal Aviation Regulations (14 CFR 43.9). (i) Deactivate the KC 225 AFCS by pulling and banding the autopilot circuit breaker(s) to pre- vent operation of the KC 225 AFCS in flight; and.
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Action Compliance time Procedures
(ii) Fabricate a placard that indicates the KC 225 AFCS is inoperative, and install this placard on the instrument panel within the pi- lot’s clear view. The placard should use let- ters of at least 0.10-inch in height and con- tain the following words: ‘‘KC 225 AFCS IN- OPERATIVE.’’. (3) As an alternative method of compliance to At any time as terminatinig action for all other Do this following the Honeywell Installation paragraphs (d)(2)(i) and (d)(2)(ii) of this AD requirements of this AD. Bulletin No. 472 Alert, Revision 1, dated for the KC 225 AFCS with only Mods 1 and/ January 2001. or 2 installed, accomplish either of the fol- lowing to return the KC 225 AFCS to oper- ation. (i) Return the AFCS to the Honeywell Service Center for modification to install Mod 1, 2, and 3 (or higher) levels and then incorporate thisAFCS on the airplane; or. (ii) Contact Honeywell Product Support for a warranty replacement KC 225 AFCS that contains Mod 1, 2, and 3 (or higher) levels and then incorporate this AFCS on the air- plane. (4) If no Mods are installed or at least Mods 1, Prior to further flight after the inspection re- Do this following the Honeywell Installation 2, and 3 are installed, ensure that the aircraft quired by paragraph (d)(1) of this AD. Bulletin No. 472 Alert, Revision 1, dated records identify Mod status. No further action January 2001. is required by this AD.
(e) Can I comply with this AD in any other (h) Are any service bulletins incorporated DEPARTMENT OF TRANSPORTATION way? You may use an alternative method of into this AD by reference? Actions required compliance or adjust the compliance time if: by this AD must be done in accordance with Federal Aviation Administration (1) Your alternative method of compliance Honeywell Installation Bulletin No. 472 provides an equivalent level of safety; and Alert, Revision 1, dated January 2001. The 14 CFR Part 39 (2) The Manager, Wichita Aircraft Director of the Federal Register approved this Certification Office approves your incorporation by reference under 5 U.S.C. alternative. Send your request through an [Docket No. 99–NE–58–AD; Amendment 39– 552(a) and 1 CFR part 51. You can get copies FAAPrincipal Maintenance Inspector, who 12238; AD 2001–10–12] from Honeywell, Business & General may add comments and then send it to the Manager, Wichita ACO. Aviation, One Technology Center, 23500 W. 105th Street, Olathe, Kansas 66061. You can RIN 2120–AA64 Note: This AD applies to each airplane look at copies at FAA, Central Region, Office with a Honeywell automatic flight control of the Regional Counsel, 901 Locust, Room Airworthiness Directives; GE Aircraft computer identified in paragraph (a) of this Engines CJ610 Series Turbojet and AD, regardless of whether it has been 506, Kansas City, Missouri, or at the Office modified, altered, or repaired in the area of the Federal Register, 800 North Capitol CF700 Turbofan Engines subject to the requirements of this AD. For Street, NW., suite 700, Washington, DC. airplanes that have been modified, altered, or (i) When does this amendment become AGENCY: Federal Aviation repaired so that the performance of the effective? This amendment becomes effective Administration, DOT. requirements of this AD is affected, the on June 15, 2001. owner/operator must request approval for an ACTION: Final rule; request for Issued in Kansas City, Missouri, on May alternative method of compliance in comments. accordance with paragraph (e) of this AD. 14, 2001. You should include in the request an Melvin D. Taylor, SUMMARY: This amendment supersedes assessment of the effect of the modification, Acting Manager, Small Airplane Directorate, an existing airworthiness directive (AD) alteration, or repair on the unsafe condition Aircraft Certification Service. that is applicable to GE Aircraft Engines addressed by this AD; and, if you have not [FR Doc. 01–12634 Filed 5–22–01; 8:45 am] eliminated the unsafe condition, specific (GEAE) CJ610 series turbojet and CF700 actions you propose to address it. BILLING CODE 4910–13–P series turbofan engines that currently (f) Where can I get information about any requires removal of certain unapproved already-approved alternative methods of parts before further flight. This compliance? Contact Clyde Erwin, Aerospace amendment requires removal of Engineer, FAA, Wichita Aircraft Certification additional unapproved parts. This Office, 1801 Airport Road, Room 100, amendment is prompted by the Wichita, Kansas 67209; telephone: (316) 946– discovery by the FAA of additional 4149; facsimile: (329)946–4407. unapproved parts not listed in the (g) What if I need to fly the airplane to original AD that have been introduced another location to comply with this AD? The into the field and might be installed on FAA can issue a special flight permit under §§ 21.197 and 21.199 of the Federal Aviation the affected engines. The actions Regulations (14 CFR 21.197 and 21.199) to specified in this AD are intended to operate your airplane to a location where you prevent the use of unapproved parts can accomplish the requirements of this AD. which could lead to an uncontained
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engine failure and damage to the Immediate Adoption of This AD The FAA has determined that this airplane. Since a situation exists that requires regulation is an emergency regulation that must be issued immediately to DATES: Effective June 7, 2001. the immediate adoption of this regulation, it is found that notice and correct an unsafe condition in aircraft, Comments for inclusion in the Rules opportunity for prior public comment and is not a ‘‘significant regulatory Docket must be received on or before hereon are impracticable, and that good action’’ under Executive Order 12866. It July 23, 2001. cause exists for making this amendment has been determined further that this ADDRESSES: Submit comments in effective in less than 30 days. action involves an emergency regulation triplicate to the Federal Aviation under DOT Regulatory Policies and Administration (FAA), New England Comments Invited Procedures (44 FR 11034, February 26, Region, Office of the Regional Counsel, Although this action is in the form of 1979). If it is determined that this Attention: Rules Docket No. 99–NE–58– a final rule that involves requirements emergency regulation otherwise would AD, 12 New England Executive Park, affecting flight safety and, thus, was not be significant under DOT Regulatory Burlington, MA 01803–5299. Comments preceded by notice and an opportunity Policies and Procedures, a final may also be sent via the Internet using for public comment, comments are regulatory evaluation will be prepared the following address: ‘‘9-ane- invited on this rule. Interested persons and placed in the Rules Docket. A copy [email protected]’’. Comments sent are invited to comment on this rule by of it, if filed, may be obtained from the via the Internet must contain the docket submitting such written data, views, or Rules Docket at the location provided number in the subject line. arguments as they may desire. under the caption ADDRESSES. Communications should identify the FOR FURTHER INFORMATION CONTACT List of Subjects in 14 CFR Part 39 : Rules Docket number and be submitted Kevin Donovan, Aerospace Engineer, in triplicate to the address specified Air transportation, Aircraft, Aviation Engine Certification Office, FAA, Engine under the caption ADDRESSES. All safety, Safety. and Propeller Directorate, 12 New communications received on or before Adoption of the Amendment England Executive Park, Burlington, MA the closing date for comments will be 01803–5299; telephone (781) 238–7743, considered, and this rule may be Accordingly, pursuant to the fax (238) 238–7199. amended in light of the comments authority delegated to me by the SUPPLEMENTARY INFORMATION: On received. Factual information that Administrator, the Federal Aviation January 5, 2000, the FAA issued AD supports the commenter’s ideas and Administration amends part 39 of the 2000–01–09, Amendment 39–11506 (65 suggestions is extremely helpful in Federal Aviation Regulations (14 CFR– FR 1771) to require removal of certain evaluating the effectiveness of the AD part–39) as follows: unapproved parts before further flight. action and determining whether That amendment was prompted by additional rulemaking action would be PART 39—AIRWORTHINESS findings that life-limited parts, with needed. DIRECTIVES inaccurate records, have been Comments are specifically invited on 1. The authority citation for part 39 introduced into the field and might be the overall regulatory, economic, continues to read as follows: installed on the affected engines. That environmental, and energy aspects of condition, if not corrected, could lead to the rule that might suggest a need to Authority: 49 U.S.C. 106(g), 40113, 44701. an uncontained engine failure and modify the rule. All comments § 39.13 [Amended] submitted will be available, both before damage to the airplane. 2. Section 39.13 is amended by and after the closing date for comments, Since the issuance of that AD, the removing Amendment 39–11506 (65 FR in the Rules Docket for examination by FAA discovered a compressor rotor 1771, January 12, 2000), and by adding interested persons. A report that during an audit with suspected military a new airworthiness directive (AD), summarizes each FAA-public contact markings. The manufacturer confirmed Amendment 39–12238, to read as concerned with the substance of this AD that the marking was an electro-etched will be filed in the Rules Docket. follows: Low Cycle Fatigue Cycles (LCFC) Commenters wishing the FAA to 2001–10–12 GE Aircraft Engines (GEAE) marking used strictly on military parts. acknowledge receipt of their comments Amendment 39–12238. Docket 99–NE– The original AD, AD 2000–01–09, did submitted in response to this action 58–AD. Supersedes AD 2000–01–09, not identify this particular compressor must submit a self-addressed, stamped Amendment 39–11506. rotor or the three additional rotors postcard on which the following Applicability containing unapproved parts discovered statement is made: ‘‘Comments to This airworthiness directive (AD) is at other locations during subsequent Docket Number 99–NE–58–AD.’’ The audits. applicable to GEAE CJ610 series turbojet and postcard will be date stamped and CF700 series turbofan engines, with parts FAA’s Determination of an Unsafe returned to the commenter. listed by part number (P/N) and serial Condition and Proposed Actions number (SN) in Tables I and II, installed. Regulatory Impact These engines are installed on, but not Since an unsafe condition has been This final rule does not have limited to, the Dassault-Aviation Fan Jet identified that is likely to exist or federalism implications, as defined in Falcon 20 series, Sabreliner NA265 series, develop on other GE Aircraft Engines Executive Order 13132, because it Learjet 20 series, Israel Aircraft Industries (GEAE) CJ610 series turbojet and CF700 would not have a substantial direct Westwind series, Hansa Jet, Aero series turbofan engines of the same type effect on the States, on the relationship Commander, and Jet Commander. design, this AD supersedes AD 2000– between the national government and Note 1: This AD applies to each engine 01–09 to require removal before further the States, or on the distribution of identified in the preceding applicability provision, regardless of whether it has been flight of the additional unapproved power and responsibilities among the modified, altered, or repaired in the area parts not listed in the original AD that various levels of government. subject to the requirements of this AD. For have been introduced into the field and Accordingly, the FAA has not consulted engines that have been modified, altered, or might be installed on the affected with state authorities prior to repaired so that the performance of the engines. publication of this final rule. requirements of this AD is affected, the
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owner/operator must request approval for an been eliminated, the request should include failure and damage to the airplane, alternative method of compliance in specific proposed actions to address it. accomplish the following: accordance with paragraph (c) of this AD. Compliance Replacement of Unapproved Parts The request should include an assessment of the effect of the modification, alteration, or Compliance with this AD is required as (a) Before further flight, remove any part repair on the unsafe condition addressed by indicated, unless already done. listed by P/N and SN in Tables I and II of To prevent the use of unapproved parts, this AD, and replace it with a serviceable this AD; and, if the unsafe condition has not which could lead to an uncontained engine part:
TABLE I.—UNAPPROVED PARTS LISTED IN AD 2000–01–09
Part number Part name Serial number
3007T98G01 ...... Shaft, compressor drive ...... HPCTQA11693 3007T98G01 ...... Shaft, compressor drive ...... HPCTQA11929 3007T98G01 ...... Shaft, compressor drive ...... HPCTQA1929 3007T98G01 ...... Shaft, compressor drive ...... HPGTQA9947 3007T98G01 ...... Shaft, compressor drive ...... TQA14300 37D401014P101 ...... Torque ring, turbine ...... GGM681 37D401014P101 ...... Torque ring, turbine ...... GGMCBK1977 37D401014P101 ...... Torque ring, turbine ...... GGMWZA1230 37D401014P101 ...... Torque ring, turbine ...... GGMWZA2322 37D401014P101 ...... Torque ring, turbine ...... GGMWZA4665 37D401014P101 ...... Torque ring, turbine ...... PMB08403P 37D401014P102 ...... Torque ring, turbine ...... PMB19204 37D401302P101 ...... Spacer, stage 2 ...... GATI2099WYR 37D401302P101 ...... Spacer, stage 2 ...... GATWZA09656 37D401302P101 ...... Spacer, stage 2 ...... GATWZA10002 37D401302P101 ...... Spacer, stage 2 ...... GATWZA10148 37D401302P101 ...... Spacer, stage 2 ...... GATWZA5419 37D401303P102 ...... Spacer, stage 3 ...... GATCBK02192 37D401303P102 ...... Spacer, stage 3 ...... GATWZA12030 37D401303P102 ...... Spacer, stage 3 ...... GGMWZA1022 37D401303P104 ...... Spacer, stage 3 ...... GATWYR5364 37D401304P104 ...... Spacer, stage 4 ...... GATANWA2378 37D401305P103 ...... Spacer, stage 5 ...... GATANW9528 37D401305P103 ...... Spacer, stage 5 ...... GATANWA7441 37D401305P103 ...... Spacer, stage 5 ...... GATANWA8542 37D401305P103 ...... Spacer, stage 5 ...... GGMANW3172 37D401306P103 ...... Spacer, stage 6 ...... GATANW6380 37D401306P103 ...... Spacer, stage 6 ...... GGMANW2331 37D401306P105 ...... Spacer, stage 6 ...... GATCDY71386 37D401306P105 ...... Spacer, stage 6 ...... GATO7040CDY 37D401307P103 ...... Spacer, stage 7 ...... GAT59653 37D401307P103 ...... Spacer, stage 7 ...... GATANW7170 37D401307P103 ...... Spacer, stage 7 ...... GATANWA7134 37D401307P103 ...... Spacer, stage 7 ...... GGMANW3104 37D401312P101 ...... Disc, stage 2 ...... GATI0156WZA 37D401312P101 ...... Disc, stage 2 ...... GATO8253WZA 37D401312P101 ...... Disc, stage 2 ...... GATWZA3983 37D401312P101 ...... Disc, stage 2 ...... GATWZA6604 37D401312P101 ...... Disc, stage 2 ...... GGMCBK620 37D401312P101 ...... Disc, stage 2 ...... GGMLBA4491 37D401313P101 ...... Disc, stage 3 ...... GATI3249WYI 37D401313P101 ...... Disc, stage 3 ...... GATO7644WZA 37D401313P101 ...... Disc, stage 3 ...... GATWZA6522 37D401313P101 ...... Disc, stage 3 ...... GATWZA6723 37D401313P101 ...... Disc, stage 3 ...... GGMLBA2102 37D401314P102 ...... Disc, stage 4 ...... GAT05572WZA 37D401314P102 ...... Disc, stage 4 ...... GATO4383WZA 37D401314P102 ...... Disc, stage 4 ...... GGMWZA6818 37D401315P101 ...... Disc, stage 5 ...... GAT12406WZA 37D401315P101 ...... Disc, stage 5 ...... GATWZA4753 37D401315P101 ...... Disc, stage 5 ...... GATWZA7093 37D401316P101 ...... Disc, stage 6 ...... GAT10162WZA 37D401316P101 ...... Disc, stage 6 ...... GATWZA4435 37D401316P101 ...... Disc, stage 6 ...... GATWZA7208 37D401316P101 ...... Disc, stage 6 ...... GGMWZA3376 37D401317P101 ...... Disc, stage 7 ...... GAT10013WZA 37D401317P101 ...... Disc, stage 7 ...... GAT13322WZA 37D401317P101 ...... Disc, stage 7 ...... GATI5009WYR 37D401709P101 ...... Disc, stage 8 ...... GATO3900WZA 37D401709P101 ...... Disc, stage 8 ...... GATO5381WZA 37D401709P101 ...... Disc, stage 8 ...... GGMWZA6906 37D401709P101 ...... Disc, stage 8 ...... GGMWZA6942 37E501428P102 ...... Disc and shaft, stage 1 ...... GATI2001WZA
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TABLE I.—UNAPPROVED PARTS LISTED IN AD 2000–01–09—Continued
Part number Part name Serial number
37E501428P102 ...... Disc and shaft, stage 1 ...... GATWZA8639 37E501428P106 ...... Disc and shaft, stage 1 ...... GATO8474WZA 37E501428P106 ...... Disc and shaft, stage 1 ...... GGMWZA3231 4010T01P01 ...... Seal labyrinth, stage 8 ...... JADCSF334P59 4010T01P01 ...... Seal labyrinth, stage 8 ...... JADCSF5222 4010T01P01 ...... Seal labyrinth, stage 8 ...... JADCSF5444P21 4010T01P01 ...... Seal labyrinth, stage 8 ...... JADMCI3214 4036T24P01 ...... Turbine wheel, stage 2 ...... GATWYR14035 4036T24P01 ...... Turbine wheel, stage 2 ...... GATWYR14655 5013T79P01 ...... Disc, stage 5 ...... GATI1679WZA 5013T82P01 ...... Disc, stage 7 ...... GATI7662WYR 5013T88P01 ...... Spacer, stage 4 ...... GAT69935 5013T88P01 ...... Spacer, stage 4 ...... GATCDY66715 5013T89P01 ...... Spacer, stage 5 ...... GAT60180CDY 5013T89P01 ...... Spacer, stage 5 ...... GAT60180CDY 5013T90P01 ...... Spacer, stage 7 ...... GAT81678CDY 5013T90P01 ...... Spacer, stage 7 ...... GATCDY82036 5018T16P01 ...... Disc, stage 4 ...... GAT12222WYR 6028T44P01 ...... Turbine wheel, stage 1 ...... GAT11900 6028T44P01 ...... Turbine wheel, stage 1 ...... GAT13094 6028T44P01 ...... Turbine wheel, stage 1 ...... GAT14749 6028T44P01 ...... Turbine wheel, stage 1 ...... GAT15160 6028T44P01 ...... Turbine wheel, stage 1 ...... GAT15396WYR 6028T44P01 ...... Turbine wheel, stage 1 ...... GAT15703 6028T44P01 ...... Turbine wheel, stage 1 ...... GAT15821 6028T44P01 ...... Turbine wheel, stage 1 ...... GAT15899 6028T44P01 ...... Turbine wheel, stage 1 ...... GAT59743 6028T44P01 ...... Turbine wheel, stage 1 ...... GAT60190 6028T44P01 ...... Turbine wheel, stage 1 ...... GAT60197 6028T44P01 ...... Turbine wheel, stage 1 ...... GAT60483 6028T44P01 ...... Turbine wheel, stage 1 ...... GAT7321 6028T44P01 ...... Turbine wheel, stage 1 ...... GATA8475 6028T44P01 ...... Turbine wheel, stage 1 ...... GATA8492 6028T44P01 ...... Turbine wheel, stage 1 ...... GATAJ204 6028T44P01 ...... Turbine wheel, stage 1 ...... GATB6925 6028T44P01 ...... Turbine wheel, stage 1 ...... GATBE998 6028T44P01 ...... Turbine wheel, stage 1 ...... GATE2150 6028T44P01 ...... Turbine wheel, stage 1 ...... GATE2259 6028T44P01 ...... Turbine wheel, stage 1 ...... GATE2291 6028T44P01 ...... Turbine wheel, stage 1 ...... GATE2336 6028T44P01 ...... Turbine wheel, stage 1 ...... GATF4496 6028T44P01 ...... Turbine wheel, stage 1 ...... GATF4507 6028T44P01 ...... Turbine wheel, stage 1 ...... GATFE953 6028T44P01 ...... Turbine wheel, stage 1 ...... GATG6470 6028T44P01 ...... Turbine wheel, stage 1 ...... GATV6541 6028T44P01 ...... Turbine wheel, stage 1 ...... GATV6588 6028T44P01 ...... Turbine wheel, stage 1 ...... GATW1573 634E583P04 ...... Turbine wheel, stage 1 ...... GATWZA4994 634E583P5 ...... Turbine wheel, stage 1 ...... GAT10650 634E583P5 ...... Turbine wheel, stage 1 ...... GAT13048 646C596P2 ...... Turbine wheel, stage 2 ...... GATCBK01912 646C596P2 ...... Turbine wheel, stage 2 ...... GATWYR12725 646C596P2 * ...... Turbine wheel, stage 2 ...... GATWZA9723 646C594P2 * ...... Turbine wheel, stage 2 ...... GATWZA9723 646C594P1 * ...... Turbine wheel, stage 2 ...... GATWZA9723 841B690P7 ...... Assy, Turbine wheel, stage 1 ...... GAT9383WZA 841B690P7 ...... Assy, Turbine wheel, stage 1 ...... GATMKF07225 841B690P7 ...... Assy, Turbine wheel, stage 1 ...... GATWYR12358 841B690P7 ...... Assy, Turbine wheel, stage 1 ...... GATWYR13457 841B690P7 ...... Assy, Turbine wheel, stage 1 ...... GATWYR13677 841B690P7 ...... Assy, Turbine wheel, stage 1 ...... GATWZA8110 841B690P7 ...... Assy, Turbine wheel, stage 1 ...... GATWZA8263 841B690P7 ...... Assy, Turbine wheel, stage 1 ...... GATWZA9182 841B690P7 ...... Assy, Turbine wheel, stage 1 ...... OJL0145 841B690P7 ...... Assy, Turbine wheel, stage 1 ...... WDBMKF07219 * The FAA has determined that up to three Stage 2 Turbine wheels, SN GATWZA9723, may have been distributed with three different P/N’s. Therefore, while only P/N 646C596P1 is an approved P/N for the CJ610 and CF700 model engine, all three part numbers are listed.
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TABLE II.—ADDITIONAL UNAPPROVED PARTS DISCOVERED SINCE PUBLICATION OF AD 2000–01–09
Part Number Part name Serial Number
37E501428P102 ...... 1st Stg Disc/Shaft/Spacer ...... GAT14210WYR 37E501428P106 ...... Disc & Shaft Stg 1 Comp ...... GAT115140WZA 37D401312P101 ...... Disc Stg 2 Comp ...... GAT2107WYR 37D401312P101 ...... Disc Stg 2 Comp ...... GAT07432WZA 37D401313P101 ...... Disc Stg 3 Comp ...... GAT2432WYR 37D401313P101 ...... Disc Stg 3 Comp ...... GAT10717WZA 5018T16P01 ...... Disc Stg 4 Comp ...... GAT10058WYR 5018T16P01 ...... Disc Stg 4 Comp ...... GAT05724WZA 37D401315P101 ...... Disc Stg 5 Comp ...... GAT16068WYR 37D401316P101 ...... Disc Stg 6 Comp ...... GAT15035WYR 37D401317P101 ...... Disc Stg 7 Comp ...... GAT6493WYR 5013T82P01 ...... Disc Stg 7 Comp ...... GAT15819WYR 37D401709P101 ...... Disc Stg 8 Comp ...... GAT08842WYR 5013T83P01 ...... Disc Stg 8 Comp ...... GAT07464WYR 4010T010P02 ...... Seal Rot Stg 8 Comp ...... JADMSA09181 4010T010P01 ...... Seal Rot Stg 8 Comp ...... APVM0F00180 4010T01P01 ...... Seal Rot Stg 8 Comp ...... APVM0F00192 5004T73P02 ...... Shaft Rear Comp ...... HPCTQA12100 3007T98G01 ...... Shaft Rear Comp ...... HPCTQ1474 37D401303P102 ...... Spacer Stg 3 Comp ...... GGMWZA1112 5013T88P01 ...... Spacer Stg 4 Comp ...... GAT1A402 37D401302P101 ...... Spacer Stg 2 Comp ...... GATWRY12483 37D401302P103 ...... Spacer Stg 2 Comp ...... GATE0A00429 37D401303P102 ...... Spacer Stg 3 Comp ...... GATWZA5858 37D401304P103 ...... Spacer Stg 4 Comp ...... GATANW10309 37D401304P103 ...... Spacer Stg 4 Comp ...... GATANWA5510 5013T88P01 ...... Spacer Stg 4 Comp ...... GATCDY61557 37D401305P103 ...... Spacer Stg 5 Comp ...... GATANW11066 37D401306P103 ...... Spacer Stg 6 Comp ...... GATANW09191 37D401306P105 ...... Spacer Stg 6 Comp ...... GAT8654CDY 37D401307P103 ...... Spacer Stg 7 Comp ...... GATANW9286 37D401307P103 ...... Spacer Stg 7 Comp ...... GATANWA6612
Alternate Methods of Compliance DEPARTMENT OF TRANSPORTATION to provide adequate controlled airspace (b) An alternative method of compliance or for Instrument Flight Rules (IFR) adjustment of the compliance time that Federal Aviation Administration operations at Jackson Hole Airport, provides an acceptable level of safety may be Jackson Hole, WY. used if approved by the Manager, Engine 14 CFR Part 71 EFFECTIVE DATE: 0901 UTC, June 18, Certification Office (ECO). Operators shall [Airspace Docket No. 00–ANM–24] 2001. submit their requests through an appropriate FAA Principal Maintenance Inspector, who Revision of Class E Airspace, Jackson FOR FURTHER INFORMATION CONTACT: may add comments and then send it to the Hole, WY Brian Durham, ANM–520.7, Federal Manager, ECO. AGENCY: Federal Aviation Aviation Administration, Docket No. Note 2: Information concerning the Administration (FAA), DOT. 00–ANM–24, 1601 Lind Avenue SW, existence of approved alternative methods of ACTION: Final rule. Renton, Washington 98055–4056: compliance with this airworthiness directive, telephone number: (425) 227–2527. if any, may be obtained from the ECO. SUMMARY: This action revises the SUPPLEMENTARY INFORMATION: Jackson Hole, WY, Class E airspace to Effective Date of This AD accommodate airspace required for new History (c) This amendment becomes effective on Standard Instrument Approach June 7, 2001. Procedure (SIAP) and Departure On February 13, 2001, the FAA Issued in Burlington, Massachusetts, on Procedures (DP) to the Jackson Hole proposed to amend Title 14 Code of May 16, 2001. Airport, Jackson Hole, WY. Newly Federal Regulations, part 71 (14 CFR part 71) by revising Class E airspace at Diane S. Romanosky, developed approach and departure procedures at the Jackson Hole Airport Jackson Hole, WY, in order to Acting Manager, Engine and Propeller has made this action necessary. accommodate a new SIAP and DPs at Directorate, Aircraft Certification Service. Additional Class E 700-feet, and 1,200 Jackson Hole Airport, Jackson Hole, WY [FR Doc. 01–12942 Filed 5–22–01; 8:45 am] feet controlled airspace, above the (66 FR 30). This amendment provides BILLING CODE 4910–13–P surface of the earth is required to Class E5 airspace at Jackson Hole, WY, contain aircraft executing the to meet current criteria standards Instrument Landing System (ILS) associated with the SIAP and DPs. Runway (RWY) 18 Standard Instrument Interested parties were invited to Approach Procedure (SIAP) and the participate in the rulemaking Geyser One and Jacho One Departure proceeding by submitting written Procedures (DP) at Jackson Hole Airport. comments on the proposal. No The intended effect of this proposal is comments were received.
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The Rule PART 71—DESIGNATION OF CLASS A, DEPARTMENT OF TRANSPORTATION CLASS B, CLASS C, CLASS D, AND This amendment to Title 14 Code of CLASS E AIRSPACE AREAS; Federal Aviation Administration Federal Regulations, part 71 (14 CFR AIRWAYS; ROUTES; AND REPORTING part 71) revises Class E airspace at POINTS 14 CFR Part 121 Jackson Hole, WY, in order to accommodate newly developed SIAP 1. The authority citation for 14 CFR Flight Crewmember Flight Time and DPs to the Jackson Hole Airport, part 71 continues to read as follows: Limitations and Rest Requirements; Jackson Hole, WY. This amendment Correction revises Class E5 airspace at Jackson Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Hole, WY, to meet current criteria 1963 Comp., p. 389. AGENCY: Federal Aviation standards associated with the SIAP and Administration, DOT. DPs. The FAA establishes Class E § 71.1 [Amended] airspace where necessary to contain ACTION: Notice of enforcement policy; aircraft transitioning between the 2. The incorporation by reference in correction. terminal and en route environments. 14 CFR 71.1 of the Federal Aviation This rule is designed to provide for the Administration Order 7400.9H, SUMMARY: On May 17, 2001, at 66 FR safe and efficient use of the navigable Airspace Designations and Reporting 27548, the Federal Aviation airspace and to promote safe flight Points, dated September 1, 2000, and Adminstration (FAA) announced to the operations under Instrument Flight effective September 16, 2000, is public the Federal Aviation Rules (IFR) at the Jackson Hole Airport amended as follows: Administration’s (FAA’s) intent to and between the terminal and en route rigorously enforce its existing transition stages. Paragraph 6005—Class E airspace areas extending upward from 700 feet or more regulations governing flight The area will be depicted on above the surface of the earth. crewmember rest requirements that are aeronautical charts for pilot reference. * * * * * presently codified at 14 CFR 121.471. The coordinates for this airspace docket This document corrects the title of the are based on North American Datum 83. ANM WY E5—Jackson Hole, WY [Revised] person who signed the document and Class E airspace areas extending upward Jackson Hole Airport, WY inserts the date for the comprehensive from 700 feet or more above the surface (lat. 43°36′23″N., long. 110°44′17″W.) review of certificate holders’ flight of the earth, are published in Paragraph Jackson VOR/DME scheduling practices. 6005, of FAA Order 7400.9H dated (lat. 43°36′30″N., long. 110°44′05″W.) September 1, 2000, and effective That airspace extending upward from 700 EFFECTIVE DATE: This correction is September 16, 2000, which is feet above the surface within the 4.3-mile effective on May 17, 2001. radius of the Jackson Hole Airport, and incorporated by reference in 14 CFR FOR FURTHER INFORMATION CONTACT: 71.1. The Class E airspace designation within 4.4 miles west and 8.3 miles east of the Jackson VOR/DME 200° radial extending Alberta Brown, telephone (202) 267– listed in this document will be 8166. published subsequently in the Order. from the VOR/DME to 21.4 miles south of the VOR/DME, and within 4.4 miles each side of Correction The FAA has determined that this the 020° radial from the Jackson VOR/DME regulation only involves an established extending to 17.8 miles; and that airspace In the Federal Register of May 17, body of technical regulations for which extending upward from 1,200 feet above the 2001, at 66 FR 27548, in FR Doc. 01– frequent and routine amendments are surface within 15.2 miles west and 18.7 miles 12419, make the following corrections: necessary to keep them operationally east of the Jackson VOR/DME 020° radial current. It, therefore, (1) is not a extending from the VOR/DME to 44.6 miles 1. On page 27549, in column 2, in ‘‘significant regulatory action’’ under north of the VOR/DME, and that airspace paragraph 3, under ‘‘Compliance and Executive Order 12866; (2) is not a west of the Jackson VOR/DME bounded on Enforcement Plan,’’ in lines 9 and 10, ‘‘significant rule’’ under DOT the northwest by the southeast edge of V–520 correct [insert date (6 months from extending to 15.2 miles in an arc Regulatory Policies and Procedures (44 publication date)]’’, to read ‘‘November counterclockwise to the northwest edge of V– 1, 2001’’. FR 11034; February 26, 1979); and (3) 465, and that airspace to the south of the does not warrant preparation of a Jackson VOR/DME bounded on the northwest 2. On page 27549, in column 3, in the Regulatory Evaluation as the anticipated by the southeast edge of V–465, on the east signature block, correct the title of the impact is so minimal. Since this is a by the southwest edge of V–328, on the south person who signed the document to routine matter that will only affect air by the north edge of V–4 and on the west by read ‘‘Acting Associate Administrator ° ′ ″ traffic procedures and air navigation, it long. 112 00 00 W and that airspace east of for Regulation and Certification.’’ is certified that this rule, will not have the Jackson VOR/DME between the 052° a significant economic impact on a radial and 156° radial extending to 33.1 Issued in Washington, DC on May 17, substantial number of small entities miles; and excluding that airspace within 2001. under the criteria of the Regulatory Federal airways; the Big Piney; WY, the Rock Donald P. Byrne, Springs, WY; the Driggs, ID, Class E airspace Flexibility Act. Assistant Chief Counsel, Regulations areas. Division. List of Subjects in 14 CFR Part 71 * * * * * [FR Doc. 01–12932 Filed 5–22–01; 8:45 am] Airspace, Incorporation by reference, Issued in Seattle, Washington, May 15, BILLING CODE 4913–13–M Navigation (air). 2001. Adoption of the Amendment Dan A. Boyle, Assistant Manager, Air Traffic Division, In consideration of the foregoing, the Northwest Mountain Region. Federal Aviation Administration [FR Doc. 01–13049 Filed 5–22–01; 8:45 am] amends 14 CFR part 71 as follows: BILLING CODE 4910–13–M
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DEPARTMENT OF THE TREASURY Special Analyses the amount is fully deposited or It has been determined that this remitted with a timely filed return for Internal Revenue Service Treasury decision is not a significant the return period, the amount deposited regulatory action as defined in or remitted will be deemed to have been 26 CFR Part 31 Executive Order 12866. Therefore, a timely deposited. * * * * * [TD 8946] regulatory assessment is not required. It also has been determined that section § 31.6302–1T [Removed] RIN 1545–AY47 553(b) of the Administrative Procedure Act (5 U.S.C. chapter 5) does not apply Par. 3. Section 31.6302–1T is Federal Employment Tax Deposits—De to these regulations, and, because these removed. Minimis Rule regulations do not impose a collection Robert E. Wenzel, of information on small entities, the AGENCY: Deputy Commissioner of Internal Revenue. Internal Revenue Service (IRS), Regulatory Flexibility Act (5 U.S.C. Approved: May 10, 2001. Treasury. chapter 6) does not apply. Pursuant to ACTION: Final regulations and removal of section 7805(f) of the Internal Revenue Mark A. Weinberger, temporary regulations. Code, the notice of proposed rulemaking Assistant Secretary for Tax Policy. preceding these regulations was [FR Doc. 01–12864 Filed 5–22–01; 8:45 am] SUMMARY: This document contains final submitted to the Chief Counsel for BILLING CODE 4830–01–P regulations relating to the deposit of Advocacy of the Small Business Federal employment taxes. The final Administration for comment on its regulations adopt the rules of the impact on small business. DEPARTMENT OF TRANSPORTATION temporary regulations that change the de minimis deposit rule for quarterly Drafting Information Coast Guard and annual periods from $1,000 to The principal author of the $2,500. The regulations affect taxpayers regulations is Brinton T. Warren of the 33 CFR Parts 100 and 165 required to make deposits of Federal Office of Associate Chief Counsel, [USCG–2001–9668] employment taxes. Procedure and Administration DATES: Effective Date: These regulations (Administrative Provisions and Judicial Safety Zones, Security Zones, and are effective May 23, 2001. Practice Division). However, other Special Local Regulations Applicability Date: For dates of personnel from the IRS and Treasury applicability, see § 31.6302–1(f)(4). Department participated in their AGENCY: Coast Guard, DOT. FOR FURTHER INFORMATION CONTACT: development. ACTION: Notice of temporary rules issued. Brinton T. Warren, (202) 622–4940 (not List of Subjects in 26 CFR Part 31 a toll-free number). Employment taxes, Income taxes, SUMMARY: This document provides SUPPLEMENTARY INFORMATION: Penalties, Pensions, Railroad retirement, required notice of substantive rules Background Reporting and recordkeeping adopted by the Coast Guard and temporarily effective between January 1, This document contains amendments requirements, Social security, Unemployment compensation. 2001 and March 31, 2001 which were to 26 CFR part 31, Employment Taxes not published in the Federal Register. and Collection of Income Tax at the Adoption of Amendments to the This quarterly notice lists temporary Source. On December 6, 2000, Regulations local regulations, security zones, and temporary and final regulations (TD safety zones of limited duration and for 8909) relating to the deposit of Federal Accordingly, 26 CFR part 31 is amended as follows: which timely publication in the Federal employment taxes under section 6302 of Register was not possible. the Internal Revenue Code were PART 31—EMPLOYMENT TAXES AND published in the Federal Register (65 DATES: This notice lists temporary Coast COLLECTION OF INCOME TAX AT Guard regulations that became effective FR 76152). A notice of proposed SOURCE rulemaking (REG–114423–00) cross- and were terminated between January 1, referencing the temporary regulations Paragraph 1. The authority citation 2001 and March 31, 2001. This notice was published in the Federal Register for part 31 is amended by removing the also lists three regulations that were for the same day (65 FR 76194). No entry for Section 31.6302–1T to read in effective and terminated between comments were received from the part as follows: September and December, 2000. ADDRESSES: The Docket Management public in response to the notice of Authority: 26 U.S.C. 7805 * * * proposed rulemaking. Facility maintains the public docket for Par. 2. In § 31.6302–1, paragraph (f)(4) this notice. Documents indicated in this Explanation of Provisions is revised to read as follows: notice will be available for inspection or copying at the Docket Management These final regulations adopt the rules § 31.6302–1 Federal tax deposit rules for of the temporary regulations. Under withheld income taxes and taxes under the Facility, U.S. Department of these rules, a taxpayer does not have to Federal Insurance Contributions Act (FICA) Transportation, Room PL–401, 400 make deposits of Federal employment attributable to payments made after Seventh Street SW., Washington, DC taxes for a quarterly or annual return December 31, 1992. 20593–0001 between 9 a.m. and 5 p.m., period if the tax for the period is less * * * * * Monday through Friday, except Federal than $2,500 and the taxpayer remits its (f) * * * Holidays. You may electronically access full liability with a timely filed return (4) De Minimis rule. For quarterly and the public docket for this notice on the for the period. The regulations are annual return periods beginning on or Internet at http://dms.dot.gov. applicable with respect to quarterly and after January 1, 2001, if the total amount FOR FURTHER INFORMATION CONTACT: For annual periods beginning on or after of accumulated employment taxes for questions on this notice, contact January 1, 2001. the return period is less than $2,500 and Christena Green, Office of Regulations
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and Administrative Law, telephone regulations in the Federal Register is Permanent regulations are not included (202) 267–0133. For questions on often precluded when a regulation in this list because they are published viewing, or on submitting material to responds to an emergency, or when an in their entirety in the Federal Register. the docket, contact Dorothy Beard, event occurs without sufficient advance Temporary regulations may also be Chief, Dockets, Department of notice. However, the affected public is published in their entirety if sufficient Transportation (202) 366–5149. informed of these regulations through time is available to do so before they are SUPPLEMENTARY INFORMATION: District Local Notices to Mariners, press placed in effect or terminated. The Commanders and Captains of the Port releases, and other means. Moreover, safety zones, special local regulations (COTP) must be immediately responsive actual notification is provided by Coast and security zones listed in this notice to the safety needs of the waters within Guard patrol vessels enforcing the have been exempted from review under their jurisdiction; therefore, District restrictions imposed by the regulation. Executive Order 12866 because of their Commanders and COTPs have been Because mariners are notified by Coast emergency nature, or limited scope and delegated the authority to issue certain Guard officials on-scene prior to temporary effectiveness. local regulations. Safety zones may be enforcement action, Federal Register The following regulations were placed established for safety or environmental notice is not required to place the in effect temporarily during the period purposes. A safety zone may be special local regulation, security zone, January 1, 2001 and March 31, 2001, stationary and described by fixed limits or safety zone in effect. However, the unless otherwise indicated. This notice or it may be described as a zone around Coast Guard, by law, must publish in also includes 3 regulations that were not a vessel in motion. Security zones limit the Federal Register notice of received in time to be included on the access to vessels, ports, or waterfront substantive rules adopted. To meet this quarterly notices for the third and fourth facilities to prevent injury or damage. obligation without imposing undue quarters of 2000. Special local regulations are issued to expense on the public, the Coast Guard Dated: May 17, 2001. enhance the safety or participants and periodically publishes a list of these S.G. Venckus, spectators at regattas and other marine temporary special local regulations, Chief, Office of Regulations and events. Timely publication of these security zones, and safety zones. Administrative Law.
DISTRICT QUARTERLY REPORT
Effective District Docket Location Type date
01–00–003 ...... Boston, MA ...... Safety Zone ...... 01/05/2001 01–01–005 ...... Boston, MA ...... Safety Zone ...... 01/13/2001 01–01–006 ...... Newport, RI ...... Safety Zone ...... 03/03/2001 01–01–007 ...... Boston, MA ...... Safety Zone ...... 01/18/2001 01–01–012 ...... Bath Iron Works, Bath, ME ...... Safety Zone ...... 02/11/2001 01–01–027 ...... USS Boone Port Visit, Newport, RI ...... Security Zone ...... 02/23/2001 01–01–029 ...... Narragansett Bay, Newport, RI ...... Safety Zone ...... 03/29/2001 01–01–035 ...... Boston, MA ...... Safety Zone ...... 03/16/2001 01–01–039 ...... USS De Wert Port Visit, Newport, RI ...... Safety Zone ...... 03/19/2001 01–01–042 ...... Portland, ME ...... Security Zone ...... 03/23/2001 01–01–044 ...... Port of NY/NY ...... Safety Zone ...... 03/24/2001 05–01–002 ...... Washington, DC ...... Safety Zone ...... 01/18/2001 09–01–007 ...... Hennepin Bridge, Hennepin, IL ...... Safety Zone ...... 03/22/2001 09–01–016 ...... Manitowoc, WI ...... Safety Zone ...... 03/17/2001 13–01–001 ...... Quillayute River, WA ...... Safety Zone ...... 02/02/2001
COTP QUARTERLY REPORT
Effective COTP Docket Location Type Date
Charleston 01–010 ...... Charleston, SC ...... Safety Zone ...... 02/08/2001 Guam 01–001 ...... Outer APRA Harbor, Guam ...... Safety Zone ...... 01/24/2001 Guam 01–002 ...... North of Glass Breakwater, Guam ...... Safety Zone ...... 01/25/2001 Honolulu 01–002 ...... Hawaii, Kaiwi Channel, Pacific Ocean ...... Safety Zone ...... 02/24/2001 Honolulu 01–003 ...... Kaiwi, Hawaii ...... Security Zone ...... 03/20/2001 Honolulu 01–004 ...... Kawaii, Kaiwi Channel, Pacific Ocean ...... Safety Zone ...... 02/09/2001 Houston-Galveston 01–002 ..... Houston, TX ...... Safety Zone ...... 01/08/2001 Houston-Galveston 01–001 ..... Houston, TX ...... Safety Zone ...... 01/05/2001 Jacksonville 01–016 ...... Indian River, Cocoa, FL ...... Safety Zone ...... 02/24/2001 Jacksonville 01–018 ...... St. Johns River, Palatka, FL ...... Safety Zone ...... 03/03/2001 Jacksonville 01–021 ...... Cocoa Beach, FL ...... Safety Zone ...... 03/24/2001 LA/LB 01–001 ...... Queens Gate, Long Beach, CA ...... Safety Zone ...... 02/15/2001 Memphis 01–001 ...... Mississippi River, M. 727 to 729.5 ...... Safety Zone ...... 02/20/2001 Memphis 01–002 ...... Mississippi River, M. 532 to 525 ...... Safety Zone ...... 02/26/2001 Memphis 01–003 ...... Mississippi River, M. 532 to 525 ...... Safety Zone ...... 03/01/2001 Memphis 01–004 ...... Mississippi River, M. 555 to 550 ...... Safety Zone ...... 03/03/2001 Mobile 01–003 ...... Mobile River at Pier 3 AND 4 ...... Security Zone ...... 02/02/2001 Mobile 01–004 ...... Port of Gulfport, MS ...... Security Zone ...... 02/03/2001 New Orleans 01–002 ...... LWR Mississippi River, M 95 to 98 ...... Safety Zone ...... 02/14/2001 New Orleans 01–004 ...... LWR Mississippi River, M 95.5 ...... Security Zone ...... 02/21/2001
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COTP QUARTERLY REPORT—Continued
Effective COTP Docket Location Type Date
New Orleans 01–005 ...... LWR Mississippi River, M 95 to 96 ...... Safety Zone ...... 02/26/2001 New Orleans 01–006 ...... LWR Mississippi River, M 94 to 96 ...... Safety Zone ...... 03/11/2001 New Orleans 01–007 ...... LWR Mississippi River, M 94 to 96 ...... Safety Zone ...... 03/15/2001 San Diego 01–001 ...... Lake Havasu, Colorado River, AZ ...... Safety Zone ...... 03/03/2001 San Juan 01–006 ...... Guayanilla, Puerto Rico ...... Safety Zone ...... 02/05/2001 Savannah 01–022 ...... Savannah, GA ...... Security Zone ...... 03/14/2001 Savannah ...... Savannah, GA ...... Security Zone ...... 03/19/2001 Tampa 01–004 ...... Tampa Bay, FL ...... Safety Zone ...... 01/20/2001 Wilmington 01–001 ...... Wilmington, North Carolina ...... Safety Zone ...... 03/27/2001
REGULATIONS NOT ON PREVIOUS 3RD AND 4TH QUARTERLY REPORT
Effective District/COTP Location Type Date
Guam 00–31 ...... Kilo Wharf, APRA Harbor Guam ...... Safety Zone ...... 09/18/00 Guam 00–034 ...... Agat Bay, Guam ...... Safety Zone ...... 12/12/00 New Orleans 00–039 ...... LWR Mississippi ...... Safety Zone ...... 11/30/00
[FR Doc. 01–12976 Filed 4–22–01; 8:45 am] East Providence, Rhode Island between other than those approved by the BILLING CODE 4910–15–M the hours of 8 a.m. and 3 p.m., Monday Captain of the Port or his authorized through Friday, except Federal holidays. patrol representative will be prohibited FOR FURTHER INFORMATION CONTACT: LT from the zones. The zones encompass DEPARTMENT OF TRANSPORTATION Casey L. Chmielewski at Marine Safety the area within a line drawn from the western most edge of the chartered Coast Guard Office Providence, (401) 435–2335. SUPPLEMENTARY INFORMATION: breakwater to the western most edge of Pier 1. The public will be made aware 33 CFR Part 165 Regulatory Information of the safety and security zones through [CGD01–01–063] Pursuant to 5 U.S.C. 553, a notice of a Broadcast Notice to Mariners made from U.S. Coast Guard Group Woods RIN 2115–AA97 proposed rulemaking (NPRM) was not published for this regulation. Good Hole. U.S. Navy personnel will assist in Safety and Security Zones: USS cause exists for making it effective less the enforcement of these zones. Samuel Eliot Morison Port Visit, than 30 days after Federal Register Regulatory Evaluation Newport, RI publication. Good cause exists for not publishing a NPRM for this regulation. This rule is not a significant AGENCY: Coast Guard, DOT. Due to the sensitive and unpredictable regulatory action under section 3(f) of ACTION: Temporary final rule. nature of the USS SAMUEL ELIOT Executive Order 12866 and does not MORISON’s schedule, the Coast Guard require an assessment of potential costs SUMMARY: The Coast Guard is received insufficient notice to publish and benefits under section 6(a)(3) of that establishing temporary safety and proposed rules in advance of the event. order. The Office of Management and security zones off the coast of Newport Any delay encountered in this Budget has not reviewed it under that Naval Station, Newport, Rhode Island, regulation’s effective date would be order. It is not significant under the during the port visit of the USS contrary to public interest since regulatory policies and procedures of SAMUEL ELIOT MORISON to the immediate action is needed to protect the Department of Transportation (DOT) Newport Naval Station, Newport, Rhode the USS SAMUEL ELIOT MORISON, (44 FR 11040; February 26, 1979). The Island. The safety and security zone are her crew, the public and the area sizes of the zones are the minimum needed to safeguard the public, the area adjoining Coddington Cove. necessary to provide adequate encompassing Coddington Cove and the protection for the USS SAMUEL ELIOT USS SAMUEL ELIOT MORISON and Background and Purpose MORISON, her crew, adjoining areas, her crew from sabotage or other From May 21, 2001, to May 25, 2001, and the public. The entities most likely subversive acts, accidents, or other the USS SAMUEL ELIOT MORISON to be affected are lobstermen engaged in causes of a similar nature. Entry into will be berthed at Pier 2 on the Newport setting and retrieving pots and pleasure these zones is prohibited unless Naval Station, Newport, RI. Pier 2 is craft engaged in recreational activities authorized by the Captain of the Port, located within Coddington Cove, along and sightseeing. These individuals and Providence, Rhode Island or his the East Passage of Narragansett Bay. vessels have ample space outside of the authorized patrol representative. The safety and security zones are safety and security zones to engage in DATES: This rule is effective from 6 a.m., needed to protect the USS SAMUEL these activities and therefore they will Monday, May 21, 2001, to 12 midnight ELIOT MORISON, her crew and the not be subject to undue hardship. on Friday, May 25, 2001. public from harmful or subversive acts, Commercial vessels, excluding ADDRESSES: Documents as indicated in accidents or other causes of a similar lobstermen, do not normally transit the this preamble are available for nature in the vicinity of Coddington area of the safety and security zones. inspection and copying at Marine Safety Cove. The safety and security zones Any lobstermen who have gear Office Providence, 20 Risho Avenue, have identical boundaries. All persons, deployed within the safety and security
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zones, may request permission from the Ombudsman and the Regional Small between the Federal Government and COTP or his authorized patrol Business Regulatory Fairness Boards. Indian tribes, or on the distribution of representative to enter the zones to The Ombudsman evaluates these power and responsibilities between the retrieve their gear. Any hardships actions annually and rates each agency’s Federal Government and Indian tribes. experienced by persons or vessels are responsiveness to small business. If you Environment considered minimal compared to the wish to comments on actions by national interest in protecting the USS employees of the Coast Guard, call 1– The Coast Guard considered the SAMUEL ELIOT MORISON and the 888–REG–FAIR (1–888–734–3247). environmental impact of these public. regulations and concluded that under Collection of Information Figure 2–1, paragraph 34(g) of Small Entities This rule calls for no collection of Commandant Instruction M16475.1C, Under the Regulatory Flexibility Act information requirements under the this rule is categorically excluded from (5 U.S.C. 601 et seq.), we considered Paperwork Reduction Act (44 U.S.C. further environmental documentation. whether this proposal will have a 3501 et seq.). A written Categorical Exclusion significant economic impact on a Determination is available in the docket Federalism substantial number of small entities. for inspection or copying where The term ‘‘small entities’’ comprises We have analyzed this action under indicated under ADDRESSES. small businesses and not-for-profit Executive Order 13132, and have organizations that are independently determined that this rule does not have List of Subjects in 33 CFR Part 165 owned and operated and are not federalism implications under that Harbors, Marine safety, Navigation dominant in their fields and order. (water), Reporting and recordkeeping governmental jurisdictions with Unfunded Mandates requirements, Security measures, populations of less than 50,000. The Waterways. Coast Guard certifies under section The Unfunded Mandates Reform Act For the reasons set out in the 605(b) of the Regulatory Flexibility Act of 1995 (2 U.S.C. 1531–1538) governs preamble, the Coast Guard amends 33 (5 U.S.C. 601 et seq.) that this final rule the issuance of Federal regulations that CFR Part 165 as follows: will not have a significant economic require unfunded mandates. An 1. The authority citation for Part 165 impact on a substantial number of small unfunded mandate is a regulation that continues to read as follows: entities. This rule will affect the requires a State, local, or tribal following entities, some of which may government or the private sector to Authority: 33 U.S.C. 1231; 50 U.S.C. 191; be small entities: the owners or incur direct costs without the Federal 33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5; operators of vessels intending to transit Government’s having first provided the 49 CFR 1.46. into Coddington Cove from May 21, funds to pay those unfunded mandate 2. Add temporary § 165.T01–063 to 2001 to May 25, 2001. The safety and costs. This rule will not impose an read as follows: security zones will not have a unfunded mandate. significant economic impact on a § 165.T01–063 Safety and Security Zones: Taking Of Private Property USS SAMUEL ELIOT MORISON Port Visit; substantial number of small entities for Newport, RI. the following reasons. Vessel traffic can This rule will not effect a taking of pass safely around the area and only a private property or otherwise have (a) Location. The following area has small number of commercial fishing taking implications under Executive been declared both a safety zone and a vessels operate in the area. Vessels Order 12630, Governmental Actions and security zone: From a point beginning on land at Latitude 41 degrees 32′13″ N, engaged in recreational activities, Interference with Constitutionally ′ ″ sightseeing and commercial fishing have Protected Property Rights. Longitude 071 degrees 18 43 W; thence ample space outside of the safety and westward along the breakwater to a security zones to engage in these Civil Justice Reform point on the breakwater at Latitude 41 ′ ″ activities. Before the effective period, degrees 31 58 N, Longitude 071 degrees This rule meets applicable standards ′ ″ we will issue maritime advisories in sections 3(a) and 3(b)(2) of Executive 19 28 W; thence southeasterly 1100 widely available to users of the area. yards to a point on the end of Pier 1 at Order 12988, Civil Justice Reform, to ′ ″ minimize litigation, eliminate Latitude 41 degrees 31 38 N, Longitude Assistance for Small Entities ′ ″ ambiguity, and reduce burden. 071 degrees 19 06 W; thence east to a Under subsection 213(a) of the Small point on land at Latitude 41 degrees Business Regulatory Enforcement Protection of Children 31′43″ N, Longitude 071 degrees 18′47″ Fairness Act of 1996 (Public Law 104– We have analyzed this rule under W; thence north along the shoreline to 121), the Coast Guard wants to assist Executive Order 13045, Protection of the beginning point. small entities in understanding this Children from Environmental Health (b) Effective date. This rule is effective final rule so that they can better Risks and Safety Risks. This rule is not from 6 a.m. on Monday May 21, 2001, evaluate its effects on them and an economically significant rule and until 12 midnight on Friday, May 25, participate in the rulemaking. If your does not concern an environmental risk 2001. small business or organization would be to health or risk to safety that may (c) Regulations. affected by this final rule and you have disproportionately affect children. (1) In accordance with the general questions concerning its provisions or regulations in §§ 165.23 and 165.33 of options for compliance, please call LT Indian Tribal Governments this part, entry into or movement within Casey Chmielewski, telephone (401) This rule does not have tribal these zones is prohibited unless 435–2335. Small businesses may send implications under Executive Order authorized by the COTP Providence or comments on the actions of Federal 13175, Consultation and Coordination his authorized patrol representative. employees who enforce, or otherwise with Indian Tribal Governments. A rule (2) No person may swim upon or determine compliance with, Federal with tribal implications has a below the surface of the water within regulations to the Small Business and substantial direct effect on one or more the boundaries of the safety and security Agriculture Regulatory Enforcement Indian tribe, on the relationship zones.
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(3) All persons and vessels shall Marine Safety Office Chicago, 215 W. Captain of the Port or the designated on comply with the instructions of the 83rd Street, Burr Ridge, Illinois 60521. scene patrol personnel. Entry into, COTP, the designated on-scene U.S. The telephone number is (630) 986– transiting, or anchoring within the Coast Guard or Navy patrol personnel. 2175. safety zone is prohibited unless U.S. Coast Guard patrol personnel SUPPLEMENTARY INFORMATION: authorized by the Captain of the Port include commissioned, warrant, and Chicago or his designated on scene petty officers of the U.S. Coast Guard. Regulatory Information representative. The Captain of the Port Navy patrol personnel include We did not publish a notice of or his designated on scene commissioned, warrant, and petty proposed rulemaking (NPRM) for this representative may be contacted via officers of the U.S. Navy. regulation. Under 5 U.S.C. 553(b)(B), the VHF Channel 16. (4) The general regulations covering Coast Guard finds that good cause exists Regulatory Evaluation safety and security zones in §§ 165.23 for not publishing an NPRM, and under and 165.33, respectively, of this part 5 U.S.C. 553(d)(3), good cause exists for This rule is not a ‘‘significant apply. making this rule effective less than 30 regulatory action’’ under section 3(f) of days after publication in the Federal Executive Order 12866 and does not Dated: May 10, 2001. require an assessment of potential costs Mark G. VanHaverbeke, Register. The permit application was not received in time to publish an and benefits under section 6(a)(3) of that Captain, U.S. Coast Guard, Captain of the order. The Office of Management and Port. NPRM followed by a final rule before the necessary effective date. Delaying Budget has not reviewed this rule under [FR Doc. 01–12977 Filed 5–22–01; 8:45 am] this rule would be contrary to the public that order. It is not significant under the BILLING CODE 4910–15–U interest of ensuring the safety of regulatory policies and procedures of spectators and vessels during this event the Department of Transportation (DOT) (44 FR 11040, February 26, 1979). We DEPARTMENT OF TRANSPORTATION and immediate action is necessary to prevent possible loss of life or property. expect the economic impact of this rule to be so minimal that a full Regulatory Coast Guard The Coast Guard has not received any complaints or negative comments Evaluation under paragraph 10(e) of the regulatory policies and procedures of 33 CFR Part 165 previously with regard to this event. DOT is unnecessary. [CGD09–01–026] Background and Purpose This determination is based on the A temporary safety zone is necessary minimal time that vessels will be RIN 2115–AA97 to ensure the safety of vessels and restricted from the zone, and the zone Safety Zone: Chicago Harbor, Chicago, spectators from the hazards associated is in an area where the Coast Guard IL with fireworks displays. Based on recent expects insignificant adverse impact to accidents that have occurred in other mariners from the zones’ activation. AGENCY: Captain of the Port zones, and the Coast Guard, DOT. Small Entities ACTION: Temporary Final Rule. explosive hazard of fireworks, the Captain of the Port Chicago has Under the Regulatory Flexibility Act SUMMARY: The Coast Guard is determined firework launches in close (5 U.S.C. 601–612), we have considered establishing a temporary safety zone for proximity to watercraft pose significant whether this rule would have a the WXRT fireworks display taking risks to public safety and property. The significant impact on a substantial place in the Chicago Harbor over likely combination of large numbers of number of small entities. The term Memorial Day weekend. The safety zone recreational vessels, congested ‘‘small entities’’ comprises small is necessary for the protection and waterways, darkness punctuated by businesses, not-for-profit organizations safety of passengers and vessels during bright flashes of light, alcohol use, and that are independently owned and the fireworks display. The safety zone is debris falling into the water could easily operated and are not dominant in their intended to restrict vessel traffic from an result in serious injuries or fatalities. fields, and governmental jurisdictions area of the Chicago Harbor and, in Establishing a safety zone to control with populations of less than 50,000. particular, the Monroe Street Harbor vessel movement around the location of The Coast Guard certifies under 5 area. During this event, vessels will be the launch platforms will help ensure U.S.C. 605(b) that this rule would not unable to enter or exit the Monroe Street the safety of person and property at have a significant economic impact on Harbor. these events and help minimize the a substantial number of small entities. This rule would affect the following DATES: This temporary final rule is associated risk. entities, some of which might be small effective from 9 p.m. until 10 p.m. on The safety zone will encompass the entities: The owners or operators of May 26, 2001 and May 27, 2001. waters of the Chicago Harbor bounded by the following positions: starting at commercial vessels intending to transit ADDRESSES: Comments and material 41°52.43 N, 087°36.43 W, thence East to a portion of an activated safety zone. received from the public, as well as 41°52.43 N, 087°36.16 W, thence South This safety zone will not have a documents indicated in this preamble as to 41°52.28 N, 087°36.16 W, thence significant economic impact on a being available in the docket, are part of West to 41°52.28 N, 087°36.43 W, substantial number of small entities for docket CGD09–01–026 and are available thence North back to the first position. the following reasons: The zone is only for inspection or copying at: U.S. Coast This area includes a portion of the in effect for few hours on the day of the Guard Marine Safety Office Chicago, Monroe Street Harbor including the event. Vessel traffic can safely pass 215 W. 83rd Street, Suite D, Burr Ridge, Grant Park anchorage areas (33 CFR outside the safety zone during the event. Illinois and are available for inspection 110.83), the entrance to the Monroe Traffic may be allowed to pass through or copying between 9:30 a.m. and 4 Street Harbor, as well as a portion the safety zone under Coast Guard p.m., Monday through Friday, except outside the breakwall for the Monroe escort with the permission of the Federal holidays. Street Harbor. Captain of the Port Chicago. Before the FOR FURTHER INFORMATION CONTACT: All persons and vessels shall comply effective period, we will issue maritime MST2 Mike Hogan, U.S. Coast Guard with the instructions of the Coast Guard advisories widely available to users of
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the Port of Chicago by the Ninth Coast Government’s having first provided the PART 165—REGULATED NAVIGATION Guard District Local Notice to Mariners, funds to pay those costs. This rule AREAS AND LIMITED ACCESS AREAS Marine information broadcasts, and would not impose an unfunded 1. The authority citation for Part 165 facsimile broadcasts may also be made. mandate. Additionally, the Coast Guard has not continues to read as follows: received any negative reports from small Taking of Private Property Authority: 33 U.S.C. 1231; 50 U.S.C. 191, entities affected during this display in 33 CFR 1.05–1(g), 6.04–1, 6.04–6 and 160.5; This rule would not effect a taking of 49 CFR 1.46. previous years. private property or otherwise have If you think that your business, taking implications under Executive 2. A new temporary section 165.T09– organization, or governmental Order 12630, Governmental Actions and 013 is added to read as follows: jurisdiction qualifies as a small entity Interference with Constitutionally and that this rule would have a § 165.T09–013 Safety Zone: Chicago Protected Property Rights. significant economic impact on it, Harbor, Chicago, Illinois. please submit a comment (see Civil Justice Reform (a) Location. The safety zone will ADDRESSES) explaining why you think it encompass the waters of the Chicago qualifies and how and to what degree This rule meets applicable standards Harbor, including a portion of the this rule would economically affect it. in sections 3(a) and 3(b) (2) of Executive Monroe Street Harbor and the entrance Order 12988, Civil Justice Reform, to to the Monroe Street Harbor, bounded Assistance for Small Entities minimize litigation, eliminate by the following positions: starting at Under section 213(a) of the Small ambiguity, and reduce burden. 41°52.43 N, 087°36.43 W, thence East to Business Regulatory Enforcement 41°52.43 N, 087°36.16 W, thence South Fairness Act of 1996 (Public Law 104– Protection of Children to 41°52.28 N, 087°36.16 W, thence West to 41°52.28 N, 087°36.43 W, 121), we want to assist small entities in The Coast Guard has analyzed this thence North back to the first position. understanding this rule so that they can rule under Executive Order 13045, better evaluate its effects and participate (b) Effective time and date. This Protection of Children from section is effective from 9 p.m. (local in the rulemaking process. If the rule Environmental Health Risks and Safety would affect your small business, time) until 10 p.m. (local time) on May Risks. This rule is not an economically organization, or governmental 26, 2001. In the event the fireworks significant rule and does not concern an jurisdiction and you have questions display is cancelled due to inclement environmental risk to health or risk to concerning its provisions or options for weather, this section is effective during safety that may disproportionately affect compliance, please contact Marine these same times on May 27, 2001. The children. Safety Office Chicago (see ADDRESSES.) Coast Guard Captain of the Port, Small businesses may send comments Environment Chicago, and the designated Patrol on the actions of Federal employees Commander have the authority to who enforce, or otherwise determine We have considered the terminate this event at any time. The compliance with, Federal regulations to environmental impact of this rule and designated on scene Patrol Commander the Small Business and Agriculture concluded that, under figure 2–1, may be contacted via VHF Channel 16. Regulatory Enforcement Ombudsman paragraph 32(g) of Commandant (c) Regulations. In accordance with and the Regional Small Business Instruction M16475.1C, this rule is the general regulations in 165.23 of this Regulatory Fairness Boards. The categorically excluded from further part, entry into this zone is prohibited Ombudsman evaluates these actions environmental documentation. A unless authorized by the Coast Guard annually and rates each agency’s written categorical exclusion Captain of the Port Chicago, or his responsiveness to small business. If you determination is available in the docket designated on scene representative. wish to comment on actions by for inspection or copying where Dated: May 11, 2001. employees of the Coast Guard, call 1– indicated under ADDRESSES. R.E. Seebald, 888–REG–FAIR (1–888–734–3247). Captain, U.S. Coast Guard, Captain of the Indian Tribal Governments Port Chicago. Collection of Information This rule does not have tribal [FR Doc. 01–12978 Filed 5–22–01; 8:45 am] This rule would call for no new BILLING CODE 4910–15–P collection of information under the implications under Executive Order Paperwork Reduction Act of 1995 (44 13175, Consultation and Coordination U.S.C. 3501–3520). with Indian Tribal Governments, because it does not have a substantial ENVIRONMENTAL PROTECTION Federalism direct effect on one or more Indian AGENCY We have analyzed this rule under tribes, on the relationship between the 40 CFR Part 62 Executive Order 13132 and have Federal Government and Indian tribes, determined that this rule does not have or on the distribution of power and [WV–042–6011a ; FRL–6983–6] implications for federalism under that responsibilities between the Federal Approval and Promulgation of State Order. Government and Indian tribes. Plans for Designated Facilities and Unfunded Mandates Reform Act List of Subjects in 33 CFR Part 165 Pollutants; State of West Virginia; The Unfunded Mandates Reform Act Control of Emissions from Existing Harbors, Marine safety, Navigation Municipal Solid Waste Landfills of 1995 (2 U.S.C. 1531–1538) governs (water), Reporting and record keeping the issuance of Federal regulations that requirements, Security measures, AGENCY: Environmental Protection require unfunded mandates. An Waterways. Agency (EPA). unfunded mandate is a regulation that ACTION: Direct final rule. requires a state, local, or tribal For the reasons discussed in the government or the private sector to preamble, the Coast Guard amends 33 SUMMARY: This action approves the incur direct costs without the Federal CFR Part 165 as follows: municipal solid waste (MSW) landfill
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111(d) plan submitted by the State of III. Requirements for Affected MSW Landfill applicable to existing municipal solid West Virginia, Division of Owners/Operators Must Meet waste (MSW) landfills (i.e., the Environmental Protection (DEP), for the How do I determine if my MSW landfill is designated facilities) that emit landfill purpose of controlling landfill gas subject to the WV 111(d) plan? gas (LFG). LFG consists primarily of emissions from existing landfills. Also, What general requirements must I meet as an carbon dioxide, methane, and this action delegates EPA authority to affected landfill owner/operator who is nonmethane organic compounds enforce the Federal landfill 111(d) subject to the EPA approved WV plan? (NMOC). MSW landfills are the largest plan’s compliance schedules. The plan If my landfill is subject to the plan’s manmade source of methane emissions requirement for installation of a LFG was submitted to fulfill requirements of collection and control system, what in the United States. The designated the Clean Air Act (CAA). The West emissions limits must I meet, and in what pollutant, NMOC, is a mixture of more Virginia (WV) plan establishes emission time frame? than 100 different compounds, limits for existing MSW landfills, and Are there any operational requirements for including volatile organic compounds provides for the implementation and my installed LFG collection and control (VOC), and hazardous pollutants (HAP), enforcement of those limits. Except as system? such as vinyl chloride, toluene, and noted, herein, upon the effective date of What are the testing, monitoring, benzene. A collateral benefit in the this rule approving West Virginia’s recordkeeping, and reporting requirements control of landfill NMOC is the control 111(d) plan for landfills, the Federal for my landfill? of methane. plan promulgated on November 8, 1999, Am I required to apply for a Title V permit? Question: What are the expected If I modify or expand the capacity of my environmental and public health will no longer apply in West Virginia. landfill, what additional requirements DATES: This final rule is effective July must I meet? benefits from controlling Landfill Gas 23, 2001 unless within June 22, 2001 emissions? IV. Final EPA Action adverse or critical comments are Answer: Studies indicate that MSW received. If adverse comment is V. Administrative Requirements landfill gas (LFG) emissions at certain levels can have adverse effects on both received, EPA will publish a timely I. General Provisions withdrawal of the direct final rule in the public health and welfare. EPA Federal Register and inform the public Question: What action is EPA presented its concerns regarding the that the rule will not take effect. approving? health and welfare effects of landfill gases in the preamble to the MSW ADDRESSES: Comments may be mailed to Answer: EPA is approving the State of landfill regulations (61 FR 9905). As David L. Arnold, Chief, Air Quality West Virginia (WV) landfill 111(d) plan, noted above, MSW landfills emit NMOC Planning and Information Services as submitted by the WV Division of that contains HAP, and VOC, including Branch, Mailcode 3AP21, Environmental Protection (DEP), Office of Air Quality, on May 29, 1998, and as odorous compounds. Exposure to HAP Environmental Protection Agency, can lead to cancer, respiratory irritation, Region III, 1650 Arch Street, amended on May 15, 2000, and December 20, 2000. Also, EPA is and damage to the nervous system. VOC Philadelphia, Pennsylvania 19103. emissions contribute to the formation of Copies of the documents relevant to this approving the requested delegation of the November 8, 1999 promulgated ozone which can result in adverse action are available for public affects on human health and vegetation. inspection during normal business Federal landfill 111(d) plan (64 FR 60689) generic compliance schedule, Methane contributes to global climate hours at the following locations: Air change and can also result in fires or Protection Division, Environmental including the requirements for the initial design capacity and non-methane explosions, if the gas accumulates in Protection Agency, Region III, 1650 physical structures on or off the landfill Arch Street, Philadelphia, Pennsylvania; organic compound (NMOC) emissions reports. EPA is publishing this approval site. The WV 111(d) plan will serve to and the West Virginia Division of significantly reduce these potential Environmental Protection, Office of Air action without prior proposal because we view this as a noncontroversial problems associated with LFG Quality, 7012 MacCorkle Avenue, South emissions. East, Charleston, West Virginia 25304– action and anticipate no adverse 2943. comments. II. Federal Requirements the West FOR FURTHER INFORMATION CONTACT: Question: What is a State 111(d) plan? Virginia DEP’s 111(d) Plan Must Meet James B. Topsale at (215) 814–2190, or Answer: Section 111(d) of the Clean for Approval by e-mail at [email protected]. Air Act (CAA) requires that Question: What general EPA SUPPLEMENTARY INFORMATION: ‘‘designated’’ pollutants, controlled requirements must the West Virginia under section 111(b) standards of DEP meet to receive approval of the WV This document is divided into Sections I— performance for new stationary sources, V, and answers the questions posed below. 111(d) plan ( the ‘‘plan’’)? must also be controlled at existing Answer: EPA promulgated detailed I. General Provisions sources (i.e., designated facilities) in the procedures for submitting and What action is EPA approving? same source category. Furthermore, approving State plans in 40 CFR part 60, What is a State 111(d) plan? section 111(d) requires EPA to establish subpart B. Also, EPA promulgated the What pollutant(s) will this action control? procedures for state submittal and EPA MSW landfill EG (subpart Cc) and a What are the expected environmental and approval of state plans that implement related NSPS (subpart WWW) on March public health benefits from controlling state adopted emissions guidelines (EG), landfill gas (LFG) emissions? 12, 1996, and amended them both on promulgated by EPA, for the control of June 16, 1998 and February 24, 1999. II. Federal Requirements the West Virginia designated pollutants and facilities. The West Virginia plan must meet the DEP 111(d) Plan Must Meet for Approval State 111(d) plans, approved by EPA, requirements of (1) 40 CFR part 60, What general EPA requirements must the implement and provide for federal subpart Cc, §§ 60.30c through 60.36c, DEP meet to receive approval of its landfill enforcement of the EG requirements. and the related subpart WWW; and (2) 111(d) plan? What does the West Virginia State Plan Question: What pollutant(s) will this 40 CFR part 60, subpart B, §§ 60.23 contain? action control? through 26. In addition, a State Does the West Virginia plan meet all EPA Answer: The promulgated March 12, requesting delegation of authority under requirements for approval? 1996 EPA EG (61 FR 9919) are the Federal 111(d) plan must
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demonstrate that it has adequate 4. Emission collection and control regarding the approvability of plan resources and the legal authority to requirements that are no less stringent elements are included in the technical administer and enforce the program. than those in subpart Cc; support document (TSD) associated The DEP has made the required 5. A description of the West Virginia with this action. A copy of the TSD is demonstration with respect to the process for the review and approval of available, upon request, from the EPA delegated tasks. site-specific gas collection and control Regional Office listed in the ADDRESSES States were required to submit their design plans section of this document. MSW landfill 111(d) plans to EPA on 6. A source compliance schedule that III. Requirements Affected MSW December 12, 1996, pursuant to the requires final compliance no later than Landfill Owners/Operators Must Meet provisions of section 111(d) of the CAA that required in EPA’s November 8, and 40 CFR part 60, subpart B, and the 1999 Federal 111(d) plan (64 FR 60703); Question: How do I determine if my promulgated MSW landfill EG. As a 7. Source testing, monitoring, MSW landfill is subject to the WV result of litigation over the landfill rule, recordkeeping, and reporting 111(d) plan? on November 13, 1997, EPA issued a requirements; Answer: If you commenced notice of proposed settlement in 8. Records of the public hearings on construction, reconstruction, or National Solid Wastes Management the State Plan; and modification of your MSW landfill Association v. Browner, et al., No. 96– 9. Provision for State submittal to EPA before May 30, 1991, and have accepted 1152 (D.C. Cir), in accordance with of annual reports on progress in plan waste at any time since November 8, section 113(g) of the Act. See 62 FR enforcement. 1987, or the landfill has additional 60898. Pursuant to the proposed On May 29, 1998, the DEP submitted capacity for future waste deposition, settlement agreement, EPA published, the WV 111(d) plan that identifies then it is subject to the 111(d) plan in the Federal Register, a direct final existing MSW landfills in the State of requirements. rulemaking on June 16, 1998, in which West Virginia and establishes standards Question: What general requirements EPA amended 40 CFR part 60, subparts for the control of landfill gas emissions must I meet as an affected landfill Cc and WWW, to add clarifying from these facilities. The plan is owner/operator who is subject to the language, to make editorial entitled: ‘‘West Virginia Division of EPA approved WV plan? amendments, and to correct Environmental Protection Office of Air Answer: The plan requires you to typographical errors. The proposed Quality State Plan for Municipal Solid submit an initial design capacity report, settlement did not vacate or void the Waste (MSW) Landfills’’. The State has and possibly a NMOC emissions rate March 12, 1996 MSW landfill EG or adopted 40 CFR part 60, subparts Cc report. If the design capacity of your NSPS. See 63 FR 32743–32753, 32783– and WWW, as amended, by reference, landfill is equal to or greater than 2.5 32784. In part, these amendments such that they apply to both new and million megagrams and 2.5 million clarified the EG regulatory text with existing municipal solid waste (MSW) cubic meters of MSW, the plan requires respect to landfill mass and volume landfills under one regulation. The you to also submit, concurrently with applicability and Title V permit adoption of this regulation is the design capacity report, an initial requirements. On February 24, 1999 (64 incorporated into the State of West NMOC emissions rate report. As FR 9258), EPA amended the MSW Virginia ‘‘Title 45 Legislative Rule required under 40 CFR 62.14355(a) of landfill rule to further clarify the Division of Environmental Protection the Federal landfill 111(d) plan, both regulatory text and correct errors with Office of Air Quality’’ in Series 23 to the initial capacity and NMOC respect to the due date for the submittal Prevent and Control Emissions from emissions rate reports were due April 6, of the initial landfill design capacity Municipal Solid Waste Landfills. 2000. The initial NMOC and any and emissions rate reports, and the On May 1, 1998, the DEP MSW subsequent emissions rate definition of landfill ‘‘modification’’. In landfill regulation 45CSR23 became determinations are required to be summary, these amendments relate to effective. In response to the amended calculated according to methods four substantive EG changes: (1) Landfill EG and NSPS requirements, the specified in the regulation. If your mass ‘‘and ‘‘ volume applicability regulation was amended, and became calculated landfill NMOC emissions rate threshold language, (2) timely Title V effective on May 1, 2000. 45CFR23 were 50 megagrams/year, or more per permit applications, (3) the definition of applies to existing MSW landfills and year, then you are required to install a landfill ‘‘modification’’, and (4) the due incorporates by reference (IBR) related MSW landfill gas collection and control date for submittal of initial design and applicable new source performance system that meets the design and capacity and NMOC emissions rate standards, subpart WWW, requirements. operational requirements specified in reports. Additional technical corrections Also the amended plan, submitted to 45CSR 23–3 and 3.3, which incorporates to the NSPS were published on April EPA on May 15, 2000, contains a by reference all related and applicable 10, 2000 (65 FR 18906). request for delegation of EPA’s NSPS, Subpart WWW, requirements at Question: What does the West November 8, 1999 Federal landfill 40 CFR 60.759 and 753. Virginia State Plan contain? 111(d) plan (i.e., 40 CFR part 60, subpart Question: If my landfill is subject to Answer: Consistent with the GGG) compliance schedule the plan’s requirement for installation of requirements of subparts B and Cc, as requirements. In a December 20, 2000 a LFG collection and control system, amended, the West Virginia Plan letter to EPA, the DEP clarified that its what emissions limits must I meet, and contains the following: delegation request included the Federal in what time frame? 1. A demonstration of the State’s legal plan’s initial design capacity and NMOC Answer: You must install a landfill authority to implement the section emission rate reporting requirements. gas collection and control system to 111(d) State Plan; Question: Does the West Virginia plan reduce the collected NMOC emissions 2. West Virginia Rule 45CSR23, as the meet all EPA requirements for approval? by 98 weight-percent, or reduce the enforceable mechanism; Answer: Yes. The DEP has submitted emissions from the control device to a 3. A source inventory of known a 111(d) plan that conforms to all EPA concentration of 20 parts per million by designated facilities, including NMOC requirements under 40 CFR part 60, volume, or less, for an enclosed emissions rate estimates; subparts B, Cc, and WWW. Details combustor. Your final compliance date
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and the related increments of progress megagrams per year (Mg/yr). Based on increments of progress, except as are dependent upon when your annual the Federal plan requirements at 40 CFR provided in 40 CFR 62.14356(d): emissions rate report initially shows 62.14356(c), you must meet the that NMOC emissions are ≥ 50 following compliance schedule and
DELEGATED COMPLIANCE SCHEDULE AND INCREMENTS OF PROGRESS
Compliance date(s) Increment(s) 4/6/00 annual report showing NMOC 1st subsequent annual report showing NMOC emissions ≥50 Mg/yr emissions ≥50 Mg/yr.
Submit final control plan ...... April 6, 2001 ...... 1 year after report. Award Contracts ...... December 6, 2001 ...... 20 months after report. Begin on-site construction ...... April 6, 2002 ...... 24 months after report. Complete on-site construction ...... October 6, 2002 ...... 30 months after report. Final compliance ...... October 6, 2002 ...... 30 months after report.
Question: Are there any operation secured in a closed position. Monthly IV. Final EPA Action requirements for my installed LFG monitoring requirements are specified Based upon the rationale discussed, collection and control system? in the regulation for the gas collection herein, and in further detail in the TSD Answer: Yes, there are operational system. Gas wellhead monitored associated with this action, EPA is requirements. The operational parameters include gauge pressure, approving the West Virginia MSW requirements are summarized below: nitrogen or oxygen concentration, and 1. Operate the collection system landfill 111(d) plan, including the temperature. Quarterly monitoring is delegation of the Federal plan’s wellheads at negative pressure; required of NMOC surface 2. Operate the interior collection compliance schedule and initial concentrations. reporting requirements. Except as noted, wellheads with a landfill gas Reporting requirements relate to temperature less than 550°C and with herein, upon the effective date of this landfill design capacity and NMOC rule approving West Virginia’s 111(d) either a nitrogen level less than 20 emission rates; submittal of a collection percent, or an oxygen level less than 5 plan for landfills, the Federal plan and control system design plan; and promulgated on November 8, 1999, will percent; system start-up, performance testing, 3. Operate the collection system so no longer apply in West Virginia. As operations, closure notification, and provided by 40 CFR 60.28(c), any that the methane gas concentration is equipment removal. less than 500 parts per million by revisions to the WV section 111(d) plan Records must be keep on-site of or associated regulations will not be volume above background at the surface maximum design capacity, current of the landfill; considered part of the applicable plan amount of solid waste in-place, year-by- until submitted by the DEP in 4. Operate the collection system so year waste acceptance rate; up-to-date that the colleted gases are vented to the accordance with 40 CFR 60.28(a) or (b), readily accessible records for the life of as applicable, and until approved by control system; and the control equipment of certain data 5. Operate the collection and control EPA in accordance with 40 CFR part 60, measured during the initial performance subpart B, requirements. system at all times. test or compliance determination; and Details regarding all operational EPA is publishing this action without control device vendor specifications requirements are stipulated in Subpart prior proposal because the Agency until removal. WWW, 40 CFR 60.753 views this as a noncontroversial Details regarding testing, monitoring, Question: What are the testing, amendment and anticipates no adverse recordkeeping, and reporting comments. However, in the proposed monitoring, recordkeeping, and requirements are stipulated in subpart reporting requirements for my landfill? rules section of this Federal Register WWW, 40 CFR 60.754, 60.755, 60.756, publication, EPA is publishing a Answer: Your testing, monitoring, and 60.757. recordkeeping, and reporting separate document that will serve as the requirements are summarized below: Question: Am I required to apply for proposal to approve the 111(d) plan Performance testing, to determine a Title V permit? should relevant adverse or critical compliance with 98 weight-percent Answer: Yes, if your landfill design comments be filed. This rule will be efficiency or the 20 ppmv outlet capacity is equal to or greater than 2.5 effective July 23, 2001 without further concentration level, must be completed million Mg and 2.5 million cubic notice unless the Agency receives within 180 days after construction meters. As provided under the delegated relevant adverse comments by June 22, completion on the collection and provisions of the Federal plan, you are 2001. If EPA receives such comments, control system. Testing methods must required to apply for a Title V permit no then EPA will publish a document be consistent with EPA source test later than April 7, 2001. withdrawing the final rule and methods referenced in the DEP landfill Question: If I modify or expand the informing the public that the rule will regulation. capacity of my landfill, what additional not take effect. All public comments Monitoring temperature on a requirements must I meet? received will then be addressed in a continuous basis is required for Answer: Any MSW landfill that subsequent final rule based on the enclosed combustion control devices, commences construction, modification, proposed rule. The EPA will not and flares. Measurement of the gas flow or reconstruction on or after May 30, institute a second comment period on rate from the collection system to an 1991 is subject to the EPA new source this rule. Only parties interested in enclosed combustion device, or flare, is performance standards (NSPS) for commenting on this rule should do so required at least once every 15 minutes, landfills, 40 CFR part 60, subpart at this time. If no such comments are unless the bypass line valves are WWW. received, the public is advised that this
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rule will be effective on July 23, 2001 Act. Thus, the requirements of section Reporting and recordkeeping and no further action will be taken on 12(d) of the National Technology requirements. the proposed rule. Transfer and Advancement Act of 1995 Dated: May 1, 2000. (15 U.S.C. 272 note) do not apply. As V. Administrative Requirements William C. Early, required by section 3 of Executive Order Acting Regional Administrator, Region III. A. General Requirements 12988 (61 FR 4729, February 7, 1996), 40 CFR Part 62, Subpart XX, is Under Executive Order 12866 (58 FR in issuing this rule, EPA has taken the amended as follows: 51735, October 4, 1993), this action is necessary steps to eliminate drafting errors and ambiguity, minimize not a ‘‘significant regulatory action’’ and PART 62—[AMENDED] therefore is not subject to review by the potential litigation, and provide a clear Office of Management and Budget. This legal standard for affected conduct. EPA 1. The authority citation for Part 62 action merely approves state law as has complied with Executive Order continues to read as follows: meeting federal requirements and 12630 (53 FR 8859, March 15, 1988) by Authority: 42 U.S.C. 7401–7642. imposes no additional requirements examining the takings implications of beyond those imposed by state law. the rule in accordance with the Subpart XX—West Virginia Accordingly, the Administrator certifies ‘‘Attorney General’s Supplemental 2. A new center heading, and that this rule will not have a significant Guidelines for the Evaluation of Risk §§ 62.12125, 62.12126, and 62.12127 are economic impact on a substantial and Avoidance of Unanticipated added to read as follows: number of small entities under the Takings’’ issued under the executive Regulatory Flexibility Act (5 U.S.C. 601 order. This rule does not impose an Landfill Gas Emissions From Existing et seq.). Because this rule approves pre- information collection burden under the Municipal Solid Waste Landfills existing requirements under state law provisions of the Paperwork Reduction (Section 111(d)) Plan) and does not impose any additional Act of 1995 (44 U.S.C. 3501 et seq.). § 62.12125 Identification of plan. enforceable duty beyond that required B. Submission to Congress and the West Virginia 111(d) plan for by state law, it does not contain any Comptroller General unfunded mandate or significantly or municipal solid waste landfills, uniquely affect small governments, as The Congressional Review Act, 5 including delegation of Federal plan (64 described in the Unfunded Mandates U.S.C. 801 et seq., as added by the Small FR 60689) compliance schedule and Reform Act of 1995 (Public Law 104–4). Business Regulatory Enforcement reporting requirements, as submitted to This rule also does not have a Fairness Act of 1996, generally provides the Environmental Protection Agency substantial direct effect on one or more that before a rule may take effect, the on May 29, 1998, and as amended on Indian tribes, on the relationship agency promulgating the rule must May 15, 2000, and December 20, 2000. submit a rule report, which includes a between the Federal Government and § 62.12126 Identification of sources. Indian tribes, or on the distribution of copy of the rule, to each House of the The plan applies to all existing West power and responsibilities between the Congress and to the Comptroller General Virginia municipal solid waste landfills Federal Government and Indian tribes, of the United States. EPA will submit a for which construction, reconstruction, as specified by Executive Order 13175 report containing this rule and other or modification was commenced before (65 FR 67249, November 9, 2000), nor required information to the U.S. Senate, May 30, 1991 and that accepted waste will it have substantial direct effects on the U.S. House of Representatives, and at any time since November 8, 1987, or the States, on the relationship between the Comptroller General of the United that have additional capacity available the national government and the States, States prior to publication of the rule in for future waste deposition, as described or on the distribution of power and the Federal Register. This rule is not a in 40 CFR part 60, subpart Cc. responsibilities among the various ‘‘major rule’’ as defined by 5 U.S.C. levels of government, as specified in 804(2). § 62.12127 Effective date. Executive Order 13132 (64 FR 43255, C. Petitions for Judicial Review The effective date of the plan for August 10, 1999), because it merely municipal solid waste landfills is July approves a state rule implementing a Under section 307(b)(1) of the Clean 23, 2001. federal standard, and does not alter the Air Act, petitions for judicial review of relationship or the distribution of power this action must be filed in the United [FR Doc. 01–12888 Filed 5–22–01; 8:45 am] and responsibilities established in the States Court of Appeals for the BILLING CODE 6560–50–P Clean Air Act. This rule also is not appropriate circuit by July 23, 2001. subject to Executive Order 13045 (62 FR Filing a petition for reconsideration by ENVIRONMENTAL PROTECTION 19885, April 23, 1997), because it is not the Administrator of this final rule AGENCY economically significant. In reviewing approving West Virginia’s 111(d) plan 111(d) plan submissions, EPA’s role is for Municipal Solid Waste landfills does 40 CFR Part 82 to approve state choices, provided that not affect the finality of this rule for the they meet the criteria of the Clean Air purposes of judicial review nor does it [FRL–6982–1] Act. In this context, in the absence of a extend the time within which a petition prior existing requirement for the State for judicial review may be filed, and Protection of Stratospheric Ozone: to use voluntary consensus standards shall not postpone the effectiveness of Notice 15 for Significant New (VCS), EPA has no authority to such rule or action. This action may not Alternatives Policy Program disapprove a 111(d) plan submission for be challenged later in proceedings to AGENCY: Environmental Protection failure to use VCS. It would thus be enforce its requirements. (See section Agency. inconsistent with applicable law for 307(b)(2).) ACTION: Notice of acceptability. EPA, when it reviews a 111(d) plan List of Subjects in 40 CFR Part 62 submission, to use VCS in place of a SUMMARY: This document expands the 111(d) plan submission that otherwise Environmental protection, Air list of acceptable substitutes for ozone- satisfies the provisions of the Clean Air pollution control, Hydrocarbons, depleting substances (ODS) under the
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U.S. Environmental Protection Agency’s The sections below discuss the CFR part 82, subpart F). This section (EPA) Significant New Alternatives substitute listing in detail. Appendix A and EPA’s implementing regulations Policy (SNAP) program. The substitutes contains a table summarizing today’s prohibit venting or release of substitutes are for use in the refrigeration and air listing decisions. The comments for class I and class II ozone depleting conditioning sector. contained in the table provide substances used in refrigeration and air- EFFECTIVE DATE: May 23, 2001. additional information, but are not conditioning and require proper ADDRESSES: Information relevant to this legally binding under section 612 of the handling and disposal of these document is contained in Air Docket A– Clean Air Act. In addition, these substances, such as recycling or 91–42, Room M–1500, Waterside Mall, comments are not a comprehensive list recovery. U.S. Environmental Protection Agency, of other legal obligations you may need HFC–134a has been exempted from 401 M Street, SW., Washington, DC to meet when using the substitute. the list of volatile organic compounds 20460, telephone: (202) 260–7548. You Although you are not required to follow (VOCs) under Clean Air Act regulations may inspect the docket between 8 a.m. recommendations in the comments (40 CFR 51.000) for purposes of the and 5:30 p.m. weekdays. As provided in section of the table to use a substitute, State implementation plan (SIP) 40 CFR part 2, a reasonable fee may be EPA strongly encourages you to apply provisions of the Clean Air Act; HBr has charged for photocopying. Submissions the comments when using these not. Emissions of HBr should be to EPA for the use of the substitutes substitutes. In many instances, the controlled in accordance with VOC listed in this document may be found comments simply refer to standard restrictions in approved SIPs. under category VI–D of EPA docket A– operating practices in existing industry Flammability information: Neither 91–42. Other materials supporting the and/or building-code standards. Thus, component of this blend is flammable. decisions herein may be found under many of these comments, if adopted, Toxicity and exposure data: HBr has category IX–B of EPA docket A–91–42. would not require significant changes to an OSHA-established eight-hour FOR FURTHER INFORMATION CONTACT: existing operating practices. Permissible Exposure Limit (PEL) of Dave Godwin by telephone at (202) 564– Refrigeration and Air Conditioning only 3 ppm. The American Council of 3517, by fax at (202) 565–2155, by e- Governmental Industrial Hygienists mail at [email protected], or by 1. HFC–134a/HBr (92/8) (ACGIH) has recommended a Threshold mail at U.S. Environmental Protection The chemical blend of 92% by weight Limit Value (TLV) of 3 ppm as well. Agency, 1200 Pennsylvania Avenue, HFC–134a (1,1,1,2-tetrafluoroethane) EPA has previously listed HFC–134a, NW., Mail Code 6205J, Washington, DC and 8% by weight HBr (hydrogen with a Workplace Environmental 20460. Overnight or courier deliveries bromide) is acceptable for use as the Exposure Level (WEELs) from the should be sent to 501 3rd Street, NW., primary heat transfer fluid in new American Industrial Hygiene Washington, DC 20001. secondary-loop equipment for not-in- Association (AIHA) of 1000 ppm, as an Further information can be found by kind replacements of systems using: acceptable substitute in a variety of calling the Stratospheric Protection • CFC–12 and R–502 in retail food applications. EPA expects users of this Hotline at (800) 296–1996, Monday refrigeration; and blend to follow all recommendations through Friday, between the hours of 10 • CFC–12 and R–502 in cold storage specified in the Material Safety Data a.m. and 4 p.m. (Eastern Standard warehouses Sheets (MSDSs) for HBr, HFC–134a and Time). For more information on the HFC–134a/HBr (92/8) is also the blend. The Agency also expects that Agency’s process for administering the acceptable as a substitute in new users will adhere to any acceptable SNAP program or criteria for evaluation equipment for: exposure limits set by any voluntary of substitutes, refer to the original SNAP • CFC–11, CFC–12, CFC–114, CFC– consensus standards organization, rulemaking published in the Federal 115, and R–502 in industrial process including the TLVs from the ACGIH and Register on March 18, 1994 (59 FR refrigeration; and WEELs from the AIHA as stated above. 13044). Notices and rulemakings under • CFC–12 and R–502 in refrigerated Because of the health risks, EPA has the SNAP program, as well as other EPA transport at this time only evaluated this blend in publications on protection of The submitter of this blend claims limited applications. Within the retail stratospheric ozone, are available from that the blend is protected under U.S. food refrigeration and cold storage EPA’s Ozone Depletion World Wide Patent Number 5,989,448. This warehouse end uses, EPA is finding the Web site at http://www.epa.gov/ozone/ submission may be found under EPA use of HFC–134a/HBr (92/8) acceptable including the SNAP portion at http:// Air Docket A–91–42, item VI–D–275. only for secondary-loop systems; www.epa.gov/ozone/title6/snap/. Environmental information: The accidental releases of the chemical in SUPPLEMENTARY INFORMATION: ozone depletion potential (ODP) of HBr these applications are expected to I. Listing of Acceptable Substitutes is estimated to be less than 0.02, while generate negligible potential exposure to Refrigeration and Air Conditioning its atmospheric lifetime is estimated at the public and workers. Within the II. Section 612 Program 2 to 7 days (ICF Risk Screen, EPA Air refrigerated transport end use, direct A. Statutory Requirements exposure to high quantities of the B. Regulatory History Docket A–91–42, item IX–B–68). Appendix A—Summary of Acceptable Due to its short atmospheric lifetime, refrigerant is not likely because of the Decisions the global warming potential (GWP) of small charge size and the typical HBr is very low, while the GWP of placement of the unit away from direct I. Listing of Acceptable Substitutes HFC–134a is 1600 (100-year integrated human contact. Within the industrial This section presents EPA’s most time horizon referenced to carbon process refrigeration end use, such as at recent acceptable listing decisions for dioxide) [WMO, Scientific Assessment chemical or other industrial plants, substitutes in the refrigeration and air of Ozone Depletion: 1998]. The proper exposure controls and conditioning sector. For copies of the contribution of this blend to global ventilation are generally available as full list of SNAP decisions in all warming will be minimized in each well as established protocols for industrial sectors, contact the EPA end-use through the implementation of handling potentially hazardous Stratospheric Protection Hotline at (800) the venting prohibition under section materials, and therefore overall 296–1996. 608(c)(2) of the Clean Air Act (see 40 occupational risk is mitigated.
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Additional precautions could include contribution of these blends to global on the order of 1,000 ppm, with one installation of warning signs, worker warming will be minimized through the exception. Although one component education and technician training. Such implementation of the venting does have a WEEL significantly less practices will further reduce the prohibition under section 608(c)(2) of than 1,000 ppm, the EPA risk screen likelihood of exposure, and are therefore the Clean Air Act (see 40 CFR part 82, and occupational exposure scenarios recommended for all approved end subpart F). This section and EPA’s indicate that likely exposure to this uses. implementing regulations prohibit chemical or any of the other 2. Through 13. PFC–330ST, PFC– venting or release of substitutes for class components of these blends will remain 550HC, PFC–660HC, PFC–1100HC, I and class II ozone depleting substances below the recommended limits within PFC–1100LT, PGC–100, PGC–150, PFC– used in refrigeration and air- the proposed end use, including 331ST, PFC–551HC, PFC–661HC, PFC– conditioning and require proper manufacture and disposal scenarios. 1101HC and PGC–151 handling and disposal of these Further, the company’s Material Safety substances, such as recycling or Data Sheets (MSDSs) for all 12 blends The chemical blends submitted to recovery. recommend an acceptable exposure EPA with the unregistered trade names Some components of these blends limit (AEL) of 30 ppm. These exposure listed above are acceptable for use in have not been exempted from listing as limits for the blends are lower than the new and retrofit equipment as VOCs under Clean Air Act regulations WEELs for the components; therefore, substitutes for: for purposes of the SIP program. EPA believes that the company’s • CFC–13, CFC–113, CFC–114 and Emissions should be controlled in recommended AELs are protective of blends thereof in very low temperature accordance with requirements in human health. EPA expects users to refrigeration. follow all recommendations specified in IGC Polycold Systems Inc., the approved SIPs. the MSDSs for the blends and other submitter of the above-listed blends, Flammability information: The safety precautions common in the claims that the compositions of these submitter states that tests conducted by refrigeration and air conditioning blends, tailored for use in its equipment, Hauser Engineering Services determined are confidential business information. A that all of the blends, except PGC–100, industry. redacted version of this submission may PGC–150 and PGC–151, are flammable 14. SP34E be found under EPA Air Docket A–91– in accordance with ASTM E–681–85. 42, item VI–D–267. However, a flammability analysis and On December 18, 2000, EPA listed Environmental information: Each of risk assessment provided by the SP34E as acceptable for use as a these blends contain one or more submitter found little to no associated substitute for CFC–12 for retrofit and hydrochlorofluorocarbon (HCFC) risk, due in part to the small charge size new motor vehicle air conditioning (65 component(s), and thus the blends do used and the low probability of a leak FR 78979). Based on a final rule not have a zero ozone depletion occurring in the semi-hermetically- promulgated by EPA on October 16, potential (ODP). sealed equipment. To further reduce 1996 (61 FR 54029), all substitutes listed The global warming potentials flammability risks, EPA recommends as acceptable for use in motor vehicle (GWPs) of some of the blend that adequate personnel training and air conditioning must be used with components are very high; however, the room ventilation be provided. unique fittings for service ports and GWPs of the blends as formulated are Toxicity and exposure data: All refrigerant containers. In the original less than the GWPs of the refrigerants components in these blends have eight- SP34E listing, low-side and high-side they are replacing and less than most hour time-weighted average service port fittings, as well as fittings other alternatives approved for use occupational exposure limits, such as for large refrigerant containers (>20 within the very low temperature Threshold Limit Values (TLVs) from the pounds) were identified, but fittings for refrigeration end use. EPA strongly American Council of Governmental small cans were not. Since then, the encourages the continued search for Industrial Hygienists (ACGIH) and following fittings have been developed lower-GWP alternatives for use in this Workplace Environmental Exposure for small cans, and use of these fittings end use and prompt identification and Levels (WEELs) from the American is required to use SP34E in motor repair of any leaks that may occur. The Industrial Hygiene Association (AIHA), vehicle air conditioning systems:
Diameter Thread pitch Thread Fitting type (inches) (threads/inch) direction
Small cans ...... 0.3125 (5/16) 24 Left.
II. Section 612 Program tetrachloride, methyl chloroform, requires EPA to publish a list of the methyl bromide, and substitutes unacceptable for specific A. Statutory Requirements hydrobromofluorocarbon) or class II uses. EPA must publish a corresponding Section 612 of the Clean Air Act (hydrochlorofluorocarbon) substance list of acceptable alternatives for authorizes EPA to develop a program for with any substitute that the specific uses. evaluating alternatives to ozone- Administrator determines may present • Petition Process—Section 612(d) depleting substances. EPA refers to this adverse effects to human health or the grants the right to any person to petition program as the Significant New environment where the Administrator EPA to add a substance to or delete a Alternatives Policy (SNAP) program. has identified an alternative that (1) substance from the lists published in The major provisions of section 612 are: reduces the overall risk to human health accordance with section 612(c). The • Rulemaking—Section 612(c) and the environment, and (2) is Agency has 90 days to grant or deny a requires EPA to promulgate rules currently or potentially available. petition. Where the Agency grants the making it unlawful to replace any class • Listing of Unacceptable/Acceptable petition, it must publish the revised lists I (chlorofluorocarbon, halon, carbon Substitutes—Section 612(c) also within an additional six months.
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• 90-day Notification—Section 612(e) • Refrigeration and air conditioning; alternative manufacturing process, directs EPA to require any person who • Foam blowing; whether existing or new, intended for produces a chemical substitute for a • Solvents cleaning; use as a replacement for a class I or class • class I substance to notify the Agency Fire suppression and explosion II substance. Anyone who produces a not less than 90 days before new or protection; substitute must provide the Agency • Sterilants; existing chemicals are introduced into • with health and safety studies on the interstate commerce for significant new Aerosols; • Adhesives, coatings and inks; and substitute at least 90 days before uses as substitutes for a class I • introducing it into interstate commerce substance. The producer must also Tobacco expansion. These sectors compose the principal for significant new use as an alternative. provide the Agency with the producer’s This requirement applies to substitute unpublished health and safety studies industrial sectors that historically consumed the largest volumes of ozone- manufacturers, but may include on such substitutes. importers, formulators, or end-users, • Outreach—Section 612(b)(1) states depleting compounds. when they are responsible for that the Administrator shall seek to As described in this original rule for introducing a substitute into commerce. maximize the use of federal research the SNAP program, EPA does not facilities and resources to assist users of believe that rulemaking procedures are You can find a complete chronology class I and II substances in identifying required to list alternatives as of SNAP decisions and the appropriate and developing alternatives to the use of acceptable with no limitations. Such Federal Register citations from the such substances in key commercial listings do not impose any sanction, nor SNAP section of EPA’s Ozone Depletion applications. do they remove any prior license to use World Wide Web site at www.epa.gov/ • Clearinghouse—Section 612(b)(4) a substance. Therefore, by this action ozone/title6/snap/chron.html. This requires the Agency to set up a public EPA is adding substances to the list of information is also available from the clearinghouse of alternative chemicals, acceptable alternatives without first Air Docket (see ADDRESSES section product substitutes, and alternative requesting comment on new listings. above for contact information). manufacturing processes that are EPA does, however, believe that available for products and notice-and-comment rulemaking is List of Subjects in 40 CFR Part 82 manufacturing processes which use required to place any substance on the Environmental protection, class I and II substances. list of prohibited substitutes, to list a substance as acceptable only under Administrative practice and procedure, B. Regulatory History certain conditions, to list substances as Air pollution control, Reporting and On March 18, 1994, EPA published acceptable only for certain uses, or to recordkeeping requirements. the final rulemaking (59 FR 13044) remove a substance from the lists of Dated: May 7, 2001. which described the process for prohibited or acceptable substitutes. Avis C. Robinson, administering the SNAP program. In the Updates to these lists are published as Acting Director, Office of Atmospheric same document, EPA issued its first separate notices of rulemaking in the Programs, Office of Air and Radiation. acceptability lists for substitutes in the Federal Register. major industrial use sectors. These The Agency defines a ‘‘substitute’’ as Appendix A.—Summary of Acceptable sectors include: any chemical, product substitute, or Decisions
REFRIGERATION AND AIR CONDITIONING
End-Use Substitute Recommendation Comments
Retail food refrigeration, for use as HFC–134a/HBr (92/8) as a sub- Acceptable ...... Users are expected to adhere to the primary heat transfer fluid in stitute for CFC–12 and R–502. the 3 ppm Permissible Expo- new secondary-loop equipment sure Limit and Threshold Limit for not-in-kind replacements of Value set by OSHA and systems. ACGIH, respectively. Users are expected to follow all rec- ommendations specified in Ma- terial Safety Data Sheets for HBr, HFC–134a and the blend. Additional warning signs, work- er education and technician training is recommended to minimize exposures. Cold storage warehouses, for use HFC–134a/HBr (92/8) as a sub- Acceptable ...... Users are expected to adhere to as the primary heat transfer fluid stitute for CFC–12 and R–502. the 3 ppm Permissible Expo- in new secondary-loop equip- sure Limit and Threshold Limit ment for not-in-kind replace- Value set by OSHA and ments of systems. ACGIH, respectively. Users are expected to follow all rec- ommendations specified in Ma- terial Safety Data Sheets for HBr, HFC–134a and the blend. Additional warning signs, work- er education and technician training is recommended to minimize exposures.
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REFRIGERATION AND AIR CONDITIONING—Continued
End-Use Substitute Recommendation Comments
Industrial process refrigeration HFC–134a/HBr (92/8) as a sub- Acceptable ...... Users are expected to adhere to (new). stitute for CFC–11, CFC–12, the 3 ppm Permissible Expo- CFC–114, CFC–115 and R– sure Limit and Threshold Limit 502. Value set by OSHA and ACGIH, respectively. Users are expected to follow all rec- ommendations specified in Ma- terial Safety Data Sheets for HBr, HFC–134a and the blend. Additional warning signs, work- er education and technician training is recommended to minimize exposures. Refrigerated transport (new) ...... HFC–134a/HBr (92/8) as a sub- Acceptable ...... Users are expected to adhere to stitute for CFC–12 and R–502. the 3 ppm Permissible Expo- sure Limit and Threshold Limit Value set by OSHA and ACGIH, respectively. Users are expected to follow all rec- ommendations specified in Ma- terial Safety Data Sheets for HBr, HFC–134a and the blend. Additional warning signs, work- er education and technician training is recommended to minimize exposures. Very low temperature refrigeration PFC–330ST, PFC–550HC, PFC– Acceptable. (retrofit and new). 660HC, PFC–1100HC, PFC– 1100LT, PGC–100, PGC–150, PFC–331ST, PFC–551HC, PFC–661HC, PFC–1101HC and PGC–151 assubstitutes for CFC–13, CFC–113, CFC–114 and blends thereof.
[FR Doc. 01–12893 Filed 5–22–01; 8:45 am] U.S. Highway #1 South, North Pollution Prevention Division (7511C), BILLING CODE 6560–50–P Brunswick, NJ 08902–3390, submitted Environmental Protection Agency, 1200 an amended petition to EPA under the Pennsylvania Ave., NW., Washington, Federal Food, Drug, and Cosmetic Act, DC 20460; telephone number: 703-308- ENVIRONMENTAL PROTECTION as amended by the Food Quality 8097; and e-mail address: AGENCY Protection Act of 1996 requesting the [email protected]. temporary exemption. This regulation SUPPLEMENTARY INFORMATION: 40 CFR Part 180 eliminates the need to establish a [OPP–301124; FRL–6781–7] maximum permissible level for residues I. General Information of Aspergillus flavus AF36. The RIN 2070–AB78 A. Does this Action Apply to Me? temporary tolerance exemption will expire on December 30, 2003. You may be affected by this action if Aspergillus flavus AF36; Extension of you are an agricultural producer, food DATES: Temporary Exemption From the This regulation is effective May manufacturer, or pesticide Requirement of a Tolerance 23, 2001. Objections and requests for manufacturer. Potentially affected hearings, identified by docket control AGENCY: Environmental Protection categories and entities may include, but number OPP–301124, must be received are not limited to: Agency (EPA). by EPA on or before July 23, 2001. ACTION: Final rule. ADDRESSES: Written objections and SUMMARY: This regulation extends a hearing requests may be submitted by mail, in person, or by courier. Please temporary exemption from the Cat- NAICS Examples of Poten- requirement of a tolerance for residues follow the detailed instructions for each egories tially Affected Entities of the biological Aspergillus flavus method as provided in Unit III. of the SUPPLEMENTARY INFORMATION. To ensure Industry 111 Crop production AF36, (A. flavus) a non-aflatoxin 112 Animal production producing strain of A. flavus, on cotton proper receipt by EPA, your objections 311 Food manufacturing when applied or used as aerial pre- and hearing requests must identify 32532 Pesticide manufac- bloom applications to cotton in docket control number OPP–301124 in turing specified counties of Arizona. The the subject line on the first page of your Interregional Research Project Number 4 response. This listing is not intended to be (IR-4), New Jersey Agricultural FOR FURTHER INFORMATION CONTACT: By exhaustive, but rather provides a guide Experiment Station, Technology Center mail: Shanaz Bacchus, c/o Product for readers regarding entities likely to be of New Jersey, Rutgers University, 681 Manager (PM) 90, Biopesticides and affected by this action. Other types of
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entities not listed in the table could also as amended by the Food Quality EPA determines the toxicity of be affected. The North American Protection Act of 1996 (FQPA) (Public pesticides. Second, EPA examines Industrial Classification System Law 104–170) establishing a temporary exposure to the pesticide through food, (NAICS) codes have been provided to exemption from the requirement of a drinking water, and through other assist you and others in determining tolerance for residues of A. flavus AF36 exposures that occur as a result of whether or not this action might apply on cotton grown in 5 counties in pesticide use in residential settings. to certain entities. If you have questions Arizona (40 CFR 180.1206). This final The fungal agent is applied prebloom regarding the applicability of this action rule included a summary of the to the soil of treated cotton fields. When to a particular entity, consult the person Agency’s assessment of the health conditions are appropriate, the AF 36 listed under FOR FURTHER INFORMATION effects data submitted in support of the spores land on the cotton plant and CONTACT. extension of the temporary tolerance germinate to displace the naturally exemption. The temporary exemption occurring toxigenic strain. No adverse B. How Can I Get Additional from tolerance was extended until effects were reported in the annual Information, Including Copies of this December 2001 (64 FR 35049, June 30, reports which the registrant submitted Document and Other Related 1999) (FRL–6087–3) to allow for passage as required in the EUP. Documents? of the treated commodities through the This extension of the exemption from 1. Electronically. You may obtain channels of trade. the requirement of a temporary electronic copies of this document, and Comments submitted to the Agency tolerance is associated with an certain other related documents that regarding the use of this competitive extension of an Experimental Use might be available electronically, from fungal agent were by the cotton growers Permit (EUP, EPA Reg. No. 69224–EUP– the EPA Internet Home Page at http:// in the region who were all in favor of 1). This extension of the EUP will allow www.epa.gov/. To access this the extension of the exemption from the aerial application of A. flavus AF36 in document, on the Home Page select temporary tolerance. Both the toxigenic the following counties of Arizona: Yuma ‘‘Laws and Regulations,’’ ‘‘Regulations and atoxigenic strains are naturally (3,300 acres), Maricopa (13,150 acres), and Proposed Rules,’’ and then look up occurring in Arizona. The growers were Mohave (1,700 acres) and Pinal (1,850 the entry for this document under the of the opinion that this technology is acres). This final rule extends the ‘‘Federal Register—Environmental likely to reduce the high levels of the temporary exemption from a tolerance Documents.’’ You can also go directly to naturally occurring, toxin-producing for residues of Aspergillus flavus AF36 the Federal Register listings at http:// strain of A. flavus by displacement. No on cotton until December 30, 2003. www.epa.gov/fedrgstr/. A frequently adverse effects were reported in the Of the strains of A. flavus found updated electronic version of 40 CFR yearly annual reports of the naturally in Arizona, this atoxigenic part 180 is available at http:// Experimental Use Permit, and in some strain comprises about 15% of the www.access.gpo.gov/nara/cfr/ instances aflatoxin levels of cotton seed natural microbial population in the soil, cfrhtml_180/Title_40/40cfr180_00.html, were reduced in treated cotton. as opposed to the predominant S or a beta site currently under development. New section 408(c)(2)(A)(i) of the toxigenic S strain. 2. In person. The Agency has FFDCA allows EPA to establish an Summaries of the toxicological profile established an official record for this exemption from the requirement for a and other relevant manufacturing and action under docket control number tolerance (the legal limit for a pesticide health effects data, to comply with the OPP–301124. The official record chemical residue in or on a food) only guideline requirements of the Food consists of the documents specifically if EPA determines that the exemption is Quality Protection Act of 1996, were referenced in this action, and other ‘‘safe.’’ Section 408(c)(2)(A)(ii) defines reported in the Federal Register information related to this action, ‘‘safe’’ to mean that ‘‘there is a publication of the final rule of May 26, including any information claimed as reasonable certainty that no harm will 1999, extending the temporary tolerance Confidential Business Information (CBI). result from aggregate exposure to the exemption. Based on the previously This official record includes the pesticide chemical residue, including submitted data outlined in the final documents that are physically located in all anticipated dietary exposures and all rule, there is a reasonable certainty that the docket, as well as the documents other exposures for which there is no harm will result from aggregate that are referenced in those documents. reliable information.’’ This includes exposure to the U.S. population, The public version of the official record exposure through drinking water and in including infants and children, to A. does not include any information residential settings, but does not include flavus AF36 from the limited use claimed as CBI. The public version of occupational exposure. Section pattern of this experimental use permit. the official record, which includes 408(b)(2)(C) requires EPA to give special This includes all anticipated dietary printed, paper versions of any electronic consideration to exposure of infants and exposures and all other exposures for comments submitted during an children to the pesticide chemical which there is reliable information. applicable comment period is available residue in establishing a tolerance and The Agency continues to require that for inspection in the Public Information to ‘‘ensure that there is a reasonable the pesticide must not be applied within and Records Integrity Branch (PIRIB), certainty that no harm will result to a boundary of 400 feet of residential Rm. 119, Crystal Mall #2, 1921 Jefferson infants and children from aggregate areas, schools, daycare and health care Davis Hwy., Arlington, VA, from 8:30 exposure to the pesticide chemical facilities and hospitals to minimize a.m. to 4 p.m., Monday through Friday, residue....’’ Additionally, section exposure to human adults, infants and excluding legal holidays. The PIRIB 408(b)(2)(D) requires that the Agency children. telephone number is (703) 305–5805. consider ‘‘available information Data have been submitted to concerning the cumulative effects of a demonstrate that this strain excludes the II. Background and Statutory Findings particular pesticide’s residues and aflatoxin-producing strain when it is In the Federal Register of May 26, ‘‘other substances that have a common applied prior to flowering. Thus, the 1999 (64 FR 28371) (FRL–6081–2), EPA mechanism of toxicity.’’ proposed use is not likely to result in issued a final rule pursuant to section EPA performs a number of analyses to appreciable increases in the long-term 408 of the Federal Food, Drug, and determine the risks from aggregate population of A. flavus on the crop Cosmetic Act (FFDCA), 21 U.S.C. 346a, exposure to pesticide residues. First, beyond naturally occurring levels.
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Furthermore, there is no expectation of 178. To ensure proper receipt by EPA, If you would like to request a waiver cumulative effects with other pesticides, you must identify docket control of the tolerance objection fees, you must because this is the only registered number OPP–301124 in the subject line mail your request for such a waiver to: experimental microbe in this genus. on the first page of your submission. All James Hollins, Information Resources As in the earlier EUP, the Agency requests must be in writing, and must be and Services Division (7502C), Office of requires that applicators and other mailed or delivered to the Hearing Clerk Pesticide Programs, Environmental handlers must wear gloves, a dust/mist on or before july 23, 2001. Protection Agency, 1200 Pennsylvania filtering respirator with NIOSH approval 1. Filing the request. Your objection Ave., NW., Washington, DC 20460. prefix N–95, R–95 or P–95, long sleeved must specify the specific provisions in 3. Copies for the Docket. In addition shirt and long pants, and shoes plus the regulation that you object to, and the to filing an objection or hearing request socks to mitigate potential worker grounds for the objections (40 CFR with the Hearing Clerk as described in exposure. 178.25). If a hearing is requested, the Unit VIII.A., you should also send a The Food and Drug administration objections must include a statement of copy of your request to the PIRIB for its (FDA) regulates the levels of aflatoxin in the factual issues(s) on which a hearing inclusion in the official record that is cotton seed meal and other commodities is requested, the requestor’s contentions described in Unit I.B.2. Mail your associated with the production of on such issues, and a summary of any copies, identified by docket control cotton. Treated cotton and its by evidence relied upon by the objector (40 number OPP–301124, to: Public products are screened for aflatoxin prior CFR 178.27). Information submitted in Information and Records Integrity to introduction into the channels of connection with an objection or hearing Branch, Information Resources and commerce. FDA does not allow request may be claimed confidential by Services Division (7502C), Office of cottonseed products containing marking any part or all of that Pesticide Programs, Environmental aflatoxin at 20 parts per billion (ppb) or information as CBI. Information so Protection Agency, 1200 Pennsylvania higher to be used in dairy rations. FDA marked will not be disclosed except in Ave., NW., Washington, DC 20460. In regulations also do not allow cottonseed accordance with procedures set forth in person or by courier, bring a copy to the products containing aflatoxin above 300 40 CFR part 2. A copy of the location of the PIRIB described in Unit ppb to be used for feeding beef cattle. information that does not contain CBI I.B.2. You may also send an electronic must be submitted for inclusion in the copy of your request via e-mail to: opp- C. Codex Maximum Residue Level public record. Information not marked [email protected]. Please use an ASCII An exemption from temporary confidential may be disclosed publicly file format and avoid the use of special tolerance for residues of A. flavus by EPA without prior notice. characters and any form of encryption. isolate AF36 on cotton (40 CFR Mail your written request to: Office of Copies of electronic objections and 180.1206) is currently in effect in the Hearing Clerk (1900), Environmental hearing requests will also be accepted conjunction with an Experimental Use Protection Agency, 1200 Pennsylvania on disks in WordPerfect 6.1/8.0 or Permit (61 FR 30235, June 14, 1996, and Ave., NW., Washington, DC 20460. You ASCII file format. Do not include any extended to expire in December 2001) may also deliver your request to the CBI in your electronic copy. You may (FRL–5377–6). Office of the Hearing Clerk in Rm. C400, also submit an electronic copy of your Waterside Mall, 401 M St., SW., request at many Federal Depository III. Objections and Hearing Requests Washington, DC 20460. The Office of Libraries. Under section 408(g) of the FFDCA, as the Hearing Clerk is open from 8 a.m. amended by the FQPA, any person may to 4 p.m., Monday through Friday, B. When Will the Agency Grant a file an objection to any aspect of this excluding legal holidays. The telephone Request for a Hearing? regulation and may also request a number for the Office of the Hearing A request for a hearing will be granted hearing on those objections. The EPA Clerk is (202) 260–4865. if the Administrator determines that the procedural regulations which govern the 2. Tolerance fee payment. If you file material submitted shows the following: submission of objections and requests an objection or request a hearing, you There is a genuine and substantial issue for hearings appear in 40 CFR part 178. must also pay the fee prescribed by 40 of fact; there is a reasonable possibility Although the procedures in those CFR 180.33(i) or request a waiver of that that available evidence identified by the regulations require some modification to fee pursuant to 40 CFR 180.33(m). You requestor would, if established resolve reflect the amendments made to the must mail the fee to: EPA Headquarters one or more of such issues in favor of FFDCA by the FQPA of 1996, EPA will Accounting Operations Branch, Office the requestor, taking into account continue to use those procedures, with of Pesticide Programs, P.O. Box uncontested claims or facts to the appropriate adjustments, until the 360277M, Pittsburgh, PA 15251. Please contrary; and resolution of the factual necessary modifications can be made. identify the fee submission by labeling issues(s) in the manner sought by the The new section 408(g) provides it ‘‘Tolerance Petition Fees.’’ requestor would be adequate to justify essentially the same process for persons EPA is authorized to waive any fee the action requested (40 CFR 178.32). to ‘‘object’’ to a regulation for an requirement‘‘when in the judgement of IV. Regulatory Assessment exemption from the requirement of a the Administrator such a waiver or Requirements tolerance issued by EPA under new refund is equitable and not contrary to section 408(d), as was provided in the the purpose of this subsection.’’ For This final rule extends a temporary old FFDCA sections 408 and 409. additional information regarding the exemption from the tolerance However, the period for filing objections waiver of these fees, you may contact requirement under FFDCA section is now 60 days, rather than 30 days. James Tompkins by phone at (703) 305– 408(d) in response to a petition 5697, by e-mail at submitted to the Agency. The Office of A. What Do I Need to Do to File an [email protected], or by mailing a Management and Budget (OMB) has Objection or Request a Hearing? request for information to Mr. Tompkins exempted these types of actions from You must file your objection or at Registration Division (7505C), Office review under Executive Order 12866, request a hearing on this regulation in of Pesticide Programs, Environmental entitled Regulatory Planning and accordance with the instructions Protection Agency, 1200 Pennsylvania Review (58 FR 51735, October 4, 1993). provided in this unit and in 40 CFR part Ave., NW., Washington, DC 20460. This final rule does not contain any
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information collections subject to OMB have any ‘‘tribal implications’’ as Authority: 21 U.S.C. 321(q), 346(a) and approval under the Paperwork described in Executive Order 13175, 371. Reduction Act (PRA), 44 U.S.C. 3501 et entitled Consultation and Coordination 2. Section 180.1206 is revised to read seq., or impose any enforceable duty or with Indian Tribal Governments (65 FR as follows: contain any unfunded mandate as 67249, November 6, 2000). Executive § 180.1206 Aspergillus flavus AF36. described under Title II of the Unfunded Order 13175, requires EPA to develop Mandates Reform Act of 1995 (UMRA) an accountable process to ensure Aspergillus flavus AF36 is (Public Law 104–4). Nor does it require ‘‘meaningful and timely input by tribal temporarily exempt from the any special considerations under officials in the development of requirement of a tolerance in or on Executive Order 12898, entitled Federal regulatory policies that have tribal cotton when used on cotton in Arizona Actions to Address Environmental implications.’’ ‘‘Policies that have tribal in accordance with the Experimental Justice in Minority Populations and implications’’ is defined in the Use Permit 69224–EUP–1. The Low-Income Populations (59 FR 7629, Executive Order to include regulations temporary exemption from a tolerance February 16, 1994); or OMB review or that have ‘‘substantial direct effects on will expire on December 30, 2003. any Agency action under Executive one or more Indian tribes, on the [FR Doc. 01–12900 Filed 5–22–01; 8:45 am] Order 13045, entitled Protection of relationship between the Federal BILLING CODE 6560–50–S Children from Environmental Health government and the Indian tribes, or on Risks and Safety Risks (62 FR 19885, the distribution of power and April 23, 1997). This action does not responsibilities between the Federal ENVIRONMENTAL PROTECTION involve any technical standards that government and Indian tribes.’’ This AGENCY rule will not have substantial direct would require Agency consideration of 40 CFR Part 180 voluntary consensus standards pursuant effects on tribal governments, on the to section 12(d) of the National relationship between the Federal [OPP–301132; FRL–6784–7] government and Indian tribes, or on the Technology Transfer and Advancement RIN 2070–AB78 Act of 1995 (NTTAA), Public Law 104– distribution of power and 113, section 12(d) (15 U.S.C. 272 note). responsibilities between the Federal Thiamethoxam; Pesticide Tolerance Since tolerances and exemptions that government and Indian tribes, as are established on the basis of a FIFRA specified in Executive Order 13175. AGENCY: Environmental Protection section 18 petition under FFDCA Thus, Executive Order 13175 does not Agency (EPA). section 408, such as the [tolerance] in apply to this rule.’’ ACTION: Final rule. this final rule, do not require the V. Submission to Congress and the SUMMARY: This regulation establishes issuance of a proposed rule, the Comptroller General tolerances for combined residues of requirements of the Regulatory The Congressional Review Act, 5 thiamethoxam and its metabolite in or Flexibility Act (RFA) (5 U.S.C. 601 et U.S.C. 801 et seq., as added by the Small on tuberous and corm vegetables crop seq.) do not apply. In addition, the Business Regulatory Enforcement subgroup, fruiting vegetables crop Agency has determined that this action Fairness Act of 1996, generally provides group, tomato paste, cucurbit vegetables will not have a substantial direct effect that before a rule may take effect, the crop group, and pome fruits crop group. on States, on the relationship between agency promulgating the rule must Syngenta Crop Protection, Inc. the national government and the States, submit a rule report, which includes a requested these tolerances under the or on the distribution of power and copy of the rule, to each House of the Federal Food, Drug, and Cosmetic Act, responsibilities among the various Congress and to the Comptroller General as amended by the Food Quality levels of government, as specified in of the United States. EPA will submit a Protection Act of 1996. Executive Order 13132, entitled report containing this rule and other DATES Federalism (64 FR 43255, August 10, : This regulation is effective May required information to the U.S. Senate, 1999). Executive Order 13132 requires 23, 2001. Objections and requests for the U.S. House of Representatives, and EPA to develop an accountable process hearings, identified by docket control the Comptroller General of the United to ensure ‘‘meaningful and timely input number OPP–301132, must be received States prior to publication of this final by State and local officials in the by EPA on or before July 23, 2001. rule in the Federal Register. This final development of regulatory policies that ADDRESSES: Written objections and rule is not a‘‘major rule’’ as defined by have federalism implications.’’ ‘‘Policies hearing requests may be submitted by 5 U.S.C. 804(2). that have federalism implications’’ is mail, in person, or by courier. Please defined in the Executive Order to List of Subjects in 40 CFR Part 180 follow the detailed instructions for each method as provided in Unit VI. of the include regulations that have Environmental protection, ‘‘substantial direct effects on the States, SUPPLEMENTARY INFORMATION. To ensure Administrative practice and procedure, proper receipt by EPA, your objections on the relationship between the national Agricultural commodities, Pesticides government and the States, or on the and hearing requests must identify and pests, Reporting and recordkeeping docket control number OPP–301132 in distribution of power and requirements. responsibilities among the various the subject line on the first page of your levels of government.’’ This final rule Dated: May 9, 2001. response. directly regulates growers, food Janet L. Anderson, FOR FURTHER INFORMATION CONTACT: By processors, food handlers and food Director, Biopesticide and Pollution mail: Dani Daniel, Registration Division retailers, not States. This action does not Prevention Division. (7505C), Office of Pesticide Programs, alter the relationships or distribution of Therefore, 40 CFR chapter I is Environmental Protection Agency, 1200 power and responsibilities established amended as follows: Pennsylvania Ave., NW.,Washington, by Congress in the preemption DC 20460; telephone number: (703) provisions of FFDCA section 408(n)(4). PART 180—[AMENDED] 305–5409; and e-mail address: For these same reasons, the Agency 1. The authority citation for part 180 [email protected]. has determined that this rule does not continues to read as follows: SUPPLEMENTARY INFORMATION:
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I. General Information consists of the documents specifically chemical residue, including all referenced in this action, and other anticipated dietary exposures and all A. Does this Action Apply to Me? information related to this action, other exposures for which there is You may be affected by this action if including any information claimed as reliable information.’’ This includes you are an agricultural producer, food Confidential Business Information (CBI). exposure through drinking water and in manufacturer, or pesticide This official record includes the residential settings, but does not include manufacturer. Potentially affected documents that are physically located in occupational exposure. Section categories and entities may include, but the docket, as well as the documents 408(b)(2)(C) requires EPA to give special are not limited to: that are referenced in those documents. consideration to exposure of infants and The public version of the official record children to the pesticide chemical Cat- NAICS Examples of Poten- does not include any information residue in establishing a tolerance and egories tially Affected Entities claimed as CBI. The public version of to ‘‘ensure that there is a reasonable Industry 111 Crop production the official record, which includes certainty that no harm will result to 112 Animal production printed, paper versions of any electronic infants and children from aggregate 311 Food manufacturing comments submitted during an exposure to the pesticide chemical 32532 Pesticide manufac- applicable comment period is available residue....’’ turing for inspection in the Public Information EPA performs a number of analyses to and Records Integrity Branch (PIRIB), determine the risks from aggregate This listing is not intended to be Rm. 119, Crystal Mall #2, 1921 Jefferson exposure to pesticide residues. For exhaustive, but rather provides a guide Davis Hwy., Arlington, VA, from 8:30 further discussion of the regulatory for readers regarding entities likely to be a.m. to 4 p.m., Monday through Friday, requirements of section 408 and a affected by this action. Other types of excluding legal holidays. The PIRIB complete description of the risk entities not listed in the table could also telephone number is (703) 305–5805. assessment process, see the final rule on be affected. The North American Bifenthrin Pesticide Tolerances (62 FR II. Background and Statutory Findings Industrial Classification System 62961, November 26, 1997) (FRL–5754– (NAICS) codes have been provided to In the Federal Register of May 5, 1999 7). assist you and others in determining (64 FR 34153) (FRL–6072–7), EPA whether or not this action might apply issued a notice pursuant to section 408 III. Aggregate Risk Assessment and to certain entities. If you have questions of the Federal Food, Drug, and Cosmetic Determination of Safety regarding the applicability of this action Act (FFDCA), 21 U.S.C. 346a as Consistent with section 408(b)(2)(D), to a particular entity, consult the person amended by the Food Quality Protection EPA has reviewed the available listed under FOR FURTHER INFORMATION Act of 1996 (FQPA) (Public Law 104– scientific data and other relevant CONTACT. 170) announcing the filing of a pesticide information in support of this action. petition (9F5051) for tolerances by EPA has sufficient data to assess the B. How Can I Get Additional Syngenta Crop Protection, P.O. Box hazards of and to make a determination Information, Including Copies of this 18300 Greensboro, NC 27419–8300. on aggregate exposure, consistent with Document and Other Related This notice included a summary of the section 408(b)(2), for a tolerance for Documents? petition prepared by Syngenta Crop combined residues of thiamethoxam 1. Electronically. You may obtain Protection, the registrant. There were no and its metabolite in or on tuberous and electronic copies of this document, and comments received in response to the corm vegetables crop subgroup at 0.02 certain other related documents that notice of filing. ppm, fruiting vegetables crop group at might be available electronically, from The petition requested that 40 CFR 0.25 ppm, tomato paste at 0.80 ppm, the EPA Internet Home Page at http:// 180.565 be amended by establishing cucurbit vegetables crop group at 0.20 www.epa.gov/. To access this tolerances for combined residues of the ppm, and pome fruits crop group at 0.20 document, on the Home Page select insecticide thiamethoxam, 3-[(2-chloro- ppm. EPA’s assessment of exposures ‘‘Laws and Regulations’’, ‘‘Regulations 5-thiazolyl)methyl]tetrahydro-5-methyl- and risks associated with establishing and Proposed Rules,’’ and then look up N-nitro-4H-1,3,5-oxadiazin-4-imine and these tolerances follows. the entry for this document under the its metabolite (N-(2-chloro-thiazol-5- ‘‘Federal Register—Environmental ylmethyl)-N ′-methyl-N ′′-nitro- A. Toxicological Profile Documents.’’ You can also go directly to guanidine) in or on the raw agricultural EPA has evaluated the available the Federal Register listings at http:// commodities: tuberous and corm toxicity data and considered its validity, www.epa.gov/fedrgstr/. To access the vegetables crop subgroup at 0.02 ppm, completeness, and reliability as well as OPPTS Harmonized Guidelines cucurbit vegetables crop group at 0.20 the relationship of the results of the referenced in this document, go directly ppm, pome fruit crop group at 0.20 studies to human risk. EPA has also to the guidelines at http://www.epa.gov/ ppm, fruiting vegetables crop group at considered available information opptsfrs/home/guidelin.htm. A 0.25 ppm and tomato paste at 0.80 ppm. concerning the variability of the frequently updated electronic version of Section 408(b)(2)(A)(i) of the FFDCA sensitivities of major identifiable 40 CFR part 180 is available at http:// allows EPA to establish a tolerance (the subgroups of consumers, including www.access.gpo.gov/nara/cfr/ legal limit for a pesticide chemical infants and children. The nature of the cfrhtml_180/Title_40/40cfr180_00.html, residue in or on a food) only if EPA toxic effects caused by thiamethoxam a beta site currently under development. determines that the tolerance is ‘‘safe.’’ are discussed in the following Table 1 2. In person. The Agency has Section 408(b)(2)(A)(ii) defines ‘‘safe’’ to as well as the no observed adverse effect established an official record for this mean that‘‘ there is a reasonable level (NOAEL) and the lowest observed action under docket control number certainty that no harm will result from adverse effect level (LOAEL) from the OPP–301132. The official record aggregate exposure to the pesticide toxicity studies reviewed.
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TABLE 1.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY
Guideline No. Study Type Results
870.3100 90–Day oral toxicity - rat NOAEL = 1.74 (males), 92.5 (females) mg/kg/day LOAEL = 17.64 (males), 182.1 (females) mg/kg/day based on in- creased incidence of hyaline change of renal tubular epithelium (males), fatty change in adrenal gland of females, liver changes in females, all at the LOAEL.
870.3100 90–Day oral toxicity - mouse NOAEL = 1.41 (males), 19.2 (females) mg/kg/day LOAEL = 14.3 (males), 231 (females) mg/kg/day based on increased incidence of hepatocellular hypertrophy. At higher dose levels: de- crease in bodyweight and bodyweight gain, necrosis of individual hepatocytes, pigmentation of Kupffer cells, and lymphocytic infiltra- tion of the liver in both sexes; slight hematologic effects and de- creased absolute and relative kidney weights in males; and ovarian atrophy, decreased ovary and spleen weights and increased liver weights in females.
870.3150 90–Day oral toxicity - dog NOAEL = 8.23 (males), 9.27 (females) mg/kg/day LOAEL = 32.0 (males), 33.9 (females) mg/kg/day based on slightly prolonged prothrombin times and decreased plasma albumin and A/G ratio (both sexes); decreased calcium levels and ovary weights and delayed maturation in the ovaries (females); decreased choles- terol and phospholipid levels, testis weights, spermatogenesis, and spermatic giant cells in testes (males).
870.3200 28–Day dermal toxicity - rat NOAEL = 250 (males), 60 (females) mg/kg/day LOAEL = 1000 (males), 250 (females) mg/kg/day based on increased plasma glucose, triglyceride levels, and alkaline phosphatase activ- ity and inflammatory cell infiltration in the liver and necrosis of sin- gle hepatocytes in females and hyaline change in renal tubules and a very slight reduction in body weight in males. At higher dose levels in females, chronic tubular lesions in the kidneys and inflam- matory cell infiltration in the adrenal cortex were observed.
870.3700a Prenatal developmental - rat Maternal NOAEL = 30 mg/kg/day LOAEL = 200 mg/kg/day based on decreased body weight, body weight gain, and food consumption. Developmental NOAEL = 200 mg/kg/day LOAEL = 750 mg/kg/day based on decreased fetal body weight and anincreased incidence of skeletal anomalies.
870.3700b Prenatal developmental - rabbit Maternal NOAEL = 50 mg/kg/day LOAEL = 150 mg/kg/day based on maternal deaths, hemorrhagic uterine contents and hemorrhagic discharge, decreased body weight and food intake during the dosing period. Developmental NOAEL = 50 mg/kg/day LOAEL = 150 mg/kg/day based on decreased fetal body weights, in- creased incidence of post-implantation loss and a slight increase in the incidence of a few skeletal anomalies/variations.
870.3800 Reproduction and fertility effects - rat Parental/Systemic NOAEL = 1.84 (males), 202.06 (females)mg/kg/ day LOAEL = 61.25 (males), not determined (females) mg/kg/day based on increased incidence of hyaline change in renal tubules in F0 and F1 males. Reproductive NOAEL = 0.61 (males), 202.06 (females) mg/kg/day LOAEL = 1.84 (males), not determined (females) mg/kg/day based on increased incidence and severity of tubular atrophy observed in testes of the F1 generation males. Offspring NOAEL = 61.25 (males), 79.20 (females) mg/kg/day LOAEL = 158.32 (males), 202.06 (females) mg/kg/day based on re- duced body weight gain during the lactation period in all litters .
870.4100 Chronic toxicity - dog NOAEL = 4.05 (males), 4.49 (females) mg/kg/day LOAEL = 21.0 (males), 24.6 (females) mg/kg/day based on increase in creatinine in both sexes, transient decrease in food consumption in females, and occasional increase in urea levels, decrease in ALT, and atrophy of seminiferous tubules in males.
870.4200 Carcinogenicity - mouse NOAEL = 2.63 (males), 3.68 (females) mg/kg/day
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TABLE 1.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY—Continued
Guideline No. Study Type Results
LOAEL = 63.8 (males), 87.6 (females) mg/kg/day based on hepatocyte hypertrophy, single cell necrosis, inflammatory cell infil- tration, pigment deposition, foci of cellular alteration, hyperplasia of Kupffer cells and increased mitotic activity; also, an increase in the incidence of hepatocellular adenoma (both sexes). At higher doses, there was an increase in the incidence of hepatocellular adenocar- cinoma (both sexes) and the number of animals with multiple tu- mors. evidence of carcinogenicity
870.4300 Combined chronic carcinogenicity - rat NOAEL = 21.0 (males), 50.3 (females) mg/kg/day LOAEL = 63.0 (males), 155 (females) mg/kg/day based on increased incidence of lymphocytic infiltration of the renal pelvis and chronic nephropathy in males and decreased body weight gain, slight in- crease in the severity of hemosiderosis of the spleen, foci of cel- lular alteration in liver and chronic tubular lesions in kidney in fe- males. no evidence of carcinogenicity
870.5100 and Gene mutation in S. typhimurium and E. coli No evidence of gene mutation when tested up to 5,000 µg/plate. 870.5265 There was no evidence of cytotoxicity.
870.5265 Gene mutation in S. typhimurium No evidence of gene mutation when tested up to 5,000 µg/plate.The S9 fraction was from non-induced mouse liver, Aroclor 1254 in- duced mouseliver, or thiamethoxam induced mouse liver, following dietary administration of thiamethoxam for 14 days at concentra- tions up to 2,500 ppm. 870.5300 Gene mutation in chinese hamster V79 cells at No evidence of gene mutation when tested up to solubility limit. HGPRT locus
870.5375 CHO cell cytogenetics No evidence of chromosomal aberrations when tested up tocytotoxic or solubility limit concentrations.
870.5395 In vivo mouse bone marrow micronucleus Negative when tested up to levels of toxicity in whole ani- mals;however no evidence of target cell cytotoxicity.
870.5550 UDS assay Negative when tested up to precipitating concentrations
870.6200a Acute neurotoxicity screening battery - rat NOAEL = 100 mg/kg/day LOAEL = 500 mg/kg/day based on drooped palpebral closure, de- crease in rectal temperature and locomotor activity and increase in forelimb grip strength (males only). At higher dose levels, mortality, abnormal body tone, ptosis, impaired respiration, tremors, longer latency to first step in the open field, crouched-over posture, gait impairment, hypo-arousal, decreased number of rears, uncoordi- nated landing during the righting reflex test, slight lacrimation (fe- males only) and higher mean average input stimulus value in the auditory startle response test (males only).
870.6200b Subchronic neurotoxicity screening battery - rat NOAEL = 95.4 (males), 216.4 (females) mg/kg/day, both highestdose tested. LOAEL = not determined. No treatment-related observations at any dose level. LOAEL was not achieved. May not have been tested at sufficiently high dose levels; however, new study not required because the weight of the evidence from the other toxicity studies indicates no evidence of concern.
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TABLE 1.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY—Continued
Guideline No. Study Type Results
870.7485 Metabolism and pharmacokinetics - rat Absorbed rapidly and extensively, widely distributed, followed byvery rapid elimination, mostly in urine. Highest tissue concentrations in skeletal muscle: 10–15% of administered dose. Half life times from tissues ranged from 2–6 hours. Tissue residues after 7 days ex- tremely low. Approximately 84–95% of administered dose excreted in urine and 2.5–6% excreted in feces within 24 hours. Greater than 0.2% detected in expired air. Most excreted as unchanged parent: 70–80% of dose. The major biotransformation reaction is cleavage of oxadiazine ring to corresponding nitroguanidine com- pound. Minor pathways: (1) cleavage of nitroguanidine group yield- ing guanidine derivative, (2) hydrolysis of guanidine group to cor- responding urea, (3) demethylation of guanidine group, and (4) substitution of the chlorine of the thiazole ring by glutathione. Cleavage between thiazole- and oxadiazine ring occurs to a small extent. Glutathione derivatives prone to further degradation of the glutathione moiety resulting in various sulfur-containing metabolites (e.g. mercapturates, sulfides, and sulfoxides). Both the thiazole and oxadiazine moiety susceptible to oxidative attack. Small but meas- urable amounts exhaled, most probably as CO2. Metabolites elimi- nated very rapidly. Enterohepatic circulation negligible.
870.7485 Metabolism and pharmacokinetics - mouse Approximately 72% of administered dose excreted in the urine;19% excreted in feces. Small but measurable amount detected in ex- pired air(approximately 0.2% of dose). Predominant metabolites: unchanged parent (33–41% of adminis- tered dose; 2 other metabolites: 8–12% and 9–18% of adminis- tered dose. These are the same structures that were most com- monly observed in rat excreta, however the proportions are quite different in mouse excreta. One additional significant metabolite (mouse R6) was isolated from feces samples. Between 30–60% of the administered dose was excreted as metabolites.
870.7600 Dermal penetration - rat Estimates of dermal absorption were based on the sum ofradioactivity in skin test site, urine, feces, blood, and carcass. Percentage dermal absorption is 27.0, highest mean dermal ab- sorption value across all groups. This value is considered to rep- resent the potential cumulative dermal absorption of test material that might occur after a 10 hour dermal exposure. As the study de- sign did not permit analysis of the fate of skin bound residues, resi- dues at skin site were included in determination of dermal absorp- tion.
Hepatic cell proliferation study - mouse NOAEL = 16 (males), 20 (females) mg/kg/day LOAEL = 72 (males), 87 (females) mg/kg/day based on proliferative activity of hepatocytes. At higher dose levels, increases in absolute and relative liver wts, speckled liver, hepatocellular glycogenesis/ fatty change, hepatocellular necrosis, apoptosis and pigmentation were observed.
Replicative DNA 28–day feeding study - male rat NOAEL = 711 mg/kg/day (highest dose tested) synthesis LOAEL = not established. Immunohistochemical staining of liver sec- tions from control and high-dose animals for proliferating cell nu- clear antigen gave no indication for a treatment-related increase in the fraction of DNA synthesizing hepatocytes in S-phase. CGA 293343 did not stimulate hepatocyte cell proliferation in male rats.
Special study to NOAEL = 17 (males), 20 (females) mg/kg/day assess liver bio- chemistry in mouse LOAEL = 74 (males), 92 (females) mg/kg/day based on marginal to slight increases in absolute and relative liver weights, a slight in- crease in the microsomal protein content of the livers, moderate in- creases in the cytochrome P450 content, slight to moderate in- creases in the activity of several microsomal enzymes, slight to moderate induction of cytosolic glutathione S-transferase activity. Treatment did not affect peroxisomal fatty acid β-oxidation.
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B. Toxicological Endpoints the RfD is equal to the NOAEL divided assumes that any amount of exposure The dose at which no adverse effects by the appropriate UF (RfD = NOAEL/ will lead to some degree of cancer risk. are observed (the NOAEL) from the UF). Where an additional safety factor is A Q* is calculated and used to estimate toxicology study identified as retained due to concerns unique to the risk which represents a probability of appropriate for use in risk assessment is FQPA, this additional factor is applied occurrence of additional cancer cases used to estimate the toxicological level to the RfD by dividing the RfD by such (e.g., risk is expressed as 1 x 10-6 or one of concern (LOC). However, the lowest additional factor. The acute or chronic in a million). Under certain specific dose at which adverse effects of concern Population Adjusted Dose (aPAD or circumstances, MOE calculations will are identified (the LOAEL) is sometimes cPAD) is a modification of the RfD to be used for the carcinogenic risk used for risk assessment if no NOAEL accommodate this type of FQPA Safety assessment. In this non-linear approach, was achieved in the toxicology study Factor. a ‘‘point of departure’’ is identified selected. An uncertainty factor (UF) is For non-dietary risk assessments below which carcinogenic effects are (other than cancer) the UF is used to applied to reflect uncertainties inherent not expected. The point of departure is determine the LOC. For example, when in the extrapolation from laboratory typically a NOAEL based on an 100 is the appropriate UF (10X to animal data to humans and in the endpoint related to cancer effects account for interspecies differences and variations in sensitivity among members though it may be a different value of the human population as well as 10X for intraspecies differences) the derived from the dose response curve. other unknowns. An UF of 100 is LOC is 100. To estimate risk, a ratio of To estimate risk, a ratio of the point of routinely used, 10X to account for the NOAEL to exposures (margin of interspecies differences and 10X for exposure (MOE) = NOAEL/exposure) is departure to exposure (MOEcancer = point intra species differences. calculated and compared to the LOC. of departure/exposures) is calculated. A For dietary risk assessment (other The linear default risk methodology summary of the toxicological endpoints than cancer) the Agency uses the UF to (Q*) is the primary method currently for thiamethoxam used for human risk calculate an acute or chronic reference used by the Agency to quantify assessment is shown in the following dose (acute RfD or chronic RfD) where carcinogenic risk. The Q* approach Table 2:
TABLE 2.—SUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR THIAMETHOXAM FOR USE IN HUMAN RISK ASSESSMENT
FQPA SF* and Level of Exposure Scenario Dose Used in Risk Concern for Risk Study and Toxicological Effects Assessment, UF Assessment
Acute Dietary general popu- NOAEL = 100 mg/kg/ FQPA SF = 10; aPAD Acute mammalian neurotoxicity study in the rat lation including infantsand day; UF = 100; Acute = acute RfD/FQPA children RfD = 1 mg/kg/day SF = 0.1 mg/kg/day LOAEL = 500 mg/kg/day based on treatment-related neurobehavioraleffects observed in the FOB and LMA testing (drooped palpebral closure,decreased rectal tem- perature and locomotor activity, increased forelimbgrip strength)
Chronic Dietary all populations NOAEL = 0.6 mg/kg/ FQPA SF = 10; cPAD 2-Generation reproduction study day; UF = 100; = chronic RfD/FQPA Chronic RfD = 0.006 SF = 0.0006 mg/kg/ mg/kg/day day LOAEL = 1.8 mg/kg/day based on increased incidence and severity oftubular atrophy in testes of F1 generation males.
Oral Nondietary (all durations) NOAEL = 0.6 mg/kg/ LOC for MOE = 1,000 2-Generation reproduction study day (Residential) LOAEL = 1.8 mg/kg/day based on increased incidence and severity of tubular atrophy in testes of F1 generation males.
Dermal (all durations) (Resi- Oral study NOAEL= 0.6 LOC for MOE = 1,000 2-Generation reproduction study dential) mg/kg/day (dermal (Residential) absorptionrate = 27%) LOC for MOE = 100 LOAEL = 1.8 mg/kg/day based on increased incidence and (Occupational) severity of tubular atrophy in testes of F1 generation males.
Inhalation (all durations) (Resi- Oral study NOAEL = LOC for MOE = 1,000 2-Generation reproduction study dential) 0.6 mg/kg/day (inha- (Residential) lation absorption rate =100%) LOC for MOE = 100 LOAEL = 1.8 mg/kg/day based on increased incidence and (Occupational) severity oftubular atrophy in testes of F1 generation males.
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TABLE 2.—SUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR THIAMETHOXAM FOR USE IN HUMAN RISK ASSESSMENT—Continued
FQPA SF* and Level of Exposure Scenario Dose Used in Risk Concern for Risk Study and Toxicological Effects Assessment, UF Assessment
Cancer (oral, dermal, inhala- Q1* (mg/kg/day)-1 is Greater than 1 x 10-6 Likely carcinogen for humans based on increased tion) 3.77 x 10-2 incidenceof hepatocellular adenomas and carcinomas in male and female mice.Quantification of risk based on most potent unit risk: male mouse liveradenoma and/or carcinoma combined tumor rate. The upper bound estimateof unit risk, Q1* (mg/kg/day)-1 is 3.77 x 10-2 in human equivalents. * The reference to the FQPA Safety Factor refers to any additional safety factor retained due to concerns unique to the FQPA.
C. Exposure Assessment ii. Chronic exposure.In conducting section 408(b)(2)(E), EPA will issue a this chronic dietary risk assessment the data call-in for information relating to 1. Dietary exposure from food and DEEM analysis evaluated the anticipated residues to be submitted no feed uses. Tolerances have been individual food consumption as later than 5 years from the date of established (40 CFR 180.565) for the reported by respondents in the USDA issuance of this tolerance. combined residues of thiamethoxam 1989–1992–nationwide CSFII and and its metabolite, in or on a variety of Section 408(b)(2)(F) states that the accumulated exposure to the chemical Agency may use data on the actual raw agricultural commodities. The for each commodity. The following following raw agricultural commodities percent of food treated for assessing assumptions were made for the chronic chronic dietary risk only if the Agency have established tolerances: barley, exposure assessments: percent crop canola, cotton, sorghum, wheat, milk, can make the following findings: treated (based on projected market Condition 1, that the data used are and the meat and meat byproducts of shares) and anticipated residues (Tier cattle, goats, horses, and sheep. Risk reliable and provide a valid basis to 3). show what percentage of the food assessments were conducted by EPA to iii. Cancer. The dietary exposure for derived from such crop is likely to assess dietary exposures from determining cancer risk is based on the contain such pesticide residue; thiamethoxam in food as follows: chronic exposure explained in the Condition 2, that the exposure estimate i. Acute exposure. Acute dietary risk previous paragraph using the same does not underestimate exposure for any assessments are performed for a food- assumptions. use pesticide if a toxicological study has Section 408(b)(2)(E) authorizes EPA to significant subpopulation group; and indicated the possibility of an effect of use available data and information on Condition 3, if data are available on concern occurring as a result of a one the anticipated residue levels of pesticide use and food consumption in day or single exposure. The Dietary pesticide residues in food and the actual a particular area, the exposure estimate Exposure Evaluation Model (DEEM) levels of pesticide chemicals that have does not understate exposure for the analysis evaluated the individual food been measured in food. If EPA relies on population in such area. In addition, the consumption as reported by such information, EPA must require that Agency must provide for periodic respondents in the USDA 1989–1992– data be provided 5 years after the evaluation of any estimates used. To nationwide Continuing Surveys of Food tolerance is established, modified, or provide for the periodic evaluation of Intake by Individuals (CSFII) and left in effect, demonstrating that the the estimate of percent crop treated accumulated exposure to the chemical levels in food are not above the levels (PCT) as required by section for each commodity. The following anticipated. Following the initial data 408(b)(2)(F), EPA may require assumptions were made for the acute submission, EPA is authorized to registrants to submit data on PCT. exposure assessments: tolerence level require similar data on a time frame it The Agency used percent crop treated residues and 100% crop treated. deems appropriate. As required by (PCT information as follows in Table 3:
TABLE 3.—THIAMETHOXAM USES AND ESTIMATES OF PERCENT CROP TREATED
Crop Percent Crop Treated
Tuberous and Corm Vegetables - Crop Subgroup 1 C ...... 9 Fruiting Vegetables (Except Cucurbits - Crop Group 8 ...... 15 Cucumbers ...... 5 Melons ...... 13 Casabas ...... 44 Crenshaws ...... 44 Squash ...... 44 Pumpkin ...... 44 Apples ...... 15–20 Crabapples ...... 53 Pears ...... 9 Quinces ...... 53 Loquats ...... 53
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The Agency used information drinking water concentrations would tolerance action, therefore, EPA has not provided by the registrant to determine ever exceed human health levels of assumed that thiamethoxam has a percent crop treated based on projected concern. common mechanism of toxicity with percent market share information. The Since the models used are considered other substances. For information Agency believes that the procedures to be screening tools in the risk regarding EPA’s efforts to determine used were the best available, because assessment process, the Agency does which chemicals have a common thiamethoxam is a new chemical and not use estimated environmental mechanism of toxicity and to evaluate has never been used. As to Conditions concentrations (EECs) from these the cumulative effects of such 2 and 3, regional consumption models to quantify drinking water chemicals, see the final rule for information and consumption exposure and risk as a %RfD or %PAD. Bifenthrin Pesticide Tolerances (62 FR information for significant Instead, drinking water levels of 62961, November 26, 1997). subpopulations is taken into account comparison (DWLOCs) are calculated D. Safety Factor for Infants and through EPA’s computer-based model and used as a point of comparison Children for evaluating the exposure of against the model estimates of a significant subpopulations including pesticide’s concentration in water. 1. Safety factor for infants and several regional groups. Use of this DWLOCs are theoretical upper limits on children—i. In general. FFDCA section consumption information in EPA’s risk a pesticide’s concentration in drinking 408 provides that EPA shall apply an assessment process ensures that EPA’s water in light of total aggregate exposure additional tenfold margin of safety for exposure estimate does not understate to a pesticide in food, and from infants and children in the case of exposure for any significant residential uses. Since DWLOCs address threshold effects to account for prenatal subpopulation group and regional total aggregate exposure to and postnatal toxicity and the populations. thiamethoxam they are further completeness of the database on toxicity 2. Dietary exposure from drinking discussed in the aggregate risk sections and exposure unless EPA determines water. The Agency lacks sufficient below. that a different margin of safety will be monitoring exposure data to complete a Based on the PRZM/EXAMS and SCI- safe for infants and children. Margins of comprehensive dietary exposure GROW models the estimated safety are incorporated into EPA risk analysis and risk assessment for environmental concentrations (EECs) of assessments either directly through use thiamethoxam in drinking water. thiamethoxam for acute exposures are of a margin of exposure (MOE) analysis Because the Agency does not have estimated to be 8.0 parts per billion or through using uncertainty (safety) comprehensive monitoring data, (ppb) for surface water and 1.94 ppb for factors in calculating a dose level that drinking water concentration estimates ground water. The EECs for chronic poses no appreciable risk to humans. are made by reliance on simulation or exposures are estimated to be 0.6 ppb ii. Prenatal and postnatal sensitivity. modeling taking into account data on for surface water, and 1.94 ppb for The developmental toxicity studies the physical characteristics of ground water. indicated no quantitative or qualitative thiamethoxam. 3. From non-dietary exposure. The evidence of increased susceptibility of The Agency uses the Generic term ‘‘residential exposure’’ is used in rat or rabbit fetus to in utero exposure Estimated Environmental Concentration this document to refer to non- based on the fact that the developmental (GENEEC) or the Pesticide Root Zone/ occupational, non-dietary exposure NOAELs are either higher than or equal Exposure Analysis Modeling System (e.g., for lawn and garden pest control, to the maternal NOAELs. However, the (PRZM/EXAMS) to estimate pesticide indoor pest control, termiticides, and reproductive studies indicate effects in concentrations in surface water and SCI- flea and tick control on pets). male rats in the form of increased GROW, which predicts pesticide Thiamethoxam is not registered for incidence and severity of testicular concentrations in groundwater. In use on any sites that would result in tubular atrophy. These data are general, EPA will use GENEEC (a tier 1 residential exposure. Although such considered to be evidence of increased model) before using PRZM/EXAMS (a uses have been requested, they are not quantitative susceptibility for male pups tier 2 model) for a screening-level being assessed at this time. when compared to the parents. assessment for surface water. The 4. Cumulative exposure to substances iii. Conclusion. Based on: (a) effects GENEEC model is a subset of the PRZM/ with a common mechanism of toxicity. on endocrine organs observed across EXAMS model that uses a specific high- Section 408(b)(2)(D)(v) requires that, species; (b) the significant decrease in end runoff scenario for pesticides. when considering whether to establish, alanine amino transferase levels in the GENEEC incorporates a farm pond modify, or revoke a tolerance, the companion animal studies and in the scenario, while PRZM/EXAMS Agency consider ‘‘available dog studies; (c) the mode of action of incorporate an index reservoir information’’ concerning the cumulative this chemical in insects (interferes with environment in place of the previous effects of a particular pesticide’s the nicotinic acetyl choline receptors of pond scenario. The PRZM/EXAMS residues and ‘‘other substances that the insect’s nervous system) thus a model includes a percent crop area have a common mechanism of toxicity.’’ developmental neurotoxicity study is factor as an adjustment to account for EPA does not have, at this time, required; (d) the transient clinical signs the maximum percent crop coverage available data to determine whether of neurotoxicity in several studies within a watershed or drainage basin. thiamethoxam has a common across species; and (e) the suggestive None of these models include mechanism of toxicity with other evidence of increased quantitative consideration of the impact processing substances or how to include this susceptibility in the rat reproduction (mixing, dilution, or treatment) of raw pesticide in a cumulative risk study, the Agency is retaining the FQPA water for distribution as drinking water assessment. Unlike other pesticides for factor which is l0X. would likely have on the removal of which EPA has followed a cumulative pesticides from the source water. The risk approach based on a common E. Aggregate Risks and Determination of primary use of these models by the mechanism of toxicity, thiamethoxam Safety Agency at this stage is to provide a does not appear to produce a toxic To estimate total aggregate exposure coarse screen for sorting out pesticides metabolite produced by other to a pesticide from food, drinking water, for which it is highly unlikely that substances. For the purposes of this and residential uses, the Agency
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calculates DWLOCs which are used as a consumption values vary on an impacts of residues of the pesticide in point of comparison against the model individual basis. This variation will be drinking water as a part of the aggregate estimates of a pesticide’s concentration taken into account in more refined risk assessment process. in water (EECs). DWLOC values are not screening-level and quantitative 1. Acute risk. Using the exposure regulatory standards for drinking water. drinking water exposure assessments. assumptions discussed in this unit for DWLOCs are theoretical upper limits on Different populations will have different acute exposure, the acute dietary a pesticide’s concentration in drinking DWLOCs. Generally, a DWLOC is exposure from food to thiamethoxam water in light of total aggregate exposure calculated for each type of risk will occupy 3% of the aPAD for the U.S. to a pesticide in food and residential assessment used: acute, short-term, population, 2% of the aPAD for females uses. In calculating a DWLOC, the intermediate-term, chronic, and cancer. Agency determines how much of the When EECs for surface water and 13–50 years old, 8% of the aPAD for all acceptable exposure (i.e., the PAD) is groundwater are less than the calculated infants less than 1 year old and 7% of available for exposure through drinking DWLOCs, the Office of Pesticide the aPAD for children 1–6 years old. In water e.g., allowable chronic water Programs (OPP) concludes with addition, there is potential for acute exposure (mg/kg/day) = cPAD - (average reasonable certainty that exposures to dietary exposure to thiamethoxam in food + residential exposure). This the pesticide in drinking water (when drinking water. The surface water EEC µ allowable exposure through drinking considered along with other sources of is 8.0 g/L and the ground water EEC is water is used to calculate a DWLOC. exposure for which OPP has reliable 1.94 µg/L. Since the surface water value A DWLOC will vary depending on the data) would not result in unacceptable is greater than the ground water value, toxic endpoint, drinking water levels of aggregate human health risk at the surface water value will be used for consumption, and body weights. Default this time. Because OPP considers the comparison purposes and will protect body weights and consumption values aggregate risk resulting from multiple for any concerns for ground water as used by the USEPA Office of Water exposure pathways associated with a concentrations. After calculating are used to calculate DWLOCs: 2L/70 kg pesticide’s uses, levels of comparison in DWLOCs and comparing them to the (adult male), 2L/60 kg (adult female), drinking water may vary as those uses EECs for surface water, EPA does not and 1L/10 kg (child). Default body change. If new uses are added in the expect the aggregate exposure to exceed weights and drinking water future, OPP will reassess the potential 100% of the aPAD.
