8–16–01 Thursday Vol. 66 No. 159 Aug. 16, 2001 Pages 42929–43064
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1 II Federal Register / Vol. 66, No. 159 / Thursday, August 16, 2001
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2 III
Contents Federal Register Vol. 66, No. 159
Thursday, August 16, 2001
Agency for International Development Defense Department NOTICES See Air Force Department Meetings: NOTICES Voluntary Foreign Aid Advisory Committee, 42988 Meetings: Capabilities for Domestic Response to Terrorist Attacks Agency for Toxic Substances and Disease Registry Involving Weapons of Mass Destruction Advisory NOTICES Panel, 42998 Meetings: National Security Education Board, 42998–42999 Public Health Service Activities and Research at DOE Sites Citizens Advisory Committee, 43015 Drug Enforcement Administration RULES Agricultural Marketing Service Comprehensive Methamphetamine Control Act of 1996; NOTICES implementation: Rabbit and poultry products; grade standards, 42988–42989 Listed chemicals; records and reports— Anhydrous hydrogen chloride; non-regulated Agriculture Department transactions establishment, 42944–42946 See Agricultural Marketing Service Schedules of controlled substances: See Cooperative State Research, Education, and Extension Dichloralphenazone; placement into Schedule IV, 42943– Service 42944 See Foreign Agricultural Service See Forest Service Energy Department See Federal Energy Regulatory Commission Air Force Department NOTICES Environmental Protection Agency Reports and guidance documents; availability, etc.: RULES Space transportation policy; request for input from U.S. Air quality implementation plans; approval and space sector, 42999 promulgation; various States: California, 42956–42957 Centers for Disease Control and Prevention Wisconsin, 42949–42956 NOTICES Hazardous waste: Grants and cooperative agreements; availability, etc.: Identification and listing— Landmine-related injuries, trauma prevention and Exclusions, 43053–43064 capacity building program, 43015–43016 Hazardous waste program authorizations: Vermont, 42962–42964 Coast Guard Pesticides; tolerances in food, animal feeds, and raw RULES agricultural commodities: Marine casualties and chemical testing: B-D-glucuronidase from Escherichia coli, etc., 42957– Amendments conforming to DOT rule, 42964–42968 42962 Ports and waterways safety: PROPOSED RULES Maumee River, OH; safety zone, 42948–42949 Air quality implementation plans; approval and Port Washington harbor, WI; safety zone, 42946–42948 promulgation; various States: PROPOSED RULES Wisconsin, 42974 Drawbridge operations: Hazardous waste program authorizations: Louisiana, 42972–42974 Vermont, 42975 Toxic substances: Commerce Department Significant new uses— See Foreign-Trade Zones Board Polymer of substituted aryl olefin, etc., 42976–42978 See International Trade Administration Resorcinol, formaldehyde substituted carbomonocycle See National Oceanic and Atmospheric Administration resin, etc., 42978–42982 NOTICES Water supply: Agency information collection activities: National primary drinking water regulations— Submission for OMB review; comment request, 42993 Arsenic; compliance and new source contaminants monitoring; clarifications; correction, 42974–42975 Commodity Futures Trading Commission NOTICES NOTICES Meetings: Meetings; Sunshine Act, 42997–42998 Cumulative risk assessment methods; background and hazard methodology; relative potency factor; Cooperative State Research, Education, and Extension technical briefing, 43009–43010 Service Scientific Counselors Board Executive Committee, 43010– NOTICES 43011 Grants and cooperative agreements; availability, etc.: Reports and guidance documents; availability, etc.: National Research Initiative Competitive Grants Program, Children’s cancer risk; information needs; workshop 43047–43051 summary, 43011
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Volatilization rates from water to indoor air; Phase II, Foreign Agricultural Service 43011 NOTICES Superfund; response and remedial actions, proposed Import quotas and fees: settlements, etc.: Dairy import licenses, 42989 Old Storm Plastics Facility Site, TX, 43012 RSR Corp. Site, TX, 43012 Foreign-Trade Zones Board NOTICES Federal Aviation Administration Applications, hearings, determinations, etc.: RULES Florida, 42993–42994 Airworthiness directives: Texas, 42994 Airbus, 42939–42941 Boeing, 42937–42939 Forest Service PROPOSED RULES NOTICES Airworthiness directives: Agency information collection activities— Honeywell, 42970–42972 Proposed collection; comment request, 42989–42991 Environmental statements; notice of intent: Federal Communications Commission Gifford Pinchot National Forest, WA, 42991–42992 NOTICES Malheur National Forest, OR, 42992–42993 Agency information collection activities— Proposed collection; comment request, 43012–43014 General Services Administration Federal Election Commission NOTICES Acquisition regulations: NOTICES Screener’s Identification (OF 92); new form, 43014 Meetings; Sunshine Act, 43014 Agency information collection activities— Federal Energy Regulatory Commission Submission for OMB review; comment request, 43014 NOTICES Electric rate and corporate regulation filings: Health and Human Services Department Wisconsin Public Service Corp. et al., 43004–43006 See Agency for Toxic Substances and Disease Registry Environmental statements; availability, etc.: See Centers for Disease Control and Prevention Northwest Pipeline Corp., 43006–43007 See Food and Drug Administration Hydroelectric applications, 43007–43009 See National Institutes of Health Applications, hearings, determinations, etc.: See Public Health Service Black Hills Generation, Inc., 42999–43000 Immigration and Naturalization Service Cobb Electric Membership Corp., 43000 Dominion Transmission, Inc., 43000–43001 NOTICES Galey River Power Partners, L.P., 43001 Agency information collection activities: Marquette Board of Light & Power, 43001–43002 Proposed collection; comment request, 43028–43032 Moses Lake Generating, LLC, 43002 Submission for OMB review; comment request, 43026– PPL Southwest Generation Holdings, LLC, 43002–43003 43033 Rail Energy of Montana, LLC, 43003 20687 Trunkline LNG Co., 43003 Interior Department USGen New England, Inc., 43003–43004 See Land Management Bureau Federal Highway Administration See Minerals Management Service NOTICES International Trade Administration Environmental statements; notice of intent: Butte County, CA, 43037 NOTICES Antidumping: Federal Reserve System Cased pencils from— RULES China, 42994 Membership of State banking institutions (Regulation H): Countervailing duties: Financial subsidiaries, 42929–42937 Individually quick frozen red raspberries from— Chile, 42994–42995 Financial Management Service See Fiscal Service International Trade Commission NOTICES Fiscal Service Import investigations: NOTICES U.S. import restraints, economic effects; update, 43024– Surety companies acceptable on Federal bonds: 43025 Cooperativa de Seguros Multiples de Puerto Rico; correction, 43043 Justice Department See Drug Enforcement Administration Food and Drug Administration See Immigration and Naturalization Service NOTICES NOTICES Human drugs: Pollution control; consent judgments: New drug applications— Chevron USA Inc. et al., 43025 Schering Corp. et al.; approval withdrawn, 43017– Lockheed Martin Corp. et al., 43025 43019 Powell Duffryn Terminals, Inc., 43026
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Union Pacific Railroad Co., 43026 Public Debt Bureau See Fiscal Service Labor Department NOTICES Public Health Service Agency information collection activities— See Agency for Toxic Substances and Disease Registry Submission for OMB review; comment request, 43033– See Centers for Disease Control and Prevention 43034 See Food and Drug Administration Agency information collection activities: See National Institutes of Health Submission for OMB review; comment request, 43034– NOTICES 43035 Meetings: National Toxicology Program— Land Management Bureau Genetically modified foods; allergenic potential NOTICES assessment; workshop, 43021–43022 Withdrawal and reservation of lands: Arizona, 43022 Research and Special Programs Administration NOTICES Minerals Management Service Meetings: Pipeline Safety Advisory Committee, 43040 NOTICES Agency information collection activities: Securities and Exchange Commission Proposed collection; comment request, 43023–43024 RULES Electronic Data Gathering, Analysis, and Retrieval System National Highway Traffic Safety Administration (EDGAR): PROPOSED RULES Filer Manual; update and incorporation by reference, Motor vehicle safety standards: 42941–42942 Booster seats; use and effectiveness; public views, 42982– NOTICES 42985 Intermarket Trading System; plan amendments, 43036– Lamps, reflective devices, and associated equipment— 43037 Horizontal adjuster system for headlamps aimed Applications, hearings, determinations, etc.: visually or optically; rulemaking petition denied, Public utility holding company filings, 43036 42985–42987 NOTICES Surface Transportation Board Agency information collection activities: NOTICES Proposed collection; comment request, 43037–43039 Railroad operation, acquisition, construction, etc.: Motor vehicle safety standards; exemption petitions, etc.: San Diego & Arizona Eastern Railway Co. et al., 43040– General Motors Corp., 43039–43040 43041
National Institutes of Health Toxic Substances and Disease Registry Agency NOTICES See Agency for Toxic Substances and Disease Registry Meetings: National Center for Research Resources, 43019–43020 Transportation Department National Heart, Lung, and Blood Institute, 43020 See Coast Guard National Institute of Arthritis and Musculoskeletal and See Federal Aviation Administration Skin Diseases, 43020–43021 See Federal Highway Administration National Institute of Neurological Disorders and Stroke, See National Highway Traffic Safety Administration 43020 See Research and Special Programs Administration National Institute on Alcohol Abuse and Alcoholism, See Surface Transportation Board 43020 Scientific Review Center, 43021 Treasury Department See Fiscal Service National Oceanic and Atmospheric Administration NOTICES RULES Privacy Act: Fishery conservation and management: Systems of records, 43041–43043 Alaska; fisheries of Exclusive Economic Zone— Shallow water species; prohibition of vessels using Veterans Affairs Department trawl gear in Gulf of Alaska; correction, 42969 NOTICES NOTICES Privacy Act: Agency information collection activities: Systems of records, 43043–43046 Proposed collection; comment request, 42995 Permits: Endangered and threatened species, 42995–42996 Separate Parts In This Issue Foreign fishing, 42996–42997 Marine mammals, 42997 Part II Department of Agriculture, Cooperative State Research, Nuclear Regulatory Commission Education, and Extension Service, 43047–43051 NOTICES Meetings: Part III Reactor Safeguards Advisory Committee, 43035–43036 Environmental Protection Agency, 43053–43064
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Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, 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.
12 CFR 208...... 42929 14 CFR 39 (2 documents) ...... 42937, 42939 Proposed Rules: 39...... 42970 17 CFR 232...... 42941 21 CFR 1308...... 42943 1310...... 42944 33 CFR 165 (2 documents) ...... 42946, 42948 Proposed Rules: 117...... 42972 40 CFR 52 (2 documents) ...... 42949, 42956 180...... 42957 261...... 43054 271...... 42962 Proposed Rules: 52...... 42974 141...... 42974 142...... 42974 271...... 42975 721 (2 documents) ...... 42976, 42978 46 CFR 4...... 42964 5...... 42964 16...... 42964 49 CFR Proposed Rules: 571 (2 documents) ...... 42982, 42985 50 CFR 679...... 42969
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Rules and Regulations Federal Register Vol. 66, No. 159
Thursday, August 16, 2001
This section of the FEDERAL REGISTER nature or incidental to financial subsidiary. Another commenter contains regulatory documents having general activities under the GLB Act, including requested that the Board further applicability and legal effect, most of which general insurance agency activities in streamline the 15-day prior notice are keyed to and codified in the Code of any location and travel agency process established by the interim rule Federal Regulations, which is published under activities. In addition, a financial for obtaining the Federal Reserve 50 titles pursuant to 44 U.S.C. 1510. subsidiary may engage in underwriting, System’s approval to establish a The Code of Federal Regulations is sold by dealing in and making a market in all financial subsidiary or commence a new the Superintendent of Documents. Prices of types of securities—activities previously financial activity through an existing new books are listed in the first FEDERAL prohibited for subsidiaries of state financial subsidiary. REGISTER issue of each week. member banks by the Glass-Steagall Act. In addition, one commenter urged the A financial subsidiary of a state member Board and the other Federal banking bank also may conduct any activity that agencies to closely monitor financial FEDERAL RESERVE SYSTEM the bank is permitted to conduct subsidiaries of banks to ensure that directly. these newly authorized entities do not 12 CFR Part 208 The GLB Act prohibits financial threaten the safety and soundness of [Regulation H; Docket No. R–1064] subsidiaries from engaging in certain affiliated depository institutions. types of activities. As a general matter, Another commenter asserted that the Membership of State Banking a financial subsidiary may not engage as Board should allow a state member bank Institutions in the Federal Reserve principal in underwriting insurance, that has received a less-than-satisfactory System: Financial Subsidiaries providing or issuing annuities, real management rating or rating under the estate development or real estate Community Reinvestment Act (12 AGENCY: Board of Governors of the investment, and merchant banking and U.S.C. 2901 et seq.) (CRA) to request Federal Reserve System. insurance company investment that a follow-up examination occur ACTION: Final rule. activities. expeditiously and, thereby, permit the In March 2000, the Board adopted and bank the opportunity to quickly restore SUMMARY: The Board has adopted a final requested comment on an interim rule its compliance with the rule’s criteria. rule implementing the financial that implemented the financial subsidiary provisions of the Gramm- The Board has carefully reviewed the subsidiary provisions of the GLB Act for Leach-Bliley Act for state member comments received on the interim rule. state member banks (65 FR 14810). The banks. The Gramm-Leach-Bliley Act As described further below, the Board interim rule set forth the criteria that a authorizes state member banks that has modified certain provisions of the state member bank and its depository comply with the requirements of the interim rule in light of these comments institution affiliates must meet for the rule to control, or hold an interest in, a and the Federal Reserve System’s bank to own or control a financial financial subsidiary which may conduct experience in administering the interim subsidiary; the activities that a financial certain financial activities that are not rule since March 2000. The final rule subsidiary may and may not conduct; permissible for the parent bank to remains substantially similar to the the procedures that a state member bank conduct directly. The final rule is Board’s interim rule and the financial must follow to establish a financial substantially similar to the interim rule subsidiary rule adopted by the OCC. subsidiary; and the procedures and that the Board adopted in March 2000. restrictions that would apply if a state Description of Final Rule DATES: The final rule is effective on member bank or any of its depository The final rule, like the interim rule, September 17, 2001. institution affiliates ceased to continue permits qualifying state member banks FOR FURTHER INFORMATION CONTACT: to meet the requirements of the rule. to control, or hold an interest in, a new Kieran J. Fallon, Senior Counsel (202/ The interim rule paralleled the rule type of subsidiary, referred to as a 452–5270), Michael J. O’Rourke, adopted by the Office of the Comptroller ‘‘financial subsidiary.’’ A financial Counsel (202/452–3288), Legal Division; of the Currency (OCC) governing subsidiary is defined as any company Betsy Cross, Deputy Associate Director financial subsidiaries of national banks. that is controlled by one or more (202/452–2574), Division of Banking (See 65 FR 12905.) insured depository institutions, but does Supervision and Regulation; Board of The Board received three comments not include (1) a subsidiary that the Governors of the Federal Reserve from the public on the interim rule, state member bank is specifically System, 20th Street and Constitution each of which was submitted by a trade authorized to hold by the express terms Avenue, NW., Washington, DC 20551. association for the banking industry. All of a Federal statute (other than section SUPPLEMENTARY INFORMATION: commenters supported the interim rule 9 of the Federal Reserve Act), such as an and one commenter noted that the Edge Act subsidiary held under section Background interim rule was conveniently formatted 25 of the Federal Reserve Act, or (2) a Section 121 of the Gramm-Leach- and easy to understand. Commenters subsidiary that engages only in activities Bliley Act (GLB Act) (Pub. L. 106–102; also asked that the Board modify the that the parent bank may conduct 113 Stat. 1373–82) authorizes qualifying rule in minor respects or address issues directly and that are conducted on the state member banks to own or control a suggested by the commenter. For same terms and conditions that govern new type of subsidiary—referred to as a example, one commenter suggested that the conduct of the activity by the state financial subsidiary. A financial the Board make available a list of the member bank. As discussed further subsidiary may engage in activities that newly authorized financial activities below, a financial subsidiary of a bank have been determined to be financial in that may be conducted by a financial may only engage in activities
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permissible for the parent bank and meets the criteria set forth in section any form of credit enhancement, and certain other financial activities. The 10(d) of the FDI Act (12 U.S.C. 1820(d)). may not be held in whole or in any final rule clarifies that a financial Accordingly, the final rule allows a significant part by affiliates or insiders subsidiary includes any of its direct or depository institution to be deemed of the bank or by any other person indirect subsidiaries. ‘‘well managed’’ on the basis of a acting on behalf of or with funds from The authority for a state member bank qualifying state examination.4 The final the bank or an affiliate. to own or control a financial subsidiary rule continues to provide that a If the state member bank is one of the is in addition to the existing authority depository institution that has not been second 50 largest insured banks, the of state member banks to establish examined will be considered well GLB Act allows the bank to meet this operations subsidiaries, which are managed if its appropriate Federal debt rating requirement or an alternative subsidiaries that engage only in banking agency determines that the criteria established jointly by the Board activities that the parent bank may institution’s managerial resources are and the Secretary of the Treasury by conduct directly and that are conducted satisfactory. regulation. The final rule includes the on the same terms and conditions that In the course of administering the alternative criteria established by the govern the conduct of these activities by interim rule, questions have arisen Board and the Secretary of the Treasury the bank. See 12 CFR 250.141. State concerning whether a well managed (see 66 FR 8748). A bank meets this member banks may continue to retain depository institution would retain its alternative criteria if the bank has a and establish new operations well managed status if it merged with current long-term issuer credit rating (as subsidiaries permitted under state law another depository institution. The final defined in § 208.77(f) of the rule) from and the Board’s interpretations without rule clarifies that a depository at least one nationally recognized complying with the requirements of this institution that results from the merger statistical rating organization that is rule.1 of two or more well managed depository within the three highest investment institutions will be considered well Section 208.71—What Are the grade rating categories used by the Requirements To Invest in or Control a managed unless the appropriate Federal organization.6 The debt rating and Financial Subsidiary? banking agency for the resulting alternative criteria do not apply to a institution determines otherwise. large bank if its financial subsidiaries do Under the GLB Act, a state member However, where a merger involves an not engage in any newly authorized bank may control, or hold an interest in, institution that is not well managed, the financial activity as principal. a financial subsidiary only if certain managerial status of the combined criteria are met. Section 208.71 of the organization likely will depend on the Notice to Federal Reserve rule sets forth these criteria. facts and circumstances of the particular Finally, the state member bank must Capital and Management Requirements case. Accordingly, the final rule obtain the Federal Reserve’s approval to provides that a depository institution First, the state member bank and each acquire control of, or an interest in, the resulting from the merger of a well of its depository institution affiliates financial subsidiary using the managed institution with an institution must be well capitalized and well streamlined notice procedures set forth that is not well managed or that has not managed. An insured depository in § 208.76 of the rule. The state been examined will be considered well institution is well capitalized if it meets member bank also must obtain any managed if the appropriate Federal or exceeds the capital levels designated necessary approvals from its state banking agency determines that the as ‘‘well capitalized’’ by the institution’s supervisory authority. resulting institution is well managed. appropriate Federal banking agency Section 208.72—What Activities May a under section 38 of the Federal Deposit Asset Limitation Financial Subsidiary Conduct? Insurance Act (12 U.S.C. 1831o) (FDI Under the GLB Act and the rule, the A financial subsidiary of a state Act). The final rule provides that an aggregate consolidated total assets of the member bank may conduct only three uninsured depository institution will be bank’s financial subsidiaries may not considered ‘‘well capitalized’’ if it has types of activities. exceed the lesser of 45 percent of the First, a financial subsidiary may and maintains at least the capital levels bank’s consolidated total assets or $50 engage in activities that section 4(k)(4) its appropriate Federal banking agency billion. The GLB Act requires the Board of the Bank Holding Company Act of has established under section 38 of the and the Secretary of the Treasury to 1956 (BHC Act) defines by statute to be FDI Act for an insured depository 2 establish a mechanism for indexing the financial in nature or incidental to a institution to be well capitalized. $50 billion limit.5 Well managed is defined by reference financial activity and permissible for a to the achievement of specific Debt Rating or Alternative Requirement financial holding company. These examination ratings.3 The FDI Act for Large Banks activities are listed in § 225.86(a), (b) allows the appropriate Federal banking and (c) of the Board’s Regulation Y (12 If the state member bank is one of the CFR 225.86(a), (b) and (c)) and include agency for a depository institution to largest 100 insured banks, the bank use an examination conducted by a state securities underwriting and dealing, must have at least one issue of selling insurance as agent, and operating banking agency in lieu of a Federal outstanding eligible debt that is examination if the state examination a travel agency in connection with the currently rated in one of the three offering of other financial services. highest investment grade rating Second, a financial subsidiary may 1 The Board recently determined that a state categories by a nationally recognized member bank may, consistent with Federal law and engage in activities that the Secretary of 12 CFR 250.141, acquire less than 100 percent of statistical rating organization. Eligible the Treasury, in consultation with the the shares of an operations subsidiary so long as the debt refers to unsecured debt that has an Board, determines to be financial in bank controls the subsidiary within the meaning of initial maturity of more than 360 days. nature or incidental to financial the Bank Holding Company Act. See Letter from The debt must be issued and Jennifer J. Johnson, Secretary of the Board, to activities and permissible for financial Ronald C. Mayer, The Chase Manhattan Bank, dated outstanding, may not be supported by August 16, 2000. 6 See 66 FR 8748 for a discussion of the types of 2 See 12 CFR 208.77(g)(2). 4 See 12 CFR 208.77(h)(1). ratings that qualify as a long-term issuer credit 3 See 12 CFR 208.77(h). 5 See 12 U.S.C. 24a(a)(6). rating.
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subsidiaries of national banks pursuant then deduct the aggregate amount of its policies and procedures to manage the to section 5136A(b) of the Revised equity investment (including retained financial and operational risks arising Statutes of the United States (12 U.S.C. earnings) in all financial subsidiaries from its ownership of a financial 24a(b)). These activities currently are from the bank’s capital and assets. The subsidiary and preserve the bank’s listed in 12 CFR 1501.2 of the Treasury final rule clarifies how to make the separate corporate identity. A financial Department’s rules.7 capital adjustments required by the GLB subsidiary also is considered a Third, a financial subsidiary of a state Act. Specifically, the bank must deduct subsidiary of a bank holding company member bank may engage in activities (i) 50 percent of the aggregate amount of (and not a subsidiary of a bank) for that the bank is permitted to engage in its equity investment (including purposes of the anti-tying prohibitions directly, subject to the same terms and retained earnings) in all financial of the Bank Holding Company Act conditions that govern the conduct of subsidiaries from both the bank’s Tier 1 Amendments of 1970. the activity by the state member bank. capital and Tier 2 capital for purposes In addition, the rule specifies that a As required by the GLB Act, the rule of determining its risk-based capital financial subsidiary of a state member prohibits a financial subsidiary of a state ratios, (ii) 50 percent of the aggregate bank is considered an affiliate (and not member bank from engaging as amount of its equity investment a subsidiary) of the bank for purposes of principal in insurance underwriting (including retained earnings) in all sections 23A and 23B of the Federal (except to the extent permitted under financial subsidiaries from the bank’s Reserve Act, and includes the GLB Act’s state law and the GLB Act), providing or Tier 1 capital for purposes of special provisions governing the issuing annuities, real estate investment determining its leverage ratio, and (iii) application of section 23A to or development (except to the extent 100 percent of the aggregate amount of investments in, and extensions of credit expressly authorized by applicable state its equity investment (including to, a financial subsidiary. The Board and Federal law), and merchant banking retained earnings) in all financial recently requested comment on a new and insurance company investment subsidiaries from its tangible equity for rule (Regulation W) that would activities permitted for financial holding purposes of determining its tangible implement all aspects of sections 23A companies under sections 4(k)(4)(H) or equity capital ratio.8 In addition, the and 23B of the Federal Reserve Act, (I) of the BHC Act. bank must deduct the entire amount of including the provisions of sections 23A As noted above, one commenter its equity investment (including and 23B that relate to financial requested that the Board make available retained earnings) in all financial subsidiaries of banks.9 Proposed a list of the financial activities that a subsidiaries from the bank’s risk- Regulation W addresses, among other financial subsidiary may conduct. The weighted assets, average total assets and things, the definition of a ‘‘financial Board expects to issue shortly a list of total assets for purposes of determining subsidiary’’ for purposes of sections 23A the newly authorized financial activities its risk-based, leverage and tangible and 23B, how to value a bank’s permissible for a financial subsidiary. capital ratios, respectively. investment in a financial subsidiary for This list, which may be obtained from The bank must meet all applicable purposes of section 23A, and when the Reserve Banks, will not identify capital requirements—including the extensions of credit by an affiliate of a activities that a state member bank may well capitalized requirement of § 208.71 state member bank to a financial be permitted to engage in directly and and the capital levels established by the subsidiary of the bank will be that would, therefore, also be Board under section 38 of the FDI Act— considered an extension of credit by the permissible for a financial subsidiary of after these adjustments. In addition, bank itself under the GLB Act’s special the bank. although the GLB Act requires a bank to anti-evasion rules applicable to ‘‘de-consolidate’’ the assets and financial subsidiaries.10 The Board may Section 208.73—What Additional liabilities of any financial subsidiary for make modifications to this rule as Restrictions Are Applicable to State regulatory capital purposes, a financial appropriate in connection with the Member Banks With Financial subsidiary remains a subsidiary of a adoption of a final Regulation W. Subsidiaries? state member bank and the Board will Section 208.74—What Happens If the The GLB Act requires that a state continue to review the operations and State Member Bank or a Depository member bank that owns or controls a financial and managerial resources of Institution Affiliate Fails To Continue financial subsidiary comply with a the bank on a consolidated basis as part To Meet Certain Requirements? number of prudential safeguards. of the supervisory process. The Board Section 208.73 of the rule implements may take appropriate supervisory action The Board will give notice to a state these requirements. if the Board believes that the bank, member bank that owns or controls a For purposes of determining its either on a fully consolidated basis or financial subsidiary if the Board finds compliance with all applicable on a basis that de-consolidates the that the state member bank or any of its regulatory capital standards, the state bank’s financial subsidiaries, does not depository institution affiliates fails to member bank must ‘‘de-consolidate’’ the have the appropriate financial and continue to be well capitalized and well assets and liabilities of its financial managerial resources (including capital managed, that the assets of the bank’s subsidiaries from those of the bank and resources and risk management financial subsidiaries exceed the asset controls) to conduct its direct or indirect limitation imposed on financial 7 See 66 FR 257. A financial subsidiary may not activities in a safe and sound manner. subsidiaries, or that the state member engage in activities that the Board determines are The rule also requires that the state bank has failed to comply with the complementary to a financial activity and operational safeguards required by the permissible for financial holding companies under member bank establish and maintain section 4(k)(1) of the BHC Act (12 U.S.C. rule. 1843(k)(1)). Similarly, a financial subsidiary may 8 See 12 CFR part 208 Appendix A (risk-based To assist the Board in enforcing the not engage in activities that the Board determines ratios) and Appendix B (leverage ratio); 12 CFR requirements of the GLB Act, the final are financial in nature or incidental to financial 208.43(b)(5) (tangible equity ratio). The rule rule continues to require that a state activities under section 4(k) of the BHC Act unless provides that, if the deduction from Tier 2 capital member bank notify the appropriate the Secretary of the Treasury also finds that such exceeds the bank’s Tier 2 capital, any excess must activities are financial in nature or incidental to be deducted from the bank’s Tier 1 capital for financial activities and permissible for financial purposes of determining its risk-based capital 9 See 66 FR 24186. subsidiaries under 12 U.S.C. 24a(b). ratios. 10 See id. at 24194 and 24204.