TABLE 4.—AGGREGATE RISK ASSESSMENT FOR ACUTE EXPOSURE TO THIAMETHOXAM
Surface aPAD(mg/ %aPAD Water Ground Acute Population Subgroupa Water DWLOC kg) (Food) DWEC b (ppb) DWEC(ppb) (ppb)
U.S. General Population 0.1 3 8 1.94 3,400 All infants (< 1 year) 0.1 8 8 1.94 920 Children (1–6 years) 0.1 7 8 1.94 930 Children (7–12 years) 0.1 4 8 1.94 960 Females (13–50 years) 0.1 2 8 1.94 2,900 aPopulation subgroups shown include the U.S. general population and the maximally exposed subpopulation of adults, infants and children, and women of child-bearing age for each exposure scenario. bDWLOC = Maximum Water Exposure (mg/kg/day) — 1,000 µg/mg — body weight (70 kg general population/males 13+, 60 kg females 13+, 10 kg infants and children) ÷ Water Consumption (2 L/day adults, 1 L/day infants and children). Maximum water exposure = aPAD - dietary ex- posure (mg/kg/day)
2. Chronic risk. Using the exposure addressed in this risk assessment. In comparison purposes and will protect assumptions described in this unit for addition to chronic dietary exposure, for any concerns for surface water chronic exposure, EPA has concluded there is potential for chronic dietary concentrations. After calculating the that exposure to thiamethoxam from exposure to thiamethoxam in drinking DWLOCs and comparing them to the food will utilize 5% of the cPAD for the water. The surface water EEC is 0.6 µg/ EECs for groundwater, EPA does not U.S. population, 13% of the cPAD for L and the groundwater EEC is 1.94 µg/ expect the aggregate exposure to exceed < all infants 1 year old and 13% of the L. Since the groundwater value is 100% of the cPAD. cPAD for children 1–6 years old. greater than the surface water value, the Proposed residential uses are not being groundwater value will be used for
TABLE 5.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER) EXPOSURE TO THIAMETHOXAM
Surface Ground cPAD mg/ cPAD Water Water DWLOC Population Subgroup kg/day (Food) DWEC DWEC (ppb) (ppb) (ppb)
U.S. Population 0.0006 5 0.6 1.94 20 All infants (< 1 year) 0.0006 13 0.6 1.94 5.2 Children (1–6 years) 0.0006 13 0.6 1.94 5.2 Children (7–12 years) 0.0006 7 0.6 1.94 5.6 Females (13–50 years) 0.0006 3 0.6 1.94 17
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3. Short-term risk. Short-term The surface water EEC is 0.6 µg/L and iv. Currently there is no exposure to aggregate exposure takes into account the ground water EEC is 1.94 µg/L. thiamethoxam through drinking water. residential exposure plus chronic Since the ground water value is greater The Agency is establishing conditions of exposure to food and water (considered than the surface water value it will be registration for the subject uses of this to be a background exposure level). used for comparison purposes and will document which will include two Thiamethoxam is not registered for use protect for any concerns for surface prospective ground water studies and a on any sites that would result in water concentrations. The estimated retrospective monitoring study, so that residential exposure. Therefore, the chronic ground water value for the reasonable certainty of no harm aggregate risk is the sum of the risk from thiamethoxam (1.94 µg/L) is greater than finding will be sustained. food and water, which does not exceed the DWLOCcancer for the general v. The cancer risk from the food uses the Agency’s level of concern. population using the 20% market share alone is 1.0 x 10-6. The dietary risk is 4. Intermediate-term risk. for apples. Using the 5% market share, based on residue data derived from the Intermediate-term aggregate exposure the DWLOCcancer is less than the average of field trials, which were takes into account residential exposure Agency’s level of concern. performed at a higher applied on rate plus chronic exposure to food and water The Agency used a screening level than were accepted by the EPA. It is not (considered to be a background model designed to estimate pesticide unusual in the Agency’s experience for exposure level). Thiamethoxam is not concentrations in shallow groundwater. field trial data to be an order of registered for use on any sites that Although the 20% market share for magnitude above actual monitoring. would result in residential exposure. apples results in EECs that are Since thiamethoxam is not registered Therefore, the aggregate risk is the sum marginally above the DWLOCcancer, a (for uses other than very recently of the risk from food and water, which number of factors lead EPA to believe registered seed treatments), actual does not exceed the Agency’s level of that the actual lifetime exposure monitoring data is not available. It is concern. through drinking water will be less than likely that the actual risk contribution the DWLOCcancer. These reasons are as from food will be much lower than 5. Aggregate cancer risk for U.S. follows: current data indicate, which would population. The cancer aggregate dietary i. Thiamethoxam is systemic. EPA’s result in a larger DWLOCcancer. EPA risk estimate was calculated in two Tier 1 groundwater model assumes that expects that this refined DWLOCcancer ways, one using the Agency’s 20% all of the product that is applied to the would be larger than the EECs for the estimated market share for apples and crop is available for runoff. The proposed uses. the other using a 5% estimated market registrant has submitted data to show Thus, EPA does not expect that the share for apples (as indicated by the that a percentage (15–25%) of the general population would be exposed to registrant). The dietary (food only) product is absorbed by the plant, levels exceeding the DWLOCcancer over a -6 cancer risk is either 1.0 x 10 or 0.70 resulting in that much less product lifetime. x 10-6 with the 20% or 5% estimated available to leach into groundwater. 6. Determination of safety. Based on market share for apples, respectively. Although the registrant has submitted these risk assessments, EPA concludes With the 20% market share, it is not data on only 2 crops, beans and that there is a reasonable certainty that possible to estimate a DWLOC for cucumbers, it is likely that the total no harm will result to the general cancer based on an assumed negligible amount of thiamethoxam that is population, and to infants and children risk value of 1.0 x 10-6. Using the latter available to leach into groundwater is from aggregate exposure to with 5% market share for apples, the less than the amount EPA uses as an thiamethoxam residues. DWLOC is extremely low (0.23 ppb). input into its model. Due to a limited IV. Other Considerations Therefore, for risk management data on the amount absorbed, EPA is purposes, an assumed negligible risk unable to quantify this. A. Analytical Enforcement Methodology value of 3.0 x 10-6 will be used to ii. Although the Agency model is Adequate enforcement methodology estimate the DWLOC for cancer. The based on aerobic soil half lives, EPA’s (HPLC/UV or MS) is available to enforce DWLOC for cancer aggregate risk (no risk assessment for cancer estimate is for the tolerance expression. The method residential uses) is calculated using the lifetime exposure. Data indicate the may be requested from: Calvin Furlow, following equations: anaerobic aquatic half life for µ PIRIB, IRSD (7502C), Office of Pesticide DWLOCcancer( g/L) = chronic water thiamethoxam is shorter than the Programs, Environmental Protection exposure(mg/kg/day) x (body weight (kg))/ aerobic soil half life and longer than the -3 µ Agency, 1200 Pennsylvania Ave., NW, consumption (L) x 10 mg/ g aerobic aquatic half life. Although EPA Washington, DC 20460; telephone chronic water exposure (mg/kg/ is unable to predict with a high degree number: (703) 305–5229; e-mail address: day)=negligible risk/Q* - chronic food of certainty about what happens to [email protected]. exposure(mg/kg/day) thiamethoxam over time in Assuming a risk value of 3 x 10-6, groundwater, this does provide some B. International Residue Limits (which is generally considered to be support for an expectation that There are no international residue within the range of 10-6, the risk value concentrations in groundwater will limits for thiamethoxam. considered to represent a negligible decline between annual applications. iii. Shallow groundwater modeling is C. Conditions cancer risk), for the 20% market share not the perfect model for representing for apples, the chronic water exposure Registration of the proposed uses will all drinking water from ground water value is estimated to be: include the requirement for two 3 x 10-6/3.77 x 10-2 - 0.000027 = 0.0000525 sources. It is likely to be an overestimate prospective groundwater studies, as mg/kg/day of most drinking water, which tends to well as monitoring of drinking water in originate from deeper sources. EPA’s a number of states selected for high The DWLOCcancer = 0.0000525 mg/kg/day x experience is that the model is 70 kg/2L x 10-3 mg/µg = 1.8 µg/L cropping density and vulnerable soils. reasonably accurate for shallow Using the same equation, for the 5% drinking water, but the Agency believes V. Conclusion estimated market share for apples, the that it is less accurate for drinking water Therefore, the tolerances are DWLOCcancer = 2.1 µg/L. from deeper sources. established for combined residues of
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thiamethoxam, 3-[(2-chloro-5- information that does not contain CBI I.B.2. You may also send an electronic thiazolyl)methyl]tetrahydro-5-methyl-N- must be submitted for inclusion in the copy of your request via e-mail to: opp- nitro-4H-1,3,5-oxadiazin-4-imine) and public record. Information not marked [email protected]. Please use an ASCII its metabolite (N-(2-chloro-thiazol-5- confidential may be disclosed publicly file format and avoid the use of special ylmethyl)-N ′methyl-N ′′-nitro- by EPA without prior notice. characters and any form of encryption. guanidine, in or on tuberous and corm Mail your written request to: Office of Copies of electronic objections and vegetables crop subgroup at 0.02 ppm, the Hearing Clerk (1900), Environmental hearing requests will also be accepted fruiting vegetables crop group at 0.25 Protection Agency, 1200 Pennsylvania on disks in WordPerfect 6.1/8.0 or ppm, tomato paste at 0.80 ppm, cucurbit Ave., NW., Washington, DC 20460. You ASCII file format. Do not include any vegetables crop group at 0.20 ppm, and may also deliver your request to the CBI in your electronic copy. You may pome fruits crop group at 0.20 ppm. Office of the Hearing Clerk in Rm. C400, also submit an electronic copy of your Waterside Mall, 401 M St., SW., request at many Federal Depository VI. Objections and Hearing Requests Washington, DC 20460. The Office of Libraries. Under section 408(g) of the FFDCA, as the Hearing Clerk is open from 8 a.m. amended by the FQPA, any person may to 4 p.m., Monday through Friday, B. When Will the Agency Grant a file an objection to any aspect of this excluding legal holidays. The telephone Request for a Hearing? regulation and may also request a number for the Office of the Hearing A request for a hearing will be granted hearing on those objections. The EPA Clerk is (202) 260–4865. if the Administrator determines that the procedural regulations which govern the 2. Tolerance fee payment. If you file material submitted shows the following: submission of objections and requests an objection or request a hearing, you There is a genuine and substantial issue for hearings appear in 40 CFR part 178. must also pay the fee prescribed by 40 of fact; there is a reasonable possibility Although the procedures in those CFR 180.33(i) or request a waiver of that that available evidence identified by the regulations require some modification to fee pursuant to 40 CFR 180.33(m). You requestor would, if established resolve reflect the amendments made to the must mail the fee to: EPA Headquarters one or more of such issues in favor of FFDCA by the FQPA of 1996, EPA will Accounting Operations Branch, Office the requestor, taking into account continue to use those procedures, with of Pesticide Programs, P.O. Box uncontested claims or facts to the appropriate adjustments, until the 360277M, Pittsburgh, PA 15251. Please contrary; and resolution of the factual necessary modifications can be made. identify the fee submission by labeling issues(s) in the manner sought by the The new section 408(g) provides it ‘‘Tolerance Petition Fees.’’ requestor would be adequate to justify essentially the same process for persons EPA is authorized to waive any fee the action requested (40 CFR 178.32). to ‘‘object’’ to a regulation for an requirement ‘‘when in the judgement of VII. Regulatory Assessment exemption from the requirement of a the Administrator such a waiver or Requirements tolerance issued by EPA under new refund is equitable and not contrary to section 408(d), as was provided in the the purpose of this subsection.’’ For This final rule establishes a tolerance old FFDCA sections 408 and 409. additional information regarding the under FFDCA section 408(d) in However, the period for filing objections waiver of these fees, you may contact response to a petition submitted to the is now 60 days, rather than 30 days. James Tompkins by phone at (703) 305– Agency. The Office of Management and 5697, by e-mail at Budget (OMB) has exempted these types A. What Do I Need to Do to File an [email protected], or by mailing a of actions from review under Executive Objection or Request a Hearing? request for information to Mr. Tompkins Order 12866, entitled Regulatory You must file your objection or at Registration Division (7505C), Office Planning and Review (58 FR 51735, request a hearing on this regulation in of Pesticide Programs, Environmental October 4, 1993). This final rule does accordance with the instructions Protection Agency, 1200 Pennsylvania not contain any information collections provided in this unit and in 40 CFR part Ave., NW., Washington, DC 20460. subject to OMB approval under the 178. To ensure proper receipt by EPA, If you would like to request a waiver Paperwork Reduction Act (PRA), 44 you must identify docket control of the tolerance objection fees, you must U.S.C. 3501 et seq., or impose any number OPP–301132 in the subject line mail your request for such a waiver to: enforceable duty or contain any on the first page of your submission. All James Hollins, Information Resources unfunded mandate as described under requests must be in writing, and must be and Services Division (7502C), Office of Title II of the Unfunded Mandates mailed or delivered to the Hearing Clerk Pesticide Programs, Environmental Reform Act of 1995 (UMRA) (Public on or before July 23, 2001. Protection Agency, 1200 Pennsylvania Law 104–4). Nor does it require any 1. Filing the request. Your objection Ave., NW., Washington, DC 20460. special considerations under Executive must specify the specific provisions in 3. Copies for the Docket. In addition Order 12898, entitled Federal Actions to the regulation that you object to, and the to filing an objection or hearing request Address Environmental Justice in grounds for the objections (40 CFR with the Hearing Clerk as described in Minority Populations and Low-Income 178.25). If a hearing is requested, the Unit VI.A., you should also send a copy Populations (59 FR 7629, February 16, objections must include a statement of of your request to the PIRIB for its 1994); or OMB review or any other the factual issues(s) on which a hearing inclusion in the official record that is Agency action under Executive Order is requested, the requestor’s contentions described in Unit I.B.2. Mail your 13045, entitled Protection of Children on such issues, and a summary of any copies, identified by docket control from Environmental Health Risks and evidence relied upon by the objector (40 number OPP–301132, to: Public Safety Risks (62 FR 19885, April 23, CFR 178.27). Information submitted in Information and Records Integrity 1997). This action does not involve any connection with an objection or hearing Branch, Information Resources and technical standards that would require request may be claimed confidential by Services Division (7502C), Office of Agency consideration of voluntary marking any part or all of that Pesticide Programs, Environmental consensus standards pursuant to section information as CBI. Information so Protection Agency, 1200 Pennsylvania 12(d) of the National Technology marked will not be disclosed except in Ave., NW., Washington, DC 20460. In Transfer and Advancement Act of 1995 accordance with procedures set forth in person or by courier, bring a copy to the (NTTAA), Public Law 104–113, section 40 CFR part 2. A copy of the location of the PIRIB described in Unit 12(d) (15 U.S.C. 272 note). Since
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tolerances and exemptions that are Executive Order 13175 does not apply ENVIRONMENTAL PROTECTION established on the basis of a petition to this rule. AGENCY under FFDCA section 408(d), such as VIII. Submission to Congress and the the tolerance in this final rule, do not 40 CFR Part 272 Comptroller General require the issuance of a proposed rule, [FRL–6983–2] the requirements of the Regulatory The Congressional Review Act, 5 Flexibility Act (RFA) (5 U.S.C. 601 et U.S.C. 801 et seq., as added by the Small Wisconsin: Clarification of Codification seq.) do not apply. In addition, the Business Regulatory Enforcement of Approved State Hazardous Waste Agency has determined that this action Fairness Act of 1996, generally provides Program for Wisconsin will not have a substantial direct effect that before a rule may take effect, the on States, on the relationship between agency promulgating the rule must AGENCY: Environmental Protection the national government and the States, submit a rule report, which includes a Agency (EPA). or on the distribution of power and copy of the rule, to each House of the ACTION: Clarification. responsibilities among the various Congress and to the Comptroller General of the United States. EPA will submit a SUMMARY: Under the Resource levels of government, as specified in Conservation and Recovery Act of 1976, Executive Order 13132, entitled report containing this rule and other required information to the U.S. Senate, as amended, the Environmental Federalism (64 FR 43255, August 10, Protection Agency (EPA) may grant 1999). Executive Order 13132 requires the U.S. House of Representatives, and the Comptroller General of the United Final Authorization to States to operate EPA to develop an accountable process their hazardous waste management to ensure ‘‘meaningful and timely input States prior to publication of this final rule in the Federal Register. This final programs in lieu of the Federal program. by State and local officials in the EPA uses part 272 of title 40 of the Code development of regulatory policies that rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). of Federal Regulations (40 CFR part 272) have federalism implications.’’ ‘‘Policies to codify its authorization of State that have federalism implications’’ is List of Subjects in 40 CFR Part 180 programs. Through codification the defined in the Executive Order to Environmental protection, authorized elements of approved State include regulations that have Administrative practice and procedure, programs are placed in the Code of ‘‘substantial direct effects on the States, Agricultural commodities, Pesticides Federal Regulations (CFR). The on the relationship between the national and pests, Reporting and recordkeeping codification of State programs is government and the States, or on the requirements. designed to enhance the public’s ability distribution of power and Dated:May 14, 2001. to discern the current status of the responsibilities among the various approved State program and to better James Jones, levels of government.’’ This final rule alert the public to the specific State directly regulates growers, food Director, Registration Division, Office of regulations that the Federal government Pesticide Programs. processors, food handlers and food can enforce if necessary. The purpose of retailers, not States. This action does not Therefore, 40 CFR chapter I is today’s Federal Register document is to alter the relationships or distribution of amended as follows: clarify EPA’s codification of power and responsibilities established Wisconsin’s authorized hazardous waste PART 180—[AMENDED] by Congress in the preemption program. provisions of FFDCA section 408(n)(4). 1. The authority citation for part 180 FOR FURTHER INFORMATION CONTACT: For these same reasons, the Agency has continues to read as follows: determined that this rule does not have Denise Reape, U.S. EPA Region 5, Waste any tribal implications as described in Authority: 21 U.S.C. 321(q), 346(a) and Pesticides and Toxics Division, Program Executive Order 13175, entitled 371. Management Branch (DM–7J), 77 W. Consultation and Coordination with 2. Section 180.565 is amended by Jackson Blvd., Chicago, IL 60604, Phone Indian Tribal Governments (65 FR alphabetically adding commodities to (312) 353–7925. 67249, November 6, 2000). Executive the table in paragraph (a) to read as SUPPLEMENTARY INFORMATION: follows: Order 13175, requires EPA to develop I. General Information an accountable process to ensure § 180.565 Thiamethoxam; tolerances for A. Does This Action Apply to Me? meaningful and timely input by tribal resdues. officials in the development of (a) General. *** This action is directed to the public regulatory policies that have tribal in general. This document clarifies implications. Policies that have tribal certain requirements of the authorized Commodity Parts per implications is defined in the Executive million RCRA program in the State of Wisconsin Order to include regulations that have and, therefore, may be of particular substantial direct effects on one or more ***** interest to persons who generate, treat, Indian tribes, on the relationship Cucurbit Vegetables Crop store, dispose of, or otherwise handle between the Federal government and Group ...... 0.2 Fruiting Vegetables Crop Group 0.25 hazardous waste in the State of the Indian tribes, or on the distribution ***** Wisconsin. of power and responsibilities between Pome Fruit Crop Group ...... 0.2 the Federal government and Indian B. How Can I Get Additional ***** Information, Including Copies of This tribes. This rule will not have Tomato Paste ...... 0.80 substantial direct effects on tribal Tuberous and Corm Vegetables Document and Other Related governments, on the relationship Crop Subgroup ...... 0.02 Documents? between the Federal government and ***** Electronically. You may obtain Indian tribes, or on the distribution of electronic copies of this document by power and responsibilities between the * * * * * going to the listings from the EPA Federal government and Indian tribes, [FR Doc. 01–12899 Filed 5–22–01; 8:45 am] Internet Home Page at http:// as specified in Executive 13175. Thus, BILLING CODE 6560–50–S www.epa.gov/. To access this
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document, on the Home Page select occur. Authorization revision FR 3783, January 30, 1986) to ‘‘Laws and Regulations’’ and then look applications generally consist of a copy implement its base hazardous waste up the entry for this document under of the State regulations, a revised management program. Wisconsin the ‘‘Federal Register—Environmental Attorney General’s (AG) statement, a received authorization for revisions to Documents.’’ You can also go directly to revised Program Description, a revised its program on June 6, 1989 (54 FR the Federal Register listings at http:// Memorandum of Agreement (MOA), or 22278, May 23, 1989), January 22, 1990 www.epa.gov/fedrgstr/. If you have any other documents EPA determines to be (54 FR 48243, November 22, 1989), questions regarding the information in necessary (see 40 CFR 271.21(b)(1)). April 24, 1992 (57 FR 15029, April 24, this notice or want copies of any other EPA maintains authority to bring 1992), August 2, 1993 (58 FR 31344, enforcement action in authorized States related documents, consult the person June 2, 1993), October 4, 1994 (59 FR under RCRA sections 3008, 3013, and listed under FOR FURTHER INFORMATION 39971, August 5, 1994) and October 4, 7003. CONTACT. 1999 (64 FR 42602, August 5, 1999). II. Background B. Why does EPA Codify Authorized EPA uses 40 CFR 272.2501 for Programs? codification of decisions to authorize A. What is Authorization? EPA codifies authorized State Wisconsin’s program and for When a state is authorized to programs through incorporating the incorporation by reference of those administer the RCRA program, EPA has authorized state law in the Code of provisions of its statutes and regulations made a determination that the state’s Federal Regulations, to better place that EPA will enforce under sections authorized program is equivalent to the regulated entities and members of the 3008, 3013 and 7003 of RCRA. EPA federal program. Thereafter the state’s public on notice of the requirements codified Wisconsin’s authorized authorized laws and regulations apply pertaining to the generation and program on April 24, 1989 (54 FR 7422, in the state in lieu of the equivalent management of hazardous waste in a February 21, 1989), May 29, 1990 (55 FR federal program regulations. ( See RCRA particular State. EPA incorporates by 11910, March 30, 1990), and November section 3006(b) and (c)). Authorized reference only the substantive 22, 1993 (58 FR 49199). States are required to maintain a authorized rules because the federal hazardous waste program that is government uses its own enforcement 2. Which Notices and Requirements are equivalent to, consistent with, and no authorities when bringing actions for Being Clarified? less stringent than the Federal alleged violations of the authorized state In the following authorization and hazardous waste program. As the RCRA program. 40 CFR part 272 has codification documents, EPA included Federal hazardous waste program been reserved for codification of references to a state variance authority changes, the States must revise their approved State RCRA programs. which allows the Wisconsin Department programs and apply for authorization of C. Wisconsin the revisions. Revisions to State of Natural Resources (WDNR) to issue hazardous waste programs may be 1. What is the Authorization and variances from hazardous waste necessary when Federal or State Codification History for Wisconsin? licensing requirements in cases of statutory or regulatory authority is Wisconsin initially received Final ‘‘undue or unreasonable hardship:’’ modified or when certain other changes Authorization on January 31, 1986 (51
Effective date FR cite This document clarifies references to
April 24, 1989 ...... 54 FR 7422, February 21, 1989, at 7424 ...... Wis. Stat. 144.64(3) and WAC NR 181.55(10). May 29, 1990 ...... 55 FR 11910, March 30, 1990, at 11911 ...... WAC NR 181.55(10). August 2, 1993 ...... 58 FR 31344, June 2, 1993, at 31344 ...... WAC NR 181.55(10). November 22, 1993 ...... 58 FR 49199, November 22, 1993, at 49200 ...... Wis. Stat. 144.64(3) and WAC NR 680.50. October 4, 1999 ...... 64 FR 42602, August 5, 1999, at 42607 ...... Wis. Stat. 144.64(3) and 291.31.
There is no analogous Federal Consequently, this document clarifies through (9) and (13) of RCRA 1 or when variance authority. The purpose of this all references to those specific state the State varies authorized State document is to clarify the limited statutory and regulatory provisions in requirements that are more stringent circumstances under which the State the authorization and codification of than current Federal requirements may use this authority to vary an Wisconsin’s hazardous waste program. imposing instead the same standards as authorized RCRA requirement. the less stringent Federal requirements. The Wisconsin legislature enacted the 3. What is the Clarification? For example, EPA may promulgate less State hardship variance in 1978 and the stringent amendments to Federal rules In the Federal Register documents WDNR adopted implementing while the States, because of a temporary listed above, EPA included reference to administrative rules in 1981. Both the lag in authorization, remain authorized section 144.64(3) or section 291.31 of statutory and administrative provisions for the pre-existing more stringent rules. have been amended and renumbered the Wisconsin Statutes and section NR over time; however, at all times relevant 181.55(10) or section NR 680.50 of the 1 Unlike the Federal RCRA program, Wisconsin’s to this clarification document the Wisconsin Administrative Code without hazardous waste requirements do not include a explaining that the use of these specific waiver for the double liner requirements for hardship variance authority has been RCRA regulated surface impoundments. Instead, codified in State law at section authorities to waive authorized RCRA the Wisconsin Attorney General, in a statement 144.64(3) or section 291.31 of the rules is generally limited to granting supporting State authorization, referenced the State Wisconsin Statutes and section NR variances from the surface hardship waiver as State authority to grant such impoundment double liner waivers. EPA is unaware of any instance wherein 181.55(10) or section NR 680.50 of the Wisconsin has granted a waiver from the double Wisconsin Administrative Code. requirements of section 3005(j)(2) liner requirements for surface impoundments.
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States may use State waiver authorities requirements. Persons who fail to List of Subjects in 47 CFR Part 73 to relax authorized State rules to the comply with RCRA program Television, Digital television extent those rules are more stringent requirements are subject to Federal broadcasting. than analogous Federal rules (See, for enforcement under sections 3008, 3013, Part 73 of Title 47 of the Code of example, 63 FR 65874 at 65925 and 7003 of RCRA. Federal Regulations is amended as (November 30, 1998)). Authority: This action is issued under the follows: In addition, if a State authorized to authority of sections 2002(a), 3006 and implement the RCRA program has a 7004(b) of the Solid Waste Disposal Act as 47 CFR Part 73—[Amended] permit waiver authority that is amended 42 U.S.C. 6912(a), 6926, 6974(b). analogous to EPA’s authority under 1. The authority citation for Part 73 section 121(e) of the Comprehensive David A. Ullrich, continues to read as follows: Acting Regional Administrator, Region 5. Environmental Response, Compensation Authority: 47 U.S.C. 154, 303, 334, 336. and Liability Act (CERCLA) or RCRA [FR Doc. 01–12894 Filed 5–22–01; 8:45 am] section 7003, it may use this authority BILLING CODE 6560–50–P § 73.622 [Amended] to waive the requirement to obtain a 2. Section 73.622(b), the Table of RCRA permit with respect to on-site Digital Television Allotments under response actions. As explained in EPA Arkansas, is amended by removing DTV guidance, the two preconditions to FEDERAL COMMUNICATIONS channel *35 and adding DTV channel allowing the use of this authority are COMMISSION *13 at Mountain View. that: ‘‘(1) The State has the authority under its own statutes or regulations to 47 CFR Part 73 Federal Communications Commission. grant permit waivers; and (2) the State Barbara A. Kreisman, waiver authority is used in no less [DA 01–1221, MM Docket No. 01–45, RM– Chief, Video Services Division, Mass Media stringent a manner than allowed under 9997] Bureau. Federal permit waiver authority, for [FR Doc. 01–12991 Filed 5–22–01; 8:45 am] example, section 7003 of RCRA or Digital Television Broadcast Service; BILLING CODE 6712–01–P section 121(e) of CERCLA.’’ (See the Mountain View, AR Memorandum, ‘‘RCRA Permit AGENCY: Federal Communications Requirements for State Superfund FEDERAL COMMUNICATIONS Commission. Actions’’, from J. Winston Porter to COMMISSION Regional Administrators, Region I–X ACTION: Final rule. (Nov. 16, 1987) (OSWER Dir. No. 47 CFR Part 73 9522.00–2).) Nothing in this SUMMARY: The Commission, at the [DA 01–1222, MM Docket No. 01–29, RM– clarification document changes or request of Arkansas Educational 10044] affects this policy in any way. Television Commission, licensee of noncommercial educational station Digital Television Broadcast Service; 4. Summary KEMB(TV), substitutes DTV channel Butte, MT The references in 40 CFR 272.2501 *13 for DTV channel *35 at Mountain AGENCY: Federal Communications and appendix A to part 272 to sections View, Arkansas. See 66 FR 12748, Commission. 144.64(3) and 291.31 of the Wisconsin February 28, 2001. DTV channel *13 Statutes and sections NR 181.55(10) and can be allotted to Mountain View in ACTION: Final rule. 680.50 of the Wisconsin Administrative compliance with the principle SUMMARY: The Commission, at the Code provide notice that the State, as community coverage requirements of request of Eagle Communications, Inc., part of the authorized program, may use section 73.625(a) at reference licensee of station KTVM(TV), this authority only: (1) to grant coordinates (35–48–47 N. and 92–17–24 substitutes DTV channel 33 for DTV variances from the surface W.) with a power of 20.0, HAAT of 425 channel 2 at Butte, Montana. See 66 FR impoundment double liner meters and with a DTV service 9062, February 6, 2001. DTV channel 33 requirements of RCRA in those cases population of 337 thousand. With this can be allotted to Butte in compliance wherein the facility meets all of the action, this proceeding is terminated. with the principle community coverage requirements of RCRA section 3005(j); DATES: Effective July 2, 2001. requirements of section 73.625(a) at (2) to grant variances from more FOR FURTHER INFORMATION CONTACT: Pam reference coordinates (46–00–27 N. and stringent authorized requirements that 112–26–30 W.) with a power of 1000, impose instead the same standards as Blumenthal, Mass Media Bureau, (202) 418–1600. HAAT of 576 meters and with a DTV the less stringent federal requirement; service population of 122 thousand. and (3) in the manner consistent with SUPPLEMENTARY INFORMATION: This is a Since Butte is located within 400 sections 7003 of RCRA or 121(e) of synopsis of the Commission’s Report kilometers of the U.S.-Canadian border, CERCLA, as described in applicable and Order, MM Docket No. 01–45, concurrence by the Canadian EPA guidance. Use of the State hardship adopted May 16, 2001, and released government has been obtained for this variance authority with respect to any May 18, 2001. The full text of this allotment. other authorized RCRA requirements is Commission decision is available for With this action, this proceeding is not part of the RCRA approved State inspection and copying during normal terminated. program. Of course, States retain business hours in the FCC Reference authority to waive or vary those State Center 445 12th Street, SW., DATES: Effective July 2, 2001. requirements that are broader in scope Washington, DC. The complete text of FOR FURTHER INFORMATION CONTACT: Pam than, and therefore not part of, the this decision may also be purchased Blumenthal, Mass Media Bureau, (202) Federal RCRA program. Therefore, with from the Commission’s copy contractor, 418–1600. certain limited exceptions discussed International Transcription Services, SUPPLEMENTARY INFORMATION: This is a herein, a State hardship variance cannot Inc., (202) 857–3800, 1231 20th Street, synopsis of the Commission’s Report excuse compliance with RCRA program NW., Washington, DC 20036. and Order, MM Docket No. 01–29,
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adopted May 16, 2001, and released DATES: Effective July 2, 2001. negative drug testing results to medical May 18, 2001. The full text of this FOR FURTHER INFORMATION CONTACT: Pam review officers (MRO) using only Commission decision is available for Blumenthal, Mass Media Bureau, (202) electronic reports and mandated the use inspection and copying during normal 418–1600. of the new Federal Drug Testing business hours in the FCC Reference SUPPLEMENTARY INFORMATION: This is a Custody and Custody Form (CCF). To Center 445 12th Street, SW., synopsis of the Commission’s Report provide laboratories lead-time to Washington, DC. The complete text of and Order, MM Docket No. 01–41, accomplish the transition to the new this decision may also be purchased adopted May 16, 2001, and released CCF, the Department, in coordination from the Commission’s copy contractor, May 18, 2001. The full text of this with HHS, has determined that earlier International Transcription Services, Commission decision is available for compliance with this reporting Inc., (202) 857–3800, 1231 20th Street, inspection and copying during normal procedure should be permitted. NW., Washington, DC 20036. business hours in the FCC Reference Additionally, the Department is also permitting early compliance with the List of Subjects in 47 CFR Part 73 Center 445 12th Street, SW., Washington, DC. The complete text of reporting of all non-negative results to Television, Digital television this decision may also be purchased the MRO using faxed or scanned copies broadcasting. from the Commission’s copy contractor, of the laboratory copy of the new CCF. Part 73 of Title 47 of the Code of International Transcription Services, This document authorizes HHS Federal Regulations is amended as Inc., (202) 857–3800, 1231 20th Street, certified laboratories to initiate follows: NW., Washington, DC 20036. electronic reporting as the only reporting necessary for negative results 47 CFR Part 73—[Amended] List of Subjects in 47 CFR Part 73 on specimens submitted to laboratories 1. The authority citation for Part 73 Television, Digital television using the new CCF and the reporting of continues to read as follows: broadcasting. non-negative results using faxed or scanned copies of Copy 1 of the new Authority: 47 U.S.C. 154, 303, 334, 336. Part 73 of Title 47 of the Code of Federal Regulations is amended as CCF. Laboratories may continue to use § 73.622 [Amended] follows: current procedures utilizing mail or 2. Section 73.622(b), the Table of courier services. Digital Television Allotments under 47 CFR Part 73—[Amended] DATES: This document permits as of Montana, is amended by removing DTV 1. The authority citation for Part 73 May 23, 2001 early compliance with the channel 2 and adding DTV channel 33 continues to read as follows: electronic reporting provisions in the at Butte. final rule published at 65 FR 79462, and Authority: 47 U.S.C. 154, 303, 334, 336. Federal Communications Commission. effective August 1, 2001. Barbara A. Kreisman, § 73.622 [Amended] FOR FURTHER INFORMATION CONTACT: Don Chief, Video Services Division, Mass Media 2. Section 73.622(b), the Table of Shatinsky, Drug and Alcohol Policy Bureau. Digital Television Allotments under Advisor, Office of Drug and Alcohol [FR Doc. 01–12990 Filed 5–22–01; 8:45 am] California, is amended by removing Policy and Compliance, Department of BILLING CODE 6712–01–P DTV channel 38 and adding DTV Transportation, 400 7th Street, SW., channel 5 at Merced. Room 10403, Washington, DC 20590, at (202) 366–3784 (voice), (202) 366–3897 Federal Communications Commission. FEDERAL COMMUNICATIONS (fax), or [email protected]/. Barbara A. Kreisman, COMMISSION SUPPLEMENTARY INFORMATION: In the Chief, Video Services Division, Mass Media Bureau. December 19, 2000, Federal Register (65 47 CFR Part 73 FR 79462), the Department published a [FR Doc. 01–12992 Filed 5–22–01; 8:45 am] [DA 01–1220, MM Docket No. 01–41, RM– comprehensive revision to its drug and BILLING CODE 6712–01–P 10058] alcohol procedures testing regulation (49 CFR Part 40). This complete revision Digital Television Broadcast Service; becomes effective August 1, 2001. In Merced, CA DEPARTMENT OF TRANSPORTATION this revision, the Department authorizes AGENCY: Federal Communications Office of the Secretary laboratories to report drug testing results Commission. to the MRO electronically and mandates use of the new shorter-version of the ACTION: Final rule. 49 CFR Part 40 Federal Drug Testing Custody and SUMMARY: The Commission, at the [Docket No. OST–1999–6578] Control Form (CCF). request of Sainte 51, L.P., permittee of Currently, the Department and HHS Procedures for Transportation station KNSO(TV), substitutes DTV permit laboratories and employers to Workplace Drug and Alcohol Testing channel 5 for DTV channel 38 at use the new CCF. The laboratory may Programs; Early Compliance Allowed Merced, California. See 66 FR 10982, transmit all results (negative and non- for Electronic Reporting February 21, 2001. DTV channel 5 can negative) to the MRO by mail or courier be allotted to Merced in compliance AGENCY: Office of the Secretary, DOT. or by either faxing the completed with the principle community coverage ACTION: Compliance date on final rule. laboratory copy (Copy 1) of the CCF or requirements of section 73.625(a) at transmitting a scanned image of the reference coordinates (37–04–18 N. and SUMMARY: In its final drug and alcohol form via computer. On August 1, 2001, 119–25–53 W.) with a power of 12.9, testing rule published on December 19, for all negative results, laboratories will HAAT of 532 meters and with a DTV 2000, and effective August 1, 2001, the be permitted to send to MROs an service population of 1452 thousand. Department authorized laboratories, electronically generated laboratory With this action, this proceeding is certified by the Department of Health report and will not need to mail, terminated. and Human Services (HHS), to report courier, fax or send a scanned copy,
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thus initiating substantial savings previous experiences, laboratories have electronic reporting (as provided in the related to processing paper records. learned that collection sites are new § 40.97) a few months earlier would Additionally, since all laboratories reluctant to destroy old forms and have a beneficial impact on the and employers must use the new shorter continue to use them until they deplete industry. Through this document, the form as of August 1, 2001, HHS has their supply. Without a phase-in period, Department consents to laboratories directed laboratories to treat submission laboratories are concerned that the using the procedures provided in the of specimens for drug testing using the continued use of old forms after August new rule before August 1, 2001. older (seven-part) form as a correctable 1, will create a substantial paper Laboratories are not required to use flaw which the laboratory must correct burden. Also, the new forms were electronic reporting, however. using a memorandum for record from designed specifically to be used with Issued this 10th day of May 2001, at the collection site. Laboratories have the electronic reporting process. Until Washington, DC. indicated to HHS and the Department this reporting process is in place, there that without a transition period to is little motivation to initiate the use of Kenneth C. Edgell, change over to the new forms and the new forms. Acting Director, Office of Drug and Alcohol, without gradual phasing in of electronic The Department is convinced that Policy and Compliance. reporting, they foresee substantial authorizing the laboratories and [FR Doc. 01–12484 Filed 5–22–01; 8:45 am] implementation problems. From employers to initiate the use of BILLING CODE 4910–62–P
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Proposed Rules Federal Register Vol. 66, No. 100
Wednesday, May 23, 2001
This section of the FEDERAL REGISTER The service information referenced in Commenters wishing the FAA to contains notices to the public of the proposed the proposed rule may be obtained from acknowledge receipt of their comments issuance of rules and regulations. The Bombardier, Inc., Canadair, Aerospace submitted in response to this action purpose of these notices is to give interested Group, P.O. Box 6087, Station Centre- must submit a self-addressed, stamped persons an opportunity to participate in the ville, Montreal, Quebec H3C 3G9, rule making prior to the adoption of the final postcard on which the following rules. Canada. This information may be statement is made: ‘‘Comments to examined at the FAA, Transport Docket No. 2000–NM–397–AD.’’ The Airplane Directorate, 1601 Lind postcard will be date stamped and DEPARTMENT OF TRANSPORTATION Avenue, SW., Renton, Washington; or at returned to the commenter. the FAA, New York Aircraft Federal Aviation Administration Certification Office, 10 Fifth Street, Availability of NPRMs Third Floor, Valley Stream, New York. Any person may obtain a copy of this 14 CFR Part 39 FOR FURTHER INFORMATION CONTACT: NPRM by submitting a request to the [Docket No. 2000–NM–397–AD] James E. Delisio, Aerospace Engineer, FAA, Transport Airplane Directorate, Airframe and Propulsion Branch, ANE– RIN 2120–AA64 ANM–114, Attention: Rules Docket No. 171, FAA, New York Aircraft 2000–NM–397–AD, 1601 Lind Avenue, Airworthiness Directives; Bombardier Certification Office, 10 Fifth Street, SW., Renton, Washington 98055–4056. Third Floor, Valley Stream, New York Model CL–600–2B16 (including CL– Discussion 601–3A and CL–601–3R) Series 11581; telephone (516) 256–7521; fax Airplanes (516) 568–2716. Transport Canada Civil Aviation SUPPLEMENTARY INFORMATION: (TCCA), which is the airworthiness AGENCY: Federal Aviation Administration, DOT. Comments Invited authority for Canada, notified the FAA that an unsafe condition may exist on ACTION: Notice of proposed rulemaking Interested persons are invited to certain Bombardier Model CL–600– (NPRM). participate in the making of the 2B16 series airplanes. TCCA advises of SUMMARY: This document proposes the proposed rule by submitting such an incident in which the flight crew lost adoption of a new airworthiness written data, views, or arguments as all readouts for the engine and fuel directive (AD) that is applicable to they may desire. Communications shall quantity systems in the cockpit of an certain Bombardier Model CL–600– identify the Rules Docket number and airplane that had been modified with an 2B16 series airplanes. This proposal be submitted in triplicate to the address internal fuel/defuel panel. The cockpit would require modification of the specified above. All communications engine and fuel quantity systems for this wiring for the internal fuel/defuel panel. received on or before the closing date configuration are powered from a single This action is necessary to prevent the for comments, specified above, will be source, bypassing the dual power source loss of engine and fuel indications considered before taking action on the of the original installation. During the essential for safe flight and landing. proposed rule. The proposals contained incident, the fuel/defuel panel was left This action is intended to address the in this action may be changed in light energized following refueling, the identified unsafe condition. of the comments received. circuit breaker for the single power DATES: Comments must be received by Submit comments using the following source tripped, and the engine and fuel June 22, 2001. format: quantity indications were subsequently • ADDRESSES: Submit comments in Organize comments issue-by-issue. lost and could not be recovered. These triplicate to the Federal Aviation For example, discuss a request to conditions, if not corrected, could result Administration (FAA), Transport change the compliance time and a in the loss of data essential for safe Airplane Directorate, ANM–114, request to change the service bulletin flight and landing. Attention: Rules Docket No. 2000-NM– reference as two separate issues. • Explanation of Relevant Service 397-AD, 1601 Lind Avenue, SW., For each issue, state what specific Information Renton, Washington 98055–4056. change to the proposed AD is being Comments may be inspected at this requested. Bombardier has issued Service location between 9 a.m. and 3 p.m., • Include justification (e.g., reasons or Bulletin S.B. GEN–28–010, Revision A, Monday through Friday, except Federal data) for each request. dated May 15, 2000, which describes holidays. Comments may be submitted Comments are specifically invited on procedures for modifying the wiring for via fax to (425) 227–1232. Comments the overall regulatory, economic, the internal fuel/defuel panel. may also be sent via the Internet using environmental, and energy aspects of Accomplishment of the actions the following address: 9-anm- the proposed rule. All comments specified in the service bulletin is [email protected]. Comments sent submitted will be available, both before intended to adequately address the via fax or the Internet must contain and after the closing date for comments, identified unsafe condition. TCCA ‘‘Docket No. 2000–NM–397–AD’’ in the in the Rules Docket for examination by classified this service bulletin as subject line and need not be submitted interested persons. A report mandatory and issued Canadian in triplicate. Comments sent via the summarizing each FAA-public contact airworthiness directive CF–2000–24, Internet as attached electronic files must concerned with the substance of this dated August 15, 2000, to ensure the be formatted in Microsoft Word 97 for proposal will be filed in the Rules continued airworthiness of these Windows or ASCII text. Docket. airplanes in Canada.
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FAA’s Conclusions customers that it will bear the cost of economic impact, positive or negative, labor and replacement parts. As a result, on a substantial number of small entities These airplane models are those costs are not attributable to this under the criteria of the Regulatory manufactured in Canada and are type proposed AD. Flexibility Act. A copy of the draft certificated for operation in the United The cost impact discussed above is regulatory evaluation prepared for this States under the provisions of section based on assumptions that no operator action is contained in the Rules Docket. 21.29 of the Federal Aviation has yet accomplished any of the A copy of it may be obtained by Regulations (14 CFR 21.29) and the proposed requirements of this AD contacting the Rules Docket at the applicable bilateral airworthiness action, and that no operator would location provided under the caption agreement. Pursuant to this bilateral accomplish those actions in the future if ‘‘ADDRESSES.’’ airworthiness agreement, TCCA has this proposed AD were not adopted. The kept the FAA informed of the situation cost impact figures discussed in AD List of Subjects in 14 CFR Part 39 described above. The FAA has rulemaking actions represent only the Air transportation, Aircraft, Aviation examined the findings of TCCA, time necessary to perform the specific safety, Safety. reviewed all available information, and actions actually required by the AD. determined that AD action is necessary These figures typically do not include The Proposed Amendment for products of this type design that are incidental costs, such as the time Accordingly, pursuant to the certificated for operation in the United required to gain access and close up, authority delegated to me by the States. planning time, or time necessitated by Administrator, the Federal Aviation Explanation of Requirements of other administrative actions. Administration proposes to amend part Proposed Rule Regulatory Impact 39 of the Federal Aviation Regulations (14 CFR part 39) as follows: Since an unsafe condition has been The regulations proposed herein identified that is likely to exist or would not have a substantial direct PART 39—AIRWORTHINESS develop on other airplanes of the same effect on the States, on the relationship DIRECTIVES type design registered in the United between the national Government and States, the proposed AD would require the States, or on the distribution of 1. The authority citation for part 39 accomplishment of the actions specified power and responsibilities among the continues to read as follows: in the service bulletin described various levels of government. Therefore, Authority: 49 U.S.C. 106(g), 40113, 44701. previously. it is determined that this proposal would not have federalism implications § 39.13 [Amended] Cost Impact under Executive Order 13132. 2. Section 39.13 is amended by The FAA estimates that 18 airplanes For the reasons discussed above, I adding the following new airworthiness of U.S. registry would be affected by this certify that this proposed regulation (1) directive: proposed AD, that it would take is not a ‘‘significant regulatory action’’ Bombardier, Inc. (Formerly Canadair): approximately 60 work hours per under Executive Order 12866; (2) is not Docket 2000–NM–397–AD. airplane to accomplish the proposed a ‘‘significant rule’’ under the DOT Applicability: Model CL–600–2B16 actions, and that the average labor rate Regulatory Policies and Procedures (44 (including CL–601–3A and CL–601–3R) is $60 per work hour. The manufacturer FR 11034, February 26, 1979); and (3) if series airplanes, certificated in any category, has committed previously to its promulgated, will not have a significant as listed in the following table:
TABLE 1.—APPLICABILITY
Serial Number Transport Canada Limited Supplemental Type Certificate (STC) FAA STC
5064 ...... SA90–128 ...... ST00873NY 5075 ...... SA91–22 ...... SA861NE 5080 ...... SA91–42 ...... SA860NE 5092 ...... Q–LSA91–52/D ...... SA965NE/ST00470NY 5096 ...... Q–LSA91–52/D ...... SA965NE 5102 ...... Q–LSA92–2/D ...... ST00364NY 5111 ...... Q–LSA92–1011/D ...... SA1029NE 5123 ...... Q–LSA93–1002/D ...... ST00001NY 5125 ...... Q–LSA93–1007/D ...... No record of FAA STC 5130 ...... Q–LSA93–1023/D ...... ST00049NY 5139 ...... Q–LSA94–1002/D ...... ST00086NY 5142 ...... Q–LSA94–1011/D ...... ST00216NY 5154 ...... Q–LSA94–1023/D ...... ST00273NY 5156 ...... Q–LSA94–1025/D ...... ST00423NY 5159 ...... Q–LSA95–1002/D ...... ST01228NY 5162 ...... Q–LSA95–1003/D ...... No record of FAA STC 5163 ...... Q–LSA95–1011/D ...... ST00343NY 5194 ...... Q–LSA96–1006/D ...... ST00769NY
Note 1: This AD applies to each airplane altered, or repaired so that the performance the effect of the modification, alteration, or identified in the preceding applicability of the requirements of this AD is affected, the repair on the unsafe condition addressed by provision, regardless of whether it has been owner/operator must request approval for an this AD; and, if the unsafe condition has not otherwise modified, altered, or repaired in alternative method of compliance in been eliminated, the request should include the area subject to the requirements of this accordance with paragraph (b) of this AD. specific proposed actions to address it. AD. For airplanes that have been modified, The request should include an assessment of
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Compliance: Required as indicated, unless watch duty-exemption allocations and issue duty-refund certificates to each accomplished previously. the watch and jewelry duty-refund territorial watch and watch movement To prevent loss of engine and fuel benefits for producers in the United producer based on the company’s duty- indications essential for safe flight and States insular possessions (the U.S. free shipments and creditable wages landing, accomplish the following: Virgin Islands, Guam, American Samoa paid during the previous calendar year. Modification and the Commonwealth of the Northern Pub. L. 106–36 (113 Stat. 127) (1999) (a) Within 6 months after the effective date Mariana Islands). The proposed rule authorizes the issuance of a duty-refund of this AD, modify the wiring for the internal would amend ITA regulations by further certificate to each territorial jewelry fuel/defuel panel, in accordance with clarifying the range of documents that producer for any article of jewelry Bombardier Service Bulletin S.B. GEN–28– may be needed for verification of duty- provided for in heading 7113 of the 010, Revision A, dated May 15, 2000. free shipments of jewelry into the HTSUS which is the product of any Alternative Methods of Compliance United States and by clarifying which such territory. The value of the (b) An alternative method of compliance or wages qualify as creditable and which certificate is based on creditable wages adjustment of the compliance time that do not for purposes of calculating the paid and duty-free units shipped into provides an acceptable level of safety may be duty-refund for watches and jewelry. the United States during the previous used if approved by the Manager, New York We also propose amending the calendar year. Although the law Aircraft Certification Office (ACO), FAA. regulations by making minor editorial specifically mentions the U.S. Virgin Operators shall submit their requests through changes within the definition of new Islands, Guam and American Samoa, the an appropriate FAA Principal Maintenance issuance of the duty-refund certificate Inspector, who may add comments and then firm for watches. Finally, we propose send it to the Manager, New York ACO. amending the duty refund process by would also apply to the CNMI due to the Covenant to Establish a Note 2: Information concerning the dividing the amount of the annual duty existence of approved alternative methods of refund certificate into two installments. Commonwealth of the Northern Mariana compliance with this AD, if any, may be These amendments are being proposed Islands in Political Union with the obtained from the New York ACO. to make grammatical changes, clarify a United States of America (Pub. L. 94– portion of the regulations, update 241), which states that goods from the Special Flight Permits methods of documentation and help CNMI are entitled to the same tariff (c) Special flight permits may be issued in producers receive benefits in a more treatment as imports from Guam. See accordance with sections 21.197 and 21.199 timely fashion. also 19 CFR 7.2(a). The law provides of the Federal Aviation Regulations (14 CFR DATES: Written comments must be that during the first two years, 21.197 and 21.199) to operate the airplane to beginning August 9, 1999, jewelry that a location where the requirements of this AD received on or before June 22, 2001. can be accomplished. ADDRESSES: Address written comments is assembled in the territories shall be treated as a product of such territories. Note 3: The subject of this AD is addressed to Faye Robinson, Acting Director, in Canadian airworthiness directive CF– Statutory Import Programs Staff, Room Thereafter, in order to be considered a 2000–24, dated August 15, 2000. 4211, U.S. Department of Commerce, product of such territories, the jewelry Washington, DC 20230. must meet the U.S. Customs Service Issued in Renton, Washington, on May 17, substantial transformation requirements FOR FURTHER INFORMATION CONTACT: Faye 2001. (the jewelry must become a new and Robinson, (202) 482–3526, same address Vi L. Lipski, different article of commerce as a result as above. Manager, Transport Airplane Directorate, of production or manufacture performed Aircraft Certification Service. SUPPLEMENTARY INFORMATION: The in the territory). To receive duty-free [FR Doc. 01–12988 Filed 5–22–01; 8:45 am] insular possessions watch industry treatment, the jewelry must also satisfy BILLING CODE 4910–13–P provision in section 110 of Pub. L. No. the requirements of General Note 97–446 (96 Stat. 2331) (1983), as 3(a)(iv) of the HTSUS and applicable amended by section 602 of Pub. L. No. Customs Regulations (19 CFR 7.3). DEPARTMENT OF COMMERCE 103–465 (108 Stat. 4991) (1994); The law specifies, in addition, that additional U.S. Note 5 to chapter 91 of watch producer benefits shall not be International Trade Administration the Harmonized Tariff Schedule of the diminished as a consequence of United States (‘‘HTSUS’’), as amended extending duty-refund benefits to DEPARTMENT OF THE INTERIOR by Pub. L. 94–241 (90 Stat. 263) (1976) jewelry manufacturers. In the event that requires the Secretary of Commerce and the aggregate amount of the calculated 15 CFR Part 303 the Secretary of the Interior, acting duty refunds for both watches and jointly, to establish a limit on the [Docket No. 991228350–1118–02] jewelry exceeds the total amount quantity of watches and watch available under Pub. L. 97–446, as RIN: 0625–AA57 movements which may be entered free amended by Pub. L. 103–465, the watch of duty during each calendar year. The producers shall receive their calculated Office of Insular Affairs; Proposed law also requires the Secretaries to Changes in the Insular Possessions amounts; the jewelry producers would establish the shares of this limited then receive amounts proportionately Watch, Watch Movement and Jewelry quantity which may be entered from the Program reduced from the remainder. See Pub. L. Virgin Islands, Guam, American Samoa 106–36. AGENCIES: Import Administration, and the Commonwealth of the Northern Proposed Amendments International Trade Administration, Mariana Islands (‘‘CNMI’’). After the Department of Commerce; Office of Departments have verified the data We propose amending Subpart A Insular Affairs, Department of the submitted on the annual application § 303.2(a)(5), see 65 FR 8049 (Feb. 17, Interior. (Form ITA–334P), the producers’ duty- 2000), by making grammatical changes. ACTION: Notice of proposed rulemaking exemption allocations are calculated We also propose amending Subpart A and request for comments. from the territorial share in accordance § 303.2(a)(13) and Subpart B with 15 CFR 303.14 and each producer § 303.16(a)(9) to explain further what is SUMMARY: The Departments propose is issued a duty-exemption license. The meant by special services under the amending their regulations governing law further requires the Secretaries to definition of wages excluded from being
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creditable towards the duty-refund in to document duty-free entry into the wages neither of which will impose any response to requests for additional United States. Therefore, we propose cost or have any other adverse economic clarification of this language. The new amending Subpart B § 303.17(b)(4) to effect on the producers. The rulemaking language on wages not creditable include methods of verification such as would also divide the total annual towards the duty refund would include requiring the consignee (receiver of amount of the duty refund certificate wages paid to any outside consultant or goods in the U.S.) to certify that into two installments, thereby allowing those persons not involved in the day to shipments which are otherwise producers to receive benefits in a more day assembly operations or unsupported by Customs entry timely fashion. Although the total administrative work directly related to documents or a certificate of origin did, amount of a duty refund certificate will the operation of the company. Examples in fact, receive duty-free treatment. not change, the proposed rule is of wages that would not be creditable These alternative reporting intended to have a positive effect on the toward the duty refund would be wages requirements are necessary in order to insular economies by helping the paid to gardeners, construction workers, provide the Departments’ auditors with producers improve their cash flows. electricians, plumbers or outside sufficient documentation to verify duty- Finally, the proposed rulemaking would lawyers and accountants. A producer free shipments. include an alternative method of also wanted to know if two producers Finally, we propose amending verification of duty-free shipments of worked on the same single piece of Subpart A, § 303.2(b)(1) and § 303.12(a), jewelry into the United States for those jewelry, would each producer’s wages and Subpart B, § 303.16(b)(1) and entries that did not receive Customs for their portion of the work be § 303.19(a)(1) by providing for the entry documents or a certificate of creditable towards each producer’s duty issuance of an interim duty refund origin for each shipment. If producers refund. The jewelry producer explained certificate which would authorize a want credit for these duty-free that the casting of precious metal is a producer to receive a portion of the total shipments, once a year the consignee highly technical process which is very amount of the annual duty refund (receiver of the jewelry shipped into the capital intensive and expensive to set certificate. The interim amount would United States) or producer (if the up. The producer explained that it be based on reported duty-free producer knows that the shipment would be very helpful if some shipments and creditable wages paid received duty-free entry into the United companies could subcontract such work during the first six months of the same States) would prepare a written to a producer who was willing to make calendar year in which the wages were certification for the Departments’ the capital investment. The producer paid. The interim duty refund certificate auditors that the shipments received also pointed out that having a local would be issued after the required duty-free treatment into the United caster available would be an added company data were received and the States. Proposing such a certification is inducement to other jewelry companies calculations for each company are expected to have little, if any, economic to locate in the insular possessions. We completed. We propose requiring the impact on a company that did not agree that given this unique two-step receipt of each producer’s data by the receive Customs entry documentation. manufacturing process in the end of July if the producer wishes to We estimate the certification statement, production of jewelry, that this request receive an interim duty refund if used, would create a burden of about has merit. Therefore, we propose certificate. The interim duty refund ten minutes to complete at a cost of including specific language to address certificate will be issued by the end of approximately $20 annually. this situation. The proposed regulatory August to all producers who have Paperwork Reduction Act provided the Departments with the data language would allow two separate This proposed rulemaking involves necessary to calculate the duty refund jewelry producers to have their portion new collection-of-information by the end of July. The verification of the wages credited toward their own requirements subject to review and process and the calculation for the duty refund for work on a single piece approval by the Office of Management annual duty refund certificate will of jewelry which had entered the U.S. and Budget (OMB) under the Paperwork remain the same. However, that portion free of duty under the program if the Reduction Act of 1995, which have been companies demonstrate that they of the duty refund that has already been submitted to OMB for approval. worked on the same piece of jewelry, issued via the interim duty free Changing the duty refund certificate the jewelry received duty-free treatment certificate to each producer will be from an annual to a biannual basis will into the U.S., the companies maintained deducted from each producer’s annual require the use of three of the current production and payroll records for total duty refund amount. This forms, modified to accommodate the dutiable as well as duty-free jewelry amendment is being proposed to change. The public reporting burden for shipments into the U.S. or other provide duty refund benefits to these collection-of-information destinations so that creditable as well as producers in a more timely fashion. requirements includes the time for non-creditable wages may be Administrative Law Requirements reviewing instructions, searching determined, and the records are existing data bases, gathering and sufficient for the Departments’ Regulatory Flexibility Act maintaining the data needed, and verification of the creditable wages and In accordance with the Regulatory completing and reviewing the collection duty-free units shipped into the United Flexibility Act, 5 U.S.C. 601 et seq., the of information. The issuance of States. Chief Counsel for Regulation at the payments under the duty refund We further propose adding alternative Department of Commerce has certified certificate on a biannual basis will documents which may be needed or to the Chief Counsel for Advocacy, require the collection of data through used during the verification of the Small Business Administration, that the the use of a modified version of the amount of duty-free jewelry which proposed rule, if promulgated as final, annual application, Form ITA–334P. We entered the United States under the will not have a significant economic estimate this will involve a burden of insular program. New shipping methods impact on a substantial number of small about one hour per producer. One more and the fact that jewelry, unlike entities. This rulemaking would make certificate of entitlement to a duty watches, does not require a permit minor editorial changes and clarify refund, Form ITA–360P, would also (Form ITA–340P), necessitate new ways current language regarding creditable need to be issued to each producer per
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year. This form is completed by the subject to a penalty for failure to comply the extent that such wages exceed the Department of Commerce and imposes with a collection of information unless foregoing percentage. * * * no burden hours on the producers. Form it displays a currently valid OMB * * * * * ITA–361P, the request for refund of Control Number. 3. Section 303.12(a)(1) is revised to duties, is currently used once or twice Plain English read as follows: a year per producer and takes about 10 minutes to complete. Because of the The President has directed Federal § 303.12 Issuance and use of production incentive certificates. proposed biannual duty refund, we agencies to use plain language in their anticipate that most producers would communications with the public, (a) Issuance of certificates. (1) The only complete the form between two to including regulations. To comply with total annual amount of the Certificate of three times a year in order to receive this directive, we seek public comment Entitlement, Form ITA–360, may be such refunds in a more timely manner. on any ambiguity or unnecessary divided and issued on a biannual basis. We expect Form ITA–361P will only complexity arising from the language The first portion of the total annual increase the burden by about 10 minutes used in this proposed rule. certificate amount will be based on reported duty-free shipments and per producer. Finally, the proposed Executive Order 12866 rulemaking would include an creditable wages paid during the first alternative method of verification of the It has been determined that the six months of the calendar year, using duty-free shipments of jewelry into the proposed rulemaking is not significant the formula in § 303.14(c). The United States for those entries that did for purposes of Executive Order 12866. Departments require the receipt of the data by July 31 for each producer who not receive Customs entry documents or List of Subjects in 15 CFR Part 303 the country of origin certificates for each wishes to receive an interim duty refund shipment. This alternative would be in Administrative practice and certificate. The interim duty refund the form of a written certification by the procedure, American Samoa, Customs certificate will be issued on or before consignee or, if he or she knows, by the duties and inspection, Guam, Imports, August 31 of the same calendar year in producer, that the shipments received Marketing quotas, Northern Mariana which the wages were earned unless the duty-free treatment. Because the jewelry Islands, Reporting and recordkeeping Departments have unresolved questions. portion of the program is new, it is requirements, Virgin Islands, Watches The process of determining the total difficult at this time to determine and jewelry. annual amount of the duty refund will whether this alternative certification For reasons set forth above, The remain the same. The completed annual will be needed by the new companies or Departments propose to amend 15 CFR application (Form ITA–334P) shall be whether they will be able to produce part 303 as follows: received by the Departments on or standard Customs entry documents or before January 31 and the annual PART 303—WATCHES, WATCH certificates of origin. The certification verification of data and the calculation MOVEMENTS AND JEWELRY by the consignee or producer would be of each producer’s total annual duty PROGRAM in the form of an annual statement refund, based on the verified data, will continue to take place in February. Once prepared for the auditor. We estimate 1. The authority citation for 15 CFR the calculations for each producer’s that it will take about ten minutes to part 303 continues to read as follows: complete at a cost of approximately $20. duty refund has been completed, the Authority: Pub. L. 97–446, 96 Stat. 2331 portion of the duty refund that has Collection activities are currently (19 U.S.C. 1202, note); Pub. L. 103–465, 108 approved by the Office of Management already been issued to each producer Stat. 4991; Pub. L. 94–241, 90 Stat. 263 (48 will be deducted from the total amount and Budget under control numbers U.S.C. 1681, note); Pub. L. 106–36, 113 0625–0040 and 0625–0134. Public Stat.127,167. of each producer’s annual duty refund amount. The duty refund certificate will comment is sought regarding: Whether 2. Section 303.2 is amended as the proposed collection-of-information continue to be issued by March 1 unless follows: the Departments have unresolved requirements are necessary for the A. The first sentence of § 303.2(a)(5) is proper performance of the functions of questions. amended by removing ‘‘which may not * * * * * the agency, including whether the be’’ and adding in its place ‘‘not’’. information will have practical utility; 4. Section 303.16 is amended as B. The second sentence of follows: the accuracy of the burden estimate; § 303.2(a)(13) is revised as set forth ways to enhance the quality, utility, and A. The second sentence of below. § 303.16(a)(9) is removed and three clarity of the information to be C. The last sentence of § 303.2(b)(1) is collected; and ways to minimize the sentences are added in its place as set amended by adding ‘‘and by producers forth below. burden of the collection of information, who wish to receive the duty refund in including the use of automated B. The last sentence of § 303.16(b)(1) installments on a biannual basis’’ at the is amended by adding ‘‘and, with collection techniques or other forms of end of the sentence. information technology. Send comments special instructions for its completion, regarding any of these burden estimates § 303.2 Definitions and forms. by producers who wish to receive the total annual amount of the duty refund or any other aspect of the collection-of- (a) * * * information to U.S. Department of in installments on a biannual basis’’ at (13) * * * Excluded, however, are the end of the sentence. Commerce, ITA Information Officer, wages paid to any outside consultants or Washington, DC 20230 and Office of other professional personnel, such as § 303.16 Definitions and forms. Information and Regulations Officer, lawyers and accountants, or to those (a) * * * Office of Management and Budget, persons not involved in the day-to-day (9) * * * Excluded, however, are Washington, DC 20503 (Att: OMB Desk assembly operations or administrative wages paid for outside consultants or Officer). work directly related to the operations other professional personnel, such as Notwithstanding any other provision of the company, such as gardeners or lawyers and accountants, or those of the law, no person is required to construction workers, and for the repair persons not involved in the day-to-day respond to, nor shall any person be of non-91/5 watches and movements to assembly operations or the
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administrative work directly related to continue to take place in February. Once proposed regulations expired on April the operations of the company, such as the calculations for each producer’s 12, 2001. gardeners or construction workers, plus duty refund has been completed, the The notice of proposed rulemaking any wages paid for the assembly of portion of the duty refund that has and notice of public hearing, instructed dutiable jewelry or for the repair of already been issued to each producer those interested in testifying at the dutiable jewelry to the extent that such will be deducted from the total amount public hearing to submit a request to wages exceed the percentage set forth of each producer’s annual duty refund speak and an outline of the topics to be above. No more than two insular amount. The duty refund certificate will addressed. As of Wednesday, May 16, producers may have their wages continue to be issued by March 1 unless 2001, no one has requested to speak. credited for their portion of the wages the Departments have unresolved Therefore, the public hearing scheduled paid for work on a single piece of questions. for Wednesday, May 30, 2001, is jewelry which entered the U.S. free of * * * * * cancelled. duty under the program. Wages paid by the two producers will be credited Faryar Shirzad, LaNita Van Dyke, proportionally provided both producers Assistant Secretary for Import Acting Chief, Regulations Unit, Office of demonstrate to the satisfaction of the Administration, Department of Commerce. Special Counsel (Modernization & Strategic Planning). Secretaries that they worked on the Nikolao Pula, [FR Doc. 01–12736 Filed 5–22–01; 8:45 am] same piece of jewelry, the jewelry Acting Director, Office of Insular Affairs, received duty-free treatment into the Department of the Interior. BILLING CODE 4830–01–P U.S., and the producers maintained [FR Doc. 01–12861 Filed 5–22–01; 8:45 am] production and payroll records BILLING CODE 3510–DS–P sufficient for the Departments’ DEPARTMENT OF THE TREASURY verification of the creditable wage Internal Revenue Service portion (see § 303.17(b)). * * * DEPARTMENT OF THE TREASURY * * * * * 26 CFR Part 1 Internal Revenue Service § 303.17 [Amended] [REG–106791–00] 5. Section 303.17(b)(4) is amended by 26 CFR Part 1 adding ‘‘, or the certificate of origin for RIN 1545–AY55 the shipment, or, if a company did not [REG–125237–00] Liabilities Assumed in Certain receive such documents from Customs, Corporate Transactions a certification from the consignee that RIN 1545–AY60 the jewelry shipment received duty-free Debt Instruments With Original Issue AGENCY: Internal Revenue Service (IRS), treatment, or a certification from the Discount; Annuity Contracts; Hearing Treasury. producer, if the producer can attest that Cancellation ACTION: Cancellation of notice of public the jewelry shipment received duty-free hearing on proposed rulemaking. treatment’’ at the end of the paragraph. AGENCY: Internal Revenue Service (IRS), 6. Section 303.19(a)(1) is revised to Treasury. SUMMARY: This document provides read as follows: ACTION: Cancellation of notice of public notice of cancellation of a public hearing on proposed rulemaking. hearing on proposed regulations relating § 303.19 Issuance and use of production to liabilities assumed in certain incentive certificates. SUMMARY: This document cancels the corporate transactions. (a) Issuance of certificates. (1) The public hearing on proposed regulations DATES: The public hearing originally total annual amount of the Certificate of relating to the federal income tax Entitlement, Form ITA–360, may be scheduled for Thursday, May 31, 2001, treatment of annuity contracts issued by at 10 a.m., is cancelled. divided and issued on a biannual basis. certain insurance companies. The first portion of the total annual FOR FURTHER INFORMATION CONTACT: Guy certificate amount will be based on DATES: The public hearing originally R. Traynor of the Regulations Unit, reported duty-free shipments and scheduled for Wednesday, May 30, Office of Special Counsel, (202) 622– creditable wages paid during the first 2001, at 10 a.m., is cancelled. 7180 (not a toll-free number). six months of the calendar year, using FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: A notice the formula in § 303.20(b). The LaNita Van Dyke of the Regulations of proposed rulemaking and notice of Departments require the receipt of the Unit, Office of Special Counsel public hearing that appeared in the data by July 31 for each producer who (Modernization & Strategic Planning), Federal Register on January 4, 2001 (66 wishes to receive an interim duty refund (202) 622–7190 (not a toll-free number). FR 748), announced that a public certificate. The interim duty refund SUPPLEMENTARY INFORMATION: A notice hearing was scheduled for May 31, 2001 certificate will be issued on or before of proposed rulemaking and notice of at 10 a.m., in room 4718, 1111 August 31 of the same year in which the public hearing that appeared in the Constitution Avenue, NW., Washington, wages were earned unless the Federal Register on Friday, January 12, DC. The subject of the public hearing is Departments have unresolved questions. 2001 (66 FR 2852), announced that a proposed regulations under section 301 The process of determining the total public hearing was scheduled for of the Internal Revenue Code. The annual amount of the duty refund will Wednesday, May 30, 2001, at 10 a.m., in public comment period for these remain the same. The completed annual room 4718, Internal Revenue Building, regulations expired on May 10, 2001. application (Form ITA–334P) shall be 1111 Constitution Avenue, NW., The notice of proposed rulemaking received by the Departments on or Washington, DC. The subject of the and notice of public hearing, instructed before January 31 and the annual public hearing is proposed regulations those interested in testifying at the verification of data and calculation of under sections 163(e) and 1271 through public hearing to submit a request to each producer’s total annual duty 1275 of the Internal Revenue Code. The speak and an outline of the topics to be refund, based on the verified data, will public comment period for these addressed. As of May 15, 2001, no one
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has requested to speak. Therefore, the Therefore, the public hearing scheduled via e-mail, comments must be submitted public hearing scheduled for May 31, for June 4, 2001, is cancelled. in writing to the address provided above. 2001, is cancelled. LaNita Van Dyke, Cynthia E. Grigsby, Acting Chief, Regulations Unit, Office of SUPPLEMENTARY INFORMATION: See the Special Counsel (Modernization & Strategic information provided in the direct final Chief, Regulations Unit, Office of Special Planning). Counsel (Modernization & Strategic rule of the same title which is located Planning). [FR Doc. 01–12737 Filed 5–22–01; 8:45 am] in the rules section of the Federal [FR Doc. 01–13064 Filed 5–22–01; 8:45 am] BILLING CODE 4830–01–P Register. BILLING CODE 4830–01–P Authority: 42 U.S.C. 7401–7642. Dated: May 1, 2001. ENVIRONMENTAL PROTECTION AGENCY William C. Early, DEPARTMENT OF THE TREASURY Acting Regional Administrator, Region III. Internal Revenue Service 40 CFR Part 62 [FR Doc. 01–12889 Filed 5–22–01; 8:45 am] [WV–042–6011b; FRL–6983–5] BILLING CODE 6560–50–P 26 CFR Parts 1, 31, and 301 Approval and Promulgation of State Plans for Designated Facilities and ENVIRONMENTAL PROTECTION [REG–107186–00] Pollutants; State of West Virginia; AGENCY Control of Emissions From Existing 40 CFR Part 82 RIN 1545–AY50 Municipal Solid Waste Landfills Electronic Payee Statements; Hearing AGENCY: Environmental Protection [FRL–6981–9] Agency (EPA). Cancellation Protection of Stratospheric Ozone: ACTION: Proposed rule. Notice of Data Availability; New AGENCY: Internal Revenue Service (IRS), Information Concerning SNAP Treasury. SUMMARY: EPA proposes to approve the municipal solid waste landfill 111(d) Program Proposal on HCFC Use in ACTION: Cancellation of notice of public plan submitted by the West Virginia Foams hearing on proposed rulemaking. Division of Environmental Protection AGENCY: Environmental Protection (DEP), on May 29, 1998, and as Agency (EPA). SUMMARY: This document provides amended on May 15, and December 20, ACTION: Notice of data availability and notice of cancellation of a public 2000, for the purpose of controlling request for comment. hearing on proposed regulations under landfill gas emissions from existing sections 6041 and 6051 relating to the municipal solid waste (MSW) landfills. SUMMARY: The Environmental Protection voluntary electronic furnishing of payee Also, EPA proposes to delegate its Agency (EPA) is making available to the statements on Forms W–2. authority to the DEP for the enforcement public information related to a July 11, of the Federal landfill 111(d) plan’s 2000, proposal under the Significant DATES: The public hearing originally compliance schedules. In the final rules New Alternatives Policy (SNAP) scheduled for June 4, 2001, at 10:00 section of the Federal Register, EPA is Program under section 612 of the Clean a.m., is cancelled. approving the plan. A detailed rationale Air Act. The SNAP program reviews FOR FURTHER INFORMATION CONTACT: for the approval is set forth in the direct alternatives to Class I and Class II ozone Sonya M. Cruse of the Regulations Unit final rule. If no adverse comments are depleting substances and approves use received in response to this rule, no at (202) 622–7180 (not a toll-free of alternatives which reduce the overall further activity is contemplated in number). risk to public health and the relation to this rule. If EPA receives environment. The July 11, 2000 SUPPLEMENTARY INFORMATION: A notice relevant adverse comments, the direct proposal concerned use of of proposed rulemaking and notice or final rule will be withdrawn and all hydrochlorfluorocarbons (HCFCs) in public hearing that appeared in the public comments received will be foam blowing applications. The official Federal Register on Wednesday, addressed in a subsequent final rule comment period for the proposal ended February 14, 2001, (66 FR 10247), based on this proposed rule. EPA will on September 11, 2000. However, EPA announced that a public hearing was not institute a second comment period received information after September on this document. Any parties scheduled for June 4, 2001 at 10 a.m., 11, 2000 from outside parties through interested in commenting on this in the IRS Auditorium. The subject of letters, meetings and the Agency’s own document should do so at this time. the public hearing is proposed efforts to obtain information to address DATES: Comments must be received in regulations under sections 6041 and public comments. Today, the Agency is writing by June 22, 2001. 6051 of the Internal Revenue Code. The making new information obtained after ADDRESSES: public comment period for these Comments may be mailed to the close of the comment period David L. Arnold, Chief, Air Quality proposed regulations expired on May available for public review and Planning and Information Services 14, 2001. comment. The information being made Branch, Mailcode 3AP21, available includes: sector description The notice of proposed rulemaking Environmental Protection Agency, and size, alternatives currently used in and notice of public hearing, instructed Region III, 1650 Arch Street, each sector and technically viable those interested in testifying at the Philadelphia, Pennsylvania 19103. alternatives. Because we plan to use this public hearing to submit a request to FOR FURTHER INFORMATION CONTACT: information in the future when speak and an outline of the topics to be James B. Topsale at (215) 814–2190, or developing a final rule, EPA wants to addressed. As of Tuesday, May 15, by e-mail at [email protected]. While provide the public with an opportunity 2001, no one has requested to speak. additional information may be obtained to comment on it.
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Readers should note that we will only 6. What supporting documentation do I of the proposal including potential consider comments about the need to include in my comments? small business impacts. The letters also information referenced in this notice 1. What Is Today’s Action? address technical viability and and are not soliciting comments on any availability of alternatives. Notes from other topic. In particular, we are not Today, we are making information meetings requested by industry reopening the comment period for the available on foam blowing applications representatives are also available in the July 11, 2000, proposed rule through that could be potentially affected by a Air Docket. In general, the purpose of this Notice of Data Availability. Neither Significant New Alternatives Policy these meetings was for industry (SNAP) action under section 612 of the are we soliciting comments on the representatives to go over comments Clean Air Act. The proposed action, HCFC production phaseout established already formally submitted to EPA and published in the Federal Register on in EPA’s December 10, 1993 rulemaking offer the Agency an opportunity to ask July 11, 2000 (65 FR 42653), addressed (58 FR 65018). clarifying questions. A summary of use of HCFCs in all foam end-uses. EPA DATES: We will accept comments on the these meetings along with any new proposed 3 actions: (1) Listing HCFC– data through June 22, 2001. information provided to the Agency 141b as unacceptable in all foam end- during these meetings is available ADDRESSES: You may submit comments uses, with existing users grandfathered through the Air Docket, A–2000–18 to Docket A–2000–18, U.S. until 2005; (2) listing HCFC–22 and reference number IV–E–1 through 6. Environmental Protection Agency, HCFC–142b as unacceptable in all foam The following items in the docket Office of Air and Radiation (OAR) end-uses, with existing users include technical information such as Docket and Information Center (6102), grandfathered until 2005; and (3) listing industry overviews and surveys: Air 401 M Street, SW., Room M–1500, HCFC–124 as unacceptable in all foam Docket, A–2000–18 reference number Washington, DC 20460, phone: (202) end-uses (65 FR 42653). The Agency IV–D–55, IV–D–61, IV–D–76, IV–E–4, 260–7548; fax (202) 260–4400. You may allowed 60 days for public comment IV–E–6, 7, 8, 9. submit comments electronically by and received 45 responses to the EPA obtained additional information sending electronic mail through the proposal by the close of the comment through attending public conferences Internet to: A-and-R- period (September 11, 2000). The and literature reviews. Although this [email protected]. Also identify Agency received comments from information is publicly available, the your comments in electronic format chemical manufacturers, appliance Agency is including it in this notice with Docket No. A–2000–18. See the manufacturers, spray foam because some of the information may be SUPPLEMENTARY INFORMATION section of manufacturers, associations, and others. used when the Agency takes final action this notice for further information about Copies can be obtained through the Air on the proposal. These documents can filing comments. The docket may be Docket by referencing A–2000–18, IV– be obtained through the Air Docket, A– inspected between 8 a.m. and 5:30 p.m. D–1 through 45 (see ADDRESSES section 2000–18 reference number IV–D–65 on weekdays. As provided in 40 CFR above for docket contact info). part 2, a reasonable fee may be charged Since the comment period closed, through 75. Some comments received on the July for photocopying. To expedite review, a EPA has acquired additional 11, 2000 proposal suggested that EPA second copy of the comments should be information pertaining to the developed the proposal without sent to Ms. Anhar Karimjee at the availability and technical viability of sufficient up-to-date information on address listed below under FOR FURTHER alternatives and the market size and certain sectors of the foam industry. INFORMATION CONTACT. Information economic impact of the proposal on Comments also indicated that the designated as Confidential Business various industries. This information was Agency should have evaluated the Information (CBI) under 40 CFR part 2, obtained through meetings held at the viability of alternatives in each foam subpart 2, must be marked confidential request of industry representatives, end-use application and the potential and sent directly to Ms. Anhar Karimjee. letters sent through congressional small business impacts of the proposal. However, the Agency is requesting that representatives, letters sent directly to In an effort to address these concerns, all respondents submit a non- the Agency, and through EPA’s own the Agency hired a consultant to gather confidential version of their comments efforts to obtain additional information additional information on certain to the docket as well. in order to fully address comments sectors and is making this information FOR FURTHER INFORMATION CONTACT: received during the comment period. available to the public for review and Questions concerning today’s action The purpose of making data available comment prior to taking final action on should be addressed to Ms. Anhar for comment is to ensure that the July 11 proposal. The Agency is Karimjee at phone: (202) 564–2683, fax: information provided to the Agency seeking comments on the accuracy and (202) 565–2095, or e-mail: since September 11, 2000 (the end of the thoroughness of the following reports: [email protected], U.S. comment period) is accurate and Environmental Protection Agency, 1200 complete. The information provided —Synopsis of comments received from Pennsylvania Avenue, NW., Mailcode will be used to help respond to the extruded polystyrene industry 6205J, Washington, DC 20004. comments and finalize the July 11, 2000 —Overview of challenges facing the Overnight or courier deliveries should proposal. polyurethane spray foam industry be sent to the office location at 501 3rd and other systems house based Street, NW., Washington, DC 20001. 2. What Information Is EPA Making applications Available for Review and Comment? SUPPLEMENTARY INFORMATION: (a) Comments from the polyurethane Since the comment period ended on systems houses (non-spray foam) Outline September 11, 2000, EPA received 18 (b) Comments from the polyurethane 1. What is today’s action? letters in response to the proposal spray foam systems houses and 2. What information is EPA making mentioned above. These letters can be contractors available for review and comment? 3. Where can I get the information? obtained through the Air Docket, A– EPA has also summarized information 4. How is this action related to the July 11, 2000–18 reference number IV–D–46 available on all foam sectors currently 2000 proposed rule? through 64. Many of these letters using HCFCs. This information is 5. What is EPA not taking comment on? express concern over economic impacts presented in table format and is
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available through Air Docket A–2000– Register Notice. EPA is not accepting Division, Common Carrier Bureau, (202) 18 reference number IV–D–79. The table comment on the following: 418–1520. consolidates information obtained in —HCFC foams proposal published on SUPPLEMENTARY INFORMATION: This is a response to the proposal along with July 11, 2000 (65 FR 42653) summary of the Commission’s Notice of information collected during the —HCFC production phaseout Proposed Rulemaking (NPRM) in CC development of the documents outlined established in EPA’s December 10, Docket No. 01–92, FCC 01–132, adopted above. EPA is soliciting comment on the 1993 rulemaking (58 FR 65018) April 19, 2001, and released April 27, accuracy of the information presented in —Allowance System for Controlling 2001. The full text of the NPRM is the table. In addition to obtaining HCFC Production, Import and available for inspection and copying comments on the accuracy of the Export (draft proposal that may be during normal business hours in the information provided, the Agency published during comment period FCC Reference Center, 445 12th Street, would like to know if there any other on this NODA) SW., Room CY–A257, Washington, DC foam applications that use HCFC 20554. The full text of the NPRM may blowing agents but are not listed in the 6. What Supporting Documentation Do also be purchased from the table. I Need To Include in My Comments? Commission’s copy contractor, International Transcription Services, 3. Where Can I Get the Information? Please provide any published studies or raw data supporting your position. 1231 20th Street, N.W., Washington, All of the information can be obtained D.C. 20036, telephone (202) 857–3800, Dated: May 4, 2001. through the Air Docket (see ADDRESSES facsimile (202) 857–3805. The full text section above for docket contact info). Paul Stolpman, of the NPRM may also be downloaded The reports covering the polystyrene, Director, Office of Atmospheric Programs, at: http://www.fcc.gov/Bureaus/ spray, sandwich panels and other foam Office of Air and Radiation. Common Carrier/Notices/2001/ applications can be obtained through [FR Doc. 01–12896 Filed 5–22–01; 8:45 am] fcc01132.doc. Alternative formats the docket. Reference numbers are as BILLING CODE 6560–50–U (computer diskette, large print, audio follows: cassette, and Braille) are available to —Synopsis of comments received from persons with disabilities by contacting the extruded polystyrene industry: FEDERAL COMMUNICATIONS Martha Contee at (202) 418–0260, TTY Air Docket A–2000–18 reference COMMISSION (202) 418–2555, or at number IV–D–77
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permissible when traffic between two phase in a new access charge regime in broken down into: (1) reciprocal networks is relatively balanced while stages. compensation rules, which apply to the the rates are symmetric. It asks whether Apart from moving to a bill-and-keep exchange of local traffic; and (2) access bill and keep would preclude efficient regime, the NPRM seeks comment on rules that apply to traffic exchanged forms of price discrimination (e.g., whether the existing calling-party’s- between local carriers and long-distance differential rates for network cost network-pays regime could be reformed carriers. Both sets of rules are ‘‘calling- recovery). Furthermore, the NPRM seeks to address the problems that motivate party’s-network-pays’’ (CPNP) comment on how to address the this rulemaking. As such, it seeks arrangements (i.e., they require the treatment of transport costs, including comment on rate level issues (e.g., calling party’s network to pay the called approaches proposed by two identifying ‘‘additional costs’’ under party’s network to terminate a call). Commission staff working papers that section 252(d)(2) of the Both sets of rules are also subject to are discussed in the NPRM. It also seeks Communications Act, and applying numerous exceptions, such as the comment on the relative sizes of presumptive ILEC cost proxies), rate enhanced service provider (ESP) transactions costs (i.e., measuring and structure issues, single point of exemption from access charges. billing) for the various alternatives, and interconnection issues, virtual central This NPRM is motivated by numerous the impact of bill-and-keep on the office codes, and administrative problems that have appeared recently opportunities for regulatory arbitrage feasibility. concerning the existing rules governing that currently exist in, e.g., Internet The NPRM also seeks comment on the intercarrier compensation. A primary telephony, termination of ISP-bound impacts of moving to a new regime on concern is the opportunity, under the traffic, and terminating access charges end user rates, and universal service. current regime, for profit-seeking for interstate voice traffic. Furthermore, it seeks comment on legal behavior to take advantage of cost or The NPRM also seeks comment on the issues concerning the authority for a revenue disparities that are due solely to potential disadvantages of a bill-and- new regime, together with the effect of regulation. For example, competitive keep arrangement, including: (a) proposals for a unified regime on the local exchange carriers (CLECs) often Incentives for carriers to locate central division of jurisdictional responsibility target Internet service providers (ISPs) offices inefficiently; (b) how to between the Commission and the states. as customers in order to become net- Finally, the NPRM seeks comment on determine the incremental cost of recipients of traffic, and thus profit from the impact of a new regime on interconnection when networks are less- reciprocal compensation revenues. interconnection agreements between than-fully provisioned; (c) the potential Similarly, Internet Protocol (IP) international carriers, and on for unwanted calls to increase; and (d) telephony threatens to erode access interconnection agreements between the potential for ISPs to begin to charge revenues for LECs because it is exempt Internet backbones. It asks about the traffic-sensitive rates or higher flat rates from the access charges that traditional potential impact on small entities that to end users. long-distance carriers must pay. may result from the adoption of a new Another major concern is that local With regard to specific services, the regime. It concludes by seeking carriers possess monopoly power over NPRM seeks comment on whether the comment on any further possible terminating access. As a result, CLECs Commission should adopt bill and keep approaches to intercarrier compensation often impose access charges that far for ISP-bound traffic. The NPRM asks that are not addressed in the NPRM. exceed the regulated access charges of about local exchange carrier (LEC) cost incumbent LECs. Finally, the current recovery, and any effects on unbundled Regulatory Flexibility Act Final regime can generate inefficient traffic- network element (UNE) pricing, if the Analysis sensitive end-user rates, and can also Commission should move to a bill-and- As required by the Regulatory create incentives for entities to claim to keep regime for all ISP-bound traffic. Flexibility Act (RFA), the Commission be networks in order to qualify for The NPRM also seeks comment on the has prepared this present Initial interconnection, rather than to simply relative benefits of bill and keep for all Regulatory Flexibility Analysis (IRFA) subscribe as a customer. traffic subject to section 251(b)(5) of the of the possible significant economic Communications Act of 1934 (‘‘the impact on small entities by the policies II. Legal Basis Communications Act’’), versus the and rules proposed in this NPRM. The legal basis for any action that may current per-minute reciprocal Written public comments are requested be taken pursuant to the NPRM is compensation rates imposed by most on this IRFA. Comments must be contained in sections 4, 201–202, 303 states. The NPRM specifically addresses identified as responses to the IRFA and and 403 of the Communications Act of issues concerning points of must be filed by the deadlines for 1934, as amended, 47 U.S.C. 154, 201– interconnection, three-carrier calls, and comments on the NPRM provided 202, 303 and 403, and sections 1.1, the question of whether bill-and-keep above. The Commission will send a 1.411 and 1.412 of the Commission’s rate structures satisfy the requirements copy of the NPRM, including this IRFA, rules, 47 CFR 1.1, 1.411 and 1.412. of sections 251(b)(5) and 252(d)(2) of the to the Chief Counsel for Advocacy of the III. Description and Estimate of the Communications Act. Small Business Administration (SBA). Number of Small Entities to Which In addition, the NPRM seeks comment See 5 U.S.C. 603(a). In addition, the Rules Will Apply on the Commission’s legal authority NPRM and IRFA (or summaries thereof) over interconnection between LECs and will be published in the Federal The RFA directs agencies to provide commercial mobile radio services Register. See id. a description of, and, where feasible, an (CMRS) under section 332 of the estimate of the number of small entities Communications Act, and on the I. Need for, and Objectives of, the that may be affected by the proposed adoption of a new LEC-CMRS Proposed Rules rules, if adopted. 5 U.S.C. 603(b)(3). The intercarrier compensation regime. With The existing intercarrier RFA defines the term ‘‘small entity’’ as regard to interstate access charges, the compensation regime applies different having the same meaning as the terms NPRM seeks comment on the eventual sets of rules to different types of carriers ‘‘small business,’’ ‘‘small organization’’ application of a bill-and-keep regime, and to different types of traffic. and ‘‘small business concern’’ under and asks whether it is appropriate to Basically, this patchwork of rules can be section 3 of the Small Business Act. 5
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U.S.C. 601(3). A small business concern telephone companies that are commonly than 1,500 employees, there would still is one which: (1) Is independently used under our rules. be 2,295 non-radiotelephone companies owned and operated; (2) is not We have included small incumbent that might qualify as small entities or dominant in its field of operation; and LECs (small ILECs) in this present RFA small ILECs. We do not have data (3) satisfies any additional criteria analysis. As noted above, a ‘‘small specifying the number of these carriers established by the SBA. 5 U.S.C. 632. business’’ under the RFA is one that, that are not independently owned and A small organization is generally ‘‘any inter alia, meets the pertinent small operated, and thus are unable at this not-for-profit enterprise which is business size standard (e.g., a telephone time to estimate with greater precision independently owned and operated and communications business having 1,500 the number of wireline carriers and is not dominant in its field.’’ 5 U.S.C. or fewer employees), and ‘‘is not service providers that would qualify as 601(4). Nationwide, as of 1992, there dominant in its field of operation.’’ The small business concerns under the were approximately 275,801 small SBA’s Office of Advocacy contends that, SBA’s definition. Consequently, we organizations. ‘‘Small governmental for RFA purposes, small ILECs are not estimate 2,295 or fewer small telephone jurisdiction’’ generally means dominant in their field of operation communications companies other than ‘‘governments of cities, counties, towns, because any such dominance is not radiotelephone companies are small townships, villages, school districts, or ‘‘national’’ in scope. We have therefore entities or small ILECs that may be special districts, with a population of included small incumbent LECs in this affected by rules adopted pursuant to less than 50,000.’’ As of 1992, there RFA analysis, although we emphasize this NPRM. were approximately 85,006 such that this RFA action has no effect on Local Exchange Carriers. Neither the jurisdictions in the United States. This Commission analyses and Commission nor the SBA has developed number includes 38,978 counties, cities, determinations in other, non-RFA a definition for small providers of local and towns; of these, 37,566, or 96 contexts. exchange services (LECs). The closest percent, have populations of fewer than Total Number of Telephone applicable definition under the SBA 50,000. The Census Bureau estimates Companies Affected. The U.S. Bureau of rules is for telephone communications the Census (‘‘Census Bureau’’) reports that this ratio is approximately accurate companies other than radiotelephone that, at the end of 1992, there were for all governmental entities. Thus, of (i.e., wireless) companies. According to 3,497 firms engaged in providing the 85,006 governmental entities, we the most recent Telecommunications telephone services, as defined therein, estimate that 81,600 (96 percent) are Industry Revenue data, 1,335 incumbent for at least one year. This number small entities. According to SBA carriers reported that they were engaged contains a variety of different categories reporting data, there were 4.44 million in the provision of local exchange of carriers, including local exchange small business firms nationwide in services. We do not have data specifying carriers, interexchange carriers, the number of these carriers that are 1992. Below, we further describe and competitive access providers, cellular either dominant in their field of estimate the number of small entity carriers, mobile service carriers, operations, are not independently licensees and regulatees that may be operator service providers, pay owned and operated, or have more than affected by rules adopted pursuant to telephone operators, covered 1,500 employees, and thus are unable at this NPRM. specialized mobile radio providers, and this time to estimate with greater The most reliable source of resellers. It seems certain that some of precision the number of LECs that information regarding the total numbers these 3,497 telephone service firms may would qualify as small business of certain common carrier and related not qualify as small entities or small concerns under the SBA’s definition. providers nationwide, as well as the ILECs because they are not Consequently, we estimate that 1,335 or number of commercial wireless entities, ‘‘independently owned and operated.’’ fewer providers of local exchange appears to be the data that the For example, a PCS provider that is service are small entities or small ILECs Commission publishes in its Trends in affiliated with an interexchange carrier that may be affected by the new rules. Telephone Service report. In a recent having more than 1,500 employees Interexchange Carriers. Neither the news release, the Commission indicated would not meet the definition of a small Commission nor the SBA has developed that there are 4,822 interstate carriers. business. It is reasonable to conclude a definition of small entities specifically These carriers include, inter alia, local that fewer than 3,497 telephone service applicable to providers of interexchange exchange carriers, wireline carriers and firms are small entity telephone service services (IXCs). The closest applicable service providers, interexchange firms or small ILECs that may be definition under the SBA rules is for carriers, competitive access providers, affected by the new rules. telephone communications companies operator service providers, pay Wireline Carriers and Service other than radiotelephone (i.e., wireless) telephone operators, providers of Providers. The SBA has developed a companies. According to the most telephone service, providers of definition of small entities for telephone recent Trends in Telephone Service telephone exchange service, and communications companies except data, 204 carriers reported that they resellers. radiotelephone (i.e., wireless) were engaged in the provision of The SBA has defined establishments companies. The Census Bureau reports interexchange services. We do not have engaged in providing ‘‘Radiotelephone that there were 2,321 such telephone data specifying the number of these Communications’’ and ‘‘Telephone companies in operation for at least one carriers that are not independently Communications, Except year at the end of 1992. According to the owned and operated or have more than Radiotelephone’’ to be small businesses SBA’s definition, a small business 1,500 employees, and thus are unable at when they have no more than 1,500 telephone company other than a this time to estimate with greater employees. Below, we discuss the total radiotelephone company is one precision the number of IXCs that estimated number of telephone employing no more than 1,500 persons. would qualify as small business companies falling within the two All but 26 of the 2,321 non- concerns under the SBA’s definition. categories, and the number of small radiotelephone companies listed by the Consequently, we estimate that there are businesses in each. We then attempt to Census Bureau were reported to have 204 or fewer small-entity IXCs that may further refine those estimates to fewer than 1,000 employees. Thus, even be affected by rules adopted pursuant to correspond with the categories of if all 26 of those companies had more this NPRM.
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Competitive Access Providers. Neither employees, and thus are unable at this a definition of small entities applicable the Commission nor the SBA has time to estimate with greater precision to cellular licensees. Therefore, the developed a definition of small entities the number of pay telephone operators applicable definition of small entity is specifically applicable to competitive that would qualify as small business the definition under the SBA rules access services providers (CAPs). The concerns under the SBA’s definition. applicable to radiotelephone (i.e., closest applicable definition under the Consequently, we estimate that there are wireless) companies. This definition SBA rules is for telephone 758 or fewer small-entity pay telephone provides that a small entity is a communications companies other than operators that may be affected by rules radiotelephone company employing no radiotelephone (i.e., wireless) adopted pursuant to this NPRM. more than 1,500 persons. According to companies. According to the most Resellers (including debit card the Bureau of the Census, only 12 recent Trends in Telephone Service providers). Neither the Commission nor radiotelephone firms out of a total of data, 349 CAP/CLEC carriers and 60 the SBA has developed a definition of 1,178 such firms that operated during other LECs reported that they were small entities specifically applicable to 1992 had 1,000 or more employees. engaged in the provision of competitive resellers. The closest applicable SBA Therefore, even if all 12 of these firms local exchange services. We do not have definition for a reseller is a telephone were cellular telephone companies, data specifying the number of these communications company other than nearly all cellular carriers were small carriers that are not independently radiotelephone (i.e., wireless) businesses under the SBA’s definition. owned and operated, or have more than companies. According to the most In addition, we note that there are 1,758 1,500 employees, and thus are unable at recent Trends in Telephone Service cellular licenses; however, we do not this time to estimate with greater data, 454 toll and 87 local entities know the number of cellular licensees, precision the number of CAPs that reported that they were engaged in the since a cellular licensee may own would qualify as small business resale of telephone service. We do not several licenses. The most reliable concerns under the SBA’s definition. have data specifying the number of source of information regarding the Consequently, we estimate that there are these carriers that are not independently number of cellular service providers 349 or fewer small-entity CAPs and 60 owned and operated or have more than nationwide appears to be data the or fewer other LECs that may be affected 1,500 employees, and thus are unable at Commission publishes annually in its by rules adopted pursuant to this this time to estimate with greater Telecommunications Industry Revenue NPRM. precision the number of resellers that report, regarding the Operator Service Providers. Neither would qualify as small business Telecommunications Relay Service the Commission nor the SBA has concerns under the SBA’s definition. (TRS). The report places cellular developed a definition of small entities Consequently, we estimate that there are licensees and Personal Communications specifically applicable to providers of 454 or fewer small-toll-entity resellers Service (PCS) licensees in one group. operator services. The closest applicable and 87 or fewer small-local-entity According to recent data, 808 carriers definition under the SBA rules is for resellers that may be affected by rules reported that they were engaged in the telephone communications companies adopted pursuant to this NPRM. provision of either cellular or PCS Toll-Free 800 and 800-Like Service other than radiotelephone (i.e., wireless) services. We do not have data specifying Subscribers. Neither the Commission companies. According to the most the number of these carriers that are not nor the SBA has developed a definition recent Trends in Telephone Service independently owned and operated or of small entities specifically applicable data, 21 carriers reported that they were have more than 1,500 employees, and engaged in the provision of operator to 800 and 800-like service (‘‘toll free’’) thus are unable at this time to estimate services. We do not have data specifying subscribers. The most reliable source of with greater precision the number of the number of these carriers that are not information regarding the number of cellular service carriers that would independently owned and operated or these service subscribers appears to be qualify as small business concerns have more than 1,500 employees, and data the Commission collects on the under the SBA’s definition. thus are unable at this time to estimate 800, 888, and 877 numbers in use. Consequently, we estimate that there are with greater precision the number of According to our most recent data, at no more than 808 small cellular service operator service providers that would the end of January 1999, the number of carriers. qualify as small business concerns 800 numbers assigned was 7,692,955; under the SBA’s definition. the number of 888 numbers that had 220 MHz Radio Service-Phase I Consequently, we estimate that there are been assigned was 7,706,393; and the Licensees. The 220 MHz service has 21 or fewer small-entity operator service number of 877 numbers assigned was both Phase I and Phase II licenses. Phase providers that may be affected by rules 1,946,538. We do not have data I licensing was conducted by lotteries in adopted pursuant to this NPRM. specifying the number of these 1992 and 1993. There are approximately Pay Telephone Operators. Neither the subscribers that are not independently 1,515 such non-nationwide licensees Commission nor the SBA has developed owned and operated or have more than and 4 nationwide licensees currently a definition of small entities specifically 1,500 employees, and thus are unable at authorized to operate in the 220 MHz applicable to pay telephone operators. this time to estimate with greater band. The Commission has not The closest applicable definition under precision the number of toll free developed a definition of small entities SBA rules is for telephone subscribers that would qualify as small specifically applicable to such communications companies other than business concerns under the SBA’s incumbent 220 MHz Phase I licensees. radiotelephone (i.e., wireless) definition. Consequently, we estimate To estimate the number of such companies. According to the most that there are 7,692,955 or fewer small- licensees that are small businesses, we recent Trends in Telephone Service entity 800 subscribers, 7,706,393 or apply the definition under the SBA data, 758 carriers reported that they fewer small-entity 888 subscribers, and rules applicable to radiotelephone were engaged in the provision of pay 1,946,538 or fewer small-entity 877 communications companies. This telephone services. We do not have data subscribers that may be affected by rules definition provides that a small entity is specifying the number of these carriers adopted pursuant to this NPRM. a radiotelephone company employing that are not independently owned and Cellular Licensees. Neither the no more than 1,500 persons. According operated or have more than 1,500 Commission nor the SBA has developed to a 1995 estimate by the Bureau of the
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Census, only 12 radiotelephone firms and controlling principals, has average approved by the SBA. No small out of a total of 1,178 such firms that gross revenues for the three preceding businesses within the SBA-approved operated during 1992 had 1,000 or more years of not more than $3 million; or (2) definition bid successfully for licenses employees. Therefore, assuming that an entity that, together with affiliates in blocks A and B. There were 90 this general ratio has not changed and controlling principals, has average winning bidders that qualified as small significantly in recent years in the gross revenues for the three preceding entities in the C block auctions. A total context of Phase I 220 MHz licensees, calendar years of not more than $15 of 93 small and very small business we estimate that nearly all such million. Because the SBA has not yet bidders won approximately 40% of the licensees are small businesses under the approved this definition for paging 1,479 licenses for blocks D, E and F. On SBA’s definition. services, we will utilize the SBA’s March 23, 1999, the Commission held 220 MHz Radio Service-Phase II definition applicable to radiotelephone another auction (Auction No. 22) of C, Licensees. The Phase II 220 MHz service companies, i.e., an entity employing no D, E and F block licenses for PCS is a new service, and is subject to more than 1,500 persons. At present, spectrum returned to the Commission spectrum auctions. In the 220 MHz there are approximately 24,000 Private by previous license holders. In that Third Report and Order, 62 FR 15978, Paging licenses and 74,000 Common auction, 48 bidders claiming small we adopted criteria for defining small Carrier Paging licenses. According to business, very small business or businesses and very small businesses for recent data, 172 carriers reported that entrepreneurial status won 272 of the purposes of determining their eligibility they were engaged in the provision of 341 licenses (80%) offered. Based on for special provisions such as bidding either paging or ‘‘other mobile’’ services, this information, we conclude that the credits and installment payments. We which are placed together in the data. number of small broadband PCS have defined a small business as an We do not have data specifying the licensees includes the 90 winning C entity that, together with its affiliates number of these carriers that are not block bidders, the 93 qualifying bidders and controlling principals, has average independently owned and operated or in the D, E and F blocks, and the 48 gross revenues not exceeding $15 have more than 1,500 employees, and winning bidders from Auction No. 22, million for the preceding three years. thus are unable at this time to estimate for a total of 231 small-entity PCS Additionally, a very small business is with greater precision the number of providers as defined by the SBA and the defined as an entity that, together with paging carriers that would qualify as Commission’s auction rules. its affiliates and controlling principals, small business concerns under the Narrowband PCS. The Commission has average gross revenues that are not SBA’s definition. Consequently, we has auctioned nationwide and regional more than $3 million for the preceding estimate that there are no more than 172 licenses for narrowband PCS. There are three years. The SBA has approved small paging carriers. We estimate that 11 nationwide and 30 regional licensees these definitions. An auction of Phase II the majority of private and common for narrowband PCS. The Commission licenses commenced on September 15, carrier paging providers would qualify does not have sufficient information to 1998, and closed on October 22, 1998. as small entities under the SBA determine whether any of these Nine hundred and eight (908) licenses definition. licensees are small businesses within were auctioned in three different-sized Mobile Service Carriers. Neither the the SBA-approved definition for geographic areas: 3 nationwide licenses, Commission nor the SBA has developed radiotelephone companies. At present, 30 Regional Economic Area Group a definition of small entities specifically there have been no auctions held for the (REAG) licenses, and 875 Economic applicable to mobile service carriers, Area (EA) licenses. Of the 908 licenses such as paging companies. As noted major trading area (MTA) and basic auctioned, 693 were sold. Companies above in the section concerning paging trading area (BTA) narrowband PCS claiming small business status won: 1 of service carriers, the closest applicable licenses. The Commission anticipates a the Nationwide licenses, 67% of the definition under the SBA rules is that total of 561 MTA licenses and 2,958 Regional licenses, 47% of the REAG for radiotelephone (i.e., wireless) BTA licenses will be awarded by licenses and 54% of the EA licenses. As companies, and recent data show that auction. Such auctions, however, have of January 22, 1999, the Commission 172 carriers reported that they were not yet been scheduled. Given that announced that it was prepared to grant engaged in the provision of either nearly all radiotelephone companies 654 of the Phase II licenses won at paging or ‘‘other mobile’’ services. have no more than 1,500 employees, auction. A second 220 MHz Radio Consequently, we estimate that there are and no reliable estimate of the number Service auction began on June 8, 1999 no more than 172 small mobile service of prospective MTA and BTA and closed on June 30, 1999. This carriers. narrowband licensees can be made, we auction offered 225 licenses in 87 EAs Broadband Personal Communications assume, for our purposes here, that all and 4 REAGs. (A total of 9 REAG Service (PCS). The broadband PCS of the licenses will be awarded to small licenses and 216 EA licenses. No spectrum is divided into six frequency entities, as that term is defined by the nationwide licenses were available in blocks designated A through F, and the SBA. this auction.) Of the 215 EA licenses Commission has held auctions for each Rural Radiotelephone Service. The won, 153 EA licenses (71%) were won block. The Commission defined ‘‘small Commission has not adopted a by bidders claiming small business entity’’ for blocks C and F as an entity definition of small entity specific to the status. Of the 7 REAG licenses won, 5 that has average gross revenues of less Rural Radiotelephone Service. A REAG licenses (71%) were won by than $40 million in the three previous significant subset of the Rural bidders claiming small business status. calendar years. For block F, an Radiotelephone Service is the Basic Private and Common Carrier Paging. additional classification for ‘‘very small Exchange Telephone Radio Systems The Commission has adopted a two-tier business’’ was added and is defined as (BETRS). We will use the SBA’s definition of small businesses in the an entity that, together with affiliates, definition applicable to radiotelephone context of auctioning licenses in the has average gross revenues of not more companies, i.e., an entity employing no Common Carrier Paging and exclusive than $15 million for the preceding three more than 1,500 persons. There are Private Carrier Paging services. A small calendar years. These regulations approximately 1,000 licensees in the business will be defined as either: (1) defining ‘‘small entity’’ in the context of Rural Radiotelephone Service, and we An entity that, together with its affiliates broadband PCS auctions have been estimate that almost all of them qualify
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as small entities under the SBA’s controlling interests and affiliates, has 12 radiotelephone firms out of a total of definition. average gross revenues for the preceding 1,178 such firms that operated during Air-Ground Radiotelephone Service. three years not to exceed $3 million 1992 had 1,000 or more employees. This The Commission has not adopted a dollars. There are approximately 10,672 information notwithstanding, we definition of small entity specific to the licensees in the Marine Coast Service, believe that there are only two licensees Air-Ground Radiotelephone Service. and the Commission estimates that in the 24 GHz band that were relocated Accordingly, we will use the SBA’s almost all of them qualify as ‘‘small’’ from the 18 GHz band, Teligent and definition applicable to radiotelephone businesses under the Commission’s TRW, Inc. Both Teligent and TRW, Inc. companies, i.e., an entity employing no definition, which has been approved by appear to have more than 1,500 more than 1,500 persons. There are the SBA. employees. Therefore, it appears that no approximately 100 licensees in the Air- Fixed Microwave Services. Microwave incumbent licensee in the 24 GHz band Ground Radiotelephone Service, and we services include common carrier, is a small business entity. estimate that almost all of them qualify private-operational fixed, and broadcast Future 24 GHz Licensees. The rules as small under the SBA definition. auxiliary radio services. At present, that we may later adopt could also affect Specialized Mobile Radio (SMR). The there are approximately 22,015 common potential new licensees on the 24 GHz Commission awards bidding credits in carrier fixed licensees and 61,670 band. Pursuant to 47 CFR 24.720(b), the auctions for geographic area 800 MHz private operational-fixed licensees and Commission has defined ‘‘small and 900 MHz SMR licenses to two tiers broadcast auxiliary radio licensees in business’’ for Blocks C and F broadband of firms: (1) ‘‘small entities,’’ those with the microwave services. The PCS licensees as firms that had average revenues of no more than $15 million in Commission has not yet defined a small gross revenues of less than $40 million each of the three previous calendar business with respect to microwave in the three previous calendar years. years; and (2) ‘‘very small entities,’’ services. For our purposes here, we will This regulation defining ‘‘small those with revenues of no more than $3 utilize the SBA’s definition applicable business’’ in the context of broadband million in each of the three previous to radiotelephone companies—i.e., an PCS auctions has been approved by the calendar years. The regulations defining entity with no more than 1,500 persons. SBA. With respect to new applicants in ‘‘small entity’’ and ‘‘very small entity’’ Under this definition, we estimate that the 24 GHz band, we shall use this in the context of 800 MHz SMR (upper all of the Fixed Microwave licensees definition of ‘‘small business’’ and 10 MHz and lower 230 channels) and (excluding broadcast auxiliary apply it to the 24 GHz band under the 900 MHz SMR have been approved by licensees) would qualify as small name ‘‘entrepreneur.’’ With regard to the SBA. The Commission does not entities. ‘‘small business,’’ we shall adopt the know how many firms provide 800 MHz Local Multipoint Distribution Service. definition of ‘‘very small business’’ used or 900 MHz geographic area SMR The Commission held two auctions for for 39 GHz licenses and PCS C and F service pursuant to extended licenses in the Local Multipoint block licenses: businesses with average implementation authorizations, nor how Distribution Services (LMDS) (Auction annual gross revenues for the three many of these providers have annual No. 17 and Auction No. 23). For both of preceding years not in excess of $15 revenues of no more than $15 million. these auctions, the Commission defined million. Finally, ‘‘very small business’’ One firm has over $15 million in a small business as an entity, together in the 24 GHz band shall be defined as revenues. We assume, for our purposes with its affiliates and controlling an entity with average gross revenues here, that all of the remaining existing principals, having average gross not to exceed $3 million for the extended implementation revenues for the three preceding years of preceding three years. The Commission authorizations are held by small not more than $40 million. A very small will not know how many licensees will entities, as that term is defined by the business was defined as an entity, be small or very small businesses until SBA. The Commission has held together with affiliates and controlling the auction, if required, is held. Even auctions for geographic area licenses in principals, having average gross after that, the Commission will not the 800 MHz (upper 10 MHz) and 900 revenues for the three preceding years of know how many licensees will partition MHz SMR bands. There were 60 not more than $15 million. Of the 144 their license areas or disaggregate their winning bidders that qualified as small winning bidders in Auction Nos. 17 and spectrum blocks, if partitioning and and very small entities in the 900 MHz 23, 125 bidders (87%) were small or disaggregation are allowed. auction. Of the 1,020 licenses won in very small businesses. 39 GHz. The Commission held an the 900 MHz auction, 263 licenses were 24 GHz—Incumbent 24 GHz auction (Auction No. 30) for fixed point- won by bidders qualifying as small and Licensees. The rules that we may later to-point microwave licenses in the 38.6 very small entities. In the 800 MHz SMR adopt could affect incumbent licensees to 40.0 GHz band (39 GHz Band). For auction, 38 of the 524 licenses won were who were relocated to the 24 GHz band this auction, the Commission defined a won by small and very small entities. from the 18 GHz band, and applicants small business as an entity, together Marine Coast Service. Between who wish to provide services in the 24 with affiliates and controlling interests, December 3, 1998 and December 14, GHz band. The Commission has not having average gross revenues for the 1998, the Commission held an auction developed a definition of small entities three preceding years of not more than of 42 VHF Public Coast licenses in the applicable to licensees in the 24 GHz $40 million. A very small business was 157.1875–157.4500 MHz (ship transmit) band. Therefore, the applicable defined as an entity, together with and 161.775–162.0125 MHz (coast definition of small entity is the affiliates and controlling principals, transmit) bands. For purposes of this definition under the SBA rules for the having average gross revenues for the auction, and for future public coast radiotelephone industry, providing that three preceding years of not more than auctions, the Commission defines a a small entity is a radiotelephone $15 million. The SBA has approved ‘‘small’’ business as an entity that, company employing fewer than 1,500 these definitions. Of the 29 winning together with controlling interests and persons. The 1992 Census of bidders in Auction No. 30, 18 bidders affiliates, has average gross revenues for Transportation, Communications and (62%) were small business participants. the preceding three years not to exceed Utilities, conducted by the Bureau of the Multipoint Distribution Service $15 million dollars. A ‘‘very small’’ Census, which is the most recent (MDS). This service involves a variety of business is one that, together with information available, shows that only transmitters, which are used to relay
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data and programming to the home or winning bidder that qualified as a small entrants may be required to produce office, similar to that provided by cable business entity. We conclude that the information regarding the costs of television systems. In connection with number of geographic area WCS carrying ISP-bound traffic on their the 1996 MDS auction, the Commission licensees affected includes these eight networks. defined small businesses as entities that entities. The NPRM seeks comment on the had annual average gross revenues for General Wireless Communication extent to which a new regime would the three preceding years not in excess Service (GWCS). This service was comply with reciprocal compensation of $40 million. This definition of a small created by the Commission on July 31, obligations regarding traffic balances entity in the context of MDS auctions 1995 by transferring 25 MHz of and symmetrical rates. If rules should has been approved by the SBA. These spectrum in the 4660–4685 MHz band follow on this issue, they may require stations were licensed prior to from the federal government to private carriers to report traffic imbalances, implementation of section 309(j) of the sector use. The Commission sought and corresponding to rate symmetry. This is Communications Act of 1934, as obtained SBA approval of a refined especially true in the context of LEC- amended. Licenses for new MDS definition of ‘‘small business’’ for GWCS CMRS interconnection, in which the facilities are now awarded to auction in this band. According to this NPRM seeks comment on the feasibility winners in Basic Trading Areas (BTAs) definition, a small business is any of cost studies that CMRS carriers could and BTA-like areas. The MDS auctions entity, together with its affiliates and use to justify separate treatment. entities holding controlling interests in resulted in 67 successful bidders V. Steps Taken To Minimize Significant the entity, that has average annual gross obtaining licensing opportunities for Economic Impact on Small Entities, and revenues over the three preceding years 493 BTAs. Of the 67 auction winners, 61 Significant Alternatives Considered meet the definition of a small business. that are not more than $40 million. By MDS is also heavily encumbered with letter dated March 30, 1999, NTIA The RFA requires an agency to licensees of stations authorized prior to reclaimed the spectrum allocated to describe any significant alternatives that the MDS auction. SBA has developed a GWCS and identified alternative it has considered in reaching its definition of small entities for pay spectrum at 4940–4990 MHz. On proposed approach, which may include television services, which includes all February 23, 2000, the Commission the following four alternatives (among such companies generating $11 million released its Notice of Proposed others): (1) The establishment of or less in annual receipts. This Rulemaking in WT Docket No. 00–32 differing compliance or reporting definition includes MDS systems, and proposing to allocate and establish requirements or timetables that take into thus applies to incumbent MDS licensing and service rules for the 4.9 account the resources available to small licensees and wireless cable operators GHz band. entities; (2) the clarification, which may not have participated or consolidation, or simplification of IV. Description of Projected Reporting, been successful in the MDS auction. compliance or reporting requirements Recordkeeping and Other Compliance Information available to us indicates under the rule for small entities; (3) the Requirements that there are 832 of these licensees and use of performance, rather than design, operators that do not generate revenue There are certain transaction costs for standards; and (4) an exemption from in excess of $11 million annually. terminating access, including measuring coverage of the rule, or any part thereof, Therefore, for purposes of this analysis, and billing. Under the existing CPNP for small entities. we find there are approximately 892 regime, the terminating LEC bills the Although the transaction costs for small MDS providers as defined by the originating network, whereas under bill terminating access can increase under a SBA and the Commission’s auction and keep, the terminating LEC may bill bill-and-keep arrangement, the impact rules. its own customers. The NPRM seeks on small entities would be minimal Offshore Radiotelephone Service. This comment on the relative transaction since measuring and billing is already a service operates on several UHF TV costs of each proposal, weighed against fundamental component of their broadcast channels that are not used for the other efficiencies of the various operations. Furthermore, the advantages TV broadcasting in the coastal area of alternatives. Transaction costs can of a bill-and-keep regime, in providing the states bordering the Gulf of Mexico. increase under a bill-and-keep clearer demarcations of cost between At present, there are approximately 55 arrangement, for example, since each carriers, appear to outweigh the licensees in this service. We are unable carrier may be responsible for minimal increase in transaction costs at this time to estimate the number of measuring and billing its own customers that could occur under bill and keep. licensees that would qualify as small for all traffic, rather than merely With regard to the related task of under the SBA’s definition for measuring and billing the originating allocating transport costs, the same radiotelephone communications. carrier. reasoning applies to small entities in Wireless Communications Services Apart from the transaction costs for that the clearer demarcations between (WCS). This service can be used for termination, the NPRM more broadly carriers inherent in bill and keep fixed, mobile, radio-location and digital suggests that a new regime could free outweighs the potential burden of audio broadcasting satellite uses. The regulators from allocating transport setting the level and structure of Commission defined ‘‘small business’’ costs, and from setting the level and termination rates. Regardless, many for the WCS auction as an entity with structure of termination rates. Where small entities are competitive entrants average gross revenues of $40 million rates had once been set by regulation, such as CLECs, which currently enjoy for each of the three preceding years, individual carriers, including small specific exemptions from ILEC rate and a ‘‘very small business’’ as an entity entities, could inherit this regulation. with average gross revenues of $15 responsibility. A potential benefit may accrue to million for each of the three preceding As a result of rules from this small-entity LECs transporting ISP- years. The Commission auctioned proceeding, incumbent LECs and CLECs bound traffic. As discussed above, the geographic area licenses in the WCS may be required to discern the amount Commission may adopt rules that may service. In the auction, there were seven of traffic carried on their networks that require incumbent LECs and CLECs to winning bidders that qualified as very is bound for ISPs. In addition, such discern the amount of traffic carried on small business entities, and one incumbent LECs and competitive their networks that is bound for ISPs. As
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a result of such rules, incumbent LECs each filing. All filings must be sent to length of their submission. We also and CLECs, including small-entity the Commission’s Secretary, Magalie strongly encourage that parties track the incumbent LECs and CLECs, will be Roman Salas, Office of the Secretary, organization set forth in the NPRM to able to receive compensation for the Federal Communications Commission, facilitate our internal review process. delivery of ISP-bound traffic that they Room TW–B204, 445 12th Street, SW., Pursuant to 47 CFR 1.200(a), which might not otherwise receive. The NPRM Washington, DC 20554. Regardless of permits the Commission to adopt separately requests comment on whether parties choose to file modified or more stringent ex parte alternative proposals. electronically or by paper, parties procedures in particular proceedings if The NPRM seeks comment on the should also serve: (1) Paul Moon, the public interest so requires, we issue of asymmetrical compensation for Common Carrier Bureau, 445 12th announce that this proceeding will be unbalanced traffic. Although small Street, SW., Room 3–C423, Washington, governed by ‘‘permit-but-disclose’’ ex entities could experience an increase in DC 20554; (2) Jane Jackson, Common parte procedures that are applicable to reporting and recordkeeping when Carrier Bureau, 445 12th Street, SW., non-restricted proceedings under 47 submitting cost studies to this effect, if Room 5–A225, Washington, DC 20554; CFR 1.1206. Designating this proceeding adopted, such a requirement would and (3) the Commission’s copy as ‘‘permit-but-disclose’’ will provide an more accurately serve the revenue contractor, International Transcription opportunity for all interested parties to requirements of small entities in Service, Inc. (ITS), 445 12th Street, SW., receive notice of the various technical, relation to larger competitors. Room CY–B402, Washington, DC 20554, legal, and policy issues raised in ex Finally, the NPRM seeks comment on (202) 857–3800, with copies of any parte presentations made to the additional impacts on small entities that documents filed in this proceeding. Commission in the course of this may result from any new intercarrier Comments and reply comments will be proceeding. This will allow interested compensation regime. When seeking available for public inspection during parties to file responses or rebuttals to comment on the alternative of regular business hours in the FCC proposals made on the record in this contractual arrangements for intercarrier Reference Center, Room CY–A257, 445 proceeding. Accordingly, we find that it compensation, the NPRM asks 12th Street, SW., Washington, DC is in the public interest to designate this commenters to address the potential 20554. proceeding as ‘‘permit-but-disclose.’’ impacts of such a market-based Parties who choose to file by paper Parties making oral ex parte approach on small entities, such as the should also submit their comments on presentations are reminded that refusal to carry traffic. diskette. These diskettes should be memoranda summarizing the submitted to Wanda Harris, Common presentation must contain a summary of VI. Federal Rules That May Duplicate, Carrier Bureau, 445 12th Street, SW., the substance of the presentation and Overlap or Conflict With the Proposed Room 5–A452, Washington, DC 20554. not merely a listing of the subjects Rules Such a submission should be on a 3.5- discussed. More than a one or two None. inch diskette formatted in a Windows- sentence description of the views and Comment Filing Procedures compatible format using Microsoft Word arguments presented is generally or compatible software. The diskette required. See 47 CFR 1.1206(b)(2), as Pursuant to sections 1.415, 1.419, and should be accompanied by a cover letter revised. Other rules pertaining to oral 1.430 of the Commission’s rules, 47 CFR and should be submitted in ‘‘read only’’ and written presentations are set forth 1.415, 1.419, 1.430, interested parties mode. The diskette should be clearly in section 1.206(b) as well. Interested may file comments within 90 days after labeled with the commenter’s name, parties are to file any written ex parte publication in the Federal Register, and proceeding (including the docket presentations in this proceeding with reply comments within 135 days after number—in this case, CC Docket No. the Commission Secretary, Magalie publication in the Federal Register. All 01–92), type of pleading (comment or Roman Salas, 445 12th Street, SW., TW– filings should refer to CC Docket No. reply comment), date of submission, B204, Washington, DC 20554, and serve 01–92. Comments may be filed using the and the name of the electronic file on with copies: (1) Paul Moon, Common Commission’s Electronic Comment the diskette. The label should also Carrier Bureau, 445 12th Street, SW., Filing System (ECFS) or by filing paper include the following phrase: ‘‘Disk Room 3–C423, Washington, DC 20554; copies. Comments filed through the Copy—Not an Original.’’ Each diskette (2) Jane Jackson, Common Carrier ECFS can be sent as an electronic file should contain only one party’s Bureau, 445 12th Street, SW., Room 5– via the Internet to http://www.fcc.gov/e- pleadings, preferably in a single A225, Washington, DC 20554; and (3) file/ecfs.html. Generally, only one copy electronic file. In addition, commenters International Transcription Service, Inc. of an electronic submission must be must send diskette copies to the (ITS), 445 12th Street, SW., Room CY– filed. In completing the transmittal Commission’s copy contractor, B402, Washington, DC 20554, (202) screen, commenters should include International Transcription Service, 857–3800. their full name, Postal Service mailing Inc., 1231 20th Street, NW., Because many of the matters on address, and the applicable docket Washington, DC 20036. which we request comment in this number, which in this instance is CC Comments and reply comments must NPRM may call on parties to disclose Docket No. 01–92. Parties may also include a short and concise summary of proprietary information such as market submit an electronic comment by the substantive arguments raised in the research and business or technical Internet e-mail. To get filing instructions pleading. Comments and reply plans, we suggest that parties consult 47 for e-mail comments, commenters comments must also comply with CFR 0.459 about the submission of should send an e-mail to section 1.49 and all other applicable confidential information.
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and 403, and sections 1.1, 1.411 and Information Center, Shall Send a copy Federal Communications Commission. 1.412 of the Commission’s rules, 47 CFR of this NPRM, including the Initial Magalie Roman Salas, 1.1, 1.411 and 1.412. Regulatory Flexibility Analysis, to the Secretary. The Commission’s Consumer Chief Counsel for Advocacy of the Small [FR Doc. 01–12759 Filed 5–22–01; 8:45 am] Information Bureau, Reference Business Administration. BILLING CODE 6712–01–P
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Notices Federal Register Vol. 66, No. 100
Wednesday, May 23, 2001
This section of the FEDERAL REGISTER National Organic Program s homepage DEPARTMENT OF AGRICULTURE contains documents other than rules or at http://www.ams.usda.gov/nop. proposed rules that are applicable to the Agricultural Marketing Service public. Notices of hearings and investigations, FOR FURTHER INFORMATION CONTACT: Bob committee meetings, agency decisions and Pooler, Marketing Specialist, National [Docket No. TB–01–02] rulings, delegations of authority, filing of Organic Program, USDA/AMS/TM/ petitions and applications and agency NOP, PO Box 96456, Room 2510–South, Flue-Cured Tobacco Advisory statements of organization and functions are Ag Stop 0268, Washington, DC, 20090– Committee; Meeting examples of documents appearing in this 6456; Telephone: (202) 690–3655; Fax: section. In accordance with the Federal (202) 205–7808; e-mail: Advisory Committee Act (5 U.S.C. App.) [email protected]. announcement is made of the following committee meeting: DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: The Organic Certification Cost-Share Name: Flue-Cured Tobacco Advisory Agriculture Marketing Service Program is part of the Agricultural Committee. Date: June 21, 2001. Management Assistance Program Time: 9 a.m. [TM–01–02] authorized under the Agricultural Risk Place: United States Department of Protection Act of 2000 (ARPR), Public Notice of Organic Certification Cost Agriculture, (USDA), Agricultural Marketing Law 106–224, section 524, 114 Stat. 387 Service (AMS), Tobacco Programs, Flue- Share Program (2000), 7 U.S.C. 1524. Under the Cured Tobacco Cooperative Stabilization Corporation Building, Room 223, 1306 AGENCY: Agricultural Marketing applicable ARPR provisions, the Annapolis Drive, Raleigh, North Carolina Services, USDA. Department is authorized to provide cost share assistance to producers in not 27608. ACTION: Notice. Purpose: To elect officers, establish more than 15 states which have a submarketing areas, recommend opening SUMMARY: This Notice invites eligible historically low participation rate in the dates, discuss selling schedules, and other States to submit a Standard Form 424, Federal crop insurance program. One of related matters for the 2001 flue-cured Application for Federal Assistance, and the purposes of the ARPR’s cost-share tobacco marketing season. to enter into a Cooperative Agreement program is to assist producers in The meeting is open to the public. Persons, with the Agricultural Marketing Service transitioning to the new National other than members, who wish to address the Committee at the meeting should contact for the Allocation of Organic Organic Program authorized under the Organic Foods Production Act of 1990, John P. Duncan III, Deputy Administrator, Certification Cost-Share Funds. The Tobacco Programs, AMS, USDA, STOP 0280, Agricultural Marketing Service (AMS) 7 U.S.C. 6501–6522. 1400 Independence Avenue, SW., Room 502 has allocated $1.0 million for an organic The Department has determined that Cotton Annex Building, Washington, DC certification cost-share program in the following States are eligible to 20250–0280, (202) 205–0567, prior to the Fiscal Year 2001. Funds will be participate in the program: Connecticut, meeting. Written statements may be available under this program to 15 Delaware, Maine, Maryland, submitted to the Committee before, at, or designated States to assist organic crop Massachusetts, Nevada, New after the meeting. If you need any accommodations to participate in the and livestock producers in transitioning Hampshire, New Jersey, New York, meeting, please contact the Tobacco into the new National Organic Program. Pennsylvania, Rhode Island, Utah, Programs at (202) 205–0567 by June 15, 2001, Eligible States interested in obtaining Vermont, West Virginia, or Wyoming. and inform us of your needs. cost-share funds for their organic To participate in the program, eligible Dated: May 17, 2001 producers will have to submit an States must complete a Standard Form Kenneth C. Clayton, Application for Federal Assistance, and 424, Application for Federal Assistance, will have to enter into a cooperative Acting Administrator. and enter into a written cooperative [FR Doc. 01–12936 Filed 5–22–01; 8:45 am] agreement with AMS for the allocation agreement with AMS. The program will of such funds. provide cost-share assistance, through BILLING CODE 3410–02–P DATES: Completed applications for participating States, to organic crop and federal assistance along with signed livestock producers who have been cooperative agreements must be certified by a certifying agent as of DEPARTMENT OF COMMERCE received by July 9, 2001 in order to December 21, 2000. The Department has Bureau of Export Administration participate in the program. determined that payments will be ADDRESSES: Applications for federal limited to 70 percent of an individual Action Affecting Export Privileges; assistance and cooperative agreements producer’s certification costs up to a TAL Industries, Inc.; In the Matter of: shall be requested from and submitted maximum of $500.00. TAL Industries, Inc., 901 Corporate to: Bob Pooler, Marketing Specialist, Authority: Pub. L. 106–224, section 524, Center Drive, Suite 207, Monterey Park, National Organic Program, USDA/AMS/ 114 Stat. 387 (2000), 7 U.S.C. 1524. CA 91754, Respondent TMP/NOP, PO Box 96456, Room 2510- Dated: May 17, 2001. South, Ag Stop 0268, Washington, DC Order 20090–6456; Telephone: (202) 690– Kenneth C. Clayton, The Bureau of Export Administration, 3655; Fax: (202) 205–7808; e-mail: Acting Administrator. United States Department of Commerce [email protected]. Additional [FR Doc. 01–12937 Filed 5–22–01; 8:45 am] (hereinafter ‘‘BXA’’), having notified information may be found through the BILLING CODE 3410–02–P TAL Industries, Inc. (hereinafter ‘‘TAL’’)
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of its intention to initiate an the end-use of the machine tools was for Nanchang, China in violation of the administrative proceeding against it the Trunkliner program. However, the terms and conditions of the licenses pursuant to section 13(c) of the Export CATIC Machining Company, Ltd. in would not be unpacked until Administration Act of 1979, as amended Beijing, China was not the end-user nor authorization was received from the (50 U.S.C. app. secs. 2401–2420 (1994 & the ultimate consignee of the machine U.S. Department of Commerce. Supp. IV 1998)) (hereinafter the ‘‘Act’’),1 tools, and the machine tools were not However, the stretch press had been and the Export Administration for use in the Trunkliner program. unpacked and placed in a building in Regulations (currently codified at 15 Nanchang, China. 2. 15 CFR 787.5(a)(1): Misrepresentation CFR parts 730–774 (2000)) (the and Concealment 3. 15 CFR 787.6: Export, Diversion, ‘‘Regulations’’),2 based on allegations Reexport, and Transshipment that TAL committed 24 violations of the a. On or about May 26, 1994, TAL former Regulations, to wit, 1 violation of committed 10 violations of § 787.5(a)(1) Between on or about November 12, § 787.3(b), 13 violations of § 787.5(a)(1), of the former Regulations by making or 1994 and on or about February 18, 1995, and 10 violations of § 787.6 of the causing to be made false or misleading TAL committed 10 violations § 787.6 of former Regulations, as follows: representations of material fact to BXA the former Regulations by violating or and other U.S. Government agencies in causing the violation of the terms and 1. 15 CFR 787.3(b): Conspiracy connection with 10 separate export conditions of 10 separate Department of Beginning in 1992 and continuing license applications submitted to BXA Commerce export licenses. The 10 into 1995, TAL committed 1 violation of by Douglas Aircraft (the McDonnell export licenses named China National § 787.3 of the former Regulations by Douglas Corporation) for the export of Aero-Technology International Supply conspiring and acting in concert with machine tools to China. For each of Company as the purchaser, China others to violate the Act and former these 10 license applications, TAL Aviation Supply and Marketing Regulations. The goal of the conspiracy falsely gave assurances and represented Corporation, North China Branch, as the was to obtain Department of Commerce on end-user and ultimate consignee intermediate consignee, CATIC export licenses authorizing the export of statements, export control documents as Machining Company, Ltd. as the machine tools from the United States to defined in § 770.2 of the former ultimate consignee, and the Trunkliner the CATIC Machining Company, Ltd. in Regulations, that the CATIC Machining program as the end-use. TAL violated Beijing, China for use in the machining Company, Ltd. in Beijing, China would the terms and conditions of each of the of parts and components of civil aircraft be the end-user of the machine tools and 10 export licenses by diverting the that were planned for a joint project the end-use of the machine tools was for machine tools to unauthorized end- with the McDonnell Douglas machining the parts and components of users in China, including the Nanchang Corporation (hereinafter the ‘‘Trunkliner civil aircraft in the Trunkliner program. Aircraft Manufacturing Company. program’’) and then to divert the However, the CATIC Machining BXA and TAL having entered into a machine tools to unauthorized end- Company, Ltd. in Beijing, China was Settlement Agreement pursuant to users in China, including the Nanchang neither the end-user nor the ultimate § 766.18(a) of the Regulations whereby Aircraft Manufacturing Company. To consignee, and the machine tools were they agreed to settle this matter in accomplish the goal of the conspiracy, not for use in the Trunkliner program. accordance with the terms and the conspirators, including TAL, took b. On or about June 7, 1994 and on or conditions set forth therein, and the actions in furtherance of the conspiracy, about June 23, 1994, TAL, through the terms of the Settlement Agreement primarily by making or causing to be McDonnell Douglas Corporation, having been approved by me; made false and misleading committed two violations of It is therefore ordered: representations of material fact, directly § 787.5(a)(1) of the former Regulations First, that a civil penalty of $1,320,000 and indirectly, to BXA and other U.S. by falsely representing to BXA and other is assessed against TAL, which shall be Government agencies. The false and U.S. government agencies that the paid to the U.S. Department of misleading representations included machine tools were to be exported to the Commerce within thirty days from the misrepresentations about the end-user CATIC Machining Company, Ltd. in date of entry of this Order. Payment and end-use of the machine tools. The Beijing, China, they were for use in the shall be made in the manner specified conspirators, including TAL, Trunkliner program, and the Trunkliner in the attached instructions. represented that the CATIC Machining program was being was carried out in Second, that, pursuant to the Debt Center, Ltd. in Beijing, China would be accordance with the 1992 contract. Collection Act of 1982, as amended (31 the end-user of the machine tools and However, the CATIC Machining U.S.C. 3701–3720E (1983 and Supp. Company, Ltd. in Beijing, China was 2000)), the civil penalty owned under 1 The Act expired on August 20, 1994. Executive neither the end-user nor the ultimate this Order accrues interest as more fully Order 12924 (3 CFR, 1994 Comp. 917 (1995)), consignee, the machine tools were not described in the attached Notice, and, if which had been extended by successive Presidential Notices, the most recent being that of for use in the Trunkliner program, and payment is not made by the due date August 3, 2000 (65 FR 48347, August 8, 2000), the Trunkliner program had been specified herein, TAL will be assessed, continued the Regulations in effect under the delayed and was not being carried out in addition to interest, a penalty charge International Emergency Economic Powers Act (50 in accordance with the 1992 contract. and an administrative charge, as more U.S.C. 1701–1706 (1994 & Supp. IV 1998)) until November 13, 2000 when the Act was reauthorized, c. On or about June 5, 1995, TAL, fully described in the attached Notice. See Pub. L. 106–508, 114 Stat. 2360. through the China National Aero- Third, that for a period of ten years 2 The alleged violations occurred in 1994 and Technology Import and Export from the date of this Order, TAL 1995. The Regulations governing those violations Corporation, committed 1 violation of Industries, Inc., 901 Corporate Center are found in the 1994 and 1995 versions of the Code § 787.5(a)(1) of the former Regulations Drive, Suite 207, Monterey Park of Federal Regulations (15 CFR parts 768–799 (1994–1995)) (hereinafter the ‘‘former by submitting a letter to BXA falsely California 91754, shall be denied its Regulations’’). The former Regulations define the representing that the machine tools that U.S. export privileges as described violations that BXA alleges occurred. Since that were authorized for export to the CATIC herein (hereinafter the ‘‘denial period’’). time, the Regulations have been reorganized and restructured; the Regulations establish the Machining Company, Ltd. in Beijing, TAL and all of its successors, assigns, procedures that apply to the matters set forth China and diverted to the Nanchang officers, representatives, agents, and herein. Aircraft Manufacturing Company in employees, may not participate, directly
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or indirectly, in any way in any has been or will be exported from the This Order, which constitutes the transaction involving any commodity, United States and that is owned, final agency action in these matters, is software, or technology (hereinafter possessed or controlled by the denied effective immediately. collectively referred to as ‘‘item’’) person, or service any item, of whatever Dated: Entered this 11th day of May, 2001. exported or to be exported from the origin, that is owned, possessed or Dexter M. Price, United States that is subject to the controlled by the denied person if such Regulations, or in any other activity Acting Assistant Secretary for Export service involves the use of any item Enforcement. subject to the Regulations, including, subject to the Regulations that has been [FR Doc. 01–13024 Filed 5–22–01; 8:45 am] but not limited to: or will be exported from the United A. Applying for, obtaining, or using States. For purposes of this paragraph, BILLING CODE 3510–DT–M any license, License Exception, or servicing means installation, export control document; maintenance, repair, modification or DEPARTMENT OF COMMERCE B. Carrying on negotiations testing. concerning, or ordering, buying, Fifth, that, after notice and International Trade Administration receiving, using, selling, delivering, opportunity for comment as provided in storing, disposing of, forwarding, Section 766.23 of the Regulations, any Initiation of Antidumping and transporting, financing, or otherwise person, firm, corporation, or business Countervailing Duty Administrative servicing in any way, any transaction organization related to the denied Reviews involving any item exported or to be person by affiliation, ownership, exported from the United States that is AGENCY: Import Administration, control, or position of responsibility in subject to the Regulations, or in any International Trade Administration, other activity subject to the Regulations; the conduct of trade or related services Department of Commerce. or may also be made subject to the provisions of this Order. ACTION: Notice of initiation of C. Benefitting in any way from any antidumping and countervailing duty transaction involving any item exported Sixth, that this Order does not administrative reviews. or to be exported from the United States prohibit any export, reexport, or other that is subject to the Regulations, or in transaction subject to the Regulations SUMMARY: The Department of Commerce any other activity subject to the where the only items involved that are has received requests to conduct Regulations. subject to the Regulations are the administrative reviews of various Fourth, that no person may, directly foreign-produced direct product of U.S.- antidumping and countervailing duty or indirectly, do any of the following: origin technology. orders and findings with April A. Export or reexport to or on behalf Seventh, that TAL shall produce to anniversary dates. In accordance with of TAL or its successors, assigns, the Department of Commerce any the Department’s regulations, we are officers, representatives, agents, or documents, in its custody, care or initiating those administrative reviews. employees (hereinafter the ‘‘denied control, that were supplied to the EFFECTIVE DATE: May 23, 2001. person’’) any item subject to the United States in the case of U.S. v. Regulations; FOR FURTHER INFORMATION CONTACT: CATIC, et al., No. 99–353 (PLF), and Holly A. Kuga, Office of AD/CVD B. Take any action that facilitates the TAL hereby certifies that these acquisition or attempted acquisition by Enforcement, Import Administration, documents are all the documents that International Trade Administration, the denied person or the ownership, are relevant to the sale, licensing or possession, or control of any item U.S. Department of Commerce, 14th diversion of the machine tools from the Street and Constitution Avenue, NW., subject to the Regulations that has been McDonnell Douglas plant in Columbus, or will be exported from the United Washington, DC 20230, telephone: (202) Ohio that were allegedly to be used in 482–4737. States, including financing or other the Trunkliner program; support activities related to a SUPPLEMENTARY INFORMATION: transaction whereby the denied person Eighth, that for the purposes of Background acquires or attempts to acquire such authenticating documents and as ownership, possession or control; otherwise agreed to by the parties, TAL The Department has received timely C. Take any action to acquire from or shall, at its own expense, made its requests, in accordance with 19 CFR to facilitate the acquisition or attempted appropriate employees, representatives, 351.213(b)(2000), for administrative acquisition from the denied person of officers or agents available to the reviews of various antidumping and any item subject to the Regulations that Department of Commerce to testify at countervailing duty orders and findings has been exported form the United any administrative proceeding initiated with April anniversary dates. by BXA in connection with the sale, States. Initiation of Reviews D. Obtain from the denied person in licensing and diversion of the machine the United States any item subject to the tools from the McDonnell Douglas plant In accordance with section 19 CFR Regulations with knowledge or reason in Columbus, Ohio that were allegedly 351.221(c)(1)(i), we are initiating to know that the item will be, or is to be used in the Trunkliner program. administrative reviews of the following intended to be, exported from the Ninth, that the proposed charging antidumping and countervailing duty United States; or letter, the Settlement Agreement, and orders and findings. We intend to issue E. Engage in any transaction to serve this Order shall be made available to the the final results of these reviews not any item subject to the Regulations that public. later than April 30, 2002.
Period to be re- viewed
Antidumping Duty Proceedings Japan: Mechanical Transfer Presses, A–588–810 ...... 2/1/00–1/31/01 Hitachi Zosen Fukui Corporation d/b/a/ H & F Corporation *
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Period to be re- viewed
* Inadvertently omitted from initiation notice published on March 22,2001 (66 FR 16037). Taiwan: Static Random Access Memory Semiconductors, A–583–827 ...... 4/1/00–3/31/01 G-Link Technology Corporation Giga Semiconductor, Inc., dba GSI Technology Mosel Vitelic, Inc./Mosel Vitelic Corp. Winbond Electronics Corporation The People’s Republic of China: Brake Rotors,** A–570–846 ...... 4/1/00–3/31/01 China National Automotive Industry Import & Export Corporation, and manufactured by any company other than Shandong Laizhou CAPCO Industry Shandong Laizhou CAPCO Industry, and manufactured by any company other than Shandong Laizhou CAPCO Indus- try Shenyang Honbase Machinery Co., Ltd., and manufactured by any other company other than Shenyang Honbase Ma- chinery Co., Ltd., or Laizhou Luyuan Automobile Fitting Co. Laizhou Luyuan Automobile Fitting Co., and manufactured by any company other than Laizhou Luyuan Automobile Fitting Co., or Shenyang Honbase Machinery Co., Ltd. China National Machinery and Equipment Import & Export (Xinjiang) Corporation, and manufactured by any company other than Zibo Botai Manufacturing Co., Ltd. Qingdao (Gren) Co. ** If one of the named companies does not qualify for a separate rate, all other exporters of brake rotors from the People’s Republic of China who have not qualified for a separate rate are deemed to be covered by this review as part of the sin- gle PRC entity of which the named exporters are a part. Turkey: Certain Steel Concrete Reinforcing Bars, A–489–807 ...... 4/1/00–3/31/01 Ekinciler Holding, A.S./Ekinciler Demir Celik A.S. Colakoglu Metalurji A.S./Colakoglu Dis Ticaret ICDAS Celik Enerji Tersane ve Ulasim Sanayi, A.S Diler Demir Celik Endustrisi ve Ticaret A.S./Yazici Demir Celik Sanayi ve Ticaret A.S./Diler Dis Ticaret A.S. Habas Sinai ve Tibbi Gazler Istihsal Endustrisi A.S. Countervailing Duty Proceedings None. Suspension Agreements None.
During any administrative review Dated: May 17, 2001. Administrative Review, 66 FR 18747 covering all or part of a period falling Holly A. Kuga, (April 11, 2001) (‘‘Final Results’’)). On between the first and second or third Acting Deputy Assistant Secretary, Group II April 16, 2001, the respondents and fourth anniversary of the for Import Administration. Hyundai Pipe Co., Ltd., Shinho Steel publication of an antidumping duty [FR Doc. 01–13054 Filed 5–22–01; 8:45 am] Co., Ltd., and SeAH Steel Corporation order under section 351.211 or a BILLING CODE 3510–DS–P submitted allegations of ministerial determination under section errors. On April 23, 2001, the domestic 351.218(f)(4) to continue an order or interested parties submitted comments. suspended investigation (after sunset DEPARTMENT OF COMMERCE Based on our review of the submissions received from all parties regarding review), the Secretary, if requested by a International Trade Administration domestic interested party within 30 potential ministerial errors, we have made certain corrections to the margin days of the date of publication of the [A–580–809] calculation for all three respondents. notice of initiation of the review, will Circular Welded Non-Alloy Steel Pipe This correction results in a margin of determine whether antidumping duties From the Republic of Korea; Amended 2.53 percent for HDP, 0.95 percent for have been absorbed by an exporter or Final Results of Antidumping SeAH, and 2.99 percent for Shinho. producer subject to the review if the Administrative Review EFFECTIVE DATE: May 23, 2001. subject merchandise is sold in the FOR FURTHER INFORMATION CONTACT: Greg United States through an importer that AGENCY: Import Administration, Campbell or Suresh Maniam, Group 1, is affiliated with such exporter or International Trade Administration, Office I, Antidumping/Countervailing producer. The request must include the Department of Commerce. ACTION: Notice of amended final results Duty Enforcement, Import name(s) of the exporter or producer for Administration, International Trade which the inquiry is requested. of antidumping duty administrative review of circular welded non-alloy Administration, U.S. Department of Interested parties must submit steel pipe from the Republic of Korea. Commerce, 14th Street and Constitution applications for disclosure under Avenue, NW., Washington, DC 20230; administrative protective orders in SUMMARY: On April 11, 2001, the telephone (202) 482–2239 or (202) 482– accordance with 19 CFR 351.305. Department published the final results 0176, respectively. of the administrative review of the These initiations and this notice are SUPPLEMENTARY INFORMATION: antidumping duty order on circular in accordance with section 751(a) of the welded non-alloy steel pipe from the The Applicable Statute Tariff Act of 1930, as amended (19 USC Republic of Korea (see Circular Welded Unless otherwise indicated, all 1675(a)), and 19 CFR 351.221(c)(1)(i). Non-Alloy Steel Pipe from the Republic citations to the Tariff Act of 1930, as of Korea; Final Results of Antidumping amended (the ‘‘Act’’), are references to
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the provisions effective January 1, 1995, All carbon-steel pipes and tubes detail in the Memorandum to Susan the effective date of the amendments within the physical description above Kuhback, ‘‘Ministerial Error Allegations made to the Act by the Uruguay Round are included within the scope of this for Final Results of Review’’ (May 7, Agreements Act (‘‘URAA’’). In addition, review except line pipe, oil-country 2001). As explained in that unless otherwise indicated, all citations tubular goods, boiler tubing, mechanical memorandum, we agree with DHP’s to the Department of Commerce’s tubing, pipe and tube hollows for ministerial error allegation. This error, (‘‘Department’s’’) regulations are to 19 redraws, finished scaffolding, and however, affects the margin program for CFR Part 351 (2000). finished conduit. In accordance with the all three respondents and, therefore, we Department’s Final Negative have corrected the error for HDP, as well Background Determination of Scope Inquiry on as for SeAH and Shinho. Regarding On April 11, 2001, the Department Certain Circular Welded Non-Alloy SeAh’s and Shinho’s ministerial error published the Final Results. On April Steel Pipe and Tube from Brazil, the allegations, we find these alleged errors 16, 2001, the respondents Hyundai Pipe Republic of Korea, Mexico, and do not constitute ministerial errors Co., Ltd.1 (‘‘HDP’’), Shinho Steel Co., Venezuela (61 11608, March 21, 1996), under 19 CFR 351.224(c) and, Ltd. (‘‘Shinho’’), and SeAH Steel pipe certified to the API 5L line-pipe accordingly, have made no changes to Corporation (‘‘SeAH’’) submitted specification and pipe certified to both the margins to correct them. allegations that the Final Results the API 5L line-pipe specifications and Amended Final Results contained ministerial errors. On April the less-stringent ASTM A–53 standard- 23, 2001, the domestic interested parties pipe specifications, which falls within Based on our review of comments submitted comments regarding Shinho’s the physical parameters as outlined received regarding ministerial errors, we and SeAH’s allegations. The period of above, and entered as line pipe of a kind have made the following change to the review (‘‘POR’’) is November 1, 1998, used for oil and gas pipelines is outside Final Results: We have corrected the through October 31, 1999. of the scope of the antidumping duty SAS calculation program to allow The Department has conducted this order. proper matching of U.S. sales to home administrative review in accordance Imports of these products are market sales. with section 751 of the Act. currently classifiable under the We determine the following dumping following Harmonized Tariff Schedule margins exist for the period November Scope of the Review of the United States (HTSUS) 1, 1998, through October 31, 1999: subheadings: 7306.30.10.00, The merchandise subject to this 7306.30.50.25, 7306.30.50.32, Margin review is circular welded non-alloy Manufacturer/Exporter 7306.30.50.40, 7306.30.50.55, (percent) steel pipe and tube, of circular cross- 7306.30.50.85, and 7306.30.50.90. section, not more than 406.4mm (16 Although the HTSUS subheadings are Shinho ...... 2.99 inches) in outside diameter, regardless SeAH ...... 0.95 provided for convenience and customs, of wall thickness, surface finish (black, HDP ...... 2.53 the written description of the scope of galvanized, or painted), or end finish this proceeding is dispositive. (plain end, beveled end, threaded, or We are issuing and publishing this threaded and coupled). These pipes and Analysis of Comments Received determination and notice in accordance tubes are generally known as standard HDP argued that, due to an anomaly with sections 751(a)(1) and 771(i) of the pipes and tubes, and are intended for in the SAS software used for the margin Act. the low-pressure conveyance of water, calculations, certain U.S. sales were Dated: May 11, 2001. steam, natural gas, air, and other liquids matched to home market sales in a less Faryar Shirzad, and gases in plumbing and heating contemporaneous month, despite the Assistant Secretary for Import systems, air-conditioning units, existence of more contemporaneous Administration. automatic sprinkler systems, and other home market sales of similar [FR Doc. 01–13052 Filed 5–22–01; 8:45 am] related uses. Standard pipe may also be merchandise. SeAH and Shinho argued BILLING CODE 3510–DS–M used for light load-bearing applications, that although the Department intended such as for fence tubing, and as to remove specification as a matching structural pipe tubing used for framing criterion for similar matches only it, in DEPARTMENT OF COMMERCE and as support members for fact, inadvertently removed reconstruction or load-bearing purposes specification from the calculation International Trade Administration in the construction, shipbuilding, program completely—even for purposes [A–570–865] trucking, farm equipment, and other of identical matches. related industries. Unfinished conduit The domestic interested parties made Notice of Postponement of Final pipe is also included in this order. no comments regarding HDP’s Determination of Antidumping Duty ministerial error allegation. Regarding Investigation: Certain Hot-Rolled 1 In a letter dated January 5, 2001, HDP informed SeAH’s and Shinho’s ministerial error Carbon Steel Products From the the Department that its corporate name would allegation, the domestic interested People’s Republic of China change to Hyundai Steel Company effective parties argued that the allegations are February 1, 2001. On February 27, 2001, the AGENCY: Import Administration, Department initiated a changed circumstances not ministerial in nature. Rather, the review to determine whether entries naming domestic interested parties content, International Trade Administration, ‘‘Hyundai Hysco’’ as manufacturer or exporter SeAH and Shinho are merely rearguing Department of Commerce. should receive the cash deposit rate currently ACTION: Notice of postponement of final applied to HDP. Certain Circular Welded Non-Alloy a major point from their briefs, namely, Steel Pipe from the Republic of Korea; Initiation of that the margin calculation program determination of antidumping duty Changed Circumstances Antidumping Duty ought to reflect the matching investigation. Administrative Review, 66 FR 12460 (February 27, methodology or prior reviews of this 2001). Pending a final determination in that EFFECTIVE DATE: May 23, 2001. changed circumstances review, we will continue to order. refer to the respondent in the instant review as We have addressed these comments FOR FURTHER INFORMATION CONTACT: HDP. regarding ministerial error allegations in Carrie Blozy or James Doyle, Office IX,
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DAS Group III, Import Administration, (collectively Baosteel Group) requested Executive Order 11651 of March 3, 1972, as International Trade Administration, that the Department postpone its final amended. U.S. Department of Commerce, 14th determination until not later than 135 The current limit for Category 443 is Street and Constitution Avenue NW, days after the date of the publication of being increased for swing, reducing the Washington, DC 20230; telephone (202) the preliminary determination in the limit for Category 315 to account for the 482–0165 and (202) 482–0159, Federal Register and requested an swing being applied. In addition, the respectively. extension of the provisional measures. limit for Category 443 is also being The Applicable Statute and Regulations In accordance with 19 CFR 351.210(b), increased for carryover. because (1) our preliminary Unless otherwise indicated, all determination is affirmative, (2) A description of the textile and citations to the statute are references to Baosteel Group accounts for a apparel categories in terms of HTS the provisions effective January 1, 1995, significant proportion of exports of the numbers is available in the the effective date of the amendments subject merchandise, and (3) no CORRELATION: Textile and Apparel made to the Tariff Act of 1930 (the Act) compelling reasons for denial exist, we Categories with the Harmonized Tariff by the Uruguay Round Agreements Act are granting Baosteel Group’s request Schedule of the United States (see (URAA). In addition, unless otherwise and are postponing the final Federal Register notice 65 FR 82328, indicated, all citations to Department of determination until no later than 135 published on December 28, 2000). Also Commerce (the Department) regulations days after the publication of preliminary see 65 FR 66719, published on refer to the regulations codified at 19 determination in the Federal Register. November 7, 2000. CFR part 351 (2000). Suspension of liquidation will be D. Michael Hutchinson, Background extended accordingly. This notice is published in Acting Chairman, Committee for the This investigation was initiated on accordance with section 735(a)(2) of the Implementation of Textile Agreements. December 4, 2000. See Notice of Act. Initiation of Antidumping Duty Committee for the Implementation of Textile Investigations: Certain Hot-Rolled Dated: May 16, 2001. Agreements Carbon Steel Flat Products From Faryar Shirzad, May 18, 2001. Argentina, India, Indonesia, Assistant Secretary for Import Commissioner of Customs, Kazakhstan, the Netherlands, the Administration. Department of the Treasury, Washington, DC People’s Republic of China, Romania, [FR Doc. 01–13053 Filed 5–22–01; 8:45 am] 20229. South Africa, Taiwan, Thailand, and BILLING CODE 3510–DS–P Dear Commissioner: This directive Ukraine, 65 FR 77568 (December 12, amends, but does not cancel, the directive 2000). The period of investigation (POI) issued to you on October 27, 2000, by the is April 1, 2000 through September 30, COMMITTEE FOR THE Chairman, Committee for the Implementation 2000. On May 3, 2001, the Department IMPLEMENTATION OF TEXTILE of Textile Agreements. That directive published the notice of preliminary AGREEMENTS concerns imports of certain cotton and wool determination. See Notice of textile products, produced or manufactured Preliminary Determination of Sales at Adjustment of Import Limits for Certain in Colombia and exported during the twelve- Less Than Fair Value: Certain Hot- Cotton and Wool Textiles and Textile month period which began on January 1, Rolled Carbon Steel Flat Products From Products Produced or Manufactured in 2001 and extends through December 31, the People’s Republic of China, 66 FR Colombia 2001. 22183 (May 3, 2001). Effective on May 25, 2001, you are directed May 18, 2001. to adjust the current limits for the following Postponement of Final Determination AGENCY: Committee for the and Extension of Provisional Measures categories, as provided for under the Uruguay Implementation of Textile Agreements Round Agreement on Textiles and Clothing: Section 735(a)(2) of the Act provides (CITA). that a final determination may be ACTION: Issuing a directive to the Category Adjusted twelve-month postponed until not later than 135 days Commissioner of Customs adjusting limit 1 after the date of the publication of the limits. preliminary determination if, in the 315 ...... 31,097,800 square event of an affirmative determination, a EFFECTIVE DATE: May 25, 2001. meters. 443 ...... 158,100 numbers. request for such postponement is made FOR FURTHER INFORMATION CONTACT: Roy by exporters who account for a Unger, International Trade Specialist, 1 The limits have not been adjusted to ac- significant proportion of exports of the Office of Textiles and Apparel, U.S. count for any imports exported after December subject merchandise, or in the event of Department of Commerce, (202) 482– 31, 2000. a negative preliminary determination, a 4212. For information on the quota The Committee for the Implementation of request for such postponement is made status of these limits, refer to the Quota Textile Agreements has determined that by petitioner. The Department’s Status Reports posted on the bulletin these actions fall within the foreign affairs regulations, at 19 CFR 351.210(e)(2), boards of each Customs port, call (202) exception of the rulemaking provisions of 5 require that requests by respondents for 927–5850, or refer to the U.S. Customs U.S.C. 553(a)(1). postponement of a final determination website at http://www.customs.gov. For Sincerely, be accompanied by a request for information on embargoes and quota re- D. Michael Hutchinson, extension of provisional measures from openings, refer to the Office of Textiles a four-month period to not more than Acting Chairman, Committee for the and Apparel website at http:// Implementation of Textile Agreements. six months. otexa.ita.doc.gov. In a May 7, 2001 request Shanghai [FR Doc. 01–13023 Filed 5–22–01; 8:45 am] SUPPLEMENTARY INFORMATION: Baosteel Group Corporation, Baoshan BILLING CODE 3510–DR–F Iron and Steel Co., Ltd., and Baosteel Authority: Section 204 of the Agricultural Group International Trade Corporation Act of 1956, as amended (7 U.S.C. 1854);
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COMMITTEE FOR THE made fiber, silk blend and other vegetable Executive Order 11651 of March 3, 1972, as IMPLEMENTATION OF TEXTILE fiber textile products, produced or amended. AGREEMENTS manufactured in Oman and exported during The Bilateral Textile Agreement, the twelve-month period beginning on effected by exchange of notes dated Adjustment of Import Limits for Certain January 1, 2001 and extending through December 31, 2001. August 13, 1996 and September 9, 1996, Cotton, Man-Made Fiber, Silk Blend Effective on May 25, 2001, you are directed as amended on February 26, 2001, and and Other Vegetable Fiber Textile to increase the current limits for the April 30, 2001, between the Products Produced or Manufactured in following categories, as provided for under Governments of the United States and Oman the Uruguay Round Agreement on Textiles the Russian Federation establishes a and Clothing: May 18, 2001. limit for wool textile products in Category 435 for the periodJanuary 1, AGENCY: Committee for the Category Adjusted twelve-month limit 1 2001 through December 31, 2001. Implementation of Textile Agreements In the letter published below, the (CITA). 334/634 ...... 183,370 dozen. Chairman of CITA directs the ACTION: Issuing a directive to the 335/635 ...... 338,907 dozen. Commissioner of Customs to establish Commissioner of Customs adjusting 338/339 ...... 703,234 dozen. the limit for the period January 1, 2001 limits. 340/640 ...... 338,907 dozen. through December 31, 2001. 341/641 ...... 254,180 dozen. This limit may be revised if Russia 647/648/847 ...... 519,551 dozen. EFFECTIVE DATE: May 25, 2001. becomes a member of the World Trade FOR FURTHER INFORMATION CONTACT: Roy 1 The limits have not been adjusted to ac- Organization (WTO) and the United Unger, International Trade Specialist, count for any imports exported after December States applies the WTO agreement to Office of Textiles and Apparel, U.S. 31, 2000. Russia. Department of Commerce, (202) 482– The Committee for the Implementation of A description of the textile and 4212. For information on the quota Textile Agreements has determined that apparel categories in terms of HTS status of these limits, refer to the Quota these actions fall within the foreign affairs numbers is available in the Status Reports posted on the bulletin exception of the rulemaking provisions of 5 CORRELATION: Textile and Apparel U.S.C. 553(a)(1). boards of each Customs port, call (202) Categories with the Harmonized Tariff 927–5850, or refer to the U.S. Customs Sincerely, Schedule of the United States (see website at http:// D. Michael Hutchinson, Federal Register notice 65 FR 82328, Acting Chairman, Committee for the www.customs.ustreas.gov. For Implementation of Textile Agreements. published on December 28, 2000). information on embargoes and quota re- D. Michael Hutchinson, openings, refer to the Office of Textiles [FR Doc. 01–13021 Filed 5–22–01; 8:45 am] Acting Chairman, Committee for the and Apparel website at http:// BILLING CODE 3510–DR–F Implementation of Textile Agreements. otexa.ita.doc.gov. Committee for the Implementation of Textile SUPPLEMENTARY INFORMATION: COMMITTEE FOR THE Agreements Authority: Section 204 of the Agricultural IMPLEMENTATION OF TEXTILE May 18, 2001. Act of 1956, as amended (7 U.S.C. 1854); AGREEMENTS Executive Order 11651 of March 3, 1972, as Commissioner of Customs, amended. Announcement of an Import Limit for Department of the Treasury, Washington, DC 20229. The current limits for certain Certain Wool Textile Products Produced or Manufactured in Russia Dear Commissioner: Pursuant to section categories are being increased for 204 of the Agricultural Act of 1956, as carryover. May 18, 2001. amended (7 U.S.C. 1854); Executive Order 11651 of March 3, 1972, as amended; and the A description of the textile and AGENCY: Committee for the Bilateral Textile Agreement, effected by apparel categories in terms of HTS Implementation of Textile Agreements numbers is available in the exchange of notes dated August 13, 1996 and (CITA). September 9, 1996, as amended on February CORRELATION: Textile and Apparel ACTION: Issuing a directive to the 26, 2001, and April 30, 2001, between the Categories with the Harmonized Tariff Commissioner of Customs establishing a Governments of the United States and the Schedule of the United States (see limit. Russian Federation, you are directed to Federal Register notice 65 FR 82328, prohibit, effective on May 25, 2001, entry published on December 28, 2000). Also EFFECTIVE DATE: May 25, 2001. into the United States for consumption and withdrawal from warehouse for consumption see 65 FR 77593, published on FOR FURTHER INFORMATION CONTACT: December 12, 2000. of wool textile products in Category 435, Naomi Freeman, International Trade produced or manufactured in Russia and D. Michael Hutchinson, Specialist, Office of Textiles and exported during the period beginning on Acting Chairman, Committee for the Apparel, U.S. Department of Commerce, January 1, 2001 and extending through Implementation of Textile Agreements. (202) 482–4212. For information on the December 31, 2001, in excess of 55,204 quota status of this limit, refer to the dozen. Committee for the Implementation of Textile Quota Status Reports posted on the The limit set forth above is subject to Agreements bulletin boards of each Customs port, adjustment pursuant to the current bilateral May 18,2001. agreement between the Governments of the call (202) 927–5850, or refer to the U.S. United States and the Russian Federation. Commissioner of Customs, Customs website at http:// Products in the above category exported Department of the Treasury, Washington, DC www.customs.gov. For information on during 2000 shall be charged to the 20229. embargoes and quota re-openings, refer applicable category limit for that year (see Dear Commissioner: This directive to the Office of Textiles and Apparel directive dated September 13, 1999) to the amends, but does not cancel, the directive website at http://otexa.ita.doc.gov. extent of any unfilled balance. In the event issued to you on December 5, 2000, by the the limit established for that period has been SUPPLEMENTARY INFORMATION: Chairman, Committee for the Implementation exhausted by previous entries, such products of Textile Agreements. That directive Authority: Section 204 of the Agricultural shall be charged to the limit set forth in this concerns imports of certain cotton, man- Act of 1956, as amended (7 U.S.C. 1854); directive.
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This limit may be revised if Russia LOCATION: Room 420, East West Towers, For further information, contact the becomes a member of the World Trade 4330 East West Highway, Bethesda, HQ USAF Scientific Advisory Board Organization (WTO) and the United States Maryland. Secretariat at (703) 697–8404. applies the WTO agreement to Russia. In carrying out the above directions, the STATUS: Open to the Public. Janet A. Long, Commissioner of Customs should construe MATTER TO BE CONSIDERED: Air Force Federal Register Liaison Officer. entry into the United States for consumption MID-YEAR REVIEW: The staff will brief the [FR Doc. 01–13007 Filed 5–22–01; 8:45 am] to include entry for consumption into the Commission on issues related to fiscal Commonwealth of Puerto Rico. BILLING CODE 5001–05–P The Committee for the Implementation of year 2001 mid-year review. Textile Agreements has determined that this For a recorded message containing the action falls within the foreign affairs latest agenda information, call (301) DEPARTMENT OF DEFENSE exception of the rulemaking provisions of 5 504–0709. U.S.C.553(a)(1). CONTACT PERSON FOR ADDITIONAL Department of the Army Sincerely, INFORMATION: Sadye E. Dunn, Office of Notice of Availability—Draft D. Michael Hutchinson, the Secretary, 4330 East West Highway, Environmental Impact Statement Acting Chairman, Committee for the Bethesda, MD 20207 (301) 504–0800. (DEIS) for the Northern Training Implementation of Textile Agreements. Dated: May 21, 2001. Complex With a Multi-Purpose Digital [FR Doc. 01–13022 Filed 5–22–01; 8:45 am] Sadye E. Dunn, Training Range and Expanded BILLING CODE 3510–DR–F Secretary. Maneuver Areas, Drop Zones and [FR Doc. 01–13176 Filed 5–21–01; 2:48 pm] Landing Zones at Fort Knox, Kentucky BILLING CODE 6355–01–M AGENCY: U.S. Army Armor Center and CONSUMER PRODUCT SAFETY Fort Knox, Department of the Army, COMMISSION DoD. DEPARTMENT OF DEFENSE ACTION: Notice of Availability. Sunshine Act Meeting Department of the Air Force SUMMARY: In compliance with the AGENCY: U.S. Consumer Product Safety National Environmental Policy Act Commission. HQ USAF Scientific Advisory Board (NEPA), the Army has prepared a Draft TIME AND DATE: Commission Meeting, The Commercial Space Technology, Environmental Impact Statement (DEIS) Wednesday, May 30, 2001, 10:00 a.m. Systems Architecture & Policy Panel for the construction and operation of a LOCATION: Room 420, East West Towers, andThreat Panel Meeting will meet in multi-purpose digital training range and 4330 East West Highway, Bethesda, Kirtland Air Force Base, New Mexico on a series of maneuver areas, drop zones Maryland. May 31–June 1, 2001 from 8 a.m. to 5 and landing zones at Fort Knox, STATUS: Open to the Public. p.m. Kentucky. The DEIS analyzes the MATTER TO BE CONSIDERED: The purpose of the meeting is to impacts of the proposed facilities. These facilities would provide a multi- BABY BATH SEATS (PETITION HP 00–4): The receive briefings and discuss the functional war-fighting capability to Commission will consider options direction of the study. This meeting will meet the Army’s training needs for regarding Petition HP 00–4, filed by the be closed to the public in accordance soldiers in urban and restricted terrain Consumer Federation of America and with Section 552b(c) of Title 5, United combat scenarios. The DEIS identifies nine other organizations, requesting that States Code, specifically subparagraphs various alternatives and the associated the Commission ban baby bath seats to (1) and (4) thereof. environmental impacts of the proposed address a risk of injury or death by For further information, contact the alternatives. drowning. HQ USAF Scientific Advisory Board For a recorded message containing the Secretariat at (703) 697–8404. DATES: Written comments will be latest agenda information, call (301) Janet A. Long, received on or before July 9, 2001 by the U.S. Environmental Protection Agency. 504–0709. Air Force Federal Register Liaison Officer. CONTACT PERSON FOR ADDITIONAL [FR Doc. 01–13006 Filed 5–22–01; 8:45 am] ADDRESSES: Questions about the DEIS, INFORMATION: Sadye E. Dunn, Office of BILLING CODE 5001–05–P submission of written comments or the Secretary, 4330 East West Highway, requests for copies of the DEIS may be Bethesda, MD 20207 (301) 504–0800. made to: Environmental Management Dated: May 21, 2001. DEPARTMENT OF DEFENSE Division, Directorate of Base Operations Sadye E. Dunn, Support, U.S. Army Armor Center, Department of the Air Force ATTN: ATZK–OSE, Building 1110, Secretary. Room 216, Ironsides & 6th Avenue, Fort [FR Doc. 01–13175 Filed 5–21–01; 2:48 pm] HQ USAF Scientific Advisory Board Knox, KY 40121–5000. Submit BILLING CODE 6355–01–M The C2 Advisory Group Meeting will electronic comments and data by email meet in Langley Air Force Base, Virginia to: [email protected]. CONSUMER PRODUCT SAFETY on May 24–25, 2001 from 8 a.m. to 5 FOR FURTHER INFORMATION CONTACT: Mr. COMMISSION p.m. Al Freeland or Mrs. Gail Pollock, The purpose of the meeting is to Environmental Management Division, Sunshine Act Meeting receive briefings and discuss the Directorate of Base Operations Support, direction of the study. This meeting will U.S. Army Armor Center, ATTN: AGENCY: U.S. Consumer Product Safety be closed to the public in accordance ATZK–OSE, Building 1110, Room 216, Commission. with Section 552b(c) of Title 5, United Ironsides & 6th Avenue, Fort Knox, KY TIME AND DATE: Commission Meeting, States Code, specifically subparagraphs 40121–5000, by calling (502) 624–3629 Thursday, May 31, 2001, 10:00 a.m. (1) and (4) thereof. or by fax at (502) 624–3000.
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SUPPLEMENTARY INFORMATION: The DEPARTMENT OF DEFENSE Army Regulation 200–4, Cultural proposed project includes upgrading an Resources Management, as implemented existing training range to a modern Department of the Army by more detailed guidance in digitized multi-purpose training range; Department of the Army Pamphlet 200– Notice of Availability of the Proposed construction of a series of landing 4. The AAP’s would authorize Army Army Alternate Procedures Regarding installation commanders to develop zones, drop zones and maneuver areas the Protection of Army Historic and a grassed C130 landing strip; Historic Property Components (HPC) to Properties and Environmental the installation’s Integrated Cultural upgrade of existing roads; installation of Assessment/Finding of No Significant fiber optics and other infrastructure Resources Management Plan (ICRMP). Impact for the Adoption of the Army Once certified by the Council, the HPC improvements. The facilities would Alternate Procedures prepare the mounted force warriors for would serve as the installation’s Section full spectrum combat operations. The AGENCY: Department of the Army, DoD. 106 compliance agreement for a five (5) year period. The installation’s Section proposed facilities would fully support ACTION: Notice of availability. 106 compliance responsibilities would new equipment training such as the SUMMARY: This announces the be met through implementation of the M1A2 Main Battle Bank (MBT) Systems availability of the Army Alternate HPC rather than case-by-case, Enhancement Package (SEP), the M2A3 Procedures (AAP) to 36 CFR Part 800: formalized, external review of Bradley Fighting Vehicles, and the Light Protection of Army Historic Properties individual undertakings as presently Armored Vehicle (LAV III), as well as and Environmental Assessment (EA)/ required by 36 CFR Part 800. other enhanced vehicles requiring Finding of No Significant Impact (FNSI) Installations choosing not to develop digital capability. These vehicles are for the adoption of the AAP. The Army certified HPC’s would continue to equipped with a dynamic new computer intends to sign the FONSI unless public review undertakings in accordance with system that uses digital technology to comments identify significant impacts 36 CFR Part 800. provide soldiers with on the move and or issues that have not been considered. The EA considered, evaluated and instantaneous battlefield The AAP is an optional procedure that assessed alternatives: (a) The No Action communications. The Notice of Intent an installation may choose to adopt to Alternative (continued project-by- for the proposed project was published satisfy compliance with Section 106 of project review under 36 CFR Part 800); the National Historic Preservation Act in the Federal Register (65 FR 31534, (b) The Programmatic Agreement (PA) (NHPA) in lieu of the existing May 18, 2000). Alternative (adoption of an agency regulations set forth in the Advisory policy encouraging the use of PA’s Submit electronic comments and data Council on Historic Preservation’s under existing regulations to implement by sending via electronic mail (email) to (Council) regulations at 36 CFR Part the historic preservation portions of an [email protected]. Submit 800. The Army and the Council have installation’s ICRMP); and (c) the comments as an ASCII file avoiding the consulted extensively with State proposed action alternative (adoption of use of special characters and any form Historic Preservation Officers, Indian the AAP’s). Consideration of the of encryption. Fort Knox also accepts tribes and Native Hawaiian alternatives analyzed in the EA leads to data on disks in Microsoft Word 2000 organizations, and the National Trust for the Army’s decision to adopt the AAP’s. file format or ASCII format. Historic Preservation throughout the The No Action Alternative would allow development of the AAP. The EA gives Individuals who wish to review the a continued ad-hoc approach to full consideration and adoption of DEIS may examine a copy at any of the compliance with Section 106 and alternate procedures as the proposed following locations: Barr Library, 400 management of historic properties. With action, and two reasonable alternatives Quartermaster Street, Fort Knox, the anticipated growth in the Army’s to the proposed action. Kentucky 40121–5000 and Ridgeway historic properties inventory, continued Memorial Library, 127 North Walnut DATES: Submit comments on or before review of undertakings on a case-by- Street, P.O. Box 146, Shepherdsville, June 22, 2001. case basis will likely remain inefficient Kentucky 40165. ADDRESSES: To obtain copies of the and lead to increased program costs. proposed AAP, the EA, and FONSI, The PA Alternative better meets the The DEIS has also been distributed to contact the U.S. Army Environmental Federal, state, and local regulatory stated purpose and need since it would Center, ATTN: SFIM–AEC–PA (Joe provide a programmatic basis for agencies, known interested Ricci), Aberdeen Proving Ground, MD Section 106 compliance, relying on an organizations, and those individuals 21010–5401. installation’s ICRMP. The Army’s past who have requested it. FOR FURTHER INFORMATION CONTACT: Mr. experience with PA’s, however, is that Dated: May 17, 2001. Chuck Wright at (703) 693–0675. they have not been effective in resolving Raymond J. Fatz, SUPPLEMENTARY INFORMATION: The adverse effects, and, generally result in Deputy Assistant Secretary of the Army proposed action is the adoption of the reversion to case-by-case, formalized, (Environment, Safety and Occupational proposed AAP for compliance with external review when such effects are Health), OASA (I&E) Section 106 of the NHPA and for identified. The proposed action (i.e., [FR Doc. 01–12981 Filed 5–22–01; 8:45 am] comprehensive management and AAP’s) more squarely meets the stated preservation of historic properties on purpose and need for action. The BILLING CODE 3710–08–M lands owned or controlled by the AAP’s) more squarely meets the stated Department of the Army. The AAP, once purpose and need for action. The AAP’s adopted, would stand in place of the build on the present management project-by-project review procedures set approach established by Army forth in 36 CFR Part 800. The AAP’s Regulation 200–4 and leverage the build upon and rely on the internal existing Army historic properties policy requirement for installations to management policy, programs and prepare Integrated Cultural Resource participants. Management in this Management Plans in accordance with manner will facilitate overall Army
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compliance with Section 106; and, will this collection necessary to the proper DEPARTMENT OF EDUCATION otherwise provide the agency with the functions of the Department; (2) will ability to act as a more responsible this information be processed and used Notice of Proposed Information steward for historic properties entrusted in a timely manner; (3) is the estimate Collection Requests to its care. of burden accurate; (4) how might the Copies of the AAP, EA and FONSI can Department enhance the quality, utility, AGENCY: Department of Education. also be found on the Council’s web site and clarity of the information to be SUMMARY: The Leader, Regulatory at www.achp.gov/army.html. collected; and (5) how might the Information Management Group, Office Department minimize the burden of this Dated: May 17, 2001. of the Chief Information Officer, invites Raymond J. Fatz, collection on the respondents, including through the use of information comments on the proposed information Deputy Assistant Secretary of the Army, technology. collection requests as required by the (Environment, Safety, and Occupational Paperwork Reduction Act of 1995. Health) OASA(I&E). Dated: May 17, 2001. [FR Doc. 01–13008 Filed 5–22–01; 8:45 am] John Tressler, DATES: Interested persons are invited to BILLING CODE 3710–08–M Leader, Regulatory Information Management, submit comments on or before July 23, Office of the Chief Information Officer. 2001. Office of Postsecondary Education SUPPLEMENTARY INFORMATION: Section DEPARTMENT OF EDUCATION 3506 of the Paperwork Reduction Act of Type of Review: Extension. Notice of Proposed Information 1995 (44 U.S.C. Chapter 35) requires Collection Requests Title: Notice Inviting Proposals for that the Office of Management and participation in the Experimental Sites Budget (OMB) provide interested AGENCY: Department of Education. Initiative. Federal agencies and the public an early SUMMARY: The Leader, Regulatory Frequency: One time. opportunity to comment on information Information Management Group, Office Affected Public: Individuals or collection requests. OMB may amend or of the Chief Information Officer, invites household; Not-for-profit institutions; waive the requirement for public comments on the proposed information State, Local, or Tribal Gov’t, SEAs or consultation to the extent that public collection requests as required by the LEAs. participation in the approval process Paperwork Reduction Act of 1995. Reporting and Recordkeeping Hour would defeat the purpose of the DATES: Interested persons are invited to Burden: information collection, violate State or submit comments on or before July 23, Federal law, or substantially interfere 2001. Responses: 500. with any agency’s ability to perform its SUPPLEMENTARY INFORMATION: Section Burden Hours: 2,500. statutory obligations. The Leader, 3506 of the Paperwork Reduction Act of Abstract: The Secretary invites Regulatory Information Management 1995 (44 U.S.C. Chapter 35) requires proposals to reinvent the administration Group, Office of the Chief Information that the Office of Management and of Federal student assistance programs Officer, publishes that notice containing Budget (OMB) provide interested through the use of the experimental proposed information collection Federal agencies and the public an early sites authority (Section 487A(b)) of the requests prior to submission of these opportunity to comment on information Higher Education Act of 1965, as requests to OMB. Each proposed collection requests. OMB may amend or amended. The program is intended to information collection, grouped by waive the requirement for public encourage institutions to develop office, contains the following: (1) Type consultation to the extent that public innovative strategies to improve Title IV of review requested, e.g. new, revision, participation in the approval process program administration. extension, existing or reinstatement; (2) would defeat the purpose of the Requests for copies of the proposed Title; (3) Summary of the collection; (4) information collection, violate State or information collection request may be Federal law, or substantially interfere Description of the need for, and accessed from http://edicsweb.ed.gov, or proposed use of, the information; (5) with any agency’s ability to perform its should be addressed to Vivian Reese, statutory obligations. The Leader, Respondents and frequency of Department of Education, 400 Maryland collection; and (6) Reporting and/or Regulatory Information Management Avenue, SW, Room 4050, Regional Group, Office of the Chief Information Recordkeeping burden. OMB invites Office Building 3, Washington, DC public comment. Officer, publishes that notice containing 20202–4651. Requests may also be proposed information collection electronically mailed to the internet The Department of Education is requests prior to submission of these address [email protected] or especially interested in public comment requests to OMB. Each proposed faxed to 202–708–9346. Please specify addressing the following issues: (1) Is information collection, grouped by the complete title of the information this collection necessary to the proper office, contains the following: (1) Type collection when making your request. functions of the Department; (2) will of review requested, e.g. new, revision, Comments regarding burden and/or the this information be processed and used extension, existing or reinstatement; (2) collection activity requirements should in a timely manner; (3) is the estimate Title; (3) Summary of the collection; (4) be directed to Joseph Schubart at (202) of burden accurate; (4) how might the Description of the need for, and 708–9266 or via his internet address Department enhance the quality, utility, proposed use of, the information; (5) [email protected]. Individuals who and clarity of the information to be Respondents and frequency of use a telecommunications device for the collected; and (5) how might the collection; and (6) Reporting and/or deaf (TDD) may call the Federal Recordkeeping burden. OMB invites Department minimize the burden of this Information Relay Service (FIRS) at 1– collection on the respondents, including public comment. 800–877–8339. The Department of Education is through the use of information especially interested in public comment [FR Doc. 01–12947 Filed 5–22–01; 8:45 am] technology. addressing the following issues: (1) Is BILLING CODE 4000–01–P
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Dated: May 17, 2001. Information and Regulatory Affairs, states provide information the John Tressler, Attention: Lauren Wittenberg, Acting Department requires to obligate funds Leader, Regulatory Information Management, Desk Officer, Department of Education, and for program management. The Office of the Chief Information Officer. Office of Management and Budget, 725 signed assurances legally bind the states 17th Street, NW., Room 10235, New to administer the programs according to Office of Student Financial Assistance Executive Office Building, Washington, regulatory and statutory requirements. Programs DC 20503 or should be electronically With the clearance of this collection, the Type of Review: Revision. mailed to the internet address Department is seeking to automate the Title: Campus-Based Reallocation [email protected]. application for web-based applying for Form E40–4P. SUPPLEMENTARY INFORMATION: Section both the LEAP Program and the Frequency: On Occasion. 3506 of the Paperwork Reduction Act of subprogram, SLEAP. There are no Affected Public: Businesses or other 1995 (44 U.S.C. Chapter 35) requires significant changes to the current LEAP for-profit; Not-for-profit institutions; that the Office of Management and form data elements. There are, however, State, Local, or Tribal Gov’t, SEAs or Budget (OMB) provide interested some additional items pertaining to the LEAs. Federal agencies and the public an early SLEAP Program which combines the Reporting and Recordkeeping Hour opportunity to comment on information application into one form for both Burden: collection requests. OMB may amend or programs. Responses: 3,000. waive the requirement for public Requests for copies of the proposed Burden Hours: 500. consultation to the extent that public information collection request may be Abstract: The Reallocation Form is participation in the approval process accessed from http://edicsweb.ed.gov, or necessary to determine the funds would defeat the purpose of the should be addressed to Vivian Reese, available and to establish eligibility for information collection, violate State or Department of Education, 400 Maryland the distribution of supplemental Federal Federal law, or substantially interfere Avenue, SW, Room 4050, Regional Work-Study (FWS) awards. with any agency’s ability to perform its Office Building 3, Washington, D.C. Requests for copies of the proposed statutory obligations. The Leader, 20202–4651. Requests may also be information collection request may be Regulatory Information Management electronically mailed to the internet accessed from http://edicsweb.ed.gov, or _ _ Group, Office of the Chief Information address OCIO IMG [email protected] or should be addressed to Vivian Reese, Officer, publishes that notice containing faxed to 202–708–9346. Department of Education, 400 Maryland proposed information collection Please specify the complete title of the Avenue, SW, Room 4050, Regional requests prior to submission of these information collection when making Office Building 3, Washington, D.C. requests to OMB. Each proposed your request. Comments regarding 20202–4651. Requests may also be information collection, grouped by burden and/or the collection activity electronically mailed to the internet office, contains the following: (1) Type requirements should be directed to address [email protected] or of review requested, e.g. new, revision, Joseph Schubart at (202) 708–9266 or faxed to 202–708–9346. extension, existing or reinstatement; (2) via his internet address Please specify the complete title of the Title; (3) Summary of the collection; (4) [email protected]. Individuals who information collection when making Description of the need for, and use a telecommunications device for the your request. Comments regarding proposed use of, the information; (5) deaf (TDD) may call the Federal burden and/or the collection activity Respondents and frequency of Information Relay Service (FIRS) at 1– requirements should be directed to collection; and (6) Reporting and/or 800–877–8339. Joseph Schubart at (202) 708–9266 or Recordkeeping burden. OMB invites via his internet address [FR Doc. 01–12949 Filed 5–22–01; 8:45 am] public comment. [email protected]. Individuals who BILLING CODE 4000–01–P use a telecommunications device for the Dated: May 17, 2001. John Tressler, deaf (TDD) may call the Federal DEPARTMENT OF EDUCATION Information Relay Service (FIRS) at 1– Leader, Regulatory Information Management, 800–877–8339. Office of the Chief Information Officer. [CFDA No. 84.215X] [FR Doc. 01–12948 Filed 5–22–01; 8:45 am] Office of Student Financial Assistance Teaching American History Grant BILLING CODE 4000–01–P Programs Program; Notice Inviting Grant Type of Review: Revision. Applications for New Awards for Fiscal Title: The Joint Application for the Year (FY) 2001 DEPARTMENT OF EDUCATION Leveraging Educational Assistance Partnership (SLEAP) and Special Note to Applicants: This notice is a Submission for OMB Review; complete application package. Together Comment Request Leveraging Educational Assistance and Partnership (LEAP) Programs. with the statute authorizing these grants AGENCY: Department of Education. Frequency: Annually. and the Education Department General Affected Public: State, Local, or Tribal Administrative Regulations (EDGAR), SUMMARY: The Leader, Regulatory this notice contains all of the Information Management Group, Office Gov’t, SEAs or LEAs. Reporting and Recordkeeping Hour information, application forms, and of the Chief Information Officer invites Burden: instructions needed to apply for a comments on the submission for OMB Responses: 56. Teaching American History grant under review as required by the Paperwork Burden Hours: 112. this competition. These grants are Reduction Act of 1995. Abstract: The LEAP and SLEAP funded under Title X, Part A of the DATES: Interested persons are invited to programs use matching Federal and Elementary and Secondary Education submit comments on or before June 22, State funds to provide a nationwide Act of 1965, as amended (20 U.S.C. 8001 2001. system of grants to assist postsecondary et seq.). ADDRESSES: Written comments should educational students with substantial Purpose of Program: Teaching be addressed to the Office of financial need. On this application the American History grants will support
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programs to raise student achievement Please note that applicants for multi- student achievement in American by improving teachers’ knowledge, year awards are required to provide history by improving teachers’ understanding, and appreciation of detailed budget information for the total knowledge, understanding, and American history. Grant awards will grant period requested. The Department appreciation for American history assist local educational agencies (LEAs), will determine at the time of the initial through intensive, ongoing professional in partnership with entities that have award the funding levels for each year development. These professional extensive content expertise, to develop, of the grant award. The Department of development activities should reflect document, evaluate, and disseminate Education is not bound by any estimates the best available research and practice innovative, cohesive models of in this notice. in teaching, learning, and leadership. professional development. By helping Note: To provide the applicant the capacity Project activities should enable teachers teachers to develop a deeper to effectively plan for and carry out the to develop further expertise in understanding and appreciation of comprehensive long-term activities involved American History subject content, American history as a separate subject in ongoing, intensive professional teaching strategies, use of technologies, matter within the core curriculum, these development, to establish partnerships to and other essential elements of teaching programs will improve instruction and support this work, and to document and to higher standards. Projects should be demonstrate the effectiveness of its program raise student achievement. driven by a coherent, long-term plan for future dissemination, the Secretary and should be evaluated on the basis of Eligible Applicants: Local educational anticipates awarding the entire three-year agencies (LEAs), working in partnership grant amount for the project at the time of the their impact on teacher effectiveness with one or more of the following initial award. and student learning. This assessment entities: should guide subsequent professional • Page Limits: Applicants are strongly Institutions of higher education; encouraged to limit the application development efforts. • Non-profit history or humanities This program will demonstrate how narrative to no more than 20 double- organizations; and school districts and institutions with spaced pages. • Libraries and museums. expertise in American history can The following standards are preferred: collaborate over a three-year period to Note: Groups of LEAs interested in (1) A ‘‘page’’ is 8.5″ x 11″ (one side only) submitting a single application must follow ensure that teachers develop the with one-inch margins (top, bottom, and the procedures for group applications in 34 knowledge and skills necessary to teach sides). (2) Use 12-point font for all text CFR 75.127–129 of EDGAR. American history in an exciting and in the application narrative. E-Mail Notification of Intent To Apply The page limit does not apply to the engaging way. Through these projects, for Funding: The Department will be cover sheet, the one-page abstract, districts will demonstrate able to develop a more efficient process budget section, appendices, and forms comprehensive professional for reviewing grant applications if it has and assurances. development approaches for providing a better understanding of the number of Applicable Regulations: The high-quality American history LEAs that intend to apply for funding Education Department General instruction. In addition to any under this competition. Therefore, the Administrative Regulations (EDGAR) in dissemination conducted directly by Secretary strongly encourages each 34 CFR parts 75, 77, 79, 80, 81, 82, 85, grantees, the Department intends to take potential applicant to notify the 86, 97, 98 and 99. the products and information resulting Department with a short e-mail noting from this grant and share the results SUPPLEMENTARY INFORMATION: Budgets the intent to submit an application for with other communities. funding. The e-mail need not include must include funds for at least two Under this program, applicants must information regarding the content of the project staff members to attend a two- propose projects that: proposed application, only the day annual meeting of the Teaching • Develop and implement high- applicant’s intent to submit it. The American History Grant Program in quality in-service and/or pre-service Secretary requests that this e-mail Washington, DC, each year of the professional development that provides notification be sent no later than June project. Applicants must include funds educators with content and teaching 22, 2001. The e-mail notification should to cover travel and lodging expenses for skills to prepare all students to achieve be sent to Ms. Christine Miller at: these training activities during each year to higher standards in American history; [email protected]. of the project. and Applicants that fail to provide this e- Program Description: The Teaching • Develop and implement strategies mail notification may still apply for American History grant program is for sustained and on-going collaboration funding. funded under Part A of Title X of the that will take place over the course of Deadline for Transmittal of Elementary and Secondary Education at least three years among teachers and Applications: July 23, 2001. Act. outside experts to improve instruction Deadline for Intergovernmental Students who know and appreciate in American history. Review: September 21, 2001. the great ideas of American history are Applicants should consider projects Estimated Available Funds: more likely to understand and exercise that include at least one or more of the $50,000,000. their civic rights and responsibilities. following: Estimated Range of Awards: Their understanding of traditional • Supporting participation of teams of $350,000–$1,000,000 (total funding per American history will be enhanced if teachers in summer institutes and grant, for a three-year project period). teachers make the study of history more summer immersion activities; Estimated Average Size: $500,000 exciting, interesting, and engaging. • Supporting school-based (total for all three years). Students need teachers who have a collaborative efforts among teachers, Maximum Award Amount: The total thorough understanding of American including programs that facilitate amount of funding that an LEA may history as a separate subject within the teacher observation and analyses of receive under this competition is core curriculum, and incorporate into fellow history teachers’ classroom $1,000,000. their teaching effective strategies to help practice to improve instruction; Estimated Number of Awards: 75– students learn. • Developing programs to assist new 125. The Teaching American History Grant history teachers in the classroom, such Project Period: Up to 36 months. Program will support projects to raise as—
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(a) Mentoring and coaching by trained • Is applicable to a broad range of • Non-profit history or humanities mentor teachers over the entire grant rural and urban schools serving poor organizations; or period; and disadvantaged students, including • Libraries or museums. (b) Team teaching with experienced those schools that are chronically low- (a) The applicant must identify the history teachers; or performing; entity or entities with which it will (c) Providing released time for • Makes effective use of technology to collaborate and include in its observation and consultation with further the program goals; and application an assurance from experienced history teachers; • Describes methods by which the appropriate officials of those entities • Providing collaborative professional applicant will assess the project’s that they will work with the applicant development experiences for veteran outcomes. in implementing the proposal. history teachers; • Establishing and maintaining Reporting Requirements and Expected Invitational Priority professional networks that provide a Outcomes The Secretary is particularly forum for interaction among teachers interested in receiving applications from and that allow for the exchange of The Secretary requires successful applicants to submit annual high-poverty rural and urban LEAs for information; projects designed to improve American • performance reports that document the Providing guidance to teachers on history instruction in chronically low- the use of technology to provide access grantee’s yearly progress toward meeting expected programmatic performing schools. to primary historical documents, enable Definition: In addition to definitions outcomes. The Secretary will use these cooperative learning efforts, and in the statute and EDGAR, the following reports to measure the success of the develop effective presentations of definition applies: grantee’s project and contribute to a historical content; and Research-based, when used with • broader knowledge base about high- Creating materials documenting the respect to an activity or a program, quality, effective professional implementation and benefits of the means that, to the extent possible, the development strategies that can improve program and products for other activity or program is based on the most the teaching and learning of American educators to use in the course of rigorous theory, research, and history nationwide. In addition, teaching American history as a separate evaluation available and effective in grantees will be required to submit a subject within the core curriculum. improving student achievement and final performance report, due no later Application Content: To apply for performance and other program Teaching American History program than 90 days after the end of the project objectives. period. funds, applicants must fully describe, in Selection Criteria: The Secretary uses their project narrative, projects that: Waiver of Proposed Rulemaking the following selection criteria to • Further the development of high- evaluate applications for grants under quality professional development In accordance with the this competition. In all instances where programs, through collaboration, Administrative Procedure Act (5 U.S.C. the word ‘‘project’’ appears in the designed to improve American history 553), it is the practice of the Secretary selection criteria, the reference to a education programs in elementary, to offer interested parties the Teaching American History program middle, or high schools; opportunity to comment on proposed • Develop materials designed to help should be made. rules. Section 437(d)(1) of the General The maximum composite score for all replicate or adapt the program; Education Provisions Act (GEPA), • of these criteria is 100 points. The Document the program’s outcomes however, allows the Secretary to exempt and benefits; and maximum score for each criterion is • from rulemaking requirements rules indicated in parentheses. Within each Develop products and services that governing the first grant competition may be used to replicate the program in criterion, the Secretary evaluates each under a new or substantially revised factor equally. other settings. program authority (20 U.S.C. Thus, grant applications must 1232(d)(1)). Funding was provided for (a) Need for Project (10 points) describe existing or proposed strategies this new initiative in the FY 2001 that could successfully be implemented, In determining the need for the appropriations act, enacted December expanded, documented, evaluated and proposed project, the Secretary 21, 2000. The Secretary, in accordance disseminated. Taken together, these considers the following factors: with section 437(d)(1) of GEPA, has strategies and methods should comprise (i) The extent to which the proposed decided to forego public comment in a research-based comprehensive project addresses the needs of order to ensure timely grant awards. American History education disadvantaged students and students at These requirements will apply to the FY improvement project that: risk of educational failure. • Is based on reliable theory, 2001 grant competition only. (ii) The extent to which specific gaps preliminary internal or external Competition Requirements or weaknesses in services, research, and evaluation regarding infrastructure, or opportunities have effective practice; Absolute Priority: The following been identified and will be addressed by • Has the potential to improve requirement applies to all applicants the proposed project, including the students’ achievement in American seeking funding under this competition. nature and magnitude of those gaps or history; An applicant must meet this weaknesses. • Highlights the development of requirement in order to be eligible for (b) Significance. (20 points) model pre-service and/or in-service funding. professional development for history Collaboration With Other Agencies or In determining the significance of the teachers; Institutions proposed project, the Secretary • Involves multiple partners and considers one or more of the following effectively combines resources to create (a) Each applicant must propose to factors: quality, sustainable programs; work in collaboration with one or more (i) The potential contribution of the • Demonstrates the feasibility of of the following entities: proposed project to increased further replication and dissemination; • Institutions of higher education; knowledge or understanding of effective
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strategies to improve instruction and (e) Quality of Project Personnel (5 Contact to find out about, and to comply student achievement in American points) with, the State’s process under History. In determining the quality of the Executive Order 12372. Applicants (ii) The likelihood that the proposed project personnel, the Secretary proposing to perform activities in more project will result in systematic considers one or more of the following than one State should immediately improvement in the delivery of factors: contact the Single Point of Contact for professional development to improve (i) The qualifications, including each of those States and follow the teacher’s knowledge, understanding and relevant training and experience in procedures established in each State appreciation of American History. American history, of key project under the Executive order. (iii) The extent to which the proposed personnel and major partners, project If you want to know the name and partnership with institutions with consultants and contractors. address of any State Single Point of expertise in the field will contribute to (ii) The extent to which the applicant Contact (SPOC) you may view the latest teachers’ ability to instruct students in encourages applications for employment SPOC list on the OMB Web site at the American History in an engaging from persons who are members of following address: http:// manner. groups that have traditionally been www.whitehouse.gov/omb/grants. (iv) The likely utility of the products underrepresented based on race, color, In States that have not established a (such as information, materials, national origin, gender, age, or process or chosen a program for review, processes, or techniques) that will result disability. State, area-wide, regional, and local from the proposed project, including the entities may submit comments directly (f) Quality of the Project Evaluation (15 to the Department. potential for their being used effectively points) in a variety of other settings. Any State Process Recommendation In determining the quality of the and other comments submitted by a (c) Quality of the Project Design (25 evaluation, the Secretary considers one State Single Point of Contact and any points) or more of the following factors: comments from State, area-wide, (i) The extent to which the methods In determining the quality of the regional, and local entities must be of evaluation are thorough, feasible, and design of the proposed project, the mailed or hand-delivered by the date appropriate to the goals, objectives, and Secretary considers one or more of the indicated in this notice to the following outcomes of the proposed project. following factors: address: The Secretary, E.O. (ii) The extent to which the methods 12372’CFDA #84.215X, U.S. Department (i) The extent to which the goals, of evaluation include the use of of Education, Room 7E200, 400 objectives, and outcomes to be achieved objective performance measures that are Maryland Avenue, SW., Washington, by the proposed project are clearly clearly related to the intended outcomes DC 20202–0125. specified and measurable. of the project and will produce Proof of mailing will be determined (ii) The extent to which the quantitative and qualitative data to the on the same basis as applications (see 34 professional development activities to extent possible. CFR 75.102). Recommendations or be provided by the project are of (iii) The extent to which the comments may be hand-delivered until sufficient quality, intensity, and evaluation will provide guidance about 4:30 p.m. (Eastern Standard Time) on duration to lead to improved instruction effective strategies suitable for the date indicated in this notice. Please in American History. replication or testing in other settings. note that the above address is not the (iii) The extent to which the project (g) Adequacy of Resources (10 points) same address as the one to which the involves the collaboration of applicant submits its completed In determining the adequacy of appropriate partners with expertise in application. Do not send applications to resources for the proposed project, the the content of American History to the above address. improve teachers’ knowledge and Secretary considers: instruction. (i) The extent to which the costs are Instructions for Transmittal of (iv) The extent to which coherent reasonable and the budget sufficient in Applications relation to the objectives, design, and theory or quality external and internal (a) If an applicant wants to apply for scope of project activities. research and evaluation underlie the a grant, the applicant must— proposed project. (ii) The relevance and demonstrated commitment of each partner in the (1) Mail the original and two copies (d) Quality of the Management Plan (15 proposed project to the implementation of the application on or before the points) and success of the project. deadline date to: U.S. Department of Education, Application Control Center, In determining the quality of the Intergovernmental Review of Federal Attention: CFDA # 84.215X, Room 3633, management plan for the proposed Programs Regional Office Building #3, 7th and D project, the Secretary considers one or This program is subject to the Streets, SW., Washington, DC more of the following factors: requirements of Executive Order 12372 or (i) The adequacy of the management (Intergovernmental Review of Federal (2) Hand deliver the original and two plan to achieve the objectives of the Programs) and the regulations in 34 CFR copies of the application by 4:30 p.m. proposed project on time and within part 79. (Eastern Standard Time) on or before the budget, including clearly defined The objective of the Executive order is deadline date to: U.S. Department of responsibilities, timelines, continuous to foster an intergovernmental Education, Application Control Center, improvement strategies and milestones partnership and to strengthen Attention: CFDA #84.215X, Room 3633, for accomplishing project tasks. federalism by relying on State and local Regional Office Building #3, 7th and D (ii) The extent to which the time processes for State and local Streets, SW., Washington, DC. commitments of the project director and government coordination and review of (b) An applicant must show one of the other key project personnel are proposed Federal financial assistance. following as proof of mailing: appropriate and adequate to meet the Applicants must contact the (1) A legibly dated U.S. Postal Service objectives of the proposed project. appropriate State Single Point of postmark.
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(2) A legible mail receipt with the evaluating the application. Applicants Relay Service (FIRS) at 1–888–877– date of mailing stamped by the U.S. are strongly encouraged to limit the 8339. Postal Service. application narrative to no more than 20 Individuals with disabilities may (3) A dated shipping label, invoice, or double-spaced, standard-type pages. obtain this notice in an alternative receipt from a commercial carrier. The following standards are preferred: format (e.g., Braille, large print, (4) Any other proof of mailing (1) A ‘‘page’’ is 8.5″ x 11″ (one side only) audiotape, or computer diskette) on acceptable to the Secretary. with one-inch margins (top, bottom, and request to the contact persons. (c) If an application is mailed through sides). (2) If using a proportional Electronic Access to This Document the U.S. Postal Service, the Secretary computer font, applicants are requested does not accept either of the following to use a 12-point font. You may view this document, as well as proof of mailing: as all other Department of Education (1) A private metered postmark. Part IV: Assurances and Certifications documents published in the Federal (2) A mail receipt that is not dated by a. Assurances—Non-Construction Register, in text or Adobe Portable the U.S. Postal Service. Programs (Standard Form 424B). Document Format (PDF) on the Internet at the following site: http://www.ed.gov/ Note: (1) The U.S. Postal Service does not b. Certifications Regarding Lobbying; legislation/FedRegister. uniformly provide a dated postmark. Before Debarment, Suspension, and Other To use PDF you must have Adobe relying on this method, an applicant should Responsibility Matters; and Drug-Free check with its local post office. Acrobat Reader, which is available free Workplace Requirements (ED 80–0013) (2) The Application Control Center will at this site. If you have questions about and instructions. mail a Grant Application Receipt using PDF, call the U.S. Government Acknowledgment to each applicant. If an c. Certifications regarding Debarment, Printing Office (GPO) toll free, at 1–888– applicant fails to receive the notification of Suspension, Ineligibility and Voluntary 293–6498; or in the Washington, DC application receipt within 15 days from the Exclusion—Lower Tier Covered date of mailing the application, the applicant area at (202) 512–1530. Transactions (ED 80–0014, 9/90) and Note: The official version of this document should call the U.S. Department of Education instructions. Application Control Center at (202) 708– is the document published in the Federal 9494. Note: ED Form 80–0014 is intended for the Register. Free Internet access to the official (3) The applicant must indicate on the use of grantees and should not be transmitted edition of the Federal Register and the Code envelope and—if not provided by the to the Department. of Federal Regulations is available on GPO Department—in Item 3 of the Application for d. Disclosure of Lobbying Activities Access at: http://www.access.gpo.gov/nara/ index.html Federal Assistance (ED 424) the CFDA (Standard Form LLL) (if applicable) and number—and suffix letter, if any—of the instructions. Program Authority: 20 U.S.C. 8001 et seq. competition under which the application is being submitted. An applicant may submit information Dated: May 17, 2001. on photostatic copies of the application, Thomas M. Corwin, Application Instructions and Forms budget forms, assurances, and Acting Deputy Assistant Secretary for The appendix to this notice contains certifications as printed in this notice in Elementary and Secondary Education. the Federal Register. However, the all required forms and instructions, Appendix including instructions for preparing the application form, assurances, and application narrative, a statement certifications must each have an original Instructions for the Application Narrative regarding estimated public reporting signature. All applicants are required to The narrative is the section of the burden, a notice to applicants regarding submit ONE original signed application, application where the selection criteria used compliance with section 427 of the including ink signatures on all forms by reviewers in evaluating the application are and assurances, and TWO copies of the addressed. The narrative must encompass General Education Provisions Act each function or activity for which funds are (GEPA), various assurances and application, one bound and one unbound copy suitable for being requested. Before preparing the certifications, and a checklist for application narrative, an applicant should applicants. photocopying. Please mark each read carefully the description of the program To apply for an award under this application as ‘‘original’’ or ‘‘copy.’’ To and the selection criteria the Secretary uses competition, your application must be aid with the review of applications, the to evaluate applications. organized in the following order and Department encourages applicants to Applicants should note the preferable page include the following four parts. The submit two additional paper copies of limits for the application narrative stated in the application. The Department will this notice under Page Limits. parts and additional materials are as 1. Begin with a one-page Abstract follows: not penalize applicants who do not provide additional copies. No grant may summarizing the proposed Teaching Part I: Application for Federal American History project, including a be awarded unless a completed description of project objectives and Assistance (ED 424, Exp. 06/30/2001) application form, including the signed activities and partners in the application. and Instructions assurances and certifications, has been Also include a short description of the Part II: Budget Information-Non- received. population to be served by the project. 2. Include a table of contents listing the Construction Programs (ED Form No. FOR FURTHER INFORMATION CONTACT: 524) and Instructions parts of the narrative in the order of the Christine Miller or Alex Stein, Teaching selection criteria and the page numbers An applicant for a multi-year project American History Grant Program, U.S. where the parts of the narrative are found. Be must provide a budget narrative that Department of Education, 400 Maryland sure to number the pages. provides budget information for each Avenue, SW., Washington, DC 20202– 3. Describe how the applicant meets the budget period of the proposed project 6200. Telephone (202) 260–8766 absolute priority. period. (Christine Miller) or (202) 205–9085 4. Describe fully the proposed project in (Alex Stein). E-mail: light of the selection criteria in the order in Part III: Application Narrative which the criteria are listed in the [email protected]. application package. Do not simply The application narrative is where an Individuals who use a paraphrase the criteria. applicant addresses the selection telecommunications device for the deaf 5. Provide the following in response to the criteria that are used by reviewers in (TDD) may call the Federal Information attached ‘‘Notice to all Applicants:’’ (1) A
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reference to the portion of the application in 8. Attach copies of all required assurances Education, 400 Maryland Avenue SW, FB–6, which information appears as to how the and forms. 5C126, Washington, DC 20202–6200. applicant is addressing steps to promote equitable access and participation, or (2) a Estimated Public Reporting Burden Checklist for Applicants separate statement that contains that According to the Paperwork Reduction Act The following forms and other items must information. of 1995, you are not required to respond to be included in the application in the order 6. If the application is from a group, attach a collection of information unless it displays listed below: the group’s agreement. When applying for a valid OMB Control Number. The valid l funds as a group, such as a consortium, OMB control number for this information 1. Application for Federal Assistance (ED individual eligible applicants must enter into collection is 1810–0639, (Expiration Date: 05/ 424) an agreement signed by all members of the 31/2004). The time required to complete this l2. Budget Information—Non-Construction group. The group’s agreement must detail the information collection is estimated to average Programs ED Form No. 524) and budget activities each member of the group plans to sixty-five (65) hours per response, including narrative. perform, and must bind each member to the time to review instructions, search l3. Application Narrative, including every statement and assurance made in the existing data resources, gather the data information that addresses section 427 of group’s application. (The designated needed, and complete and review the the General Education Provisions Act (see applicant must submit the group’s agreement information collection. If you have any the section entitled ‘‘NOTICE TO ALL with its application.) comments concerning the accuracy of the APPLICANTS’’), and relevant appendices. 7. Applicants may include supporting time estimate or suggestions for improving l4. Group agreement, if applicable. documentation as appendices to the this form, please write to: Christine Miller, l5. Assurances—Non-Construction narrative. This material should be concise Teaching American History Grant Program, Programs (SF 242B). and pertinent to the competition. Note that U.S. Department of Education, 400 Maryland l6. Certifications Regarding Lobbying; the Secretary considers only information Avenue SW, FB–6, 5C126, Washington, DC Debarment, Suspension, and Other contained in the application in ranking 20202–6200. Responsibility Matters; and Drug-Free applications for funding consideration. If you have comments or concerns Workplace Requirements (ED 80–0013). Letters of support sent separately from the regarding the status of your individual l7. Disclosure of Lobbying Activities formal application package are not submission of this form, write directly to: (Standard Form LLL). considered in the review by the technical Christine Miller, Teaching American History review panels. Grant Program, U.S. Department of BILLING CODE 4001–01–U
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[FR Doc. 01–12931 Filed 5–22–01; 8:45 am] BILLING CODE 4001–01–C
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DEPARTMENT OF ENERGY Issued at Washington, DC on May 17, 2001. presentation in the agenda. The Deputy Belinda G. Hood, Designated Federal Officer is Environmental Management Site- Acting Deputy Advisory Committee empowered to conduct the meeting in a Specific Advisory Board, Oak Ridge Management Officer. fashion that will facilitate the orderly Reservation [FR Doc. 01–13012 Filed 5–22–01; 8:45 am] conduct of business. Each individual wishing to make public comment will AGENCY: Department of Energy. BILLING CODE 6450–01–P be provided a maximum of five minutes ACTION: Notice of open meeting. to present their comments. SUMMARY: This notice announces a DEPARTMENT OF ENERGY Minutes: The minutes of this meeting meeting of the Environmental will be available for public review and Management Site-Specific Advisory Environmental Management Site- copying at the Public Reading Room Board (EM SSAB), Oak Ridge. The Specific Advisory Board, Rocky Flats located at the Office of the Rocky Flats Citizens Advisory Board, 9035 North Federal Advisory Committee Act (Pub. AGENCY: Department of Energy. L. No. 92–463, 86 Stat. 770) requires Wadsworth Parkway, Suite 2250, ACTION: Notice of open meeting. that public notice of these meeting be Westminister, CO 80021; telephone announced in the Federal Register. SUMMARY: This notice announces a (303) 420–7855. Hours of operations for the Public Reading Room are 9 a.m. to DATES: Wednesday, June 13, 2001, 6 meeting of the Environmental p.m.–9:30 p.m. Management Site-Specific Advisory 4 p.m., Monday-Friday, except Federal holidays. Minutes will also be made ADDRESSES: Garden Plaza Hotel, 215 Board (EM SSAB), Rocky Flats. The Federal Advisory Committee Act (Pub. available by writing or calling Deb South Illinois Avenue, Oak Ridge, TN Thompson at the address or telephone 37830. L. No. 92–463, 86 Stat. 770) requires that public notice of these meeting be number listed above. FOR FURTHER INFORMATION CONTACT: Pat Issued at Washington, DC on May 17, 2001. Halsey, Federal Coordinator, announced in the Federal Register. Belinda G. Hood, Department of Energy Oak Ridge DATES: Thursday, June 7, 2001 6 p.m. to Operations Office, P.O. Box 2001, EM– 9:30 p.m. Acting Deputy Advisory Committee Management Officer. 922, Oak Ridge, TN 37831. Phone (865) ADDRESSES: Jefferson County Airport 576–4025; Fax (865) 576–5333 or e-mail: Terminal Building, Mount Evans Room, [FR Doc. 01–13013 Filed 5–22–01; 8:45 am] [email protected]. 11755 Airport Way, Broomfield, CO. BILLING CODE 6450–01–P SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Ken Korkia, Board/Staff Coordinator, Rocky Purpose of the Board: The purpose of DEPARTMENT OF ENERGY the Board is to make recommendations Flats Citizens Advisory Board, 9035 to DOE and its regulators in the areas of North Wadsworth Parkway, Suite 2250, Office of Fossil Energy environmental restoration, waste Westminster, CO, 80021; telephone management, and related activities. (303) 420–7855; fax (303) 420–7579. [FE Docket No. 01–15–NG] Tentative Agenda: Stewardship: Mr. SUPPLEMENTARY INFORMATION: David Geiser, Director of Long-Term Energia Azteca X, S, de R.L. de C.V. Purpose of the Board: The purpose of Order Granting Long-Term Stewardship, DOE/Headquarters. the Board is to make recommendations Public Participation: The meeting is Authorization To Export Natural Gas to to DOE and its regulators in the areas of Mexico open to the public. Written statements environmental restoration, waste may be filed with the Committee either management, and related activities. AGENCY: Office of Fossil Energy, DOE. before or after the meeting. Individuals ACTION: Notice of order. who wish to make oral statements Tentative Agenda pertaining to agenda items should 1. Rocky Flats site manager Barbara SUMMARY: The Office of Fossil Energy contact Pat Halsey at the address or Mazurowski and Kaiser-Hill president (FE) of the Department of Energy (DOE) telephone number listed above. Alan Parker will make a joint gives notice that on May 7, 2001, it Requests must be received five days presentation on worker health and issued DOE/FE Order No. 1678 granting prior to the meeting and reasonable safety issues. Energia Azteca X, S. de R.L. de C.V. provision will be made to include the 2. A representative from DOE- (EAX) authority to export up to 135,000 presentation in the agenda. The Deputy Headquarters will present the results of million cubic feet (Mcf) of natural gas Designated Federal Officer is their findings on a study of safety issues per day to northern Baja California, empowered to conduct the meeting in a at the Rocky Flats site. Mexico. The gas will be purchased from fashion that will facilitate the orderly 3. The Environmental Restoration Coral Energy Resources, L.P. and conduct of business. Each individual Committee will submit a transported by El Paso Natural Gas wishing to make public comment will recommendation for review and Pipeline and North Baja Pipeline to a be provided a maximum of five minutes approval by the Board. U.S./Mexico border crossing near Yuma, to present their comments at the end of 4. Other Board business may be Arizona. EAX will use it for fuel to the meeting. conducted as necessary. generate electricity at a new 750- Minutes: Minutes of this meeting will Public Participation: The meeting is megawatt power plant EAX is building be available for public review and open to the public. Written statements near Mexicali, Mexico. The plant is copying at the Department of Energy’s may be filed with the Board either scheduled to begin commercial Information Resource Center at 105 before or after the meeting. Individuals operation on April 1, 2003, and the Broadway, Oak Ridge, TN between 7:30 who wish to make oral statements exports will continue 15 years beyond a.m. and 5:30 p.m. Monday through pertaining to agenda items should that date through March 31, 2018. To Friday, or by writing to Pat Halsey, contact Ken Korkia at the address or the extent needed, additional amounts Department of Energy Oak Ridge telephone number listed above. of gas may be exported on an Operations Office, P.O. Box 2001, EM– Requests must be received at least five interruptible basis during the plant’s 922, Oak Ridge, TN 37831, or by calling days prior to the meeting and reasonable test period which is expected to start her at (865) 576–4025. provisions will be made to include the July 1, 2002.
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This Order may be found on the FE DEPARTMENT OF ENERGY are also available for inspection and web site at http://www.fe.doe.gov, or on copying in the Office of Natural Gas & our electronic bulletin board at (202) [FE Docket No. 01–13–NG, et al.] Petroleum Import & Export Activities, 586–7853. It is also available for Office of Fossil Energy; H.Q. Energy Docket Room 3E–033, Forrestal inspection and copying in the Office of Services (U.S.) Inc., et al.; Orders Building, 1000 Independence Avenue, Natural Gas & Petroleum Import & Granting and Transferring Authority to S.W., Washington, D.C. 20585, (202) Export Activities Docket Room, 3E–033, Import and Export Natural Gas 586–9478. The Docket Room is open Forrestal Building, 1000 Independence between the hours of 8:00 a.m. and 4:30 Avenue, S.W., Washington, D.C. 20585– AGENCY: Office of Fossil Energy, DOE. p.m., Monday through Friday, except 0334, (202) 586–9478. The Docket Room ACTION: Notice of Orders. Federal holidays. is open between the hours of 8:00 a.m. and 4:30 p.m., Monday through Friday, SUMMARY: The Office of Fossil Energy Issued in Washington, D.C., on May 15, except Federal holidays. (FE) of the Department of Energy gives 2001. notice that during April 2001, it issued Clifford P. Tomaszewski, Issued in Washington, D.C., May 9, 2001. Orders granting and transferring Manager, Natural Gas Regulation, Office of Clifford P. Tomaszewski, authority to import and export natural Natural Gas & Petroleum, Import & Export Manager, Natural Gas Regulation, Office of gas. These Orders are summarized in the Activities, Office of Fossil Energy. Natural Gas & Petroleum, Import & Export attached appendix and may be found on Appendix—Orders Granting and Activities, Office of Fossil Energy. the FE web site at http:// [FR Doc. 01–13014 Filed 5–22–01; 8:45 am] www.fe.doe.gov, or on the electronic Transferring Import/Export Authorizations BILLING CODE 6450–01–P bulletin board at (202) 586–7853. They
Date Import Export Order No. issued Importer/exporter FE Docket No. Volume volume Comments
1675 04–12–01 H.Q. Energy Services (U.S.) Inc. 01–13–NG .. 200 Bcf 200 Bcf Import a combined total from Canada and Mexico and to export a combined total to Canada and Mexico, beginning on May 1, 2001, and extending through April 30, 2003. 1432–A04–17–01 Husky Gas Marketing Inc. (Successor to Ren- Transfer of long-term authority to import nat- aissance Energy (U.S.) Inc.) 98–85–NG. ural gas from Canada. 1037–A04–17–01 Husky Gas Marketing Inc. (Successor to Ren- Transfer of long-term authority to import nat- aissance Energy (U.S.) Inc.) 95–15–NG. ural gas from Canada. 952–A04–17–01 Husky Gas Marketing Inc. (Successor to Ren- Transfer of long-term authority to import nat- aissance Energy (U.S.) Inc.) 94–37–NG. ural gas from Canada. 1676 04–17–01 Virginia Power Energy Marketing, Inc.) 01– 730 Bcf Import and export a combined total from and 12–NG. to Canada, over a two-year term beginning on the date of first delivery. 1275–C04–19–01 Engage Energy America L.L.C. (Successor to Transfer of long-term authority to import nat- Engage Energy America Corp.) 97–36–NG. ural gas from Canada. 1622–B04–19–01 Engage Energy America L.L.C. (Successor to Transfer of blanket authority to import natural Engage Energy America Corp.) 00–58–NG. gas from Canada. 1253–C04–19–01 Engage Energy America L.L.C. (Successor to Transfer of long-term authority to import nat- Engage Energy America Corp.) 97–03–NG. ural gas from Canada. 1202–C04–19–01 Engage Energy America L.L.C. (Successor to Transfer of long-term authority to import nat- Engage Energy America Corp.) 96–52–NG. ural gas from Canada. 1128–C04–19–01 Engage Energy America L.L.C. (Successor to Transfer of long-term authority to import nat- Engage Energy America Corp.) 95–104–NG. ural gas from Canada. 1282–C04–19–01 Engage Energy America L.L.C. (Successor to Transfer of long-term authority to import nat- Engage Energy America Corp.) 97–37–NG. ural gas from Canada. 1332–C04–19–01 Engage Energy America L.L.C. (Successor to Transfer of long-term authority to import nat- Engage Energy America Corp.) 97–48–NG. ural gas from Canada. 1677 04–26–01 Altagas Marketing (U.S.) Inc. 01–14–NG ...... 15 Bcf Import from Canada over a two-year term be- ginning on the date of first delivery.
[FR Doc. 01–13011 Filed 5–22–01; 8:45 am] DEPARTMENT OF ENERGY Virginia 26301, filed in Docket No. BILLING CODE 6450–01–P CP01–359–000 an application pursuant Federal Energy Regulatory to Section 7(b) of the Natural Gas Act Commission (NGA) for permission and approval to abandon its storage well N205S, located [Docket No. CP01–359–000] in its Woodhull Storage Field in Steuben County, New York, all as more Dominion Transmission, Inc.; Notice of Application fully set forth in the application which is on file with the Commission and open May 17, 2001. to public inspection. This filing may be Take notice that on May 4, 2001, viewed on the web at http:// Dominion Transmission, Inc. (DTI), 445 www.ferc.fed.us/online/rims.htm (call West Main Street, Clarksburg, West 202–208–2222 for assistance).
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DTI proposes to abandon its storage application if no motion to intervene is Commission in determining the well N205S and to convert it to an filed within the time required herein, if appropriate action to be taken, but will observation well in the Woodhull the Commission on its own review of not serve to make protestants parties to Storage Pool. DTI requests authorization the matter finds that permission and the proceedings. Copies of this filing are to abandon N205S because the approval for the proposed abandonment on file with the Commission and are expenditures required to maintain this are required by the public convenience available for public inspection in the well and the gathering lines that and necessity. If a motion for leave to Public Reference Room. This filing may connect it to DTI’s mainline are not intervene is timely filed, or if the be viewed on the web at http:// operationally or economically justified. Commission on its own motion believes www.ferc.fed.us/online/rims.htm (call DTI also states that, due to continuing that a formal hearing is required, further 202–208–2222 for assistance). problems with the well and the notice of such hearing will be duly Comments, protests and interventions connecting gathering line, the well has given. may be filed electronically via the been unavailable to the gathering system Under the procedure herein provided internet in lieu of paper. See, 18 CFR each withdrawal season and is for, unless otherwise advised, it will be 385.2001(a)(1)(iii) and the instructions contributing nothing to pool unnecessary for DTI to appear or be on the Commission’s web site at deliverability. DTI states that the pool represented at the hearing. http://www.ferc.fed.us/efi/doorbell.htm. deliverability will be unaffected if well N205S is abandoned and converted to David P. Boergers, David P. Boergers, an observation well. DTI further states Secretary. Secretary. that it plans to abandon the lines that [FR Doc. 01–12955 Filed 5–22–01; 8:45 am] [FR Doc. 01–12957 Filed 5–22–01; 8:45 am] connect well N205S to DTI’s mainline, BILLING CODE 6717–01–M BILLING CODE 6717–01–M specifically 1200 feet of 6-inch-diameter well line LN720S and 500 feet of 8-inch- diameter well line LN695S, under DTI’s DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY Part 157 blanket certificate authority. Any questions regarding this Federal Energy Regulatory Federal Energy Regulatory application should be directed in Commission Commission writing to Sean R. Sleigh, Manager, [Docket No. RP01–417–000] [Project No. 10461–002–New York] Certificates, Dominion Transmission, Inc., 445 West Main Street, Clarksburg, Eastern Shore Natural Gas Co.; Notice Erie Boulevard Hydropower, L.P.; West Virginia 26301 or by telephone at of Proposed Changes in FERC Gas Notice of Extension of Time to File (304) 627–3462. Tariff Comments, Recommendations, Terms Any person desiring to be heard or and Conditions, and Prescriptions any person desiring to make any May 17, 2001. protests with reference to said Take notice that on May 14, 2001, May 17, 2001. application should on or before June 7, Eastern Shore Natural Gas Company By letter dated April 5, 2001, Erie 2001, file with the Federal Energy (ESNG) tendered for filing as part of its Boulevard Hydropower, L.P. (Erie) Regulatory Commission, 888 First FERC Gas Tariff, Second Revised requested an extension of time for the Street, NE., Washington, DC 20426, a Volume No. 1, certain revised tariff filing of comments in response to the motion to intervene or a protest in sheets in the above captioned docket, Commission’s Notice of Ready for accordance with the requirements of the bear a proposed effective date of May 1, Environmental Analysis and Soliciting Commission’s Rules of Practice and 2001. Comments, Recommendations, Terms Procedure (18 CFR 385.214 or 385.211) ESNG states that the purpose of this and Conditions, and Prescriptions and the Regulations under the NGA (18 instant filing is to track rate changes issued March 27, 2001, concerning CFR 157.10). All protests filed with the attributable to storage services Erie’s application for a proposed Commission will be considered by it in purchased from Transcontinental Gas original license for the Parishville determining the appropriate action to be Pipe Line Corporation (Transco) under Project on the West Branch of the St. taken but will not serve to make the its Rate Schedules GSS and LSS. The Regis River, near the village of protestants parties to the proceeding. costs of the above referenced storage Parishville, St. Lawrence County, New Any person wishing to become a party services comprise the rates and charges York. Erie stated that it had been to a proceeding or to participate as a payable under ESNG’s respective Rate meeting with the New York Department party in any hearing therein must file a Schedules GSS and LSS. This tracking of Environmental Conservation motion to intervene in accordance with filing is being made pursuant to Section (NYSDEC) as part of continuing the Commission’s Rules. Comments, 3 of ESNG’s Rate Schedules GSS and negotiations on major licensing issues protests and interventions may be filed LSS. pertaining to the project and anticipated electronically via the internet in lieu of ESNG states that copies of the filing a settlement offer on those issues to be paper. See, 18 CFR 385.2001(a)(1)(iii) have been served upon its jurisdictional achieved by June 2001. Erie stated that and the instructions on the customers and interested State the additional time is needed so the Commission’s web site at http:// Commissions. parties to the proceedings (particularly www.ferc.fed.us/efi/doorbell.htm. Any person desiring to protest said the resource agencies) can avoid having Take further notice that, pursuant to filing should file a protest with the to develop and support positions, the authority contained in and subject to Federal Energy Regulatory Commission, especially recommendations or the jurisdiction conferred upon the 888 First Street, NE., Washington, DC mandatory conditions pursuant to Federal Energy Regulatory Commission 20426, in accordance with section Section 10(j) or Section 18 of the by Sections 7 and 15 of the NGA and the 385.211 of the Commission’s Rules and Federal Power Act, that may differ from Commission’s Rules of Practice and Regulations. All such protests must be proposals expected to be arrived at in Procedure, a hearing will be held filed in accordance with section 154.210 the settlement offer. without further notice before the of the Commission’s Regulations. By letter dated April 23, 2001, the Commission or its designee on this Protests will be considered by the Department of the Interior supported
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Erie’s request. By letter dated May 1, request from representatives of the U.S. www.ferc.fed.us/online/rims.htm (call 2001, Erie reported it had also obtained Fish and Wildlife Service, the NYSDEC, 202–208–2222 for assistance). verbal agreement on the extension the Adirondack Mountain Club, New Comments, protests and interventions request from representatives of the U.S. York Rivers United, Trout Unlimited, maybe filed electronically via the Fish and Wildlife Service, the NYSDEC, and American Whitewater. internet in lieu of paper. See, 18 CFR the Adirondack Mountain Club, New Upon consideration, notice is hereby 385.2001(a)(1)(iii) and the instructions York Rivers United, Trout Unlimited, given that an extension of time for the on the Commission’s web site at and American Whitewater. filing of comments, recommendations, http://www.ferc.fed.us/efi/doorbell.htm. Upon consideration, notice is hereby terms and conditions, and prescriptions David P. Boergers, given that an extension of time for the is granted, and they are now due on July filing of comments, recommendations, 25, 2001. Secretary. terms and conditions, and prescriptions [FR Doc. 01–12959 Filed 5–22–01; 8:45 am] David P. Boergers, is granted, and they are now due on July BILLING CODE 6717–01–M 25, 2001. Secretary. [FR Doc. 01–12961 Filed 5–22–01; 8:45 am] David P. Boergers, BILLING CODE 6717–01–M DEPARTMENT OF ENERGY Secretary. [FR Doc. 01–12960 Filed 5–22–01; 8:45 am] Federal Energy Regulatory Commission BILLING CODE 6717–01–M DEPARTMENT OF ENERGY [Docket No. RP01–416–000] Federal Energy Regulatory DEPARTMENT OF ENERGY Commission Northwest Pipeline Corp.; Notice of [Docket No. RP01–225–003] Proposed Changes in FERC Gas Tariff Federal Energy Regulatory May 17, 2001. Commission Gulf South Pipeline Company, LP; Take notice that on May 14, 2001, Notice of Compliance Filing [Project No. 10462–002–New York] Northwest Pipeline Corporation (Northwest) tendered for filing as part of Erie Boulevard Hydropower, L.P.; May 17, 2001. its FERC Gas Tariff, Third Revised Notice of Extension of Time to File Take notice that on May 14, 2001, Gulf South Pipeline Company, LP (Gulf Volume No. 1, the following tariff Comments, Recommendations, Terms sheets, to be effective June 14, 2001: and Conditions, and Prescriptions South) tendered for filing as part of its FERC Gas Tariff, Sixth Revised Volume 1st Rev Third Revised Sheet No. 255 May 17, 2001. No. 1, the following tariff sheets, to 1st Rev Third Revised Sheet No. 256 By letter dated April 5, 2001, Erie become effective March 1, 2001: Northwest states that the purpose of Boulevard Hydropower, L.P. (Erie) Substitute First Revised Sheet No. 100 this filing is to propose revisions to requested an extension of time for the Substitute First Revised Sheet No. 300 Northwest’s tariff to provide for the filing of comments in response to the Substitute First Revised Sheet No. 400 equitable sharing of lateral facility costs Commission’s Notice of Ready for Substitute First Revised Sheet No. 500 between a shipper for whom a lateral Environmental Analysis and Soliciting, Substitute First Revised Sheet No. 603 facility was initially constructed and a Recommendations, Terms and Second Sub Original Sheet No. 1416 third-party shipper that has requested Conditions, and Prescriptions issued Second Sub Original Sheet No. 2902 service on a relatively inexpensive Second Sub Original Sheet No. 2903 March 27, 2001, concerning Erie’s expansion of the original lateral facility. application for a proposed original In its Order on Compliance filing and Northwest states that a copy of this license for the Allens Falls Project on Rehearing, issued April 27, 2001, in filing has been served upon Northwest’s the West Branch of the St. Regis River, Docket No. RP01–225, the Commission customers and upon interested state near the village of Parishville, St. required Gulf South to refile certain regulatory commissions. Lawrence County, New York. Erie stated aspects of its open tap and open season Any person desiring to be heard or to that it had been meeting with the New tariff provisions, consistent with its protest said filing should file a motion York Department Environmental directives. This compliance filing to intervene or a protest with the Conservation (NYSDEC) as part of incorporates the required changes to the Federal Energy Regulatory Commission, continuing negotiations on major appropriate tariff sheets. 888 First Street, NE., Washington, DC licensing issues pertaining to the project Any person desiring to protest said 20426, in accordance with sections and anticipated a settlement offer on filing should file a protest with the 385.214 or 385.211 of the Commission’s those issues to be achieved by June Federal Energy Regulatory Commission, Rules and Regulations. All such motions 2001. Erie stated that the additional 888 First Street, NE., Washington, DC or protests must be filed in accordance time is needed so the parties to the 20426, in accordance with section with section 154.210 of the proceedings (particularly the resource 385.211 of the Commission’s Rules and Commission’s Regulations. Protests will agencies) can avoid having to develop Regulations. All such protests must be be considered by the Commission in and support positions, especially filed in accordance with section 154.210 determining the appropriate action to be recommendations or mandatory of the Commission’s Regulations. taken, but will not serve to make conditions pursuant to Section 10(j) or Protests will be considered by the protestants parties to the proceedings. Section 18 of the Federal Power Act, Commission in determining the Any person wishing to become a party that may differ from proposals expected appropriate action to be taken, but will must file a motion to intervene. Copies to be arrived at in the settlement offer. not serve to make protestants parties to of this filing are on file with the By letter dated April 23, 2001, the the proceedings. Copies of this filing are Commission and are available for public Department of the Interior supported on file with the Commission and are inspection in the Public Reference Erie’s request. By letter dated May 1, available for public inspection in the Room. This filing may be viewed on the 2001, Erie reported it had also obtained Public Reference Room. This filing may web at http://www.ferc.fed.us/online/ verbal agreement on the extension be viewed on the web at http:// rims.htm (call 202–208–2222 for
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assistance). Comments, protests, and DEPARTMENT OF ENERGY The Applicant is a limited liability interventions may be filed electronically company formed under the laws of the via the internet in lieu of paper. See, 18 Federal Energy Regulatory State of Delaware. The Applicant is CFR 385.2001(a)(1)(iii) and the Commission engaged, directly or indirectly through instructions on the Commission’s web [Docket No. EC01–98–000–000, et al.] an affiliate as defined in Section site at http://www.ferc.fed.us/efi/ 2(a)(11)(B) of the Public Utility Holding doorbell.htm. Public Service Company of New Company Act of 1935 (PUHCA), Mexico, et al.; Electric Rate and exclusively in owning or owning and David P. Boergers, Corporate Regulation Filings operating eligible electric facilities and Secretary. participating in project development [FR Doc. 01–12958 Filed 5–22–01; 8:45 am] May 16, 2001. activities incidental to such eligible BILLING CODE 6717–07–M Take notice that the following filings electric facilities as authorized under have been made with the Commission: PUHCA. The Applicant owns and 1. Public Service Company of New operates eligible facilities located in DEPARTMENT OF ENERGY Mexico Pennsylvania and New Jersey. Comment date: June 6, 2001, in Federal Energy Regulatory [Docket No. EC01–98–000] accordance with Standard Paragraph E Commission Take notice that on May 10, 2001, at the end of this notice. The Public Service Company of New Mexico Commission will limit its consideration [Docket No. RP01–317–001] (PNM), filed an application pursuant to of comments to those that concern the Sections 203 of the Federal Power Act, adequacy or accuracy of the application. Reliant Energy Gas Transmission 16 U.S.C. §§ 824b and Part 33 of the 4. Electricity Capital, LLC; El Cap I, Company; Notice of Compliance Filing Commission’s regulations, 18 CFR Part 33. PNM requests authorization to LLC; El Cap II, LLC May 17, 2001. transfer control over PNM to a new [Docket Nos. EG01–171–000; EG01–177–000; Take notice that on May 14, 2001, holding company that will own PNM EG01–178–000] Reliant Energy Gas Transmission through a mandatory share exchange Take notice that on May 11, 2001, Company (REGT) tendered for filing as transaction involving existing PNM Electricity Capital, LLC (Electricity part of its FERC Gas Tariff, Fifth Revised shareholders. Capital), El Cap I, LLC (El Cap I), and Volume No. 1, the following tariff sheet Comment date: May 31, 2001, in El Cap II, LLC (El Cap II), Delaware to be effective May 1, 2001: accordance with Standard Paragraph E limited liability companies, filed with at the end of this notice. the Federal Energy Regulatory Substitute Second Revised Sheet No. 253 2. Oklahoma Gas and Electric Company Commission an amendment to its application for determination of exempt REGT states that the purpose of this [Docket No. EC01–100–000] filing is to comply with the wholesale generator status pursuant to Take notice that on May 11, 2001, Commission’s order issued April 27, part 365 of the Commission’s Oklahoma Gas and Electric Company 2001 in Docket No. RP01–317–000. regulations. (OGE) filed with the Federal Energy Applicants are engaged directly and Any person desiring to protest said Regulatory Commission (Commission) exclusively in the business of owning filing should file a protest with the an application pursuant to section 203 and operating all or part of one or more Federal Energy Regulatory Commission, of the Federal Power Act requesting eligible facilities and selling electric 888 First Street, N.E., Washington, D.C. authorization to transfer operational energy and capacity at wholesale. 20426, in accordance with Section control of certain jurisdictional Applicants intend to produce electricity 385.211 of the Commission’s Rules and transmission facilities to the Southwest using natural gas-fired generators. Regulations. All such protests must be Power Pool Regional Transmission Comment date: June 6, 2001, in filed in accordance with Section Organization as proposed and described accordance with Standard Paragraph E 154.210 of the Commission’s in the filing made by the Southwest at the end of this notice. The Regulations. Protests will be considered Power Pool on October 13, 2000 in Commission will limit its consideration by the Commission in determining the Docket No. RT01–34–000. of comments to those that concern the appropriate action to be taken, but will OGE states that a copy of the filing adequacy or accuracy of the application. not serve to make protestants parties to has been served on the Oklahoma 5. Reliant Energy Mid-Atlantic Power the proceedings. Copies of this filing are Corporation Commission and the Holdings, L.L.C. on file with the Commission and are Arkansas Public Service Commission. available for public inspection in the Comment date: June 1, 2001, in [Docket No. EG01–211–000] Public Reference Room. This filing may accordance with Standard Paragraph E Take notice that on May 10, 2001, be viewed on the web at http:// at the end of this notice. Reliant Energy Mid-Atlantic Power www.ferc.fed.us/online/rims.htm (call 3. PSEG Fossil LLC Holdings, L.L.C. (Applicant) filed with 202–208–2222 for assistance). the Federal Energy Regulatory Comments, protests and interventions [Docket No. EG01–42–000] Commission (Commission) a second may be filed electronically via the Take notice that on May 9, 2001, amended and restated application for internet in lieu of paper. See, 18 CFR PSEG Fossil LLC (Applicant), having its redetermination of exempt wholesale 385.2001(a)(1)(iii) and the instructions principal place of business at 80 Park generator (EWG) status pursuant to Part on the Commission’s web site at http:/ Plaza, T16, Newark, New Jersey 07102, 365 of the Commission’s regulations. /www.ferc.fed.us/efi/doorbell.htm. filed with the Federal Energy Regulatory The Applicant is a Delaware limited Commission (FERC or the Commission) liability company that owns and David P. Boergers, an amended and restated application for operates EWGs and eligible facilities in Secretary. redetermination of exempt wholesale New Jersey, Maryland and [FR Doc. 01–12956 Filed 5–22–01; 8:45 am] generator (EWG) status pursuant to Part Pennsylvania. The Applicant is engaged BILLING CODE 6717–01–M 365 of the Commission’s regulations. directly, or indirectly through an
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affiliate as defined in Section 2(a)(11)(B) Comment date: May 31, 2001, in Comment date: June 1, 2001, in of the Public Utility Holding Company accordance with Standard Paragraph E accordance with Standard Paragraph E Act of 1935 (PUHCA), and exclusively at the end of this notice. at the end of this notice. in owning or operating or both owning 8. Carolina Power & Light Company 12. Public Service Company of New and operating eligible electric facilities Duke Energy Corporation; South Mexico and participating in project Carolina Electric & Gas Company; [Docket No. ER01–1845–001] development activities incidental to GridSouth Transco, LLC such eligible electric facilities as Take notice that on May 11, 2001, authorized under PUHCA. [Docket No. RT01–74–002] Public Service Company of New Mexico Comment date: June 6, 2001, in Take notice that on May 14, 2001, (PNM) tendered for filing a correction to accordance with Standard Paragraph E Carolina Power & Light Company, Duke its April 20, 2001 submittal of First at the end of this notice. The Energy Corporation, and South Carolina Revised Sheet Nos. 90, 91 and 92 of Commission will limit its consideration Electric & Gas Company (Applicants), PNM’s Open Access Transmission Tariff of comments to those that concern the on behalf of GridSouth Transco, LLC, to incorporate a change to the pricing adequacy or accuracy of the application. submitted a supplemental filing. The methodology for energy provided by filing includes those revisions to the PNM for Schedule 4—Energy Imbalance 6. Calhoun Power Company I, LLC GridSouth documents required by the Service. The correction incorporates the [Docket No. EG01–212–000] Commission’s order of March 14, 2001, intended change in the pricing language in Docket No. RT01–74–000. as described in the transmittal letter to Take notice that on May 11, 2001, Comment date: June 15, 2001, in the April 20 filing. PNM’s filing is Calhoun Power Company I, LLC accordance with Standard Paragraph E available for public inspection at its (Calhoun), with its principal office at at the end of this notice. offices in Albuquerque, New Mexico. 700 Universe Boulevard, Juno Beach, Copies of the filing have been sent to Florida 33408, filed with the 9. Consumers Energy Company all PNM Tariff customers, all entities Commission an application for [Docket No. ER01–318–005] that have pending interconnection determination of exempt wholesale Take notice that on May 10, 2001, requests with PNM and the New Mexico generator status pursuant to Part 365 of Consumers Energy Company Public Regulation Commission. the Commission’s regulations. (Consumers) tendered for filing Sub Comment date: June 1, 2001, in Calhoun states that it is a Delaware Original Sheet Nos. 129 and 162 to its accordance with Standard Paragraph E limited liability company developing a Open Access Transmission Tariff, at the end of this notice. 628 megawatt electric generating facility Consumers First Revised FERC Electric located in Calhoun County near Tariff No. 6, in compliance with the 13. Arizona Public Service Company Anniston, Alabama, which will be used Commission’s April 27, 2001 Order in [Docket No. ER01–173–003] Docket No. ER01–318–004. Both sheets to produce energy sold exclusively at Take notice that on May 11, 2001, have effective dates of November 1, wholesale. Arizona Public Service Company (APS) Comment date: June 6, 2001, in 2000. Copies of the revised tariff sheets tendered for filing FERC ordered accordance with Standard Paragraph E were served upon all those on the revisions to its Open Access at the end of this notice. The service list in this proceeding. Transmission Tariff (OATT) in the Commission will limit its consideration Comment date: May 31, 2001, in above referenced docket. of comments to those that concern the accordance with Standard Paragraph E A copy of this filing has been served adequacy or accuracy of the application. at the end of this notice. on all parties of the official service list. Comment date: June 1, 2001, in 7. Cogeneration Association of 10. California Independent System accordance with Standard Paragraph E California; Coalinga Cogeneration Operator Corporation at the end of this notice. Company; Kern River Cogeneration Company; Mid-Set Cogeneration [Docket No. ER01–889–005] 14. Kansas City Power & Light Co Take notice that on May 11, 2001, the Company; Sycamore Cogeneration [Docket No. ER01–1707–001] Company; Texaco Kern Field Projects; California Independent System Operator Sargent Canyon Cogeneration Corporation (ISO) tendered for filing a Take notice that on May 11, 2001, Company; Salinas River Cogeneration compliance filing in the above Kansas City Power & Light Company Company; Texaco North Midway captioned docket. The ISO states that (KCPL) tendered for filing an Cogeneration Project; Texaco this filing has been served on all parties amendment to its initial filing in the McKittrick Cogeneration Project; on the official service list in this docket. above-referenced proceeding. In Midway Sunset Cogeneration Company; Comment date: June 1, 2001, in particular, KCPL has provided and Watson Cogeneration Company accordance with Standard Paragraph E additional cost support for its proposed at the end of this notice. rate and has submitted to proposed rate [Docket Nos. EL01–77–000; EL01–64–000; schedule in the format required by EL01–67–000; EL01–71–000; (Not 11. Arizona Public Service Company Section 35.9 of the Commission’s consolidated)] [Docket No. ER01–1940–001] Regulations (18 CFR 35.9). Take notice that on May 10, 2001, the Take notice that on May 11, 2001, Comment date: June 1, 2001, in Cogeneration Association of California, Arizona Public Service Company (APS) accordance with Standard Paragraph E et al. tendered for filing a Petition for tendered for filing FERC revisions to its at the end of this notice. Declaratory Order Finding Federal Open Access Transmission Tariff 15. Elizabethtown Power, LLC Preemption or for Enforcement Action (OATT) to make changes to the Arizona Under Section 210(h) of the Public Independent Scheduling Administrator [Docket No. ER01–1509–001] Utility Regulatory Policies Act of 1978, Association’s Protocols Manual, Take notice that on May 11, 2001, Motion to Intervene in Support of Attachment L of APS OATT. Elizabethtown Power, LLC tendered for Related Dockets and Motion to A copy of this filing has been served filing its FERC Electric Tariff, Original Consolidate. on all parties on the service list. Volume No. 1 and accompanying Code
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of Conduct in compliance with the Copies of the filing were served on the Comment date: May 31, 2001, in Commission’s May 10, 2001, Order in Kansas Corporation Commission, accordance with Standard Paragraph E the above-referenced docket. Western Resources, Inc and on each at the end of this notice. Comment date: June 1, 2001, in person designated on the official service 23. Public Service Company of New accordance with Standard Paragraph E list compiled by the Secretary in this at the end of this notice. proceeding. Mexico Comment date: June 1, 2001, in 16. Lumberton Power, LLC [Docket No. ER01–2019–000] accordance with Standard Paragraph E [Docket No. ER01–1507–001] at the end of this notice. Take notice that on May 10, 2001, Take notice that on May 11, 2001, Public Service Company of New Mexico 20. Southern Energy Delta, L.L.C. Lumberton Power, LLC tendered for (PNM) tendered for filing two executed Southern Energy Potrero, L.L.C. filing its FERC Electric Tariff, Original service agreements with Portland Volume No. 1 and accompanying Code [Docket Nos. ER00–936–004; ER00–937–004] General Electric Company (Portland), of Conduct in compliance with the Take notice that on May 11, 2001, under the terms of PNM’s Open Access Commission’s May 10, 2001, Order in Mirant Delta, LLC (formerly Southern Transmission Tariff. One agreement is the above-referenced docket. Energy Delta, L.L.C.) and Mirant for short-term firm point-to-point Comment date: June 1, 2001, in Potrero, LLC (formerly Southern Energy transmission service and one is for non- accordance with Standard Paragraph E Potrero, L.L.C.) (collectively, the Mirant firm point-to-point transmission service. at the end of this notice. Parties) tendered for filing a refund The effective date for the agreements 17. Perryville Energy Partners, L.L.C. report as required by the Offer of is May 2, 2001, the date of execution. Settlement filed in the above-captioned PNM’s filing is available for public [Docket No. ER01–1397–001] proceedings on September 28, 2000, and inspection at its offices in Albuquerque, Take notice that on May 11, 2001, approved by letter order issued New Mexico. Perryville Energy Partners, L.L.C. pursuant to direction of the Commission Copies of the filing have been sent to tendered for filing an amendment to the on March 15, 2001, 94 FERC 61,275 Portland and to the New Mexico Public designations submitted with its (2001). Regulation Commission. Application for Acceptance of Market Comment date: June 1, 2001, in Based Rates, Certain Waivers and accordance with Standard Paragraph E Comment date: May 31, 2001, in Blanket Authority, filed on March 5, at the end of this notice. accordance with Standard Paragraph E 2001. at the end of this notice. 21. AmerGen Vermont, LLC Comment date: June 1, 2001, in 24. Carolina Power & Light Company accordance with Standard Paragraph E [Docket No. ER00–1027–002] and Florida Power Corporation at the end of this notice. Take notice that on May 11, 2001, [Docket No. ER01–2020–000] 18. Xcel Energy Operating Companies AmerGen Vermont, LLC (AmerGen Northern States Power Company Vermont) tendered for filing the Power Take notice that on May 10, 2001, Purchase Agreement with Vermont Carolina Power & Light Company (CPL) [Docket No. ER01–1332–001] Yankee Nuclear Power Corporation and Florida Power Corporation (FPC) Take notice that on May 11, 2001, (VYNPC), designated as AmerGen tendered for filing a Notice of Northern States Power Company (NSP), Vermont, LLC, Rate Schedule FERC No. Cancellation of their joint Open Access a wholly-owned utility operating 2, is canceled effective as of May 11, Transmission Tariff (OATT), FERC company subsidiary of Xcel Energy Inc., 2001. Electric Tariff, Original Volume No. 1. tendered for filing in Compliance with Comment date: June 1, 2001, in This cancellation is being filed because the Commission’s Order of April 5, accordance with Standard Paragraph E CP&L and FPC have filed separate tariffs 2001, in the above referenced docket. at the end of this notice. to replace the joint OATT on April 26, NSP requests the letter agreements be 22. Cinergy Services, Inc. 2001 in Docket No. ER01–1807–000. accepted for filing effective January 1, 2001, and requests waiver of the [Docket No. ER01–2018–000] Copies of the filing were served upon Commission’s notice requirements in Take notice that on May 10, 2001, the CP&L’s and FPC’s open access tariff order for the Agreements to be accepted Cinergy Services, Inc. (Services) customers, and the state commissions of for filing on the date requested. tendered for filing on behalf of its North Carolina, South Carolina and Comment date: June 1, 2001, in operating companies, The Cincinnati Florida. accordance with Standard Paragraph E Gas & Electric Company and PSI Energy, Comment date: May 31, 2001, in at the end of this notice. Inc. (collectively Cinergy Operating accordance with Standard Paragraph E 19. Westar Generating, Inc. Companies) a Letter Agreement, dated at the end of this notice. April 3, 2001, as a supplement to the [Docket Nos. ER01–1305–003] Service Agreement No. 43, dated 25. Entergy Services, Inc. Take notice that on May 11, 2001, January 22, 1997, between Southwestern [Docket No. ER01–2021–000] Westar Generating, Inc. (Westar) Electric Cooperative, Inc. (SWEC) and Take notice that on May 10, 2001, tendered for filing an Order No. 614 the Cinergy Operating Companies under Entergy Services, Inc., on behalf of conformed Rate Schedule FERC No.1 the COC FERC Electric Market-Based Entergy Louisiana, Inc., tendered for between Westar and Western Resources, Power Sales Tariff, Volume No. 7. Inc. in compliance with the SWEC and the Cinergy Operating filing an Interconnection and Operating requirements of the Commission’s April Companies have agreed to procedures Agreement with Washington Parish 27, 2001 Order Accepting for Filing and for the curtailment of some of SWEC’s Energy Center, L.L.C. (Energy Center), Suspending Subject To Refund, load. and a Generator Imbalance Agreement Proposed Purchase Power Agreement, Copies of the filing were served on with Energy Center. Requiring Compliance Filing, Granting SWEC and the State Regulatory Comment date: May 31, 2001, in Waivers, and Establishing Hearing Commissions of Illinois, Ohio, Kentucky accordance with Standard Paragraph E Procedures, 95 FERC § 61,137. and Indiana. at the end of this notice.
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26. Illinois Power Company Comment date: May 31, 2001, in 32. American Electric Power Service [Docket No. ER01–2022–000] accordance with Standard Paragraph E Corporation at the end of this notice. Take notice that on May 10, 2001, [Docket No. ER01–2028–000] Illinois Power Company (Illinois 29. Puget Sound Energy, Take notice that on May 11, 2001, the Power), 500 South 27th Street, Decatur, [Docket No. ER01–2025–000] American Electric Power Service Illinois 65251–2200, tendered for filing Corporation (AEPSC) tendered for filing with the Commission an Amended and Take notice that on May 10, 2001, Puget Sound Energy, Inc., as blanket Service Agreements for new Restated Service Agreement for Network customers and replacement blanket Integration Transmission Service with Transmission Provider, tendered for filing a service agreement for Firm Service Agreements for existing Corn Belt Electric Cooperative Inc. customers under the AEP Companies’ (Corn Belt) entered into pursuant to Point-To-Point Transmission Service and a service agreement for Non-Firm Power Sales Tariffs. The Power Sales Illinois Power’s Open Access Tariffs were accepted for filing by the Transmission Tariff. Point-To-Point Transmission Service with Merchant Energy Group of the Commission as FERC Electric Tariff Illinois Power requests an effective Original Volume No. 5, Effective date of May 1, 2001 for the Amended Americas, Inc. (MEGA), as Transmission Customer. A copy of the filing was October 10, 1997 in Docket Number ER Agreement and accordingly seeks a 97–4143–00 and FERC Electric Tariff waiver of the Commission’s notice served upon MEGA. Comment date: May 31, 2001, in Original Volume No. 8, Effective requirement. Illinois Power states that a January 8, 1998 in Docket Number ER copy of this filing has been sent to Corn accordance with Standard Paragraph E at the end of this notice. 98–542–000. Belt. AEPSC respectfully requests waiver of Comment date: May 31, 2001, in 30. Progress Energy, Inc. On behalf of notice to permit the Service Agreements accordance with Standard Paragraph E Florida Power Corporation to be made effective to be effective on at the end of this notice. [Docket No. ER01–2026–000] or prior to April 16, 2001. 27. American Transmission Systems, Take notice that on May 11, 2001, A copy of the filing was served upon Inc. Florida Power Corporation (FPC) the Parties and the State Utility Regulatory Commissions of Arkansas, [Docket No. ER01–2023–000] tendered for filing Service Agreements for Short-Term Firm and Non-Firm Indiana, Kentucky, Louisiana, Michigan, Take notice that on May 10, 2001, Ohio, Oklahoma, Tennessee, Texas, American Transmission Systems, Inc. Point-to-Point Transmission Service with FirstEnergy Services Corp. Service Virginia and West Virginia. tendered for filing a Service Agreement Comment date: June 1, 2001, in to provide Non-Firm Point-to-Point to this Eligible Customer will be in accordance with the terms and accordance with Standard Paragraph E Transmission Service for Strategic at the end of this notice. Energy L.L.C., the Transmission conditions of the Open Access Customer. Services are being provided Transmission Tariff filed on behalf of 33. South Carolina Electric & Gas under the American Transmission FPC. Company FPC is requesting an effective date of Systems, Inc. Open Access [Docket No. ER01–2029–000] Transmission Tariff submitted for filing April 15, 2001 for the Service by the Federal Energy Regulatory Agreements. Take notice that on May 11, 2001, Commission in Docket No. ER99–2647– A copy of the filing was served upon South Carolina Electric & Gas Company 000. the Florida Public Service Commission. (SCE&G) tendered for filing an executed The proposed effective date under the Comment date: June 1, 2001, in service agreement with SCE&G Service Agreement is May 8, 2001 for accordance with Standard Paragraph E Merchant Function providing for the above mentioned Service Agreement at the end of this notice. transmission and ancillary services on a in this filing. long-term basis to the Ravenel Delivery 31. Progress Energy, Inc. On behalf of Point pursuant to SCE&G’s Open Access Comment date: May 31, 2001, in Carolina Power & Light Company accordance with Standard Paragraph E Transmission Tariffs. at the end of this notice. [Docket No. ER01–2027–000] Comment date: June 1, 2001, in Take notice that on May 11, 2001, accordance with Standard Paragraph E 28. American Transmission Systems, Carolina Power & Light Company at the end of this notice. Inc. (CP&L) tendered for filing Service 34. South Carolina Electric & Gas [Docket No. ER01–2024–000] Agreements for Short-Term Firm and Company Take notice that on May 10, 2001, Non-Firm Point-to-Point Transmission American Transmission Systems, Inc. Service with FirstEnergy Services Corp. [Docket No. ER01–2030–000] tendered for filing a Service Agreement Service to this Eligible Customer will be Take notice that on May 11, 2001, to provide Firm Point-to-Point in accordance with the terms and South Carolina Electric & Gas Company Transmission Service for Strategic conditions of the Open Access (SCE&G) tendered for filing an executed Energy L.L.C., the Transmission Transmission Tariff filed on behalf of service agreement establishing Central Customer. Services are being provided CP&L. Electric Power Cooperative, Inc. (CEPC) under the American Transmission CP&L is requesting an effective date of as a customer under the terms of Systems, Inc. Open Access April 15, 2001 for the Service SCE&G’s Negotiated Market Sales Tariff. Transmission Tariff submitted for filing Agreements. SCE&G requests an effective date of by the Federal Energy Regulatory Copies of the filing were served upon March 19, 2001, the date service Commission in Docket No. ER99–2647– the North Carolina Utilities Commission commenced. Accordingly, SCE&G 000. and the South Carolina Public Service requests waiver of the Commission’s The proposed effective date under the Commission. notice requirements. Copies of this Service Agreement is May 8, 2001 for Comment date: June 1, 2001, in filing were served upon CEPC and the the above mentioned Service Agreement accordance with Standard Paragraph E South Carolina Public Service in this filing. at the end of this notice. Commission.
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Comment date: June 1, 2001, in 2. Form of Service Agreement for 202–208–2222 for assistance). accordance with Standard Paragraph E Non-Firm Point-to-Point Transmission Comments, protests, and interventions at the end of this notice. Service dated as of March 5, 2001 by may be filed electronically via the and between Tucson Electric Power internet in lieu of paper. See, 18 CFR 35. Northern Indiana Public Service Company and Calpine Energy Serves, 385.2001(a)(1)(iii) and the instructions Company L.P.—FERC Electric Tariff Vol. No. 2, on the Commission’s web site at [Docket No. ER01–2031–000] Service Agreement No. 160. No service http://www.ferc.fed.us/efi/doorbell.htm. has commenced at this time. Take notice that on May 11, 2001, David P. Boergers, Northern Indiana Public Service Comment date: June 1, 2001, in Secretary. Company (Northern Indiana) tendered accordance with Standard Paragraph E for filing a Service Agreement pursuant at the end of this notice. [FR Doc. 01–12950 Filed 5–22–01; 8:45 am] BILLING CODE 6717–01–P to its Wholesale Market-Based Rate 38. Allegheny Energy Service Tariff with the CMS Marketing, Services Corporation on Behalf of Monongahela and Trading Company (CMS). Northern Power Company, The Potomac Edison DEPARTMENT OF ENERGY Indiana has requested an effective date Company, and West Penn Power of May 14, 2000. Company (Allegheny Power) Federal Energy Regulatory Copies of this filing have been sent to Commission CMS, the Indiana Utility Regulatory [Docket No. ER01–2035–000] Commission, and the Indiana Office of Take notice that on May 11, 2001, Utility Consumer Counselor. Allegheny Energy Service Corporation [Project No. 137–002 California] Comment date: June 1, 2001, in on behalf of Monongahela Power Company, The Potomac Edison Pacific Gas and Electric; Notice of accordance with Standard Paragraph E Availability of Final Environmental at the end of this notice. Company and West Penn Power Company (Allegheny Power), tendered Assessment 36. Tucson Electric Power Company for filing Service Agreement No. 352 to May 17, 2001. add Calpine Energy Services, L.P. to [Docket No. ER01–2033–000] In accordance with the National Allegheny Power’s Open Access Take notice that on May 11, 2001, Environmental Policy Act of 1969 and Transmission Service Tariff which has Tucson Electric Power Company been accepted for filing by the Federal the Federal Energy Regulatory tendered for filing one (1) Service Energy Regulatory Commission in Commission’s (Commission) Agreement (for firm service) pursuant to Docket No. ER96–58–000. The proposed regulations, 18 CFR part 380 (Order No. Part II of Tucson’s Open Access effective date under the Service 486, 52 F.R. 47897), the Office of Energy Transmission Tariff, which was filed in Agreement is May 10, 2001 or a date Projects has reviewed the application Docket No. ER01–208–000. ordered by the Commission. for license for the Mokelumne River The details of the service agreement is Copies of the filing have been Hydroelectric Project, a complex of as follows: provided to the Public Utilities multiple reservoirs, diversions, 1. Service Agreement for Firm Point- Commission of Ohio, the Pennsylvania conduits, and powerhouses on the to-Point Transmission Service dated as Public Utility Commission, the North Fork Mokelumne River, east of of March 23, 2001 by and between Maryland Public Service Commission, Sacramento, California in Alpine, Tucson Electric Power Company and the Virginia State Corporation Amador, and Calaveras Counties and Arizona Electric Power Cooperative, Commission, and the West Virginia has prepared a Final Environmental Inc.—FERC Electric Tariff Vol. No. 2, Public Service Commission. Assessment (FEA) for the project. The Service Agreement No. 166. No service Comment date: June 1, 2001, in project occupies federal lands managed has commenced at this time. accordance with Standard Paragraph E by the USDA Forest Service (Eldorado Comment date: June 1, 2001, in at the end of this notice. and Stanislaus National Forests) and the accordance with Standard Paragraph E USDI Bureau of Land Management. at the end of this notice. Standard Paragraph The FEA contains the staff’s analysis 37. Tucson Electric Power Company E. Any person desiring to be heard or of the potential environmental impacts to protest such filing should file a of the project and concludes that [Docket No. ER01–2034–000] motion to intervene or protest with the licensing the project, with appropriate Take notice that on May 11, 2001, Federal Energy Regulatory Commission, environmental protective measures, Tucson Electric Power Company 888 First Street, NE., Washington, DC would not constitute a major federal tendered for filing one (1) Umbrella 20426, in accordance with Rules 211 action that would significantly affect the Service Agreement (for short-term firm and 214 of the Commission’s Rules of quality of the human environment. service) and one (1) Service Agreement Practice and Procedure (18 CFR 385.211 Copies of the FEA are available for (for non-firm service) pursuant to Part II and 385.214). All such motions or review at the Commission’s Public of Tucson’s Open Access Transmission protests should be filed on or before the Reference Room, located at 888 First Tariff, which was filed in Docket No. comment date. Protests will be Street, NE., Washington, DC 20426, or ER01–208–000. considered by the Commission in by calling (202) 208–1371. The FEA may The details of the service agreements determining the appropriate action to be be viewed on the web at http:// are as follows: taken, but will not serve to make www.ferc.fed.us/online/rims.htm (call 1. Umbrella Agreement for Short- protestants parties to the proceeding. (202) 208–2222 for assistance). Term Firm Point-to-Point Transmission Any person wishing to become a party For further information, contact Jim Service dated as of March 5, 2001 by must file a motion to intervene. Copies Fargo (202) 219–2848. and between Tucson Electric Power of these filings are on file with the Company and Calpine Energy Services, Commission and are available for public David P. Boergers, L.P.—FERC Electric Tariff Vol. No. 2, inspection. This filing may also be Secretary. Service Agreement No. 159. No service viewed on the Internet at http:// [FR Doc. 01–12951 Filed 5–22–01; 8:45 am] has commenced at this time. www.ferc.fed.us/online/rims.htm (call BILLING CODE 6717–01–M
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DEPARTMENT OF ENERGY relating to the merits of an issue that representative of the Applicant may affect the responsibilities of a specified in the particular application. Federal Energy Regulatory particular resource agency, they must Federal, state, and local agencies are Commission also serve a copy of the document on invited to file comments on the that resource agency. described application. A copy of the Notice of Amendment of License and k. Description of Filing: Public Utility application may be obtained by agencies Soliciting Comments, Motions To District No. 1 of Chelan County, directly from the applicant. If an agency Intervene, and Protests Washington, has filed applications does not file comments within the time May 17, 2001. requesting that its licenses for the Rocky specified for filing comments, it will be Take notice that the following Reach and Rock Island projects be presumed to have no comments. One hydroelectric applications have been amended to allow for the installation of copy of an agency’s comments must also filed with the Commission and are small turbine generators within the be sent to the Applicant’s available for public inspection: attraction water conduits of existing representatives. a. Application Type: Amendment of adult fishways. David P. Boergers, At the Rocky Reach Project, Chelan License—Small Turbine Generator Secretary. Installation. PUD would install a small, 0.8 MW, fixed-blade propeller turbine generator [FR Doc. 01–12952 Filed 5–22–01; 8:45 am] b. Project No.: 2145–042 and 943–075. BILLING CODE 6717–01–M c. Date Filed: May 16, 2001. within the attraction water conduit d. Applicant: Public Utility District upstream of the point where water enters the fishway. The installation No. 1 of Chelan County, Washington. DEPARTMENT OF ENERGY e. Name of Project: Rocky Reach and would not occur within the fishway Rock Island Hydroelectric Projects. itself. Federal Energy Regulatory f. Location: On the Columbia River At the Rock Island Project, Chelan Commission near the city of Wenatchee, in Chelan PUD would install a small, 0.7 MW, and Douglas Counties, in Washington Kaplan turbine generator in the Notice of Application Accepted for state. The projects occupy lands attraction water conduit of the left bank Filing and Soliciting Comments, managed by the Bureau of Land adult fishway. The installation would Motions To Intervene, and Protests Management and the U.S. Forest not occur within the fishway itself. May 17, 2001. Service. l. A copy of the application is g. Filed Pursuant to: Federal Power available for inspection and Take notice that the following Act, 16 U.S.C. 791(a)–825(r). reproduction at the Commission’s hydroelectric application has been filed h. Applicant Contact: Robert A. Public Reference Room at 888 First with the Commission and is available Salter, Public Utility District No. 1 of Street NE., Room 2A, Washington, DC for public inspection: a. Type of Application: Preliminary Chelan County, Washington, P.O. box 20426, or by calling (202) 208–1371. Permit. 1231, Wenatchee, WA, 98807; (509) The application may be viewed on the web at http://www.ferc.fed.us/online/ b. Project No: 11938–000. 663–8121. c. Date Filed: March 30, 2001. rims.htm. Call (202) 208–2222 for i. FERC Contact: Questions about this d. Applicant: Y Canal Hydropower, assistance. A copy is also available for notice can be answered by Vince Inc. Yearick at (202) 219–3073 or e-mail inspection and reproduction at the e. Name of Project: Y Canal address: [email protected]. The address in item (h) above. Hydroelectric Project. Commission cannot accept comments, m. Individuals desiring to be included f. Location: On the North Side Canal recommendations, motions to intervene on the Commission’s mailing list should Company irrigation system, on a man- or protest sent by e-mail; these so indicate by writing to the Secretary made canal, in Gooding County, Idaho, documents must be filed as described of the Commission. near the Town of Bliss. The project below. Anyone may submit comments, a would use land administered by the j. Deadline for filing comments, protest, or a motion to intervene in Bureau of Land Management. motions to intervene, and protests: 14 accordance with the requirements of g. Filed Pursuant to: Federal Power days from the issuance date of this Rules of Practice and Procedure, 18 CFR Act, 16 U.S.C. §§ 791(a)–825(r). notice. 385.210, .211, .214. In determining the h. Applicant Contacts: Rodney Smith All documents (original and eight appropriate action to take, the or Silvio Coletti, Y Canal Hydropower, copies) should be filed with: David P. Commission will consider all protests or Inc. 2727 South Merimac Place, Boise, Boergers, Secretary, Federal Energy other comments filed, but only those ID 83709, (208) 562–1527, (Fax) (208) Regulatory Commission, 888 First who file a motion to intervene in 562–8664, E-mail: Street, NE., Washington, DC 20426. accordance with the Commission’s [email protected]. Comments, protests and interventions Rules may become a party to the i. FERC Contact: Any questions on may be filed electronically via the proceeding. Any comments, protests, or this notice should be addressed to Mr. internet in lieu of paper. See 18 CFR motions to intervene must be received Lynn R. Miles, Sr. at (202) 219–2671, or 385.2001(a)(1)(iii) and the instructions on or before the specified comment date e-mail address: [email protected]. on the Commission’s web site at for the particular application. j. Deadline for filing motions to http://www.ferc.fed.us/efi/doorbell.htm. Any filings must bear in all capital intervene, protests and comments: 60 The Commission’s Rules of Practice letters in the title ‘‘COMMENTS,’’ days from the issuance date of this and Procedure require all intervenors ‘‘RECOMMENDATIONS FOR TERMS notice. filing documents with the Commission AND CONDITIONS,’’ ‘‘PROTEST,’’ or All documents (original and eight to serve a copy of that document on ‘‘MOTION TO INTERVENE,’’ as copies) should be filed with David P. each person whose name appears on the applicable, and the Project Number(s) of Boergers, Secretary, Federal Energy official service list for the project. the particular application to which the Regulatory Commission, 888 First Further, if an intervenor files comments filing refers. A copy of any motion to Street, NE., Washington, DC 20426. or documents with the Commission intervene must also be served upon each Comments recommendations,
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interventions, and protests, may be to file the competing application no Commission, at the above-mentioned electronically filed via the internet in later than 120 days after the specified address. A copy of any notice of intent, lieu of paper. See 18 CFR comment date for the particular competing application or motion to 385.2001(a)(1)(iii) and the instructions application. A competing license intervene must also be served upon each on the Commission’s web site at http:/ application must conform with 18 CFR representative of the Applicant /www.ferc.fed.us/efi/doorbell.htm. 4.30(b) and 4.36. specified in the particular application. The Commission’s Rules of Practice o. Notice of Intent—A notice of intent s. Agency Comments—Federal, state, and Procedure require all interveners must specify the exact name, business and local agencies are invited to file filing documents with the Commission address, and telephone number of the comments on the described application. to serve a copy of that document on prospective applicant, and must include A copy of the application may be each person in the official service list an unequivocal statement of intent to obtained by agencies directly from the for the project. Further, if an intervener submit, if such an application may be Applicant. If an agency does not file files comments or documents with the filed, either a preliminary permit comments within the time specified for Commission relating to the merits of an application or a development filing comments, it will be presumed to issue that may affect the responsibilities application (specify which type of have no comments. One copy of an of a particular resource agency, they application). A notice of intent must be agency’s comments must also be sent to must also serve a copy of the document served on the applicant(s) named in this the Applicant’s representatives. on that resource agency. public notice. k. Description of Project: The p. Proposed Scope of Studies under David P. Boergers, proposed project will include a Permit—A preliminary permit, if issued, Secretary. powerplant, penstock, open cement does not authorize construction. The [FR Doc. 01–12953 Filed 5–22–01; 8:45 am] canal, and a diversion off the Y Canal. term of the proposed preliminary permit BILLING CODE 6717–01–M No dams, spillways, or reservoirs are would be 36 months. The work proposed for this project. The applicant proposed under the preliminary permit estimates that approximately 2 miles of would include economic analysis, DEPARTMENT OF ENERGY new lines will be needed to connect to preparation of preliminary engineering existing lines. plans, and a study of environmental Federal Energy Regulatory The project would have an annual impacts. Based on the results of these Commission generation of 6,709,503 kWh. studies, the Applicant would decide l. A copy of the application is whether to proceed with the preparation Notice of Application Accepted for available for inspection and of a development application to Filing and Soliciting Comments, reproduction at the Commission’s construct and operate the project. Motions To Intervene, and Protests Public Reference Room, located at 888 q. Comments, Protests, or Motions to May 17, 2001. First Street, NE., Room 2A, Washington, Intervene—Anyone may submit Take notice that the following DC 20426, or by calling (202) 208–1371. comments, a protest, or a motion to The application may be viewed on intervene in accordance with the hydroelectric application has been filed http://www.ferc.fed.us/online/rims.htm requirements of Rules of Practice and with the Commission and is available (call (202) 208–2222 for assistance). A Procedure, 18 CFR 385.210, .211, .214. for public inspection: copy is also available for inspection and In determining the appropriate action to a. Type of Application: Preliminary reproduction at the address in item h take, the Commission will consider all Permit. above. protests or other comments filed, but b. Project No.: 11964–000. m. Preliminary Permit—Anyone only those who file a motion to c. Date Filed: April 18, 2001. desiring to file a competing application intervene in accordance with the d. Applicant: Symbiotic, LLC. for preliminary permit for a proposed Commission’s Rules may become a e. Name of Project: Blackfoot Dam project must submit the competing party to the proceeding. Any comments, Hydroelectric Project. application itself, or a notice of intent to protests, or motions to intervene must f. Location: The proposed project file such an application, to the be received on or before the specified would be located on the Blackfoot River, Commission on or before the specified comment date for the particular approximately 35 miles east of the town comment date for the particular application. of Blackfoot, in Caribou County, Idaho. application (see 18 CFR 4.36). r. Filing and Service of Responsive The project would be located on an Submission of a timely notice of intent Documents—Any filings must bear in existing federally-owned dam allows an interested person to file the all capital letters the title administered by the Bureau of Indian competing preliminary permit ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT Affairs. application no later than 30 days after TO FILE COMPETING APPLICATION’’, g. Filed Pursuant to: Federal Power the specified comment date for the ‘‘COMPETING APPLICATION’’, Act, 16 U.S.C. §§ .791(a)–825(r). particular application. A competing ‘‘PROTEST’’, ‘‘MOTION TO h. Applicant Contact: Mr. Brent L. preliminary permit application must INTERVENE’’, as applicable, and the Smith, President, Northwest Power conform with 18 CFR 4.30(b) and 4.36. Project Number of the particular Services, Inc., P.O. Box 535, Rigby, ID n. Preliminary Permit—Any qualified application to which the filing refers. 83442, (208) 745–8630, (fax) (208) 745– development applicant desiring to file a Any of the above-named documents 7909, or e-mail address: competing development application must be filed by providing the original [email protected]. must submit to the Commission, on or and the number of copies provided by i. FERC Contact: Any questions on before a specified comment date for the the Commission’s regulations to: The this notice should be addressed to Mr. particular application, either a Secretary, Federal Energy Regulatory Lynn R. Miles, Sr. at (202) 219–2671, or competing development application or a Commission, 888 First Street, NE., e-mail address: [email protected]. notice of intent to file such an Washington, DC 20426. An additional j. Deadline for filing motions to application. Submission of a timely copy must be sent to Director, Division intervene, protests and comments: 60 notice of intent to file a development of Hydropower Administration and days from the issuance date of this application allows an interested person Compliance, Federal Energy Regulatory notice.
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All documents (original and eight n. Preliminary Permit—Any qualified application to which the filing refers. copies) should be filed with: David P. development applicant desiring to file a Any of the above-named documents Boergers, Secretary, Federal Energy competing development application must be filed by providing the original Regulatory Commission, 888 First must submit to the Commission, on or and the number of copies provided by Street, NE, Washington, D.C. 20426. before a specified comment date for the the Commission’s regulations to: The Comments recommendation, particular application, either a Secretary, Federal Energy Regulatory interventions, and protests, may be competing development application or a Commission, 888 First Street, N.E., electronically filed via the internet in notice of intent to file such an Washington, DC 20426. An additional lieu of paper. See 18 CFR application. Submission of a timely copy must be sent to Director, Division 385.2001(a)(1)(iii) and the instructions notice of intent to file a development of Hydropower Administration and on the Commission’s web site at application allows an interested person Compliance, Federal Energy Regulatory http://www.ferc.fed.us/efi/doorbell.htm. to file the competing application no Commission, at the above-mentioned The Commission’s Rules of Practice later than 120 days after the specified address. A copy of any notice of intent, and Procedure require all interveners comment date for the particular competing application or motion to filing documents with the Commission application. A competing license intervene must also be served upon each to serve a copy of that document on application must conform with 18 CFR representative of the Applicant each person in the official service list 4.30(b) and 4.36. specified in the particular application. for the project. Further, if an intervener o. Notice of Intent—A notice of intent s. Agency Comments—Federal, state, files comments or documents with the must specify the exact name, business and local agencies are invited to file Commission relating to the merits of an address, and telephone number of the comments on the described application. issue that may affect the responsibilities prospective applicant, and must include A copy of the application may be of a particular resource agency, they an unequivocal statement of intent to obtained by agencies directly from the must also serve a copy of the document submit, if such an application may be Applicant. If an agency does not file on that resource agency. filed, either a preliminary permit comments within the time specified for k. Description of Project: (1) An application or a development filing comments, it will be presumed to existing earth-fill dam approximately 44 application (specify which type of have no comments. One copy of an feet high and 304 feet long; (2) a application). A notice of intent must be agency’s comments must also be sent to reservoir having a surface area of 38.000 served on the applicant(s) named in this the Applicant’s representatives. acres with a storage capacity of 350,000 public notice. p. Proposed Scope of Studies under David P. Boergers, acre-feet at a normal water surface Permit—A preliminary permit, if issued, Secretary. elevation of 6,300 feet; (3) a 8 feet foot- does not authorize construction. The [FR Doc. 01–12954 Filed 5–22–01; 8:45 am] diameter 400 foot-long steel penstock; term of the proposed preliminary permit BILLING CODE 6717–-01–M (4) a concrete powerhouse containing would be 36 months. The work one generating unit with a capacity of 3 proposed under the preliminary permit megawatts; (5) a 15 kv transmission line would include economic analysis, ENVIRONMENTAL PROTECTION approximately 14 miles long; and (6) preparation of preliminary engineering AGENCY appurtenant facilities. plans, and a study of environmental [FRL–6983–4] The project would have an annual impacts. Based on the results of these generation of 13.15 GWh. studies, the Applicant would decide Agency Information Collection l. A copy of the application is whether to proceed with the preparation Activities: New Collection; Comment available for inspection and of a development application to Request; Recordkeeping and reproduction at the Commission’s Pubic construct and operate the project. Reporting Requirements for the Fuel Reference Room, located at 888 First q. Comments, Protests, or Motions to Quality Regulations for Diesel Fuel Street, NE, Room 2A, Washington, DC Intervene—Anyone may submit Sold in 2001 and Later Years 20426, or by calling (202) 208–1371. comments, a protest, or a motion to The application may be viewed on intervene in accordance with the AGENCY: Environmental Protection http://www.ferc.fed.us/online/rims.htm requirements of Rules of Practice and Agency (EPA). (call (202) 208–2222 for assistance). A Procedure, 18 CFR 385.210, .211, .214. ACTION: Notice. copy is also available for inspection and In determining the appropriate action to reproduction at the address in item h take, the Commission will consider all SUMMARY: In compliance with the above. protests or other comments filed, but Paperwork Reduction Act (44 U.S.C. m. Preliminary Permit—Anyone only those who file a motion to 3501 et seq.), this document announces desiring to file a competing application intervene in accordance with the that EPA is planning to submit the for preliminary permit for a proposed Commission’s Rules may become a following new Information Collection project must submit the competing party to the proceeding. Any comments, Request (ICR) to the Office of application itself, or a notice of intent to protests, or motions to intervene must Management and Budget (OMB): file such an application, to the be received on or before the specified Recordkeeping and Reporting Commission on or before the specified comment date for the particular Requirements for the Fuel Quality comment date for the particular application. Regulations for Diesel Fuel Sold in 2001 application (see 18 CFR 4.36). r. Filing and Service of Responsive and Later Years. Before submitting the Submission of a timely notice of intent Documents—Any filings must bear in ICR to OMB for review and approval, allows an interested person to file the all capital letters the title EPA is soliciting comments on specific competing preliminary permit ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT aspects of the proposed information application no later than 30 days after TO FILE COMPETING APPLICATION’’, collection as described below. the specified comment date for the ‘‘COMPETING APPLICATION’’, DATES: Comments must be submitted on particular application. A competing ‘‘PROTEST’’, ‘‘MOTION TO or before July 23, 2001. preliminary permit application must INTERVENE’’, as applicable, and the ADDRESSES: Transportation and conform with 18 CFR 4.30(b) and 4.36. Project Number of the particular Regional Programs Division, Office of
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Transportation and Air Quality, Office • 500 ppm option. A small refiner The EPA would like to solicit of Air and Radiation, Mail Code 6406J, may continue to produce and sell diesel comments to: U.S. Environmental Protection Agency, fuel meeting the 500 ppm sulfur (i) Evaluate whether the collection of 1200 Pennsylvania Avenue, NW., standard for four additional years, i.e., information is necessary for the proper Washington, DC 20460. A paper or until June 1, 2010, provided that it performance of the functions of the electronic copy of the draft ICR may be reasonably ensures the existence of agency, including whether the obtained without charge by contacting sufficient volumes of 15 ppm fuel in the information will have practical utility; the person listed below. marketing area(s) that it serves. (ii) Evaluate the accuracy of the • FOR FURTHER INFORMATION CONTACT: Small refiner credit option. A small agency’s estimate of the burden of the Anne-Marie Pastorkovich, (202) 564– refiner that chooses to produce 15 ppm proposed collection of information, 8987, fax: (202) 565–2085, fuel prior to June 1, 2010 may generate including the validity of the [email protected]. and sell credits under the broader methodology and assumptions used; temporary compliance option. Since a (iii) Enhance the quality, utility, and SUPPLEMENTARY INFORMATION: small refiner has no requirement to clarity of the information to be Affected entities: Entities potentially produce 15 ppm fuel under this option, affected by this action are refiners, collected; and any fuel it produced at or below 15 ppm (iv) Minimize the burden of the importers, pipelines, petroleum sulfur would qualify for generating marketers and other distributors, collection of information on those who credits. are to respond, including through the terminals, fuel oil dealers, fuel additive • Diesel/gasoline compliance date use of appropriate automated electronic, manufacturers, retailers and wholesale option. For small refiners that are also purchaser-consumers. mechanical, or other technological subject to the gasoline sulfur program collection techniques or other forms of Title: Recordkeeping and Reporting (see 40 CFR subpart H), the refiner may Requirements for the Fuel Quality information technology, e.g., permitting choose to extend the duration of its electronic submission of responses. Regulations for Diesel Fuel Sold in 2001 applicable interim gasoline standards by and Later Years. Burden Statement: It is estimated that three years, provided that it produces all there will be 48,690 reports, 72,648 Abstract: The pollution emitted by of its highway diesel fuel at 15 ppm diesel engines contributes greatly to our burden hours, and total costs (labor, sulfur beginning on June 1, 2006. overhead and maintenance, purchased nation’s continuing air quality In addition, exemptions are possible services, and annualized capital costs) problems. On January 18, 2001, EPA for research and development purposes. of $9,208,880. This figure includes the published a final rule that establishes The specific recordkeeping and initial burden associated with learning standards for heavy-duty engines and reporting requirements for this program, and adapting to the new requirements. vehicles and for highway diesel sulfur and associated flexibilities, are A large portion of this burden relates to control. New emissions standards for discussed below. For a more detailed labor hours needed for start-up these engines and vehicles will apply description of the diesel program, please programming needs (e.g. establishment starting with model year 2007. Since the refer to the January 18, 2001 Federal new technology developed requires low Register notice. of new product codes and adapting sulfur diesel fuel [15 parts per million This Information Collection Request company databases to account for (ppm) sulfur or less], the regulations (ICR) would make ICR additions to the credits and in order to generate require the availability of this fuel existing fuels regulations applicable to information in a format for annual starting by no later than 2006, with all diesel fuel under ICR number 1718.02, reports). highway diesel fuel required to meet the which expires July 31, 2001. (ICR Dated: May 8, 2001. 15 ppm standard by 2010. See ‘‘Control number 1718.03 has been reserved for Deborah K. Wood, of Air Pollution from New Motor its renewal.) The additional Acting Director, Transportation and Regional Vehicles: Heavy-Duty Engine and requirements covered under this ICR Programs Division. Vehicle Standards and Highway Diesel were included in the final rule [FR Doc. 01–12892 Filed 5–22–01; 8:45 am] Fuel Sulfur Control Requirements,’’ 66 published in the Federal Register on BILLING CODE 6560–50–P FR 5002 (January 18, 2001). January 18, 2001. The diesel sulfur rule contains many The information under this ICR will types of flexibility aimed at reducing be collected by EPA’s Transportation ENVIRONMENTAL PROTECTION burdens on small businesses and those and Regional Programs Division, Office AGENCY faced with particular hardships. All of Transportation and Air Quality, refiners producing highway diesel fuel Office of Air and Radiation (OAR), and [FRL–6981–7] and all importers are able to take by EPA’s Air Enforcement Division, Agency Information Collection advantage of the temporary compliance Office of Regulatory Enforcement, Office Activities: Proposed Collection; option offered in the final regulations at of Enforcement and Compliance Comment Request; National Emission 40 CFR 80.530. This option would Assurance (OECA). The information Standards for Hazardous Air Pollutants generally permit the refiner or importer collected will be used by EPA to for Beryllium Rocket Motor Firing; 40 to continue to produce or import fuel evaluate compliance with diesel sulfur CFR Part 61, Subpart D meeting a 500 ppm sulfur standard until control requirements under the diesel May 31, 2010 through the use of rule. This oversight by EPA is necessary AGENCY: Environmental Protection marketable credits. to ensure attainment of the air quality Agency (EPA). Diesel producers who market gasoline goals of the diesel program. An agency ACTION: Notice. in the geographic phase-in area defined may not conduct or sponsor, and a in the gasoline sulfur regulations may person is not required to respond to, a SUMMARY: In compliance with the receive additional flexibility under this collection of information unless it Paperwork Reduction Act (44 U.S.C. diesel fuel program (see 40 CFR 80.217 displays a currently valid OMB control 3501 et seq.), this document announces and 80.540). Refiners that seek and are number. The OMB control numbers for that EPA is planning to submit the granted small refiner status may have EPA’s regulations are listed in 40 CFR following continuing Information their choice of three options: part 9 and 48 CFR Chapter 15. Collection Request (ICR) to the Office of
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Management and Budget (OMB): existing ways to comply with any information that may impact the burden National Emission Standards for previously applicable instructions and in the next ICR. Hazardous Air Pollutants for Beryllium requirements; train personnel to be able Dated: May 9, 2001. Rocket Motor Firing; 40 CFR part 61, to respond to a collection of Michael Stahl, subpart D; EPA ICR Number 1125.03; information; search data sources; Director, Office of Compliance. OMB Number 2060–0394; expiring complete and review the collection of October 31, 2001. Before submitting the information; and transmit or otherwise [FR Doc. 01–12895 Filed 5–22–01; 8:45 am] ICR to OMB for review and approval, disclose the information. BILLING CODE 6560–50–P EPA is soliciting comments on specific ICR aspects of the proposed information ENVIRONMENTAL PROTECTION collection as described below. In compliance with the Paperwork AGENCY DATES: Comments must be submitted on Reduction Act (44 U.S.C. 3501 et seq.), or before July 23, 2001. this notice announces that EPA is [FRL–6977–8] ADDRESSES: U.S. Environmental planning to submit the continuing Protection Agency, 401 M Street S.W., Information Collection Request (ICR) to Agency Information Collection Office of Compliance, Mail Code 2223A, the Office of Management and Budget Activities: Submission for OMB Washington, D.C. 20460. A hard copy of (OMB). Review; Comment Request; an ICR may be obtained without charge Title: National Emission Standards for Investigations Into Compliance of by calling the identified information Hazardous Air Pollutants for Beryllium Stationary Source With the Accidental contact individual. Rocket Motor Firing; 40 CFR part 61, Release Prevention Program subpart D; EPA ICR Number 1125.03, FOR FURTHER INFORMATION CONTACT: AGENCY: Environmental Protection OMB Number 2060–0394, expiring Elson Lim at (202) 564–7006 and FAX Agency (EPA). October 31, 2001. (202) 564–0050, or by E-mail at ACTION: Notice. [email protected]. Affected Entities: These standards apply to sources that are rocket motor SUMMARY: In compliance with the SUPPLEMENTARY INFORMATION: An test sites that use beryllium propellant. Agency may not conduct or sponsor, Paperwork Reduction Act (44 U.S.C. Abstract: The National Emission and a person is not required to respond 3501 et seq.), this document announces Standards for Hazardous Air Pollutants to, a collection of information unless it that the following Information (NESHAP) 40 CFR part 61, subpart D displays a currently valid OMB control Collection Request (ICR) has been was promulgated on April 6, 1973, and number. The OMB control numbers for forwarded to the Office of Management amended on November 7, 1985, for this EPA’s regulations are displayed in 40 and Budget (OMB) for review and source category. These standards CFR part 9. approval: Investigations into Possible establish limits for beryllium. The rule The EPA would like to solicit Noncompliance of Stationary Sources requires subject test sites to test ambient comments to: with the Accidental Release Prevention (i) Evaluate whether the proposed air for beryllium during and after firing Program established in 40 CFR Part 68, collection of information is necessary a rocket motor. Samples are analyzed EPA ICR No. 1956.01. The ICR describes for the proper performance of the within 30 days and results are reported the nature of the information collection functions of the agency, including to EPA Region by registered letter by the and its expected burden and cost; where whether the information will have business day following the appropriate, it includes the actual data practical utility; determination and calculation. The rule collection instrument. also requires continuous stack sampling (ii) Evaluate the accuracy of the DATES: Comments must be submitted on of beryllium combustion products agency’s estimate of the burden of the or before June 22, 2001. proposed collection of information, during and after firing a rocket motor, and analysis and reporting within 30 ADDRESSES: Send comments, referencing including the validity of the EPA ICR No. 1956.01 to the following methodology and assumptions used; days. In addition, other reporting requirements include notification of addresses: Sandy Farmer, U.S. (iii) Enhance the quality, utility, and Environmental Protection Agency, clarity of the information to be anticipated firing date; air quality emissions and ambient air quality and Collection Strategies Division (Mail collected; and Code 2822), 1200 Pennsylvania Avenue, (iv) Minimize the burden of the emission test reports. Recordkeeping NW., Washington, DC 20460; and to collection of information on those who requirements include air sampling test Office of Information and Regulatory are to respond, including through the results, record of emission test results Affairs, Office of Management and use of appropriate automated electronic, and making these records available to Budget (OMB), Attention: Desk Officer mechanical, or other technological the Agency. Records are kept for a for EPA, 725 17th Street, NW., collection techniques or other forms of period of two years for the air sampling Washington, DC 20503. information technology, e.g., permitting test results. electronic submission of responses. Burden Statement: In the currently FOR FURTHER INFORMATION: For a copy of Burden means the total time, effort, or approved ICR, the total hours were the ICR contact Sandy Farmer at EPA by financial resources expended by persons estimated to be 8.33 and the phone at (202) 260–2740, by E-mail at to generate, maintain, retain or disclose recordkeeping and reporting burden was [email protected], or or provide information to or for a estimated to be $299 per year. This download off the Internet at http:// Federal agency. This includes the time estimate was based on one test facility. www.epa.gov/icr and refer to EPA ICR needed to review instructions; develop, There are no capital and start-up cost for No. 1956.01. For technical questions acquire, install, and utilize technology this ICR. There is also no operation and about the ICR contact Silvia Palomo on and systems for the purposes of maintenance cost documented since no (312) 353–2172. collection, validating, and verifying new sources are anticipated to become SUPPLEMENTARY INFORMATION: information, processing and subject of these standards. There are no Title: Investigations into Compliance maintaining information, and disclosing costs for continuous emission of Stationary Sources with the and providing information; adjust the monitoring for this ICR and no known Accidental Release Prevention Program
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established in 40 CFR part 68, EPA ICR comments on the ICR from the following ENVIRONMENTAL PROTECTION Number 1956.01. This is a new organizations: American Chemistry AGENCY collection. Council; Center for Regulatory [FRL–6983–3] Abstract: On June 20, 1996, EPA Effectiveness (CRE); National Paint & published risk management regulations Coating Association; and from one Notice of Final Decision To Grant mandated under the accidental release person. Vickery Environmental, Incorporated a prevention provisions under the Clean Modification of an Exemption From the Air Act Section 112(r)(7), 42 U.S.C. Burden Statement: The annual public reporting and recordkeeping burden for Land Disposal Restrictions of the 7412(r)(7). These regulations were Hazardous and Solid Waste codified in 40 CFR part 68. The intent this collection of information is Amendments of 1984 Regarding of Section 112(r) is to prevent accidental estimated to average 14.8 hours per Injection of Hazardous Wastes releases to the air and mitigate the response. Burden means the total time, consequences of such releases by effort, or financial resources expended AGENCY: Environmental Protection focusing prevention measures on by persons to generate, maintain, retain, Agency (EPA). chemicals that pose the greatest risk to or disclose or provide information to or ACTION: Notice of final decision on a the environment. The chemical accident for a Federal agency. This includes the request to modify an exemption from prevention rule required owners and time needed to review instructions; the Hazardous and Solid Waste operators of stationary sources subject to develop, acquire, install, and utilize Amendments of the Resource the rule to submit a risk management technology and systems for the purposes Conservation and Recovery Act. plan by June 21, 1999 to EPA. The of collecting, validating, and verifying Office of Chemical Emergency information, processing and SUMMARY: Notice is hereby given by the Preparedness and Prevention (OCEPP), maintaining information, and disclosing Environmental Protection Agency (EPA Superfund Division, Region 5, is and providing information; adjust the or Agency) that modification of an responsible for implementing and existing ways to comply with any exemption to the land disposal enforcing the Risk Management previously applicable instructions and restrictions under the 1984 Hazardous Program. In order to fulfill its and Solid Waste Amendments to the requirements; train personnel to be able responsibilities as the implementing Resource Conservation and Recovery to respond to a collection of office, OCEPP will collect information Act (RCRA) has been granted to Vickery information; search data sources; from major stationary sources of air Environmental, Inc. (VEI) of Vickery, emissions to determine whether or not complete and review the collection of Ohio. This modification allows VEI to these sources are in compliance with information; and transmit or otherwise continue to inject two (2) RCRA- the risk management program disclose the information. regulated hazardous wastes which will regulations. Respondents/Affected Entities: Major be banned from land disposal on May 7, The information will be requested stationary sources of air emissions that 2001, as a result of regulations through certified mail and pursuant to have applied for or obtained a Title V promulgated in the Federal Register Section 114(a) of the Clean Air Act, 42 operating permit. (FR) on November 8, 2000 (65 FR U.S.C. 7414(a). Therefore, response to Estimated Number of Respondents: 67132), into four Class I injection wells the information collection is mandatory. at the Vickery, Ohio, facility. As 1,800. The information collected will include required by 40 CFR part 148, VEI has the names of the regulated substances Frequency of Response: One-time. demonstrated, to a reasonable degree of used, produced, or stored on-site; Estimated Total Annual Hour Burden: certainty, that there will be no migration amount of the regulated substances; 26,640 hours. of hazardous constituents from the copies of inventory records; capacity of injection zone utilized by VEI’s waste Estimated Total Annualized Capital, the container which stores or handles disposal facility located near Vickery, Operating/Maintenance Cost Burden: 0. the regulated substance; and the number Ohio, for as long as the newly exempted of employees. Send comments on the Agency’s need wastes remain hazardous. This decision Any information submitted to EPA for for this information, the accuracy of the constitutes a final Agency action for which a claim of confidentiality is made provided burden estimates, and any which there is no administrative appeal. will be safeguarded according to the suggested methods for minimizing Agency policies set forth in Title 40, DATES: This action is effective as of May respondent burden, including through Chapter 1, Part 2, Subpart B— 7, 2001. the use of automated collection Confidentiality of Business Information FOR FURTHER INFORMATION CONTACT: (see 40 CFR part 2; 41 FR 36902, techniques to the following addresses. Harlan Gerrish, Lead Petition Reviewer, September 1, 1976; amended by 43 FR Please refer to EPA ICR No. 1956.01 in USEPA, Region 5, telephone (312) 886– 40000, September 8, 1978; 43 FR 42251, any correspondence. 2939. Copies of the petition and all September 20, 1978; 44 FR 17674, Dated: May 3, 2001. pertinent information relating thereto March 23, 1979). Oscar Morales, are on file and are part of the An agency may not conduct or Administrative Record. It is Director, Collection Strategies Division. sponsor, and a person is not required to recommended that you contact the lead respond to, a collection of information [FR Doc. 01–12898 Filed 5–22–01; 8:45 am] reviewer prior to reviewing the unless it displays a currently valid OMB BILLING CODE 6560–50–P Administrative record. control number. The OMB control SUPPLEMENTARY INFORMATION: numbers for EPA’s regulations are listed in 40 CFR part 9 and 48 CFR Chapter I. Background 15. The Federal Register document Chemical Waste Management (CWM), required under 5 CFR 1320.8(d), the predecessor of VEI, submitted a soliciting comments on this collection petition for an exemption from the of information was published on May 9, restrictions on land disposal of 2000 (65 FR 26829). EPA received hazardous wastes on January 19, 1988.
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Revised documents were received on dioxin, and 1,2,3,4,6,7,8,9- P096 P097 P098 P099 P101 P102 P103 December 4, 1989, and several Octachlorodibenzofuran. These are all P104 P105 P106 P108 P109 P110 P111 supplemental submittals were large and complex molecules which will P112 P113 P114 P115 P116 P118 P119 subsequently made. The exemption was diffuse more slowly than will the P120 P121 P122 P123 P127 P128 P185 granted on August 7, 1990. On chloride ion which is the most mobile P188 P189 P190 P191 P192 P194 P196 September 12, 1994, CWM submitted a molecule already approved for injection. P197 P198 P199 P201 P202 P203 P204 petition to modify the exemption to Note that each of the new molecules P205 U001 U002 U003 U004 U005 U006 include wastes bearing 23 additional contains at least seven chlorine atoms. U007 U008 U009 U010 U011 U012 RCRA wastes codes. Region 5 reviewed The hazardous material in the waste U014 U015 U016 U017 U018 U019 documents supporting the request and represented by K175 is mercury which U020 U021 U022 U023 U024 U025 granted the modification of the is already approved as D009. After U026 U027 U028 U029 U030 U031 exemption on May 16, 1995. A notice of review of the material submitted, the U032 U033 U034 U035 U036 U037 the modification appeared on June 5, EPA has determined, as required by 40 U038 U039 U041 U042 U043 U044 1995, at 60 FR 29592 et seq. On April CFR 148.20(f), that there is a reasonable U045 U046 U047 U048 U049 U050 9, 1996, CWM submitted a petition to degree of certainty that the hazardous U051 U052 U053 U055 U056 U057 again modify the exemption to allow 91 constituents contained in the wastes U058 U059 U060 U061 U062 U063 additional RCRA waste codes. Region 5 bearing the codes to be banned will U064 U066 U067 U068 U069 U070 reviewed documents supporting the behave hydraulically and chemically U071 U072 U073 U074 U075 U076 request and granted the modification on like wastes for which VEI was granted U077 U078 U079 U080 U081 U082 the exemption on June 24, 1996. A its original exemption and will not U083 U084 U085 U086 U087 U088 notice of the modification appeared on migrate from the injection zone in U089 U090 U091 U092 U093 U094 July 15, 1996, at 61 FR 36880 et seq. hazardous concentrations within 10,000 U095 U096 U097 U098 U099 U101 Again on May 13, 1997, CWM submitted years. The injection zone is the Mt. U102 U103 U105 U106 U107 U108 a request to add 11 waste codes to the Simon Sandstone and the Rome, U109 U110 U111 U112 U113 U114 list. Region 5 reviewed the evidence Conasauga, Kerbel, and Knox U115 U116 U117 U118 U119 U120 submitted by CWM and granted the Formations. The confining zone is U121 U122 U123 U124 U125 U126 request. Notice of the approval appeared comprised of the Wells Creek and Black U127 U128 U129 U130 U131 U132 on August 12, 1997 (63 FR 43109). On River Formations. U133 U134 U135 U136 U137 U138 U139 U140 U141 U142 U143 U144 October 13, 1997, CWM notified the List of RCRA Waste Codes Approved U145 U146 U147 U148 U149 U150 EPA that the name of the operator of the for Injection: D001 D002 D003 D004 U151 U152 U153 U154 U155 U156 Vickery facility would become Waste D005 D006 D007 D008 D009 D010 D011 U157 U158 U159 U160 U161 U162 Management of Ohio (WMO). This D012 D013 D014 D015 D016 D017 D018 U163 U164 U165 U166 U167 U168 change was acknowledged by EPA D019 D020 D021 D022 D023 D024 D025 U169 U170 U171 U172 U173 U174 through a letter added to the D026 D027 D028 D029 D030 D031 D032 Administrative Record on November 10, U176 U177 U178 U179 U180 U181 D033 D034 D035 D036 D037 D038 D039 U182 U183 U184 U185 U186 U187 1997. On August 28, 1998, WMO D040 D041 D042 D043 F001 F002 F003 requested that two additional wastes U188 U189 U190 U191 U192 U193 F004 F005 F006 F007 F008 F009 F010 U194 U196 U197 U200 U201 U202 codes be approved for injection. Notice F011 F012 F019 F020 F021 F022 F023 of the approval appeared on December U203 U204 U205 U206 U207 U208 F024 F025 F026 F027 F028 F032 F034 U209 U210 U211 U213 U214 U215 10, 1998 (63 FR 68284). In the same F035 F037 F038 F039 K001 K002 K003 year, on November 5, 1998, WMO U216 U217 U218 U219 U220 U221 K004 K005 K006 K007 K008 K009 K010 U222 U223 U225 U226 U227 U228 submitted a petition to exempt four K011 K013 K014 K015 K016 K017 K018 additional waste codes. Approval of this U234 U235 U236 U237 U238 U239 K019 K020 K021 K022 K023 K024 K025 U240 U243 U244 U246 U247 U248 petition appeared on February 10, 1999 K026 K027 K028 K029 K030 K031 K032 (64 FR 6650). On January 24, 2000, U249 U271 U277 U278 U279 U280 K033 K034 K035 K036 K037 K038 K039 U328 U353 U359 U364 U365 U366 Waste Management of Ohio informed K040 K041 K042 K043 K044 K045 K046 U367 U372 U373 U375 U376 U377 EPA of a corporate reorganization and K047 K048 K049 K050 K051 K052 K060 U378 U379 U381 U382 U383 U384 subsequent name change from Waste K061 K062 K069 K071 K073 K083 K084 U385 U386 U387 U389 U390 U391 Management of Ohio to Vickery K085 K086 K087 K088 K093 K094 K095 U392 U393 U394 U395 U396 U400 Environmental, Inc. This change was K096 K097 K098 K099 K100 K101 K102 U401 U402 U403 U404 U407 U408 acknowledged by EPA through a letter K103 K104 K105 K106 K107 K108 K109 U409 U410 U411 added to the Administrative Record on K110 K111 K112 K113 K114 K115 K116 March 9, 2000. K117 K123 K124 K125 K126 K131 K132 I. Conditions The rule promulgated on November 8, K136 K140 K141 K142 K143 K144 K145 General conditions of this exemption 2000, bans K174 and K175 from K147 K148 K149 K150 K151 K156 K157 are found at 40 CFR part 148. The injection after May 7, 2001, unless VEI’s K158 K159 K160 K161 K169 K170 K171 exemption granted to VEI on August 7, exemption is modified to allow K172 K174 K175 P001 P002 P003 P004 1990, included a number of specific injection of those wastes. As K-coded P005 P006 P007 P008 P009 P010 P011 conditions. Conditions numbered (1), wastes, the codes represent a number of P012 P013 P014 P015 P016 P017 P018 (2), (3), (4), and (9) remain in force. chemicals, many of which have already P020 P021 P022 P023 P024 P026 P027 Construction of a monitoring well been approved for injection at Vickery P028 P029 P030 P031 P033 P034 P036 required under condition 5 has been under other waste codes. The previously P037 P038 P039 P040 P041 P042 P043 completed, and the required monitoring unapproved chemicals found in K174 P044 P045 P046 P047 P048 P049 P050 will continue through the life of the are: 1,2,3,4,6,7,8-Heptachlorodibenzo-p- P051 P054 P056 P057 P058 P059 P060 facility. Conditions numbered (6), (7), dioxin, 1,2,3,4,6,7,8- P062 P063 P064 P065 P066 P067 P068 and (8) have been fully satisfied. The Heptachlorodibenzofuran, 1,2,3,4,7,8,9- P069 P070 P071 P072 P073 P074 P075 results of the work carried out under Heptachlorodibenzofuran, P076 P077 P078 P081 P082 P084 P085 these conditions confirms that the 1,2,3,4,6,7,8,9-Octachlorodibenzo-p- P087 P088 P089 P092 P093 P094 P095 model used to simulate fluid movement
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within the injection zone for the next notice of receipt of request by E.I. those documents. The public version of 10,000 years is valid and results of the duPont de Nemours and Company the official record does not include any simulation bound the region of the (DuPont) to cancel the registrations for information claimed as CBI. The public injection zone within which the waste all of their products containing methyl version of the official record, which will be contained. 1-(butylcarbamoyl)-2-benzimidazole includes printed, paper versions of any carbamate (benomyl). EPA will decide electronic comments submitted during Valerie J. Jones, whether to approve the request after an applicable comment period, is Acting Director, Water Division, Region 5. consideration of public comment. available for inspection in the Public [FR Doc. 01–12891 Filed 5–22–01; 8:45 am] DATES: Comments on the requested Information and Records Integrity BILLING CODE 6560–50–P cancellation of product and use Branch (PIRIB), Rm. 119, Crystal Mall registrations must be submitted to the #2, 1921 Jefferson Davis Hwy., address provided below by June 22, Arlington, VA, from 8:30 a.m. to 4 p.m., ENVIRONMENTAL PROTECTION 2001. Monday through Friday, excluding legal AGENCY holidays. The PIRIB telephone number FOR FURTHER INFORMATION CONTACT: is (703) 305–5805. [FRL–6981–8] Demson Fuller, Special Review and Reregistration Division (7508C), Office C. How and to Whom Do I Submit Gulf of Mexico Program Citizens of Pesticide Programs, Environmental Comments? Advisory Committee Meeting Protection Agency, 1200 Pennsylvania You may submit comments through AGENCY: Environmental Protection Ave., NW., Washington, DC 20460; the mail, in person, or electronically. To Agency ( EPA). telephone number: (703) 308–8062; fax ensure proper receipt by EPA, it is number: (703) 308–7042; e-mail address: ACTION: Notice of meeting. imperative that you identify docket [email protected]. control number OPP–66287 in the SUMMARY: Under the Federal Advisory SUPPLEMENTARY INFORMATION: subject line on the first page of your Act, Public Law 92463, EPA gives notice I. General Information response. of a Meeting of the Gulf of Mexico 1. By mail. Submit your comments to: Program (GMP) Citizens Advisory A. Does this Action Apply to Me? Public Information and Records Committee. This action is directed to the public Integrity Branch (PIRIB), Information DATES: The Meeting will be held on in general. Although this action may be Resources and Services Division Tuesday, June 12, 2001, from 1 p.m. to of particular interest to persons who (7502C), Office of Pesticide Programs 5:30 p.m. and on Wednesday, June 13, produce or use pesticides, the Agency (OPP), Environmental Protection 2001, from 8:30 a.m. to 11:45 a.m. has not attempted to describe all the Agency, 1200 Pennsylvania Ave., NW., specific entities that may be affected by Washington, DC 20460. ADDRESSES: The meetings will be held at this action. If you have any questions 2. In person or by courier. Deliver the Florida Marine Research Institute, regarding the information in this notice, your comments to: Public Information 100 8th Avenue, S.E., St. Petersburg, FL, consult the person listed under FOR and Records Integrity Branch (PIRIB), (727) 896–8626 ext. 2010 FURTHER INFORMATION CONTACT. Information Resources and Services FOR FURTHER INFORMATION CONTACT: Division (7502C), Office of Pesticide Gloria D. Car, Designated Federal B. How Can I Get Additional Programs (OPP), Environmental Officer, Gulf of Mexico Program Office, Information, Including Copies of this Protection Agency, Rm. 119, Crystal Document and Other Related Building 1103, Room 202, Stennis Space Mall #2, 1921 Jefferson Davis Hwy., Documents? Center, MS 39529–6000 at (228) 688– Arlington, VA. The PIRIB is open from 2421. 1. Electronically. You may obtain 8:30 a.m. to 4 p.m., Monday through electronic copies of this document, and SUPPLEMENTARY INFORMATION: Proposed Friday, excluding legal holidays. The agenda is attached. certain other related documents that PIRIB telephone number is (703) 305– The meeting is open to the public. might be available electronically, from 5805. the EPA Internet Home Page at http:// 3. Electronically. You may submit Dated: May 11, 2001. www.epa.gov/. To access this your comments electronically by e-mail Gloria D. Car, document, on the Home Page select to: [email protected], or you can Designated Federal Officer. ‘‘Laws and Regulations’’ and then look submit a computer disk as described [FR Doc. 01–12897 Filed 5–22–01; 8:45 am] up the entry for this document under above. Do not submit any information BILLING CODE 6560–50–P theFederal Register—Environmental electronically that you consider to be Documents.’’ You can also go directly to CBI. Avoid the use of special characters the Federal Register listings at http:// and any form of encryption. Electronic ENVIRONMENTAL PROTECTION www.epa.gov/fedrgstr/. submissions will be accepted in AGENCY 2. In person. The Agency has WordPerfect 6.1/8.0 or ASCII file established an official record for this format. All comments in electronic form [OPP–66287; FRL–6784–3] action under docket control number must be identified by docket control Benomyl; Receipt of Request for OPP–66287. The official record consists number OPP–66287. Electronic Registration Cancellations of the documents specifically referenced comments may also be filed online at in this action, any public comments many Federal Depository Libraries. AGENCY: Environmental Protection received during an applicable comment Agency (EPA). period, and other information related to D. How Should I Handle CBI that I Want to Submit to the Agency? ACTION: Notice. this action, including any information claimed as Confidential Business Do not submit any information SUMMARY: In accordance with section Information (CBI). This official record electronically that you consider to be 6(f)(1) of the Federal Insecticide, includes the documents that are CBI. You may claim information that Fungicide, and Rodenticide Act physically located in the docket, as well you submit to EPA in response to this (FIFRA), as amended, EPA is issuing a as the documents that are referenced in document as CBI by marking any part or
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all of that information as CBI. name, date, and Federal Register effective date of cancellation be moved Information so marked will not be citation. from December 31, 2001, to May 1, disclosed except in accordance with 2001. Under 6(f)(1(C), a registrant can II. What Action is the Agency Taking procedures set forth in 40 CFR part 2. waive the 180–day comment period for In addition to one complete version of This notice announces receipt by the minor uses, however 6(f)(1)(B) requires the comment that includes any Agency of request from E.I. duPont de that the Agency provide for a 30–day information claimed as CBI, a copy of Nemours and Company to cancel eight comment period before acting on any the comment that does not contain the pesticide products registered under 6(f) request. Therefore, EPA notes that it information claimed as CBI must be sections 3 and 24(c) of FIFRA. These cannot grant a cancellation request until submitted for inclusion in the public registrations are listed in Table 1. the requisite public comment period version of the official record. A. Background Information expires and EPA has considered all Information not marked confidential public comments received. will be included in the public version Benomyl is a benzimidazole of the official record without prior carbamate and systemic foliar fungicide B. Requests for Voluntary Cancellation notice. If you have any questions about registered for use on almonds, apples, CBI or the procedures for claiming CBI, anise, apricots, asparagus, avocado, Under section 6(f)(1)(A) of FIFRA, please consult the person listed under banana, barley, bean vine, blueberries, registrants may request, at any time, that FOR FURTHER INFORMATION CONTACT. brassica (broccoli, Brussels sprouts, their pesticide registrations be canceled cabbage, chicory, chinese cabbage, or amended to terminate one or more E. What Should I Consider as I Prepare pesticide uses. Section 6(f)(1)(B) of My Comments for EPA? cauliflower, collards, kale, kohlrabi, mustard greens, rutabagas, and turnips), FIFRA requires that before acting on a You may find the following caneberries (dewberries, blackberries, request for voluntary cancellation, EPA suggestions helpful for preparing your boysenberries, loganberries, and must provide a 30–day public comment comments: raspberries), cardoon, carrots, celery, period on the request for voluntary 1. Explain your views as clearly as cherries, citrus, conifers, corn, cucurbits cancellation. In addition, section possible. (cucumber, melons, pumpkins, and 6(f)(1)(C) of FIFRA requires that EPA 2. Describe any assumptions that you squash), currants, dandelions, dill, figs, provide a 180–day comment period on used. grapes, macadamia nuts, mangoes, a request for voluntary termination of 3. Provide copies of any technical mushrooms, nectarines, onions, oats, any minor agricultural use before information and/or data you used that papayas, peaches, peanuts, pears, peas, granting the request, unless (1) the support your views. registrants request a waiver of the 4. If you estimate potential burden or pecans, peppers, pineapple, pistachio, comment period, or (2) the costs, explain how you arrived at the plums, prunes, rape, rice, rye, soybeans, Administrator determines that estimate that you provide. spinach, strawberry, sugar beets, 5. Provide specific examples to tomatoes, wheat, and yams. continued use of the pesticide would illustrate your concerns. Dupont met with the Agency on April pose an unreasonable adverse effect on 6. Offer alternative ways to improve 18, 2001, and requested a voluntary the environment. The registrant has the notice or collection activity. cancellation of all their registrations for requested that EPA waive the 180–day 7. Make sure to submit your products containing benomyl, to be comment period. EPA is granting the comments by the deadline in this effective December 31, 2001. Dupont registrants’ request to waive the 180– notice. stated that this decision was based on day comment period. EPA anticipates 8. To ensure proper receipt by EPA, business reasons. They submitted this granting the cancellation request shortly be sure to identify the docket control request in writing in a letter dated April after the end of the 30–day comment number assigned to this action in the 18, 2001. period for this notice. The registrations subject line on the first page of your On May 1, 2001, Dupont submitted a for which cancellations were requested response. You may also provide the second letter requesting that the are identified in the following table.
TABLE 1.—REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION
Company Reg. No Product
E.I. duPont deNemours and Company 352–354 Dupont Benlate Fungicide 352–377 Benomyl Technical 352–385 Dupont Benlate OD Fungicide 352–564 Dupont Benlate SP Fungicide
Additionally, cancellation is requested for the following DuPont Special Local Need (SLN) Registrations:
TABLE 2.—SLN REGISTRATIONS WITH PENDING REQUESTS FOR CANCELLATION
SLN Number Crop Reg. No Product
AZ–930015 Onions 352–354 Dupont Benlate Fungicide VT–770005 Apples 352–354 Dupont Benlate Fungicide WA–000009 Asparagus Crowns 352–564 Dupont Benlate SP Fungicide WA–770040 Asparagus Crowns 352–354 Dupont Benlate Fungicide
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III. What is the Agency’s Authority for they are exhausted, provided that such Insecticide, Fungicide, and Rodenticide Taking this Action? further sale and use comply with the Act (FIFRA) and the Federal Food, Drug, Section 6(f)(1) of FIFRA provides that EPA-approved label and labeling of the and Cosmetic Act (FFDCA), including a registrant of a pesticide product may affected product. Exception to these information that may have been claimed at any time request that any of its general rules will be made in specific as Confidential Business Information pesticide registrations be canceled. cases when more stringent restrictions (CBI) by the summiteer, will be FIFRA section 6(f)(1) further provides on sale, distribution, or use of the transferred to Eastern Research Group, that, before acting on the request, EPA products or their ingredients have Inc. in accordance with 40 CFR must publish a notice of receipt of any already been imposed, as in a Special 2.307(h)(3) and 2.308(i)(2). Eastern such request in the Federal Register, Review action, or where the Agency has Research Group, Inc. has been awarded make reasonable efforts to inform identified significant potential risk a contract to perform work for OPP, and persons who rely on the pesticide for concerns associated with a particular access to this information will enable minor agricultural uses, and provide a chemical. Eastern Research Group, Inc. to fulfill Dupont stated in their April 18, 2001 30–day period in which the public may the obligations of the contract. letter, that it would not sell or distribute comment. Thereafter, the Administrator DATES: Eastern Research Group, Inc. will any of the canceled products following may approve such a request. be given access to this information on or the date of cancellation and requested before May 29, 2001. IV. Procedures for Withdrawal of that EPA permit sale of existing stocks FOR FURTHER INFORMATION CONTACT: By Request of products in the channels of trade mail: Erik R. Johnson, FIFRA Security Registrants who choose to withdraw a until December 31, 2002, as permitted Officer, Information Resources and request for cancellation must submit under FIFRA section 6(a)(1). In their Services Division (7502C), Office of such withdrawal in writing to the May 1, 2001 letter, Dupont proposed Pesticide Programs, Environmental person listed under FOR FURTHER that they be permitted to sell and Protection Agency, 1200 Pennsylvania INFORMATION CONTACT. This written distribute stocks of canceled products Ave., NW., Washington, DC 20460; withdrawal of the request for until June 30, 2001. Dupont did not telephone number: (703) 305–7248; e- cancellation will apply only to the request a change in date of December mail address: [email protected]. 31, 2002, for existing stocks of products applicable FIFRA section 6(f)(1) request SUPPLEMENTARY INFORMATION: listed in this notice. If the product(s) in the channels of trade. EPA anticipates have been subject to a previous granting these requests. I. General Information cancellation action, the effective date of VI. Future Tolerance Revocations. A. Does this Action Apply to Me? cancellation and all other provisions of EPA anticipates drafting a future This action applies to the public in any earlier cancellation action are Federal Register notice proposing general. As such, the Agency has not controlling. The withdrawal request revocation of tolerances on commodities attempted to describe all the specific must also include a commitment to pay on which there has been no registered entities that may be affected by this any reregistration fees due, and to fulfill uses of benomyl. With this notice, EPA action. If you have any questions any applicable unsatisfied data seeks comment as to whether any regarding the applicability of this action requirements. individuals or groups want to support to a particular entity, consult the person V. Provisions for Disposition of Existing continuation of these tolerances. listed under FOR FURTHER INFORMATION CONTACT. Stocks List of Subjects The effective date of cancellation will Environmental protection, Pesticides B. How Can I Get Additional be the date of the cancellation order. and pests. Information, Including Copies of this The orders effecting these requested Document and Other Related cancellations will generally permit a Dated: May 10, 2001. Documents? registrant to sell or distribute existing Jack E. Housenger, You may obtain electronic copies of stocks for 1–year after the date the Acting Director, Special Review and this document, and certain other related cancellation request was received. This Reregistration Division, Office of Pesticide documents that might be available policy is in accordance with the Programs. electronically, from the EPA Internet Agency’s statement of policy as Home Page at http://www.epa.gov/. To prescribed in the Federal Register of access this document, on the Home Page June 26, 1991 (56 FR 29362) (FRL– [FR Doc. 01–12905 Filed 5–22–01; 8:45 am] BILLING CODE 6560–50–S select ‘‘Laws and Regulations,’’ 3846–4). Exceptions to this general rule ‘‘Regulations and Proposed Rules,’’ and will be made if a product poses a risk then look up the entry for this document concern, or is in noncompliance with ENVIRONMENTAL PROTECTION under the ‘‘Federal Register— reregistration requirements, or is subject AGENCY Environmental Documents.’’ You can to a Data Call-In. In all cases, product- also go directly to the Federal Register specific disposition dates will be given [OPP–100170; FRL–6782–4] listings at http://www.epa.gov/fedrgstr/. in the cancellation orders. Existing stocks are those stocks of Eastern Research Group, Inc.; Transfer II. Contractor Requirements registered pesticide products which are of Data Under contract number GS–10F– currently in the United States and AGENCY: Environmental Protection 0036F, the contractor will perform the which have been packaged, labeled, and Agency (EPA). following: released for shipment prior to the ACTION: Notice. The contractor shall revise the draft effective date of the cancellation action. Pesticide Fate Database that was Unless the provisions of an earlier order SUMMARY: This notice announces that prepared under a previous contract. apply, existing stocks already in the pesticide-related information submitted Revisions may include changes in the hands of dealers or users can be to EPA’s Office of Pesticide Programs database relational structure and format distributed, sold, or used legally until (OPP) pursuant to the Federal for the Fish Accumulation and the Field
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Dissipation studies. The Agency shall ENVIRONMENTAL PROTECTION agricultural advocates; pesticide users; review the draft database and indicate AGENCY and members of the public interested in changes and corrections that must be [OPP–34226A; FRL–6775–9] the use of pesticides. Since other made. The contractor shall incorporate entities may also be interested, the the changes into the final version. Availability of Reregistration Eligibility Agency has not attempted to describe all This contract involves no Decision Document for Comment the specific entities that may be affected subcontractors. by this action. If you have any questions AGENCY: Environmental Protection OPP has determined that the contract regarding the applicability of this action Agency (EPA). to a particular entity, consult the person described in this document involves ACTION: Notice. work that is being conducted in listed under FOR FURTHER INFORMATION CONTACT connection with FIFRA, in that SUMMARY: This notice announces . pesticide chemicals will be the subject availability and starts a 60–day public B. How Can I Get Additional of certain evaluations to be made under comment period on the Reregistration Information, Including Copies of this this contract. These evaluations may be Eligibility Decision document (RED) for Document and Other Related used in subsequent regulatory decisions the pesticide active ingredient triallate. Documents? under FIFRA. The RED represents EPA’s formal Some of this information may be regulatory assessment of the health and 1. Electronically. You may obtain entitled to confidential treatment. The environmental data base of the subject electronic copies of this document, and information has been submitted to EPA chemical and presents the Agency’s certain other related documents that under sections 3, 4, 6, and 7 of FIFRA determination regarding which might be available electronically, from and under sections 408 and 409 of pesticidal uses are eligible for the EPA Internet Home Page at http:// FFDCA. reregistration. www.epa.gov/. To access this In accordance with the requirements DATES: Comments, identified by docket document, on the Home Page select of 40 CFR 2.307(h)(3), the contract with control number OPP–34226A, must be ‘‘Laws and Regulations,’’ ‘‘Regulations Eastern Research Group, Inc., prohibits received on or before May 20, 2001 in and Proposed Rules,’’ and then look up use of the information for any purpose the Federal Register. the entry for this document under the not specified in the contract; prohibits ADDRESSES: Comments may be ‘‘Federal Register--Environmental disclosure of the information to a third submitted by mail, electronically, or in Documents.’’ You can also go directly to party without prior written approval person. Please follow the detailed the Federal Register listings at http:// from the Agency; and requires that each instructions for each method as www.epa.gov/fedrgstr/. official and employee of the contractor provided in Unit I.C. of the To access RED documents and RED sign an agreement to protect the SUPPLEMENTARY INFORMATION. To ensure fact sheets electronically, go directly to information from unauthorized release proper receipt by EPA, it is imperative the reregistration pesticide information that you identify docket control number and to handle it in accordance with the table on the EPA Office of Pesticide OPP–34226A in the subject line on the FIFRA Information Security Manual. In Programs Home Page, at http:// addition, Eastern Research Group, Inc. first page of your response. www.epa.gov/pesticides/reregistration/ is required to submit for EPA approval FOR FURTHER INFORMATION CONTACT: By status.htm. For related information, see a security plan under which any CBI mail: Carol Stangel, Special Review and http://www.epa.gov/pesticides. will be secured and protected against Reregistration Division (7508C), Office unauthorized release or compromise. No of Pesticide Programs, Environmental 2. In person. The Agency has information will be provided to Eastern Protection Agency, 1200 Pennsylvania established an official record for this Research Group, Inc. until the Ave., NW., Washington, DC 20460; action under docket control number requirements in this document have telephone number: (703) 308–8007; and OPP–34226A. The official record been fully satisfied. Records of e-mail address: [email protected]. consists of the document specifically information provided to Eastern For technical questions on this RED, referenced in this action, and other Research Group, Inc. will be maintained contact: Michael Goodis, Special information related to this action, by EPA Project Officers for the contract. Review and Reregistration Division including any information claimed as All information supplied to Eastern (7508C), Office of Pesticide Programs, Confidential Business Information (CBI). Research Group, Inc. by EPA for use in Environmental Protection Agency, 1200 This official record includes the connection with the contract will be Pennsylvania Ave., NW., Washington, documents that are physically located in returned to EPA when Eastern Research DC 20460; telephone number: (703) the docket, as well as the documents Group, Inc. has completed its work. 308–8007; and e-mail address: that are referenced in those documents. [email protected]. List of Subjects The public version of the official record SUPPLEMENTARY INFORMATION: does not include any information Environmental protection, Business claimed as CBI. The public version of I. General Information and industry, Government contracts, the official record, which includes Government property, Security A. Does this Action Apply to Me? printed, paper versions of any electronic measures. This action is directed to the public comments submitted during an applicable comment period is available Dated: May 7, 2001. in general. This action may, however, be of interest to persons who are or may be for inspection in the Public Information Joanne Martin, required to conduct testing of chemical and Records Integrity Branch (PIRIB), Acting Director, Information Resources and substances under the Federal Rm. 119, Crystal Mall #2, 1921 Jefferson Services Division, Office of Pesticide Davis Hwy., Arlington, VA, from 8:30 Programs. Insecticide, Fungicide, and Rodenticide Act (FIFRA) or the Federal Food, Drug, a.m. to 4 p.m., Monday through Friday, [FR Doc. 01–12968 Filed 5–22–01; 8:45 am] and Cosmetic Act (FFDCA); excluding legal holidays. The PIRIB BILLING CODE 6560–50–S environmental, human health, and telephone number is (703) 305–5805.
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C. How and to Whom Do I Submit CBI or the procedures for claiming CBI, reregistered until those other active Comments? please consult the person identified ingredients are determined to be eligible You may submit comments through under FOR FURTHER INFORMATION for reregistration. the mail, in person, or electronically. To CONTACT. The reregistration program is being ensure proper receipt by EPA, it is E. What Should I Consider as I Prepare conducted under Congressionally- imperative that you identify docket My Comments for EPA? mandated time frames, and EPA control number OPP–34226A in the recognizes both the need to make timely You may find the following subject line on the first page of your reregistration decisions and to involve suggestions helpful for preparing your response. the public. Therefore, EPA is issuing comments: 1. By mail. Submit your comments to: this RED as a final document with a 60– 1. Explain your views as clearly as Public Information and Records day comment period. Although the 60– possible. Integrity Branch (PIRIB), Information day public comment period does not 2. Describe any assumptions that you Resources and Services Division affect the registrant’s response due date, used. (7502C), Office of Pesticide Programs it is intended to provide an opportunity 3. Provide copies of any technical (OPP), Environmental Protection for public input and a mechanism for information and/or data you used that Agency, 1200 Pennsylvania Ave., NW., initiating any necessary amendments to support your views. Washington, DC 20460. the RED. All comments will be carefully 4. If you estimate potential burden or 2. In person or by courier. Deliver considered by the Agency. If any costs, explain how you arrived at the your comments to: Public Information comment significantly affects a RED, estimate that you provide. and Records Integrity Branch (PIRIB), EPA will amend the RED by publishing 5. Provide specific examples to Information Resources and Services the amendment in the Federal Register. illustrate your concerns. Division (7502C), Office of Pesticide 6. Offer alternative ways to improve B. What is the Agency’s Authority for Programs (OPP), Environmental the notice or collection activity. Taking this Action? Protection Agency, Rm. 119, Crystal 7. Make sure to submit your Mall #2, 1921 Jefferson Davis Highway, The legal authority for this RED falls comments by the deadline in this Arlington, VA. The PIRIB is open from under FIFRA, as amended in 1988 and document. 8:30 a.m. to 4 p.m., Monday through 1996. Section 4(g)(2)(A) of FIFRA 8. To ensure proper receipt by EPA, Friday, excluding legal holidays. The directs that, after submission of all data be sure to identify the docket control PIRIB telephone number is (703) 305– concerning a pesticide active ingredient, number assigned to this action in the 5805. ‘‘the Administrator shall determine subject line on the first page of your 3. Electronically. You may submit whether pesticides containing such response. You may also provide the your comments electronically by e-mail active ingredient are eligible for name, date, and Federal Register to: [email protected], or you can reregistration,’’ before calling in citation. submit a computer disk as described product-specific data on individual end- above. Do not submit any information II. Background use products, and either reregistering electronically that you consider to be products or taking ‘‘other appropriate A. What Action is the Agency Taking? CBI. Avoid the use of special characters regulatory action.’’ and any form of encryption. Electronic The Agency has issued a RED for the List of Subjects submissions will be accepted in pesticide active ingredient listed in this WordPerfect 6.1/8.0/9.0 or ASCII file document. Under the Federal Environmental protection, Pesticides. Insecticide, Fungicide, and Rodenticide format. All comments in electronic form Dated: May 4, 2001. must be identified by docket control Act (FIFRA), as amended in 1988, EPA Lois Rossi, number OPP–34226A. Electronic is conducting an accelerated comments may also be filed online at reregistration program to reevaluate Director, Special Review and Reregistration Division, Office of Pesticide Programs. many Federal Depository Libraries. existing pesticides to make sure they meet current scientific and regulatory [FR Doc. 01–12903 Filed 5–22–01; 8:45 am] D. How Should I Handle CBI That I standards. The data base to support the BILLING CODE 6560–50–S Want to Submit to the Agency? reregistration of the chemical included Do not submit any information in this document is substantially electronically that you consider to be complete, and the pesticide’s risks have ENVIRONMENTAL PROTECTION CBI. You may claim information that been mitigated so that it will not pose AGENCY you submit to EPA in response to this unreasonable risks to people or the document as CBI by marking any part or environment when used according to its [PF–1020; FRL–6780–7] all of that information as CBI. approved labeling. In addition, EPA is Information so marked will not be reevaluating existing pesticides and Notice of Filing a Pesticide Petition to disclosed except in accordance with reassessing tolerances under the Food Establish a Tolerance for a Certain procedures set forth in 40 CFR part 2. Quality Protection Act (FQPA) of 1996. Pesticide Chemical in or on Food In addition to one complete version of The pesticide included in this notice the comment that includes any also has been found to meet the FQPA AGENCY: Environmental Protection information claimed as CBI, a copy of safety standard. Agency (EPA). the comment that does not contain the All registrants of pesticide products ACTION: Notice. information claimed as CBI must be containing the active ingredient triallate submitted for inclusion in the public have been sent the appropriate RED, and SUMMARY: This notice announces the version of the official record. must respond to labeling requirements initial filing of a pesticide petition Information not marked confidential and product-specific data requirements proposing the establishment of will be included in the public version (if applicable) within 8 months of regulations for residues of a certain of the official record without prior receipt. Products also containing other pesticide chemical in or on various food notice. If you have any questions about pesticide active ingredients will not be commodities.
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DATES: Comments, identified by docket www.epa.gov/. To access this 3. Electronically. You may submit control number PF–1020, must be document, on the Home Page select your comments electronically by e-mail received on or before June 22, 2001. ‘‘Laws and Regulations,’’ ‘‘Regulation to: [email protected], or you can ADDRESSES: Comments may be and Proposed Rules,’’ and then look up submit a computer disk as described submitted by mail, electronically, or in the entry for this document under the above. Do not submit any information person. Please follow the detailed ‘‘Federal Register—Environmental electronically that you consider to be instructions for each method as Documents.’’ You can also go directly to CBI. Avoid the use of special characters provided in Unit I.C. of the the Federal Register listings at http:// and any form of encryption. Electronic SUPPLEMENTARY INFORMATION. To ensure www.epa.gov/fedrgstr/. submissions will be accepted in proper receipt by EPA, it is imperative 2. In person. The Agency has Wordperfect 6.1/8.0 or ASCII file that you identify docket control number established an official record for this format. All comments in electronic form PF–1020 in the subject line on the first action under docket control number PF– must be identified by docket control page of your response. 1020. The official record consists of the number PF–1020. Electronic comments FOR FURTHER INFORMATION CONTACT: By documents specifically referenced in may also be filed online at many Federal mail: Cynthia Giles-Parker, Fungicide this action, any public comments Depository Libraries. Branch, Registration Division (7505C), received during an applicable comment D. How Should I Handle CBI That I Office of Pesticide Programs, period, and other information related to Want to Submit to the Agency? Environmental Protection Agency, 1200 this action, including any information Pennsylvania Ave., NW., Washington, claimed as confidential business Do not submit any information DC 20460; telephone number: (703) information (CBI). This official record electronically that you consider to be 305–7740; e-mail address: giles- includes the documents that are CBI. You may claim information that [email protected]. physically located in the docket, as well you submit to EPA in response to this as the documents that are referenced in document as CBI by marking any part or SUPPLEMENTARY INFORMATION: those documents. The public version of all of that information as CBI. I. General Information the official record does not include any Information so marked will not be disclosed except in accordance with A. Does this Action Apply to Me? information claimed as CBI. The public version of the official record, which procedures set forth in 40 CFR part 2. You may be affected by this action if includes printed, paper versions of any In addition to one complete version of you are an agricultural producer, food electronic comments submitted during the comment that includes any manufacturer or pesticide manufacturer. an applicable comment period, is information claimed as CBI, a copy of Potentially affected categories and available for inspection in the Public the comment that does not contain the entities may include, but are not limited Information and Records Integrity information claimed as CBI must be to: Branch (PIRIB), Rm. 119, Crystal Mall submitted for inclusion in the public #2, 1921 Jefferson Davis Highway, version of the official record. Examples of po- Information not marked confidential Categories NAICS tentially affected Arlington, VA, from 8:30 a.m. to 4 p.m., codes entities Monday through Friday, excluding legal will be included in the public version holidays. The PIRIB telephone number of the official record without prior Industry 111 Crop production is (703) 305–5805. notice. If you have any questions about 112 Animal production CBI or the procedures for claiming CBI, 311 Food manufac- C. How and to Whom Do I Submit please consult the person identified turing Comments? under FOR FURTHER INFORMATION 32532 Pesticide manu- CONTACT. facturing You may submit comments through the mail, in person, or electronically. To E. What Should I Consider as I Prepare This listing is not intended to be ensure proper receipt by EPA, it is My Comments for EPA? exhaustive, but rather provides a guide imperative that you identify docket for readers regarding entities likely to be control number PF–1020 in the subject You may find the following affected by this action. Other types of line on the first page of your response. suggestions helpful for preparing your entities not listed in the table could also 1. By mail. Submit your comments to: comments: be affected. The North American Public Information and Records 1. Explain your views as clearly as Industrial Classification System Integrity Branch (PIRIB), Information possible. (NAICS) codes have been provided to Resources and Services Division 2. Describe any assumptions that you assist you and others in determining (7502C), Office of Pesticide Programs used. whether or not this action might apply (OPP), Environmental Protection 3. Provide copies of any technical to certain entities. If you have questions Agency, 1200 Pennsylvania Ave., NW., information and/or data you used that regarding the applicability of this action Washington, DC 20460. support your views. to a particular entity, consult the person 2. In person or by courier. Deliver 4. If you estimate potential burden or listed under FOR FURTHER INFORMATION your comments to: Public Information costs, explain how you arrived at the CONTACT. and Records Integrity Branch (PIRIB), estimate that you provide. Information Resources and Services 5. Provide specific examples to B. How Can I Get Additional Division (7502C), Office of Pesticide illustrate your concerns. Information, Including Copies of this Programs (OPP), Environmental 6. Make sure to submit your Document and Other Related Protection Agency, Rm. 119, Crystal comments by the deadline in this Documents? Mall #2, 1921 Jefferson Davis Highway, notice. 1. Electronically. You may obtain Arlington, VA. The PIRIB is open from 7. To ensure proper receipt by EPA, electronic copies of this document, and 8:30 a.m. to 4 p.m., Monday through be sure to identify the docket control certain other related documents that Friday, excluding legal holidays. The number assigned to this action in the might be available electronically, from PIRIB telephone number is (703) 305– subject line on the first page of your the EPA Internet Home Page at http:// 5805. response. You may also provide the
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name, date, and Federal Register compound in or on the raw agricultural 3. Magnitude of residues. Field trials citation. commodities almond hulls at 1.6 ppm, were carried out in order to determine banana at 0.04 parts per million (ppm), II. What Action is the Agency Taking? the magnitude of the residue in the barley (grain) at 0.4 ppm, barley (hay) at following crops: almond, banana, EPA has received a pesticide petition 25 ppm, barley (straw) at 6.0 ppm, barley, carrot, citrus, cucurbits (crop as follows proposing the establishment berries (crop group) at 1.0 ppm, bulb group), peas (dry, field), grape, grass and/or amendment of regulations for vegetables (crop group) at 0.7 ppm, grown for seed, lentil, onions (dry bulb residues of a certain pesticide chemical citrus fruits (crop group) at 0.7 ppm, and green), peanut, pecan, peppers (bell in or on various food commodities cucurbits (crop group) at 0.5 ppm, and chili), pistachio, potato, radish, under section 408 of the Federal Food, fruiting vegetables (crop group) at 1.0 berries (crop group), rye, stone fruits, Drug, and Cosmetic Act (FFDCA), 21 ppm, grape at 2.0 ppm, grass seed (seed strawberry, sugar beet, tomato and U.S.C. 346a. EPA has determined that screenings) at 27 ppm, grass seed (straw) wheat. The residue trials in bananas this petition contains data or at 14.0 ppm, grass seed (forage) at 10.0 were carried out in Latin America. Field information regarding the elements set ppm, grass seed (hay) at 4.5 ppm, lentil trials for the rest of the crops were forth in section 408(d)(2); however, EPA at 0.5 ppm, orange oil at 4.2 ppm, has not fully evaluated the sufficiency orange pulp (dry) at 6.3 ppm, peanut at conducted in the United States and of the submitted data at this time or 0.05 ppm, peanut oil at 0.1 ppm, pea Canada. Field trials were carried out whether the data support granting of the (dry, seed ) at 0.4 ppm, radish tops at using the maximum label rate, the petition. Additional data may be needed 16.0 ppm, raisin at 6.0 ppm, root maximum number of applications, and before EPA rules on the petition. vegetables (crop subgroup 1-B) at 0.4 the minimum preharvest interval for each crop or crop group. In addition, List of Subjects ppm, rye (grain) at 0.04 ppm, rye (straw) at 0.5 ppm), stone fruits (crop group) at processing studies were conducted on Environmental protection, 0.7 ppm, strawberry at 0.4 ppm, sugar the following crops to determine Agricultural commodities, Feed beet (dry pulp) at 1.6 ppm, sugar beet concentration factors during normal additives, Food additives, Pesticides (root) at 0.2 ppm, sugar beet (top) at 8.0 processing of the raw agricultural and pests, Reporting and recordkeeping ppm, tomato paste at 2.0 ppm, tree nuts commodity into the processed requirements. (crop group) at 0.04 ppm, tuberous and commodities: citrus, grape, peanut, corm vegetables (crop subgroup 1-C) at Dated: May 3, 2001. potato, stone fruits, sugar beet, tomato, 0.04 ppm, wheat (grain) at 0.2 ppm, and wheat. Magnitude of the residue James Jones, wheat (hay) at 6.0 ppm, wheat (straw) at trials were also carried out in cow and Director, Registration Division, Office of 6.0 ppm, cattle (fat) at 0.1 ppm, cattle poultry. Pesticide Programs. (kidney) at 0.1 ppm, cattle (liver) at 0.6 B. Toxicological Profile Summary of Petition ppm, cattle (milk) at 0.03 ppm, cattle (muscle) at 0.1 ppm, poultry (egg) at 0.1 1. Acute toxicity. Based on available The petitioner summary of the ppm, poultry (muscle) at 0.1 ppm, acute toxicity data BAS 500 F and its pesticide petition is printed below as poultry (liver) at 0.1 ppm, poultry (fat) formulated products do not pose acute required by section 408(d)(3) of the at 0.1 ppm. EPA has determined that the FFDCA. The summary of the petition petition contains data or information toxicity risks. The acute toxicity studies was prepared by the petitioner and regarding the elements set forth in place technical BAS 500 F in toxicity represents the view of the petitioners. section 408(d)(2) of the FFDCA; category IV for acute oral, category III EPA is publishing the petition summary however, EPA has not fully evaluated for acute dermal, and category II for verbatim without editing it in any way. the sufficency of the submitted data at acute inhalation. BAS 500 F is category The petition summary announces the this time or whether the data support III for both eye and skin irritation and availability of a description of the granting of the petition. Additional data is not a dermal sensitizer. Two analytical methods available to EPA for may be needed before EPA rules on the formulated end use products are the detection and measurement of the petition. proposed, an Emulsifiable Concentrate pesticide chemical residues or an (EC) and an Extruded Granule (EG). The A. Residue Chemistry explanation of why no such method is EC has an acute oral toxicity category of needed. 1. Plant and animal metabolism. II, acute dermal of III, acute inhalation BASF Corporation, Agricultural Nature of the residue studies (OPPTS of IV, eye and skin irritation categories Products 860.1300) were conducted in grape, of III, and is not a dermal sensitizer. The potato and wheat as representative WG has acute oral and dermal toxicity PP 0F6139 crops in order to characterize the fate of categories of III, acute inhalation of IV, EPA has received pesticide petition BAS 500 F in all crop matrices. BAS 500 eye irritation of III, skin irritation of IV, number 0F6139 from BASF Corporation, F demonstrated a similar pathway and and is not a dermal sensitizer. Agricultural Products, P.O. Box 13528, fate in all three crops. In all three crops Research Triangle Park, NC 27709–3528 the BAS 500 F residues of concern were TABLE 1.—ACUTE TOXICITY OF proposing, pursuant to section 408(d) of characterized as parent (BAS 500 F) and TECHNICAL BAS 500 F the Federal Food, Drug, and Cosmetic BAS 500–3. Act (FFDCA), 21 U.S.C. 346a(d), to 2. Analytical method. In plants the Tox- icity amend 40 CFR part 180 by establishing method of analysis is aqueous organic Study tolerances for combined residues of BAS solvent extraction, column clean up and Species Results Cat- Type ego- 500 F or pyraclostrobin (methyl-N-(((1- quantitation by LC/MS/MS. In animals ry (4-chlorophenyl)pyrazol-3-yl)oxy, o- the method of analysis involves base
tolyl)N-methoxycarbamate) and its hydrolysis, organic extraction, column Oral LD50 Rat LD50*> IV metabolite BF 500-3 (methyl-N-(((1-(4- clean up and quantitation by LC/MS/MS 5,000 mg/ chlorophenyl pyrazol-3-yl)oxy)o- or derivatization (methylation) followed kg bwt tolyl)carbamate); expressed as parent by quantitation by GC/MS.
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TABLE 1.—ACUTE TOXICITY OF TABLE 2.—ACUTE TOXICITY OF FOR- TABLE 3.—ACUTE TOXICITY OF FOR- TECHNICAL BAS 500 F—Continued MULATED END-USE PRODUCT, BAS MULATED END-USE PRODUCT, 500 00F (HEADLINE EC FUNGICIDE) BAS500 02F (CABRIO EG AND IN- Tox- SIGNIA FUNGICIDES)—Continued Study icity Tox- Type Species Results Cat- Spe- icity ego- Study Type cies Results Cat- Study Toxicity ry Species Results Cat- egory Type egory > Dermal Rat LD50 III Oral LD50 Rat LD50 > 500 II Dermal Rat LD50 > III LD50 2,000 mg/ mg/kg LD 2,000 mg/ kg bwt bwt 50 kg bwt (males); Inhalation Rat 0.31 < II 260 mg/ < Inhalation Rat LC50 = 4.7 IV LC50 LC50** kg (200– LC mg/L 1.07 mg/L 500 mg/ 50 kg) bwt Eye irrita- Rabbit Slight irrita- III Eye irrita- Rabbit Slight irrita- III (fe- tion tion tion tion males)
Skin irri- Rabbit Moderate ir- III Dermal Rat LD > III Skin irrita- Rabbit Slight irrita- IV 50 tion tion tation ritation LD50 4,000 mg/kg Skin sen- Guinea Non-sensi- bwt Skin sen- Guinea Non-sensi- sitiza- pig tizing sitiza- pig tizing tion tion Inhalation Rat LC50 = IV LC50 3.51 mg/ Acute Rat No neuro- L 2. Genotoxicity. Ames Test (one oral toxic ef- study; point mutation): Negative; in Eye irrita- Rabbit Moderate III neurot- fects at vitro CHO/HGPRT Locus Mammalian oxicity doses up tion irritation (0, 100, to 1,000 Cell Mutation Assay (one study; point 300, mg/kg Skin irrita- Rabbit Moderate III mutation): Negative; in vitro V79 Cells and tion irritation CHO Cytogenetic Assay (one study; 1,000 chromosome damage): Negative; in vivo mg/kg Skin sen- Guinea Non-sensi- Mouse Micronucleus (one study; sitization pig tizing bwt) chromosome damage): Negative; in vitro *Lethal Dose 50% Rat Hepatocyte (one study; DNA damage **Lethal Concentration 50% TABLE 3.—ACUTE TOXICITY OF FOR- and repair): Negative. MULATED END-USE PRODUCT, BAS 500 F has been tested in a total BAS500 02F (CABRIO EG AND IN- of five genetic toxicology assays SIGNIA FUNGICIDES) consisting of in vitro and in vivo studies. It can be stated that BAS 500 F did not Study Toxicity show any mutagenic, clastogenic or Species Results Cat- other genotoxic activity when tested Type egory under the conditions of the studies
Oral LD50 Rat LD50 > III mentioned above. Therefore, BAS 500 F 2,000 mg/ does not pose a genotoxic hazard to kg bwt humans.
TABLE 4.—SUMMARY OF GENOTOXICITY STUDIES ON BAS 500 F
Concentration Study Test Organism Range Results
Gene mutation: Ames reverse muta- S. typhimurium strains TA 20 to 5,000 µg per Negative with and without metabolic activation tion assay 1535, TA 100, TA 1537 plate and TA 98; E. Coli strain WP2 uvrA; with and with- out metabolic activation.
Gene mutation: in vitro Chinese Ham- HGPRT locus of Chinese 0.625 to 20 µg/mL* Negative with and without activation ster Ovaryin vitro cell study Hamster Ovary cells, with (HGPRT locus) and without metabolic ac- tivation
Chromosomal aberration:in vitro Chinese hamster V79 cells, 0.005 to 25 µg/mL Negative with and without metabolic activation cytogenicity with and without metabolic activation
Unscheduled DNA synthesis:in vitro Primary hepatocytes from 0.004 to 1.0 µg/mL Negative assay with primary rat hepatocytes Wistar rats
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TABLE 4.—SUMMARY OF GENOTOXICITY STUDIES ON BAS 500 F—Continued
Concentration Study Test Organism Range Results
Cytogenetic study in vivo: NMRI mice 0, 75, 150 and 300 Negative mousemicronucleus test mg/kg bwt *micrograms per milliliter
3. Reproductive and developmental reduced organ weights were observed in developmental NOAEL was the highest toxicity. The reproductive and the thymus, spleen and brain of F2 dose tested of 50 mg/kg bwt. developmental toxicity of BAS 500 F pups, and a slight delay in vaginal In the rabbit teratology study, was investigated in a 2–generation rat opening time was observed in some F1 maternal toxicity observed at the mid reproduction study as well as in rat and female pups. Therefore, the parental and high doses consisted of decreased rabbit teratology studies. There were no systemic and developmental toxicity food consumption and body weight gain adverse effects on reproduction in the NOAELs are the same at 75 ppm (8.2 (severe at the high dose). An increased 2–generation study so the no observed mg/kg bwt). postimplantation loss was also observed adverse effect level (NOAEL) is the at the mid and high doses due to an highest dose tested of 300 parts per No teratogenic effects were noted in increase in early resorptions. In rabbits, million (ppm) (32.6 milligrams per either the rat or rabbit developmental these types of effects are often observed kilogram body weight per day (mg/kg studies. In the rat study, maternal with significant stress on the mothers bwt/day)). Parental toxicity in the form toxicity observed at the mid and high (as seen by the body weight gain of reduced body weight gain and pup dose consisted of decreased food decrease in this study) and not effects were observed at the highest dose consumption and body weight gain. indicative of frank developmental tested only. Pup effects consisted There were no treatment-related toxicity. The NOAEL for both maternal primarily of reduced body weight gain. developmental effects. The maternal and developmental toxicity was 5 mg/kg Most likely due to the small pup size, NOAEL was 10 mg/kg bwt and the bwt.