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Reserve Bank if the bank becomes aware examination under the CRA.11 Section CRA examination under the Federal that any of its depository institution 208.75 includes these prohibitions. The banking agencies’ CRA regulations,14 or affiliates has ceased to be well rule clarifies that, if this prohibition is to de novo insured depository capitalized and well managed. The final in effect, the financial subsidiary may institutions that have not yet received rule provides that the bank must submit not acquire control of another company (and are not the successor of an this notice within 15 calendar days of by acquiring substantially all of the institution that has received) a CRA becoming aware of the change in the assets of the company. The rule also rating. affiliate’s capital or managerial status, provides that any prohibition under One commenter recommended that and that the notice must identify the § 208.75 does not affect the ability of a the Board allow a state member bank relevant depository institution affiliate financial subsidiary to commence any that has received a less-than-satisfactory and the area(s) of noncompliance. additional activity, or acquire control of management or CRA rating to request a company engaged only in activities, that a follow-up examination occur on If a state member bank receives a that the state member bank is permitted an expedited basis. For many banks, the notice from the Board that it is not in to engage in directly. The terms of the Board’s rules and procedures already compliance with the rule’s GLB Act require the Board to apply the provide for a shorter safety and requirements, the bank must execute an prohibitions in § 208.75 if the state soundness and CRA examination cycle agreement with the Board to bring itself member bank ‘‘or any of its insured if the bank has received a less-than- back into compliance with the depository institution affiliates has satisfactory rating.15 In addition, a requirements of the rule. The agreement received in its most recent examination Reserve Bank may, on request, move must explain the actions the bank will under the [CRA] a rating of less than forward the scheduled date of a bank’s take to correct the areas of ‘satisfactory record of meeting next examination where such action is noncompliance and when such actions community credit needs’.’’12 The Board appropriate and consistent with will be taken and provide any other recently considered how a parallel available resources. information the Board may require. If provision in the GLB Act should apply Section 208.76—What Federal Reserve the notice relates to a depository to a financial holding company that institution affiliate, the affiliate must Approvals Are Necessary for Financial acquires an insured depository Subsidiaries? execute an agreement with its institution with a less-than-satisfactory appropriate Federal banking agency to CRA rating. The Board concluded, based The final rule retains the streamlined restore itself to well capitalized and on the Act’s language and purposes, that notice procedures included in the well managed status. The Board and the the activity prohibitions would apply to interim rule for state member banks to appropriate Federal banking agency may a financial holding company only when engage in newly authorized financial impose conditions on the direct or an insured depository institution activities through a financial subsidiary. indirect activities of the state member receives a less-than-satisfactory CRA A state member bank must file a notice bank or depository institution affiliate, rating while it is a subsidiary of the with the appropriate Reserve Bank prior respectively, until the institution financial holding company.13 For the to acquiring control of, or an interest in, restores its compliance with the rule’s same reasons discussed in that a financial subsidiary, or engaging in an requirements. If the deficiencies are not rulemaking, the Board believes that the additional financial activity through an corrected within 180 days (or such parallel restrictions in the GLB Act and existing financial subsidiary. A notice is longer period as the Board may permit), § 208.75 concerning financial not required for a financial subsidiary to the Board may require the state member subsidiaries apply only if the state engage in an additional activity that the bank to divest its financial subsidiaries. member bank has a less-than- parent state member bank is permitted If a state member bank that is one of satisfactory CRA rating or an insured to conduct directly. The notice must the largest 100 insured banks fails to depository affiliate of the bank receives provide basic information on the continue to meet the debt rating a less-than-satisfactory CRA rating while financial subsidiary and its existing and requirement or alternative criteria of it is an affiliate of the state member proposed activities and include a § 208.71(b), if applicable, the state bank. If a state member bank becomes certification that the state member bank member bank may not acquire any affiliated with an insured depository and its depository institution affiliates additional equity capital (including debt institution that, at the time of the meet the requirements of the GLB Act qualifying as capital) of the financial affiliation, has a less-than-satisfactory and the rule. The final rule also subsidiary until the bank once again CRA rating, the institution must achieve provides that a notice must provide the meets these requirements. at least a ‘‘satisfactory’’ CRA rating in its capital ratios for the bank and its first CRA examination after becoming depository institution affiliates. The Section 208.75—What Happens if the affiliated with the state member bank or Board has found that the capital data State Member Bank or Any of Its Insured the prohibitions in § 208.75 would available to a banking organization at Depository Institution Affiliates apply to the state member bank and its times differs from the data available to Receives Less Than a ‘‘Satisfactory’’ financial subsidiaries. the Board, and that requiring the filing CRA Rating? The GLB Act’s CRA prohibitions organization to include this data in a apply only if the state member bank or notice assists in ensuring that the The GLB Act requires the Board to any of its insured depository institution organization meets the relevant capital prohibit a state member bank from affiliates has received less than a levels required by statute. acquiring control of a financial ‘‘satisfactory’’ CRA rating at its most If the notice relates to the initial subsidiary, or commencing any recent examination under the CRA. affiliation of the state member bank with additional activity or acquiring control Accordingly, the CRA rating a company engaged in insurance of any company through an existing requirement does not apply to special activities, the notice also must describe financial subsidiary, if the bank or any purpose banks that are not subject to the company’s insurance activities and insured depository institution affiliate identify the states where the company has received less than a ‘‘satisfactory’’ 11 See 12 U.S.C. 1843 (l)(2); 12 U.S.C. 24a(a)(7). rating from its appropriate Federal 12 See 12 U.S.C. 1843(l)(2). 14 See 12 CFR 228.11(c)(3). banking agency at its most recent 13 See 66 FR 400, 404 (Jan. 3, 2001). 15 See, e.g. 12 CFR 208.64.
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holds an insurance license. The Board new authority available to all state January 1, 2000. The Board invited will use this information in fulfilling its member banks, provided the bank meets comment on whether the interim rule obligations to consult with the relevant the qualifying criteria established by the was written in ‘‘plain language’’ and state insurance authorities under section Act. Accordingly, the rule applies to all how to make the interim rule easier to 307(c) of the GLB Act (15 U.S.C. state member banks, regardless of size. understand. Commenters stated that the 6716(c)). As of December 31, 2000, there were interim rule was effectively organized The rule provides that a notice will be 991 state member banks, of which 593 and easy to understand. The final rule deemed approved on the fifteenth day had total assets of less than $150 is substantially similar to the interim after receipt by the appropriate Reserve million. The rule permits a state rule and the Board believes the final Bank of an informationally complete member bank to take advantage of this rule is written plainly and clearly. submission unless, prior to that time, new authority by following a the notice is disapproved or the bank is streamlined notice procedure, which List of Subjects in 12 CFR Part 208 notified that additional time to review should impose minimal burdens on the notice is needed. In addition, the small banking organizations. Accounting, Agriculture, Banks, appropriate Reserve Bank may approve Banking, Confidential business the notice prior to the expiration of the III. Paperwork Reduction Act information, Crime, Currency, Federal 15-day period by informing the bank in The Board previously has reviewed, Reserve System, Mortgages, Reporting writing of such action. For purposes of under the authority delegated to the and recordkeeping requirements, calculating the 15-day review period, Board by the Office of Management and Securities. the day on which an informationally Budget (OMB), the collection of complete notice is received is information requirements of the final Authority and Issuance considered day zero. rule in accordance with section 3506 of The Board believes that this the Paperwork Reduction Act of 1995 For the reasons set forth in the streamlined 15-day notice procedure (44 U.S.C. Ch. 35; 5 CFR 1320 Appendix preamble, Title 12, Chapter II, Part 208 provides state member banks with the A.1). See 66 FR 29325. The OMB control of the Code of Federal Regulations is ability to respond quickly to market number for this rule is 7100–0292. The amended as follows: conditions while, at the same time, Federal Reserve may not conduct or providing the Board adequate time to sponsor, and an organization is not PART 208—MEMBERSHIP OF STATE verify that the bank meets applicable required to respond to, any information BANKING INSTITUTIONS IN THE statutory criteria. Accordingly, the collection unless the Board has FEDERAL RESERVE SYSTEM Board has not adopted a procedure that displayed a currently valid OMB control (REGULATION H) would allow a state member bank to number. acquire a financial subsidiary (or The Federal Reserve has a continuing 1. The authority citation for Part 208 commence a new financial activity interest in the public’s opinions of our is revised to read as follows: through an existing financial subsidiary) collections of information. At any time, Authority: 12 U.S.C. 24, 24a, 36, 92a, 93a, immediately upon the filing of a notice comments regarding the burden 248(a), 248(c), 321–338a, 371d, 461, 481–486, with the Federal Reserve. estimate, or any other aspect of this 601, 611, 1814, 1816, 1818, 1820(d)(9), The GLB Act permits a state member collection of information, including 1823(j), 1828(o), 1831, 1831o, 1831p–1, bank to acquire an interest in or control suggestions for reducing the burden, 1831r–1, 1831w, 1835a, 1843(l)(2), 1882, a financial subsidiary if it meets the may be sent to: Secretary, Board of 2901–2907, 3105, 3310, 3331–3351, and criteria and requirements set forth in the Governors of the Federal Reserve 3906–3909; 15 U.S.C. 78b, 78l(b), 78l(g), rule. The Board, however, retains its System, 20th and C Streets, NW., 78l(i), 78o–4(c)(5), 78q, 78q–1, and 78w; 31 general supervisory authority for state Washington, DC 20551; and to the U.S.C. 5318; 42 U.S.C. 4012a, 4104a, 4104b, member banks and may restrict or limit Office of Management and Budget, 4106 and 4128. the activities of, or the acquisition or Paperwork Reduction Project (7100– ownership of a subsidiary by, a state 0292), Washington, DC 20503. 2. Subpart G is revised to read as member bank if the Board finds the follows: bank does not have the appropriate IV. Administrative Procedure Act financial and managerial resources to The provisions of the rule are Subpart G—Financial Subsidiaries of State conduct the activities or acquire or effective on September 17, 2001, on a Member Banks retain ownership of the company. final basis. The interim rule became 208.71 What are the requirements to invest effective, on an interim basis, on March in or control a financial subsidiary? II. Regulatory Flexibility Analysis 11, 2000, in order to allow state member 208.72 What activities may a financial In accordance with section 4(a) of the banks to immediately take advantage of subsidiary conduct? Regulatory Flexibility Act (5 U.S.C. the new authority granted by the GLB 207.73 What additional provisions are 604(a)), the Board must publish a final Act to own or control financial applicable to state member banks with regulatory flexibility analysis with this subsidiaries. This new statutory financial subsidiaries? rulemaking. The rule implements the authority became effective on March 11, 208.74 What happens if the state member new authority granted by the GLB Act 2000. Pursuant to the Administrative bank or a depository institution affiliate to state member banks to acquire Procedure Act (5 U.S.C. 553), the Board fails to continue to meet certain financial subsidiaries. Because the rule requested comments on all aspects of requirements? authorizes state member banks to the interim rule and has amended the 208.75 What happens if the state member acquire this new type of subsidiary, and rule as appropriate after reviewing the bank or any of its insured depository thereby engage in new activities, the comments received. institution affiliates receives less than a rule does not place any additional ‘‘satisfactory’’ CRA rating? burden on state member banks and V. Use of ‘‘Plain Language’’ 208.76 What Federal Reserve approvals are should, in fact, enhance the overall Section 722 of the GLB Act requires necessary for financial subsidiaries? efficiency and flexibility of state the Board to use ‘‘plain language’’ in all 208.77 Definitions. member banks. The GLB Act makes this proposed and final rules published after
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Subpart G—Financial Subsidiaries of (1) Any financial activity listed in (ii) Deduct the entire amount of the State Member Banks § 225.86(a), (b), or (c) of the Board’s bank’s outstanding equity investment Regulation Y (12 CFR 225.86(a), (b), or (including retained earnings) in all § 208.71 What are the requirements to (c)); financial subsidiaries from the bank’s invest in or control a financial subsidiary? (2) Any activity that the Secretary of risk-weighted assets. (a) In general. A state member bank the Treasury, in consultation with the (3) For purposes of determining the may control, or hold an interest in, a Board, has determined to be financial in bank’s leverage capital ratio under financial subsidiary only if: nature or incidental to a financial Appendix B of this part, the bank (1) The state member bank and each activity and permissible for financial must— depository institution affiliate of the subsidiaries pursuant to Section (i) Deduct 50 percent of the aggregate state member bank are well capitalized 5136A(b) of the Revised Statutes of the amount of its outstanding equity and well managed; United States (12 U.S.C. 24a(b)); and investment (including retained (2) The aggregate consolidated total (3) Any activity that the state member assets of all financial subsidiaries of the earnings) in all financial subsidiaries bank is permitted to engage in directly state member bank do not exceed the from the bank’s Tier 1 capital; and (subject to the same terms and lesser of: (ii) Deduct the entire amount of the (i) 45 percent of the consolidated total conditions that govern the conduct of bank’s outstanding equity investment assets of the parent bank; or the activity by the state member bank). (including retained earnings) in all (ii) $50 billion, which dollar amount (b) Impermissible activities. financial subsidiaries from the bank’s shall be adjusted according to an Notwithstanding paragraph (a) of this average total assets. indexing mechanism jointly established section, a financial subsidiary may not (4) For purposes of determining the by the Board and the Secretary of the engage as principal in the following bank’s ratio of tangible equity to total Treasury; activities: assets under § 208.43(b)(5), the bank (3) The state member bank, if it is one (1) Insuring, guaranteeing, or must deduct the entire amount of the of the largest 100 insured banks (based indemnifying against loss, harm, bank’s outstanding equity investment on consolidated total assets as of the damage, illness, disability or death (including retained earnings) in all end of the previous calendar year), (except to the extent permitted under financial subsidiaries from the bank’s meets the debt rating or alternative applicable state law and section 302 or tangible equity and total assets. requirement of paragraph (b) of this 303(c) of the Gramm-Leach-Bliley Act (5) If the deduction from Tier 2 capital section, if applicable; and (15 U.S.C. 6712 or 6713(c)); required by paragraph (a)(2)(i) of this (4) The Board or the appropriate (2) Providing or issuing annuities the section exceeds the bank’s Tier 2 Reserve Bank has approved the bank to income of which is subject to tax capital, any excess must be deducted acquire the interest in or control the treatment under section 72 of the from the bank’s Tier 1 capital. financial subsidiary under § 208.76. Internal Revenue Code of 1986 (26 (b) Financial statement disclosure of (b) Debt rating or alternative U.S.C. 72); capital deduction. Any published requirement for 100 largest insured (3) Real estate development or real financial statement of a state member banks.—(1) General. A state member estate investment, unless otherwise bank that controls or holds an interest bank meets the debt rating or alternative expressly authorized by applicable state in a financial subsidiary must, in requirement of this paragraph (b) if: and Federal law; and addition to providing information (i) The bank has at least one issue of (4) Any merchant banking or prepared in accordance with generally eligible debt outstanding that is insurance company investment activity accepted accounting principles, currently rated in one of the three permitted for financial holding separately present financial information highest investment grade rating companies by section 4(k)(4)(H) or (I) of for the bank reflecting the capital categories by a nationally recognized the Bank Holding Company Act (12 deduction and adjustments required by statistical rating organization; or U.S.C. 1843(k)(4)(H) and (I)). paragraph (a) of this section. (ii) If the bank is one of the second 50 (c) Safeguards for the bank. A state largest insured banks (based on § 208.73 What additional provisions are applicable to state member banks with member bank that establishes, controls consolidated total assets as of the end of financial subsidiaries? or holds an interest in a financial the previous calendar year), the bank subsidiary must: has a current long-term issuer credit (a) Capital deduction required. A state (1) Establish and maintain procedures rating from at least one nationally member bank that controls or holds an for identifying and managing financial recognized statistical rating organization interest in a financial subsidiary must and operational risks within the state that is within the three highest comply with the following rules in member bank and the financial investment grade rating categories used determining its compliance with subsidiary that adequately protect the by the organization. applicable regulatory capital standards (2) Financial subsidiaries engaged in (including the well capitalized standard state member bank from such risks; and financial activities only as agent. This of § 208.71(a)(1)): (2) Establish and maintain reasonable paragraph (b) does not apply to a state (1) The bank must not consolidate the policies and procedures to preserve the member bank if the financial assets and liabilities of any financial separate corporate identity and limited subsidiaries of the bank engage in subsidiary with those of the bank. liability of the state member bank and financial activities described in (2) For purposes of determining the the financial subsidiary. § 208.72(a)(1) and (2) only in an agency bank’s risk-based capital ratios under (d) Application of Sections 23A and capacity and not directly or indirectly as Appendix A of this part, the bank 23B of the Federal Reserve Act. For principal. must— purposes of sections 23A and 23B of the (i) Deduct 50 percent of the aggregate Federal Reserve Act (12 U.S.C. 371c, § 208.72 What activities may a financial amount of its outstanding equity 371c–1): subsidiary conduct? investment (including retained (1) A financial subsidiary of a state (a) Authorized activities. A financial earnings) in all financial subsidiaries member bank shall be deemed an subsidiary of a state member bank may from both the bank’s Tier 1 capital and affiliate, and not a subsidiary, of the engage in only the following activities: Tier 2 capital; and bank;
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(2) The restrictions contained in (3) Execution of agreement. Within 45 (b) Debt rating or alternative section 23A(a)(1)(A) of the Federal days after receiving a notice from the requirement. If a state member bank Reserve Act (12 U.S.C. 371c(a)(1)(A)) Board under paragraph (a)(1) of this does not continue to meet any shall not apply with respect to covered section, or such additional period of applicable debt rating or alternative transactions between the bank and any time as the Board may permit, the: requirement of § 208.71(b), the bank individual financial subsidiary of the (i) State member bank must execute may not, directly or through a bank; an agreement acceptable to the Board to subsidiary, purchase or acquire any (3) The bank’s investment in a comply with all applicable capital, additional equity capital of any financial subsidiary shall not include management, asset and safeguard financial subsidiary until the bank retained earnings of the financial requirements; and restores its compliance with the subsidiary; (ii) Any relevant depository requirements of that section. For (4) Any purchase of, or investment in, institution affiliate of the state member purposes of this paragraph (b), the term the securities of a financial subsidiary bank must execute an agreement ‘‘equity capital’’ includes, in addition to by an affiliate of the bank will be acceptable to its appropriate Federal any equity instrument, any debt considered to be a purchase of, or banking agency to comply with all instrument issued by the financial investment in, such securities by the applicable capital and management subsidiary if the debt instrument bank; and requirements. qualifies as capital of the subsidiary (5) Any extension of credit by an (4) Agreement requirements. Any under any Federal or state law, affiliate of the bank to a financial agreement required by paragraph regulation or interpretation applicable subsidiary of the bank will be (a)(3)(i) of this section must: to the subsidiary. considered to be an extension of credit (i) Explain the specific actions that § 208.75 What happens if the state by the bank to the financial subsidiary the state member bank will take to member bank or any of its insured if the Board determines that such correct all areas of noncompliance; depository institution affiliates receives treatment is necessary or appropriate to (ii) Provide a schedule within which less than a ‘‘satisfactory’’ CRA rating? prevent evasions of the Federal Reserve each action will be taken; and (a) Limits on establishment of Act and the Gramm-Leach-Bliley Act. (iii) Provide any other information the financial subsidiaries and expansion of (e) Application of anti-tying Board may require. existing financial subsidiaries. If a state prohibitions. A financial subsidiary of a (5) Imposition of limits. Until the member bank, or any insured depository state member bank shall be deemed a Board determines that the conditions institution affiliate of the bank, has subsidiary of a bank holding company described in the notice under paragraph received less than a ‘‘satisfactory’’ rating and not a subsidiary of the bank for (a)(1) of this section are corrected: in meeting community credit needs in purposes of the anti-tying prohibitions (i) The Board may impose any its most recent examination under the of section 106 of the Bank Holding limitations on the conduct or activities Community Reinvestment Act of 1977 Company Act Amendments of 1970 (12 of the state member bank or any (12 U.S.C. 2901 et seq.): U.S.C. 1971 et seq.). subsidiary of the bank as the Board (1) The state member bank may not, § 208.74 What happens if the state determines to be appropriate under the directly or indirectly, acquire control of member bank or a depository institution circumstances and consistent with the any financial subsidiary; and affiliate fails to continue to meet certain purposes of section 121 of the Gramm- (2) Any financial subsidiary requirements? Leach-Bliley Act, including requiring controlled by the state member bank (a) Qualifications and safeguards. The the Board’s prior approval for any may not commence any additional following procedures apply to a state financial subsidiary of the bank to activity or acquire control, including all member bank that controls or holds an acquire any company or engage in any or substantially all of the assets, of any interest in a financial subsidiary. additional activity; and company. (b) Exception for certain activities. (1) Notice by Board. If the Board finds (ii) The appropriate Federal banking The prohibition in paragraph (a)(2) of that a state member bank or any of its agency for any relevant depository this section does not apply to any depository institution affiliates fails to institution affiliate may impose any activity, or to the acquisition of control continue to be well capitalized and well limitations on the conduct or activities of any company that is engaged only in managed, or the state member bank is of the depository institution or any activities, that the state member bank is not in compliance with the asset subsidiary of that institution as the permitted to conduct directly and that limitation set forth in § 208.71(a)(2) or agency determines to be appropriate are conducted on the same terms and the safeguards set forth in § 208.73(c), under the circumstances and consistent conditions that govern the conduct of the Board will notify the state member with the purposes of section 121 of the the activity by the state member bank. bank in writing and identify the areas of Gramm-Leach-Bliley Act. (c) Duration of prohibitions. The noncompliance. The Board may provide (6) Divestiture. The Board may require prohibitions described in paragraph (a) this notice at any time before or after a state member bank to divest control of of this section shall continue in effect receiving notice from the state member any financial subsidiary if the until such time as the state member bank under paragraph (a)(2) of this conditions described in a notice under bank and each insured depository section. paragraph (a)(1) of this section are not institution affiliate of the state member (2) Notification by state member bank. corrected within 180 days of receipt of bank has achieved at least a A state member bank must notify the the notice or such additional period of ‘‘satisfactory’’ rating in meeting appropriate Reserve Bank in writing time as the Board may permit. Any community credit needs in its most within 15 calendar days of becoming divestiture must be completed in recent examination under the aware that any depository institution accordance with any terms and Community Reinvestment Act. affiliate of the bank has ceased to be conditions established by the Board. well capitalized or well managed. The (7) Consultation. The Board will § 208.76 What Federal Reserve approvals notification must identify the depository consult with all relevant Federal and are necessary for financial subsidiaries? institution affiliate and the area(s) of state regulatory authorities in taking any (a) Notice requirements. (1) A state noncompliance. action under this paragraph (a). member bank may not acquire control
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of, or an interest in, a financial (d) Approval procedures. A notice the activities by the state member bank; subsidiary unless it files a notice (in filed with the appropriate Reserve Bank or letter form, with enclosures) with the under paragraph (a) of this section will (ii) A subsidiary that the state member appropriate Reserve Bank. be deemed approved on the fifteenth bank is specifically authorized by the (2) A state member bank may not day after receipt of a complete notice by express terms of a Federal statute (other engage in any additional activity the appropriate Reserve Bank, unless than section 9 of the Federal Reserve pursuant to § 208.72(a)(1) or (2) through prior to that date the Board or the Act (12 U.S.C. 335)), and not by an existing financial subsidiary unless appropriate Reserve Bank notifies the implication or interpretation, to control, the state member bank files a notice (in bank that the notice is approved, that such as by section 25 or 25A of the letter form, with enclosures) with the the notice will require additional Federal Reserve Act (12 U.S.C. 601– appropriate Reserve Bank. review, or that the bank does not meet 604a, 611–631) or the Bank Service (b) Contents of Notice. Any notice the requirements of this subpart. Any Company Act (12 U.S.C. 1861 et seq.). required by paragraph (a) of this section notification of early approval of a notice (2) Subsidiaries of financial must: must be in writing. subsidiaries. A financial subsidiary (1) In the case of a notice filed under includes any company that is directly or § 208.77 Definitions. paragraph (a)(1) of this section, describe indirectly controlled by the financial the transaction(s) through which the The following definitions shall apply subsidiary. bank proposes to acquire control of, or for purposes of this subpart: (f) Long-term Issuer Credit Rating. The term ‘‘long-term issuer credit rating’’ an interest in, the financial subsidiary; (a) Affiliate, Company, Control, and means a written opinion issued by a (2) Provide the name and head office Subsidiary. The terms ‘‘affiliate’’, nationally recognized statistical rating address of the financial subsidiary; ‘‘company’’, ‘‘control’’, and organization of the bank’s overall (3) Provide a description of the ‘‘subsidiary’’ have the meanings given capacity and willingness to pay on a current and proposed activities of the those terms in section 2 of the Bank timely basis its unsecured, dollar- financial subsidiary and the specific Holding Company Act of 1956 (12 denominated financial obligations authority permitting each activity; U.S.C. 1841). (b) Appropriate Federal Banking maturing in not less than one year. (4) Provide the capital ratios as of the (g) Well Capitalized—(1) Insured close of the previous calendar quarter Agency, Depository Institution, Insured Bank and Insured Depository depository institutions. An insured for all relevant capital measures, as depository institution is ‘‘well defined in section 38 of the Federal Institution. The terms ‘‘appropriate Federal banking agency’’, ‘‘depository capitalized’’ if it has and maintains at Deposit Insurance Act (12 U.S.C. least the capital levels required to be 1831o), for the bank and each of its institution’’, ‘‘insured bank’’ and ‘‘insured depository institution’’ have well capitalized under the capital depository institution affiliates; adequacy regulations or guidelines (5) Certify that the bank and each of the meanings given those terms in section 3 of the Federal Deposit adopted by the institution’s appropriate its depository institution affiliates was Federal banking agency under section well capitalized at the close of the Insurance Act (12 U.S.C. 1813). (c) Capital-related definitions. 38 of the Federal Deposit Insurance Act previous calendar quarter and is well (12 U.S.C. 1831o). capitalized as of the date the bank files (1) The terms ‘‘Tier 1 capital’’, (2) Uninsured depository institutions. its notice; ‘‘tangible equity’’, ‘‘risk-weighted A depository institution the deposits of (6) Certify that the bank and each of assets’’ and ‘‘total assets’’ have the which are not insured by the Federal its depository institution affiliates is meanings given those terms in § 208.41 Deposit Insurance Corporation is ‘‘well well managed as of the date the bank of this part. capitalized’’ if the institution has and files its notice; (2) The terms ‘‘Tier 2 capital’’ and maintains at least the capital levels (7) Certify that the bank meets the ‘‘average total assets’’ have the meanings required for an insured depository debt rating or alternative requirement of given those terms in Appendix A and institution to be well capitalized. § 208.71(b), if applicable; and Appendix B of this part, respectively. (h) Well Managed—(1) In general. The (8) Certify that the bank and its (d) Eligible Debt. The term ‘‘eligible term ‘‘well managed’’ means: financial subsidiaries are in compliance debt’’ means unsecured debt with an (i) Unless otherwise determined in with the asset limit set forth in initial maturity of more than 360 days writing by the appropriate Federal § 208.71(a)(2) both before the proposal that: banking agency, the institution has and on a pro forma basis. (1) Is not supported by any form of received a composite rating of 1 or 2 (c) Insurance activities. (1) If a notice credit enhancement, including a under the Uniform Financial filed under paragraph (a) of this section guarantee or standby letter of credit; and Institutions Rating System (or an relates to the initial affiliation of the (2) Is not held in whole or in any equivalent rating under an equivalent bank with a company engaged in significant part by any affiliate, officer, rating system) and at least a rating of 2 insurance activities, the notice must director, principal shareholder, or for management (if such rating is given) describe the type of insurance activity employee of the bank or any other in connection with its most recent that the company is engaged in or plans person acting on behalf of or with funds examination or subsequent review by to conduct and identify each state where from the bank or an affiliate of the bank. the institution’s appropriate Federal the company holds an insurance license (e) Financial Subsidiary—(1) In banking agency (or the appropriate state and the state insurance regulatory general. The term ‘‘financial subsidiary’’ banking agency in an examination authority that issued the license. means any company that is controlled described in section 10(d) of the Federal (2) The appropriate Reserve Bank will by one or more insured depository Deposit Insurance Act (12 U.S.C. send a copy of any notice described in institutions other than: 1820(d)); or paragraph (c)(1) of this section to the (i) A subsidiary that engages only in (ii) In the case of any depository appropriate state insurance regulatory activities that the state member bank is institution that has not been examined authorities and provide such authorities permitted to engage in directly and that by its appropriate Federal banking with an opportunity to comment on the are conducted on the same terms and agency or been subject to an proposal. conditions that govern the conduct of examination by its appropriate state
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banking agency that meets the could result in inability to control airplanes. Based on the commenter’s requirements of section 10(d) of the smoke or fumes in the airplane flight statements, however, we now know that Federal Deposit Insurance Act (18 deck or cabin. This action is intended to there are at least two Model 767–300 U.S.C. 1820(d)), the existence and use of address the identified unsafe condition. series airplanes in the worldwide fleet managerial resources that the DATES: Effective September 20, 2001. with the subject IFE systems still appropriate Federal banking agency ADDRESSES: Information related to this installed. determines are satisfactory. amendment may be examined at the The FAA concurs with the commenter (2) Merged depository institutions—(i) Federal Aviation Administration (FAA), that it may be possible to modify the Merger involving well managed Transport Airplane Directorate, Rules subject IFE systems to adequately institutions. A depository institution Docket, 1601 Lind Avenue, SW., address the unsafe condition. Therefore, that results from the merger of two or Renton, Washington. we have revised paragraph (a) of this AD more depository institutions that are to provide two options for compliance: FOR FURTHER INFORMATION CONTACT: well managed will be considered to be 1. Removal of the subject IFE system Stephen S. Oshiro, Aerospace Engineer, well managed unless the appropriate per a method approved by the FAA (as Systems and Equipment Branch, ANM– Federal banking agency for the resulting proposed). Or, 130S, FAA, Seattle Aircraft Certification depository institution determines 2. Modification of the subject IFE Office, 1601 Lind Avenue, SW., Renton, otherwise. system to provide the flight crew or (ii) Merger involving a poorly rated Washington 98055–4056; telephone cabin crew with a means of removing institution. A depository institution that (425) 227–2793; fax (425) 227–1181. electrical power from the IFE system results from the merger of a well SUPPLEMENTARY INFORMATION: A equipment and wiring during a non- managed depository institution with proposal to amend part 39 of the Federal normal or emergency situation one or more depository institutions that Aviation Regulations (14 CFR part 39) to involving smoke or fire on the flight are not well managed or that have not include an airworthiness directive (AD) deck or in the passenger cabin. been examined shall be considered to be that is applicable to all Boeing 767–300 Depending on the method of well managed if the appropriate Federal series airplanes modified by modification, it may also be necessary to banking agency for the resulting supplemental type certificate (STC) revise the Airplane Flight Manual and depository institution determines that SA5765NM or SA5978NM was cabin crew procedures manual to the institution is well managed. published in the Federal Register on provide the airplane crew with March 2, 2001 (66 FR 13192). That information regarding the use of the By order of the Board of Governors of the action proposed to require removal of Federal Reserve System, August 13, 2001. power switches or controls installed the in-flight entertainment (IFE) system during the modification. If this Jennifer J. Johnson, installed by those STCs. compliance option is chosen, the Secretary of the Board. Comments modification and any necessary manual [FR Doc. 01–20656 Filed 8–15–01; 8:45 am] revisions must be done per a method BILLING CODE 6210–01–P Interested persons have been afforded approved by the FAA. an opportunity to participate in the Additionally, we have revised the making of this amendment. Due Cost Impact section of this AD based on DEPARTMENT OF TRANSPORTATION consideration has been given to the the information provided by the single comment received. commenter, and paragraph (b) of this Federal Aviation Administration Allow Modification of Installed IFE AD to state that installation of an IFE Systems system per STC SA5765NM or 14 CFR Part 39 SA5978NM after the effective date of The commenter questions why the [Docket No. 2000–NM–232–AD; Amendment this AD is prohibited unless the 39–12386; AD 2001–16–17] FAA is proposing to require removal of modification of the IFE system is done IFE systems installed per STC per this AD. Lastly, a new Note 2 has RIN 2120–AA64 SA5765NM or SA5978NM rather than been added (and a subsequent note modification of the installed systems. renumbered) to explain that, as part of Airworthiness Directives; Boeing The commenter states that a Model 767–300 Series Airplanes the modification, it may be necessary to modification that transfers power from revise crew procedures. Modified by Supplemental Type the main to the utility power bus, or that Certificate SA5765NM or SA5978NM installs a master power switch for the Conclusion AGENCY: Federal Aviation IFE system on the video control center, After careful review of the available Administration, DOT. along with appropriate changes to flight data, including the comment noted ACTION: Final rule. crew and cabin crew procedures, would above, the FAA has determined that air adequately address the identified unsafe safety and the public interest require the SUMMARY: This amendment adopts a condition. The commenter also notes adoption of the rule with the changes new airworthiness directive (AD), that it operates two Boeing Model 767– previously described. The FAA has applicable to all Boeing Model 767–300 300 series airplanes affected by the determined that these changes will series airplanes modified by proposed AD and is contracting with the neither increase the economic burden supplemental type certificate (STC) STC holder for modification of the on any operator nor increase the scope SA5765NM or SA5978NM, that requires installed IFE system on these airplanes. of the AD. removal or modification of the in-flight We concur with the commenter’s entertainment (IFE) system installed by request to allow modification of the Cost Impact those STCs. This action is necessary to subject IFE systems in lieu of removal The holder of the STCs previously prevent the inability of the flight crew of these systems. We stated in the informed the FAA that the subject IFE to remove power from the IFE system proposed rule that the STC holder systems have been removed from all when necessary. Inability to remove informed us that IFE systems installed affected Boeing Model 767–300 series power from the IFE system during a by STC SA5765NM or SA5978NM had airplanes modified by STC SA5765NM non-normal or emergency situation been removed from all affected or SA5978NM. However, based on
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information provided by a commenter to determined that this final rule does not entertainment (IFE) system when necessary; the proposal, we now know that there have federalism implications under which, during a non-normal or emergency are at least 2 Model 767–300 series Executive Order 13132. situation, could result in inability to control airplanes of the affected design in the For the reasons discussed above, I smoke or fumes in the airplane flight deck or cabin; accomplish the following: worldwide fleet. These airplanes are certify that this action (1) is not a currently operated by a non-U.S. ‘‘significant regulatory action’’ under Removal or Modification of IFE System operator under foreign registry; Executive Order 12866; (2) is not a (a) Within 18 months after the effective therefore, they are not directly affected ‘‘significant rule’’ under DOT date of this AD, do the actions in either by this AD action. The FAA knows of Regulatory Policies and Procedures (44 paragraph (a)(1) or (a)(2) of this AD. no airplanes of U.S. registry that will be FR 11034, February 26, 1979); and (3) (1) Remove the IFE system installed by affected by this AD. Therefore, the FAA will not have a significant economic STC SA5765NM or STC SA5978NM by a expects that there will be no future cost impact, positive or negative, on a method approved by the Manager, Seattle Aircraft Certification Office (ACO), FAA. For impact on U.S. operators as a result of substantial number of small entities a removal method to be approved by the the adoption of this rule. under the criteria of the Regulatory Manager, Seattle ACO, as required by this If a U.S.-registered airplane subject to Flexibility Act. A final evaluation has paragraph, the Manager’s approval letter this AD is identified, the FAA estimates been prepared for this action and it is must specifically reference this AD. that removal of the IFE system, which contained in the Rules Docket. A copy (2) Modify the IFE system installed by STC is provided as one option for of it may be obtained from the Rules SA5765NM or STC SA5978NM to provide compliance with this AD, will take Docket at the location provided under the flight crew or cabin crew with a means of removing electrical power from the IFE approximately 12 work hours per the caption ADDRESSES. airplane, at an average labor rate of $60 system equipment and wiring during a non- per work hour. Based on these figures, List of Subjects in 14 CFR Part 39 normal or emergency situation involving smoke or fire on the flight deck or in the the cost impact of this AD on an affected Air transportation, Aircraft, Aviation passenger cabin. Do this modification by a airplane is estimated to be $720 per safety, Safety. method approved by the Manager, Seattle airplane. Adoption of the Amendment ACO. For a modification to be approved by In lieu of removing the IFE system, the Manager, Seattle ACO, as required by this this AD provides for modification of the Accordingly, pursuant to the paragraph, the Manager’s approval letter IFE system. Since we have not yet authority delegated to me by the must specifically reference this AD. approved any such modification, we do Administrator, the Federal Aviation Note 2: Depending on the method of not know what the cost impact would Administration amends part 39 of the modification, as part of the requirements of be. However, based on the estimates for Federal Aviation Regulations (14 CFR paragraph (a)(2) of this AD, it may be modification of another IFE system part 39) as follows: necessary to revise the FAA-approved installed on Model 767–300 series Airplane Flight Manual and cabin crew PART 39—AIRWORTHINESS procedures to provide the airplane crew with airplanes, if a U.S.-registered airplane information regarding the use of the power subject to this AD is identified, we DIRECTIVES switch or other controls installed during the estimate that it will take approximately 1. The authority citation for part 39 modification. Such revision to the AFM and 50 work hours per airplane to continues to read as follows: cabin crew procedures, if necessary, is accomplish the modification, at an considered part of the modification and must average labor rate of $60 per work hour. Authority: 49 U.S.C. 106(g), 40113, 44701. be submitted for approval by the Manager, Seattle ACO, along with the method of The cost of required parts is unknown. § 39.13 [Amended] Based on these figures, we estimate the modification. 2. Section 39.13 is amended by labor required for such a modification Spares on an affected airplane to be $3,000 per adding the following new airworthiness directive: (b) As of the effective date of this AD, no airplane. person shall install an IFE system in The cost impact figures discussed in 2001–16–17 Boeing: Amendment 39–12386. accordance with STC SA5765NM or most AD actions are based on Docket 2000–NM–232–AD. SA5978NM on any airplane, unless the IFE assumptions that no operator has yet Applicability: Model 767–300 series system is modified per paragraph (a)(2) of accomplished any of the requirements, airplanes modified by supplemental type this AD. certificate (STC) SA5765NM or SA5978NM, and that no operator would accomplish Alternative Methods of Compliance those actions in the future if the AD certificated in any category. were not adopted. The cost impact Note 1: This AD applies to each airplane (c) An alternative method of compliance or identified in the preceding applicability adjustment of the compliance time that figures discussed in AD rulemaking provides an acceptable level of safety may be actions represent only the time provision, regardless of whether it has been otherwise modified, altered, or repaired in used if approved by the Manager, Seattle necessary to perform the specific actions the area subject to the requirements of this ACO. Operators shall submit their requests actually required by the AD. These AD. For airplanes that have been modified, through an appropriate FAA Principal figures typically do not include altered, or repaired so that the performance Maintenance Inspector, who may add incidental costs, such as the time of the requirements of this AD is affected, the comments and then send it to the Manager, required to gain access and close up, owner/operator must request approval for an Seattle ACO. planning time, or time necessitated by alternative method of compliance in Note 3: Information concerning the other administrative actions. accordance with paragraph (c) of this AD. existence of approved alternative methods of The request should include an assessment of compliance with this AD, if any, may be Regulatory Impact the effect of the modification, alteration, or obtained from the Seattle ACO. The regulations adopted herein will repair on the unsafe condition addressed by this AD; and, if the unsafe condition has not Special Flight Permits not have a substantial direct effect on been eliminated, the request should include (d) Special flight permits may be issued in the States, on the relationship between specific proposed actions to address it. accordance with sections 21.197 and 21.199 the national Government and the States, Compliance: Required as indicated, unless of the Federal Aviation Regulations (14 CFR or on the distribution of power and accomplished previously. 21.197 and 21.199) to operate the airplane to responsibilities among the various To prevent the inability of flight crew to a location where the requirements of this AD levels of government. Therefore, it is remove power from the in-flight can be accomplished.
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Effective Date Internet using the following address: 9- the scheduled slide deployment and the (e) This amendment becomes effective on [email protected]. Comments girt bar detached from the door sill. September 20, 2001. sent via the Internet must contain Investigation revealed that the chamfer ‘‘Docket No. 2001–NM–138–AD’’ in the was slightly out of tolerance and Issued in Renton, Washington, on August subject line and need not be submitted damage was found in the area of the 9, 2001. in triplicate. Comments sent via fax or trigger lever. The girt bar trigger end Vi L. Lipski, the Internet as attached electronic files deviated from the production drawing Manager, Transport Airplane Directorate, must be formatted in Microsoft Word 97 and the deviation was not identified Aircraft Certification Service. for Windows or ASCII text. until after the AOT had been issued. [FR Doc. 01–20584 Filed 8–15–01; 8:45 am] The service information referenced in Subsequently, it has been determined BILLING CODE 4910–13–U this AD may be obtained from Airbus that the actions specified in that AOT Industrie, Customer Services are not sufficient to identify all Directorate, 1 Rond Point Maurice defective girt bars, and a new AOT has DEPARTMENT OF TRANSPORTATION Bellonte, 31707 Blagnac Cedex, France. been issued. This information may be examined at Federal Aviation Administration Explanation of Relevant Service the FAA, Transport Airplane Information Directorate, 1601 Lind Avenue, SW., 14 CFR Part 39 Renton, Washington; or at the Office of Airbus Industrie has issued AOT [Docket No. 2001–NM–138–AD; Amendment the Federal Register, 800 North Capitol A320–52A1111, Revision 01, dated July 39–12383; AD 2001–16–14] Street, NW., suite 700, Washington, DC. 23, 2001, including Technical Disposition 959.1492/01, Issue C, dated RIN 2120–AA64 FOR FURTHER INFORMATION CONTACT: Tim Dulin, Aerospace Engineer, July 17, 2001; which describes Airworthiness Directives; Airbus Model International Branch, ANM–116, FAA, procedures for modification of the A319, A320, and A321 Series Airplanes Transport Airplane Directorate, 1601 telescopic girt bar of the escape slide/ Lind Avenue, SW., Renton, Washington raft assembly, and follow-on actions. AGENCY: Federal Aviation 98055–4056; telephone (425) 227–2141; The modification consists of rework of Administration, DOT. fax (425) 227–1149. the trigger end of the telescopic girt bar, and installation of a U-shaped ACTION: Final rule; request for SUPPLEMENTARY INFORMATION: The reinforcement section on the bar. The comments. ´ ´ Direction Generale de l’Aviation Civile follow-on actions include repetitive SUMMARY: This amendment adopts a (DGAC), which is the airworthiness inspections of the telescopic girt bar for new airworthiness directive (AD) that is authority for France, notified the FAA discrepancies (damage or corrosion), applicable to certain Airbus Model that an unsafe condition may exist on and functional tests of the telescopic girt A319, A320, and A321 series airplanes. certain Airbus Model A319, A320, and bar to ensure it does not retract when a This action requires modification of the A321 series airplanes. The DGAC measured force (34 to 45 pounds) is telescopic girt bar of the escape slide/ advises that there have been several applied. If discrepancies are found, the raft assembly, and follow-on actions. reports of the telescopic girt bar of the service bulletin describes procedures for This action is necessary to prevent slide/raft assembly detaching from the replacement of the U-shaped section or failure of the escape slide/raft to deploy door sill fittings and preventing proper rivets with new parts. correctly, which could result in the deployment of the emergency escape The DGAC classified AOT A320– slide being unusable during an slide. The telescopic girt bar is designed 52A1111, dated July 5, 2001, as emergency evacuation and consequent to be retractable and removable from the mandatory and issued French injury to passengers or airplane door sill to ensure the raft is accessible airworthiness directive 2001–275(B), crewmembers. This action is intended in an emergency evacuation. The dated July 11, 2001, in order to assure to address the identified unsafe telescopic girt bar is normally locked in the continued airworthiness of these condition. an extended position by a trigger airplanes in France. mechanism that prevents retraction DATES: Effective August 31, 2001. unless pulled. Investigation of the FAA’s Conclusions The incorporation by reference of affected girt bars revealed that the These airplane models are certain publications listed in the trigger mechanism was not operational manufactured in France and are type regulations is approved by the Director due to an incorrectly machined chamfer certificated for operation in the United of the Federal Register as of August 31, of the girt bar, which allowed the States under the provisions of section 2001. mechanism to retract and detach from 21.29 of the Federal Aviation Comments for inclusion in the Rules the door sill when opening the door. Regulations (14 CFR 21.29) and the Docket must be received on or before Such conditions, if not corrected, could applicable bilateral airworthiness September 17, 2001. result in failure of the escape slide/raft agreement. Pursuant to this bilateral ADDRESSES: Submit comments in to deploy correctly, which could result airworthiness agreement, the DGAC has triplicate to the Federal Aviation in the slide being unusable during an kept the FAA informed of the situation Administration (FAA), Transport emergency evacuation and consequent described above. The FAA has Airplane Directorate, ANM–114, injury to passengers or airplane examined the findings of the DGAC, Attention: Rules Docket No. 2001–NM– crewmembers. reviewed all available information, and 138–AD, 1601 Lind Avenue, SW., Following the incidents previously determined that AD action is necessary Renton, Washington 98055–4056. described, Airbus Industrie issued All for products of this type design that are Comments may be inspected at this Operators Telex A320–52A1110, dated certificated for operation in the United location between 9:00 a.m. and 3:00 April 11, 2001, to address the identified States. p.m., Monday through Friday, except unsafe condition. However, one report Federal holidays. Comments may be was received that, during Explanation of Requirements of Rule submitted via fax to (425) 227–1232. accomplishment of the functional test Since an unsafe condition has been Comments may also be sent via the specified in that AOT, an operator did identified that is likely to exist or
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develop on other airplanes of the same Communications shall identify the FR 11034, February 26, 1979). If it is type design registered in the United Rules Docket number and be submitted determined that this emergency States, this AD is being issued to in triplicate to the address specified regulation otherwise would be prevent failure of the escape slide/raft to under the caption ‘‘ADDRESSES.’’ All significant under DOT Regulatory deploy correctly, which could result in communications received on or before Policies and Procedures, a final the slide being unusable during an the closing date for comments will be regulatory evaluation will be prepared emergency evacuation and consequent considered, and this rule may be and placed in the Rules Docket. A copy injury to passengers or airplane amended in light of the comments of it, if filed, may be obtained from the crewmembers. This AD requires received. Factual information that Rules Docket at the location provided modification of the telescopic girt bar of supports the commenter’s ideas and under the caption ADDRESSES. the escape slide/raft assembly, and suggestions is extremely helpful in List of Subjects in 14 CFR Part 39 follow-on actions. The actions are evaluating the effectiveness of the AD required to be accomplished in action and determining whether Air transportation, Aircraft, Aviation accordance with the AOT described additional rulemaking action would be safety, Incorporation by reference, previously, except as discussed below. needed. Safety. Submit comments using the following Differences Between This AD and the format: Adoption of the Amendment AOT • Organize comments issue-by-issue. The AOT specifies performing a For example, discuss a request to Accordingly, pursuant to the ‘‘visual inspection’’ of the U-shaped change the compliance time and a authority delegated to me by the section and rivet heads of the girt bar request to change the service bulletin Administrator, the Federal Aviation within 18 months after the modification, reference as two separate issues. Administration amends part 39 of the and repeat the inspection at intervals • For each issue, state what specific Federal Aviation Regulations (14 CFR not to exceed 18 months. As the change to the AD is being requested. part 39) as follows: compliance time would allow • Include justification (e.g., reasons or data) for each request. PART 39—AIRWORTHINESS opportunity for public comment, the DIRECTIVES FAA may consider additional Comments are specifically invited on rulemaking to require these inspections. the overall regulatory, economic, Additionally, the AOT does not environmental, and energy aspects of 1. The authority citation for part 39 describe procedures for corrective the rule that might suggest a need to continues to read as follows: action if the telescopic girt bar retracts modify the rule. All comments Authority: 49 U.S.C. 106(g), 40113, 44701. when performing the functional test; submitted will be available, both before however, this AD requires replacement and after the closing date for comments, § 39.13 [Amended] of any discrepant parts with new parts in the Rules Docket for examination by and accomplishment of another interested persons. A report that 2. Section 39.13 is amended by functional test after replacement of the summarizes each FAA-public contact adding the following new airworthiness parts to ensure the girt bar does not concerned with the substance of this AD directive: retract. will be filed in the Rules Docket. 2001–16–14 Airbus Industrie: Amendment Commenters wishing the FAA to 39–12383. Docket 2001–NM–138–AD. Interim Action acknowledge receipt of their comments Applicability: Model A319, A320, and This is interim action. The submitted in response to this rule must A321 series airplanes equipped with manufacturer has advised that a new submit a self-addressed, stamped telescopic girt bars of the escape slide/raft modification is currently being postcard on which the following assembly, as listed in Airbus Industrie All developed that will positively address statement is made: ‘‘Comments to Operators Telex (AOT) A320–52A1111, the unsafe condition addressed by this Docket Number 2001–NM–138–AD.’’ Revision 01, dated July 23, 2001; certificated AD. Once that modification is The postcard will be date stamped and in any category. developed, approved, and available, the returned to the commenter. Note 1: This AD applies to each airplane identified in the preceding applicability FAA may consider additional Regulatory Impact rulemaking. provision, regardless of whether it has been The regulations adopted herein will otherwise modified, altered, or repaired in Determination of Rule’s Effective Date not have a substantial direct effect on the area subject to the requirements of this the States, on the relationship between AD. For airplanes that have been modified, Since a situation exists that requires altered, or repaired so that the performance the immediate adoption of this the national Government and the States, of the requirements of this AD is affected, the regulation, it is found that notice and or on the distribution of power and owner/operator must request approval for an opportunity for prior public comment responsibilities among the various alternative method of compliance in hereon are impracticable, and that good levels of government. Therefore, it is accordance with paragraph (b) of this AD. cause exists for making this amendment determined that this final rule does not The request should include an assessment of effective in less than 30 days. have federalism implications under the effect of the modification, alteration, or Executive Order 13132. repair on the unsafe condition addressed by Comments Invited The FAA has determined that this this AD; and, if the unsafe condition has not Although this action is in the form of regulation is an emergency regulation been eliminated, the request should include a final rule that involves requirements that must be issued immediately to specific proposed actions to address it. affecting flight safety and, thus, was not correct an unsafe condition in aircraft, Compliance: Required as indicated, unless preceded by notice and an opportunity and that it is not a ‘‘significant accomplished previously. To prevent failure of the escape slide/raft for public comment, comments are regulatory action’’ under Executive to deploy correctly, which could result in the invited on this rule. Interested persons Order 12866. It has been determined slide being unusable during an emergency are invited to comment on this rule by further that this action involves an evacuation and consequent injury to submitting such written data, views, or emergency regulation under DOT passengers or airplane crewmembers, arguments as they may desire. Regulatory Policies and Procedures (44 accomplish the following:
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Modification/Follow-On Actions Bellonte, 31707 Blagnac Cedex, France. Management company filings, Ruth (a) Within 1,500 flight hours after the Copies may be inspected at the FAA, Armfield Sanders, Senior Special effective date of this AD: Modify the Transport Airplane Directorate, 1601 Lind Counsel, or Shaswat K. Das, Senior telescopic girt bar of the escape slide/raft Avenue, SW., Renton, Washington; or at the Counsel, Division of Investment Office of the Federal Register, 800 North assembly installed on all passenger and crew Management, at (202) 942–0978; and for doors and do a functional test to ensure the Capitol Street, NW., suite 700, Washington, DC. questions concerning Corporation girt bar does not retract, per Airbus Industrie Finance company filings, Herbert AOT A320–52A1111, Revision 01, dated July Note 4: The subject of this AD is addressed 23, 2001. in French airworthiness directive 2001– Scholl, Office Chief, EDGAR and (1) If the girt bar retracts, before further 275(B) dated July 11, 2001. Information Analysis, Division of flight, replace any discrepant parts and do Corporation Finance, at (202) 942–2940. Effective Date another functional test to ensure the girt bar SUPPLEMENTARY INFORMATION: Today we does not retract, per the AOT. Repeat the (e) This amendment becomes effective on are adopting an updated EDGAR Filer functional test after that at intervals not to August 31, 2001. Manual (Filer Manual). The Filer exceed 18 months. (2) If the girt bar does not retract, repeat the Issued in Renton, Washington, on August Manual describes the technical functional test as required by paragraph (a)(1) 9, 2001. formatting requirements for the of this AD. Vi L. Lipski, preparation and submission of Note 2: Modification and follow-on actions Manager, Transport Airplane Directorate, electronic filings through the Electronic accomplished prior to the effective date of Aircraft Certification Service. Data Gathering, Analysis, and Retrieval this AD per Airbus Industrie AOT A320– [FR Doc. 01–20590 Filed 8–15–01; 8:45 am] (EDGAR) system.1 It also describes the 52A1111, dated July 5, 2001, are considered BILLING CODE 4910–13–U requirements for filing using acceptable for compliance with the modernized EDGARLink.2 applicable actions specified in this The Filer Manual contains all the amendment. SECURITIES AND EXCHANGE technical specifications for filers to Alternative Methods of Compliance COMMISSION submit filings using the new (b) An alternative method of compliance or modernized EDGAR system. Filers must adjustment of the compliance time that 17 CFR Part 232 comply with the applicable provisions provides an acceptable level of safety may be of the Filer Manual in order to assure used if approved by the Manager, [Release Nos. 33–7999; 34–44660; 35– the timely acceptance and processing of International Branch, ANM–116, FAA, 27430; 39–2391; IC–25102] filings made in electronic format.3 Filers Transport Airplane Directorate. Operators RIN 3235–AG96 should consult the Filer Manual in shall submit their requests through an conjunction with our rules governing appropriate FAA Principal Maintenance Adoption of Updated EDGAR Filer mandated electronic filing when Inspector, who may add comments and then send it to the Manager, International Branch, Manual preparing documents for electronic 4 ANM–116. submission. AGENCY: Securities and Exchange EDGAR Release 7.5.b, the most recent Note 3: Information concerning the Commission. existence of approved alternative methods of step in the Commission’s modernization compliance with this AD, if any, may be ACTION: Final rule. project, was implemented on July 30, obtained from the Manager, International 2001. The main purpose of EDGAR SUMMARY: Branch. ANM–116. The Securities and Exchange Release 7.5.b is to deploy internal Commission (the Commission) is Commission software. At the same time, Special Flight Permits adopting revisions to the EDGAR Filer as detailed below, certain corrections (c) Special flight permits may be issued in Manual to reflect updates to the EDGAR accordance with sections 21.197 and 21.199 system made in EDGAR Release 7.5.b. 1 We originally adopted the Filer Manual on April of the Federal Aviation Regulations (14 CFR The main purpose of EDGAR Release 1, 1993, with an effective date of April 26, 1993. 21.197 and 21.199) to operate the airplane to 7.5.b is to deploy internal Commission Release No. 33–6986 (Apr. 1, 1993) [58 FR 18638]. a location where the requirements of this AD software. At the same time, certain We implemented the most recent update to the Filer can be accomplished. Manual on February 2, 2001. See Release No. 33– corrections and improvements are being 7933 (January 16, 2001) [66 FR 8764]. Incorporation by Reference made to the modernized EDGARLink 2 This is the Filer Assistance software we provide (d) The actions shall be done in accordance software. The revisions to the Filer filers filing on the EDGAR system. with Airbus Industrie All Operators Telex Manual reflect these changes. In 3 See Rule 301 of Regulation S–T (17 CFR A320–52A1111, Revision 01, dated July 23, addition, since the Commission has 232.301). 4 2001, including Airbus Industrie Technical See Release Nos. 33–6977 (Feb. 23, 1993) [58 FR retired the Legacy EDGARLink software, 14628], IC–19284 (Feb. 23, 1993) [58 FR 14848], 35– Disposition 959.1492/01, Issue C, dated July the Commission is eliminating Volume 25746 (Feb. 23, 1993) [58 FR 14999], and 33–6980 17, 2001. All Operators Telex A320–52A1111 I of the manual, which governed the (Feb. 23, 1993) [58 FR 15009] in which we contains the following list of effective pages: Legacy EDGAR system, and is comprehensively discuss the rules we adopted to renumbering the remaining two govern mandated electronic filing. See also Release Revision No. 33–7122 (Dec. 19, 1994) [59 FR 67752], in level Date shown on volumes. The updated manual will be which we made the EDGAR rules final and Page number shown page incorporated by reference into the Code applicable to all domestic registrants; Release No. on page of Federal Regulations. 33–7427 (July 1, 1997) [62 FR 36450], in which we adopted minor amendments to the EDGAR rules; EFFECTIVE DATE: August 16, 2001. The 1–4 ...... 01 July 23, 2001. Release No. 33–7472 (Oct. 24, 1997) [62 FR 58647], incorporation by reference of the in which we announced that, as of January 1, 1998, Technical Disposition 959.1492/01 EDGAR Filer Manual is approved by the we would not accept in paper filings that we 1–4 ...... C July 17, 2001. require filers to submit electronically; Release No. Director of the Federal Register as of 34–40934 (Jan. 12, 1999) [64 FR 2843], in which we August 16, 2001. This incorporation by reference was made mandatory the electronic filing of Form 13F; FOR FURTHER INFORMATION CONTACT: In Release No. 33–7684 (May 17, 1999) [64 FR 27888], approved by the Director of the Federal in which we adopted amendments to implement Register in accordance with 5 U.S.C. 552(a) the Office of Information Technology, the first stage of EDGAR modernization; Release No. and 1 CFR part 51. Copies may be obtained Richard Heroux at (202) 942–8800; for 33–7855 (April 24, 2000) [65 FR 24788], in which from Airbus Industrie, 1 Rond Point Maurice questions concerning Investment we implemented EDGAR Release 7.0.