TABLE 5.—SUMMARY OF REPRODUCTIVE AND DEVELOPMENTAL STUDIES ON BAS 500 F
Study NOAEL LOAEL * Effects at LOAEL or Higher
Multigeneration rat reproduc- Reproductive function: 32.6 Reproductive function: No impairment of reproductive function at any of tion: 0, 25, 75, and 300 mg/kg bwt (300 ppm); sys- >32.6 mg/kg bwt (> the dose levels tested. 300 ppm: parental - re- ppm (0, 2.7, 8.2, and 32.6 temic toxicity: 8.2 mg/kg 300 ppm); systemic duced body weight and food consumption; pups mg/kg bwt) bwt (75 ppm); develop- toxicity: 32.6 mg/kg - reduced body weight during lactation with cor- mental toxicity: 8.2 mg/kg bwt (> 300 ppm); de- responding organ weight changes (F2) and bwt (75 ppm) velopmental toxicity: slightly delayed vaginal opening (F1 only) 32.6 mg/kg bwt (> 300 ppm)
Rat teratology: 0, 10, 25, and Maternal toxicity: 10 mg/kg Maternal toxicity: 25 mg/ No teratogenic effects. 25 mg/kg bwt: maternal ef- 50 mg/kg bwt bwt; developmental tox- kg bwt; developmental fects were decreased body weight gain and de- icity: 50 mg/kg bwt toxicity: > 50 mg/kg creased food consumption. 50 mg/kg bwt: ma- bwt ternal effects were a severe decrease in body weight gain, and reduced food consumption.
Rabbit teratology: 0, 5, 10, Maternal: 5 mg/kg bwt; de- Maternal: 10 mg/kg bwt; No teratogenic effects. 10 mg/kg bwt: maternal ef- and 20 mg/kg bwt velopmental toxicity: 5 mg/ developmental toxicity: fects were decreased body weight gain and kg bwt 10 mg/kg bwt food consumption, and decreased mean gravid uterus weight; developmental effects were in- creased post-implantation loss due to early re- sorptions, with subsequent decrease in mean live fetuses per rabbit. 20 mg/kg bwt: maternal effects were severely decreased body weight gain, decreased food consumption, and de- creased gravid uterus weight; developmental ef- fects were increased postimplantation loss due primarily to early resorptions. *Lowest observed adverse effect level
4. Subchronic toxicity. The levels in feeding studies, general rats only, a finding of liver cell subchronic toxicity of BAS 500 F was findings in all three species were hypertrophy was indicative of a investigated in 90–day feeding studies decreased food consumption and body physiological response to the handling with rats, mice and dogs, and in a 28– weight gain and a thickening of the of the chemical. Overall, only mild day dermal administration study in rats. duodenum. Anemia occurred at high toxicity was observed in oral subchronic A 90–day neurotoxicity study in rats dose levels in both rats and mice with testing. was also performed. Generally, mild accompanying extramedullary toxicity was observed. At high dose hematopoiesis of the spleen in rats. In
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In the 28–day repeat dose dermal in high dose females at the end of the other signs indicative for neurotoxicity. study, no systemic effects were noted up study. This was assessed as being Moreover, comprehensive microscopic to the highest dose tested. related to the significant body weight investigation of the central and In a 90–day rat neurotoxicity study, a impairment at this dose level. This is peripheral nervous system did not direct neurotoxic effect was not confirmed by the fact that functional reveal any substance-dependent observed. The grip strength of forelimbs observational batteries and motor changes. This is outlined in the table. was statistically significantly decreased activity measurement did not reveal any
TABLE 6.—SUMMARY OF SUBCHRONIC STUDIES FOR BAS 500 F
emsp; NOAEL LOAEL Effects at LOAEL or Higher
4–Week dermal rat: 0, 40, 100, 250 mg/kg bwt (systemic) > 250 mg/kg bwt Skin irritation at application site; and 250 mg/kg bwt no systemic effects related to treatment
90-Day rat feeding study: 0, 50, 3.5 mg/kg bwt males; 4.2 mg/kg 10.7 mg/kg bwt males; 12.6 mg/ Generally mild toxicity at high 150, 500, 1000 and 1,500 ppm bwt females (equivalent to 50 kg bwt females (equivalent to doses. 150 ppm (LOAEL): de- (0, 3.5, 10.7, 34.7, 68.8 and ppm both sexes) 150 ppm both sexes) creased absolute liver weight 105.8 mg/kg bwt for males; 0, males; increased 4.2, 12.6, 40.8, 79.7,and 118.9 extramedullary hematopoiesis. mg/kg bwt for females). ≥ 500 ppm: decreased food consumption and body weight change; leukocytosis; hemo- lytic anemia males; mild ane- mia females; decreased serum liver enzymes; increased rel- ative weights of spleen and ad- renal gland (both sexes), kid- ney, testes, brain (males), and liver and ovaries (females); mucosal hyperplasia of duode- num; increased extramedullary hematopoiesis of spleen; hepatocellular hypertrophy.
90-Day mouse feeding study: 0, 9.2 mg/kg bwt males; 12.9 mg/kg 30.4 mg/kg bwt males; 40.4 mg/ Generally mild toxicity at high 50, 150, 500, 1,000, and 1,500 bwt females (equivalent to 50 kg bwt females (equivalent to doses. 150 ppm (LOAEL): de- ppm (0, 9.2, 30.4, 119.4, 274.4, ppm for both sexes) 150 ppm both sexes) creased body weight gain and and 475.5 mg/kg bwt for males; hematocrit (males); decreased 0, 12.9, 40.4, 162, 374.1, and triglycerides and thickening of 634.8 mg/kg bwt for females) the duodenum (females). ≥ 500 ppm: decreased body weight change; mild leukopenia; mild hypochromic microcytic ane- mia; decreased serum protein, globulins, and triglycerides; thickening of the duodenal mu- cosa.
90–Day Beagle dog feeding study: 5.8 mg/kg bwt males; 6.2 mg/kg 12.9 mg/kg bwt males; 13.6 mg/ Generally mild toxicity at high 0, 100, 200 and 450 ppm (0, bwt females (equivalent to 200 kg bwt females (equivalent to doses. 450 ppm (LOAEL): De- 2.8, 5.8, and 12.9 mg/kg bwt ppm for both sexes) 450 ppm both sexes) creased food consumption (fe- males; 0, 3.1, 6.2, 13.6 mg/kg males); slight body weight loss bwt females) and diarrhea; decreased serum protein, albumin, and globulins; increased platelets (females); hypertrophy in duodenum.
90-Day rat feeding neurotoxicity Systemic: 3.5 mg/kg bwt (50 pm) Systemic: 16.9 mg/kg bwt (250 250 ppm (males): Reduced food study 0, 50, 250, 750 - males, - males; 20.4 mg/kg bwt (250 ppm ) - males; 49.9 mg/kg bwt and water consumption. 0, 50, 250 and 1500 ppm - fe- ppm)- females (750 ppm) - females males (0, 3.5, 16.9, 49.9 mg/kg bwt - males; 0, 4.0, 20.4, 49.9 and 119.9 mg/kg bwt - females)
5. Chronic toxicity. The following are ppm over a period of 12 months. Signs decreased for the entire study period for summaries of chronic toxicity studies of toxicity were observed at the high females. Hematological changes submitted to EPA. dose. Diarrhea was observed throughout observed were an increase in white BAS 500 F was administered to the study period for both sexes. High blood cells in males, and an increase in groups of five male and five female dose males and females initially lost platelets in both sexes at the high dose. purebred Beagle dogs in the diet at weight and body weight gain was Clinical chemistry demonstrated a concentrations of 0, 100, 200 and 400
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decrease in serum total protein, males and 12 mg/kg bwt females). This required for a maximum tolerated dose. albumin, globulins, and cholesterol in is demonstrated by a body weight gain No other signs of toxicity were noted at high dose animals of both sexes, depression of 10–11% in males and 14– any dose level. The NOAEL was found possibly due to the diarrhea and 22% in females. The only other effect to be 120 ppm (ca. 20.5 mg/kg bwt/day) reduced nutritional status of the observed was a decrease in serum for females and 30 ppm (ca. 4.1 mg/kg animals. The NOAEL was 200 ppm (ca. alkaline phosphatase in both sexes at bwt/day) for males. There was no 5.5 mg/kg bwt/day males; 5.4 mg/kg the high dose and decreased alanine evidence that BAS 500 F produced a bwt/day females). aminotransferase in high dose males. carcinogenic effect in mice. For the chronic toxicity portion of the There was no evidence that BAS 500 F rat study, BAS 500 F was administered produced a carcinogenic effect in rats. 6. Carcinogenicity. There were no to groups of 20 male and 20 female The NOAEL for the chronic rat and the tumors associated with treatment Wistar rats at dietary concentrations of cancer rat study is 75 ppm (ca. 3.4 mg/ observed in either a 2–year rat 0, 25, 75, and 200 ppm for 24 months. kg bwt/day males; 4.6 mg/kg bwt/day oncogenicity study or in an 18–month For the carcinogenicity portion of the rat females). mouse oncogenicity study. Based on study, BAS 500 F was administered to BAS 500 F was administered to EPA Proposed Guidelines For groups of 50 male and 50 female Wistar groups of 50 male and 50 female Carcinogen Risk Assessment, BASF rats at dietary concentrations of 0, 25, B6C3F1 mice at dietary concentrations believes that BAS 500 F will be 75, and 200 ppm for 24 months. The of 0, 10, 30, 120, and 180 ppm (females classified as ‘‘not likely’’ to be results of a 2–year chronic toxicity only) for 18 months. Body weights were carcinogenic to humans. Under the study and a 2–year carcinogenicity reduced at the highest doses tested in current assessment method, BASF study in rats indicate that a maximum both males and females. The high dose believes that EPA will classify BAS 500 tolerated dose was clearly met at the body weight gain decreases of 27% in F as Group E ‘(evidence of high dose of 200 ppm (ca. 9 mg/kg bwt females and 29% in males exceeded that noncarcinogenicity to humans).
TABLE 7.—SUMMARY OF CHRONIC TOXICITY/ONCOGENICITY STUDIES ON BAS 500 F
Study NOAEL LOAEL Comments
12–Month beagle dog feeding 5.5 mg/kg bwt males; 10.8 mg/kg bwt males; Generally mild toxicity. 400 ppm: decreased body study: 0, 100, 200 and 400 5.4 mg/kg bwt fe- 11.2 mg/kg bwt fe- weight gain (initially in males and throughout study in ppm (0, 2.8, 5.5 and 10.8 mg/ males (200 ppm both males (400 ppm both females); decreased food consumption (females); di- kg bwt males; 2.7, 5.4, 11.2 sexes) sexes) arrhea; decreased serum total protein, albumin, mg/kg bwt females) globulins, and cholesterol; increased platelets; in- creased white blood cells (males).
18-Month mouse oncogenicity 4.1 mg/kg bwt males 17.2 mg/kg bwt males Generally mild toxicity. No treatment-related tumors. study: 0, 10, 30, and 120 ppm (30 ppm); 20.5 mg/kg (120 ppm); 32.8 mg/ 120 ppm: decreased body weight and body weight males (1.4, 4.1, and 17.2 mg/ bwt females (120 kg bwt females (180 change (males). 180 ppm (females only): Decreased kg bwt); 0, 10, 30, 120 and ppm) ppm) body weight and body weight change. 180 ppm females (1.6, 4.8, 20.5, 32.8 mg/kg bwt)
24-Month chronic toxicity study 3.4 mg/kg bwt males; 9.0 mg/kg bwt males; Generally mild toxicity. 200 ppm: decreased body in Rats: 0, 25, 75, and 200 4.6 mg/kg bw fe- 12.3 mg/kg bwt fe- weight and body weight change; decreased serum ppm (0, 1.1, 3.4, and 9.0 mg/ males (75 ppm both males (200 ppm both alkaline phosphatase (both sexes) and alanine kg bwt males; 0, 1.5, .4.6 and sexes) sexes) aminotransferase (males) 12.3 mg/kg bwt females)
24-month carcinogenicity study 3.4 mg/kg bwt males; 9.2 mg/kg bwt males; Generally mild toxicity. No treatment-related tumors. in rats: 0, 25, 75 and 200 ppm 4.7 mg/kg bwt fe- 12.6 mg/kg bwt fe- 200 ppm: decreased body weight gain (both sexes); (0, 1.2, 3.4, and 9.2 mg/kg males (75 ppm both males (200 ppm both decreased food consumption (males); increased liver bwt males; 0, 1.5, 4.7, and sexes). sexes) cell necrosis. 12.6 mg/kg bw females)
7. Animal metabolism. In hens the 9. Endocrine disruption. No specific the Reference Dose (RfD) for BAS 500 F residues of concern were determined to tests have been conducted with BAS at 0.04 mg/kg/day. This RfD for BAS 500 be parent compound and a hydroxlated 500 F to determine whether the F is based on the 2–year chronic and 2– metabolite, BAS 500–16. In goats the chemical may have an effect in humans year oncogenicity studies in rats with a residues of concern were determined to that is similar to an effect produced by threshold average NOAEL of 4 mg/kg/ be parent and a hydroxylated metabolite a naturally occurring estrogen or other day for males and females. Using an BAS 500–10. endocrine effects. However, there were uncertainty factor of 100, the RfD is 8. Metabolite toxicology. A no significant findings in other relevant calculated to be 0.04 mg/kg/day. Based comparison of the rat metabolism toxicity studies (i.e., subchronic and on the acute toxicity data, BASF results with the plant metabolism/ chronic toxicity, teratology, and believes that 500 F does not pose any residue results indicate that toxicology multigeneration reproductive studies) dietary risks. studies performed with the parent which would suggest that BAS 500 F 11. Non-threshold effects. There were compound are sufficient to cover dietary produces endocrine-related effects. no tumors associated with treatment exposure. Therefore, no specific toxicity 10. Threshold effects. Based on a observed in either a 2–year rat studies were conducted on metabolites review of the available chronic toxicity oncogenicity study or in an 18–month of this compound. data, BASF believes EPA will establish mouse oncogenicity study. Based on
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EPA Proposed Guidelines For C. Aggregate Exposure which had an average threshold NOAEL Carcinogen Risk Assessment, BASF BASF believes that pyraclostrobin of 4 mg/kg/day for males and females. believes that BAS 500 F will be does not pose any acute dietary risks, so BASF further believes that EPA will use classified as ‘‘not likely’’ to be an acute exposure analysis is not an uncertainty factor of 100 and carcinogenic to humans. Under the necessary. Based on a review of the establish the RfD at 0.04 mg/kg/day. The current assessment method, BASF available chronic toxicity data, BASF following table expresses the results of believes that EPA will classify BAS 500 believes EPA will base the chronic RfD the chronic aggregate analysis of F as Group E (evidence of for pyraclostrobin on the 2–year chronic exposure to pyraclostrobin. This noncarcinogenicity to humans). and 2–year oncogenicity studies in rats, analysis is discussed further below.
TABLE 8.—SUMMARY OF CHRONIC AGGREGATE EXPOSURE TO BAS 500 F
U.S. Population (% of RfD) Children 1–6 (% of RfD)
Chronic dietary exposure 5% 10%
Residential exposure* 2.5% 12.5%
Total RfD used by diet and residential expo- 7.5% 22.5% sure
Remainder of RfD available for water (%) 92.5% 77.5% (Drinking Water Level of Concern)
SCIGROW modelground water estimation** <1% <1%
GENEEC model (56 d) surface water <1% <1% estimation**
Total of RfD used by diet, water and residen- 7.5% 77.5% tial *Acute values used as worst case **Used highest values predicted from the model for all agricultural uses; assumes 2 liters/day consumed and 60 kg bwt for adults and 1 liter/ day and 10 kg bwt for children
1.Dietary exposure— i. Food. For TABLE 9.—SUMMARY OF CHRONIC DI- dietary food exposures and residential purposes of assessing the potential ETARY EXPOSURE TO BAS 500 F— exposures from the RfD, as outlined in dietary exposure, BASF has estimated (DRES (DIETARY RISK EVALUATION Table 10. aggregate exposure based on the SYSTEM)) Theoretical Maximum Residue TABLE 10.—PERCENTAGES OF REF- Contribution (TMRC) from the proposed µ ERENCE DOSE FOR CHRONIC WATER Group g/kg body %RfD tolerances for BAS 500 F. weight/day EXPOSURE TO BAS 500 F A Tier 1 worst case estimate of dietary U.S. popu- 2.004 5 exposure was conducted assuming that U.S. lation Popu- Children 100% of all crops for which tolerances lation (% 1–6 (% are established are treated and that All infants 2.260 6 of RfD) of RfD) pesticide residues are always found at (<1 year the tolerance levels. The TMRC from the old) Chronic dietary ex- 5% 10% posure proposed uses of BAS 500 F on all crops Children 1–6 4.144 10 is 0.002 mg/kg bwt/day and utilizes 5% years old Residential 2.5% 12.5% of the RfD for the overall U.S. exposure* population. The exposure of the most Children 7– 2.092 5 highly exposed subgroup in the 12 years Total RfD used by 7.5% 22.5% population, children (1–6 years old), is old diet and residen- tial 0.004 mg/kg bwt/day and utilizes 10% Females 13– 1.338 3 of the RfD. 50 years Remainder of RfD 92.5% 77.5% The following table summarizes the old available for water mean dietary exposures and the (%) (Drinking percents of RfD occupied by these ii. Drinking water. Estimates of Water Level of exposures. ground water levels and surface water Concern) levels were determined using the SCIGROW ground <1% <1% Screening Concentration in water estimation** Groundwater (SCIGROW) and Generic Estimated Environmental Concentration GENEEC (56 d) sur- <1% <1% (GENEEC) models, respectively. The face water drinking water levels of concern estimation** (DWLOCs) for chronic exposure are obtained by subtracting the chronic
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TABLE 10.—PERCENTAGES OF REF- system. BAS 500 F also acts curatively impairment of reproductive function ERENCE DOSE FOR CHRONIC WATER to prevent the increase and spread of was noted at any dose level. At the high EXPOSURE TO BAS 500 F—Contin- fungal infections by inhibiting mycelial dose reduced parental body weight ued growth and sporulation on the leaf gains were accompanied by reduced surface. BAS 500F inhibits spore pup weights and corresponding reduced U.S. germination, germ tube growth and pup organ weights (F2 only) and slightly Children penetration into the host tissues. Popu- 1–6 (% delayed vaginal opening (F1 only). The lation (% of RfD) The EPA is currently developing slight delay in vaginal opening was of RfD) methodology to perform cumulative risk most likely due to the smaller pups and assessments. At this time, there is no Total of RfD used by 7.5% 77.5% corresponding delay in physical available data to determine whether diet, water and development. These NOAELs are higher residential BAS 500F has a common mechanism of toxicity with other substances or how to than the NOAEL of 4 mg/kg bwt/day *Acute values used as worst case include this pesticide in a cumulative from the chronic rat study used to ** Used highest values predicted from the risk assessment. Unlike other pesticides establish the RfD. model for all agricultural uses; Assumes 2 li- ters/day consumed and 60 kg bwt for adult for which EPA has followed a Based on these results, no additional and 1 liter/day and 10 kg bwt for child cumulative risk approach based on a safety factors to protect children are common mechanism of toxicity, BAS The SCIGROW and GENEEC estimates warranted. Since developmental and 500 F does not appear to produce a toxic of ground and surface water levels for reproductive toxicity occurs at levels metabolite produced by other above the levels shown to exhibit BAS 500 F are well below the DWLOC. substances Overall, using worst-case parameters the parental toxicity and since these levels predicted aggregate exposure by all E. Safety Determination are higher than those used to calculate potential routes for both adults and 1. U.S. population. Using the the RfD, BASF believes the RfD of 0.04 children is less than the chronic conservative exposure assumptions mg/kg/day (4 mg/kg/day and an referencedose. described above and based on the Uncertainty Factor of 100) is an 2. Non-dietary exposure. BAS 500 F is completeness and the reliability of the appropriate measure of safety for infants planned for use on residential lawns. toxicity data, BASF has estimated that and children. Acute exposure was estimated using aggregate exposure to BAS 500 F will Dietary exposure of the most highly data from a BAS 500 F turf transferable utilize 5% of the RfD for the U.S. exposed subgroup in the population, residue (TTR) study, a dermal population. BASF concludes that there children (1–6 years old) is 0.004 mg/kg penetration of 2.6% and default values is a reasonable certainty that no harm bwt/day. This accounts for 10% of the from the EPA Standard Operating will result from the aggregate exposure RfD. Worst case default predictions Procedures for residential exposure. For to BAS 500 F, including anticipated indicate that residential uses of BAS 500 adults, the exposure estimate of 0.001 dietary exposure and non-occupational mg/kg bwt/day is equivalent to only F will amount to 12.5% of the RfD and exposures. that contamination of drinking water is 2.5% of the chronic reference dose. 2. Infants and children. A Estimation of exposure of children developmental study was conducted via extremely small and amounts to <1% of includes dermal contact on the lawn oral gavage in rats with dosages of 0, 10, the reference dose. Aggregate exposure plus oral ingestion via fingers in the 25, and 50 mg/kg bwt/day with a of children (1–6 years old) amounts to mouth, grass and dirt. Using the worst- maternal NOAEL of 10 mg/kg bwt/day 22.5% of the RfD. In addition, there case EPA defaults, the acute exposure and a developmental NOAEL of 50 mg/ were no significant findings in relevant result is estimated to be 0.005 mg/kg kg bwt/day. No evidence of toxicity studies (i.e., subchronic and bwt/day which is 12.5% of the chronic developmental toxicity was observed up chronic toxicity, teratology, and multi- Reference Dose. to the highest dose tested. These generation reproductive studies) which would suggest that BAS 500 F produces D. Cumulative Effects NOAELs are higher than the NOAEL of 4 mg/kg bwt/day from the chronic rat endocrine-related effects. Section 408(b)(2)(D)(v) requires that, study used to establish the RfD. Therefore, based on the completeness when considering whether to establish, A developmental study was and reliability of the toxicity data and modify, or revoke a tolerance, the conducted via oral gavage in rabbits the conservative exposure assessment, Agency consider ‘‘available with dosages of 0, 5, 10, and 20 mg/kg BASF concludes that there is a information’’ concerning the cumulative bwt/day. The NOAEL for both maternal reasonable certainty that no harm will effects of a particular pesticide’s and developmental toxicity was 5 mg/kg result to infants and children from residues and ‘‘other substances that bwt/day. No teratogenic effects were have a common mechanism of toxicity.’’ observed at any dose level, and the only aggregate exposure to BAS 500 F, BAS 500 F is a foliar fungicide which developmental effect observed was an including all anticipated dietary belongs to the new class of strobilurin increase in postimplantation loss at exposure and all other non-occupational chemistry. It is a synthetic analog of doses which produced maternal exposures. strobilurin A, a naturally occurring toxicity. These NOAELs are higher than F. International Tolerances antifungal metabolite of the mushroom the NOAEL of 4 mg/kg bwt/day from the Strobillurus tenacellus (Anke et. al., chronic ratstudy used to establish the A maximum residue level (MRL) has 1977). The active ingredient acts in the RfD. not been established for BAS 500 F in fungal cell through inhibition of A 2–generation reproduction study in any crop by the Codex Alimentarius electron transport in the mitochondrial rats was conducted with dosages of 0, Commission. respiratory chain at the position of the 2.7, 82, and 32.6 mg/kg bwt/day. The [FR Doc. 01–12907 Filed 5–22–01; 8:45 am] cytochrome-bc1 complex. The NOAELs are 32.6 mg/kg bwt/day BILLING CODE 6560–50–S protective effect is due to the resultant (highest dose tested) for reproductive death of the fungal cells by function and 8.2 mg/kg bwt/day for disorganization of the fungal membrane parental and developmental toxicity. No
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ENVIRONMENTAL PROTECTION (NAICS) codes have been provided to (7502C), Office of Pesticide Programs AGENCY assist you and others in determining (OPP), Environmental Protection whether or not this action might apply Agency, 1200 Pennsylvania Ave., NW., [PF–1019; FRL–6780–2] to certain entities. If you have questions Washington, DC 20460. Notice of Filing a Pesticide Petition to regarding the applicability of this action 2. In person or by courier. Deliver Establish a Tolerance fora Certain to a particular entity, consult the person your comments to: Public Information Pesticide Chemical in or on Food listed underFOR FURTHER INFORMATION and Records Integrity Branch (PIRIB), CONTACT. Information Resources and Services AGENCY: Environmental Protection Division (7502C), Office of Pesticide B. How Can I Get Additional Agency (EPA). Programs (OPP), Environmental Information, Including Copies of this ACTION: Notice. Protection Agency, Rm. 119, Crystal Document and Other Related Mall #2, 1921 Jefferson Davis Highway, Documents? SUMMARY: This notice announces the Arlington, VA. The PIRIB is open from initial filing of a pesticide petition 1. Electronically. You may obtain 8:30 a.m. to 4 p.m., Monday through proposing the establishment of electronic copies of this document, and Friday, excluding legal holidays. The regulations for residues of a certain certain other related documents that PIRIB telephone number is (703) 305– pesticide chemical in or on various food might be available electronically, from 5805. commodities. the EPA Internet Home Page at http:// 3. Electronically. You may submit DATES: Comments, identified by docket www.epa.gov/. To access this your comments electronically by e-mail control number PF–1019, must be document, on the Home Page select to: [email protected], or you can received on or before June 23, 2001. ‘‘Laws and Regulations,’’ ‘‘Regulations submit a computer disk as described ADDRESSES: Comments may be and Proposed Rules,’’ and then look up above. Do not submit any information submitted by mail, electronically, or in the entry for this document under the electronically that you consider to be person. Please follow the detailed ‘‘Federal Register—Environmental CBI. Avoid the use of special characters instructions for each method as Documents.’’ You can also go directly to and any form of encryption. Electronic provided in Unit I.C. of the the Federal Register listings at http:// submissions will be accepted in SUPPLEMENTARY INFORMATION. To ensure www.epa.gov/fedrgstr/. Wordperfect 6.1/8.0 or ASCII file proper receipt by EPA, it is imperative 2. In person. The Agency has format. All comments in electronic form that you identify docket control number established an official record for this must be identified by docket control PF–1019 in the subject line on the first action under docket control number PF– number PF–1019. Electronic comments page of your response. 1019. The official record consists of the may also be filed online at many Federal documents specifically referenced in FOR FURTHER INFORMATION CONTACT: By Depository Libraries. this action, any public comments mail: Shaja R. Brothers, Registration received during an applicable comment D. How Should I Handle CBI That I Division (7505C), Office of Pesticide period, and other information related to Want to Submit to the Agency? Programs, Environmental Protection this action, including any information Agency, 1200 Pennsylvania Ave., NW., Do not submit any information claimed as confidential business Washington, DC 20460; telephone electronically that you consider to be information (CBI). This official record number: (703) 308–3194; e-mail address: CBI. You may claim information that includes the documents that are [email protected]. you submit to EPA in response to this physically located in the docket, as well document as CBI by marking any part or SUPPLEMENTARY INFORMATION: as the documents that are referenced in all of that information as CBI. I. General Information those documents. The public version of Information so marked will not be the official record does not include any disclosed except in accordance with A. Does this Action Apply to Me? information claimed as CBI. The public procedures set forth in 40 CFR part 2. You may be affected by this action if version of the official record, which In addition to one complete version of you are an agricultural producer, food includes printed, paper versions of any the comment that includes any manufacturer or pesticide manufacturer. electronic comments submitted during information claimed as CBI, a copy of Potentially affected categories and an applicable comment period, is the comment that does not contain the entities may include, but are not limited available for inspection in the Public information claimed as CBI must be to: Information and Records Integrity submitted for inclusion in the public Branch (PIRIB), Rm. 119, Crystal Mall version of the official record. #2, 1921 Jefferson Davis Highway, Information not marked confidential Arlington, VA, from 8:30 a.m. to 4 p.m., will be included in the public version Examples of poten- Monday through Friday, excluding legal of the official record without prior Categories NAICS tially affected enti- codes ties holidays. The PIRIB telephone number notice. If you have any questions about is (703) 305–5805. CBI or the procedures for claiming CBI, Industry 111 Crop production C. How and to Whom Do I Submit please consult the person identified 112 Animal production Comments? under FOR FURTHER INFORMATION 311 Food manufacturing CONTACT. 32532 Pesticide manufac- You may submit comments through turing the mail, in person, or electronically. To E. What Should I Consider as I Prepare ensure proper receipt by EPA, it is My Comments for EPA? This listing is not intended to be imperative that you identify docket You may find the following exhaustive, but rather provides a guide control number PF–1019 in the subject suggestions helpful for preparing your for readers regarding entities likely to be line on the first page of your response. comments: affected by this action. Other types of 1. By mail. Submit your comments to: 1. Explain your views as clearly as entities not listed in the table could also Public Information and Records possible. be affected. The North American Integrity Branch (PIRIB), Information 2. Describe any assumptions that you Industrial Classification System Resources and Services Division used.
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3. Provide copies of any technical Interregional Reseach Project Number 4 Food and Drug Administration for information and/or data you used that (IR-4) inclusion in PAM as Method II. 3. Magnitude of residues. Magnitude support your views. PP 5E4434 and 0E6219 4. If you estimate potential burden or of residue data are adequate for the costs, explain how you arrived at the EPA has received pesticide petitions proposed commodities. (5E4434 and 0E6219) from the estimate that you provide. Interregional Reseach Project Number 4 B. Toxicological Profile 5. Provide specific examples to (IR-4), New Jersey Agricultural 1. Acute toxicity. A complete battery illustrate your concerns. Experiment Station, Rutgers University, of acute toxicity studies for fosetyl-Al 6. Make sure to submit your New Brunswick, NJ 08903 proposing, technical has been conducted. The comments by the deadline in this pursuant to section 408(d) of FFDCA, 21 lethal doseLD50 from the acute oral rat notice. U.S.C. 346a(d), to amend 40 CFR part is 5.4 grams/kilograms (g/kg) and the 180 by establishing tolerances for LD from an acute dermal rabbit study 7. To ensure proper receipt by EPA, 50 residues of the fungicide, aluminum tris is>2 g/kg. The LD for a rat inhalation be sure to identify the docket control 50 (O-ethylphosphonate) (referred to in this study is >1.73 milligrams/liter (mg/L). number assigned to this action in the document as fosetyl-Al) in or on the raw The acute oral rat and primary dermal subject line on the first page of your agricultural commodities as follows: irritation studies indicate category IV response. You may also provide the 1. PP 5E4434 proposes the toxicity. A guinea pig dermal name, date, and Federal Register establishment of tolerances for the sensitization study shows fosetyl-Al is citation. bushberrysubgroup, and lingonberry, not a skin sensitizer. The primary eye II. What Action is the Agency Taking? salal, and juneberry at 40 parts per irritation study in rabbits shows fosetyl- million (ppm). Al to be an eye irritant with Category I EPA has received a pesticide petition 2. PP 0E6221 proposes the toxicity. as follows proposing the establishment establishment of tolerances for turnip 2. Genotoxicity. Fosetyl-Al is neither and/or amendment of regulations for roots and tops (leaves) at 50 ppm, peas mutagenic nor genotoxic. The genetic residues of a certain pesticide chemical (succulent) at 0.3 ppm, and citrus at 5 toxicity potential of fosetyl-Al was in or on various food commodities ppm. assessed in several assays. Eight under section 408 of the Federal Food, EPA has determined that these mutagenicity tests performed with Drug, and Cosmetic Act (FFDCA), 21 petitions contain data or information fosetyl-Al were negative. The tests U.S.C. 346a. EPA has determined that regarding the elements set forth in included two Ames assays withS. this petition contains data or section 408(d)(2) of the FFDCA; typhimurium, two phase induction information regarding the elements set however, EPA has not fully evaluated assays usingE. coli, two micronucleus forth in section 408(d)(2); however, EPA the sufficiency of the submitted data at studies in mice, one DNA repair assay has not fully evaluated the sufficiency this time or whether the data support using E. coli and one mutation assay in of the submitted data at this time or granting of these petitions. Additional Saccharomyces cerevisiae. whether the data support granting of the data may be needed before EPA rules on 3. Reproductive and developmental petition. Additional data may be needed these petitions. toxicity. Fosetyl-Al is not a reproductive before EPA rules on the petition. toxicant and shows no evidence of A. Residue Chemistry estrogenic or androgenic related effects. List of Subjects 1. Plant metabolism. The metabolism i. In a three generation reproduction Environmental protection, of fosetyl-Al in plants is adequately study, fosetyl-Al was administered to Agricultural commodities, Feed understood. Adequate data on the rats at dietary levels of 0, 6,000, 12,000 additives, Food additives, Pesticides nature of the residues in plants, or 24,000 ppm. No adverse effects on and pests, Reporting and recordkeeping including identification of major reproductive performance or pup requirements. metabolites and degradates of fosetyl-Al, survival were observed in any dose are available. Radiolabeled studies on group. The lowest observed adverse Dated: May 9, 2001. the uptake, translocation and effect level (LOAEL) was established at Peter Caulkins, metabolism in plants show that the 12,000 ppm based on effects on animal chemical proceeds through hydrolytic weights and urinary tract changes. The Acting Director, Registration Division, Office cleavage of the ethyl ester. The major no observed adverse effect level of Pesticide Programs. residues are fosetyl-Al, phosphorus (NOAEL) for all effects was 6,000 ppm. Summary of Petition acid, and ethanol. The tolerances are ii. A developmental study in rats established for the parent only, that is dosed via oral gavage at 500, 1,000 or The petitioner summary of the fosetyl-Al. 4,000 mg/kg/day showed a pesticide petition is printed below as 2. Analytical method. Adequate developmental NOAEL of 1,000 mg/kg. required by section 408(d)(3) of the methods are available for enforcement At 4,000 mg/kg, there was maternal FFDCA. The summary of the petition purposes. There are two analytical toxicity, as evidenced by effects on was prepared by the petitioner and methods acceptable for determining animal weights, maternal deaths, represents the view of the petitioners. residues of fosetyl-Al in plants: a gas increased resorptions, and delayed fetal EPA is publishing the petition summary chromatography method is available for ossification. verbatim without editing it in any way. enforcement of tolerance in pineapple iii. A rabbit developmental study The petition summary announces the and is listed as Method I in PAM, Vol. showed no toxic effects at oral doses up availability of a description of the II; a gas chromatography/phosphorus to 500 mg/kg. Effects of fosetyl-Al on analytical methods available to EPA for specific flame photometric detector fetal development were observed only the detection and measurement of the (FPD-P) method (Rhone-Poulenc in the rat at a dose producing severe pesticide chemical residues or an Method No. 163) for citrus has maternal toxicity. In the absence of explanation of why no such method is undergone a successful method tryout maternal toxicity, no adverse effects on needed. on oranges and has been sent to the fetal development were observed, i.e. at
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1,000 mg/kg/day in rats or at 500 mg/ epithelial hyperplasia in the urinary 2,500, 10,000, or 20,000/30,000 ppm. kg/day in rabbits. bladder and hydronephrosis in the The 20,000 ppm dose was increased to 4. Subchronic toxicity. In subchronic kidney. The NOAEL in the chronic rat 30,000 ppm during week 19 of the studies, no significant toxicity was study was 8,000 ppm (400 mg/kg/day). study. The NOAEL for all effects was observed even at doses exceeding the The lowest NOAEL for chronic effects of 20,000/30,000 ppm (3,000/4,500 mg/kg/ limit of 1,000 mg/kg/day. fosetyl-Al is 10,000 ppm (250 mg/kg/ day). There were no carcinogenic effects i. A 21–day dermal study in rabbits day) based on the dog study. This observed under the conditions of this showed mild to moderate skin irritation NOAEL is based on minor changes at study. and a NOAEL of 1.5 g/kg/day. 20,000 ppm. In the rat, calculi in the iii. The Office of Pesticide Programs’, ii. A 90–day feeding study in rats urinary bladder and related Health Effects Division, Carcinogenicity showed a NOAEL of>5,000 ppm; the histopathological changes in the bladder Peer Review Committee (CPRC) LOAEL was 25,000 ppm with and kidneys of males and females were concluded in their report of June 29, extramedullary hematopoiesis in the observed at 30,000/40,000 ppm. 1993 that the pesticidal use of fosetyl- spleen. 6. Carcinogenicity. Long-term feeding Al is unlikely to pose a carcinogenic iii. A 90–day dog feeding study studies were conducted with technical hazard for humans given that: Tumors showed a NOAEL of 10,000 ppm and a grade fosetyl-Al in mice and rats and develop in rats under extreme LOAEL at 50,000 ppm, at which the test with monosodium phosphite, the conditions that are unlikely to be animals had a lower serum potassium primary urinary metabolite of fosetyl-Al, achieved other than under laboratory level than untreated animal. in rats. These studies, and a mechanistic conditions (at a dose in excess of the 5. Chronic toxicity. Chronic toxicity study in rats, are described below: EPA dose limit for carcinogenicity studies have been conducted in dogs i. Rat. In addition to the chronic studies); tumors in rats are believed to and rats. studies previously noted, calculi in the develop only at doses that produce i. Dog. Fosetyl-Al was fed to dogs for urinary bladder were also observed for stones; human dietary exposure to 2 years at concentrations of 0, 10,000, several male and female rats at 30,000/ fosetyl-Al is only about one-500,000th 20,000, and 40,000 ppm. The NOAEL 40,000 ppm. Microscopic examination of the NOAEL for stone formation in the was 10,000 ppm, equivalent to 250 mg/ revealed transitional cell carcinomas rat (the most sensitive experimental kg/day. The LOAEL was 20,000 ppm and papillomas in the urinary bladders model); and the dose of fosetyl-Al based on a slight degenerative effect on of high dose males. A statistically which can be absorbed dermally by the testes. These testicular changes, as significant increase in adrenal applicators is also probably too low to well as a few scattered clinical changes, pheochromocytomas (benign and result in stone formation. EPA has were seen in the high dose dogs. No malignant combined) was observed in therefore chosen to use the Reference effects were observed in the urinary males at 8,000 and 30,000/40,000 ppm. Dose (RfD) to quantify dietary risk to tract. The adrenal slides were independently humans. ii. Rat. Fosetyl-Al was administered reread by two consulting pathologists 7. Animal metabolism. Rat via a mixture in the diet to CD rats at who found no significant dose-related metabolism studies showed that most of target levels of 0, 2,000, 8,000, and increases in the incidence of the radiolabel rapidly appeared in 30,000/40,000 ppm for approximately 2 pheochromocytomas or hyperplasia. exhaled carbon dioxide. There was also years. Based on these levels, respective The NOAEL for fosetyl-Al in the some radiolabel excreted in the urine as doses were 100, 400 and 2,000/1,500 chronic rat study was 8,000 ppm; phosphite, along with a smaller amount mg/kg/day. After 2 weeks at 40,000 however, a subsequent mechanistic as the unchanged parent compound. It ppm, this dietary level was reduced to study in rats conducted with dietary appears that fosetyl-Al is essentially 30,000 ppm due to the occurrence of red levels of 8,000, 30,000 and 50,000 ppm completely absorbed after ingestion and coloration of the urine and a decrease in demonstrated that the massive doses of extensively hydrolyzed to carbon body weight gain. Although these 30,000 and 50,000 ppm fosetyl-Al alter dioxide which is exhaled. The findings were no longer apparent after calcium/phosphorous homeostasis phosphite is excreted in the urine week 2, analytical verification of dietary resulting in severe acute renal injury, without further oxidation to phosphate. levels revealed that the highest dietary similar to that observed in the chromic Aluminum does not appear to be level ranged from approximately 38,000 rat study, and the formation of calculi absorbed to a significant extent from the to 61,000 ppm during the first 32 weeks in kidneys, ureters, and bladder. Under gastrointestinal trac. of the study. No significant differences conditions of chronic exposure, these 8. Metabolite toxicology. There are no in body weight or food consumption effects could lead to the formation of metabolites of toxicological concern. were noted at 2,000 or 8,000 ppm. No bladder tumors as seen in the chronic The tolerances are established for the biologically significant differences were rat study. At 8,000 ppm, no evidence of parent only, that is fosetyl-Al. observed in ophthalmoscopy, renal injury was observed, a result 9. Endocrine disruption. No evidence hematology, clinical chemistry, or consistent with the absence of bladder of estrogenic or androgenic effects were urinalysis for treated and control tumors. Thus, the bladder tumors noted in any study with fosetyl-Al. No animals. Calculi in the urinary bladder induced by fosetyl-Al were the result of adverse effects on mating or fertility were observed for several male and acute renal injury followed by a chronic indices and gestation, live birth, or female rats in the high dose group. Non- toxic reaction rather than a true weaning indices were noted in a three- neoplastic findings consisted of carcinogenic effect. An carcinogenicity generation rat reproduction study at epithelial hyperplasia and inflammation study in rats was conducted with doses well above EPA’s limit of 1,000 in the urinary bladders of males at monosodium phosphite administered mg/kg/day. Therefore, Aventis Crop 30,000/40,000 ppm. Increased via dietary mixture at levels of 2,000, Science concludes that fosetyl-Al does incidences of hydronephrosis, 8,000, and 32,000 ppm. No evidence of not have any effect on the endocrine inflammation, and epithelial carcinogenicity was observed in this system. hyperplasia in the kidney were also study. observed in males from the high dose ii. Mouse. A 2–year feeding/ C. Aggregate Exposure group. Females from the same group carcinogenicity study was conducted in 1. Dietary exposure. EPA has exhibited increased incidences of mice fed diets containing fosetyl-Al at 0, established the chronic RfD for fosetyl-
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Al at 2.5 mg/kg/day. This RfD is based metabolism study was not necessary. An by the Agency for all currently on a NOAEL of 250 mg/kg/day from a anaerobic aquatic soil metabolism study registered food uses shows that 2–year feeding study in dogs and the was conducted. When anaerobic exposure to fosetyl-Al utilizes 3.1% of use of a 100 fold safety factor to account conditions were established by flooding the cPAD for the U.S. population, 2.7% for interspecies and intraspecies soil, the half-life was 40 hours with silty of the cPAD for females (13–50 years), differences. No appropriate endpoint clay loam and 14 hours with sandy loam 6.3% of the cPAD for children 1-6 years attributable to a single dose exposure soil. Aventis Crop Science expects that old, and 4.2% of the cPAD for non- was identified in oral toxicity studies. potential fosetyl-Al residues in drinking Hispanic (other than black or white). Therefore, an acute RfD was not water are not a significant contribution This analysis was conducted assuming established and there is no expectation to aggregate exposure. 100% crop treated and tolerance level of acute risk. Since no dermal or 2. Non-dietary exposure. Fosetyl-Al is residue values for all crops. The systemic toxicity was seen at the limit currently registered for residential use contribution of fosetyl-Al residues in dose following repeated dermal on turf and ornamental plants. Chronic surface and ground water to chronic applications in the 21–day toxicity exposure is not expected for residential aggregate exposure is expected to be study using rats, no endpoint value was uses. There is also no expectation of minimal. Therefore, Aventis Crop calculated for short- and intermediate- acute risk. No appropriate endpoint Science concludes that even when term exposure and risk. The Agency has attributable to a single dose exposure considering the potential incremental concluded that fosetyl-Al is unlikely to was identified in oral toxicity studies risk resulting from the proposed uses, pose a carcinogenic hazard to humans. and consequently, an acute RfD cannot there is a reasonable certainty that no Therefore, a cancer exposure and risk be calculated. No endpoint value is harm will result from aggregate assessment is not appropriate. calculable for short- and intermediate- exposure to fosetyl-Al residues. i. Food. For all currently registered term exposure and a risk analysis 2. Infants and children. No indication uses of fosetyl-Al, chronic food cannot be performed since no dermal or of increased susceptibility of rat or exposure for various subgroups of the systemic toxicity was seen at the limit rabbit fetuses to in utero and/or U.S. population was estimated by EPA dose following repeated dermal postnatal exposure was noted in the through the use of the Dietary Exposure applications in the 21–day toxicity developmental and reproductive Evaluation Model (DEEM) software. The study using rats. The Agency has toxicity studies. The Agency has DEEM analysis evaluated the individual previously concluded that fosetyl-Al is previously determined that no food consumption as reported by unlikely to pose a carcinogenic hazard additional safety factor to protect infants respondents in the USDA 1989-1991 to human. Therefore, a cancer exposure and children is necessary for this nationwide Continuing Surveys of Food and risk assessment is not appropriate. product. Intake by Individuals. As the risk Thus, Aventis Crop Science concludes Using the conservative assumptions estimate was low for even the most that the ornamental and turf uses do not described in the exposure section, highly exposed subpopulation, no add significantly to the aggregate aggregate exposure to fosetyl-Al from anticipated residues were used. One exposure for fosetyl-Al. currently registered food uses will hundred percent crop treated and D. Cumulative Effects utilize up to 6.3% of the RfD for infants tolerance level residues were assumed and children. Even when considering for all crops. Based on the results of this Effects associated with fosetyl-Al are the potential incremental dietary risk conservative analysis, exposure to unlikely to be cumulative with any resulting from the proposed uses, the fosetyl-Al residues from the proposed other compound. The formation of potential for exposure to residues in uses is expected to be minimal. Aventis calculi and bladder tumors in rats is the drinking water and from non-dietary, Crop Science concludes that dietary only significant toxicological effect non-occupational exposure, the exposure to fosetyl-Al resulting from the observed with fosetyl-Al. These effects aggregate exposure to fosetyl-Al is currently registered and the proposed were observed in rat only at a dose expected to be well below 100% of the uses of the product will be well below which not only exceeds estimated RfD. Aventis Crop Science concludes the Agency’s level of concern. human exposure by several orders of that there is a reasonable certainty that ii. Drinking water. There is no magnitude but is in excess of the EPA no harm will result to infants and established maximum contaminant level dose limit for carcinogenicity studies. children from aggregate exposure to or health advisory level for fosetyl-Al. Therefore, an aggregate assessment fosetyl-Al residues. The potential for ground water and/or based on common mechanisms of surface water contamination by fosetyl- toxicity is not appropriate as exposure F. International Tolerances Al and its degradates is expected to be to humans will be well below the levels There are presently no Codex very low, in most cases, due to the rapid producing calculi and bladder tumors in Alimentarius Commission maximum degradation of the compound in soil to rats. Further, considering the rapid residue levels established for residues of non-toxic degradates under both aerobic elimination of fosetyl-Al in the rat fosetyl-Al. and anaerobic conditions. Under aerobic metabolism study, any effects associated [FR Doc. 01–12906 Filed 5–22–01; 8:45 am] laboratory conditions, the half-life of with fosetyl-Al are unlikely to be BILLING CODE 6560–50–S fosetyl-Al is between 1 and 1.5 hours in cumulative with any other compound. loamy sand, silt loam and clay loam and Based on these reasons, only the 20 minutes in sandy loam soil. The potential risks of fosetyl-Al are ENVIRONMENTAL PROTECTION degradation proceeds through the considered in the exposure assessment. AGENCY hydrolysis of the ethyl ester bond, resulting in the formation of E. Safety Determination [PF–1023; FRL–6782–5] phosphorous acid and ethanol. The 1. U.S. population. Chronic risk Notice of Filing a Pesticide Petition to ethanol is further degraded into carbon estimates associated with exposure to Establish a Tolerance fora Certain dioxide. Based on the short half-life of fosetyl-Al in food and water are Pesticide Chemical in or on Food fosetyl-Al and the known fate of expected to be well below the Agency’s phosphates under anaerobic conditions, level of concern. The DEEM chronic AGENCY: Environmental Protection EPA determined that an anaerobic soil exposure analysis previously performed Agency (EPA).
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ACTION: Notice. B. How Can I Get Additional Programs (OPP), Environmental Information, Including Copies of this Protection Agency, Rm. 119, Crystal SUMMARY: This notice announces the Document and Other Related Mall #2, 1921 Jefferson Davis Highway, initial filing of a pesticide petition Documents? Arlington, VA. The PIRIB is open from proposing the establishment of 1. Electronically. You may obtain 8:30 a.m. to 4 p.m., Monday through regulations for residues of a certain electronic copies of this document, and Friday, excluding legal holidays. The pesticide chemical in or on various food certain other related documents that PIRIB telephone number is (703) 305– commodities. might be available electronically, from 5805. 3. Electronically. You may submit DATES: Comments, identified by docket the EPA Internet Home Page at http:// www.epa.gov/. To access this your comments electronically by e-mail control number PF–1023, must be to: [email protected], or you can received on or before June 22, 2001. document, on the Home Page select ‘‘Laws and Regulations’’ and then look submit a computer disk as described ADDRESSES: Comments may be up the entry for this document under above. Do not submit any information submitted by mail, electronically, or in the ‘‘Federal Register—Environmental electronically that you consider to be person. Please follow the detailed Documents.’’ You can also go directly to CBI. Avoid the use of special characters instructions for each method as the Federal Register listings at http:// and any form of encryption. Electronic provided in Unit I.C. of the www.epa.gov/fedrgstr/. submissions will be accepted in SUPPLEMENTARY INFORMATION. To ensure 2. In person. The Agency has WordPerfect 6.1/8.0 or ASCII file proper receipt by EPA, it is imperative established an official record for this format. All comments in electronic form that you identify docket control number action under docket control number PF– must be identified by docket control PF–1023 in the subject line on the first 1023. The official record consists of the number PF–1023. Electronic comments page of your response. documents specifically referenced in may also be filed online at many Federal Depository Libraries. FOR FURTHER INFORMATION CONTACT: By this action, any public comments mail: Joseph M. Tavano, Registration received during an applicable comment D. How Should I Handle CBI That I Division (7505C), Office of Pesticide period, and other information related to Want to Submit to the Agency? Programs, Environmental Protection this action, including any information claimed as confidential business Do not submit any information Agency, 1200 Pennsylvania Ave., NW., electronically that you consider to be Washington, DC 20460; telephone information (CBI). This official record includes the documents that are CBI. You may claim information that number: (703) 308–8375; e-mail address: you submit to EPA in response to this [email protected]. physically located in the docket, as well as the documents that are referenced in document as CBI by marking any part or SUPPLEMENTARY INFORMATION: those documents. The public version of all of that information as CBI. Information so marked will not be I. General Information the official record does not include any information claimed as CBI. The public disclosed except in accordance with A. Does this Action Apply to Me? version of the official record, which procedures set forth in 40 CFR part 2. includes printed, paper versions of any In addition to one complete version of You may be affected by this action if electronic comments submitted during the comment that includes any you are an agricultural producer, food an applicable comment period, is information claimed as CBI, a copy of manufacturer or pesticide manufacturer. available for inspection in the Public the comment that does not contain the Potentially affected categories and Information and Records Integrity information claimed as CBI must be entities may include, but are not limited Branch (PIRIB), Rm. 119, Crystal Mall submitted for inclusion in the public to: #2, 1921 Jefferson Davis Highway, version of the official record. Arlington, VA, from 8:30 a.m. to 4 p.m., Information not marked confidential Examples of poten- NAICS Monday through Friday, excluding legal will be included in the public version Categories tially affected enti- of the official record without prior codes ties holidays. The PIRIB telephone number is (703) 305–5805. notice. If you have any questions about Industry 111 Crop production CBI or the procedures for claiming CBI, 112 Animal production C. How and to Whom Do I Submit please consult the person identified 311 Food manufac- Comments? under FOR FURTHER INFORMATION turing You may submit comments through CONTACT. 32532 Pesticide manufac- the mail, in person, or electronically. To turing E. What Should I Consider as I Prepare ensure proper receipt by EPA, it is My Comments for EPA? imperative that you identify docket This listing is not intended to be control number PF–1023 in the subject You may find the following exhaustive, but rather provides a guide line on the first page of your response. suggestions helpful for preparing your for readers regarding entities likely to be 1. By mail. Submit your comments to: comments: affected by this action. Other types of Public Information and Records 1. Explain your views as clearly as entities not listed in the table could also Integrity Branch (PIRIB), Information possible. be affected. The North American Resources and Services Division 2. Describe any assumptions that you Industrial Classification System (7502C), Office of Pesticide Programs used. (NAICS) codes have been provided to (OPP), Environmental Protection 3. Provide copies of any technical assist you and others in determining Agency, 1200 Pennsylvania Ave., NW., information and/or data you used that whether or not this action might apply Washington, DC 20460. support your views. to certain entities. If you have questions 2. In person or by courier. Deliver 4. If you estimate potential burden or regarding the applicability of this action your comments to: Public Information costs, explain how you arrived at the to a particular entity, consult the person and Records Integrity Branch (PIRIB), estimate that you provide. listed under FOR FURTHER INFORMATION Information Resources and Services 5. Provide specific examples to CONTACT. Division (7502C), Office of Pesticide illustrate your concerns.
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6. Make sure to submit your methoxy-2-methyl-,2-(3,5- neurotoxicity study in rats, the comments by the deadline in this dimethylbenzoyl)-2-(1,1-dimethylethyl) developmental toxicity study in rats and notice. hydrazide in or on the raw agricultural the developmental toxicity study in 7. To ensure proper receipt by EPA, commodity stone fruits crop group and rabbits. Since no acute toxicological be sure to identify the docket control prunes at 5 and 7 parts per million endpoints were established, Rohm and number assigned to this action in the (ppm) respectively. EPA has determined Haas considers acute aggregate risk to be subject line on the first page of your that the petition contains data or negligible. response. You may also provide the information regarding the elements set Rohm and Haas used the Dietary name, date, and Federal Register forth in section 408(d)(2) of the FFDCA; Exposure Evaluation ModelTM (DEEM) citation. however, EPA has not fully evaluated V.7.075; Novigen Sciences, Washington, the sufficiency of the submitted data at II. What Action is the Agency Taking? DC) software for conducting a chronic this time or whether the data support dietary (food) risk analysis. DEEM is a EPA has received a pesticide petition granting of the petition. Additional data dietary exposure analysis system that is as follows proposing the establishment may be needed before EPA rules on the used to estimate exposure to a pesticide and/or amendment of regulations for petition. chemical in foods comprising the diets residues of a certain pesticide chemical of the U.S. population, including in or on various food commodities A. Residue Chemistry population subgroups. DEEM contains under section 408 of the Federal Food, 1. Plant metabolism. The qualitative food consumption data as reported by Drug, and Cosmetic Act (FFDCA), 21 nature of methoxyfenozide residues in respondents in the USDA continuing U.S.C. 346a. EPA has determined that plants and animals is adequately surveys of food intake by individuals this petition contains data or understood and was previously conducted in 1994–1996. Rohm and information regarding the elements set published in the Federal Register of Haas assumed 100% of crops would be forth in section 408(d)(2); however, EPA July 5, 2000 (65 FR 41355) (FRL–6496– treated and contain methoxyfenozide has not fully evaluated the sufficiency 5). residues at the tolerance level. The of the submitted data at this time or 2. Analytical method. An high following tolerance levels were used in whether the data support granting of the performance liquid chromotography the analysis: petition. Additional data may be needed using ultra-violet detection (HPLC/UV) method TR 34–00–109 for the before EPA rules on the petition. Tolerance level, enforcement of tolerances in stone fruits Commodity ppm List of Subjects has been developed. Confirmatory Environmental protection, method validation data have been Bulb vegetables 0.1 ppm Agricultural commodities, Feed submitted for this method. The additives, Food additives, Pesticides validated limit of quantitation (LOQ) of Corn, aspirated grain 1.0 ppm and pests, Reporting and recordkeeping the analytical method was 0.02 ppm in fractions requirements. all matrices for methoxyfenozide. Corn, field, forage 15 ppm Dated: May 11, 2001. 3. Magnitude of residues. Richard P. Keigwin, Jr., Acting, Geographically representative field Corn, field, grain 0.05 ppm trials with methoxyfenozide 80WP and Director, Registration Division, Office of Pesticide Programs. 2F formulations were conducted to Corn, field, stover 105 ppm support the proposed crop group (fodder) Summary of Petition tolerance for the stone fruit The petitioner summary of the representative crops peaches, plums and Corn, oil 0.2 ppm cherries. The results of the field trials pesticide petition is printed below as Corn, silage 5.0 ppm required by section 408(d)(3) of the indicate that residues of FFDCA. The summary of the petition methoxyfenozide will not exceed the Corn, sweet, forage 30 ppm was prepared by the petitioner and proposed crop group tolerance of 5.0 represents the view of the petitioner. ppm for stone fruits or 7.0 ppm for Corn, sweet 0.05 ppm EPA is publishing the petition summary prunes. (K+CWHR) verbatim without editing it in any way. B. Toxicological Profile The petition summary announces the Corn, sweet, stover 60 ppm The toxicological profile and (fodder) availability of a description of the endpoints for methoxyfenozide which analytical methods available to EPA for supports this petition to establish Cotton, undelinted 2.0 ppm the detection and measurement of the tolerances were previously published in seed pesticide chemical residues or an the Federal Register of July 5, 2000 (65 explanation of why no such method is Fat* 0.5 ppm FR 41355). needed. B. Aggregate Exposure Fruiting vegetables 2.0 ppm Rohm and Haas Company 1. Dietary exposure—i. Food. Acute Grapes 1.0 ppm 1F6259 exposure and risk. Acute dietary risk EPA has received a pesticide petition assessments are performed for a food- Head and stem bras- 6.5 ppm (1F6259) from Rohm and Haas use pesticide if a toxicological study has sica (5A) Company, 100 Independence Mall West, indicated the possibility of an effect of Herbs and spices 8 ppm Philadelphia, PA 19106–2399 concern occurring as a result of a 1–day proposing, pursuant to section 408(d) of or single exposure. No appropriate Leaf petioles (4B) 10.0 ppm the FFDCA, 21 U.S.C. 346a(d), to amend toxicological endpoint attributable to a 40 CFR part 180 by establishing a single exposure was identified in the Leafy brassica 20.0 ppm tolerance for residues of available toxicology studies on greens (5B) methoxyfenozide benzoic acid, 3- methoxyfenozide including the acute
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SUMMARY: CHRONIC DIETARY EXPO- concentration (GENEEC) and/or EPA’s Commodity Tolerance level, ppm SURE ANALYSIS BY DEEM (TIER 1) pesticide root zone model/exposure analysis modeling system (PRZM/ Leafy vegetables 25 ppm Exposure EXAMS) (both produce estimates of (4A) Population milligram/ Percent of pesticide concentration in a farm pond) subgroup kilogram/day chronic PAD are used to generate estimated Leaves of root and 0.1 ppm (mg/kg/day) tuber vegetables environmental concentrations (EECs) for U.S. popu- 0.0189 18.9 surface water and screening Legume vegetables 0.05 ppm lation—48 concentration in ground water (SCI- contiguous GROW) (an empirical model based upon Liver 0.4 ppm States actual monitoring data collected for a number of pesticides that serve as Meat* 0.02 ppm All infants 0.0315 31.5 benchmarks) predicts EECs in ground < ( 1–year) water. These models take into account Meat byproducts* 0.1 ppm the use patterns and the environmental (except liver) Nursing in- 0.0134 13.4 fants <1– profile of a pesticide, but do not include Milk 0.1 ppm year old consideration of the impact that processing raw water for distribution as Pome fruit 1.5 ppm Non-nursing 0.0368 36.8 drinking water would likely have on the infants <1– removal of pesticides from the source Prunes 7.0 ppm year old water. The primary use of these models at this stage is to provide a coarse screen Children 1 to 0.0376 37.6 Raisins 1.5 ppm 6 years old for assessing whether a pesticide is likely to be present in drinking water at Root and tuber 0.05 ppm Children 7 to 0.0216 21.6 concentrations which would exceed vegetables 12 years human health levels of concern. old A drinking water level of comparison Stone fruits 5.0 ppm (DWLOC) is the concentration of a * Of cattle, goats, hogs, horses, and sheep. Females 13+ 0.0156 19.1 pesticide in drinking water that would (nursing) be acceptable as a theoretical upper Processing factors were also applied U.S. popu- 0.0191 19.1 limit in light of total aggregate exposure to grape juice (1.2x), grape juice lation (au- to that pesticide from food, water, and concentrate (3.6x), apple juice/cider tumn sea- residential uses. HED uses DWLOCs (1.3x), apple juice concentrate (3.9x), son) internally in the risk assessment process dried apples (8x), dried pears (6.25x), as a surrogate measure of potential tomato juice (1.5x), tomato puree (3.3x), U.S. popu- 0.0190 19.0 exposure associated with pesticide tomato paste (5.4x), tomato catsup lation exposure through drinking water. In the (spring sea- absence of monitoring data for a (2.5x), dried tomatoes (14.3x), son) dehydrated onions (9x), white dry pesticide, the DWLOC is used as a point potatoes (6.5x), sprouted soybean seeds Northeast re- 0.0206 20.6 of comparison against the conservative (0.33x), corn grain sugar (high fructose gion EECs provided by computer modeling corn syrup; 1.5x), dried beef (1.92x), (SCI-GROW, GENEEC, PRZM/EXAMS). Western re- 0.0210 21.0 a. Acute exposure and risk. Because dried veal (1.92x), dried apricots (6.0x), gion no acute dietary endpoint was dried cherries (4.0x), cherry juice (1.5x), determined, Rohm and Haas concludes dried peaches (7.0x), dried plums (5.0x), Hispanics 0.0191 19.1 that there is a reasonable certainty of no and plum/prune juice (1.4x). The harm from acute exposure from drinking processing factors are default values Non-Hispanic/ 0.0249 24.8 non-white/ water. from DEEM. non-black b. Chronic exposure and risk. Tier II As shown in the following table, the screening-level assessments can be resulting dietary food exposures occupy Percent chronic PAD = (Exposure conducted using the simulation models up to 37.6% of the chronic population divided by chronic PAD) x 100%. SCI-GROW and PRZM/EXAMS to adjusted dose (PAD) for the most highly The subgroups listed are: generate EECs for ground and surface exposed population subgroup, children 1. The U.S. population (total). water, respectively. The modeling was 1 to 6 years old. These results should be 2. Those for infants and children. conducted based on the environmental 3. The other subgroup(s), if any, for profile and the maximum seasonal viewed as conservative (health which the percentage of the chronic application rate proposed for protective) risk estimates. Refinements PAD occupied is greater than that methoxyfenozide (1.0 lb ai/acre/season). such as use of percent crop-treated occupied by the subgroup U.S. PRZM/EXAMS was used to generate the information and/or anticipated residue population (total). surface water EECs, because it can factor values would yield even lower estimates 4. The most highly exposed of the the persistent nature of the chemical of chronic dietary exposure. females subgroups (in this case, females, into the estimates. (13+ years, nursing). The EECs for assessing chronic ii. Drinking water. There are no water- aggregate dietary risk used by HED are related exposure data from monitoring 6 parts per billion (ppb) (in ground to complete a quantitative drinking water, based on SCI-GROW) and 98.5 water exposure analysis and risk parts per billion (ppb) (in surface water, assessment for methoxyfenozide. based on the PRZM/EXAMS, long-term Generic expected environmental mean).The back-calculated DWLOCs for
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assessing chronic aggregate dietary risk aggregate exposure. Rohm and Haas subgroup. EPA generally has no concern range from 624 ppb for the most highly thus concludes with reasonable for exposures below 100% of the exposed population subgroup (children certainty that residues of chronic PAD, because it is a level at or 1 to 6 years old) to 2,839 ppb for the methoxyfenozide in drinking water will below which daily aggregate dietary U.S. population (48 contiguous States— not contribute significantly to the exposure over a lifetime will not pose all seasons). aggregate chronic human health risk and appreciable risks to the health and The SCI-GROW and PRZM/EXAMS that the chronic aggregate exposure from safety of any population subgroup. This chronic EECs are less than the Agency’s methoxyfenozide residues in food and risk assessment is considered high level of comparison (the DWLOC value drinking water will not exceed the confidence, conservative, and very for each population subgroup) for Agency’s level of concern (100% of the protective of human health. methoxyfenozide residues in drinking chronic PAD) for chronic dietary water as a contribution to chronic aggregate exposure by any population
DWLOC FOR CHRONIC EXPOSURE TO METHOXYFENOZIDE
Chronic PAD Food exposure Maximum water SCI-GROW (µg/ GENEEC 56–day Population subgroup exposure (mg/kg/ µ DWLOC (µg/L) (mg/kg/day) (mg/kg/day) day) L) Average ( g/L)
U.S. population–48 0.0189 0.0811 2,839 contiguous states
Females 13+ (nurs- 0.0191 0.0809 2,427 ing)
Non-nursing infants 0.10 0.0368 0.0632 6 98.5 632 <1–year old
Children 1 to 6 years 0.0376 0.0624 624 old
Children 7 to 12 0.0216 0.0784 784 years old Notes: Maximum water exposure (mg/kg/day) = chronic PAD (mg/kg/day) - chronic food exposure. DWLOC (µg/L) = (Maximum water exposure (mg/kg/d) x body weight (kg)) divided by (1/1,000 mg/µg x water consumed daily (L/day)). Body weights (kg) for adults is 70, for females 13+ is 60 kg and for all children is 10 kg. Drinking water consumption is 2 liters per day for adults and 1 liter per day for children.
2. Non-dietary exposure. E. Safety Determination designed to evaluate adverse effects on Methoxyfenozide is not currently 1. U.S. population. Using the DEEM the developing organism resulting from registered for use on any residential exposure assumptions described in this maternal pesticide exposure during non-food sites. Therefore, there is no unit, Rohm and Haas has concluded that gestation. Reproduction studies provide non-dietary acute, chronic, short- or aggregate exposure to methoxyfenozide information relating to effects from intermediate-term exposure. from food will utilize 18.9% of the exposure to the pesticide on the reproductive capability of mating D. Cumulative Effects chronic PAD for the U.S. population. The major identifiable subgroup with animals and data on systemic toxicity. Section 408(b)(2)(D)(v) requires that, the highest aggregate exposure is FFDCA section 408 provides that EPA when considering whether to establish, children 1 to 6 years old at 37.6% of the shall apply an additional ten-fold modify, or revoke a tolerance, the chronic PAD and is discussed below. margin of safety for infants and children Agency consider ‘‘available EPA generally has no concern for in the case of threshold effects to information’’ concerning the cumulative exposures below 100% of the chronic account for prenatal and postnatal effects of a particular pesticide’s PAD because the chronic PAD toxicity and the completeness of the residues and ‘‘other substances that represents the level at or below which data base unless EPA determines that a have a common mechanism of toxicity.’’ daily aggregate dietary exposure over a different margin of safety will be safe for EPA does not have, at this time, lifetime will not pose appreciable risks infants and children. Margins of safety available data to determine whether to human health. Despite the potential are incorporated into EPA risk methoxyfenozide has a common for exposure to methoxyfenozide in assessments either directly through use mechanism of toxicity with other drinking water, the aggregate exposure of a margin of exposure (MOE) analysis substances or how to include this is not expected to exceed 100% of the or through using uncertainty (safety) pesticide in a cumulative risk chronic PAD. Rohm and Haas concludes factors in calculating a dose level that assessment. Unlike other pesticides for that there is a reasonable certainty that poses no appreciable risk to humans. which EPA has followed a cumulative no harm will result from aggregate EPA believes that reliable data support risk approach based on a common exposure to methoxyfenozide residues. using the standard uncertainty factor mechanism of toxicity, 2. Infants and children. In assessing (UF) (usually 100 for combined methoxyfenozide does not appear to the potential for additional sensitivity of interspecies and intraspecies variability) produce a toxic metabolite produced by infants and children to residues of and not the additional ten-fold MOE/UF other substances. For the purposes of methoxyfenozide, EPA considered data when EPA has a complete data base this tolerance action, therefore, it is from developmental toxicity studies in under existing guidelines and when the assumed that methoxyfenozide does not the rat and rabbit and a 2–generation severity of the effect in infants or have a common mechanism of toxicity reproduction study in the rat. The children or the potency or unusual toxic with other substances. developmental toxicity studies are properties of a compound do not raise
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concerns regarding the adequacy of the ENVIRONMENTAL PROTECTION 84341. This EUP allows the use of 83 standard MOE/safety factor. AGENCY pounds of the herbicide dyers woad rust on 12 acres of rangeland to evaluate the The toxicology data base for [OPP–50885; FRL–6777–9] methoxyfenozide included acceptable control of dyers woad. The program is authorized only in the State of Utah. developmental toxicity studies in both Issuance of an Experimental Use The EUP is effective from March 1, 2001 rats and rabbits as well as a 2– Permit to March 1, 2002. generation reproductive toxicity study AGENCY: Environmental Protection Persons wishing to review this EUP in rats. The data provided no indication Agency (EPA). are referred to the designated contact of increased sensitivity of rats or rabbits ACTION: Notice. person. Inquiries concerning this permit to in utero and/or postnatal exposure to should be directed to the person cited methoxyfenozide. There is a complete SUMMARY: EPA has granted an above. It is suggested that interested toxicity data base for methoxyfenozide experimental use permit (EUP) to the persons call before visiting the EPA and exposure data are complete or are following pesticide applicant. An EUP office, so that the appropriate file may estimated based on data that reasonably permits use of a pesticide for be made available for inspection accounts for potential exposures. Based experimental or research purposes only purposes from 8 a.m. to 4 p.m., Monday on the completeness of the data base in accordance with the limitations in through Friday, excluding legal and the lack of prenatal and postnatal the permit. holidays. toxicity, EPA determined that an FOR FURTHER INFORMATION CONTACT: By Authority: 7 U.S.C. 136. additional safety factor was not needed mail: Barbara Mandula, Biopesticides and Pollution Prevention Division for the protection of infants and List of Subjects children. (7511C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Environmental protection, Since no acute toxicological Pennsylvania Ave., NW., Washington, Experimental use permits. endpoints were established, acute DC 20460. Office location, telephone Dated: May 2, 2001. aggregate risk is considered to be number, and e-mail address: 1921 negligible. Using the exposure Jefferson Davis Hwy., Rm. 9016, Crystal Janet L. Andersen, assumptions described in this unit, Mall #2, Arlington, VA; (703) 308–7378; Director, Biopesticides and Pollution Rohm and Haas has concluded that Prevention Division, Office of Pesticide e-mail address: Programs. aggregate exposure to methoxyfenozide [email protected]. from food will utilize 37.6% of the [FR Doc. 01–12902 Filed 5–22–01; 8:45 am] SUPPLEMENTARY INFORMATION: cPAD for infants and children. EPA BILLING CODE 6560–50–S generally has no concern for exposures I. General Information below 100% of the cPAD because the A. Does this Action Apply to Me? cPAD represents the level at or below ENVIRONMENTAL PROTECTION which daily aggregate dietary exposure This action is directed to the public AGENCY over a lifetime will not pose appreciable in general. Although this action may be [FRL–6982–8] risks to human health. Despite the of particular interest to those persons who conduct or sponsor research on potential for exposure to Massachusetts Marine Sanitation pesticides, the Agency has not methoxyfenozide in drinking water, Device Standard; Receipt of Petition attempted to describe all the specific Rohm and Haas does not expect the entities that may be affected by this Notice is hereby given that a petition aggregate exposure to exceed 100% of action. If you have any questions has been received from the State of the cPAD. Short and intermediate term regarding the information in this action, Massachusetts requesting a risks are judged to be negligible due to consult the designated contact person determination of the Regional the lack of significant toxicological listed for the individual EUP. Administrator, U.S. Environmental effects observed. Based on these risk Protection Agency, pursuant to section assessments, Rohm and Haas concludes B. How Can I Get Additional 312(f)(3) of Public Law 92–500 as that there is a reasonable certainty that Information, Including Copies of this amended by Public Law 95–217 and no harm will result to infants and Document and Other Related Public Law 100–4, that adequate children from aggregate exposure to Documents? facilities for the safe and sanitary methoxyfenozide residues. You may obtain electronic copies of removal and treatment of sewage from this document, and certain other related all vessels are reasonably available for F. International Tolerances documents that might be available the Three Bay/Centerville Harbor Area electronically, from the EPA Internet in the Town of Barnstable, County of There are no established or proposed Barnstable, State of Massachusetts, to Codex, Canadian or Mexican limits for Home Page at http://www.epa.gov/. To access this document, on the Home Page qualify as a ‘‘No Discharge Area’’ (NDA). residues of methoxyfenozide in/on plant select ‘‘Laws and Regulations,’’ The areas covered under this petition or animal commodities. Therefore, no ‘‘Regulations and Proposed Rules,’’ and include Cotuit Bay, West Bay, East Bay, compatibility issues exist with regard to then look up the entry for this document and Squaw Island Marsh, north of a line the proposed U.S. tolerances. under the ‘‘Federal Register— drawn 500 feet south of their mouths at [FR Doc. 01–12904 Filed 5–22–01; 8:45 am] Environmental Documents.’’ You can Nantucket Sound. The area also BILLING CODE 6560–50–S also go directly to the Federal Register includes the following sub-embayments: listings at http://www.epa.gov/fedrgstr/. North Bay, Prince Cove, Marstons Mills River South of Route 28, Scudder Bay II. EUP South of Bumps River Road, Bumps EPA has issued the following EUP: River East of Bumps River Road, 73417–EUP–1. Issuance. Greenville Centerville River West of Craigville Farms, 1689 N. 1200 E. Logan, Utah Beach Road, and Halls Creek South of
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Craigville Beach Road. The proposed generally limit use to vessels 25 feet and this notice of availability of the CPP to NDA encompasses approximately 2,150 under. In addition to the vessels that interested parties. The current CPP in surface acres in the Southwest corner in reside in the Three Bay/Centerville force for the Missouri Department of the Town of Barnstable. The area is Harbor Area, there is a transient Natural Resources (MDNR) is the 58 roughly bounded by: 41°36′40.0″ N by population estimated at 110 vessels page document entitled Continuing 70°26′41.1″ W, 41°37′26.9″ N by which have MSDs. Planning Process dated May 1984. By 70°19′05.4″ W, 41°38′19.8″ N by The resources of the Three Bay/ November 27, 2001 EPA will prepare a 70°19′21.9″ W, and 41° 39′03.2″ N— Centerville Harbor Area are recreational preliminary written summary of its 70°24′53.8″ W. and commercial. There are four public review of the CPP and will make that The State of Massachusetts has beaches, the Dead Neck Audubon Bird/ summary available upon request to certified that there will be two pump- Wildlife Refuge, and town conservation interested parties for their review and out facilities located within the lands located within the proposed No comment. There will be a 60 day proposed area to service vessels in the Discharge Area. The area is also used by comment period following the Three Bay/Centerville Harbor Area. The both recreational and commercial shell completed summary. Copies of the CPP first, is a pump-out boat operated by the fishermen for the harvest of quahogs, will be available beginning May 28, Harbormasters Office, and docked at the and soft-shell clams. 2001 by contacting the person listed in Oyster Harbor Marine when not in use. Comments and reviews regarding this the following FOR FURTHER INFORMATION The boat has a holding capacity of 300 request for action may be filed on or CONTACT section. Once available, copies gallons. The pump-out boat is available before June 22, 2001. Such of EPA’s preliminary written summary Wednesday through Sunday from 0930 communications, or requests for may also be requested. to 1630 (9:30 a.m.–4:30 p.m.) from information or a copy of the applicant’s Footnote—The Missouri Department Memorial Day to Thanksgiving. The petition, should be addressed to Ann of Natural Resources (MDNR) has pump-out boat is accessible by VHF Rodney, U.S. Environmental Protection acknowledged that the 1984 CPP needs marine radio via Channel 9 and by Agency—New England Region, 1 updating. The MDNR 2000 Water calling the Marine and Environmental Congress Street, Suite 1100, CWQ, Planning 604(b) grant contains a Affairs Division (MEAD) in Barnstable Boston, MA 02114–2023. Telephone: workplan element that calls for the at (508) 790–6273. The second pump- (617) 918–1538. review and revision of the current CPP, out facility is a self service trailer unit with a preliminary draft scheduled for Ira Leighton, and located at the Oyster Harbor May, 2001 and a final draft tentatively Marine, with a holding capacity of 250 Acting Regional Administrator, Region 1. scheduled for submission to the gallons, and provides access for vessels [FR Doc. 01–12890 Filed 5–22–01; 8:45 am] Missouri Clean Water Commission in up to 50 feet in length and a draft of 4 BILLING CODE 6560–50–P late 2001. This process is underway. feet at mean low water. This facility is When an official draft is made available available daily from June 15 through by MDNR for public review, this office ENVIRONMENTAL PROTECTION September 15 from approximately 0800 will likewise make it available for AGENCY to 1700 (8 a.m. to 5 p.m.). During the public review. EPA intends to review early spring and late fall this facility is [FRL–6983–7] and comment on the draft. available by contacting the FOR FURTHER INFORMATION CONTACT: Harbormaster Office by phone at (508) Notice of Availability for Public Review Robert Steiert, Water, Wetlands and 790–6273. and Comment of the Continuing The town of Barnstable maintains Pesticide Division, Geographic Planning Planning Process (CPP) for the State and Coordination Branch at (913) 551– public facilities at four locations, Loops of Missouri Beach, Craigville Beach, Covells Beach 7433 or by E-mail at and Dowse’s Beach, and are seasonal. In AGENCY: Environmental Protection [email protected] . addition the three marinas located Agency (EPA). Dated: May 16, 2001, within the proposed NDA provide on- ACTION: Notice of availability for public Nat Scurry, shore toilet facilities for marina patrons review and comment of the continuing Acting Deputy Regional Administrator, and their guests. planning process (CPP) for the State of Region VII. The waste from the pump-out boat is Missouri. [FR Doc. 01–13047 Filed 5–22–01; 8:45 am] off loaded to the trailer unit and then BILLING CODE 6560–50–P transported to the Barnstable Water SUMMARY: The Clean Water Act (the Act) Pollution Control Facility. The at section 303(e) and EPA’s Barnstable Board of Health issues a implementing regulation at 40 CFR ENVIRONMENTAL PROTECTION waste permit for this disposal. 130.5, require that each State shall AGENCY The number of mooring permits establish and maintain a continuing indicate that 1,667 vessels reside within planning process (CPP) consistent with [FRL–6983–1] the Three Bay/Centerville Harbor Area the Act. Each State is responsible for Clean Water Act Section 303(d): Final and 1584 are identified as recreational managing it’s water quality program to Agency Action on 11 Total Maximum and 83 are commercial vessels. The implement the processes specified in Daily Loads (TMDLs) and Final Agency Three Bay/Centerville Harbor Area is the CPP, and EPA is responsible for Action on 26 Determinations That primarily a ‘‘parking lot’’ harbor and periodically reviewing the adequacy of TMDLs Are Not Needed 70% of the vessel population is under the State’s CPP. This document is being 25 feet in length, and therefore do not published in accordance with paragraph AGENCY: Environmental Protection have any type of Marine Sanitation 3 of the settlement agreement in the Agency (EPA). Device (MSD). There are a number of matter of American Canoe Association, ACTION: Notice of availability. locations in the Three Bay/Centerville et al., v. EPA, No. 98–1195–CV–W– Harbor Area with public launching SOW–ECF Cons. with 98–4282–CV–W– SUMMARY: This notice announces final ramps, however, the size and condition SOW–ECF. Consistent with the agency action on 11 TMDLs prepared by of the ramps and the depth of the water settlement agreement, EPA is publishing EPA Region 6 for waters listed in
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Louisiana’s Mermentau and Vermilion/ the Sierra Club and Louisiana above, the TMDL written for Teche river basins, under section 303(d) Environmental Action Network subsegment 060205, as well as of the Clean Water Act (CWA). This (plaintiffs), filed a lawsuit in Federal subsegments 060301 and 060401, may notice also announces final agency Court against the United States be viewed at www.epa.gov/region6/ action removing 26 waterbody/pollutant Environmental Protection Agency water/tmdl.htm (click on ‘‘Finalized combinations from the Louisiana 303(d) (EPA), styled Sierra Club, et al. v. TMDL Reports * * *’’). list because new data/information Clifford et al., No. 96–0527, (E.D. La.). A TMDL for subsegment 050303 shows that water quality standards are Among other claims, plaintiffs alleged being met. EPA evaluated these waters that EPA failed to establish Louisiana (Bayou Castor) was written and and prepared the 11 TMDLs in response TMDLs in a timely manner. Discussion included in the same TMDL written for to a Court Order dated October 1, 1999, of the court order may be found at 65 subsegment 050301 (Bayou Nezpique) in the lawsuit Sierra Club, et al. v. FR 54032 (September 6, 2000). as referenced at 65 FR 19762–19764 of Clifford et al., No. 96–0527, (E.D. La.). the Federal Register published April 12, Under this court order, EPA is required EPA Takes Final Agency Action on 11 2000 as well as 65 FR 18087–18089 of to prepare TMDLs when needed for TMDLs the Federal Register published April 5, waters on the Louisiana 1998 section By this notice EPA is taking a final 2001. However, as no explicit reference 303(d) list by December 31, 2007. EPA agency action on the following 2 fecal was given to subsegment 050303 in is also required to add or delete waters coliform TMDLs for waters located either of the aforementioned notices, to the schedule as new data confirms within the Mermentau and Vermilion/ this notice is to serve as notice that the that waters are or are not meeting water Teche basins: TMDL is inclusive of subsegment quality standards. Documents from the A TMDL for subsegment 060205 050303. As cited in the Federal Register administrative record files for the 26 (Bayou Teche) was written and included notices described above, the TMDL determinations that TMDLs are not in the same TMDL written for written for subsegment 050303, as well needed and for the final 11 TMDLs, subsegments 060301 (of Bayou Teche) as subsegment 050301, may be viewed including TMDL calculations and and 060401 (also of Bayou Teche) as at www.epa.gov/region6/water/tmdl.htm responses to comments, may be viewed referenced at 65 FR 19762–19764 of the (click on ‘‘Finalized TMDL Reports at www.epa.gov/region6/water/ Federal Register published on April 12, * * *). tmdl.htm. The administrative record 2000 as well as 66 FR 18087–18089 of As comment on these TMDLs has files may be obtained by calling or the Federal Register published on April already been requested previously, no writing Ms. Caldwell at the above 5, 2001. However, as no explicit address. Please contact Ms. Caldwell to reference was given to subsegment further comment is requested. schedule an inspection. 060205 in either of the aforementioned Also by this notice EPA is taking a FOR FURTHER INFORMATION CONTACT: notices, this notice is to serve as notice final agency action on the following 9 Ellen Caldwell at (214) 665–7513. that the TMDL is inclusive of TMDLs for waters located within the SUPPLEMENTARY INFORMATION: In 1996, subsegment 060205. As cited in the Mermentau and Vermilion/Teche two Louisiana environmental groups, Federal Register notices described basins:
Subsegment Waterbody name Pollutant
050703 ...... White Lake ...... Total Dissolved Solids. 050703 ...... White Lake ...... Chloride. 060801 ...... Vermilion River—Headwaters To Bayou Fusilier Bourbeaux Junction Sulfate. to New Flanders. 060802 ...... Vermilion River—From New Flanders to Intracoastal Waterway ...... Sulfate. 060205 ...... Bayou Teche—Headwaters at Bayou Courtableau to I–10 ...... Sulfate. 060205 ...... Bayou Teche—Headwaters at Bayou Courtableau to I–10 ...... Chloride. 060201 ...... Bayou Cocodrie-from U.S. Hwy 167 to the Bayou Boeuf-Cocodrie Di- Total Dissolved Solids. version Canal (Scenic). 060206 ...... Indian Creek Reservoir ...... Temperature. 060202 ...... Bayou Cocodrie-Cocodrie Diversion Canal to its intersection with Total Dissolved Solids. Bayou Boeuf.
EPA requested the public to provide TMDLs at 65 FR 67742 (November 13, found at www.epa.gov/region6/water/ EPA with any significant data or 2000). The comments received and tmdl.htm. information that may impact the 9 EPA’s response to comments may be
FINAL AGENCY ACTION REMOVING 26 WATERBODY/POLLUTANTS FROM THE LOUISIANA 303(D) LIST BECAUSE TMDLS ARE NOT NECESSARY
Subsegment Waterbody description Pollutant Reason for delisting
050101 ...... Bayou Des Cannes—Headwaters to Oil & Grease ...... Assessment of new data and information Mermentau River. shows it is meeting WQS. 050103 ...... Bayou Mallet ...... Oil & Grease ...... Assessment of new data and information shows it is meeting WQS. 050201 ...... Bayou Plaquemine Brule-Headwaters to Oil & Grease ...... Assessment of new data and information Bayou Des Cannes. shows it is meeting WQS. 050901 ...... Mermentau River Basin Coastal ...... Oil & Grease ...... Assessment of new data and information shows it is meeting WQS.
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FINAL AGENCY ACTION REMOVING 26 WATERBODY/POLLUTANTS FROM THE LOUISIANA 303(D) LIST BECAUSE TMDLS ARE NOT NECESSARY—Continued
Subsegment Waterbody description Pollutant Reason for delisting
060802 ...... Vermilion River—from New Flanders (Ambas- Oil & Grease ...... Assessment of new data and information sador Caffery) Bridge at Hwy 3073 to Intra- shows it is meeting WQS. coastal Waterway. 060904 ...... Vermilion River—B890 Basin New Iberia Oil & Grease ...... Assessment of new data and information Southern Drainage Canal. shows it is meeting WQS. 060907 ...... Franklin Canal ...... Oil & Grease ...... Assessment of new data and information shows it is meeting WQS. 061101 ...... Bayou Petite Anse ...... Oil & Grease ...... Assessment of new data and information shows it is meeting WQS. 060804 ...... Intracoastal Waterway ...... Oil & Grease ...... Assessment of new data and information shows it is meeting WQS. 060901 ...... Bayou Petite Anse ...... Oil & Grease ...... Assessment of new data and information shows it is meeting WQS. 050402 ...... Lake Arthur and Lower Mermentau ...... Oil & Grease ...... Assessment of new data and information shows it is meeting WQS. 050602 ...... Intracoastal Waterway ...... Oil & Grease ...... Assessment of new data and information shows it is meeting WQS. 050701 ...... Grand Lake ...... Oil & Grease ...... Assessment of new data and information shows it is meeting WQS. 050702 ...... Intracoastal Waterway ...... Oil & Grease ...... Assessment of new data and information shows it is meeting WQS. 050703 ...... White Lake ...... Oil & Grease ...... Assessment of new data and information shows it is meeting WQS. 060205 ...... Bayou Teche—Headwaters at Bayou Oil & Grease ...... Assessment of new data and information Courtableau to I–10. shows it is meeting WQS. 060212 ...... Chatlin Lake Canal and Bayou DuLac ...... Oil & Grease ...... Assessment of new data and information shows it is meeting WQS. 060701 ...... Tete Bayou ...... Oil & Grease ...... Assessment of new data and information shows it is meeting WQS. 060702 ...... Lake Fausse Point and Dauterive Lake ...... Oil & Grease ...... Assessment of new data and information shows it is meeting WQS. 060906 ...... Intracoastal Waterway ...... Oil & Grease ...... Assessment of new data and information shows it is meeting WQS. 060910 ...... Boston Canal and Associated Canals (Estua- Oil & Grease ...... Assessment of new data and information rine). shows it is meeting WQS. 061103 ...... Freshwater Bayou Canal ...... Oil & Grease ...... Assessment of new data and information shows it is meeting WQS. 050501 ...... Bayou Queue de Tortue—Headwaters to Oil & Grease ...... Assessment of new data and information Mermentau River. shows it is meeting WQS. 060902 ...... Bayou Carlin (Delcambre Canal)—Lake Oil & Grease ...... Assessment of new data and information Peigneur To Bayou Petite Anse (Estuarine). shows it is meeting WQS. 060803 ...... Vermilion River Cutoff ...... Oil & Grease ...... Assessment of new data and information shows it is meeting WQS. 061102 ...... Intracoastal Waterway ...... Oil & Grease ...... Assessment of new data and information shows it is meeting WQS.
EPA requested the public to provide ENVIRONMENTAL PROTECTION 1, 1999, in the lawsuit Sierra Club, et al. to EPA any significant data or AGENCY v. Clifford et al., No. 96–0527, (E.D. La.). Under this court order, EPA is required information that may impact the [FRL–6982–9] determination that 26 TMDLs are not to prepare TMDLs when needed for necessary at 66 FR 15472 (March 19, Clean Water Act Section 303(d): waters on the Louisiana 1998 section 2001). No comments were received. Availability of Total Maximum Daily 303(d) list by December 31, 2007. Dated: May 3, 2001. Loads (TMDLs) DATES: Comments on this TMDL must be submitted in writing to EPA on or Sam Becker, AGENCY: Environmental Protection before June 22, 2001. Acting Director, Water Quality Protection Agency (EPA). ADDRESSES: Comments on this TMDL Division, Region 6. ACTION: Notice of availability. should be sent to Ellen Caldwell, [FR Doc. 01–12886 Filed 5–22–01; 8:45 am] SUMMARY: This notice announces the Environmental Protection Specialist, BILLING CODE 6560–50–P availability for comment of the Water Quality Protection Division, U.S. administrative record file for one TMDL Environmental Protection Agency prepared by EPA Region 6 for waters Region 6, 1445 Ross Ave., Dallas, TX listed in Louisiana’s Mermentau and 75202–2733. For further information, Vermilion/Teche river basins, under contact Ellen Caldwell at (214) 665– section 303(d) of the Clean Water Act 7513. The administrative record file for (CWA). EPA prepared this TMDL in this TMDL is available for public response to a Court Order dated October inspection at this address as well.
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Copies of the TMDL and its respective SUPPLEMENTARY INFORMATION: In 1996, manner. Discussion of the court order calculations may be viewed at two Louisiana environmental groups, may be found at 65 FR 54032 www.epa.gov/region6/water/tmdl.htm the Sierra Club and Louisiana (September 6, 2000). or obtained by calling or writing Ms. Environmental Action Network EPA Seeks Comments on One TMDL Caldwell at the above address. Please (plaintiffs), filed a lawsuit in Federal contact Ms. Caldwell to schedule an Court against the EPA, styled Sierra By this notice EPA is seeking Club, et al. v. Clifford et al., No. 96– inspection. comment on the following TMDL for 0527, (E.D. La.). Among other claims, waters located within the Mermentau FOR FURTHER INFORMATION CONTACT: plaintiffs alleged that EPA failed to and Vermilion/Teche basins: Ellen Caldwell at (214) 665–7513. establish Louisiana TMDLs in a timely
Subsegment Waterbody name Pollutant
060204 ...... Bayou Courtableau—Origin to West Atchafalaya Borrow Pit Canal ...... Oil and Grease.
EPA requests that the public provide information shall have practical utility; OMB Control No.: 3060–XXXX. to EPA any water quality related data (b) the accuracy of the Commission’s Title: Sections 90.35(b)(2) and and information that may be relevant to burden estimate; (c) ways to enhance 90.175(b)(1). the calculations for this TMDL, or any the quality, utility, and clarity of the Form No.: N/A. other comments relevant to this TMDL. information collected; and (d) ways to Type of Review: New collection. EPA will review all data and minimize the burden of the collection of Respondents: Business or other for- information submitted during the public information on the respondents, profit; state, local or tribal government. comment period and revise the TMDL including the use of automated Number of Respondents: 3,800. collection techniques or other forms of Estimated Time Per Response: 1 hour. where appropriate. EPA will then Frequency of Response: One time information technology. forward the TMDL to the Court and the reporting requirement, third party DATES: Louisiana Department of Environmental Written comments should be disclosure requirement. Quality (LDEQ). LDEQ will incorporate submitted on or before June 22, 2001. If Total Annual Burden: 120 hours. the TMDL into its current water quality you anticipate that you will be Total Annual Cost: N/A. management plan. submitting comments, but find it Needs and Uses: The rules require Dated: May 3, 2001. difficult to do so within the period of applicants proposing to operate a land Sam Becker, time allowed by this notice, you should mobile radio station that have service advise the contact listed below as soon contours that overlap an existing land Acting Director, Water Quality Protection as possible. Division, Region 6. mobile station to obtain written ADDRESSES: [FR Doc. 01–12887 Filed 5–22–01; 8:45 am] Direct all comments to Judy concurrence of the frequency Boley, Federal Communications BILLING CODE 6560–50–P coordinator associated with the industry Commission, Room 1–C804, 445 12th for which the existing station license Street, SW., DC 20554 or via the Internet was issued, or the written concurrence to [email protected]. of the licensee of the existing station. FEDERAL COMMUNICATIONS FOR FURTHER INFORMATION CONTACT: For OMB Control No.: 3060–XXXX. COMMISSION additional information or copies of the Title: Public Safety—State Notice of Public Information information collection(s), contact Judy Interoperability Channels. Collection(s) Being Reviewed by the Boley at 202–418–0214 or via the Form No.: N/A. Internet at [email protected]. Type of Review: New collection. Federal Communications Commission SUPPLEMENTARY INFORMATION: Respondents: State, local or tribal May 14, 2001. OMB Control No.: 3060–XXXX. government. SUMMARY: The Federal Communications Title: Standards for Co-channel and Number of Respondents: 50. Commission, as part of its continuing Adjacent Channel Interference in the Estimated Time Per Response: .5 effort to reduce paperwork burden Land Mobile Radio Services. hour. Frequency of Response: One time invites the general public and other Form No.: N/A. reporting requirement. Federal agencies to take this Type of Review: New collection. Respondents: Business or other for- Total Annual Burden: 25 hours. opportunity to comment on the profit. Total Annual Cost: N/A. following information collection(s), as Number of Respondents: 19 Needs and Uses: This collection required by the Paperwork Reduction respondents. requires states to notify the FCC Act of 1995, Public Law 104–13. An Estimated Time Per Response: 40 regarding their intentions concerning agency may not conduct or sponsor a hours. administration of the interoperability collection of information unless it Frequency of Response: One time public safety channels. The requirement displays a currently valid control reporting requirement. will be used by Commission personnel number. No person shall be subject to Total Annual Burden: 760 hours. in determining which states will be any penalty for failing to comply with Total Annual Cost: N/A. responsible for the administrative and a collection of information subject to the Needs and Uses: The collection technical oversight of operations on the Paperwork Reduction Act (PRA) that requires frequency coordinators in the interoperability spectrum. does not display a valid control number. Land Mobile radio services to arrive at Comments are requested concerning (a) a consensus standard to be used to Federal Communications Commission. whether the proposed collection of determine co-channel and adjacent Magalie Roman Salas, information is necessary for the proper channel interference and to make a one Secretary. performance of the functions of the time report of these standards to the [FR Doc. 01–12993 Filed 5–22–01; 8:45 am] Commission, including whether the Commission. BILLING CODE 6712–01–P
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FEDERAL MARITIME COMMISSION Federal Maritime Commission an License Number: 12707N. application for licenses as Non-Vessel Name: Maritrans Inc. Notice of Agreement(s) Filed Operating Common Carrier and Ocean Address: 275 N. Central Avenue, Freight Forwarder—Ocean The Commission hereby gives notice Valley Stream, NY 11580. Transportation Intermediary pursuant to of the filing of the following Date Revoked: April 11, 2001. section 19 of the Shipping Act of 1984 agreement(s) under the Shipping Act of Reason: Surrendered License as amended (46 U.S.C. app. 1718 and 46 1984. Interested parties can review or voluntarily. CFR 515). obtain copies of agreements at the License Number: 2634. Persons knowing of any reason why Name: PLI, Inc. dba Procurement Washington, DC offices of the the following applicants should not Commission, 800 North Capitol Street, Logistics International. receive a license are requested to Address: 6101 Dixie Drive, Houston, N.W., Room 940. Interested parties may contact the Office of Transportation submit comments on an agreement to TX 77087. Intermediaries, Federal Maritime Date Revoked: February 28, 2001. the Secretary, Federal Maritime Commission, Washington, DC 20573. Commission, Washington, DC 20573, Reason: Failed to maintain a valid within 10 days of the date this notice Non-Vessel-Operating Common Carrier bond. appears in the Federal Register. Ocean Transportation Intermediary License Number: 4470. Agreement No.: 201098–001. Applicants Name: Tri-Pmex, Inc. Title: New Orleans/Carnival Terminal AIF Services, Inc., 8500 NW 30th Address: P.O. Box 891888, Temecula, Agreement. Terrace, Miami, FL 33122, Officer: CA 92589–1888. Parties: The Board of Commissioners of Roberto Lores, Jr. President Date Revoked: May 31, 1999. the Port of New Orleans Carnival (Qualifying Individual). Reason: Failed to maintain a valid Corporation. bond. Ocean Freight Forwarder—Ocean Synopsis: The proposed amendment Sandra L. Kusumoto, increases the improvements to the Transportation Intermediary Applicants Director, Bureau of Consumer Complaints facilities, increases Carnival’s and Licensing. Agency International Forwarding, Inc., obligation for use of the facilities and [FR Doc. 01–13060 Filed 5–22–01; 8:45 am] changes the term of the agreement. 8500 NW., 30th Terrace, Miami, FL BILLING CODE 6730–01–P The agreement will run until 33122, Officer: Roberto Lores, Jr. December 31, 2005. President (Qualifying Individual). Agreement No.: 201121. Dated: May 18, 2001. Title: New Orleans/Pacorini Terminal Bryant L. VanBrakle, Jr., FEDERAL RESERVE SYSTEM Agreement. Secretary. Parties: The Board of Commissioners of [FR Doc. 01–13061 Filed 5–22–01; 8:45 am] Change in Bank Control Notices; the Port of New Orleans Pacorini BILLING CODE 6730–01–P Acquisition of Shares of Bank or Bank USA, Inc. Holding Companies Synopsis: The proposed agreement is for The notificants listed below have a lease of the Alabo Street Wharf FEDERAL MARITIME COMMISSION Terminal Complex. The agreement applied under the Change in Bank runs through April 14, 2006. Ocean Transportation Intermediary Control Act (12 U.S.C. 1817(j)) and Agreement No.: 201122. License; Revocations § 225.41 of the Board’s Regulation Y (12 Title: Pacific Maritime Services CFR 225.41) to acquire a bank or bank Cooperative Working Agreement. The Federal Maritime Commission holding company. The factors that are Parties: SSA Ventures, Inc., SSA Pacific hereby gives notice that the following considered in acting on the notices are Terminals, Inc., COSCO Terminals Ocean Transportation Intermediary set forth in paragraph 7 of the Act (12 America, Inc. licenses have been revoked pursuant to U.S.C. 1817(j)(7)). Synopsis: The proposed agreement section 19 of the Shipping Act of 1984 The notices are available for provides for the joint ownership of (46 U.S.C. app. 1718) and the immediate inspection at the Federal Pacific Maritime Services, LLC, a firm regulations of the Commission Reserve Bank indicated. The notices providing container stevedoring, pertaining to the licensing of Ocean also will be available for inspection at terminal and related services in Long Transportation Intermediaries, effective the office of the Board of Governors. Beach , California. The agreement on the corresponding dates shown Interested persons may express their runs through June 30, 2011. below: views in writing to the Reserve Bank License Number: 4048F. indicated for that notice or to the offices Dated: May 18, 2001. Name: General Construction and of the Board of Governors. Comments By Order of the Federal Maritime Industrial Equipment, Inc. d/b/a Gencie. must be received not later than June 6, Commission. Address: 4800 East 79th Ave., Suite 2001. Bryant L. VanBrakle, 106, Miami, FL 33166. A. Federal Reserve Bank of St. Louis Date Revoked: November 8, 2000. Secretary. (Randall C. Sumner, Vice President) 411 [FR Doc. 01–13062 Filed 5–22–01; 8:45 am] Reason: Failed to maintain a valid bond. Locust Street, St. Louis, Missouri BILLING CODE 6730–01–P License Number: 14323F. 63166–2034: Name: Hefco International, Inc. d/b/a 1. Robert Shaw Owen, Alan Craig Owen, and Eric Lyle Owen, all of FEDERAL MARITIME COMMISSION Hefco International d/b/a Sea Viper Shipping. Gleason, Tennessee; to acquire Ocean Transportation Intermediary Address: 16725 Aldine Westfield, additional voting shares of Bancshares License; Applicants Houston, TX 77032. of Gleason, Inc., Gleason, Tennessee, Date Revoked: March 29, 2001. and thereby indirectly acquire Notice is hereby given that the Reason: Failed to maintain a valid additional voting shares of Bank of following applicants have filed with the bond. Gleason, Gleason, Tennessee.
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Board of Governors of the Federal Reserve proposed information collection, Proposal To Approve Under OMB System, May 17, 2001. including the validity of the Delegated Authority the Extension for Robert deV. Frierson, methodology and assumptions used; Three Years, Without Revision, of the Associate Secretary of the Board. c. Ways to enhance the quality, Following Reports [FR Doc. 01–12970 Filed 5–22–01; 8:45 am] utility, and clarity of the information to 1. Report title: Report of Selected BILLING CODE 6210–01–S be collected; and Balance Sheet Items for Discount d. Ways to minimize the burden of Window Borrowers. Agency form number: FR 2046. information collection on respondents, FEDERAL RESERVE SYSTEM OMB control number: 7100–0289. including through the use of automated Agency Information Collection Frequency: On occasion. collection techniques or other forms of Reporters: Depository institutions. Activities: Proposed Collection; information technology. Comment Request Annual reporting hours: 2,654 hours. DATES: Comments must be submitted on Estimated average hours per response: AGENCY: Board of Governors of the or before July 23, 2001. 0.75 hours for adjustment or extended Federal Reserve System. credit borrower; 0.25 hours for seasonal ADDRESSES: Comments, which should SUMMARY: credit borrowers. refer to the OMB control number or Number of respondents: 684. Background agency form number, should be Small businesses are affected. On June 15, 1984, the Office of addressed to Jennifer J. Johnson, General description of report: This Management and Budget (OMB) Secretary, Board of Governors of the information collection is required by delegated to the Board of Governors of Federal Reserve System, 20th and C sections 10B, 11(a)(2), and 11(i) of the the Federal Reserve System (Board) its Streets, NW., Washington, DC 20551, or Federal Reserve Act (12 U.S.C. 347b and approval authority under the Paperwork mailed electronically to 248(a)(2) and (i)) and individual Reduction Act, as per 5 CFR 1320.16, to [email protected]. respondent data are regarded as approve of and assign OMB control Comments addressed to Ms. Johnson confidential (5 U.S.C. 552(b)(4)). numbers to collection of information may be delivered to the Board’s Abstract: The Federal Reserve’s requests and requirements conducted or mailroom between 8:45 a.m. and 5:15 Regulation A, ‘‘Extensions of Credit by sponsored by the Board under p.m., and to the security control room Federal Reserve Banks,’’ requires that conditions set forth in 5 CFR 1320 outside of those hours. Both the Reserve Banks review balance sheet data Appendix A.1. Board-approved mailroom and the security control room in order to guard against inappropriate collections of information are are accessible from the courtyard discount window borrowing situations. incorporated into the official OMB entrance on 20th Street between Borrowers report certain balance sheet inventory of currently approved Constitution Avenue and C Street, NW. data for a period that encompasses the dates of borrowing. collections of information. Copies of the Comments received may be inspected in 2. Report title: Report of Terms of OMB 83–Is and supporting statements room M–P–500 between 9 a.m. and 5 Credit Card Plans. and approved collection of information p.m., except as provided in section instruments are placed into OMB’s Agency form number: FR 2572. 261.14 of the Board’s Rules Regarding public docket files. The Federal Reserve OMB control number: 7100–0239. Availability of Information, 12 CFR may not conduct or sponsor, and the Frequency: Semiannual. respondent is not required to respond 261.14(a). Reporters: Commercial banks, savings to, an information collection that has A copy of the comments may also be and loans, savings banks, and finance been extended, revised, or implemented submitted to the OMB desk officer for companies. on or after October 1, 1995, unless it the Board: Alexander T. Hunt, Office of Annual reporting hours: 75 hours. displays a currently valid OMB control Information and Regulatory Affairs, Estimated average hours per response: number. Office of Management and Budget, New 0.25 hours. Number of respondents: 150. Request for Comment on Information Executive Office Building, Room 3208, Washington, DC 20503. Small businesses are not affected. Collection Proposal General description of report: The The following information FOR FURTHER INFORMATION CONTACT: A Board is authorized to collect this collections, which are being handled copy of the proposed form and voluntary information collection (15 under this delegated authority, have instructions, the Paperwork Reduction U.S.C. 1646(b)). The data are not received initial Board approval and are Act Submission (OMB 83–I), supporting considered confidential. hereby published for comment. At the statement, and other documents that Abstract: This report was collected for end of the comment period, the will be placed into OMB’s public docket the last time as of January 31, 2000; it proposed information collections, along files once approved may be requested was discontinued prior to the July 2000 with an analysis of comments and from the agency clearance officer, whose reporting date pursuant to the Federal recommendations received, will be name appears below. Mary M. West, Reports Elimination and Sunset Act of submitted to the Board for final Federal Reserve Board Clearance Officer 1995 (Sunset Act) (Pub. L. 104–66). In approval under OMB delegated (202–452–3829), Division of Research December 2000, the Congress approved authority. Comments are invited on the and Statistics, Board of Governors of the the American Homeownership and following: Federal Reserve System, Washington, Economic Opportunity Act of 2000 (Act) a. Whether the proposed collection of DC 20551. Telecommunications Device that restored the reporting of this information is necessary for the proper for the Deaf (TDD) users may contact information collection, along with forty performance of the Federal Reserve’s Capria Mitchell (202) 872–4984, Board others. Title XI of the Act states that functions; including whether the Section 3003(a)(1) of the Sunset Act of Governors of the Federal Reserve information has practical utility; ‘‘shall not apply to any report required System, Washington, DC 20551. b. The accuracy of the Federal to be submitted under any of the Reserve’s estimate of the burden of the following provisions of law: * * *
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Section 8 of the Fair Credit and Charge U.S.C. 1831r–1(a)(1)) and may be given Unless otherwise noted, comments Card Disclosure Act of 1998 (15 U.S.C. confidential treatment upon request (5 regarding each of these applications 1637 note); * * *’’. Upon reinstatement, U.S.C. 552(b)(4)). must be received at the Reserve Bank this report will collect data on credit Abstract: These reporting, indicated or the offices of the Board of card pricing and availability from a recordkeeping, and disclosure Governors not later than June 15, 2001. sample of at least 150 financial requirements regarding the closing of A. Federal Reserve Bank of Chicago institutions that offer credit cards. The any branch of an insured depository (Phillip Jackson, Applications Officer) information will be reported to the institution are imposed by section 228 230 South LaSalle Street, Chicago, Congress and made available to the of the Federal Deposit Insurance Illinois 60690–1414: public in order to promote competition Corporation Improvement Act of 1991 1. Bank of Montreal, Toronto, Ontario, within the industry. (FDICIA). There is no reporting form Canada, and Bankmont Financial Corp., 3. Report title: Annual Report on associated with the reporting portion of Chicago, Illinois; to merge with First Status of Disposition of Assets Acquired this information collection; state National Bancorp, Inc., Joliet, Illinois, in Satisfaction of Debts Previously member banks notify the Federal and thereby indirectly acquire voting Contracted. Reserve by letter prior to closing a shares of First National Bank of Joliet, Agency form number: FR 4006. branch. The Federal Reserve uses the Joliet, Illinois. OMB control number: 7100–0129. information to fulfill its statutory 2. Harris Joliet Bankcorp, Inc., Frequency: Annual. obligation to supervise state member Chicago, Illinois; to become a bank Reporters: Banking holding banks. holding company by acquiring 100 companies. percent of the voting shares of First Annual reporting hours: 3,000 hours. Board of Governors of the Federal Reserve National Bancorp, Inc., Joliet, Illinois, Estimated average hours per response: System, May 17, 2001. and thereby indirectly acquire voting 5 hours. Jennifer J. Johnson, shares of First National Bank of Joliet, Number of respondents: 600. Secretary of the Board. Joliet, Illinois. Small businesses are affected. [FR Doc. 01–12971 Filed 5–22–01; 8:45 am] B. Federal Reserve Bank of Dallas General description of report: This BILLING CODE 6210–01–P (W. Arthur Tribble, Vice President) 2200 information collection is required (12 North Pearl Street, Dallas, Texas 75201– U.S.C. 1842(a) and 1843(c)(2)) and may 2272: be given confidential treatment upon FEDERAL RESERVE SYSTEM 1. Bank of DeSoto, N.A., Employee request (5 U.S.C. 552(b)(4)). Stock Ownership Trust, DeSoto, Texas; Abstract: Bank holding companies Formations of, Acquisitions by, and to acquire 38.43 percent of the voting that have acquired assets or shares Mergers of Bank Holding Companies shares of D Bancorp, Inc., DeSoto, through foreclosure in the ordinary Texas, and thereby indirectly acquire The companies listed in this notice course of collecting a debt previously voting shares of Bank of DeSoto, N.A., have applied to the Board for approval, contracted (DPC) are required to submit DeSoto, Texas. pursuant to the Bank Holding Company the report annually for assets or shares Act of 1956 (12 U.S.C. 1841 et seq.) Board of Governors of the Federal Reserve that have been held beyond two years (BHC Act), Regulation Y (12 CFR part System, May 17, 2001. from the acquisition date. The report 225), and all other applicable statutes Robert deV. Frierson, does not have a required format; bank and regulations to become a bank Associate Secretary of the Board. holding companies submit the holding company and/or to acquire the [FR Doc. 01–12969 Filed 5–22–01; 8:45 am] information in a letter. The letter assets or the ownership of, control of, or BILLING CODE 6210–01–S contains information on the progress the power to vote shares of a bank or made to dispose of such assets or shares bank holding company and all of the and also requests permission for a one- banks and nonbanking companies GENERAL ACCOUNTING OFFICE year extension to hold them, as owned by the bank holding company, applicable. The Federal Reserve may including the companies listed below. Commercial Activities Panel grant requests for up to three one-year extensions. This report is required The applications listed below, as well AGENCY: General Accounting Office. pursuant to the Board’s authority under as other related filings required by the ACTION: Notice of public hearing. the Bank Holding Company Act and Board, are available for immediate Regulation Y. The Federal Reserve uses inspection at the Federal Reserve Bank SUMMARY: Section 832 of the National the information to fulfill its statutory indicated. The application also will be Defense Authorization Act for Fiscal obligation to supervise bank holding available for inspection at the offices of Year 2001 requires the Comptroller companies. the Board of Governors. Interested General of the United States to convene 4. Report title: Notice of Branch persons may express their views in a panel of experts to study the transfer Closure. writing on the standards enumerated in of commercial activities currently Agency form number: FR 4031. the BHC Act (12 U.S.C. 1842(c)). If the performed by government employees to OMB control number: 7100–0264. proposal also involves the acquisition of federal contractors, a procedure Frequency: on occasion. a nonbanking company, the review also commonly known as ‘‘contracting out’’ Reporters: state member banks. includes whether the acquisition of the or ‘‘outsourcing.’’ This notice Annual reporting hours: 783 hours. nonbanking company complies with the announces the first of three public Estimated average hours per response: standards in section 4 of the BHC Act hearings to be held by the Commercial 2 hours for reporting requirements; 1 (12 U.S.C. 1843). Unless otherwise Activities Panel (‘‘the Panel’’). For the hour for disclosure requirements; 8 noted, nonbanking activities will be first hearing, the Panel is interested in hours for recordkeeping requirements. conducted throughout the United States. hearing views on the principles and Number of respondents: 226. Additional information on all bank policies that should govern decisions Small businesses are affected. holding companies may be obtained concerning whether particular functions General description of report: This from the National Information Center should be performed by the public information collection is mandatory (12 website at www.ffiec.gov/nic/. sector or the private sector.
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DATES: The Commercial Activities Panel NW, Washington, DC. The hearing will regarding outsourcing issues may be will hold a public hearing on June 11, begin at 9:00 a.m. The focus of this first sent via E-mail to [email protected]. 2001, beginning at 9:00 a.m. in the hearing will be the principles and Dated: May 18, 2001. Walsh-Reckord Hall of States at One policies underlying outsourcing. Jack L. Brock, Jr., Massachusetts Avenue, Washington, Specifically, the Panel is interested in Managing Director, Acquisition and Sourcing DC. Individuals or groups that wish to hearing views on the principles and Management, General Accounting Office. attend or participate in the hearing policies that should govern decisions [FR Doc. 01–13051 Filed 5–22–01; 8:45 am] should notify the Panel and submit concerning whether particular functions written summaries of their statements should be performed by the public BILLING CODE 1610–02–P by June 4, 2001. sector or by the private sector. Future ADDRESSES: Submit requests to attend or hearings will focus on other aspects of DEPARTMENT OF HEALTH AND participate in the hearing, written outsourcing. HUMAN SERVICES summaries of oral statements, and any Any party who would like to attend the hearing or make a presentation other relevant materials via E-mail to GENERAL SERVICES should contact William T. Woods at [email protected] or to the General ADMINISTRATION Accounting Office, Office of the General (202) 512–8214 or [email protected]. Counsel, Room 7476, 441 G St., NW, Those who wish to make presentations Guidelines for Public Access Washington, DC 20548. See at the hearing should submit written Defibrillation Programs in Federal SUPPLEMENTARY INFORMATION for other summaries of their oral statements via Facilities information about electronic filing. E-mail or regular mail as indicated in AGENCY: Office of Public Health and FOR FURTHER INFORMATION CONTACT: the ADDRESSES section by 5:30 p.m. on Science, Office of the Secretary, HHS William T. Woods, Project Director, June 4, 2001. The Panel will attempt to and Office of Governmentwide Policy, (202) 512–8214; E-mail: accommodate all interested parties who GSA. [email protected] respond before the deadline. Each presenter will have 3 to 5 minutes to ACTION: Notice of availability of SUPPLEMENTARY INFORMATION: Section make an oral statement at the hearing. guidelines. 832 of the Floyd D. Spence National Interested parties who would like to Defense Authorization Act for Fiscal make electronic presentations during SUMMARY: The Department of Health and Year 2001, Public Law 106–398, Oct. 30, the hearing must indicate their desire to Human Services (HHS) and the General 2000, directs the Comptroller General of do so by the June 4 deadline. More Services Administration (GSA) have the United States to convene a panel of detailed guidance on hearing worked collaboratively to develop the experts to study the policies and procedures will be provided to following guidelines, entitled procedures governing the transfer of presenters by E-mail in advance of the ‘‘Guidelines for Public Access commercial activities for the federal hearing. Any interested party may Defibrillation Programs in Federal government from government personnel submit full statements for inclusion in Facilities.’’ Theses guidelines were to a federal contractor. The Panel’s the hearing record by 5:30 p.m. on June prepared, in part, in response to a May study is to include a review of: (1) 15. The hearing will be transcribed. 19, 2000, Presidential Memorandum procedures for determining whether Two additional hearings currently are pertaining to the establishment of functions should continue to be planned outside of Washington, DC. A guidelines for the placement of performed by government personnel; (2) public hearing will be held in automated external defibrillators (AEDs) procedures for comparing the costs of Indianapolis, Indiana, on August 8, in Federal buildings. performing functions by government 2001, which will focus on alternatives In addition, the Department of Health personnel with the costs of performing to the public/private competitions and Human Services is publishing this those functions by federal contractors; conducted pursuant to OMB Circular A– notice pursuant to section 7 of the (3) implementation by the Department 76. Another public hearing will be held Healthcare Research and Quality Act of of Defense of the Federal Activities in San Antonio, Texas, on August 15, 1999, Public Law 106–129, 42 U.S.C. Inventory Reform (FAIR) Act of 1998 2001, and will address current processes 241 note, and section 247 of the Public (Pub. L. 105–270, 112 Stat. 2382, 31 under OMB Circular A–76 and the FAIR Health Service Act, 42 U.S.C. 238p (as U.S.C. 501 note); and (4) procedures of Act. Further information, including the added by section 403 of the Public the Department of Defense for public- exact locations and times of these Health Improvement Act, Public Law private competitions under Office of hearings, will be announced in a later 106–505). Management and Budget (OMB) Federal Register notice. In addition, a The guidelines provide a general Circular A–76. Formation of the Panel notice was issued on March 23, 2001 (66 framework for initiating a design was announced in the Federal Register FR 16245), seeking submission of public process for public access defibrillation on April 17, 2001 (66 FR 19786). By comments identifying significant (PAD) programs in Federal facilities and May 1, 2002, the Comptroller General sourcing issues, as well as references to provide basic information to familiarize must submit to Congress a report of the or copies of written materials related to facilities leadership with the essential Panel on the results of the study, these issues. The Panel will continue to elements of a PAD program. The including recommended changes with consider all such information received guidelines are not intended to regard to implementing policies and at any time. exhaustively address or cover all aspects enactment of legislation. of AED or PAD programs. They are During the course of its work, the Electronic Access and Filing aimed at outlining the key elements of Panel will hold several public hearings. This notice is available on GAO’s a PAD program so that facility-specific, Interested parties are invited to attend website at http://www.gao.gov under detailed plans and programs can be these hearings to provide their ‘‘Commercial Activities Panel.’’ developed in an informed manner. perspectives on sourcing issues. The Requests to participate in the hearing, FOR FURTHER INFORMATION CONTACT: first public hearing will be held on June electronic presentations, written Stanley C. Langfeld, Director, Real 11, 2001, in the Walsh-Reckord Hall of summaries of oral statements, full Property Policy Division (MPR), Room States at One Massachusetts Avenue, statements, and other submissions 6210, General Services Administration,
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1800 F Street, NW., Washington, DC (AED) use or PAD programs. Rather, it restored and fully recover. As the length 20405, telephone 202–501–1737. is aimed at providing sufficient of time between the onset of sudden Arrangements to receive the policy information to understand the basic key cardiac arrest and defibrillation guidelines in alternative format may be elements of a program and to launch an increases, the less the chance of made by contacting the named effective planning and implementation restoration of heart beat and full individual. process. There are numerous sources for recovery. In general, for every minute Dated: May 15, 2001. training and education programs as well that passes between the event and as model protocols that can be used at defibrillation, the probability of survival G. Martin Wagner, various stages in the planning. The decreases by 7 to 10 percent. After 10 Associate Administrator for Governmentwide required medical consultation can be minutes, the probability of survival is Policy, General Services Administration. obtained from Federal sources or private extremely low. The importance of rapid Arthur J. Lawrence, contractors. and positive intervention is reflected in Assistant Surgeon General, Acting Principal the American Heart Association’s 2.0 General Deputy Assistant Secretary for Health, (AHA)‘‘Chain of Survival’’ concept. Department of Health and Human Services. Over the past several years, advances Today’s AEDs are relatively Attachment—Guidelines for Public in technology have provided several inexpensive and usable by persons with Access Defibrillation Programs in innovative opportunities to prevent limited training. The advantage of well Federal Facilities, January 18, 2001 unnecessary disability and death. One structured PAD programs is that they of the most important of these advances provide better trained individuals and TABLE OF CONTENTS is the AED. The ease of use of AEDs by increase accessibility, and, as a result, the trained lay public has led to the increase the potential to reduce Section Section title increasing development of PAD response times and markedly increase programs. The decreased cost of the probability of survival and full 1.0 ...... Purpose. acquisition and upkeep of AEDs now recovery. 2.0 ...... General. makes it possible to increase further the The ‘‘Chain of Survival’’ is designed 3.0 ...... The Concept of Public Ac- cess Defibrillation (PAD). availability and access to these life- to optimize a patient’s chance for 4.0 ...... Establishing a PAD Program saving devices. survival of sudden cardiac arrest. There in a Federal Facility. Ventricular fibrillation (VF) is a are four links in the chain: early access, 5.0 ...... Designing a PAD Program. common arrhythmia leading to cardiac early cardiopulmonary resuscitation 6.0 ...... Selecting Your AEDs. arrest and death. VF is unorganized (CPR), early defibrillation, and early 7.0 ...... Medical Oversight of Your electrical activity of the heart, resulting advanced cardiac life support (ACLS). PAD Program. in producing no blood flow or pulse and Early access means that members of 8.0 ...... Legal Issues. which will lead to death. Defibrillation the community have been trained to 9.0 ...... Lay Responder/Rescuer is the only technique that is effective in quickly recognize possible cardiac arrest (LRR) Training. returning a heart in VF to its normal 10.0 ...... Placement of and Access to and that a mechanism for immediate AEDs. rhythm. Although defibrillation has communication of the event and 11.0 ...... Characteristics of Proper been shown to be effective in correcting activation of an EMS response is in AED Placement. this abnormality in most cases, up until place to assure that fully trained EMS 12.0 ...... Follow-Up After an AED is the advent of AEDs defibrillation has personnel and equipment can arrive Used. been a medical intervention only quickly at the scene. Early CPR by Attachment A Sample AED Protocol And available to be performed by bystanders provides ventilation and Response Order Elements. credentialed health professionals and circulation, ‘‘buying’’ precious minutes Attachment B Draft Summary Of Legisla- trained emergency medical service for EMS teams to arrive with a full set tive Activity By State As of personnel. While it is difficult to use an of ACLS equipment. The core concept of June 1, 2000. AED improperly, AEDs are not without the PAD strategy is to initiate CPR risks if used improperly. AEDs are promptly and bring the defibrillator and 1.0 Purpose prescription devices that are intended to a trained LayResponder/Rescuer (LRR) The primary purpose of these be operated only by individuals who into the incident sooner than a fully guidelines is to provide a general have received proper training and equipped EMS unit can be on location. framework for initiating a design within a system that integrates all The material in these guidelines is process for a public access defibrillation aspects from first responder care to based upon the recommendations, (PAD) program in Federal facilities. A hospital care. Hence, a significant programs, and literature on AEDs from secondary purpose is to familiarize emphasis on proper training and linkage the AHA and the American Red Cross Federal agencies with the essential (notification or transfer) to emergency (ARC), leaders in the encouragement of elements of such a program. The design medical services (EMS) systems is AED installation, training, and usage. of a PAD program in any Federal facility critical. The value of the AED The AHA and ARC cooperate with other will be unique, and depend on many technology is that an AED will not organizations in developing and factors, including the population energize unless an appropriate improving standards for AEDs. Users of demographics of the facility/Federal shockable cardiac rhythm is detected. this guidance should check the latest area, and size and location of the The efficacy of defibrillation is AHA, ARC, and National Safety Council facility/Federal area. The design process directly tied to how quickly it is (NSC) information for updates and/or and key elements of a PAD program administered. Although the outside changes in recommendations. cited in these guidelines are intended to limit of the ‘‘window of opportunity’’ in Special Note: As is the case in most provide a foundation upon which which to respond to a victim and take clinical developments, the science- individually tailored programs are rescue actions is approximately 10 supporting efficacy in controlled developed and implemented. minutes, the sooner the AED is utilized settings usually precedes evidence of This document is not intended to be within that time period, the more likely effectiveness when implemented large a comprehensive summary of all aspects it is that it will be effective and that a scale in real world settings. The science of automated external defibrillator patient will have a normal heart beat surrounding the effectiveness of AEDs,
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as well as the technology of AEDs would serve a large proportion of the • Review of New Technologies themselves, is evolving. community (a facility, a campus, etc.). It is important to emphasize that PAD For Federal agencies in GSA LRRs could quickly respond to, identify, programs are not isolated ‘‘one time controlled space, the Designated Official and treat a cardiac arrest patient and events.’’ PAD programs should be should take reasonable steps to assure activate the formal EMS system. reviewed on a regular basis and that a program’s supervising physician ‘‘Public access’’ to AEDs does not improved where possible. Additionally, reviews the facility’s program on a mean that any member of the public after every incident involving use of the regular basis in light of the most current who witnesses an event should be able PAD system, a thorough post-event scientific literature. The Designated to use an AED. ‘‘Public access’’ refers to review of system performance should be Official is the highest-ranking official of the accessibility of the device itself. undertaken. The skills of personnel who the primary occupant agency of a While AEDs are reasonably are potential responders and rescuers Federal facility; or, alternatively, a uncomplicated to use, the AED should should be refreshed and new personnel designee selected by mutual agreement be used only by persons who have trained. The program should make an of occupant agency officials (see 41 CFR received proper training and education effort to routinely and regularly assess 101–20.003(g)). AED programs should and who have been certified by a the operating state and condition of evolve based on the best available competent authority. Persons without AED and support equipment as well. science to assure the most efficient use these basic credentials should not use A key element in assuring that your of resources and the best outcomes the device. PAD program will be clearly understood possible. Federal sites implementing and will function well is the AED programs should strongly consider 4.0 Establishing a PAD Program in a development of standard operating coordinating with, and becoming a Federal Facility procedures (SOPs) for the major component of, organized research or Before establishing a program in a components of the program. SOPs, as evaluation efforts in their communities. facility, each agency should enlist the well as the program as a whole, should Assistance in determining if a facility is assistance of not only the personnel at be periodically revisited and revised eligible to participate in such an effort that location, but also local training, where appropriate. can be obtained through the National medical, and emergency response 5.0 Designing a PAD Program Heart, Lung, and Blood Institute, AHA, resources. These partnerships are American College of Emergency fundamental to any successful PAD Given the wide variation in Federal Medicine (ACEM) or the nearest program. In some instances, a facility work facilities, there will be significant research university/academic health may be large enough to have training, variation in the complexities associated center. medical, and emergency response with program design. Small, physically resources integral to Federal operations. compact offices will require different 3.0 The Concept of Public Access levels of planning and design than large, Defibrillation (PAD) For the most part, this will be the exception rather than the rule, but the multi-building facilities spread over Traditionally, EMS systems employ same principles apply. The more closely campus environments. Facility paramedic and emergency medical the PAD program is connected to such leadership should take steps to assure that all stakeholders, including those technician (EMT)—level personnel in resources and the more visibility and who are external to the facility, are conjunction with some level of support given to the program by the afforded the opportunity to participate involvement by community members, facility leadership, the more effective in planning and design. Although it is predominantly bystanders who are CPR and successful will be the program. trained. Most communities provide CPR Each PAD program should include the possible to have the full range of training opportunities either through a following major elements: planning and design activities local institution or via programs • Support of the Program by Agency performed via consultant or contract, it sponsored by units of a local or State/ Leadership should be kept in mind that the actual Territorial government. Until recently, • Training/Certifying and Retraining responders at a facility typically will be AEDs and other defibrillation devices Personnel in those who work there and that both have been brought to locations by the CardiopulmonaryResuscitation (CPR) individual employees’’ and unions’’ local EMS system. The size, cost, and and the Use of the AED and Accessories interests, in accordance with union complexity of these devices, as well as • Obtaining Medical Direction and contracts, should be considered in any other factors, have constrained their use. Medical Oversight process. Officials in the facility’s With recent advances in technology, • Understanding Legal Aspects management ‘‘chain of command’’ must many of the previous constraints have • Development and Regular Review have close involvement at every step, as been reduced or eliminated. of PAD and Operational Protocols specified for occupants of facilities Increasingly, AEDs are being deployed • Development of an Emergency under GSA custody and control in 41 in public facilities such as sports arenas, Response Plan and Protocols, Including CFR 101–20.103–4, entitled shopping malls, and airports, or in a Notification System to Activate ‘‘Occupancy Emergency Program.’’ police and fire units, thus potentially Responders While most Federal agencies’ facilities decreasing the time between cardiac • Integration with Facility Security are single tenant buildings or may have arrest and access to defibrillation. and Emergency Medical Services (EMS) several tenants under the clear However, optimal improvement in Systems command/leadership of a ranking survival from sudden cardiac arrest that • Maintaining Hardware and Support official, many GSA facilities contain occurs in a non-medical setting may Equipment on a Regular Basis and After multiple tenants that are not under the require a program that utilizes Each Use direction of a single agency official. 41 community ‘‘volunteer’’ lay responders • Development of Quality Assurance CFR 101–20.103, entitled ‘‘Physical or rescuers (non-medical LRRs), who and Data/Information Management protection and building security,’’ have been trained in CPR and in the Plans provides guidance on coordinating and appropriate use of AEDs. A • Development of Measurable implementing a comprehensive comprehensive, well integrated Performance Criteria, Documentation OccupancyEmergency Program. (The community approach to the use of AEDs and Periodic Program Review definition of ‘‘emergency’’ in this part
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(see 41 CFR 101–20.003(i)) includes AEDs. A prescription from a physician should be reviewed on a regular basis medical emergencies.) In facilities that overseeing the AED placement must (after each activation and/or on a regular are multi-tenant, special attention accompany the order before the AED basis) with changes made as needed should be paid to avoid confusion about manufacturer can accept the order and under the direction of the supervising decision-making processes and deliver the AED. Your procurement physician. These revised or re-certified authority for the development and office can assist in locating current protocols constitute new or renewed operation of a PAD program. It is contract information and prices. prescriptions. recommended that the Federal agencies In the future, additional products are 7.0 Medical Oversight of Your PAD in multi-tenant circumstances follow likely to receive approval for marketing Program the guidelines described in 41CFR 101– from the FDA. Program designers 20.103 to assure clarity of responsibility should take steps to confirm that all AEDs are medical devices that are to and accountability. devices that are acquired have received be used under the advice and consent of Because Federal law enforcement FDA marketing approval and that the a physician only by individuals with the officers routinely respond to use of AEDs in their respective facilities proper training and certification. emergencies within Federal properties fully complies with FDA labeling Therefore, medical oversight is an and are familiar with all sites within requirements. essential component of PAD programs. This oversight can be provided either by their jurisdiction and are required to be Special Note: AEDs are prescription first aid and CPR trained, it is devices. In a PAD program, plans and a facility’s own medical staff, such as a recommended that all Federal Police protocols that are approved by a supervising Health Unit, or contractor or through an Officers also receive the necessary physician are considered a prescription. The agency-wide designated Federal training in the use of AEDs. Federal selection of a particular AED and associated physician in accordance with state and agencies should also consider the equipment are integral components of a PAD local laws. It is best to seek medical security implications of training program. Once the physician has approved input from the very beginning of the contract guards in the use of AEDs since and signed-off on AED selection and design of your program. A physician placement, this becomes the authorizing should be involved as a consultant in all these guards have responsibilities to prescription for procurement of the device(s). guard entry points and other fixed posts aspects of the program, not only as the within a facility. The security Emergency response and AED usage program’s prescribing physician, but implications of contract guards protocols that are signed by a physician also as an active participant in all abandoning these posts during a are a prescription constituting legal aspects. medical emergency should be carefully ‘‘permission’’ for properly trained and Medical and physician oversight does considered in the development and certified individuals to use AEDs in a not mean that a physician is required to operation of a PAD program. particular manner as outlined in the be present to manage the PAD program We recommend that Automated protocol. Responders must be familiar on a day-to-day basis. However, it is External Defibrillator response orders be with and trained in the context of the prudent for facility leadership to included as part of each facility’s approved procedures in the facility and develop management and oversight Occupant Emergency Plan. See strictly adhere to these procedures when protocols of lay program overseers to ATTACHMENT A, entitled ‘‘SAMPLE an emergency occurs. assure that quality is consistently AED PROTOCOL AND RESPONSE The actual selection and procurement maintained. Physicians can be ORDER ELEMENTS.’’ of AEDs should be one of the last steps extremely helpful in assisting facility in the design of a facility’s PAD program leadership in linking their PAD program 6.0 Selecting Your AEDs and should be done under the guidance with the community at large and with Only commercially available AEDs and written authorization of the PAD appropriate EMS and hospital systems. that have been cleared for marketing by program’s supervising physician. The Additionally, a central role for the the Food and Drug Administration protocol for AED usage that is physician is conducting assessment of (FDA) should be considered for use in developed as part of a facility’s PAD the PAD system’s performance after the a PAD program. Prior to purchasing, it program is an integral part of the use of an AED, including review of the is important for facility leadership to physician’s prescription and serves as AED data and the electrocardiograph seek assistance in the selection of a the authorizing document for AED use. tracing of a victim. device for deployment in the facility. Protocols should be periodically 8.0 Legal Issues Because technology is developing quite reassessed in accordance with a regular rapidly, seeking the advice of an schedule of reviews as determined in Any PAD program should be individual or organization with current consultation with the PAD’s supervising reviewed by legal counsel to assure that knowledge about AEDs is essential. physician. A current protocol that takes the program, as designed, comports with Involving a medical oversight into consideration both new treatment all applicable Federal, State and local provider(s) is crucial. recommendations and any changes in authorities. PAD programs establish Additionally, as there are some the FDA labeling of the AED should be procedures for dealing with emergent differences in the devices currently on integrated into the PAD training and medical situations that present an the market, an expert can help to education and re-training programs. appreciable risk of serious bodily injury explain the relative advantages and Essentially, the protocols that are and death regardless of the degree of disadvantages of AEDs for your signed by the supervising physician set care exercised by those involved in particular location. Utilizing a single the medical standards and criteria for responding to the situation. These brand of AED within a facility will the operation of the PAD program and situations are often the subject of greatly simplify training, maintenance, all of its components. Systems operated regulation by various authorities. The and data management. It would be wise within the boundaries and criteria of risk of liability for failing to comport to contact local EMS personnel to seek these signed protocols are considered to with applicable regulations, and for acts their opinion and to clarify protocols be under a physician’s supervision, or omissions that result in harm, are with respect to equipment use. whether or not the physician is important and ever-present concerns Currently, there are Federal Supply physically present in the facility. As that should be addressed in the PAD Service (FSS) Supply contracts for noted in this guidance, PAD programs program. Though federal facilities
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generally are not subject to state and • Congress recently provided to properly operate an AED. It is local authority, federal law can additional protection from civil liability important for LRRs to be trained on the incorporate or adopt specific state and for AED use in the Public Health maintenance and operation of the local authorities or otherwise make Improvement Act, Public Law 106–505 specific AED model that will be used in them applicable to federal facilities. (November 13, 2000). Subtitle A of Title their PAD program. One of the most important legal IV of the Act, the Cardiac Arrest Some locales may wish to take an concerns with any PAD program will be Survival Act of 2000, provides persons additional step and organize their the potential liability of those who who use or attempt to use an AED, and responses around a team approach. The respond to the emergent situation, persons who acquire an AED, immunity recommended training course provides including, potentially, Federal from civil liability for harms resulting flexible training and will incorporate employees. The following principles from the use or attempted use of the elements of 2-person rescue techniques should be considered in developing a AED, subject to a number of important that accommodate a ‘‘response team’’ PAD program: exceptions. The statute provides a approach. • As a general rule, the Federal Tort default immunity only, however: the All PAD training programs should Claims Act, 28 U.S.C. sections 1346(b), federal immunity displaces a State rule include a component that descibes and 2671–80, (FTCA) immunizes Federal of decision only to the extent that State explains the facility specific program. employees acting within the scope of the has no statute or regulations that All retraining or refresher programs employment from personal liability for provide users or acquirers with should, likewise, include this most tortious conduct. Whether an immunity for civil liability arising from component to assure that LRRs are individual Federal employee was acting emergent use of an AED. The statute aware of the most current information within or without of the scope of his/her explicitly states that its provisions are regarding their specific PAD program. Training is not a one-time event. employ is, under the FTCA, determined not intended to waive any protections Leadership should seek to maintain and by the substantive law of the state where from liability for Federal officers and improve the LRRs’ skills and abilities. the act or omission occurred. Employees employees provided in the FTCA or Formal refresher training should be whose use of an AED is outside the Westfall Act. conducted at least every two years. scope of their employment may be Nothing in these guidelines or in any Computer-based programs and video eligible for federal representation, but PAD program established pursuant to teaching materials permit more frequent could be personally liable for any harm these guidelines should be read as review. Facility leadership should make that results from the use of the AED. creating a duty for Federal employees or contractors not otherwise existing under periodic contact with the AHA to assure • The liability of the Federal applicable state or Federal law to that advances in techniques and care are government for injuries caused by provide assistance to persons in medical incorporated into their PAD program, Federal employees acting within the distress. and training in them is promptly made scope of their employment is available to LRRs. It is recommended 9.0 Lay Responder/Rescuer (LRR) determined by the FTCA as well. The that LRR teams engage in periodic Training FTCA, provides that liability is ‘‘scenario’’ practice sessions to maintain determined according to the law of the Even in the case where large facilities their skills and rehearse protocols. place where the wrongful or negligent have self-contained emergency medical Facility leadership is urged to develop act or omission occurred. Under the services systems, it is still advisable to a vigorous approach to maintaining and FTCA, the Federal government is not devise a training program for LRRs. The improving skills. Thus, aside from liable for the wrongful acts of any greater the number of well trained LRRs formal annual re-certification, mock person who is not a ‘‘Federal that are available, the more effective a drills and practice sessions will be employee,’’ defined in 28 U.S.C. section PAD program will be. Overall important to maintain current 2671. effectiveness will be improved as the knowledge and a reasonable comfort • Under the FTCA, the United States number of personnel who are fully level among LRRs and/or teams. The is not liable for the wrongful acts of trained and willing to respond frequency of such sessions will vary government contractors. Thus, a PAD increases. As a general matter, in from facility to facility. Organizations program should consider reposing facilities where there are sufficient currently operating PAD programs responsibility for responding to numbers of personnel to permit in- routinely complete practice sessions on emergency medical situations on a house training programs, a routine a monthly to quarterly schedule. The contractor over which we do not training schedule should be established. intervals for conducting these exercises exercise day-to-day control. ThePAD An additional benefit of in-house should be established in consultation program should, however, include training is that training in groups that with the physician providing medical criteria to assure that the contractor has correspond closely with work groups oversight. the requisite expertise, training and tends to build a better sense of team and resources. responsibility than would individual, 10.0 Placement of and Access to AEDs • Many states have enacted separate training. While there is no single ‘‘formula’’ to legislation to provide some degree of Nationally recognized training determine the appropriate number, immunity to lay individuals who organizations such as the AHA, ARC, placement, and access system for AEDs, provide assistance to people in distress. and NSC, provide materials and there are several major elements that The laws are called ‘‘Good Samaritan’’ guidance through a variety of courses should be considered. However, all laws. Because these laws vary from state that include combined CPR and AED considerations are based upon (1) an to state, management of individual training. These programs provide optimal response time of 3 minutes or facilities should be aware of the law comprehensive materials for the training less and (2) assessing the level of risk in applicable to them. Attachment B of LRRs and are targeted toward a facility’s environment. Factors that (entitled ‘‘Draft Summary of Legislative providing lay persons all of the should be considered include: Activity by State as of June 1, 2000’’) is information and training necessary to • Response Time: The optimal a recent abstract of state/territorial competently assess the status of a response time is 3 minutes or less. This ‘‘Good Samaritan’’ laws. victim, administer CPR if necessary, and interval begins from the moment a
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person is identified as needing staff. Periodic ‘‘tours’’ of locations are and transport by appropriate medical or emergency care to when the AED is at recommended. EMS personnel. the side of the victim. Survival rates • A nearby telephone that can be 12.0 Follow-Up After an AED Is Used decrease by 7 to 10 percent for every used to call backup, security, EMS, or minute that defibrillation is delayed. 911 to be sure that additional help is All AEDs are equipped with a credit Therefore, it is recommended that dispatched. card size device (e.g., data card) or have Federal agencies train as many • Protocols should clearly address the capacity to internally store data for employees as possible on the use of procedures for activating local EMS later downloading, that will record and AEDs. personnel. These protocols should contain information about the patient’s • Demographics of the Facility’s include notification of EMS personnel heart rhythm, AED assessment Workforce: Leadership should examine of the quantity, brands, and locations of functioning, and the characteristics of the make up of the resident workforce. AEDs within the facility. This the shock(s) administered. Depending Because the likelihood of an event information will enhance dispatch and on the design of a particular PAD, the occurring increases with age, the EMS responder protocol, enabling AED will either accompany the victim consideration should be given to the age proper planning and scene management to the hospital or will be retained on site profile of the workforce. once EMS personnel arrive at the for the medical advisor of the PAD’s • Visitors: Facilities (including victim’s side. Equipment stored in a review. The proper disposition of the Federal areas, such as Wilderness Areas manner in which the removal of the AED and its electronic recorder module and National Parks) that host large AED automatically notifies security, must be addressed in a PAD program’s numbers of visitors are more likely to EMS, or a central control center is ideal. protocols. After an event, the PAD medical experience an event, and an appraisal of • Where automatic notification of the director should be promptly notified, the demographics of visitors should be opening of an AED storage cabinet or and a review and assessment of included in an assessment. removal of an AED from a cabinet is not • performance should be performed. This Specialty Areas: Facilities where implemented, emphasis should be process is best led by the PAD’s strenuous work is conducted are more placed on notification procedures and physician overseer. A copy of the full likely to experience an event. equipment placement in close proximity report should be provided to and Additionally, specialty areas within to a telephone. reviewed by the Designated Official and facilities such as exercise and work out Equipment To Be Placed With AEDs any other authorities, as required by rooms should be considered to have a state and local laws. higher risk of an event than areas where It is recommended that additional Incident reports and follow-up should there is minimal physical activity. items that may be necessary to a be performed as soon as possible, and • Physical Layout of Facility: successful rescue be placed into a bag restocking of supplies and returning the Response time should be calculated and be stored and accessible with the AED to service should be accomplished. based upon how long it will take for an AED. Keep in mind that CPR is an All aspects of the performance of the LRR with an AED walking at a rapid essential element of an effective rescue system, people, device, and protocols pace to reach a victim. Large facilities and that as a victim collapses, other should be addressed in a non- and buildings with unusual designs, physical injury may occur concurrently: • judgmental manner with an eye toward elevators, campuses with several A set of simplified directions for verifying or improving effectiveness and separate buildings, and physical CPR and the use of the AED to identify problem areas that must be • impediments all present unique Non-latex protective gloves (several resolved. Responsibility for each step challenges to LRRs. In some larger pairs in small, medium, and large sizes) should be clearly articulated in • facilities, it may be necessary to Appropriate sizes of CPR face protocols. The results of routinely incorporate the use of properly masks with detachable mouthpieces, scheduled and post event reviews equipped ‘‘golf cart’’ style conveyances plastic or silicone face shields should be shared and discussed with to accommodate time and distance (preferably clear), with one-way valves, facility management and other conditions. or other type of barrier device that can interested parties as deemed appropriate • Physical Placement of AEDs: be used in mouth to mouth resuscitation in a particular facility. Individuals with • Facilities that have large open areas Disposable razor to dry shave a responsibility for facility oversight are present unique challenges. victim in chest areas if needed, as well also responsible for the PAD program as a supply of 4x4 gauze pads to clear/ and should remain informed about their 11.0 Characteristics of Proper AED dry an area, to assure proper electrode- Placement program’s performance. to-skin contact Post event reviews should be arranged There are several elements that • A pair of medium size bandage or and conducted with sensitivity to issues contribute to proper placement of AEDs. blunt end scissors of medical and patient record The major elements are: • Spare battery and electrode pads confidentiality. As such, the physician • An easily accessible position (e.g., • Two biohazard or medical waste overseeing the PAD program should placed at a height so those shorter plastic bags for waste or for transport of conduct a thorough medical individuals can reach and remove, the AED should it become contaminated documentation review prior to the unobstructed access, etc.) • Pad of paper and writing tools ‘‘process’’ evaluation that will be • A secure location that prevents or • One absorbent towel conducted by or for individuals with minimizes the potential for tampering, In large or complex facilities, access responsibility for facility management. theft, and/or misuse, and precludes routes should be given careful The physician should be charged with access by unauthorized users. consideration. Such facilities may assuring that privileged or confidential Facilities should take additional steps demand the use of a designated patient information is shielded. to assure that an AED has not been responder or team approach, in which at An essential post-event consideration stolen or improperly removed. least one responder has keys or passes is the psychological effect on LRRs and • A location that is well marked, to allow for the use of a more direct or others. It is not at all uncommon for publicized, and known among trained elevator override key to expedite access LRRs, witnesses, and co-workers to have
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psychological or stress reactions to an obtain the AED unit closest to them or protocols (see Automated External event. These people may have both to the site of the emergency and proceed Defibrillation Treatment Algorithm) emotional and physical reactions that with it to the emergency site. until local EMS professionals arrive and need to be tended to, but for which (ii) (All other AED responders) go assume care of the victim. there is a reluctance to come forward to directly to the site of the emergency. Attachment B ask for help. Facility leadership has a Emergency Site Protocol positive obligation to pro-actively reach Draft Summary of Legislative Activity by out and offer help, affirming that such —Whichever AED responder arrives on State as of June 1, 2000 responses are normal and to a large the scene first will assess the victim. extent to be expected. Post-event If AED use is indicated, the AED 47 States Provide Limited Immunity for support is especially important in cases trained personnel will administer the Lay Responders where a rescue is unsuccessful. Post- AED and CPR according to 1. Alabama—6/99 event support should be available and established protocols (see Automated 2. Alaska—4/98 offered promptly after an event, and the External Defibrillation Treatment 3. Arizona—5/99 invitation to seek assistance should Algorithm). 4. Arkansas—2/99 remain open. This type of psychological —When the Health Unit Nurse is on the 5. California—7/99 care is best provided by trained scene, he/she shall be in charge of 6. Colorado—3/99 professionals with expertise in the area directing the activities until the local 7. Connecticut—10/98 of critical incident stress management. EMS arrives and assumes care of the 8. Florida—4/97 Provision of these psychological victim. 9. Georgia—3/98 services should be addressed in the PAD —Any additional AED responders shall 10. Hawaii—5/98 program design and protocols. assist with CPR, recording of data and 11. Idaho—3/99 time, notifications, crowd control, Attachment A.—Sample AED Protocol 12. Illinois—8/99 and Response Order Elements escorting of EMS, as needed. Any additional AED units will remain on 13. Indiana—2/99 Activation of the AED Response Team site as a back-up. 14. Iowa—2/98—*Administrative rules or regulations allow AED use by 2. Non-Health Unit Hours: 12 a.m. to 1. During Health Unit Duty Hours: 7 laymen and provide immunity 7 a.m. Monday through Friday, and All a.m. to 12 a.m. Monday through Friday; 15. Kansas—3/98 weekends and Federal holidays, the Hours Saturday and Sunday and Federal 16. Kentucky—2/2000 health center is closed. In any holidays. In any potentially life- potentially life-threatening cardiac threatening cardiac emergency: 17. Louisiana—6/99 emergency: (a) The first person on the scene will: 18. Maryland—4/99 (a) The first person on the scene will: (i) Call the Security Console by 19. Massachusetts—11/99* strengthened (i) Call the Security Console by dialing, ‘‘0000’’ inform them of the 5/98 law dialing ‘‘0000’’ and inform them of the location and nature of the emergency. 20. Minnesota—3/98 location and nature of the emergency. (ii) Remain with the victim, send a co- 21. Michigan—11/99 (ii) Remain with the victim, send a co- worker to meet the emergency team at 22. Mississippi—3/99 worker to meet the emergency team at a visible location and escort to the site. 23. Missouri—3/98 a visible location and escort to the site. (e) Security Personnel immediately 24. Montana—4/99 (b) Security Personnel immediately upon receiving the call will: 25. Nebraska—4/99 upon receiving the call will: (i) Notify the AED response team by 26. Nevada—6/97 (i) Notify the AED response team by dialing the group notification number 27. New Hampshire—7/99 dialing the group notification number for the AED team pagers, enter the code 28. New Jersey—3/99 for the AED team pagers; Enter the code for the location of the emergency. 29. New Mexico—4/99 for the location of the emergency. (ii) Notify local EMS 911. 30. New York—8/98 (ii) Notify local EMS 911. (iii) Notify Federal Police Officer(s) to (iii) Inform the EMS operator of 31. North Dakota—3/99 meet the EMS personnel and escort location and nature of emergency and 32. Ohio—11/98 them to the site of the emergency. that an AED unit is on site. 33. Oklahoma—4/99 (iv) Notify Federal Police Officer(s) to (iv) Notify Federal Police Officer(s) to 34. Oregon—6/99 meet the EMS personnel and escort respond to the site and offer any 35. Pennsylvania—12/98 them to the site of the emergency. assistance needed (if staffing allows). 36. Rhode Island—95 (v) Notify Federal Police Officer(s) to (c) AED Responders immediately 37. South Dakota—2/00 respond to the site and offer any upon receiving the notification will: 38. South Carolina—6/99 assistance needed (if staffing allows). (i) (The team member previously 39. Tennessee—5/99* strengthened 5/98 (c) Health Unit Staff immediately designated to transport the AED unit) law obtain the AED unit closest to them or upon receiving the notification will 40. Texas—6/99 to the site of the emergency and proceed proceed directly to the scene with the 41. Utah—3/99 with it to the emergency site. Health Unit AED and other emergency 42. Vermont—5/00 equipment (2 nurses will respond if (ii) (All other AED responders) go directly to the site of the emergency. 43. Virginia—3/99 available). 44. Washington—6/98 (d) Other AED responders (iii) (Whichever AED responder 45. Wisconsin—7/99 immediately upon receiving the arrives on the scene first) assess the notification will: victim. If AED use is indicated, the AED 46. West Virginia—3/99 (i) (The team member previously trained personnel will administer the 47. Wyoming—3/99 designated to transport the AED unit) AED and CPR according to established BILLING CODE 6820–23–P
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[FR Doc. 01–12939 Filed 5–22–01; 8:45 am] BILLING CODE 6820–23–C
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DEPARTMENT OF HEALTH AND the Warm Springs Reservation of hazardous substances into the HUMAN SERVICES Oregon; and Yakama Indian Nation. environment from the Hanford Nuclear This announcement is limited to only Reservation. Agency for Toxic Substances and these tribes due to their proximity to the b. Develop an Environmental Health Disease Registry site and the pre-determined air pathway Plan (EHP) related to public health emissions affecting their respective needs resulting from exposures and [Program Announcement 01044] reservation. potential exposures to releases of Program To Build Capacity Among Note: Title 2 of the United States Code, hazardous substances into the American Indian Tribes Impacted by Chapter 26, Section 1611 states that an environment from the Hanford Nuclear Releases from the Hanford Nuclear organization described in section 501(c)(4) of Reservation. The EHP will build Tribal Reservation; Notice of Availability of the Internal Revenue Code of 1986 that capacity to address public health issues, engages in lobbying activities is not eligible Funds based on the outcomes of the needs to receive Federal funds constituting an assessment. The EHP can be part of or A. Purpose award, grant, cooperative agreement, spur the development of a Tribal contract, loan, or any other form. The Agency for Toxic Substances and Comprehensive Environmental Health Disease Registry (ATSDR) announces C. Availability of Funds Plan that addresses more general environmental health needs. the availability of fiscal year (FY) 2001 Approximately $450,000 is available funds for a cooperative agreement c. Based on activities in the EHP, in FY 2001 to fund approximately 9 actively engage with ATSDR in site- program to Build Capacity among awards. It is expected that the average American Indian Tribal Governments specific activities, including public award will be $50,000. It is expected health assessments, health impacted by releases from the Hanford that the awards will begin on or about Nuclear Reservation. The program consultations, community involvement, September 30, 2001, and will be made community health education, and addresses the ‘‘Healthy People 2010’’ for a 12-month budget period within a focus areas of Environmental Health, health outcome data education. project period of up to 5 years. Funding d. Develop Tribal capacity to assist in Health Communication, Mental Health estimates may change. the implementation and evaluation of and Mental Disorders, and Public Continuation awards within an health education activities for Tribal Health Infrastructure. approved project period will be made community members. The purpose of the program is to on the basis of satisfactory progress as e. Develop culturally appropriate address the Tribal public health issues evidenced by required reports and the health education materials for Tribal that result from hazardous substances in availability of funds. members, community members, Tribal the environment due to the Hanford health and environmental professionals Nuclear Reservation in the southeastern Use of Funds and paraprofessional, and other health area of Washington State. The program Funds may be expended for care providers working with native will focus on: (1) Building Tribal reasonable program purposes, such as communities. environmental health capacity (2) personnel, travel, supplies and services. f. Participate in and contribute to the addressing health issues from releases of Funds for contractual service may be Hanford Health Effects Subcommittee hazardous substances into the requested; the primary recipient of and Inter-Tribal Council on Hanford environment (3) develop culturally ATSDR funds must perform a Health Projects. appropriate health education materials substantive role in carrying out project g. Develop Tribal capacity to use and/or vehicles to engage Tribal activities and not merely serve as a toxicological databases and other community members in public health conduit for an award to another party or databases to continue to identify activities. provide funds to an ineligible party. toxicological issues. These awards are intended to enhance Equipment may be purchased with h. Identify environmental health the Tribes ability to collaborate with these funds; however, the equipment issues and tools necessary to benchmark ATSDR in conducting public health proposed should be appropriate and Tribal health to be included in the EHP. activities related to potential human reasonable for the activity to be i. Review and participate in ATSDR exposures from the Hanford Nuclear conducted. Equipment may be acquired public health assessment and Reservation. ATSDR understands that only when authorized, and the consultation activities. the nine Tribes eligible under this application should provide a program are sovereign nations, and that justification of need to acquire 2. ATSDR Activities each Tribe’s capacities and capabilities equipment, the description, and the cost a. Assist the recipient in developing are unique and different. To address the of purchase versus leasing. At the the Environmental Health Plan to build individual nature of Tribal issues, completion of the project, the Tribal capacity and address health ATSDR is prepared to work equipment will be returned to ATSDR. issues and identified releases of collaboratively with each Tribe hazardous materials into the D. Program Requirements individually to develop a unique environment from the Hanford Nuclear program to address each Tribe’s needs. In order to achieve the purpose of this Reservation. program, the recipient will be b. Assist in the development, B. Eligible Applicants responsible for the activities under 1. implementation, and evaluation of This program is directed only to the (Recipient Activities) and ATSDR will culturally competent health education following federally recognized be responsible for the activities listed materials/activities for Tribal American Indian Tribal Governments: under 2. (ATSDR Activities). community members. Coeur d’Alene Tribe; Coville c. Assist in the development of Confederated Tribes; Confederated 1. Recipient Activities community profiles using the results of Tribes of the Umatilla Indian a. Review and update the needs the needs assessment that has been Reservation; Kalispel Tribe; Kootenai assessment to verify knowledge, skills, developed by the Tribe. Tribe of Idaho; Nez Perce Tribe; and capabilities to address the health d. Provide support for Tribal Spokane Tribe; Confederated Tribes of issues as a result of releases of participation in the Hanford Health
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Effects Subcommittee and Inter-Tribal 1. Developed and administered 3. Final financial and performance Council on Hanford Health Projects. effective culturally competent measures reports, no more than 90 days after the e. Provide support and training to to engage community members in end of the project period. allow the Tribes to effectively interact environmental public health activities. Send all reports to the Grants and provide information for public Describe the ability to provide Management Specialist identified in the health assessments and consultations. environmental health education in a ‘‘Where to Obtain Additional ATSDR will identify and make available timely manner in response to Tribal Information’’ section of this appropriate training courses as issues which are specific to the Hanford announcement. resources permit. Nuclear Reservation. (10 Percent) The following additional f. Assist in the development and use 2. Described how the environmental requirements are applicable to this of toxicological information resources. health needs assessment that was program. For a complete description of g. Provide support for the completed under the previous each, see Attachment I in the coordination of activities between Tribal cooperative agreement announcement application kit. Governments and Federal and State will be used for environmental health. public health agencies. AR–7 Executive Order 12372 Review (10 Percent) AR–9 Paperwork Reduction Act E. Application Content 3. Outlined the activities to develop Requirements Use the information in the Program an Environmental Health Plan (EHP) AR–10 Smoke-Free Workplace Requirements, Other Requirements, and which includes; statement of the Requirements Evaluation Criteria sections to develop problem, methods of analysis, AR–11 Healthy People 2010 the application content. The application implementation strategies, AR–12 Lobbying Restrictions will be evaluated on the criteria listed, implementation and evaluation. Within AR–18 Cost Recovery so it is important to follow them in the plan, described the environmental AR–19 Third Party Agreements laying out the program plan. The health needs/issues of the Tribe and narrative should be no more than 20 explain the strategies in which the Tribe I. Authority and Catalog of Federal double-spaced pages, printed on one plans to resolve each need/issue. Domestic Assistance Number side, with one inch margins, and 12 Explained the ability of the Tribe to This program is authorized under point font. respond to environmental health needs/ section 104(i)(14)(15), and (17) of the issues. Specifically, demonstrated the F. Submission and Deadline Comprehensive Environmental Tribes’ ability to address health issues Response, Compensation and Liability Application that occur as a result of actual or Act [42 U.S.C. sections 9604(i)(14)(15), potential human exposures to hazardous and (17)], as amended. The Catalog of Submit the original and two copies of substances including methods to PHS 5161–1 (OMB Number 0937–0189). Federal Domestic Assistance number is analyze and evaluate toxicological, 93.236. Forms are available in the application community and environmental health kit and at the following Internet address: data/information. Ensure the Hanford J. Where To Obtain Additional www.cdc.gov/od/pgo/forminfor.htm. Nuclear Reservation is addressed in the Information On or before July 25, 2001, submit the EHP. (40 Percent) application to the Grants Management This and other ATSDR Specialist identified in the ‘‘Where to 4. Described the Tribes capability (or announcements can be found on the Obtain Additional Information’’ section inability) to carry out the proposed EHP. CDC home page Internet address— of this announcement. Describe the technical assistance needed http://www.cdc.gov. Click on ‘‘Funding’’ Deadline: Applications shall be to develop the EHP. Explain what then ‘‘Grants and Cooperative considered as meeting the deadline if additional items or issues you will have Agreements.’’ they are either: to address when developing the EHP. To obtain business management (a) Received on or before the deadline (20 Percent) technical assistance, contact: Nelda date; or 5. Described how the Tribe will Godfrey, Grants Management Specialist, (b) Sent on or before the deadline date resolve current problems of exposures of Grants Management Branch, and received in time for submission to hazardous substances in the Procurement and Grants Office, Centers the independent review group. environment related to the Hanford for Disease Control and Prevention, (Applicants must request a legibly dated Nuclear Reservation. (20 Percent) Room 3000, 2920 Brandywine Road, U.S. Postal Service postmark or obtain 6. Budget Justification (Not Scored)— Atlanta, GA 30341–4146, Telephone a legibly dated receipt from a The budget will be evaluated for the number: 770–488–2722, Email address: commercial carrier or U.S. Postal extent to which it is reasonable, clearly [email protected]. Service. Private metered postmarks shall justified, and consistent with the For program technical assistance, not be acceptable as proof of timely intended use of cooperative agreement contact: Dean Seneca, MPH, MCURP, mailing.) funds. The applicant should describe Coordinator, Office of Tribal Affairs, Late Applications: Applications and indicate availability of facilities and Agency for Toxic Substances and which do not meet the criteria in (a) or equipment necessary to carry out this Disease Registry, 1600 Clifton Road, NE (b) above are considered late project. (E–32), Atlanta, GA 30333, Telephone applications, will not be considered, number: 404–639–4507, Email address: H. Other Requirements and will be returned to the applicant. [email protected]. G. Evaluation Criteria Technical Reporting Requirements Dated: May 16, 2001. Each application will be evaluated Provide CDC with original plus two Georgi Jones, individually against the following copies of: Director, Office of Policy and External Affairs, criteria by an independent review group 1. Semi-annual reports; Agency for Toxic Substances and Disease appointed by ATSDR. 2. Financial status report, no more Registry. Evaluations will be based on the than 90 days after the end of the budget [FR Doc. 01–12940 Filed 5–22–01; 8:45 am] extent to which the applicant has: period; and BILLING CODE 4163–70–P
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DEPARTMENT OF HEALTH AND for a 12-month budget within a project announcement it will hold a HUMAN SERVICES period of up to 2 years. Funding competition for grant awards for three estimates are subject to change. (3) to five (5) projects. The federal share Agency for Toxic Substances and of project costs is expected to range Disease Registry D. Where To Obtain Additional Information from $150,000 to $250,000 per year for [Program Announcement 01108] a project period of three years. The Business management technical purpose of these projects is to enhance Soil-Pica, Soil-Ingestion and Health assistance may be obtained from: Nelda the leadership capacity of state and area Outcome Investigation Site-Specific Y. Godfrey, Grants Management agencies on aging to support elder rights Health Activities; Notice of Availability Specialist, Grants Management Branch, activities and to improve the quality and of Funds Procurement & Grants Office, Centers accessibility of the legal assistance for Disease Control and Prevention, provided to older people. A. Purpose Room 3000, 2920 Brandywine Road, The deadline date for the submission The Agency for Toxic Substances and Atlanta, GA 30341–4146, Telephone of applications is July 9, 2001. Public Disease Registry (ATSDR) announces Number: (770) 488–2722, E-mail and/or nonprofit agencies, the availability of fiscal year (FY) 2001 Address: [email protected]. organizations, or institutions are eligible funds for a cooperative agreement Program technical assistance may be to apply. To be considered for funding, program to conduct a site-specific obtained from: however, applicants must be activity health outcome investigation for Dave Campagna, Ph.D., Epidemiologist, experienced in providing support and the Vasquez Boulevard and I–70 (VBI70 Division of Health Studies, Agency for technical assistance on a nationwide site) in the Denver, Colorado metro area. Toxic Substances and Disease basis to states, area agencies on aging, This program addresses the ‘‘Healthy Registry, Executive Park, Building 4, legal assistance providers, ombudsmen, People 2010’’ priority area of Suite 1300, Atlanta, GA 30305, elder abuse prevention programs, and Environmental Health. Telephone Number: (404) 639–5144, other organizations interested in the The purpose of this program is: (1) To E-mail Address: [email protected]. legal rights of older individuals. determine if soil-pica and soil-ingestion Or Application kits are available by are potential sources of arsenic and lead Maggie Warren, Funding Resource writing to the U.S. Department of Health exposure in preschool children in a Specialist, Division of Health Studies, and Human Services, Administration on community where arsenic and lead Agency for Toxic Substances and Aging, Office of State and Community levels were found elevated in soil Disease Registry, 1600 Clifton Rd., Programs, 330 Independence Avenue, samples from residential yards and (2) NE., Mail Stop E–31, Atlanta, GA S.W., Room 4751, Washington, DC to identify cases of acute arsenic or lead 30333, Telephone Number: (404) 639– 20201, by calling 202/619–0067 or on poisoning in households with a high 5114, E-mail Address: [email protected]. the web at http://www.aoa.gov/t4/ contaminate level. Dated: May 16, 2001. fy2001. B. Eligible Applicants Georgi Jones, Dated: May 18, 2001. Norman L. Thompson, Assistance will be provided only to Director, Office of Policy and External Affairs, Agency for Toxic Substances and Disease The Colorado Department of Public Acting Principal Deputy Assistant Secretary Registry. for Aging. Health and Environment (CDPHE). No [FR Doc. 01–12941 Filed 5–22–01; 8:45 am] other applications are solicited. [FR Doc. 01–13010 Filed 5–22–01; 8:45 am] CDPHE is the most appropriate and BILLING CODE 4163–70–P BILLING CODE 4154–01–P qualified recipient to conduct the activities specified under this DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND cooperative agreement because: HUMAN SERVICES 1. CDPHE, as the lead public health HUMAN SERVICES agency in Colorado, has conducted prior Administration on Aging Centers for Disease Control and activities of this type (Globeville) in the Prevention Denver area. [Program Announcement No. AoA–01–05] 2. CDPHE has experience working [Program Announcement 01042] Fiscal Year 2001 Program with community based research in the Announcement; Availability of Funds Denver area and has an ongoing The Development and Implementation and Notice Regarding Applications relationship with the VBI70 community of the Directly-Observed Treatment, 3. The community and the AGENCY: Administration on Aging, HHS. Short-Course Strategy by the Private Sector in the Philippines;Notice of Environmental Protection Agency (EPA) ACTION: Request for applications for have requested that the study be National Legal Assistance and Elder Availability of Funds conducted this summer to capture peak Rights Projects to provide state and area A. Purpose exposure from outdoor activities. Prior agencies on aging and/or their legal soil arsenic levels ranged from 12–133 assistance providers with one or more of The Centers for Disease Control and mg/kg. The EPA’s removal action level the following services: (1) Case Prevention (CDC) announces the is 400 mg/kg. Prior soil lead levels consultations; (2) training; (3) provision availability of fiscal year (FY) 2001 ranged as high as 1,131. The EPA’s of substantive legal advice and funds for a cooperative agreement removal action level for lead is 200 mg/ assistance; and (4) assistance in the program for the development and kg. design, implementation, and implementation of the directly observed treatment, short-course (DOTS) strategy C. Availability of Funds administration of legal assistance delivery and elder rights advocacy by the private sector in the Philippines. Approximately $250,000 is available systems. This program addresses the ‘‘Healthy in FY 2001 to fund one award. It is People 2010’’ focus area of expected that the award will begin on or SUMMARY: The Administration on Aging Immunization and Infectious Diseases. about July 15, 2001, and will be made announces that under this program For a copy of ‘‘Healthy People 2010’’,
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visit the internet site: http:// resistant strains of TB. In addition, d. Implement and evaluate private- www.health.gov/healthypeople. despite success in the public sector sector DOTS models in subsequent The purpose of this program is two- health-care system, it is highly years. fold: (1) To develop several directly- unrealistic in the Philippines to expect Continuation awards within the observed treatment, short-course that the majority of persons seeking care project period will be made on the basis (DOTS) models designed for the private in the private sector health-care system of the following criteria: health-care system in years one and two; will seek care in the public sector (1) Satisfactory progress in meeting and (2) to implement and evaluate these health-care system or be referred to the project objectives; pilot approaches in years two and three public sector health-care system by their (2) Objectives for the new budget in a major urban area in the Philippines. private physicians if TB is suspected. period are realistic, specific, and Since there are no existing private- Although not a part of the World Health measurable; sector models for DOTS, this program Organization (WHO) DOTS strategy, the (3) Proposed changes in described will support the development, PDOH recognizes that the private-sector methods of operation, need for financial implementation and evaluation pilot must be included in TB control for support, and/or evaluation procedures DOTS models designed for the private DOTS to improve TB control in the will lead to achievement of project health-care system in a major urban area Philippines. objectives; and in the Philippines. (4) The budget request is clearly The elimination of tuberculosis (TB) B. Eligible Applicants justified and consistent with the in the United States (U.S.) is directly Applications may be submitted by linked to the control of TB in intended use of cooperative agreement public and private nonprofit funds. immigrants’ countries of origin. In 1999, organizations, universities, colleges, 43 percent of all TB cases were research institutions and hospitals 2. CDC Activities identified in persons who were born in currently located in the Philippines. a. CDC will provide assistance in the a foreign country; the Republic of the These entities should be distinct legal development and implementation of the Philippines was the second ranking organizations that are registered with private-sector DOTS models. These country of origin. the Philippines Security and Exchange might include: In a recent report, TB rates in the Commission. Philippines were determined to be some (1) participation in meetings and of the highest in the world. Given C. Availability of funds review of proposals to develop DOTS models. current U.S. immigration patterns, Approximately $68,000 is available (2) site visits before, during, and after direct technical assistance to the for FY 2001 to fund this award. The pilot implementation to provide training Philippines for improving TB control is award is anticipated to begin on or and assistance with the analysis and justified and considered essential by the about June 30, 2001 for a 12-month dissemination of lessons learned. Division of Tuberculosis Elimination budget period within a three-year (3) collaborative assistance in all (DTBE), Centers for Disease Control and project period. It is anticipated that aspects of the evaluation phase. Prevention (CDC) to meet medium and $100,000 will be available in FY 2002. long-term domestic mission targets. This (This second year funding will be E. Application Content support and assistance directly involves available after October 1, 2001.) Use the information in the Program the Philippines Department of Health However, this and funding for (PDOH). The PDOH is rapidly Requirements, Other Requirements, and subsequent years will be dependent on Evaluation Criteria sections to develop instituting the World Health satisfactory progress, independent Organization’s national case the application content. Your evaluation by DTBE and the United application will be evaluated on the management strategy to improve TB States Agency for International control. Directly observed treatment, criteria listed, so it is important to Development, and the availability of follow them in laying out your program short-course (DOTS), strategy calls for funds. (Funding amounts for subsequent (i) national political commitment, (ii) plan. The narrative should be written in years have not been finalized.) Funding English, follow the outline below and be passive case detection by smear estimates may change. microscopy, (iii) a standardized free-of- no longer than twelve double-spaced charge, short-course (six months) D. Program Requirements pages(excluding appendices and chemotherapy administered by direct In conducting activities to achieve the attachments) printed on one side, with observation (DOTS), (iv) a regular purpose of this program, the recipient 2.5 cm margins and 12 CPI font. supply of antituberculosis drugs, and (v) will be responsible for the activities 1. General Objective: one sentence an integrated reporting and evaluation under 1. (Recipient Activities), and CDC that describes the project. system. will be responsible for the activities 2. Background and Rationale: A brief DOTS has been demonstrated to be listed under 2. (CDC Activities). section of several paragraphs that effective when a significant proportion describe activities for the first two years. of the population has access. Currently, 1. Recipient Activities Describe the organization carrying out most people in the Philippines seek TB a. Develop several private-sector the proposal. Listing a plan for year care from the private sector health-care DOTS models and the related three is not necessary. system and continue to receive care in administrative infrastructure for TB 3. Proposed Models/Methods: this system. The incidence of TB is control in a large metropolitan area of Describe each of several models and the greater in urban areas than it is in rural the Philippines. plans to develop these models (one areas. Recent informal surveys suggest b. Collaborate with the PDOH, WHO, paragraph each). Describe the necessary that little of the private sector health USAID and other public and private- relationship with other key care delivery system utilizes the critical sector entities in the Philippines. organizations or industries required for components of DOTS. This leads to c. At the end of one year of funding, the implementation of each model. inadequate treatment, increased death identify and propose project activities to Include a time line in table format with and morbidity, increased transmission, implement and evaluate private-sector a separate brief timetable description for and increasingly the generation of drug DOTS models to the CDC. the first 12 months.