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and improvements are being made to Register in accordance with 5 U.S.C. PART 232—REGULATION S–T— the modernized EDGARLink software. 552(a) and 1 CFR part 51. GENERAL RULES AND REGULATIONS These changes are now reflected in the You may obtain paper copies of the FOR ELECTRONIC FILINGS updated Filer Manual. updated Filer Manual at the following We have updated the template screens address: Public Reference Room, U.S. 1. The authority citation for Part 232 of the EDGARLink software. Certain Securities and Exchange Commission, continues to read as follows: fields have been expanded (including 450 Fifth Street, NW., Washington DC phone number and group members); Authority: 15 U.S.C. 77f, 77g, 77h, 77j, 20549–0102. We will post electronic redundant and unnecessary fields have 77s(a), 77sss(a), 78c(b), 78l, 78m, 78n, 78o(d), format copies on the Commission’s Web been removed; and validation of some 78w(a), 78ll(d), 79t(a), 80a–8, 80a–29, 80a–30 Site; the address for the Filer Manual is template fields has been improved. The and 80a–37.
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DEPARTMENT OF JUSTICE Schedule IV controlled substances. The any other dichloralphenazone product first sentence of 21 CFR 1308.14(c) has been misused, abused or diverted. Drug Enforcement Administration states that the category of Schedule IV The DEA received a formal request from depressants includes ‘‘any material, Elan Pharmaceuticals for an exemption 21 CFR Part 1308 compound, mixture, or preparation for Midrin as an exempt non-narcotic which contains any quantity of’’ the prescription product. That request will [DEA–209F] substances listed in the section. Since be evaluated according to 21 CFR RIN 1117–AA59 dichloralphenazone is a compound 1308.31. containing chloral hydrate, it is likewise The DEA is aware that Schedule of Controlled Substances: a Schedule IV depressant. dichloralphenazone and products Placement of Dichloralphenazone Into Since dichloralphenazone has not containing this substance have not been Schedule IV been recognized as a compound identified or treated as controlled containing chloral hydrate and substances. The determination that AGENCY: Drug Enforcement confusion has existed with regard to its dichloralphenazone is a controlled Administration (DEA), Department of control status, the DEA published a substance is based, in part, on its status Justice. proposed rule in the Federal Register on as a compound containing chloral ACTION: Final rule. December 11, 2000 (65 FR 77328) to hydrate. In addition, numerous drug expressly list dichloralphenazone as a abuse emergency room episodes have SUMMARY: With the issuance of this final Schedule IV depressant. This proposed involved Midrin. The DEA has made rule, the Acting Administrator of the rule provided 60 days for comments. every effort to reduce any confusion on DEA specifically lists the substance the part of handlers of Were There Any Comments Regarding dichloralphenazone, including its salts, dichloralphenazone or products the Proposed Rule? isomers, and salts of isomers in containing this substance and chose to Schedule IV of the Controlled The DEA received two comments expressly list this substance in order to Substances Act (CSA, 21 U.S.C. 801 et regarding the proposal. The Healthcare eliminate confusion. The DEA invites seq.). As a result of this rule, the Distribution Management Association any other company to submit a formal regulatory controls and criminal (formerly the National Wholesale request for an exemption from Schedule sanctions of Schedule IV will be Druggists’ Association), whose members IV regulation for any applicable to the manufacture, operate over 200 distribution centers dichloralphenazone product. The data distribution, dispensing, importation throughout the U.S., requested an submitted under 21 CFR 1308.31 are and exportation of dichloralphenazone additional 30 days from the date of evaluated to determine if such an and products containing publication of this final rule to comply exemption is warranted. dichloralphenazone. with security, inventory, recordkeeping and reporting, and importing and What Regulatory Requirements Will Be EFFECTIVE DATE: Effective August 16, Applied to Handlers of 2001. exporting requirements for the handling of dichloralphenazone. They felt that Dichoralphenazone? FOR FURTHER INFORMATION CONTACT: moving dichloralphenazone from an Persons who manufacture, distribute, Frank Sapienza, Chief, Drug and uncontrolled status to a controlled dispense, import, export, store or engage Chemical Evaluation Section, Drug status required system and operational in research with dichloralphenazone Enforcement Administration, changes that could not be implemented must comply with the following Washington, DC 20537, (202) 307–7183. immediately upon publication of this regulatory requirements: SUPPLEMENTARY INFORMATION: final rule. The DEA has no objection to 1. Registration. Any person who the additional 30 days and is manufactures, distributes, dispenses, What Is Dichloralphenazone? incorporating this change into this final imports or exports dichloralphenazone Dichloralphenazone (also known as rule. or engages in research or conducts dichloralantipyrine) is a compound Elan Pharmaceuticals, manufacturer instructional activities or chemical containing two molecules of chloral of Midrin (a prescription product analysis with respect to this preparation hydrate (2,2,2-trichloro-1,1-ethanediol) containing isometheptene, must be registered to conduct such and one molecule of phenazone (1,2- dichloralphenazone and acetaminophen activities in accordance with 21 CFR dihydro-1,5-dimethyl-2-phenyl-3H- marketed in the U.S. for over 30 years) part 1301. Any person who is currently pyrazol-3-one); CAS No. 480–30–8. commented that federal and state engaged in any of the above activities Dichloralphenazone is a sedative authorities have not regulated must submit an application for typically used in combination with dichloralphenazone as a Schedule IV registration by September 17, 2001 and isometheptene mucate and substance, physicians and pharmacists may continue their activities until the acetaminophen in formulating have not treated Midrin as a controlled DEA has approved or denied that prescription pharmaceuticals for the drug product and major drug application. relief of tension and vascular headaches. compendiums (Physician’s Desk 2. Disposal of stocks. Any person who When dichloralphenazone is Reference, Merck Index, Drug Facts and elects not to obtain a Schedule IV administered or placed in an aqueous Comparisons) have not identified registration or is not entitled to such solution (a liquid preparation of any dichloralphenazone or Midrin as a registration must surrender all substance dissolved in water) it controlled substance. In addition they quantities of currently held dissociates to form chloral hydrate and noted that the DEA interpretation that dichloralphenazone in accordance with phenazone. Midrin is a scheduled drug would procedures outlined in 21 CFR 1307.21 likely affect prescribing practices and on or before September 17, 2001, or may Why Is DEA Issuing This Rulemaking? raise DEA registration, labeling, transfer all quantities of currently held Schedule IV controlled substances are recordkeeping and reporting issues and dichloralphenazone to a person listed in 21 CFR 1308.14. Section create confusion among practitioners registered under the CSA and 1308.14(c) lists 49 depressants, and patients. Further, Elan poses that authorized to possess Schedule IV including chloral hydrate, that are there is little evidence that Midrin or control substances on or before
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September 17, 2001. drafted in a manner consistent with the Plain Language Instructions Dichloralphenazone to be surrendered principles of the Regulatory Flexibility The Drug Enforcement to DEA must be listed on a DEA Form Act (5 U.S.C. 601 et seq.). It will not Administration makes every effort to 41, ‘‘Inventory of Controlled Substances have a significant economic impact on write clearly. If you have suggestions as Surrendered for Destruction.’’ DEA a substantial number of small business to how to improve the clarity of this Form 41 and instructions can be entities. Most handlers of regulation, call or write Patricia M. obtained from the nearest DEA office. dichloralphenazone or prescription Good, Chief, Liaison and Policy Section, 3. Security. Dichloralphenazone must products containing this substance are Office of Diversion Control, Drug be manufactured, distributed and stored already registered to handle controlled Enforcement Administration, in accordance with 21 CFR 1301.71, substances and are subject to the Washington, DC 20537, telephone (202) 1301.72(b), (c), and (d), 1301.73, regulatory requirements of the CSA. 307–7297. 1301.74, 1301.75(b) and (c) and 1301.76 Executive Order 12866 after September 17, 2001. List of Subjects in 21 CFR Part 1308 4. Labeling and packaging. All The Acting Administrator further Administrative practice and commercial containers of certifies that this rulemaking has been procedure, Drug traffic control, dichloralphenazone that are packaged drafted in accordance with the Narcotics, Prescription drugs. on or after February 12, 2002 must have principles in Executive Order 12866 Under the authority vested in the the appropriate Schedule IV labeling section 1(b). DEA has determined that Attorney General by section 201(a) of and packaging as required by 21 CFR this is not a significant rulemaking the CSA [21 U.S.C. 811(a)], and 1302.03–1302.07. Commercial action. Therefore, this action has not delegated to the Administrator of the containers of dichloralphenazone been reviewed by the Office of DEA by the Department of Justice packaged before February 12, 2002 and Management and Budget. regulations (21 CFR 0.100), the Acting not meeting the requirements specified Administrator hereby rules that 21 CFR in 21 CFR 1302.03–1302.07 may be Executive Order 12988 part 1308 be amended as follows: distributed until May 13, 2002. On and This regulation meets the applicable after May 13, 2002 all commercial standards set forth in Sections 3(a) and PART 1308—[AMENDED] containers of dichloralphenazone must 3(b)(2) of Executive Order 12988 Civil bear the CIV labels as specified in 21 Justice Reform. 1. The authority citation for 21 CFR CFR 1302.03–1032.07. part 1308 continues to read as follows: 5. Inventory. Registrants possessing Executive Order 13132 Authority: 21 U.S.C. 811, 812, 871(b) dichloralphenazone are required to take This rulemaking does not preempt or unless otherwise noted. inventories pursuant to 21 CFR 1304.03, modify any provision of state law; nor 2. Section 1308.14 is amended by 1304.04 and 1304.11 after September 17, does it impose enforcement 2001. redesignating the existing paragraphs responsibilities on any state; nor does it (c)(15) through (c)(49) as (c)(16) through 6. Records. All registrants must keep diminish the power of any state to records pursuant to 21 CFR 1304.03, (c)(50) and by adding a new paragraph enforce its own laws. Accordingly, this (c)(15) to read as follows: 1304.04 and 1304.21–1304.23 after rulemaking does not have federalism September 17, 2001. implications warranting the application § 1308.14 Schedule IV. 7. Prescriptions. All prescriptions for of Executive Order 13132. * * * * * dichloralphenazone or prescriptions for (c) * * * products containing dichloralphenazone Unfunded Mandates Reform Act of 1995 (15) Dichloralphenazone—2467. or prescriptions for products containing This rule will not result in the * * * * * dichloralphenazone are to be issued expenditure by State, local, and tribal pursuant to 21 CFR 1306.03–1306.06 governments, in the aggregate, or by the Dated: August 3, 2001. and 1306.21–1306.26. All prescriptions private sector, of $100,000,000 or more William B. Simpkins, for dichloralphenazone or products in any one year, and will not Acting Administrator. containing dichloralphenazone issued significantly or uniquely affect small [FR Doc. 01–20579 Filed 8–15–01; 8:45 am] on or before October 15, 2001, if governments. Therefore, no actions were BILLING CODE 4410–09–M authorized for refilling, shall, as of that deemed necessary under the provisions date, be limited to five refills and shall of the Unfunded Mandates Reform Act not be refilled after February 12, 2002. of 1995. DEPARTMENT OF JUSTICE 8. Importation and Exportation. All importation and exportation of Small Business Regulatory Enforcement Drug Enforcement Administration dichloralphenazone shall be in Fairness Act of 1996 compliance with 21 CFR part 1312 after This rule is not a major rule as 21 CFR Part 1310 September 17, 2001. defined by Section 804 of the Small [DEA–156FF] 9. Criminal Liability. Any activity Business Regulatory Enforcement with dichloralphenazone not authorized Fairness Act of 1996. This rule will not RIN #1117–AA43 by, or in violation of, the CSA or the result in an annual effect on the Listed Chemicals; Establishment of Controlled Substances Import and economy of $100,000,000 or more; a Export Act shall be unlawful on or after Non-Regulated Transactions in major increase in costs or prices; or Anhydrous Hydrogen Chloride August 16, 2001, except as authorized in significant adverse effects on this rule. competition, employment, investment, AGENCY: Drug Enforcement Regulatory Certifications productivity, innovation, or on the Administration (DEA), Justice. ability of United States-based ACTION: Final rule confirmation. Regulatory Flexibility Act companies to compete with foreign- The Acting Administrator hereby based companies in domestic and SUMMARY: Effective October 3, 1996, the certifies that this rulemaking has been export markets. Comprehensive Methamphetamine
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Control Act of 1996 (MCA) had the gas. Therefore, sometimes anhydrous liquid only in large containers. The practical effect of directing the DEA to hydrogen chloride is referred to as average payload of a rail car is place domestic controls on anhydrous hydrogen chloride gas or hydrochloric approximately 135,000 pounds. The hydrogen chloride. Previously, exports gas. capacity for tank trucks is of the listed chemical hydrochloric acid When the atmospheric pressure is approximately 12,000 to 30,000 pounds. (including anhydrous hydrogen increased and/or the temperature is These shipments are in single chloride, referred to in the MCA as decreased, anhydrous hydrogen containers holding the specified hydrochloric gas, which is a form of chloride can change from a gas to a weights. Specialized equipment and hydrogen chloride) were already liquid. This is sometimes referred to as engineering skills are needed to off-load regulated pursuant to 21 CFR 1310. A refrigerated hydrogen chloride. this commodity. Distributors are aware domestic threshold of zero (0.0 Refrigerated hydrogen chloride is the of their customers and are involved in kilograms) for anhydrous hydrogen same as anhydrous hydrogen chloride tracking shipments. The DEA believes chloride became effective September 1, although the physical state has been that anhydrous hydrogen chloride in 2000, by a Final Rule published on changed from a gas to a liquid. this form and in these quantities is not August 2, 2000 (65 FR 47309). B. What Is DEA Doing in this likely to be diverted. DEA has not identified any shipment Although the threshold for anhydrous Rulemaking? hydrogen chloride is established at 0.0 of refrigerated anhydrous hydrogen kilogram, DEA has concluded that The DEA is finalizing the interim chloride less than the tank truck size of certain transactions in anhydrous portion of the Final Rule ‘‘Listed approximately 12,000 pounds. hydrogen chloride are not sources for Chemicals; Final Establishment of Therefore, domestic distributions of diversion. The Final Rule establishing a Thresholds for Iodine and Hydrochloric anhydrous hydrogen chloride in single zero threshold for anhydrous hydrogen Gas (Anhydrous Hydrogen Chloride),’’ container shipments of 12,000 pounds chloride also provided exemption, on an published on August 2, 2000 (65 FR (net weight) or more will be excluded interim basis, from the recordkeeping 47309). That rulemaking provided that from the definition of regulated and reporting requirements for: (1) there would be a zero threshold for transaction. Transactions that involve Domestic transactions involving domestic transactions involving multiple containers, each containing pipeline distributions; and (2) domestic anhydrous hydrogen chloride. However, less than 12,000 pounds of the chemical distributions of 12,000 pounds (net it also provided an exemption, on an are regulated transactions even if the interim basis, from the recordkeeping weight) or more in a single container. aggregate weight is over 12,000 pounds. and reporting requirements for Because these exemptions were not transactions of anhydrous hydrogen D. Comments Received discussed in the Notice of Proposed chloride involving pipeline The DEA received two comments on Rulemaking published on September 30, distributions and distributions of 12,000 the exemption of certain transactions of 1997 (62 FR 51072), DEA requested pounds (net weight) or more in a single anhydrous hydrogen chloride. Both public comment with respect to the container. That is, two new paragraphs favored the exemptions as written. One exemption for these two types of were added to Title 21 Section 1310.08 comment supports the exempt transactions involving anhydrous to exclude these types of transactions categories because of technological hydrogen chloride. The period for from the definition of regulated restraints that prevent diversion from public comment closed on September 1, transactions. Although the exemption these sources. The other comment states 2000. Two comments were received for these categories became effective that these exemptions are in concert supporting these exemptions. This upon publication in the Federal with DEA’s desire to control sales of publication finalizes the interim rule Register, the DEA sought public cylinders that are used in illicit without change. comment on these exemptions. methamphetamine production. EFFECTIVE DATE: The final rule published The DEA will finalize the interim rule at 65 FR 47309 remains effective as of C. Why Is DEA Exempting These without change to exempt the following August 2, 2000. Categories of Transactions categories of transactions involving FOR FURTHER INFORMATION CONTACT: The CSA authorizes DEA, pursuant to anhydrous hydrogen chloride: (1) Frank Sapienza, Chief, Drug and 21 U.S.C. 802(39)(A)(iii), to remove Domestic distribution of anhydrous Chemical Evaluation Section, Office of certain transactions in listed chemicals hydrogen chloride weighing 12,000 Diversion Control, Drug Enforcement from the definition of regulated pounds (net weight) or more in a single Administration, Washington, DC 20537, transaction. DEA has determined that container; and (2) Domestic distribution Telephone (202) 307–7183. transactions in anhydrous hydrogen of anhydrous hydrogen chloride by SUPPLEMENTARY INFORMATION: chloride in the form of refrigerated pipeline. Therefore, the interim rule liquid and transactions involving the amending 21 CFR Part 1310, which was A. What Is Anhydrous Hydrogen direct transfer of anhydrous hydrogen published in the Federal Register on Chloride? chloride by pipeline are unlikely August 2, 2000, at 65 FR 47309 is Anhydrous hydrogen chloride is the sources for diversion and should be adopted as a final rule. water free form of hydrochloric acid and removed from the definition of is a List II chemical under the regulated transaction. DEA became Regulatory Flexibility and Small Controlled Substances Act (CSA). The aware of these types of transactions by Business Concerns statutory term ‘‘hydrochloric gas’’ used the comments received in response to This regulation will not have a in the MCA refers to a form of hydrogen the Federal Register proposal to significant economic impact upon a chloride more properly called establish thresholds for iodine and substantial number of small entities that anhydrous hydrogen chloride. anhydrous hydrogen chloride (62 FR trade in anhydrous hydrogen chloride. Anhydrous hydrogen chloride is 51072). This Final Rule excludes from the hydrogen chloride that is free from To better evaluate this request, DEA definition of ‘‘regulated transaction’’ water. At ambient temperature and collected additional information from domestic transactions involving normal atmospheric pressure, the affected industry. DEA learned that anhydrous hydrogen chloride in bulk anhydrous hydrogen chloride exists as a rail and truck carriers ship refrigerated quantities of 12,000 pounds (net weight)
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or more and domestic distribution made to warrant the preparation of a available for inspection or copying at by pipeline. Federalism Assessment. U.S. Coast Guard Marine Safety Office The Administrator in accordance with Milwaukee, 2420 South Lincoln Executive Order 12988 the Regulatory Flexibility Act (5 U.S.C. Memorial Drive, Milwaukee, WI 53207 605(b)), has reviewed this regulation This regulation meets the applicable between 7 a.m. and 3:30 p.m., Monday and by approving it certifies that this standards set forth in Sections 3(a) and through Friday, except Federal holidays. regulation will not have a significant 3(b)(2) of Executive Order 12988 Civil economic impact upon a substantial Justice Reform. FOR FURTHER INFORMATION CONTACT: number of small entities for the LCDR Timothy Sickler, Port Operations Plain Language Instructions following reasons: This Rulemaking Chief, Marine Safety Office Milwaukee, removes recordkeeping and reporting The Drug Enforcement 2420 South Lincoln Memorial Drive, requirements for certain transactions in Administration makes every effort to Milwaukee, WI 53207. The phone anhydrous hydrogen chloride. This write clearly. If you have suggestions as number is (414) 747–7155. action is being taken in response to to how to improve the clarity of this SUPPLEMENTARY INFORMATION: industry’s request to relieve them of regulation, call or write Patricia M. regulatory burdens. Good, Chief, Liaison and Policy Section, Regulatory Information Drug Enforcement Administration, We did not publish a notice of Executive Order 12866 Office of Diversion Control, proposed rulemaking (NPRM) for this This regulation has been drafted and Washington, DC 20537, Telephone (202) regulation. Under 5 U.S.C. 553(b)(B), the reviewed in accordance with Executive 307–7297. Coast Guard finds that good cause exists Order 12866, Section 1(b), Principles of Therefore, DEA confirms the final rule for not publishing an NPRM. The permit Regulation. The DEA has determined with request for comment amending 21 application did not allow sufficient time that this rule is not a ‘‘significantly CFR Part 1310, which was published in for publication of an NPRM followed by regulatory action’’ under Executive the Federal Register on August 2, 2000, a temporary final rule effective 30 days Order 12866, Section 3(f), Regulatory at 65 FR 47309, without change. after publication. Any delay of the Planning and Review, and accordingly Dated: August 3, 2001. this rule has not been reviewed by the effective date of this rule would be William B. Simpkins, Office of Management and Budget. contrary to the public interest by Acting Administrator. exposing the public to the known Unfunded Mandates Reform Act of [FR Doc. 01–20578 Filed 8–15–01; 8:45 am] dangers associated with fireworks 1995 BILLING CODE 4410–09–M displays and the possible loss of life, This rule will not result in the injury, and damage to property. expenditure by State, local, and tribal Background and Purpose governments, in the aggregate, or by the DEPARTMENT OF TRANSPORTATION private sector, of $100,000,000 or more This safety zone is established to in any one year, and will not Coast Guard safeguard the public from the hazards significantly or uniquely affect small associated with launching of fireworks governments. Therefore, no actions were 33 CFR Part 165 from Harbor Island in the outer deemed necessary under the provisions [CGD09–01–110] Milwaukee Harbor. The size of the zone of the Unfunded Mandates Reform Act was determined by using previous of 1995. RIN 2115–AA97 experiences with fireworks displays in the Captain of the Port Milwaukee zone Small Business Regulatory Enforcement Safety Zone; Indian Summer Festival and local knowledge about wind, waves, Fairness Act of 1996 2001, Milwaukee, Wisconsin and currents in this particular area. This rule is not a major rule as AGENCY: Coast Guard, DOT. The safety zone will be in effect on defined by Section 804 of the Small ACTION: Temporary final rule. both September 7 and 8, 2001, from 9:45 Business Regulatory Enforcement p.m. until 10:45 p.m. (CST). The safety Fairness Act of 1996. This rule will not SUMMARY: The Coast Guard is zone will encompass all waters of Lake result in an annual effect on the establishing a temporary safety zone in Michigan bounded by the following economy of $100,000,000 or more; a Port Washington harbor for the Indian coordinates: from the point of origin at major increase in cost or prices; or Summer Festival 2001 fireworks 43° 02.209′N, 087° 53.714′W, southeast significant adverse effects on display. This safety zone is necessary to to 43° 02.117′N, 087° 53.417′W, south to competition, employment, investment, protect spectators and vessels from the 43° 01.767′N, 087° 53.417′W, southwest productivity, innovation, or on the hazards associated with the storage, to 43° 01.555′N, 087° 53.772′W, and ability of United States-based preparation, and launching of fireworks. then north along the shoreline back to companies to compete in domestic and This safety zone is intended to restrict the point of origin. This also includes export markets. vessel traffic from a portion of the the Harbor Island Lagoon area. Executive Order 13132 Milwaukee harbor, Milwaukee, Wisconsin. All persons and vessels shall comply This regulation will not have with the instructions of the Captain of substantial direct effects on the States, DATES: This temporary rule is effective the Port Milwaukee or his designated on on the relationship between the national from 9:45 p.m. (CST) on September 7, scene patrol personnel. Entry into, government and the States, or on 2001, until 10:15 p.m. (CST) on transiting, or anchoring within the distribution of power and September 9, 2001. safety zone is prohibited unless responsibilities among the various ADDRESSES: Comments and material authorized by the Captain of the Port levels of government. Therefore, in received from the public, as well as Milwaukee or his designated on scene accordance with Executive Order 12612, documents indicated in this preamble as representative. The Captain of the Port it is determined that this rule does not being available in the docket, are part of Milwaukee may be contacted via VHF have sufficient federalism implications docket [CGD09–01–110] and are Channel 16.
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Regulatory Evaluation Small businesses may send comments concluded that under figure 2–1, This rule is not a ‘‘significant on the actions of Federal employees paragraph (34) (g), of Commandant regulatory action’’ under section 3(f) of who enforce, or otherwise determine Instruction M16475.lC, this rule is Executive Order 12866, Regulatory compliance with, Federal regulations to categorically excluded from further Planning and Review, and does not the Small Business and Agriculture environmental documentation. require an assessment of potential costs Regulatory Enforcement Ombudsman and the Regional Small Business Indian Tribal Governments and benefits under section 6(a)(3) of that Regulatory Fairness Boards. The This rule does not have tribal Order. The Office of Management and Ombudsman evaluates these actions implications under Executive Order Budget has not reviewed it under that annually and rates each agency’s 13175, Consultation and Coordination Order. It is not ‘‘significant’’ under the responsiveness to small business. If you with Indian Tribal Governments, regulatory policies and procedures of wish to comment on actions by because it does not have a substantial the Department of Transportation (DOT) employees of the Coast Guard, call 1– direct effect on one or more Indian (44 FR 11040, February 26, 1979). 888–REG–FAIR (1–888–734–3247). tribes, on the relationship between the Small Entities Federal Government and Indian tribes, Collection of Information or on the distribution of power and Under the Regulatory Flexibility Act This rule calls for no new collection (5 U.S.C. 601–612), we considered responsibilities between the Federal of information under the Paperwork Government and Indian tribes. whether this rule would have a Reduction Act of 1995 (44 U.S.C. 3501– significant economic impact on a 3520). Energy Effects substantial number of small entities. We have analyzed this rule under The term ‘‘small entities’’ comprises Federalism Executive Order 13211, Actions small businesses, not-for-profit We have analyzed this rule under Concerning Regulations That organizations that are independently Executive Order 13132 and have Significantly Affect Energy Supply, owned and operated and are not determined that this rule does not have Distribution, or Use. We have dominant in their fields, and implications for federalism under that determined that it is not a ‘‘significant governmental jurisdictions with Order. energy action’’ under that order because populations of less than 50,000. it is not a ‘‘significant regulatory action’’ The Coast Guard certifies under 5 Unfunded Mandates Reform Act under Executive Order 12866 and is not U.S.C. 605(b) that this rule will not have The Unfunded Mandates Reform Act likely to have a significant adverse effect a significant economic impact on a of 1995 (2 U.S.C. 1531–1538) governs on the supply, distribution, or use of substantial number of small entities. the issuance of Federal regulations that energy. It has not been designated by the This rule will affect the following require unfunded mandates. An Administrator of the Office of entities: the owners or operators of unfunded mandate is a regulation that Information and Regulatory Affairs as a vessels intending to transit or anchor in requires a State, local, or tribal significant energy action. Therefore, it the vicinity of Harbor Island in government or the private sector to does not require a Statement of Energy Milwaukee’s outer harbor from 9:45 incur direct costs without the Federal Effects under Executive Order 13211. p.m. until 10:45 p.m. (CST) on both Government’s having first provided the September 7 and 8, 2001. funds to pay those unfunded mandate List of Subjects in 33 CFR Part 165 costs. This rule will not impose an This safety zone will not have a Harbors, Marine safety, Navigation unfunded mandate. significant economic impact on a (water), Reporting and recordkeeping substantial number of small entities for Taking of Private Property requirements, Security measures, and the following reasons: This rule will be Waterways. in effect for only one hour on two days This rule will not effect a taking of For the reasons discussed in the and late in the day when vessel traffic private property or otherwise have preamble, the Coast Guard amends 33 is minimal. Vessel traffic may enter or taking implications under Executive CFR part 165 as follows: transit through the safety zone with the Order 12630, Governmental Actions and permission of the Captain of the Port Interference with Constitutionally Protected Property Rights. PART 165—REGULATED NAVIGATION Milwaukee or his designated on scene AREAS AND LIMITED ACCESS AREAS representative. Before the effective Civil Justice Reform period, we will issue maritime This rule meets applicable standards 1. The authority citation for part 165 advisories widely available to users of in sections 3(a) and 3(b)(2) of Executive continues to read as follows: Port Washington harbor. Order 12988, Civil Justice Reform, to Authority: 33 U.S.C. 1231; 50 U.S.C. 191, Assistance for Small Entities minimize litigation, eliminate 33 CFR 1.05–1(g), 6.04–1, 6.04–6, 160.5; 49 ambiguity, and reduce burden. CFR 1.46. Under section 213(a) of the Small 2. From 9:45 p.m. on September 7, Business Regulatory Enforcement Protection of Children 2001, until 10:15 p.m. (CST) on Fairness Act of 1996 (Public Law 104– We have analyzed this rule under September 9, 2001, add a new 121), we offer to assist small entities in Executive Order 13045, Protection of temporary § 165.T09–990 to read as understanding the rule so that they can Children from Environmental Health follows: better evaluate its effects on them and Risks and Safety Risks. This rule is not participate in the rulemaking process. If an economically significant rule and § 165.T09–990 Safety Zone: Milwaukee the rule would affect your small does not concern an environmental risk Harbor, Milwaukee, WI. business, organization, or governmental to health or risk to safety that may (a) Location. All waters of the jurisdiction and you have questions disproportionately affect children. Milwaukee Harbor encompassed by the concerning its provisions or options for following coordinates: from the point of compliance, please contact Marine Environment origin at 43° 02.209′N, 087° 53.714′W, Safety Office Milwaukee (See The Coast Guard considered the southeast to 43° 02.117′N, 087° ADDRESSES.) environmental impact of this rule and 53.417′W, south to 43° 01.767′N, 087°
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53.417′ W, southwest to 43° 01.555′N, the City of Rossford’s Hometown safety zone is prohibited unless 087° 53.772′W, and then north along the Celebration September 1, 2001, authorized by the Captain of the Port shoreline back to the point of origin. fireworks display. This temporary safety Toledo or his designated on scene This includes the Harbor Island Lagoon zone is necessary to protect spectators representative. The Captain of the Port area. All geographic coordinates are and vessels from the hazards associated or his designated on scene North American Datum of 1983 with fireworks displays. representative may be contacted via (NAD83). DATES: This rule is effective from 2 p.m. VHF Channel 16. (b) Enforcement times and dates. This until 10 p.m. on September 1, 2001. Regulatory Evaluation section will be enforced from 9:45 p.m. ADDRESSES: Comments and material This rule is not a ‘‘significant until 10:45 p.m. on both September 7 received from the public, as well as regulatory action’’ under section 3(f) of and 8, 2001. In the event of inclement documents indicated in this preamble as Executive Order 12866, Regulatory weather, the safety zone will be being available in the docket, are part of Planning and Review, and does not enforced on September 9, 2001 from docket [CGD09–01–111] and are require an assessment of potential costs 9:15 p.m. until 10:15 p.m. available for inspection or copying at and benefits under section 6(a)(3) of that (c) Regulations. (1) The general U.S. Coast Guard Marine Safety Office Order. The Office of Management and regulations contained in 33 CFR 165.23 Toledo, 420 Madison Ave, Suite 700, Budget has not reviewed it under that apply. Toledo, Ohio, 43604 between 9:30 a.m. order. It is not ‘‘significant’’ under the (2) All persons and vessels shall and 2 p.m., Monday through Friday, regulatory policies and procedures of comply with the instructions of the except Federal holidays. Coast Guard Captain of the Port the Department of Transportation (DOT) FOR FURTHER INFORMATION CONTACT: Milwaukee or the designated on scene LT (44 FR 11040, February 26, 1979). This patrol personnel. Coast Guard patrol Herb Oertli, Chief of Port Operations, finding is based on the historical lack of personnel include commissioned, Marine Safety Office, 420 Madison Ave, vessel traffic during this time of year. Suite 700, Toledo, Ohio 43604; (419) warrant or petty officers of the U.S. Small Entities Coast Guard. Upon being hailed by a 418–6050. U.S. Coast Guard vessel via siren, radio, SUPPLEMENTARY INFORMATION: Under the Regulatory Flexibility Act (5 U.S.C. 601–612), we have considered flashing light, or other means, the Regulatory Information operator shall proceed as directed. whether this rule would have a (3) This safety zone should not We did not publish a notice of significant economic impact on a adversely effect shipping. However, proposed rulemaking (NPRM) for this substantial number of small entities. commercial vessels may request regulation. Under 5 U.S.C. 553(b)(B), the The term ‘‘small entities’’ comprises permission from the Captain of the Port Coast Guard finds that good cause exists small businesses, not-for-profit Milwaukee to enter or transit the safety for not publishing an NPRM, and, under organizations that are independently zone. Approval will be made on a case- 5 U.S.C. 553(d)(3), good cause exists for owned and operated and are not by-case basis. Requests must be in making this rule it effective less than 30 dominant in their fields, and advance and approved by the Captain of days after publication in the Federal governmental jurisdictions with the Port Milwaukee before transits will Register. The Coast Guard had populations of less than 50,000. be authorized. The Captain of the Port insufficient advance notice to publish The Coast Guard certifies under 5 Milwaukee may be contacted via U.S. an NPRM followed by a temporary final U.S.C. 605(b) that this rule will not have Coast Guard Group Milwaukee on rule. Publication of a notice of proposed a significant economic impact on a Channel 16, VHF–FM. rulemaking and delay of effective date substantial number of small entities. would be contrary to the public interest This rule will affect the following Dated: August 07, 2001. because immediate action is necessary entities, some of which may be small M.R. DeVries, to prevent possible loss of life, injury, or entities: the owners and operators of Commander, U.S. Coast Guard, Captain of damage to property. vessels intending to transit or anchor in the Port, Milwaukee, Milwaukee, Wisconsin. a portion of the Maumee River off Background and Purpose [FR Doc. 01–20636 Filed 8–15–01; 8:45 am] Rossford, Ohio. BILLING CODE 4910–15–U A temporary safety zone is necessary This safety zone will not have a to ensure the safety of spectators and significant economic impact on a vessels during the setup, loading and substantial number of small entities for DEPARTMENT OF TRANSPORTATION launching of a fireworks display in the following reasons: this rule will be conjunction with the City of Rossford’s in effect for only eight hours for one Coast Guard Hometown Celebration Fireworks. The event and vessel traffic can pass safely fireworks display will occur between 2 around the safety zone. In the event that 33 CFR Part 165 p.m. and 10 p.m. on September 1, 2001. shipping is affected by this temporary [CGD09–01–111] This safety zone will encompass all safety zone, commercial vessels may waters and the adjacent shoreline of the request permission from the Captain of RIN 2115–AA97 Maumee River, Rossford, Ohio, bounded the Port Toledo to transit through the by an arc of a circle with a 420-foot Safety Zone; Maumee River, Rossford, safety zone. radius with its center in approximate Ohio position 41°36′59″N, 083°33′59″W. The Assistance for Small Entities AGENCY: Coast Guard, DOT. Captain of the Port Toledo or his Under section 213(a) of the Small ACTION: Temporary final rule. designated on scene representative has Business Regulatory Enforcement the authority to terminate this event. Fairness Act of 1996 (Public Law 104– SUMMARY: The Coast Guard is All persons and vessels shall comply 121), we offered to assist small entities establishing a temporary safety zone on with the instructions of the Coast Guard in understanding the rule so that they the Maumee River, Rossford, Ohio. This Captain of the Port or the designated on could better evaluate its effects on them zone is intended to restrict vessels from scene patrol personnel. Entry into, and participate in the rulemaking a portion of the Maumee River during transiting, or anchoring within the process. If the rule would affect your
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small business, organization, or to health or risk to safety that may § 165.T09–987 Safety zone: Maumee River, governmental jurisdiction and you have disproportionately affect children. Toledo, Ohio. questions concerning its provisions or (a) Location. All waters and the options for compliance, please contact Environment adjacent shoreline of the Maumee River, Marine Safety Office Toledo (see The Coast Guard considered the Rossford, Ohio, bounded by the arc of ADDRESSES.) environmental impact of this rule and a circle with a 420-foot radius with its Small businesses may send comments concluded that under figure 2–1, center in approximate position ° ′ ″ ° ′ ″ on the actions of Federal employees paragraph (34)(g), of Commandant 41 36 59 N, 083 33 59 W. All who enforce, or otherwise determine Instruction M16475.lC, this rule is geographic coordinates are North compliance with, Federal regulations to categorically excluded from further American Datum of 1983 (NAD 1983). the Small Business and Agriculture environmental documentation. A (b) Effective period. This section is Regulatory Enforcement Ombudsman ‘‘Categorical Exclusion Determination’’ effective from 2 p.m. until 10 p.m., and the Regional Small Business is available in the docket for inspection September 1, 2001. Regulatory Fairness Boards. The or copying where indicated under (c) Regulations. In accordance with Ombudsman evaluates these actions ADDRESSES. the general regulations in § 165.23 of annually and rates each agency’s this part, entry into this zone is responsiveness to small business. If you Indian Tribal Governments prohibited unless authorized by the wish to comment on actions by Captain of the Port. This rule does not have tribal employees of the Coast Guard, call 1– Dated: August 6, 2001. 888–REG–FAIR (1–888–734–3247). implications under Executive Order 13175, Consultation and Coordination David L. Scott, Collection of Information with Indian Tribal Governments, Commander, U.S. Coast Guard, Captain of This rule calls for no new collection because it does not have a substantial the Port. of information under the Paperwork direct effect on one or more Indian [FR Doc. 01–20637 Filed 8–15–01; 8:45 am] Reduction Act of 1995 (44 U.S.C. 3501– tribes, on the relationship between the BILLING CODE 4910–15–U 3520). Federal Government and Indian tribes, or on the distribution of power and Federalism responsibilities between the Federal ENVIRONMENTAL PROTECTION We have analyzed this rule under Government and Indian tribes. AGENCY Executive Order 13132 and have Energy Effects determined that this rule does not have 40 CFR Part 52 implications for federalism under that We have analyzed this rule under [WI42–7306a; FRL–7029–3] Order. Executive Order 13211, Actions Unfunded Mandates Reform Act Concerning Regulations that Approval and Promulgation of State Significantly Affect Energy Supply, Implementation Plans; Wisconsin The Unfunded Mandates Reform Act Distribution, or Use. We have of 1995 (2 U.S.C. 1531–1538) governs determined that it is not a ‘‘significant AGENCY: Environmental Protection the issuance of Federal regulations that regulatory action’’ under Executive Agency (EPA). require unfunded mandates. An Order 12866 and is not likely to have a ACTION: Direct final rule. unfunded mandate is a regulation that significant adverse effect on the supply, requires a State, local, or tribal distribution, or use of energy. It has not SUMMARY: The EPA is approving a State government or the private sector to been designated by the Administrator of Implementation Plan (SIP) revision incur direct costs without the Federal the Office of Information and Regulatory submitted by the State of Wisconsin. government having first provided the Affairs as a significant energy action. This revision requires the funds to pay those costs. This rule will Therefore, it does not require a implementation of an enhanced motor not impose an unfunded mandate. statement of Energy Effects under vehicle inspection and maintenance (I/ M) program in seven counties in Taking of Private Property Executive Order 13211. southeast Wisconsin. The program This rule will not effect a taking of List of Subjects in 33 CFR Part 165 reduces air pollution from motor private property or otherwise have vehicles by identifying and requiring Harbors, Marine safety, Navigation taking implications under Executive repair of high emitting vehicles. This (water), Reporting and recordkeeping Order 12630, Governmental Actions and action is being taken under the Clean requirements, Security measures, Interference with Constitutionally Air Act (CAA). Waterways. Protected Property Rights. DATES: This ‘‘direct final’’ rule is Civil Justice Reform For the reasons discussed in the effective October 15, 2001, unless EPA preamble, the Coast Guard amends 33 receives adverse written or critical This rule meets applicable standards CFR part 165 as follows: comments by September 17, 2001. If the in sections 3(a) and 3(b)(2) of Executive rule must be withdrawn, EPA will Order 12988, Civil Justice Reform, to PART 165—REGULATED NAVIGATION publish timely notice in the Federal minimize litigation, eliminate AREAS AND LIMITED ACCESS AREAS Register. ambiguity, and reduce burden. ADDRESSES: Send written comments to: Protection of Children 1. The authority citation for part 165 continues to read as follows: Carlton T. Nash, Chief, Regulation We have analyzed this rule under Development Section, Air Programs Executive Order 13045, Protection of Authority: 33 U.S.C. 1231; 50 U.S.C. 191, Branch (A–18J), United States Children from Environmental Health 33 CFR 1.05–1(g), 6.04–6, and 160.5; 49 CFR Environmental Protection Agency, 77 1.46. Risks and Safety Risks. This rule is not West Jackson Boulevard, Chicago, an economically significant rule and 2. A new temporary § 165.T09–987 is Illinois 60604. (We recommend that you does not concern an environmental risk added as follows: telephone John Mooney at (312) 886–
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6043 before visiting the Region 5 state made changes to its I/M program, to the OBD system, instead of the Office.) the WDNR submitted additional I/M SIP tailpipe test. Wisconsin enforces the A copy of the SIP revision is available revisions to the EPA. The following list program through registration denial. for inspection at the Office of Air and contains a general description of the Radiation (OAR) Docket and contents of each supplement to III. What Are the Major Items Included Information Center (Air Docket 6102), Wisconsin’s I/M SIP. Full copies of the in This State Submittal? Room M1500, United States SIP revisions are located in EPA’s The revisions include a narrative Environmental Protection Agency, 401 docket. description of the program, copies of the M Street, S.W., Washington, D.C. 20460, —November 15, 1992—Wisconsin’s pertinent Wisconsin statutes, the WDNR (202) 260–7548. initial revision which contains the and Wisconsin Department of FOR FURTHER INFORMATION CONTACT: John general program description, program Transportation (WDOT) regulations, M. Mooney, Regulation Development elements, and submittal schedules. equipment and test specifications, Section (A–18J), Air Programs Branch, —January 15, 1993—commitments for emission factor modeling, the I/M Air and Radiation Division, United submitting additional program contract, which contains information on States Environmental Protection revisions. vehicle inspection procedures, the Agency, Region 5, 77 West Jackson —November 15, 1993—implementation quality assurance and quality control Boulevard, Chicago, Illinois 60604, schedules for I/M program. plan, technician training information, (312) 886–6043. —July 28, 1994—response to EPA’s July and a public awareness plan. SUPPLEMENTARY INFORMATION: 14, 1994 (59 FR 35883) proposed conditional approval. IV. What Are the EPA Requirements for Table of Contents —February 13, 1996—response to EPA’s Approving the Wisconsin I/M Program I. What action is EPA taking today? January 12, 1995 (60 FR 2881) and How Has the State Addressed II. What Wisconsin SIP revision is EPA Each? approving? conditional approval, includes the final, signed I/M contract (I/M III. What are the major items included in this On January 12, 1995 (60 FR 2882), contract), final versions of NR 484, state submittal? EPA approved many of the Wisconsin I/ and 485, Wiscosnsin Administrative IV. What are the EPA requirements for M program elements. At that time, approving the Wisconsin I/M program Code and the emergency rule for however, EPA could not approve the and how has the State addressed each? TRANS 131, Wisconsin entire program because the state had not V. Where is the public record and where do Administrative Code. finalized all of its I/M regulations and I send comments? —July 3, 1997—final version of TRANS had not yet signed a formal contract VI. EPA Action 131. VII. What administrative requirements did with the contractor that performs the I/ —August 11, 1998—submittal EPA consider? M inspections. Wisconsin has now addressing federal on-board A. Executive Order 12866 completed these activities and EPA has diagnostic (OBD) testing of motor B. Executive Order 13045 reviewed Wisconsin’s revised submittal vehicles. C. Executive Order 13084 to ensure that the program meets all D. Executive Order 13132 —December 30, 1998—revisions to NR aspects of the CAA and EPA’s I/M E. Executive Order 13175 485 with revised emissions cutpoints. F. Executive Order 13211 —December 22, 2000—revisions to NR regulation. The I/M program G. Regulatory Flexibility 485 authorizing the implementation requirements and the analysis of H. Unfunded Mandates of oxides of nitrogen tailpipe testing. Wisconsin’s program are summarized I. Submission to Congress and the —July 27, 2001—revisions to TRANS below: Comptroller General J. National Technology Transfer and 131 detailing final procedures for Applicability—40 CFR 51.350 Advancement Act OBD testing and performance K. Petitions for Judicial Review standard modeling. Sections 182(c)(3) of the CAA and 40 These submittals revise the Wisconsin CFR 51.350(a)(2) require states that I. What Action Is EPA Taking Today? SIP for the enhanced I/M program, contain ozone nonattainment areas, which are classified as serious or worse, EPA is approving Wisconsin’s which is required by EPA’s I/M with populations of over 200,000 to enhanced I/M plan for the Milwaukee- regulation, codified at 40 CFR part 51, implement enhanced I/M programs. In Kenosha-Racine and Sheboygan areas. subpart S—Requirements for addition, section 182(b)(4) of the CAA Wisconsin originally submitted the I/M Preparation, Adoption, and Submittal of and 40 CFR 51.530(a)(3) require states SIP to EPA on November 15, 1992, and Implementation Plans (I/M regulation). that contain moderate ozone made several supplements, dated This approval will apply to the I/M nonattainment areas, which were January 15, 1993, November 15, 1993, program that is now operating in the required to implement I/M programs July 28, 1994, February 13, 1996, July 3, state and will not require any changes prior to November 15, 1990, to upgrade 1997, August 11, 1998, December 30, to the program. Motor vehicle testing is those programs to meet the basic I/M 1998, December 22, 2000, and July 27, required in the Milwaukee-Kenosha- program requirements. 2001. Racine severe ozone nonattainment area, comprised of Kenosha, Racine, Wisconsin contains two II. What Wisconsin SIP Revision Is EPA Milwaukee, Waukesha, Ozaukee, and nonattainment areas that meet these Approving? Washington Counties, and in the criteria, the Milwaukee-Kenosha-Racine On November 15, 1992, the Wisconsin Sheboygan moderate ozone severe ozone nonattainment area and Department of Natural Resources nonattainment area (Sheboygan the Sheboygan moderate ozone (WDNR) submitted its original I/M SIP County). Wisconsin’s rules require nonattainment area. Wisconsin’s revision to the EPA. Since that time, the testing every two years, using the IM240 program covers all required areas, and state has made a number of program loaded mode, transient emission test EPA approved Wisconsin’s authorities revisions to address changes to federal using a dynamometer. Starting in July establishing program boundaries in the I/M regulations and to meet subsequent 2001, Wisconsin will test 1996 and January 1995 (60 FR 2882) approval of I/M program submittal deadlines. As the newer vehicles through a computer link the program.