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4. Evaluation Plan: Briefly, discuss considered program evaluation (and not Health Service Act. The Catalog of the plan for monitoring progress toward a research activity) as determined by Federal Domestic Assistance Number is each of the objectives. NCHSTP/CDC. It is not anticipated that 93.947, TB Demonstration, Research, 5. Project Leaders: List project leaders a research activity will be funded from Public and Professional Education and their affiliations. Outside of the the support from this cooperative Projects. page limit, include letters of support. agreement. 6. Budget: Submit a brief line item 4. Appropriate qualifications, J. Where To Obtain Additional budget breakdown and narrative experience, leadership ability, and Information justification that is consistent with percentage of time project director will This and other CDC announcements program purpose and proposed commit to the project. (15 points) can be found on the CDC home page activities for year one. Include an 5. Appropriate qualifications, Internet address—http://www.cdc.gov. estimate of second year requirements. experience and description of how staff Click on ‘‘Funding’’ then ‘‘Grants and will be utilized in relation to the Cooperative Agreements.’’ F. Submission and Deadline activities to be performed to accomplish To receive additional written Submit the original and two copies of the work and their percentage of time to information and to request an the application PHS form 5161–1 (OMB be spent on the project; curriculum application kit, call 1–888-GRANTS4 Number 0937–0189). Forms are vitaes should be provided. (15 points) (1–888 472–6874). You will be asked to available at the following Internet 6. Budget: The extent to which the leave your name and address and will address: www.cdc.gov/...Forms, or in budget relates directly to project be instructed to identify the the application kit. On or before July 1, activities, is clearly justified, and is Announcement number of interest. 2001, submit the application to the consistent with intended use of funds. If you have questions after reviewing Grants Management Specialist The budget should include funds for (to the contents of all the documents, identified in the ‘‘Where to Obtain be included). (Not Scored) business management technical Additional Information’’ section of this H. Other Requirements assistance may be obtained from: Mattie announcement. B. Jackson, Grants Management Deadline: Applications shall be Technical Reporting Requirements Specialist, Grants Management Branch, considered as meeting the deadline if Provide the CDC with original and Procurement and Grants Office, Centers they are either: two copies of: for Disease Control and Prevention, (a) Received on or before the deadline 1. Annual progress reports. Progress 2920 Brandywine Road, Room 3000, date, or reports must include the following for Atlanta, GA 30341–4146, Telephone (b) Sent on or before the deadline date each program, function, or activity number: (770) 488–2696, Email address: and received in time for submission to involved: [email protected]. the objective review committee. a. a comparison of actual For program technical assistance, (Applicants must request a legibly dated accomplishments to the goals contact: Michael F. Iademarco, MD, U.S. Postal Service postmark or obtain established for the period; MPH or Michael L. Qualls, MPH, a legibly dated receipt from a b. the reasons for slippage if the Division of Tuberculosis Elimination, commercial carrier or U.S. Postal established goals are not met; and Centers for Disease Control and Service. Private metered postmarks shall c. other pertinent information Prevention, 1600 Clifton Road, Mailstop not be acceptable as proof of timely including, when appropriate, analysis E–10, Atlanta, GA 30333, Telephone mailing.) and explanation of unexpected high number:(404)639–8120, Email Late Applications: Applications costs of performance. addresses: [email protected] which do not meet the criteria in (a) or 2. Financial Status Report no more [email protected]. (b) above are considered late than 90 days after the end of first year Dated: May 17, 2001. applications, will not be considered, budget period; and and will be returned to the applicant. 3. Final financial and performance John L. Williams, reports no more than 90 days after the Director, Procurement and Grants Office, G. Evaluation Criteria end of the project period. Send all Centers for Disease Control and Prevention Each application will be evaluated reports to the Grants and Management (CDC). individually against the following Specialist identified in the ‘‘Where to [FR Doc. 01–12985 Filed 5–22–01; 8:45 am] criteria by an independent review group Obtain Additional Information’’ section BILLING CODE 4163–18–P appointed by CDC: of this announcement. 1. Extent to which the applicant The following additional demonstrates an understanding of the requirements are applicable to this DEPARTMENT OF HEALTH AND requirements, problems, objectives, announcement. HUMAN SERVICES complexities, and interactions required AR–4 HIV/AIDS Confidentiality of this project. (20 Points) Centers for Disease Control and Provisions Prevention 2. Degree to which the proposed AR–5 HIV Program Review Panel objectives are clearly stated, realistic, Requirements [Program Announcement 01134] time phased, and related to the purpose AR–9 Paperwork Reduction Act of this project. (20 points) Requirements Initiatives To Develop and Implement 3. Appropriateness and thoroughness AR–10 Smoke-Free Workplace Programs To Enhance Epilepsy Public of the workplan and time-line for Requirements Awareness and Partnership, administering this project. (30 points) AR–11 Healthy People 2010 Education, and Communication; Notice This cooperative agreement enables AR–12 Lobbying of Availability of Funds the development and pilot implementation of TB control programs I. Authority and catalog of federal A. Purpose in the private-sector in the Philippines. Domestic Assistance The Centers for Disease Control and The report and dissemination of This program is authorized under Prevention (CDC) announces the information and lessons learned are sections 301 and 307 of the Public availability of fiscal year (FY) 2001
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funds for a cooperative agreement 1. Recipient Activities 2. CDC Activities program for ‘‘Initiatives to Develop and a. Collaborate in planning, Implement Programs to Enhance The applicant shall conduct activities in one or more of the following three implementing, and evaluating strategies Epilepsy Public Awareness and and programs. Partnership, Education, and priority areas listed in the application b. Assist in the analysis and Communication.’’ This program instructions. interpretation of the evaluation phase of addresses the ‘‘Healthy People 2010’’ a. Partnership Building projects or programs. focus areas of Disability and Secondary c. Provide programmatic consultation Conditions. (1) Provide financial and personnel support to epilepsy affiliates/chapters to and guidance in support of the program. The purpose of this program is to facilitate building collaborative public d. Assist in the planning and conduct epilepsy programs to promote health partnerships with state and local implementation of linkages with local, public awareness and partnerships; to health departments. national, or international epilepsy provide epilepsy education for the organizations or agencies. general public and for health care (2) Provide financial and personnel providers; and to develop and enhance support to health related organizations E. Content (other than epilepsy affiliates/chapters) communication channels to allow for Use the information in the Program improved interaction and information to facilitate building collaborative partnerships. Requirements, Other Requirements, and sharing among those with epilepsy and Evaluation Criteria sections to develop their families, as well as those who (3) Expand ongoing communication the application content. Your advocate for persons with epilepsy and vehicles (i.e., listservs, web sites, application will be evaluated on the those who provide care and services for newsletters, conference calls, meetings) criteria listed, so it is important to persons with epilepsy, researchers, to facilitate problem solving and idea follow them in laying out your program public health specialists, and the sharing among organizations involved plan. The narrative should be no more general public. in collaborative activities to strengthen than 30 double-spaced pages, printed on programs to promote public awareness B. Eligible Applicants one side, with one inch margins, and of epilepsy, provide education for those unreduced font. The application should Assistance will be provided only to with epilepsy, the general public, and be organized in the following sections. for health care providers, and enhance private, non-profit 501(c)(3) 1. Executive Summary organization that is a national voluntary communication channels. health organization dedicated to b. Create Awareness/Improve Health Provide a clear, concise, and assisting persons with epilepsy. Communications objectively written statement of the Specifically, CDC was directed to major objectives and components of expand epilepsy surveillance, public (1) Expand a sustained multifaceted proposed activities, proposed time awareness activities, public and media relations outreach program. frame, and evaluation plan. Document provider education, prevention (2) Expand, implement and evaluate your organization’s national network by research, and activities to combat strategies to disseminate existing providing a list of your affiliate stigma. educational materials, particularly those locations. Also, include proof of your Note: Title 2 of the United States Code, that focus on teens with epilepsy, to non-profit status. those with epilepsy who are under Chapter 26, Section 1611 states that an 2. Existing Resources and Needs served. organization described in section 501(c)(4) of Assessment the Internal Revenue Code of 1986 that c. Consumer and Provider Education engages in lobbying activities is not eligible Describe the documented need for the to receive Federal funds constituting an (1) Expand the development or proposed activities and current award, grant, cooperative agreement, adaption, evaluation, and dissemination activities that provide relevant contract, loan, or any other form. of low-literacy epilepsy education experience and expertise to perform the proposed activities. C. Availability of Funds materials and/or educational materials for large minority groups (e.g., Hispanic, 3. Collaborative Relationships Approximately $1,300,000 is available Asian, American Natives, African in FY 2001 to fund one award. It is American). Describe collaborative relationships with other agencies and organizations expected that the award will begin on or (2) Develop, evaluate, and that will be involved in the proposed about September 30, 2001, and will be disseminate epilepsy self-management activities. made for a 12-month budget period materials delivered through traditional within a project period of up to five and/or alternative delivery mechanisms 4. Operational and Evaluation Plan years. Funding estimates may change. (i.e., Internet-based, CD ROM, other). Describe the specific outcome and Continuation awards within an (3) Develop appropriate training on process objectives for each proposed approved project period will be made selected epilepsy interventions with activity, the major steps required to on the basis of satisfactory progress as demonstrated cost-effectiveness with achieve the objectives, and a projected evidenced by required reports and the appropriate experts including timetable for completion that displays availability of funds. international organizations. dates for the accomplishment of specific D. Program Requirements (4) Develop, evaluate, and proposed activities. Describe how disseminate continuing medical achievement of outcome and process In conducting activities to achieve the education (CME) or CME and objectives, and program effectiveness purpose of this program, the recipient continuing education units (CEU) will be evaluated. will be responsible for the activities granting self study professional under 1. (Recipient Activities), and CDC education through alternative delivery 5. Management and Staffing Plan will be responsible for the activities mechanisms (i.e., Internet based, CD– Describe how the program will be listed under 2. (CDC Activities). ROM). effectively managed including:
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(a) Management structure including 3. Proposed Operational and Evaluation AR–10 Smoke-Free Workplace the lines of authority and plans for fiscal Plan: (35 points) Requirements control. The extent to which the applicant AR–11 Healthy People 2010 (b) The staff positions responsible for clearly identifies the specific outcome AR–12 Lobbying Restrictions implementation of the program. and process objectives for the proposed AR–14 Accounting System Requirements (c) Qualifications and experience of activities, and the major steps required AR–15 Proof of Non-Profit Status the designated staff. to meet the objectives; provides a realistic plan for involving others in the I. Authority and Catalog of Federal 6. Budget and Justification project; and proposes an evaluation plan Domestic Assistance Number that is likely to provide meaningful Provide a detailed budget request and This program is authorized under the line-item justification of all proposed information about the achievement of the projects. sections 301(a) and 317(k)(2) the Public operating expenses. Health Service Act, [42 U.S.C. 241(a) F. Submission and Deadline 4. Proposed Implementation Schedule: and 247b(k)(2)], as amended. The (10 points) Catalogue of Federal Domestic Submit the original and two copies of The extent to which the projected Assistance number is 93.283. PHS 5161–1 (OMB Number 0920–0428). timetable for completion of tasks and for Forms are available in the application J. Where To Obtain Additional meeting objectives is reasonable and Information kit and at the following Internet address: realistic. http://forms.pcs.gov This and other CDC announcements 5. Project Management and Staffing On or before July 7, 2001, submit the can be found on the CDC home page Plan: (15 points) application to the Grants Management Internet address—http://www.cdc.gov Specialist identified in the ‘‘Where to The extent to which the applicant Click on ‘‘Funding’’ then ‘‘Grants and Obtain Additional Information’’ section demonstrates management structure and cooperative Agreements.’’ of this announcement. staff positions with clear lines of Should you have questions after Deadline: Applications shall be authority and plans for fiscal control, reviewing the contents of all the considered as meeting the deadline if and that designated staff have documents, business management they are either: appropriate qualifications and assistance may be obtained from: experience. This includes: Michelle Copeland, Grants Management 1. Received on or before the deadline A. The proposed justification when Specialist, Grants Management Branch, date; or representation is limited or absent. Procurement and Grants Office, 2. Sent on or before the deadline date B. A statement as to whether the Announcement 01134, Centers for and received in time for submission to design of the study is adequate to Disease Control and Prevention, 2920 the independent review group. measure differences when warranted. Brandywine Road, Room 3000, Atlanta, (Applicants must request a legibly dated C. A statement as to whether the plans GA 30341–4146, Telephone: (770) 488– U.S. Postal Service postmark or obtain for recruitment and outreach for study 2686, E-mail: [email protected]. a legibly dated receipt from a participants include the process of For program technical assistance, commercial carrier or U.S. Postal establishing partnerships with contact: Mike Waller, Centers for Service. Private metered postmarks shall community(ies) and recognition of Disease Control and Prevention, not be acceptable as proof of timely mutual benefits. Division of Adult and Community mailing.) 6. Budget: (Not Scored) Health, National Center for Chronic Late: Applications which do not meet Disease Prevention and Health The extent to which the applicant the criteria in 1. or 2. above will be Promotion, 4770 Buford Highway NE, provides a detailed budget and returned to the applicant. Atlanta, GA, 30341–3717, Telephone: justification consistent with the (770) 488–5264,E-mail: [email protected]. G. Evaluation Criteria (100 Points) proposed program objectives and activities. Dated: May 17, 2001. Each application will be evaluated John L. Williams, H. Other Requirements individually against the following Director, Procurement and Grants Office, criteria by an independent review group Technical Reporting Requirements Centers for Disease Control and Prevention appointed by CDC. (CDC). Provide CDC with an original plus 1. Resources and Needs Assessment: (25 two copies of: [FR Doc. 01–12983 Filed 5–22–01; 8:45 am] points) 1. semiannual progress reports; BILLING CODE 4163–18–P 2. financial status report, no more The relevance of the needs assessment than 90 days after the end of the budget and extent to which the applicant period; and DEPARTMENT OF HEALTH AND demonstrates that current activities 3. final financial and performance HUMAN SERVICES provide experience and expertise for the reports, no more than 90 days after the Centers for Disease Control and proposed projects. end of the project period. Prevention 2. Collaboration: (15 points) Send all reports to the Grants Management Specialist identified in the [Program Announcement 01030] The extent to which the applicant ‘‘Where to Obtain Additional provides evidence of collaborative Information’’ section of this National Programs To Promote relationships with other agencies and announcement. Physical Activity Among Youth; Notice organizations relevant to successful The following additional of Availability of Funds completion of the proposed projects. requirements are applicable to this The extent to which the applicant program. For a complete description of A. Purpose documents their nationwide affiliate each, see Attachment I in the The Centers for Disease Control and network. application kit. Prevention (CDC) announces the
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availability of fiscal year (FY) 2001 Funding Priority activities and/or physical activity clubs, funds for cooperative agreement Priority will be given to national and interscholastic sports; daily recess programs for ‘‘National Programs to organizations that have constituencies periods for elementary school students; Promote Physical Activity Among that can have an influence on pre-teens and classroom health education that Youth’’. This program addresses the and those who influence pre-teens complements physical education). Examples of such tools include written ‘‘Healthy People 2010’’ focus area of including parents, teachers, coaches, materials and presentation materials ‘‘Physical Activity and Fitness.’’ school personnel, community leaders The purpose of the program is for (e.g., slides and other audiovisual aids, and teenagers. Public comments on the national organizations to become an answers to frequently asked questions), proposed Funding Priority are not being integral part of a broad national strategy and a Web site. solicited due to insufficient time prior to support projects that help schools (2) Develop, pilot-test, finalize, and to the funding date. and communities nationwide distribute tools that educate school implement activities and reinforce D. Program Requirements administrators and other decision- makers about the importance and key national youth media campaign In conducting activities to achieve the comments of a school physical activity messages that promote healthy activity, purpose of this program, the recipient program (i.e., quality, daily physical especially physical activity, among will be responsible for the activities education; extracurricular physical youth. These activities should target under 1 (Recipient Activities), and CDC youths ages 9 to 13 years old, their activity programs consisting of will be responsible for the activities intramural activities and/or physical parents and other primary care-givers, listed under 2 (CDC activities). and others who can influence pre-teens activity clubs, and interscholastic (e.g., teachers, coaches, school 1. Recipient Activities sports; daily recess periods for elementary school students; and personnel, community leaders, a. Link proposed activities with classroom health education that teenagers). Additional background established national youth media complements physical education) and information on CDC’s National Youth campaign messages, and activities that specific actions that they can take to Media Campaign and physical activity promote healthy activity, especially support school physical activity resources can be found in Appendix I physical activity, among youth. programs. Examples of such tools and Appendix II. Whenever possible, conduct proposed include written materials and B. Eligible Applicants activities in communities hosting presentation materials (e.g., slides and grassroots events to promote physical Assistance will be provided to other audiovisual aids, answers to activity as part of national youth media frequently asked questions). national organizations that are private campaigns. health, education, or social services (3) Develop, pilot-test, finalize, and b. Work with the media to promote distribute tools for assessing and agencies (professional or voluntary); school-and community-based youth qualify as a non-profit 501(c) (3) entity; evaluating student performance in physical activity programs and school physical education based on have affiliate offices or local, state, or activities. regional membership constituencies in a student achievement of the National c. Use existing media tools, including Standards for Physical Education. minimum of 10 states and territories; national youth media campaign tools and have the capacity and experience to Examples of such tools include and resources (as they become available) performance indicators, assessment assist their affiliates offices and to achieve program objectives. membership constituencies. Affiliate options, and scoring rubrics. d. Develop partnerships with media; (4) Develop, pilot-test, finalize, and offices and local, state, or regional businesses; national health, education, membership constituencies may not distribute tools to educate decision- and social services organizations; makers about the importance of apply in lieu of, or on behalf of, their federal agencies; and state and local parent national office. implementing state- and school district- education, health, and social services level systems to hold schools Note: Title 2 of the United States Code, agencies to reinforce national youth accountable for student achievement in Chapter 26, section 1611 states that an media campaign messages (as they organization described in section 501(c)(4) of school physical education based on the Internal Revenue Code of 1986 that become available). district, state, or national standards and engages in lobbying activities is not eligible e. Participate in an expert panel actions they can take to support and to receive Federal funds constituting an meeting on school-and community- establish physical education award, grant, cooperative agreement, based strategies for reinforcing and accountability systems. Examples of contract, loan, or any other form. supporting media messages including such tools include written materials and national youth media campaign presentation materials (e.g., slides and C. Availability of Funds messages, tools, and resources. other audiovisual aids, answers to Approximately $625,000 is available f. Support, develop, and implement frequently asked questions) that provide in FY 2001 to fund approximately five one or more of the following activities: background on school reform (e.g., awards. It is expected that the average (1) Develop, pilot-test, finalize, and standards-based education, school award will be $125,000, ranging from distribute tools to educate parents about accountability), strengths and $100,000 to $175,000. It is expected that the importance of physical activity to weaknesses of various models of the awards will begin on or about the health and well-being of youth, their accountability for school physical September 15, 2001, and will be for a role in promoting and supporting their education (e.g., state graduation exit 12-month budget period within a 24- child(ren) and other youth in being exams, state report cards) and specific month project period. Funding physically active, and engaging parent- examples of physical education estimates may change. teacher organizations in assessing and accountability models that currently Continuation awards within an improving the quality of a school’s exist in states and school districts. approved project period will be made physical activity program (i.e., quality, (5) Develop, pilot-test, finalize, and on the basis of satisfactory progress as daily physical education; distribute model professional staff evidenced by required reports and the extracurricular physical activity development sessions for physical availability of funds. programs consisting of intramural education teachers and other teachers
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assigned to teach physical education on activity among youth through increased 2. Capacity (No More Than 4 Pages) cutting-edge topics such as assessment public awareness/education (e.g., a. Describe the national organization’s of student performance in school media) and development and efforts and relevant experience that physical education, development and implementation of policies and support the promotion of healthy monitoring of personal physical activity programs. Partners could include activity, especially physical activity, for plans for students, and use of individuals, organizations, and agencies youth, including such factors as: technology in physical education. For that represent health, education, social (1) Current and previous experience each staff development topic, the model services, parks and recreation, related to the described problem and could include items such as goals/ transportation, and community design; need and the proposed activities; objectives and a ‘‘lesson plan’’ for the parents; youth; community members; (2) Current and previous experience staff development session; audiovisual business partners; media; and others related to publicizing, marketing, and aids; list of resources on the topic (e.g., who can promote policy changes that garnering media attention for programs national experts, books/materials, web can affect physical activity and activities, particularly efforts sites); talking points on key issues; participation. Written materials could related to the promotion of healthy answers to frequently asked questions; be developed and distributed to activity, especially physical activity, for and sample instructional materials, summarize the status of each coalition youth; techniques, lesson plans, and such as a description of their policy and (3) Current and previous experience assessments to support instruction in programmatic activities, members and related to communicating to/with physical education classes. partnerships, barriers and how they (6) Develop, pilot-test, finalize, and decision-makers and others who can were overcome, lessons learned, and influence youth such as their parents or distribute a model for offering future plans. intramural physical activities and/or other primary care-givers, teachers, physical activity clubs that appeal to all 2. CDC Activities coaches, school personnel, community leaders, and peers, particularly efforts students, particularly those who are not a. Provide programmatic consultation athletically gifted, with an emphasis on related to discussing the benefits of and guidance related to program addressing the needs and interests of healthy activity, especially physical planning, implementation, and pre-teen girls. The model could include activity, for youth; evaluation; assessment of program varied and innovative activities, student (4) Current and previous experience objectives; and dissemination of input into what activities are offered, related to coordinating/collaborating successful strategies, experiences, and and strategies to overcome barriers to with federal, state, and local evaluation reports. participation (e.g., lack of incentives for government agencies, and non- adult supervisors, transportation home b. Coordinate with national governmental organizations that work in after the activity, cost to students). organizations and state and local the areas of health, education, social (7) Support walk to school initiatives education agencies, as well as other services, and other relevant areas, (e.g., National Walk Our Children to relevant organizations and agencies, in particularly efforts related to the School Day, CDC’s KidsWalk-to-School planning and conducting national promotion of healthy activity, especially program) in various communities in strategies designed to encourage healthy physical activity, for youth; different regions of the country. Written activity, especially physical activity, to (5) Current and previous experience materials could be developed and promote healthy lifestyles and displace related to building and/or participating distributed to describe the initiatives of unhealthy, risky behaviors. in alliances, networks, or coalitions, the communities such as a description c. Assist with planning and particularly efforts related to the of the activity, amount and type of conducting an expert panel meeting of promotion of healthy activity, especially participation, leaders and partners, national organizations and state and physical activity, for youth. barriers and how they were overcome, local education agencies and other b. Describe the national organization’s lessons learned, and future plans. appropriate organizations, agencies, and constituents and affiliates as follows: (8) Develop, pilot-test, finalize, and individuals on school-and community- (1) Type of constituency; distribute a model for keeping school based strategies. (2) Number of constituents and physical activity facilities open outside affiliates; of school hours for use by community E. Content (3) Location of constituents and affiliates; members (particularly pre-teens, 9–13 Use the information in the Program (4) How the constituents and affiliates years old) for physical activity Requirements, Other Requirements, and work with or influence youths ages 9 to participation/programs. Evaluation Criteria sections to develop (9) Develop, pilot-test, finalize, and 13, their parents or other primary care- the application content. Your distribute a model for making givers, and other key influential adults application will be evaluated on the community-based youth physical in promoting healthy activity, especially criteria listed, so it is important to activity programs accessible to all youth physical activity; follow the criteria as you construct your (particularly pre-teens, 9–13 years old). (5) How the constituents and affiliates program plan. The narrative should be The model could include innovative work with decision-makers in no more than 20 double-spaced pages, approaches to overcoming barriers to discussing the benefits of healthy printed on one side, with one-inch youth participation in community activity, especially physical activity. margins, and unreduced font. physical activity programs such as lack 3. Operational Plan (No More Than 6 of incentives for adult supervisors, 1. Background and Need (No More Than Pages) transportation between home and 2 Pages) school and the programs, and cost to a. Goals. List goals that specifically participants. a. Describe the problem(s) being relate to completion of program (10) Support and provide technical addressed by the national organization’s requirements at the end of the one year assistance to state physical activity proposed activities. project period. coalitions to develop diverse b. Describe the need for the proposed b. Objectives: List objectives that are partnerships to promote physical activities nationally. specific, measurable, and feasible to be
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accomplished during the 12-month Campaign messages, tools, and the independent review group. budget period. The objectives should resources. (Applicants must request a legibly dated relate directly to the project goals and U.S. Postal Service postmark or obtain 6. Evaluation Plan (No More Than 2 recipient activities. a legibly dated receipt from a Pages) c. Describe in narrative form, and commercial carrier or U.S. Postal display on a timetable, specific Describe plans to evaluate progress in Service. Private metered postmarks shall activities that are related to each meeting objectives and conducting not be acceptable as proof of timely objective. Indicate when each activity activities during the budget period. mailing.) will occur as well as when preparations Specify what data will be obtained and Late Applications which do not meet for activities will occur. Also, indicate present a plan that includes how the the criteria in 1. or 2. above will be who will be responsible for each activity data will be obtained, prepared in a returned to the applicant. specific report(s), and used to improve and identify staff who will work on each G. Evaluation Criteria (100 Points) activity. the program. Indicate in the plan who will do what and when. Each application will be evaluated 4. Administration and Management (No individually against the following More Than 2 Pages) 7. Budget and Justification (No More Than 2 Pages) evaluation criteria by an independent a. Provide in the application review group appointed by CDC. Provide detailed budget and line-item appendices job descriptions for key staff justification for all operating expenses 1. Background and Need (10 points) who will work on the proposed that are consistent with proposed activities. The extent to which the applicant objectives and planned activities, b. Demonstrate that key personnel describes the problem(s) being including funds to travel at least one addressed by their proposed activities have the necessary background and staff person to a two-day expert panel qualifications for the proposed and the need for their proposed meeting in Atlanta, Georgia on school- activities nationally. responsibilities; ensure for each position and community-based strategies for the appropriate education and reinforcing and supporting National 2. Capacity (35 points) experience; and include curriculum Youth Media Campaign messages, tools, The extent to which the applicant vitae and letters of support from and resources. already-identified contractors (if demonstrates the capacity and ability of applicable) who will work on the F. Submission and Deadline their organization and constituency to proposed activities. influence pre-teens, their care-givers Letter of Intent (LOI) and promote healthy activity for youth, c. Provide an organizational chart that especially physical activity. The care- illustrates the national organization’s A LOI is requested for this program. givers, and others who can influence structure in regard to member/staff roles On or before June 1, 2001, fax the LOI pre-teens (e.g, teachers, coaches, school and positions. Describe lines of to the Grants Management Specialist personnel, community leaders, communication, accountability, identified in the ‘‘Where to Obtain teenagers). reporting, authority, and management Additional Information’’ section of this and control systems. announcement. The narrative should be 3. Operational Plan (30 points) no more than one double-spaced page, 5. Collaboration (No More Than 2 printed on one side, with one inch The extent to which the applicant: Pages) margins, and unreduced font. Your a. Identifies Goals. The extent to which the applicant has submitted goals Describe the types of proposed letter of intent will be used to enable the program to better estimate the number that are specific and feasible for the collaboration and the agencies and projected one year project period and organizations with whom collaboration of reviewers that will be required to review applications. The LOI should are consistent with program will be conducted. Examples of such requirements. activities include, but are not limited to: consist of a simple statement of the organization’s intention to apply. The b. Identifies Objectives. The extent to a. Coordinating or collaborating with which the applicant has submitted relevant agencies and organizations on information contained within the letter of intent will not be reviewed or used objectives for the one year budget period the development, dissemination, and that are specific, measurable, and implementation of the national as part of the application review process. feasible and are related directly to the organization’s proposed activities. program’s goals. b. Linking with national youth media Application c. Describes in narrative form, and on campaign messages and activities that Submit the original and two copies of a timetable, specific activities related to promote healthy activity, especially PHS 5161–1 (OMB Number 0920–0428). each objective. physical activity, among youth, and Forms are available in the application conducting pilot-testing of projects in 4. Administration and Management (10 kit and at the following Internet address: Points) communities hosting grassroots events http://forms.psc.gov. to promote youth physical activity as On or before July 15, 2001, submit the The extent to which the applicant part of national youth media campaign application to the Grants Management identifies staff that have the events. Specialist identified in the ‘‘Where to responsibility, capability, and authority c. Participating in teleconferences, Obtain Additional Information’’ section to carry out each activity, as evidenced workshops, and meetings with other of this announcement. by job descriptions, curriculum vitae, agencies and organizations to conduct Deadline: Applications will be organizational charts, and letters of national youth media campaign considered as meeting the deadline if support from already-identified activities. they are either: contractors (if applicable). d. Participating in an expert panel 1. Received on or before the deadline 5. Collaboration (10 Points) meeting on school and community- date; or based strategies for reinforcing and 2. Sent on or before the deadline date The extent to which the applicant supporting National Youth Media and received in time for submission to provides letters of commitment from
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proposed collaborators and partners, J. Where To Obtain Additional B. Eligible Applicants and describes how they will coordinate Information Applications may be submitted by or collaborate with relevant agencies This and other CDC announcements public and private nonprofit and organizations to conduct their can be found on the CDC home page organizations and by governments and proposed activities and integrate their Internet address http://www.cdc.gov. their agencies; that is, universities, proposed activities with national youth Click on ‘‘Funding’’ then ‘‘Grants and colleges, research institutions, hospitals, media campaign messages and activities Cooperative Agreements.’’ other public and private nonprofit that promote healthy activity, especially Cynthia Collins, Grants Management organizations, State and local physical activity, among youth. Specialist, Grants Management governments or their bona fide agents, 6. Evaluation Plan (5 Points) Branch, Centers for Disease Control including the District of Columbia, the Commonwealth of Puerto Rico, the The extent and method to which the and Prevention (CDC), Program Announcement 01031, 2920 Virgin Islands, the Commonwealth of applicant proposes to measure progress the Northern Mariana Islands, American in meeting objectives and program Brandywine Rd., Room 3000, MS E– 18, Atlanta, GA 30341–4146, Samoa, Guam, the Federated States of effectiveness, and presents a reasonable Micronesia, the Republic of the plan for obtaining data, reporting the Telephone number: 770–488–2757, Fax: 770–488–2820, Email: Marshall Islands, and the Republic of results, and using the results for Palau, federally recognized Indian tribal programmatic decisions. [email protected]. For program technical assistance, governments, Indian tribes, or Indian 7. Budget and Justification (Reviewed, contact: tribal organizations. But Not Scored) Mary Vernon-Smiley, Chief, Special Note: Title 2 of the United States Code, The extent to which the budget is Chapter 26, Section 1611 states that an Populations Program Section, organization described in section 501(c)(4) of reasonable and consistent with the Division of Adolescent and School the Internal Revenue Code of 1986 that purposes and activities of the program. Health, National Center for Chronic engages in lobbying activities is not eligible H. Other Requirements Disease Prevention and Health to receive Federal funds constituting an Promotion, Centers for Disease award, grant, cooperative agreement, Technical Reporting Requirement Control and Prevention (CDC), 4770 contract, loan, or any other form. Buford Highway, NE MS K–31, Provide CDC with the original plus C. Availability of Funds two copies of: Atlanta, GA 30341, Telephone 1. Annual progress reports. number: 770–488–6199, Email: Approximately $2,000,000 is available 2. Financial status report, no more [email protected]. in FY 2001 to fund approximately ten to twelve awards. It is expected that the than 90 days after the end of the budget Dated: May 17, 2001. period. average award will be $150,000, ranging John L. Williams, from $100,000 to $300,000. It is 3. Final financial report and Director, Procurement and Grants Office, performance report, no more than 90 expected that the awards will begin on Centers for Disease Control and Prevention or about September 30, 2001, and will days after the end of the project period. (CDC). Send all reports to the Grants be made for a 12-month budget period [FR Doc. 01–12984 Filed 5–22–01; 8:45 am] within a project period of up to three Management Specialist identified in the BILLING CODE 4163–18–P ‘‘Where to Obtain Additional years. Funding estimates may change. Information’’ section of this Continuation awards within an approved project period will be made announcement. DEPARTMENT OF HEALTH AND on the basis of satisfactory progress as The following additional HUMAN SERVICES requirements are applicable to this evidenced by required reports and the program. For a complete description of Centers for Disease Control and availability of funds. each, see Attachment I of the Prevention D. Program Requirements application kit. [Program Announcement 01110] In conducting activities to achieve the AR–7 Executive Order 12372 Review purpose of this program, the recipient AR–8 Public Health System Reporting Applied Research in Emerging will be responsible for the activities Requirement Infections Investigations of West Nile under 1. (Recipient Activities), and CDC AR–9 Paperwork Reduction Act Virus; Notice of Availability of Funds will be responsible for the activities Requirements listed under 2. (CDC Activities). AR–10 Smoke-Free Workplace A. Purpose Requirements The Centers for Disease Control and 1. Recipient Activities AR–11 Healthy People 2010 Prevention (CDC) announces the Develop and implement applied AR–12 Lobbying Restrictions availability of fiscal year (FY) 2001 research investigations on one or more AR–14 Accounting System funds for a cooperative agreement of the following topics: Requirements program for Applied Research in a. Determine the current and future AR–15 Proof of Non-Profit Status Emerging Infections Investigations of geographic distribution of WN virus. West Nile Virus. This program Utilize longitudinal laboratory-based I. Authority and Catalog of Federal addresses the ‘‘Healthy People 2010’’ surveillance systems for WN virus in Domestic Assistance Number focus area Immunization and Infectious humans, birds, other selected animals, This program is authorized under Diseases. and mosquitoes to determine the sections 301(a), 311(b) and (c), and 317 The purpose of the program is to geographic distribution of WN virus in (k)(2) [42 U.S.C. 241(a), 243 (b) and (c), provide assistance to organizations in the Western Hemisphere. and 247b(K)(2)] of the Public Health developing applied research efforts b. Determine the contribution of bird Service Act, as amended. The Catalog of pertaining to West Nile (WN) virus and migration to WN virus dispersal. Federal Domestic Assistance number is other arboviruses that occur in the Develop laboratory and field-based 93.938. United States (U.S.). systems to better understand avian
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dissemination of WN virus. Studies require detailed clinical studies of address, and telephone number of could include determining the confirmed human cases of WN virus contact person and (4) the applied frequency and duration of chronic avian infection. research investigation topic(s) selected infections that would allow the long h. Identify risk factors for WN virus for submission. Notification can be range transport and recrudescence of exposure and disease. Data on the risk provided by facsimile, postal mail, or viremias necessary to infect mosquitoes. factors associated with human and electronic mail (E-mail). c. Characterize WN virus mosquito animal infection with WN virus are Applications vector and vertebrate host relationships. required to develop more effective Analyze the vertebrate host and prevention strategies, particularly when Use the information in the Program mosquito vector relationships of WN educating the public to take specific Requirements, Other Requirements, and virus in the U.S. and the Western prevention measures to reduce exposure Evaluation Criteria sections to develop Hemisphere. Target selected species to infection. the application content. Your involved in maintenance, epidemic/ i. Characterize the genetics, application will be evaluated on the epizootic transmission cycles, or both to pathogenesis, virulence and possible criteria listed, so it is important to determine what effective prevention and direct transmission and persistence of follow them in laying out your program control strategies will be required. It is the North American strain of WN virus plan. The narrative should be no more critical that the principal species and as it compares to other WN viruses in than 25 double-spaced pages, printed on the range of these species be animal models and wildlife. Little is one side, with one inch margins, and determined. known about the pathogenesis of WN unreduced font. d. Characterize mosquito biology, virus in humans or other animals. 1. Abstract behavior, and vector competence for Investigate, to better understand, WN virus in the U.S. Investigate the whether genetic changes in WN viruses Provide a brief (two pages maximum) different vector species important in influence their phenotypic expression abstract of the project and specify the WN virus transmission in each (e.g., host and vector range); the applied research investigation topic(s) geographic or ecologic region to possibility of persistent infections selected for submission. Clearly identify understand better their biology and including the duration of chronic the project period proposed. behavior. Investigate the principal infection and reactivation in birds or 2. Background and Need mosquito vectors involved in other animals; the possibility and maintenance, bridge (from enzootic to importance of direct transmission Discuss the background and need for peridomestic), and epidemic/epizootic without the help of mosquitoes; and the the proposed project. Demonstrate a transmission to understand and design identification of overwintering clear understanding of the purpose and more effective methods for prevention mechanisms in Culex and Aedes species objectives of this program and control. mosquitoes. announcement. Discuss and e. Develop and evaluate prevention demonstrate how the proposed project strategies. These strategies can include 2. CDC Activities addresses an important gap which is of but are not limited to better defining a. Provide technical assistance, as public health importance. target areas for mosquito control in requested, in the design or evaluation of 3. Capacity and Personnel response to documented WN virus experimentation. Describe applicant’s past experience activity, derivation and implementation b. Assist in the analysis of laboratory in conducting activities similar to that of new, natural compounds to repel and test data, as appropriate, depending on being proposed. Describe applicant’s control mosquito-vectors of disease and the needs of the recipient. resources, facilities, and professional determining the efficacy of public c. Assist in the acquisition of outreach materials and campaigns in personnel that will be involved in appropriate samples for study, as reducing risk from WN virus infection. conducting the project. Include in an requested. f. Develop laboratory diagnostic tests appendix curriculum vitae for all d. Assist in the coordination of that are more sensitive, specific and professional personnel involved with research activities among different reproducible than current laboratory the project. Describe plans for recipient sites. methods used to detect West Nile virus. administration of the project and e. Assist in the development of a Test methods may include, but are not identify administrative resources/ research protocol for Institutional limited to serology, culture, nucleic acid personnel that will be assigned to the Review Board (IRB) review by all amplification or antigen detection. project. Clearly identify specific cooperating institutions participating in g. Identify the clinical spectrum of assigned responsibilities for all key the research project. The CDC IRB will North American WN virus disease and professional personnel. Provide in an review and approve the protocol its long-term prognosis in humans. appendix letters of support from all key initially and on at least an annual basis Determine the spectrum of illness participating non-applicant until the research project is completed. caused by WN virus infection in organizations, individuals, etc. (if any), humans, including the long-term E. Content which clearly indicate their consequences of acute infection of the commitment to participate as described Letter of Intent (LOI) central nervous system. In addition to in the operational plan. the severe end of the clinical spectrum An LOI is optional for this program. (viral encephalitis), determine the The narrative should be no more than 3 4. Objectives and Technical Approach degree to which mild viral syndromes single-spaced pages, printed on one Present specific objectives for the occur, whether these patients have any side, with one inch margins, and proposed research which are unique clinical presentations that may unreduced font. Your letter of intent measurable and time-phased and are be characteristic or even will be used to enable CDC to plan for consistent with the Purpose and pathognomonic, whether they have the review, and should include the Recipient Activities of this viremia and, if so, its magnitude and following information (1) the program announcement. Present a detailed duration. Determine if effective clinical announcement number 01110, (2) name operational plan for initiating and management of severe disease will and address of institution, (3) name, conducting the research which clearly
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and appropriately addresses these Service. Private metered postmarks shall justification when representation is objectives (if proposing a multi-year not be acceptable as proof of timely limited or absent, (3) a statement as to project, provide a detailed description mailing.) whether the design of the study is of first-year activities and a brief Late: Applications which do not meet adequate to measure differences when overview of subsequent-year activities). the criteria in 1. or 2. above will be warranted, and (4) a statement as to Include a clear description of returned to the applicant. whether the plans for recruitment and applicant’s technical approach/methods outreach for study participants include G. Evaluation Criteria which are directly relevant to the above the process of establishing partnerships objectives. Describe specific study Each application will be evaluated with community(ies) and recognition of protocols or plans for the development individually against the following mutual benefits. of study protocols. Describe the nature criteria by an independent review group 6. Budget (Not scored) and extent of collaboration with CDC appointed by CDC. The extent to which the budget is and/or others during various phases of 1. Plan (20 Points) the research. Describe in detail a plan reasonable, clearly justified, and for evaluating progress toward achieving The extent the proposed research plan consistent with the intended use of process and outcome project objectives. shows scientific validity and whether cooperative agreement funds. the plan addresses a stated purpose of If the project will employ a particular 7. Human Subjects (Not scored) research subject population, describe this program. Does the application adequately characteristics of the patient population 2. Capacity (40 Points) and how research in this subject group address the requirements of Title 45 will yield generalizable information. a. The extent the applicant documents CFR part 46 for the protection of human Describe contingency plans which and describes their general expertise in subjects? (Not scored; however, an acknowledge how the research will the areas relevant to their submitted application can be disapproved if the address likely obstacles and assure that application (e.g., diagnostic test research risks are sufficiently serious the proposed task(s) can still be development, field studies with and protection against risks is so completed. Include sample size zoonotic diseases, working with small inadequate as to make the entire calculations where appropriate to assure animal models of disease). application unacceptable.) b. The extent the applicant describes that measurable objectives can be 8. Animal Subjects (Not scored) evaluated. and documents their experience in research on mosquito-borne viral Does the application adequately 5. Budget diseases and flaviviruses in particular. address the requirements of the PHS Provide a detailed budget as outlined c. The extent to which the applicant Policy on Humane Care and Use of in the application Errata Instruction has the appropriate project personnel, Laboratory animals by Awardee Sheet for PHS 398. organizational structure, and Institutions? administrative support to assure F. Submission and Deadline meeting proposed objectives. H. Other Requirements Letter of Intent (LOI) d. The extent to which the applicant Technical Reporting Requirements has access to necessary biological Provide CDC with the original plus On or before June 15, 2001, submit the materials or study populations. LOI to the Grants Management two copies of: Specialist identified in the ‘‘Where to 3. Objectives and Prospects (15 points) 1. semiannual progress reports; Obtain Additional Information’’ section The extent the objectives along with 2. financial status report, no more of this announcement. the prospects for successfully achieving than 90 days after the end of the budget period; and Application them and the likelihood that the product(s) of the investigation will 3. final financial and performance Submit the original and five copies of result in the development of better reports, no more than 90 days after the PHS–398 (OMB Number 0925–0001) prevention or intervention measures. end of the project period. (adhere to the instructions on the Errata Send all reports to the Grants Instruction Sheet for PHS 398)]. Forms 4. Evaluation (20 points) Management Specialist identified in the are available in the application kit and a. The feasibility of completing the ‘‘Where to Obtain Additional at the following Internet address: proposed studies and meeting Information’’ section of this www.cdc.gov/od/pgo/forminfo.htm measurable objectives within the project announcement. On or before July 15, 2001, submit the period. The following additional application to the Grants Management b. The extent to which the applicant requirements are applicable to this Specialist identified in the ‘‘Where to proposes appropriate methods for program. For a complete description of Obtain Additional Information’’ section evaluating the projects and/or design each, see Attachment I in the of this announcement. methods that are adequate to measure application kit of the announcement. Deadline: Applications shall be differences, when warranted. AR–1 Human Subjects Requirements considered as meeting the deadline if AR–2 Requirements for Inclusion of they are either: 5. Inclusion of Women, Ethnic, and Women and Racial and Ethnic 1. Received on or before the deadline Racial Groups (5 points) Minorities in Research date; or Applicants should meet CDC Policy AR–3 Animal Subjects Requirements 2. Sent on or before the deadline date requirements regarding the inclusion of AR–7 Executive Order 12372 Review and received in time for submission to women, ethnic, and racial groups in the AR–9 Paperwork Reduction Act the independent review group. proposed research. This includes: (1) Requirements (Applicants must request a legibly dated The proposed plan for the inclusion of AR–10 Smoke-Free Workplace U.S. Postal Service postmark or obtain both sexes and racial and ethnic Requirements a legibly dated receipt from a populations for appropriate AR–11 Healthy People 2010 commercial carrier or U.S. Postal representation, (2) the proposed AR–12 Lobbying Restrictions
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AR–14 Accounting System DEPARTMENT OF HEALTH AND SUMMARY: The Food and Drug Requirements HUMAN SERVICES Administration (FDA) is announcing AR–15 Proof of Non-Profit Status that Alcide Corp. has filed a petition Administration for Children and proposing that the food additive AR–22 Research Integrity Families regulations be amended to provide for the safe use of acidified sodium chlorite I. Authority and Catalog of Federal Program Announcement No. ACF/ Domestic Assistance Number solutions as an antimicrobial agent in ACYF/CB FY 2001–01A; processing waters applied to processed This program is authorized under Announcement of the Availability of fruits and vegetables. section 301(a) [42 U.S.C. 241(a)] and Financial Assistance and Request for DATES: Submit written comments on the 317(k)(2) [42 U.S.C. 247b(k)(2) of the Applications to Support Adoption petitioner’s environmental assessment Opportunities Demonstration Projects, Public Health Service Act, as amended. by June 22, 2001. Child Abuse and Neglect Discretionary The Catalog of Federal Domestic ADDRESSES: Submit written comments Activities, Abandoned Infants to the Dockets Management Branch Assistance number is 93.283. Assistance Awards, and Project To (HFA–305), Food and Drug Build the Analytical Capacity of State J. Where To Obtain Additional Administration, 5630 Fishers Lane, rm. Information Child Welfare Programs 1061, Rockville, MD 20852. This and other CDC announcements AGENCY: Administration on Children, FOR FURTHER INFORMATION CONTACT: can be found on the CDC home page Youth and Families (ACYF), ACF. Robert L. Martin, Center for Food Safety Internet address—http://www.cdc.gov ACTION: Correction. and Applied Nutrition (HFS–215), Food and Drug Administration, 200 C St. SW., Click on ‘‘Funding’’ then ‘‘Grants and SUMMARY: This document contains a Washington, DC 20204–0001, 202–418– Cooperative Agreements.’’ correction to the Notice that was 3074. To receive additional written published in the Federal Register on SUPPLEMENTARY INFORMATION: Under the information and to request an Tuesday, May 1, 2001 (66 FR 21760). On Federal Food, Drug, and Cosmetic Act application kit, call 1–888–GRANTS4 page 21761, Column three, the (sec. 409(b)(5) (21 U.S.C. 348(b)(5))), (1–888–472–6874). You will be asked to information in the ‘‘Project Duration’’ notice is given that a food additive leave your name and address and will section of priority area 2001B.1 National petition (FAP 1A4729) has been filed by be instructed to identify the Program Resource Center on Child Maltreatment Alcide Corp., 8561 154th Ave. NE., Announcement number of interest. is in error. The correct information is as Redmond, WA 98052. The petition follows: The cooperative agreement will If you have questions after reviewing proposes to amend the food additive be awarded for a project period not to the contents of all the documents, regulations in § 173.325 Acidified exceed 36 months. The initial grant sodium chlorite solutions (21 CFR business management technical award will be awarded for a 12-month assistance may be obtained from: Gladys 173.325) to provide for the safe use of budget period. The award of acidified sodium chlorite solutions as Gissentanna, Grants Management continuation funding beyond the 12- an antimicrobial agent in processing Specialist, Grants Management Branch, month budget period will be subject to waters applied to processed fruits and Procurement and Grants Office, Centers the availability of funds, satisfactory vegetables. for Disease Control and Prevention, progress on the part of the grantee, and The potential environmental impact 2920 Brandywine Road, Room 3000, a determination that continued funding of this action is being reviewed. To Atlanta, GA 30341–4146, Telephone would be in the best interest of the encourage public participation number: 770–488–2753, E-mail address: government. consistent with regulations issued under [email protected]. FOR FURTHER INFORMATION CONTACT: The the National Environmental Policy Act For program technical assistance, ACYF Operations Center at 1–800–351– (40 CFR 1501.4(b)), the agency is contact: Dr. John Roehrig, Division of 2293 or send an email to [email protected]. placing the environmental assessment Vector-Borne Infectious Diseases, You may also contact Sally Flanzer, submitted with the petition that is the National Center for Infectious Diseases, Children’s Bureau, at 202–215–8914. subject of this notice on public display at the Dockets Management Branch Centers for Disease Control and Dated: May 18, 2001. Prevention, P. O. Box 2087 (Foothills (address above) for public review and James A. Harrell, comment. Interested persons may Campus), Fort Collins, CO 80522, Acting Commissioner, Administration on Telephone number: 970–221–6442, E- submit to the Dockets Management Children, Youth and Families. Branch written comments by June 22, mail address: [email protected]. [FR Doc. 01–13044 Filed 5–22–01; 8:45 am] 2001. Two copies of any comments are Dated: May 17, 2001. BILLING CODE 4184–01–M to be submitted, except that individuals John L. Williams, may submit one copy. Comments are to be identified with the docket number Director, Procurement and Grants Office, DEPARTMENT OF HEALTH AND Centers for Disease Control and Prevention found in brackets in the heading of this HUMAN SERVICES (CDC). document. Received comments may be seen in the Dockets Management Branch [FR Doc. 01–12982 Filed 5–22–01; 8:45 am] Food and Drug Administration BILLING CODE 4163–18–P between 9 a.m. and 4 p.m., Monday [Docket No. 01F–0233] through Friday. FDA will also place on public display any amendments to, or Alcide Corp.; Filing of Food Additive comments on, the petitioner’s Petition environmental assessment without AGENCY: Food and Drug Administration, further announcement in the Federal HHS. Register. If, based on its review, the agency finds that an environmental ACTION: Notice. impact statement is not required and
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this petition results in a regulation, the may present data, information, or views, studies and preclinical studies. For notice of availability of the agency’s orally or in writing, on issues pending studies related to the veterinary drug finding of no significant impact and the before the committee. Written approval process, this guidance applies evidence supporting that finding will be submissions may be made to the contact only to blood and urine BA, BE, and PK published with the regulation in the person by May 31, 2001. Oral studies. Federal Register in accordance with 21 presentations from the public will be DATES: Submit written comments on CFR 25.40(c). scheduled between approximately 12:20 agency guidances at any time. Dated: May 4, 2001. p.m. and 1:25 p.m. Time allotted for ADDRESSES: Submit written requests for Alan M. Rulis, each presentation may be limited. Those single copies of this guidance to the desiring to make formal oral Director, Office of Premarket Approval, Division of Drug Information (HFD– Center for Food Safety and Applied Nutrition. presentations should notify the contact 240), Center for Drug Evaluation and person before May 31, 2001, and submit [FR Doc. 01–13068 Filed 5–22–01; 8:45 am] Research, Food and Drug a brief statement of the general nature of Administration, 5600 Fishers Lane, BILLING CODE 4160–01–S the evidence or arguments they wish to Rockville, MD 20857. Send one self- present, the names and addresses of addressed adhesive label to assist that DEPARTMENT OF HEALTH AND proposed participants, and an office in processing your requests. HUMAN SERVICES indication of the approximate time Submit written comments on the requested to make their presentation. guidance to the Dockets Management Food and Drug Administration Closed Committee Deliberations: On Branch (HFA–305), Food and Drug June 11, 2001, from 1:30 p.m. to 2:30 Administration, 5630 Fishers Lane, rm. Vaccines and Related Biological p.m., the meeting will be closed to 1061, Rockville, MD 20852. See the Products Advisory Committee; Notice permit discussion where disclosure SUPPLEMENTARY INFORMATION section for of Meeting would constitute a clearly unwarranted electronic access to the guidance invasion of personal privacy (5 U.S.C. document. AGENCY: Food and Drug Administration, 552b(c)(6)). The meeting will be closed FOR FURTHER INFORMATION CONTACT: HHS. to discuss personal information ACTION: Notice. Vinod P. Shah, Center for Drug concerning individuals associated with Evaluation and Research (HFD–350), This notice announces a forthcoming the research program. Food and Drug Administration, 5600 meeting of a public advisory committee Notice of this meeting is given under Fishers Lane, Rockville, MD 20857, of the Food and Drug Administration the Federal Advisory Committee Act (5 301–594–5635. U.S.C. app. 2). (FDA). At least one portion of the SUPPLEMENTARY INFORMATION: meeting will be closed to the public. Dated: May 17, 2001. I. Background Name of Committee: Vaccines and Linda A. Suydam, Related Biological Products Advisory Senior Associate Commissioner. FDA is announcing the availability of Committee. [FR Doc. 01–13070 Filed 5–22–01; 8:45 am] a guidance for industry entitled ‘‘Bioanalytical Method Validation.’’ General Function of the Committee: BILLING CODE 4160–01–S To provide advice and This guidance provides recommendations to the agency on recommendations to sponsors of INDs, FDA’s regulatory issues. DEPARTMENT OF HEALTH AND NDAs, ANDAs, and their supplements Date and Time: The meeting will be HUMAN SERVICES in developing validation information for held on June 11, 2001, 11:30 a.m. to 2:30 bioanalytical methods for PK p.m. Food and Drug Administration evaluations of human clinical Location: Food and Drug pharmacology, BA studies, and BE Administration, 8800 Wisconsin Ave., [Docket No. 98D–1195] studies. The information in this Bldg. 29–B, conference room 1NN06, Guidance for Industry on Bioanalytical guidance generally applies to Bethesda, MD. This meeting will be Method Validation; Availability bioanalytical procedures such as gas held via telephone conference call. A chromatography (GC), high-pressure speaker phone will be provided in the AGENCY: Food and Drug Administration, liquid chromatography (LC), combined conference room to allow public HHS. GC and LC mass spectrometric (MS) participation in the meeting. ACTION: Notice. procedures such as LC–MS, LC–MS– Contact: Nancy T. Cherry or Denise H. MS, GC–MS, GC–MS–MS, and Royster, Center for Biologics Evaluation SUMMARY: The Food and Drug immunological and microbiological and Research (HFM–71), Food and Drug Administration (FDA) is announcing the procedures performed for quantitative Administration, 1401 Rockville Pike, availability of a guidance for industry determination of drugs and or Rockville, MD 20852, 301–827–0314, or entitled ‘‘Bioanalytical Method metabolites in biological matrices such FDA Advisory Committee Information Validation.’’ This guidance provides as serum, plasma, or urine. The Line, 1–800–741–8138, (301–443–0572 assistance to sponsors of investigational guidance also applies to other in the Washington, DC area), code new drug applications (INDs), new drug bioanalytical matrices such as tissue 12391. Please call the Information Line applications (NDAs), abbreviated new and skin samples. for up-to-date information on this drug applications (ANDAs), and their In the Federal Register of January 5, meeting. supplements in developing validation 1999 (64 FR 517), FDA announced the Agenda: The committee will discuss information on bioanalytical methods availability of a draft guidance entitled the intramural scientific research for pharmacokinetic (PK) evaluation of ‘‘Bioanalytical Methods Validation for program of the Laboratory of Pediatric human clinical pharmacology, Human Studies.’’ This January 1999 and Respiratory Viral Diseases. bioavailability (BA), and bioequivalence document gave interested persons an Procedure: On June 11, 2001, from (BE) studies. The guidance also applies opportunity to comment through March 11:30 a.m. to 1:30 p.m., the meeting is to bioanalytical methods used for 8, 1999. The agency received a total of open to the public. Interested persons nonhuman pharmacology/toxicology 36 comments. All comments received
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during the comment period have been availability of the guidance entitled there were no major substantive changes carefully reviewed and incorporated in ‘‘The Mammography Quality Standards made to the document. this revised guidance where Act Final Regulations Document #4; appropriate. In addition, a workshop Final Guidance for Industry and FDA.’’ II. Significance of the Guidance entitled ‘‘Bioanalytical Method The final regulations implementing the This guidance document represents Validation—A Revisit with a Decade of Mammography Quality Standards Act of the agency’s current thinking on the Progress’’ was held January 12 to 14, 1992 (the MQSA) became effective April MQSA final regulations guidance. It 2000. This guidance also incorporates 28, 1999. The final guidance document does not create or confer any rights for the recommendations from the January is intended to assist facilities and their or on any person and does not operate 2000 workshop. personnel to meet the MQSA final to bind FDA or the public. An This guidance is being issued regulations. alternative approach may be used if consistent with FDA’s good guidance DATES: Submit written comments at any such approach satisfies the applicable practices regulation (21 CFR 10.115; 65 statutes and regulations. FR 56468, September 19, 2000). The time. guidance represents the agency’s current ADDRESSES: Submit written requests for The agency has adopted the good thinking on the validation of methods single copies on a 3.5′′ diskette of the guidance practices (GGPs) regulation, for the assay of drugs and/or metabolites guidance document entitled ‘‘The which sets forth the agency’s regulations in human biological matrices. It does Mammography Quality Standards Act for the development, issuance, and use not create or confer any rights for or on Final Regulations Document #4; Final of guidance documents (21 CFR 10.115; any person and does not operate to bind Guidance for Industry and FDA’’ to the 65 FR 56468, September 19, 2000). This FDA or the public. An alternative Division of Small Manufacturers guidance document is issued as a level approach may be used if such approach Assistance (HFZ–220), Center for 1 guidance consistent with GGPs. satisfies the requirements of the Devices and Radiological Health, Food III. Electronic Access applicable statutes and regulations. and Drug Administration, 1350 Piccard Dr., Rockville, MD 20850. Send two self- In order to receive ‘‘The II. Comments addressed adhesive labels to assist that Mammography Quality Standards Act Interested persons may, at any time, office in processing your request, or fax Final Regulations Document #4; Final submit written comments on the your request to 301–443–8818. Submit Guidance for Industry and FDA’’ via guidance to the Dockets Management written comments concerning this your fax machine, call the CDRH Facts- Branch (address above). Two copies of guidance to the Dockets Management On-Demand system at 800–899–0381 or any comments are to be submitted, Branch (HFA–305), Food and Drug 301–827–0111 from a touch-tone except that individuals may submit one Administration, 5630 Fishers Lane, rm. telephone. Press 1 to enter the system. copy. Comments are to be identified 1061, Rockville, MD 20852. Comments At the second voice prompt press 1 to with the docket number found in should be identified with the docket order a document. Enter the document brackets in the heading of this number found in brackets in the number (1159) followed by the pound document. The guidance and received heading of this document. See the sign (#). Follow the remaining voice comments are available for public SUPPLEMENTARY INFORMATION section for prompts to complete your request. examination in the Dockets information on electronic access to the Persons interested in obtaining a copy Management Branch between 9 a.m. and guidance. of the guidance may also do so using the 4 p.m., Monday through Friday. FOR FURTHER INFORMATION CONTACT: Internet. CDRH maintains an entry on III. Electronic Access Charles A. Finder, Center for Devices the Internet for easy access to and Radiological Health (HFZ–240), Persons with access to the Internet information including text, graphics, Food and Drug Administration, 1350 may obtain the document at http:// and files that may be downloaded to a Piccard Dr., Rockville, MD 20850, 301– www.fda.gov/cder/guidance/index.htm. personal computer with Internet access. 594–3332. Updated on a regular basis, the CDRH Dated: May 11, 2001. SUPPLEMENTARY INFORMATION: home page includes the civil money Margaret M. Dotzel, penalty guidance documents package, I. Background Associate Commissioner for Policy. device safety alerts, Federal Register [FR Doc. 01–12908 Filed 5–22–01; 8:45 am] The draft guidance document was reprints, information on premarket BILLING CODE 4160–01–S issued for public comment in the submissions (including lists of approved Federal Register of September 13, 2000 applications and manufacturers’ (65 FR 55265). The comment period addresses), small manufacturers’ DEPARTMENT OF HEALTH AND ended on December 13, 2000. The draft assistance, information on video HUMAN SERVICES guidance was discussed with the conferencing and electronic National Mammography Quality submissions, Mammography Matters, Food and Drug Administration Assurance Advisory Committee at the and other device-oriented information. [Docket No. 00D–1497] September 28, 2000, meeting. The final The CDRH home page may be accessed guidance document has been modified at http://www.fda.gov/cdrh. ‘‘The The Mammography Quality Standards from the original draft guidance to Mammography Quality Standards Act # Act Final Regulations Document 4; address the seven public comments Final Regulations Document#4; Final Final Guidance for Industry and FDA; received. There were several clarifying Guidance for Industry and FDA’’ will Availability changes made to the document, also be available on CDRH’s AGENCY: Food and Drug Administration, particularly dealing with the issues of mammography Web site at http:// HHS. what constitutes a ‘‘major repair’’ and www.fda.gov/cdrh/mammography. ACTION: Notice. when the physicist must perform onsite Guidance documents are also available evaluations. Several decision tree flow on the Dockets Management Branch SUMMARY: The Food and Drug diagrams were added to the document Web site at http://www.fda.gov.ohrms/ Administration (FDA) is announcing the to help clarify these issues. Overall, dockets/default.htm.
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IV. Comments INFORMATION section for electronic update and received comments are Interested persons may submit to the access to the plan. available for public examination in the Dockets Management Branch (address FOR FURTHER INFORMATION CONTACT: Dockets Management Branch between 9 above) written comments regarding this Frank Claunts, Office of Management a.m. and 4 p.m., Monday through guidance at any time. Two copies of any Systems (HF–300), Food and Drug Friday. Administration, 5600 Fishers Lane, comments are to be submitted, except III. Electronic Access that individuals may submit one copy. Rockville, MD 20857, 301–827–4427. Comments are to be identified with the SUPPLEMENTARY INFORMATION: Persons with access to the Internet docket number found in brackets in the I. Background may obtain the document at http:// heading of this document. The guidance www.fda.gov/oc/pdufa2/5yrplan.html. document and received comments are FDA is announcing the availability of available for public examination in the an internal planning document entitled Dated: May 17, 2001. Dockets Management Branch between 9 ‘‘PDUFA II Five-Year Plan—FY 2001 Margaret M. Dotzel, a.m. and 4 p.m., Monday through Update.’’ The Prescription Drug User Associate Commissioner for Policy. Friday. Fee Act of 1992 (PDUFA) was amended [FR Doc. 01–13069 Filed 5–22–01; 8:45 am] Dated: May 16, 2001. and extended through the year 2002 by BILLING CODE 4160–01–S Linda S. Kahan, the Food and Drug Administration Modernization Act of 1997. The Deputy Director for Regulations Policy, Center for Devices and Radiological Health. amended and extended PDUFA is DEPARTMENT OF HEALTH AND referred to as PDUFA II. PDUFA II [FR Doc. 01–12909 Filed 5–22–01; 8:45 am] HUMAN SERVICES authorizes appropriations and fees that BILLING CODE 4160–01–S will provide FDA with resources to Health Resources and Services sustain the drug review staff developed Administration DEPARTMENT OF HEALTH AND through FY 1997 and to achieve the HUMAN SERVICES even more stringent new goals. Advisory Council; Notice of Meeting The updated FY 2001 plan begins Food and Drug Administration with a statement of purpose, provides In accordance with section 10(a)(2) of background information on PDUFA and the Federal Advisory Committee Act [Docket No. 98N–0495] a summary of the new goals, and (Pub. L. 92–463), announcement is Prescription Drug User Fee Act updates the 10 major assumptions on made of the following National (PDUFA) II Five-Year Plan—FY 2001 which the plan is based. This is the Advisory body scheduled to meet Update; Availability third update of the plan since it was during the month of June 2001. initially published in July 1998. The Name: National Advisory Council on the AGENCY: Food and Drug Administration, updated plan summarizes individual National Health Service Corps. HHS. plans of agency components with major Date and Time: June 21, 2001; 3 p.m.–6:30 ACTION: Notice. PDUFA responsibilities and also p.m.; June 22, 2001, 8 a.m.–5 p.m.; June 23, provides a consolidated agency SUMMARY: The Food and Drug 2001, 9 a.m. to 5:30 p.m.; June 24, 2001, 8 summary. The updated plan to achieve a.m.–10:15 a.m. Administration (FDA) is announcing the PDUFA II goals for the drug review availability of an internal planning Place: Hyatt Regency Hotel, 575 Memorial process takes into account changes in Drive, Cambridge, MA 02139–4896, Phone: document entitled ‘‘PDUFA II Five-Year revenue projections and workload based Plan—FY 2001 Update.’’ The updated (617) 492–1234. on actual revenue and application The meeting is open to the public. plan to achieve PDUFA II goals for the receipts in FY 1998, FY 1999, and FY drug review process takes into account Agenda: The Council will focus its agenda 2000 and updates projections for FY on strategic and operational plans for the changes in revenue projections and 2001 and FY 2002. Attachments include workload based on actual revenue and current fiscal year. The Council will be the Federal Register notice of December attending three community meetings in application receipts in fiscal year (FY) 18, 2000 (65 FR 79107), establishing 1998, FY 1999, and FY 2000 and Raymond, NH, Worcester, MA, and prescription drug user fee rates for FY Providence, RI, on Friday, June 22, to discuss updated projections for FY 2001 and FY 2001, updated 5-year estimates of 2002. integrated primary medical care, the PDUFA fees and revenues, and the integration of primary care, mental and DATES: Submit written comments on the revised PDUFA II Information behavioral health, and oral health. plan at any time. Comments will be Management Five-Year Plan. Transportation will not be provided to the considered as the agency makes annual We are making this plan available to general public. adjustments to the plan in the second all that have an interest. We welcome Agenda items and times are subject to quarter of each FY. comments and will consider them in the change as priorities dictate. ADDRESSES: Submit written requests for future as annual adjustments are made FOR FURTHER INFORMATION CONTACT: single copies of this plan to the Office to the plan. Ms. of Management and Systems (HF–300), Eve Morrow, Division of National Food and Drug Administration, 5600 II. Comments Health Service Corps, at (301) 594–4144. Fishers Lane, Rockville, MD 20857, Interested persons may submit to the Dated: May 17, 2001. Attn: Frank Claunts. Send a self- Dockets Management Branch (address Jane M. Harrison, addressed adhesive label to assist that above) written comments on the plan at Director, Division of Policy Review and office in processing your requests. any time. Two copies of any comments Coordination. Submit written comments on the plan to are to be submitted, except that the Dockets Management Branch (HFA– individuals may submit one copy. [FR Doc. 01–12910 Filed 5–22–01; 8:45 am] 305), Food and Drug Administration, Comments are to be identified with the BILLING CODE 4160–15–P 5630 Fishers Lane, rm. 1061, Rockville, docket number found in brackets in the MD 20852. See the SUPPLEMENTARY heading of this document. The FY 2001
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DEPARTMENT OF HEALTH AND additional 30 days for public comment. provides opportunities for extramural HUMAN SERVICES The National Institutes of Health may grant recipients to mentor promising not conduct or sponsor, and the candidates. The proposed survey will National Institutes of Health respondent is not required to respond collect information from participants in to, an information collection that has the Minority and Disability Supplement Submission for OMB Review; been extended, revised, or implemented Program and will yield information Comment Request; Customer/Partner on or after October 1, 1995, unless it about satisfaction of participants with Satisfaction Survey of the NIDCD displays a currently valid OMB control the program and how participation may Minority and Disability Supplement number. Program have lead to the pursuit of a career in Proposed Collection the health field. Frequency of Response: SUMMARY: Under the provisions of Title: Customer/Partner Satisfaction One. Affected Public: Individuals. Type Section 3507 (a)(1)(D) of the Paperwork Survey of the NIDCD Minority and of Respondent: Minority individuals Reduction Act of 1995, the National Disability Supplement Program. Type of and individuals with disabilities who Institute on Deafness and Other Information Collection Request: New. have previously participated in the Communication Disorders (NIDCD), the Need and Use of Information Collection: Supplement Program. The annual National Institutes of Health (NIH), has The NIDCD was established to support reporting burden is as follows: submitted to the Office of Management biomedical and behavioral research and Estimated Number of Respondents: 200. and Budget (OMB) a request for review research training in hearing, smell, Estimated Number of Responses per and approval of the information balance, taste, voice, speech and Respondent: One. Average Burden collection listed below. The proposed language. Although minorities and Hours Per Response: 0.5; and Estimated information collection was previously people with disabilities will soon Total Annual Burden Hours Requested: published in the Federal Register on dominate the work force, these groups 100. The annualized cost to respondents January 26, 2001, page 7919–7920, and are underrepresented in the professional is estimated at: $150. There are no allowed 60 days for public comment. No fields of science and health. To Capital Costs to report. There are no public comments were received. The encourage members of these groups to Operating or Maintenance Costs to purpose of this notice is to allow an pursue careers in these fields, NIDCD report.
Estimated number Average burden Estimated total Type of respondents Estimated number of responses per hours per annual burden of respondents respondent response hours requested
Survey of Participant ...... 200 1 0.5 100
Total ...... 200 ...... 100
Request for Comments Executive Office Building, Room 10235, DEPARTMENT OF HEALTH AND Written comments and/or suggestions Washington, D.C. 20503, Attention: HUMAN SERVICES from the public and affected agencies Desk Officer for NIH. To request more National Institutes of Health are invited on one or more of the information on the proposed project or to obtain a copy of the data collection following points: (1) Whether the Office of the Director, National plans and instruments, contact: Judith proposed collection of information is Institutes of Health; Notice of Meeting necessary for the proper performance of A. Cooper, Ph.D., Chief, Scientific the function of the agency, including Programs Branch, NIDCD, NIH, 6120 Pursuant to section 10(a) of the whether the information will have Executive Blvd., EPS 400–C, MSC 7180, Federal Advisory Committee Act, as practical utility; (2) The accuracy of the Bethesda, MD 20892, or call non toll- amended (5 U.S.C. Appendix 2), notice agency’s estimate of the burden of the free number (301) 496–5061, or E-mail is hereby given of a meeting of the proposed collection of information, your request, including your address to: Advisory Committee to the Director, including the validity of the [email protected] NIH. methodology and assumptions used; (3) Ways to enhance the quality, utility, and Comments Due Date The meeting will be open to the clarity of the information to be public, with attendance limited to space Comments regarding this information available. Individuals who plan to collected; and (4) Ways to minimize the collection are best assured of having burden of the collection of information attend and need special assistance, such their full effect if received within 30- on those who are to respond, including as sign language interpretation or other days of the date of this publication. the use of appropriate automated, reasonable accommodations, should electronic, mechanical, or other Dated: April 26, 2001. notify the Contact Person listed below in advance of the meeting. technological collection techniques or David Kerr, other forms of information technology. Executive Officer, NIDCD. Name of Committee: Advisory Committee to the Director, NIH. Direct Comments to OMB [FR Doc. 01–12912 Filed 5–22–01; 8:45 am] Date: June 7, 2001. Written comments and/or suggestions BILLING CODE 4140–01–M Time: 9 am to 3:30 pm. regarding the item(s) contained in this Agenda: Report from the Acting Director, NIH, Update on the Reorganization Activities notice, especially regarding the in the Center for Scientific Review, Report estimated public burden and associated from the Extramural Construction Working response time, should be directed to the Group, Technology Transfer Issues, and an Office of Management and Budget, Update on Regulatory Burden and Modular Office of Regulatory Affairs, New Grants.
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Place: 31 Center Drive, Bldg. 31, Conf. Rm. Contact Person: Mary Groesch, PhD, Executive Boulevard, Room 8043, Bethesda, 10, Bethesda, MD 20892. Executive Director, Secretary’s Advisory MD 20892, (301) 496–7576. Contact Person: Janice C. Ramsden, Committee on Xenotransplantation, Office of (Catalogue of Federal Domestic Assistance Committee Mgmt. Officer, Office of the Science Policy, Rockledge I, Room 750, Program Nos. 93.392, Cancer Construction; Director, NIH, Building 1, Room 333, Rockville, MD 20852, 301–496–9838. 93.393, Cancer Cause and Prevention Bethesda, MD 20892, 301–496–0959. Information is also available on the Research; 93.394, Cancer Detection and Information is also available on the Institute’s/Center’s home page: Diagnosis Research; 93.395, Cancer Institute’s/Center’s home page: http:// www4.od.nih.gov/oba/xenomtg.htm, where Treatment Research; 93.396, Cancer Biology www.nih.gov/about/director/acd.htm, where an agenda and any additional information for Research; 93.397, Cancer Centers Support; an agenda and any additional information for the meeting will be posted when available. 93.398, Cancer Research Manpower; 93.399, the meeting will be posted when available. (Catalogue of Federal Domestic Assistance Cancer Control, National Institutes of Health, (Catalogue of Federal Domestic Assistance Program Nos. 93.14, Intramural Research HHS) Program Nos. 93.14, Intramural Research Training Award; 93.187, Undergraduate Dated: May 15, 2001. Training Award; 93.187, Undergraduate Scholarship Program for Individuals from Scholarship Program for individuals from Disadvantaged Backgrounds; 93.22, Clinical LaVerne Y. Stringfield, Disadvantaged Backgrounds; 93.22, Clinical Research Loan Repayment Program for Director, Office of Federal Advisory Research Loan Repayment Program for Individuals from Disadvantaged Committee Policy. Individuals from Disadvantaged Backgrounds; 93.232, Loan Repayment [FR Doc. 01–12915 Filed 5–22–01; 8:45 am] Backgrounds; 93.232, Loan Repayment Program for Research Generally; 93.39, BILLING CODE 4140–01–M Program for Research Generally; 93.39, Academic Research Enhancement Award; Academic Research Enhancement Award; 93.936, NIH Acquired Immunodeficiency 93.936, NIH Acquired Immunodeficiency Syndrome Research Loan Repayment DEPARTMENT OF HEALTH AND Syndrome Research Loan Repayment Program, National Institutes of Health, HHS) HUMAN SERVICES Program, National Institutes of Health, HHS) Dated: May 16, 2001. Dated: May 15, 2001. LaVerne Y. Stringfield, National Institutes of Health LaVerne Y. Stringfield, Director, Office of Federal Advisory Committee Policy. National Cancer Institute; Notice of Director, Office of Federal Advisory Closed Meeting Committee Policy. [FR Doc. 01–12924 Filed 5–22–01; 8:45 am] [FR Doc. 01–12914 Filed 5–22–01; 8:45 am] BILLING CODE 4140–01–M Pursuant to section 10(d) of the BILLING CODE 4140–01–M Federal Advisory Committee Act, as DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice HUMAN SERVICES is hereby given of the following DEPARTMENT OF HEALTH AND meeting. HUMAN SERVICES National Institutes of Health The meeting will be closed to the National Institutes of Health public in accordance with the National Cancer Institute; Notice of provisions set forth in sections Office of the Director, National Closed Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Institutes of Health; Notice of Meeting Pursuant to section 10(d) of the as amended. The grant applications and the discussions could disclose Pursuant to section 10(a) of the Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial Federal Advisory Committee Act, as property such as patentable material, amended (5 U.S.C. Appendix 2), notice is hereby given of the following meeting. and personal information concerning is hereby given of a meeting of the individuals associated with the grant Secretary’s Advisory Committee on The meeting will be closed to the public in accordance with the applications, the disclosure of which Xenotransplantation. would constitute a clearly unwarranted The meeting will be open to the provisions set forth in sections invasion of personal privacy. public, with attendance limited to space 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., available. Individuals who plan to as amended. The grant applications and Name of Committee: National Cancer attend and need special assistance, such the discussions could disclose Institute Special Emphasis Panel Cancer assign language interpretation or other confidential trade secrets or commercial Prevention Research Small Grants Program. property such as patentable material, Date: June 19, 2001. reasonable accommodations, should Time: 8 am to 5 pm. notify the Contact Person listed below and personal information concerning individuals associated with the grant Agenda: To review and evaluate grant in advance of the meeting. applications. applications, the disclosure of which Place: Bethesda Marriott Suites, 6711 Name of Committee: Secretary’s Advisory would constitute a clearly unwarranted Committee on Xenotransplantation. Democracy Boulevard, Bethesda, MD 20817. Date: July 2–3, 2001. invasion of personal privacy. Contact Person: Lalita D. Palekar, PhD, Time: July 2, 2001, 8:30 a.m. to 5:30 p.m. Name of Committee: National Cancer Scientific Review Administrator, Special Agenda: Infectious disease issues in Institute Special Emphasis Panel Review, Referral and Resources Branch, xenotransplantation. Development of High-Yield Technologies for Division of Extramural Activities, National Place: Holiday Inn Bethesda, 8120 Isolating Exfoliated Cells in Body Fluids. Cancer Institute, National Institutes of Wisconsin Avenue, Bethesda, MD 20814. Date: June 11, 2001. Health, 6116 Executive Boulevard, Room Time: July 2, 2001, 7:30 p.m. to 9 p.m. Time: 8 am to 4 pm. 8066, Bethesda, MD 20892–7405, (301) 496– Agenda: Infectious disease issues in Agenda: To review and evaluate grant 7575. xenotransplantation. applications. (Catalogue of Federal Domestic Assistance Place: Holiday Inn Bethesda, 8120 Place: National Cancer Institute, 6130 Program Nos. 93.392, Cancer Construction; Wisconsin Avenue, Bethesda, MD 20814. Executive Blvd., Conference Room C, 93.393, Cancer Cause and Prevention Time: July 3, 2001, 8:30 a.m. to 2:00 p.m. Rockville, MD 20852. Research; 93.394, Cancer Detection and Agenda: Infectious disease issues in Contact Person: Kenneth L. Bielat, PhD, Diagnosis Research; 93.395, Cancer xenotransplantation. Scientific Review Administrator, Division of Treatment Research; 93.396, Cancer Biology Place: Holiday Inn Bethesda, 8120 Extramural Activities, National Cancer Research; 93.397, Cancer Centers Support; Wisconsin Avenue, Bethesda, MD 20814. Institute, National Institutes of Health, 6116 93.398, Cancer Research Manpower; 93.399,
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Cancer Control, National Institutes of Health, DEPARTMENT OF HEALTH AND provisions set forth in sections HHS) HUMAN SERVICES 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Dated: May 15, 2001. as amended. The grant applications and LaVerne Y. Stringfield, National Institutes of Health the discussions could disclose Director, Office of Federal Advisory confidential trade secrets or commercial National Center for Research property such as patentable material, Committee Policy. Resources; Notice of Closed Meeting [FR Doc. 01–12916 Filed 5–22–01; 8:45 am] and personal information concerning individuals associated with the grant BILLING CODE 4140–01–M Pursuant to section 10(d) of the Federal Advisory Committee Act, as applications, the disclosure of which amended (5 U.S.C. Appendix 2), notice would constitute a clearly unwarranted DEPARTMENT OF HEALTH AND is hereby given of the following invasion of personal privacy. HUMAN SERVICES meeting. Name of Committee: National Heart, Lung, The meeting will be closed to the and Blood Institute Special Emphasis Panel National Institutes of Health public in accordance with the (RFA: HL–01–010) Non-Mouse Models of provisions set forth in sections Diabetes Complications in Cardiovascular National Cancer Institute; Notice of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., and Microvascular Diseases. Closed Meeting Date: June 12, 2001. as amended. The grant applications and Time: 8 a.m. to 2 p.m. the discussions could disclose Pursuant to section 10(d) of the Agenda: To review and evaluate grant confidential trade secrets or commercial applications. Federal Advisory Committee Act, as property such as patentable material, Place: Chevy Chase Holiday Inn, Chevy amended (5 U.S.C. Appendix 2), notice and personal information concerning Chase, MD 20815. is hereby given of the following individuals associated with the grant Contact Person: William J. Johnson, PhD, meeting. applications, the disclosure of which NIH/NHLBI/DEA/Review Branch, 6701 The meeting will be closed to the would constitute a clearly unwarranted Rockledge Drive, Room 7184, Bethesda, MD 20892–9692, 301–435–0277. public in accordance with the invasion of personal privacy. This notice is being published less than 15 provisions set forth in sections Name of Committee: National Center for days prior to the meeting due to the timing 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Research Resources Special Emphasis Panel limitations imposed by the review and as amended. The grant applications and General Clinical Research Centers. funding cycle. the discussions could disclose Date: June 12, 2001. (Catalogue of Federal Domestic Assistance confidential trade secrets or commercial Time: 7 p.m. to 10 p.m. Program Nos. 93.233, National Center for property such as patentable material, Agenda: To review and evaluate grant Sleep Disorders Research; 93.837, Heart and and personal information concerning applications. Vascular Diseases Research; 93.838, Lung individuals associated with the grant Place: Holiday Inn Bethesda, 8120 Diseases Research; 93.839, Blood Diseases Wisconsin Avenue, Bethesda, MD 20814. applications, the disclosure of which and Resources Research, National Institutes Contact Person: John L. Meyer, PhD, of Health, HHS) would constitute a clearly unwarranted Deputy Director, Office of Review, National invasion of personal privacy. Center for Research Resources, National Dated: May 16, 2001. Name of Committee: National Cancer Institutes of Health, 6705 Rockledge Drive, LaVerne Y. Stringfield, Institute Initial Review Group Subcommittee MSC 7965, One Rockledge Centre, Room Director, Office of Federal Advisory F—Manpower & Training. 6018, Bethesda, MD 20892–7965, 301–435– Committee Policy. Date: June 13–15, 2001. 0806, [email protected] [FR Doc. 01–12926 Filed 5–22–01; 8:45 am] Time: 8 am to 6 pm. (Catalogue of Federal Domestic Assistance BILLING CODE 4140–01–M Agenda: To review and evaluate grant Program Nos. 93.306, Comparative Medicine, applications. 93.306; 93.333, Clinical Research, 93.333; Place: Holiday Inn—Georgetown, 2101 93.371, Biomedical Technology; 93.389, DEPARTMENT OF HEALTH AND Wisconsin Avenue, N.W., Washington, DC Research Infrastructure, National Institutes of HUMAN SERVICES 20007. Health, HHS) Contact Person: Mary Bell, PhD, Scientific Dated: May 16, 2001. National Institutes of Health Review Administrator, Grants Review LaVerne Y. Stringfield, Branch, Division of Extramural Activities, National Institute of Arthritis and National Cancer Institute, National Institutes Director, Office of Federal Advisory Committee Policy. Musculoskeletal and Skin Diseases; of Health, Phs. Dhhs, 6116 Executive Notice of Meeting Boulevard, Room 8113, Bethesda, Md 20892– [FR Doc. 01–12928 Filed 5–22–01; 8:45 am] 8328, 301–496–7978. BILLING CODE 4140–01–M Pursuant to section 10(d) of the (Catalogue of Federal Domestic Assistance Federal Advisory Committee Act, as Program Nos. 93.392, Cancer Construction; amended (5 U.S.C. Appendix 2), notice 93.393, Cancer Cause and Prevention DEPARTMENT OF HEALTH AND is hereby given of a meeting of the Research; 93.394, Cancer Detection and HUMAN SERVICES National Arthritis and Musculoskeletal Diagnosis Research; 93.395, Cancer and Skin Diseases Advisory Council. National Institutes of Health Treatment Research; 93.396, Cancer Biology The meeting will be open to the Research; 93.397, Cancer Centers Support; public as indicated below, with 93.398, Cancer Research Manpower; 93.399, National Heart, Lung, and Blood Cancer Control, National Institutes of Health, Institute; Notice of Closed Meeting attendance limited to space available. HHS) Individuals who plan to attend and Pursuant to section 10(d) of the need special assistance, such as sign Dated: May 15, 2001. Federal Advisory Committee Act, as language interpretation or other LaVerne Y. Stringfield, amended (5 U.S.C. Appendix 2), notice reasonable accommodations, should Director, Office of Federal Advisory is hereby given of the following notify the Contact Person listed below Committee Policy. meeting. in advance of the meeting. [FR Doc. 01–12917 Filed 5–22–01; 8:45 am] The meeting will be closed to the The meeting will be closed to the BILLING CODE 4140–01–M public in accordance with the public in accordance with the
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provisions set forth in sections would constitute a clearly unwarranted Bethesda, MD 20892–7610, 301 496–2550, 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. [email protected]. (Catalogue of Federal Domestic Assistance as amended. The grant applications Name of Committee: National Institute of Program Nos. 93.855, Allergy, Immunology, and/or contract proposals and the Allergy and Infectious Diseases Special discussions could disclose confidential and Transplantation Research; 93.856, Emphasis Panel. Microbiology and Infectious Diseases trade secrets or commercial property Date: June 15, 2001. Research, National Institutes of Health, HHS) such as patentable material, and Time: 8 am to 2 pm. personal information concerning Agenda: To review and evaluate grant Dated: May 15, 2001. individuals associated with the grant applications. LaVerne Y. Stringfield, Place: Holiday Inn Bethesda, 8120 applications and/or contract proposals, Director, Office of Federal Advisory Wisconsin Ave., Bethesda, MD 20814. Committee Policy. the disclosure of which would Contact Person: Gary S. Madonna, constitute a clearly unwarranted Scientific Review Administrator, Scientific [FR Doc. 01–12919 Filed 5–22–01; 8:45 am] invasion of personal privacy. Review Program, Division of Extramural BILLING CODE 4140–01–M Name of Committee: National Arthritis and Activities, NIAID, NIH, Room 2217, 6700–B Musculoskeletal and Skin Diseases Advisory Rockledge Drive, MSC 7610, Bethesda, MD Council. 20892–7610, 301–496–2550. DEPARTMENT OF HEALTH AND Date: June 21, 2001. (Catalogue of Federal Domestic Assistance HUMAN SERVICES Open: 8:30 am to 12 pm. Program Nos. 93.855, Allergy, Immunology, Agenda: The meeting will be open to the and Transplantation Research; 93.856, National Institutes of Health public to discuss administrative details Microbiology and Infectious Diseases relating to Council business and special Research, National Institutes of Health, HHS) National Institute of Allergy and reports. Dated: May 15, 2001. Infectious Diseases; Notice of Meeting Place: 9000 Rockville Pike, Building 31C, Conference Room 6, Bethesda, MD 20892. LaVerne Y. Stringfield, Pursuant to section 10(d) of the Closed: 1 pm to 5 pm. Director, Office of Federal Advisory Federal Advisory Committee Act, as Agenda: To review and evaluate grant Committee Policy. amended (5 U.S.C. Appendix 2), notice applications. [FR Doc. 01–12918 Filed 5–22–01; 8:45 am] is hereby given of the following Place: 9000 Rockville Pike, Building 31C, BILLING CODE 4140–01–M meeting. Conference Room 6, Bethesda, MD 20892. The meeting will be open to the Contact Person: Steven J. Hausman, PhD, public as indicated below, with Deputy Director, NIAMS/NIH, Bldg. 31, room DEPARTMENT OF HEALTH AND attendance limited to space available. 4C–32, 31 Center Dr, MSC 2350, Bethesda, MD 20892–2350, (301) 594–2463. HUMAN SERVICES Individuals who plan to attend and need special assistance, such as sign (Catalogue of Federal Domestic Assistance National Institutes of Health Program Nos. 93.846, Arthritis, language interpretation or other reasonable accommodations, should Musculoskeletal and Skin Diseases Research, National Institute of Allergy and National Institutes of Health, HHS) notify the Contact Person listed below Infectious Diseases; Notice of Closed in advance of the meeting. Dated: May 11, 2001. Meeting The meeting will be closed to the LaVerne Y. Stringfield, Pursuant to section 10(d) of the public in accordance with the Director, Office of Federal Advisory provisions set forth in sections Committee Policy. Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., [FR Doc. 01–12913 Filed 5–22–01; 8:45 am] is hereby given of the following as amended. The grant applications and BILLING CODE 4140–01–M meeting. the discussions could disclose The meeting will be closed to the confidential trade secrets or commercial public in accordance with the property such as patentable material, DEPARTMENT OF HEALTH AND and personal information concerning HUMAN SERVICES provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., individuals associated with the grant applications, the disclosure of which National Institutes of Health as amended. The contract proposals and the discussions could disclose would constitute a clearly unwarranted National Institute of Allergy and confidential trade secrets or commercial invasion of personal privacy. Infectious Diseases; Notice of Closed property such as patentable material, Name of Committee: Microbiology and Meeting and personal information concerning Infectious Diseases Research Committee. individuals associated with the contract Date: June 14, 2001. Pursuant to section 10(d) of the proposals, the disclosure of which Open: 9 a.m. to 10 a.m. Federal Advisory Committee Act, as would constitute a clearly unwarranted Agenda: Reports from various institute amended (5 U.S.C. Appendix 2), notice staff. invasion of personal privacy. Place: Holiday Inn, 8120 Wisconsin is hereby given of the following Name of Committee: National Institute of Avenue, Bethesda, MD 20814. meeting. Allergy and Infectious Diseases Special Closed: 10 a.m. to 6:30 p.m. The meeting will be closed to the Emphasis Panel. Agenda: To review and evaluate grant public in accordance with the Date: June 7–8, 2001. applications. provisions set forth in sections Time: 8:30 a.m. to 5 p.m. Place: Holiday Inn, 8120 Wisconsin 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Agenda: To review and evaluate contract Avenue, Bethesda, MD 20814. as amended. The grant applications and proposals. Contact Person: Gary S. Madonna, Ph.D., Scientific Review Administrator, Scientific the discussions could disclose Place: Virginian Suites Conference Center, 1500 Arlington Blvd., Arlington, VA 22209. Review Program, Division of Extramural confidential trade secrets or commercial Contact Person: Anna Ramsey-Ewing, Activities, NIAID, NIH Room 2217, 6700–B property such as patentable material, Ph.D., Scientific Review Administrator, Rockledge Drive, MSC 7610, Bethesda, MD and personal information concerning Scientific Review Program, Division of 20892–7610, 301–496–2550. individuals associated with the grant Extramural Activities, NIAID, NIH, Room (Catalogue of Federal Domestic Assistance applications, the disclosure of which 2220, 6700–B Rockledge Drive, MSC 7610, Program Nos. 93.855, Allergy, Immunology,
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and Transplantation Research; 93.856, DEPARTMENT OF HEALTH AND The meetings will be closed to the Microbiology and Infectious Diseases HUMAN SERVICES public in accordance with the Research, National Institutes of Health, HHS provisions set forth in sections National Institutes of Health Dated: May 15, 2001. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposals and LaVerne Y. Stringfield, National Institutes of Allergy and Infectious Diseases; Notice of Closed the discussions could disclose Director, Office of Federal Advisory confidential trade secrets or commercial Committee Policy. Meeting property such as patentable material, [FR Doc. 01–12920 Filed 5–22–01; 8:45 am] Pursuant to section 10(d) of the and personal information concerning BILLING CODE 4140–01–M Federal Advisory Committee Act, as individuals associated with the contract amended (5 U.S.C. Appendix 2), notice proposals, the disclosure of which is hereby given of the following DEPARTMENT OF HEALTH AND would constitute a clearly unwarranted meeting. invasion of personal privacy. HUMAN SERVICES The meeting will be closed to the public in accordance with the Name of Committee: National Institute on National Institutes of Health provisions set forth in sections Alcohol Abuse and Alcoholism Special 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Emphasis Panel National Institute of Allergy and as amended. The grant application and Date: May 23, 2001. Infectious Diseases; Notice of Closed the discussions could disclose Time: 10 am to 5 pm. Meeting confidential trade secrets or commercial Agenda: To review and evaluate contract property such as patentable material, proposals. Pursuant to section 10(d) of the and personal information concerning Place: 6000 Executive Blvd., Suite 400, Federal Advisory Committee Act, as individuals associated with the grant Rockville, MD 20852. amended (5 U.S.C. Appendix 2), notice applications, the disclosure of which Contact Person: Sean O’Rourke, Scientific is hereby given of the following would constitute a clearly unwarranted Review Administrator, Extramural Project Review Branch, National Institute on Alcohol meeting. invasion of personal privacy. Abuse and Alcoholism, National Institutes of The meeting will be closed to the Name of Committee: National Institutes of Health, Suite 409, 6000 Executive Boulevard, public in accordance with the Allergy and Infectious Diseases Special Bethesda, MD 20892–7003, 301–443–2861. provisions set forth in sections Emphasis Panel ‘‘Peripheral Tolerance and This notice is being published less than 15 Autoimmunity.’’ 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., days prior to the meeting due to the timing as amended. The grant applications and Date: June 13, 2001. Time: 1 p.m. to 5 p.m. limitations imposed by the review and the discussions could disclose Agenda: To review and evaluate grant funding cycle. confidential trade secrets or commercial applications. Name of Committee: National Institute on property such as patentable material, Place: 6700 B Rockledge Drive, Room 2223, Alcohol Abuse and Alcoholism Special and personal information concerning Bethesda, MD 20892, (Telephone Conference Emphasis Panel. individuals associated with the grant Call). Date: June 18, 2001. Contact Person: Nasrin Nabavi, PhD, applications, the disclosure of which Time: 8:30 am to 4 pm. Scientific Review Administrator, Scientific would constitute a clearly unwarranted Review Program, Division of Extramural Agenda: To review and evaluate contract invasion of personal privacy. Activities, NIAID, NIH, Room 2156, 6700B proposals. Place: 6000 Executive Boulevard, Suite Name of Committee: National Institute of Rockledge Drive, MSC 7610, Bethesda, MD 409, Rockville, MD 20852, (Telephone Allergy and Infectious Disease Special 20892–7610, 301 496–2550, [email protected]. Conference Call). Emphasis Panel. (Catalogue of Federal Domestic Assistance Contact Person: Ronald Suddendorf, PhD, Date: June 12, 2001. Program Nos. 93.855, Allergy, Immunology, and Transplantation Research; 93856, Scientific Review Administrator, Extramural Time: 1 p.m. to 5 p.m. Microbiology and Infectious Diseases Project Review Branch, National Institute on Agenda: To review and evaluate grant Research, National Institutes of Health, HHS) Alcohol Abuse and Alcoholism, National applications. Institutes of Health, Suite 409, 6000 Place: 6700 B Rockledge Drive, Bethesda, Dated: May 15, 2001. Executive Boulevard, Bethesda, MD 20892– MD 20892 (Telephone Conference Call). LaVerne Y. Stringfield, 7003, 301–443–2926. Contact Person: Nasrin Nabavi, Ph.D., Director, Office of Federal Advisory (Catalogue of Federal Domestic Assistance Scientific Review Administrator, Scientific Committee Policy. Program Nos. 93.271, Alcohol Research Review Program, Division of Extramural [FR Doc. 01–12922 Filed 5–22–01; 8:45 am] Activities, NIAID, NIH, Room 2156, 6700B Career Development Awards for Scientists BILLING CODE 4140–01–M Rockledge Drive, MSC 7610, Bethesda, MD and Clinicians; 93.272, Alcohol National 20892–7610, 301 496–2550, [email protected]. Research Service Awards for Research Training; 93.273, Alcohol Research Programs; (Catalogue of Federal Domestic Assistance DEPARTMENT OF HEALTH AND 93.891, Alcohol Research Center Grants, Program Nos. 93.855, Allergy, Immunology, HUMAN SERVICES National Institutes of Health, HHS) and Transplantation Research; 93.856, Microbiology and Infectious Diseases National Institutes of Health Dated: May 16, 2001. Research, National Institutes of Health, HHS) LaVerne Y. Stringfield, National Institute on Alcohol Abuse Director, Office of Federal Advisory Dated: May 15, 2001. and Alcoholism; Notice of Closed Committee Policy. LaVerne Y. Stringfield, Meetings [FR Doc. 01–12927 Filed 5–22–01; 8:45 am] Director, Office of Federal Advisory Pursuant to section 10(d) of the BILLING CODE 4140–01–M Committee Policy. Federal Advisory Committee Act, as [FR Doc. 01–12921 Filed 5–22–01; 8:45 am] amended (5 U.S.C. Appendix 2), notice BILLING CODE 4140–01–M is hereby given of the following meetings.
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DEPARTMENT OF HEALTH AND Bethesda, MD 20892–9606, 301–443–6470, Dated: May 16, 2001. HUMAN SERVICES [email protected] LaVerne Y. Stringfield, (Catalogue of Federal Domestic Assistance Director, Office of Federal Advisory National Institutes of Health Program Nos. 93.242, Mental Health Research Committee Policy. Grants; 93.21, Scientist Development Award, [FR Doc. 01–12930 Filed 5–22–01; 8:45 am] National Institute of Mental Health; Scientist Development Award for Clinicians, BILLING CODE 4140–01–M Notice of Closed Meetings and Research Scientist Award; 93,282, Pursuant to section 10(d) of the Mental Health National Research Service Awards for Research Training, National Federal Advisory Committee Act, as DEPARTMENT OF HEALTH AND Institutes of Health, HHS) amended (5 U.S.C. Appendix 2), notice HUMAN SERVICES is hereby given of the following Dated: May 16, 2001. meetings. LaVerne Y. Stringfield, National Institutes of Health The meetings will be closed to the Director, Office of Federal Advisory public in accordance with the Committee Policy. Center for Scientific Review; Notice of provisions set forth in sections [FR Doc. 01–12929 Filed 5–22–01; 8:45 am] Closed Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and BILLING CODE 4140–01–M Pursuant to section 10(d) of the the discussions could disclose Federal Advisory Committee Act, as confidential trade secrets or commercial DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice property such as patentable material, HUMAN SERVICES is hereby given of the following and personal information concerning meeting. individuals associated with the grant National Institutes of Health The meeting will be closed to the applications, the disclosure of which would constitute a clearly unwarranted public in accordance with the National Institute of Mental Health; provisions set forth in sections invasion of personal privacy. Notice of Closed Meeting 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Name of Committee: National Institute of as amended. The grant applications and Mental Health Special Emphasis Panel. Pursuant to section 10(d) of the Date: June 7, 2001. Federal Advisory Committee Act, as the discussions could disclose Time: 5 pm to 6 pm. amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial Agenda: To review and evaluate grant is hereby given of the following property as patentable material, and applications. meeting. personal information concerning Place: Governor’s House, 1615 Rhode individuals associated with the grant The meeting will be closed to the Island Avenue, NW., Washington, DC 20036. applications, the disclosure of which public in accordance with the Contact Person: David I. Sommers, PHD, would constitute a clearly unwarranted Scientific Review Administrator, Division of provisions set forth in sections Extramural Activities, National Institute of 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. Mental Health, NIH, Neuroscience Center, as amended. The grant applications and Name of Committee: Center for Scientific 6001 Executive Blvd., Room 6144, MSC 9606, the discussions could disclose Review Special Emphasis Panel. Bethesda, MD 20892–9606, 301–443–6470, confidential trade secrets or commercial Date: May 25, 2001. [email protected] priority such as patentable material, and Time: 8:30 a.m. to 12 p.m. Name of Committee: National Institute of personal information concerning Agenda: To review and evaluate grant Mental Health Special Emphasis Panel. applications. Date: June 20, 2001. individuals associated with the grant Place: Holiday Inn Hotel, 30 Whalley Time: 10:30 am to 11:30 am. applications, the disclosure of which Agenda: To review and evaluate grant would constitute a clearly unwarranted Avenue, New Haven, CT 06511. applications. invasion of personal privacy. Contact Person: Michael A Oxman, PhD, Place: Neuroscience Center, National Scientific Review Administrator, Center for Name of Committee: National Institute of Institutes of Health, 6001 Executive Blvd., Scientific Review, National Institutes of Mental Health Special Emphasis Panel. Bethesda, MD 20892, (Telephone Conference Health, 6701 Rockledge Drive, Room 4112, Date: June 19–20, 2001. Call). MSC 7848, Bethesda, MD 20892, 301/435– Time: 8:30 am to 5 pm. Contact Person: David I. Sommers, PHD, 3565, [email protected]. Agenda: To review and evaluate grant Scientific Review Administrator, Division of This notice is being published less than 15 applications. Extramural Activities, National Institute of days prior to the meeting due to the timing Place: Holiday Inn Georgetown, 2101 Mental Health, NIH, Neuroscience Center, limitations imposed by the review and 6001 Executive Blvd., Room 6144, MSC 9606, Wisconsin Avenue, NW., Washington, DC funding cycle. Bethesda, MD 20892–9606, 301–443–6470, 20007. [email protected] Contact Person: Martha Ann Carey, PhD, (Catalogue of Federal Domestic Assistance Name of Committee: National Institute of RN, Scientific Review Administrator, Program Nos. 93.306, Comparative Medicine, Mental Health Special Emphasis Panel. Division of Extramural Activities, National 93.306; 93.333, Clinical Research, 93.333, Date: July 6, 2001. Institute of Mental Health, NIH, 93.337, 93.393–93.396, 93.837–93.844, Time: 2:00 PM to 4:00 PM. Neuroscience Center, 6001 Executive Blvd., 93.846–93.878, 93.892, 93.893, National Agenda: To review and evaluate grant Room 6151, MSC 9608, Bethesda, MD 20892– Institutes of Health, HHS) applications. 9608, 301–443–1606, [email protected] Place: Neuroscience Center, National Dated: May 16, 2001. (Catalogue of Federal Domestic Assistance Institutes of Health, 6001 Executive Blvd., LaVerne Y. Stringfield, Program Nos. 93.242, Mental Health Research Bethesda, MD 20892, (Telephone Conference Director, Office of Federal Advisory Grants; 93.281, Scientist Development Call). Committee Policy. Contact Person: David I. Sommers, PHD, Award, Scientist Development Award for [FR Doc. 01–12923 Filed 5–22–01; 8:45 am] Scientific Review Administrator, Division of Clinicians, and Research Scientist Award; Extramural Activities, National Institute of 93.282, Mental Health National Research BILLING CODE 4140–01–M Mental Health, NIH, Neuroscience Center, Service Awards for Research Training, 6001 Executive Blvd., Room 6144, MSC 9606, National Institutes of Health, HHS)
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DEPARTMENT OF HEALTH AND Scientific Review, National Institutes of Date: June 5, 2001. HUMAN SERVICES Health, 6701 Rockledge Drive, Room 5116, Time: 8 a.m. to 5 p.m. MSC 7854, Bethesda, MD 20892, (301) 435– Agenda: To review and evaluate grant National Institutes of Health 1171. applications. This notice is being published less than 15 Place: Jurys Washington Hotel, Center for Scientific Review; Notice of days prior to the meeting due to the timing Washington, DC 20036. Closed Meetings limitations imposed by the review and Contact Person: Syed Husain, Ph.D., funding cycle. Scientific Review Administrator, Center for Pursuant to section 10(d) of the Name of Committee: Center for Scientific Scientific Review, National Institutes of Federal Advisory Committee Act, as Review Special Emphasis Panel. Health, 6701 Rockledge Drive, Room 5216, amended (5 U.S.C. Appendix 2), notice Date: June 4, 2001. MSC 7850, Bethesda, MD 20892–7850, (301) 435–1224, [email protected]. is hereby given of the following Time: 1 p.m. to 3 p.m. Agenda: To review and evaluate grant Name of Committee: Integrative, meetings. applications. The meetings will be closed to the Functional and Cognitive Neuroscience Place: Holiday Inn, 8120 Wisconsin Integrated Review Group, Integrative, public in accordance with the Avenue, Bethesda, MD 20814. Functional and Cognitive Neuroscience 1. provisions set forth in sections Contact Person: Syed Quadri, Ph.D., Date: June 5–6, 2001 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Scientific Review Administrator, Center for Time: 8:30 a.m. to 5 p.m. as amended. The grant applications and Scientific Review, National Institutes of Agenda: To review and evaluate grant the discussions could disclose Health, 6701 Rockledge Drive, Room 4144, applications. confidential trade secrets or commercial MSC 7804, Bethesda, MD 20892, (301) 435– Place: Holiday Inn, 5520 Wisconsin Ave, 1211. Chevy Chase, MD 20815. property such as patentable material, This notice is being published less than 15 and personal information concerning Contact Person: Gamil C Debbas, Ph.D., days prior to the meeting due to the timing Scientific Review Administrator, Center for individuals associated with the grant limitations imposed by the review and Scientific Review, National Institutes of applications, the disclosure of which funding cycle. Health, 6701 Rockledge Drive, Room 5170, would constitute a clearly unwarranted Name of Committee: Endocrinology and MSC 7844, Bethesda, MD 20892, (301) 435– invasion of personal privacy. Reproductive Sciences and Integrated Review 1018. Group, Biochemical Endocrinology Study Name of Committee: Center for Scientific Name of Committee: Center for Scientific Section. Review Special Emphasis Panel. Review Panel. Date: June 4–5, 2001. Date: June 1, 2001. Date: June 5, 2001. Time: 7 p.m. to 4 p.m. Time: 1 p.m. to 4 p.m. Time: 4 p.m. to 4:20 p.m. Agenda: To review and evaluate grant Agenda: To review and evaluate grant Agenda: To review and evaluate grant applications. applications. applications. Place: Holiday Inn, 8120 Wisconsin Place: Holiday Inn Rosslyn, 1900 North Place: Georgetown Suites, 1000 29th St., Avenue, Bethesda, MD 20814. Fort Myer Drive, Arlington, VA 22209. NW., Washington, DC 20007. Contact Person: Debora L. Hamernik, Contact Person: Lee Rosen, Ph.D., Contact Person: Lee Rosen, Ph.D., Ph.D., Scientific Review Administrator, Scientific Review Administrator, Center for Scientific Review Administrator, Center for Center for Scientific Review, National Scientific Review, National Institutes of Scientific Review, National Institutes of Institutes of Health, 6701 Rockledge Drive, Health, 6701 Rockledge Drive, Room 5116, Health, 6701 Rockledge Drive, Room 5116, Room 6152, MSC 7892, Bethesda, MD 20892, MSC 7854, Bethesda, MD 20892, (301) 435– (301) 435–4511, [email protected]. MSC 7854, Bethesda, MD 20892, (301) 435– 1171. This notice is being published less than 15 1171. This notice is being published less than 15 days prior to the meeting due to the timing Name of Committee: Center for Scientific days prior to the meeting due to the timing limitations imposed by the review and Review Special Emphasis Panel. limitations imposed by the review and funding cycle. Date: June 5, 2001. funding cycle. Name of Committee: Surgery, Radiology Time: 4:20 p.m. to 6 p.m. Name of Committee: Center for Scientific and Bioengineering Integrated Review Group, Agenda: To review and evaluate grant Review Special Emphasis Panel. Diagnostic Radiology Study Section. applications. Date: June 3–5, 2001. Date: June 5–6, 2001. Place: Georgetown Suites, 1000 29th St., Time: 7 p.m. to 6 p.m. NW., Washington, DC 20007. Agenda: To review and evaluate grant Time: 8 a.m. to 5 p.m. Agenda: To review and evaluate grant Contact Person: Lee Rosen, Ph.D., applications. Scientific Review Administrator, Center for Place: Holiday Inn, 8120 Wisconsin applications. Place: Georgetown Suites, 1000 29th St., Scientific Review, National Institutes of Avenue, Bethesda, MD 20814. Health, 6701 Rockledge Drive, Room 5116, Contact Person: Elaine Sierra-Rivera, Ph.D., NW., Washington, DC 20007. Contact Person: Eileen W. Bradley, DSC, MSC 7854, Bethesda, MD 20892, (301) 435– Scientific Review Administrator, Center for 1171. Scientific Review, National Institutes of Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 4136, Scientific Review, National Institutes of Name of Committee: Center for Scientific MSC 7804, Bethesda, MD 20892, (301) 435– Health, 6701 Rockledge Drive, Room 5120, Review Special Emphasis Panel. 1779, [email protected]. MSC 7854, Bethesda, MD 20892, (301) 435– Date: June 5, 2001. This notice is being published less than 15 1179, [email protected]. Time: 12 p.m. to 1 p.m. days prior to the meeting due to the timing Name of Committee: Center for Scientific Agenda: To review and evaluate grant limitations imposed by the review and Review Special Emphasis Panel. applications. funding cycle. Date: June 5, 2001. Place: Georgetown Holiday Inn, 2101 Name of Committee: Surgery, Radiology Time: 8 a.m. to 5 p.m. Wisconsin Avenue, NW., Washington, DC and Bioengineering Integrated Review Group, Agenda: To review and evaluate grant 20007. Diagnostic Imaging Study Section. applications. Contact Person: Eileen W. Bradley, DSC, Date: June 4–5, 2001. Place: Holiday Inn Old Town Alexandria, Scientific Review Administrator, Center for Time: 8 a.m. to 4 p.m. 480 King Street, Alexandria, VA 22314. Scientific Review, National Institutes of Agenda: To review and evaluate grant Contact Person: Jo Pelham, BA, Scientific Health, 6701 Rockledge Drive, Room 5120, applications. Review Administrator, Center for Scientific MSC 7854, Bethesda, MD 20892, (301) 453– Place: Georgetown Holiday Inn, 2101 Review, National Institutes of Health, 6701 1179, [email protected]. Wisconsin Avenue, NW., Washington, DC Rockledge Drive, Room 4106, MSC 7814, Name of Committee: Oncological Sciences 20007. Bethesda, MD 20892, (301) 435–1786. Integrated Review Group, Pathology B Study Contact Person: Lee Rosen, Ph.D., Name of Committee: Center for Scientific Section. Scientific Review Administrator, Center for Review Panel. Date: June 6–8, 2001.
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Time: 8 a.m. to 5 p.m. Date: June 7–8, 2001. 93.846–93.878, 93.892, 93.893, National Agenda: To review and evaluate grant Time: 9 a.m. to 5 p.m. Institutes of Health, HHS) applications. Agenda: To review and evaluate grant LaVerne Y. Stringfield, Place: Holiday Inn, 8120 Wisconsin applications. Avenue, Bethesda, MD 20814. Place: Georgetown Suites, 1000 29th St., Director, Office of Federal Advisory Contact Person: Martin L. Padarathsingh, NW., Washington, DC 20007. Committee Policy. Ph.D., Scientific Review Administrator, Contact Person: Julian Azorlosa, Ph.D., [FR Doc. 01–12925 Filed 5–22–01; 8:45 am] Center for Scientific Review, National Scienctific Review Administrator, Center for BILLING CODE 4140–01–M Institutes of Health, 6701 Rockledge Drive, Scientific Review, National Institutes of Room 4146, MSC 7804, Bethesda, MD 20892, Health, 6701 Rockledge Drive, Room 3190, (301) 435–1717. MSC 7848, Bethesda, MD 20892, (301) 435– DEPARTMENT OF THE INTERIOR Name of Committee: Center for Scientific 1507. Review Special Emphasis Panel. Name of Committee: Center for Scientific Office of the Secretary Date: June 6, 2001. Review Special Emphasis Panel. Time: 12 p.m. to 2 p.m. Date: June 7–8, 2001. Privacy Act of 1974, As Amended; Agenda: To review and evaluate grant applications. Time: 9 a.m. to 5 p.m. Addition of a New System of Records Agenda: To review and evaluate grant Place: NIH, Rockledge 2, Bethesda, MD AGENCY: Department of the Interior. 20892, (Telephone Conference Call). applications. Contact Person: Michael Knecht, Ph.D., Place: Governor’s House, 1615 Rhode ACTION: Proposed addition of a new Scientific Review Administrator, Center for Island Avenue, NW., Washington, DC 20036. system of records. Scientific Review, National Institutes of Contact Person: Thomas A. Tatham, Ph.D., SUMMARY: Health, 6701 Rockledge Drive, Room 6176, Scienctific Review Administrator, Center for The Department of Interior is MSC 7892, Bethesda, MD 20892, (301) 435– Scientific Review, National Institutes of issuing public notice of its intent to add 1046. Health, 6701 Rockledge Drive, Room 3188, a new Department-wide Privacy Act Name of Committee: Molecular, Cellular MSC 7848, Bethesda, MD 20892, (301) 435– system of records to its inventory of and Developmental Neuroscience Integrated 0692, [email protected]. records systems subject to the Privacy Review Group, Visual Sciences C Study Name of Committee: Center for Scientific Act of 1974 (5 U.S.C. 552a). This action Section. Review Special Emphasis Panel. is necessary to meet the requirements of Date: June 7–8, 2001. Date: June 8, 2001. the Privacy Act to publish in the Time: 8 a.m. to 6 p.m. Time: 8:30 a.m. to 5:00 p.m. Federal Register notice of the existence Agenda: To review and evaluate grant Agenda: To review and evaluate grant and character of records systems applications. applications. maintained by the agency (5 U.S.C. Place: Loews L’Enfant Plaza Hotel, 480 Place: Holiday Inn, 5520 Wisconsin L’Enfant Plaza, SW., MONET IV, 552a(e)(4)). The new system of records Avenue, Chevy Chase, MD 20815. is called the ‘‘DOI–05: The Volunteer Washington, DC 20024–2197. Contact Person: Betty Hayden, Ph.D., Contact Person: Carole L. Jelsema, Ph.D., Scienctific Review Administrator, Center for Services File.’’ Scientific Review Administrator, MDCN Scientific Review, National Institutes of DATES: 5 U.S.C. 552a(e)(11) requires that Integrated Review Group, Center for Health, 6701 Rockledge Drive, Room 4206, the public be provided a 30-day period Scientific Review, National Institutes of MSC 7812, Bethesda, MD 20892, (301) 435– in which to comment on the intended Health, 6701 Rockledge Drive, Room 5210, 1223, [email protected]. use of the information in the system of MSC 7850, Bethesda, MD 20892–7850, (301) Name of Committee: Biophysical and records. The Office of Management and 435–1248, [email protected]. Chemical Sciences Integrated Review Group, Budget, in its Circular A–130, requires Name of Committee: Cell Development and Medicinal Chemistry Study Section. an additional 10-day period (for a total Function Integrated Review Group, Cell Date: June 8–9, 2001. of 40 days) in which to make these Development and Function 2. Time: 8:30 a.m. to 7:30 p.m. Date: June 7–8, 2001. comments. Any persons interested in Agenda: To review and evaluate grant commenting on this proposed system of Time: 8:30 a.m. to 2:00 p.m. applications. Agenda: To review and evaluate grant records may do so by submitting Place: Bozeman Comfort Inn, 1370 North applications. comments in writing to the 7th Avenue, Bozeman, MT 59715. Place: Georgetown Holiday Inn, 2101 Departmental Privacy Act Officer, U.S. Contact Person: Ronald J. Dubois, Ph.D., Wisconsin Avenue, NW., Washington, DC Scientific Review Administrator, Center for Department of the Interior, Office of 20007. Scientific Review, National Institutes of Information Resources Management, MS Contact Person: Ramesh K. Nayak, Ph.D., 5312 MIB, 1849 C Street, NW., Scienctific Review Administrator, Center for Health, 6701 Rockledge Drive, room 4156, MSC 7806, Bethesda, MD 20892, (301) 435– Washington, DC 20240, or by e-mail at Scientific Review, National Institutes of [email protected]. Comments Health, 6701 Rockledge Drive, Room 5146, 1722, [email protected]. MSC 7840, Bethesda, MD 20892, (301) 435– Name of Committee: Center for Scientific received on or before July 2, 2001 will 1026, [email protected]. Review Special Emphasis Panel. be considered. The system will be Name of Committee: Center for Scientific Date: June 8, 2001. effective as proposed at the end of the Review Special Emphasis Panel. Time: 9:30 a.m. to 11:30 a.m. comment period unless comments are Date: June 7–8, 2001. Agenda: To review and evaluate grant received which would require a Time: 8:30 a.m. to 5:30 p.m. applications. contrary determination. In that case the Agenda: To review and evaluate grant Place: Hyatt Regency Bethesda, One Department will publish any changes to applications. Bethesda Metro Center, Bethesda, MD 20814. the routine uses. Contact Person: Sandy Warren, DMD, Place: Holiday Inn, 8777 Georgia Avenue, FOR FURTHER INFORMATION CONTACT: John Silver Spring, MD 20910. MPH, Scientific Review Administrator, Center for Scientific Review, National Mahoney, Office of Planning and Contact Person: Angela M. Pattatucci- Performance Management, Office of the Aragon, Ph.D., Scienctific Review Institutes of Health, 6701 Rockledge Drive, room 5134, MDC 7840, Bethesda, MD 20892, Secretary, by phone at 202–208–4560, Administrator, Center for Scientific Review, _ National Institutes of Health, 6701 Rockledge (301) 435–1019. email at: John [email protected], or Drive, Room 5220, MSC 7852, Bethesda, MD (Catalogue of Federal Domestic Assistance mail at MS–5259–MIB, 1849 C St., NW., 20892, (301) 435–1775. Program Nos. 93.306, Comparative Medicine, Washington, DC 20240. Name of Committee: Center for Scientific 93.306; 93.333, Clinical Research, 93.333, SUPPLEMENTARY INFORMATION: The Review Special Emphasis Panel. 93.337, 93.393–93.396, 93.837–93.844, Interior Volunteer Services File system
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will contain information on individuals number; facility where the individual is (b) The Department deems the for the purpose of determining an providing volunteer services; name of disclosure to be: interest in a volunteer opportunity, the supervisor; dates volunteered; date (1) Relevant and necessary to the suitability for the opportunity, and for terminated; any physical or medical proceedings; and administration of the volunteer condition the facility staff needs to be (2) Compatible with the purpose for program. aware of; emergency contact name, which we compiled the information. A copy of the system notice for address, telephone, and relationship to (4) To appropriate Federal, State, local ‘‘Interior Volunteer Services File the volunteer, and (if applicable) or foreign agencies responsible for System’’ DOI–05, follows. specific training the volunteer needs; investigating or prosecuting the Dated: May 18, 2001. personal equipment the volunteer violation of or for enforcing or Marilyn Legnini, needs; and reimbursable expenses implementing a statute, rule, regulation, order or license, when the Department Departmental Privacy Act Officer, provided to the volunteer; agreements to Department of Interior. perform the services described; becomes aware of a violation or emergency notification data; contact potential violation of a statute, rule, INTERIOR/DOI–05 information; time sheets; skills and regulation, order or license. (5) To a congressional office in SYSTEM NAME: qualification information; receipt for property; compensation for injuries; response to an inquiry an individual has Interior Volunteer Services File made to the congressional office. System. performance evaluation; and other information necessary to manage the (6) To the Office of Personnel SECURITY CLASSIFICATION: volunteer program for each DOI bureau Management or the General Accounting Not classified. or office. Office when the information is required for evaluation of the child care subsidy SYSTEM LOCATION: ROUTINE USES OF RECORDS MAINTAINED IN THE program. The records of this system are located SYSTEM INCLUDING CATEGORIES OF USERS AND Disclosure to Consumer Reporting at various field offices of Department of THE PURPOSES OF SUCH USES: Agencies: Interior bureaus which currently utilize Use by Department of the Interior volunteers. See Interior Bureau bureaus and offices to identify persons Pursuant to 5 U.S.C. 552a(b)12, headquarter offices listed below or from interested in participating in a records can be disclosed to consumer the Department of Interior web site at government volunteer program, and for reporting agencies as they are defined in www.doi.gov: all necessary purposes for managing the the Fair Credit Reporting Act (15 U.S.C. (1) U.S. Geological Survey, Volunteer volunteer program. 1681a(f)) or the Federal Claims for Science Program, Office of Disclosures outside the Department of Collection Act of 1966 (31 U.S.C. Communications, 12201 Sunrise Valley the Interior may be made under the 3701(a)(3)). Drive, Reston, VA 20192. routine uses listed below without the Policies and practices for storing, (2) U.S. Fish and Wildlife Service, consent of the individual if the retrieving, accessing, retaining, and Volunteer Program, Headquarters Office, disclosure is compatible with the disposing of records in the system: National Wildlife Refuge System, 4401 purposes for which the record was N. Fairfax Drive, Rm 670, Arlington, VA collected. Storage: 22203. (1) To an expert, consultant, or Records are stored both in file folders, (3) Bureau of Reclamation, Volunteer contractor (including employees of the and in electronic form, in computer Program, Office of Policy, Department of contractor) of the Department that systems. the Interior, 1849 C. St. NW., performs, on the Department’s behalf, Washington, DC 20240. services requiring the use of these Retrievability: (4) Bureau of Land Management, records. Indexed by name of the volunteer, Environmental Education and (2) To another government natural control number assigned the volunteer, Volunteers Group, 1849 C. St., LS–406, resource agency for the purpose or social security number. Washington, DC 20240. consistent with the purpose identified (5) National Park Service, Servicewide above; Safeguards: Volunteer Coordinator, Rm. 7312, 1849 (3) The Department of Justice, or to a Access to records in the system is C Street NW., Washington, DC 20240. court, adjudicative or other limited to authorized personnel whose (6) Information from on-line administrative body, or to a party in official duties require such access. Paper applications from the Volunteer Page litigation before a court or adjudicative records are maintained in locked metal web site is managed by the National or administrative body, when: file cabinets and/or in secured rooms. Business Center, U.S. Department of the (a) One of the following is a party to Electronic records conform to Office of Interior, Second Floor, Parker Building, the proceeding or has an interest in the Management and Budget and Reston, Virginia 20192. proceeding: Departmental guidelines reflecting the CATEGORIES OF INDIVIDUALS COVERED BY THE (1) The Department or any component implementation of the Computer SYSTEM: of the Department; Security Act of 1987 (40 U.S.C. 759). Persons performing work for the (2) Any Departmental employee Electronic data will be protected Department of Interior as volunteers but acting in his or her official capacity; through user identification, passwords, not as an employee of the agency. It (3) Any Departmental employee database permissions and software includes interested persons, individuals acting in his or her individual capacity controls. Such security measures will involved in community, youth where the Department or the establish different access levels for organizations, high schools and Department of Justice has agreed to different types of users. colleges. represent the employee, or (4) The United States, when the Retention and Disposal: CATEGORIES OF RECORDS IN THE SYSTEM: Department determines that the Records in this system are covered by The file may contain application Department is likely to be affected by each individual Bureau/Office records forms; name; address; home phone the proceeding; and schedule that has a Volunteer Program.
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National Archives and Records the authority of the Klamath River Basin prepared by the Bureau of Land Administration guidance on permanent Fishery Resources Restoration Act (16 Management (BLM) to analyze a and temporary records disposition is U.S.C. 460ss et seq.). The meeting is proposed Falcon to Gonder 345 kV followed. open to the public. transmission line project and associated RMP amendments. The DEIS/DRMPA System Manager(s) and Address: DATES: The Klamath River Basin Fisheries Task Force (Task Force) will considers the environmental effects of Officials responsible for the meet from 8:00 a.m. to 5:00 p.m. on June five transmission line alternatives, along Headquarters and field office system of 21, 2001, and from 8:00 a.m. to 11:30 with the No Action Alternative. The records specific to that oversight are p.m. on June 22, 2001. project involves the BLM Nevada State provided in the listing above under PLACE: The meeting will be held at the Office, as well as BLM’s Battle ‘‘System Location.’’ Shilo Inn, 2500 Almond Street, Klamath Mountain, Elko, and Ely Field Offices Notification Procedures: Falls, Oregon. and includes public and private lands in Elko, Eureka, Lander, and White Pine FOR FURTHER INFORMATION CONTACT: Phil Any individual may request Counties, Nevada. information regarding this system of Detrich, Project Leader, U.S. Fish and DATES: Written comments must be records, or information as to whether Wildlife Service, 1829 South Oregon postmarked or otherwise delivered by the system contains records pertaining Street, Yreka, California 96097, 4:30 p.m. on August 23, 2001. Copies of to them, from the organizational unit for telephone (530) 842–5763. the DEIS may be obtained at the Nevada SUPPLEMENTARY INFORMATION: For which he or she performed work. The State Office or the Battle Mountain, background information on the Task request must be in writing, signed by Elko, or Ely BLM Field Offices. Public Force, please refer to the notice of their the requester, include the requester’s meetings will be held in the following initial meeting that appeared in the full name and Social Security Number, locations from 7:00 p.m. to 9:00 p.m. on Federal Register on July 8, 1987 (52 FR dates when work was performed, the dates indicated: program under which enrolled, and 25639). June 19, 2001. Carlin City Hall Court location where work was performed. Jill Parker, Room, 101 South 8th Street, Carlin, (See 43 CFR 2.60 for procedures on Acting California/Nevada Operations NV. making inquiries). Manager, California/Nevada Office, Fish and June 20, 2001. Eureka Opera House, 31 Record Access Procedures: Wildlife Service. South Main Street, Eureka, NV. June 21, 2001. BLM Ely Field Office, For copies of your records write to the [FR Doc. 01–13048 Filed 5–22–01; 8:45 am] 702 North Industrial Way, Ely, NV. pertinent System Managers at the BILLING CODE 4310–55–P locations above. The request envelope ADDRESSES: Written comments should and letter should be clearly marked be addressed to the Bureau of Land DEPARTMENT OF THE INTERIOR ‘‘PRIVACY ACT REQUEST FOR Management, Battle Mountain Field Office, ATTN: Mary Craggett, 50 Bastian ACCESS.’’ A request for access must Bureau of Land Management meet the content requirements of 43 Road, Battle Mountain, Nevada 89820. CFR 2.63(b)(4)). [NV–060–2800/1610] Comments, including names and street addresses of respondents, will be Contesting Record Procedures: Notice of Availability; Draft available for public review at the above Use same procedures as ‘‘Records Environmental Impact Statement/Draft address during regular business hours Access Procedures’’ section above. (See Resource Management Plan (7:30 a.m. to 4:30 p.m.), Monday 43 CFR 2.71). Amendment; Falcon to Gonder Project; through Friday, except holidays, and Proposed Power Transmission Line may be published in the Final EIS. Record Source Categories: Project in Lander, Elko, Eureka, and Individual respondents may request Information from this system comes White Pine Counties, NV confidentiality. If you wish to withhold primarily from the individual himself, AGENCY: Bureau of Land Management your name or street address from public the sponsoring organization, work (BLM), Interior. review or from disclosure under supervisors and volunteer program Freedom of Information Act, you must COOPERATING AGENCIES: Nevada Division officials. state this prominently at the beginning of Wildlife, Nevada State Historic of your written comment. Such requests Exemptions Claimed for the System: Preservation Office. will be honored to the extent allowed by None. ACTION: Notice of availability of the law. All submissions from organizations Draft Environmental Impact Statement/ or businesses, and from individuals [FR Doc. 01–12989 Filed 5–22–01; 8:45 am] Draft Resource Management Plan BILLING CODE 4310–RJ–P identifying themselves as Amendment (DEIS/DRMPA) for the representatives or officials of Falcon to Gonder Project, Lander, Elko, organizations or businesses, will be DEPARTMENT OF THE INTERIOR Eureka, and White Pine Counties, made available for public inspection in Nevada. their entirety. Fish and Wildlife Service SUMMARY: Pursuant to section 102(2)(c) FOR FURTHER INFORMATION CONTACT: Notice of Meeting; Klamath River Basin of the National Environmental Policy Mary Craggett (775) 635–4060. Fisheries Task Force Act of 1969 (NEPA), 40 Code of Federal SUPPLEMENTARY INFORMATION: On Regulations 1500–1508 Council on December 17, 1998, Sierra Pacific Power AGENCY: Fish and Wildlife Service, Environmental Quality Regulations, 43 Company (SPPC) filed a right-of-way Interior. Code of Federal Regulations 2800, and application with the BLM for the SUMMARY: Pursuant to section 10(a)(2) of 43 Code of Federal Regulations 1600, construction, operation, and the Federal Advisory Committee Act (5 notice is hereby given of the availability maintenance of an approximately 165– U.S.C. App. I), this notice announces a of the Draft Environmental Impact 185 mile long 345 kV electric meeting of the Klamath River Basin Statement/Draft Resource Management transmission line that would connect Fisheries Task Force, established under Plan Amendments (DEIS/DRMPA), the Falcon substation (north of Dunphy,
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Nevada) with the Gonder substation concerns, the scoping period will be 36, as shown on the plat approved (north of Ely, Nevada). The project extended to June 29, 2001. See the April December 2, 1881, Township 11 South, would improve electricity import and 30, 2001, notice for more information Range 69 East, of the Mount Diablo export capabilities to meet anticipated about the project. Meridian, in the state of Nevada, under growth in SPPC’s system. DATES: Comments should be postmarked Group No. 796, was accepted May 8, The project, as currently proposed, no later than June 29, 2001 to ensure the 2001. identifies several route alternatives. The issues they raise are considered in the This survey was executed to meet northern portion of any route would plan. certain needs of the Bureau of Land head south from the Falcon substation ADDRESSES: Comments may be mailed to Management and Nevada Land and to Highway 50 near Eureka along one of the following addresses: James W. Resource Company. several possible alignments. The Dryden, Field Office Manager, 2. Subject to valid existing rights, the southern portion of any route alternative Milwaukee Field Office, P.O. Box 631, provisions of existing withdrawals and would then head east along Highway 50 Milwaukee, Wisconsin 53201–0631 or classifications, the requirements of to follow an existing Sierra 230 kV line Ed Ruda, Project Leader Manager, applicable laws, and other segregations to the Gonder substation. The current Eastern States Office, 7450 Boston of record, these lands are open to alternatives are identified as the Boulevard, Springfield, Virginia 22153. application, petition, and disposal, Crescent Valley (a), Crescent Valley (b), FOR FURTHER INFORMATION CONTACT: Ed including application under the mineral Pine Valley (a), Pine Valley (b), and Ruda, Project Leader at (703) 440–1663, leasing laws. All such valid applications Buck Mountain alternatives. The No or by electronic mail at ed— received on or prior to official filing of Action alternative is also analyzed. The [email protected], or Howard Levine, the Plat of Survey described in Pine Valley (a) route is BLM’s preferred Planning and Environmental paragraph 1, shall be considered as alternative. Coordinator at (414) 297–4463, or by simultaneously filed at that time. Those As part of the proposed action, the electronic mail at received thereafter shall be considered BLM is also considering amendments to [email protected]. in order of filing. the RMPs for the Shoshone-Eureka 3. The above-listed surveys are now Dated: May 11, 2001. Resource Area, Elko Resource Area, and the basic record for describing the lands Egan Resource Area to establish rights- James W. Dryden, for all authorized purposes. These of-way utility corridors along the Milwaukee Field Manager. surveys have been placed in the open preferred alignment. The Elko RMP also [FR Doc. 01–12962 Filed 5–22–01; 8:45 am] files in the BLM Nevada State Office requires modifying the existing ‘‘low BILLING CODE 4310–PN–P and are available to the public as a visibility’’ corridor along Interstate 80. matter of information. Copies of the Amendments to the Shoshone-Eureka surveys and related field notes may be RMP also include the deletion of a DEPARTMENT OF THE INTERIOR furnished to the public upon payment of utility planning corridor that runs the appropriate fees. parallel to State Highway 305. Bureau of Land Management Dated: May 10, 2001. [NV–952–01–1420–BJ] Robert V. Abbey, Robert M. Scruggs, State Director, Nevada, Bureau of Land Filing of Plats of Survey; Nevada Chief Cadastral Surveyor, Nevada. Management. [FR Doc. 01–12964 Filed 5–22–01; 8:45 am] [FR Doc. 01–12963 Filed 5–22–01; 8:45 am] AGENCY: Bureau of Land Management, BILLING CODE 4310–HC–P BILLING CODE 4310–HC–P Interior. ACTION: Notice. DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR SUMMARY: The purpose of this notice is to inform the public and interested State National Park Service Bureau of Land Management and local government officials of the Acadia National Park, Bar Harbor, [ES–030–01–1610–DO] filing of Plats of Survey in Nevada. EFFECTIVE DATES: Filing is effective at 10 Maine; Acadia National Park Advisory Extension of Scoping Period for the a.m. on the dates indicated below. Commission; Notice of Meeting Lower Potomac River Coordinated FOR FURTHER INFORMATION CONTACT: Notice is hereby given in accordance Management Plan/Environmental Robert M. Scruggs, Chief, Branch of with the Federal Advisory Committee Assessment Geographic Services, Bureau of Land Act (Public Law 92–463, 86 Stat. 770, 5 Management (BLM), Nevada State AGENCY: Bureau of Land Management, U.S.C. App. 1, Sec. 10), that the Acadia Milwaukee Field Office, Interior. Office, 1340 Financial Blvd., P.O. Box National Park Advisory Commission 12000, Reno, Nevada 89520, 775–861– ACTION: Extension of scoping period. will hold a meeting on Monday, June 4, 6545. 2001. SUMMARY: On April 30, 2001, the Bureau SUPPLEMENTARY INFORMATION: 1. The Plat The Commission was established of Land Management (BLM), Milwaukee of Survey of the following described pursuant to Public Law 99–420, Sec. Field Office, filed a Notice of Intent to lands will be officially filed at the 103. The purpose of the commission is prepare a coordinated management plan Nevada State Office, Reno, Nevada on to consult with the Secretary of the (CMP) in the Federal Register (66 FR the first business day after 30 days from Interior, or his designee, on matters 21412–3) for the Lower Potomac River the publication of this notice: The plat, relating to the management and project area located in Charles County, representing the dependent resurvey of development of the park, including but Maryland. The CMP will be prepared to a portion of the east boundary of not limited to the acquisition of lands determine whether and where to acquire Township 11 South, Range 69 East, and and interests in lands (including land within the project area. an independent resurvey of a portion of conservation easements on islands) and In order to provide the public with a the south boundary and a portion of the termination of rights of use and better opportunity to identify issues and subdivisional lines, superseding section occupancy.
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The meeting will convene at U.S. Clarke County to W 5th St., and W 5th., Sulphur, Naval Station, Schoodic Peninsula, Brightwell Shotgun Row, 366–376 Barber St., 01000662 Winter Harbor, Maine, at 1:00PM to Athens, 01000642 Oklahoma County consider the following agenda: Crawford County Jones, Charles G., Farmstead, 12061 NE 108th 1. Review and approval of minutes from Williams—Moore— Hillsman House, West St., Jones, 01000658 the meeting held February 5, 2001. Hopewell Rd., at Colbert Rd., Roberta, The ‘‘Y’’ Chapel of Song, 100 N. University; 2. Committee reports 01000645 on the campus of the University of Central Oklahoma, Edmond, 01000657 Land Conservation Fulton County Tulsa County Park Use Building at 161 Spring St., 161 Spring St., Science NW., Atlanta, 01000644 Riverside Studio, (Bruce Goff Designed 3. Old business Means Street Historic District, Bounded by Resources in Oklahoma MPS) 1381 Riverside Dr., Tulsa, 01000656 Marietta St., Bankhead and Ponders Aves., 4. Chairman’s report White City Historic District, Roughly and the Southern rail line, Atlanta, 5. Superintendent’s report bounded by E. 2nd St., S. Fulton Av./ 01000648 6. Public comments Frisco RR Tracks, E. 11th St., and S. Yale 7. Proposed agenda for next Hancock County Ave., Tulsa, 01000663 Commission meeting on Monday, Sparta Cemetery, N of jct. of Hamilton and SOUTH DAKOTA September 10, 2001. Boland Sts., Sparta, 01000647 Brule County Troup County The meeting is open to the public. Dunlap Methodist Episcopal Church, Jct. of Interested persons may make oral/ Royal Theater, 301 E. Main St., Hogansville, 369th Ave., and 264th St., Platte, 01000666 written presentations to the Commission 01000646 or file written statements. Such requests Minnehaha County ILLINOIS should be made to the Superintendent Brandon Village, 2.5 mi. SW of Brandon, at least seven days prior to the meeting. Cook County Brandon, 01000664 Further information concerning this Chicago Varnish Company Building, 33 W. TEXAS meeting may be obtained from the Kinzie St., Chicago, 01000649 Tom Green County Superintendent, Acadia National Park, MASSACHUSETTS P.O. Box 177, Bar Harbor, Maine 04609, Harris Drug Store, (San Angelo MRA) 114 S. tel: (207) 288–3338. Worcester County Chadbourne St., San Angelo, 01000665 Crocker Field Historic District, River St., A request for Removal has been made for Dated: May 9, 2001. Fitchburg, 01000651 the following resource: Len Bobinchock, Warren Town Hall, 1 Main St., Warren, Acting Superintendent, Acadia National 01000650 OHIO Park. MICHIGAN Erie County [FR Doc. 01–13067 Filed 5–22–01; 8:45 am] Hotel Breakers, Cedar Point, Sandusky, BILLING CODE 4310–70–P Calhoun County 82003565 Roosevelt Community House, 107 Evergreen Rd., Springfield, 01000653 [FR Doc. 01–13066 Filed 5–22–01; 8:45 am] DEPARTMENT OF THE INTERIOR MINNESOTA BILLING CODE 4310–70–P National Park Service Hennepin County Christ Church Lutheran, 3244 34th Ave., S, National Register of Historic Places; Minneapolis, 01000654 Notification of Pending Nominations INTERNATIONAL TRADE MISSOURI COMMISSION Nominations for the following St. Louis Independent city Saint Louis properties being considered for listing Provident Association building, 2221 [Investigation No. 731–TA–702 (Review)] in the National Register were received Locust St., St. Louis (Independent City), by the National Park Service before May 01000652 Ferrovanadium and Nitrided Vanadium 12, 2001. Pursuant to section 60.13 of 36 OKLAHOMA From Russia CFR Part 60 written comments concerning the significance of these Cleveland County Determination properties under the National Register Ledbetter, H.E., House, (Bruce Goff Designed On the basis of the record 1 developed criteria for evaluation may be forwarded Resources in Oklahoma MPS) 701 W. in the subject five-year review, the to the National Register, National Park Brooks, Norman, 01000655 United States International Trade Service, 1849 C St., NW., NC400, Garvin County Commission determines, pursuant to Washington, DC 20240. Written First National Bank Building, 100 West Main, section 751(c) of the Tariff Act of 1930 comments should be submitted by June Stratford, 01000659 (19 U.S.C. § 1675(c)) (the Act), that 7, 2001. revocation of the antidumping duty Lincoln County order on ferrovanadium and nitrided Carol D. Shull, Rock Cafe, (Route 66 in Oklahoma MPS) 114 vanadium from Russia would be likely Keeper of the National Register of Historic W. Main St., Stroud, 01000661 to lead to continuation or recurrence of Places. McIntosh County material injury to an industry in the GEORGIA Oklahoma Odd Fellows Home at Checotah, United States within a reasonably 211 West North St., Checotah, 01000660 foreseeable time. Burke County Murray County McCanaan Missionary Baptist Church and 1 The record is defined in sec. 207.2(f) of the Cemetery, McCanaan Church Rd., Sardis, Historic Downtown Sulphur Commercial Commission’s Rules of Practice and Procedure (19 01000643 District, West Muskogee St., from W 1st St. CFR § 207.2(f)).
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Background Commencement of Final Phase Trade Commission, Washington, DC, The Commission instituted this Investigations and by publishing the notice in the review on June 5, 2000 (65 FR 35668) Pursuant to section 207.18 of the Federal Register of April 9, 2001 (66 FR and determined on September 1, 2000 Commission’s rules, the Commission 18508). The conference was held in that it would conduct a full review (65 also gives notice of the commencement Washington, DC, on April 23, 2001, and FR 55047, September 12, 2000). Notice of the final phase of its investigations. all persons who requested the of the scheduling of the Commission’s The Commission will issue a final phase opportunity were permitted to appear in review and of a public hearing to be notice of scheduling, which will be person or by counsel. held in connection therewith was given published in the Federal Register as The Commission transmitted its by posting copies of the notice in the provided in section 207.21 of the determination in this investigation to Office of the Secretary, U.S. Commission’s rules, upon notice from the Secretary of Commerce on May 17, International Trade Commission, the Department of Commerce of 2001. The views of the Commission are Washington, DC, and by publishing the affirmative preliminary determinations contained in USITC Publication 3426 notice in the Federal Register on in the investigations under sections (May 2001), entitled Softwood Lumber November 29, 2000 (65 FR 71120). The 703(b) and 733(b) of the Act, or, if the from Canada: Investigations Nos. 701– hearing was held in Washington, DC, on preliminary determinations are TA–414 and 731–TA–928 (Preliminary). March 15, 2001, and all persons who negative, upon notice of affirmative By order of the Commission. final determinations in those requested the opportunity were Issued: May 18, 2001. permitted to appear in person or by investigations under sections 705(a) and 735(a) of the Act. Parties that filed Donna R. Koehnke, counsel. Secretary. The Commission transmitted its entries of appearance in the preliminary [FR Doc. 01–13058 Filed 5–22–01; 8:45 am] determination is this investigation to the phase of the investigations need not Secretary of Commerce on May 15, enter a separate appearance for the final BILLING CODE 7020–02–P 2001. The views of the Commission are phase of the investigations. Industrial contained in USITC publication 3420 users, and, if the merchandise under investigation is sold at the retail level, INTERNATIONAL TRADE (May 2001), entitled Ferrovanadium and COMMISSION Nitrided Vanadium from Russia (Inv. representative consumer organizations No. 731–TA–702 (Review)). have the right to appear as parties in Commission antidumping and [Investigations Nos. 731–TA–875, 880, and By order of the Commission. countervailing duty investigations. The 882 (Final)] Issued: May 16, 2001. Secretary will prepare a public service Donna R. Koehnke, list containing the names and addresses Certain Steel Concrete Reinforcing Secretary. of all persons, or their representatives, Bars From Indonesia, Poland, and [FR Doc. 01–12883 Filed 5–22–01; 8:45 am] who are parties to the investigations. Ukraine BILLING CODE 7020–02–P Background Determinations On April 2, 2001, a petition was filed On the basis of the record 1 developed INTERNATIONAL TRADE with the Commission and Commerce by in the subject investigations, the United COMMISSION the Coalition for Fair Lumber Imports States International Trade Commission Executive Committee,3 Washington, DC; determines, pursuant to section 735(b) [Investigations Nos. 701–TA–414 and 731– the United Brotherhood of Carpenters of the Tariff Act of 1930 (19 U.S.C. TA–928 (Preliminary)] and Joiners, Portland, OR; and the 1673d(b)) (the Act), that an industry in Paper, Allied-Industrial, Chemical and the United States is materially injured Softwood Lumber From Canada Energy Workers International Union, by reason of imports from Indonesia, Nashville, TN, alleging that an industry Determinations Poland, and Ukraine of certain steel in the United States is materially 2 1 concrete reinforcing bars, provided for On the basis of the record developed injured and threatened with material in subheading 7214.20.00 of the in the subject investigations, the United injury by reason of imports of Harmonized Tariff Schedule of the States International Trade Commission subsidized and LTFV imports of 2 United States, that have been found by determines, pursuant to sections 703(a) softwood lumber from Canada. the Department of Commerce to be sold and 733(a) of the Tariff Act of 1930 (19 Accordingly, effective April 2, 2001, the U.S.C. § 1671b(a) and 1673b(a)) (the Commission instituted countervailing 1 The record is defined in sec. 207.2(f) of the Act), that there is a reasonable and antidumping duty investigations Commission’s Rules of Practice and Procedure (19 indication that an industry in the Nos. 701–TA–414 and 731–TA–928 CFR 207.2(f)). United States is threatened with (Preliminary). 2 Chairman Stephen Koplan, Vice Chairman material injury by reason of imports Notice of the institution of the Deanna Tanner Okun, and Commissioner Lynn M. Bragg determine that a regional industry in the from Canada of softwood lumber, Commission’s investigations and of a United States is materially injured by reason of provided for in subheadings 4407.10.00, public conference to be held in imports from Indonesia, Poland, and Ukraine of 4409.10.10, 4409.10.20, and 4409.10.90 connection therewith was given by certain steel concrete reinforcing bars. The defined of the Harmonized Tariff Schedule of posting copies of the notice in the Office region consists of all the states east of the Mississippi plus Arkansas, Louisiana, Missouri, and the United States, that are alleged to be of the Secretary, U.S. International Texas, as well as the District of Columbia and subsidized by the Government of Puerto Rico. Commissioner Marcia E. Miller, Canada and sold in the United States at 3 The Coalition for Fair Lumber Imports Executive Commissioner Jennifer A. Hillman, and less than fair value (LTFV). Committee is comprised of Hood Industries, Commissioner Dennis M. Devaney determine that International Paper Co., Moose River Lumber Co., an industry in the United States is materially New South, Inc., Plum Creek Timber Co., Potlatch injured by reason of imports from Indonesia, 1 The record is defined in sec. 207.2(f) of the Corp., Seneca Sawmill Co., Shearer Lumber Poland, and Ukraine of certain steel concrete Commission’s Rules of Practice and Procedure (19 Products, Shuqualak, Lumber Co., Sierra Pacific reinforcing bars. The Commission also determined CFR § 207.2(f)). Industries, Swift Lumber, Inc., Temple-Inland that critical circumstances did not exist with 2 Commissioner Bragg not participating. Forest Products, and Tolleson Lumber Co., Inc. respect to subject imports from Poland and Ukraine.
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in the United States at less than fair ACTION: Notice announcing public SUPPLEMENTARY INFORMATION: The value (LTFV). forum. Commission is holding a forum to seek the public’s views on issues relating to Background SUMMARY: The United States electronic filing and maintenance of The Commission instituted these International Trade Commission documents. In particular, and as investigations effective June 28, 2000, announces a public forum on issues discussed more fully below, the following receipt of petitions filed with relating to electronic filing and Commission would like to obtain views the Commission and Commerce by the maintenance of documents. on (1) What features of an electronic Rebar Trade Action Coalition (RTAC) DATES: The forum will be held on system might be helpful to users, (2) (Washington, DC) and its individual Wednesday, June 20, 2001, beginning at what technical difficulties might arise in members.3 The final phase of the 10 a.m. connection with such a system, and (3) investigations was scheduled by the ADDRESSES: The forum will be held in how the agency might implement such Commission following notification of Room 101, 500 E Street SW., a system. preliminary determinations by Washington, DC 20436. In 1996, the Commission established Commerce that imports of certain steel The event is open to the public, and the Electronic Document Imaging concrete reinforcing bars from registration is not required to attend. System (EDIS), which stores and Indonesia, Poland, and Ukraine were Seating will be available on a first-come, provides access to docket records in being sold at LTFV within the meaning first-served basis. Any person wishing agency investigations. The Commission of section 733(b) of the Act (19 U.S.C. to make an initial statement, of no more now is contemplating replacing EDIS 1673b(b)). Notice of the scheduling of than five minutes in length, may file a with a new document management the Commission’s investigations and of request to do so directed to the system that would provide better a public hearing to be held in Secretary to the Commission. Other functionality. In particular, Commission connection therewith was given by attendees will be given an opportunity is seeking as part of the new system the capability to accept documents posting copies of the notice in the Office to make statements, as time permits. A electronically. of the Secretary, U.S. International request to make an initial statement The Commission’s Rules of Practice Trade Commission, Washington, DC, should indicate the following information: (1) The name of the person and Procedure currently provide for the and by publishing the notice in the filing of documents with the agency in desiring to make a statement; (2) the Federal Register of February 14, 2001 paper form. Consistent with the organization or organizations (66 FR 10317). The hearing was held in Government Paperwork Elimination Act represented by that person, if any; (3) Washington, DC, on April 5, 2001, and (GPEA)(Div. C, Title XVII, Pub. L. 105– contact information (address, telephone, all persons who requested the 277), the Commission is considering and e-mail); and (4) information on the opportunity were permitted to appear in permitting parties and other persons to specific focus or interest of the person person or by counsel. file some documents with the agency (or his or her organization) and any The Commission transmitted its electronically. The Commission questions or issues the person would determinations in these investigations to contemplates obtaining the capability like to raise. A request may be sent by the Secretary of Commerce on May 25, to, inter alia: (1) Permit a person to 2001. The views of the Commission are e-mail to ‘‘[email protected],’’ or by make a filing by uploading it contained in USITC Publication 3425 mail or hand delivery to the Secretary, electronically to a Commission Web (May 2001), entitled Certain Steel United States International Trade site; (2) provide security to protect Concrete Reinforcing Bars from Commission, 500 E Street, SW., confidential business and business Indonesia, Poland, and Ukraine: Washington, DC 20436. proprietary information from Investigations Nos. 731–TA–875, 880, The deadline for receipt of requests is unauthorized disclosure; (3) verify the and 882 (Final). Wednesday, June 13, 2001. identity of the submitter through a Any person may file written password, electronic signature, or other Issued: May 17, 2001. comments about the issues discussed in By order of the Commission. security system; (4) acknowledge receipt this notice. Any such comments should of the submission by an electronic Donna R. Koehnke, be addressed to the Secretary, United message to establish when filing Secretary. States International Trade Commission, occurred; and (5) alert in-house users of [FR Doc. 01–12884 Filed 5–22–01; 8:45 am] 500 E Street, SW., Washington, DC new submissions. A new Commission BILLING CODE 7020–02–P 20436, and must be filed no later than document management system might July 6, 2001. also permit faster searches for and FOR FURTHER INFORMATION CONTACT: retrieval of documents in the INTERNATIONAL TRADE Marilyn Abbott (202–205–2799), Deputy Commission’s docket files than COMMISSION Secretary, Office of the Secretary, U.S. currently permitted by EDIS. International Trade Commission, 500 E Permitting electronic filing would Forum on Issues Relating to Electronic Street SW., Washington, DC 20436. involve both the acquisition of new Filing and Maintenance of Documents Hearing-impaired persons can obtain information technology and the revision information on this matter by contacting of the agency’s procedures, including AGENCY: United States International the Commission’s TDD terminal on 202– the Rules of Practice and Procedure. The Trade Commission. 205–1810. Persons with mobility Commission will provide an impairments who will need special opportunity for public comment on any 3 The individual members of RTAC on whose behalf the petitions were filed are as follows: assistance in gaining access to the proposed rules amendments, but is AmeriSteel (Tampa, FL); Auburn Steel Co., Inc. Commission should contact the Office seeking the views of the public now on (Auburn, NY); Birmingham Steel Corp. of the Secretary at 202–205–2000. the broader issues raised by the prospect (Birmingham, AL); Border Steel, Inc. (El Paso, TX); General information concerning the of allowing electronic filing. The CMC Steel Group (Seguin, TX); Marion Steel Co. (Marion, OH); Nucor Steel (Darlington, SC); and Commission may also be obtained by Commission encourages party Riverview Steel (Glassport, PA). Auburn was not a accessing its Internet server (at URL representatives, other document filers, petitioner with respect to Indonesia. http://www.usitc.gov). and other interested persons to
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participate in the forum and provide continue, over the long or short term, to Environmental Protection Agency their views on the issues discussed require a number of paper copies. (‘‘EPA’’). The Consent Decree also below as well as others they wish to Moreover, the Commission could permit requires the settling defendants to raise. Considerations such as technical filers to submit certain documents perform the Remedial Design/Remedial and funding constraints may limit the electronically while other types of Action (‘‘RD/RA’’) as set forth in the Commission’s ability to implement document would continue to be filed in Record of Decision issued by EPA on some of the features that may be paper form. In addition, for those March 31, 2000. suggested at the forum, but the agency documents that eventually would be The Department of Justice will plans to take all such views into account fileable electronically, electronic filing receive, for a period of thirty (30) days in determining whether and how to could be phased in over time so that from the date of this publication, permit electronic filing and to provide initially parties could file some comments relating to the proposed other facilities for doing docket-related documents electronically, but other consent decree. Comments should be business with the Commission documents might continue in paper addressed to the Assistant Attorney electronically. form. General, Environment and Natural The Commission wants any document The Secretary to the Commission will Resources Division, P.O. Box 7611, U.S. management system it may implement preside at the forum, assisted by agency Department of Justice, Washington, DC to benefit users inside and outside the staff who are members of the agency’s 20044–7611, and should refer to United agency. Permitting electronic filing Document Imaging Oversight States v. Agway Inc., et al., DOJ Ref. would serve no purpose if document Committee. The forum will be open to #90–11–3–1514/1. filers did not choose to file the public. However, to seek an The proposed consent decree may be electronically. Consistent with the opportunity to make an initial examined at the office of the United GPEA, the Commission does not intend statement, no longer than five minutes States Attorney for the District of New to require electronic filing. The in length, a person must submit a Jersey, 231 Foley U.S. Courthouse, 445 Commission encourages attendees to request to do so by the deadline for Broadway, Albany, NY 12207 (contact provide their views on what system requests set out above. A person who Assistant United States Attorney James features would be helpful to them. For attends the forum without having Woods); and the Region II Office of the example, some document formats may submitted such a request will be given Environmental Protection Agency, 290 be easier to use than others. Moreover, an opportunity to make a statement as Broadway, New York, New York 10007– some documents, such as papers drafted time permits. A person may submit 1866 (contact Assistant Regional by the submitter, may be easier to file written comments on the issues raised Counsel, Michael Mintzer). A copy of electronically than others, such as in this notice by the deadline for written the proposed consent decree may be appendices containing material from comments set out above whether or not obtained by mail from the Consent reference works in hard copy. Further, he or she files a request or attends the Decree Library, P.O. Box 7611, how deadlines are set for electronic forum. Washington, DC 20044–7611. In filing may affect a filer’s decision to requesting a copy please refer to the choose between paper and electronic Issued: May 17, 2001. referenced case and enclose a check in filing. By order of the Commission. the amount of $29.00 (25 cents per page A particularly relevant topic for the Donna R. Koehnke, reproduction costs) for the Consent forum would be the potential technical Secretary. Decree without Appendices, or in the difficulties that may arise in connection [FR Doc. 01–12885 Filed 5–22–01; 8:45 am] amount of $61.50 for the Consent Decree with electronic filing. For example, the BILLING CODE 7020–02–P with all Appendices, payable to the software that removes confidential Consent Decree Library. business information from the public Ronald Gluck, versions of paper filings may not suffice DEPARTMENT OF JUSTICE for an electronic filing. Also, various Assistant Section Chief, Environmental circumstances may result in a failure to Enforcement Section, Environmental and Notice of Lodging of Consent Decree Natural Resources Division. connect to the agency’s website, Pursuant to The Comprehensive [FR Doc. 01–13027 Filed 5–22–01; 8:45 am] delaying or preventing filing. To aid in Environmental Response BILLING CODE 4410–15–M such a discussion, the Commission Compensation and Liability Act encourages participants in the forum to (‘‘CERCLA’’) bring technical staff familiar with the DEPARTMENT OF JUSTICE computer systems of participants’ Notice is hereby given that a proposed organizations. consent decree in United States v. Notice of Lodging of Consent Decree The Commission is also interested in Agway Inc., et al. Civ. No. 3:01cv0637 Pursuant to the Comprehensive attendees’ comments on how to change NAM/GLS, was lodged on May 1, 2001 Environmental Response, the filing process. Currently, filers with the United States District Court for Compensation and Liability Act generally must submit an original and the Northern District of New York. The fourteen paper copies of a document. Consent Decree concerns hazardous In accordance with the policy of the Electronic filing would present the waste contamination at the Tr-Cities Department of Justice, notice is hereby agency with a number of options for Barrel Superfund Site (the ‘‘Site’’), given that a proposed consent decree in how to proceed with respect to that located in the Town of Fenton, Broome The United States of America v. The requirement. The Commission could County, New York. The Consent Decree Atlantic Richfield Company, the remove entirely the requirement for would resolve the liability for Atlantic Richfield Company v. The submitting paper copies. That would reimbursement of response costs United States of America Civ. Nos. mean that Commission personnel either incurred by the United States in 1:99–CV–1743 and 5:98–CV–2645, was would forgo the use of paper copies or connection with the Site as to forty- lodged with the United States District would incur staff time and printing three potentially responsible parties Court for the Northern District of Oh8io, costs making copies for their use. against whom the United States filed a on May 4, 2001. The United States Alternatively, the agency could complaint on behalf of the United States brought an action against Defendant, the
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Atlantic Richfield Company (‘‘ARCO’’) DEPARTMENT OF JUSTICE The Decree may be examined at the pursuant to Section 107 of the office of the United States Attorney for Comprehensive Environmental Notice of Lodging of Consent Decree the District of the Virgin Islands, 1108 Response, Compensation and Liability Pursuant to the Resource King St., Suite 201, St. Croix, U.S.V.I. Act (CERCLA) for, inter alia, Conservation and Recovery Act 00820–4951 (contact Assistant United reimbursement of costs incurred and to (‘‘RCRA’’) States Attorney Ernest F. Batenga); and be incurred, by the United States in the Region II Office of the Pursuant to Departmental policy, 28 connection with response actions at the Environmental Protection Agency, 290 CFR 50.7, notice is hereby given that a Alsco Anaconda Superfund Site (‘‘Site’’) Broadway, New York, New York, proposed consent decree (‘‘Decree’’) in in Gnadenhutten, Ohio. ARCO has 10007–1866 (contact Assistant Regional United States v. Raymond T. James and Counsel Donna DeCostanzo). A copy of implemented a remedial action that the Rattan Investment Co., Inc., Civ. No. United States Environmental Protection the Decree may be obtained by mail 1999/145, was lodged on May 7, 2001 from the Consent Decree Library, P.O. Agency selected for the Site and with the United States District Court for Box 7611, Washington, D.C. 20044– asserted claims pursuant to Section the District of the Virgin Islands. 7611. In requesting a copy please refer 106(b) of CERCLA to recover certain of In this action, the United States to the referenced case and enclose a its response costs from the Hazardous sought civil penalties and injunctive check in the amount of $6.25 (25 cents Substance Superfund. relief, alleging that the operator of a gas per page reproduction costs), payable to Under the proposed decree, ARCO station popularly known as ‘‘Charlie’s the Consent Decree Library. will pay $1,135,000 in satisfaction of the Gas Station,’’ located in Christiansted, Ronald G. Gluck, United States’ claims against it. The St. Croix, U.S. Virgin Islands, violated Assistant Chief, Environmental Enforcement proposed decree also provides for provisions of the Resource Conservation Section, Environment and Natural Resources dismissal with prejudice of ARCO’s and Recovery Act (‘‘RCRA’’), 42 U.S.C. Division. claims against the United States for 6901–6992k. More particularly, the [FR Doc. 01–13025 Filed 5–22–01; 8:45 am] reimbursement of certain costs ARCO United States alleged that the operators BILLING CODE 4410–15–M incurred in connection with response of Charlie’s Gas Station failed to employ actions it performed at the Site. the release detection methods required The Department of Justice will receive for the underground storage tanks DEPARTMENT OF JUSTICE comments relating to the proposed (USTs) at the facility under federal Notice of Lodging of Consent Decree consent decree for a period of 30 days regulations applicable to USTs set forth at 40 CFR Part 280, Subpart D, and Pursuant to the Clean Air Act from the date of this publication. failed to respond to various information Comments should be addressed to the In accordance with Department of requests sent to them by EPA under the Assistant Attorney General of the Justice policy, 28 CFR 50.7, notice is authority of Sections 3007(a) and Environment and Natural Resources hereby given that a proposed consent 9005(a) of RCRA, 42 U.S.C. 6927(a), Division, Department of Justice, decree in the action entitled United 6991d(a). The Decree would resolve the States of America v. Shell Oil Company Washington, DC 20530. All comments liability of the defendants, Raymond T. should refer to United States v. The and Motiva Enterprises LLC, Civil James and Rattan Investment Co., Inc., Action No. 3:01CV00093 RNC (D. Atlantic Richfield Company, D.J. Ref. for the alleged violations. The Decree 90–11–3–488B. Conn.), was lodged on April 27, 2001 requires the defendants to come into with the United States District Court for The proposed consent decree may be compliance with UST regulations by the District of Connecticut. The examined at the office of the United permanently closing the USTs at proposed consent decree resolves claims States Attorney for the Northern District Charlie’s Gas Station (which have been of the United States, on behalf of the of Ohio, 1800 Bank One Center, 600 temporarily closed since December 22, U.S. Environmental Protection Agency, Superior Avenue, Cleveland, Ohio 1998) within sixty days after entry of the under Sections 111 and 112 of the Clean 44114–2600; and at the Region V office Decree, which closure will entail Air Act, 42 U.S.C. 7411 and 7412, its of the Environmental Protection cleaning and emptying the USTs, implementing federal regulations, and Agency, 77 West Jackson Boulevard, performing a site assessment within five the Connecticut State Implementation Chicago, Illinois 60604–3590. A copy of days thereafter to determine whether Plan, against defendants Shell Oil the proposed consent decree may be there is any contamination at the Company and Motiva Enterprises LLC. obtained in person or by mail from the facility, and , if such contamination is These claims are for injunctive relief Department of Justice Consent Decree found, implementing corrective action. and civil penalties arising from Library, P.O. Box 7611, Washington, DC The Decree further requires the defendants’ alleged violations of the 20044–7611. In requesting a copy, defendants to pay a civil penalty of Clean Air Act, its implementing please enclose a check in the amount of $6,000. regulations, and the State $5.25 (25 cents per page reproduction The Department of Justice will Implementation Plan in connection with costs) payable to the Consent Decree receive, for a period of thirty (30) days their operation of a bulk gasoline Library. When requesting a copy, please from the date of this publication, terminal located within the Towns of refer to United States v. The Atlantic comments relating to the Decree. Bridgeport and Stratford, Connecticut. Richfield Company. D.J. Ref. 90–11–3– Comments should be addressed to the Under the terms of the proposed 488B. Assistant Attorney General, consent decree, the defendants: (1) Will Environment and Natural Resources pay a civil penalty of $390,155 to the William D. Brighton, Division, P.O. Box 7611, U.S. United States; (2) will purchase and Assistant Chief, Environmental Enforcement Department of Justice, Washington, D.C. permanently retire twenty-two tons Section, Environment and Natural Resources 20044–7611, and should refer to United worth of nitrogen oxide emission Division. States v. Raymond T. James and Rattan reduction credits during ozone season, [FR Doc. 01–13028 Filed 5–22–01; 8:45 am] Investment Co., Inc., DOJ Ref. #90–7–1– to be purchased in either Connecticut, BILLING CODE 4410–15–M 06362. Massachusetts, New York, or Rhode
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Island; (3) have ceased operation of Company (the Defendant) is liable under National Cooperative Research and loading bay no. 5 at the gasoline the Oil Pollution Act of 1990 (OPA) and Production Act of 1993, 15 U.S.C. terminal as of December 28, 2000, and the Clean Water Act (CWA) for costs § 4301 et seq. (‘‘the Act’’), nLine are permanently enjoined from incurred by the Environmental Corporation has filed written resuming any further operation of that Protection Agency and the United States notification simultaneously with the loading bay until and unless they obtain Coast Guard as a result of the release or Attorney General and the Federal Trade the appropriate operating permit from substantial threat of a release of oil at a Commission disclosing (1) the identities the Connecticut Department of former gasoline service station in of the parties and (2) the nature and Environmental Protection; and (4) are Preston, Idaho (the Facility). In the objectives of the venture. The permanently enjoined from loading Complaint, the United States also notifications were filed for the purpose gasoline or other volatile organic sought civil penalties for violation of an of invoking the Act’s provisions limiting compounds into barges at the terminal administrative order issued pursuant to the recovery of antitrust plaintiffs to without use of a vapor collection and the CWA and the Resource Conservation actual damages under specified disposal system. and Recovery Act (RCRA). circumstances. Pursuant to Section 6(b) The Department of Justice will Under the proposed Decree, the of the Act, the identities of the parties receive, for a period of thirty (30) days Defendant shall pay $722,000 in are nLine Corporation, Austin, TX; from the date of this publication, reimbursement of removal costs. InterScience, Inc., Troy, NY; comments relating to the proposed Additionally, the Defendant shall pay PixelVision, Inc., Beaverton, OR; and consent decree. Comments should be $478,000 in civil penalties. In exchange, Light Age, Inc., Somerset, NJ. The addressed to the Assistant Attorney the United States is granting Defendant nature and objectives of the venture are General, Environment and Natural a covenant not to sue or take to conduct research on technology for Resources Division, U.S. Department of administrative action against Defendant advanced semiconductor device Justice, Washington, DC 20530, and for the claims alleged in the Complaint. inspection. The activities of this venture should refer to United States v. Shell Oil This covenant not to sue extends only will be partially funded by an award Company and Motiva Enterprises LLC, to Defendant and does not extend to any from the Advanced Technology Civil Action No. 3:01V00093 RNC (D. other persons. Program, National Institute of Standards Conn.), DOJ Ref. No. 90–5–2–1–06921. The Department of Justice will and Technology, Department of The proposed consent decree may be receive, for a period of thirty (30) days Commerce. examined at the Office of the United from the date of this publication, Constance K. Robinson, States Attorney, 157 Church Street, New comments relating to the proposed Director of Operations, Antitrust Division. Haven, Connecticut 06510, or at the U.S. Decree. Comments should be addressed Environmental Protection Agency, One to the Assistant Attorney General for the [FR Doc. 01–13040 Filed 5–22–01; 8:45 am] Congress Street, Suite 1100, Boston, Environment and Natural Resources BILLING CODE 4410–11–M Massachusetts 02114–2023. A copy may Division, Department of Justice, P.O. be obtained by mail from the Consent Box 7611, Washington, DC 20044–7611, DEPARTMENT OF JUSTICE Decree Library, U.S. Department of and should refer to United States v. V– Justice, P.O. Box 7611, Ben Franklin 1 Oil Company, DOJ Ref. #90–5–1–1– Antitrust Division Station, Washington, DC 20044–7611. In 4396A. requesting a copy by mail, please refer The proposed Decree may be Notice Pursuant to the National to the referenced case and enclose a examined at the office of the United Cooperative Research and Production check in the amount of $3.75 (25 cents States Environmental Protection Act of 1993—The Asymmetrical Digital per page reproduction costs for the Agency, Region 10, 1200 Sixth Avenue, Subscriber Line Forum Decree) made payable to Consent Decree Seattle, Washington 98101. A copy of Library. the proposed Decree may also be Notice is hereby given that, on obtained by mail from the Consent November 20, 2000, pursuant to Section Ronald Gluck, Decree Library, P.O. Box 7611, 6(a) of the National Cooperative Assistant Chief, Environmental Enforcement Research and Production Act of 1993, Washington, DC 20044. In requesting a Section, Environmental and Natural 15 U.S.C. § 4301 et seq. (‘‘the Act’’), The copy of the Consent Decree, please refer Resources Division, U.S. Department of Asymmetrical Digital Subscriber Line to the referenced case number and Justice. Forum (‘‘ADSL’’) has filed written enclose a check in the amount of $4.50, [FR Doc. 01–13026 Filed 5–22–01; 8:45 am] notifications simultaneously with the payable to the Consent Decree Library. BILLING CODE 4410–15–M Attorney General and the Federal Trade Robert Maher, Commission disclosing changes in its Assistant Section Chief, Environmental membership status. The notifications DEPARTMENT OF JUSTICE Enforcement Section, Environment and were filed for the purpose of extending Natural Resources Division. the Act’s provisions limiting the Notice of Lodging of Consent Decree [FR Doc. 01–13029 Filed 5–22–01; 8:45 am] recovery of antitrust plaintiffs to actual Pursuant To the Oil Pollution Act of BILLING CODE 4410–15–M damages under specified circumstances. 1990 (OPA), the Clean Water Act Specifically, Applied Innovation, (CWA), and the Resource Conservation Dublin, OH; Bel Fuse, San Diego, CA; and Recovery Act (RCRA) DEPARTMENT OF JUSTICE Sharegate, Reno, NV; XIRCOM, Notice is hereby given that a proposed Thousand Oaks, CA; Sedona Networks, Consent Decree (Decree) in United Antitrust Division Kanata, Ontario, CANADA; RC States v. V–1 Oil Company, Civil Action Notice Pursuant to the National, Networks, San Diego, CA; Accelerated No. 96–0454–E BLW, was lodged May 2, Cooperative Research and Production Networks, Richardson, TX; DXO 2001, with the United States District Act of 1993—nLine Corporation Telecom, Seoul, REPUBLIC OF KOREA; Court for the District Of Idaho. AdEvia Limited, London, England, The Complaint filed in the above- Notice is hereby given that, on August UNITED KINGDOM; Calix Networks, referenced matter alleges that V–1 Oil 11, 2000, pursuant to Section 6(a) of the Petaluma, CA; NHC Communications,
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Mount Royal, Quebec, CANADA; were filed for the purpose of extending Macromolecular Crystallography Netility, Sunnyvale, CA; Kasenna, the Act’s provisions limiting the Association (IMCA) filed written Mountain View, CA; Xpeed Networks, recovery of antitrust plaintiffs to actual notifications simultaneously with the San Jose, CA; Interactive Enterprise Ltd., damages under specified circumstances. Attorney General and the Federal Trade Dublin, IRELAND; QS Communications, Specifically, Sheer Networks, Commission disclosing changes in its Cologne, GERMANY; Spirent Sunnyvale, CA; Navini Networks, Plano, membership status. The notifications Communications, Nepean, Ontario, TX; Sapphore Communications, Santa were filed for the purpose of extending CANADA; Sonus Networks, Freehold, Clara, CA; Garnet Systems Co., Seoul, the Act’s provisions limiting the NJ; Ericsson Aheadcom, Vienna, REPUBLIC OF KOREA; Birch Telecom, recovery of antitrust plaintiffs to actual AUSTRIA; KPNQwest, The Hague, THE Kansas City, MO; BroadJump, Austin, damages under specified circumstances. NETHERLANDS; Proscend TX; DSLB it Hantro Oy, Oulu, Specifically, Bayer Corporation has Communication, Hsinchu, TAIWAN; FINLAND; and eAccess Ltd., Tokyo, withdrawn as a member and 3- Mariposa Technology, Petaluma, CA; JAPAN have been added as parties to Dimensional Pharmaceuticals, Inc., a CES Computer Solutions, Chester, NY; this venture. Also, the following corporation of Delaware with its Legerity, Austin, TX; and L.E.A., Cesson companies have changed their names: principal place of business in Exton, Sevigne, FRANCE have been added as Concentric Networks, San Jose, CA is PA, has become a member. In addition, parties to this venture. Also, GTE/Bell now XO Communications, San Jose, CA; three members have changed their legal Atlantic, New York, NY has been Digicom Systems, Milpitas, CA is now names following mergers: The Upjohn acquired by Verizon, New York, NY. broadxent, Milpitas, CA; Silicon Company has changed its name to Also, the following companies have Automated Systems, Bangalore, INDIA Pharmacia and Upjohn Company, changed their names: Velocity is now Sasken Communication Peapack, NJ; G.D. Searle & Co. has Communications, Fremont, CA is now Technologies, Bangalore, INDIA; changed its name to Pharmacia Ikanos Communications, Fremont, CA is Telesoft International, Alta Loma, CA is Corporation, Peapack, NJ; and Parke- now RIAS Corporation, Fremont, CA; now Broadframe Corp., Alta Loma, CA; Davis Pharmaceutical Research has and Siecor, Keller, TX is now Corning Helsinki, Helsinki, FINLAND is now changed its name to Pfizer Global Cable Systems, Keller, TX. Elisa Communications, Helsinki, Research and Development, Ann Arbor No other changes have been made in FINLAND; Acterna, Salem, VA is not Laboratories. Pfizer, Inc., Ann Harbor, either the membership or planned TTC, Germantown, MD; and DSL MI. activity of the group research project. Testworks, Nepean, Ontario, CANADA No other changes have been made in Membership in this group research is now Spirent, Nepean, Ontario, either the membership or planned project remains open, an ADSL intends CANADA. activitity of the group research project. to file additional written notifications No other changes have been made in Membership in this group research disclosing all changes in membership. either the membership or planned remains open, and IMCA intends to file On May 15, 1995, ADSL filed its activity of the group research project. additional written notification original notification pursuant to Section Membership in this group research disclosing all changes in membership. 6(a) of the Act. The Department of project remains open, and ADSL intends On October 23, 1990, IMCA filed its Justice published a notice in the Federal to file additional written notifications original notification pursuant to Section Register pursuant to Section 6(b) of the disclosing all changes in membership. 6(a) of the Act. The Department of Act on July 25, 1995 (60 FR 38058). On May 15, 1995, ADSL filed its Justice published a notice in the Federal The last notification was filed with original notification pursuant to Section Register pursuant to Section 6(b) of the the Department on June 23, 200. A 6(a) of the Act. The Department of Act on December 3, 1990 (55 FR 49953). notice for this filing has not yet been Justice published a notice in the Federal The last notification was filed with published in the Federal Register. Register pursuant to Section 6(b) of the the Department on April 8, 1996. A notice was published in the Federal Constance K. Robinson, Act on July 25, 1995 (60 FR 38058). The last notification was filed with Register pursuant to Section 6(b) of the Director of Operations, Antitrust Division. the Department on November 20, 2000. Act on April 25, 1996 (61 FR 18410). [FR Doc. 01–13035 Filed 5–22–01; 8:45 am] A notice for this filing has not yet been Constance K. Robinson, BILLING CODE 4410–11–M published in the Federal Register. Director of Operations, Antitrust Division. Constance K. Robinson, [FR Doc. 01–13034 Filed 5–22–01; 8:45 am] DEPARTMENT OF JUSTICE Director of Operations, Antitrust Division. BILLING CODE 4410–11–M [FR Doc. 01–13039 Filed 5–22–01; 8:45 am] Antitrust Division BILLING CODE 4410–11–M DEPARTMENT OF JUSTICE Notice Pursuant to The National Cooperative Research and Production DEPARTMENT OF JUSTICE Antitrust Division Act of 1993—The Asymmetrical Digital Subscriber Line Forum Antitrust Division Notice Pursuant to the National Cooperative Research and Production Notice is hereby given that, on Notice Pursuant to The National Act of 1993—Multiservice Switching January 25, 2001, pursuant to Section Cooperative Research and Production Forum 6(a) of the National Cooperative Act of 1993—Industrial Research and Production Act of 1993, Macromolecular Crystallography Notice is hereby given that, on April 15 U.S.C. § 4301 et seq. (‘‘the Act’’), The Association (‘‘IMCA’’) 4, 2001, pursuant to Section 6(a) of the Asymmetrical Digital Subscriber Line National Cooperative Research and Forum (‘‘ADSL’’) has filed written Notice is hereby given that on July 18, Production Act of 1993, 15 U.S.C. notification simultaneously with the 2000, pursuant to Section 6(a) of the § 4301 et seq. (‘‘the Act’’), Multiservice Attorney General and the Federal Trade National Cooperative Research and Switching Forum (‘‘MSF’’) has filed Commission disclosing changes in its Production Act of 1993, 15 U.S.C. written notifications simultaneously membership status. The notifications § 4301 et seq. (‘‘the Act’’), Industrial with the Attorney General and the
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Federal Trade Commission disclosing membership status. The notifications notification disclosing all changes in changes in its membership status. The were filed for the purpose of extending membership. notifications were filed for the purpose the Act’s provisions limiting the On February 20, 1987, the National of extending the Act’s provisions recovery of antitrust plaintiffs to actual Center for Manufacturing Sciences, Inc. limiting the recovery of antitrust damages under specified circumstances. filed its original notification pursuant to plaintiffs to actual damages under Specifically, The Cross Company (dba Section 6(a) of the Act. The Department specified circumstances. Specifically, Cross Huller—North America), Sterling of Justice published a notice in the Anda Networks, San Jose, CA; Heights, MI; MAPAL, Inc., Piscataway, Federal Register pursuant to Section Armillaire Technologies, Bethesda, MD; NJ; Savi Technology, Inc., Sunnyvale, 6(b) of the Act on March 17, 1987 (52 Nahi Networks, Petaluma, CA; Telica, CA; SoftZone Engineering, Inc., FR 8375). Marlboro, MA; University of New Plymouth, MI; Triton Systems, Inc., The last notification was filed with Hampshire, Durham, NH; and Vocal Chelmsford, MA; Arizona State the Department on March 21, 2000. A Data, Richardson, TX have been added University, Tempe, AZ; The Federal notice was published in the Federal as parties to this venture. Also, 2nd Technology Center, North Highlands, Register pursuant to Section 6(b) of the Century Communications, Tampa, FL; CA; Michigan Manufacturing Act on August 9, 2000 (65 FR 48737). 3COM, Santa Clara, CA; ADC Technology Center, Ann Arbor, MI; and Telecommunications, Richardson, TX; Constance K. Robinson, Sandia National Laboratories, BellSouth, Atlanta, GA; CopperCom, Director of Operations, Antitrust Division. Albuquerque, NM have been added as Santa Clara, CA; Hitachi Telecom, [FR Doc. 01–13033 Filed 5–22–01; 8:45 am] parties to this venture. Also, AccuData, Tokyo, JAPAN; NetPlane, Dedham, MA; BILLING CODE 4410–11–M PairGain, Tustin, CA; Telefonica de Inc, Jackson, MI; Automated Precision , Espana, Madrid, SPAIN; Telia, Inc., Gaithersburg, MD; CAMotion, Inc., Stockholm, SWEDEN; Tellabs, Lisle, IL; Atlanta, GA; Cargill Detroit Corporation, DEPARTMENT OF JUSTICE Vivace Networks, San Jose, CA; and Clawson, MI; Cognition Corporation, Xbind, New York, NY have been Bedford, MA; Crystallume, Inc., Santa Antitrust Division dropped as parties to this venture. Clara, CA; Electrosource, Inc., San No other changes have been in either Marcos, TX; Framework Technologies Notice Pursuant to The National the membership or planned activity of Corporation, Medina, OH; ICAMP, Inc., Cooperative Research and Production the group research project. Membership Bolton, CT; I.Q. Plus Corporation, Act of 1993—Petroleum Environmental in this group research project remains Toronto, Ontario, CANADA; Lambda Research Forum (‘‘PERF’’) Technologies, Inc., Morrisville, NC; open, and MSF intends to file additional Notice is hereby given that, on March Liburdi Dimetrics Corporation, written notifications disclosing all 20, 2001, pursuant to Section 6(a) of the Dearborn, MI; Liburdi Engineering changes in membership. National Cooperative Research and Limited, Dearborn, MI; Liburdi On January 22, 1999, MSF filed its Production Act of 1993, 15 U.S.C. Pulsweld Corporation, Dearborn, MI; original notification pursuant to Section § 4301 et seq. (‘‘the Act’’), Petroleum Lockheed Martin Corporation, Idaho 6(a) of the Act. The Department of Environmental Research Forum Justice published a notice in the Federal Falls, ID; Manufacturing Control (‘‘PERF’’) has filed written notifications Register pursuant to Section 6(b) of the Associates, Inc., Palatine, IL; ORSCO, 3 simultaneously with the Attorney Act on May 26, 1999 (64 FR 28519). Inc., Shelby Township, MI; SP , General and the Federal Trade The last notification was filed with Mountain View, CA; Spatial Commission disclosing changes in its the Department on January 8, 2001. A Technology, Inc., Boulder, CO; Sprint membership status. The notifications notice was published in the Federal Communications Corporation, Reston, were filed for the purpose of extending Register pursuant to Section 6(b) of the VA; Timesavers, Inc., Minneapolis, MN; the Act’s provisions limiting the Act on March 29, 2001 (66 FR 17202). TRW Broadband Communication recovery of antitrust plaintiffs to actual Constance K. Robinson, Network, Carson, CA; UES, Inc., Dayton, damages under specified circumstances. OH; WebEnable, Inc., Harvard, MA; Director of Operations, Antitrust Division. Specifically, Oryx Energy Company, Ecole Polytechnique, Montreal, Quebec, Dallas, TX has been dropped as a party [FR Doc. 01–13037 Filed 5–22–01; 8:45 am] CANADA; IIT Research Institute, BILLING CODE 4410–11–M to this venture. Chicago, IL; Independent Lubricant No other changes have been made in Manufacturers Association, Alexandria, either the membership or planned DEPARTMENT OF JUSTICE VA; Michigan Biotechnology Institute, activity of the group research project. Lansing, MI; Robert C. Byrd Institute For Membership in this group research Antitrust Division Advanced Flexible Manufacturing project remains open, and Petroleum Systems, Huntington, WV; Rensselaer Environmental Research Forum Notice Pursuant to the National Polytechnic Institute, Troy, NY; State (‘‘PERF’’) intends to file additional Cooperative Research and Production Board of Technical Colleges, St. Paul, written notification disclosing all Act of 1993—National Center for MN; University of Texas at Arlington, changes in membership. Manufacturing Sciences, Inc. Fort Worth, TX; and University of Texas On February 10, 1986, Petroleum Notice is hereby given that, on July at Austin Manufacturing Systems Environmental Research Forum 19, 2000, pursuant to Section 6(a) of the Center, Austin, TX have been dropped (‘‘PERF’’) filed its original notification National Cooperative Research and as parties to this venture. pursuant to Section 6(a) of the Act. The Production Act of 1993, 15 U.S.C. No other changes have been made in Department of Justice published a notice § 4301 et seq. (‘‘the Act’’), National either the membership or planned in the Federal Register pursuant to Center For Manufacturing Sciences, Inc. activity of the group research project. Section 6(b) of the Act on March 14, has filed written notifications Membership in this group research 1986 (51 FR 8903). simultaneously with the Attorney project remains open, and the National The last notification was filed with General and the Federal Trade Center For Manufacturing Sciences, Inc. the Department on August 18, 2000. A Commission disclosing changes in its intends to file additional written notice was published in the Federal
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Register pursuant to Section 6(b) of the DEPARTMENT OF JUSTICE were filed for the purpose of extending Act on October 6, 2000 (65 FR 59875). the Act’s provisions limiting the Antitrust Division recovery of antitrust plaintiffs to actual Constance K. Robinson, damages under specified circumstances. Notice Pursuant to the National Director of Operations Antitrust Division. Specifically, Arasan Chip System, San [FR Doc. 01–13030 Filed 5–22–01; 8:45 am] Cooperative Research and Production Act of 1993—The SNP Consortium Ltd. Jose, CA; Axeon Limited, Aberdeen, BILLING CODE 4410–11–M Scotland, UNITED KINGDOM; Beach Notice is hereby given that, on Solutions Ltd., Tavistock, England, January 31, 2000 and April 14, 2000, UNITED KINGDOM; Annette Bunker DEPARTMENT OF JUSTICE pursuant to Section 6(a) of the National (individual member), Salt Lake City, Cooperative Research and Production Antitrust Division UT; Jeffrey Choi (Jong Kwan) Act of 1993, 15 U.S.C. § 4301 et seq. (individual member), San Jose, CA; (‘‘the Act’’), The SNP Consortium Notice Pursuant to The National InTime Software, Inc., Cupertino, CA; (‘‘TSC’’) filed written notifications Memec Core, Raleigh, NC; Morpho Cooperative Research and Production simultaneously with the Attorney Technologies, Irvine, CA; Nazomi Act of 1993—Portland Cement General and the Federal Trade Communications, Inc., Santa Clara, CA; Association Commission disclosing changes in its membership status. The notifications Gang Qu (individual member), College Notice is hereby given that, on April were filed for the purpose of extending Park, MD; Verplex Systems, Inc., 18, 2001, pursuant to Section 6(a) of the the Act’s provisions limiting the Milpitas, CA; and Xi’An Swip Co., Ltd., National Cooperative Research and recovery of antitrust plaintiffs to actual Xi’an, Shaangxi, PEOPLE’S REPUBLIC Production Act of 1993, 15 U.S.C. damages under specified circumstances. OF CHINA have been added as parties § 4301 et seq. (‘‘the Act’’), Portland Specifically, International Business to this venture. Also, 3Com Corporation, Cement Association (‘‘PCA’’) has filed Machines Corporation, Armonk, NY; Santa Clara, CA; A Priori Microsystems, written notifications simultaneously Motorola, Inc., Schaumburg, IL; and Inc., Fukuoka, JAPAN; Artest Corp., with the Attorney General and the Amersham Pharmacia Biotech Inc., Phoenix AZ; Avaz Networks (formerly Federal Trade Commission disclosing Piscataway, NJ have been added as Communications Enabling Technology), changes in its membership status. The parties to this venture. In addition, Irvine, CA; Prakash Bare (individual notifications were filed for the purpose Hoechst Marion Roussel, Inc., member), San Jose, CA; Gatefield Corp., of extending the Act’s provisions Bridgewater, NJ, has been recognized Fremont, CA; Dominique Houzet limiting the recovery of antitrust and is now named Aventis (individual member), Toulouse, Pharmaceuticals Inc. plaintiffs to actual damages under FRANCE; IMMS, Thuringen, No other changes have been made in GERMANY; Innoveda Ltd., Herzlia, specified circumstances. Specifically, either the membership or planned ISRAEL; Massana, Inc., Campbell, CA; FMSC Group Inc., Bethlehem, PA has activity of the group research project. been added as an Associate Member of Membership in this group research Pioneer Corporation, Tokyo, JAPAN; this venture; and Bulk Materials project remains open, and TSC intends Pivotal Technologies, Pasadena, CA; International Company, Newton, CT is to file additional written notification RocketChips, Inc., Minneapolis, MN; no longer an Associate Member. Also, disclosing all changes in membership. Sierra Research and Technology, Inc., Southdown, Inc., Owen Sound, Ontario, On April 20, 1999, TSC filed its Westlake Village, CA; Mandayam Sriva CANADA was acquired by CEMEX, original notification pursuant to Section (individual member), Menlo Park, CA; Monterrey, MEXICO; and Southdown, 6(a) of the Act. The Department of Synplicity, Inc., Sunnyvale, CA; Texas Inc. and CEMEX USA, Houston, TX are Justice published a notice in the Federal Instruments, Inc., Dallas, TX; The now known as Cemex, Inc. Register pursuant to Section 6(b) of the Silicon Group, Austin, TX; and Frank Act on October 7, 1999 (64 FR 54645). No other changes have been made in Vahid (individual member), Riverside, either the membership or planned Constance K. Robinson, CA have been dropped as parties to this activity of the group research project. Director of Operations, Antitrust Division. venture. Membership in this group research [FR Doc. 01–13038 Filed 4–22–01; 8:45 am] No other changes have been made in project remains open, and PCA intends BILLING CODE 4410–11–M either the membership or planned to file additional written notification activity of the group research project. disclosing all changes in membership. Membership in this group research DEPARTMENT OF JUSTICE On January 7, 1985, PCA filed its project remains open, and VSI Alliance intends to file additional written original notification pursuant to Section Antitrust Division 6(a) of the Act. The Department of notification disclosing all changes in Justice published a notice in the Federal Notice Pursuant to The National membership. Register pursuant to Section 6(b) of the Cooperative Research and Production On November 29, 1996, VSI Alliance Act of February 5, 1995 (50 FR 5015). Act of 1993—VSI Alliance filed its original notification pursuant to The last notification was filed with Notice is hereby given that, on April Section 6(a) of the Act. The Department the Department on February 13, 2001. A 10,2001, pursuant to Section 6(a) of the of Justice published a notice in the notice was published in the Federal National Cooperative Research and Federal Register pursuant to Section Register pursuant to Section 6(b) of the Production Act of 1993, 15 U.S.C. 6(b) of the Act on March 4, 1997 (62 FR Act on March 8, 2001 (66 FR 13971). § 4301 et seq. (‘‘the Act’’), VSI Alliance 9812). has filed written notifications The last notification was filed with Constance K. Robinson, simultaneously with the Attorney the Department on January 16, 2001. A Director of Operations, Antitrust Division. General and the Federal Trade notice was published in the Federal [FR Doc. 01–13032 Filed 5–22–01; 8:45 am] Commission disclosing changes in its BILLING CODE 4410–11–M membership status. The notifications
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Register pursuant to Section 6(b) of the notice for this filing has not yet been for workers of the subject firm. The Act on March 20, 2001 (66 FR 15760). published in the Federal Register. workers produce men’s pants, shorts and coats. New findings show that there Constance K. Robinson, Constance K. Robinson, was a previous certification, TA–W– Director of Operations, Antitrust Division. Director of Operations, Antitrust Division. 35,858 and TA–W–38,858A, issued on [FR Doc. 01–13036 Filed 5–22–01; 8:45 am] [FR Doc. 01–13031 Filed 5–22–01; 8:45 am] April 30, 1999, for workers of Haggar BILLING CODE 4410–11–M BILLING CODE 4410–11–M Clothing Company, Edinburg Manufacturing, Edinburg, Texas and Haggar Clothing Company, Weslaco DEPARTMENT OF JUSTICE DEPARTMENT OF LABOR Operations, Weslaco, Texas who were engaged in employment related to the Antitrust Division Employment and Training production of men’s pants, shorts and Administration coats. That certification expired April Notice Pursuant to The National [TA–W–38,405] 30, 2001. To avoid an overlap in worker Cooperative Research and Production group coverage, the certification is being Act of 1993—Wireless Application Cabot Performance Materials amended to change the impact date Protocol Forum, Ltd. Boyertown, PA; Dismissal of from February 14, 2000 to May 1, 2001, Application for Reconsideration for workers of the subject firm. Notice is hereby given that, on April The amended notice applicable to 3, 2001, pursuant to Section 6(a) of the Pursuant to 29 CFR 90.18(C) an TA–W–38,732 and TA–W–38,732A is National Cooperative Research and application for administrative hereby issued as follows: Production Act of 1993, 15 U.S.C. reconsideration was filed with the Director of the Division of Trade All workers of Haggar Clothing Company, § 4301 et seq. (‘‘the Act’’), Wireless Adjustment Assistance for workers at Edinburg Manufacturing, Edinburg, Texas Application Protocol Forum, Ltd. (TA–W–38,732) and Haggar Clothing Cabot Performance Materials, (‘‘WAP’’) has filed written notifications Company, Weslaco Operations, Weslaco, Boyertown, Pennsylvania. The simultaneously with the Attorney Texas (TA–W–38,732A) who became totally application contained no new General and the Federal Trade or partially separated from employment on or substantial information which would after May 1, 2001 through April 12, 2003 are Commission disclosing changes in its bear importantly on the Department’s eligible to apply for adjustment assistance membership status. The notifications determination. Therefore, dismissal of under Section 223 of the Trade Act of 1974. were filed for the purpose of extending the application was issued. Signed at Washington, DC this 7th day of the Act’s provisions limiting the TA–W–38,405; Cabot Performance Materials, May, 2001. recovery of antitrust plaintiffs to actual Linda G. Poole, damages under specified circumstances. Boyertown, Pennsylvania (May 2, 2001) Signed at Washington, D.C. this 3rd day of Certifying Officer, Division of Trade Specifically, CacheFlow Inc., Tokyo, Adjustment Assistance. JAPAN; CASIO SOFT CO., LTD., Tokyo, May, 2001. [FR Doc. 01–12998 Filed 5–22–01; 8:45 am] JAPAN; Cellnext Solutions Limited, Edward A. Tomchick, BILLING CODE 4510–30–M New Delhi, INDIA; Cisco Systems, Inc., Director, Division of Trade Adjustment Research Triangle Park, NC; Finetix Assistance. Limited, London, England, UNITED [FR Doc. 01–13005 Filed 5–22–01; 8:45 am] DEPARTMENT OF LABOR KINGDOM; GEO Interactive Media BILLING CODE 4510–30–M Group Ltd., Givataim, ISRAEL; Employment and Training iConverse, Waltham, MA; Interactive Administration Trust Network, Inc., Atlanta, GA; DEPARTMENT OF LABOR Jataayu Software Ltd., Bangalore, INDIA; Investigations Regarding Certifications Employment and Training of Eligibility to Apply for Worker MobiApps, Inc., McLean, VA; Niragongo Administration Inc., Herzliya, ISRAEL; Sila Adjustment Assistance Communications Ltd., London, England, [TA–W–38,732 and TA–W–38,732A] Petitions have been filed with the UNTIED KINGDOM; SingleSignOn.Net Secretary of Labor under section 221(a) Inc., Reston, VA; and ValiCert, Inc., Haggar Clothing Company Edinburg Manufacturing Edinburg, Texas and of the Trade Act of 1974 (‘‘the Act’’) and Mountain View, CA have been added as are identified in the Appendix to this parties to this venture. Weslaco Operations, Weslaco, Texas; Amended Certification Regarding notice. Upon receipt of these petitions, No other changes have been made in Eligibility to Apply for Worker the Director of the Division of Trade either the membership or planned Adjustment Assistance Adjustment Assistance, Employment activity of the group research project. and Training Administration, has Membership in this group research In accordance with section 223 of the instituted investigations pursuant to project remains open, and WAP intends Trade Act of 1974 (19 U.S.C. 2273) the section 221(a) of the Act. to file additional written notifications Department of Labor issued a Notice of The purpose of each of the disclosing all changes in membership. Certification Regarding Eligibility to investigations is to determine whether Apply for Worker Adjustment the workers are eligible to apply for On March 18, 1998, WAP filed its Assistance on April 12, 2001, applicable adjustment assistance under Title II, original notification pursuant to Section to workers of Haggar Clothing Company, Chapter 2, of the Act. The investigations 6(a) of the Act. The Department of Edinburg Manufacturing, Edinburg, will further relate, as appropriate, to the Justice published a notice in the Federal Texas and Haggar Clothing Company, determination of the date on which total Register pursuant to Section 6(b) of the Weslaco Operations, Weslaco, Texas. or partial separations began or Act on December 31, 1998 (63 FR The notice was published in the Federal threatened to begin and the subdivision 72333). Register on May 2, 2001 (FR 66 22006). of the firm involved. The last notification was filed with At the request of the State agency, the The petitioners or any other persons the Department on January 8, 2001. A Department reviewed the certification showing a substantial interest in the
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subject matter of the investigations may the Director, Division of Trade Department of Labor, Room C–5311, 200 request a public hearing, provided such Adjustment Assistance, at the address Constitution Avenue, NW., Washington, request is filed in writing with the shown below, not later than June 4, DC 20210. Director, Division of Trade Adjustment 2001. Signed at Washington, DC this 23rd day of Assistance, at the address shown below, The petitions filed in this case are April, 2001. not later than June 4, 2001. available for inspection at the Office of Edward A. Tomchick, Interested persons are invited to the Director, Division of Trade Director, Division of Trade Adjustment submit written comments regarding the Adjustment Assistance, Employment Assistance. subject matter of the investigations to and Training Administration, U.S. Appendix
PETITIONS INSTITUTED ON 04/23/2001
Subject firm Date of TA–W (petitioners) Location petition Product(s)
39,067 ...... Thomas Saginaw Ball (UAW) ...... Saginaw, MI ...... 04/03/2001 Linear actuators. 39,068 ...... Elizabeth Webbing Mills (Co.) ...... Central Falls, RI ...... 04/09/2001 Polyester and nylon webbing. 39,069 ...... Rosboro Lumber Co. (Wkrs) ...... Springfield, OR ...... 04/06/2001 Softwood dimensional lumber. 39,070 ...... Eagle Knitting Mills (UNITE) ...... Shawano, WI ...... 02/16/2001 Cut and sew apparel. 39,071 ...... H.H. Fessler Knitting (Wkrs) ...... Shoemakersville, PA ... 04/06/2001 Ladies’ apparel. 39,072A ...... Fayette Enterprises (Co) ...... Fayette, MS ...... 04/05/2001 Occasional tables. 39,072 ...... Thomasville Furniture Ind (Co.) ...... Johnson City, TN ...... 04/05/2001 Occasional tables. 39,073 ...... Pen Tab—Stuart Hall (PACE) ...... Kansas City, MO ...... 03/29/2001 Paper commodities, school supplies. 39,074 ...... Chief Wenatchee, Inc (Co.) ...... Wenatchee, WA ...... 04/03/2001 Apples. 39,075 ...... Irving Tanning Co. (Co.) ...... Hartland, ME ...... 04/09/2001 Finished leather. 39,076 ...... Republic Technologies (USWA) ...... Lorain, OR ...... 03/21/2001 Steel bars. 39,077 ...... Nucor Bearing Products (Wkrs) ...... Wilson, NC ...... 04/06/2001 Bearing components. 39,078 ...... Agilant Technologies (Wkrs) ...... Rockaway, NJ ...... 04/05/2001 Power supplies. 39,079 ...... Glenmore Plastic (UNITE) ...... Brooklyn, NY ...... 03/30/2001 Printing and plastic. 39,080 ...... Aur Resources (Co.) ...... Sparks, NB ...... 03/24/2001 Mining and metal exploration. 39,081 ...... Bassett Furniture Ind. (Co.) ...... Basset, VA ...... 04/02/2001 Household wood furniture. 39,082 ...... Birmingham Steel (USWA) ...... Joliet, IL ...... 04/03/2001 Flats, rounds, and squares. 39,083 ...... Crystal Springs Apparel (Wkrs) ...... Crystal Springs, MS .... 03/28/2001 Men’s shirts. 39,084 ...... Consolidated Auto Screen (Wkrs) ...... Woonsocket, RI ...... 04/04/2001 Printed materials. 39,085 ...... Samuel Bent LLC (Wkrs) ...... Gardner, MA ...... 04/04/2001 Wooden chairs and tables. 39,086 ...... Dunbrooke Industries (Co.) ...... Lexington, MO ...... 03/06/2001 Outerwear jackets. 39,087 ...... John Roberts, Inc. (Co.) ...... New York City, NY ...... 04/03/2001 Ladies’ dresses. 39,088 ...... WSW of Sharon (Wkrs) ...... Sharon, TN ...... 03/01/2001 Children’s sleepwear. 39,089 ...... Custom Machine (Wkrs) ...... Great Bend, PA ...... 03/29/2001 Pullies, shafts and machine parts. 39,090 ...... Standflex (IAM) ...... Oriskany, NY ...... 04/04/2001 Galvanized steel. 39,091 ...... Heraeus Electro Nite (IBT) ...... Philadelphia, PA ...... 03/28/2001 Thermocouples, heating devices. 39,092 ...... Fountaine International (Co.) ...... Rocky Mount, NC ...... 04/05/2001 Fifth wheels assemblies. 39,093 ...... Wulfrath Refractories (USWA) ...... Tarentum, PA ...... 04/10/2001 Dolomitic refractory products. 39,094 ...... Antech (Wkrs) ...... El Paso, TX ...... 03/28/2001 Generators, power machines. 39,095 ...... Hammond and Associates (Co.) ...... Lexington, AL ...... 04/02/2001 Tee shirts. 39,096 ...... GMW Logging (Wkrs) ...... Central Point, OR ...... 04/06/2001 Timber, logs. 39,097 ...... Vastar Resource, Inc. (Wkrs) ...... Carthage, TX ...... 04/09/2001 Crude oil. 39,098 ...... Seal Glove Manufacturing (Co.) ...... Millensburg, PA ...... 04/04/2001 Industrial work gloves. 39,099 ...... ABC Rail (USWA) ...... Calena, AL ...... 04/07/2001 Rail road wheels. 39,100 ...... Paper Converting Machine (UAW) ...... Green Bay, WI ...... 04/04/2001 Paper converting machinery. 39,101 ...... Eureka Company (The) (Co.) ...... El Paso, TX ...... 04/03/2001 Upright vacuum cleaners. 39,102 ...... Boy Harness Co. (Co.) ...... Osceola, IA ...... 04/09/2001 Gun cases and luggage. 39,103 ...... Sierra Pine Ltd (IAM) ...... Springfield, OR ...... 04/11/2001 Particleboard. 39,104 ...... Alexander Doll Co. (AITNWA) ...... New York, NY ...... 04/09/2001 Porcelain dolls & doll accessories. 39,105 ...... Exide Technologies (Co.) ...... Dunmore, PA ...... 04/05/2001 Automotive batters. 39,106 ...... Manpower Employment Serv. (Wkrs) ...... Fairfield, IA ...... 04/09/2001 Provide temp. employees.
[FR Doc. 01–13003 Filed 5–22–01; 8:45 am] DEPARTMENT OF LABOR request for comments and waiver of BILLING CODE 4510–30–M competition for the succeeding 2-year Employment and Training grant period. Administration SUMMARY: Under section 182(d) of the Workforce Investment Act (WIA) Workforce Investment Act (WIA) of Section 167, the National Farmworker 1998, ETA is publishing the PY 2001 Jobs Program (NFJP) allocations for the NFJP authorized under section 167 of the WIA. The AGENCY: Employment and Training allocations are distributed to the States Administration (ETA), Labor. by a formula that estimates, by State, the ACTION: Notice of formula allocations for relative demand for NFJP services. The the Program Year (PY) 2001 National allocations in this Notice apply to the Farmworker Jobs Program (NFJP), PY beginning July 1, 2001. Under
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section 167(c)(4)(B) of WIA, the ETA is incremental ‘‘hold harmless’’ stages. PY 1998 level and the PY 2001 hold- waiving the requirement for competition The stages provide a graduated harmless adjusted level. The additional for the 2-year grant period beginning implementation of the formula funding was approved in the final July 1, 2001. allocations by limiting the rate of appropriation legislation. reduction in relative funding levels to DATES: Comments must be submitted on III. PY 2001 Allocations or before May 31, 2001. the four annual increments of 95 In PY 2001, the base amount selected ADDRESSES: Comments should be sent to percent of the 1998 level in PY 1999, 90 Ms. Alicia Fernandez-Mott, Chief, percent in PY 2000, 85 percent in PY for allocation under the formula using Division of Seasonal Farmworker 2001, and 80 percent in PY 2002. Full the third step’s 85 percent hold Programs, Room N–4641, Employment implementation of the new (combined- harmless allotment, is the PY 1999 and Training Administration, U.S. data) formula will be reached on the 5th allocated amount of $67,596,408. The Department of Labor, 200 Constitution year allocation in PY 2003. The May 19, additional funding provided under Avenue, NW., Washington, DC 20210. 1999, Notice provides that PY 2001 is congressional direction in PYs 1999, Her e-mail address is the third stage hold-harmless year, 2000, and 2001 is applied cumulatively [email protected]. under which each State service area will to sustain at their 1998 levels those receive no less than 85 percent of its PY State service areas that receive a FOR FURTHER INFORMATION CONTACT: Ms. 1998 allocation. (See 64 FR 27390, declining relative share of funding by Alicia Fernandez-Mott, Chief, Division 27399 at section IV(3) (May 19, 1999)). the progressive application of the new of Seasonal Farmworker Programs, PY 2001 is the operating year that formula. RoomN–4641, Employment and begins on July 1, 2001. The details for the PY 2001 Training Administration, U.S. Because it is the best available allocations are provided in the table Department of Labor, 200 Constitution allocation tool, we continue to provided at the end of this Notice. The Avenue, NW., Washington, DC 20210. implement the new formula by applying third step (85 percent hold-harmless) Her telephone number is (202) 693– the third implementation step of the allocations are given in column ‘‘E’’. For 3729. (This is not a toll-free number.) formula described in the May 19, 1999, comparison with the figures in Column SUPPLEMENTARY INFORMATION: Notice to allocate PY 2001 WIA section ‘‘E’’, column ‘‘F’’ uses the table’s software program to provide an I. Background 167 funds. The rationale for the new allocation formula and the underlying arithmetic calculation of 85 percent of On May 19, 1999, we published a methodology on how the new formula the PY 1998 allotments. Column ‘‘G’’ Notice of a new formula for allocating realigns the distribution of NFJP provides the additional ‘‘make whole’’ funds available for the NFJP (formerly allocations, is fully explained in the amounts allotted under the referred to as the section 402 Migrant May 19, 1999 Notice. Section III of this congressional recommendation to bring and Seasonal Farmworker (MSFW Notice describes how the PY 2001 to their PY 1998 levels those State Program)) in the Federal Register at 64 formula allocations are adjusted to service areas where the demographics FR 27390 (May 19, 1999). The Notice account for the budget additions reflected under the formula show there explains how the new formula achieves provided by Congress. has been a decline in the relative share its purpose of distributing funds The Department of Labor invites of eligible farmworkers. At this stage, geographically by State service area on comments on our decision to continue the PY 2001 amount allotted is the sum the basis of each area’s relative share of the phased implementation of this of the third step’s formula allotment farmworkers who are eligible for formula in allocating PY 2001 funds for (column ‘‘E’’) of $67,606,916 and the enrollment in the NFJP. The new the NFJP. ‘‘make-whole’’ amount of $4,242,312 formula consists of a rational which brings all States to their PY 1998 combination of multiple data sets that II. Limitation on Non-NFJP Uses of levels (column G). However, the total were selected to yield the relative share Section 167 Funds amount allocated at this stage is distribution of eligible farmworkers. The The Fiscal Year 2001 appropriation $314,572 short of the minimum 94 combined-data formula is substantially for all the MSFW programs under WIA percent amount ($72,163,800) that must more relevant to the purpose of aligning section 167 is $76,770,000. Under 20 be allocated to the State areas for the allocations with the eligible CFR 669.240(a), ‘‘[a]t least 94 percent of operating the NFJP. To allocate this population than the allotments the funds appropriated each year for the amount, column H carries over from determined by the prior formula. WIA section 167 farmworker activities column D the unadjusted formula The realignments made by new must be allocated to State service areas, relative shares for the States formula gave rise to significant changes based on the distribution of the eligible experiencing a rising relative share. in relative funding levels. These MSFW population. * * *’’ This means Column I shows the percentage changes are primarily attributable to the that $72,163,800 is the minimum calculation of the relative distribution inherent weaknesses of the data sources amount that must be allocated under the among those States. Column J used under the prior formula. The formula for PY 2001, and it is the distributes the $314,572 using the changes are also attributable to the fact amount allocated for PY 2001 under this percentages determined under column I. that the data had gradually become Notice. Column K which is the sum of columns significantly date-stale. The magnitude In appropriating the funds for PY E, G and J, provides the final NFJP of the realignments is substantial for 2001, Congress provided direction for allotments for PY 2001. some of the States that are scheduled to the use of additional funds authorized experience decreases as a result of the above the amount requested in the IV. Rhode Island and the Minimum transition from the original distributions budget. In the Senate Committee on Funding Provisions to the distributions provided by the new Appropriations Report 106–293, the Part V of the May 19, 1999, Federal formula. To provide a smooth transition Committee recommended the additional Register Notice provides that a State to the realigned distributions, Part IV of funding to offset the scheduled service area allocated less than $60,000 the May 19, 1999 Notice stated a adjustment to those State service areas could be combined with an adjoining strategy for phased implementation of undergoing a reduction in funding, by State service area. As in PY 2000, the PY the new formula through four financing the difference between their 2001 Rhode Island area allocation is
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combined with the Connecticut area Grantees will use these figures in Under WIA section 167(c)(4)(B) allocation. preparing the PY 2001 NFJP grant plans. grantees are required to submit a 2-year In PY 2003, which is the next plan for the second biennial period that scheduled NFJP competition cycle, we VI. PY 1999 and 2000 Competition is satisfactory to the Grant Officer. The intend to compete the combined two- The competition for the current 2-year requirement for competition for the State geographic area of Connecticut period, comprising the 1999 and 2000 recipient will be considered to be and Rhode Island as a single service Program Years, was held in 1999. Under waived upon the Grant Officer’s receipt area. of a satisfactory 2-year plan. the authority of section 167(c)(4)(B), the V. PY 2001 Allotments Department of Labor is waiving the Signed at Washington, D.C., this 11th day The final (far right-hand) column K of requirement for competition of the of May, 2001. the ‘‘Allocation Table’’ provides the succeeding 2-year period (PYs 2001 and Shirley M. Smith, allotments for the NFJP in PY 2001. 2002) for each recipient grantee. Administrator, Office of Adult Services. NATIONAL FARMWORKER JOBS PROGRAM STATE ALLOCATIONS FOR PROGRAM YEAR 2001 ($72,163,800)
PY 2001 formula allo- PY 2001 for- PY 2001 al- 85% of Adjust. to States with Relative PY 1998 al- cation w/o mula % location with PY98 bring states an increase share among Alloctn. to PY 2001 al- State lotments hold-harm- share hold-harm- allotments to PY 1998 relative Col. H states achieve lots. less adjust- w/o hold- less adjust- (compare) levels share (percent) 94% min. ment harmless ment (percent)
ABCDEFGHIJK
Alabama ...... $791,835 $437,632 0.67766 $673,060 $673,060 $118,775 ...... $791,835 Arizona ...... 1,519,645 1,719,287 2.66226 1,697,659 1,291,698 0 2.662 3.62 $11,403 1,709,062 Arkansas ...... 1,167,409 724,893 1.12247 992,298 992,298 175,111 ...... 0 1,167,409 California ...... 14,591,138 20,067,526 31.07392 16,668,927 12,402,467 0 31.074 42.31 133,107 16,802,034 Colorado ...... 805,523 992,449 1.53678 908,281 684,695 0 1.537 2.09 6,583 914,864 Connecticut ...... 206,024 303,689 0.47025 237,468 175,120 0 0.470 0.64 2,014 239,482 Delaware ...... 118,334 125,899 0.19495 125,899 100,584 0 0.195 0.27 835 126,734 Florida ...... 4,631,415 2,465,700 3.81806 3,936,703 3,936,703 694,712 ...... 0 4,631,415 Georgia ...... 1,711,615 876,499 1.35723 1,454,873 1,454,873 256,742 ...... 0 1,711,615 Idaho ...... 877,438 1,079,184 1.67108 989,177 745,822 0 1.671 2.28 7,158 996,335 Illinois ...... 1,425,808 1,424,912 2.20643 1,425,808 1,211,937 0 2.206 3.00 9,451 1,435,259 Indiana ...... 781,615 927,202 1.43574 877,617 664,373 0 1.436 1.96 6,150 883,767 Iowa ...... 1,314,394 1,078,955 1.67073 1,117,235 1,117,235 197,159 ...... 0 1,314,394 Kansas ...... 697,839 1,078,783 1.67046 809,536 593,163 0 1.670 2.27 7,156 816,692 Kentucky ...... 1,352,613 1,043,179 1.61533 1,149,721 1,149,721 202,892 ...... 0 1,352,613 Louisiana ...... 796,032 484,907 0.75086 676,627 676,627 119,405 ...... 0 796,032 Maine ...... 327,397 174,702 0.27052 278,287 278,287 49,110 ...... 0 327,397 Maryland ...... 306,291 363,789 0.56332 343,957 260,347 0 0.563 0.77 2,413 346,370 Massachusetts ...... 351,027 298,012 0.46146 298,373 298,373 52,654 ...... 0 351,027 Michigan ...... 878,641 944,430 1.46242 944,430 746,845 0 1.462 1.99 6,264 950,694 Minnesota ...... 1,274,775 879,095 1.36125 1,083,559 1,083,559 191,216 ...... 0 1,274,775 Mississippi ...... 1,449,044 571,321 0.88467 1,231,687 1,231,687 217,357 ...... 0 1,449,044 Missouri ...... 1,094,524 976,379 1.51189 976,379 930,345 118,145 ...... 0 1,094,524 Montana ...... 667,189 461,861 0.71518 567,111 567,111 100,078 ...... 0 667,189 Nebraska ...... 774,884 1,092,397 1.69154 887,991 658,651 0 1.692 2.30 7,246 895,237 Nevada ...... 200,795 159,091 0.24635 170,676 170,676 30,119 ...... 0 200,795 New Hampshire ...... 112,600 100,958 0.15633 100,958 95,710 11,642 ...... 0 112,600 New Jersey ...... 400,038 698,545 1.08168 472,365 340,032 0 1.082 1.47 4,633 476,998 New Mexico ...... 598,720 934,978 1.44778 695,528 508,912 0 1.448 1.97 6,202 701,730 New York ...... 1,850,667 1,088,774 1.68593 1,573,067 1,573,067 277,600 ...... 0 1,850,667 North Carolina ...... 3,006,003 1,897,104 2.93760 2,555,103 2,555,103 450,900 ...... 0 3,006,003 North Dakota ...... 468,362 609,496 0.94379 531,469 398,108 0 0.944 1.29 4,043 535,512 Ohio ...... 904,951 1,264,492 1.95803 1,035,876 769,208 0 1.958 2.67 8,387 1,044,263 Oklahoma ...... 608,145 1,276,891 1.97723 740,354 516,923 0 1.977 2.69 8,470 748,824 Oregon ...... 1,087,697 1,452,311 2.24886 1,238,069 924,542 0 2.249 3.06 9,633 1,247,702 Pennsylvania ...... 1,221,441 1,549,985 2.40010 1,381,926 1,038,225 0 2.400 3.27 10,281 1,392,207 Rhode Island ...... 0 38,832 0.06013 4,021 0 0 0.060 0.08 258 4,279 South Carolina ...... 1,080,106 391,046 0.60552 918,090 918,090 162,016 ...... 0 1,080,106 South Dakota ...... 692,869 456,831 0.70739 588,939 588,939 103,930 ...... 0 692,869 Tennessee ...... 957,799 720,217 1.11523 814,129 814,129 143,670 ...... 0 957,799 Texas ...... 5,979,800 6,697,752 10.37126 6,673,284 5,082,830 0 10.371 14.12 44,426 6,717,710 Utah ...... 245,354 288,106 0.44612 275,185 208,551 0 0.446 0.61 1,911 277,096 Vermont ...... 213,134 105,217 0.16293 181,164 181,164 31,970 ...... 0 213,134 Virginia ...... 1,036,441 708,789 1.09754 880,975 880,975 155,466 ...... 0 1,036,441 Washington ...... 1,705,576 2,262,216 3.50297 1,939,806 1,449,740 0 3.503 4.77 15,005 1,954,811 West Virginia ...... 219,325 100,275 0.15527 186,426 186,426 32,899 ...... 0 219,325 Wisconsin ...... 1,229,201 953,157 1.47593 1,044,821 1,044,821 184,380 ...... 0 1,229,201 Wyoming ...... 201,911 232,207 0.35956 225,954 171,624 0 0.360 0.49 1,540 227,494
Total Cntr. U.S. 63,933,384 64,579,952 100.00 64,580,848 N/A 4,077,948 73.436 1.00000 314,570 68,973,366
Conterminous U.S...... 63,933,384 64,579,952 95.53755 ......
Hawaii ...... 251,607 204,254 0.30217 213,868 213,866 37,739 ...... 0 251,607 Puerto Rico ...... 2,938,827 2,812,202 4.16028 2,812,200 2,498,003 126,627 ...... 0 2,938,827
Subtot. (HI+PR) 3,190,434 3,016,456 4.46 3,026,068 N/A 164,366 ...... 0 3,190,434
Total U.S...... 67,123,818 67,596,408 100.00 67,606,916 ...... 4,242,314 ...... 314,570 72,163,800
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NATIONAL FARMWORKER JOBS PROGRAM STATE ALLOCATIONS FOR PROGRAM YEAR 2001 ($72,163,800)—Continued
PY 2001 formula allo- PY 2001 for- PY 2001 al- 85% of Adjust. to States with Relative PY 1998 al- cation w/o mula % location with PY98 bring states an increase share among Alloctn. to PY 2001 al- State lotments hold-harm- share hold-harm- allotments to PY 1998 relative Col. H states achieve lots. less adjust- w/o hold- less adjust- (compare) levels share (percent) 94% min. ment harmless ment (percent)
ABCDEFGHIJK
72,163,800 314,570 72,163,800
[FR Doc. 01–13019 Filed 5–22–01; 8:45 am] certification of eligibility to apply for TA–W–38,923; Sunshine Precious BILLING CODE 4510–30–P worker adjustment assistance to be Metals, Inc., Kellogg, ID issued, each of the group eligibility TA–W–39,188; Rhoda Lee, Inc., New requirements of section 222 of the Act York, NY DEPARTMENT OF LABOR must be met. The workers firm does not produce an (1) That a significant number or article as required for certification under Employment and Training proportion of the workers in the section 222 of the Trade Act of 1974. Administration workers’ firm, or an appropriate TA–W–39,012, A & B; Commtough, Inc., [NAFTA–4435] subdivision thereof, have become totally Mountain View, CA, New York, NY or partially separated, and Miami Beach, FL Bayer Corporation, Consumer Care (2) That sales or production, or both, TA–W–38,785; Vesuvius USA, Gadsden, Division, Elkhart, IN; Dismissal of of the firm or sub-division have AL Application for Reconsideration decreased absolutely, and TA–W–39,149; Daimler Chrysler AG, (3) That increases of imports of Auburn Hills, MI Pursuant to 29 CFR 90.18(C) an articles like or directly competitive with application for administrative The investigation revealed that articles produced by the firm or criteria (2) has not been met. Sales or reconsideration was filed with the appropriate subdivision have Director of the Division of Trade production did not decline during the contributed importantly to the relevant period as required for Adjustment Assistance for workers at separations, or threat thereof, and to the certification. Bayer Corporation, Consumer Care absolute decline in sales or production. Division, Elkhart, Indiana. The TA–W–38,984; AVX Tantalum Corp., application contained no new Negative Determinations for Worker Biddeford, ME substantial information which would Adjustment Assistance All worker separations occurred prior to the March 31, 2001 expiration of the bear importantly on the Department’s In each of the following cases the previous certification. The current determination. Therefore, dismissal of investigation revealed that criterion (3) petition can only cover workers the application was issued. has not been met. A survey of customers separated after March 31, 2001. The NAFTA–4435; Bayer Corporation Consumer indicated that increased imports did not Melt Shop has not been in operation Care Division Elkhart, Indiana (May 2, contribute importantly to worker since that time. 2001) separations at the firm. TA–W–38,848; Allvac, Latrobe, PA Signed at Washington, D.C. this 3rd day of TA–W–38,350; Hill Knitting Mills, May, 2001. Richmond Hill, NY Affirmative Determinations for Worker Edward A. Tomchick, TA–W–38,798; PTC Alliance, Jane Lew, Adjustment Assistance Director, Division of Trade Adjustment WV The following certifications have been Assistance. TA–W–39,642; Global Tex LLC, d/b/a issued; the date following the company [FR Doc. 01–13004 Filed 5–22–01; 8:45 am] Bates of Maine, Lewiston, MI name and location of each BILLING CODE 4510–30–M TA–W–38,866; AGP, LLC, Sherman, TX determination references the impact TA–W–38,893; The Budd Co., Stamping date for all workers of such and Frame Div., Philadelphia, PA determination. DEPARTMENT OF LABOR In the following cases, the TA–W–39,072 & A; Thomasville investigation revealed that the criteria Furniture Industries, Johnson City, Employment and Training for eligibility have not been met for the Administration TN & Fayette Enterprises, Fayette, reasons specified. MS: April 5, 2000. Increased imports did not contribute Notice of Determinations Regarding TA–W–39,140; Dunbrooke Industries, importantly to worker separations at the Eligibility To Apply for Worker Ocean Springs, MS: April 11, 2000. firm. Adjustment Assistance and NAFTA TA–W–38,960; Spectron Lasers USA, Transitional Adjustment Assistance TA–W–38,694; Thrall Car, Thrall Car Inc., Warwick, RI: March 12, 2000. North American Rail, Chicago TA–W–38,623; Eaton Aeroquip Corp., In accordance with section 223 of the Heights, IL Aeroquip Precision Speres Div., Trade Act of 1974, as amended, the TA–W–38,588; Rhoda, Lee, Inc., New Ann Arbar, MI: January 18, 2000. Department of Labor herein presents York, NY TA–W–38,524; The Quaker Oats Co., summaries of determinations regarding TA–W–39,055; Newport Steel Corp., Shiremanstown, PA December 20, eligibility to apply for trade adjustment Newport, KY 1999. assistance for workers (TA–W) issued TA–W–38,469; Gile Orchards, Alfred, TA–W–39,153; Salon Manufacturing, during the period of May, 2001. ME Rhinelander, WI: April 9, 2000. In order for an affirmative TA–W–38,691; Cone Mills Corp., Raytex TA–W–39,101; The Eureka Co., El Paso, determination to be made and a Plant, Marion, SC TX Including Temporary Workers of
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Southwest Staffing, Inc., Employed eligibility requirements of section 250 of Co., Watertown, NY: December 30, at The Eureka Co, El Paso, TX: the Trade Act must be met: 1999. April 3, 2000. (1) That a significant number or NAFTA–TAA–04667; Ten Cate Enbi, TA–W–38,726; Avery Dennison Fassion proportion of the workers in the West Henrietta, NY: March 14, workers’ firm, or an appropriate Roll Div., Quakertown, PA: 2000. February 8, 2000. subdivision thereof, (including workers TA–W–39,154; Jonathan Engineered in any agricultural firm or appropriate NAFTA–TAA–04757; Seal Glove Solutions, Fullerton, CA: April 6, subdivision thereof) have become totally Manufacturing, Inc., Millersburg, 2000. or partially separated from employment PA: April 12, 2000. TA–W–38,815; Johnston Industries, Inc., and either— NAFTA–TAA–04736; Minnesota Rubber Columbus, GA: February 15, 2000. (2) That sales or production, or both, Div., Quadion Corp., Minneapolis, TA–W–38,881; Viasystems Technologies of such firm or subdivision have MN: April 5, 2000. Corp., LLC, Richmond, VA March 9, decreased absolutely, 2000. (3) That imports from Mexico or NAFTA–TAA–04765; Techalloy Co., TA–W–39,094; Ajay Leisure Products, Canada of articles like or directly Inc., Fine Wire Div., Including Die Inc., Delavan, WI: August 19, 1999 competitive with articles produced by Shop, Northampton, MA: April 5, TA–W–38,666; Marco Distributing, such firm or subdivision have increased, 2000. Idaho Falls, ID: January 12, 2000. and that the increases imports NAFTA–TAA–04754; Fontaine TA–W–38,634; Spectrum Dyed Yarns, contributed importantly to such International, Fontaine Fifth Wheel, Inc., Belmont, NC: January 23, workers’ separations or threat of Rocky Mount, NC: April 5, 2000. separation and to the decline in sales or 2000. NAFTA–TAA–04559; Avery Dennison, production of such firm or subdivision; TA–W–38,776; Smith and Nephew, Inc., Fasson Roll Div., Quakertown, PA Casting Div., Charlotte, NC: Febuary or February 8, 2000. 13, 2000. (4) That there has been a shift in TA–W–38,540; New York Air Brake production by such workers’ firm or NAFTA–TAA–04744; The Eureka Co., El Corp., Div. of Knorr Brake Co., subdivision to Mexico or Canada of Paso, TX, Including Temporary Watertown, NY: December 30, 1999. articles like or directly competitive with Workers of Southwest Staffing, Inc., TA–W–39,083; Crystal Springs Apparel, articles which are produced by the firm Employed at The Eureka Co., El LLC, Formerly Bernstein & Son or subdivision. Paso, TX: April 4, 2000. Shirt Corp., Crystal Springs, MS: Negative Determinations NAFTA–TAA NAFTA–TAA–04764; Solon November 10, 2000. In each of the following cases the Manufacturing, Rhinelander, WI: TA–W–39,098; Seal Glove April 9, 2000. Manufacturing, Inc., Millersburg, investigation revealed that criteria (3) PA: April 4, 2000. and (4) were not met. Imports from NAFTA–TAA–04580; Corning Cable TA–W–38,807; Heckett Multiserve, Div. Canada or Mexico did not contribute Systems LLC, Champion Products of Harsco Corp., Employed at WCI importantly to workers’ separations. Div., Pensacola, FL: January 26, Steel, Inc., Warren, OH: January 21, There was no shift in production from 2000. 2001 the subject firm to Canada or Mexico NAFTA–TAA–04820; Tridelta during the relevant period. TA–W–38,792 & A; Stitches, Inc., Red Industries, Inc., Mentor, OH: April NAFTA–TAA–04613; The Budd Co., Boiling Springs, TN and Gamaliel, 10, 2000. KY: Febraury 26, 2000. Stamping and Frame Div., NAFTA–TAA–04775; Jonathan TA–W–39,040 & A; Lebanon Apparel, Philadelphia, PA Lebanon, VA and Three Creek NAFTA–TAA–04763; CMS Hartzell Engineered Solutions, Fullerton, Apparel, Castelwood, VA: March Manufacturing, St. Paul, MN CA: March 27, 2000. 28, 2000. NAFTA–TAA–04661; Sunshine Precious NAFTA–TAA–04635; Viasystems TA–W–38,440 & A, B, C, D; U.S. Forest Metals, Inc., Kellogg, ID Technologies Corp., LLC, NAFTA–TAA–04634; AGP LLC, Industries, Inc., Medford, OR, Richmond, VA: March 9, 2000. Sherman, TX Grants Pass, OR, South Fork, CO, The investigation revealed that the NAFTA–TAA–04413; The Quaker Oats Abbeville, AL & Graceville, FL: criteria for eligibility have not been met Co., Shiremanstown, PA: December November 21, 1999. for the reasons specified. 20, 1999. TA–W–39,178; Annalee Mobilitee Dolls, The workers’ firm does not produce Inc., Meredith, NH: April 12, 2000. I hereby certify that the an article as required for certification aforementioned determinations were Also, pursuant to Title V of the North under section 222 of the Trade Act of issued during the month of May, 2001. American Free Trade Agreement 1974. Implementation Act (Pub. L. 103–182) NAFTA–TAA–04774; Commtouch, Inc., Copies of these determinations are concerning transitional adjustment Mountain View, CA available for inspection in Room C– assistance hereinafter called (NAFTA– 5311, U.S. Department of Labor, 200 TAA) and in accordance with section Affirmative Determinations NAFTA– Constitution Avenue, NW., Washington, 250(a), Subchapter D, Chapter 2, Title II, TAA DC 20210 during normal business hours of the Trade Act as amended, the NAFTA–TAA–04586; O–Z/Gedney, or will be mailed to persons who write Department of Labor presents Pittston, PA: February 21, 2000. to the above address. summaries of determinations regarding NAFTA–TAA–04362 & A, B, C, D; U.S. Dated: May 11, 2001. eligibility to apply for NAFTA–TAA Forest Industries, Inc., Medford, OR, issued during the month of May, 2001. Grants Pass, OR, South Fork, CO, Edward A. Tomchick, In order for an affirmative Abbeville, AL, Graceville, FL: Director, Division of Trade Adjustment determination to be made and a November 21, 1999. Assistance. certification of eligibility to apply for NAFTA–TAA–04425; New York Air [FR Doc. 01–12997 Filed 5–22–01; 8:45 am] NAFTA–TAA the following group Brake Corp., Div. of Knorr Brake BILLING CODE 4516–30–M
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DEPARTMENT OF LABOR States and consequently have no DEPARTMENT OF LABOR standing to file a petition. Consequently, Employment and Training further investigation in this case would Employment and Training Administration serve no purpose; and the investigation Administration has been terminated. [TA–W–38,932] Investigation Regarding Certifications A petition for Trade Adjustment Johnson & Johnson Medical, Inc., El of Eligibility To Apply for NAFTA Assistance has been filed on behalf of Paso, TX; Notice of Termination of Transitional Adjustment Assistance workers at the subject firm (TA–W–38, Investigation 932). A determination on that petition Petition for transitional adjustment Pursuant to section 221 of the Trade will be made concurrently with this assistance under the North American Act of 1974, an investigation was determination. Free Trade Agreement-Transitional initiated on March 26, 2001, in response Adjustment Assistance Implementation Signed in Washington, DC, this 8th day of Act (Pub. L. 103–182), hereinafter called to a worker petition which was filed on May, 2001. behalf of workers at Johnson & Johnson (NAFTA–TAA), have been filed with Medical, Inc., El Paso, Texas. Linda G. Poole, State Governors under section 250(b)(1) The petitioning workers work at a Certifying Officer, Division of Trade of Subchapter D, Chapter 2, Title II, of production facility outside of the United Adjustment Assistance. the Trade Act of 1974, as amended, are States and consequently have no [FR Doc. 01–13001 Filed 5–22–01; 8:45 am] identified in the Appendix to this standing to file a petition. Consequently, BILLING CODE 4510–30–M Notice. Upon notice from a Governor further investigation in this case would that NAFTA–TAA petition has been serve no purpose; and the investigation received, the Director of the Division of has been terminated. DEPARTMENT OF LABOR Trade Adjustment Assistance (DTAA), A petition for NAFTA Transitional Employment and Training Adjustment Assistance has been filed on Employment and Training Administration (ETA), Department of behalf of workers at the subject firm Administration Labor (DOL), announces the filing of the (NAFTA 4668). A determination on that petition and takes action pursuant to petition will be made concurrently with [NAFTA–4336] paragraphs (c) and (e) of section 250 of this determination. the Trade Act. Signed at Washington, DC this 8th day of Philips Electronics North America The purpose of the Governor’s actions May, 2001. Corp., Philips Display Components and the Labor Department’s Linda G. Poole, Co., Ottawa, Ohio; Dismissal of investigations are to determine whether the workers separated from employment Certifying Officer, Division of Trade Application for Reconsideration Adjustment Assistance. on or after December 8, 1993 (date of enactment of Pub. L. 103–182) are [FR Doc. 01–12996 Filed 5–27–01; 8:45 am] Pursuant to 29 CFR 90.18(C) and eligible to apply for NAFTA–TAA under BILLING CODE 4510–30–M application for administrative reconsideration was filed with the Subchapter D of the Trade Act because Director of the Division of Trade of increased imports from or the shift in DEPARTMENT OF LABOR Adjustment Assistance for workers at production to Mexico or Canada. The petitioners or any other persons Philips Electronics North America showing a substantial interest in the Employment and Training Corporation, Philips Display Administration subject matter of the investigations may Components Company, Ottawa, Ohio, request a public hearing with the [NAFTA–4668] The application contained no new Director of DTAA at the U.S. substantial information which would Johnson & Johnson Medical, Inc., El Department of Labor (DOL) in bear importantly on the Department’s Washington, DC provided such request Paso, TX; Notice of Termination of determination. Therefore, dismissal of Investigation if filed in writing with the Director of the application was issued. DTAA not later than June 4, 2001. Pursuant to Title V of the North NAFTA–4336; Philips Electronics North Also, interested persons are invited to American Free Trade Agreement America Corporation, Philips Display submit written comments regarding the Implementation Act (Pub. L. 103–1 Components Company, Ottawa, Ohio (May subject matter of the petitions to the concerning transitional adjustment 2, 2001) Director of DTAA at the address shown assistance, hereinafter called NAFTA– below not later than June 4, 2001. TAA and in accordance with section Signed at Washington, DC this 3rd day of May, 2001. Petitions filed with the Governors are 250(a), Subchapter D, Chapter 2, Title II, available for inspection at the Office of of the Trade Act of 1974, as amended Edward A. Tomchick, the Director, DTAA, ETA, DOL, Room (19 U.S.C. 2331), an investigation was Director, Division of Trade Adjustment C–5311, 200 Constitution Avenue, NW., initiated on March 26, 2001, in response Assistance. Washington, DC 20210. [FR Doc. 01–13000 Filed 5–22–01; 8:45 am] to a petition filed on behalf of workers Signed at Washington, DC this 10th day of at Johnson & Johnson Medical, Inc., El BILLING CODE 4510–30–M May, 2001. Paso, Texas. The subject firm produces Edward A. Tomchick, disposable surgical products (aprons, Director, Division of Trade Adjustment drapes, packs). Assistance. The petitioning workers work at a production facility outside of the United Appendix
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Date Re- ceived at Subject Firm Location Governor’s Petition No. Articles Produced Office
Texler (Co.) ...... Hacedonia, OH ...... 05/04/2001 NAFTA–4, Tooling and plastic components 825 Krupp Hoesch Suspensions (Co.) ...... Hamilton, OH ...... 05/02/2000 NAFTA–4, Front and rear suspension springs 826 MK Acquisition (Wkrs) ...... Orrville, OR ...... 05/04/2001 NAFTA–4, Car and truck components 827 Hoskins Manufacturing (Co.) ...... Charlevoix, MI ...... 05/01/2001 NAFTA–4, Spark plug alloys 828 SGL Carbon (USWA) ...... Niagara Falls, NY ...... 04/27/2001 NAFTA–4, Carbon graphite 829 Centis (Wkrs) ...... Brea, CA ...... 05/01/2001 NAFTA–4, Page protector 830 Avery Dennison—Spartan International Holt, MI ...... 03/06/2001 NAFTA–4, Spiral tubes for tape (Wkrs). 831 ECK Industries (GMP) ...... St. Manitowoc, WI ...... 04/20/2001 NAFTA–4, Aluminum castings 832 Crest Uniform—Aramark (Wkrs) ...... New York City, NY ...... 04/27/2001 NAFTA–4, Medical and fast food uniforms 833 Admiral Marine Construction (Co.) ...... Port Angeles, WA ...... 05/02/2001 NAFTA–4, Yacht components 834 E.I. DuPont (Co.) ...... Camden, SC ...... 05/02/2001 NAFTA–4, Nylon synthetic fiber 835 Honeywell (Co.) ...... Torrance, CA ...... 05/03/2001 NAFTA–4, Aerospace heat exchangers and com- 836 ponents FCI Electronics (Wkrs) ...... Hanover, PA ...... 05/03/2001 NAFTA–4, Electrical cennectors 837 Republic Paperboard (PACE) ...... Commerce City, CO ...... 05/04/2001 NAFTA–4, Wallboard paper 838 Emerson (Co.) ...... St. Louis, MO ...... 05/04/2001 NAFTA–4, Heating, ventilation & cooling products 839 OSRAM Sylvania Products (AFGW) ...... Wellsboro, PA ...... 05/04/2001 NAFTA–4, Lamps and light bulbs 840 Allied Textiles USA (Co.) ...... Charlotte, NC ...... 05/04/2001 NAFTA–4, Texile recycling 841 Technimark (Wkrs) ...... Randleman, NC ...... 05/07/2001 NAFTA–4, Plastic injection molding 842 D and J Apparel (Co.) ...... Albemarle, NC ...... 05/07/2001 NAFTA–4, Sweatshirts, sweatpants and t-shirts 843 Spectrum Control (Wkrs) ...... Fairview, PA ...... 05/04/2001 NAFTA–4, Filter plates, filtered terminal blocks 844 M. Fine and Sons (UNITE) ...... Middlesboro, KY ...... 05/07/2001 NAFTA–4, Jeans 845 Lear Corporation (UNITE) ...... Lewistown, PA ...... 05/07/2001 NAFTA–4, Automotive carpeting 846 Oglevee LTD (Co.) ...... Fredonia, PA ...... 05/07/2001 NAFTA–4, Geranium impatient cuttings 847 Newport Steel Corporation (Co.) ...... Newport, KY ...... 04/12/2001 NAFTA–4, Steel 848 Thomas and Betts (Wkrs) ...... Horseheads, NY ...... 05/07/2001 NAFTA–4, Cable connections for TVs 849 APV Crepaco (Wkrs) ...... Lake Mills, WI ...... 05/08/2001 NAFTA–4, Food processing 850 United Plastics Group (Wkrs) ...... Anaheim, CA ...... 05/07/2001 NAFTA–4, Plastic injection molded parts 851 Pilkington Libbey Owens Ford (Wkrs) .... Sherman, TX ...... 05/08/2001 NAFTA–4, Auto glass 852
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[FR Doc. 01–13002 Filed 5–22–01; 8:45 am] proposed extension of the Request for OMB Number: 1215–0060. BILLING CODE 4510–30–M State or Federal Workers’ Compensation Affected Public: Federal government; Information (CM–905). State, Local or Tribal Government. DATES: Written comments must be Frequency: On occasion. DEPARTMENT OF LABOR submitted to the office listed in the Total Respondents: 3,522. Time per Response: 15 minutes. ADDRESSEE section below on or before Employment and Training Estimatd Total Burden Hours: 881. July 23, 2001. Administration Total Burden Cost (capital/startup): ADDRESSES: Ms. Patricia A. Forkel, U.S. $0. [NAFTA–4358] Department of Labor, 200 Constitution Total Burden Cost (operating/ Ave., NW., Room S–3201, Washington, maintenance): $11,799. Warn Springs Forest Products DC 20210, telephone (202) 693–0339 Comments submitted in response to Industries, Warm Springs, OR; (this is not a toll-free number), fax (202) this notice will be summarized and/or Dismissal of Application for 693–1451. included in the request for Office of Reconsideration SUPPLEMENTARY INFORMATION: Management and Budget approval of the information collection request; they will Pursuant to 29 CFR 90.18(C) an I. Background application for administrative also become a matter of public record. reconsideration was filed with the The Federal Mine Safety and Health Dated: May 14, 2001. Director of the Division of Trade Act of 1977, as amended, and 20 CFR Margaret J. Sherrill, 725.535, direct that DOL Black Lung Adjustment Assistance for workers at Chief, Branch of Management Review and Warm Springs Forest Products benefit payments to a beneficiary for Internal Control, Division of Financial Industries, Warm Springs, Oregon. The any month be reduced by any other Management, Office of Management, application contained no new payments of State or Federal benefits for Administration and Planning Employment substantial information which would workers’ compensation due to Standards Administration. bear importantly on the Department’s pneumoconiosis. [FR Doc. 01–13020 Filed 5–22–01; 8:45 am] determination. Therefore, dismissal of II. Review Focus BILLING CODE 4510–27–M the application was issued. The Department of Labor is NAFTA–4358; Warm Springs Forest Products particularly interested in comments Industries Warm Springs, Oregon (May 2, DEPARTMENT OF LABOR 2001) which: • Evaluate whether the proposed Office of Federal Contract Compliance Signed at Washington, DC, this 3rd day of collection of information is necessary Programs May, 2001. for the proper performance of the Edward A. Tomchick, functions of the agency, including Giant Merchandising Debarment Director, Division of Trade Adjustment whether the information will have Assistance. AGENCY: Office of Federal Contract practical utility; Compliance Programs, Labor [FR Doc. 01–12999 Filed 5–22–01; 8:45 am] • Evaluate the accuracy of the ACTION: Notice of debarment: Giant BILLING CODE 4510–30–M agency’s estimate of the burden of the Merchandising, 5655 Union Pacific proposed collection of information, Avenue, Los Angeles, California 90022. including the validity of the DEPARTMENT OF LABOR methodology and assumptions used; SUMMARY: This notice advises of the • Enhance the quality, utility and Employment Standards Administration debarment of Giant Merchandising clarity of the information to be (hereinafter ‘‘Giant’’), as an eligible Proposed Collection; Comment collected; and bidder on Government contracts or • Request Minimize the burden of the extensions or modifications of existing collection of information on those who contracts. The debarment is effective ACTION: Notice. are to respond, including through the immediately. use of appropriate automated, FOR FURTHER INFORMATION CONTACT: SUMMARY: The Department of Labor, as electronic, mechanical, or other part of its continuing effort to reduce technological collection techniques or Harold M. Busch, Acting Deputy paperwork and respondent burden, other forms of information technology, Assistant Secretary for Federal contract conducts a preclearance consultation e.g., permitting electronic submissions Compliance, U.S. Department of labor, program to provide the general public of responses. 200 Constitution Ave., NW., Room C– and Federal agencies with an 3325, Washington, DC 20210 (202–693– opportunity to comment on proposed III. Current Actions 1062). and/or continuing collections of The Department of Labor seeks hte SUPPLEMENTARY INFORMATION: On April information in accordance with the approval for this information collection 19, 2001, pursuant to 41 CFR 60– Paperwork Reduction Act of 1995 in order to determine the amounts of 30.13(a), Administrative Law Judge (PRA95) (44 U.S.C. 3506(c)(2)(A)). This black lung benefits paid to beneficiaries. Karst issued a Decision and order program helps to ensure that requested Black Lung amounts are reduced dollar approving the consent Decree entered data can be provided in the desired for dollar, for other black lung related into by Giant Merchandising, 5655 format, reporting burden (time and workers’ compensation awards the Union Pacific Avenue, Los Angeles, CA financial resources) is minimized, beneficiary may be receiving from State 90022 (‘‘Giant’’), and the United States collection instruments are clearly or Federal programs. Department of Labor, Office of Federal understood, and the impact of collection Type of Review: Extension. Contract Compliance Programs requirements on respondents can be Agency: Employment Standards (OFCCP). Under the terms of the properly assessed. Currently, the Administration. Consent Decree, Giant and any and all Employment Standards Administration Title: Request for State or Federal purchasers, successors, assignees, and/ is soliciting comments concerning the Workers’ Compensation Information. or transferees are declared ineligible for
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the award of any future contracts S–2002, FPB, 200 Constitution Ave., asserted that the cited laws and/or funded in whole or in part with Federal NW., Washington, DC 20210 regulations did not apply to the funds and ineligible for extension or Special Counsel to the Assistant Defendant at the time that it was asked other modifications of any existing Secretary of Labor, U.S. Department of to respond to the EO Survey. Government contracts. The Decision Labor, Employment & Training Part A—Jurisdiction and Procedural and Order is set forth below. The Administration, 200 Constitution History debarment from future Government Ave., NW., Rm. N–4671, Washington, contracts and subcontracts and the DC 20210 1. The Office of Administrative Law ineligibility for extensions or other Offc of Fed. Contract Compliance Judges has jurisdiction over this action modifications is effective immediately Programs, U.S. Department of Labor, pursuant to sections 208 and 209 of and shall be lifted after a fixed term of Room C–3325, 200 Constitution Ave., Executive Order 11246, 41 CFR 60–1.26, six months from the date of the Decision NW., Washington, DC 20210 41 CFR Part 60–30; section 503, 41 CFR and Order approving the Consent Associate Solicitor-Civil Rights 60–741.65; VEVRAA and 41 CFR 60– Decree, provided Giant complies with Division, U.S. Department of Labor, 250.29. the terms of this Consent Decree. Room N–2464, 200 Constitution Ave., 2. This matter was brought by OFCCP Dated: Signed May 17th, 2001, NW., Washington, DC 20210 to enforce the contractual obligations Washington, DC. Daniel Teehan, Regional Solicitor, U.S. imposed by the Executive Order, section Harold M. Busch, Department of Labor, 71 Stevenson 503 and VEVRAA and the regulations Street, Suite 1110, San Francisco, CA Acting Deputy Assistant Secretary for Federal issued pursuant thereto. The Contract Compliance. 94105 Administrative Complaint invoked the Vivian Chan, expedited OFCCP hearing procedures, Department of Labor, Office of Legal Technician. 41 CFR 60–30.31, et seq. Administrative Law Judges, San Office of Administrative Law Judges 3. In its Complaint, OFCCP alleged Francisco, CA that Giant had refused to give OFCCP [Case No. 2001–OFC–2] Department of Labor, Office of Federal access to or to supply it with records or Contract Compliance Programs, Issue date: April 19, 2001. other information as required by the Plaintiff, v. Giant Merchandising, equal opportunity clause; specifically, it In the Matter of: Office of Federal Defendant alleged that Giant had failed and refused Contract Compliance Programs, [Case No. 01–OFC–2] to complete the EO Survey mailed to Department of Labor, Plaintiff, vs. Giant Giant by OFCCP and received by Giant Merchandising, Defendant Consent Decree on April 28, 2000. The EO Survey Decision and Order Approving Consent This Consent Decree is entered into required Defendant to furnish to Decree between the Plaintiff, United States OFCCP, within 30 days from the date of Department of Labor, Office of Federal receipt, certain information relating to The parties filed an executed Consent Contract Compliance Programs personnel activity at the Commerce Decree, a copy of which is attached on (hereinafter ‘‘OFCCP’’) and Defendant, facility. April 17, 2001. Review of the Consent Giant Merchandising (hereinafter 4. In its Answer, Giant contended that Decree shows that it is in compliance ‘‘Giant’’) in complete resolution of the the Executive Order, section 503 and with 41 CFR 60–30.13 and that it fairly Administrative Complaint filed in this VEVRAA did not apply at the time that and adequately resolves all pending matter. The Complaint was filed by Giant was asked to respond to the EO issues for this matter. OFCCP against Giant alleging violations Survey and, therefore, Giant had no Accordingly, the Consent Decree is of Executive Order 11246 (30 FR 12319), obligation under the applicable laws hereby Approved. Such Consent Decree as amended by Executive Order 11375 and regulations to supply OFCCP with constitutes my findings of fact and (32 FR 14303) and Executive Order the information it had requested. Giant conclusions of law and constitutes full, 12086 (43 FR 46501) (hereinafter further denied that it was obligated to final, and complete adjudication of this ‘‘Executive Order’’); Section 503 of the complete the EO Survey and averred matter. that it submitted the EO Survey on Alexander Karst, Rehabilitation Act of 1973, as amended, January 31, 2000. Administrative Law Judge. 29 U.S.C. 793 (hereinafter ‘‘Section A copy of the above named document 503’’); and the Vietnam Era Veterans’ 5. Giant denies that it violated was sent to the following: Readjustment Assistance Act of 1974, as Executive Order 11246, section 503 and Patricia Winkler, Human Resources amended, 38 U.S.C. 4212 (hereinafter VEVRAA. Manager, Giant Merchandising, 5655 ‘‘VEVRAA’’). 6. Giant does not admit any violation Union Pacific Avenue, Los Angeles, In the Administrative Complaint, of law or other obligation. The parties CA 90022 OFCCP alleged that Giant violated its agree that this Consent Decree is not, Matthew Halpern, Esq., Jackson Lewis contractual obligations under Executive and may not be used, as a admission of Schnitzler & Krupman, 1000 Order 11246, section 503, and VEVRAA any violation by Giant, or as a basis for Woodbury Road, Suite 402, by failing to submit to OFCCP asserting Giant’s noncompliance with Woodbury, NY 11797 information requested in a survey any labor and employment laws, rules Gerald M. Levin, Chairman & CEO, document bearing OMB Control Number or regulations. Time Warner, Inc., 75 Rockefeller 1215–0196 (‘‘the Equal Opportunity 7. Giant is a joint venture between Plaza, New York, NY 10019 Survey’’ or ‘‘EO Survey’’). The EO Warner Bros. Records Inc., and Warner Michelle Serrou, Office of the Solicitor- Survey requested information relating to Music GM Merchandising Inc., and is Div. of Civil Rights, U.S. Department personnel activity at Giant’s facility headquartered in Commerce, California. of Labor, Room N–2464, 200 located in Commerce, California Giant is engaged in the business of Constitution Ave., NW., Washington, (hereinafter ‘‘Commerce facility’’). manufacturing, printing, and DC 20210 In its Answer, Giant denied that the distributing commercial art and graphic Solicitor of Labor, U.S. Department of Company had violated the Executive design in the form of silk-screened tee- Labor, Office of the Solicitor, Room Order, Section 503 and VEVRAA and shirts and other wearables.
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8. At all times pertinent to this matter, 17. On January 31, 2001, Giant Part D—Implementation and OFCCP has alleged that Giant had a provided to OFCCP a complete response Enforcement of the Decree Government contract of $50,000 or to the EO Survey at issue in this case. 25. Jurisdiction, including the more, and had 50 or more employees. Part B—General Provisions authority to issue any additional orders Giant denied that it had a Government or decrees necessary to effectuate the contract of $50,000 or more at the time 18. The record that is the basis for this implantation of the provisions of this OFCCP sought submission of the EO Consent Decree consists of the Consent Decree, is retained by the Office Survey. Administrative Complaint, Answer and of Administrative Law Judges for one 9. At all times pertinent to this matter, the Consent Decree including year form the Effective Date of this Giant maintained and operated the attachments thereto. Decree. Commerce facility located at 5655 19. This Consent Decree shall not 26. If at any time after the Effective Union Pacific Avenue, Commerce, become final until it has been signed by Date of this Decree, OFCCP believes that California 90022. Giant has violated any portion of this 10. Giant has never obtained a waiver the Administrative Law Judge. The Effective Date of the Decree shall be the Consent Decree, Giant will be promptly of coverage from the Deputy Assistant notified of that fact in writing. This Secretary for Federal contract date on which it is signed by the Administrative Law Judge. notification will include a statement of Compliance for its Commerce Facility. the facts and circumstances relied upon 11. The EO Survey received by Giant, 20. This Consent Decree shall be in forming that belief. The notification on April 28, 2000, sought from Giant binding upon Giant, and any and all will provide Giant with 15 calendar information relating to its current purchasers, successors, assignees, and/ days to respond in writing except where personnel practices. This information is or transferees, and shall have the same force and effect as an order made after OFCCP alleges that such a delay would of the type that Federal contractors are result in irreparable injury. a full hearing. required to maintain. 41 CFR 60–1.12; 27. Enforcement proceedings for 41 CFR 60–250.52 41 CFR 60–740.80. 21. The parties waive all further violation of this Consent Decree may be 12. OFCCP contended, in this action, procedural steps to contest the binding initiated at any time after the 15 days that Giant was required to respond to effect of the Consent Decree, and any referred to in paragraph 26 has elapsed the EO Survey within 30 days from the right to challenge or contest the (or sooner, if irreparable injury is date of receipt, i.e., on or before May 28, obligations entered into pursuant to this alleged) upon filing with the Court a 2000. Giant denied that it was required Decree. Pursuant to 41 CFR 60–30.13, an motion for an order of enforcement and/ to do so. Order by the Administrative Law Judge or sanctions. The issues in a hearing on 13. Giant did not complete the EO accepting this Consent Decree shall the motion shall related solely to the Survey for its Commerce facility by May constitute the final administrative order factual and legal claims make in the 28, 2000. in this matter. motion and Giant’s defense thereto. 14. By letter dated June 22, 2000, 22. Subject to the performance by 28. Liability for violation of this Shirley J. Wilcher, Deputy Assistant Giant of all duties and obligations Consent Decree shall subject Giant to Secretary for Federal Contract contained in this Consent Decree, all sanctions set forth in the Executive Compliance, U.S. Department of Labor, alleged violations identified or which Order, section 503 and VEVRAA and sent, by certified mail a Notice to Show could have been identified in the their implementing regulations, Cause within 30 days why Giant’s non- Administrative Complaint shall be including contract cancellation and/or submission of the EO Survey should not deemed fully resolved. However, debarment, and the appropriate relief. be deemed a violation of the Executive nothing herein is intended to relieve 29. If an application or motion for an Order, and why defendant should not be Giant form compliance with the order of enforcement or clarification subject to the sanctions provided by law requirements of the Executive Order, indicates by signature of counsel that and regulation for such a violation. The section 503 and VEVRAA or the the application or motion is unopposed Notice to Show Cause was accompanied regulations promulgated pursuant by OFCCP and Giant, the application or by a second copy of the EO survey. thereto, or to limit OFCCP’s right to motion may be presented to the Court 15. On August 1, 2000, a letter dated without hearing and the proposed Order May 22, 2000, was faxed to OFCCP by review Giant’s compliance with such requirements. may be implemented immediately. If an Patricia Winkler, Human Resources application or motion is opposed by any 23. Giant agrees that there shall be no Manager for Giant. In the May 22, 2000 party, the party in opposition shall file retaliation of any kind against any letter, Jesse L. Atilano, President and a written response within 20 calendar person who has provided information or CEO of Labor Law, requested an days of receipt. The Office of assistance concerning this Decree. exemption for Giant based on the Administrative Law Judges may, if it assertion that Giant did not have sales Part C—Specific Provisions deems it appropriate, schedule a hearing exceeding the ‘‘statutory dollar amount’’ on the application or motion. of $500,000.00. On August 16, 2000, 24. Giant agrees to a fixed-term 30. The Agreement herein set forth is OFCCP contacted Mr. Atilano to inform debarment of six months during which hereby approved and shall constitute him that the threshold dollar amount Giant will not be eligible to receive the Final Administrative Order in this which creates in Government future contracts or modifications or case. contractors the duty to prepare and extensions of existing contracts. The six Agreed and Consented To: maintain a written Affirmative Action month debarment will commence on the On Behalf of the Defendant, Giant Program is $50,000. Mr. Atilano stated Effective Date of this Decree. The Merchandising: that he did not believe that Giant was Deputy Assistant Secretary will grant Date: April 13, 2001. a Federal contractor but that he needed reinstatement, pursuant to 41 CFR 60– Matthew B. Halpern, 1.31, if Giant complies with the terms of Jackson, Lewis, Schnitzler & Krupman, 1000 to confirm the dollar amount of Giant’s Woodbury Road, Suite 402, Woodbury, NY contracts. this Decree. No additional proceedings 11797 16. On January 12, 2001, the before the Office of Administrative Law On Behalf of the Plaintiff, U.S. Department of Administrative Complaint was filed in Judges are necessary for Giant to be Labor, Office of Federal Contract this matter. reinstated. Compliance Programs:
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Judith E. Kramer, Dated at Arlington, Virginia this 16th day the petition for modification for the Acting Solicitor of Labor. of May 2001. Willow Lake Portal Mine to allow air Gary M. Buff, Associate Solicitor. David L. Meyer, coursed through conveyor belt entries to Debra A. Millenson, Director, Office of Standards, Regulations, be used to ventilate working places with Senior Trial Attorney. and Variances. conditions. Michelle Serrou Attorney, Department of Labor, Office of the Affirmative Decisions on Petitions for Petitioner: West Ridge Resources, Solicitor, Civil Rights Division. Modification Incorporated. [FR Doc. 01–12995 Filed 5–22–01; 8:45 am] Petitioner: Sidney Coal Company, Inc. [Docket No.: M–2000–025–C] BILLING CODE 4510–27–M [Docket No.: M–2000–002–C] FR Notice: 65 FR 19928. FR Notice: 65 FR 10563. Regulation Affected: 30 CFR 75.1909(b)(6). DEPARTMENT OF LABOR Regulation Affected: 30 CFR 75.1902(d)(1). Summary of Findings: Petitioner’s Mine Safety and Health Administration Summary of Findings: Petitioner’s proposal is to: (i) Install gear lockout proposal is to have its underground devices on its diesel grader to limit the Summary of Decisions Granting in fuels storage facilities remain at the speed to a maximum of 10 miles per Whole or in Part Petitions for present location and make the following hour when operating the grader in an Modification changes and adjustments for safety underground coal mine or on the concerns: (i) Offset the fuel tank 35 feet surface of an underground coal mine; AGENCY: Mine Safety and Health from any track or transportation; (ii) and (ii) provide training to every grader Administration (MSHA), Labor. maintain the storage facility out of operator on the proper techniques for lowering the blade to restrict the speed ACTION: direct line of flatcars, mantrips, and Notice of affirmative decisions and to stop the grader, on the proper issued by the Administrators for Coal other equipment that is moving up or down the slope; (iii) ventilate the gear selection for grading, and on the Mine Safety and Health and Metal and proper speed for grading. This is Nonmetal Mine Safety and Health on facility directly into the return air course and equip the facility with a fire considered an acceptable alternative petitions for modification of the method for the West Ridge Mine. MSHA application of existing safety standards. suppression system and other safety features, and fireproof and inspect the grants the petition for modification for the West Ridge mine with conditions. SUMMARY: Under section 101 of the facility on a daily basis, and (iv) add a Federal Mine Safety and Health Act of carbon monoxide sensor. This is Petitioner: Andalex Resources, 1977, the Secretary of Labor (Secretary) considered an acceptable alternative Incorporated. may allow the modification of the method for the Mine #1. MSHA grants [Docket No.: M–2000–026–C] application of an existing safety the petition for modification for a FR Notice: 65 FR 19928. standard to a mine if the Secretary permanent underground diesel fuel Regulation Affected: 30 CFR determines either that an alternate storage facility installed within 100 feet 75.1909(b)(6). method exists at a specific mine that of a slope in the Mine #1 with Summary of Findings: Petitioner’s will guarantee no less protection for the conditions. proposal is to: (i) Install gear lockout miners affected than that provided by Petitioner: Europa Coal Company. devices on its diesel grader to limit the the standard, or that the application of [Docket No.: M–2000–013–C] speed to a maximum of 10 miles per the standard at a specific mine will FR Notice: 65 FR 16966. hour when operating the grader in an result in a diminution of safety to the Regulation Affected: 30 CFR 75.1002. underground coal mine or on the affected miners. Summary of Findings: Petitioner’s surface of an underground coal mine; Final decisions on these petitions are proposal is to use a 2,400 volt Joy 14CM and (ii) provide training to every grader based upon the petitioner’s statements, continuous miner instead of a 1,000 volt operator on the proper techniques for comments and information submitted continuous miner inby the last open lowering the blade to restrict the speed by interested persons, and a field crosscut and within 150 feet from pillar and to stop the grader, on the proper investigation of the conditions at the workings. This is considered an gear selection for grading, and on the mine. MSHA, as designee of the acceptable alternative method for the proper speed for grading. This is Secretary, has granted or partially Europa Mine. MSHA grants the petition considered an acceptable alternative granted the requests for modification for modification for the Europa Mine method for the Aberdeen Mine and listed below. In some instances, the with conditions. Pinnacle Mine. MSHA grants the decisions are conditioned upon Petitioner: Big Ridge, Inc. (Formerly petition for modification for the compliance with stipulations stated in Sugar Camp Coal, LLC). Aberdeen Mine and Pinnacle Mine with conditions. the decision. The term ‘‘FR Notice’’ [Docket No.: M–2000–021–C] appears in the list of affirmative Petitioner: Elk Run Coal Company, FR Notice: 65 FR 19928. decisions below. The term refers to the Inc. Regulation Affected: 30 CFR 75.350. Federal Register volume and page Summary of Findings: Petitioner’s [Docket No.: M–2000–028–C] where MSHA published a notice of the proposal is to use air coursed through FR Notice: 65 FR 31611. filing of the petition for modification. belt haulage entries to ventilate active Regulation Affected: 30 CFR 75.1002. FOR FURTHER INFORMATION CONTACT: working places. The petitioner proposes Summary of Findings: Petitioner’s Petitions and copies of the final to install a low-level carbon monoxide proposal is to use continuous mining decisions are available for examination detection system in the supply road machines with nominal voltage not to by the public in the Office of Standards, with branches extended to the belt line exceed 2,300 volts. This is considered Regulations, and Variances, MSHA, at certain locations as an early warning an acceptable alternative method for the Room 627, 4015 Wilson Boulevard, fire detection system. This is considered White Knight Mine. MSHA grants the Arlington, Virginia 22203. Contact an acceptable alternative method for the petition for modification for the White Barbara Barron at 703–235–1910. Willow Lake Portal Mine. MSHA grants Knight Mine to use 2,400-volt
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continuous miner system(s) with No. 2 Slope Mine. MSHA grants the grants the petition for modification for conditions. petition for modification for the No. 2 the Bowie #2 Mine under controlled Petitioner: B & B Anthracite Coal Slope Mine with conditions. conditions and upon compliance with Company. Petitioner: Tito Coal. the terms and conditions in the [Docket No.: M–2000–029–C] [Docket No.: M–2000–039–C] Proposed Decision and Order. FR Notice: 65 FR 40141. FR Notice: 65 FR 31611. FR Notice: 65 FR 31610. Petitioner: Alex Energy, Inc. Regulation Affected: 30 CFR 49.2(b). Regulation Affected: 30 CFR 49.2(b). Summary of Findings: Petitioner’s Summary of Findings: Petitioner’s [Docket No.: M–2000–051–C] proposal is to reduce its mine rescue proposal is to reduce its mine rescue Regulation Affected: 30 CFR 75.1002. teams to two teams with three members teams to two teams with three members Summary of Findings: Petitioner’s each and one alternate who serves both each and one alternate who serves both proposal is to use high-voltage longwall teams, instead of having two mine teams, instead of having two mine mining equipment, with the nominal rescue teams with five members and one rescue teams with five members and one voltage of longwall circuits not to alternate. This is considered an alternate. This is considered an exceed 4,160 volts. This is considered acceptable alternative method for the acceptable alternative method for the an acceptable alternative method for the Rock Ridge Slope Mine. MSHA grants Whites Vein Mine. MSHA grants the Jerry Fork Eagle Mine. MSHA grants the the petition for modification for the petition for modification for the Whites petition for modification for the Jerry Rock Ridge Slope Mine with conditions. Vein Slope Mine with conditions. Fork Eagle Mine with conditions. Petitioner: West Ridge Resources, Inc. FR Notice: 65 FR 40141. FR Notice: 65 FR 40141. Petitioner: Rustler Coal Company. [Docket No.: M–2000–030–C] Petitioner: Bowie Resources, Ltd. [Docket No.: M–2000–053–C] [Docket No.: M–2000–048–C] FR Notice: 65 FR 31611. Regulation Affected: 30 CFR 49.2(b). Regulation Affected: 30 CFR Regulation Affected: 30 CFR Summary of Findings: Petitioner’s 75.500(d). 75.901(a). proposal is to reduce its mine rescue Summary of Findings: Petitioner’s Summary of Findings: Petitioner’s teams to two teams with three members proposal is to use non-permissible low proposal is to use a 460 KW, 480-volt each and one alternate who serves both voltage or battery powered electronic wye connected diesel-powered teams, instead of having two mine testing and diagnostic equipment in or generator for utility power and to move rescue teams with five members and one inby the last open crosscut. This is and operate electrically powered mobile alternate. This is considered an considered an acceptable alternative equipment and stationary equipment acceptable alternative method for the method for the West Ridge Mine. MSHA throughout the mine. This is considered Orchard Slope Mine. MSHA grants the grants the petition for modification for an acceptable alternative method for the petition for modification for the Orchard the West Ridge Mine with conditions. Bowie #2 Mine. MSHA grants the Slope Mine with conditions. Petitioner: Freeman United Coal petition for modification for the 480- FR Notice: 65 FR 40140. Mining Company. volt, three-phase, 460KW diesel- Petitioner: M & H Coal Company. powered generator (DPG) set, Serial No. [Docket No.: M–2000–037–C] [Docket No.: M–2000–057–C] 26630–12/99, supplying power to a 400- FR Notice: 65 FR 31609. KVA three-phase auto-transformer and Regulation Affected: 30 CFR 49.2(b). Summary of Findings: Petitioner’s Regulation Affected: 30 CFR three-phase 480-, and 995-volt power proposal is to reduce its mine rescue 75.1909(b)(6). circuits for the Bowie #2 Mine with teams to two teams with three members Summary of Findings: Petitioner’s conditions. proposal is to operate its diesel-powered each and one alternate who serves both road grader without front wheel brakes. FR Notice: 65 FR 40141. teams, instead of having two mine The petitioner proposes to operate its Petitioner: Bowie Resources, Ltd. rescue teams with five members and one diesel grader at a maximum speed of 10 [Docket No.: M–2000–049–C] alternate. This is considered an miles per hour, lower the grader blade Regulation Affected: 30 CFR acceptable alternative method for the (mold board) to increase stopping 75.500(d). Mercury Slope Mine. MSHA grants the capability in emergencies, and provide Summary of Findings: Petitioner’s petition for modification for the training for the grader operators on how proposal is to use non-permissible low Mercury Slope Mine with conditions. to recognize appropriate levels of speed voltage or battery powered electronic FR Notice: 65 FR 40140. for different road and slope conditions. testing and diagnostic equipment in or Petitioner: UAE CoalCorp Associates. This is considered an acceptable inby the last open crosscut. This is [Docket No.: M–2000–058–C] alternative method for the Crown II considered an acceptable alternative Regulation Affected: 30 CFR 49.2(b). Mine. MSHA grants the petition for method for the Bowie #2 Mine. MSHA Summary of Findings: Petitioner’s modification for the Crown II Mine with grants the petition for modification for proposal is to reduce its mine rescue conditions. the Bowie #2 Mine with conditions. teams to two teams with three members Petitioner: Neumeister Coal Company. FR Notice: 65 FR 40141. each and one alternate who serves both [Docket No.: M–2000–038–C] Petitioner: Bowie Resources, Ltd. teams, instead of having two mine FR Notice: 65 FR 31610. [Docket No.: M–2000–050–C] rescue teams with five members and one Regulation Affected: 30 CFR 49.2(b). Regulation Affected: 30 CFR 75.1002– alternate. This is considered an Summary of Findings: Petitioner’s 1(a). acceptable alternative method for the proposal is to reduce its mine rescue Summary of Findings: Petitioner’s Harmony Mine. MSHA grants the teams to two teams with three members proposal is to use non-permissible low petition for modification for the each and one alternate who serves both voltage or battery powered electronic Harmony Mine with conditions. teams, instead of having two mine testing and diagnostic equipment within FR Notice: 65 FR 40140. rescue teams with five members and one 150 feet of pillar workings. This is Petitioner: M & M Coal Company. alternate. This is considered an considered an acceptable alternative [Docket No.: M–2000–059–C] acceptable alternative method for the method for the Bowie #2 Mine. MSHA Regulation Affected: 30 CFR 49.2(b).
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Summary of Findings: Petitioner’s rescue teams with five members and one petition for modification for the proposal is to reduce its mine rescue alternate. This is considered an Skidmore Slope Mine with conditions. teams to two teams with three members acceptable alternative method for the FR Notice: 65 FR 40140. each and one alternate who serves both Rattling Run Mine. MSHA grants the Petitioner: R & D Coal Company. teams, instead of having two mine petition for modification for the Rattling [Docket No.: M–2000–070–C] rescue teams with five members and one Run Mine with conditions. Regulation Affected: 30 CFR 49.2(b). alternate. This is considered an FR Notice: 65 FR 40140. Summary of Findings: Petitioner’s acceptable alternative method for the LV Petitioner: Snyder Coal Company. proposal is to reduce its mine rescue #3 Vein Slope Mine. MSHA grants the [Docket No.: M–2000–066–C] teams to two teams with three members petition for modification for the LV #3 Regulation Affected: 30 CFR 49.2(b). each and one alternate who serves both Vein Slope Mine with conditions. Summary of Findings: Petitioner’s teams, instead of having two mine FR Notice: 65 FR 40140. proposal is to reduce its mine rescue rescue teams with five members and one Petitioner: L Coal Company. teams to two teams with three members alternate. This is considered an [Docket No.: M–2000–060–C] each and one alternate who serves both acceptable alternative method for the Regulation Affected: 30 CFR 49.2(b). teams, instead of having two mine Buck Mt. Slope Mine. MSHA grants the Summary of Findings: Petitioner’s rescue teams with five members and one petition for modification for the Buck proposal is to reduce its mine rescue alternate. This is considered an Mt. Slope Mine with conditions. teams to two teams with three members acceptable alternative method for the N. FR Notice: 65 FR 40140. each and one alternate who serves both & L. Slope Mine. MSHA grants the Petitioner: Primrose Coal Company teams, instead of having two mine petition for modification for the N. & L. No. 2. rescue teams with five members and one Slope Mine with conditions. [Docket No.: M–2000–071–C] alternate. This is considered an FR Notice: 65 FR 40140. Regulation Affected: 30 CFR 49.2(b). acceptable alternative method for the Petitioner: S & M Coal Company. Summary of Findings: Petitioner’s Lenig Tunnel Mine. MSHA grants the [Docket No.: M–2000–067–C] proposal is to reduce its mine rescue petition for modification for the Lenig teams to two teams with three members Tunnel Mine with conditions. Regulation Affected: 30 CFR 49.2(b). Summary of Findings: Petitioner’s each and one alternate who serves both FR Notice: 65 FR 40140. proposal is to reduce its mine rescue teams, instead of having two mine Petitioner: A. L. Coal Company. teams to two teams with three members rescue teams with five members and one [Docket No.: M–2000–061–C] each and one alternate who serves both alternate. This is considered an Regulation Affected: 30 CFR 49.2(b). teams, instead of having two mine acceptable alternative method for the Summary of Findings: Petitioner’s rescue teams with five members and one Buck Mountain Vein Slope Mine. proposal is to reduce its mine rescue alternate. This is considered an MSHA grants the petition for teams to two teams with three members acceptable alternative method for the modification for the Buck Mountain each and one alternate who serves both Buck Mountain Slope Mine. MSHA Vein Slope Mine with conditions. teams, instead of having two mine grants the petition for modification for FR Notice: 65 FR 40140. rescue teams with five members and one the Buck Mountain Slope Mine with Petitioner: Nowacki Coal Company. alternate. This is considered an conditions. [Docket No.: M–2000–072–C] acceptable alternative method for the FR Notice: 65 FR 40140. Regulation Affected: 30 CFR 49.2(b). Robert L. Derck Mine. MSHA grants the Petitioner: R S & W Coal Company, Summary of Findings: Petitioner’s petition for modification for the Robert Inc. proposal is to reduce its mine rescue L. Derck Mine with conditions. [Docket No.: M–2000–068–C] teams to two teams with three members FR Notice: 65 FR 40140. Regulation Affected: 30 CFR 49.2(b). each and one alternate who serves both Petitioner: Three W. M. U. G Mine Summary of Findings: Petitioner’s teams, instead of having two mine Company. proposal is to reduce its mine rescue rescue teams with five members and one [Docket No.: M–2000–063–C] teams to two teams with three members alternate. This is considered an Regulation Affected: 30 CFR 49.2(b). each and one alternate who serves both acceptable alternative method for the Summary of Findings: Petitioner’s teams, instead of having two mine Nowacki Coal Co. Slope Mine. MSHA proposal is to reduce its mine rescue rescue teams with five members and one grants the petition for modification for teams to two teams with three members alternate. This is considered an the Nowacki Coal Co. Slope Mine with each and one alternate who serves both acceptable alternative method for the R. conditions. teams, instead of having two mine S. & W. Drift Mine. MSHA grants the FR Notice: 65 FR 40140. rescue teams with five members and one petition for modification for the R. S. & Petitioner: Little Rock Coal Company. alternate. This is considered an W. Drift Mine with conditions. [Docket No.: M–2000–0074–C] acceptable alternative method for the FR Notice: 65 FR 40140. Regulation Affected: 30 CFR 49.2(b). Orchard Slope Mine. MSHA grants the Petitioner: Rhen Coal Company. Summary of Findings: Petitioner’s petition for modification for the Orchard Docket No.: M–2000–069–C] proposal is to reduce its mine rescue Slope Mine with conditions. Regulation Affected: 30 CFR 49.2(b). teams to two teams with three members FR Notice: 65 FR 40140. Summary of Findings: Petitioner’s each and one alternate who serves both Petitioner: Snyder Coal Company. proposal is to reduce its mine rescue teams, instead of having two mine [Docket No.: M–2000–065–C] teams to two teams with three members rescue teams with five members and one Regulation Affected: 30 CFR 49.2(b). each and one alternate who serves both alternate. This is considered an Summary of Findings: Petitioner’s teams, instead of having two mine acceptable alternative method for the proposal is to reduce its mine rescue rescue teams with five members and one No. 1 Slope Mine. MSHA grants the teams to two teams with three members alternate. This is considered an petition for modification for the No. 1 each and one alternate who serve both acceptable alternative method for the Slope Mine with conditions. teams, instead of having two mine Skidmore Slope Mine. MSHA grants the FR Notice: 65 FR 40140.
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Petitioner: Little Buck Coal Company. teams to two teams with three members [Docket No.: M–2000–087–C] [Docket No.: M–2000–075–C] each and one alternate who serves both Regulation Affected: 30 CFR 75.1700. Regulation Affected: 30 CFR 49.2(b). teams, instead of having two mine Summary of Findings: Petitioner’s Summary of Findings: Petitioner’s rescue teams with five members and one proposal is to plug and abandon oil and proposal is to reduce its mine rescue alternate. This is considered an gas wells, and mine through the oil and teams to two teams with three members acceptable alternative method for the gas wells with a longwall mining each and one alternate who serves both No. 1 Slope Mine. MSHA grants the machine instead of maintaining a 300- teams, instead of having two mine petition for modification for the No. 1 foot barrier around the well. This is rescue teams with five members and one Slope Mine with conditions. considered an acceptable alternative alternate. This is considered an FR Notice: 65 FR 40140. method for the North River No. 1 Mine. acceptable alternative method for the #3 Petitioner: D & D Company. MSHA grants the petition for Slope Buck Mtn. Mine. MSHA grants [Docket No.: M–2000–082–C] modification for the North River No. 1 Mine with conditions. the petition for modification for the #3 Regulation Affected: 30 CFR 49.2(b). FR Notice: 65 FR 49018. Slope Buck Mtn. Mine with conditions. Summary of Findings: Petitioner’s Petitioner: 3–D Management Services, FR Notice: 65 FR 40140. proposal is to reduce its mine rescue Inc. Petitioner: Jordan Coal Company. teams to two teams with three members [Docket No.: M–2000–076–C] each and one alternate who serves both [Docket No.: M–2000–092–C] Regulation Affected: 30 CFR 49.2(b). teams, instead of having two mine Regulation Affected: 30 CFR 75.503. Summary of Findings: Petitioner’s rescue teams with five members and one Summary of Findings: Petitioner’s proposal is to reduce its mine rescue alternate. This is considered an proposal is to use a spring-loaded teams to two teams with three members acceptable alternative method for the device on battery plug connectors on each and one alternate who serves both Primrose Slope Mine. MSHA grants the mobile battery-powered machines to teams, instead of having two mine petition for modification for the prevent the plug connector from rescue teams with five members and one Primrose Slope Mine with conditions. accidently disengaging while under load alternate. This is considered an FR Notice: 65 FR 40140. instead of using padlocks. This is acceptable alternative method for the Petitioner: Chestnut Coal Company. considered an acceptable alternative method for the Campbells Creek #5 Jordan #1 Slope Mine. MSHA grants the [Docket No.: M–2000–083–C] petition for modification for the Jordan Mine. MSHA grants the petition for #1 Slope Mine with conditions. Regulation Affected: 30 CFR 49.2(b). modification for the Campbells Creek #5 Summary of Findings: Petitioner’s FR Notice: 65 FR 40140. Mine with conditions. proposal is to reduce its mine rescue Petitioner: Joliett Coal Company. FR Notice: 65 FR 58821. teams to two teams with three members Petitioner: Marfork Coal Co., Inc. [Docket No.: M–2000–077–C] each and one alternate who serves both [Docket No.: M–2000–121–C]] Regulation Affected: 30 CFR 49.2(b). teams, instead of having two mine Summary of Findings: Petitioner’s rescue teams with five members and one Regulation Affected: 30 CFR 75.1002. proposal is to reduce its mine rescue alternate. This is considered an Summary of Findings: Petitioner’s teams to two teams with three members acceptable alternative method for the proposal is to use high-voltage (2,400- each and one alternate who serves both No. 10 Slope Mine. MSHA grants the volt) cables to power longwall mining teams, instead of having two mine petition for modification for the No. 10 equipment. This is considered an rescue teams with five members and one Slope Mine with conditions. acceptable alternative method for the Coon Cedar Grove Mine. MSHA grants alternate. This is considered an FR Notice: 65 FR 49017. acceptable alternative method for the #3 the petition for modification for the Petitioner: Pine Ridge Coal Company. Vein Slope Mine. MSHA grants the 2,400-volt continuous miner system(s) petition for modification for the #3 Vein [Docket No.: M–2000–085–C] at the Coon Cedar Grove Mine with Slope Mine with conditions. Regulation Affected: 30 CFR 75.1002. conditions. FR Notice: 65 FR 40140. Summary of Findings: Petitioner’s Petitioner: D & A Resources, Inc. Petitioner: R & R Coal Company proposal is to modify its previously [Docket No.: M–2000–122–C] granted petition for modification, docket (Formerly B & L Coal Co.). FR Notice: 65 FR 64261. number M–98–004–C, to allow 2,400 [Docket No.: M–2000–079–C] Regulation Affected: 30 CFR 75.503. volt cables to be used inby the last open Summary of Findings: Petitioner’s Regulation Affected: 30 CFR 49.2(b). crosscut at the working continuous proposal is to use a threaded ring and Summary of Findings: Petitioner’s miner sections at the Pine Ridge Coal a spring-loaded device on battery plug proposal is to reduce its mine rescue Company, Robin Hood No. 9 Mine (I.D. connectors on mobile battery-powered teams to two teams with three members No. 46–02143), be transferred to its machines to prevent the plug connector each and one alternate who serves both Whites Branch Mine (I.D. No. 46– from accidently disengaging while teams, instead of having two mine 08827). This is considered an acceptable under load instead of using padlocks. rescue teams with five members and one alternative method for the Pine Ridge This is considered an acceptable alternate. This is considered an Coal Company, Whites Branch Mine. alternative method for the Mine No. 4. acceptable alternative method for the R MSHA grants the petition for MSHA grants the petition for & R Coal Company Mine. MSHA grants modification for the 2,400-volt modification for the Mine No. 4 with the petition for modification for the R & continuous miner system(s) used at the conditions. R Coal Company Mine with conditions. Whites Branch Mine with conditions, FR Notice: 65 FR 40140. and grants application for relief to give Petitioner: Magic Coal Company. Petitioner: F. K. Z. Coal Company. effect to September 12, 2000, proposed [Docket No.: M–2000–130–C] [Docket No.: M–2000–080–C] decision and order. FR Notice: 65 FR 64262. Regulation Affected: 30 CFR 49.2(b). FR Notice: 65 FR 49017. Regulation Affected: 30 CFR 75.503. Summary of Findings: Petitioner’s Petitioner: The Pittsburgh & Midway Summary of Findings: Petitioner’s proposal is to reduce its mine rescue Coal Mining Company. proposal is to use a threaded ring and
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a spring-loaded device on battery plug examinations in a book kept on the petition for modification for the Eagle connectors on mobile battery-powered surface, instead of conducting daily or Valley Mine with conditions. machines to prevent the plug connector weekly examinations, due to significant Petitioner: Consolidation Coal from accidently disengaging while fall hazards. This is considered an Company. under load instead of using padlocks. acceptable alternative method for the [Docket No.: M–1999–055–C] This is considered an acceptable Rattling Run Slope Mine. MSHA grants FR Notice: 64 FR 41139. alternative method for the Magic Mine. the petition for modification for the Regulation Affected: 30 CFR MSHA grants the petition for Rattling Run Slope Mine with 75.364(b)(4). modification for the Magic Mine with conditions. Summary of Findings: The conditions. Petitioner: Snyder Coal Company. Petitioner’s proposal is to establish Petitioner: Peabody Coal Company. [Docket No.: M–1999–032–C] evaluation check points to conduct [Docket No.: M–2000–133–C] FR Notice: 64 FR 32552. weekly examinations for methane in FR Notice: 65 FR 64262. Regulation Affected: 30 CFR 75.1100– certain areas of the return air course, to Regulation Affected: 30 CFR 75.503. 2. use a smoke tube to verify the direction Summary of Findings: Petitioner’s Summary of Findings: Petitioner’s of air flow, and instruct the examiner to proposal is to use a spring-loaded metal proposal is to use portable fire record the results of the examinations in locking device to secure battery extinguishers where rock dust, water a record book kept on the surface connecting plugs to machine-mounted cars, and other water storage equipped available to interested parties. This is battery receptacles on permissible with three 10 quart pails is not practical. considered an acceptable alternative mobile battery-powered scoop cars and The petitioner proposes to use two method for the Shoemaker Mine. MSHA tractors to prevent the cable plug from portable fire extinguishers near the grants the petition for modification for inadvertently disengaging from the slope bottom and an additional portable the Shoemaker Mine with conditions. receptacle instead of using padlocks. fire extinguisher within 500 feet of the Petitioner: Canyon Fuel Company, This is considered an acceptable working face. This is considered an LLC. alternative method for the Camp #11 acceptable alternative method for the [Docket No.: M–1999–057–C] Mine. MSHA grants the petition for Rattling Run Slope Mine. MSHA grants FR Notice: 64 FR 41140. modification for the Camp #11 Mine the petition for modification for the Regulation Affected: 75.360(b)(9). with conditions. Rattling Run Slope Mine with Summary of Findings: Petitioner’s Petitioner: Consolidation Coal conditions. proposal is to install an Atmospheric Company. Petitioner: Canyon Fuel Company, Monitoring System (AMS) for [Docket No.: M–1999–023–C] LLC. continuous monitoring of electrical FR Notice: 64 FR 25517. [Docket No.: M–1999–049–C] installations for carbon monoxide and Regulation Affected: 30 CFR FR Notice: 64 FR 41139. methane instead of conducting a 75.364(b)(2). Regulation Affected: 30 CFR 75.350. preshift examination. This is considered Summary of Findings: Petitioner’s Summary of Findings: Petitioner’s an acceptable alternative method for the proposal is to establish evaluation proposal is to use belt air to ventilate SUFCO Mine. MSHA grants the petition points A and B to measure air and gas working places in areas of the mine for modification for the preshift due to hazardous conditions in certain where two-entry mining system is not examination of remote electrical areas of the return air course, to used. The petitioner proposes to install installations and compressors serving maintain the evaluation points in good a low-level carbon monoxide mine de-watering pump installations condition at all times, and to have a monitoring system as an early warning conducted by pumpers who are certified certified person test for methane and the fire detection system in all belt entries mine examiners at the SUFCO Mine quantity of air on a weekly basis and used as intake air courses. This is with conditions. record the results, date, time, and his/ considered an acceptable alternative Petitioner: Canyon Fuel Company, her initials in a book kept on the method for the Dugout Canyon Mine. LLC. surface, available for inspection by MSHA grants the petition for [Docket No.: M–1999–073–C] interested persons. This is considered modification to allow air coursed FR Notice: 64 FR 49247. an acceptable alternative method for the through conveyor belt entries to be used Regulation Affected: 30 CFR Rend Lake Mine. MSHA grants the to ventilate working places, in sections 75.1909(b)(6). petition for modification for the unsafe- of the mine that do not use a two-entry Summary of Findings: Petitioner’s to-travel segment (approximately 250 mining system, for the Dugout Canyon proposal is to use an alternate method feet) of the 2 West Mains and North Mine with conditions. in lieu of front wheel brakes on its Mains return air course Mine with Petitioner: Coal Miners, Inc. diesel graders at the Skyline Mine No. conditions. [Docket No.: M–1999–50–C] 3, Dugout Canyon Mine, and SUFCO Petitioner: Snyder Coal Company. FR Notice: 64 FR 41139. Mine. The petitioner proposes to limit [Docket No.: M–1999–031–C] Regulation Affected: 30 CFR 75.350. the speed of the diesel graders to 10 FR Notice: 64 FR 32551. Summary of Findings: Petitioner’s miles per hour by blocking out gear Regulation Affected: 30 CFR proposal is to use air coursed through ratios that provide a higher speed, and 75.364(b)(1), (4), and (5). belt haulage entries to ventilate active to train the grader operators to drop the Summary of Findings: Petitioner’s working places. The petitioner proposes grader blade in the event the brakes fail. proposal is to travel and thoroughly to install a low-level carbon monoxide This is considered an acceptable preshift examine the intake haulage detection system as an early warning alternative method for the Skyline Mine slope and primary escapeway areas from fire detection system in the supply road No. 3, Dugout Canyon Mine, and the the gunboat/slope car at the section’s with branches extended to the beltline SUFCO Mine. MSHA grants the petition intake gangway level with an alternative at certain locations. This is considered for modification for the Skyline Mine air quality evaluation, and have the an acceptable alternative method for the No. 3, Dugout Canyon Mine, and the examiner record the results of these Eagle Valley Mine. MSHA grants the SUFCO Mine with conditions.
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Petitioner: Bowie Resources Limited. Summary of Findings: Petitioner’s grader blade in the event the brakes fail. [Docket No.: M–1999–100–C] proposal is to use an alternate method This is considered an acceptable FR Notice: 64 FR 57663. in lieu of the front wheel brakes on alternative method for the Baker Mine. MSHA grants the petition for Regulation Affected: 30 CFR diesel graders. The petitioner proposes modification for the Baker Mine with 75.1909(b)(6) to limit the speed of the diesel graders to 10 miles per hour and to train the conditions. Summary of Findings: Petitioner’s diesel grader operators to drop the proposal is to use an alternate method Petitioner: Mallie Coal Company, Inc. grader blade in the event the brakes fail. in lieu of front wheel brakes on diesel [Docket No.: M–98–091–C] This is considered an acceptable graders used at the Bowie No. 2 Mine. FR Notice: 64 FR 2519. alternative method for the Air Quality The petitioner proposes to limit the Regulation Affected: 30 CFR #1 Mine. MSHA grants the petition for speed of the graders to 10 miles per 75.380(f)(4). modification for the Air Quality ι1 Mine hour by block welding a steel stop bar Summary of Findings: Petitioner’s with conditions. across the gear selector slot to the 5th proposal is to use one twenty or two and 6th gears, and train the diesel Petitioner: Consolidation Coal ten-pound portable chemical fire grader operators to drop the grader Company. extinguishers on each Mescher Jeep. blade in the event the brakes fail and on [Docket No.: M–1999–119–C] The petitioner proposes to install one how to recognize the appropriate speeds FR Notice: 64 FR 70055. fire extinguisher in the operator’s deck to use on different roadway and slope Regulation Affected: 30 CFR 75.312(c) if two fire extinguishers are used, and conditions. This is considered an and (d). install the other fire extinguisher on the acceptable alternative method for the Summary of Findings: Petitioner’s jeep readily accessible to the operator. If Bowie No. 2 Mine. MSHA grants the proposal is to test automatic closing one fire extinguisher is used, it will be petition for modification for the Bowie doors and automatic fan signal devices installed in the operator’s deck. A total No. 2 Mine with conditions. every 31 days without shutting down of twenty pounds of fire extinguisher the fan and without removing miners capability will be carried on each jeep Petitioner: Wabash Mine Holding and the operator will inspect each fire Company. from the mine. This is considered an acceptable alternative method for the extinguisher daily prior to entering the [Docket No.: M–1999–107–C] Shoemaker Mine. MSHA grants the mine. This is considered an acceptable FR Notice: 64 FR 70054. petition for modification for the alternative method for the Mine No. 4. Regulation Affected: 30 CFR Shoemaker Mine for tests of: (1) The MSHA grants the petition for 75.1909(b)(6). automatic fan stoppage signal device; modification for the Mine No. 4 with Summary of Findings: Petitioner’s and (2) the automatic closing air flow conditions. proposal is to use an alternate method reversal prevention doors to be [FR Doc. 01–13042 Filed 5–22–01; 8:45 am] in lieu of the front wheel brakes on performed without shutting down the BILLING CODE 4510–43–U diesel graders. The petitioner proposes mine fan, and without removing the to equip diesel graders with devices that miners from the mine with conditions. limit the speed of the diesel graders to Petitioner: Plateau Mining Company. DEPARTMENT OF LABOR 10 miles per hour and to train the diesel grader operators to drop the grader [Docket No.: M–1999–137–C] Occupational Safety and Health blade in the event the brakes fail. This FR Notice: 64 FR 1914. Administration Regulation Affected: 30 CFR is considered an acceptable alternative [Docket No. ICR–1218–0173(2001)] method for the Wabash Mine. MSHA 75.1909(b)(6). grants the petition for modification for Summary of Findings: Petitioner’s Course Evaluation Form; Extension of the Wabash Mine with conditions. proposal is to use an alternative method the Office of Management of Budget’s in lieu of the front wheel brakes on Petitioner: Blue Mountain Energy, Inc. Approval of Information-Collection diesel graders. The petitioner proposes (Paperwork) Requirements [Docket No.: M–1999–109–C] to equip diesel graders with devices that FR Notice: 64 FR 70054. limit the speed of the diesel graders to AGENCY: Occupational Safety and Health Regulation Affected: 30 CFR 10 miles per hour, and to train the Administration (OSHA), Labor. 75.1909(b)(6). diesel grader operators to drop the ACTION: Notice of an opportunity for Summary of Findings: Petitioner’s grader blade in the event the brakes fail. public comment. proposal is to use an alternate method This is considered an acceptable in lieu of the front wheel brakes on alternative method for the Willow Creek SUMMARY: OSHA solicits public diesel graders. The petitioner proposes Mine. MSHA grants the petition for comment concerning its request for an to equip diesel graders with devices that modification for the Willow Creek Mine extension of the information-collection limit the speed of the diesel graders to with conditions. requirements contained in its Course 10 miles per hour and to train the diesel Evaluation Form. Petitioner: Lodestar Energy, Inc. Request for Comment: The Agency grader operators to drop the grader [Docket No.: M–1999–141–C] blade in the event the brakes fail. This has a particular interest in comments on FR Notice: 65 FR 1914. is considered an acceptable alternative the following issues: Regulation Affected: 30 CFR • Whether the proposed information- method for the Deserado Mine. MSHA 75.1909(b)(6). collection requirements are necessary grants the petition for modification for Summary of Findings: Petitioner’s for the proper performance of the the Deserado Mine with conditions. proposal is to use an alternative method Agency’s functions, including whether Petitioner: Black Beauty Coal in lieu of the front wheel brakes on the information is useful; Company. diesel graders. The petitioner proposes • The accuracy of the Agency’s [Docket No.: M–1999–110–C] to equip the diesel grader with devices estimate of the burden (time and costs) FR Notice: 64 FR 70054. that limit the speed of the diesel grader of the information-collection Regulation Affected: 30 CFR to 10 miles per hour, and to train the requirements, including the validity of 75.1909(b)(6). diesel grader operators to drop the the methodology and assumptions used;
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• The quality, utility, and clarity of provide an adequate supply of qualified relevance of topics to job, effectiveness the information collected; and personnel to carry out the purposes of of exercises, workshops, laboratories, • Ways to minimize the burden on this Act, and(2) informational programs field trips and audiovisuals, usefulness employers who must comply; for on the importance of and proper use of of course materials and handouts, and example, by using automated or other adequate safety and health equipment’’; overall rating of course. The feedback technological information-collection ‘‘(C)onduct, directly or by grants or provides an overall impression of the and -transmission techniques. contracts, short-term training of student’s experience for the course. DATES: The public must submit written personnel engaged in work related to Students provide more detailed comments to the office listed under (their) responsibilities under the Act’’’ feedback in the narrative sections of the ADDRESSES on or before July 23, 2001. and ‘‘(1) provide for the establishment form. Course Evaluation Form student ADDRESSES: Submit written comments and supervision of programs for the input provides a standardized tool for to the Docket Office, Docket No. ICR education and training of employers and collecting quality data that has been 1218–0173(2001), OSHA, U.S. employees in the recognition, used to determine program successes Department of Labor, Room N–2625, avoidance, and prevention of unsafe and and shortcomings. This quality data has 200 Constitution Avenue, NW., unhealthful working conditions in assisted the Training Institute in Washington, DC 20201; telephone: (202) employments covered by this Act, and directing resources where they can do 693–2350. Commenters may transmit (2) consult with and advise employers the most good. All Course Evaluation written comments of 10 pages or less by and employees, and organizations Forms are reviewed by the course facsimile to: (202) 693–1648. representing employers and employees chairperson, instructors, the Institute as to effective means of preventing FOR FURTHER INFORMATION CONTACT: Gail Director and the supervisor responsible occupational injuries and illnesses. Butler, Division of Administration and for that course. Ratings provide baseline As authorized by the appropriate data from which to draw conclusions Training Information, OSHA Office of provisions of section 21 of the Act, the Training and Education, 1555 Times about the effectiveness and quality of OSHA Training Institute (the the training courses and to assess the Drive, Des Plaines, Illinois 60018; ‘‘Institute’’) provides basic, telephone (not toll free): (847) 297– level of student satisfaction with the intermediate, and advanced training and course. Evaluation data is used to 4810; e-mail: [email protected] or education in occupational safety and facsimile: (847) 297–4810. A copy of the determine which courses may need health for federal and state compliance improvement. Problem areas are noted Agency’s Information-Collection officers, Agency professionals and Request (ICR) supporting the need for and the supervisor discusses them with technical-support personnel, employers, the course chairperson. Courses needing information-collection requirements employees, organizations representing specified in the Course Evaluation Form further improvement are scheduled for employees and employers, educators a more comprehensive follow-up course is available for inspection and copying who develop curricula and teach in the Docket Office, or by requesting a evaluation with recommendations for occupational safety and health courses, improvement. Revised courses are mailed copy from Todd Owen at (202) and representatives of professional 693–2444. For electronic copies of this closely monitored to determine if safety and health groups. This program problem areas have been resolved. ICR, contact OSHA on the Internet at includes the courses on occupational http://www.osha.gov/. safety and health provided by the II. Proposed Actions SUPPLEMENTARY INFORMATION: Institute at its national training facility OSHA proposes to extend Office of I. Background in Des Plaines, Illinois. In addition to Management and Budget (OMB) conducting courses at the OSHA The Department of Labor, as part of it approval of the collection-of- Training Institute in Des Plaines, information (paperwork) requirements containing effect to reduce paperwork Illinois, the Institute is also and respondent (e.g., employer) burden, specified in Course Evaluation Form. administering a program whereby The Agency will summarize the conducts a preclearance consultation several institutions in various locations program to provide the general public comments submitted in responses to throughout the United States have been this notice, and will include this and Federal agencies with an authorized as OSHA Training Institute opportunity to comment on proposed summary in its request to OMB to Education Centers. These Education extend the approval of these and continuing information-collection Centers conduct a specific number of requirements in accordance with the information-collection requirements. OSHA courses that are geared for Type of Review: Extension of Paperwork Reduction Act of 1995 (44 private sector and other Federal Agency currently approved information- U.S.C. 3506(c)(2)(A)). This program personnel. The goal of the Education collection requirements. ensures that information is in the Center program is to expand the Title: Course Evaluation Form. desired format, reporting burden (time accessibility of high-quality OSHA OMB Number: 1218–0173. and costs) is minimal, collection training courses. Affected Public: Individuals; business instruments are clearly understood, and All students completing training or other for-profit organizations; Federal OSHA’s estimate of the information courses at the Institute and the government; State, Local, or Tribal burden is correct. Education Centers are requested to governments. Section 21 of the Occupational Safety complete the Course Evaluation Form Number of Respondents: 16,300. and Health Act of 1970 (the ‘‘OSHA (OSHA Form 49, 08–98 edition) on the Frequency: On occasion. Act’’) (see 29 U.S.C. 670) authorizes the last day of class. Students may be Total Responses: 16,300. Occupational Safety and Health Federal, state, private sector, local or Average Time per Response: 10 Administration (‘‘OSHA’’ or the tribal government employees. The minutes. ‘‘Agency’’ to conduct training and Course Evaluation Form contains ten Estimated Total Burden Hours: 2,716 employee education. Paragraphs (a), (b), close-ended questions. The form hours. and (c) of Section 21 require, requests participant feedback on ten respectively, that the Agency: elements to assess communication and IV. Authority and Signature ‘‘(C)onduct, directly or by grants or accomplishment of learning objectives, R. Davis Layne, Acting Assistant contracts,(1) education programs to course content, training environment, Secretary of Labor for Occupational
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Safety and Health, directed the Further information with reference to this Institute; and (c) receives reports from preparation of this notice. The authority meeting can be obtained from Ms. Kathy the Interagency Group and Director of for this notice is the Paperwork Plowitz-Worden, Office of Guidelines & the Institute. In addition, the Institute Reduction Act of 1995 (44 U.S.C. 3506) Panel Operations, National Endowment for consults with the Advisory Board on the the Arts, Washington, DC 20506, or call 202/ and the Secretary of Labor’s Order No. 682–5691. award of fellowships. The National 3–2000 (65 FR 50017). Institute for Literacy Advisory Board Dated: May 17, 2001. Dated: Signed at Washington, DC on May meeting on June 7, 2001, will focus on 18, 2001. Kathy Plowitz-Worden, future and current NIFL programs R. Davis Layne, Panel Coordinator, Panel Operations, activities, and other relevant literacy National Endowment for the Arts. Acting Assistant Secretary of Labor. activities and issues. Records are kept of [FR Doc. 01–12911 Filed 5–22–01; 8:45 am] [FR Doc. 01–13043 Filed 5–22–01; 8:45 am] all Advisory Board proceedings and are BILLING CODE 7537–01–M available for public inspection at the BILLING CODE 4510–26–M National Institute for Literacy, 1775 I Street, NW., Suite 730, Washington, DC NATIONAL INSTITUTE FOR LITERACY 20006, from 8:30 am to 5 pm. NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES Notice of Meeting Dated: May 14, 2001. Carolyn Y. Staley, National Endowment for the Arts AGENCY: National Institute for Literacy Acting Executive Director. Combined Arts Advisory Panel (NIFL). [FR Doc. 01–12994 Filed 5–22–01; 8:45 am] SUMMARY Pursuant to section 10(a)(2) of the : This notice sets forth the BILLING CODE 6055–01–M Federal Advisory Committee Act (Public schedule and proposed agenda of a Law 92–463), as amended, notice is forthcoming meeting of the National hereby given that two meetings of the Institute for Literacy Board (Advisory NUCLEAR REGULATORY Leadership Initiatives Advisory Panel to Board). This notice also describes the COMMISSION the National Council on the Arts will be function of the Advisory Board. Notice held at the Nancy Hanks Center, 1100 of this meeting is required under Advisory Committee on Reactor Pennsylvania Avenue, NW., Section 10(a)(2) of the Federal Advisory Safeguards; Meeting Notice Washington, DC 2506 as follows: Committee Act. This document is intended to notify the general public of In accordance with the purposes of Visual Arts (Creativity and Organizational their opportunity to attend the meeting. sections 29 and 182b. of the Atomic Capacity categories): June 19–21, 2001, Room DATE AND TIME: June 7, 2001 from 10:00 Energy Act (42 U.S.C. 2039, 2232b), the 716. A portion of this meeting, from 1:30 a.m. Advisory Committee on Reactor to 2:30 p.m. on June 21st, will be open to the am to 5:00 pm. Safeguards will hold a meeting on June public for policy discussion. The remaining ADDRESSES: National Institute for 6–8, 2001, in Conference Room T–2B3, portions of this meeting, from 9 a.m. to 5:30 Literacy, 1775 I Street, NW., Suite 730, 11545 Rockville Pike, Rockville, p.m. on June 19th and 20th, and from 9 a.m. Washington, DC 20006. to 11 a.m. and 12 p.m. to 5 p.m. on June 21st, Maryland. The date of this meeting was will be closed. FOR FURTHER INFORMATION CONTACT: previously published in the Federal Opera (Creativity and Organizational Shelly Coles, Executive Assistant, Register on Friday, November 17, 2000 Capacity categories): June 26–27, 2001, Room National Institute for Literacy, 1775 I (65 FR 69578). 714. A portion of this meeting, from 1 p.m. Street, NW., Suite 730, Washington, DC to 2 p.m. on June 27th, will be open to the 20006. Telephone number (202) 233– Wednesday, June 6, 2001 public for policy discussion. The remaining 2027, email [email protected]. portions of this meeting, from 10 a.m. to 6:15 8:30 a.m.–8:35 a.m.: Opening p.m. on June 26th, and from 9 a.m. to 1 p.m. SUPPLEMENTARY INFORMATION: The Remarks by the ACRS Chairman and 2 p.m. to 4:30 p.m. on June 27th, will Advisory Board is established under the (Open)—The ACRS Chairman will make be closed. Workforce Investment Act of 1998, Title opening remarks regarding the conduct The closed portions of these meetings are II of Public Law 105–220, Sec. 242, the of the meeting. for the purposes of Panel review, discussion, National Institute for Literacy. The 8:35 a.m.–11:20 a.m.: Proposed Risk- evaluation, and recommendation on Advisory Board consists of ten applications for financial assistance under Informed Revisions to 10 CFR 50.46 and the National Foundation on the Arts and the individuals appointed by the President Proposed Revisions to the Framework Humanities Act of 1965, as amended, with the advice and consent of the for Risk-Informing the Technical including information given in confidence to Senate. The Advisory Board is Requirements of 10 CFR Part 50 the agency by grant applicants. In accordance established to advise and make (Open)—The Committee will hear with the determination of the Chairman of recommendations to the Interagency presentations by and hold discussions May 12, 2000, these sessions will be closed Group, composed of the Secretaries of with representatives of the NRC staff to the public pursuant to (c)(4)(6) and (9)(B) Education, Labor, and Health and regarding proposed risk-informed of section 552b of Title 5, United States Code. Human Services, which administers the Any person may observe meetings, or revisions to 10 CFR 50.46, ‘‘Acceptance portions thereof, of advisory panels that are National Institute for Literacy (Institute). Criteria for Emergency Core Cooling open to the public, and, if time allows, may The Interagency Group considers the Systems for Light-Water Nuclear Power be permitted to participate in the panel’s Advisory Board’s recommendations in Reactors,’’ and proposed revisions to the discussions at the discretion of the panel planning the goals of the Institute and framework for risk-informing the chairman and with the approval of the full- in the implementation of any programs technical requirements of 10 CFR Part time Federal employee in attendance. to achieve the goals of the Institute. 50. If you need special accommodations due to Specifically, the Advisory Board 11:20 a.m.–12:15 p.m.: Potential a disability, please contact the Office of performs the following function (a) Margin Reductions Associated with AccessAbility, National Endowment for the Arts, 1100 Pennsylvania Avenue, NW., Makes recommendations concerning the Power Uprates (Open)—The Committee Washington, DC 20506, 202/682–5532, appointment of the Director and the will hear a presentation by and hold TDDY–TDD 202/682–5496, at least seven (7) staff of the Institute; (b) provides discussions with ACRS Senior Fellow, days prior to the meeting. independent advice on operation of the Dr. A. W. Cronenberg, regarding his
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views on the adequacy of the staff’s full Committee during future meetings. to allow necessary time during the review process for power uprates and Also, it will hear a report of the meeting for such statements. Use of still, potential safety margin reductions Planning and Procedures Subcommittee motion picture, and television cameras associated with power uprates. on matters related to the conduct of during the meeting may be limited to 1:15 p.m.–3:15 p.m.: Draft Final ACRS business, and organizational and selected portions of the meeting as Safety Evaluation Report for the South personnel matters relating to the ACRS. determined by the Chairman. Texas Project Nuclear Operating 11:45 a.m.–12:00 Noon: Information regarding the time to be set Company (STPNOC) Request to Exclude Reconciliation of ACRS Comments and aside for this purpose may be obtained Certain Components from the Scope of Recommendations (Open)—The by contacting Mr. James E. Lyons prior Special Treatment Requirements Committee will discuss the responses to the meeting. In view of the possibility Required by Regulations (Open)—The from the NRC Executive Director for that the schedule for ACRS meetings Committee will hear presentations by Operations (EDO) to comments and may be adjusted by the Chairman as and hold discussions with recommendations included in recent necessary to facilitate the conduct of the representatives of the NRC staff ACRS reports and letters. The EDO meeting, persons planning to attend regarding the draft final Safety responses are expected to be made should check with Mr. James E. Lyons Evaluation Report on the STPNOC available to the Committee prior to the if such rescheduling would result in exemption request. meeting. major inconvenience. 3:35 p.m.–4:30 p.m.: Discussion of 1:00 p.m.–1:30 p.m.: Arrangements for Further information regarding topics General Design Criteria (Open)—The the Visit to the Waterford Plant and to be discussed, whether the meeting Committee will hear a presentation by Region IV Office (Open)—The has been canceled or rescheduled, the and hold discussions with Mr. J. N. Committee will discuss arrangements Chairman’s ruling on requests for the Sorensen, ACRS Senior Fellow, and logistics for the June 27–28, 2001, opportunity to present oral statements, regarding his views on risk-informing visit to the Waterford Plant and NRC and the time allotted therefor can be General Design Criteria included in Region IV Office. obtained by contacting Mr. James E. Appendix A to 10 CFR Part 50. 1:30 p.m.–7:00 p.m.: Discussion of Lyons (telephone 301–415–7371), 4:50 p.m.–7:00 p.m.: Discussion of Proposed ACRS Reports (Open)—The between 7:30 a.m. and 4:15 p.m., EDT. Proposed ACRS Reports (Open)—The Committee will discuss proposed ACRS ACRS meeting agenda, meeting Committee will discuss proposed ACRS reports. transcripts, and letter reports are reports on matters considered during available for downloading or viewing on this meeting, as well as proposed ACRS Friday, June 8, 2001 the internet at http://www.nrc.gov/ reports on: Risk-Based Performance 8:30 a.m.–8:35 a.m.: Opening ACRSACNW. Indicators; Response to the EDO’s letter Remarks by the ACRS Chairman (Open). of April 12, 2001 on Topics Raised by 8:35 a.m.–9:00 a.m.: Proposed ACRS Videoteleconferencing service is the ACRS Pertaining to Issues Reports (Open)—The Committee will available for observing open sessions of Associated with Industry Use of continue its discussion of proposed ACRS meetings. Those wishing to use Thermal-Hydraulic Codes; and ACRS reports. this service for observing ACRS Response to NRC Chairman Meserve’s 9:00 a.m.–10:00 a.m.: Meeting with meetings should contact Mr. Theron May 7, 2001 Memorandum Regarding Commissioner Dicus (Open)—The Brown, ACRS Audio Visual Technician Differing Professional Opinion on Steam Committee will meet with NRC (301–415–8066), between 7:30 a.m. and Generator Tube Issues. Commissioner Dicus to discuss items of 3:45 p.m., EDT, at least 10 days before mutual interest. the meeting to ensure the availability of Thursday, June 7, 2001 10:15 a.m.–2:30 p.m.: Proposed ACRS this service. Individuals or 8:30 a.m.–8:35 a.m.: Opening Reports (Open)—The Committee will organizations requesting this service Remarks by the ACRS Chairman continue its discussion of proposed will be responsible for telephone line (Open)—The ACRS Chairman will make ACRS reports. charges and for providing the opening remarks regarding the conduct 2:30 p.m.–3:00 p.m.: Miscellaneous equipment facilities that they use to of the meeting. (Open)—The Committee will discuss establish the videoteleconferencing link. 8:35 a.m.–9:45 a.m.: Need to Revise 10 matters related to the conduct of The availability of CFR Part 54, ‘‘Requirements for Renewal Committee activities and matters and videoteleconferencing services is not of Operating Licenses for Nuclear Power specific issues that were not completed guaranteed. Plants’’ (Open)—The Committee will during previous meetings, as time and Dated: May 17, 2001. discuss the need for revising 10 CFR availability of information permit. Andrew L. Bates, Procedures for the conduct of and Part 54. Advisory Committee Management Officer. 10:00 a.m.–11:00 a.m.: Regulatory participation in ACRS meetings were Challenges for Advanced Power published in the Federal Register on [FR Doc. 01–13016 Filed 5–22–01; 8:45 am] Reactors (Open)—The Committee will October 11, 2000 (65 FR 60476). In BILLING CODE 7590–01–P discuss follow-up matters resulting from accordance with these procedures, oral or written views may be presented by the June 4–5, 2001 Workshop of the NUCLEAR REGULATORY members of the public, including ACRS Subcommittee on Advanced COMMISSION Reactors and develop a course of action representatives of the nuclear industry. for dealing with these matters in the Electronic recordings will be permitted Advisory Committee on Reactor future. only during the open portions of the Safeguards, Subcommittee Meeting on 11:00 a.m.–11:45 a.m.: Future ACRS meeting and questions may be asked Planning and Procedures; Notice of Activities/Report of the Planning and only by members of the Committee, its Meeting Procedures Subcommittee (Open)—The consultants, and staff. Persons desiring Committee will discuss the to make oral statements should notify The ACRS Subcommittee on Planning recommendations of the Planning and Mr. James E. Lyons, ACRS, five days and Procedures will hold a meeting on Procedures Subcommittee regarding before the meeting, if possible, so that June 6, 2001, Room T–2B1, 11545 items proposed for consideration by the appropriate arrangements can be made Rockville Pike, Rockville, Maryland.
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The entire meeting will be open to NUCLEAR REGULATORY above named individual one or two public attendance, with the exception of COMMISSION working days prior to the meeting to be a portion that may be closed pursuant advised of any potential changes to the to 5 U.S.C. 552b(c) (2) and (6) to discuss Advisory Committee on Reactor agenda, etc., that may have occurred. Safeguards; Meeting of the ACRS organizational and personnel matters Dated: May 17, 2001. Subcommittee on Reliability and that relate solely to internal personnel James E. Lyons, rules and practices of ACRS, and Probabilistic Risk Assessment; Notice of Meeting Associate Director for Technical Support, information the release of which would ACRS/ACNW. constitute a clearly unwarranted The ACRS Subcommittee on [FR Doc. 01–13018 Filed 5–22–01; 8:45 am] invasion of personal privacy. Reliability and Probabilistic Risk BILLING CODE 7590–01–P The agenda for the subject meeting Assessment will hold a meeting on June shall be as follows: 22, 2001, Room T–2B3, 11545 Rockville Pike, Rockville, Maryland. POSTAL SERVICE Wednesday, June 6, 2001—12:15 p.m. The entire meeting will be open to Until 1:00 p.m. public attendance. Changes in Domestic Rates and Fees The agenda for the subject meeting on Modification The Subcommittee will discuss shall be as follows: proposed ACRS activities and related Friday, June 22, 2001—8:30 a.m. until AGENCY: Postal Service. matters. The purpose of this meeting is 12 p.m. ACTION: Notice of implementation of to gather information, analyze relevant The Subcommittee will review the changes to domestic rates and fees. issues and facts, and to formulate staff’s draft Individual Plant SUMMARY: This notice sets forth the proposed positions and actions, as Examination of External Events (IPEEE) changes to domestic rates and fees to be appropriate, for deliberation by the full Insight Report (draft NUREG–1742). The implemented as a result of the Decision Committee. purpose of this meeting is to gather of the Governors of the United States information, analyze relevant issues and Oral statements may be presented by Postal Service on the Recommended facts, and to formulate proposed members of the public with the Decision on Further Reconsideration of positions and actions, as appropriate, concurrence of the Subcommittee the Postal Rate Commission on Postal for deliberation by the full Committee. Chairman; written statements will be Oral statements may be presented by Rate and Fee Changes, Docket No. accepted and made available to the members of the public with the R2000–1, dated May 7, 2001. Committee. Electronic recordings will concurrence of the Subcommittee EFFECTIVE DATE: July 1, 2001. be permitted only during those portions Chairman; written statements will be FOR FURTHER INFORMATION CONTACT: of the meeting that are open to the accepted and made available to the Daniel J. Foucheaux, Jr., (202) 268–2989. public, and questions may be asked only Committee. Electronic recordings will SUPPLEMENTARY INFORMATION: On by members of the Subcommittee, its be permitted only during those portions January 12, 2000, pursuant to its consultants, and staff. Persons desiring of the meeting that are open to the authority under 39 U.S.C. 3621, et seq., to make oral statements should notify public, and questions may be asked only the Postal Service filed with the Postal the cognizant ACRS staff person named by members of the Subcommittee, its Rate Commission (PRC) a Request for a below five days prior to the meeting, if consultants, and staff. Persons desiring Recommended Decision on Proposed possible, so that appropriate to make oral statements should notify Changes in Rates of Postage and Fees for arrangements can be made. the cognizant ACRS staff engineer Postal Services (Request). The PRC Further information regarding topics named below five days prior to the designated the filing as Docket No. to be discussed, the scheduling of meeting, if possible, so that appropriate R2000–1. On November 13, 2000, sessions open to the public, whether the arrangements can be made. pursuant to its authority under 39 meeting has been canceled or During the initial portion of the U.S.C. 3624, the PRC issued its meeting, the Subcommittee, along with Recommended Decision on the Postal rescheduled, the Chairman’s ruling on any of its consultants who may be Service’s Request to the Governors of requests for the opportunity to present present, may exchange preliminary the Postal Service. oral statements, and the time allotted views regarding matters to be Pursuant to 39 U.S.C. 3625, the therefor can be obtained by contacting considered during the balance of the Governors of the United States Postal the cognizant ACRS staff person, Dr. meeting. Service acted on the PRC’s John T. Larkins (telephone: 301/415– The Subcommittee will then hear recommendations on December 4, 2000. 7360) between 7:30 a.m. and 4:15 p.m. presentations by and hold discussions In one decision, the Governors rejected (EDT). Persons planning to attend this with representatives of the NRC staff, the PRC’s recommendations regarding meeting are urged to contact the above and other interested persons regarding Courtesy Envelope Mail, Information- named individual one or two working this review. Based Inidicia Program Mail, a flat-rate days prior to the meeting to be advised Further information regarding topics envelope for Priority Mail, and of any changes in schedule, etc., that to be discussed, whether the meeting maximum weight figures for Standard may have occurred. has been canceled or rescheduled, and Mail letters and breakpoint figures for Dated: May 15, 2001. the Chairman’s ruling on requests for Standard Mail. Decision of the the opportunity to present oral Governors of the United States Postal James E. Lyons, statements and the time allotted therefor Service on the Recommended Decision Associate Director for Technical Support can be obtained by contacting the of the Postal Rate Commission on ACRS/ACNW. cognizant ACRS staff engineer, Mr. Selected Mail Classification Matters, [FR Doc. 01–13017 Filed 5–22–01; 8:45 am] Michael T. Markley (telephone 301/ Docket No. R2000–1. In the second BILLING CODE 7590–01–P 415–6885) between 7:30 a.m. and 4:15 decision, the Governors acted on the p.m. (EDT). Persons planning to attend remainder of the PRC’s this meeting are urged to contact the recommendations. Decision of the
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Governors of the United States Postal In a decision dated March 5, 2001, the Attachment A to the Governors’ Service on the Recommended Decision Governors rejected the Commission’s Decision on Further Reconsideration, of the Postal Rate Commission on Postal Further Recommended Decision, and setting forth the fee and rate changes Rate and Fee Changes, Docket No. resumbitted the Request, pursuant to 39 ordered into effect by the Governors, is R2000–1. The Governors allowed under U.S.C.3625(d). Decision of the set forth below. The rates and fees protest all of the remaining Governors of the Unitd States Postal shown below reflect the revisions made classification, fee, and rate changes. The Service on the Further Recommended to Rate Schedules 122 (Express Mail Governors requested reconsideration of Decision of the Postal Rate Commission Custom Designed), 521.2C (Parcel Select a number of issues from the on Postal Rate and Fee Changes, Docket DMBC Rates), and 522A-D (Bound Commission, including revenue No. R2000–1. On April 10, 2001, the Printed Matter) in errata issued on May requirement, First-Class Mail costs, Commission issued an Opinion and 15, 2001. In accordance with the Bound Printed Matter rates, and Recommended Decision on Further Decision of the Governors and nonprofit Standard Mail rates. The Resolution No. 01–8 of the Board of Commission thereafter issued a notice Reconsideration, wherein it declined to reconsider its rate recommendations. On Governors, the Postal Service hereby soliciting comments on matters allowed gives notice that the rate and fee under protest in the Governors’ May 7, 2001, the Governors exercised their authority to modify the rates changes set forth below will become decision. effective at 12:01 a.m. on July 1, 2001. In the Commission’s Further recommended by the Commission. Recommended Decision, issued on Decision of the Governors of the United Attachment A To The Decision Of The February 9, 2001, the Commission States Postal Service on the Governors Of The United States Postal recommended changes to rates for Recommended Decision on Further Service On The Recommended Decision Bound Printed Matter and Certified Reconsideration of the Postal Rate On Further Reconsideration Of The Mail, but declined to make further Commission on Postal Rate and Fee Postal Rate Commission On Postal Rate adjustments in the revenue requirement. Changes, Docket No. R2000–1. And Fee Changes, Docket No. R2000–1
MODIFIED RATE AND FEE SCHEDULES [Express Mail Schedules 121, 122 and 123]
Schedule 123 Schedule 122 Schedule 123 Next Day and Weight not exceeding (pounds) Schedule 121 Same Day Airport Service Custom De- Next Day and Second Day signed Second Day PO to Ad- PO to PO dressee
1⁄2 ...... $9.40 $9.55 $12.45 1 ...... 13.95 14.10 16.25 2 ...... 13.95 14.10 16.25 3 ...... 16.90 17.05 19.15 4 ...... 19.75 19.90 22.05 5 ...... 22.60 22.75 24.85 6 ...... 25.45 25.60 27.70 7 ...... 28.15 28.30 30.45 8 ...... 29.40 29.55 31.65 9 ...... 30.65 30.80 32.95 10 ...... 31.85 32.00 34.15 11 ...... 33.40 33.55 35.70 12 ...... 35.85 36.00 38.10 13 ...... 37.10 37.25 39.85 14 ...... 38.50 38.65 40.80 15 ...... 39.75 39.90 42.00 16 ...... 41.10 41.25 43.40 17 ...... 42.50 42.65 44.75 18 ...... 43.75 43.90 46.05 19 ...... 45.05 45.20 47.35 20 ...... 46.45 46.60 48.70 21 ...... 47.70 47.90 50.00 22 ...... 49.00 49.20 51.30 23 ...... 50.40 50.60 52.70 24 ...... 51.65 51.80 53.95 25 ...... 53.00 53.20 55.25 26 ...... 54.30 54.45 56.60 27 ...... 55.65 55.85 57.90 28 ...... 56.95 57.10 59.25 29 ...... 58.30 58.45 60.55 30 ...... 59.65 59.80 61.90 31 ...... 60.95 61.10 63.20 32 ...... 62.25 62.40 64.55 33 ...... 63.60 63.75 65.80 34 ...... 64.90 65.05 67.20 35 ...... 66.25 66.40 68.45 36 ...... 67.55 67.70 69.85 37 ...... 68.80 68.95 71.35 38 ...... 70.40 70.35 73.00 39 ...... 72.00 71.65 74.60
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MODIFIED RATE AND FEE SCHEDULES—Continued [Express Mail Schedules 121, 122 and 123]
Schedule 123 Schedule 122 Schedule 123 Next Day and Weight not exceeding (pounds) Schedule 121 Same Day Airport Service Custom De- Next Day and Second Day signed Second Day PO to Ad- PO to PO dressee
40 ...... 73.65 73.10 76.25 41 ...... 75.25 74.70 77.85 42 ...... 76.90 76.35 79.55 43 ...... 78.50 77.95 81.10 44 ...... 80.15 79.60 82.70 45 ...... 81.75 81.20 84.15 46 ...... 83.10 82.75 85.40 47 ...... 84.50 84.45 86.90 48 ...... 85.85 86.00 88.20 49 ...... 87.20 87.35 89.50 50 ...... 88.50 88.65 90.85 51 ...... 89.95 90.15 92.30 52 ...... 91.25 91.40 93.60 53 ...... 92.65 92.80 95.00 54 ...... 94.00 94.15 96.30 55 ...... 95.30 95.50 97.70 56 ...... 96.80 96.95 99.10 57 ...... 98.05 98.20 100.40 58 ...... 99.40 99.55 101.80 59 ...... 100.95 101.10 103.30 60 ...... 102.50 102.65 104.85 61 ...... 104.25 104.40 106.60 62 ...... 105.80 105.95 108.20 63 ...... 107.45 107.60 109.75 64 ...... 109.10 109.30 111.50 65 ...... 110.75 110.90 113.05 66 ...... 112.45 112.60 114.80 67 ...... 114.05 114.20 116.35 68 ...... 115.75 115.90 118.10 69 ...... 117.35 117.50 119.65 70 ...... 118.95 119.10 121.30 Schedules 121, 122 and 123 Notes: 1. The applicable 2-pound rate is charged for matter sent in a ‘flat rate’ envelope provided by the Postal Service. 2. Add $10.25 for each pickup stop. 3. Add $10.25 for each Custom Designed delivery stop.
FIRST-CLASS MAIL RATE SCHEDULE 1 A mailing fee of $125.00 must be paid 8 Rates apply to bulk-entered mailings of at once each year at each office of mailing by least 500 flat-size pieces, each of which must 221 any person who mails other than Single Piece be delivery point barcoded or bear a ZIP+4 [Letters and Sealed Parcels] First-Class Mail. Payment of the fee allows the barcode, and must meet other preparation re- mailer to mail at any First-Class rate. For quirements specified by the Postal Service, presorted mailings weighing more than 2 and, for the Basic Presort rate, to documents Rate ounces, subtract 4.6 cents per piece. provided for entry as mail using Mailing Online (cents) 2 Rate applies through 13 ounces. Heavier or a functionally equivalent service, pursuant pieces are subject to Priority Mail rates. to section 981. Regular 3 Rates apply to bulk-entered mailings of at 9 Rate applies to flat-size Automation- Single Piece: First Ounce ...... 34.0 least 500 letter-size pieces, which must be de- Presort category mail not mailed at the 3-Digit Presort 1 ...... 32.2 livery point barcoded and meet other prepara- or 5-Digit rate. 10 Qualified Business Reply Mail .... 31.0 tion requirements specified by the Postal Serv- Rate applies to flat-size Automation- Presort category mail presorted to single or Additional Ounce 2 ...... 23.0 ice and, for the Basic Presort rate, documents provided for entry as mail using Mailing Online multiple three-digit ZIP Code destinations Nonstandard Surcharge or a functionally equivalent service, pursuant specified by the Postal Service. Single Piece ...... 11.0 to section 981. 11 Rate applies to flat-size Automation- Presort ...... 5.0 4 Rate applies to letter-size Automation- Presort category mail presorted to single or Automation-Presort 1 Presort category mail not mailed at 3-Digit, 5- multiple five-digit ZIP Code destinations speci- fied by the Postal Service. Letters 3 Digit, or Carrier Route rates. Basic Presort 4 ...... 28.0 5 Rate applies to letter-size Automation- 3-Digit Presort 5 ...... 26.9 Presort category mail presorted to single or FIRST-CLASS MAIL RATE SCHEDULE multiple three-digit ZIP Code destinations 6 222 5-Digit Presort ...... 25.5 specified by the Postal Service. Carrier Route Presort 7 ...... 24.5 6 Rate applies to letter-size Automation- [Cards] Flats 8 Presort category mail presorted to single or Basic Presort 9 ...... 31.2 multiple five-digit ZIP Code destinations speci- Rate 3-Digit Presort 10 ...... 29.7 fied by the Postal Service. (cents) 5-Digit Presort 11 ...... 27.7 7 Rate applies to letter-size Automation- Additional Ounce 2 ...... 23.0 Presort category mail presorted to carrier Regular routes specified by the Postal Service. Nonstandard Surcharge ...... 5.0 Single Piece ...... 21.0 Presort 1 ...... 19.0 Schedule 221 Notes Qualified Business Reply Mail .... 18.0
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FIRST-CLASS MAIL RATE SCHEDULE 1 A mailing fee of $125.00 must be paid 4 Rate applies to Automation-Presort cat- once each year at each office of mailing by egory mail presorted to single or multiple 222—Continued any person who mails other than Single Piece three-digit ZIP Code destinations as specified [Cards] First-Class Mail. Payment of the fee allows the by the Postal Service. mailer to mail at any First-Class rate. 5 Rate applies to Automation-Presort cat- 2 Rate Rates apply to bulk-entered mailings of at egory mail presorted to single or multiple five- (cents) least 500 pieces, which must be barcoded and digit ZIP Code destinations as specified by the meet other preparation requirements specified Postal Service. by the Postal Service and, for the Basic 6 Automation-Presort 1, 2 Rate applies to Automation-Presort cat- 3 Presort rate, to documents provided for entry egory mail presorted to carrier routes specified Basic Presort ...... 17.4 as mail using Mailing Online or a functionally by the Postal Service. 3-Digit Presort 4 ...... 16.8 equivalent service, pursuant to section 981. 5-Digit Presort 5 ...... 16.1 3 Rate applies to Automation-Presort cat- Carrier Route Presort 6 ...... 15.0 egory mail not mailed at 3-Digit, 5-Digit, or Carrier Route rates. Schedule 222 Notes
FIRST-CLASS MAIL SCHEDULE 223 [Priority Mail Subclass]
Weight not exceeding (pounds) Zones Zone 4 Zone 5 Zone 6 Zone 7 Zone 8 L1, 2, 3
1 ...... $3.50 $3.50 $3.50 $3.50 $3.50 $3.50 2 ...... 3.95 3.95 3.95 3.95 3.95 3.95 3 ...... 5.20 5.20 5.20 5.20 5.20 5.20 4 ...... 6.45 6.45 6.45 6.45 6.45 6.45 5 ...... 7.70 7.70 7.70 7.70 7.70 7.70 6 ...... 8.10 8.30 8.35 8.50 9.55 10.40 7 ...... 8.40 8.90 9.00 9.30 10.60 11.85 8 ...... 8.50 9.50 9.65 10.10 11.65 13.30 9 ...... 8.65 10.10 10.30 10.90 12.70 14.75 10 ...... 8.75 10.65 10.95 11.80 13.75 16.20 11 ...... 9.00 11.25 11.60 12.80 14.80 17.65 12 ...... 9.25 11.85 12.25 13.75 15.85 19.10 13 ...... 9.65 12.45 12.90 14.75 16.90 20.55 14 ...... 10.05 13.05 13.55 15.70 17.95 22.00 15 ...... 10.45 13.65 14.20 16.65 19.00 23.45 16 ...... 10.85 14.25 14.85 17.60 20.05 24.90 17 ...... 11.25 14.85 15.50 18.60 21.10 26.35 18 ...... 11.65 15.45 16.30 19.55 22.15 27.80 19 ...... 12.05 16.05 17.05 20.50 23.20 29.25 20 ...... 12.45 16.65 17.85 21.40 24.25 30.70 21 ...... 12.85 17.25 18.60 22.40 25.30 32.15 22 ...... 13.25 17.85 19.35 23.35 26.35 33.60 23 ...... 13.65 18.45 20.15 24.30 27.40 35.05 24 ...... 14.05 19.05 20.95 25.25 28.45 36.50 25 ...... 14.45 19.65 21.75 26.25 29.50 37.95 26 ...... 14.85 20.25 22.45 27.20 30.55 39.40 27 ...... 15.25 20.85 23.25 28.15 31.60 40.85 28 ...... 15.65 21.45 24.05 29.10 32.65 42.30 29 ...... 16.05 22.05 24.85 30.05 33.70 43.75 30 ...... 16.45 22.65 25.60 31.05 34.75 45.20 31 ...... 16.85 23.25 26.35 31.95 35.80 46.65 32 ...... 17.25 23.85 27.15 32.90 36.85 48.10 33 ...... 17.65 24.45 27.95 33.85 37.90 49.55 34 ...... 18.05 25.05 28.70 34.80 38.95 51.00 35 ...... 18.45 25.65 29.50 35.80 40.00 52.45 36 ...... 18.85 26.25 30.25 36.75 41.05 53.90 37 ...... 19.25 26.95 31.05 37.70 42.10 55.35 38 ...... 19.65 27.55 31.80 38.70 43.15 56.80 39 ...... 20.05 28.25 32.60 39.65 44.20 58.25 40 ...... 20.45 28.95 33.40 40.60 45.25 59.70 41 ...... 20.85 29.55 34.15 41.55 46.30 61.15 42 ...... 21.25 30.25 34.90 42.45 47.40 62.60 43 ...... 21.65 30.90 35.70 43.45 48.45 64.05 44 ...... 22.05 31.55 36.50 44.40 49.55 65.50 45 ...... 22.45 32.25 37.25 45.35 50.60 66.95 46 ...... 22.85 32.90 38.00 46.30 51.65 68.40 47 ...... 23.25 33.55 38.80 47.30 52.75 69.85 48 ...... 23.65 34.25 39.60 48.25 53.80 71.30 49 ...... 24.05 34.90 40.35 49.20 54.90 72.75 50 ...... 24.45 35.55 41.15 50.15 55.95 74.20 51 ...... 24.85 36.25 41.90 51.10 57.00 75.65 52 ...... 25.25 36.90 42.70 52.10 58.05 77.10 53 ...... 25.65 37.55 43.45 53.05 59.10 78.55 54 ...... 26.05 38.20 44.25 53.95 60.15 80.00 55 ...... 26.45 38.90 45.05 54.90 61.20 81.45
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FIRST-CLASS MAIL SCHEDULE 223—Continued [Priority Mail Subclass]
Weight not exceeding (pounds) Zones Zone 4 Zone 5 Zone 6 Zone 7 Zone 8 L1, 2, 3
56 ...... 26.85 39.55 45.80 55.90 62.25 82.90 57 ...... 27.25 40.20 46.55 56.85 63.30 84.35 58 ...... 27.65 40.90 47.35 57.80 64.35 85.80 59 ...... 28.05 41.55 48.15 58.75 65.40 87.25 60 ...... 28.45 42.20 48.95 59.75 66.45 88.70 61 ...... 28.85 42.90 49.65 60.70 67.50 90.15 62 ...... 29.25 43.50 50.45 61.65 68.55 91.60 63 ...... 29.65 44.20 51.25 62.60 69.60 93.05 64 ...... 30.05 44.90 52.05 63.60 70.65 94.50 65 ...... 30.45 45.50 52.75 64.50 71.70 95.95 66 ...... 30.85 46.20 53.55 65.45 72.75 97.40 67 ...... 31.25 46.90 54.35 66.40 73.80 98.85 68 ...... 31.65 47.50 55.15 67.35 74.85 100.30 69 ...... 32.05 48.20 55.90 68.35 75.90 101.75 70 ...... 32.45 48.90 56.65 69.30 76.95 103.20 Schedule 223 Notes 1 The 2-pound rate is charged for matter sent in a ‘‘flat rate’’ envelope provided by the Postal Service. 2 Add $10.25 for each pickup stop. 3 EXCEPTION: Parcels weighing less than 15 pounds, measuring over 84 inches in length and girth combined, are chargeable with a minimum rate equal to that for a 15-pound parcel for the zone to which addressed.
STANDARD MAIL RATE SCHEDULE STANDARD MAIL RATE SCHEDULE 6 For flat-size automation mail meeting appli- cable Postal Service regulations. 321A 321B 7 Mailer pays either the minimum piece rate [Regular Subclass Presort Categories1] [Regular Subclass Automation Categories1] or the pound rate, whichever is higher. 8 Rate applies to flat-size automation mail not mailed at 3⁄5-digit rate. Rate Rate 9 (cents) (cents) Rate applies to flat-size automation mail presorted to single or multiple three-and five- Letter Size 2 digit ZIP Code destinations as specified by the Letter Size Postal Service. Piece Rate Piece Rate Basic Letter 3 ...... 20.0 Basic ...... 25.3 3-Digit Letter 4 ...... 19.0 STANDARD MAIL RATE SCHEDULE 322 3⁄5-Digit ...... 23.3 5-Digit Letter 5 ...... 17.7 [Enhanced Carrier Route Subclass 1] Destination Entry Discount per Destination Entry Discount per Piece Piece Rate BMC ...... 1.9 BMC ...... 1.9 (cents) SCF ...... 2.4 SCF ...... 2.4 Non-Letter Size 2 Flat Size 6 Letter Size Piece Rate Piece Rate Piece Rate Minimum per Piece 3 Minimum per Piece 7 Basic ...... 17.8 8 Basic ...... 32.2 Basic Flat ...... 27.8 Basic Automated Letter 2 ...... 15.7 3⁄5-Digit Flat 9 ...... 23.9 3⁄5 Digit ...... 26.6 High Density ...... 15.3 Destination Entry Discount per Destination Entry Discount per Saturation ...... 14.5 Piece Piece Destination Entry Discount per BMC ...... 1.9 BMC ...... 1.9 Piece SCF ...... 2.4 BMC ...... 1.9 SCF ...... 2.4 7 Pound Rate 66.8 SCF ...... 2.4 Pound Rate 3 66.8 Plus per piece Rate DDU ...... 2.9 Plus per Piece Rate Basic Flat 8 ...... 14.0 Non-Letter Size 3 Basic ...... 18.4 3⁄5-Digit Flat 9 ...... 10.1 Piece Rate 3⁄5-Digit ...... 12.8 Destination Entry Discount per Minimum per Piece 4 Pound Destination Entry Discount per Basic ...... 17.8 Pound BMC ...... 9.3 SCF ...... 11.4 High Density ...... 15.6 BMC ...... 9.3 Saturation ...... 14.9 SCF ...... 11.4 Schedule 321B Notes Destination Entry Discount per 1 A fee of $125.00 must be paid once each Piece Schedule 321A Notes 12-month period for each bulk mailing permit. BMC ...... 1.9 1 A fee of $125.00 must be paid each 12- 2 For letter-size automation pieces meeting SCF ...... 2.4 month period for each bulk mailing permit. applicable Postal Service regulations. 2 Residual shape pieces are subject to a 3 Rate applies to letter-size automation mail DDU ...... 2.9 surcharge of $0.18 per piece. For parcel not mailed at 3-digit, 5-digit or carrier route Pound Rate 4 ...... 63.8 barcode discount, deduct $0.03 per piece. rates. Plus per Piece Rate 3 Mailer pays either the minimum piece rate 4 Rate applies to letter-size automation mail Basic ...... 4.6 or the pound rate, whichever is higher. presorted to single or multiple three-digit ZIP High Density ...... 2.4 Code destinations as specified by the Postal Saturation ...... 1.7 Service. 5 Rate applies to letter-size automation mail Destination Entry Discount per presorted to single or multiple five-digit ZIP Pound Code destinations as specified by the Postal BMC ...... 9.3 Service. SCF ...... 11.4
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STANDARD MAIL RATE SCHEDULE STANDARD MAIL RATE SCHEDULE STANDARD MAIL RATE SCHEDULE 324 322—Continued 323B [Nonprofit Enhanced Carrier Route Subclass 1] [Enhanced Carrier Route Subclass 1] [Nonprofit Subclass Automation Categories 1] Rate Rate Rate (cents) (cents) (cents) Letter Size DDU ...... 14.0 Letter Size 2 Piece Rate
1 Piece Rate Basic ...... 11.8 A fee of $125.00 must be paid each 12- 3 2 month period for each bulk mailing permit. Basic Letter ...... 13.3 Basic Automated Letter ...... 10.5 2 Rate applies to letter-size automation mail 3-Digit Letter 4 ...... 12.3 High Density ...... 9.5 presorted to routes specified by the Postal 5-Digit Letter 5 ...... 10.8 Saturation ...... 8.9 Service. Destination Entry Discount per Destination Entry Discount per 3 Residual shape pieces are subject to a Piece Piece surcharge of $0.15 per piece. BMC ...... 1.9 4 Mailer pays either the minimum piece rate BMC ...... 1.9 or the pound rate, whichever is higher. SCF ...... 2.4 SCF ...... 2.4 Flat Size 6 DDU ...... 2.9 Piece Rate Non-Letter Size 3 STANDARD MAIL RATE SCHEDULE 7 Minimum per Piece Piece Rate 323A 8 Basic Flat ...... 17.9 Minimum per Piece 4 [Nonprofit Subclass Presort Categories 1] 3/5-Digit Flat 9 ...... 15.4 Basic ...... 11.8 Destination Entry Discount per High Density ...... 10.2 Rates Piece Saturation ...... 9.7 (cents) BMC ...... 1.9 SCF ...... 2.4 Destination Entry Discount per Piece Letter Size Pound Rate 7 ...... 55.0 Piece Rate Plus per Piece Rate BMC ...... 1.9 Basic ...... 15.8 Basic Flat 8 ...... 6.6 SCF ...... 2.4 3⁄5 Digit ...... 14.6 3/5-Digit Flat 9 ...... 4.1 DDU ...... 2.9 Destination Entry Discount per 4 Destination Entry Discount per Pound Rate 37.0 Piece Plus per Piece Rate BMC ...... 1.9 Pound Basic ...... 4.2 SCF ...... 2.4 BMC ...... 9.3 High Density ...... 2.6 Non-Letter Size 2 SCF ...... 11.4 Saturation ...... 2.1 Piece Rate 1 A fee of $125.00 must be paid once each 3 Destination Entry Discount per Minimum per Piece 12-month period for each bulk mailing permit. Basic ...... 22.0 2 For letter-size automation pieces meeting Pound 3⁄5 Digit ...... 17.1 applicable Postal Service regulations. BMC ...... 9.3 Destination Entry Discount per 3 Rate applies to letter-size automation mail SCF ...... 11.4 Piece not mailed at 3-digit, 5-digit or carrier route DDU ...... 14.0 BMC ...... 1.9 rates. 4 SCF ...... 2.4 Rate applies to letter-size automation mail 1 A fee of $125.00 must be paid each 12- Pound Rate 3 ...... 55.0 presorted to single or multiple three-digit ZIP month period for each bulk mailing permit. Code destinations as specified by the Postal 2 Plus per Piece Rate Rate applies to letter-size automation mail Service. presorted to routes specified by the Postal Basic ...... 10.7 5 Rate applies to letter-size automation mail Service. 3 ⁄5 Digit ...... 5.8 presorted to single or multiple five-digit ZIP 3 Residual shape pieces are subject to a Destination Entry Discount per Code destinations as specified by the Postal surcharge of $0.15 per piece. Pound Service. 4 Mailer pays either the minimum piece rate BMC ...... 9.3 6 For flat-size automation mail meeting appli- or the pound rate, whichever is higher. SCF ...... 11.4 cable Postal Service regulations. 7 Mailer pays either the minimum piece rate 1 A fee of $125.00 must be paid once each or the pound rate, whichever is higher. 12-month period for each bulk mailing permit. 8 Rate applies to flat-size automation mail 2 Residual shape pieces are subject to a not mailed at 3/5-digit rate. surcharge of $0.18 per piece. For parcel 9 Rate applies to flat-size automation mail barcode discount, deduct $0.03 per piece. presorted to single or multiple three- and five- 3 Mailer pays either the minimum piece rate digit ZIP Code destinations as specified by the or the pound rate, whichever is higher. Postal Service.