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Enhanced and Basic I/M Performance program, as well as with planned Test Frequency and Convenience—40 Standards—40 CFR 51.351 and 40 CFR program changes. This demonstration CFR 51.355 51.351 assumed a 96% compliance rate, 3% The enhanced I/M performance The I/M program must be designed waiver rate, and full IM240 credits. standard assumes an annual test and implemented to meet or exceed a Wisconsin’s modeling shows that the frequency; however, other schedules minimum performance standard, which program will meet the low enhanced may be approved if the performance is expressed as emission levels in area- I/M performance standard for HC and standard is achieved. The SIP must wide average grams per mile (gpm) for NOX for all evaluation years. This part describe the test year selection scheme certain pollutants. The performance of the submittal meets the requirements and how the test frequency is integrated standards are established using local of 40 CFR 51.351 of the federal I/M into the enforcement process, and must characteristics, such as vehicle age mix regulation. include the legal authority, regulations and local fuel controls, and the Network Type and Program or contract provisions to implement and following model I/M program Evaluation—40 CFR 51.353 enforce the test frequency. The program parameters: network type, start date, test must be designed to provide convenient frequency, model year, vehicle type The enhanced program must include service to the motorist by ensuring short coverage, exhaust emission test type, an ongoing evaluation to quantify the wait times, short driving distances and emission standards, emission control emission reduction benefits of the regular testing hours. device inspection, evaporative system program, and to determine if the The Wisconsin program calls for function checks, stringency, waiver rate, program is meeting the requirements of biennial testing in a centralized, test- compliance rate and evaluation date. the CAA and the federal I/M regulation. only network. The state has included The emission levels achieved by the The SIP must include details on the this test frequency in its performance state’s program design must be program evaluation and must include a standard modeling and still meets the calculated using the most current schedule for submittal of biennial applicable standards. EPA approved this version of the EPA’s computerized evaluation reports, data from a state program element in the January 1995 mobile source emission factor model at monitored or administered mass approval of the program. the time of submittal, MOBILE5a. Areas emission test of at least 0.1% of the Vehicle Coverage—40 CFR 51.356 must meet the performance standard for vehicles subject to inspection each year, the pollutants which cause them to be description of the sampling The performance standard for subject to enhanced I/M requirements. methodology, the data collection and enhanced I/M programs assumes In the case of ozone nonattainment analysis system and the legal authority coverage of all 1968 and later model areas, the performance standard must be enabling the evaluation program. years light duty vehicles and light duty met for both nitrogen oxides (NOX) and Wisconsin operates a centralized I/M trucks up to 8,500 pounds gross vehicle hydrocarbons (HC). Since the program and has made all necessary weight rating (GVWR), and includes Milwaukee-Kenosha-Racine area is a commitments and schedules for vehicles operating on all fuel types. severe ozone nonattainment area, program evaluation. EPA approved Other levels of coverage may be Wisconsin must meet the enhanced I/M these program elements in the January approved if the necessary emission performance standard for HC and NOX. 1995 approval of the program. reductions are achieved. Vehicles The state must meet the basic I/M Adequate Tools and Resources—40 CFR registered or required to be registered performance standard for the Sheboygan 51.354 within the I/M program area boundaries moderate ozone nonattainment area. and fleets primarily operated within the The Wisconsin submittal includes a The federal I/M regulation requires I/M program area boundaries and MOBILE5a analysis with the following Wisconsin to demonstrate that adequate belonging to the covered model year and program design parameters: funding of the program is available. A vehicle classes comprise the subject Network type—Test only portion of the test fee or separately vehicles. Fleets may be officially Start date—1984 assessed per vehicle fee must be inspected outside of the normal I/M Test frequency—biennial collected, placed in a dedicated fund program test facilities, if such Model year/vehicle type coverage—1968 and used to finance the program. alternatives are approved by the and newer, light and heavy duty, Alternative funding approaches are program administration, but must be gasoline acceptable if it is demonstrated that the subject to the same test requirements Exhaust emission test type—IM240 funding can be maintained. Reliance on using the same quality control standards Emission standards—1968–1986 = 1.2 funding from the state or local General as non-fleet vehicles and must be HC, 20.0 CO, 3.0 NOX 1987 and newer Fund is not acceptable unless doing inspected in the same type of test = 0.8 HC, 15 CO, 2.0 NOX otherwise would be a violation of the network as other vehicles in the state, Emission control device check—yes state’s constitution. The SIP must according to the requirements of 40 CFR Evaporative system function checks— include a detailed budget plan that 51.353(a). gas cap only describes the source of funds for The federal I/M regulation requires Stringency (pre-1981 failure rate)—N/A personnel, program administration, that the SIP include the legal authority Waiver rate—3% program enforcement, and purchase of or rule necessary to implement and Compliance rate—96% equipment. The SIP must also detail the enforce the vehicle coverage Evaluation date(s)—2000, 2003, 2006, number of personnel dedicated to the requirement, a detailed description of and 2008 quality assurance program, data the number and types of vehicles to be Wisconsin has submitted modeling analysis, program administration, covered by the program and a plan for demonstrations using the EPA computer enforcement, public education and how those vehicles are to be identified, model MOBILE5a showing that the low assistance and other necessary including vehicles that are routinely enhanced performance standard functions. operated in the area but may not be reductions will be met in 2000, 2003, EPA approved this program element registered in the area, and a description 2006, and 2008, (the years required by in the January 1995 approval of the of any special exemptions, including the EPA’s I/M regulation) with the existing program. percentage and number of vehicles to be
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impacted by the exemption. Such These new requirements provide maintenance. This part of the submittal exemptions must be accounted for in detailed procedures and pass/fail meets the requirements of 40 CFR the analysis of the program’s potential standards for performing tests on OBD 51.359 of the federal I/M regulation. emission reduction. equipped vehicles as a replacement to Waivers and Compliance Via Diagnostic The Wisconsin program tests 1968 the tailpipe test. and newer light and heavy duty gasoline Wisconsin submitted its test Inspection—40 CFR 51.360 vehicles. Legal authority is provided in procedures to EPA in its February 16, The federal I/M regulation allows for section 110.20(6)(a) of the Wisconsin 1996, July 3, 1997, and July 27, 2001 the issuance of a waiver, which is a Statutes and TRANS 131.03(2). In the submittals. Test procedures and form of compliance with the program July 3, 1997 submittal letter, Wisconsin standards are specified in: (1) Section requirements that allows a motorist to provides an estimate of covered C.7.b of the final I/M contract; (2) comply without meeting the applicable vehicles, the methods for identifying TRANS 131.03(4)–(9); and (3) NR test standards. An expenditure of at covered vehicles, and a description of 485.04. The OBD test procedures are least $450 in repairs, adjusted annually exempted vehicles. The MOBILE5a contained in TRANS 131.03(6)(d). This to reflect the change in the Consumer modeling uses this data in making the part of the rule contains detailed Price Index (CPI) as compared to the CPI performance standard demonstration. procedures for connecting to the OBD for 1989, is required in order to qualify Starting in July 2001, Wisconsin will system in 1996 and newer vehicles, for a waiver in enhanced I/M areas. An exempt 1996 and newer model year information on readiness codes for OBD expenditure of at least $75 for pre-1981 vehicles from the tailpipe portion of the tests, and pass/fail standards for OBD vehicles and $200 for 1981 and newer emissions test. Instead, Wisconsin will equipped vehicles. This part of the vehicles is required in order to qualify perform an inspection of the OBD submittal meets the requirements of 40 for a waiver in basic I/M areas. Waivers systems on these vehicles. This is CFR 51.357 of the federal I/M can only be issued after a vehicle has consistent with recent changes to 40 regulation. failed a retest performed after all CFR 51.356 that EPA published on April qualifying repairs have been made. Any Test Equipment—40 CFR 51.358 5, 2001 (66 FR 18156). This part of the available warranty coverage must be submittal meets the requirements of 40 Computerized test systems are used to obtain repairs before CFR 51.356. required for performing any expenditures can be counted toward the Federally owned vehicles operated in measurement on subject vehicles. The cost limit. Tampering related repairs Wisconsin are required to meet the same federal I/M regulation requires that the must not be applied toward the cost requirements as Wisconsin registered state SIP submittal include written limit. Repairs must be appropriate to the vehicles. However, EPA is not requiring technical specifications for all test cause of the test failure. Repairs for 1980 states to implement 40 CFR 51.356(a)(4) equipment used in the program. The and newer model year vehicles must be dealing with federal installations within specifications must describe the performed by a recognized repair I/M areas at this time. The Department emission analysis process, the necessary technician. The federal regulation of Justice has recommended to EPA that test equipment, the required features, allows for compliance via a diagnostic this regulation be revised since it and written acceptance testing criteria inspection after failing a retest on appears to grant states authority to and procedures. emissions and requires quality control regulate federal installations in Wisconsin provides the technical of waiver issuance. The SIP must set a circumstances where the federal specifications for program test maximum waiver rate and must government has not waived sovereign equipment in section C.4 of the I/M describe corrective action that would be immunity. It would not be appropriate contract and in TRANS 131.12(2). These taken if the waiver rate exceeds that to require compliance with this requirements mirror EPA’s requirements committed to in the SIP. regulation if it is not constitutionally and guidance on test equipment Wisconsin establishes waiver limits in authorized. EPA will be revising this specifications. This part of the submittal section 110.20(13) of the Wisconsin provision in the future and will review meets the requirements of 40 CFR Statutes and in NR 485.045(1). This state I/M SIPs with respect to this issue 51.358 of the federal I/M regulation. regulation requires an expenditure of at when this new rule is final. Therefore, least $75 for pre-1981 vehicles and $200 for these reasons, EPA is not proposing Quality Control—40 CFR 51.359 for 1981 and newer vehicles is required approval or disapproval of the specific Quality control measures must ensure in order to qualify for a waiver in requirements which apply to federal that emission measurement equipment Sheboygan County and an expenditure facilities at this time. is calibrated and maintained properly of at least $450 in repairs, adjusted and that inspection, calibration records, annually to reflect the change in the Test Procedures and Standards—40 and control charts are accurately Consumer Price Index (CPI) as CFR 51.357 created, recorded and maintained. compared to the CPI for 1989, as Written test procedures and pass/fail Wisconsin’s quality control established by the EPA, for the standards must be established and requirements are specified in section remaining I/M counties. Wisconsin is followed for each model year and C.7.g of the I/M contract and in TRANS not currently making the CPI vehicle type included in the program. 131.12(1) and (3). In addition, quality adjustment, pending the resolution of Test procedures and standards are control procedures are outlined in the several issues associated with it. The detailed in 40 CFR 51.357 and in the document entitled ‘‘Wisconsin Vehicle Wisconsin regulation provides for this EPA documents entitled ‘‘High-Tech I/ Inspection Program, Quality Assurance adjustment once the issues are resolved. M Test Procedures, Emission Standards, Procedures’’, which Wisconsin Actual waiver rates in the area remain Quality Control Requirements, and submitted in the July 3, 1997 submittal. within the 3% assumed in the Equipment Specifications,’’ EPA–AA– These requirements mirror EPA’s performance standard modeling, and EPSD–IM–93–1, dated April 1994. recommended quality control emission reduction credit is unaffected. EPA’s test procedure requirements were procedures contained in the EPA ‘‘High Therefore, EPA is approving this part of recently revised on April 5, 2001 (66 FR Tech Guidance’’ document and include the regulation. 18156) to incorporate new OBD test detailed procedures on system A description of the corrective action procedures for 1996 and newer vehicles. calibration surveillance and equipment if waiver rates assumed in the
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performance standard modeling are not state must submit as part of the SIP a improper test procedures, extended wait met are contained in the document description of the quality assurance times at test stations, and failure to entitled ‘‘U.S. EPA’s Enhanced I/M program that includes written procedure provide proper training to technicians. Performance Standard, Wisconsin’s manuals on the above discussed items. Penalties are clearly specified and Demonstration with Discussion,’’ Requirements for audits of testing increase with subsequent violations. written by the Wisconsin Department of equipment, procedures, personnel and This part of the submittal meets the Natural Resources and dated July 28, records are specified in TRANS 131.11 requirements of 40 CFR 51.364. 1994, which is part of ‘‘Exhibit C’’ of the and 131.13(4). Section C.7.g(2) of the I/ Data Collection—40 CFR 51.365 July 28, 1994, submittal. Waiver M contract sets forth the contractor issuance procedures are specified in requirements pertaining to 40 CFR Accurate data collection is essential to TRANS 131.04. This part of the 51.363. The requirements in the state the management, evaluation and submittal is part of the basis for EPA’s rules and the I/M contract mirror EPA’s enforcement of an I/M program. The approval of the I/M SIP. recommendations for quality assurance federal I/M regulation requires data to procedures. In addition, the contractor’s be gathered on each individual test Motorist Compliance Enforcement—40 quality assurance procedures are CFR 51.361 conducted and on the results of the presented in the document entitled quality control checks of test equipment The federal regulation requires that ‘‘Wisconsin Vehicle Inspection Program, required under 40 CFR 51.359. compliance be ensured through the Quality Assurance Procedures’’ and the A detailed description of these data is denial of motor vehicle registration in state’s quality assurance and auditing contained in section C.7.l of the I/M enhanced I/M programs unless an procedures are presented in ‘‘Section contract. This section requires data to be exception for use of an existing 6000—Contractor Audit Procedures,’’ collected for each test, including data on alternative is approved. which Wisconsin included in its July 3, waivers, quality control, repairs, and Wisconsin’s program uses registration 1997 submittal. This part of the other program features. This part of the denial and has committed to a 96 submittal meets the requirements of 40 submittal meets the requirements of 40 percent compliance rate. EPA approved CFR 51.363. CFR 51.365. this program element in the January Enforcement Against Contractors, 1995 approval of the program. Data Analysis and Reporting—40 CFR Stations and Inspectors—40 CFR 51.364 51.366 Motorist Compliance Enforcement Enforcement against licensed stations, Program Oversight—40 CFR 51.362 contractors and inspectors must include Monitoring and evaluation of the The federal I/M regulation requires swift, sure, effective, and consistent program by the state and EPA require that the enforcement program be penalties for violations of program data analysis and reporting. The federal audited regularly and follow effective requirements. The federal I/M I/M regulation requires annual reports program management practices, regulation requires the establishment of to be submitted that provide including adjustments to improve minimum penalties for violations of information and statistics and that operation when necessary. The SIP must program rules and procedures that can summarize activities performed for each include quality control and quality be imposed against stations, contractors of the following programs: testing, assurance procedures to be used to and inspectors. The state must include quality assurance, quality control and ensure the effective overall performance in the SIP the legal authority for enforcement. These reports are due in of the enforcement system. The establishing and imposing penalties, July and must provide statistics for the regulation requires the establishment of civil fines, license suspensions and period of January to December of the an information management system that revocations. State quality assurance previous year. The state must submit a will characterize, evaluate, and enforce officials must have the authority to biennial report to EPA, which addresses the program. temporarily suspend station and/or changes in program design, regulations, Contractor requirements pertaining to inspector licenses immediately upon legal authority, and program these enforcement program oversight finding a violation that directly affects procedures, identifies any weaknesses activities are specified in section C.7.j of emission reduction benefits, unless found in the program during the two- the I/M contract. This part of the constitutionally prohibited. An official year period and states how these contract requires the contractor to report opinion explaining any state problems will be or were corrected. test data to a centralized computer constitutional impediments to These procedures, including database which the state uses to ensure immediate suspension authority must provisions for all required reports, are effective performance of the be included in the submittal. The SIP specified in section C.8 of the I/M enforcement system. The contract also must describe the administrative and contract. The state also commits to contains provisions regarding proper judicial procedures and responsibilities submit annual and biennial reports to document handling and inspection relevant to the enforcement process, the EPA in accordance with the I/M procedures. This part of the submittal including which agencies, courts and regulation and any ensuing EPA satisfies the requirements of 40 CFR jurisdictions are involved, who will guidance in its July 3, 1997 submittal. 51.362 of the federal I/M regulation. prosecute and adjudicate cases and the This part of the submittal meets all of resources that will support this the requirements of 40 CFR 51.366 of Quality Assurance—40 CFR 51.363 function. the federal I/M regulation and is part of The state must implement an ongoing The requirements for penalties for the basis for approving the Wisconsin quality assurance to discover, correct stations, contractors, and inspectors are I/M SIP. and prevent fraud, waste, and abuse in specified in TRANS 131.11(3) and Inspector Training and Licensing or the program. The program must include 131.13(5). Appendix G of the I/M Certification—40 CFR 51.367 covert and overt performance audits of contract sets forth the penalty schedules the inspectors, audits of station and for stations, contractors, and inspectors. The federal I/M regulation requires all inspector records, equipment audits, Appendix G includes penalties for a inspectors to be formally trained and and formal training of all state I/M broad variety of improper practices, licensed or certified to perform enforcement officials and auditors. The including failure to calibrate equipment, inspections.
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Requirements for the training and last page of this newsletter lists the open a second public comment period. licensing of inspectors are specified in repair technician training resources Parties interested in commenting on this TRANS 131.13 and in section C.5.i of available in the program area. This part action should do so at this time. the I/M contract. This section requires of the submittal meets the requirements VI. EPA Action all inspectors to undergo training prior of 40 CFR 51.369 of the federal I/M to performing vehicle inspections. The regulation. EPA is approving the Wisconsin I/M training requires inspectors to pass a program as a revision to the Wisconsin written and a practical exam Compliance with Recall Notices—40 SIP. administered by a third party for CFR 51.370 Nothing in this action should be inspector licensing. In addition, The federal regulation requires the construed as permitting or establishing Attachment I of the July, 3, 1997 states to establish methods to ensure a precedent for any future request for a submittal contains the contractor’s that vehicles that are subject to revision to any SIP. Each request for a training plan and Attachment J contains enhanced I/M and are included in an revision to the SIP must be considered part of the contractor’s training manual emission related recall receive the separately in light of specific technical, for new employees. This part of the required repairs prior to completing the economic, and environmental factors submittal meets the requirements of 40 emission test and/or renewing the and in relation to relevant statutory and CFR 51.367 of the federal I/M vehicle registration. regulatory requirements. regulation. EPA will adopt regulations to require VII. What Administrative Requirements submittal of this information by did EPA Consider? Public Information and Consumer manufacturers to develop a database to Protection—40 CFR 51.368 support this requirement. A. Executive Order 12866 The federal I/M regulation requires Requirements and procedures for The Office of Management and Budget the SIP to include public information compliance with recall notices are (OMB) has exempted this regulatory and consumer protection programs. presented in TRANS 131.03(11)(j) and action from Executive Order 12866, Public information provisions are in section C.7.a(3) of the I/M contract. entitled ‘‘Regulatory Planning and specified in appendix E of the I/M These procedures call for the operation Review.’’ contract, and in TRANS 131.03(15)(b) of a recall database on the centralized and (c) and 131.15(3)(b). Consumer host computer system. This database B. Executive Order 13045 protection program elements are will be used to notify motorists of recall Protection of Children from specified in TRANS 131.13(6) and in issues, as well as to determine whether Environmental Health Risks and Safety sections C.5.c, and C.7.h(2) of the I/M vehicles have been repaired in Risks (62 FR 19885, April 23, 1997), contract. Wisconsin operates an accordance with recall notices. This part applies to any rule that: (1) is extensive public information program of the submittal meets the requirements determined to be ‘‘economically that notifies the public of testing of 40 CFR 51.370 of the federal I/M significant’’ as defined under Executive requirements, program changes, and regulation. Order 12866, and (2) concerns an environmental benefits of I/M testing. In environmental health or safety risk that addition, the I/M contract has detailed On-Road Testing—40 CFR 51.371 EPA has reason to believe may have a provisions for handling customer On-road testing is required in disproportionate effect on children. If complaints, customer challenge enhanced I/M areas. The use of either the regulatory action meets both criteria, mechanisms, and dispute resolution remote sensing devices (RSD) or the Agency must evaluate the mechanisms. This part of the submittal roadside pullovers including tailpipe environmental health or safety effects of meets the requirements of 40 CFR emission testing can be used to meet the the planned rule on children, and 51.368 of the federal I/M regulation. federal regulations. The program must explain why the planned regulation is include on-road testing of 0.5% of the preferable to other potentially effective Improving Repair Effectiveness—40 CFR subject fleet or 20,000 vehicles, and reasonably feasible alternatives 51.369 whichever is less, in the nonattainment considered by the Agency. Effective repairs are the key to area or the I/M program area. This rule is not subject to Executive achieving program goals. The federal Requirements and procedures for the Order 13045 because it does not involve regulation requires states to take steps to onroad testing program are presented in decisions intended to mitigate ensure that the capability exists in the TRANS 131.14 and in appendix J of the environmental health or safety risks. repair industry to repair vehicles. The I/M contract. The on-road testing C. Executive Order 13084 SIP must include a description of the program meets the minimum testing technical assistance program to be requirements of the federal I/M Under Executive Order 13084, EPA implemented, the procedures and regulation. may not issue a regulation that is not criteria to be used in meeting the required by statute, that significantly performance monitoring requirements of V. Where is the Public Record and affects or uniquely affects the the federal regulation, and the repair Where do I Send Comments? communities of Indian tribal technician training resources available The official record for this direct final governments, and that imposes in the community. rule is located at the addresses in the substantial direct compliance costs on Requirements and procedures ADDRESSES section at the beginning of those communities, unless the Federal pertaining to technical assistance and this document. The addresses for government provides the funds repair facility monitoring are specified sending comments are also provided in necessary to pay the direct compliance in TRANS 131.03(10)(a)2., 131.15, and the ADDRESSES section at the beginning costs incurred by the tribal 131.16 and in section C.9 of the I/M of this document. If EPA receives governments, or EPA consults with contract. In addition, WDOT adverse written comments on this those governments. If EPA complies by periodically publishes a newsletter, action, we will withdraw this final rule consulting, Executive Order 13084 ‘‘The Analyzer,’’ which presents and address the comments received in requires EPA to provide to the Office of information on the state’s I/M program response to this action in a final rule on Management and Budget, in a separately and vehicle diagnosis and repair. The the related proposed rule. We will not identified section of the preamble to the
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rule, a description of the extent of EPA’s merely approves a state rule H. Unfunded Mandates prior consultation with representatives implementing a federal standard, and Under sections 202 of the Unfunded of affected tribal governments, a does not alter the relationship or the Mandates Reform Act of 1995 summary of the nature of their concerns, distribution of power and (‘‘Unfunded Mandates Act’’), signed and a statement supporting the need to responsibilities established in the Clean into law on March 22, 1995, EPA must issue the regulation. In addition, Air Act. Thus, the requirements of prepare a budgetary impact statement to Executive Order 13084 requires EPA to section 6 of the Executive Order do not accompany any proposed or final rule develop an effective process permitting apply to this rule. that includes a federal mandate that elected officials and other may result in estimated costs to state, representatives of Indian tribal E. Executive Order 13175 local, or tribal governments in the governments ‘‘to provide meaningful This final rule does not have tribal aggregate; or to the private sector, of and timely input in the development of $100 million or more. Under section regulatory policies on matters that implications. It will not have substantial 205, EPA must select the most cost- significantly or uniquely affect their direct effects on tribal governments, on effective and least burdensome communities.’’ the relationship between the federal Today’s rule does not significantly or government and Indian tribes, or on the alternative that achieves the objectives uniquely affect the communities of distribution of power and of the rule and is consistent with Indian tribal governments. This action responsibilities between the federal statutory requirements. Section 203 does not involve or impose any government and Indian tribes, as requires EPA to establish a plan for requirements that affect Indian Tribes. specified in Executive Order 13175. informing and advising any small Accordingly, the requirements of Thus, Executive Order 13175 does not government that may be significantly or section 3(b) of Executive Order 13084 apply to this rule. uniquely impacted by the rule. do not apply to this rule. EPA has determined that the approval F. Executive Order 13211 action promulgated does not include a D. Executive Order 13132 Federal mandate that may result in This rule is not subject to Executive estimated costs of $100 million or more Federalism (64 FR 43255, August 10, Order 13211, ‘‘Actions Concerning to either state, local, or tribal 1999) revokes and replaces Executive Regulations That Significantly Affect governments in the aggregate, or to the Orders 12612 (Federalism) and 12875 Energy Supply, Distribution, or Use’’ (66 private sector. This Federal action (Enhancing the Intergovernmental FR 28355, May 22, 2001) because it is Partnership). Executive Order 13132 approves pre-existing requirements not a significant regulatory action under requires EPA to develop an accountable under state or local law, and imposes no Executive Order 12866. process to ensure ‘‘meaningful and new requirements. Accordingly, no timely input by State and local officials G. Regulatory Flexibility additional costs to state, local, or tribal in the development of regulatory governments, or to the private sector, policies that have federalism The Regulatory Flexibility Act (RFA) result from this action. implications.’’ ‘‘Policies that have generally requires an agency to conduct I. Submission to Congress and the federalism implications’’ is defined in a regulatory flexibility analysis of any Comptroller General the Executive Order to include rule subject to notice and comment regulations that have ‘‘substantial direct rulemaking requirements unless the The Congressional Review Act, 5 effects on the states, on the relationship agency certifies that the rule will not U.S.C. 801 et seq., as added by the Small between the national government and have a significant economic impact on Business Regulatory Enforcement the states, or on the distribution of a substantial number of small entities. Fairness Act of 1996, generally provides power and responsibilities among the Small entities include small businesses, that before a rule may take effect, the various levels of government.’’ Under small not-for-profit enterprises, and agency promulgating the rule must Executive Order 13132, EPA may not small governmental jurisdictions. submit a rule report, which includes a issue a regulation that has federalism This rule will not have a significant copy of the rule, to each House of the implications, that imposes substantial impact on a substantial number of small Congress and to the Comptroller General direct compliance costs, and that is not entities because SIP approvals under of the United States. EPA will submit a required by statute, unless the Federal section 110 and subchapter I, part D, of report containing this rule and other government provides the funds the Clean Air Act do not create any new required information to the U.S. Senate, necessary to pay the direct compliance requirements but simply approve the U.S. House of Representatives, and costs incurred by state and local requirements that the state is already the Comptroller General of the United governments, or EPA consults with state imposing. Therefore, because the States prior to publication of the rule in and local officials early in the process the Federal Register. A major rule Federal SIP approval does not create of developing the proposed regulation. cannot take effect until 60 days after it any new requirements, I certify that this EPA also may not issue a regulation that is published in the Federal Register. action will not have a significant has federalism implications and that This action is not a ‘‘major rule’’ as economic impact on a substantial preempts state law unless the Agency defined by 5 U.S.C. 804(2). This rule number of small entities. consults with state and local officials will be effective October 15, 2001 unless early in the process of developing the Moreover, due to the nature of the EPA receives adverse written comments proposed regulation. federal-state relationship under the by September 17, 2001. This rule will not have substantial Clean Air Act, preparation of flexibility direct effects on the states, on the analysis would constitute Federal J. National Technology Transfer and relationship between the national inquiry into the economic Advancement Act government and the states, or on the reasonableness of state action. The Section 12 of the National Technology distribution of power and Clean Air Act forbids EPA to base its Transfer and Advancement Act responsibilities among the various actions concerning SIPs on such (NTTAA) of 1995 requires Federal levels of government, as specified in grounds. Union Electric Co., v. U.S. agencies to evaluate existing technical Executive Order 13132, because it EPA, 427 U.S. 246, 255–66 (1976). standards when developing a new
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regulation. To comply with NTTAA, 1997, August 11, 1998, December 30, SUPPLEMENTARY INFORMATION: On EPA must consider and use ‘‘voluntary 1998, December 22, 2000, and July 27, February 20, 2001, the District issued a consensus standards’’ (VCS) if available 2001. This revision included Wisconsin revised Authority to Construct (ATC) to and applicable when developing statutes providing authorities for TMP for the construction of a new programs and policies unless doing so implementing the program, Wisconsin electricity generating plant in Burney, would be inconsistent with applicable Administrative Rules, the contract CA. The revised ATC reflected law or otherwise impractical. between the state of Wisconsin and the information and comments provided by The EPA believes that VCS are vehicle testing contractor, schedules for TMP, interested parties, and the public inapplicable to this action, because it implementation, and technical materials through February 20, 2001. The revised does not require the public to perform related to test equipment specifications, ATC also constituted a final PSD Permit activities conducive to the use of VCS. reports, and quality assurance pursuant to 40 CFR 52.21, the terms and procedures. K. Petitions for Judicial Review conditions of the District’s delegation of (i) Incorporation by reference. authority from the U.S. EPA under 40 Under section 307(b)(1) of the Clean (A) Wisconsin Statutes, Section CFR 52.21(u), and Section 7 of the Air Act, petitions for judicial review of 110.20, effective January 1, 1996, federal Endangered Species Act. this action must be filed in the United Section 285.30, effective January 1, Subsequent to the issuance of the States Court of Appeals for the 1997. revised ATC, the Burney Resources appropriate circuit by October 15, 2001. (B) Wisconsin Administrative Code, Group filed a petition for review of the Filing a petition for reconsideration by Chapter NR 485, effective February 1, ATC with the Board on March 21, 2001. the Administrator of this final rule does 2001. On May 30, 2001, the Board denied (C) Wisconsin Administrative Code, not affect the finality of this rule for the review of the petition for the following Chapter TRANS 131, effective June 1, purposes of judicial review nor does it reasons: (1) Petitioner has not shown 2001. extend the time within which a petition that the District’s selection of a 2.5 ppm * * * * * for judicial review may be filed, and (averaged over one hour) NOX limit as shall not postpone the effectiveness of [FR Doc. 01–20503 Filed 8–15–01; 8:45 am] BACT to be clearly erroneous or an such rule or action. This action may not BILLING CODE 6560–50–P exercise of discretion or an important be challenged later in proceedings to policy consideration that the Board enforce its requirements. (See section should, in its discretion, review; (2) the 307(b)(2).) ENVIRONMENTAL PROTECTION District’s selection of a 4 ppm (averaged AGENCY List of Subjects in 40 CFR Part 52 over three hours) CO limit is consistent 40 CFR Part 52 with the BACT limit established for Environmental protection, Air other sources in Region IX; (3) the pollution control, Intergovernmental [FRL–7034–3] District’s elimination of SCONOX, a new relations, Hydrocarbons, Incorporation control technology, during the BACT by reference, Volatile organic Notice of Prevention of Significant review did not materially affect the final compounds, Ozone. Deterioration Final Determination for determination of the limit constituting Authority: 42 U.S.C. 7401–7671 et seq. Three Mountain Power, LLC, Burney, BACT, since this limit would be CA Dated: July 31, 2001. achieved with either a selective catalytic David A. Ullrich, AGENCY: Environmental Protection reduction (SCR) system or SCONOX; (4) Acting Regional Administrator, Region 5. Agency. the District’s selection of a 5 ppm ACTION: Notice of final action. ammonia slip is the most stringent Chapter I, title 40 of the Code of ammonia control in PSD permits issued Federal Regulations is amended as SUMMARY: The purpose of this document in Region IX and Petitioner’s argument follows: is to announce that, on May 30, 2001, that the ammonia slip will form PART 52—[AMENDED] the U.S. Environmental Protection secondary PM10 is highly speculative in Agency (EPA) Environmental Appeals nature; and (5) issues regarding PM10 1. The authority citation for part 52 Board (‘‘Board’’) dismissed the petition and SO2 offsets and mitigation measures continues to read as follows: for review filed by the Burney Resources are not within the purview of the federal Authority: 42 U.S.C. 7401–7671q. Group of a permit issued to Three PSD program. (See In re: Three Mountain Power, LLC (‘‘TMP’’) by the Mountain Power, LLC, PSD Appeal No. Subpart YY—Wisconsin Shasta County Air Quality Management 01–05.) District (‘‘Shasta’’ or ‘‘District’’) 2. Section 52.2570 is amended by Pursuant to 40 CFR 124.19(f)(1), for pursuant to the Prevention of purposes of judicial review, final adding paragraph (c)(101) to read as Significant Deterioration of Air Quality follows: Agency action occurs when a final PSD (PSD) regulations under 40 CFR 52.21. permit is issued and Agency review § 52.2570 Identification of plan. This document also announces that a procedures are exhausted. This * * * * * final PSD permit has been issued to document is being published pursuant (c) * * * TMP by the Shasta pursuant to the to 40 CFR 124.19(f)(2), which requires (101) On November 15, 1992, the state terms and conditions of the District’s notice of any final agency action of Wisconsin submitted a revision to the delegation of authority from the U.S. regarding a permit to be published in Wisconsin State Implementation Plan EPA under 40 CFR 52.21(u). the Federal Register. This action being for ozone establishing an enhanced DATES: The effective date for the Board’s published today in the Federal Register motor vehicle inspection and decision is May 30, 2001. constitutes notice of the final Agency maintenance program in Southeast FOR FURTHER INFORMATION CONTACT: action denying review of the PSD permit Wisconsin. The state made several Duong Nguyen, Permits Office (AIR3), and, consequently, notice of the supplements to the original plan, dated Air Division, U.S. EPA Region IX, 75 District’s issuance of final PSD permit January 15, 1993, November 15, 1993, Hawthorne Street, San Francisco, CA No. 99–PO–01 to Three Mountain July 28, 1994, February 13, 1996, July 3, 94105, (415) 744–1142. Power, LLC, on February 20, 2001.