PERIODICALS RATE SCHEDULE 421 [Outside County Subclass 1212]
Rate 3 Postage rate unit (cents)
Per Pound Nonadvertising Portion ...... Pound ...... 17.9 Advertising Portion 11 Delivery Office 4 ...... Pound ...... 15.3 SCF 5 ...... Pound ...... 19.5 1&2 ...... Pound ...... 23.8 3 ...... Pound ...... 25.3 4 ...... Pound ...... 29.2 5 ...... Pound ...... 35.1 6 ...... Pound ...... 41.3
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PERIODICALS RATE SCHEDULE 421—Continued [Outside County Subclass 1212]
Rate 3 Postage rate unit (cents)
7 ...... Pound ...... 48.8 8 ...... Pound ...... 55.2 Science of Agriculture Delivery Office ...... Pound ...... 11.5 SCF ...... Pound ...... 14.6 Zones 1&2 ...... Pound ...... 17.9 Per Piece Less Nonadvertising Factor 6 ...... 6.7 Required Preparation 7 ...... Piece ...... 33.3 Presorted to 3-digit ...... Piece ...... 28.3 Presorted to 5-digit ...... Piece ...... 21.9 Presorted to Carrier Route ...... Piece ...... 13.9 Discounts: Prepared to Delivery Office 4 ...... Piece ...... 1.7 Prepared to SCF 5 ...... Piece ...... 0.8 High Density 8 ...... Piece ...... 2.6 Saturation 9 ...... Piece ...... 4.4 Automation Discounts for Automation Compatible Mail 10 From Required: Prebarcoded letter size ...... Piece ...... 6.7 Prebarcoded flats ...... Piece ...... 4.2 From 3-Digit: Prebarcoded letter size ...... Piece ...... 5.2 Prebarcoded flats ...... Piece ...... 3.5 From 5-Digit: Prebarcoded letter size ...... Piece ...... 4.1 Prebarcoded flats ...... Piece ...... 2.5 1 The rates in this schedule also apply to Nonprofit (DMCS Section 422.2) and Classroom rate categories. These categories receive a 5 per- cent discount on all components of postage except advertising pounds. Moreover, the 5 percent discount does not apply to commingled nonsub- scriber, nonrequestor, complimentary, and sample copies in excess of the 10 percent allowance under DMCS sections 412.34 and 413.42, or to Science of Agriculture mail. 2 Rates do not apply to otherwise Outside County mail that qualifies for the Within County rates in Schedule 423. 3 Charges are computed by adding the appropriate per-piece charge to the sum of the nonadvertising portion and the advertising portion, as applicable. 4 Applies to carrier route (including high density and saturation) mail delivered within the delivery area of the originating post office. 5 Applies to mail delivered within the SCF area of the originating SCF office. 6 For postage calculations, multiply the proportion of nonadvertising content by this factor and subtract from the applicable piece rate. 7 Mail not eligible for carrier-route, 5-digit or 3-digit rates. 8 Applicable to high density mail, deducted from carrier route presort rate. 9 Applicable to saturation mail, deducted from carrier route presort rate. 10 For automation compatible mail meeting applicable Postal Service regulations. 11 Not applicable to qualifying Nonprofit and Classroom publications containing 10 percent or less advertising content. 12 For a ‘‘Ride-Along’’ item enclosed with or attached to a periodical, add $0.10 per copy (experimental).
PERIODICALS RATE SCHEDULE 423% PERIODICALS RATE SCHEDULE 2 Applicable only to carrier presorted pieces to be delivered within the delivery area of the [Within County] 423%—Continued originating post office. [Within County] 3 Applicable to high density mail, deducted Rate from carrier route presort rate. Mailers also (cents) Rate may qualify for this discount on an alternative (cents) basis as provided in DMCS section 423.83. Per Pound 4 For automation compatible pieces meeting General ...... 14.6 Automation Discounts for Auto- applicable Postal Service regulations. 5 For a ‘‘Ride-Along’’ item enclosed with or 1 mation Compatible Mail 4 Delivery Officer ...... 11.5 attached to a periodical, add $0.10 per copy Per Piece From Required: 5.2 (experimental). Required Presort ...... 10.1 Prebarcoded Letter size. Prebarcoded Flat size ...... 2.7 Presorted to 3-digit ...... 9.3 From 3-digit: Presorted to 5-digit ...... 8.4 Prebarcoded Letter size ...... 4.6 Carrier Route Presort ...... 4.8 Prebarcoded Flat size ...... 2.4 Per Piece Discount From 5-digit: Delivery Office 2 ...... 0.5 Prebarcoded Letter size ...... 3.9 High Density (formerly 125 Prebarcoded Flat size ...... 2.1 piece) 3 ...... 1.5 1 Applicable only to carrier route (including Saturation ...... 2.1 high density and saturation) presorted pieces to be delivered within the delivery area of the originating post office.
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PACKAGE SERVICES RATE SCHEDULE 521.2A [Parcel Post SubClass Inter-BMC Rates]
Weight not exceeding (pounds) Zone 1&2 Zone 3 Zone 4 Zone 5 Zone 6 Zone 7 Zone 8
1 ...... $3.42 $3.45 $3.45 $3.45 $3.45 $3.45 $3.45 2 ...... 3.42 3.45 3.45 3.45 3.45 3.45 3.45 3 ...... 3.90 4.23 4.66 4.71 4.76 4.81 4.86 4 ...... 4.05 4.51 5.33 5.80 5.95 6.00 6.05 5 ...... 4.19 4.76 5.78 7.00 7.15 7.20 7.25 6 ...... 4.33 5.01 6.20 7.70 8.03 8.25 8.84 7 ...... 4.46 5.23 6.59 8.38 8.90 9.49 10.69 8 ...... 4.60 5.44 6.92 8.96 9.60 10.74 12.53 9 ...... 4.70 5.63 7.28 9.50 10.30 11.99 14.20 10 ...... 4.83 5.82 7.58 10.01 11.00 13.24 15.26 11 ...... 4.93 6.00 7.89 10.48 11.70 14.20 16.14 12 ...... 5.03 6.16 8.17 10.92 12.40 15.15 16.98 13 ...... 5.13 6.30 8.43 11.33 13.10 16.10 17.79 14 ...... 5.23 6.48 8.69 11.72 13.80 17.05 18.57 15 ...... 5.32 6.62 8.94 12.08 14.44 17.66 19.33 16 ...... 5.40 6.76 9.17 12.42 14.86 18.20 20.05 17 ...... 5.50 6.88 9.40 12.74 15.28 18.72 20.76 18 ...... 5.58 7.01 9.60 13.04 15.65 19.19 21.44 19 ...... 5.67 7.14 9.81 13.33 16.01 19.66 22.10 20 ...... 5.74 7.25 9.98 13.61 16.35 20.09 22.74 21 ...... 5.82 7.38 10.17 13.88 16.69 20.51 23.36 22 ...... 5.89 7.48 10.35 14.13 16.99 20.90 23.97 23 ...... 5.97 7.61 10.54 14.35 17.28 21.27 24.56 24 ...... 6.02 7.70 10.69 14.59 17.57 21.63 25.14 25 ...... 6.10 7.80 10.86 14.80 17.84 21.96 25.70 26 ...... 6.16 7.90 11.01 15.02 18.10 22.29 26.25 27 ...... 6.24 8.00 11.15 15.21 18.34 22.59 26.79 28 ...... 6.29 8.09 11.32 15.41 18.58 22.88 27.31 29 ...... 6.36 8.19 11.46 15.58 18.80 23.16 27.83 30 ...... 6.42 8.28 11.58 15.75 19.01 23.44 28.33 31 ...... 6.49 8.35 11.72 15.92 19.23 23.71 28.82 32 ...... 6.54 8.45 11.85 16.08 19.42 23.96 29.30 33 ...... 6.60 8.54 11.98 16.24 19.61 24.20 29.78 34 ...... 6.66 8.60 12.09 16.39 19.79 24.42 30.24 35 ...... 6.72 8.69 12.22 16.54 19.96 24.64 30.70 36 ...... 6.77 8.76 12.35 16.68 20.14 24.85 31.14 37 ...... 6.82 8.83 12.44 16.82 20.30 25.06 31.58 38 ...... 6.88 8.92 12.56 16.94 20.45 25.25 32.01 39 ...... 6.94 8.98 12.66 17.06 20.60 25.43 32.43 40 ...... 6.99 9.06 12.77 17.19 20.76 25.63 32.85 41 ...... 7.05 9.14 12.87 17.31 20.90 25.80 33.26 42 ...... 7.10 9.20 12.97 17.41 21.03 25.96 33.66 43 ...... 7.14 9.27 13.07 17.52 21.17 26.13 34.05 44 ...... 7.19 9.32 13.16 17.62 21.29 26.28 34.44 45 ...... 7.24 9.40 13.26 17.73 21.42 26.43 34.74 46 ...... 7.29 9.46 13.35 17.84 21.54 26.58 34.93 47 ...... 7.35 9.53 13.43 17.92 21.66 26.72 35.12 48 ...... 7.39 9.59 13.53 18.02 21.75 26.85 35.30 49 ...... 7.43 9.65 13.62 18.11 21.87 26.99 35.46 50 ...... 7.48 9.70 13.68 18.20 21.98 27.13 35.63 51 ...... 7.53 9.77 13.78 18.28 22.08 27.24 35.78 52 ...... 7.57 9.83 13.86 18.37 22.18 27.36 35.94 53 ...... 7.62 9.88 13.92 18.45 22.28 27.48 36.10 54 ...... 7.66 9.95 14.01 18.53 22.37 27.60 36.24 55 ...... 7.70 9.98 14.09 18.60 22.45 27.70 36.38 56 ...... 7.76 10.06 14.16 18.68 22.55 27.81 36.52 57 ...... 7.80 10.11 14.24 18.75 22.63 27.92 36.64 58 ...... 7.84 10.16 14.30 18.82 22.71 28.01 36.77 59 ...... 7.89 10.21 14.38 18.89 22.80 28.10 36.89 60 ...... 7.93 10.26 14.46 18.95 22.86 28.20 37.02 61 ...... 7.99 10.33 14.52 19.02 22.95 28.30 37.18 62 ...... 8.03 10.37 14.58 19.09 23.01 28.37 37.33 63 ...... 8.05 10.43 14.66 19.14 23.09 28.46 37.49 64 ...... 8.09 10.47 14.72 19.19 23.15 28.54 37.63 65 ...... 8.14 10.52 14.78 19.26 23.23 28.62 37.77 66 ...... 8.19 10.58 14.84 19.31 23.28 28.70 37.90 67 ...... 8.24 10.62 14.91 19.38 23.36 28.77 38.04 68 ...... 8.27 10.67 14.98 19.43 23.41 28.85 38.18 69 ...... 8.31 10.71 15.04 19.48 23.48 28.93 38.29 70 ...... 8.35 10.77 15.10 19.54 23.53 28.99 38.43
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PACKAGE SERVICES RATE SCHEDULE 521.2A—Continued [Parcel Post SubClass Inter-BMC Rates]
Weight not exceeding (pounds) Zone 1&2 Zone 3 Zone 4 Zone 5 Zone 6 Zone 7 Zone 8
Oversize parcels 5 ...... 34.75 38.94 45.10 54.87 66.41 82.14 106.31 1 For Origin Bulk Mail Center Discount, deduct $0.90 per piece. 2 For BMC Presort, deduct $0.23 per piece. 3 For barcode discount, deduct $0.03 per piece. 4 For nonmachinable Inter-BMC parcels, add $2.00 per piece. 5 See DMCS section 521.61 for oversize Parcel Post. 6 Parcel Post pieces exceeding 84 inches in length and girth combined and weighing less than 15 pounds are subject to a rate equal to that for a 15 pound parcel for the zone to which the parcel is addressed. 7 For each pickup stop, add $10.25.
PACKAGE SERVICES RATE SCHEDULE 521.2B [Parcel Post Subclass Intra-BMC Rates]
Weight not exceeding (pounds) Local Zone 1&2 Zone 3 Zone 4 Zone 5
1 ...... $2.74 $3.04 $3.04 $3.04 $3.04 2 ...... 2.74 3.04 3.04 3.04 3.04 3 ...... 2.98 3.44 3.47 3.47 3.47 4 ...... 3.20 3.60 3.86 3.86 3.93 5 ...... 3.40 3.74 4.18 4.21 4.40 6 ...... 3.56 3.88 4.48 4.50 4.83 7 ...... 3.63 4.00 4.74 4.77 5.23 8 ...... 3.72 4.14 4.98 5.02 5.61 9 ...... 3.80 4.24 5.18 5.27 5.96 10 ...... 3.88 4.37 5.44 5.51 6.29 11 ...... 3.95 4.47 5.62 5.72 6.59 12 ...... 4.03 4.59 5.78 5.93 6.90 13 ...... 4.10 4.69 5.92 6.13 7.16 14 ...... 4.17 4.78 6.02 6.33 7.43 15 ...... 4.23 4.87 6.16 6.50 7.68 16 ...... 4.31 4.95 6.30 6.67 7.91 17 ...... 4.36 5.05 6.43 6.85 8.13 18 ...... 4.42 5.12 6.56 7.00 8.36 19 ...... 4.47 5.22 6.68 7.15 8.56 20 ...... 4.55 5.29 6.80 7.28 8.75 21 ...... 4.59 5.36 6.92 7.40 8.94 22 ...... 4.64 5.45 7.02 7.52 9.12 23 ...... 4.70 5.51 7.15 7.63 9.30 24 ...... 4.75 5.58 7.25 7.73 9.46 25 ...... 4.81 5.64 7.35 7.83 9.62 26 ...... 4.85 5.72 7.44 7.93 9.78 27 ...... 4.90 5.78 7.55 8.02 9.92 28 ...... 4.95 5.84 7.65 8.10 10.06 29 ...... 5.01 5.91 7.75 8.19 10.20 30 ...... 5.07 5.97 7.83 8.27 10.35 31 ...... 5.11 6.03 7.90 8.34 10.47 32 ...... 5.15 6.10 8.00 8.42 10.59 33 ...... 5.21 6.15 8.08 8.49 10.73 34 ...... 5.25 6.21 8.15 8.55 10.83 35 ...... 5.29 6.26 8.24 8.62 10.94 36 ...... 5.33 6.31 8.31 8.68 11.07 37 ...... 5.37 6.38 8.38 8.74 11.17 38 ...... 5.41 6.43 8.46 8.80 11.28 39 ...... 5.47 6.49 8.54 8.85 11.37 40 ...... 5.51 6.53 8.60 8.90 11.48 41 ...... 5.56 6.60 8.69 8.95 11.57 42 ...... 5.60 6.64 8.75 9.00 11.66 43 ...... 5.64 6.68 8.82 9.05 11.76 44 ...... 5.70 6.74 8.88 9.10 11.84 45 ...... 5.73 6.78 8.94 9.23 11.93 46 ...... 5.77 6.85 9.02 9.27 12.01 47 ...... 5.82 6.90 9.07 9.31 12.09 48 ...... 5.86 6.94 9.14 9.35 12.19 49 ...... 5.89 6.99 9.20 9.39 12.26 50 ...... 5.93 7.02 9.26 9.42 12.34 51 ...... 5.98 7.09 9.31 9.46 12.41 52 ...... 6.01 7.13 9.39 9.49 12.48 53 ...... 6.05 7.16 9.43 9.52 12.55
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PACKAGE SERVICES RATE SCHEDULE 521.2B—Continued [Parcel Post Subclass Intra-BMC Rates]
Weight not exceeding (pounds) Local Zone 1&2 Zone 3 Zone 4 Zone 5
54 ...... 6.10 7.20 9.47 9.56 12.63 55 ...... 6.14 7.25 9.50 9.60 12.69 56 ...... 6.17 7.30 9.53 9.63 12.75 57 ...... 6.21 7.35 9.55 9.65 12.83 58 ...... 6.25 7.39 9.58 9.68 12.89 59 ...... 6.29 7.43 9.61 9.71 12.95 60 ...... 6.31 7.48 9.63 9.73 13.02 61 ...... 6.38 7.53 9.66 9.76 13.08 62 ...... 6.40 7.57 9.68 9.81 13.13 63 ...... 6.44 7.61 9.70 9.87 13.19 64 ...... 6.48 7.65 9.72 9.91 13.25 65 ...... 6.52 7.69 9.75 9.96 13.30 66 ...... 6.54 7.75 9.77 10.02 13.37 67 ...... 6.60 7.79 9.79 10.07 13.41 68 ...... 6.63 7.81 9.80 10.11 13.46 69 ...... 6.64 7.86 9.82 10.16 13.52 70 ...... 6.65 7.90 9.84 10.21 13.57 Oversize parcels 3 ...... 19.82 28.99 28.99 28.99 28.99 1 For barcode discount, deduct $0.03 per piece. 2 For nonmachinable Intra-BMC parcels, add $1.35 per piece. 3 See DMCS section 521.61 for oversize Parcel Post. 4 Parcel Post pieces exceeding 84 inches in length and girth combined and weighing less than 15 pounds are subject to a rate equal to that for a 15 pound parcel for the zone to which the parcel is addressed. 5 For each pickup stop, add $10.25.
PACKAGE SERVICES RATE SCHEDULE 521.2C [Parcel Post Subclass Parcel Select—Destination BMC Rates]
Weight not exceeding Zone (pounds) 1&2 Zone 3 Zone 4 Zone 5
1 ...... $2.13 $2.48 $2.75 $2.99 2 ...... 2.13 2.48 2.75 2.99 3 ...... 2.36 2.89 3.31 3.42 4 ...... 2.57 3.27 3.81 3.88 5 ...... 2.78 3.63 4.16 4.35 6 ...... 2.96 3.97 4.45 4.78 7 ...... 3.14 4.28 4.72 5.18 8 ...... 3.31 4.59 4.97 5.56 9 ...... 3.47 4.87 5.22 5.91 10 ...... 3.63 5.15 5.46 6.24 11 ...... 3.77 5.41 5.67 6.54 12 ...... 3.91 5.66 5.88 6.85 13 ...... 4.05 5.87 6.08 7.11 14 ...... 4.18 5.97 6.28 7.38 15 ...... 4.30 6.11 6.45 7.63 16 ...... 4.42 6.25 6.62 7.86 17 ...... 4.53 6.38 6.80 8.08 18 ...... 4.65 6.51 6.95 8.31 19 ...... 4.75 6.63 7.10 8.51 20 ...... 4.86 6.75 7.23 8.70 21 ...... 4.96 6.87 7.35 8.89 22 ...... 5.06 6.97 7.47 9.07 23 ...... 5.15 7.10 7.58 9.25 24 ...... 5.24 7.20 7.68 9.41 25 ...... 5.33 7.30 7.78 9.57 26 ...... 5.42 7.39 7.88 9.73 27 ...... 5.50 7.50 7.97 9.87 28 ...... 5.59 7.60 8.05 10.01 29 ...... 5.67 7.70 8.14 10.15 30 ...... 5.75 7.78 8.22 10.30 31 ...... 5.82 7.85 8.29 10.42 32 ...... 5.90 7.95 8.37 10.54 33 ...... 5.97 8.03 8.44 10.68 34 ...... 6.04 8.10 8.50 10.78 35 ...... 6.11 8.19 8.57 10.89 36 ...... 6.18 8.26 8.63 11.02 37 ...... 6.25 8.33 8.69 11.12 38 ...... 6.31 8.41 8.75 11.23
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PACKAGE SERVICES RATE SCHEDULE 521.2C—Continued [Parcel Post Subclass Parcel Select—Destination BMC Rates]
Weight not exceeding Zone (pounds) 1&2 Zone 3 Zone 4 Zone 5
39 ...... 6.37 8.49 8.80 11.32 40 ...... 6.44 8.55 8.85 11.43 41 ...... 6.50 8.64 8.90 11.52 42 ...... 6.56 8.70 8.95 11.61 43 ...... 6.62 8.77 9.00 11.71 44 ...... 6.67 8.83 9.05 11.79 45 ...... 6.73 8.89 9.18 11.88 46 ...... 6.79 8.97 9.22 11.96 47 ...... 6.84 9.02 9.26 12.04 48 ...... 6.89 9.09 9.30 12.14 49 ...... 6.94 9.15 9.34 12.21 50 ...... 6.97 9.21 9.37 12.29 51 ...... 7.04 9.26 9.41 12.36 52 ...... 7.08 9.34 9.44 12.43 53 ...... 7.11 9.38 9.47 12.50 54 ...... 7.15 9.42 9.51 12.58 55 ...... 7.20 9.45 9.55 12.64 56 ...... 7.25 9.48 9.58 12.70 57 ...... 7.30 9.50 9.60 12.78 58 ...... 7.34 9.53 9.63 12.84 59 ...... 7.38 9.56 9.66 12.90 60 ...... 7.43 9.58 9.68 12.97 61 ...... 7.48 9.61 9.71 13.03 62 ...... 7.52 9.63 9.76 13.08 63 ...... 7.56 9.65 9.82 13.14 64 ...... 7.60 9.67 9.86 13.20 65 ...... 7.64 9.70 9.91 13.25 66 ...... 7.70 9.72 9.97 13.32 67 ...... 7.74 9.74 10.02 13.36 68 ...... 7.76 9.75 10.06 13.41 69 ...... 7.81 9.77 10.11 13.47 70 ...... 7.85 9.79 10.16 13.52 Oversize parcels 3 ...... 18.85 20.65 27.84 28.94 1 For barcode discount, deduct $0.03 per piece. Barcode discount is not available for DBMC mail entered at an ASF, except at the Phoenix, AZ ASF. 2 For nonmachinable DBMC parcels, add $1.45 per piece. 3 See DMCS section 521.61 for oversize Parcel Post. 4 Parcel Post pieces exceeding 84 inches in length and girth combined and weighing less than 15 pounds are subject to a rate equal to that for a 15 pound parcel for the zone to which the parcel is addressed. 5 A mailing fee of $125.00 must be paid once each 12-month period for Parcel Select.
PACKAGE SERVICES RATE SCHEDULE PACKAGE SERVICES RATE SCHEDULE PACKAGE SERVICES RATE SCHEDULE 521.2D 521.2D—Continued 521.2D—Continued [Parcel Post Subclass Parcel Select— [Parcel Post Subclass Parcel Select— [Parcel Post Subclass Parcel Select— Destination SCF Rates] Destination SCF Rates] Destination SCF Rates]
Weight not exceeding Weight not exceeding Weight not exceeding (pounds) (pounds) (pounds)
1 ...... $1.71 21 ...... 3.49 41 ...... 4.46 2 ...... 1.71 22 ...... 3.55 42 ...... 4.50 3 ...... 1.85 23 ...... 3.61 43 ...... 4.53 4 ...... 1.99 24 ...... 3.67 44 ...... 4.57 5 ...... 2.12 25 ...... 3.73 45 ...... 4.61 6 ...... 2.24 26 ...... 3.78 46 ...... 4.64 7 ...... 2.35 27 ...... 3.83 47 ...... 4.67 8 ...... 2.45 28 ...... 3.89 48 ...... 4.71 9 ...... 2.56 29 ...... 3.94 49 ...... 4.74 10 ...... 2.65 30 ...... 3.99 50 ...... 4.77 11 ...... 2.74 31 ...... 4.03 51 ...... 4.80 12 ...... 2.83 32 ...... 4.08 52 ...... 4.84 13 ...... 2.92 33 ...... 4.13 53 ...... 4.87 14 ...... 3.00 34 ...... 4.17 54 ...... 4.90 15 ...... 3.08 35 ...... 4.21 55 ...... 4.93 16 ...... 3.15 36 ...... 4.26 56 ...... 4.96 17 ...... 3.22 37 ...... 4.30 57 ...... 4.98 18 ...... 3.29 38 ...... 4.34 58 ...... 5.01 19 ...... 3.36 39 ...... 4.38 59 ...... 5.04 20 ...... 3.43 40 ...... 4.42 60 ...... 5.07
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PACKAGE SERVICES RATE SCHEDULE PACKAGE SERVICES RATE SCHEDULE PACKAGE SERVICES RATE SCHEDULE 521.2D—Continued 521.2E—Continued 521.2E—Continued [Parcel Post Subclass Parcel Select— [Parcel Post Subclass Parcel Select— [Parcel Post Subclass Parcel Select— Destination SCF Rates] Destination Delivery Unit Rates] Destination Delivery Unit Rates]
Weight not exceeding Weight not exceeding pounds Weight not exceeding pounds (pounds) 8 ...... 1.55 45 ...... 2.24 61 ...... 5.10 9 ...... 1.58 46 ...... 2.25 62 ...... 5.12 10 ...... 1.62 47 ...... 2.26 63 ...... 5.15 11 ...... 1.65 48 ...... 2.27 64 ...... 5.17 12 ...... 1.68 49 ...... 2.28 65 ...... 5.20 13 ...... 1.71 50 ...... 2.29 66 ...... 5.22 14 ...... 1.74 51 ...... 2.30 67 ...... 5.25 15 ...... 1.77 52 ...... 2.31 68 ...... 5.27 16 ...... 1.79 53 ...... 2.32 69 ...... 5.30 17 ...... 1.82 54 ...... 2.33 18 ...... 1.85 70 ...... 5.32 55 ...... 2.34 Oversize parcels 1 ...... 11.35 19 ...... 1.87 56 ...... 2.35 20 ...... 1.89 1 57 ...... 2.36 See DMCS section 521.61 for oversize 21 ...... 1.92 Parcel Post. 22 ...... 1.94 58 ...... 2.37 2 Parcel Post pieces exceeding 84 inches in 59 ...... 2.38 length and girth combined and weighing less 23 ...... 1.96 24 ...... 1.98 60 ...... 2.39 than 15 pounds are subject to a rate equal to 61 ...... 2.40 that for a 15 pound parcel for the zone to 25 ...... 2.00 which the parcel is addressed. 26 ...... 2.02 62 ...... 2.41 3 A mailing fee of $125.00 must be paid 27 ...... 2.04 63 ...... 2.42 once each 12-month period for Parcel Select. 28 ...... 2.06 64 ...... 2.43 29 ...... 2.07 65 ...... 2.44 PACKAGE SERVICES RATE SCHEDULE 30 ...... 2.09 66 ...... 2.45 521.2E 31 ...... 2.10 67 ...... 2.46 32 ...... 2.11 68 ...... 2.47 [Parcel Post Subclass Parcel Select— 33 ...... 2.12 69 ...... 2.48 Destination Delivery Unit Rates] 34 ...... 2.13 70 ...... 2.49 35 ...... 2.14 Oversize parcels 1 ...... 6.98 Weight not exceeding pounds 36 ...... 2.15 37 ...... 2.16 1 See DMCS section 521.61 for oversize 1 ...... 1.28 38 ...... 2.17 Parcel Post. 2 Parcel Post pieces exceeding 84 inches in 2 ...... 1.28 39 ...... 2.18 3 ...... 1.33 length and girth combined and weighing less 40 ...... 2.19 than 15 pounds are subject to a rate equal to 4 ...... 1.38 41 ...... 2.20 that for a 15 pound parcel for the zone to 5 ...... 1.43 42 ...... 2.21 which the parcel is addressed. 6 ...... 1.47 43 ...... 2.22 3 A mailing fee of $125.00 must be paid 7 ...... 1.51 44 ...... 2.23 once year 12-month period for Parcel Select.
PACKAGE SERVICES RATE SCHEDULE 522A [Bound printed matter subclass single piece rates]
Weight not exceeding Zones (pounds) 1&2345678
1 ...... $1.80 $1.83 $1.87 $1.93 $1.99 $2.06 $2.21 1.5 ...... 1.80 1.83 1.87 1.93 1.99 2.06 2.21 2 ...... 1.84 1.88 1.94 2.02 2.10 2.19 2.38 2.5 ...... 1.90 1.95 2.00 2.11 2.21 2.33 2.57 3 ...... 1.94 2.00 2.08 2.20 2.32 2.46 2.75 3.5 ...... 1.99 2.06 2.15 2.29 2.43 2.60 2.93 4 ...... 2.03 2.11 2.21 2.37 2.55 2.72 3.11 4.5 ...... 2.07 2.17 2.29 2.47 2.65 2.87 3.30 5 ...... 2.13 2.23 2.36 2.55 2.77 3.00 3.47 6 ...... 2.22 2.35 2.49 2.74 2.99 3.26 3.83 7 ...... 2.31 2.46 2.63 2.92 3.21 3.53 4.19 8 ...... 2.40 2.57 2.78 3.10 3.44 3.81 4.55 9 ...... 2.50 2.68 2.91 3.27 3.66 4.07 4.92 10 ...... 2.60 2.80 3.05 3.45 3.87 4.34 5.27 11 ...... 2.68 2.91 3.19 3.63 4.09 4.61 5.64 12 ...... 2.78 3.03 3.33 3.81 4.32 4.88 6.00 13 ...... 2.87 3.14 3.47 3.99 4.54 5.15 6.36 14 ...... 2.97 3.26 3.61 4.17 4.76 5.42 6.73 15 ...... 3.06 3.37 3.75 4.35 4.98 5.69 7.09 1 For barcode discount, deduct $0.03 per piece.
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PACKAGE SERVICES RATE SCHEDULE PACKAGE SERVICES RATE SCHEDULE 2 Applies to mailings of at least 300 pieces presorted to carrier route as specified by the 522B 522B—Continued Postal Service. [Bound Printed Matter Subclass Basic Presort [Bound Printed Matter Subclass Basic Presort and Carrier Route Presort Rates] and Carrier Route Presort Rates]
Per piece Per piece Zone Per Per Carrier pound Zone Carrier pound Basic 1 Basic 1 route 2 route 2
1 & 2 ...... $0.97 $0.87 $0.07 7 ...... 0.97 0.87 0.25 3 ...... 0.97 0.87 0.09 8 ...... 0.97 0.87 0.34 4 ...... 0.97 0.87 0.12 5 ...... 0.97 0.87 0.16 1 For barcode discount, deduct $0.03 per 6 ...... 0.97 0.87 0.20 piece.
PACKAGE SERVICES RATE SCHEDULE 522C [Bound Printed Matter Subclass Destination Entry Basic Presort]
DBMC DBMC DBMC DBMC Zone 1&2 Zone 3 Zone 4 Zone 5 DSCF DDU
Per Piece Rate ...... 0.83 0.83 0.83 0.83 0.69 0.62 Per Pound Rate ...... 0.06 0.09 0.12 0.16 0.06 0.03 1 For barcode discount, deduct $0.03 per piece. Barcode discount is not available for DDU and DSCF rates and DBMC mail entered at an ASF (except Phoenix, Arizona ASF). 2 A mailing fee of $125.00 must be paid once each 12-month period to mail at any destination entry Bound Printed Matter rate.
PACKAGE SERVICES RATE SCHEDULE 522D [Bound Printed Matter Subclass Destination Entry Carrier Route Presort]
DBMC DBMC DBMC DBMC Zone 1&2 Zone 3 Zone 4 Zone 5 DSCF DDU
Per Piece Rate ...... 0.73 0.73 0.73 0.73 0.59 0.52 Per Pound Rate ...... 0.06 0.09 0.12 0.16 0.06 0.03 1 A mailing fee of $125.00 must be paid once each 12-month period to mail at any destination entry Bound Printed Matter rate.
PACKAGE SERVICES RATE PACKAGE SERVICES RATE SCHEDULE FEE SCHEDULE 912 1 SCHEDULE 523 524 [Media Mail Subclass] [Library Mail Subclass] Description Fee ZIP Coding of Mailing Lists Rates Rates (dollars) (dollars) Per thousand addresses ...... $73.00 First Pound: First Pound: ...... 4 Correction of Mailing Lists Not presorted4 ...... 1.33 Not presorted ...... 1.26 Level A Presort (5-digits) 1, 2 ... 0.69 Level A Presort (5Ðdigits)1, 2 .. 0.73 1, 3, 4 Per submitted address ...... $0.25 1, 3, 4 Level B Presort (BMC) .... 0.98 Level B Presort (BMC) .... 1.03 Each additional pound through 7 Minimum charge per list ...... $7.50 Each additional pound through 7 pounds ...... 0.43 pounds ...... 0.45 Each additional pound over 7 Address Changes for Election Boards and Each additional pound over 7 pounds ...... 0.29 Registration Commissions pounds ...... 0.30 1 A mailing fee of $125.00 must be paid Per change of address ...... $0.23 1 A mailing fee of $125.00 must be paid once each 12-month period for each permit. once each 12Ðmonth period for each permit. 2 For mailings of 500 or more pieces prop- 2 For mailings of 500 or more pieces prop- erly prepared and presorted to five-digit des- Sequencing of Address Cards erly prepared and presorted to five-digit des- tination ZIP Codes. tination ZIP Codes. 3 For mailings of 500 or more pieces prop- Per correction ...... $0.25 3 For mailings of 500 or more pieces prop- erly prepared and presorted to Bulk Mail Cen- erly prepared and presorted to Bulk Mail Cen- ters. ters. 4 For barcode discount, deduct $0.03 per 1 When rural routes have been consolidated 4 For barcode discount, deduct $0.03 per piece. or changed to another post office, no charge piece. will be made for correction if the list contains FEE SCHEDULE 911 only names of persons residing on the route or routes involved. [Address Corrections] I. Post Office Boxes Description Fee
Per manual correction ...... $0.60 Per automated correction ...... 0.20
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FEE SCHEDULE 921 [Post Office Boxes and Caller Service]
Fee Group
Box Size 2 B2 C3 C4 C5 D6 D7 E
Semi-annual Box Fees 1: 1 ...... $30.00 $27.50 $22.50 $19.00 $10.00 $8.50 $0.00 2 ...... 45.00 40.00 32.50 27.50 16.00 13.00 0.00 3 ...... 85.00 75.00 60.00 50.00 25.00 22.50 0.00 4 ...... 170.00 150.00 125.00 87.50 50.00 40.00 0.00 5 ...... 300.00 250.00 212.50 150.00 90.00 65.00 0.00 1 A customer ineligible for carrier delivery may obtain a post office box at Group E fees, subject to administrative decisions regarding cus- tomer’s proximity to post office. 2 Box Size 1 = under 296 cubic inches; 2 = 296Ð499 cubic inches; 3 = 500Ð999 cubic inches; 4 = 1000Ð1999 cubic inches; 5 = 2000 cubic inches and over.
II. Key Duplication and Lock Charges FEE SCHEDULE 931—Continued Fee Schedule 934 [Business Reply Mail] [Reserved] Description Fee Description Fee FEE SCHEDULE 935 Key duplication or replacement ...... $4.00 Optional Qualified BRM Quar- [Bulk Parcel Return Service] Post office box lock replacement ..... 10.00 terly Fee ...... 1,800.00 Description Fee III. Semi-annual Caller Service Fee— Accounting fee for advance deposit account (see Fee Schedule 1000). Per Returned Piece ...... $1.62 $375.00 Permit fee (with or without advance deposit IV. Annual Call Number Reservation account) (see Fee Schedule 1000). Accounting fee for advance deposit account Fee (see Fee Schedule 1000). Permit fee (see Fee Schedule 1000). (All applicable Fee Groups)—$30.00. FEE SCHEDULE 932 [Merchandise Return] EE CHEDULE FEE SCHEDULE 931 F S 936 Description Fee [Shipper Paid Forwarding] [Business Reply Mail] Accounting fee for advance de- Description Fee Description Fee posit account (see Fee Sched- Active business reply advance ule 1000) ...... Accounting fee for advance de- deposit account: Permit fee (see Fee Schedule posit account (see Fee Per piece 1000). Schedule 1000).. Qualified (without optional Quarterly fee) ...... $0.05 Qualified (with optional FEE SCHEDULE 933 FEE SCHEDULE 941 Quarterly fee) ...... 0.01 [On-Site Meter Service] [Certified Mail] Nonletter-size, using weight averaging ...... 0.01 Description Fee Fee Other ...... 0.10 Description (in addition Payment of postage due Meter Service (per employee) ...... $31.00 to postage) charges if active business Meters reset and/or examined (per reply mail advance deposit ac- meter) ...... 4.00 Per piece ...... $2.10 count not used: Checking meter in or out of service Per piece ...... 0.35 (per meter) ...... 1 4.00 Monthly Fees for customers using weight averaging for 1 Fee does not apply to Secured Postage nonletter-size business reply .. 600.00 meters.
FEE SCHEDULE 942 [Registered Mail]
Fee Declared Value of Article 1 (in addition to Handling charge postage)
$ 0.00 ...... $7.25 0.01 to 100 ...... 7.50 100.01 to 500 ...... 8.25 500.01 to 1,000 ...... 9.00 1,000.01 to 2,000 ...... 9.75 2,000.01 to 3,000 ...... 10.50 3,000.01 to 4,000 ...... 11.25 4,000.01 to 5,000 ...... 12.00
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FEE SCHEDULE 942—Continued [Registered Mail]
Fee Declared Value of Article 1 (in addition to Handling charge postage)
5,000.01 to 6,000 ...... 12.75 6,000.01 to 7,000 ...... 13.50 7,000.01 to 8,000 ...... 14.25 8,000.01 to 9,000 ...... 15.00 9,000.01 to 10,000 ...... 15.75 10,000.01 to 11,000 ...... 16.50 11,000.01 to 12,000 ...... 17.25 12,000.01 to 13,000 ...... 18.00 13,000.01 to 14,000 ...... 18.75 14,000.01 to 15,000 ...... 19.50 15,000.01 to 16,000 ...... 20.25 16,000.01 to 17,000 ...... 21.00 17,000.01 to 18,000 ...... 21.75 18,000.01 to 19,000 ...... 22.50 19,000.01 to 20,000 ...... 23.25 20,000.01 to 21,000 ...... 24.00 21,000.01 to 22,000 ...... 24.75 22,000.01 to 23,000 ...... 25.50 23,000.01 to 24,000 ...... 26.25 24,000.01 to 25,000 ...... 27.00 25,000.01 to $1 million ...... 27.00 plus 75 cents for each $1,000 (or fraction thereof) over $25,000. Over $1 million to $15 million ...... 758.25 plus 75 cents for each $1,000 (or fraction thereof) over $1 million. Over $15 million ...... 11258.25 plus amount determined by the Postal Service based on weight, space and value. 1 Articles with a declared value of more than $25,000 can be registered, but compensation for loss or damage is limited to $25,000.
FEE SCHEDULE 943 FEE SCHEDULE 944 FEE SCHEDULE 945—Continued [Insurance] [Collect on Delivery] [Return Receipts]
Fee1 Fee Fee Coverage (in addition to post- Description (in addi- (in addi- age) tion to Description tion to postage) postage) Express Mail Insurance Amount to be collected, or Insur- Merchandise (without another Document Recon- ance Coverage Desired: special service) ...... 2.35 struction: $0.01 to $50 ...... $4.50 Receipt requested after mailing 2 3.50 50.01 to 100 ...... 5.50 $0.01 to $ 500 ...... no charge. 1 100.01 to 200 ...... 6.50 This receipt shows the signature of the Merchandise: person to whom the mailpiece was delivered, $0.01 to $500 ...... no charge. 200.01 to 300 ...... 7.50 the date of delivery and the delivery address, $500.01 to 5000 .... $1.00 for each $100 300.01 to 400 ...... 8.50 if such address is different from the address (or fraction thereof) 400.01 to 500 ...... 9.50 on the mailpiece. over $500 in value. 500.01 to 600 ...... 10.50 2 This receipt shows to whom the mailpiece 600.01 to 700 ...... 11.50 was delivered and the date of delivery. General Insurance 700.01 to 800 ...... 12.50 800.01 to 900 ...... 13.50 FEE SCHEDULE 946 900.01 to 1000 ...... 14.50 $0.01 to $50 ...... $1.10. [Restricted Delivery] $50.01 to $100 ...... $2.00. Notice of nondelivery of COD ...... 3.00 $100.01 to $5000 .. $2.00 plus $1.00 for Alteration of COD charges or des- ignation of new addressee ...... 3.00 Fee each $100 (or frac- (in addi- tion thereof) over Registered COD ...... 4.00 Description tion to $100 in coverage. postage)
1 For bulk insurance coverage between FEE SCHEDULE 945 Per Piece ...... $3.20 $0.01 to $50.00, deduct $0.60 per price. For [Return Receipts] bulk insurance coverage between $50.01 to $5,000.00, deduct $0.80 per piece. Fee (in addi- Description tion to postage)
Receipt requested at time of mail- ing 1: Items other than merchandise .... $1.50
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FEE SCHEDULE 947 FEE SCHEDULE 949—Continued 2 Available in ‘‘savings bond’’ style. Note: ‘‘Basic’’ envelopes include ‘‘regular’’ [Certificate of Mailing] [Signature Confirmation] (no window), ‘‘window’’ (single window), ‘‘pre- cancelled regular’’, and ‘‘pre-cancelled win- Fee Fee dow’’ styles. ‘‘Special’’ envelopes include all (in addi- Description (in addi- envelopes with patched in indicia. ‘‘Printed’’ Description tion to tion to envelopes are available with multi-color postage) postage) printing.
Individual Pieces Used in Conjunction with Parcel FEE SCHEDULE 962 Original certificate of mailing for Post, Bound Printed Matter, Li- listed pieces of all classes of brary Mail, and Media Mail [Stamped Cards] ordinary mail (per piece) ...... $0.75 Electronic ...... 1.25 Three or more pieces individually Manual ...... 1.75 Fee listed in a firm mailing book or (in addi- Description tion to an approved customer pro- postage) vided manifest (per piece) ...... 0.25 FEE SCHEDULE 951 [Parcel Air Lift] Each additional copy of original Stamped Card ...... $0.02 certificate of mailing or original Double Stamped Card ...... 0.04 mailing receipt for registered, Fee insured, certified, and COD (in addi- tion to mail (each copy) ...... 0.75 Description FEE SCHEDULE 971 Bulk Pieces Parcel Post [Money Orders] Identical pieces of First-Class postage) and Standard Mail paid with ordinary stamps, precanceled Up to 2 pounds ...... $0.40 Description Fee stamps, or meter stamps are Over 2 up to 3 pounds ...... 0.75 subject to the following fees: Over 3 up to 4 pounds ...... 1.15 Domestic—$0.01 to $700 ...... $0.90 Up to 1,000 pieces (one certifi- Over 4 pounds ...... 1.55 APOÐFPO—$0.01 to $700 ...... 0.25 cate for total number) ...... 3.50 Inquiry Fee, which includes the Each additional 1,000 pieces issuance of copy of a paid or fraction ...... 0.40 FEE SCHEDULE 952 money order ...... 2.75 Duplicate copy ...... 0.75 [Special Handling]
Fee FEE SCHEDULE 981 FEE SCHEDULE 948 Description (in addi- [Mailing Online] [Delivery Confirmation] tion to postage) Description Fee Fee Not more than 10 pounds ...... $5.40 (in addi- Fees are calculated by Description More than 10 pounds ...... 7.50 tion to multiplying 1.52 times postage) the sum of printer con- tractual costs for the Used in Conjunction with Priority FEE SCHEDULE 961 particular mailing and Mail [Stamped Envelopes] 0.5 cents per impression Electronic ...... $0.00 for other Postal Service Manual ...... 0.40 Fee costs Used in Conjunction with Parcel (in addi- Description P = Printer Contractual Post, Bound Printed Matter, Li- tion to Costs; I = Number of brary Mail, and Media Mail postage) Impressions ...... 1.52×(P+0.5xI) Electronic ...... 0.12 3 Manual ...... 0.50 Single Sale: #6 ⁄4 size and #10 size Certification of a system as functionally Used in Conjunction with Regular equivalent to Mailing Online (see Fee Sched- Basic ...... $0.08 and Nonprofit Standard Mail ule 1000). Special ...... 0.09 This provision expires the later of: Electronic ...... 0.12 3 Household (50): #6 ⁄4 size through a. three years after the implementation date #10 size specified by the Postal Service Board of Gov- FEE SCHEDULE 949 Basic ...... 3.50 ernors, or Special ...... 4.50 b. if, by the expiration date specified in (a), [Signature Confirmation] Bulk (500): #63⁄4 size a proposal to make Mailing Online permanent Plain Basic ...... 12.00 is pending before the Postal Rate Commis- Fee Printed Basic ...... 17.00 sion, the later of: 1 Description (in addi- Bulk (500): >#63⁄4 size through #10 three months after the Commission takes tion to size action on such proposal under section 3624 of postage) Plain Basic 1, 2 ...... 14.00 Title 39, or 2 Printed Basic ...... 20.00 if applicable—on the implementation date Used in Conjunction with Priority Plain Special ...... 19.00 for a permanent Mailing Online. Mail Printed Special ...... 25.00 Electronic ...... $1.25 Manual ...... 1.75 1 Available in ‘‘double window’’ style.
FEE SCHEDULE 1000
Description Fee 1
First-Class Presorted Mailing ...... $125.00
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FEE SCHEDULE 1000—Continued
Description Fee 1
Regular, Enhanced Carrier Route, Nonprofit, and NonprofitEnhanced Carrier Route Standard Mail Bulk Mailing ...... 125.00 Periodicals A. Original Entry ...... 350.00 B. Additional Entry ...... 50.00 C. Re-entry ...... 40.00 D. Registration for News Agents ...... 40.00 Parcel Select ...... 125.00 Bound Printed Matter: Destination BMC, SCF, and DDU ...... 125.00 Media Mail Presorted Mailing ...... 125.00 Library Mail Presorted Mailing ...... 125.00 Authorization to Use Permit Imprint ...... 125.00 Special Services Bulk Parcel Return Service A. Permit ...... 125.00 B. Accounting Fee (advance deposit account) ...... 375.00 Business Reply Mail A. Permit (with or without advance deposit account) ...... 125.00 B. Accounting Fee (advance deposit account) ...... 375.00 Mailing Online 2 A. Certification of a system as functionally equivalent to Mailing Online ...... 125.00 Merchandise Return A. Permit ...... 125.00 B. Accounting Fee (advance deposit account) ...... 375.00 Shipper Paid Forwarding A. Accounting Fee (advance deposit account) ...... 375.00 1 Fees must be paid once each 12-month period. 2 This provision expires the later of: a. Three years after the Mailing Online implementation date specified by the Postal Service Board of Governors, or b. If, by the expiration date specified in (a), a proposal to make Mailing Online permanent is pending before the Postal Rate Commission, the later of: 1. Three months after the Commission takes action on such proposal under section 3624 of Title 39, or 2. —If applicable—on the implemenation date for a permanent Mailing Online.
Stanley F. Mires, Applicants: NFT, NFI, NR, NLG, of Investment Management, Office of Chief Counsel, Legislative. NFST and Banc of America Advisors, Investment Company Regulation). [FR Doc. 01–13063 Filed 5–22–01; 8:45 am] LLC. (‘‘BAALLC’’). SUPPLEMENTARY INFORMATION: The BILLING CODE 7710–12–U Filing Date: The application was filed following is a summary of the on February 26, 2001, and amended on application. The complete application May 16, 2001. may be obtained for a fee from the SEC’s Hearing or Notification of Hearing: An Public Reference Branch, 450 Fifth SECURITIES AND EXCHANGE Street, NW., Washington, DC 20549– COMMISSION order granting the application will be issued unless the SEC orders a hearing. 0102 (telephone (202) 942–8090). [Investment Company Act Release No. Interested persons may request a Applicants’ Representations 24978; 812–12466] hearing by writing to the SEC’s Secretary and serving applicants with a 1. NFT, a Massachusetts business Nations Fund Trust, et al.; Notice of copy of the request, personally or by trust, NFI, a Maryland corporation, NR, Application mail. Hearing requests should be a Massachusetts business trust, and received by the SEC by 5:30 p.m. on NLG, a Maryland corporation, are open- May 16, 2001. June 7, 2001, and should be end management investment companies AGENCY: Securities and Exchange accompanied by proof of service on registered under the Act. NFT currently Commission (‘‘SEC’’ or ‘‘Commission’’). applicants in the form of an affidavit or, offers 34 series, one of which will ACTION: Notice of an application under for lawyers, a certificate of service. participate in the Reorganization. NFI section 17(b) of the Investment Hearing requests should state the nature offers six series, two of which will Company Act of 1940 (‘‘Act’’) for an of the writer’s interest, the reason for the participate in the Reorganization. NR exemption from section 17(a) of the Act. request, and the issues contested. currently offers 16 series, two of which Persons may request notification by will participate in the Reorganization. SUMMARY: Applicants request an order to writing to the SEC’s Secretary. NLG offers three series, all of which will permit certain series of Nations Funds participate in the Reorganization. The Trust (‘‘NFST’’) to acquire all of the ADDRESSES: Secretary, SEC, 450 Fifth participating series of NFT, NFI, NR and assets and liabilities of certain series of Street, NW., Washington, DC 20549– NLG are collectively referred to as the Nations Fund Trust (‘‘NFT’’), Nations 0609. Applicants, One Bank of America ‘‘Acquired Funds.’’ Two of the Acquired Fund, Inc. (‘‘NFI’’), Nations Reserve Plaza, 101 South Tryon Street, Funds are feeder funds (‘‘Acquired (‘‘NR’’), and Nations LifeGoals Funds, Charlotte, NC 28255. Feeder Funds’’) which invest all of their Inc. (‘‘NLG’’) (the ‘‘Reorganization’’). FOR FURTHER INFORMATION CONTACT: assets in corresponding master Because of certain affiliations, Bruce R. MacNeil, Senior Counsel, (202) portfolios (‘‘Master Portfolios’’) of applicants may not rely on rule 17a-8 942–0634, or Janet M. Grossnickle, Nations Master Investment Trust under the Act. Branch Chief, (202) 942–0564 (Division (‘‘NMIT’’), an open-end management
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investment company registered under Group’’), hold of record, in their name Acquired Fund. No sales charge will be the Act. and in the names of their nominees, imposed in connection with the 2. NFST, a Delaware business trust, is more than 5% (and in some cases, more Reorganization. an open-end management investment than 25%) of the outstanding voting 7. The Boards, including all of the company registered under the Act. securities of each of the Acquired Independent Members, found that NFST is organizing seven new series, Funds. All such securities are held for participation in the Reorganization is in (the ‘‘Acquiring Funds,’’ and together the benefit of others in a trust, agency, the best interest of each of their with the Acquired Funds, the custodial, or other fiduciary or respective Funds and that the interests ‘‘Funds’’).1 Two of the Acquiring Funds representative capacity. None of the of each Fund’s existing shareholders will be feeder funds (‘‘Acquiring Feeder companies of the Bank of America will not be diluted as a result of the Funds,’’ together with the Acquired Group owns an economic interest in any Reorganization. In approving the Feeder Funds, the ‘‘Feeder Funds’’) of the Funds. Reorganization, the Boards considered, which will invest all of their assets in 5. On August 23, 2000, the board of among other things: (a) The potential corresponding Master Portfolios of trustees of NFST (the ‘‘Acquiring Funds’ effect of the Reorganization; (b) the NMIT.2 Board,’’) and the board of directors or respective expense ratios of the Funds; 3. BAALLC is registered under the trustees of NFT, NFI, NR and NLG (the (c) the compability of the investment Investment Advisers Act of 1940 ‘‘Acquired Funds’ Boards,’’ together objectives and investment strategies of (‘‘Advisers Act’’) and is the investment with the Acquiring Funds’ Board, the the Funds; (d) the terms and conditions adviser for the Acquired Funds that are ‘‘Boards’’), including all of the directors of the Reorganization; and (e) the tax- not Feeder Funds as well as the or trustees who are not ‘‘interested free nature of the Reorganization. The Acquired Feeder Funds’ corresponding persons,’’ as defined in section 2(a)(19) Boards also noted that BAALLC and its Master Portfolios. The Acquired Funds of the Act (‘‘Independent Members’’) of affiliates (but not the Funds) will bear that are not Feeder Funds and the the respective Funds, approved an the expenses associated with the Acquired Feeder Funds’ corresponding agreement and plan of reorganization Reorganization, and considered Master Portfolios are currently (‘‘Plans’’) on behalf of each Acquiring potential benefits of the Reorganization subadvised by either Banc of America Fund and Acquired Fund. Under the to BAALLC and its affiliates. Capital Management Inc. (‘‘BACAP’’) or Plans, on the date following the closing 8. Each Plan may be terminated at any Marsico Capital Management, LLC date (‘‘Closing Date’’), which is time by mutual written consent of the (‘‘Marsico Capital’’), which are currently anticipated to be June 8, 2001, Acquiring Fund and the Acquired Fund investment advisers registered under the each class of each Acquiring Fund will at any time through the Closing Date. In Advisers Act. BAALLC is also the acquire all of the assets and liabilities of addition, either Board may terminate investment adviser, and BACAP and the corrresponding class of the Acquired the Plan under certain circumstances Marsico Capital are also the investment Fund in exchange for shares of specified in the Plan. The subadvisers, respectively, for the designated classes of the Acquiring consummation of the reorganization is Acquiring Funds that are not Feeder Fund that have an aggregate net asset subject to the following conditions: (a) Funds, and the Acquiring Feeder Funds’ value equal to the value of the class of A registration statement under the corresponding Master Portfolios, except the Acquired Fund’s net assets, Securities Act of 1933 for the Acquiring for one Acquiring Fund where BACAP determined as of the Closing Date unless Funds will have become effective; (b) and Chicago Equity Partners LLC mutually agreed otherwise (‘‘Valuation the Acquired Funds’ shareholders will (‘‘Chicago Equity’’) are co-subadvisers. Time’’). The value of the assets will be have approved their respective Plan; (c) BAALLC, BACAP and Marsico Capital determined in accordance with NFT’s, applicants will have received exemptive are wholly-owned subsidiaries of Bank NFI’s, NR’s, NLG’s and NFST’s then relief from the SEC with respect to the of America Corporation. Chicago Equity current valuation procedures stated in issues in the application; (d) the funds is not an affiliated person of BAALLC or their prospectuses. On the date will have received an opinion of any other company in the Bank of following each Closing Date, the counsel conerning the tax-free nature of America Group (as defined below). Acquired Funds will make a pro rata the Reorganization; and (e) the Acquired 4. Bank of America Corporation, Bank distribution of shares of the Acquiring Fund will have declared a dividend to of America, N.A., and/or certain of their Fund to its shareholders and liquidate. distribute substantially all of its affiliates that are under common control 6. Applicants state that the Acquiring investment company taxable income with BAALLC (the ‘‘Bank of America Funds will pursue investment objectives and net capital gain, if any, to its and following principal investment shareholders. Applicants agree not to 1 A registration statement for the seven shell strategies that are either identical or make any material changes to the Plan Acquiring Funds was filed with the SEC on October similar to those of the Acquired Funds. that affect the application without prior 13, 2000 and became effective on December 27, 2000. Each of the Acquired Funds has SEC staff approval. 2 The Acquired Funds and the corresponding multiple classes of shares, and the 9. Definitive proxy solicitation Acquiring Funds are: (i) NFT Nations Balanced respective Acquiring Fund will have the materials have been filed with the SEC Assets Fund and NR Nations Asset Allocation Fund same classes of shares. Applicants state and were mailed to the Acquired Funds’ into NFST Nations Government Securities Fund; (ii) that the distribution and shareholder NFI Nations U.S. Government Bond Fund and NFI shareholders on or about January 29, Nations Government Securities Fund into NFST servicing arrangements for the 2001. A special meeting of the Acquired Nations Government Securities Fund; (iii) NR respective classes of the Acquired Fund Funds’ shareholders was held on April Nations Marsico Focused Equities Fund into NFST are substantially identical to the 12, 2001, and the Acquired Funds’ Nations Marsico Focused Equities Fund; (iv) NR arrangements of the corresponding Nations Marsico Growth and Income Fund into shareholders approved their respective NFST Nations Marsico Growth and Income Fund; classes of the Acquiring Fund. For Plan. (v) NLG Nations LifeGoal Growth Portfolio into purposes of calculating any deferred NFST Nations LifeGoal Growth Portfolio; (vi) NLG sales charge, each Acquired Fund’s Applicants’ Legal Analysis Nations LifeGoal Balanced Growth Portfolio into shareholders will be deemed to have 1. Section 17(a) of the Act generally NFST Nations Lifegoal Balanced Growth Portfolio; and (vii) NLG Nations LifeGoal Income and Growth held shares of the respective Acquiring prohibits an affiliated person of a Portfolio into NFST Nations Lifegoal Income and Fund since the date the shareholder registered investment company, or an Growth Portfolio. initially purchased shares of the affiliated person of that person acting as
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principal, from selling any security or that the Reorganization will be based on merger, consolidation, corporate other property to, or purchasing any the Funds’ relative net asset values. combination or other event. The text of security or other property from, the For the Commission, by the Division of the proposed rule filing is below. company. Section 2(a)(3) of the Act Investment Management, under delegated Additions are in italics; deletions are in defines an ‘‘affiliated person’’ of another authority. brackets. person to include (a) any person that Jonathan G. Katz, Trust Issued Receipts directly or indirectly owns, controls, or Secretary. Initial and Continued Listing holds with power to vote 5% or more [FR Doc. 01–12933 Filed 5–20–01; 8:45 am] of the outstanding voting securities of BILLING CODE 8010–01–M Rule 1202 the other person; (b) any person 5% or more of whose outstanding voting Trust Issued Receipts will be listed and securities are directly or indirectly traded on the Exchange subject to application SECURITIES AND EXCHANGE of the following criteria: owned, controlled or held with power to COMMISSION vote by the other person; (c) any person (a)–(e) No change. directly or indirectly controlling, [Release No. 34–44309; File No. SR–Amex– * * * Commentary controlled by, or under common control 2001–04] .01 No change. .02 The eligibility requirements for with the other person; and (d) if the Self-Regulatory Organizations; Notice other person is an investment company, Component Securities that are represented by of Filing and Order Granting a series of Trust Issued Receipts and that any investment adviser of that company. Accelerated Approval of Proposed 2. Rule 17a–8 under the Act exempts became part of the Trust Issued Receipt when Rule Change and Amendment No. 1 from the prohibitions of section 17(a) the security was either: (a) distributed by a Thereto by the American Stock mergers, consolidation, or purchases or company already included as a Component Exchange LLC Relating to the Listing sales of substantially all of the assets of Security in the series of Trust Issued and Trading of Trust Issued Receipts registered investment companies that Receipts; or (b) received in exchange for the securities of a company previously included are affiliated persons solely by reason of May 16, 2001. as a Component Security that is no longer having a common investment adviser, Pursuant to section 19(b)(1) of the common directors/trustees, and/or outstanding due to a merger, consolidation, Securities Exchange Act of 1934 corporate combination or other event, shall common officers, provided that certain 1 2 (‘‘Act’’) and Rule 19b–4 thereunder, be as follows: conditions set forth in the rule are notice is hereby given that on February (i) the Component Security must be listed satisfied. 7, 2001, the American Stock Exchange on a national securities exchange or traded 3. Applicants state that the Bank of LLC (‘‘Amex’’ or ‘‘Exchange’’) filed with America Group holds of record more through the facilities of Nasdaq and a the Securities and Exchange reported national market system security; than 5% (and in some cases, more than Commission (‘‘Commission’’ or ‘‘SEC’’) 25%) of the outstanding voting (ii) the Component Security must be the proposed rule change, and amended registered under section 12 of the Exchange securities of each of the Acquired such proposed rule change on May 8, Act; and Funds. Because of this ownership, 3 2001, described in Items I, II, and III (iii) the Component Security must have a applicants state that the Funds may be below, which Items have been prepared Standard & Poor’s Sector Classification that deemed affiliated persons for reasons by the self-regulatory organization. The is the same as the Standard & Poor’s Sector other than those set forth in rule 17a– Commission is publishing this notice to Classification represented by Component 8 and therefore unable to rely on the solicit comments on the proposed rule Securities included in the Trust Issued rule. Applicants request an order change, as amended, from interested Receipt at the time of the distribution or pursuant to section 17(b) of the Act persons and to approve the proposal exchange. exempting them from section 17(a) to and Amendment No. 1 on an the extent necessary to consummate the accelerated basis. II. Self-Regulatory Organization’s Reorganization. Statement of the Purpose of, and 4. Section 17(b) of the Act provides I. Self-Regulatory Organization’s Statutory Basis for, the Proposed Rule that the SEC may exempt a transaction Statement of the Terms of Substance of Change from the provisions of section 17(a) if the Proposed Rule Change the evidence establishes that the terms The Amex proposes to amend Amex In its filing with the Commission, the of the proposed transaction, including Rule 1202 to provide eligibility Exchange included statements the consideration to be paid, are requirements for Component Securities concerning the purpose of and basis for reasonable and fair and do not involve represented by a series of Trust Issued the proposed rule change and discussed overreaching on the part of any person Receipts (‘‘TIRs’’) that became part of any comments it received on the concerned, and that the proposed such TIR when the security was either: proposed rule change. The text of these transaction is consistent with the policy (a) Distributed by a company whose statements may be examined at the of each registered investment company securities are already included as a places specified in Item III below. The concerned and with the general Component Security in the series of Exchange has prepared summaries, set purposes of the Act. TIRs; or (b) received in exchange for the forth in sections A, B, and C below, of 5. Applicants submit that the terms of securities of a company previously the most significant aspects of such the Reorganizaiton satisfy the standards included as a Component Security that statements. set forth in section 17(b). Applicants are no longer outstanding due to a A. Self-Regulatory Organization’s note that the Boards, including a Statement of the Purpose of, and majority of the Independent Members, 1 15 U.S.C. 78s(b)(1). Statutory Basis for, the Proposed rule found that participation in the 2 17 CFR 240.19b–4. Change Reorganization is in the best interests of 3 Amendment No. 1 made non-substantive each Fund that the interests of the changes to the text of proposed Commentary .02 of 1. Purpose Amex Rule 1202. See letter from Claire P. McGrath, existing shareholders of each Fund will Vice President and Special Counsel, Amex, to not be diluted as a result of the Nancy Sanow, Assistant Director, Division of In September 1999, the Exchange Reorganization. Applicants also note Market Regulation, SEC, dated May 4, 2001. adopted rules for the listing and trading
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of TIRs.4 TIRs are negotiable receipts as the sector classification represented to provide alternate eligibility criteria that are issued by trusts and represent by the other Component Securities in for Component Securities. To reduce the investors’ discrete identifiable and the trust at the time of the distribution; number of distributions of securities undivided beneficial ownership interest and (b) if the securities of a company from the TIR which cause in the securities deposited into the trust. that are included in a series of TIRs are inconvenience and increased Since that time, the Exchange has listed no longer outstanding as a result of a transaction and administrative costs for 15 TIRs under the trade name HOLDRS, merger, consolidation, corporate investors, it is useful to allow certain representing a wide variety of industry combination or other event, any securities that are received as part of a sectors (e.g., Internet, biotechnology, securities received in exchange for those distribution from a company or as the pharmaceutical and securities will remain in the trust as a result of a merger, consolidation, telecommunications), and the market as Component Security if it is listed for corporate combination or other event to a whole (e.g., Market 2000+HOLDRS trading on a U.S. national securities remain in the TIR. The proposed and Eurpoe 2001 HOLDRS). exchange or through the facilities of eligibility requirements ensure that In September 2000, to accommodate Nasdaq and its Standard & Poor’s sector Component Securities included in a TIR the listing of additional TIRs, the classification is the same as the sector as a result of a distribution or exchange Exchange revised the existing listing classification represented by the other event are widely held (having been criteria and trading rules to permit the Component Securities in the trust at the distributed to all of the shareholders listing and trading of TIRs pursuant to time of the merger, consolidation, holding the original Component Rule 19b–4(e).5 The Exchange corporate combination or other event. Security), traded through the facilities of established the following eligibility As a result of this change, a security an exchange or Nasdaq and registered criteria for Component Securities that is automatically deposited into the under section 12 of the Act.6 represented by a series of TIRs: trust as a result of a distribution or a • Each Component Security must be corporate event may remain in the trust 2. Statutory Basis registered under section 12 of the even though it does not meet all of the The Exchange believes the proposed Exchange Act; initial eligibility requirements set forth rule change is consistent with section • Each Component Security must in Commentary .01 to Amex Rule 1202. 6(b) of the Act 7 in general, and furthers have a minimum public float of at least For example, securities distributed by the objectives of section 6(b)(5) 8 in $150 million; an issuer or exchanged in a merger particular, in that it is designed to • Each Component Security must be generally do not have measurable price prevent fraudulent and manipulative listed on a U.S. national securities and trading histories, and may not have acts and practices, promote just and exchange or traded through the facilities a minimum public float of $150 million. equitable principles of trade, remove of Nasdaq and a reported national There is no requirement to review the impediments to and perfect the market system security; securities that are represented by TIRs mechanisms of a free and open market • Each Component Security must on an ongoing basis to determine and a national market system, and, in have an average daily trading volume of whether Component Securities continue general, protect investors and the public at least 100,000 shares during the to meet the initial eligibility interest. preceding sixty-day trading period; requirements. The Exchange now • Each Component Security must proposed to amend Amex Rule 1202 to B. Self-Regulatory Organization’s have an average daily dollar value of provide eligibility requirements for a Statement on Burden on Competition shares traded during the preceding Component Security that became part of The proposed rule change will impose sixty-day trading period of at least $1 a trust when the security was either: (a) no burden on competition that is not million; and Distributed by a company already necessary or appropriate in furtherance • The most heavily weighted included as a Component Security in of the purposes of the Act, as amended. Component Security may not initially the series of TIRs; or (b) received in represent more than 20% of the overall exchange for the securities of a company C. Self-Regulatory Organization’s value of the TIR. previously included as a Component Statement on Comments on the Recently, the rules relating to the Security and that are no longer Proposed Rule Change Received From distributions of securities by outstanding due to a merger, Members, Participants or Others Component Securities in a trust has consolidation, corporate combination or No written comments were solicited been revised to provide: (a) If a other event. The eligibility requirements or received with respect to the proposed company whose securities are included for such Component Securities are as rule change. in a series of TIRs distributes a security, follows: the distributed security will remain in • Such Component Security must be III. Solicitation of Comments the trust as a Component Security if it listed on national securities exchange or Interested persons are invited to is listed for trading on a U.S. national traded through the facilities of Nasdaq submit written data, views and securities exchange or through the and a reported national market system arguments concerning the foregoing, facilities of Nasdaq and its Standard & security; including whether the proposed rule Poor’s sector classification is the same • Such Component Security must be change, as amended, is consistent with registered under Section 12 of the the Act. Persons making written 4 See Securities Exchange Act Release No. 41892 Exchange Act; and submissions should file six copies (September 21, 1999), 64 FR 52559 (September 29, • Such Component Security must thereof with the Secretary, Securities 1999). have a Standard & Poor’s Sector 5 Rule 19b–4(e), adopted by the Commission on and Exchange Commission, 450 Fifth December 8, 1998, permits the Exchange to list and Classification that is the same as the Street, NW., Washington, DC 20549– trade new derivative securities products without a Standard & Poor’s Sector Classification 0609. Copies of the submission, all rule change provided the Exchange has in place represented by Component Securities subsequent amendments, all written trading rules, procedures, a surveillance program already included in the TIR at the time and listing standards that pertain to the class of securities covering the new product. See Securities of the distribution or exchange. 6 15 U.S.C. 78l. Exchange Act Release No. 40761 (December 8, The Exchange believes that it is 7 15 U.S.C. 78f(b). 1998), 63 FR 70921 (December 22, 1998). appropriate in these limited situations 8 15 U.S.C. 78f(b)(5).
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statements with respect to the proposed one or more trusts issuing TIRs. Title: Other funding under the SBDC rule change that are filed with the Accordingly, the Commission finds that Umbrella. Commission, and all written it is consistent with section 6(b)(5) of No: 2186. communications relating to the the Act 13 to approve the proposal on an Frequency: On Occasion. proposed rule change between the accelerated basis to accommodate such Description of Respondents: SBA Commission and any person, other than possibility. Business Development Centers. those that may be withheld from the It Is Therefore Ordered, pursuant to Annual Responses: 58. public in accordance with the section 19(b)(2) of the Act,14 that the Annual Burden: 29. provisions of 5 U.S.C. 552, will be proposed rule change (SR–Amex–2001– available for inspection and copying in 04) and Amendment No. 1 are hereby Jacqueline White, the Commission’s Public Reference approved on an accelerated basis. Chief, Administrative Information Branch. Room. Copies of such filing will also be For the Commission, by the Division of [FR Doc. 01–13009 Filed 5–22–01; 8:45 am] available for inspection and copying at Market Regulation, pursuant to delegated BILLING CODE 8025–01–P the principal office of the Amex. All authority.15 submissions should refer to the File No. Jonathan G. Katz, SR–Amex–2001–04 and should be Secretary. submitted by June 13, 2001. [FR Doc. 01–12934 Filed 5–22–01; 8:45 am] SOCIAL SECURITY ADMINISTRATION IV. Commission’s Findings and Order BILLING CODE 8010–01–M Granting Accelerated Approval of Office of the Commissioner; Benefit Proposed Rule Change Adjustments Pursuant to Public Law 106–554 After careful review, the Commission SMALL BUSINESS ADMINISTRATION finds that the proposed rule change, as AGENCY: Social Security Administration. Reporting and Recordkeeping amended, is consistent with the ACTION: Notice. requirements of the Act and the rules Requirements Under OMB Review and regulations thereunder applicable to AGENCY: Small Business Administration. SUMMARY: Pub. L. 106–554 authorizes a national securities exchange, and in ACTION: Notice of Reporting Federal agencies to compensate particular, the requirements of section Requirements Submitted for OMB beneficiaries, to the extent practicable 6(b)(5) of the Act.9 Specifically, the Review. and feasible, for any shortfall in benefits Commission finds that the proposal to that may have been caused by an error provide an alternate eligibility criteria SUMMARY: Under the provisions of the that affected the Consumer PriceIndex for Component Securities received as Paperwork Reduction Act (44 U.S.C. starting in 1999. This index, produced part of a distribution or as a result of a Chapter 35), agencies are required to by the Bureau of Labor Statistics in the merger, consolidation, corporate submit proposed reporting and Department of Labor, was slightly combination or other event to remain in recordkeeping requirements to OMB for understated for certain months in the trust will prevent fraudulent and review and approval, and to publish a 1999.Pursuant to Pub. L. 106–554, the manipulative acts and practices, notice in the Federal Register notifying Commissioner has determined that promote just and equitable principles of the public that the agency has made some recipients of Social Security and trade, facilitate transactions in such a submission. Supplemental Security Income benefits securities, remove impediments to and DATES: Submit comments on or before did experience a shortfall in payments perfect the mechanism of a free and June 22, 2001. If you intend to comment in 2000 and 2001 due to the Consumer open market and a national market but cannot prepare comments promptly, PriceIndex error. This is because the system and, in general, protect investors 2.4-percent cost-of-living increase, and the public interest, and is not please advise the OMB Reviewer and the Agency Clearance Officer before the promulgated in the Federal Register on designed to permit unfair October 25, 1999, would have been 2.5 discrimination between customers, deadline. 10 Copies: Request for clearance (OMB percent in the absence of the 1999 issuers, brokers or dealers. Consumer Price Index error. The Amex has requested that the 83–1), supporting statement, and other proposed rule change be given documents submitted to OMB for Accordingly, the Commissioner has accelerated approval pursuant to section review may be obtained from the proposed, and the Office of Management 19(b)(2) of the Act.11 Agency Clearance Officer. and Budget has approved, a plan for The Commission finds good cause for ADDRESSES: Address all comments making the appropriate compensation approving the proposed rule change concerning this notice to: Agency payments under Pub. L. 106–554.By prior to the thirtieth day after the date Clearance Officer, Jacqueline White, August 1, 2001, we will make a one- of publication of the notice of filing Small Business Administration, 409 3rd time payment that compensates for the thereof in the Federal Register pursuant Street, SW., 5th Floor, Washington, D.C. entire shortfall experienced in months to section 19(b)(2).12 There are TIRs 20416; and OMB Reviewer, Office of prior to August 2001. Benefits paid in currently listed and trading that have Information and Regulatory Affairs, August 2001 and later will be adjusted adopted the revised distribution Office of Management and Budget, New as if the Consumer Price Index error had provisions and such distributed or Executive Office Building, Washington, not occurred. In this notice we are exchange securities may have or will D.C. 20503. announcing the appropriate bases and shortly become Component Securities in FOR FURTHER INFORMATION CONTACT: formulas we will use to compute Jacqueline White, Agency Clearance benefits to be paid in August 2001 and 9 15 U.S.C. 78f(b)(5). Officer, (202) 205–7044. thereafter. 10 In approving this proposed rule change, the SUPPLEMENTARY INFORMATION FOR FURTHER INFORMATION CONTACT: Commission notes that it has considered the : proposed rule’s impact on efficiency, competition, Jeffrey L. Kunkel, Office of the Chief and capital formation. 15 U.S.C. 78c(f). 13 15 U.S.C. 78f(b)(5). Actuary,Social Security Administration, 11 15 U.S.C. 78s(b)(2). 14 15 U.S.C. 78s(b)(2). 6401 Security Boulevard, Baltimore, MD 12 15 U.S.C. 78s(b)(2). 15 17 CFR 200.30–3(a)(12). 21235, (410) 965–3013.
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Background Basis for Compensation and pursuant to Pub. L. 106–554, we will Adjustment calculate title II benefits, to be paid in Sections 215(i)(1) and 1617 of the Bulletin No. 01–04 from the August 2001 and later, as if the Social Security Act (the Act) provide December 1999 cost-of-living increase that the Consumer Price Index (CPI) be ExecutiveOffice of the President, Office of Management and Budget, dated had been 2.5 percent. Such calculation used to determine ‘‘automatic’’ applies only in the case of workers and adjustments to benefits under title II and January 16,2001, contains the recalculated CPI values for 1999 (these family members for whom eligibility for title XVI of the Act. The Bureau of Labor benefits (that is, the worker’s attainment Statistics (BLS) in the Department of were not published as revisions by the BLS). For the quarter ending September of age 62, or disability or death before Labor publishes the CPI. On September age 62) occurred before 2000. 28, 2000, the BLS announced their 30, 1999, the published CPI for Urban Wage Earners and Clerical Workers was For eligibility after 1978, we generally discovery of a software error used in the determine benefits by means of a CPI calculation, affecting the calculation in error only for the month of September. The published CPI for formula. This formula, while unaffected for months after 1998. The BLS by the CPI error, produces an initial recalculated the CPI for each month September 1999 is 164.7 while the recalculated value is 164.8. Thus, the benefit that is subsequently increased from January 1999 through August 2000. with cost-of-living increases that Based on criteria related to the size of recalculated CPI values for this quarter are: July 1999, 163.3; August 1999, become effective in or after the first year the error, the BLS revised the CPI for of eligibility. January 2000 through August 2000, but 163.8; and for September 1999, 164.8. The average CPI for this calendar For eligibility before 1979, we did not revise the index for January determine title II benefits by means of through December of 1999. quarter was originally determined based on published values to be 163.9. It is a benefit table. Both the table for Effects of Pub. L. 106–554 164.0 based on the recalculated CPI December 1999 and the table for values. The average CPI for the third December 2000 are affected when they Section 308 of Pub. L. 106–554, quarter of 1998 is 160.0 (this was are computed as if the cost-of-living enacted December 21,2000, requires the unaffected by the computation error). increase for December 1999 had been Office of Management and Budget and Thus, on a recalculated basis, the 2.5 percent. The table for December Federal agencies that administer benefit average CPI for the quarter ending 2000 is affected because values in that programs to determine whether the CPI September 30, 1999, exceeds the average table are dependent on those in the computation error for 1999 resulted in for the quarter ending September 30, December 1999 table. A copy of either a shortfall in payments to beneficiaries 1998, by 2.5 percent. adjusted table is available on the and to compensate beneficiaries for any The quarter ending September 30, Internet at http://www.ssa.gov/OACT/ such shortfall. We determined that the 1999, was a cost-of-living computation ProgData/tableForm.html. For a printed 2.4-percent cost-of-living increase, quarter for all purposes of the Act. The copy, write to:Social Security promulgated in the Federal Register on average CPI for the quarter ending Administration, Office of Public October 25, 1999, would have been 2.5 September 30, 2000, (169.7 as published Inquiries, 4100 Annex, Baltimore, MD percent in the absence of the 1999 CPI October 24, 2000 in the Federal 21235. error. We also determined that the 3.5- Register) exceeds that for the quarter Other title II benefits given by specific percent cost-of-living increase, ending September 30, 1999 on either tables are ‘‘special minimum’’ benefits, promulgated in the Federal Register on basis, (164.0 recalculated or 163.9 based as described in section 215(a)(1)(C)(i) of October 24, 2000, was not affected by on BLS-published monthly CPIs) by 3.5 the Act. As in the case of the benefit the 1999 CPI error. In compliance with percent. Thus, the cost-of-living tables applicable to beneficiaries eligible Pub. L. 106–554, payments will be made increase for December 2000 remains 3.5 before 1979, the special minimum to compensate for the past shortfall, and percent, unchanged from the value benefit tables for both December 1999 ongoing payments will be increased to previously promulgated. and December 2000 are affected by the extent required to remove the effects computation as if the December 1999 of the CPI error. The following describes Title II Benefits cost-of-living increase had been 2.5 the basis for such compensation and Consistent with the above cost-of- percent. The adjusted tables are shown adjustment. living increase calculations and below.
SPECIAL MINIMUM PRIMARY INSURANCE AMOUNTS AND MAXIMUM FAMILY BENEFITS
Payable for December 1999 Payable for December 2000 Number of years of coverage Primary insurance Maximum family Primary insurance Maximum family amount benefit amount benefit
11 ...... $28.50 $43.20 $29.40 $44.70 12 ...... 57.50 86.90 59.50 89.90 13 ...... 86.80 130.50 89.80 135.00 14 ...... 115.60 174.00 119.60 180.00 15 ...... 144.70 217.30 149.70 224.90 16 ...... 173.80 261.30 179.80 270.40 17 ...... 202.90 305.10 210.00 315.70 18 ...... 232.00 348.60 240.10 360.80 19 ...... 261.00 392.20 270.10 405.90 20 ...... 290.00 435.70 300.10 450.90 21 ...... 319.40 479.70 330.50 496.40 22 ...... 348.20 523.10 360.30 541.40 23 ...... 377.60 567.40 390.80 587.20 24 ...... 406.70 610.70 420.90 632.00 25 ...... 435.70 653.90 450.90 676.70
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SPECIAL MINIMUM PRIMARY INSURANCE AMOUNTS AND MAXIMUM FAMILY BENEFITS—Continued
Payable for December 1999 Payable for December 2000 Number of years of coverage Primary insurance Maximum family Primary insurance Maximum family amount benefit amount benefit
26 ...... 465.10 698.40 481.30 722.80 27 ...... 494.00 741.70 511.20 767.60 28 ...... 523.00 785.20 541.30 812.60 29 ...... 552.00 829.00 571.30 858.00 30 ...... 581.10 872.30 601.40 902.80
Title XVI Benefits above, the corresponding adjusted meeting. Enter the building at the main Supplemental Security Income (SSI) monthly amounts for 2001 are $531, entrance on 14th Street. payment levels for the aged, blind, and $796, and $266. Again, of these 3 Members of the general public may disabled, payable under title XVI of the monthly amounts, only the amount for attend these meetings. Directions to Social Security Act, are increased an eligible individual ($531) is higher meeting locations and actual room annually with cost-of-living increases. than the previously determined value assignments may be determined by For SSI payment levels for the year for 2001. calling the Secretariat at 202 647–0965/ 2000, we used a cost-of-living increase Dated: May 18, 2001. 2592. For meetings held at the of 2.4 percent based on published CPI Larry G. Massanari, Department of State: entrance to the building is controlled; people intending figures. Pursuant to Pub. L. 106–554, in Acting Commissioner of Social Security. order to compensate for the shortfall in to attend any of the ITAC meetings [FR Doc. 01–13131 Filed 5–21–01; 11:23 am] should send a fax to (202) 647–7407 not past benefit payments and provide the BILLING CODE 4191–02–P basis for adjusting ongoing and future later than 24 hours before the meeting payments, we will adjust the title XVI for preclearance. This fax should display the name of the meeting (ITAC Federal payment levels as if the cost-of- DEPARTMENT OF STATE living increase for January 2000 had T, U.S. Study Group) and date of been 2.5 percent. Accordingly, we [Public Notice 3664] meeting, your name, social security provide the following calculations of number, date of birth, and United States International title XVI payment levels. organizational affiliation. One of the For 1999, we derived the monthly Telecommunication Advisory following valid photo identifications benefit amounts for an eligible Committee (ITAC)— will be required for admission: U.S. individual, an eligible individual with Telecommunication Standardization driver’s license, passport, U.S. an eligible spouse, and for an essential Sector (ITAC–T) and U.S. Study Group Government identification card. Enter person from yearly unrounded Federal A & B; Notice of Meetings the Department of State from the C SSI benefit amounts of $6,010.02, The Department of State announces Street Lobby; in view of escorting $9,014.01, and $3,011.89. For adjusted meetings of the U.S. International requirements, non-Government 2000 values, these yearly unrounded Telecommunication Advisory attendees should plan to arrive not less amounts increase by 2.5 percent (on a Committee—Telecommunication than 15 minutes before the meeting recalculated basis) to $6,160.27, Standardization (ITAC–T) National begins. $9,239.36, and $3,087.19 respectively. Committee and US Study Group A and Attendees may join in the Each of these resulting amounts must be B. The purpose of the Committees is to discussions, subject to the instructions rounded, when not a multiple of $12, to advise the Department on policy and of the Chair. Admission of members will the next lower multiple of $12. technical issues with respect to the be limited to seating available. Accordingly, the corresponding International Telecommunication Union Dated: May 15, 2001. adjusted annual amounts, effective for and international telecommunication Marian Gordon, 2000, are $6,156, $9,228, and $3,084. standardization and development. Director, Telecommunication & Information Dividing the yearly amounts by 12 gives Except where noted, meetings will be Standardization, U.S. Department of State. the corresponding monthly amounts for held at the Department of State, 2201 [FR Doc. 01–13148 Filed 5–21–01; 2:08 pm] 2000—$513, $769, and $257, ‘‘C’’ Street, NW., Washington, DC. BILLING CODE 4710–45–P respectively. Of these 3 monthly The ITAC–T National Committee will amounts, only the $513 amount for an meet on May 30, 2001, from 2:00 to 5:00 eligible individual is higher than the at a location to be determined to previously determined value for 2000 continue drafting new ITAC–T DEPARTMENT OF TRANSPORTATION (based on the published CPI). Guidelines. Office of the Secretary Similarly, SSI payment levels for the The ITAC–T U.S. Study Group A will aged, blind, and disabled increased by meet from 9:30 to noon on June 4, 2001, Aviation Proceedings, Agreements 3.5 percent effective for January 2001. to prepare for meetings of ITU–T Study filed during the week ending May 11, For 2001, the adjusted yearly Groups 2 and 3 at a location to be 2001 unrounded amounts for 2000, as shown determined. above, increase by 3.5 percent to US Study Group B will meet on The following Agreements were filed $6,375.88, $9,562.74, and $3,195.24 for Thursday, June 14, 2001 from 9:30 to with the Department of Transportation an eligible individual, an eligible 3:30 at the Department of Commerce, under the provisions of 49 U.S.C. 412 individual with an eligible spouse, and Room B841A, 1401 Constitution Ave, and 414. Answers may be filed within for an essential person, respectively. NW., Washington, DC 20230 to prepare 21 days after the filing of the Following the procedure outlined for the next ITU–T Study Group 4 application.
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Docket Number: OST–2001–9642 between 8 a.m. and 4 p.m., Monday DATES: The meeting will be held June Date Filed: May 9, 2001 through Friday, except Federal holidays, 12–13, 2001 starting at 9:00 a.m. Parties: Members of the International Telephone (216) 902–6010. Any ADDRESSES: The meeting will be held at Air Transport Association interested party may request a copy of RTCA, Inc., 1140 Connecticut Avenue, Subject: PTC2 EUR 0373 dated 8 May the EIS by writing or calling the NW., Suite 1120, Washington, DC 2001 National Technical Information Service, 20036. TC2 Within Europe Expedited 5285 Port Royal Road, Springfield, Resolutions r1–r4 Virginia, 22161, (800) 553–6847 and FOR FURTHER INFORMATION CONTACT: Intended effective date: 31 May 2001 asking for document number PB 2000– RTCA Secretariat, 1140 Connecticut Docket Number: OST–2001–9651 105–877. Avenue, NW., Washington, DC 20036; telephone (202) 833–9339; fax (202) Date Filed: May 9, 2001 FOR FURTHER INFORMATION CONTACT: For Parties: Members of the International questions regarding the Record of 833–9434; web site http://www.rtca.org. Air Transport Association Decision, contact LCDR Clayton SUPPLEMENTARY INFORMATION: Pursuant Subject: Diamond, Ninth Coast Guard District to section 10(a)(2) of the Federal MV/PSC/109 dated April 4, 2001 Legal Office, 1240 East Ninth Street, Advisory Committee Act (Public Law Mail Vote S075 (Euro-Related Room 2075, Cleveland, Ohio 44199– 92–463, 5 U.S.C., Appendix 2), notice is Resolutions/RP) r1–r7 2060, Telephone (216) 902–6010. For hereby given for a Special Committee Intended effective date: 1 June 2001 questions regarding the FEIS, contact 147 meeting. The agenda will include: Docket Number: OST–2001–9669 Mr. Frank Blaha, U.S. Coast Guard Civil • June 12, 13: Date Filed: May 11, 2001 Engineering Unit, 1240 East Ninth • Opening Session (Welcome and Parties: Members of the International Street, Room 2179, Cleveland, Ohio Introductory Remarks, Review/ Air Transport Association 44199–2060, Telephone (216) 902–6258. Approve Summary of Previous Subject: SUPPLEMENTARY INFORMATION: The Meeting, Review of Open Action PTC2 EUR 0374 dated 11 May 2001 Record of Decision is based upon the Items) • Within Europe Expedited Resolutions FEIS for USCG icebreaking operations FAA Traffic Alert and Collision r1–r20 on the Great Lakes. The USCG will Avoidance System (TCAS) Program PTC2 EUR 0375 dated 11 May 2001 implement the preferred alternative by Status Report (FAA Headquarters, Within Europe Expedited Resolutions continued icebreaking operations in Technical Center and ARINC 002q, 078y r21–r22 order to engage in the agency’s primary Monitoring Program) • PTC2 EUR 0376 dated 11 May 2001 duties: facilitation of shipping, flood EUROCONTROL TCAS Transition Within Europe Expedited Resolution control, search and rescue, and research Program (Implementation Status, 002L r23 and development, through icebreaking Problems Discovered from Intended effective dates: 1 June, 15 in the Great Lakes. All practicable Europeans, Monitoring Programs, June, 1 July 2001 measures to avoid or minimize EMOTION/7 Discussions) • Dorothy Y. Beard, environmental impacts from winter Requirements Working Group (RWG) report on RWG proposed Federal Register Liaison. commercial shipping operations, changes to DO–185A and review of [FR Doc. 01–12975 Filed 5–22–01; 8:45 am] including icebreaking, have been identified and incorporated in the RWG recommendations BILLING CODE 4910–62–P • preferred alternative. Closing Session (Future Actions/ Activities, Date and Place of Next Dated: May 3, 2001. Meeting, Adjourn) DEPARTMENT OF TRANSPORTATION James D. Hull, Attendance is open to the interested Rear Admiral, U.S. Coast Guard, Commander, Coast Guard Ninth Coast Guard District. public but limited to space availability. With the approval of the chairmen, [FR Doc. 01–12980 Filed 5–22–01; 8:45 am] [CGD09–01–027] members of the public may present oral BILLING CODE 4910–15–U Great Lakes Icebreaking: Recording statements at the meeting. Persons Decision on Final Environmental wishing to present statements or obtain Impact Statement DEPARTMENT OF TRANSPORTATION information should contact the person listed in the FOR FURTHER INFORMATION AGENCY: Coast Guard, DOT. Federal Aviation Administration CONTACT section. Members of the public ACTION: Notice of availability. may present a written statement to the RTCA Special Committee 147: committee at any time. SUMMARY: The Coast Guard announces Minimum Operational Performance Issued in Washington, DC, on May 17, the availability of its Record of Decision Standards for Traffic Alert and 2001. for the Final Environmental Impact Collision Avoidance Systems Airborne Janice L. Peters, Statement (‘‘FEIS’’) issued on 26 July Equipment 2000. In accordance with the National FAA Special Assistant, RTCA Advisory Committee. Environmental Policy Act and the AGENCY: Federal Aviation Council of Environmental Quality Administration (FAA), DOT. [FR Doc. 01–13050 Filed 5–22–01; 8:45 am] Regulations, the Coast Guard has ACTION: Notice of RTCA Special BILLING CODE 4910–13–M approved the preferred alternative for Committee 147 meeting. Ninth Coast Guard District icebreaking SUMMARY: The FAA is issuing this notice activity. to advise the public of a meeting of DEPARTMENT OF THE TREASURY ADDRESSES: The Record of Decision is RTCA Special Committee 147: Proposed Collection; Comment available for inspection or copying at Minimum Operational Performance Request the Ninth Coast Guard District Legal Standards for Traffic Alert and Collision Office, 1240 East Ninth Street, Room Avoidance Systems Airborne AGENCY: Financial Crimes Enforcement 2075, Cleveland, Ohio 44199–2060 Equipment. Network (‘‘FinCEN’’), Treasury.
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ACTION: Notice and request for This notice proposes no changes to comments to assist with this estimate. In comments. the current text of the TD F 90–22.49 or this connection, FinCEN requests its instructions. commenters to identify any additional SUMMARY: In order to comply with the In accordance with requirements of costs associated with the completion of requirements of the Paperwork the Paperwork Reduction Act of 1995, the form. These comments on costs Reduction Act of 1995 concerning 44 U.S.C. 3506(c)(2)(A), and its should be divided into two parts: (1) proposed extensions of information implementing regulations, 5 CFR 1320, Any additional costs associated with collection requirements, FinCEN is the following information concerning reporting; and (2) any additional costs soliciting comments concerning the collection of information on TD F associated with recordkeeping. Treasury Form TD F 90–22.49, 90–22.49, is presented to assist those Responses to the questions posed by Suspicious Activity Report by Casinos persons wishing to comment on the this notice will be summarized and (‘‘SARC’’), which is used by Nevada information collection. The estimates included in the request for Office of casinos to file reports with the U.S. below are based on FinCEN’s experience Management and Budget approval. All Department of the Treasury of with SARC forms that were filed during comments will become a matter of potentially suspicious transactions and calendar year 2000. public record. activities that may occur by, at, or Title: Suspicious Activity Report by Dated: May 15, 2001. through a Nevada casino. Casinos (‘‘SARC’’). James F. Sloan, Form Number: TD F 90–22.49. DATES: Written comments must be Director, Financial Crimes Enforcement received on or before July 23, 2001. OMB Number: 1506–0006. Type of Request: Extension of a Network. ADDRESSES: Direct all written comments currently approved information [FR Doc. 01–13059 Filed 5–22–01; 8:45 am] to the Financial Crimes Enforcement collection. BILLING CODE 4820–03–P Network, Office of Compliance and Description of Respondents: Regulatory Enforcement, Attn.: SARC Businesses. Comments, Suite 200, 2070 Chain Estimated Number of Respondents: DEPARTMENT OF THE TREASURY Bridge Road, Vienna, VA 22182–2536. 110. Office of the Comptroller of the Estimated Number of Annual FOR FURTHER INFORMATION CONTACT: Currency Requests for additional information or Responses: 107. for a copy of the SARC form should be Frequency: As required. [Docket No. 01–10] directed to Leonard C. Senia, Regulatory Estimate of Burden: Reporting average Program Specialist (Team Leader), of 31 minutes per response; Preemption Determination recordkeeping average of 5 minutes per Office of Compliance and Regulatory AGENCY: Office of the Comptroller of the response. Enforcement, (202) 354–6412; or Stacie Currency, Treasury. Estimate of Total Annual Burden on A. Larson, Office of Chief Counsel, (703) ACTION: Notice. 905–3590. A copy of the SARC form can Respondents: Reporting burden be obtained through the Internet at estimate=55 hours; recordkeeping SUMMARY: The Office of the Comptroller http://www.treas.gov/fincen/ burden estimate=9 hours. Estimated of the Currency (OCC) is publishing its forms.html. (Also, comments may be combined total of 64 hours. response to a written request for the submitted by electronic mail to the Estimate of Total Annual Cost to OCC’s opinion of whether Federal law following Internet address: Respondents for Hour Burdens: Based would preempt a Michigan statute, as ‘‘[email protected]’’ with on $20 per hour, the total cost to the interpreted by the Michigan Financial the caption in the body of the text, public is estimated to be $1,280. Institutions Bureau, that limits the Estimate of Total Other Annual Costs ‘‘Attention: PRA Comments—SARC’’). ability of national banks to make loans to Respondents: None. SUPPLEMENTARY INFORMATION: The to finance motor vehicle sales. The OCC gaming regulation of the State of Nevada Request for Comments has determined that the state law, as requires certain casinos licensed by that FinCEN specifically invites comments interpreted, would be preempted under state to report suspicious transactions to on the following subjects: (a) Whether Federal law. the Treasury Department. See, Nevada the proposed collection of information FOR FURTHER INFORMATION CONTACT: Gaming Commission Regulation 6A, is necessary for the proper performance MaryAnn Nash, Counsel, or Mark Section 100, effective October 1, 1997. of the mission of FinCEN, including Tenhundfeld, Assistant Director, Regulation 6A applies to all Nevada whether the information shall have Legislative and Regulatory Activities casinos with gross annual gaming practical utility; (b) the accuracy of Division, (202) 874–5090. revenue in excess of $10 million and FinCEN’s estimate of the burden of the SUPPLEMENTARY INFORMATION: The having an annual table games statistical proposed collection of information; (c) request for a preemption opinion was win in excess of $2,000,000. TD F 90– ways to enhance the quality, utility, and submitted by two national banks, 22.49 is the form used to make the clarity of the information to be headquartered in Ohio, that are engaged report. collected; and (d) ways to minimize the in the business of motor vehicle Information collected on the SARC burden of the collection of information financing in Ohio and other states will be made available, in accordance on respondents, including through the (collectively, the Requesters). As part of with strict safeguards, to appropriate use of automated collection techniques that business, the Requesters engage in criminal law enforcement and or other forms of information motor vehicle sales financing through regulatory personnel in the official technology. automobile dealers. In these performance of their duties. The In addition, the Paperwork Reduction arrangements, the Requesters enter into information collected is used for Act of 1995 requires agencies to agreements with dealers under which regulatory purposes and in estimate the total annual cost burden to the dealers act as the Requesters’ agents investigations involving money respondents or recordkeepers resulting for the purpose of soliciting loans to laundering, tax violations, fraud, and from the collection of information. finance motor vehicles, taking other financial crimes. Thus, FinCEN also specifically requests applications for the vehicle loans,
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preparing loan documentation, and OCC is publishing its response to the However, in order for a motor vehicle obtaining the buyers’ signatures. The request as an appendix to this notice. installment sale contract to comply with the MVSFA: (1) The dealer must originate the Requesters prescribe the terms of the Dated: May 15, 2001. loan, including the interest rate, fund loan as a licensed installment seller of motor John D. Hawke, Jr., vehicles; and (2) the bank may only purchase the loan, and issue loan approvals in Comptroller of the Currency. the loan as a licensed sales finance Ohio. company.3 The transaction must also comply In a ruling dated January 1, 2000, the Appendix with the several other requirements of the Michigan Financial Institutions Bureau MVSFA that apply to installment sale Thomas A. Plant contracts.4 This interpretation of the MVSFA (FIB) issued a declaratory ruling in Senior Vice President, Assistant General effectively prohibits a national bank from which it concluded that the proposed Counsel, National City Bank, 1900 East originating motor vehicle loans using a dealer arrangement between the Requesters Ninth Street, Cleveland, OH 44114–3484 as the bank’s agent. You asked our view on and the dealers would result in Daniel W. Morton ‘‘installment sales contracts’’ governed whether Federal law would preempt the Vice President and Senior Counsel, The MVSFA as interpreted by the FIB. by the Michigan Motor Vehicle Sales Huntington National Bank, Legal The OCC published a notice of your Act (MVSFA). Compliance with the Department, 10th Floor, Huntington request in the Federal Register,5 and invited MVSFA effectively would prohibit the Center, Columbus, OH 43287 interested parties to comment. The OCC Requesters from originating motor Re: Michigan Motor Vehicles Sales Finance received thirteen comments in response to vehicle loans using dealers as agents. Act the notice. Several commenters opined that The Requesters have asked for the Dear Messrs. Plant and Morton: This Federal law does preempt the state law in OCC’s opinion on whether the National responds to your letters dated September 14, question. These commenters cited the Bank Act would preempt the MVSFA as 2000 and September 21, 2000 (collectively, authority of national banks under 12 U.S.C. interpreted by the FIB. The Requesters the Letters) on behalf of National City Bank, 24(Seventh) to engage in lending activities note that the National Bank Act Cleveland, Ohio and The Huntington and other activities necessary to carry on the business of banking. These commenters also expressly authorizes national banks to National Bank, Columbus, Ohio (collectively, the Banks). In the Letters, you request noted that Federal law preempts state laws make loans as well as to engage in confirmation by the Office of the Comptroller that purport to regulate an activity that is activities incidental to lending. 12 of the Currency of your view that Federal law authorized by Federal law and that insured U.S.C. 24 (Seventh). The Requesters preempts a Michigan statute, as interpreted depository institutions are free to engage in assert the FIB’s characterization of its by the Michigan Financial Institutions the full range of permissible activities in proposed program as an ‘‘installment Bureau (FIB), that limits the ability of accordance with the Gramm-Leach-Bliley-Act sales contract’’ subject to the provisions national banks to make loans to finance (GLBA). of the MVSFA impairs their ability to motor vehicle sales. For the reasons The remaining commenters opined that exercise a Federally authorized power. discussed below, we conclude that Federal Federal law should not be viewed as preempting the MVSFA as interpreted by the As is explained in greater detail in the law would preempt the Michigan statute as interpreted by the FIB. FIB. One of these commenters, the Michigan response, the OCC agrees that national Commissioner of the Office of Financial and banks are authorized under 12 U.S.C. 24 Background Insurance Services, submitted a lengthy (Seventh) to engage in the business of The Banks are national banks comment restating the conclusions reached lending, either directly or through an headquartered in Ohio with offices in several by the FIB in its Declaratory Ruling and agent. The OCC further agrees that the other states. The Banks are engaged in the raising several other arguments opposing Michigan law, as interpreted by the FIB, business of motor vehicle financing in Ohio Federal preemption of what the State would be preempted. It frustrates the and other states. The Banks typically engage regulator views as a State consumer Requesters ability to exercise their in motor vehicle sales financing through protection act. The other commenters automobile dealers. In these arrangements, asserted, variously, that the Riegle-Neal Act lending authority by limiting the the Banks enter into agreements with the requires a national bank to establish a branch Requesters’ use of agents, it prohibits dealers under which the dealers act as the in order to lend money in another state, that the Requesters from charging interest Banks’ agents for the purpose of soliciting the OCC should not issue any opinion stating rates permitted by their home state as loans to finance motor vehicles, taking authorized by 12 U.S.C. 85, and it seeks applications for the vehicle loans, preparing under which part or all of the price is payable in to apply a state licensing requirement to the loan documentation, and obtaining the 2 or more scheduled payments subsequent to the national banks, as a precondition to buyers’ signatures on all required documents. making of the contract * * *.’’ Michigan Compiled their exercise of powers granted under The Banks prescribe the terms of the loan, Laws (MCL) 492.102(9); Michigan Sales Act (MSA) including the minimum interest rate, and 23.628(2)(9). Federal law. 3 MCL 492.103(a)and (b); MSA 23.628(3)(a) and Section 114 of the Riegle-Neal fund the loans and issue loan approvals in Ohio. (b). 4 Interstate Banking and Branching Because of questions regarding the These include, for example, provisions Efficiency Act of 1994 generally requires interpretation of Michigan law, the Banks concerning the form and contents of an installment the OCC to publish notice in the Federal sales contract, disclosures that must be made to the first sought a declaratory ruling from FIB on buyer, the amount and computation of fees and Register of requests for preemption the applicability of the Michigan Motor finance charges, and prohibited charges. See MCL opinions in one of the four specified Vehicle Sales Act (the MVSFA) to this 492.112–492.134. areas: community reinvestment, proposed arrangement. In a ruling dated 5 See 65 FR 63917 (October 25, 2000)(the Notice). consumer protection, fair lending, or the January, 1, 2000 (the Ruling),1 the FIB As stated in the Notice, section 114 of the Riegle- concluded that, the proposed arrangement Neal Interstate Banking and Branching Efficiency establishment of intrastate branches. 12 Act of 1994 (the Riegle-Neal Act) (Pub. L. 103–328, U.S.C. 43. Section 114 also requires the between the banks and Michigan motor vehicle dealers would result in ‘‘installment sec. 114, 108 Stat. 2338, 2366–68 (1994), codified OCC to publish any final opinion letter sale contracts’’ subject to the MVSFA.2 at 12 U.S.C. 43) requires the OCC to publish notice in which the OCC concludes that in the Federal Register before issuing a final written opinion about the preemptive effect of Federal law Federal law preempts a state law in one 1 In the Matter Of: Request by Rodney D. Martin in the areas of community reinvestment, consumer of these four areas. Without expressly on Behalf of National City Bank for a Declaratory protection, fair lending, and the establishment of determining whether section 114 Ruling on the Applicability of the Motor Vehicle interstate branches. Without making a applied to this request, the OCC Sales Finance Act to Certain Transactions (January determination as to whether section 114 applies to 1, 2000). this preemption opinion request, the OCC decided published a Notice of Request for 2 Section 2 of the MVSFA defines an ‘‘installment that it was appropriate to use notice and comment Preemption Determination dated sale contract’’ as one ‘‘for the retail sale of a motor procedures given the significance of the legal issues October 25, 2000 (65 FR 63917). The vehicle, or which has a similar purpose or effect, presented.
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or implying that non-bank entities may regulations are satisfied. 12 CFR §§ 7.1003(b), Third, the state law may conflict with a benefit from the preemptive effect of the 7.1004(b). Federal law. See, e.g., Franklin National National Bank Act when they act as agents Finally, under 12 U.S.C. 85, national banks Bank, 347 U.S. 373 (1954); Davis v. Elmira for national banks, and that the OCC should may charge interest in accordance with the Savings Bank, 161 U.S. 275 (1896). In defer to Michigan regulator’s interpretation of laws of the state where the bank’s main office elaborating on this third test, the Supreme the Michigan statute. One commenter is located without regard to where the Court has stated— adopted a more neutral stance and borrower resides and despite contacts Federal law may be in ‘‘irreconcilable encouraged the OCC to be mindful of the between the loan and another state. The U.S. conflict’’ with state law. Rice v. Norman vital interests of states in the area of Supreme Court has specifically upheld this Williams Co., 458 U.S. 654, 659 (1982). consumer protection. authority. Marquette National Bank v. First of Compliance with both statutes, for example, Omaha Service Corp., 439 U.S. 299 (1978).7 may be a ‘‘physical impossibility,’’ Florida Analysis Based on this analysis, it is clear that each Lime & Avocado Growers, Inc. v. Paul, 373 of the component activities that together U.S. 132, 142–143 (1963); or, the state law Permissibility of the Activity comprise the Banks’ proposed activities may ‘‘stan[d] as an obstacle to the The threshold question in any preemption through Michigan automobile dealers is accomplishment and execution of the full analysis is whether the activities in question permissible under well-settled authority.8 purposes and objectives of Congress.’’ Hines are permissible for a national bank under v. Davidowitz, 312 U.S. 52, 67 (1941). Federal law. If they are not, then there is no Preemptive Effect of Federal Law Barnett Bank v. Nelson, 517 U.S. 25, 31 preemption issue. In our opinion, Federal law preempts the (1996). The Court in Barnett went on to state The Banks’ proposed activity is fashioned MVSFA as interpreted by the FIB in its that— from three component parts: The Banks Declaratory Ruling, because the statute, as In defining the pre-emptive scope of propose to engage in the business of lending, interpreted, conflicts with Federal law statutes and regulations granting a power to they seek to use third-party agents in authorizing the Bank to engage in the national banks, these cases (i.e., national connection with that business, and they seek activities in question and with the OCC’s bank preemption cases) take the view that to apply the interest rates permissible in their exclusive visitorial powers over national normally Congress would not want States to home state to these motor vehicle loans. All banks. These points are addressed in more forbid, or to impair significantly, the exercise three activities are permissible under Federal detail below, following a brief summary of of a power that Congress explicitly granted. law. the law governing preemption and the OCC’s To say this is not to deprive States of the First, section 24(Seventh) specifically visitorial powers. power to regulate national banks, where authorizes national banks to make loans. Preemption and Visitorial Powers * * * doing so does not prevent or Thus, a national bank need look no further significantly interfere with the national When the Federal government acts within bank’s exercise of its powers. than the express language of the statute for the sphere of authority conferred upon it by 517 U.S. at 33. authorization to make loans. Section the Constitution, Federal law is paramount 24(Seventh) also authorizes national banks to A conflict between a state law and Federal over, and may preempt, state law. U.S. Const. law need not be complete in order for Federal engage in the more general ‘‘business of art. VI, cl. 2 (the Supremacy Clause); Cohen banking’’ and activities incidental thereto. law to have preemptive effect. Where a v. Virginia, 19 U.S. (6 Wheat.) 264, 414 Federal grant of authority is unrestricted, for The Supreme Court has made clear that the (1821) (Marshall, C.J.). Federal authority over ‘‘business of banking’’ authorized by section example, state law that attempts to place national banks stems from several limits on the scope and exercise of that 24(Seventh) is a broad, flexible concept that constitutional sources, including the authority will be preempted. See, e.g., New allows the National Bank Act to adapt to Necessary and Proper Clause and the York Bankers Association, Inc. v. Levin, 999 changing times. See NationsBank of North Commerce Clause of the United States F. Supp. 716 (W.D.N.Y. 1998). Thus, Federal Carolina, N.A. v. Variable Annuity Life Ins. Constitution. U.S. Const. art. I, section 8, cl.3, law preempts not only state laws that purport Corp., 513 U.S. 251, 258, n.2 (1995) (‘‘We cl. 18; McCulloch v. Maryland, 17 U.S. (4 to prohibit a national bank from engaging in expressly hold that the ‘‘business of banking’’ Wheat.) 316, 409 (1819). an activity permissible under Federal law but is not limited to the enumerated powers in The United States Supreme Court has also state laws that condition or confine the section 24 Seventh and that the Comptroller identified several bases for Federal exercise by a national bank of its express or therefore has discretion to authorize preemption of state law. First, Congress may incidental powers. activities beyond those specifically expressly state that it intends to preempt As the Court stated in Barnett, enumerated.’’). An activity will be deemed state law. E.g., Jones v. Rath Packing Co., 430 * * * where Congress has not expressly ‘‘incidental’’ to the business of banking if it U.S. 519 (1977). Second, a Federal statute conditioned the grant of ‘‘power’’ upon a is ‘‘convenient or useful in connection with may create a scheme of Federal regulation grant of state permission, the Court has the performance of’’ a power authorized ‘‘so pervasive as to make reasonable the ordinarily found that no such condition under Federal law. Arnold Tours, Inc. v. inference that Congress left no room for the applies. In Franklin Nat. Bank, the Court Camp, 472 F.2d 427, 432 (1st Cir. 1972). States to supplement it.’’ Rice v. Norman made this point explicit. It held that Congress Second, the authority of national banks Williams Co., 458 U.S. 654, 659 (1982). did not intend to subject national banks’ under section 24(Seventh) permits a national power to local restrictions, because the bank to use the services of agents and other 7 See also OCC Interpr. Ltr. No. 822 (February 17, Federal power-granting statute there in third parties in connection with a bank’s 1998), reprinted in (1997–1998 Transfer Binder) question contained ‘‘no indication that lending business. Federal banking Fed. Banking L. Rep. (CCH) P 81–265 (identifying Congress [so] intended * * * as it has done regulations specifically provide that a circumstances, not applicable here, under which by express language in several other national bank may ‘‘use the services of, and national banks must use rates permitted by a state, instances.’’ compensate persons not employed by, the other than its main office state, in which the bank has a branch). 517 U.S. at 34 (citations omitted; emphasis in bank for originating loans.’’ 6 12 CFR 8 As mentioned above, several commenters original). 7.1004(a). Likewise, the regulations permit questioned the permissibility of the Banks activities Application of Federal Law to State Statutes national banks to utilize the services of third under the Riegle-Neal Act. These commenters parties to disburse loan proceeds. 12 CFR argued that, under the Riegle-Neal Act, the Banks As noted above, it is well established that § 7.1003(b). These agents may undertake would be required to establish branches in a national bank may engage in the business these activities at sites that are neither the Michigan in order to lend money there and that of lending, either directly or through an main office nor a branch office of the bank Michigan state consumer protection laws would agent. See 12 U.S.C. 24(Seventh). In our provided the requirements of those apply to the branches. Nothing in the Riegle-Neal view, the FIB’s interpretation of Michigan Act, however, requires that a bank have a branch law to include bank originated loans within in a state as a prerequisite to lending in that state. 6 This is not a situation where a loan product has (We note that both banks have branches in the definition of ‘‘installment sales contracts’’ been developed by a non-bank vendor that seeks to Michigan. Consequently, the provision of the subject to the MVSFA conflicts with Federal use a national bank as a delivery vehicle, and where Riegle-Neal Act relating to the applicability of state law and significantly interferes with the the vendor, rather than the bank, has the law to a branch of an out-of-state bank is discussed Banks’ ability to exercise their lending preponderant economic interest in the loan. subsequently in this letter.) authority in three distinct ways.
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First, the FIB’s interpretation of Michigan [t]he laws of the host State regarding DATES: Written comments should be law prohibits banks from using automobile community reinvestment, consumer received on or before July 23, 2001 to be dealers as agents to originate loans. Congress protection, fair lending, and establishment of assured of consideration. intended to permit national banks to have intrastate branches shall apply to any branch ‘‘all such incidental powers as shall be in the host State of an out-of-state national ADDRESSES: Direct all written comments necessary to carry on the business of bank to the same extent as such state laws to Garrick R. Shear, Internal Revenue banking.’’ 12 U.S.C. 24(Seventh). Federal apply to a branch of a bank chartered by that Service, room 5244, 1111 Constitution regulations expressly interpret this grant to State except— Avenue NW., Washington, DC 20224. (i) When Federal law preempts that include the authority to use agents to FOR FURTHER INFORMATION CONTACT: originate loans. See 12 CFR § 7.1004. To the application of such state laws to a national extent that a state asserts the right to restrict bank * * * Requests for additional information or or condition a national bank’s exercise of the 12 U.S.C. 36(f)(1)(A) (emphasis added). copies of the form and instructions Federally granted powers, that state’s law Thus, the Riegle-Neal Act does not protect should be directed to Allan Hopkins, will be preempted. Barnett, supra, at 34; state consumer laws to the extent that they (202) 622–6665, Internal Revenue Franklin, supra, at 378; Bank of America are preempted by Federal law and, as Service, room 5244, 1111 Constitution National Trust & Savings Ass’n. v. Lima, 103 discussed, it is our opinion that the MVFSA Avenue NW., Washington, DC 20224. F. Supp. 916, 918, 920 (D. Mass. 1952) 10 is preempted by Federal law. SUPPLEMENTARY INFORMATION: (exercise of national bank powers is not subject to state approval; states have no Conclusion Title: Foreign Tax Credit. authority to require national banks to obtain To the extent the FIB interprets the OMB Number: 1545–0121. a license to engage in an activity permitted MVSFA to limit the Banks’ proposed motor Form Number: 1116. to them by Federal law).9 vehicle financing arrangement, it is our Abstract: Form 1116 is used by Second, by effectively prohibiting the opinion that it is preempted by Federal law. individuals (including nonresident Banks from originating loans at an We trust that this is responsive to your aliens), estates, or trusts who paid automobile dealership in Michigan, the FIB’s inquiry. Our conclusions are based on the foreign income taxes on U.S. taxable interpretation of the MVSFA prevents the facts and representations made in your income, to compute the foreign tax Banks from exercising its power under 12 letters. Any material change in facts or credit. This information is used by the U.S.C. 85, as previously discussed, to charge circumstances could affect the conclusions the interest rates permitted by its home state, stated in this letter. IRS to determine if the foreign tax credit Ohio. To the extent the FIB interprets the is properly computed. Sincerely, MVSFA to subject the Banks to interest rate Current Actions: There are no changes limitations of other states, it is preempted by Julie L. Williams, being made to Form 1116 at this time. Federal law. First Senior Deputy Comptroller and Chief Type of Review: Extension of a Finally, it is our opinion that the FIB’s Counsel. currently approved collection. interpretation of the MVSFA that would [FR Doc. 01–12946 Filed 5–22–01; 8:45 am] Affected Public: Individuals or require a national bank to obtain a state households. license and treat the transaction as a loan BILLING CODE 4810–33–P purchase from a dealership also is preempted Estimated Number of Respondents: by the Federal law giving the OCC exclusive 779,773. visitorial authority over national banks. A DEPARTMENT OF THE TREASURY Estimated Time Per Respondent: 3 state requirement that a national bank obtain hours, 38 minutes. state approval or license to exercise a power Internal Revenue Service Estimated Total Annual Burden authorized under Federal law is an assertion Hours: 2,837,771. by the state that it has supervisory or Proposed Collection; Comment The following paragraph applies to all regulatory authority over national banks. Request for Form 1116 of the collections of information covered This is in direct conflict with the Federal law by this notice: providing that the OCC has exclusive AGENCY: Internal Revenue Service (IRS), visitorial powers over national banks except Treasury. An agency may not conduct or as otherwise provided by Federal law. 12 ACTION: Notice and request for sponsor, and a person is not required to U.S.C. 484; 12 CFR 7.4000. A state law that comments. respond to, a collection of information purports to vest this authority in a state is unless the collection of information preempted. In this case, it is our opinion that SUMMARY: The Department of the displays a valid OMB control number. the FIB’s application of the state licensing Treasury, as part of its continuing effort Books or records relating to a requirement to national banks would be to reduce paperwork and respondent collection of information must be preempted on this basis as well. burden, invites the general public and retained as long as their contents may The characterization by several of the other Federal agencies to take this commenters of the MVSFA as a consumer become material in the administration protection statute does not alter this opportunity to comment on proposed of any internal revenue law. Generally, conclusion. With respect to banks with and/or continuing information tax returns and tax return information interstate branches, the Riegle-Neal Act collections, as required by the are confidential, as required by 26 provides: Paperwork Reduction Act of 1995, U.S.C. 6103. Public Law 104–13 (44 U.S.C. Request for Comments 9 See also OCC Interpr. Ltr. No. 866 (Oct. 8, 1999), 3506(c)(2)(A)). Currently, the IRS is reprinted in [1999–2000 Transfer Binder] Fed. soliciting comments concerning Form Comments submitted in response to Banking L. Rep. (CCH) P 81–360 (state law requirements that purport to preclude national 1116, Foreign Tax Credit. this notice will be summarized and/or banks from soliciting trust business from customers included in the request for OMB located in states other than where the bank’s main 10 In addition, we note under the circumstances approval. All comments will become a office is located would be preempted); OCC Interpr. that section 85 permits the bank to charge interest matter of public record. Comments are Ltr. No. 749 (Sept. 13, 1996), reprinted in [1996– in accordance with Ohio law and preempts any 1997 Transfer Binder] Fed. Banking L. Rep. (CCH) state law requirement that Michigan usury law invited on: (a) whether the collection of P 81–114 (state law requiring national banks to be applies to the loans at issue. See OCC Interpr. Ltr. information is necessary for the proper licensed by the state to sell annuities would be 822, supra n. 6. Because the activities in question performance of the functions of the preempted); OCC Interpr. Ltr. 644 (March 24, 1994), do not involve insurance, the unique preemption agency, including whether the reprinted in [1994 Transfer Binder] Fed. Banking L. standard established under the McCarran-Ferguson Rep. (CCH) P 83,553 (state registration and fee Act is not at issue 12 U.S.C. 1012. Nor are the information shall have practical utility; requirements imposed on mortgage lenders would recently enacted provisions of the GLBA. 15 U.S.C. (b) the accuracy of the agency’s estimate be preempted). 6701. of the burden of the collection of
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information; (c) ways to enhance the to their current residences or one, which Comment’’ in the subject line. Please quality, utility, and clarity of the they intend to live in as long as the include your name, organizational information to be collected; (d) ways to veteran or a member of the veteran’s affiliation and telephone number in any minimize the burden of the collection of family owns the home. It also provides e-mail correspondence. information on respondents, including information for use in approving or Mail written comments (one original through the use of automated collection disapproving a veteran’s application for and three copies) to the following techniques or other forms of information a grant. address: NCQA, Attn: VAHRPAP, 2000 technology; and (e) estimates of capital An agency may not conduct or L Street, NW., Suite 500, Washington, or start-up costs and costs of operation, sponsor, and a person is not required to DC 20036. If you sent your comments by maintenance, and purchase of services respond to a collection of information e-mail, please do not send duplicate to provide information. unless it displays a currently valid OMB comments by mail. Approved: May 17, 2001. control number. The Federal Register SUPPLEMENTARY INFORMATION: The Notice with a 60-day comment period Garrick R. Shear, Department of Veterans Affairs awarded soliciting comments on this collection IRS Reports Clearance Officer. a five-year contract to the National of information was published on Committee for Quality Assurance [FR Doc. 01–13065 Filed 5–22–01; 8:45 am] October 17, 2000, on page 61380. (NCQA) to conduct an accreditation BILLING CODE 4830–01–P Affected Public: Individuals or program, the first of its kind, to help to households. ensure that VA medical centers are Estimated Annual Burden: 25 hours. complying with VA and other DEPARTMENT OF VETERANS Estimated Average Burden Per applicable Federal regulations for the AFFAIRS Respondent: 20 minutes. protection of human subjects of [OMB Control No. 2900–0300] Frequency of Response: On occasion. research. NCQA is a private, non-profit Estimated Number of Respondents: organization dedicated to improving Agency Information Collection 75. health care quality, with 10 years of Activities Under OMB Review Send comments and experience in accrediting and certifying recommendations concerning any health care programs. NCQA will AGENCY: Veterans Benefits aspect of the information collection to partner with Medical Care Management Administration, Department of Veterans VA’s OMB Desk Officer, OMB Human Corporation (MCMC) to design the Affairs. Resources and Housing Branch, New program and to recruit, credential and ACTION: Notice. Executive Office Building, Room 10235, schedule surveyors. MCMC has Washington, DC 20503, (202) 395–7316. established a large panel of experienced SUMMARY: In compliance with the Please refer to ‘‘OMB Control No. 2900– clinical researchers who evaluate the Paperwork Reduction Act (PRA) of 1995 0300’’ in any correspondence. appropriateness of experimental (44 U.S.C., 3501 et seq.), this notice treatments, conduct technology announces that the Veterans Benefits Dated: May 4, 2001. assessments and review research Administration (VBA), Department of Donald L. Neilson, protocols. Veterans Affairs, has submitted the Director, Information Management Service. [FR Doc. 01–12972 Filed 5–22–01; 8:45 am] VA conducts biomedical, health collection of information abstracted services, and rehabilitation research to BILLING CODE 8320–01–P below to the Office of Management and improve the health care delivered to the Budget (OMB) for review and comment. Nation’s veterans. The Office of The PRA submission describes the DEPARTMENT OF VETERAN AFFAIRS Research and Development (ORD) has nature of the information collection and developed policies, consistent with the its expected cost and burden; it includes Office of Research and Development; Common Rule and the Food and Drug the actual data collection instrument. Department of Veterans Affairs Human Administration (FDA) regulations, to DATES: Comments must be submitted on Research Protection Accreditation safeguard human subjects in research. or before June 22, 2001. Program Also, as part of its responsibilities in FOR FURTHER INFORMATION OR A COPY OF protecting human subjects, VA’s Office THE SUBMISSION CONTACT: Denise AGENCY: Department of Veterans Affairs. of Research Compliance and Assurance McLamb, Information Management ACTION: Notice of draft accreditation (ORCA) collaborates with the Office of Service (045A4), Department of standards. Research and Development in carrying Veterans Affairs, 810 Vermont Avenue, out this accreditation contract, and will SUMMARY: NW, Washington, DC 20420, (202) 273– This notice informs interested analyze trends from the accreditation 8030, FAX (202) 273–5981 or e-mail parties that draft standards for the reports for continuing quality [email protected]. Please Department of Veterans Affairs (VA) improvement. The VA Human Research refer to ‘‘OMB Control No. 2900–0300.’’ Human Research Protection Protection Accreditation Program Accreditation Program (VAHRPAP) will SUPPLEMENTARY INFORMATION: (VAHRPAP) will provide a routine be available for public comment on the Title: Veterans Application for external evaluation of compliance with National Committee for Quality VA and other Federal policies. Assistance in Acquiring Special Assurance (NCQA) Web site: FOR FURTHER INFORMATION: Housing Adaptations, VA Form 26– www.ncqa.org. For further 4555d. information about the accreditation OMB Control Number: 2900–0300. DATES: The public comment period will program, contact NCQA Customer Type of Review: Extension of a start May 16, 2001, and will continue Service, at (202) 955–5697. For currently approved collection. through June 1, 2001. questions about the Department of Abstract: VA Form 26–4555d is used ADDRESS: The preferred method for Veterans Affairs human subjects by disabled veterans in applying for receiving comments is as a Microsoft protection policies or programs, call special housing and adaptations to Word file attached to an e-mail message. Brenda Cuccherini, PhD, VA Office of dwellings. Grants are available to assist The e-mail message should be sent to Research and Development, at (202) disabled veterans in making adaptations [email protected] and have ‘‘Public 408–3614.
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Dated: May 16, 2001. DISABILITY COMPENSATION (38 U.S.C. sergeant of the Air Force, sergeant major Anthony J. Principi, 1114)—Continued of the Marine Corps, or master chief Secretary of Veterans Affairs. petty officer of the Coast Guard, the [FR Doc. 01–12974 Filed 5–22–01; 8:45 am] Monthly surviving spouse’s monthly rate is Disability Evaluation (percent) rate BILLING CODE 8320–01–P $1,119. (2) If the veteran served as Chairman 60 ...... 769 or Vice Chairman of the Joint Chiefs of 70 ...... 969 Staff, Chief of Staff of the Army, Chief DEPARTMENT OF VETERANS 80 ...... 1,125 AFFAIRS 90 ...... 1,266 of Naval Operations, Chief of Staff of the 100 ...... 2,107 Air Force, Commandant of the Marine Adjustments for Service-Connected Corps, or Commandant of the Coast Benefits Guard, the surviving spouse’s monthly 38 U.S.C. 1114(k) Monthly rate rate is $2,083. AGENCY: Department of Veterans Affairs. through (s) ACTION: Notice. 38 U.S.C. 1114(k) ...... $78; $2,621; $78; DIC TO A SURVIVING SPOUSE (38 U.S.C. 1311(A) THROUGH (D)) SUMMARY: As required by the Veterans’ $3,677 38 U.S.C. 1114(l) ...... $2,621 Compensation Cost-of-Living 38 U.S.C. 1114(m) ..... $2,891 38 U.S.C. 1311(a) through (d) Monthly Adjustment Act of 2000, Public Law 38 U.S.C. 1114(n) ...... $3,290 rate 106–413, the Department of Veterans 38 U.S.C. 1114(o) ...... $3,677 Affairs (VA) is hereby giving notice of 38 U.S.C. 1114(p) ...... $3,677 38 U.S.C. 1311(a)(1) ...... $911 adjustments in certain benefit rates. 38 U.S.C. 1114(r) ...... $1,578; $2,350 38 U.S.C. 1311(a)(2) ...... 197 These adjustments affect the 38 U.S.C. 1114(s) ...... $2,359 38 U.S.C. 1311(b) ...... 229 38 U.S.C. 1311(c) ...... 229 compensation and dependency and 38 U.S.C. 1311(d) ...... 110 indemnity compensation (DIC) Additional Compensation for programs. Dependents (38 U.S.C. 1115(1)) DIC TO CHILDREN (38 U.S.C. 1313) DATES: These adjustments are effective Monthly December 1, 2000, the date provided by 38 U.S.C. 1115 (1) Rate 38 U.S.C. 1313 Monthly rate Public Law 106–413. 38 U.S.C. 1115(1)(A) ...... $121 FOR FURTHER INFORMATION CONTACT: Paul 38 U.S.C. 1313(a)(1) ...... $386 38 U.S.C. 1115(1)(B) ...... $208; $63 38 U.S.C. 1313(a)(2) ...... $556 Trowbridge, Consultant, Compensation 38 U.S.C. 1115(1)(C) ...... $82; $63 and Pension Service (212A), Veterans 38 U.S.C. 1313(a)(3) ...... $723 38 U.S.C. 1115(1)(D) ...... $98 38 U.S.C. 1313(a)(4) ...... $723; $140 Benefit Administration, Department of 38 U.S.C. 1115(1)(E) ...... $229 Veterans Affairs, 810 Vermont Avenue, 38 U.S.C. 1115(1)(F) ...... $192 NW., Washington, DC 20420, (202) 273– SUPPLEMENTAL DIC TO CHILDREN (38 7218. Clothing Allowance (38 U.S.C. U.S.C. 1314) SUPPLEMENTARY INFORMATION: Section 2 1162)—$565 per year. of Public Law 106–413 provides for an 38 U.S.C. 1314 Monthly increase in each of the rates in sections DIC TO A SURVIVING SPOUSE (38 rate 1114, 1115(1), 1162, 1311, 1313, and U.S.C. 1311) 38 U.S.C. 1314(a) ...... $229 1314 of title 38, United States Code. VA 38 U.S.C. 1314(b) ...... $386 is required to increase these benefit Monthly Pay grade rate 38 U.S.C. 1314(c) ...... $194 rates by the same percentage as increases in the benefit amounts payable EÐ1 ...... $911 Section 304 of Public Law 106–419 under title II of the Social Security Act. EÐ2 ...... 911 replaces the previous 38 U.S.C. In computing increased rates in the EÐ3 ...... 911 5503(b)(1)(A) estate limitation threshold cited title 38 sections, fractions of a EÐ4 ...... 911 of $1,500 for withholding of benefits, dollar are rounded down to the nearest EÐ5 ...... 911 and $500 for resumption of benefits. dollar. The increased rates are required EÐ6 ...... 911 The provision affects certain EÐ7 ...... 942 to be published in the Federal Register. incompetent, hospitalized or The Social Security Administration EÐ8 ...... 995 EÐ9(1) ...... 1,038 institutionalized veterans who do not has announced that there will be a 3.5 WÐ1 ...... 962 have a dependent spouse or child. percent cost-of-living increase in Social WÐ2 ...... 1,001 The new estate value limit for Security benefits. Therefore, applying WÐ3 ...... 1,031 withholding of benefits is increased to the same percentage, the following rates WÐ4 ...... 1,090 five times the 100 percent service- for VA compensation and DIC programs OÐ1 ...... 962 connected disability rate for a veteran will be effective December 1, 2000: OÐ2 ...... 995 who does not have dependents. The OÐ3 ...... 1,063 estate value amount at which benefits DISABILITY COMPENSATION (38 U.S.C. OÐ4 ...... 1,125 may be resumed is now one half of that OÐ5 ...... 1,239 1114) OÐ6 ...... 1,396 rate. This new formula will cause the OÐ7 ...... 1,509 estate limitation threshold to change Monthly OÐ8 ...... 1,653 with each change to basic compensation Disability Evaluation (percent) rate OÐ9 ...... 1,771 rates. OÐ10(2) ...... 1,943 As a result, and effective November 1, 10 ...... $101 20 ...... 194 2000, the estate limitation threshold is 30 ...... 298 (1) If the veteran served as sergeant increased to $10,180 for withholding of 40 ...... 427 major of the Army, senior enlisted benefits, and $5,090 for resumption of 50 ...... 609 advisor of the Navy, chief master benefits. This is based on compensation
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rates in effect at the time of passage of increase to basic compensation rates notices for future legislative Public Law 106–419. effective December 1, 2000. adjustments. Also, effective December 1, 2000, the VA will publish the current dollar Dated: May 16, 2001. estate limitation threshold is increased amounts for withholding and Anthony J. Principi, to $10,535 for withholding of benefits, resumption of benefits under 38 U.S.C. Secretary of Veterans Affairs. and $5,267.50 for resumption of 5503(b)(1)(A) with the Federal Register [FR Doc. 01–12973 Filed 5–22–01; 8:45 am] benefits. This is based on the legislative BILLING CODE 8320–01–U
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Part II
Small Business Administration 13 CFR Part 108 New Markets Venture Capital Program; Final Rule
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SMALL BUSINESS ADMINISTRATION 106–554, enacted December 21, 2000. by the Act. The Act also authorizes SBA Congress recognized that despite the to provide grants to NMVC companies 13 CFR Part 108 nation’s overall economic prosperity, to provide operational assistance to RIN 3245–AE40 many underserved areas in America smaller enterprises in which they have not experienced such prosperity invest. In addition, the Act enhances the New Markets Venture Capital Program and millions of Americans living in ability of existing SSBICs to invest in these areas do not have access to jobs or smaller enterprises in low-income areas AGENCY: U.S. Small Business entrepreneurial opportunities. It enacted by giving them grants to provide Administration. the New Markets Venture Capital operational assistance to such ACTION: Final rule; Withdrawal of (‘‘NMVC’’) program to help create an enterprises in connection with such interim final rule. economic infrastructure in such investments. underserved areas by encouraging SBA will enter into participation SUMMARY: The U.S. Small Business business growth through program- agreements with NMVC companies that Administration (‘‘SBA’’) adds a new supported investment. This type of have a solid business plan for making regulation to implement the New investing is known in the community investments in the low-income Markets Venture Capital Program Act of development venture capital industry as geographic areas targeted by the Act, 2000 (‘‘the Act’’). The Act authorizes ‘‘double bottom line’’ investing, because and that have the most likelihood of SBA to issue regulations necessary to the investments have both an expanding economic opportunities in implement the program. The regulations anticipated financial and social return. such areas. set forth the requirements for: Newly- Social returns include creating II. Rulemaking History formed venture capital companies to sustainable jobs at businesses receiving qualify to become New Markets Venture investments from NMVC companies, On January 22, 2001, 66 FR 7218, SBA Capital (‘‘NMVC’’) companies to make and encouraging such businesses to published in the Federal Register an developmental venture capital provide much-needed new products and interim final rule with an effective date investments in smaller enterprises services within underserved areas. of February 21, 2001. SBA subsequently located in low-income geographic areas Congress noted that between 1997 and published in the Federal Register on and provide operational assistance to 1998, the median income for the February 20, 2001, 66 FR 10811, a delay such enterprises receiving such nation’s households rose 3.5 percent in of the effective date of the final rule investments; and Existing Specialized real terms, yet 12.7 percent of until April 23, 2001. The delay was for Small Business Investment Companies Americans (34.5 million people) still the purpose of giving Administration (‘‘SSBICs’’) to qualify for grants to live below the poverty line. Many of officials the opportunity for further provide operational assistance to these Americans live in inner city and review and consideration of new smaller enterprises located in low- rural areas, where job opportunities are regulations, consistent with the income geographic areas and which scarce and there is little to attract small Assistant to the President and Chief of such SSBICs have financed or expect to business investors. In rural and urban Staff memorandum entitled ‘‘Regulatory finance. communities, poverty remains a Review Plan,’’ published in the Federal SBA also withdraws the interim final persistent problem. Job growth is well Register on January 24, 2001. rule on the New Markets Venture below the national average, with On April 23, 2001, 66 FR 20530, SBA Capital Program originally published on unemployment at or above 14%. published in the Federal Register notice January 22, 2001, the effective date of Unemployment is 7.5% in the African of a further delay of the effective date which subsequently was delayed until American urban community, and is of the interim final rule, to June 22, June 22, 2001. Because the interim final 6.4% in the Hispanic urban population; 2001. The purpose of this further delay rule is withdrawn, it will not take effect both are nearly double the national was to give Administration officials on June 22, 2001. average. Despite these statistics, additional time for further review and Congress found that it is not enough to consideration of new regulations, DATES: Effective Date: This final rule is effective on May 23, 2001. create jobs in these pockets of poverty, consistent with that ‘‘Regulatory Review Applicability Date: This final rule rather these communities need a new Plan,’’ before the interim final rule applies to all applications received no economic infrastructure to enable them became effective. Also on April 23, 2001, 66 FR 20531, later than the application deadline date to develop their full potential and participate fully in the economic SBA published in the Federal Register and time. mainstream. The NMVC program will a proposed rule implementing the Withdrawal Date: The interim final encourage the growth of such an NMVC program, and a proposed rule adding 40 CFR part 108, which was infrastructure by supporting new equity withdrawal of the previously published published at 66 FR 7218 and delayed at capital investments by NMVC interim final rule. The proposed rule 66 FR 10811 and 66 FR 20530, is companies and SSBICs and by incorporated substantive changes withdrawn as of May 23, 2001. providing operational assistance to resulting from the Administration’s FOR FURTHER INFORMATION CONTACT: smaller enterprises located in low- review of the interim final rule. The Austin Belton, Director, Office of New income geographic areas whose growth deadline for public comments on the Markets Venture Capital, Investment will foster the creation of wealth and job proposed rule was May 4, 2001. SBA Division, or Louis Cupp, Policy Analyst, opportunities in such areas. received one comment, which is Investment Division, at (202) 205–6510. SBA will enter into participation addressed in Section IV.A, below. This is not a toll-free number. agreements with NMVC companies to SUPPLEMENTARY INFORMATION: fulfill these statutory purposes. The Act III. Withdrawal of Interim Final Rule authorizes SBA to guarantee debentures SBA withdraws the interim final rule I. Background of NMVC companies. Such debentures it published in the Federal Register on The New Markets Venture Capital leverage the private capital that NMVC January 22, 2001 (66 FR 7218). SBA Program Act of 2000 (‘‘the Act’’) was companies must raise and enable them received no comments on its proposed created by the Consolidated to make the equity investments in low- rulemaking action of withdrawing its Appropriations Act of 2001, Public Law income geographic areas contemplated previously published interim final rule
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and implementing the NMVC program that section back into the final rule. and the fee ultimately will be borne instead with this final rule. SBA That section concerns the circumstances only by successful applicants. withdraws the interim final rule before in which non-cash assets may be The commenter addressed the it becomes effective on June 22, 2001, included in private capital. The requirements in proposed § 108.710 that for the purpose of implementing the commenter suggested that the NMVC 80 percent of the businesses receiving NMVC program instead with this final program should not be more stringent financing from a NMVC company be rule, which is based on the proposed than the Small Business Investment smaller enterprises, be located in low- rule SBA published in the Federal Company (‘‘SBIC’’) program in this income areas, and receive equity capital Register on April 23, 2001 (66 FR regard. SBA declines to implement this investments, and that 80 percent of the 20531). The purpose of implementing regulation in the final rule. SBA total dollars invested by a NMVC the NMVC program with this final rule believes that, unlike SBICs, NMVC company be in the form of equity capital instead of the interim final rule is to companies should not be allowed to investments in smaller enterprises implement the program with include non-cash assets in their private located in low-income areas. The substantive changes resulting from the capital. First, SBA selects SBICs through commenter makes several Administration’s review of the interim a non-competitive process, but will recommendations: First, that SBA final rule. select NMVC companies through a eliminate the requirement that 80 competitive process in which SBA will percent of businesses receive equity IV. Discussion of Comments on and compare applicants to one another. SBA capital investments; second, that SBA Changes to the Proposed Rule will not have sufficient time in the eliminate the 80 percent of dollars A. Public Comments selection process to first evaluate an requirement and replace it with a applicant’s proposed non-cash assets requirement that an NMVC company SBA received one comment in only must invest 100 percent of its response to the proposed rule. The before that applicant is compared to other applicants. SBA could not ensure leverage (but none of its regulatory majority of the commenter’s comments capital) in the form of equity capital concern the ways in which SBA the integrity and fairness of the selection process if it were to compare investments; and third, that SBA replace changed various regulations in the the proposed 80 percent of businesses proposed rule from the versions of those an applicant that proposes to raise all of its capital in the form of cash to an and 80 percent of total investment regulations in the previously published dollars requirement with only an 80 interim final rule. This section focuses applicant that proposes to have some of its capital be in the form of non-cash percent of businesses requirement. on only those comments, and does not Some of these suggestions reiterate discuss those comments that reiterate assets, without first reviewing and evaluating such non-cash assets. comments this commenter made in comments already made and already response to the interim final rule, and discussed in the preamble to the Second, even in the SBIC program, the permitted contribution of non-cash some relate to the changes SBA made to proposed rule. this regulation between the version With regard to the proposed assets for inclusion in private capital is extremely limited. In practice, generally published in the interim final rule and definition of ‘‘Relevant Venture Capital the version published in the proposed Finance’’ in § 108.50, as changed from the only non-cash assets SBA approves are ‘‘pre-licensing investments,’’ which rule. the version of this definition previously The commenter presents several are not expected in the NMVC program. published in the interim final rule, the reasons for its recommendations. First, commenter recommends that SBA The commenter objected to the it believes that the Act does not state implement its earlier version of this change SBA made in the proposed rule that 80 percent of businesses must definition. The commenter believes that to § 108.330, from the version receive equity capital investments. SBA’s proposed change will result in previously published in the interim Second, it states that NMVC companies SBA not considering the organizational final rule. SBA revised a $5,000 need to have more investment flexibility mission of the NMVC company when application fee due in two installments, to offset the higher risks of investments determining the qualifications of the $2,000 at application submission and in low-income areas, including an management team. SBA will implement $3,000 at the time of final approval, to ability to invest a portion of funds as this regulation as proposed, for the a $5,000 grant issuance fee due in amortizing debt. SBA has considered following reasons. First, SBA believes advance at application submission. The the commenter’s suggestions and has that the proposed definition does not commenter suggested that the only decided to implement § 108.710 as have any effect on the separate purpose for this change is to deter proposed for the following reasons. regulatory requirement in § 108.120 that applicants. On the contrary, SBA desires With regard to the requirement that 80 in order to be eligible for the program, to encourage professional venture percent of the businesses in which a a NMVC company applicant must have capital funds, committed to NMVC company invests must receive as its primary mission the economic participating in the program, to apply equity capital investments, as well as be development of one or more low-income for NMVC company designation. SBA smaller enterprises located in low- areas. Second, the change will allow believes that asking applicants to pay income areas, SBA believes that the Act applicants and SBA to focus on the grant issuance fee at the time of requires this. This implements the management team members’ application will ensure this result. As requirement outlined in the definition demonstrable prior equity investment stated in the preamble to the proposed of ‘‘participation agreement’’ in section activities in small business in low- rule, SBA has determined that the Act 351(6)(B) of the Small Business income areas, rather than attempting to authorizes SBA to charge a fee in Investment Act (‘‘SBI Act’’), as amended prove the intent behind such prior connection with its issuance of a grant. by the Act, that a NMVC company must activities. SBA has decided to collect the entire fee make investments in smaller enterprises The commenter noted that SBA in advance, as opposed to just a portion, at least 80 percent of which are located eliminated from the proposed rule in order to avoid the administrative in low-income areas. This also § 108.240, which had been included in costs of collecting the fee in two implements the legislative purposes the previously published interim final installments. SBA continues to believe stated in section 352 of the SBI Act, as rule, and recommended that SBA put that the amount of the fee is reasonable, amended by the Act, which include
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‘‘encouraging developmental venture period of 10 years as originally stated, withhold payment of further grant funds capital investments in smaller rather than five years as stated in the until the situation is remedied. enterprises primarily located in low- proposed rule. The commenter B. Other Changes to the Proposed Rule income geographic areas’’ and ‘‘to suggested that doing so is not establish a developmental venture specifically prohibited by statute and SBA made substantive changes to capital program with the mission of would give NMVC companies the ability §§ 108.380(a)(1)(i)(A) and (B) addressing the unmet equity investment to provide operational assistance concerning the amounts of regulatory needs of small enterprises located in throughout the term of their capital and operational assistance grant low-income geographic areas.’’ investments. matching resources a conditionally ‘‘Developmental venture capital’’ is SBA considered the consequences of approved NMVC company must raise in defined in section 351(1) of the SBI Act, implementing this suggestion, including order to receive from SBA final approval as amended by the Act, as equity capital the fact that it could result in a NMVC as a NMVC company. These changes investments with the primary objective company expending all of its SBA grant implement a solution to a problem of fostering economic development in funds before it expends any of its grant raised by a comment SBA received in low-income areas. SBA believes that the matching resources. After deliberation response to the interim final rule, and clear purpose of the Act, read as a SBA has decided to implement the already discussed in the preamble to whole, is to promote equity capital regulation as proposed, for several SBA’s proposed rule. investments in smaller enterprises in reasons. The commenter had advised that if low-income areas. Accordingly, SBA First, SBA believes that implicit in the SBA over-commits its grant funds, it believes § 108.710(a)(1) is required by Act is a requirement that SBA’s grant could result in SBA giving applicants the Act. funds and a NMVC company’s or less than the 30 percent ‘‘grant-to- SBA also believes that the additional SSBIC’s grant matching resources be private-capital ratio’’ contemplated by requirement SBA proposed in expended simultaneously within the the Act, due to the pro rata reduction in § 108.710(a)(2), that 80 percent of the same period of time. Since SBA believes the amount of grant award each total dollars a NMVC company has that by law it can make its grants funds applicant would receive. The invested also must be in the form of available for expenditure only for a commenter suggested that SBA revise equity capital investments in smaller period of time not exceeding five years, § 108.380(a)(1)(i)(B) to limit the amount enterprises located in low-income areas, SBA believes it also should place the of grant matching resources a fulfills the purposes of the Act, same time restriction on the expenditure conditionally approved NMVC company discussed above. SBA believes that the of grant matching resources. must raise in order to receive final Act as a whole encourages NMVC Second, from a grant administration approval. The commenter suggested this companies to take a proactive posture perspective, it would not be the most limit should be an amount not more with respect to the companies in which efficient use of SBA’s resources to than the amount of operational they invest, and to take reasonable risks continue to monitor grants to SSBICs assistance grant that SBA has in making investments in such and NMVC companies for a 10-year ‘‘conditionally designated for that companies. Several features of the period when SBA’s grant funds have NMVC company.’’ In essence, the NMVC program already offset the been fully expended within the first five commenter suggested that SBA place a expectation of higher risk and lower rate years. Pursuant to paragraph .71 of limit on the amount of grant funds SBA of return to a NMVC company in Circular A–110 of the Office of would award to an applicant. making equity capital investments in Management and Budget (‘‘OMB’’), SBA SBA proposed not to implement this smaller enterprises located in low- must not perform a close-out on such suggestion for several reasons discussed income areas. First, a NMVC company grants until the grant project is in the preamble to the proposed rule (66 does not have to repay interest on its complete. Pursuant to the Act, the FR 20532–20533). However, SBA guaranteed debentures during the first purpose of the grant is providing recognized that the possibility remained five years after issuance, which gives operational assistance to small that an applicant might raise more the company time patiently to allow the businesses in connection with regulatory capital and grant matching businesses in which it invests to grow investments, and the grant project resources than it proposed to raise in its and, thus, for its investments to generate would not be complete until both the application, and more than SBA returns. Second, there is no limitation SBA grant funds and the NMVC anticipated when SBA evaluated the on the amount of ownership interest a company’s or SSBIC’s grant matching applicant’s application and made NMVC company can take in a business resources had been expended for this conditional approvals based on its in which it invests, thus giving the purpose. selection process and the amount of company the ability to act to reduce the Third, SBA believes that appropriated funds available. risk of the business’ failure. Third, the simultaneous expenditure by SSBICs SBA continues to believe that the program includes a grant component, and NMVC companies of both grant solution suggested by the commenter, which gives a NMVC company funds and grant matching resources will placing a limit on the amount of grant additional resources to help increase the give SBA the best ability to ensure funds SBA will award, is not allowable potential for a return on its investment proper implementation of the NMVC under § 358(a)(4) of the SBI Act, as in a business. program. If SBA monitors the use of amended by the Act. Under that section, The commenter commented on the both resources simultaneously, SBA can SBA must award a grant in an amount change SBA made in proposed ensure that grants are being used for equal to the amount of grant matching § 108.2030, from the version previously purposes that are authorized by the Act resources an applicant actually raises. published in the interim final rule, and that best fulfill the objectives of the Upon further deliberation, however, regarding the acceptable length of time NMVC program. If SBA finds that such SBA believes it does have the discretion within which commitments or annuities funds and resources are not being used under the statutory scheme to place a for grant matching resources may be properly, or if a NMVC company or limit on the amount of regulatory capital payable. The commenter suggested that SSBIC is not complying with other grant and grant matching resources an SBA allow NMVC companies to expend requirements, pursuant to paragraph applicant is allowed to raise after filing their grant matching resources over a .22(h) of OMB Circular A–110, SBA can its application. SBA believes that this
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solution will achieve the result sought concerning real estate businesses that estimated that 34 percent of all by the commenter but using a different are ineligible to receive financings from companies receiving institutional approach. NMVC companies. SBA modeled this venture capital in 1999 obtained it from SBA’s selection process will include regulation on § 107.720(c), concerning an SBIC. In fiscal year 2000, SBICs an evaluation of the proposals real estate businesses that are ineligible invested a record $5.5 billion in more submitted by applicants, which will to receive financings from SBICs. This than 3,000 small growth companies. include specific amounts of capital and SBIC regulation refers to particular This was accomplished with a budget grant matching resources the applicants major group and industry numbers appropriation of just $24.3 million. propose to raise. SBA will evaluate, contained in the Standard Industrial A key strength of the SBIC program among other things, the extent to which Classification (‘‘SIC’’) Manual. In lies in the fact that all investment an applicant will concentrate its promulgating a similar regulation for the decisions are made by private resources in particular low-income NMVC program, SBA attempted to individuals with their own money at geographic areas, and the extent to translate the SIC Manual references into first risk. However, this also represents which the applicant’s proposed equivalent references to the North a limitation in that such investment activities will promote economic American Industrial Classification activities are profit driven and generally development and the creation of wealth System (NAICS) Manual, which is are not targeted to small businesses and job opportunities in such areas. SBA’s current size standard located in low-income areas. Low- This evaluation necessarily will include classification system. SBA re-examined income investments typically are an assessment of the amounts of capital this proposed regulation as a result of a smaller and more costly to make, and and grant matching resources an question received by an interested they require significantly more applicant intends to raise and to member of the public and realized that assistance over the investment period concentrate in particular low-income SBA had not correctly translated the SIC than most SBIC investments. At the areas, in relation to the impact those Manual references into NAICS Manual same time, they generally offer a more resources might have on those areas. references. This final rule corrects this limited profit potential to the investor. SBA also will be selecting applicants technical error and conforms this The NMVC program addresses these for conditional approval so as to achieve regulation to the parallel regulation factors by adding to the SBIC structure the greatest extent of potential applicable to SBICs. an operational assistance grant subsidy nationwide and rural/urban impact of and by recruiting managers and the program. This process necessarily V. Section by Section Analysis investors that have an economic will include an assessment of the The following is a section by section development objective in addition to amounts of capital and grant matching analysis of SBA’s regulations to add a their financial one. resources an applicant intends to raise, new part 108 to title 13 of the Code of Because of these many similarities in relation of the number of particular Federal Regulations to implement the between SBICs and NMVC companies low-income areas toward which the Act. and between these two venture capital applicant proposes to direct its programs, SBA incorporates into the A. General Information About the activities. NMVC program many of the SBIC Regulations For these reasons, a key factor in regulations that SBA believes are SBA’s selection of applicants for As you read through the section by fundamental to the safety and conditional approval will be the section analysis of particular soundness of the SBIC program. amounts of capital and grant matching regulations, you will see that SBA resources an applicant proposes in its models many of these regulations on B. Section by Section Analysis application. In order to preserve both similar regulations governing SBA’s Sections 108.10 through 108.50 the integrity of the competitive selection SBIC program, found in part 107 of this briefly describe the NMVC program, process and the delicate balance title. In addressing the challenge of state the legal basis for the program, between the various aspects of the implementing the NMVC program, SBA definitions, and provide guidance on applications SBA selects for conditional is able to draw upon the experience that how to read part 108. Most of the approval, SBA believes it must hold the it has gained over the last 43 years in definitions come directly from 13 CFR selected applicants to fulfilling the administering the SBIC program. part 107, which governs the SBIC plans as they have proposed in their The SBIC program was created by the program. Most of the newly defined applications and upon which SBA Small Business Investment Act of 1958 terms come directly from the Act, and based its decision to select them. in response to a Federal Reserve study SBA does not supplement or modify Accordingly, SBA has changed finding that small businesses in general them. SBA also adds several new §§ 108.380(a)(1)(i)(A) and (B) to state were unable to obtain the long-term debt definitions, including the terms ‘‘Low- that in order to receive final approval and equity funds that they needed for Income Enterprise’’ and ‘‘Low-Income from SBA, a conditionally approved success. The basic objective of the Investment,’’ as a shorter way to applicant must raise amounts of capital program is to attract and supplement describe equity capital investments in a and grant matching resources equal to private capital, managed by private smaller enterprise that, at the time of the the amounts it set forth in its investment managers, to meet that need. initial financing, has its principal office application to SBA. An applicant must SBA licenses such companies as SBICs, located in a low-income geographic not raise more or less than such regulates their activities to ensure that area. amounts. they are financially sound and serve the Sections 108.100 through 108.160 For these same reasons, SBA also has program’s public policy objectives, and describe the qualifications for the made similar substantive changes to supplements their private capital by NMVC program. Under the Act, NMVC §§ 108.2000(b)(6) and 108.2030(d)(2) guaranteeing debentures or other companies must be newly formed for- regarding the amount of capital and securities that they issue. profit entities. SBA requires that NMVC grant matching resources that SSBIC The SBIC program has been companies be organized under state law applicants must raise. extraordinarily successful in recent and be either corporations, limited SBA has made technical corrections years and today represents a major liability companies, or limited to §§ 108.720(c)(1)(i) and (ii), factor in small business financing. It is partnerships. SBA requires that they
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have qualified management, have submit an application, similar to the funds for the operational assistance economic development as their primary application for the SBIC program but grant award from SBA within a time mission, and identify particular low- which also includes the requirement for period specified by SBA. As provided in income geographic areas in which they a comprehensive business plan. Many of the Act, SBA will finally approve as propose to focus their investment the topics SBA will require applicants NMVC companies all conditionally activities. SBA models these regulations to include in their business plans are approved NMVC companies that raise on the SBIC program, including the outlined in section 354(b) of the SBI the required amount of capital within requirements that NMVC companies Act, as amended by the Act, regarding the time period specified by SBA and must have management and ownership application for the NMVC program. In sign a participation agreement with diversity and that SBA will require pre- addition, SBA will use the following SBA. Section 108.380(b) also sets forth approval of all management expenses of additional topics: market analysis of the procedures under which SBA may grant a NMVC company (see 13 CFR 107.100 specific low-income areas towards to conditionally approved companies, as through 107.160). which the applicant proposes to target provided in the Act, an exception to the Sections 108.200 through 108.240 its investments and other activities, requirement to raise all of their required address capitalization of a NMVC operational capacity and investment matching funds for their operational company, including minimum capital strategies, plans for raising capital and assistance grants before SBA designates requirements, permitted sources of matching funds for operational them as finally approved NMVC capital, and limitations on non-cash assistance grants, and projected amount companies. contributions to capital. These of investment in low-income areas as Sections 108.400 through 108.470 regulations also are modeled on similar opposed to outside those areas. Based in describe SBA’s requirements for regulations in the SBIC program (see 13 part on the experience of other Federal changes in ownership, control, or CFR 107.200 through 107.250). agencies with similar economic structure of a NMVC company. These Sections 108.300 through 108.330 set development programs, SBA believes regulations are modeled after similar forth policies and procedures for these additional topics will allow SBA regulations for the SBIC program (see 13 application for designation as a NMVC to ensure that applicants understand the CFR 107.400 through 107.475). company. SBA will allow submission of objectives of the NMVC program and Sections 108.500 through 108.585 applications for participation in the have a good plan for accomplishing describe SBA’s requirements for NMVC program only during a specific those objectives and for creating and managing the operations of a NMVC application period, to be set forth in a maintaining a viable investment fund. company. These regulations are Notice of Funds Availability published SBA also will assess a fee for modeled after similar regulations for the in the Federal Register, as opposed to receiving a grant under the NMVC SBIC program (see 13 CFR 107.500 a rolling admissions process. SBA will program to ensure that applicants are through 107.590). use this method of selecting applicants professional venture capital firms Sections 108.600 through 108.680 for three reasons. First, SBA believes committed to participate in the program. describe SBA’s record keeping, record this method will enable SBA to achieve Sections 108.340 through 108.395 retention, and reporting requirements the statutory directive of ensuring, to describe SBA’s evaluation criteria and for NMVC companies. These regulations the extent possible and given the selection process for participation in the are modeled after similar regulations for applications received, nationwide NMVC program. SBA will consider ten the SBIC program (see 13 CFR 107.600 availability of developmental venture criteria in its evaluation and selection of through 107.680). SBA also will require capital. SBA will compare applications applicants for participation in the each NMVC company to provide reports both for quality and other criteria NVMC program. Most of the specified concerning the community development described in the regulations, and for the criteria are set forth in the Act. SBA will impact of each investment it makes, as geographic areas they intend to cover so use the following additional selection well as reports on its administration and as to choose the best applications for criteria not specifically described in the use of grant funds as required by each geographic area and avoid Act: the quality of the applicant’s Circular A–110 of the Office of duplication within specific geographic business plan in terms of meeting the Management and Budget, ‘‘Uniform areas. Second, SBA has received one- objectives of the program; the strength Administrative Requirements for Grants year appropriated funds for operational and likelihood for success of the and Agreements with Institutions of assistance grants, and the statute applicant’s operations and investment Higher Education, Hospitals, and other requires SBA to distribute available strategies; the need for developmental Non-Profit Organizations.’’ SBA appropriated funds pro rata among venture capital investments in the anticipates that to the extent not NMVC companies and SSBICs that geographic areas in which the applicant inconsistent with SBA’s regulations for apply for such grants. (See discussion of proposes to concentrate its activities; the NMVC program, NMVC companies’ §§ 108.2000 through 108.2040 for more and the extent of the applicant’s administration and use of grant funds information about how SBA proposes to understanding of the markets in such will be subject to OMB Circular A–110 administer the operational assistance geographic areas. Based in part on the and to Part 31 of the Federal Acquisition grant program.) Submission of all experience of other Federal agencies Regulations, 48 CFR part 31, ‘‘Contract applications for these grant funds at the with similar economic development Cost Principles and Procedures.’’ OMB same time will allow SBA to distribute programs, SBA believes these additional Circular A–110 is optional for use in these funds among all eligible and evaluation criteria are effective connection with grants to commercial qualified recipients. Third, SBA indicators of whether the objectives of organizations. SBA will apply it to believes this procedure will allow SBA the NMVC program will be met. NMVC companies in order to take to orderly administer appropriated The Act provides for SBA to advantage of existing and well-known funds it may receive in subsequent conditionally approve companies for grant administrative procedures and fiscal years, by allowing SBA to open up participation in the NMVC program, policies to facilitate SBA’s orderly the NMVC program to new rounds of based on SBA’s evaluation of their administration of grants to NMVC applicants. applications. Conditionally approved companies. (See the discussion of SBA will require applicants for companies must raise the required §§ 108.2000 through 108.2040 participation in the NMVC program to amounts of capital and of matching concerning applicability of these same
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procedures and policies to grants to such defaults. These regulations are and well-known grant administrative SSBICs.) modeled after similar regulations for the procedures and policies to facilitate Sections 108.690 through 108.692 SBIC program (see 13 CFR 107.1810 SBA’s orderly administration of grants describe SBA’s requirements for SBA’s through 107.1840). to SSBICs. examinations of NMVC companies. Section 108.1900 concerns These regulations are modeled after termination by a NMVC company of its VI. Justification for Immediate Effective similar regulations for the SBIC program participation in the NMVC program. Date of Final Rule (see 13 CFR 107.690 through 107.692). This regulation is modeled after a The Administrative Procedures Act Sections 108.700 through 108.885 similar regulation for the SBIC program (‘‘APA’’) requires that ‘‘publication or describe SBA’s requirements for (see 13 CFR 107.1900). service of a substantive rule shall be determining the eligibility of financings Sections 108.1910 through 108.1930 made not less than 30 days before its of small businesses by NMVC address miscellaneous issues, including effective date, except * * * as companies, and regarding types of application for an exemption from otherwise provided by the agency for allowable financings. These regulations regulatory requirements and the effect of good cause found and published with are modeled after similar regulations for regulation changes on transactions the rule.’’ 5 U.S.C. 553(d)(3). SBA finds the SBIC program (see 13 CFR 107.700 previously consummated. These that good cause exists to make this final through 107.885). regulations are modeled after similar rule become effective immediately the Section 108.710 sets forth the regulations for the SBIC program (see 13 same day it is published in the Federal requirement that at the close of each CFR 107.1910 through 107.1930). Register. year, 80 percent of the concerns that Section 108.1940 sets forth The purpose of this APA provision is NMVC companies have financed must procedures under which SBA may to provide interested and affected be smaller enterprises that, as of the designate additional census tracts or members of the public sufficient time to time of the initial financing, had their equivalent county divisions as low- adjust their behavior before the rule principal office in a low-income income geographic areas. This takes effect. Potential NMVC company geographic area and in which the NMVC regulation implements the authority and SSBIC applicants have had since companies have made equity capital given to SBA’s Administrator in section January 22, 2001 to consider, digest, and investments as defined in the 351(3)(A)(iii) of the SBI Act, as amended understand these regulations, the vast regulations (see proposed § 108.50). by the Act. SBA has designed these majority of which have not changed This regulation implements the procedures to allow for maximum from the form in which they were requirement outlined in the definition opportunity by interested members of published on January 22, 2001. Potential of ‘‘participation agreement’’ in section the public to ask SBA to designate applicants and other interested parties 351(6)(B) of the SBI Act. SBA interprets specific census tracts or equivalent also have had two opportunities to this statutory section to refer to 80 county divisions as additional low- participate in notice and comment percent of the businesses in which a income geographic areas. proceedings concerning these NMVC company invests. Section Sections 108.2000 through 108.2040 regulations. For these reasons, SBA 108.710 also requires that for all set forth requirements and procedures believes that potential applicants and financings extended by a NMVC for operational assistance grants to both other interested parties have had ample company, the NMVC company must NMVC companies and to SSBICs. SBA time to adjust their behavior to comply have invested at least 80 percent (in will award such grants only after with these regulations. In addition, SBA total dollars) in low-income receiving and evaluating applications in believes that potential applicants have a investments. In other words, 80 percent response to a Notice of Funds strong interest in seeing this rule get of the dollars used to finance business Availability published in the Federal implemented in final form so that they concerns must be invested in equity Register. SBA will award grants to may apply for the benefits of the NMVC capital investments in smaller SSBICs and to NMVC companies in program and so that SBA may select enterprises located in low-income areas. such a way as to promote applicants and award appropriated This provision will require that a developmental venture capital funds before such funds expire at the substantial portion of a NMVC investments nationwide and in both end of this fiscal year. company’s capital and leverage go urban and rural areas. SBA first published these regulations toward making equity investments in SBA also will require SSBICs to in the Federal Register on January 22, smaller enterprises located in low- provide reports on its administration 2001, in the form of an interim final income areas. SBA believes that this and use of grant funds as required by rule. On that same date, SBA made will fulfill one of the Act’s purposes— OMB Circular A–110, ‘‘Uniform available to the public, via its web site, to address the unmet equity investment Administrative Requirements for Grants the application forms for NMVC needs of businesses located in low- and Agreements with Institutions of company designation. SBA has made income areas. Higher Education, Hospitals, and other available to potential SSBIC applicants Sections 108.1100 through 108.1720 Non-Profit Organizations.’’ SBA the appropriate application forms upon describe SBA’s requirements and anticipates that to the extent not request. procedures for NMVC companies to inconsistent with these regulations, Despite the fact that the regulations obtain leverage from SBA and the SSBICs’ administration and use of grant originally were promulgated as an procedures governing how SBA will funds will be subject to OMB Circular interim final rule, SBA offered a 60-day fund leverage. These regulations are A–110 and to part 31 of the Federal comment period that expired on March modeled after similar regulations for the Acquisition Regulations, 48 CFR part 23, 2001. SBA received three public SBIC program (see 13 CFR 107.1100 31, ‘‘Contract Cost Principles and comments. through 107.1720). Procedures.’’ OMB Circular A–110 is SBA republished these regulations, Sections 108.1810 through 108.1840 optional for use in connection with with several limited substantive and describe defaults by NMVC companies grants to commercial organizations technical changes, as a proposed rule in on the terms and conditions governing (some SSBICs are for-profit, others are the Federal Register on April 23, 2001. their participation in the NMVC non-profit). SBA will apply it to SSBICs Some of the changes SBA made were program, and SBA’s remedies upon in order to take advantage of existing the result of its consideration of
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comments received on the interim final its funds for operational assistance grant infrastructure in underserved areas. rule. Again, SBA provided an awards, appropriated to SBA for fiscal NMVC companies will accomplish this opportunity for public comment, and year 2001, expire on September 30, by making equity investments in smaller SBA received one comment. This final 2001. SBA believes that potential enterprises, primarily located in low- rule implements the regulations as applicants are fully aware of the income geographic areas. SBA proposed, with the exception of one implication of this limitation on SBA’s anticipates that this type of investing technical change that arose from a appropriated funds. SBA must evaluate will generate both financial and social question received from an interested and select applicants for conditional returns. The social returns can include member of the public, and one approval, provide time for conditionally creating sustainable jobs at businesses substantive change that arose from a approved applicants to raise capital and receiving investments from NMVC public comment. Accordingly, SBA grant matching resources, and finalize companies, and encouraging such believes that interested members of the legal documentation and agreements businesses to provide much-needed new public have had ample opportunity to with finally selected applicants, in the products and services within participate formally in SBA’s time period between the application underserved areas. rulemaking process as well as to deadline and September 30, 2001. An SBA estimates that the NMVC influence informally SBA’s additional 30-day delay will only program will cost approximately $1 development of these governing shorten this extremely tight time frame. million annually to administer. The cost regulations and administrative For these reasons, SBA believes that to the government includes the costs of procedures. potential applicants have a stronger staff (including benefits) and all other In addition to the four months since interest in the immediate overhead expenses. SBA proposes to January 22, 2001, when these implementation of the NMVC program, select participants for the NMVC regulations first were published, than in a further 30-day delay in program and regulate NMVC operations potential applicants also will have an program implementation. to ensure that public policy objectives additional time period of approximately are being met. Toward that end, SBA one week between the effective date of VII. Regulatory Compliance Section— proposes to require NMVC companies to the final rule and SBA’s anticipated Compliance With Executive Orders provide regular performance reports and application deadline. This will allow 12866, 12988 and 13132, the Regulatory take part in annual financial potential applicants to review their Flexibility Act (5 U.S.C. 601–612), and examinations. behavior and applications and the Paperwork Reduction Act (44 SBA estimates that it will cost a determine whether they wish or need to U.S.C. Ch. 35) NMVC company approximately $6,000 make any adjustments before submitting Compliance With Executive Order to apply for designation as a NMVC company, not including a $5,000 grant their applications. 12866 SBA also believes, based on its issuance fee due in advance at the time contacts with interested members of the The Office of Management and Budget of application. This includes the cost of public, that there is stronger interest in (OMB) has reviewed this rule as a one staff person at a level comparable to the immediate implementation of the ‘‘significant’’ regulatory action under a Federal employee at a GS–13 grade NMVC program, than in a further 30-day Executive Order 12866. A regulatory level spending 160 hours to complete delay in program implementation. In assessment is set forth below. the application. After receiving addition to its formal rulemaking Low-income communities in the designation as a NMVC company, the activities, over the past three months United States face multiple and varied annual cost to the NMVC company will SBA officials have talked and met with barriers to sustainable growth. But a be based on compliance with the many potential applicants, investors, common obstacle for virtually all such reporting requirements of the program. and donors of grant matching resources, communities is that they are unable to SBA anticipates that compliance with and other interested parties, to explain attract sufficient equity capital and the reporting requirements of the the application forms, the regulations, technical assistance for starting and program will cost approximately $1,500. and SBA’s proposed administration of expanding businesses. Federal Reserve This includes the cost of one staff the NMVC program. SBA is aware of Board Chair Alan Greenspan has person at a level comparable to a many potential applicants that have observed that equity capital is crucial to Federal employee at a GS–13 grade level been putting together their application the existence of an innovative and spending approximately 40 hours packages, contacting and obtaining productive business community, preparing the required performance and commitments from potential investors especially in lower-income financial reports. The costs to NMVC and donors, and working with counsel communities. Yet the existing private companies and SSBICs that choose to on legal documentation, since January venture capital industry is heavily participate in the grant aspect of the 22, 2001. concentrated in affluent, high program include approximately $1,500 SBA also believes that interested technology regions located in only a to prepare the initial grant application members of the public are fully aware handful of states. (approximately 40 hours of work), and of the time constraints upon its In order to promote economic approximately $600 annually thereafter implementation of the NMVC program development and address the unmet to prepare the required quarterly status during this fiscal year. SBA posted on equity needs of smaller businesses reports (approximately 16 hours of its web site on January 22, 2001, a located in low-income areas, Congress work). Again, these costs are estimated preliminary overview of the NMVC passed and President Clinton signed based upon one staff person at a level program. The overview describes the into law the legislation creating the comparable to a Federal employee at a NMVC program generally and its NMVC program. SBA will use these GS–13 grade level. There also is a fee implementation during SBA’s fiscal year regulations to implement and payable by the NMVC company each 2001 specifically. As a result of this administer the NMVC program. NMVC time SBA examines the company. This overview and of the many contacts SBA companies will be newly formed for- rule sets forth a base fee for the staff have had with interested members profit investment companies with examination of $3,500. of the public, potential applicants are private management. Their objective SBA believes that there are no fully aware of the fact that SBA believes will be to create an economic alternatives to this regulatory action that
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could more adequately address the The average size of an investment by PART 108—NEW MARKETS VENTURE equity needs of the nation’s low-income a community development company is CAPITAL (‘‘NMVC’’) PROGRAM areas. In developing the regulations, approximately $300,000. Based upon a application package and reporting total funding allocation of $260 million Subpart A—Introduction to Part 108 materials SBA purposefully followed and an average investment in a small proven industry practices. Based upon business of $300,000, approximately Sec. 108.10 Description of the New Markets 867 small businesses will be affected by the foregoing, SBA believes that its rule Venture Capital Program. implements the congressionally this program during the lives of the 108.20 Legal basis and applicability of this mandated NMVC program in the most NMVC companies authorized with this part 108. cost effective and efficient manner. legislation. Based upon 1997 Economic 108.30 Amendments to Act and regulations. Census data, SBA estimates that there 108.40 How to read this part 108. Compliance With Executive Order are approximately 5 million small 12988 businesses in the United States and 867 Subpart B—Definition of Terms Used in This Part 108 SBA certifies that this rule is drafted, constitutes less than 1% of those to the extent practicable, in accordance businesses. 108.50 Definition of terms. with the standards set forth in section Further, NMVC companies must Subpart C—Qualifications for the NMVC 3 of Executive Order 12988. invest in ‘‘smaller enterprises’’ which Program are defined as businesses with a net Compliance With Executive Order worth not greater than $6 million and Organizing a NMVC Company 13132 average net income of not greater than 108.100 Business form. 108.110 Qualified management. For purposes of Executive Order $2 million. Based upon an average investment of $300,000, an investment 108.120 Economic development primary 13132, SBA has determined that this mission. rule has no federalism implications in a business with a net worth of $6 million would equate to 5% of the 108.130 Identified Low Income Geographic because the legislation authorizing it Areas. addresses private, for-profit concerns business’s net worth. A 5% investment 108.140 SBA approval of initial (NMVC companies) working directly is not likely to have a significant effect Management Expenses. with entrepreneurs. on a small business. Additionally, 108.150 Management and ownership industry practices indicate that while diversity requirement. Compliance With Regulatory Flexibility the average investment in a particular 108.160 Special rules for NMVC Companies Act, 5 U.S.C. 601–612 business is $300,000, this amount may formed as limited partnerships. not be disbursed all at once. The average The NMVC program is expected to Capitalizing a NMVC Company investment per round in the industry is result in the creation of approximately approximately $185,000, which is only 108.200 Adequate capital for NMVC 15–20 NMVC companies. The program’s 3% of the business’s net worth. Companies. impact will be felt to a greater extent on 108.210 Minimum capital requirements for the small businesses that the NMVC Compliance with Paperwork Reduction NMVC Companies. companies invest in and assist through Act, 44 U.S.C. Ch. 35 108.230 Private Capital for NMVC this program. However, SBA has For purposes of the Paperwork Companies. determined that this rule will not have Reduction Act, 44 U.S.C. Ch. 35, the Subpart D—Application and Approval a significant economic impact on a collection of information (‘‘collection’’) Process for NMVC Company Designation substantial number of small entities for this program includes the NMVC 108.300 When and how to apply for within the meaning of the Regulatory program application package and designation as a NMVC Company. Flexibility Act, 5 U.S.C. 601–612. reporting and recordkeeping 108.310 Contents of application. The legislation creating the NMVC requirements. SBA previously requested 108.320 Contents of comprehensive program authorizes $100 million to from the Office of Management and business plan. guarantee debentures to NMVC Budget (‘‘OMB’’) an emergency 108.330 Grant issuance fee. companies and $30 million for clearance of this collection. OMB Subpart E—Evaluation and Selection of operational assistance grants to NMVC reviewed and approved the collection NMVC Companies companies and SSBICs. In addition, and assigned OMB control number 108.340 Evaluation and selection—general. NMVC companies must raise capital 3245–0332. 108.350 Eligibility and completeness. totaling $100 million, and NMVC SBA has made the collection available 108.360 Evaluation criteria. companies and SSBICs must raise grant to the public on SBA’s web site at http:/ 108.370 Conditional approval. matching resources totaling $30 million. /www.sba.gov/inv and by calling Terri 108.380 Final approval as a NMVC Thus, the total funding allocation for the Dennin at (202) 205–6234. SBA already Company. NMVC program, including matching has provided the public with a 60-day Subpart F—Changes in Ownership, funds raised by NMVC companies and comment period on this collection (66 Structure, or Control SSBICs, is $260 million. These funds FR 7218). SBA received no comments have been authorized for use over a on the collection. Changes in Control or Ownership of NMVC period of five years. Based upon Company industry practices, it is highly unlikely List of Subjects in 13 CFR Part 108 108.400 Changes in ownership of 10 that the funds will be disbursed in total Community development, percent or more of NMVC Company but in one year. A NMVC company’s Government securities, Grant no change of Control. minimum life is 10 years and NMVC programs—business, Reporting and 108.410 Changes in Control of NMVC companies’ investments are typically recordkeeping requirements, Securities, Company (through change in ownership Small businesses. or otherwise). made during their first five to seven 108.420 Prohibition on exercise of years of existence. Generally, a NMVC For the reasons stated in the ownership or Control rights in NMVC company will fund three or at most four preamble, the Small Business Company before SBA approval. businesses in one year out of the 20 to Administration adds 13 CFR part 108 to 108.430 Notification to SBA of transactions 30 businesses it will fund over its life. read as follows: that may change ownership or Control.
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108.440 Standards governing prior SBA 108.660 Other items required to be filed by Funding Leverage by Use of SBA Guaranteed approval for a proposed transfer of NMVC Company with SBA. Trust Certificates (‘‘TCs’’) Control. 108.680 Reporting changes in NMVC 108.1600 SBA authority to issue and 108.450 Notification to SBA of pledge of Company not subject to prior SBA guarantee Trust Certificates. NMVC Company’s shares. approval. 108.1610 Effect of prepayment or early Restrictions on Common Control or Examinations of NMVC Companies by SBA redemption of Leverage on a Trust Ownership of Two or More NMVC for Regulatory Compliance Certificate. Companies 108.690 Examinations. 108.1620 Functions of agents, including 108.460 Restrictions on Common Control or 108.691 Responsibilities of NMVC Central Registration Agent, Selling Agent ownership of two (or more) NMVC Company during examination. and Fiscal Agent. Companies. 108.692 Examination fees. 108.1630 SBA regulation of Brokers and Dealers and disclosure to purchasers of Change in Structure of NMVC Company Subpart I—Financing of Small Businesses Leverage or Trust Certificates. 108.470 SBA approval of merger, by NMVC Companies 108.1640 SBA access to records of the CRA, consolidation, or reorganization of Determining the Eligibility of a Small Brokers, Dealers and Pool or Trust NMVC Company. Business for NMVC Financing assemblers. Subpart G—Managing the Operations of a 108.700 Compliance with size standards in Miscellaneous NMVC Company part 121 of this chapter as a condition of 108.1700 Transfer by SBA of its interest in Assistance. General Requirements a NMVC Company’s Leverage security. 108.710 Requirement to finance Low- 108.500 Lawful operations under the Act. 108.1710 SBA authority to collect or Income Enterprises. 108.502 Representations to the public. compromise its claims. 108.720 Small Businesses that may be 108.503 NMVC Company’s adoption of an ineligible for financing. 108.1720 Characteristics of SBA’s approved valuation policy. 108.730 Financings which constitute guarantee. 108.504 Equipment and office requirements. conflicts of interest. Subpart K—NMVC Company’s 108.506 Safeguarding the NMVC 108.740 Portfolio diversification Noncompliance With Terms of Leverage (‘‘overline’’ limitation). Company’s assets/Internal controls. 108.1810 Events of default and SBA’s 108.760 How a change in size or activity of 108.507 Violations based on false filings remedies for NMVC Company’s and nonperformance of agreements with a Portfolio Concern affects the NMVC Company and the Portfolio Concern. noncompliance with terms of SBA. Debentures. 108.509 Employment of SBA officials. Structuring NMVC Company’s Financing of Eligible Small Businesses Computation of NMVC Company’s Capital Management and Compensation Impairment 108.510 SBA approval of NMVC Company’s 108.800 Financings in the form of equity 108.1830 NMVC Company’s Capital Investment Adviser/Manager. interests. Impairment definition and general 108.520 Management Expenses of a NMVC 108.820 Financings in the form of Company. guarantees. requirements. 108.825 Purchasing securities from an 108.1840 Computation of NMVC Cash Management by a NMVC Company underwriter or other third party. Company’s Capital Impairment 108.530 Restrictions on investments of idle Percentage. Limitations on Disposition of Assets funds by NMVC Companies. Subpart L—Ending Operations as a NMVC 108.885 Disposition of assets to NMVC Company Borrowing by NMVC Companies From Non- Company’s Associates. SBA Sources 108.1900 Termination of participation as a Subpart J—SBA Financial Assistance for 108.550 Prior approval of secured third- NMVC Company. NMVC Companies (Leverage) party debt of NMVC companies. Subpart M—Miscellaneous General Information About Obtaining Voluntary Decrease in Regulatory Capital Leverage 108.1910 Non-waiver of SBA’s rights or 108.585 Voluntary decrease in NMVC terms of Leverage security. 108.1100 Type of Leverage and application Company’s Regulatory Capital. procedures. 108.1920 NMVC Company’s application for Subpart H—Recordkeeping, Reporting, and 108.1120 General eligibility requirement for exemption from a regulation in this part Examination Requirements for NMVC Leverage. 108. Companies 108.1130 Leverage fees payable by NMVC 108.1930 Effect of changes in this part 108 Company. on transactions previously Recordkeeping Requirements For NMVC 108.1140 NMVC Company’s acceptance of consummated. Companies SBA remedies under § 108.1810. 108.1940 Procedures for designation of 108.600 General requirement for NMVC additional Low-Income Geographic Company to maintain and preserve Maximum Amount of Leverage for Which a Areas records. NMVC Company is Eligible 108.610 Required certifications for Loans 108.1150 Maximum amount of Leverage for Subpart N—Requirements and Procedures and Investments. a NMVC Company. for Operational Assistance Grants to NMVC 108.620 Requirements to obtain information Companies and SSBICs from Portfolio Concerns. Conditional Commitments by SBA to 108.2000 Operational Assistance grants to Reserve Leverage for a NMVC Company NMVC Companies and SSBICs. Reporting Requirements for NMVC 108.1200 SBA’s Leverage commitment to a 108.2010 Restrictions on use of Operational Companies NMVC Company’application procedure, Assistance grant funds. 108.630 Requirement for NMVC companies amount, and term. 108.2020 Amount of Operational Assistance to file financial statements and 108.1220 Requirement for NMVC Company grant. supplementary information with SBA to file financial statements at the time of 108.2030 Matching requirements. (SBA Form 468). request for a draw. 108.2040 Reporting and recordkeeping 108.640 Requirement to file portfolio 108.1230 Draw-downs by NMVC Company requirements. financing reports (SBA Form 1031). under SBA’s Leverage commitment. 108.650 Requirement to report portfolio 108.1240 Funding of NMVC Company’s Authority: 15 U.S.C. 689–689q and Pub. L. valuations to SBA. draw request through sale to third-party. 106–554, 114 Stat. 2762A.
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Subpart A—Introduction to Part 108 Affiliate or Affiliates has the meaning Person described in paragraphs (1) and set forth in § 121.103 of this chapter. (2) of this definition. § 108.10 Description of the New Markets Applicant means any entity (6) Any Close Relative of any Person Venture Capital Program. submitting an application to SBA for described in paragraphs (1), (2), (4), and The New Markets Venture Capital designation as a NMVC Company under (5) of this definition. (‘‘NMVC’’) Program is a developmental this part. (7) Any Secondary Relative of any venture capital program for the purpose Articles mean articles of incorporation Person described in paragraphs (1), (2), of promoting economic development or charter for a Corporate NMVC (4), and (5) of this definition. and the creation of wealth and job Company, the partnership agreement or (8) Any concern in which— opportunities in low-income geographic certificate for a Partnership NMVC (i) Any person described in areas and among individuals living in Company, and the operating agreement paragraphs (1) through (6) of this such areas. SBA selects and then enters or other organizational documents for a definition is an officer; general partner, into participation agreements with LLC NMVC Company. or managing member; or selected newly formed venture capital Assistance or Assisted means (ii) Any such Person(s) singly or companies, and provides leverage in the Financing of or management services collectively Control or own, directly or form of debenture guarantees to such rendered to a Small Business by or indirectly, an equity interest of at least companies to allow them to make equity through a NMVC Company pursuant to 10 percent (excluding interests that such capital investments in smaller the Act and this part. Person(s) own indirectly through enterprises located in low-income Associate of a NMVC Company means ownership interests in the NMVC geographic areas. SBA also awards any of the following: Company). (9) Any concern in which any grants to such companies and to (1)(i) An officer, director, employee or Person(s) described in paragraph (7) of Specialized Small Business Investment agent of a Corporate NMVC Company; this definition singly or collectively Companies so that they can provide (ii) A Control Person, employee or own (including beneficial ownership) a operational assistance to such smaller agent of a Partnership NMVC Company; majority equity interest, or otherwise enterprises in connection with such (iii) A managing member of a LLC have Control. As used in this paragraph investments. NMVC Company; (9), ‘‘collectively’’ means together with (iv) An Investment Adviser/Manager § 108.20 Legal basis and applicability of any Person(s) described in paragraphs of any NMVC Company, including any this part 108. (1) though (7) of this definition. The regulations in this part Person who contracts with a Control (10) For the purposes of this implement Part B of Title III of the Person of a Partnership NMVC definition, if any Associate relationship Small Business Investment Act of 1958, Company to be the Investment Adviser/ described in paragraphs (1) through (7) as amended (15 U.S.C. 661 et seq.). All Manager of such NMVC Company; or of this definition exists at any time NMVC Companies must comply with all (v) Any Person regularly serving a within six months before or after the applicable SBA regulations, accounting NMVC Company on retainer in the date that a NMVC Company provides guidelines and valuation guidelines for capacity of attorney at law. Financing, then that Associate NMVC Companies, available from SBA. (2) Any Person who owns or controls, relationship is considered to exist on or who has entered into an agreement to the date of the Financing. § 108.30 Amendments to Act and own or control, directly or indirectly, at regulations. (11) If any NMVC Company has any least 10 percent of any class of stock of ownership interest in another NMVC A NMVC Company is subject to all a Corporate NMVC Company or 10 Company, the two NMVC companies are provisions of the Act and parts 108 and percent of the membership interests of Associates of each other. 112 of title 13 of the Code of Federal an LLC NMVC Company, or a limited Capital Impairment has the meaning Regulations. partner’s interest of at least 10 percent set forth in § 108.1830(b). of the partnership capital of a § 108.40 How to read this part 108. Central Registration Agent or CRA Partnership NMVC Company. However, (a) Center headings. All references in means one or more agents appointed by neither a limited partner in a SBA for the purpose of issuing TCs and this part to SBA forms, and instructions Partnership NMVC Company nor a non- for their preparation, are to the current performing the functions enumerated in managing member in an LLC NMVC § 108.1620 and performing similar issue of such forms (available from Company is considered an Associate if Investment Division, SBA). Center functions for Debentures funded outside such Person is an entity Institutional the pooling process. headings are descriptive and are used Investor whose investment in the for convenience only. They have no Close Relative of an individual means: Partnership, including commitments, (1) A current or former spouse; regulatory effect. represents no more than 33 percent of (2) A father, mother, guardian, (b) Capitalizing defined terms. Terms the capital of the NMVC Company and brother, sister, son, daughter; or defined in § 108.50 have initial no more than five percent of such (3) A father-in-law, mother-in-law, capitalization in this part 108. Person’s net worth. brother-in-law, sister-in-law, son-in-law, (c) ‘‘You.’’ The pronoun ‘‘you’’ as (3) Any officer, director, partner or daughter-in-law. used in this part 108 means a NMVC (other than a limited partner), manager, Commitment means a written Company unless otherwise noted. agent, or employee of any Associate agreement between a NMVC Company Subpart B—Definition of Terms Used described in paragraph (1) or (2) of this and an eligible Small Business that in This Part 108 definition. obligates the NMVC Company to (4) Any Person that directly or provide Financing (except a guarantee) § 108.50 Definition of terms. indirectly Controls, or is Controlled by, to that Small Business in a fixed or The following definitions apply to or is under Common Control with, a determinable sum, by a fixed or this part 108: NMVC Company. determinable future date. In this context Act means the Small Business (5) Any Person that directly or the term ‘‘agreement’’ means that there Investment Act of 1958, as amended (15 indirectly Controls, or is Controlled by, has been agreement on the principal U.S.C. 661 et seq.). or is under Common Control with, any economic terms of the Financing. The
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agreement may include reasonable (4) Any Person that controls or owns, Financing or Financed means conditions precedent to the NMVC directly or through an intervening outstanding financial assistance Company’s obligation to fund the entity, at least 50 percent of a provided to a Small Business by a commitment, but these conditions must Partnership NMVC Company or any NMVC Company, whether through: be outside the NMVC Company’s entity described in paragraphs (1) or (2) (1) Loans; control. of this definition. (2) Debt Securities; Common Control means a condition Corporate NMVC Company. See (3) Equity Securities; where two or more Persons, either definition of NMVC Company in this (4) Guarantees; or through ownership, management, section. (5) Purchases of securities of a Small contract, or otherwise, are under the Debentures means debt obligations Business through or from an Control of one group or Person. Two or issued by NMVC companies pursuant to underwriter (see § 108.825). more NMVC companies are presumed to section 355 of the Act and held or Guaranty Agreement means the be under Common Control if they are guaranteed by SBA. contract entered into by SBA which is Affiliates of each other by reason of Debt Securities are instruments a guarantee backed by the full faith and common ownership or common officers, evidencing a loan with an option or any credit of the United States Government directors, or general partners; or if they other right to acquire Equity Securities as to timely payment of principal and are managed or their investments are in a Small Business or its Affiliates, or interest on Debentures and SBA’s rights significantly directed either by a a loan which by its terms is convertible in connection with such guarantee. Includible Non-Cash Gains means common independent investment into an equity position. Consideration those non-cash gains (as reported on advisor or managerial contractor, or by must be paid for all options that you SBA Form 468) that are realized in the two or more such advisors or acquire. form of Publicly Traded and Marketable contractors that are Affiliates of each Developmental Venture Capital securities or investment grade debt other. This presumption may be means capital in the form of Equity instruments. For purposes of this rebutted by evidence satisfactory to Capital Investments in Smaller definition, investment grade debt SBA. Enterprises made with a primary instruments means those instruments Community Development Finance objective of fostering economic that are rated ‘‘BBB’’ or ‘‘Baa’’, or better, means debt and equity-type investments development in Low-Income by Standard & Poor’s Corporation or in low-income communities. Geographic Areas. Moody’s Investors Service, respectively. Conditionally Approved NMVC Distribution means any transfer of Non-rated debt may be considered to be Company means a company that— cash or non-cash assets to SBA, its agent investment grade if a NMVC Company (1) Has applied for participation as a or Trustee, or to partners in a obtains a written opinion from an NMVC Company, and Partnership NMVC Company, or to investment banking firm acceptable to (2) SBA has conditionally approved to shareholders in a Corporate NMVC SBA stating that the non-rated debt participate in the NMVC program for a Company, or to members in an LLC instrument is equivalent in risk to the specified period of time not to exceed NMVC Company. Capitalization of issuer’s investment grade debt. two years, subject to the company Retained Earnings Available for Institutional Investor means: fulfilling the requirements to be a Distribution constitutes a Distribution to (1) Entities. Any of the following NMVC Company within that specified the NMVC Company’s non-SBA entities if the entity has a net worth period of time. partners, shareholders, or members. (exclusive of unfunded commitments Control means the possession, direct Equity Capital Investments means from investors) of at least $1 million, or or indirect, of the power to direct or investments in the form of common or such higher amount as is specified in cause the direction of the management preferred stock, limited partnership this paragraph (1). (See also and policies of a NMVC Company or interests, options, warrants, or similar § 108.230(c)(4) for limitations on the other concern, whether through the equity instruments, including amount of an Institutional Investor’s ownership of voting securities, by subordinated debt with equity features commitment that may be included in contract, or otherwise. if such debt provides only for interest Private Capital.) Control Person means any Person that payments contingent upon and limited (i) A State or National bank, trust controls a NMVC Company, either to the extent of earnings. Equity Capital company, savings bank, or savings and directly or through an intervening Investments must not require loan association. entity. A Control Person includes: amortization. Equity Capital (ii) An insurance company. (1) A general partner of a Partnership Investments may be guaranteed by one (iii) A 1940 Act Investment Company NMVC Company; or more third parties; however, neither or Business Development Company (2) Any Person serving as the general Equity Capital Investments nor such (each as defined in the Investment partner, officer, director, or manager (in guarantee may be collateralized or Company Act of 1940, as amended (15 the case of a limited liability company) otherwise secured. Investments U.S.C. 8a–1 et seq.). of any entity that controls a NMVC classified as Debt Securities are not (iv) A holding company of any entity Company, either directly or through an precluded from qualifying as Equity described in paragraph (l)(i), (ii) or (iii) intervening entity; Capital Investments. Equity Capital of this definition. (3) Any Person that— Investments may provide for royalty (v) An employee benefit or pension (i) Controls or owns, directly or payments only if the royalty payments plan established for the benefit of through an intervening entity, at least 10 are based on the earnings of the employees of the Federal government, percent of a Partnership NMVC concern. any State or political subdivision of a Company or any entity described in Equity Securities means stock of any State, or any agency or instrumentality paragraphs (1) or (2) of this definition; class in a corporation, stock options, of such government unit. and warrants, limited partnership interests (vi) An employee benefit or pension (ii) Participates in the investment in a limited partnership, membership plan (as defined in the Employee decisions of the general partner of such interests in a limited liability company, Retirement Income Security Act of 1974, Partnership NMVC Company; or joint venture interests. as amended (Public Law 93–406, 88
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Stat. 829), excluding plans established making of commercial and industrial United States Department of Housing under section 401(k) of the Internal loans and whose lending operations are and Urban Development); or Revenue Code of 1986 (26 U.S.C. not for the purpose of financing its own (iii) A Rural Empowerment Zone or 401(k)), as amended). or an Associate’s sales or business Rural Enterprise Community (as (vii) A trust, foundation or operations. designated by the Secretary of the endowment exempt from Federal Leverage means financial assistance United States Department of income taxation under the Internal provided to a NMVC Company by SBA Agriculture). Revenue Code of 1986, as amended. through the guaranty of a NMVC Low-Income Individual means an (viii) A corporation, partnership or Company’s Debentures, and any other individual whose income (adjusted for other entity with a net worth (exclusive SBA financial assistance evidenced by a family size) does not exceed— of unfunded commitments from security of the NMVC Company. (1) For metropolitan areas, 80 percent investors) of more than $10 million. Leverageable Capital means of the area median income; and (ix) A State, a political subdivision of Regulatory Capital, excluding unfunded (2) For nonmetropolitan areas, the a State, or an agency or instrumentality commitments. greater of— of a State or its political subdivision. LLC NMVC Company. See definition (i) 80 percent of the area median (x) An entity whose primary purpose of NMVC Company in this section. income, or is to manage and invest non-Federal Loan means a transaction evidenced (ii) 80 percent of the statewide funds on behalf of at least three by a debt instrument with no provision nonmetropolitan area median income. Institutional Investors described in for you to acquire Equity Securities. Low-Income Investment means an paragraphs (l)(i) through (l)(ix) of this Loans and Investments means Equity Capital Investment in a Low- definition, each of whom must have at Portfolio securities, assets acquired in Income Enterprise. least a 10 percent ownership interest in liquidation of Portfolio securities, Management Expenses has the the entity. operating concerns acquired, and notes meaning set forth in § 108.520. (xi) Any other entity that SBA and other securities received, as set NAICS Manual means the latest issue determines to be an Institutional forth in the Statement of Financial of the North American Industrial Investor. Position of SBA Form 468. Classification System Manual, prepared (2) Individuals. (i) Any of the Low-Income Enterprise means a by the Office of Management and following individuals if he/she is also a Smaller Enterprise that, as of the time of Budget, and available from the U.S. permanent resident of the United States: the initial Financing, has its Principal Government Printing Office, (A) An individual who is an Office located in a Low-Income Accredited Investor (as defined in the Superintendent of Documents, P.O. Box Geographic Area. 371954, Pittsburgh, Pa., 15250–7954. Securities Act of 1933, as amended (15 Low-Income Geographic Area (‘‘LI New Markets Tax Credit program U.S.C. 77a-77aa)) and whose Area’’) means— means the tax credit created by the commitment to the NMVC Company is (1) Any population census tract (or in Consolidated Appropriations Act of backed by a letter of credit from a State the case of an area that is not tracted for 2001, Public Law 106–554 (114 Stat. or National bank acceptable to SBA. population census tracts, the equivalent 2762A), enacted December 21, 2000, to (B) An individual whose personal net county division, as defined by the be implemented by the Internal Revenue worth is at least $2 million and at least Bureau of the Census of the United Service, United States Department of ten times the amount of his or her States Department of Commerce for Treasury. commitment to the NMVC Company. purposes of defining poverty areas), if— The individual’s personal net worth (i) The poverty rate for that census New Markets Venture Capital must not include the value of any equity tract is not less than 20 percent; Company or NMVC Company means a in his or her most valuable residence. (ii) In the case of a tract— corporation (Corporate NMVC (C) An individual whose personal net (A) That is located within a Company), a limited partnership worth, not including the value of any metropolitan area, 50 percent or more of organized as required by § 108.160 equity in his or her most valuable the households in that census tract have (Partnership NMVC Company), or a residence, is at least $10 million. an income equal to less than 60 percent limited liability company (LLC NMVC (ii) Any individual who is not a of the area median gross income; or Company) that— permanent resident of the United States (B) That is not located within a (1) Has been granted final approval by but who otherwise satisfies paragraph metropolitan area, the median SBA under § 108.390, and (2)(i) of this definition provided such household income for such tract does (2) Has entered into a Participation individual has irrevocably appointed an not exceed 80 percent of the statewide Agreement with SBA. For certain agent within the United States for the median household income; or purposes, the Entity General Partner of service of process. (C) As determined by the a Partnership NMVC Company is treated Investment Adviser/Manager means Administrator in accordance with as if it were a NMVC Company (see any Person who furnishes advice or § 108.1940 of this part, a substantial § 108.160(a)). assistance with respect to operations of population of Low-Income Individuals 1940 Act Company means a NMVC a NMVC Company under a written reside, an inadequate access to Company which is registered under the contract executed in accordance with investment capital exists, or other Investment Company Act of 1940 (15 the provisions of § 108.510. indications of economic distress exist in U.S.C. 80a-1 et seq.). Lending Institution means a concern that census tract; or 1980 Act Company means a NMVC that is operating under regulations of a (2) Any area located within— Company which is registered under the state or Federal licensing, supervising, (i) A Historically Underutilized Small Business Investment Incentive or examining body, or whose shares are Business Zone (‘‘HUBZone’’) as defined Act of 1980 (Public Law 96–447, 94 Stat. publicly traded and listed on a in section 3(p) of the Small Business Act 2275). recognized stock exchange or NASDAQ and 13 CFR 126.103; Operational Assistance means and which has assets in excess of $500 (ii) An Urban Empowerment Zone or management, marketing, and other million; and which, in either case, holds Urban Enterprise Community (as technical assistance that assists a Small itself out to the public as engaged in the designated by the Secretary of the Business with its business development.
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Original Issue Price means the price cash assets purchased by a (2) Both together with its Affiliates, paid by the purchaser for securities at Conditionally Approved NMVC and by itself, meets the size standard of the time of issuance. Company or an Applicant, unless such § 121.201 of this chapter at the time of Participation Agreement means an assets have been converted to cash or Financing for the industry in which it agreement between SBA and a company have been approved by SBA for is then primarily engaged. to which SBA has granted final approval inclusion in Regulatory Capital. For Specialized Small Business under § 108.390, that— purposes of this definition, sales of (1) Details the company’s operating Investment Companies (SSBICs) means contributed non-cash assets with any Small Business Investment plan and investment criteria; and recourse or borrowing against such Company that— (2) Requires the company to make assets shall not constitute a conversion investments in Smaller Enterprises at to cash. (1) Invests solely in small business least 80 percent of which Smaller (2) Exclusion of questionable concerns that contribute to a well- Enterprises are located in LI Areas. commitments. An investor’s balanced national economy by Partnership NMVC Company. See commitment to a NMVC Company, facilitating ownership in such concerns definition of NMVC Company in this Conditionally Approved NMVC by persons whose participation in the section. Company, or Applicant is excluded free enterprise system is hampered Person means a natural person or from Regulatory Capital if SBA because of social or economic legal entity. determines that the collectability of the disadvantages; and Pool means an aggregation of SBA commitment is questionable. (2) Was licensed under section 301(d) guaranteed Debentures approved by (3) Exclusion of amounts designated SBA. of the Small Business Investment Act, as for Operational Assistance match. in effect before September 30, 1996. Portfolio means the securities Regulatory Capital excludes any portion representing a NMVC Company’s total of Private Capital that is designated as Trust means the legal entity created outstanding Financing of Smaller matching resources in accordance with for the purpose of holding guaranteed Enterprises. It does not include idle § 108.2030(b)(3). Debentures and the guaranty agreement funds or assets acquired in liquidation Relevant Venture Capital Finance related thereto, receiving, holding and of Portfolio securities. means Equity Capital Investments in making any related payments, and Portfolio Concern means a Small small businesses in low-income accounting for such payments. Business Assisted by a NMVC communities or benefiting low-income Trust Certificate Rate means a fixed Company. communities. rate determined at the time Debentures Principal Office means the location Retained Earnings Available for are pooled. where the greatest number of the Distribution means Undistributed Net concern’s employees at any one location Realized Earnings less any Unrealized Trust Certificates (TCs) means perform their work. However, for those Depreciation on Loans and Investments certificates issued by SBA, its agent or concerns whose ‘‘primary industry’’ (see (as reported on SBA Form 468), and Trustee and representing ownership of 13 CFR 121.107) is service or represents the amount that a NMVC all or a fractional part of a Trust or Pool construction (see 13 CFR 121.201), the Company may distribute to investors of Debentures. determination of principal office (including SBA) as a profit Distribution, Trustee means the trustee or trustees excludes the concern’s employees who or transfer to Private Capital. of a Trust. perform the majority of their work at SBA means the Small Business job-site locations to fulfill specific Undistributed Net Realized Earnings Administration, 409 Third Street, SW., means Undistributed Realized Earnings contract obligations. Washington, DC 20416. Private Capital has the meaning set less Non-cash Gains/Income, each as Secondary Relative of an individual reported on SBA Form 468. forth in § 108.230. means: Publicly Traded and Marketable (1) A grandparent, grandchild, or any Unrealized Appreciation means the means securities that are salable without other ancestor or lineal descendent who amount by which a NMVC Company’s restriction or that are salable within 12 is not a Close Relative; valuation of each of its Loans and months pursuant to Rule 144 (17 CFR (2) An uncle, aunt, nephew, niece, or Investments, as determined by its Board 230.144) of the Securities Act of 1933, first cousin; or of Directors or General Partner(s) in as amended, by the holder thereof, and (3) A spouse of any person described accordance with NMVC Company’s are of a class which is traded on a in paragraph (1) or (2) of this definition. valuation policies, exceeds the cost regulated stock exchange, or is listed in Small Business means a small basis thereof. the Automated Quotation System of the business concern as defined in section Unrealized Depreciation means the National Association of Securities 103(5) of the Act (including its amount by which a NMVC Company’s Dealers (NASDAQ), or has, at a Affiliates), and which meets the criteria valuation of each of its Loans and minimum, at least two market makers as applicable to the Small Business Investments, as determined by its Board defined in the relevant sections of the Investment Company program as set of Directors or General Partner(s) in Securities Exchange Act of 1934, as forth in part 121 of this chapter. accordance with NMVC Company’s amended (15 U.S.C. 77b et seq.), and in Small Business Investment Company valuation policies, is below the cost all cases the quantity of which can be (SBIC) means a Licensee, as that term is basis thereof. sold over a reasonable period of time defined in § 107.50 of this chapter. without having an adverse impact upon Smaller Enterprise means any Small Unrealized Gain (Loss) on Securities the price of the stock. Business that: Held means the sum of the Unrealized Regulatory Capital means: (1) Together with its Affiliates has a Appreciation and Unrealized (1) General. Regulatory Capital means net worth of not more than $6.0 million Depreciation on all of a NMVC Private Capital, excluding non-cash and average net income after Federal Company’s Loans and Investments, less assets contributed to a NMVC Company, income taxes (excluding any carry-over estimated future income tax expense or a Conditionally Approved NMVC losses) for the preceding two years no estimated realizable future income tax Company, or an Applicant, and non- greater than $2.0 million; or benefit, as appropriate.
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Subpart C—Qualifications for the and ownership in order to be a NMVC limited liability company or partnership NMVC Program Company. To establish diversity, you (an ‘‘Entity General Partner’’) shall be must meet the requirements in organized under state law solely for the Organizing a NMVC Company paragraphs (b) and (c) of this section. purpose of serving as the general partner § 108.100 Business form. (b) Percentage ownership of one or more NMVC companies. requirement. No Person or group of (2) SBA must approve any person A NMVC Company must be a newly Persons who are Affiliates of one formed for-profit entity or, subject to who will serve as an officer, director, another may own or control, directly or § 108.150, a newly formed for-profit manager, or general partner of the Entity indirectly, more than 70 percent of your subsidiary of an existing entity. It must General Partner. This provision must be Regulatory Capital or your Leverageable be organized under State law solely for stated in an Entity General Partner’s Capital. Certificate of Incorporation, operating the purpose of performing the functions (c) Non-affiliation requirement. At and conducting the activities agreement, limited partnership least 30 percent of your Regulatory agreement or other similar governing contemplated under the Act. It may be Capital and Leverageable Capital must organized as a corporation (‘‘Corporate instrument. be owned and controlled by Persons (3) An Entity General Partner is NMVC Company’’), a limited unaffiliated with your management and partnership (‘‘Partnership NMVC subject to the same examination and unaffiliated with each other, and whose reporting requirements as a NMVC Company’’), or a limited liability investments are significant in dollar and company (‘‘LLC NMVC Company’’). Company under sections 361 and 362 of percentage terms as determined by SBA. the Act. The restrictions and obligations § 108.110 Qualified management. Such Persons must not be your imposed upon a NMVC Company by An Applicant must show, to the Associates (except for their status as §§ 108.1810, 108.30, 108.410 through satisfaction of SBA, that its current or your shareholders, limited partners or 108.450, 108.470, 108.500, 108.510, proposed management team is qualified members) and must not Control, be 108.585, 108.600, 108.680, 108.690 and has the knowledge, experience, and Controlled by, or be under Common through 108.692, and 108.1910 apply capability in Community Development Control with any of your Associates. A also to an Entity General Partner of a Finance or Relevant Venture Capital single ‘‘acceptable’’ Institutional NMVC Company. Finance, necessary for investing in the Investor may be substituted for two or (4) The general partner(s) of your types of businesses contemplated by the three of the three investors who are Entity General Partner(s) will be Act, the regulations in this part and its otherwise required. The following considered your general partner. business plan. In determining whether Institutional Investors are ‘‘acceptable’’ (5) If your Entity General Partner is a an Applicant’s current or proposed for this purpose: limited partnership, its limited partners management team has sufficient (1) Entities whose overall activities may be considered your Control qualifications, SBA will consider are regulated and periodically examined Person(s) if they meet the definition for information provided by the Applicant by state, Federal or other governmental Control Person in § 108.50. and third parties concerning the authorities satisfactory to SBA; (b) Other requirements for Partnership background, capability, education, (2) Entities listed on the New York NMVC Companies. If you are a training and reputation of its general Stock Exchange; Partnership NMVC Company: (3) Entities that are publicly-traded partners, managers, officers, key (1) You must have a minimum and that meet both the minimum personnel, and investment committee duration of 10 years or two years numerical listing standards and the following the maturity of your last- and governing board members. The corporate governance listing standards Applicant must designate at least one maturing Leverage security, whichever of the New York Stock Exchange: is longer. After 10 years, if all Leverage individual as the official responsible for (4) Public or private employee contact with SBA. has been repaid or redeemed and all pension funds; amounts due SBA, its agent, or Trustee § 108.120 Economic development primary (5) Trusts, foundations, or have been paid, the Partnership NMVC endowments, but only if exempt from mission. Company may be terminated by a vote Federal income taxation; and The primary mission of a NMVC of your partners; (6) Other Institutional Investors Company must be economic (2) None of your general partner(s) development of one or more LI Areas. satisfactory to SBA. (d) Voting requirement. The investors may be removed or replaced by your limited partners without prior written § 108.130 Identified Low Income required for you to satisfy diversity may Geographic Areas. not delegate their voting rights to any approval of SBA; (3) Any transferee of, or successor in Person who is your Associate, or who A NMVC Company must identify the interest to, your general partner shall Controls, is Controlled by, or is under specific LI Areas in which it intends to have only the rights and liabilities of a Common Control with any of your make Developmental Venture Capital limited partner pending SBA’s written Associates, without prior SBA approval. investments and provide Operational approval of such transfer or succession; Assistance under the NMVC program. (e) Requirement to maintain diversity. You must maintain management- and (4) You must incorporate all the § 108.140 SBA approval of initial ownership diversity while you are a provisions in this paragraph (b) in your Management Expenses. NMVC Company. If, at any time, you no limited partnership agreement. A NMVC Company must have its longer have the required management- Management Expenses approved by (c) Obligations of a Control Person. ownership diversity, you must: All Control Persons are bound by the SBA at the time of designation as a (1) Notify SBA within 10 days; and NMVC Company. (See § 108.520 for the (2) Re-establish diversity within six disciplinary provisions of sections 365 definition of Management Expenses.) months. and 366 of the Act and by the conflict- of-interest rules under § 108.730. The § 108.150 Management and ownership § 108.160 Special rules for NMVC term NMVC Company, as used in diversity requirement. Companies formed as limited partnerships. §§ 108.30, 108.460, and 108.680, (a) Diversity requirement. You must (a) Entity General Partner. (1) A includes all of the NMVC Company’s have diversity between management general partner which is a corporation, Control Persons. The conditions
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specified in § 108.1810 and § 108.1910 than cash are excluded from Private demonstrates that the Applicant has the apply to all general partners. Capital. capacity to operate successfully as a (d) Liability of general partner for (e) Contributions with borrowed NMVC Company. partnership debts to SBA. Subject to funds. You may not accept any capital (c) New Markets Tax Credit program. section 365 of the Act, your general contribution made with funds borrowed Applicant must address if and to what partner is not liable solely by reason of by a Person seeking to own an equity extent it intends to conform its activities its status as a general partner for interest (whether direct or indirect, to the New Markets Tax Credit laws. If repayment of any Leverage or debts you beneficial or of record) of at least 10 Applicant plans to seek a New Markets owe to SBA unless SBA, in the exercise percent of your Private Capital. This Tax Credit, Applicant also must state of reasonable investment prudence, and exclusion does not apply if: the amount of tax credit allocation it with regard to your financial soundness, (1) Such Person’s net worth is at least intends to seek. determines otherwise prior to the twice the amount borrowed; or purchase or guaranty of your Leverage. § 108.320 Contents of comprehensive (2) SBA gives its prior written business plan. (e) Special Leverage requirement. approval of the capital contribution. Before your first issuance of Leverage, (a) Executive summary. The executive you must furnish SBA with evidence Subpart D—Application and Approval summary must include a description that you qualify as a partnership for tax Process for NMVC Company of— purposes, either by a ruling from the Designation (1) The Applicant; Internal Revenue Service or by an (2) Its strategy for how it proposes to opinion of counsel. § 108.300 When and how to apply for make successful Developmental Venture designation as a NMVC Company. Capital investments in identified LI Capitalizing a NMVC Company (a) Notice of Funds Availability (‘‘NOFA’’Areas;). § 108.200 Adequate capital for NMVC SBA will publish a NOFA in the (3) The markets in the LI Areas it Companies. Federal Register, advising potential proposes to serve; and You must meet the requirements of applicants of the availability of funds (4) How it intends to work with §§ 108.200–108.230 in order to qualify for the NMVC program. An entity may community organizations in and be for designation as a NMVC Company then submit an application for accountable to the residents of and to receive Leverage. designation as a NMVC Company. When identified LI Areas in order to facilitate submitting its application, an Applicant its Developmental Venture Capital § 108.210 Minimum capital requirements must comply with both these investments. for NMVC Companies. regulations and any requirements (b) Capacity, skills, and experience of You must have Regulatory Capital of specified in the NOFA, including the management team. An Applicant at least $5,000,000 and Leverageable submission deadlines. The NOFA may must provide information generally as Capital of at least $500,000 to become a specify limitations, special rules, to the background, capability, NMVC Company. procedures, and restrictions for a education, reputation and training of its particular funding round. general partners, managers, officers, key § 108.230 Private Capital for NMVC personnel, investment committee and Companies. (b) Application form. An Applicant governing board members. The (a) General. Private Capital means the must apply for designation as a NMVC Company using the application packet Applicant also must provide contributed capital of a NMVC information specifically on these Company, plus unfunded binding provided by SBA. Upon receipt of an application, SBA may request clarifying individuals’ qualifications and commitments by Institutional Investors reputation in the areas of Community (including commitments evidenced by a or technical information on the materials submitted as part of the Development Finance and/or Relevant promissory note) to contribute capital to Venture Capital Finance, including the a NMVC Company. application. impact of these individuals’ activities in (b) Contributed capital. For purposes § 108.310 Contents of application. these areas. of this section, contributed capital Each Applicant must submit a (c) Market analysis. An Applicant means the paid-in capital and paid-in complete application, including the must provide an analysis of the LI Areas surplus of a Corporate NMVC Company, in which it intends to focus its the members’ contributed capital of a following: (a) Amounts. The Applicant must Developmental Venture Capital LLC NMVC Company, or the partners’ indicate the amounts of— investments and Operational Assistance contributed capital of a Partnership (1) Regulatory Capital it proposes to to Smaller Enterprises, demonstrating NMVC Company, in each case subject to raise; that the Applicant understands the the limitations in paragraph (c) of this (2) Binding commitments for market and the unmet capital needs in section. (c) Exclusions from Private Capital. contributions in cash or in-kind it such areas and how its activities will Private Capital does not include: proposes to raise, and/or an annuity it meet these unmet capital needs through (1) Funds borrowed by a NMVC proposes to purchase, in accordance Developmental Venture Capital Company from any source. with the requirements of § 108.2030, as investments and will have a positive (2) Funds obtained through the its matching resources for its economic impact on those areas. The issuance of Leverage. Operational Assistance grant award (the analysis must include a description of (3) Funds obtained directly from any aggregate of which must be not less than the extent of the economic distress in Federal agency or department. 30 percent of the Regulatory Capital it the identified LI Areas. An Applicant (4) Any portion of a commitment from proposes to raise under paragraph (a)(1) also must analyze the extent of the an Institutional Investor with a net of this section). demand in such areas for worth of less than $10 million that (b) Comprehensive business plan. The Developmental Venture Capital exceeds 10 percent of such Institutional Applicant must submit a comprehensive investments and any factors or trends Investor’s net worth. business plan covering at least a five- that may affect the Applicant’s ability to (d) Non-cash capital contributions. year period, addressing the specific make effective Developmental Venture Capital contributions in a form other items described in § 108.320, and which Capital investments.
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(d) Operational capacity and (1) A description of the extent to § 108.350 Eligibility and completeness. investment strategies. An Applicant which it will concentrate its SBA will not consider any application must submit information concerning its Developmental Venture Capital that is not complete or that is submitted policies and procedures for investments and Operational Assistance by an Applicant that does not meet the underwriting and approving its activities in identified LI Areas; eligibility criteria described in subpart C Developmental Venture Capital (2) An estimate of the social, of this part. SBA, at its sole discretion, investments, monitoring its portfolio, economic, and community development may request from an Applicant and maintaining internal controls and benefits to be created within identified additional information concerning operations. LI Areas over the next five years or more eligibility criteria or easily completed (e) Regulatory Capital. An Applicant as a result of its activities; portions of the application in order to must include a detailed description of (3) A description of the criteria to be allow SBA to consider that Applicant’s how it plans to raise its Regulatory used to measure the benefits created as application. Capital. An Applicant must discuss its a result of its activities; potential sources of Regulatory Capital, § 108.360 Evaluation criteria. (4) A discussion about the amount of the estimated timing on raising such SBA will evaluate and select an such benefits created that it will funds, and the extent of the expressions Applicant for participation in the consider to constitute successfully of interest to commit such funds to the NMVC program by considering the meeting the objectives of the NMVC Applicant. following criteria— program. (f) Plan for providing Operational (a) The quality of the Applicant’s Assistance. An Applicant must describe (j) Affiliates and business comprehensive business plan in terms how it plans to use its grant funds to relationships. Applicant must submit of meeting the objectives of the NMVC provide Operational Assistance to information regarding the management program; Smaller Enterprises in which it will and financial strength of any parent or (b) The likelihood that the Applicant make Developmental Venture Capital holding entity, affiliated firm or entity, will fulfill the goals described in its investments. Its plan must address the or any other firm or entity essential to comprehensive business plan; types of Operational Assistance it the success of the Applicant’s business (c) The capability of the Applicant’s proposes to provide, and how it plans plan. management team; to provide the Operational Assistance § 108.330 Grant issuance fee. (d) The strength and likelihood for through the use of licensed success of the Applicant’s operations professionals, when necessary, either An Applicant must pay to SBA a grant and investment strategies; from its own staff or from outside issuance fee of $5,000. An Applicant (e) The need for Developmental entities. must submit this fee in advance, at the Venture Capital investments in the LI (g) Matching resources for time of application submission. If SBA Areas in which the Applicant intends to Operational Assistance grant. An does not select an Applicant as a invest; Applicant must include a detailed Conditionally Approved NMVC (f) The extent to which the Applicant description of how it plans to obtain Company or designate an Applicant as will concentrate its activities on serving binding commitments for cash or in- a NMVC Company, SBA will refund this the LI Areas in which it intends to kind contributions, and/or to purchase fee to the Applicant. invest, including the ratio of resources an annuity, to match the funds that it proposes to invest in such areas Subpart E—Evaluation and Selection requested from SBA for the Applicant’s as compared to other areas; Operational Assistance grant. If it of NMVC Companies (g) The Applicant’s demonstrated proposes to obtain commitments for § 108.340 Evaluation and selection— understanding of the markets in the LI cash or in-kind contributions, it also general. Areas in which it intends to focus its must estimate the ratio of cash to in- SBA will evaluate and select an activities; kind contributions (in no event may in- Applicant to participate in the NMVC (h) The likelihood that and the time kind contributions exceed 50 percent of program solely at SBA’s discretion, frame within which the Applicant will the total contributions). Applicant must based on SBA’s review of the be able to— discuss its potential sources of matching (1) Raise the Regulatory Capital it Applicant’s application materials, resources, the estimated timing on proposes to raise for its investments, interviews or site visits with the raising such funds, and the extent of the and Applicant (if any), and background expressions of interest to commit such (2) Obtain the binding commitments investigations conducted by SBA and funds to the Applicant. Potential for contributions in cash or in-kind and/ other Federal agencies. SBA’s sources of matching resources must or an annuity it proposes to obtain as its evaluation and selection process is satisfy the requirements in matching resources for its Operational intended to— § 108.2030(b)(1). Assistance grant award; (h) Projected amount of investment in (a) Ensure that Applicants are (i) The strength of the Applicant’s LI Areas. An Applicant must describe evaluated on a competitive basis and in proposal to provide Operational the amount of its total Regulatory a fair and consistent manner; Assistance to Smaller Enterprises in Capital and Leverage that it proposes to (b) Take into consideration the unique which it plans to invest; invest in Smaller Enterprises located in proposals presented by Applicants; (j) The extent to which the activities LI Areas, as compared to the amount (c) Ensure that each Applicant that proposed by the Applicant will promote that it proposes to invest in Small SBA designates as a NMVC Company economic development and the creation Businesses located outside of LI Areas. can fulfill successfully the goals of its of wealth and job opportunities in the (i) Projected impact. An Applicant comprehensive business plan; and LI Areas in which it intends to invest must describe the criteria and economic (d) Ensure that SBA selects and among individuals living in LI measurements to be used to evaluate Applicants in such a way as to promote Areas; and whether and to what extent it has met Developmental Venture Capital (k) The strength of the Applicant’s the objectives of the NMVC program. It investments nationwide and in both application compared to applications must include: urban and rural areas. submitted by other Applicants
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intending to invest in the same or (2) Request for exception. Before the voting any proxy, consent or proximate LI Areas. expiration of the time period given to it authorization as to such voting rights at by SBA to meet the requirements to any meeting of shareholders, partners or § 108.370 Conditional approval. become a NMVC Company, a members); From among the Applicants Conditionally Approved NMVC (c) Permit the proposed new owner(s) submitting eligible and complete Company may submit to SBA a request to participate in any manner in the applications, SBA will select a number that SBA grant the exception described conduct of your affairs (including of Applicants and will conditionally in paragraph (b)(1) of this section. Such exercising control over your books, approve such selected Applicants to Conditionally Approved NMVC must records, funds or other assets; participate in the NMVC program. SBA present to SBA evidence of good cause participating directly or indirectly in will give each such Conditionally for such request, as well as evidence any disposition thereof; or serving as an Approved NMVC Company a specific supporting the elements of the officer, director, partner, manager, period of time, not to exceed two years, exception described in paragraph (b)(1) employee or agent); or to satisfy the requirements to become a of this section. (d) Allow ownership or Control to NMVC Company. (3) No applicability to Regulatory pass to another Person. § 108.380 Final approval as a NMVC Capital. The exception described in this § 108.430 Notification to SBA of Company. section applies only to matching resources for the Operational Assistance transactions that may change ownership or (a) General rule. With respect to each Control. Conditionally Approved NMVC grant award. Under no circumstances You must promptly notify SBA as Company, SBA will either: will SBA designate a Conditionally soon as you have knowledge of (1) Grant final approval to participate Approved NMVC Company as a NMVC transactions or events that may result in in the NMVC program and designate Company if such Conditionally a transfer of Control or ownership of at such company as a NMVC Company, if Approved NMVC Company does not least 10 percent of your capital. If there such Conditionally Approved NMVC raise the required minimum amount of is any doubt as to whether a particular Company: Regulatory Capital within the time transaction or event will result in such (i) Within the specific period of time period SBA gave it to do so. a change, report the facts to SBA. SBA gave to it when SBA conditionally Subpart F—Changes in Ownership, approved it for participation in the Structure, or Control § 108.440 Standards governing prior SBA NMVC program, has raised: approval for a proposed transfer of Control. (A) The amount of Regulatory Capital Changes in Control or Ownership of SBA approval is contingent upon full set forth in its application, pursuant to NMVC Company disclosure of the real parties in interest, § 108.310(a)(1), which must be at least § 108.400 Changes in ownership of 10 the source of funds for the new owners’ $5,000,000; and interest, and other data requested by (B) The amount of matching resources percent or more of NMVC Company but no change of Control. SBA. As a condition of approving a for its Operational Assistance grant proposed transfer of control, SBA may: award set forth in its application, You must obtain SBA’s prior written (a) Require an increase in your pursuant to § 108.310(a)(2), which must approval for any proposed transfer or Regulatory Capital; be at least $1,500,000 or 30 percent of issuance of ownership interests that the Regulatory Capital it raised, results in the ownership (beneficial or of (b) Require the new owners or the whichever is greater; and record) by any Person, or group of transferee’s Control Person(s) to assume, (ii) Enters into a Participation Persons acting in concert, of at least 10 in writing, personal liability for your Agreement with SBA; or percent of any class of your stock, Leverage, effective only in the event of (2) Revoke SBA’s conditional partnership capital or membership their direct or indirect participation in approval of the company, at which time interests. any transfer of Control not approved by SBA; or it is no longer a Conditionally Approved § 108.410 Changes in Control of NMVC NMVC Company and must not Company (through change in ownership or (c) Require compliance with any other participate in the NMVC program or otherwise). conditions set by SBA, including compliance with the requirements for represent itself as a Conditionally You must obtain SBA’s prior written minimum capital and management- Approved NMVC Company. approval for any proposed transaction ownership diversity as in effect at such (b) Exception to requirement to raise or event that results in Control by any time for new NMVC Companies. matching resources. (1) General. At its Person(s) not previously approved by discretion and based upon a showing of SBA. § 108.450 Notification to SBA of pledge of good cause, SBA may consider a NMVC Company’s shares. Conditionally Approved NMVC § 108.420 Prohibition on exercise of Company to have satisfied the ownership or Control rights in NMVC (a) You must notify SBA in writing, requirement in paragraph (a)(1)(i)(B) of Company before SBA approval. within 30 calendar days, of the terms of this section to raise matching resources Without prior written SBA approval, any transaction in which: in the amount of at least 30 percent of no change of ownership or Control may (1) Any Person, or group of Persons its Regulatory Capital if the take effect and no officer, director, acting in concert, pledges shares of your Conditionally Approved NMVC employee or other Person acting on your stock (or equivalent ownership Company— behalf shall: interests) as collateral for indebtedness; (i) Already has raised at least 20 (a) Register on your books any transfer and percent of the total amount of required of ownership interest to the proposed (2) The shares pledged are at least 10 matching resources; and new owner(s); percent of your Regulatory Capital. (ii) Has a viable plan that reasonably (b) Permit the proposed new owner(s) (b) If the transaction creates a change projects its capacity to raise the to exercise voting rights with respect to of ownership or Control, you must remainder of the required amount of such ownership interest (including comply with § 108.400 or § 108.410, as matching resources. directly or indirectly procuring or appropriate.
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Restrictions on Common Control or (b) SBA approval of valuation policy. the public and is open for business Ownership of Two or More NMVC You must have a written valuation during normal working hours. Companies policy approved by SBA for use in determining the value of your Loans and § 108.506 Safeguarding the NMVC § 108.460 Restrictions on Common Company’s assets/Internal controls. Investments. You must either: Control or ownership of two (or more) You must adopt a plan to safeguard NMVC Companies. (1) Adopt without change the model valuation policy set forth in section III your assets and monitor the reliability of Without SBA’s prior written approval, of the Valuation Guidelines for SBICs; your financial data, personnel, Portfolio, you must not have an officer, director, or funds and equipment. You must provide manager, Control Person, or owner (with (2) Obtain SBA’s prior written your bank and custodian with a certified a direct or indirect ownership interest of approval of an alternative valuation copy of your resolution or other formal at least 10 percent) who is also: document describing your control (a) An officer, director, manager, policy. (c) Responsibility for valuations. Your procedures. Control Person, or owner (with a direct board of directors, managing members, or indirect ownership interest of at least § 108.507 Violations based on false filings or general partner(s) will be solely 10 percent) of another NMVC Company; and nonperformance of agreements with responsible for adopting your valuation or SBA. (b) An officer or director of any policy and for using it to prepare The following shall constitute a Person that directly or indirectly valuations of your Loans and violation of this part: controls, or is controlled by, or is under Investments for submission to SBA. If (a) Nonperformance. Nonperformance Common Control with, another NMVC SBA reasonably believes that your of any of the requirements of any Company. valuations, individually or in the Debenture or of any written agreement aggregate, are materially misstated, it with SBA. Change in Structure of NMVC Company reserves the right to require you to (b) False statement. In any document § 108.470 SBA approval of merger, engage, at your expense, an independent submitted to SBA: consolidation, or reorganization of NMVC third party acceptable to SBA to (1) Any false statement knowingly Company. substantiate the valuations. made; or You may not merge, consolidate, (d) Frequency of valuations. (1) You (2) Any misrepresentation of a change form of organization must value your Loans and Investments material fact; or (3) Any failure to state a material fact. (corporation or partnership) or at the end of the second quarter of your A material fact is any fact that is reorganize without SBA’s prior written fiscal year, and at the end of your fiscal approval. Any such merger or year. necessary to make a statement not consolidation will be subject to (2) On a case-by-case basis, SBA may misleading in light of the circumstances § 108.440. require you to perform valuations more under which the statement was made. frequently. § 108.509 Employment of SBA officials. Subpart G—Managing the Operations (3) You must report material adverse of a NMVC Company changes in valuations at least quarterly, Without SBA’s prior written approval, within thirty days following the close of for a period of two years after the date General Requirements the quarter. of your most recent issuance of Leverage (or the receipt of any SBA Assistance as § 108.500 Lawful operations under the Act. (e) Review of valuations by independent public accountant. (1) For defined in part 105 of this chapter), you You must engage only in the activities valuations performed as of the end of are not permitted to employ, offer contemplated by the Act and in no other your fiscal year, your independent employment to, or retain for activities. public accountant must review your professional services, any person who: § 108.502 Representations to the public. valuation procedures and the (a) Served as an officer, attorney, agent, or employee of SBA on or within You may not represent or imply to implementation of such procedures, including adequacy of documentation. one year before such date; and anyone that the SBA, the U.S. (b) As such, occupied a position or Government or any of its agencies or (2) The independent public accountant’s report on your audited engaged in activities which, in SBA’s officers has approved any ownership determination, involved discretion with interests you have issued or obligations annual financial statements (SBA Form 468) must include a statement that your respect to the granting of SBA you have incurred. Be certain to include Assistance. a statement to this effect in any valuations were prepared in accordance solicitation to investors. Example: You with your approved valuation policy. Management and Compensation may not represent or imply that ‘‘SBA § 108.504 Equipment and office § 108.510 SBA approval of NMVC stands behind the NMVC Company’’ or requirements. Company’s Investment Adviser/Manager. that ‘‘Your capital is safe because SBA’s experts review proposed investments to (a) Computer capability. You must You may employ an Investment make sure they are safe for the NMVC have a personal computer with a Adviser/Manager who will be subject to Company.’’ modem, and be able to use this the supervision of your board of equipment to prepare reports (using directors, managing members, or general § 108.503 NMVC Company’s adoption of SBA provided software) and transmit partner. If you have Leverage or plan to an approved valuation policy. them to SBA. In addition, you must seek Leverage, you must obtain SBA’s (a) Valuation guidelines. You must have access to the Internet and the prior written approval of the prepare, document and report the capability to send and receive electronic management contract. SBA’s approval of valuations of your Loans and mail via the Internet. an Investment Adviser/Manager for one Investments in accordance with the (b) Facsimile capability. You must be NMVC Company does not indicate Valuation Guidelines for SBICs issued able to receive facsimile messages 24 approval of that manager for any other by SBA. These guidelines may be hours per day at your primary office. NMVC Company. obtained from SBA’s Investment (c) Accessible office. You must (a) Management contract. The Division. maintain an office that is convenient to contract must:
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(1) Specify the services the (5) A checking account in a federally which include a blanket lien on all your Investment Adviser/Manager will insured institution; or assets, or a security interest in your render to you and to the Small (6) A reasonable petty cash fund. investor commitments in excess of 125 Businesses in your Portfolio; and (b) Deposit of funds in excess of the percent of the proposed borrowing. (2) Indicate the basis for computing insured amount. (1) You are permitted (d) Thirty-day approval. Unless SBA Management Expenses. to deposit funds in a federally insured notifies you otherwise within 30 days (b) Material change to approved institution in excess of the institution’s after it receives your request, you may management contract. If there is a insured amount, but only if the consider your request automatically material change, both you and SBA institution is ‘‘well capitalized’’ in approved if: must approve such change in advance. accordance with the definition set forth (1) You are in regulatory compliance; If you are uncertain if the change is in regulations of the Federal Deposit (2) The security interest in your assets material, submit the proposed revision Insurance Corporation, as amended (12 is limited to either those assets being to SBA. CFR 325.103). acquired with the borrowed funds or an (2) Exception: You may make a asset coverage ratio of no more than 2:1; § 108.520 Management Expenses of a NMVC Company. temporary deposit (not to exceed 30 (3) Your request is for approval of a days) in excess of the insured amount, secured line of credit that would not SBA must approve your initial in a transfer account established to cause your total outstanding borrowings Management Expenses and any facilitate the receipt and disbursement (not including Leverage) to exceed 50 increases in your Management of funds or to hold funds necessary to percent of your Leverageable Capital. Expenses. honor Commitments issued. (a) Definition of Management Voluntary Decrease in Regulatory (c) Deposit of funds in Associate Expenses. Management Expenses Capital institution. A deposit in, or a repurchase include: agreement with, a federally insured § 108.585 Voluntary decrease in NMVC (1) Salaries; Company’s Regulatory Capital. (2) Office expenses; institution that is your Associate is not (3) Travel; considered a Financing of such You must obtain SBA’s prior written (4) Business development; Associate under § 108.730, provided the approval to reduce your Regulatory (5) Office and equipment rental; terms of such deposit or repurchase Capital by more than two percent in any (6) Bookkeeping; and agreement are no less favorable than fiscal year. At all times, you must retain (7) Expenses related to developing, those available to the general public. sufficient Regulatory Capital to meet the investigating and monitoring Borrowing by NMVC Companies From minimum capital requirements in the investments. Non-SBA Sources Act and § 108.210, and sufficient (b) Management Expenses do not Leverageable Capital to avoid having include services provided by § 108.550 Prior approval of secured third- excess Leverage in violation of section specialized outside consultants, outside party debt of NMVC companies. 355(d) of the Act. lawyers and independent public (a) Definition. In this section, accountants, if they perform services not ‘‘secured third-party debt’’ means any Subpart H—Recordkeeping, Reporting, generally performed by a venture capital non-SBA debt secured by any of your and Examination Requirements for company. assets, including secured guarantees and NMVC Companies other contingent obligations that you Cash Management by a NMVC Recordkeeping Requirements for voluntarily assume and secured lines of Company NMVC Companies credit. § 108.530 Restrictions on investments of (b) General rule. You must get SBA’s § 108.600 General requirement for NMVC idle funds by NMVC Companies. written approval before you incur any Company to maintain and preserve records. (a) Permitted investments of idle secured third-party debt or refinance (a) Maintaining your accounting funds. Funds not invested in Small any debt with secured third-party debt, records. You must establish and Businesses must be maintained in: including any renewal of a secured line maintain your accounting records using (1) Direct obligations of, or obligations of credit, increase in the maximum SBA’s standard chart of accounts for guaranteed as to principal and interest amount available under a secured line SBICs, unless SBA approves otherwise. by, the United States, which mature of credit, or expansion of the scope of You may obtain this chart of accounts within 15 months from the date of the a security interest or lien. For purposes from SBA. investment; or of this paragraph (b), ‘‘expansion of the (b) Location of records. You must (2) Repurchase agreements with scope of a security interest or lien’’ does keep the following records at your federally insured institutions, with a not include the substitution of one asset principal place of business or, in the maturity of seven days or less. The or group of assets for another, provided case of paragraph (b)(3) of this section, securities underlying the repurchase the asset values (as reported on your at the branch office that is primarily agreements must be direct obligations most recent annual Form 468) are responsible for the transaction: of, or obligations guaranteed as to comparable. (1) All your accounting and other principal and interest by, the United (c) Conditions for SBA approval. As a financial records; States. The securities must be condition of granting its approval under (2) All minutes of meetings of maintained in a custodial account at a this section, SBA may impose such directors, stockholders, executive federally insured institution; or restrictions or limitations as it deems committees, partners, or other officials; (3) Certificates of deposit with a appropriate, taking into account your and maturity of one year or less, issued by historical performance, current financial (3) All documents and supporting a federally insured institution; or position, proposed terms of the secured materials related to your business (4) A deposit account in a federally debt and amount of aggregate debt you transactions, except for any items held insured institution, subject to a will have outstanding (including by a custodian under a written withdrawal restriction of one year or Leverage). SBA will not favorably agreement between you and a Portfolio less; or consider any requests for approval Concern or non-SBA lender, or any
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securities held in a safe deposit box, or by the concern you are financing. By filed by the Portfolio Concern (or its by a licensed securities broker in an executing this document, both parties proprietor) in lieu of financial amount not exceeding the broker’s per- certify that the concern is a Small statements, but only if appropriate for account insurance coverage. Business. For securities purchased from the size and type of the business (c) Preservation of records. You must an underwriter in a public offering, you involved. retain all the records that are the basis may substitute a prospectus showing (4) The requirements in this for your financial reports. Such records that the concern is a Small Business. paragraph (b) do not apply when you must be preserved for the periods (b) SBA Form 652, a certification by acquire securities from an underwriter specified in this paragraph (c), and must the concern you are financing that it in a public offering (see § 108.825). In remain accessible for the first two years will not illegally discriminate (see part that case, you must keep copies of all of the preservation period. 112 of this chapter). reports furnished by the Portfolio (1) You must preserve for at least 15 (c) A certification by the concern you Concern to the holders of its securities. years or, in the case of a Partnership are financing of the intended use of the (c) Information required for NMVC Company or LLC NMVC proceeds. For securities purchased from examination purposes. You must obtain Company, at least two years beyond the an underwriter in a public offering, you any information requested by SBA’s date of liquidation: may substitute a prospectus indicating examiners for the purpose of verifying (i) All your accounting ledgers and the intended use of proceeds. the certifications made by a Portfolio journals, and any other records of assets, (d) For each Low-Income Investment, Concern under § 108.610. In this regard, asset valuations, liabilities, equity, a certification by the concern you are your Financing documents must contain income, and expenses. financing as to the basis for its provisions requiring the Portfolio (ii) Your Articles, bylaws, minute qualification as a Low-Income Concern to give you and/or SBA’s books, and NMVC Company Enterprise. examiners access to its books and application. records for such purpose. (iii) All documents evidencing § 108.620 Requirements to obtain ownership of the NMVC Company information from Portfolio Concerns. Reporting Requirements for NMVC including ownership ledgers, and All the information required by this Companies ownership transfer registers. section is subject to the requirements of § 108.630 Requirement for NMVC (2) You must preserve for at least six § 108.600 and must be in English. companies to file financial statements and years all supporting documentation (a) Information for initial Financing supplementary information with SBA (SBA (such as vouchers, bank statements, or decision. Before extending any Form 468). canceled checks) for the records listed Financing, you must require the (a) Annual filing of Form 468. For in paragraph (b)(1) of this section. applicant to submit such financial each fiscal year, you must submit to (3) After final disposition of any item statements, plans of operation SBA financial statements and in your Portfolio, you must preserve for (including intended use of financing supplementary information prepared on at least six years: proceeds), cash flow analyses, SBA Form 468. You must file Form 468 (i) Financing applications and projections, and such community on or before the last day of the third Financing instruments. economic development information month following the end of your fiscal (ii) All loan, participation, and escrow about the company, as are necessary to year, except for the information required agreements. support your investment decision. The under paragraphs (e) and (f) of this (iii) Size status declarations (SBA information submitted must be section, which must be filed on or Form 480). (iv) Any capital stock certificates and consistent with the size and type of the before the last day of the fifth month warrants of the Portfolio Concern that business and the amount of the following the end of your fiscal year. (1) Audit of Form 468. An you did not surrender or exercise. proposed Financing. (v) All other documents and (b) Updated financial and community independent public accountant supporting material relating to the economic development information. (1) acceptable to SBA must audit the Portfolio Concern, including The terms of each Financing must annual Form 468. (2) Insurance requirement for public correspondence. require the Portfolio Concern to provide, (4) You may substitute a microfilm or at least annually, sufficient financial accountant. Unless SBA approves computer-scanned or generated copy for and community economic development otherwise, your independent public the original of any record covered by information to enable you to perform accountant must carry at least this paragraph (c). the following required procedures: $1,000,000 of Errors and Omissions (d) Additional requirement. You must (i) Evaluate the financial condition of insurance, or be self-insured and have a comply with the recordkeeping and the Portfolio Concern for the purpose of net worth of at least $1,000,000. record retention requirements set forth valuing your investment; (b) Interim filings of Form 468. When in Circular A–110 of the Office of (ii) Determine the continued requested by SBA, you must file interim Management and Budget. (OMB eligibility of the Portfolio Concern; reports on Form 468. SBA may require circulars are available from the (iii) Verify the use of Financing you to file the entire form or only addresses in 5 CFR 1310.3.) proceeds; and certain statements and schedules. You (iv) Evaluate the community must file such reports on or before the § 108.610 Required certifications for Loans economic development impact of the last day of the month following the end and Investments. Financing. of the reporting period. When you For each of your Loans and (2) The president, chief executive submit a request for a draw under an Investments, you must have the officer, treasurer, chief financial officer, SBA Leverage commitment, you must documents listed in this section. You general partner, or proprietor of the also comply with any applicable filing must keep these documents in your files Portfolio Concern must certify the requirements set forth in § 108.1220. and make them available to SBA upon information submitted to you. (c) Standards for preparation of Form request. (3) For financial and valuation 468. You must prepare SBA Form 468 (a) SBA Form 480, the Size Status purposes, you may accept a complete in accordance with SBA’s Accounting Declaration, executed both by you and copy of the Federal income tax return Standards and Financial Reporting
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Requirements for Small Business prospectus, letter, or other publication notifies you to the contrary within 90 Investment Companies, which you may concerning your financial operations or days after receiving it. SBA’s approval is obtain from SBA. those of any Portfolio Concern. contingent upon your full disclosure of (d) Where to file Form 468. Submit all (b) Documents filed with SEC. You all relevant facts and is subject to any filings of Form 468 to the Office of New must give SBA a copy of any report, conditions SBA may prescribe. Markets Venture Capital in the application or document you file with Examinations of NMVC Companies by Investment Division of SBA. the Securities and Exchange SBA for Regulatory Compliance (e) Reporting of social, economic, or Commission. community development impact (c) Litigation reports. When you § 108.690 Examinations. information on Form 468. Your annual become a party to litigation or other filing of SBA Form 468 must include an proceedings, you must give SBA a All NMVC companies must submit to assessment of the social, economic, or report within 30 days that describes the annual examinations by or at the community development impact of each proceedings and identifies the other direction of SBA for the purpose of Financing. This assessment must parties involved and your relationship evaluating regulatory compliance. specify the fulltime equivalent jobs to them. § 108.691 Responsibilities of NMVC created, the impact of the Financing on (1) The proceedings covered by this Company during examination. the revenues and profits of the business paragraph (c) include any action by you, You must make all books, records and and on taxes paid by the business and or by your security holder(s) in a other pertinent documents and its employees, and a listing of the personal or derivative capacity, against materials available for the examination, number and percentage of employees an officer, director, Investment Adviser including any information required by who reside in LI Areas. or other Associate of yours for alleged the examiner under § 108.620(c). In (f) Reporting of community breach of official duty. addition, the agreement between you development information. For each (2) SBA may require you to submit and the independent public accountant Financing of a Low-Income Enterprise, copies of the pleadings and other performing your audit must provide that your Form 468 must include an documents SBA may specify. assessment of such Financing with (3) Where proceedings have been any information in the accountant’s respect to: terminated by settlement or final working papers be made available to (1) The social, economic or judgment, you must promptly advise SBA upon request. community development benefits SBA of the terms. § 108.692 Examination fees. achieved as a result of the Financing; (4) This paragraph (c) does not apply (2) How and to what extent such to collection actions or proceedings to (a) General. SBA will assess fees for benefits fulfilled the goals of your enforce your ordinary creditors’ rights. examinations in accordance with this comprehensive business plan and (d) Notification of criminal charges. If section. Unless SBA determines Participation Agreement; any officer, director, or general partner otherwise on a case by case basis, SBA (3) Whether you consider the of the NMVC Company, or any other will not assess fees for special Financing or the results of the Financing person who was required by SBA to examinations to obtain specific to have fulfilled the objectives of the complete a personal history statement, information. NMVC program; and is charged with or convicted of any (b) Base fee. A base fee of $3,500 will (4) Whether, and if so, how you criminal offense other than a be assessed, subject to adjustment in achieved accountability to the residents misdemeanor involving a minor motor accordance with paragraph (c) of this of the LI Area in connection with that vehicle violation, you must report the section. Financing. incident to SBA within 5 calendar days. (c) Adjustments to base fee. The base § 108.640 Requirement to file portfolio Such report must fully describe the facts fee will be decreased based on the financing reports (SBA Form 1031). that pertain to the incident. following criteria: For each Financing you make (e) Reports concerning Operational (1) If you have no outstanding (excluding guarantees), you must submit Assistance grant funds. You must regulatory violations at the time of the a Portfolio Financing Report on SBA comply with all reporting requirements commencement of the examination and Form 1031 within 30 days of the closing set forth in Circular A–110 of the Office SBA did not identify any violations as date. of Management and Budget and any a result of the most recent prior grant award document executed examination, you will receive a 15% § 108.650 Requirement to report portfolio between you and SBA. discount on your base fee; and valuations to SBA. (f) Other reports. You must file any (2) If you were fully responsive to the You must determine the value of your other reports SBA may require in letter of notification of examination Loans and Investments in accordance writing. (that is, you provided all requested with § 108.503. You must report such documents and information within the valuations to SBA within 90 days of the § 108.680 Reporting changes in NMVC Company not subject to prior SBA time period stipulated in the end of the fiscal year in the case of approval. notification letter in a complete and annual valuations, and within 30 days accurate manner, and you prepared and following the close of other reporting (a) Changes to be reported for post- approval. This section applies to any had available all information requested periods. You must report material by the examiner for on-site review), you adverse changes in valuations at least changes in your Articles, ownership, capitalization, management, operating will receive a 10% discount on your quarterly, within thirty days following base fee. the close of the quarter. area, or investment policies that do not require SBA’s prior approval. You must (d) Delay fee. If, in the judgment of § 108.660 Other items required to be filed report such changes to SBA within 30 SBA, the time required to complete your by NMVC Company with SBA. days for post approval. examination is delayed due to your lack (a) Reports to owners. You must give (b) Approval by SBA. You may of cooperation or the condition of your SBA a copy of any report you furnish to consider any change submitted under records, SBA may assess an additional your investors, including any this section to be approved unless SBA fee of up to $500 per day.
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Subpart I—Financing of Small effective control and supervision, on a (1) The assets of the business are to Businesses by NMVC Companies day to day basis, over persons employed be reduced or consumed, generally under contract; or without replacement, as the life of the Determining the Eligibility of a Small (iii) It passes through substantially all business progresses, and the nature of Business for NMVC Financing of the proceeds of the Financing to the business requires that a stream of § 108.700 Compliance with size standards another entity. cash payments be made to the in part 121 of this chapter as a condition of (2) Exception for pass-through of business’s financing sources, on a basis Assistance. proceeds to subsidiary. With the prior associated with the continuing sale of You are permitted to provide financial written approval of SBA, you may assets. Examples include real estate assistance and management services finance a passive business if it is a development projects and oil and gas only to a Small Business. To determine Small Business and it passes wells; or whether an applicant meets the size substantially all the proceeds through to (2) The primary purpose of the standards for a Small Business, you may one or more subsidiary companies, each Financing is to fund production of a use either the financial size standards in of which is an eligible Small Business single item or defined limited number of § 121.301(c)(1) of this chapter or the that is not passive. For the purpose of items, generally over a defined industry standard covering the industry this paragraph (b) (2), ‘‘subsidiary production period, and such production in which the applicant is primarily company’’ means a company in which will constitute the majority of the engaged, as set forth in § 121.301(c)(2) of at least 50 percent of the outstanding activities of the Small Business. this chapter. voting securities are owned by the Examples include motion pictures and Financed passive business. electric generating plants. § 108.710 Requirement to finance Low- (3) Exception for certain Partnership (e) Farm land purchases. You are not Income Enterprises. NMVC companies. With the prior permitted to finance the acquisition of (a) Low-Income Enterprise Financings. written approval of SBA, if you are a farmland. Farmland means land, which At the close of each of your fiscal Partnership NMVC Company, you may is or is intended to be used for years— form one or more wholly owned agricultural or forestry purposes, such (1) At least 80 percent of your corporations in accordance with this as the production of food, fiber, or Portfolio Concerns must be Low-Income paragraph (b) (3). The sole purpose of wood, or is so taxed or zoned. Enterprises in which you have an Equity such corporation(s) must be to provide (f) Public interest. You are not Capital Investment; and Financing to one or more eligible, permitted to finance any business if the (2) For all Financings you have unincorporated Small Businesses. You proceeds are to be used for purposes extended, you must have invested at may form such corporation(s) only if a contrary to the public interest, including least 80 percent (in total dollars) in direct Financing to such Small but not limited to activities which are in Equity Capital Investments in Low- Businesses would cause any of your violation of law, or inconsistent with Income Enterprises. investors to incur unrelated business free competitive enterprise. (b) Non-compliance with this section. taxable income under section 511 of the (g) Foreign investment. (1) General If you have not reached the percentages Internal Revenue Code of 1986, as rule. You are not permitted to finance a required in paragraph (a) of this section amended (26 U.S.C. 511). Your business if: at the end of any fiscal year, then you investment of funds in such (i) The funds will be used must be in compliance by the end of the corporation(s) will not constitute a substantially for a foreign operation; or following fiscal year. However, you will violation of § 108.730(a). (ii) At the time of the Financing or not be eligible for additional Leverage (c) Real Estate Businesses. (1) You are within one year thereafter, more than 49 until such time as you reach the not permitted to finance: percent of the employees or tangible required percentages (see § 108.1120). (i) Any business classified under assets of the Small Business are located subsector 5311 (Lessors of Real Estate) outside the United States (unless you § 108.720 Small Businesses that may be of the NAICS Manual; or can show, to SBA’s satisfaction, that the ineligible for financing. (ii) Any business listed under Financing was used for a specific (a) Relenders or reinvestors. You are subsector 5312 (Offices of Real Estate domestic purpose). not permitted to finance any business Agents and Brokers) unless at least 80 (2) Exception. This paragraph (g) does that is a relender or reinvestor. percent of the revenue is derived from not prohibit a Financing used to acquire Relenders or reinvestors are businesses non-Affiliate sources. foreign materials and equipment or whose primary business activity (2) You are not permitted to finance foreign property rights for use or sale in involves, directly or indirectly, a business, regardless of NAICS the United States. providing funds to others, purchasing classification, if the Financing is to be (h) Financing NMVC companies or debt obligations, factoring, or long-term used to acquire or refinance real SBICs. You are not permitted to provide leasing of equipment with no provision property, unless the Small Business: funds, directly or indirectly, that the for maintenance or repair. (i) Is acquiring an existing property Small Business will use: (b) Passive Businesses. You are not and will use at least 51 percent of the (1) To purchase stock in or provide permitted to finance a passive business. usable square footage for an eligible capital to a NMVC Company or SBIC; or (1) Definition. A business is passive if: business purpose; or (2) To repay an indebtedness incurred (i) It is not engaged in a regular and (ii) Is building or renovating a for the purpose of investing in a NMVC continuous business operation (for building and will use at least 67 percent Company or SBIC. purposes of this paragraph (b), the mere of the usable square footage for an receipt of payments such as dividends, eligible business purpose; or § 108.730 Financings which constitute rents, lease payments, or royalties is not (iii) Occupies the subject property and conflicts of interest. considered a regular and continuous uses at least 67 percent of the usable (a) General rule. You must not self- business operation); or square footage for an eligible business deal to the prejudice of a Small (ii) Its employees are not carrying on purpose. Business, the NMVC Company, its the majority of day to day operations, (d) Project Financing. You are not shareholders or partners, or SBA. Unless and the company does not provide permitted to finance a business if: you obtain a prior written exemption
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from SBA for special instances in which attempting to procure, or influencing (f) 1940 and 1980 Act Companies: a Financing may further the purposes of your action with respect to such SEC exemptions. If you are a 1940 or the Act despite presenting a conflict of Assistance. 1980 Act Company and you receive an interest, you must not directly or (c) Applicability of other laws. You exemption from the Securities and indirectly: are also bound by any restrictions in Exchange Commission for a transaction (1) Provide Financing to any of your Federal or State laws governing conflicts described in this section, you need not Associates, except for a Small Business of interest and fiduciary obligations. obtain SBA’s approval of the that satisfies all of the following (d) Financings with Associates. (1) transaction. However, you must conditions: Financings with Associates requiring promptly notify SBA of the transaction. (i) Your Associate relationship with prior approval. Without SBA’s prior (g) Restriction on options obtained by the Small Business is described by written approval, you may not Finance NMVC Company’s management and paragraph (8) or (9) of the definition of any business in which your Associate employees. Your employees, officers, Associate in § 108.50; has either a voting equity interest or directors, managing members or general (ii) No Person triggering the Associate total equity interests (including partners, or the general partners of the relationship identified in paragraph potential interests) of at least five management company that is providing (a)(1)(i) of this section is a Close percent, except as otherwise permitted services to you or to your general Relative or Secondary Relative of any under paragraph (a)(1) of this section. partner, may obtain options in a Person described in paragraph (1), (2), (2) Other Financings with Associates. Financed Small Business only if: (4), or (5) of the definition of Associate If you and an Associate provide (1) They participate in the Financing in § 108.50; and Financing to the same Small Business, on a pari passu basis with you; or (iii) No single Associate of yours has either at the same time or at different (2) SBA gives its prior written either a voting interest or an economic times, you must be able to demonstrate approval; or interest in the Small Business exceeding to SBA’s satisfaction that the terms and (3) The options received are 20 percent, and no two or more of your conditions are (or were) fair and compensation for service as a member of Associates have either a voting interest equitable to you, taking into account the board of directors of the Small or an economic interest exceeding 33 any differences in the timing of each Business, and such compensation does percent. Economic interests shall be party’s financing transactions. not exceed that paid to other outside computed on a fully diluted basis, and (3) Exceptions to paragraphs (d)(l) directors. In the absence of such both voting and economic interests shall and (d)(2) of this section. A Financing directors, fees must be reasonable when exclude any interest owned through the that falls into one of the following compared with amounts paid to outside NMVC Company. categories is exempt from the prior directors of similar companies. (2) Provide Financing to an Associate approval requirement in paragraph of another NMVC Company if one of (d)(1) of this section or is presumed to § 108.740 Portfolio diversification your Associates has received or will be fair and equitable to you for the (‘‘overline’’ limitation). receive any direct or indirect Financing purposes of paragraph (d)(2) of this (a) Without SBA’s prior written or a Commitment from that NMVC section, as appropriate: approval, you may provide Financing or Company or a third NMVC Company (i) Your Associate is a Lending a Commitment to a Small Business only (including Financing or Commitments Institution that is providing financing if the resulting amount of your aggregate received under any understanding, under a credit facility in order to meet outstanding Financings and agreement, or cross dealing, reciprocal the operational needs of the Small Commitments to such Small Business or circular arrangement). Business, and the terms of such and its Affiliates does not exceed 20 (3) Borrow money from: financing are usual and customary. percent of the sum of: (i) A Small Business Financed by you; (ii) Your Associate invests in the (1) Your Regulatory Capital as of the (ii) An officer, director, or owner of at Small Business on the same terms and date of the Financing or Commitment; least a 10 percent equity interest in such conditions and at the same time as you. plus business; or (iii) Both you and your Associate are (2) Any permitted Distribution(s) you (iii) A Close Relative of any such NMVC companies. made during the five years preceding officer, director, or equity owner. (e) Use of Associates to manage the date of the Financing or (4) Provide Financing to a Small Portfolio Concerns. To protect your Commitment which reduced your Business to discharge an obligation to investment, you may designate an Regulatory Capital. your Associate or free other funds to pay Associate to serve as an officer, director, (b) For the purposes of paragraph (a) such obligation. This paragraph (a)(4) or other participant in the management of this section, you must measure each does not apply if the obligation is to an of a Small Business. You must identify outstanding Financing at its current cost Associate Lending Institution and is a any such Associate in your records plus any amount of the Financing that line of credit or other obligation available for SBA’s review under was previously written off. incurred in the normal course of § 108.600. Without SBA’s prior written business. approval, the Associate must not: § 108.760 How a change in size or activity (b) Rules applicable to Associates. (1) Have any other direct or indirect of a Portfolio Concern affects the NMVC Without SBA’ s prior written approval, financial interest in the Portfolio Company and the Portfolio Concern. your Associates must not, directly or Concern that exceeds, or has the (a) Effect on NMVC Company of a indirectly: potential to exceed, the percentages of change in size of a Portfolio Concern. If (1) Borrow money from any Person the Portfolio Concern’s equity set forth a Portfolio Concern no longer qualifies described in paragraph (a)(3) of this in paragraph (a)(1) of this section. as a Small Business you may keep your section. (2) Receive any income or anything of investment in the concern and: (2) Receive from a Small Business any value from the Portfolio Concern unless (1) Subject to the overline limitations compensation in connection with it is for your benefit, with the exception of § 108.740, you may provide Assistance you provide (except as of director’s fees, expenses, and additional Financing to the concern up permitted under § 108.825(c)), or distributions based upon the Associate’s to the time it makes a public offering of anything of value for procuring, ownership interest in the Concern. its securities.
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(2) Even after the concern makes a of a Small Business to any non- include the amount for which you may public offering, you may exercise any Associate creditor. be contingently liable in your overline stock options, warrants, or other rights (b) Exception. You may not issue a computation. to purchase Equity Securities which you guaranty if: (e) Purchases of securities from other acquired before the public offering, or (1) You would become subject to State non-issuers. You may purchase fund Commitments you made before the regulation as an insurance, guaranty or securities of a Small Business from a public offering. surety business; or non-issuer not previously described in (b) Effect of a change in business (2) The amount of the guaranty plus this section if such acquisition is a activity occurring within one year of any direct Financings to the Small reasonably necessary part of the overall NMVC Company’s initial Financing. (1) Business exceed the overline limitations sound Financing of the Small Business. Retention of Investment. Unless you of § 108.740, except that a pledge of the Limitations on Disposition of Assets receive SBA’s written approval, you Equity Securities of the issuer or a may not keep your investment in a subordination of your lien or creditor § 108.885 Disposition of assets to NMVC Portfolio Concern, small or otherwise, position does not count toward your Company’s Associates. which becomes ineligible by reason of a overline. Except with SBA’s prior written change in its business activity within (c) Pledge of NMVC Company’s assets approval, you are not permitted to one year of your initial investment. as guaranty. For purposes of this dispose of assets (including assets (2) Request for SBA ’s approval to section, a guaranty with recourse only to acquired in liquidation) to any retain investment. If you request that specific asset(s) you have pledged is Associate. As a prerequisite to such SBA approve the retention of your equal to the fair market value of such approval, you must demonstrate that the investment, your request must include asset(s) or the amount of the debt proposed terms of disposal are at least sufficient evidence to demonstrate that guaranteed, whichever is less. as favorable to you as the terms the change in business activity was § 108.825 Purchasing securities from an obtainable elsewhere. caused by an unforeseen change in underwriter or other third party. circumstances and was not Subpart J—SBA Financial Assistance contemplated at the time the Financing (a) Securities purchased through or for NMVC Companies (Leverage) was made. from an underwriter. You may purchase (3) Additional Financing. If SBA the securities of a Small Business General Information About Obtaining approves your request to retain an through or from an underwriter if: Leverage (1) You purchase such securities investment under paragraph (b)(2) of § 108.1100 Type of Leverage and this section, you may provide additional within 90 days of the date the public offering is first made; application procedures. Financing to the Portfolio Concern to (a) Type of Leverage available. You the extent necessary to protect against (2) Your purchase price is no more than the original public offering price; may apply for Leverage from SBA in the the loss of the amount of your original form of a guarantee of your Debentures. investment, subject to the overline and (3) The amount paid by you for the (b) Applying for Leverage. The limitations of § 108.740. Leverage application process has two (c) Effect of a change in business securities (less ordinary and reasonable parts. You must first apply for SBA’s activity occurring more than one year underwriting charges and commissions) conditional commitment to reserve a after the initial Financing. If a Portfolio has been, or will be, paid to the Small specific amount of Leverage for your Concern becomes ineligible because of a Business, and the underwriter certifies future use. You may then apply to draw change in business activity more than in writing that this requirement has down Leverage against the commitment. one year after your initial Financing you been met. (b) Recordkeeping requirements. You See §§ 108.1200 through 108.1240. may: (c) Where to send your application. (1) Retain your investment; and must keep records available for SBA’s (2) Provide additional Financing to inspection which show the relevant Send all Leverage applications to SBA, the Portfolio Concern to the extent details of the transaction, including, but Investment Division Office of New necessary to protect against the loss of not limited to, date, price, commissions, Markets Venture Capital, 409 Third the amount of your original investment, and the underwriter’s certifications Street, SW., Washington, DC 20416. required under paragraphs (a)(3) and (c) subject to the overline limitations of § 108.1120 General eligibility requirement § 108.740. of this section. for Leverage. (c) Underwriter’s requirements. The Structuring NMVC Company’s underwriter must certify whether it is To be eligible for Leverage, you must Financing of Eligible Small Businesses your Associate. You may pay reasonable be in compliance with the Act, the and customary commissions and regulations in this part, and your § 108.800 Financings in the form of equity Participation Agreement. interests. expenses to an Associate underwriter for the portion of an offering that you You may not, inadvertently or § 108.1130 Leverage fees payable by purchase. otherwise: NMVC Company. (a) Become a general partner in any (d) Securities purchased from another There is no fee for the issuance of unincorporated business; or NMVC Company or from SBA. You may Debentures by a NMVC Company. (b) Become jointly or severally liable purchase from, or exchange with, another NMVC Company, Portfolio § 108.1140 NMVC Company’s acceptance for any obligations of an unincorporated of SBA remedies under § 108.1810. business. securities (or any interest therein). Such purchase or exchange may only be made If you issue Leverage, you § 108.820 Financings in the form of on a non-recourse basis. You may not automatically agree to the terms and guarantees. have more than one-third of your total conditions in § 108.1810 as it exists at (a) General rule. At the request of a assets (valued at cost) invested in such the time of issuance. The effect of these Small Business or where necessary to securities. If you have previously sold terms and conditions is the same as if protect your existing investment, you Portfolio securities (or any interest they were fully incorporated in the may guarantee the monetary obligation therein) on a recourse basis, you shall terms of your Leverage.
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Maximum Amount of Leverage for Debenture and to sell it with SBA’s (iii) An individual who is authorized Which a NMVC Company Is Eligible guarantee. to act as or for a general partner of the (b) Limitations on amount of draw. NMVC Company; or § 108.1150 Maximum amount of Leverage (iv) An individual who is authorized for a NMVC Company. The amount of a draw must be a multiple of $5,000. SBA, in its to act as or for a member-manager of the The face amount of a NMVC discretion, may determine a minimum NMVC Company. Company’s outstanding Debentures may dollar amount for draws against SBA’s (4) A statement that the proceeds are not exceed 150 percent of its Leverage commitments. Any such needed to fund one or more particular Leverageable Capital. minimum amounts will be published in Small Businesses or to provide liquidity Conditional Commitments by SBA To Notices in the Federal Register from for your operations. If required by SBA, Reserve Leverage for a NMVC Company time to time. the statement must include the name (c) Effect of regulatory violations on and address of each Small Business, and § 108.1200 SBA’s Leverage commitment to NMVC Company’s eligibility for draws. the amount and anticipated closing date a NMVC Company—application procedure, of each proposed Financing. amount, and term. (1) General rule. You are eligible to make a draw against SBA’s Leverage (e) Reporting requirements after (a) General. Under the provisions in drawing funds. (1) Within 30 calendar §§ 108.1200 through 108.1240, you may commitment only if you are in compliance with all applicable days after the actual closing date of each apply for SBA’s conditional Financing funded with the proceeds of commitment to reserve a specific provisions of the Act and SBA regulations (i.e., no unresolved statutory your draw, you must file an SBA Form amount and type of Leverage for your 1031 confirming the closing of the future use. You may then apply to draw or regulatory violations) and your Participation Agreement. transaction. down Leverage against the commitment. (2) If SBA required you to provide (b) Applying for a Leverage (2) Exception to general rule. If you information concerning a specific commitment. SBA will notify you when are not in compliance, you may still be planned Financing under paragraph it is accepting requests for Leverage eligible for draws if: (d)(4) of this section, and such commitments. Upon receipt of your (i) SBA determines that your Financing has not closed within 60 request, SBA will send you a complete outstanding violations are of non- calendar days after the anticipated application package. substantive provisions of the Act or closing date, you must give SBA a (c) Limitations on the amount of a regulations or your Participation written explanation of the failure to Leverage commitment. The amount of a Agreement and that you have not close. Leverage commitment must be a repeatedly violated any non-substantive (3) If you do not comply with this multiple of $5,000. SBA, in its provisions; or paragraph (e), you will not be eligible discretion, may determine a minimum (ii) You have agreed with SBA on a for additional draws. SBA may also dollar amount for Leverage course of action to resolve your determine that you are not in commitments. Any such minimum violations and such agreement does not compliance with the terms of your amounts will be published in Notices in prevent you from issuing Leverage. Leverage under § 108.1810. the Federal Register from time to time. (d) Procedures for funding draws. You (d) Term of Leverage commitment. may request a draw at any time during § 108.1240 Funding of NMVC Company’s draw request through sale to third-party. SBA’s Leverage commitment will the term of the commitment. With each automatically lapse on the expiration request, submit the following (a) NMVC Company’s authorization of date stated in the commitment letter documentation: SBA to arrange sale of securities to third-party. By submitting a request for issued to you by SBA. (1) A statement certifying that there a draw of Debenture Leverage, you has been no material adverse change in § 108.1220 Requirement for NMVC authorize SBA, or any agent or trustee your financial condition since your last Company to file financial statements at the SBA designates, to enter into any time of request for a draw. filing of SBA Form 468 (see also agreements (and to bind you to such § 108.1220 for SBA Form 468 filing (a) If you submit a request for a draw agreements) necessary to accomplish: against SBA’s Leverage commitment requirements). (1) The sale of your Debenture to a more than 90 days since your (2) If your request is submitted more third-party at a rate approved by SBA; submission of an annual Form 468 or a than 30 days following the end of your and Form 468 (Short Form), you must: fiscal year, but before you have (2) The purchase of your security from (1) Give SBA a financial statement on submitted your annual filing of SBA the third-party and the pooling of your Form 468 (Short Form); and Form 468 (Long Form) in accordance security with other securities with the (2) File a statement of no material with § 108.630(a), a preliminary same maturity date. adverse change in your financial unaudited annual financial statement on (b) Sale of Debentures to a third-party. condition since your last filing of Form SBA Form 468 (Short Form). If SBA arranges for the sale of your 468. (3) A statement certifying that to the Debenture to a third-party, the sale price (b) You will not be eligible for a draw best of your knowledge and belief, you may be an amount discounted from the if you are not in compliance with this are in compliance with all provisions of face amount of the Debenture. section. the Act and SBA regulations (i.e., no unresolved regulatory or statutory Funding Leverage by use of SBA § 108.1230 Draw-downs by NMVC Guaranteed Trust Certificates (‘‘TCs’’) Company under SBA’s Leverage violations) and your Participation commitment. Agreement, or a statement listing any § 108.1600 SBA authority to issue and (a) NMVC Company’s authorization of specific violations you are aware of. guarantee Trust Certificates. SBA to guarantee securities. By Either statement must be executed by (a) Authorization. Section 356 of the submitting a request for a draw against one of the following: Act authorizes SBA to issue TCs and to SBA’s Leverage commitment, you (i) An officer of the NMVC Company; guarantee the timely payment of the authorize SBA, or any agent or trustee (ii) An officer of a corporate general principal and interest thereon. Any SBA designates, to guarantee your partner of the NMVC Company; guarantee by SBA of such TC is limited
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to the principal and interest due on the unpaid principal and interest on the to be paid upon prepayment of Debentures in any Trust or Pool backing TCs; provided, however, that in the case Debentures; such TC. The full faith and credit of the of the prepayment of a Debenture (vi) Hold, safeguard, and release all United States is pledged to the payment pursuant to the provisions of the Debentures constituting Trusts or Pools of all amounts due under the guarantee Guaranty Agreement relating to the upon instructions from SBA; of any TC. Debenture, the CRA shall pass through (vii) Remain custodian of such other (b) SBA authority to arrange public or pro rata to the holders of the TCs any documentation as SBA shall direct by private fundings of Leverage. SBA in its such prepayments including any written instructions; discretion may arrange for public or prepayment penalty paid by the obligor (viii) Provide for the registration of all private financing under its guarantee NMVC Company pursuant to the terms pooled Debentures, all Pools and Trusts, authority. Such financing arranged by of the Debenture. and all TCs; SBA may be accomplished by the sale (ix) Perform such other functions as of individual Debentures, aggregations § 108.1620 Functions of agents, including SBA may deem necessary to implement Central Registration Agent, Selling Agent the provisions of this section. of Debentures, or Pools or Trusts of and Fiscal Agent. Debentures. (b) Functions. Either SBA or an agent (c) Pass-through provisions. TCs shall (a) Agents. SBA may appoint or cause appointed by SBA may perform the provide for a pass-through to their to be appointed agent(s) to perform function of locating purchasers, and holders of all amounts of principal and functions necessary to market and negotiating and closing the sale of interest paid on the Debentures in the service Debentures or TCs pursuant to Debentures and TCs. Nothing in the Pool or Trust against which they are this part. regulations in this part shall be issued. (1) Selling Agent. As a condition of interpreted to prevent the CRA from (d) Formation of a Pool or Trust guaranteeing a Debenture, SBA may acting as SBA’s agent for this purpose. holding Leverage Securities. SBA shall cause each NMVC Company to appoint § 108.1630 SBA regulation of Brokers and approve the formation of each Pool or a Selling Agent to perform functions that include, but are not limited to: Dealers and disclosure to purchasers of Trust. SBA may, in its discretion, Leverage or Trust Certificates. establish the size of the Pools and their (i) Selecting qualified entities to (a) Brokers and Dealers. Each broker, composition, the interest rate on the TCs become pool or Trust assemblers dealer, and Pool or Trust assembler issued against Trusts or Pools, fees, (‘‘Poolers’’). approved by SBA pursuant to these discounts, premiums and other charges (ii) Receiving guaranteed Debentures regulations shall either be regulated by made in connection with the Pools, as well as negotiating the terms and a Federal financial regulatory agency, or Trusts, and TCs, and any other conditions of sales or periodic offerings be a member of the National Association characteristics of a Pool or Trust it of Debentures and/or TCs on behalf of of Securities Dealers (NASD), and shall deems appropriate. NMVC companies. (iii) Directing and coordinating be in good standing in respect to § 108.1610 Effect of prepayment or early periodic sales of Debentures and/or TCs. compliance with the financial, ethical, redemption of Leverage on a Trust (iv) Arranging for the production of and reporting requirements of such Certificate. Offering Circulars, certificates, and such body. They also shall be in good (a) The rights, if any, of a NMVC other documents as may be required standing with SBA as determined by the Company to prepay any Debenture is from time to time. SBA Associate Administrator for established by the terms of such (2) Fiscal Agent. SBA shall appoint a Investment (see paragraph (c) of this security, and no such right is created or Fiscal Agent to: section) and shall provide a fidelity denied by the regulations in this part. (i) Establish performance criteria for bond or insurance in such amount as (b) SBA’s rights to purchase or prepay Poolers. SBA may require. any Debenture without premium are (ii) Monitor and evaluate the financial (b) Suspension and/or termination of established by the terms of the Guaranty markets to determine those factors that Broker or Dealer. SBA shall exclude Agreement relating to the Debenture. will minimize or reduce the cost of from the sale and all other dealings in (c) Any prepayment of a Debenture funding Debentures. Debentures or TCs any broker or dealer: pursuant to the terms of the Guaranty (iii) Monitor the performance of the (1) If such broker’s or dealer’s Agreement relating to such security Selling Agent, Poolers, CRA, and the authority to engage in the securities shall reduce the SBA guarantee of Trustee. business has been revoked or suspended timely payment of principal and interest (iv) Perform such other functions as by a supervisory agency. When such on a TC in proportion to the amount of SBA, from time to time, may prescribe. authority has been suspended, SBA will principal that such prepaid Debenture (3) Central Registration Agent. suspend such broker or dealer for the represents in the Trust or Pool backing Pursuant to a contract entered into with duration of such suspension by the such TC. SBA, the CRA, as SBA’s agent, will do supervisory agency. (d) SBA shall be discharged from its the following with respect to the Pools (2) If such broker or dealer has been guarantee obligation to the holder or or Trust Certificates for the Debentures: indicted or otherwise formally charged holders of any TC, or any successor or (i) Form an SBA-approved Pool or with a misdemeanor or felony bearing transferee of such holder, to the extent Trust; on its fitness, such broker or dealer may of any such prepayment. whether or not (ii) Issue the TCs in the form be suspended while the charge is such successor or transferee shall have prescribed by SBA; pending. Upon conviction, participation notice of any such prepayment. (iii) Transfer the TCs upon the sale of may be terminated. (e) Interest on prepaid Debentures original issue TCs in any secondary (3) If such broker or dealer has shall accrue only through the date of market transaction; suffered an adverse final civil judgment prepayment. (iv) Receive payments from NMVC holding that such broker or dealer has (f) In the event that all Debentures companies; committed a breach of trust or violation constituting a Trust or Pool are prepaid, (v) Make periodic payments as of law or regulation protecting the the TCs backed by such Trust or Pool scheduled or required by the terms of integrity of business transactions or shall be redeemed by payment of the the TCs, and pay all amounts required relationships, participation in the
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market for Debentures or TCs may be of a guarantor. Pursuant to its guarantee, substantive regulation promulgated terminated. SBA will make timely payments of under the Act or any substantive (c) Termination/suspension principal and interest on the provision of your Participation proceedings. A broker’s or dealer’s Debentures. Agreement. participation in the market for (5) Repeated Events of Default. At any Debentures or TCs will be conducted in Subpart K—NMVC Company’s time after being notified by SBA of the accordance with part 134 of this Noncompliance With Terms of occurrence of an event of default under chapter. SBA may, for any of the reasons Leverage paragraph (f) of this section, you engage in similar behavior that results in stated in paragraphs (b)(1) through (b)(3) § 108.1810 Events of default and SBA’s of this section, suspend the privilege of remedies for NMVC Company’s another occurrence of the same event of any broker or dealer to participate in noncompliance with terms of Debentures. default. (6) Transfer of Control. You willfully this market. SBA shall give written (a) Applicability of this section. By violate § 108.410, and as a result of such notice at least ten (10) business days issuing Debentures, you automatically violation you undergo a transfer of prior to the effective date of such agree to the terms, conditions and Control. suspension. Such notice shall inform remedies in this section, as in effect at the broker or dealer of the opportunity (7) Non-cooperation under paragraph the time of issuance and as if fully set (h) of this section. You fail to take for a hearing pursuant to part 134 of this forth in the Debentures. chapter. appropriate steps, satisfactory to SBA, to (b) Automatic events of default. The accomplish any action SBA may have § 108.1640 SBA access to records of the occurrence of one or more of the events required under paragraph (h) of this CRA, Brokers, Dealers and Pool or Trust in this paragraph (b) causes the section. assemblers. remedies in paragraph (c) of this section (8) Non-notification of Events of The CRA and any broker, dealer and to take effect immediately. Default. You fail to notify SBA as soon Pool or Trust assembler operating under (1) Insolvency. You become equitably as you know or reasonably should have the regulations in this part shall make or legally insolvent. known that any event of default exists all books, records and related materials (2) Voluntary assignment. You make a under this section. associated with Debentures and TCs voluntary assignment for the benefit of (9) Non-notification of defaults to available to SBA for review and copying creditors without SBA’s prior written others. You fail to notify SBA in writing purposes. Such access shall be at such approval. within ten days from the date of a party’s primary place of business during (3) Bankruptcy. You file a petition to declaration of an event of default or normal business hours. begin any bankruptcy or reorganization nonperformance under any note, proceeding, receivership, dissolution or debenture or indebtedness of yours, Miscellaneous other similar creditors’ rights issued to or held by anyone other than § 108.1700 Transfer by SBA of its interest proceeding, or such action is initiated SBA. in a NMVC Company’s Leverage security. against you and is not dismissed within (e) SBA remedies for events of default 60 days. Upon such conditions and for such with notice. Upon written notice to you (c) SBA remedies for automatic events consideration as it deems reasonable, of the occurrence (as determined by of default. Upon the occurrence of one SBA may sell, assign, transfer, or SBA) of one or more of the events in or more of the events in paragraph (b) otherwise dispose of any Debenture paragraph (d) of this section: of this section: held by or on behalf of SBA. Upon (1) SBA may declare the entire (1) Without notice, presentation or notice by SBA, a NMVC Company will indebtedness evidenced by your demand, the entire indebtedness make all payments of principal and Debentures, including accrued interest. evidenced by your Debentures, interest as shall be directed by SBA. A and/or any other amounts owed SBA including accrued interest, and any NMVC Company will be liable for all with respect to your Debentures, other amounts owed SBA with respect damage or loss which SBA may sustain immediately due and payable; and to your Debentures, is immediately due by reason of such disposal, up to the (2) SBA may avail itself of any remedy and payable; and available under the Act, specifically amount of the NMVC Company’s (2) You automatically consent to the liability under such security, plus court including institution of proceedings for appointment of SBA or its designee as the appointment of SBA or its designee costs and reasonable attorney’s fees your receiver under section 363(c) of the incurred by SBA. as your receiver under section 363 (c) of Act. the Act. § 108.1710 SBA authority to collect or (d) Events of default with notice. For (f) Events of default with opportunity compromise its claims. any occurrence (as determined by SBA) to cure. For any occurrence (as SBA may, upon such conditions and of one or more of the events in this determined by SBA) of one or more of for such consideration as it deems paragraph (d), SBA may avail itself of the events in this paragraph (f), SBA reasonable, collect or compromise all one or more of the remedies in may avail itself of one or more of the claims relating to obligations held or paragraph (e) of this section. remedies in paragraph (g) of this guaranteed by SBA, and all legal or (1) Fraud. You commit a fraudulent section. equitable rights accruing to SBA. act that causes detriment to SBA’s (1) Excessive Management Expenses. position as a creditor or guarantor. Without the prior written consent of § 108.1720 Characteristics of SBA’s (2) Fraudulent transfers. You make SBA, you incur Management Expenses guarantee. any transfer or incur any obligation that in excess of those permitted under If SBA agrees to guarantee a NMVC is fraudulent under the terms of 11 §§ 108.510 and 108.520. Company’s Debentures, such guarantee U.S.C. 548. (2) Improper Distributions. You make will be unconditional, irrespective of (3) Willful conflicts of interest. You any Distribution to your shareholders or the validity, regularity or enforceability willfully violate § 108.730. partners, except with the prior written of the Debentures or any other (4) Willful non-compliance. You consent of SBA, other than: circumstances that might constitute a willfully violate one or more of the (i) Distributions permitted under legal or equitable discharge or defense substantive provisions of the Act or any § 108.585; and
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(ii) Payments from Retained Earnings (ii) SBA may avail itself of any Computation of NMVC Company’s Available for Distribution based on remedy available under the Act, Capital Impairment either the shareholders’ or members’ specifically including institution of pro-rata interests or the provisions for proceedings for the appointment of SBA § 108.1830 NMVC Company’s Capital Impairment definition and general profit distributions in your partnership or its designee as your receiver under requirements. agreement, as appropriate. section 363(c) of the Act. (a) Significance of Capital Impairment (3) Failure to make payment. Unless (2) SBA may invoke the remedies in otherwise approved by SBA, you fail to condition. If you have a condition of paragraph (g)(l) of this section only if: Capital Impairment, you are not in make timely payment of any amount (i) It has given you at least 15 days to due under any security or obligation of compliance with the terms of your cure the default(s); and Leverage. As a result, SBA has the right yours that is issued to, held or (ii) You fail to cure the default(s) to guaranteed by SBA. to impose the applicable remedies for SBA’s satisfaction within the allotted noncompliance in § 108.1810(g). (4) Failure to maintain Regulatory time. (b) Definition of Capital Impairment Capital. You fail to maintain the (h) Repeated non-substantive condition. You have a condition of minimum Regulatory Capital required violations. If you repeatedly fail to Capital Impairment if your Capital under these regulations or, without the comply with one or more of the non- Impairment Percentage, as computed in prior written consent of SBA, you substantive provisions of the Act or any § 108.1840, exceeds 70 percent. reduce your Regulatory Capital except non-substantive regulation promulgated (c) Quarterly computation as permitted by § 108.585. under the Act, SBA, after written requirement and procedure. You must (5) Capital Impairment. You have a notification to you and until you cure determine whether you have a condition condition of Capital Impairment as such condition to SBA’s satisfaction, of Capital Impairment as of the end of determined under § 108.1830. may deny you additional Leverage and/ each fiscal quarter. You must notify (6) Cross-default. An obligation of or require you to take such actions as SBA promptly if you are capitally yours that is greater than $100,000 SBA may determine to be appropriate impaired. becomes due or payable (with or under the circumstances. (d) SBA’s right to determine NMVC without notice) before its stated Company’s Capital Impairment maturity date, for any reason including (i) Consent to removal of officers, condition. SBA may make its own your failure to pay any amount when directors, or general partners and/or determination of your Capital due. This provision does not apply if appointment of receiver. The Articles of Impairment condition at any time. you pay the amount due within any each NMVC Company must include the applicable grace period or contest the following provisions as a condition to § 108.1840 Computation of NMVC payment of the obligation in good faith the purchase or guarantee by SBA of Company’s Capital Impairment Percentage. Leverage. Upon the occurrence of any of by appropriate proceedings. (a) General. This section contains the the events specified in paragraphs (d)(1) (7) Nonperformance. You violate or procedures you must use to determine through (d)(6) or (f)(1) through (f)(3) of fail to perform one or more of the terms your Capital Impairment Percentage. this section as determined by SBA, SBA and conditions of any security or You must compare your Capital shall have the right, and you consent to obligation of yours that is issued to, Impairment Percentage to the maximum SBA’s exercise of such right: held or guaranteed by SBA, or of any permitted under § 108.1830(b) to agreement (including your Participation (1) With respect to a Corporate NMVC determine whether you have a condition Agreement) with or conditions imposed Company, upon written notice, to of Capital Impairment. by SBA in its administration of the Act require you to replace, with individuals (b) Preliminary impairment test. If and the regulations promulgated under approved by SBA, one or more of your you satisfy the preliminary impairment the Act. officers and/or such number of directors test, your Capital Impairment (8) Noncompliance. Except as of your board of directors as is sufficient Percentage is zero and you do not have otherwise provided in paragraph (d) (5) to constitute a majority of such board; to perform any more procedures in this of this section, SBA determines that you or section. Otherwise, you must continue have violated one or more of the (2) With respect to a Partnership with paragraph (c) of this section. You substantive provisions of the Act or any NMVC Company or an LLC NMVC satisfy the test if the following amounts substantive regulation promulgated Company, upon written notice, to are both zero or greater: under the Act. require you to remove the person(s) (1) The sum of Undistributed Net (9) Failure to maintain diversity. You responsible for such occurrence and/or Realized Earnings, as reported on SBA fail to maintain diversity between to remove the general partner or Form 468, and Includible Non-Cash management and ownership as required manager of the NMVC Company, which Gains. by § 108.150. general partner or manager shall then be (2) Unrealized Gain (Loss) on (g) SBA remedies for events of default replaced in accordance with NMVC Securities Held. with opportunity to cure. (1) Upon Company’s Articles by a new general (c) How to compute your Capital written notice to you of the occurrence partner or manager approved by SBA; Impairment Percentage. (1) If you have (as determined by SBA) of one or more and/or an Unrealized Gain on Securities Held, of the events of default in paragraph (f) (3) With respect to a Corporate or compute your Adjusted Unrealized Gain of this section, and subject to the Partnership or LLC NMVC Company, to using paragraph (d) of this section. If conditions in paragraph (g)(2) of this obtain the appointment of SBA or its you have an Unrealized Loss on section: designee as your receiver under section Securities Held, continue with (i) SBA may declare the entire 363(c) of the Act for the purpose of paragraph (c)(2) of this section. indebtedness evidenced by your continuing your operations. The (2) Add together your Undistributed Debentures, including accrued interest, appointment of a receiver to liquidate a Net Realized Earnings, your Includible and/ or any other amounts owed SBA NMVC Company is not within such Non-cash Gains, and either your with respect to your Debentures, consent, but is governed instead by the Unrealized Loss on Securities Held or immediately due and payable; and relevant provisions of the Act. your Adjusted Unrealized Gain.
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(3) If the sum in paragraph (c)(2) of Subpart L—Ending Operations as a consummated, regardless of later this section is zero or greater, your NMVC Company changes. Nothing in this part bars SBA Capital Impairment Percentage is zero. enforcement action with respect to any § 108.1900 Termination of participation as transaction consummated in violation of (4) If the sum in paragraph (c)(2) of a NMVC Company. this section is less than zero, drop the provisions applicable at the time, but no You may not terminate your negative sign, divide by your Regulatory longer in effect. participation as a NMVC Company Capital (excluding Treasury Stock), and without SBA’s prior written approval. § 108.1940 Procedures for designation of multiply by 100. The result is your Your request for approval must be additional Low-Income Geographic Areas Capital Impairment Percentage. accompanied by an offer of immediate (a) General. On its own initiative or (d) How to compute your Adjusted repayment of all of your outstanding upon written request by a Person which Unrealized Gain. (1) Subtract Leverage (including any prepayment addresses the relevant factor(s) set forth Unrealized Depreciation from penalties thereon), or by a plan in paragraph (b) of this section, SBA Unrealized Appreciation. This is your satisfactory to SBA for the orderly may consider whether to designate ‘‘Net Appreciation’’. liquidation of the NMVC Company. additional census tracts (or equivalent (2) Determine your Unrealized county divisions) as LI Areas. Appreciation on Publicly Traded and Subpart M—Miscellaneous (b) Criteria. SBA will consider one or Marketable securities. This is your more of the following factors in § 108.1910 Non-waiver of SBA’s rights or ’’Class I Appreciation’’. determining whether to designate a terms of Leverage security. particular census tract (or equivalent (3) Determine your Unrealized SBA’s failure to exercise or delay in county division) as an additional LI Appreciation on securities that are not exercising any right or remedy under Area: Publicly Traded and Marketable and the Act or the regulations in this part (1) A substantial number of Low- meet the following criteria, which must does not constitute a waiver of such Income Individuals reside in that census be substantiated to the satisfaction of right or remedy. SBA’s failure to require tract (or equivalent county division). SBA (this is your ‘‘Class 2 you to perform any term or provision of (2) As adequately supported by Appreciation’’): your Leverage does not affect SBA’s studies or other analyses or reliable (i) The Small Business that issued the right to enforce such term or provision. data, that census tract (or equivalent security received a significant Similarly, SBA’s waiver of, or failure to county division) has a pattern of unmet subsequent equity financing by an enforce, any term or provision of your needs for investment capital. investor whose objectives were not Leverage or of any event or condition set (3) As adequately supported by primarily strategic and at a price that forth in § 108.1810 does not constitute studies or other analyses or reliable conclusively supports the Unrealized a waiver of any succeeding breach of data, that census tract (or equivalent Appreciation; such term or provision or condition. county division) has indications of (ii) Such financing represents a economic distress. § 108.1920 NMVC Company’s application (c) Procedure for designation. (1) If substantial investment in the form of an for exemption from a regulation in this part arm’s length transaction by a SBA decides to consider the designation 108. of an additional LI Area, SBA will sophisticated new investor in the (a) General. You may file an issuer’s securities; and publish in the Federal Register a notice application in writing with SBA to have that it is considering such designation. (iii) Such financing occurred within a proposed action exempted from any SBA will advise the public that it will 24 months of the date of the Capital procedural or substantive requirement, consider any comments supporting or Impairment computation, or the Small restriction, or prohibition to which it is opposing the designation, submitted Business’ pre-tax cash flow from subject under this part, unless the within a specified time period. operations for its most recent fiscal year provision is mandated by the Act. SBA (2) In making a final decision on was at least 10 percent of the Small may grant an exemption for such whether to designate a particular census Business’ average contributed capital for applicant, conditionally or tract (or equivalent county division) as such fiscal year. unconditionally, provided the an additional LI Area, SBA will (4) Perform the appropriate exemption would not be contrary to the consider evidence submitted by any computation from the table in purposes of the Act. requester, SBA’s own research, any § 107.1840(d)(4) of this chapter. (b) Contents of application. Your public comments submitted, and any (5) Reduce the gain computed in application must be accompanied by other information deemed relevant by paragraph (d) (4) of this section by your supporting evidence that demonstrates SBA. estimate of related future income tax to SBA’s satisfaction that: (3) If SBA designates a particular expense. Subject to any adjustment (1) The proposed action is fair and census tract (or equivalent county required by paragraph (d)(6) of this equitable; and division) as an additional LI Area, SBA section, the result is your Adjusted (2) The exemption requested is will publish a notice in the Federal Unrealized Gain for use in paragraph reasonably calculated to advance the Register and, if appropriate, will amend (c)(2) of this section. best interests of the NMVC program in this part to include the additional LI a manner consistent with the policy Area. (6) If any securities that are the source objectives of the Act and the regulations of either Class 1 or Class 2 Appreciation in this part. Subpart N—Requirements and are pledged or encumbered in any way, Procedures for Operational Assistance you must reduce the Adjusted § 108.1930 Effect of changes in this part Grants to NMVC Companies and Unrealized Gain computed in paragraph 108 on transactions previously SSBICs (d)(5) of this section by the amount of consummated. the related borrowing or other The legality of a transaction covered § 108.2000 Operational Assistance Grants obligation, up to the amount of the by the regulations in this part is to NMVC Companies and SSBICs. Unrealized Appreciation on the governed by the regulations in this part (a) NMVC Companies. Regulations securities. in effect at the time the transaction was governing Operational Assistance grants
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to NMVC Companies may be found in investments. Its plan must address the (F) Regulatory Capital. The SSBIC subparts D and E of this part. types of Operational Assistance it must include a detailed description of (b) SSBICs. (1) Notice of Funds proposes to provide, and how it plans how it plans to raise its Regulatory Availability (‘‘NOFA’’). SBA will to provide the Operational Assistance Capital. The SSBIC must discuss its publish a NOFA in the Federal Register, through the use of licensed potential sources of Regulatory Capital, advising SSBICs of the availability of professionals, when necessary, either the estimated timing on raising such funds for Operational Assistance grants from its own staff or from outside funds, and the extent of the expressions to SSBICs. This NOFA will be the same entities. of interest to commit such funds to the as the NOFA described in § 108.300(a), (B) Matching resources for SSBIC. or will be published simultaneously Operational Assistance grant. The (G) Projected impact. The SSBIC must with that NOFA. An SSBIC may submit SSBIC must include a detailed describe the criteria and economic an application for an Operational description of how it plans to obtain measurements to be used to evaluate Assistance grant only during the time binding commitments for contributions whether and to what extent it has met period specified for such purpose in the in cash or in-kind, and/or to purchase the objectives of the NMVC program. It NOFA. an annuity, to match the funds must include: (2) Eligibility. An SSBIC is eligible to requested from SBA for the SSBIC’s (1) An estimate of the social, apply for an Operational Assistance Operational Assistance grant. If it economic, and community development grant if: proposes to obtain commitments for benefits to be created within identified (i) It intends to increase its Regulatory cash or in-kind contributions, it also LI Areas over the next five years or more Capital, as in effect on December 21, must estimate the ratio of cash to in- as a result of its activities; 2000, and to make Developmental kind contributions (in no event may in- (2) A description of the criteria to be Venture Capital investments in the kind contributions exceed 50 percent of used to measure the benefits created as amount of such increase; the total contributions). The SSBIC must a result of its activities; (ii) It intends to raise binding discuss its potential sources of matching (3) A discussion about the amount of commitments for contributions in cash resources, the estimated timing on such benefits created that it will or in-kind, and/or to purchase an raising such match, and the extent of the consider to constitute successfully annuity, in an amount not less than 30 expressions of interest to commit such meeting the objectives of the NMVC percent of the intended increase in its match to the SSBIC. program. (C) Projected amount of investment in Regulatory Capital described in (5) Evaluation and selection. SBA’s LI Areas. The SSBIC must describe the paragraph (b)(2)(i) of this section; and evaluation and selection process is (iii) It has a plan describing how it amount of Developmental Venture intended to ensure that SSBIC requests intends to use the requested grant funds Capital investments it intends to make. are evaluated on a competitive basis and to provide Operational Assistance to (D) Track record of management team in a fair and consistent manner. SBA Smaller Enterprises in which it has in obtaining public policy results will evaluate and select SSBICs for an made or expects to make Developmental through investments. The SSBIC must Operational Assistance grant award Venture Capital investments. provide information concerning the past solely at SBA’s discretion, by (3) Application requirements. (i) How track record of the SSBIC in making considering the following criteria: to apply. An SSBIC must apply for an investments that have had a Operational Assistance grant using the demonstrable impact on the socially or (i) The strength of the SSBIC’s application packet provided by SBA. economically disadvantaged businesses application, including the strength of its Upon receipt of an application, SBA targeted by the SSBIC program (for proposal to provide Operational may request clarifying or technical example, new businesses created, jobs Assistance to Smaller Enterprises in information on the materials submitted created, or wealth created). Such which it intends to invest; as part of the application. information might include case studies (ii) The SSBIC’s regulatory (ii) Grant issuance fee. An SSBIC or examples of the SSBIC’s successful compliance status and past track record must pay to SBA a grant issuance fee of Financings. in being able to accomplish program $5,000. An SSBIC must submit this fee (E) Market analysis. The SSBIC must goals through its investment activity; in advance, at the time of application provide an analysis of the LI Areas in (iii) The likelihood that and the time submission. If SBA does not award a which it intends to makes its frame within which the SSBIC will be grant to the SSBIC, SBA will refund this Developmental Venture Capital able to raise the Regulatory Capital it fee to the SSBIC. investments and provide its Operational intends to raise and obtain the matching (4) Contents of Application. Each Assistance to Smaller Enterprises, resources described in paragraph application must contain the demonstrating that the SSBIC (b)(4)(ii)(B) of this section; information specified in the application understands the market and the unmet (iv) The need for Developmental packet provided by SBA, including the capital needs in such areas and how its Venture Capital investments in the LI following information: activities will meet these unmet capital Areas in which the SSBIC intends to (i) Amounts. An SSBIC must specify needs through Developmental Venture invest; the amount of Operational Assistance Capital investments and have a positive (v) The SSBIC’s demonstrated grant funds it seeks from SBA and the economic impact on those areas. The understanding of the markets in the LI amount of Regulatory Capital it intends analysis must include a description of Areas in which it intends to invest; to raise after December 21, 2000. the extent of the economic distress in (vi) The extent to which the activities (ii) Plan. An SSBIC must submit a the identified LI Areas. The SSBIC also proposed by the SSBIC will promote plan addressing the following issues: must analyze the extent of the demand economic development and the creation (A) Plan for providing Operational in such areas for Developmental of wealth and job opportunities in the Assistance. The SSBIC must describe Venture Capital investments and any LI Areas in which it intends to invest how it plans to use its grant funds to factors or trends that may affect the and among individuals living in LI provide Operational Assistance to SSBIC’s ability to make effective Areas; Smaller Enterprises in which it will Developmental Venture Capital (vii) The likelihood that the SSBIC make Developmental Venture Capital investments. will fulfill the goals described in its
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application and meet the objectives of Assistance grant award equal to the (ii) In-kind contributions; the NMVC program; and amount of matching resources raised by (iii) Binding commitments for cash or (viii) The strength of the SSBIC’s the SSBIC in accordance with in-kind contributions that may be application compared to applications §§ 108.2000 and 108.2030. payable over a multiyear period submitted by other SSBICs intending to (c) Pro rata reductions. In the event acceptable to SBA (but not to exceed invest in the same or proximate LI that the total amount of funds available five years); and/or Areas. to SBA for purposes of making (iv) An annuity, purchased with funds (6) Grant award. An SSBIC selected Operational Assistance grant awards to other than Regulatory Capital, from an for an Operational Assistance grant NMVC Companies and SSBICs is not insurance company acceptable to SBA award will receive a grant award only if sufficient to award grants in the and that may be payable over a it increases its Regulatory Capital and amounts described in paragraphs (a) and multiyear period acceptable to SBA (but raises the amount of matching resources (b) of this section, SBA will make pro not to exceed five years). set forth in its application, pursuant to rata reductions in the amounts (d) Amount of matching resources. paragraph (b)(4)(i) of this section, which otherwise awarded to each such NMVC (1) NMVC Companies. The amount of must be at least the amount required in Company and SSBIC. matching resources required of an § 108.2030(d)(2), by a date established § 108.2030 Matching requirements. NMVC Company is set forth in by SBA. (a) General. All Operational § 108.380(a)(1)(i)(B). § 108.2010 Restrictions on use of Assistance grant funds SBA awards to (2) SSBICs. The amount of matching Operational Assistance grant funds. an NMVC Company or a SSBIC must be resources required of an SSBIC is 30 (a) Restrictions applicable only to matched on a dollar for dollar basis with percent of the increase in its Regulatory SSBICs. An SSBIC that receives an funds or other resources raised by the Capital since December 21, 2000, as set Operational Assistance grant must use NMVC Company or SSBIC. forth in its application pursuant to both grant funds awarded by SBA and (b) Allowable sources. (1) Any source § 108.2000(b)(4)(i), with which it has its matching resources only to provide other than SBA is an allowable source made or will make Low-Income Operational Assistance in connection of matching resources for an Investments. with a Low-Income Investment made by Operational Assistance grant award. the SSBIC with Regulatory Capital (2) Neither a NMVC Company nor a § 108.2040 Reporting and recordkeeping requirements. raised after December 21, 2000. SSBIC may use funds or other resources (b) Restrictions applicable to NMVC that it has used to satisfy a legal (a) NMVC Companies. Policies Companies and SSBICs. A NMVC requirement for obtaining funds under governing reporting, record retention, Company or a SSBIC that receives an any other Federal program, to satisfy the and recordkeeping requirements Operational Assistance grant must not matching resources requirements applicable to NMVC Companies may be use either grant funds awarded by SBA described in this part. found in subpart H of this part. or its matching resources for ‘‘general (3) A portion of Private Capital may (b) SSBICs. An SSBIC receiving an and administrative expense,’’ as defined be designated as matching resources if Operational Assistance grant award in the Federal Acquisition Regulations, the designated funds are used to must comply with all reporting, record ‘‘Contract Cost Principles and purchase an annuity pursuant to retention and recordkeeping Procedures,’’ 48 CFR 31.001. paragraph (c)(2)(iv) of this section or are requirements set forth in Circular A–110 otherwise segregated in a manner of the Office of Management and Budget § 108.2020 Amount of Operational acceptable to SBA. and any grant award document executed Assistance grant. (c) Type and form of matching between SBA and the SSBIC, as well as (a) Amount of grant to NMVC resources. (1) Matching resources may the reporting requirements in Company. NMVC Companies are come from cash contributions or in-kind § 108.630(f) and the filing requirement eligible for an Operational Assistance contributions. In-kind contributions in § 108.640. grant award equal to the amount of cannot exceed 50 percent of the total Dated: May 8, 2001. matching resources raised by the NMVC amount of match raised by the NMVC Company in accordance with Company or SSBIC. John Whitmore, §§ 108.380(a)(1)(i)(B) and 108.2030. (2) Matching resources may be in the Acting Administrator. (b) Amount of grant to SSBIC. SSBICs form of: [FR Doc. 01–12501 Filed 5–22–01; 8:45 am] are eligible for an Operational (i) Cash; BILLING CODE 8025–01–P
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Part III
Department of the Interior Office of Surface Mining Reclamation and Enforcement
30 CFR Part 870 Abandoned Mine Land (AML) Fee Collection and Coal Production Reporting on the OSM–1 Form; Final Rule
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DEPARTMENT OF THE INTERIOR 15, 2000 (65 FR 7706), which would (6) The type of coal; allow a coal operator (or the entity (7) The method of coal removal; Office of Surface Mining Reclamation reporting for the operator) the option of (8) The preparation plant, tipple, or and Enforcement electronically filing information loading point for the coal; required by OSM’s Abandoned Mine (9) The permit number required under 30 CFR Part 870 Land (AML) Reclamation Program. section 506 of SMCRA; and (10) The Mine Safety and Health RIN 1029–AB95 What Is the AML Reclamation Program? Administration identification number. Each quarterly report must also Abandoned Mine Land (AML) Fee Title IV of the Surface Mining Control and Reclamation Act of 1977 (SMCRA) contain a notification of any changes in Collection and Coal Production the information required by section Reporting on the OSM–1 Form created the Abandoned Mine Reclamation Fund (fund) in response to 402(c) of SMCRA since the date of the AGENCY: Office of Surface Mining concern over extensive environmental preceding quarterly report. The Reclamation and Enforcement, Interior. damage caused by past coal mining accuracy of the report must be sworn to by the operator and notarized. The ACTION: Final rule. activities. Money from the fund is used to reclaim abandoned and inadequately operator is responsible for the SUMMARY: The Office of Surface Mining reclaimed mining areas where there is information provided and subject to the Reclamation and Enforcement (we or no continuing reclamation sanctions provided for in section OSM) is revising its regulations responsibility by any person under state 402(d)(1) of SMCRA. See 30 U.S.C. governing Abandoned Mine Land or federal law. The fund is financed by 1232(c) and 30 CFR 870.15. (AML) reclamation fee reporting to a reclamation fee assessed on every ton What Options Were Considered for allow for the electronic filing of the of coal produced at the rate of 35 cents Electronic Filing? information required on the OSM–1 per ton of surface mined coal, 15 cents The proposed rule published on Form. per ton of underground mined coal, and February 15, 2000, contained rule 10 cents per ton for lignite. The EFFECTIVE DATE: June 22, 2001. language which would have revised our reclamation fee must be paid to OSM FOR FURTHER INFORMATION CONTACT: regulations to allow a coal operator (or Mr. once every calendar quarter. Sean Spillane, Office of Surface Mining The authority to collect the the entity reporting for the operator) the Reclamation and Enforcement, Denver reclamation fee at the above rate is due option of filing the OSM–1 Form Federal Center, Building 20, Room B– to expire in 2004. After that date, the fee electronically. Because of the notary 2005, Denver, Colorado 80225; will be established and collected at a requirement in section 402(c) of Telephone 303–236–0330, Ext 278. E- rate sufficient to allow the Secretary to SMCRA, the proposed rule also required mail: [email protected]. Additional transfer from the fund to the United the operator to print out and maintain information concerning OSM and Mine Workers of America Combined on file, a properly notarized paper copy related documents may be found on Benefit Fund the sum necessary to of the OSM–1 Form for review by OSM’s Internet home page at fulfill the responsibilities under section OSM’s Fee Compliance auditors. In order to further simplify the www.osmre.gov under Financial 402(h) of SMCRA. Management. OSM administers the AML program process and to make it easier for the operator to store records electronically, SUPPLEMENTARY INFORMATION: and fund. Reclamation is accomplished through grants to approved state and we reopened the comment period on I. Background Information. January 22, 2001 (66 FR 6511) and II. How Does This Final Rule Change tribal AML reclamation programs. These AML reclamation programs are presented additional options for Reporting Requirements? consideration. In the reopening notice, III. Procedural Matters and Certifications. implemented through regulations in 30 CFR subchapter R and through we asked for comments on an option I. Background Information implementing guidelines published in which would allow the operator to electronically submit the OSM–1 Form Why Are We Publishing This Rule? the Federal Register on March 6, 1980 (45 FR 27123), and revised on December and include a statement made under On October 21, 1998, the Government 30, 1996 (45 FR 68777). Currently, 23 penalty of perjury that the information Paperwork Elimination Act (GPEA), states and 3 Indian tribes have approved contained in the form is true and Pub. L. 105–277, Title XVII, was signed AML reclamation programs. correct. The statement would not have into law. GPEA requires agencies, by to be notarized but it would have to be October 21, 2003, to provide for (1) the How Is the AML Fee Reported Under the electronically signed, dated, and option of electronic maintenance, Current Regulations? transmitted to OSM as part of the OSM– submission, or disclosure of Sections 402(a) and (b) of SMCRA, 30 1 Form. information, when practicable as a U.S.C. 1232(a) and (b), require In the reopening notice, we also substitute for paper; and (2) the use and companies to pay a reclamation fee on solicited comments on whether we acceptance of electronic signatures, coal production no later than 30 days should issue a final rule which would when practicable. GPEA § 1707 specifies after the end of each calendar quarter. provide the operator with two that ‘‘[e]lectronic records submitted or SMCRA and the implementing alternative electronic filing methods in maintained in accordance with regulations also require all operators of addition to the existing paper process. procedures developed under this title, coal mining operations to submit a The electronic filing methods would be or electronic signatures or other forms of statement identifying: the one contained in the proposed rule electronic authentication used in (1) The permittee; which requires the operator to maintain accordance with such procedures, shall (2) The operator in addition to the on file a properly notarized paper copy not be denied legal effect, validity, or permittee; of the OSM–1 Form submitted enforceability because such records are (3) The owner of the coal; electronically, or in the alternative, the in electronic form.’’ (4) The person purchasing the coal; electronic filing method contained in In compliance with GPEA, we (5) The amount of coal sold, used, or the reopening notice which requires the published a proposed rule on February transferred during the calendar quarter; operator to submit an electronically
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signed and dated statement made under of the file, employs the public key to The authority for filing the form penalty of perjury. validate the signature made with the without notarization is found in 28 private key or decrypts the data. The U.S.C. 1746. Section 1746 provides in II. How Does This Final Rule Change two keys are mathematically linked and part: Reporting Requirements? form a unique pair. Only the public key Wherever, under any law of the United No comments were received on either can validate the signature made with the States or under any rule, regulation, order, or the proposed rule or on the reopening associated private key(s). This process requirement made pursuant to law, any notice. Therefore, based on the options also verifies that the file has not been matter is required or permitted to be contained in the proposed rule and in altered since its encryption. The supported, evidenced, established, or proved the reopening notice, we are adopting a companies that use FTP will also need by the sworn declaration, verification, final rule which will allow the operator a user identification and password certificate, statement, oath, or affidavit, in writing of the person making the same (other to: (1) Submit a properly notarized which can be obtained from the OSM paper copy of the OSM–1 Form as is than a deposition, or an oath of office, or an website at www.osmre.gov/finance.htm. oath required to be taken before a specified currently authorized by regulation, (2) This will enable them to print their official other than a notary public), such submit the OSM–1 Form electronically OSM–1 report from the website after matter may, with like force and effect, be while maintaining a properly notarized their data is transferred. supported, evidenced, established, or proved paper copy of the identical form, or (3) by the unsworn declaration, certificate, submit the OSM–1 Form electronically Section 870.17(b)—Partial Electronic verification, or statement, in writing of such with an electronically signed and dated Transmission person which is subscribed by him, as true statement made under penalty of under penalty of perjury, and dated, in Under § 870.17(b), the operator (or substantially the following form: perjury that the information contained entity reporting for the operator) only in the form is true and correct. * * * * * needs to access the electronic version of (2) If executed within the United States, its How Will the Electronic Submission the OSM–1 Form, update changes, add territories, possessions, or commonwealths: Process Work? missing information, and send it back to ‘‘I declare (or certify, verify, or state) under Under current procedures, when the OSM. However, because of the notary penalty of perjury that the foregoing is true OSM–1 Form is mailed to a respondent, requirement in section 402(c) of and correct. Executed on (date). (Signature)’’. the majority of the information on the SMCRA, this method of filing also It was the intent of Congress in OSM–1 Form (i.e., company name, requires the operator to print out and enacting the provisions of 28 U.S.C. address, contact person, telephone maintain on file, a properly notarized 1746 to spare people the cost and number, permit number, MSHA ID, etc.) paper copy of the identical OSM–1 inconvenience of notarizing a is already pre-printed on the OSM–1 Form for review by OSM’s Fee document. Its use in conjunction with before it is mailed to the respondent, Compliance auditors. the electronic filing of the OSM–1 Form thus reducing the time to complete the We had hoped to implement a system allows us to further simplify the filing form. We have developed a computer- by which the operator could process for the operator. It also makes it based electronic form that also contains electronically transmit the OSM–1 Form possible for the operator to store records the same information. as described above, and also electronically since it is no longer The computer-based electronic form electronically sign and notarize it prior necessary, as in the other two methods, may be accessed at the OSM website to sending it to OSM. This would have to maintain on file, a properly notarized www.osmre.gov/finance.htm. eliminated the need to print out and paper copy of the OSM–1 Form. Under Companies can log in and complete the maintain a properly notarized paper GPEA § 1707, an electronic record of the OSM–1 Form on-line. Access to the copy of the form. We determined, OSM–1 Form with the unsworn website will be controlled by User ID however, that while electronic statement made under penalty of and password which will be used as the notarization is legal, the majority of perjury is sufficient. method of electronic signature. When states have not enacted laws governing When Can I Start To File the OSM–1 initially accessing the website, its use, and the infrastructure required Form Electronically? companies can down-load encryption to electronically notarize and transmit a software which is free. The data which document is not readily available This rule is effective on June 22, 2001. is encrypted can be read only by the nationwide. As the means to We will accept electronic filings of the company and OSM and the data electronically notarize a document OSM–1 form after that date. submitted by the company cannot be become readily available, we will III. Procedural Matters and changed by unauthorized persons. A file review our regulations and process to Certifications transfer protocol (FTP) version of the determine whether there is a need to electronic OSM–1 Form allows modify our system to accept electronic 1. Executive Order 12866—Regulatory companies with a large number of notarization. Planning and Review reporting permits to automate their Section 870.17(c)—Complete Electronic This document is not a significant filing process by transferring their data Transmission rule and is not subject to review by the report files directly from their computer Office of Management and Budget under to OSM. The FTP process uses a form Under § 870.17(c), the operator (or Executive Order 12866. of electronic signature called a Public entity reporting for the operator) can a. This rule will not have an effect of Key Infrastructure (PKI). PKI is a system electronically submit the OSM–1 Form $100 million or more on the economy. for encrypting, decrypting, signing and and include a statement made under It will not adversely affect in a material verifying the data transferred penalty of perjury that the information way the economy, productivity, electronically. With PKI, the company contained in the OSM–1 Form is true competition, jobs, the environment, (user) can obtain a free download of the and correct. The statement does not public health or safety, or state, local, or software for a private signing key. With have to be notarized but it does have to tribal governments or communities. this key, the user creates a digital be electronically signed, dated, and Approximately 1,021 respondents signature on an electronic file or transmitted to OSM as part of the OSM– submit the OSM–1 Form covering more encrypts the data. OSM, as the recipient 1 Form. than 3,900 permits 4 times a year. The
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proposed rule will give respondents the tribal governments or the private sector Dated: May 16, 2001. option of submitting the reports of more than $100 million per year. The Piet de Witt, electronically. Because electronic filing rule does not have a significant or Acting Assistant Secretary for Land and under the proposed rule is optional and unique effect on state, local, or tribal Minerals Management. because the requirement to file the governments or the private sector. A For the reasons set forth in the information already exists, any increase statement containing the information preamble, 30 CFR Part 870 is amended in costs that may result is expected to required by the Unfunded Mandates as set forth below. be negligible. Reform Act (2 U.S.C. 1531, et seq.) is not b. This rule will not create a serious required. PART 870—ABANDONED MINE inconsistency or otherwise interfere RECLAMATION FUND—FEE with an action taken or planned by 5. Executive Order 12630—Takings COLLECTION AND COAL another agency. The rule merely PRODUCTION REPORTING. provides the option of transmitting the In accordance with Executive Order required information electronically. 12630, the rule does not have takings 1. The authority citation for Part 870 c. This rule does not alter the implications. This determination is is revised to read as follows: budgetary effects of entitlements, grants, based on the fact that the rule will not Authority: 28 U.S.C. 1746, 30 U.S.C. 1201 user fees, or loan programs or the rights have an impact on the use or value of et seq., and Pub. L. 105–277. or obligations of their recipients. private property and so, does not result d. This rule does not raise novel legal in significant costs to the government. 2. Section 870.15 is amended as or policy issues. follows: 6. Executive Order 13132—Federalism a. In paragraph (b), remove the first 2. Regulatory Flexibility Act sentence and add three new sentences This rule does not have Federalism The Department of the Interior in its place; and implications. It will not have certifies that this rule will not have a b. Revise paragraph (d)(1)(iv) to read significant economic impact on a ‘‘substantial direct effects on the states, as follows: on the relationship between the national substantial number of small entities § 870.15 Reclamation fee payments. under the Regulatory Flexibility Act (5 government and the states, or on the * * * * * U.S.C. 601 et seq.). This determination distribution of power and Each operator must use mine report is based on the findings that the responsibilities among the various Form OSM–1 (or any approved additions to the rule will not levels of government.’’ As previously successor form) to report the tonnage of significantly change costs to industry stated, the rule will provide coal coal sold, used, or transferred. The and will not affect state or local operators with the option of report must also include the name and governments. Furthermore, the rule electronically filing reports which they address of any person or entity who, in produces no adverse effects on are currently required to file in paper a given quarter, is the owner of 10 competition, employment, investment, form with OSM. States are not involved percent or more of the mineral estate for productivity, innovation, or the ability in the process. a given permit, and any entity or of United States enterprises to compete individual who, in a given quarter, with foreign-based enterprises in 7. Executive Order 12988—Civil Justice purchases ten percent or more of the domestic or export markets. Use of the Reform production from a given permit during electronic filing method for the OSM–1 In accordance with Executive Order the applicable quarter. The operator can Form is an option available to industry 12988, the Office of the Solicitor has file a report under this section either in and it may reduce the cost of reporting. determined that this rule does not paper format or in electronic format as 3. Small Business Regulatory unduly burden the judicial system and specified in § 870.17. * * * Enforcement Fairness Act meets the requirements of sections 3(a) * * * * * This rule is not a major rule under 5 and 3(b)(2) of the Order. (d) * * * (1) * * * U.S.C. 804(2), the Small Business 8. Paperwork Reduction Act Regulatory Enforcement Fairness Act. (iv) Use OSM’s approved form or This rule: The information collection authority approved electronic form to report coal a. Does not have an annual effect on for this rulemaking has been approved tonnage sold, used, or for which the economy of $100 million or more for by the Office of Management and ownership was transferred, to the the reasons stated above. Budget under 44 U.S.C. 3501 et seq. and address indicated in the Instructions for b. Will not cause a major increase in assigned clearance number 1029–0063. Completing the OSM–1 Form. costs or prices for consumers, * * * * * individual industries, federal, state, or 9. National Environmental Policy Act 3. Section 870.17 is added to read as local government agencies, or follows: geographic regions because the rule OSM has reviewed this rule and does not impose new requirements on determined that it is categorically § 870.17 Filing the OSM–1 Form the coal mining industry or consumers. excluded from the National electronically. c. Does not have significant adverse Environmental Policy Act process in You, the operator, may submit a effects on competition, employment, accordance with the Departmental quarterly electronic OSM–1 Form in investment, productivity, innovation, or Manual 516 DM 2, Appendix 1.10. place of a quarterly paper OSM–1 Form. Submitting the OSM–1 Form the ability of U.S. based enterprises to List of Subjects in 30 CFR Part 870 compete with foreign-based enterprises electronically is optional. If you submit for the reason stated above. Incorporation by reference, Reporting your form electronically, you must use a methodology and medium approved 4. Unfunded Mandates and record keeping requirements, Surface mining, Underground mining. by OSM, and do one of the following: This rule does not impose an (a) Maintain a properly notarized unfunded mandate on state, local, or paper copy of the identical OSM–1
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Form for review and approval by OSM’s (b) Submit an electronically signed contained in the OSM–1 Form is true Fee Compliance auditors. (This is and dated statement made under and correct. needed to comply with the notary penalty of perjury that the information [FR Doc. 01–13057 Filed 5–22–01; 8:45 am] requirement in the Act.); or BILLING CODE 4310–05–P
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Reader Aids Federal Register Vol. 66, No. 100 Wednesday, May 23, 2001
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING MAY
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 9 CFR 3 CFR 94...... 22425 Presidential Documents Proclamations: 362...... 21631, 22899 Executive orders and proclamations 523–5227 7430...... 22103 381...... 21631, 22899 The United States Government Manual 523–5227 7431...... 22423 7432...... 23533 10 CFR 7433...... 23535 Other Services 9...... 22907 7434...... 23831 70...... 24049 Electronic and on-line services (voice) 523–4534 7435...... 24043 72...... 23537, 27449 Privacy Act Compilation 523–3187 7436...... 24045 431...... 27853 Public Laws Update Service (numbers, dates, etc.) 523–6641 7437...... 24046 490...... 21851 TTY for the deaf-and-hard-of-hearing 523–5229 7438...... 28045 1044...... 23833 7439...... 28047 7440...... 28049 Proposed Rules: ELECTRONIC RESEARCH 7441...... 28353 1...... 27045 World Wide Web 2...... 27045 Executive Orders: 50...... 22134, 27045 13047 (Continued by Full text of the daily Federal Register, CFR and other 51...... 27045 Notice of May 15, publications: 52...... 27045 2001) ...... 27443 54...... 27045 http://www.access.gpo.gov/nara 13183 (Amended by 60...... 27045 EO 13209)...... 22105 Federal Register information and research tools, including Public 70...... 27045 13209...... 22105 Inspection List, indexes, and links to GPO Access: 73...... 27045 13210...... 22895 http://www.nara.gov/fedreg 76...... 27045 13211...... 28355 110...... 27045 E-mail 13212...... 28357 600...... 23197 PENS (Public Law Electronic Notification Service) is an E-mail Administrative Orders: service for notification of recently enacted Public Laws. To Notices: 11 CFR subscribe, send E-mail to May 15, 2001...... 27443 100...... 23537 Presidential [email protected] 109...... 23537 Determinations: 110...... 23537 with the text message: No. 2001-14...... 27825 Proposed Rules: No. 2001-15...... 27827 subscribe PUBLAWS-L your name 100...... 23628 Use [email protected] only to subscribe or unsubscribe to 5 CFR 104...... 23628 109...... 23628 PENS. We cannot respond to specific inquiries. 1600...... 22088 Reference questions. Send questions and comments about the 1601...... 22092 12 CFR Federal Register system to: Proposed Rules: 8...... 23151 [email protected] 1604...... 21693 250 ...... 24220, 24226, 24229 552...... 23153 The Federal Register staff cannot interpret specific documents or 7 CFR regulations. 611...... 26785 29...... 28359 615...... 26785 930...... 21836 650...... 28361 FEDERAL REGISTER PAGES AND DATE, MAY 1240...... 21824 918...... 24263 1260...... 26783 21631–21850...... 1 Proposed Rules: 1309...... 23833 21851–22106...... 2 Ch. II ...... 27912 1410...... 22098 223...... 24186 22107–22424...... 3 1773...... 27829, 27833 552...... 23198 22425–22898...... 4 1779...... 23135 951...... 23864 22899–23134...... 7 1780...... 23135 23135–23532...... 8 1942...... 27013 13 CFR 23533–23830...... 9 1980...... 23135 108...... 28602 23831–24042...... 10 Proposed Rules: 24043–24262...... 11 29...... 21888 14 CFR 24263–26782...... 14 920...... 26810 21...... 23086 26783–27012...... 15 929...... 24291 25 ...... 22426, 22428, 23086, 27013–27442...... 16 930...... 26813 26972, 27390 80...... 27045 27443–27590...... 17 27...... 23538 981...... 21888 27591–27824...... 18 29...... 23538 1773...... 27912 39 ...... 21851, 21852, 21853, 27825–28048...... 21 21855, 21859, 22431, 22432, 28049–28358...... 22 8 CFR 22908, 22910, 22913, 22915, 28359–28638...... 23 245...... 27445 23155, 23538, 23541, 23834,
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23836, 23838, 23840, 24049, 520...... 22116, 23588 117 ...... 21862, 23157, 23159, 1611...... 23853 26785, 26787, 27014, 27017, 522 ...... 22116, 22118, 23588 23161, 23162, 23163, 23608, Proposed Rules: 27449, 27591, 27592, 27854, 524...... 22116 23610, 26793, 27025, 27866, 2...... 24315 28361, 28364 529...... 22116 27867 52 ...... 21721, 21727, 21901, 65...... 23543 556...... 23589 164...... 21862 22140, 22141, 22970, 23645, 71 ...... 21639, 23557, 23558, 558 ...... 21861, 22116, 22118, 165 ...... 21864, 21866, 21868, 24074, 24075, 27047, 27051, 23560, 28368 23588, 27022 21869, 22121, 23163, 27868, 27482, 27483, 27616, 27920, 91...... 23086, 23543 803...... 23155 28370, 28372, 28374 27921, 28137, 28138 97 ...... 22435, 22437, 27450, 864...... 27023 173...... 21671 62 ...... 22970, 23884, 28408 27452 876...... 27023 Proposed Rules: 63...... 27055 105...... 23543 888...... 28051 117 ...... 23638, 23640, 27920 70...... 24084 119...... 23543 140...... 23871 81 ...... 22141, 23646, 24075, 121 ...... 23086, 27548, 28036, 22 CFR 151...... 22137 27055, 27058, 27616 28369 Proposed Rules: 160...... 21710, 27216 82...... 28408 125...... 23086 62...... 27046 164...... 21899 144...... 22971 129...... 23086 864...... 23634 165...... 21715 146...... 22971 135...... 28036 175...... 21717 258...... 23652 382...... 22107 23 CFR 260...... 28240 Proposed Rules: 630...... 23845 36 CFR 261...... 24085, 28240 23...... 23199 Proposed Rules 219...... 27552 262...... 28240 25 ...... 26942, 26948, 26956, 655...... 27480 1220...... 27026 263...... 28240 26964, 27582 710...... 23636 1228...... 27026 264...... 28240 39 ...... 21697, 21699, 21700, 1232...... 27026 265...... 28240 21703, 21892, 21893, 21896, 24 CFR 1234...... 27026 271...... 28240 21898, 22478, 22479, 22482, Proposed Rules 1236...... 27026 300 ...... 28138, 28139, 28140, 22484, 22486, 23632, 24304, 888...... 23770 Proposed Rules: 28141 24306, 26815, 26817, 26819, 219...... 27555 27475, 27914, 28133, 28402 25 CFR 41 CFR 71...... 22489, 22490 11...... 22118 37 CFR 101–20...... 23169 101–21...... 23169 15 CFR Proposed Rules: 1...... 28053 309...... 27915 202...... 24267 102–85...... 23169 902...... 21639, 24052 Proposed Rules: 302–11...... 23177 26 CFR 744...... 24264 1...... 23642 Proposed Rules: Proposed Rules: 1...... 22286 2...... 23642 Ch. 300 ...... 22491 303...... 28404 31...... 28370 201...... 22139 Ch. 304 ...... 22491 922...... 26822 48...... 27597 38 CFR 42 CFR 16 CFR Proposed Rules: 1 ...... 21844, 23868, 26823, 1...... 27598 416...... 27598 305...... 27856 28407, 28408 3 ...... 21871, 23166, 23763 441...... 28110 801...... 23561 31...... 28408 17...... 23326 482...... 27598 802...... 23561 53...... 26824 Proposed Rules: 483...... 28110 803...... 23561 301 ...... 23868, 26824, 28408 36...... 23873 485...... 27598 Proposed Rules: Proposed Rules: 1700...... 22491 27 CFR 39 CFR 36...... 27620 9...... 23589, 26789 405...... 22646 17 CFR Proposed Rules: 250...... 21667 111...... 21720 410...... 23984 30...... 27859 Proposed Rules: 411...... 23984 160...... 24060, 24183 9...... 21707 40 CFR 412...... 22646 200...... 27760 16...... 28135 9...... 28341 413...... 22646, 23984 240...... 21648, 27760 52 ...... 21675, 21875, 22123, 424...... 23984 241...... 22916 28 CFR 22125, 22922, 22924, 23612, 482...... 23984 Proposed Rules: 25...... 22898 23615, 23849, 26914, 27028, 485...... 22646 3...... 27476 Ch. IX...... 27861 27459, 27871, 27875, 28054, 486...... 22646 39...... 24308 901...... 27861 28056, 28058, 28059, 28063 489...... 23984 41...... 27560 62 ...... 22927, 23851, 28375 29 CFR 43 CFR 170...... 27476 63 ...... 24268, 24270, 27032, 202...... 26978 2202...... 21670 27876 3160...... 24073 240...... 26978, 27560 4022...... 26791 70...... 24061, 27008 3200...... 27040 249...... 26978 4044...... 26791 81 ...... 22125, 27034, 27036 44 CFR 82...... 28370 19 CFR 30 CFR 136...... 26795 64...... 22936 102...... 21660, 23981 57...... 27863 141 ...... 26795, 27215, 28341 65 ...... 22438, 24280, 24281 132...... 21664, 27453 72...... 27864 142...... 28341 67...... 24284 163...... 21664, 27453 870...... 28634 143...... 26795 206...... 22443 Proposed Rules: 925...... 23593 180 ...... 22128, 22930, 24061, Proposed Rules: 4...... 21705 934...... 27455 27463, 28383, 28386 62...... 23200, 23874 24...... 21705 936...... 23605 261 ...... 21877, 23617, 24272, 67...... 24315 101...... 21705 Proposed Rules: 27266, 28066 904...... 23868 266...... 27218, 28066 45 CFR 20 CFR 268...... 27266 46...... 27599 217...... 27454 32 CFR 270...... 24270 270...... 23854 989...... 26793 272...... 28397 21 CFR 300 ...... 28093, 28096, 28099, 46 CFR 173...... 22921, 27020 33 CFR 28102, 28106 10...... 24183 510 ...... 22116, 22118, 23588 100...... 23849, 28370 372...... 24066 15...... 24183
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205...... 23860 Proposed Rules: 39...... 22084 50 CFR Ch. I ...... 28410 Proposed Rules: 52...... 27416 17 ...... 22938, 23181, 27901, 54...... 23204 5433...... 27474 67...... 21902 28125 61...... 27927 5452...... 27474 140...... 26824 23...... 27601 141...... 26824 73 ...... 21727, 21728, 22498, Proposed Rules: 216...... 22133, 22450 142...... 26824 22499, 26825, 26826, 27058, 9...... 23134 223...... 24287 143...... 26824 27059 14...... 23134 15...... 23134 229...... 27042 144...... 26824 48 CFR 145...... 26824 31...... 23134 600...... 22467, 28131 146...... 26824 Ch. 1...... 22082, 27406, 27417 52...... 23134 648 ...... 21639, 22473, 23182, 2 ...... 22082, 27012, 27407, 23625, 24052, 27043, 27615 502...... 27921 49 CFR 27414, 27416 660...... 22467, 23185 4...... 27407 1...... 23180 47 CFR 679 ...... 21691, 21886, 21887, 5...... 27407 27...... 22107 23196, 26808, 27043, 27908, 2...... 26796, 27600 6...... 27407 40...... 28400 28132 20...... 22445 7...... 27407 Proposed Rules: Proposed Rules: 51...... 26800 9...... 27407 26...... 23208 17 ...... 22141, 22983, 22994, 54...... 22133 12...... 27407 107...... 22080 26827 61...... 27892 13...... 27407 365...... 22371, 27059 216...... 26828 64...... 22447, 28117 14...... 27407 368...... 22328 68...... 23625, 27600 17...... 27407 383...... 22499 226...... 28141 73 ...... 21679, 21680, 21681, 22...... 27407 384...... 22499 600...... 24093, 28142 22448, 22449, 22450, 23861, 34...... 27407 385...... 22415, 27059 622...... 22144 26806, 26807, 26808, 27040, 35...... 27407 387...... 22328, 27059 635...... 22994 27041, 27042, 28399, 28400 36 ...... 27407, 27414, 27416 390...... 22499 660...... 23660, 27623 87...... 26796 37...... 22082, 27012 578...... 27621 679...... 26828
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REMINDERS TREASURY DEPARTMENT Incidental taking— Truth in lending (Regulation The items in this list were Internal Revenue Service Naval activities; Z): editorially compiled as an aid Employment taxes and surveillance toward Disclosure requirements; to Federal Register users. collection of income taxes at array sensor system delivery by electronic Inclusion or exclusion from source: low frequency communication; comments this list has no legal Federal employment tax activesonar; incidental due by 6-1-01; published significance. deposits; de minimis rule; harassment; comments 3-30-01 published 5-23-01 due by 5-31-01; Truth in savings (Regulation published 5-15-01 DD): RULES GOING INTO ENVIRONMENTAL Disclosure requirements; EFFECT MAY 23, 2001 COMMENTS DUE NEXT PROTECTION AGENCY delivery by electronic WEEK Air programs; approval and communication; comments ENVIRONMENTAL promulgation; State plans due by 6-1-01; published PROTECTION AGENCY AGRICULTURE for designated facilities and 4-4-01 Air programs: DEPARTMENT pollutants: HOUSING AND URBAN Strategic ozone protection— Agricultural Marketing Rhode Island; comments DEVELOPMENT Ozone-depleting Service due by 5-29-01; published DEPARTMENT substances; substitutes Almonds grown in— 4-27-01 Public and Indian housing: list; published 5-23-01 California; comments due by Air quality implementation Operating fund formula; Pesticides; tolerances in food, 6-1-01; published 5-2-01 plans; approval and operating subsidies animal feeds, and raw Cranberries grown in— promulgation; various allocation; comments due States: by 5-29-01; published 3- agricultural commodities: Massachusetts, et al.; 29-01 Aspergillus flavus (AF36); comments due by 5-29- Arizona; comments due by published 5-23-01 01; published 5-14-01 5-31-01; published 5-1-01 INTERIOR DEPARTMENT Thiamethoxam; published 5- Onions grown in— California; comments due by Fish and Wildlife Service 6-1-01; published 5-2-01 23-01 Texas; comments due by 5- Endangered and threatened Colorado; comments due by FARM CREDIT 29-01; published 3-27-01 species: 5-31-01; published 5-1-01 ADMINISTRATION Raisins produced from grapes Critical habitat Illinois; comments due by 5- Farm credit system: grown in— designations— 29-01; published 4-27-01 Federal Agricultural California; comments due by White sturgeon; Kootenai Mortgage Corporation; 5-29-01; published 3-27- FEDERAL River population; risk-based capital 01 COMMUNICATIONS comments due by 5-29- requirements; published 5- COMMISSION 01; published 4-26-01 AGRICULTURE 23-01 Digital television stations; table DEPARTMENT POSTAL SERVICE of assignments: HEALTH AND HUMAN Food Safety and Inspection Domestic Mail Manual: Kentucky; comments due by SERVICES DEPARTMENT Service Postage meters and meter Food and Drug 5-31-01; published 4-24- Meat and poultry inspections: stamps; comments due by Administration 01 5-31-01; published 5-1-01 Processed meat and poultry Administrative practice and Television stations; table of products; performance STATE DEPARTMENT procedure: assignments: standards; comments due Visas; nonimmigrant Examination of Idaho; comments due by 5- documentation: by 5-29-01; published 2- 31-01; published 4-19-01 administrative record and 27-01 Legal Immigration Family other advisory committee Michigan; comments due by Equity Act; new records; published 1-8-01 AGRICULTURE 5-31-01; published 4-19- DEPARTMENT nonimmigrant visa HOUSING AND URBAN 01 categories (V1, V2, V3, Socially Disadvantaged DEVELOPMENT Oregon; comments due by K3, K4); comments due Farmers and Ranchers DEPARTMENT 5-31-01; published 4-19- by 6-1-01; published 4-16- Program; Outreach and 01 01 Equal employment opportunity; Assistance Program; policies and procedures; comments due by 5-30-01; FEDERAL RESERVE TRANSPORTATION update; published 4-23-01 published 4-30-01 SYSTEM DEPARTMENT Consumer leasing (Regulation SMALL BUSINESS COMMERCE DEPARTMENT Coast Guard ADMINISTRATION M): National Oceanic and Drawbridge operations: Disclosure requirements; New Markets Venture Capital Atmospheric Administration Michigan; comments due by Program delivery by electronic Fishery conservation and 5-29-01; published 3-28- Final rule and withdrawal of communication; comments 01 management: due by 6-1-01; published interim final rule; New Jersey; comments due published 5-23-01 Caribbean, Gulf, and South 3-30-01 Atlantic fisheries— by 5-29-01; published 3- TRANSPORTATION Electronic fund transfers 30-01 South Atlantic Fishery (Regulation E): DEPARTMENT Ports and waterways safety: Management Council; Disclosure requirements; Coast Guard Chicago Harbor, IL; safety meetings; comments delivery by electronic Ports and waterways safety: zone; comments due by due by 5-29-01; communication; comments 5-31-01; published 5-1-01 East River, NY; safety zone; published 4-2-01 due by 6-1-01; published published 4-23-01 Magnuson-Stevens Act 4-4-01 TRANSPORTATION San Diego Bay, CA; provisions— Equal credit opportunity DEPARTMENT security zone; published Domestic fisheries; (Regulation B): Federal Aviation 4-23-01 exempted fishing Disclosure requirements; Administration TRANSPORTATION permits; comments due delivery by electronic Airworthiness directives: DEPARTMENT by 5-29-01; published communication; comments Aerospatiale; comments due Privacy Act; implementation; 5-11-01 due by 6-1-01; published by 5-29-01; published 4- published 4-23-01 Marine mammals: 4-4-01 26-01
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Airbus; comments due by 5- Class E airspace; comments 6641. This list is also 29-01; published 4-26-01 due by 5-29-01; published available online at http:// BAe Systems (Operations) 4-11-01 www.nara.gov/fedreg. Public Laws Electronic Ltd.; comments due by 5- TREASURY DEPARTMENT Notification Service 31-01; published 5-1-01 The text of laws is not Internal Revenue Service (PENS) Bell; comments due by 5- published in the Federal 29-01; published 3-29-01 Income taxes: Register but may be ordered Boeing; comments due by Domestic reverse hybrid in ‘‘slip law’’ (individual 5-29-01; published 4-12- entities; treaty guidance pamphlet) form from the PENS is a free electronic mail 01 regarding payments; Superintendent of Documents, notification service of newly Dornier; comments due by comments due by 5-29- U.S. Government Printing enacted public laws. To 5-30-01; published 4-30- 01; published 2-27-01 Office, Washington, DC 20402 subscribe, go to http:// 01 TREASURY DEPARTMENT (phone, 202–512–1808). The hydra.gsa.gov/archives/ Empresa Brasileira de Thrift Supervision Office text will also be made publaws-l.html or send E-mail available on the Internet from Aeronautica S.A. Assessments and fees; to [email protected] (EMBRAER); comments GPO Access at http:// with the following text comments due by 5-30-01; www.access.gpo.gov/nara/ due by 5-29-01; published published 4-30-01 message: 4-27-01 index.html. Some laws may Fokker; comments due by not yet be available. SUBSCRIBE PUBLAWS-L 5-29-01; published 5-4-01 Your Name. LIST OF PUBLIC LAWS H.R. 256/P.L. 107–8 JanAero Devices; comments due by 5-31-01; published This is a continuing list of To extend for 11 additional Note: This service is strictly 4-17-01 public bills from the current months the period for which for E-mail notification of new Saab; comments due by 6- session of Congress which chapter 12 of title 11 of the laws. The text of laws is not 1-01; published 5-2-01 have become Federal laws. It United States Code is available through this service. Class D and Class E may be used in conjunction reenacted. (May 11, 2001; PENS cannot respond to airspace; comments due by with ‘‘PLUS’’ (Public Laws 115 Stat. 10) specific inquiries sent to this 5-30-01; published 4-30-01 Update Service) on 202–523– Last List April 13, 2001 address.
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