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The proposed power plant, located SUMMARY: This regulation establishes an for readers regarding entities likely to be near the town of Burney, Shasta County, exemption from the requirement of a affected by this action. Other types of California, will have a nominal tolerance for residues of B-D- entities not listed in the table could also electrical output of 500 MW and will be glucuronidase from Escherichia coli and be affected. The North American fired on natural gas. The proposed the genetic material necessary for its Industrial Classification System facility will be subject to PSD for production in or on all food (NAICS) codes have been provided to Nitrogen Oxides (NOX), Carbon commodities when applied/used as a assist you and others in determining Monoxide (CO), Volatile Organic plant pesticide inert ingredient. whether or not this action might apply Compounds (VOC), and Particulate Monsanto submitted a petition to EPA to certain entities. If you have questions Matter (PM10). The permit includes the under the Federal Food, Drug, and regarding the applicability of this action following Best Available Control Cosmetic Act, as amended by the Food to a particular entity, consult the person Technology (BACT) emission limits: Quality Protection Act of 1996, listed under FOR FURTHER INFORMATION NOX at 2.5 ppmvd (based on 1-hour requesting an exemption from the CONTACT. requirement of a tolerance. This averaging at 15% O2), 4 ppmvd CO B. How Can I Get Additional regulation eliminates the need to (based on 3-hour averaging at 15% O2), Information, Including Copies of this establish a maximum permissible level 2 ppmvd VOC (based on 1-hour Document and Other Related for residues of B-D-glucuronidase averaging at 15% O2), and PM10 at Documents? 0.0012 grain/dscf (based on 1-hour derived from E. coli and the genetic 1. Electronically. You may obtain averaging at 3% CO2). The BACT material necessary for its production. requirements include use of Selective DATES: This regulation is effective electronic copies of this document, and Catalytic Reduction (SCR) for the August 16, 2001. Objections and certain other related documents that might be available electronically, from control of NOX emissions, an oxidation requests for hearings, identified by catalyst for CO and VOC emissions, and docket control number (OPP–301129), the EPA Internet Home Page at http:// a combination of good combustion must be received by EPA, on or before www.epa.gov/. To access this control and natural gas for the control October 15, 2001. document, on the Home Page select ‘‘Laws and Regulations,’’ ‘‘Regulations of PM10 emissions. Continuous emission ADDRESSES: Written objections and and Proposed Rules,’’ and then look up monitoring is required for NOX, CO and hearing requests may be submitted by opacity. The facility is also subject to mail, electronically, or in person. Please the entry for this document under the New Source Performance Standards, follow the detailed instructions for each ‘‘Federal Register —Environmental Documents.’’ You can also go directly to Subparts AA and GG, and the Acid Rain method as provided in Unit IX. of the the Federal Register listings at http:// program under title IV of the Clean Air SUPPLEMENTARY INFORMATION. To ensure www.epa.gov/fedrgstr/. A frequently Act. proper receipt by EPA, your objections If available, judicial review of these and hearing requests must identify updated electronic version of 40 CFR determinations under section 307(b)(1) docket control number (OPP–301129) in part 180 is available at http:// www.access.gpo.gov/nara/cfr/ of the CAA may be sought only by the the subject line on the first page of your cfrhtml_00/Title_40/40cfr180_00.html, a filing of a petition for review in the response. beta site currently under development. United States Court of Appeals for the FOR FURTHER INFORMATION CONTACT: By 2. In person. The Agency has appropriate circuit within 60 days from mail: Linda Hollis, c/o Product Manager established an official record for this the date on which this document is (PM) 90, Biopesticides and Pollution action under docket control number published in the Federal Register. Prevention Division (7511C), OPP–301129. The official record Under section 307(b)(2) of this Act, this Environmental Protection Agency, 1200 consists of the documents specifically determination shall not be subject to Pennsylvania Ave., NW., Washington, referenced in this action, and other later judicial review in any civil or DC 20460; telephone number: (703– information related to this action, criminal proceedings for enforcement. 308–8733); and e-mail address: including any information claimed as Dated: July 30, 2001. [email protected]. Confidential Business Information (CBI). Jack P. Broadbent, SUPPLEMENTARY INFORMATION: This official record includes the documents that are physically located in Director, Air Division, Region IX. I. General Information [FR Doc. 01–20661 Filed 8–15–01; 8:45 am] the docket, as well as the documents BILLING CODE 6560–50–P A. Does this Action Apply to Me? that are referenced in those documents. You may be affected by this action if The public version of the official record you are an agricultural producer, food does not include any information ENVIRONMENTAL PROTECTION manufacturer, or pesticide claimed as CBI. The public version of AGENCY manufacturer. Potentially affected the official record, which includes categories and entities may include, but printed, paper versions of any electronic 40 CFR Part 180 are not limited to: comments submitted during an [OPP–301129; FRL–6782–8] applicable comment period is available Examples of Po- for inspection in the Public Information RIN 2070–AB78 Categories NAICS tentially Affected and Records Integrity Branch (PIRIB), Entities Rm. 119, Crystal Mall #2, 1921 Jefferson B-D-Glucuronidase from E. coli and the Davis Hwy., Arlington, VA, from 8:30 Genetic Material Necessary for its Industry 111 Crop production a.m. to 4 p.m., Monday through Friday, Production As a Plant Pesticide Inert 112 Animal production excluding legal holidays. The PIRIB Ingredient; Exemption from the 311 Food manufac- turing telephone number is (703) 305–5805. Requirement of a Tolerance 32532 Pesticide manufac- II. Background and Statutory Findings AGENCY: Environmental Protection turing Agency (EPA). In the Federal Register of May 3, 2000 This listing is not intended to be (65 FR 25719) (FRL–6553–2), EPA ACTION: Final rule. exhaustive, but rather provides a guide issued a notice pursuant to section 408
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of the Federal Food, Drug, and Cosmetic relationship of this information to and routine, minor organ abnormalities Act (FFDCA), 21 U.S.C. 346a(d), as human risk. EPA has also considered were also seen in both the treated and amended by the Food Quality Protection available information concerning the control groups during gross necropsy at Act (FQPA) (Public Law 104–170) variability of the sensitivities of major schedules sacrifice. Based upon the announcing the filing of a pesticide identifiable subgroups of consumers, data, there were no significant adverse tolerance petition (PP) OE6066 by including infants and children. effects reported upon dosing mice with Monsanto. This notice included a Several types of data are required for up to 100.0 mg/kg body weight GUS summary of the petition prepared by the proteinaceous plant-pesticide protein. petitioner Monsanto. There were no ingredients to provide a reasonable In vitro digestibility (449394–07). This comments received in response to the certainty that no harm will result from study was performed on B-D- notice of filing. the aggregate exposure to these proteins. glucuronidase purified from E. coli The petition requested that 40 CFR The information is intended to show strain K12 engineered to express the 180.1216 be amended by establishing an that a proteinaceous plant-pesticide GUS protein to determine the digestive exemption from the requirement of a behaves as would be expected of a fate of the protein in simulated gastric tolerance for residues of B-D- typical dietary protein, is not and intestinal fluid. The data submitted glucuronidase derived from E. coli and structurally related to any known food indicate that the GUS protein is broken the genetic material necessary for its allergen or protein toxin, and does not down rapidly with incubation in production. display any oral toxicity when simulated gastric fluids but is relatively administered at high doses. These data stable in simulated intestinal fluids. III. Risk Assessment consist of an in vitro digestion assay, GUS protein enzymatic activity rapidly Section 408(c)(2)(A)(i) of the FFDCA amino acid sequence homology disappears after incubation in simulated allows EPA to establish an exemption comparisons and an acute oral toxicity gastric fluid (2 minutes, the first from the requirement for a tolerance (the test. The acute oral toxicity test is done timepoint examined). GUS protein also legal limit for a pesticide chemical at a maximum hazard dose using disappears when examined residue in or on a food) only if EPA purified protein of the plant-pesticide as immunologically by western blot as determines that the tolerance is ‘‘safe.’’ a test substance. quickly as 15 seconds after incubation Section 408(c)(2)(A)(ii) defines ‘‘safe’’ to EPA believes that protein instability in simulated gastric fluid. Although still mean that ‘‘there is a reasonable in digestive fluids and the lack of degraded, GUS protein is more stable to certainty that no harm will result from adverse effects using the maximum intestinal digestion disappearing by 240 aggregate exposure to the pesticide hazard dose approach in general minutes by western blot yet still being chemical residue, including all eliminate the need for longer-term detected by enzymatic activity anticipated dietary exposures and all testing of Bt protein plant-pesticide (decreased about 90%) at this same time other exposures for which there is ingredients. Dosing of these animals point. These results suggest that the reliable information.’’ This includes with the maximum hazard dose, along protein breaks down in the human exposure through drinking water and in with the product characterization data digestive tract as expected of a dietary residential settings, but does not include should identify potential toxins and protein and will not likely pose a risk occupational exposure. Section allergens, and provide an effective in foods as part of the human diet. 408(b)(2)(C) requires EPA to give special means to determine the safety of these The B-D-glucuronidase which is the consideration to exposure of infants and protein. The adequacy of the current subject of this rule is a protein originally children to the pesticide chemical testing requirements was discussed at isolated from E. coli and introduced into residue in establishing a tolerance and the June 7, 200 Scientific Advisory plants to serve as a transformation to ‘‘ensure that there is a reasonable Panel (SAP) meeting. marker. GUS (B-D-glucuronide certainty that no harm will result to Toxicity studies submitted in support glucouronosohydrolase; E.C.3.2.1.31) infants and children from aggregate of this tolerance exemption included the from E. coli is a homotetrameric enzyme exposure to the pesticide chemical following: with an individual monomeric weight of residue....’’ Additionally, section Acute oral toxicity (44988–01). One 68kD. Individual subunits do not have 408(b)(2)(D) requires that the Agency hundred CD-1 albino mice divided into enzymatic activity. GUS has a pH consider ‘‘available information’’ groups of 10 male and 10 female each optima near 7.0 and maintains concerning the cumulative effects of a were treated with 1.0 milligrams/ enzymatic activity for approximately 2 particular pesticide’s residues and kilograms (mg/kg), 10.0 mg/kg or 100.0 hours at 55 degrees C but is rapidly ‘‘other substances that have a common mg/kg of the test substance (GUS degraded at 60 degrees C. This bacterial mechanism of toxicity. ’’ protein) or 100.0 mg/kg control enzymatic activity is ubiquitous in the EPA performs a number of analyses to substance (bovine serum albumin). digestive system of humans and other determine the risks from aggregate Treatment was administered by oral vertebrates. As a protein component of exposure to pesticide residues. First, gavage at 33 ml/kg body weight. Three the normal microflora of the intestinal EPA determines the toxicity of unscheduled deaths occurred on day 5. tract, there will be no change in pesticides. Second, EPA examines These animals were in each of the exposure from the presence of this exposure to the pesticide through food, following groups: 100.0 mg control protein as a transformation marker. In drinking water, and through other substance, 10.0 mg or 100.0 mg test addition, other types of GUS enzyme are exposures that occur as a result of substance. Since the deaths appeared in present in the liver, spleen, kidneys, pesticide use in residential settings. both control and test substance groups, salivary glands, breast milk and a there were no abnormal observations variety of other tissues in humans, other IV. Toxicological Profile upon gross necropsy of the animals that vertebrates and a number of Consistent with section 408(b)(2)(D) died prematurely, the deaths were not invertebrates. While these proteins have of FFDCA, EPA has reviewed the dose related and only three deaths were similar activity, the mammalian safety available scientific data and other seen in the one hundred animals of the data generated to date has been relevant information in support of this study, it appears that the deaths were specifically for the E. coli derived GUS action and considered its validity, not related to the test substance. Minor so the present tolerance is limited to completeness, and reliability and the weight loss was recorded in all groups that form.
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Allergenic responses are very unlikely are the genetic material that control the B. Other Non-Occupational Exposure to occur and the Agency is currently expression of the genetic material Other non-occupational exposure of unaware of any allergic reactions to this encoding the proteins, such as B-D-glucuronidase via residential and protein. The highest activity of the promoters, terminators, and enhancers. indoor uses e.g., uses around homes, mammalian GUS protein is found DNA is common to all forms of plant parks, recreation areas, athletic fields primarily in the liver and kidneys. and animal life and the Agency knows and golf courses will be minimal to non- However, activity has also been seen in of no adverse effects related to their existent as the GUS protein is contained the spleen, breast milk, adrenal gland consumption as a component of food. within the plant cells. and alimentary tract. GUS protein is These ubiquitous nucleic acids as they 1. Dermal exposure. Due to the nature also found in many other bacteria appear in the subject plant pesticide of the GUS protein contained within the besides E. coli and is also present in the inert ingredient have been adequately plant cells as part of the plant pesticide environment (Ref. 1). The GUS protein characterized by the applicant. The EPA inert ingredient, exposure through any is used as a marker gene during the concludes that no mammalian toxicity route (i.e., dermal, respiratory) other plant transformation process in the is anticipated from dietary exposure to than dietary is unlikely to occur. development of genetically modified the genetic material necessary for the Physical contact with the plant or raw plants. During the plant transformation process, the GUS protein serves as an production of the GUS protein. agricultural food from the plant may present some limited opportunity for identifier which enables the separation V. Aggregate Exposures of transformed plant cells containing an dermal exposure. However, on a per added gene from those plant cells that In examining aggregate exposure, person basis, the potential amounts have failed to take up or maintain the FFDCA section 408 directs EPA to involved in this exposure is negligible additional gene of interest. Thus, the consider available information in comparison to exposure through the GUS protein allows a cell expressing concerning exposures from the pesticide dietary route. that marker gene to be readily residue in food and all other non- 2. Inhalation exposure. The identified. occupational exposures, including occurrence of respiratory exposure of The mammalian health and safety of drinking water from ground water or the GUS protein contained within the plant cells is negligible in comparison to the GUS protein is based on its surface water and exposure through potential exposure through the dietary ubiquitous presence in the digestive pesticide use in gardens, lawns, or route. system of humans and other tissues buildings (residential and other indoor (Refs. 2 and 6), as well as its presence uses). VI. Cumulative Effects in anaerobic bacteria (Ref. 3), and other environmental bacteria (Ref. 7). Further, A. Dietary Exposure E. coli derived B-D-glucuronidase the mammalian health and safety of the enzyme and its gene is present as part GUS protein is based on the long history 1. Food. The use of B-D-glucuronidase of a ubiquitous organism in the of safe consumption of the protein in from E. coli and the genetic material digestive systems of humans and other the human and domestic animal food necessary for its production as a plant vertebrates. Based on the lack of supply (Ref. 2), and in the tissue of pesticide inert ingredient will not result mammalian toxicity and the long various plant species from which foods in new dietary exposure to human history of safe consumption of the such as potatoes, apples, almonds, rye, health or to the environment. The GUS protein in the human and domestic sugar beets, etc., are derived (Refs. 4, 8, protein is ubiquitous in the digestive animal food supply and the rapid and 9). There have been no reports of tract of humans, other vertebrate, degradation of the protein in the adverse effects to humans or domestic invertebrates, bacteria, in the digestive tract, no cumulative effects animals from the consumption of the environment and in foods in the human with other substances are expected. GUS protein. Toxicity studies and domestic animal diet. Exposure VII. Determination of Safety for U.S. conducted in support of this tolerance from this protein has not posed any Population, Infants and Children exemption indicated a lack of toxicity of unreasonable risk or health concerns. the E. coli derived GUS protein in mice. The lack of mammalian toxicity and the For the U.S. population, including Moreover, in vitro digestibility studies rapid degradation of the protein by the infants and children, B-D-glucuronidase further validate earlier findings that the stomach digestion of the GUS protein from E. coli and the genetic material E. coli derived GUS protein is broken provide a scientific rationale for necessary for its production as a plant down under conditions in mammalian exempting from the requirement of a pesticide inert ingredient has no known digestive fluids. Therefore, the Agency tolerance B-D-glucuronidase and the or reported adverse effects. The concludes that the risk to humans when genetic material necessary for its Agency’s conclusions are based on the consuming foods containing the GUS production when used as a plant extensive use and experience with the protein is minimal to non-existent. The pesticide inert ingredient (Ref. 10). GUS protein including the long history of safe consumption of the protein in lack of heat stability of the GUS protein Moreover, there is no evidence the human and domestic animal food suggests that cooking foods would indicating adverse effects due to supply, the lack of mammalian toxicity eliminate the protein activity (Ref. 5). aggregate exposure of the GUS protein associated with the protein, the rapid Further, the data submitted suggest that through dietary, non-food oral, dermal degradation of the protein by the upon ingestion, the GUS protein rapidly and inhalation. degrades in the digestive tract thus stomach digestion prior to passage to posing no risks of adverse effects to 2. Drinking water exposure. Potential the intestinal tract, along with no humans. exposures in drinking water is reported adverse effects due to aggregate The genetic material necessary for the negligible. Because GUS protein is exposure through the dietary, non-food production of the plant pesticide inert contained within the cells of the plant oral, dermal and inhalation routes. ingredient are the nucleic acids (DNA) and is naturally degraded upon plant Therefore, based on all available which comprise genetic material senescence, the likely transfer of the information, the EPA concludes that encoding the protein and their GUS protein to drinking water is there is reasonable certainty that no regulatory regions. Regulatory regions minimal to non-existent. harm will result from aggregate
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exposure of the U.S. population, coli and the genetic material necessary Washington, DC 20460. You may also including infants and children, to the for its production. deliver your request to the Office of the GUS protein when used as a plant Hearing Clerk in Rm. C400, Waterside IX. Objections and Hearing Requests pesticide inert ingredient, as expressed Mall, 401 M St., SW., Washington, DC in plants in or on all food commodities. Under section 408(g) of the FFDCA, as 20460. The Office of the Hearing Clerk amended by the FQPA, any person may is open from 8 a.m. to 4 p.m., Monday VIII. Other Considerations file an objection to any aspect of this through Friday, excluding legal A. Endocrine Disruptors regulation and may also request a holidays. The telephone number for the hearing on those objections. The EPA Office of the Hearing Clerk is (202) 260– EPA is required under the FFDCA, as procedural regulations which govern the 4865. amended by FQPA, to develop a submission of objections and requests 2. Tolerance fee payment. If you file screening program to determine whether for hearings appear in 40 CFR part 178. an objection or request a hearing, you certain substances (including all Although the procedures in those must also pay the fee prescribed by 40 pesticide active and other ingredient) regulations require some modification to CFR 180.33(i) or request a waiver of that ‘‘may have an effect in humans that is reflect the amendments made to the fee pursuant to 40 CFR 180.33(m). You similar to an effect produced by a FFDCA by the FQPA of 1996, EPA will must mail the fee to: EPA Headquarters naturally occurring estrogen, or other continue to use those procedures, with Accounting Operations Branch, Office such endocrine effects as the appropriate adjustments, until the of Pesticide Programs, P.O. Box Administrator may designate.’’ necessary modifications can be made. 360277M, Pittsburgh, PA 15251. Please Following the recommendations of the The new section 408(g) provides identify the fee submission by labeling Endocrine Disruptor Screening and essentially the same process for persons it ‘‘Tolerance Petition Fees.’’ Testing Advisory Committee (EDSTAC), to ‘‘object’’ to a regulation for an EPA is authorized to waive any fee EPA determined that there was exemption from the requirement of a requirement ‘‘when in the judgement of scientific basis for including, as part of tolerance issued by EPA under new the Administrator such a waiver or the program, the androgen-and thyroid section 408(d), as was provided in the refund is equitable and not contrary to hormone systems, in addition to the old FFDCA sections 408 and 409. the purpose of this subsection.’’ For estrogen hormone system. EPA also However, the period for filing objections additional information regarding the adopted EDSTAC’s recommendation is now 60 days, rather than 30 days. waiver of these fees, you may contact James Tompkins by phone at (703) 305– that the program include evaluations of A. What Do I Need to Do to File an 5697, by e-mail at potential effects in wildlife. For Objection or Request a Hearing? pesticide chemicals, EPA will use [email protected], or by mailing a FIFRA and to the extent that FFDCA You must file your objection or request for information to Mr. Tompkins authority to require the wildlife request a hearing on this regulation in at Registration Division (7505C), Office evaluations. As the science develops accordance with the instructions of Pesticide Programs, Environmental and resources allow, screening of provided in this unit and in 40 CFR part Protection Agency, 1200 Pennsylvania additional hormone systems may be 178. To ensure proper receipt by EPA, Ave., NW., Washington, DC 20460. added to the Endocrine Disruptor you must identify docket control If you would like to request a waiver Screening Program (EDSP). number OPP–301140 in the subject line of the tolerance objection fees, you must on the first page of your submission. All mail your request for such a waiver to: When the appropriate screening and requests must be in writing, and must be James Hollins, Information Resources or testing protocols being considered mailed or delivered to the Hearing Clerk and Services Division (7502C), Office of under the Agency’s Endocrine Disruptor on or before October 15, 2001. Pesticide Programs, Environmental Screening Program have been 1. Filing the request. Your objection Protection Agency, 1200 Pennsylvania developed, B-D-glucuronidase from E. must specify the specific provisions in Ave., NW., Washington, DC 20460. coli and the genetic material necessary the regulation that you object to, and the 3. Copies for the Docket. In addition for its production may be subjected to grounds for the objections (40 CFR to filing an objection or hearing request additional screening and/or testing to 178.25). If a hearing is requested, the with the Hearing Clerk as described in better characterize effects related to objections must include a statement of Unit IX.A., you should also send a copy endocrine disruption. Based on the the factual issues(s) on which a hearing of your request to the PIRIB for its weight of the evidence of available data, is requested, the requestor’s contentions inclusion in the official record that is no endocrine system-related effects have on such issues, and a summary of any described in Unit I.B.2. Mail your been identified. evidence relied upon by the objector (40 copies, identified by docket number B. Analytical Method(s) CFR 178.27). Information submitted in OPP–301140, to: Public Information and connection with an objection or hearing Records Integrity Branch, Information The Agency proposes to establish an request may be claimed confidential by Resources and Services Division exemption from the requirement of a marking any part or all of that (7502C), Office of Pesticide Programs, tolerance without any numerical information as CBI. Information so Environmental Protection Agency, 1200 limitation for the reasons stated above. marked will not be disclosed except in Pennsylvania Ave., NW., Washington, For the same reasons, the Agency has accordance with procedures set forth in DC 20460. In person or by courier, bring concluded that an analytical method is 40 CFR part 2. A copy of the a copy to the location of the PIRIB not required for enforcement purposes information that does not contain CBI described in Unit I.B.2. You may also for B-D-glucuronidase from E. coli and must be submitted for inclusion in the send an electronic copy of your request the genetic material necessary for its public record. Information not marked via e-mail to: [email protected]. production. confidential may be disclosed publicly Please use an ASCII file format and C. Codex Maximum Residue Level by EPA without prior notice. avoid the use of special characters and Mail your written request to: Office of any form of encryption. Copies of There are no Codex Maximum the Hearing Clerk (1900), Environmental electronic objections and hearing Residue Levels (MRL’s) established for Protection Agency, Ariel Rios Bldg., requests will also be accepted on disks residues of B-D-glucuronidase from E. 1200 Pennsylvania Ave., NW., in WordPerfect 6.1/8.0 or ASCII file
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format. Do not include any CBI in your XI. Regulatory Assessment defined in the Executive Order to electronic copy. You may also submit an Requirements include regulations that have electronic copy of your request at many This final rule establishes an ‘‘substantial direct effects on the States, Federal Depository Libraries. exemption from the tolerance on the relationship between the national government and the States, or on the B. When Will the Agency Grant a requirement under FFDCA section distribution of power and Request for a Hearing? 408(d) in response to a petition submitted to the Agency. The Office of responsibilities among the various A request for a hearing will be granted Management and Budget (OMB) has levels of government.’’ This final rule if the Administrator determines that the exempted these types of actions from directly regulates growers, food material submitted shows the following: review under Executive Order 12866, processors, food handlers and food There is a genuine and substantial issue entitled Regulatory Planning and retailers, not States. This action does not of fact; there is a reasonable possibility Review (58 FR 51735, October 4, 1993). alter the relationships or distribution of that available evidence identified by the This final rule does not contain any power and responsibilities established requestor would, if established resolve information collections subject to OMB by Congress in the preemption one or more of such issues in favor of approval under the Paperwork provisions of FFDCA section 408(n)(4). the requestor, taking into account Reduction Act (PRA), 44 U.S.C. 3501 et XII. Submission to Congress and the uncontested claims or facts to the seq., or impose any enforceable duty or Comptroller General contrary; and resolution of the factual contain any unfunded mandate as issues(s) in the manner sought by the described under Title II of the Unfunded The Congressional Review Act, 5 requestor would be adequate to justify Mandates Reform Act of 1995 (UMRA) U.S.C. 801 et seq., as added by the Small the action requested (40 CFR 178.32). (Public Law 104 –4). Nor does it require Business Regulatory Enforcement Fairness Act of 1996, generally provides X. References any prior consultation as specified by Executive Order 13084, entitled that before a rule may take effect, the 1. Fuchs, R.L. and Astwood, J.D. 1996. Consultation and Coordination with agency promulgating the rule must Allergenicity assessment of foods Indian Tribal Governments (63 FR submit a rule report, which includes a derived from genetically modified 27655, May 19, 1998); special copy of the rule, to each House of the plants. Food Technology 50: 83–88. considerations as required by Executive Congress and to the Comptroller General 2. Gilissen, L. J. W., P. L. J. Metz, W. Order 12898, entitled Federal Actions to of the United States. EPA will submit a J. Stiekema and J. P. Nap. 1998. Address Environmental Justice in report containing this rule and other Biosafety of E. coli b-glucuronidase Minority Populations and Low-Income required information to the U.S. Senate, (GUS) in plants. Trans. Res. 7:157–163. Populations (59 FR 7629, February 16, the U.S. House of Representatives, and the Comptroller General of the United 3. Hawkesworth, G., B.S. Draser and 1994); or require OMB review or any States prior to publication of this final M.J. Hill. 1971. Intestinal bacteria and Agency action under Executive Order rule in the Federal Register. This final the hydrolysis of glycosidic bonds. J. 13045, entitled Protection of Children rule is not a ‘‘major rule’’ as defined by Med. Microbiol. 4:451–9. from Environmental Health Risks and 5 U.S.C. 804(2). 4. Hodal, L. A. Bochardt, J.E. Nielsen, Safety Risks (62 FR 19885, April 23, O. Mattsson, and F.T. Okk. 1992. 1997). This action does not involve any List of Subjects in 40 CFR Part 180 technical standards that would require Detection, expression and specific Environmental protection, Agency consideration of voluntary elimination of endogenous b- Administrative practice and procedure, consensus standards pursuant to section glucuronidase activity in transgenic and Agricultural commodities, Pesticides 12(d) of the National Technology non-transgenic plants. Plant Science. and pests, Reporting and recordkeeping Transfer and Advancement Act of 1995 87:115–22. requirements. 5. Jefferson, R.A. and K.J. Wilson. (NTTAA), Public Law 104–113, section 1991. The GUS gene fusion system. 12(d) (15 U.S.C. 272 note). Since Dated: July 11, 2001. Plant Mol. Biol. Manual B14:1–33. tolerances and exemptions that are established on the basis of a petition Marcia E. Mulkey, 6. Jefferson, R. A., T. A. Kavanagh, under FFDCA section 408(d), such as Director, Office of Pesticide Programs. and M. W. Bevan. 1986. B- the exemption in this final rule, do not Therefore, 40 CFR chapter I is Glucuronidase from Escherichia coli as require the issuance of a proposed rule, amended as follows: a gene-fusion marker. Proc. Natl. Acad. the requirements of the Regulatory Sci. USA 83: 8447–8451. Flexibility Act (RFA) (5 U.S.C. 601 et PART 180—[AMENDED] 7. Levvy, G.A. and C.A. Marsh. 1959. seq.) do not apply. In addition, the Preparation and properties of b- 1. The authority citation for part 180 Agency has determined that this action continues to read as follows: glucuronidase. Adv. Carbohydrate will not have a substantial direct effect Chem. 14:381–428. on States, on the relationship between Authority: 21 U.S.C. 321(q), 346(a) and 371. 8. Schulz, M. and G. Weissenbock. the national government and the States, 1987. Dynamics of the tissue-specific or on the distribution of power and 2. Section 180.1216 is added to metabolism of lutolin glucuronides in responsibilities among the various subpart D to read as follows: the mesophyll of rye primary leaves levels of government, as specified in § 180.1216 B-D-glucuronidase from E. coli (Secale cereale) Z. Naturforsh. 43c: 187– Executive Order 13132, entitled and the genetic material necessary for its 93. Federalism (64 FR 43255, August 10, production as a plant-pesticide inert 9. Wozniak, C.A. and L.D. Owens. 1999). Executive Order 13132 requires ingredient; exemption from the requirement 1994. Native B-glucuronidase activity in EPA to develop an accountable process of a tolerance. sugarbeet (Beta vulgaris). Physiol. Plant. to ensure ‘‘meaningful and timely input An exemption from the requirement 90: 763–771. by State and local officials in the of a tolerance is established for residues 10. Kough, J. 2001. Note to file: Safety development of regulatory policies that of B-D-glucuronidase from E. coli and assessment of B-glucuronidase as a have federalism implications.’’ ‘‘Policies the genetic material necessary for its worker gene/inert ingredient. that have federalism implications’’ is production when used as a plant-
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pesticide inert ingredient in or on all testing of cleaner, cheaper, and smarter for the copper metallization process at food commodities. Genetic material ways to attain environmental results the IBM Vermont facility from the F006 necessary for the production means superior to those achieved under hazardous waste listing description. both: Genetic material that encodes a current regulations and policies, in This rule was promulgated pursuant to substance or leads to the production of conjunction with greater accountability non-HSWA authority. Since Vermont a substance; and regulatory regions. It to stakeholders. has received authority to implement does not include non-coding, non- DATES: This Final authorization will non-HSWA regulations that specifically expressed nucleotide sequences. become effective on October 15, 2001 identify hazardous wastes by listing Regulatory region means genetic unless EPA receives adverse written them, the rule to modify the listing for material that controls the expression of comments by September 17, 2001. If F006 would not be effective until the genetic material that encodes a EPA receives such comments, it will Vermont adopted the modification. pesticidal substance or leads to the publish a timely withdrawal of this Vermont adopted the rule on March 15, production of a pesticidal substance. immediate final rule in the Federal 2001 and applied for Final authorization Examples of regulatory regions include, Register and inform the public that this on April 10, 2001. but are not limited to, promoters, authorization will not take immediate B. What Decisions Have We Made in enhancers, and terminators. effect. this Rule? [FR Doc. 01–20665 Filed 8–15–01; 8:45 a.m.] ADDRESSES: Send written comments to BILLING CODE 6560–50–S Robin Biscaia, Hazardous Waste Unit, We conclude that Vermont’s EPA New England, One Congress Street, application to revise its authorized Suite 1100 (CHW), Boston, MA 02114– program meets all of the statutory and ENVIRONMENTAL PROTECTION 2023; Phone number: (617) 918–1648. regulatory requirements established by AGENCY You can view and copy materials RCRA. Therefore, we grant Vermont submitted by Vermont during normal Final authorization to operate its 40 CFR Part 271 business hours at the following hazardous waste program with the [FRL—7029–1] locations: EPA New England Library, changes described in the authorization One Congress Street, Suite 1100 (LIB), application. Vermont has responsibility Vermont: Final Authorization of State Boston, MA 02114–2023; Phone for permitting Treatment, Storage, and Hazardous Waste Management number: (617) 918–1990; Business Disposal Facilities (TSDFs) within its Program Revision hours: 9:00 A.M. to 4:00 P.M.; or the borders and for carrying out the aspects Agency of Natural Resources, 103 South of the RCRA program described in its AGENCY: Environmental Protection revised program application, subject to Agency (EPA). Main Street—West Office Building, Waterbury, VT 05671–0404; Phone the limitations of the Hazardous and ACTION: Immediate final rule. number: (802) 241–3888; Business Solid Waste Amendments of 1984 SUMMARY: Vermont has applied to EPA hours: 7:45 A.M. to 4:30 P.M. (HSWA). for Final authorization of a revision to FOR FURTHER INFORMATION CONTACT: C. What Is the Effect of Today’s its hazardous waste program under the Robin Biscaia, EPA New England, One Authorization Decision? Resource Conservation and Recovery Congress Street, Suite 1100 (CHW), Act (RCRA). EPA has determined that Boston, MA 02114–2023; Phone The effect of this decision is that the the revision satisfies all requirements number: (617) 918–1642. IBM semiconductor manufacturing site, needed to qualify for Final SUPPLEMENTARY INFORMATION: subject to RCRA, in Essex Junction, authorization, and is authorizing the Vermont will now have to comply with State’s revision through this immediate A. Why Are Revisions to State the authorized State requirements in final action. EPA is publishing this rule Programs Necessary? lieu of Federal requirements in order to to authorize the revision without a prior States which have received final comply with RCRA. Vermont has proposal because we believe this action authorization from EPA under RCRA enforcement responsibilities under its is not controversial and do not expect section 3006(b), 42 U.S.C. 6926(b), must state hazardous waste program for comments that oppose it. Unless we maintain a hazardous waste program violations of such program, but EPA receive written comments which oppose that is equivalent to, consistent with, retains its full authority under RCRA this authorization during the comment and no less stringent than the Federal sections 3007, 3008, 3013, and 7003. period, the decision to authorize program. As the Federal program This action does not impose Vermont’s revision to its hazardous changes, States must change their additional requirements on the IBM waste program will take effect as programs and ask EPA to authorize the Essex Junction facility because the provided below. If we receive comments changes. Changes to State programs may regulation for which Vermont is being that oppose this action, we will publish be necessary when Federal or State authorized by today’s action is already a document in the Federal Register statutory or regulatory authority is effective under state law, and is not withdrawing this rule before it takes modified or when certain other changes changed by today’s action. effect, and the separate document in the occur. Most commonly, States must D. Why Wasn’t There a Proposed Rule proposed rules section of this Federal change their programs because of Before Today’s Rule? Register will serve as the proposal to changes to EPA’s regulations in 40 Code authorize the changes. of Federal Regulations (CFR) parts 124, EPA did not publish a proposal before The rulemaking for which Vermont is 260 through 266, 268, 270, 273 and 279. today’s rule because we view this as a being authorized stems from the EPA On September 12, 2000 (65 FR 59955) non-controversial program change and Project XL initiative. Project XL, which EPA published a final rule for the do not expect comments that oppose stands for ‘‘eXcellence and Leadership,’’ Project XL Site-Specific Rulemaking for this approval. We are providing an is a national initiative that tests the IBM Semiconductor Manufacturing opportunity for public comment now. In innovative ways of achieving better and Facility in Essex Junction, Vermont. In addition to this rule, in the proposed more cost-effective public health and this rule, EPA promulgated a site- rules section of today’s Federal Register environmental protection. It encourages specific exemption in 40 CFR 261.4(b) we are publishing a separate document
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that proposes to authorize the state that oppose this action, that Vermont’s affects the IBM facility in Essex program changes. hazardous waste program revision Junction, VT, and it is not a small entity. satisfies all of the requirements Accordingly, I certify that this action E. What Happens if EPA Receives necessary to qualify for Final will not have a significant economic Comments That Oppose This Action? authorization. Therefore, we grant impact on a substantial number of small If EPA receives comments that oppose Vermont Final authorization for the entities under the Regulatory Flexibility this authorization, we will withdraw following program changes: Act (5 U.S.C. 601 et seq.). Because this this rule by publishing a document in action is applicable only to one facility the Federal Register before the rule Description of Federal require- Analogous in Vermont, EPA has determined that becomes effective. EPA will base any ment State au- this rule contains no regulatory thority 1 further decision on the authorization of requirements that might significantly or the state program change on the 65 FR 59955, September 12, uniquely affect small governments, as proposal mentioned in the previous 2000: Project XL Site-specific described in the Unfunded Mandates paragraph. We will then address all Rulemaking for the IBM Reform Act of 1995 (Pub. L. 104–4). public comments in a later final rule. Semiconductor Manufac- There are no communities of Indians You may not have another opportunity turing Facility in Essex Junc- tribal governments located in Vermont. to comment. If you want to comment on tion, VT ...... 7–203(v) Accordingly, the requirements of this authorization, you must do so at 1 Hazardous Waste Management Regula- section 3(b) of Executive Order 13084 this time. tions, effective March 15, 2001. do not apply to this action. This action If we receive comments that oppose will not have substantial direct effects H. Where Are the Revised State Rules only the authorization of a particular on the States, on the relationship Different from the Federal Rules? change to the State hazardous waste between the national government and program, we will withdraw that part of There are no differences between the the States, or on the distribution of this rule but the authorization of the Federal rule and the revised state rule. power and responsibilities among the program changes that the comments do various levels of government, as not oppose will become effective on the I. Who Handles Permits After the Authorization Takes Effect? specified in Executive Order 13132 (64 date specified above. The Federal FR 43255, August 10, 1999), because it Register withdrawal document will Vermont will issue permits for all the merely authorizes state requirements as specify which part of the authorization provisions for which it is authorized part of the State RCRA hazardous waste will become effective, and which part is and will administer the permits it program without altering the being withdrawn. issues. EPA will not issue any more new relationship or the distribution of power permits or new portions of permits for F. What Has Vermont Previously been and responsibilities established by the provisions listed in the Table above Authorized for? RCRA. This action also is not subject to after the effective date of this Vermont initially received Final Executive Order 13045 (62 FR 19885, authorization. EPA will continue to April 23, 1997), because it is not authorization on January 7, 1985, implement and issue permits for HSWA effective January 21, 1985 (50 FR 775) economically significant and it does not requirements for which Vermont is not make new decisions based on to implement the RCRA hazardous yet authorized. waste management program. The Region environmental health or safety risks. published an immediate final rule for J. What Is Codification and Is EPA Under RCRA 3006(b), EPA grants a certain revisions to Vermont’s program Codifying Vermont’s Hazardous Waste State’s application for authorization as on May 3, 1993 (58 FR 26242) and Program as Authorized in this Rule? long as the State meets the criteria reopened the comment period for these Codification is the process of placing required by RCRA. It would thus be revisions on June 7, 1993 (58 FR 31911). the State’s statutes and regulations that inconsistent with applicable law for The authorization became effective comprise the State’s authorized EPA, when it reviews a State August 6, 1993 (58 FR 31911). The hazardous waste program into the Code authorization application, to require the Region granted authorization for further of Federal Regulations. We do this by use of any particular voluntary revisions to Vermont’s program on referencing the authorized State rules in consensus standard in place of another September 24, 1999 (64 FR 51702), 40 CFR part 272. EPA is authorizing but standard that otherwise satisfies the effective November 23, 1999. On not codifying Vermont’s updated requirements of RCRA. Thus, the October 18, 1999 (64 FR 56174) the program at this time. We reserve the requirements of section 12(d) of the Region published a correction to the amendment of 40 CFR part 272, subpart National Technology Transfer and immediate final rule published on UU for this State program until a later Advancement Act of 1995 (15 U.S.C. September 24, 1999, with the effective date. 272 note) do not apply. As required by date of November 23, 1999. The Region section 3 of Executive Order 12988 (61 K. Administrative Requirements granted authorization for further FR 4729, February 7, 1996), in issuing revisions to Vermont’s program on The Office of Management and Budget this rule, EPA has taken the necessary October 26, 2000 (65 FR 65164), has exempted this action from the steps to eliminate drafting errors and effective December 26, 2000. requirements of Executive Order 12866 ambiguity, minimize potential litigation, (58 FR 51735, October 4, 1993), and and provide a clear legal standard for G. What Changes Are We Authorizing therefore this action is not subject to affected conduct. EPA has complied With Today’s Action? review by OMB. with Executive Order 12630 (53 FR On April 10, 2001 in accordance with This action authorizes state 8859, March 15, 1988) by examining the 40 CFR 271.21(h), Vermont submitted a requirements for the purpose of RCRA takings implications of the rule in final complete program revision 3006 and imposes no additional accordance with the Attorney General’s application seeking authorization for its requirements beyond those imposed by Supplemental Guidelines for the revision adopted March 15, 2001. We state law. This rule will not have a Evaluation of Risk and Avoidance of now make an immediate final decision, significant impact on a substantial Unanticipated Takings issued under the subject to receipt of written comments number of small entities because it only executive order. This rule does not
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impose an information collection The Coast Guard amends the regulations revising its drug testing regulations burden under the provisions of the on Marine Casualties and Investigations affected by Part 40. Since the DOT rule Paperwork Reduction Act of 1995 (44 and Chemical Testing by removing is effective on August 1, 2001, we are U.S.C. 3501 et seq.). obsolete sections and sections making this final rule effective on the The Congressional Review Act, 5 duplicating the DOT regulations; adding date of publication to ensure that these U.S.C. 801 et seq., as added by the Small new definitions; and incorporating new ‘‘conforming amendments’’ are effective Business Regulatory Enforcement terms and procedures contained in the as soon as possible. For these reasons, Fairness Act of 1996, generally provides DOT final rule. under 5 U.S.C. 553(b)(3) the Coast that before a rule may take effect, the DATES: This final rule is effective August Guard finds good cause to make this agency promulgating the rule must 16, 2001. rule effective in fewer than 30 days after submit a rule report, which includes a ADDRESSES: Comments and material publication in the Federal Register. copy of the rule, to each House of the received from the public, as well as This preamble discusses the revisions Congress and to the Comptroller General documents mentioned in this preamble to Coast Guard chemical testing of the United States. EPA will submit a as being available in the docket, are part regulations to ensure consistency with report containing this document and of docket USCG–2000–7759 and are the DOT final rule. other required information to the U.S. available for inspection or copying at Discussion of Comments and Changes Senate, the U.S. House of the Docket Management Facility, U.S. The Coast Guard is revising its Representatives, and the Comptroller Department of Transportation, room PL– General of the United States prior to chemical drug testing regulations to 401, 400 Seventh Street SW., conform with the Department of publication in the Federal Register. A Washington, DC, between 9 a.m. and 5 major rule cannot take effect until 60 Transportation’s (DOT) final rule on p.m., Monday through Friday, except drug testing procedures in 49 CFR part days after it is published in the Federal Federal holidays. You may also find this Register. This action is not a ‘‘major 40. We are revising 46 CFR parts 4, 5, docket on the Internet at http:// and 16 by removing obsolete sections rule’’ as defined by 5 U.S.C. 804(2). This dms.dot.gov. action, nevertheless, will be effective and sections duplicating the DOT sixty (60) days after publication FOR FURTHER INFORMATION CONTACT: If regulations; adding new definitions pursuant to the procedures governing you have questions on this rule, call required by the DOT regulations; and immediate final rules. LCDR Scott Budka, Coast Guard, at 202– modifying existing text to incorporate 267–2026. If you have questions on new terms and procedures contained in List of Subjects in 40 CFR Part 271 viewing the docket, call Dorothy Beard, the DOT procedural requirements. Environmental protection, Chief, Dockets, Department of Some new DOT requirements, such as Administrative practice and procedure, Transportation, at 202–366–5149. the requirement for split specimens, are Confidential business information, SUPPLEMENTARY INFORMATION: implemented without a revision or conforming amendment to our Hazardous waste, Hazardous waste Regulatory History transportation, Intergovernmental regulations. In this case, the relations, Penalties, Reporting and On April 30, 2001, the Coast Guard requirement is in 49 CFR part 40, and Recordkeeping requirements. published a notice of proposed our regulations require employers to rulemaking NPRM entitled Chemical follow the procedures in that part when Authority: This action is issued under the Testing in the Federal Register (66 FR authority of sections 2002(a), 3006 and conducting required chemical tests for 7004(b) of the Solid Waste Disposal Act as 21502). On the same day, DOT dangerous drugs. amended 42 U.S.C. 6912(a), 6926, 6974(b). published a common preamble (66 FR The DOT rule includes new 21492) in the Federal Register as qualification and training requirements Dated: July 17, 2001. referred to in our NPRM. In our NPRM for Medical Review Officers (MROs) and Carl Dierker, we proposed amendments that Substance Abuse Professionals (SAPs). Acting Regional Administrator, EPA New conformed our drug testing regulations The Coast Guard is not changing the England. with the Department of Transportation’s ability of the MRO to perform a dual [FR Doc. 01–20046 Filed 8–15–01; 8:45 am] (DOT) final rule entitled Procedures for MRO/SAP function in the return-to-duty BILLING CODE 6560–50–P Transportation Workplace Drug and decision process. However, where an Alcohol Testing published in the individual performs both SAP and MRO Federal Register (December 19, 2000 (65 functions, Part 40 requires the DEPARTMENT OF TRANSPORTATION FR 79462)). No public hearing was individual to meet the qualification and requested and none was held. training requirements for individuals Coast Guard performing each of these functions. Background and Purpose Another DOT change, the minimum 46 CFR Parts 4, 5, and 16 As discussed above, DOT published a number of follow-up drug tests required [USCG–2000–7759] comprehensive revision to their drug during the first year after return to work and alcohol testing procedural rules (49 in a safety-sensitive position, requires a RIN 2115–AG00 CFR Part 40). The DOT final rule makes conforming amendment to add this numerous changes in the way that drug requirement to our existing regulatory Chemical Testing and alcohol testing will be conducted. text. AGENCY: Coast Guard, DOT. The DOT final rule is effective on The following is a discussion of the ACTION: Final rule. August 1, 2001. comments received addressing the Coast It is important that the six DOT Guard’s NPRM published in the Federal SUMMARY: The Coast Guard revises its agency rules that cover specific Register (April 30, 2001 (66 FR 21502)), chemical drug testing regulations to transportation industries be consistent as well as a discussion of how the Coast conform with the Department of with the DOT final rule to avoid Guard has revised its regulations to Transportation’s (DOT) final rule on duplication, conflict, or confusion conform to DOT’s final rule. drug testing procedures published in the among DOT regulatory requirements. In response to the NPRM published Federal Register on December 19, 2000. For these reasons, the Coast Guard is on April 30, 2001, we received a total
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of 48 comment letters to the docket. The the individual fails to appear for it applying these requirements to foreign- comment period closed on June 29, without a legitimate reason for missing flagged vessels the Coast Guard would 2001. Twenty of the 48 comment letters the scheduled testing time. The create an unfair economic advantage for received are not specifically discussed Department’s provision adequately those vessels over U.S.-flagged vessels. in this final rule because they were meets our needs on this issue and we These issues were addressed when Part received after the close of the comment are not incorporating the suggested 16 was established. Foreign-flagged period. We have reviewed the issues provision in our final rule. vessels must meet the requirements of presented in those 20 letters, however, 46 CFR subpart 4.06 Mandatory 46 CFR Part 4 and note that they address substantially Chemical Testing Following Serious the same issues raised in the 28 We received only one comment Marine Incidents Involving Vessels in comment letters received during the addressing several issues in our Commercial Service as well as 33 CFR comment period. proposed amendments to part 4. The part 95 Operating a Vessel While Several of the comment letters comment suggested that we: Intoxicated. • addressed issues that concern the Remove paragraph § 4.06–1(f) Definitions. We received one requirements in 49 CFR part 40. All of because we no longer need an comment requesting a revision of our these comments concentrated on implementation schedule. The Coast definition of ‘‘Refuse to submit.’’ The discussions, analyses, and regulations Guard agrees and is removing the comment requested that we clarify in published in DOT’s final rule and did paragraph. • the definition that the specific gravity not address our NPRM. Copies of these Revise the testing requirements and creatinine levels would not be used comments were forwarded to DOT for found in §§ 4.06–5, 4.06–10, 4.06–20, to determine whether or not a inclusion in their docket and are and 4.06–30. In the NPRM we only substituted sample has been submitted. discussed in the DOT common proposed amending § 4.06–20. We do The Coast Guard disagrees with this preamble published in Part II of the not agree that the recommended request for clarification. Part 40 August 9, 2001 Federal Register. changes to these sections are adequately prescribes the verification In addition to having received appropriate at this time, but will process in § 40.145. comments that directly addressed Part consider making them in our next New sections. We received two 40, we also received five comments that rulemaking on alcohol testing comments requesting a Coast Guard discussed Coast Guard implementation requirements. This rule only changes blanket approval for stand-downs for of specific DOT alcohol testing the cross-references in § 4.06–20. the marine industry. We disagree. DOT regulations. DOT alcohol testing • Make a couple of changes to § 4.06– has determined that stand-down after a requirements published in their 40 by removing paragraph (a) and by positive drug test should be the December 19, 2000, final rule do not removing the cross-reference to § 4.06– exception and not the industry norm. In apply to the maritime industry. The 30 in paragraph (b). The comment stated § 16.107 Waivers, we have established a alcohol testing requirements that the that Part 40 provided ample guidance process for employers to request maritime industry must comply with are on the custody and shipping of testing approval to use stand-down procedures found in 46 CFR subpart 4.06 and 33 samples. We are not removing while employee drug test results are CFR part 95. paragraph (a) because its provisions being verified. We received two comments apply to tests not otherwise covered by We proposed adding § 16.109 requesting that we postpone our 49 CFR Part 40. However, we concur describing DOT’s new Public Interest implementation date. DOT is not with the suggestion to revise the cross- Exclusion (PIE) in 49 CFR Part 40, delaying any of their final rule reference in paragraph (b) to conform subpart R. We did not receive comments provisions. Consequently, we are going with Part 40. forward with our conforming • In § 4.06–50, replace paragraphs (a), addressing this proposed change and it amendments. If there are future changes (b), and (c) with one provision for is unchanged in this final rule. to Part 40 we will make appropriate specimen analysis and follow-up testing We are adding § 16.115 Penalties. to revisions to our chemical testing procedures that comply with Part 40. better inform the public of the penalties requirements. We agree that this section needed to be prescribed by 46 U.S.C. 2115 for We received one comment requesting revised but only so that it meets the violation of dangerous drug and alcohol clarification on who bears the cost of requirement to comply with Part 40. We testing regulations. We did not receive additional testing of a split specimen have, therefore, changed only the cross- any comments addressing the addition and return-to-duty testing. More reference in paragraph (b). of this section. However, one specifically, the commenter wanted to commenter suggested we should know who pays for the additional drug 46 CFR Part 5 include a consequence for a refusal to tests. The Coast Guard and DOT Table 5.569. We proposed a test. This suggestion is beyond the scope regulations leave these determinations clarification to the Table of Appropriate of this rulemaking. to the employee and the employer. Orders in § 5.569 to distinguish between Revisions to § 16.201 Application. In Another comment requested that we a Chemical test for dangerous drugs and § 16.201 we are revising paragraph (a) allow Consortium/Third party one for alcohol, because Part 40 treats by requiring all chemical drug tests to administrators (C/TPAs) to make refusal them separately. We did not receive any be conducted in accordance with the to test determinations for an owner or comments addressing this proposed procedures found in 49 CFR Part 40. We operator or other self-employed change and it is unchanged in this final are revising paragraph (c) to require a individuals in accordance with Part 40. rule. sponsoring organization, like employers DOT addressed this determination issue and prospective employers, to report a in the common preamble. In 49 CFR 46 CFR Part 16 documented or licensed mariner’s 40.355(j)(1) DOT authorizes service The majority of comments were positive chemical drug test to the agents to make refusal determinations directed to 46 CFR Part 16. We received nearest Coast Guard Officer in Charge, with respect to owners or operators and six comments concerning the Marine Inspection. We are updating the other self-employed individuals when inapplicability of Part 16 to foreign- cross-reference to § 16.370 in paragraph the service agent scheduled the test and flagged vessels. They stated that by not (e) of this section.
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We are adding paragraph § 16.201(f) needed in Part 16. We have removed the Assistance for Small Entities to this section, which was formerly unnecessary sections and moved the Under section 213(a) of the Small found at § 16.370(d). Paragraph (f) remaining paragraphs to appropriate Business Regulatory Enforcement requires an MRO to determine when an locations in Subparts A and B. Subpart Fairness Act of 1996 (Public Law 104– individual is ready to return to work C is removed and reserved. 121), we want to assist small entities in after testing positive and allows the Regulatory Evaluation understanding this final rule so that MRO to prescribe follow-up testing for they can better evaluate its effects on up to 60 months as appropriate. In order DOT has assessed the economic them and participate in the rulemaking. to ensure intermodal consistency, DOT impacts of this proposed rulemaking. If the rule would affect your small has prescribed a mandatory minimum business, organization, or governmental number of follow-up tests after return to Because this final rule makes conforming changes to align Coast jurisdiction and you have questions work. We are revising this paragraph to concerning its provisions or options for include the new DOT requirement for a Guard regulations with the revised 49 CFR Part 40, DOT determined that it has compliance, please consult LCDR Scott minimum of 6 follow-up drug tests Budka, Coast Guard, telephone 202– during the first year after an individual no additional costs to industry. Their analysis is published in their December 267–2026. returns to work. This new requirement Small businesses may send comments will be in addition to all other Coast 19, 2000, final rule, Procedures for on the actions of Federal employees Guard requirements for rehabilitation Transportation Workplace Drug and who enforce, or otherwise determine and education following a positive drug Alcohol Testing Programs (OST 1999– compliance with, Federal regulations to test. 6578). the Small Business and Agriculture Revisions to § 16.203 Employer, MRO, Analyses Under Other Executive Orders Regulatory Enforcement Ombudsman and SAP responsibilities. We are adding and the Regional Small Business § 16.203 to set out the Coast Guard’s DOT also found no significant impact Regulatory Fairness Boards. The requirements that maritime employers, that would warrant further analysis of Ombudsman evaluates these actions MROs, and SAPs comply with 49 CFR this rulemaking in accordance to the annually and rates each agency’s Part 40. Small Business Regulatory Enforcement responsiveness to small business. If you Where an individual performs both Fairness Act of 1996, the Paperwork wish to comment on actions by SAP and MRO functions, Part 40 Reduction Act of 1995, Federalism employees of the Coast Guard, call 1– requires the individual to meet the 888–REG–FAIR (1–888–734–3247). qualification and training requirements impacts under Executive Order 13132, for individuals performing each of these the Unfunded Mandates Reform Act of Indian Tribal Governments functions. In our NPRM, we specifically 1995, Enhancing the Intergovernmental Partnership under Executive Order This rule does not have tribal requested that comments address how implications under Executive Order 12875, Taking of Private Property under we should implement this change in our 13175, Consultation and Coordination Executive Order 12630, Civil Justice rule. We also asked if an MRO should, with Indian Tribal Governments, Reform under Executive Order 12988, in order to perform SAP functions, meet because it does not have a substantial both the SAP and MRO training and the Protection of Children from direct effect on one or more Indian requirements or should the MRO Environmental Health Risks and Safety tribes, on the relationship between the training requirements satisfy the Risks under Executive Order 13045. Federal Government and Indian tribes, requirements for SAP training. We It is well settled that States are or on the distribution of power and received five comments on this precluded from regulation in categories responsibilities between the Federal question. The comments recommended that are reserved for regulation by the Government and Indian tribes. that the MRO meet the training and Coast Guard. It is also well settled, now, Energy Effects qualification standards of a SAP if the that all of the categories covered in 46 MRO is to be responsible for filling the U.S.C. 3306, 3703(a), 7101 and 8101 We have analyzed this rule under role of a SAP. We agree and have added (design, construction, repair, alteration, Executive Order 13211, Actions paragraphs (d) and (f) accordingly. maintenance, operation, equipping, Concerning Regulations That Paragraph (d) sets out the Coast Guard’s personnel qualification and manning of Significantly Affect Energy Supply, training and procedure requirements for vessels) as well as casualty reporting Distribution, or Use. We have MROs whereas paragraph (f) sets out the and any other categories where Congress determined that it is not a ‘‘significant same requirements for SAPs. We also intended the Coast Guard to be the sole energy action’’ under that order because are adding a new definition for it is not a ‘‘significant regulatory action’’ source of a vessel’s obligations are ‘‘Substance Abuse Professionals (SAP)’’ under Executive Order 12866 and is not within the field foreclosed from State in section § 16.105. likely to have a significant adverse effect regulation. (See the decision of the We are adding paragraph (e) to this on the supply, distribution, or use of Supreme Court in the consolidated section to clarify our position on energy. It has not been designated by the Medical Review Officer (MRO) reporting cases of United States v. Locke and Administrator of the Office of of test results. Medical Review Officers Intertanko v. Locke, 529 U.S. 89, 120 Information and Regulatory Affairs as a are not prohibited from reporting S.Ct 1135 (March 6, 2000)). Rules significant energy action. Therefore, it positive test results to the Coast Guard. regarding drug and alcohol testing for does not require a Statement of Energy Some MROs are currently doing so. The merchant marine personnel fall into the Effects under Executive Order 13211. Coast Guard affirms that MROs are covered category of personnel encouraged to report positive test results certification rules, with the Coast Guard Environment especially for unemployed or self- intended to be the sole source of those We considered the environmental employed mariners. rules, thereby precluding States from impact of this proposed rule and Deletion of Subpart C. Most of the regulation. Because States may not concluded that, under figure 2–1, requirements in Subpart C are now promulgate rules within these paragraphs (34)(a), of Commandant covered in detail by the revised 49 CFR categories, preemption is not an issue Instruction M16475.lC, this rule is Part 40 and these sections are no longer under Executive Order 13132. categorically excluded from further
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environmental documentation. The PART 5—MARINE INVESTIGATION chemical test conducted in accordance proposed rule would be promulgated to REGULATIONS—PERSONNEL ACTION with 49 CFR 40 was reported as comply with new DOT regulations. The ‘‘positive’’ by a Medical Review Officer promulgation of new regulations by the 6. The citation of authority for part 5 because the chemical test indicated the Coast Guard would be editorial or continues to read as follows: presence of a dangerous drug at a level procedural in nature. A ‘‘Categorical Authority: 46 U.S.C. 2103, 7101, 7301, and equal to or exceeding the levels Exclusion Determination’’ is available in 7701; 49 CFR 1.46. established in 49 CFR part 40. the docket where indicated under 7. In § 5.569 in Table 5.569 revise the * * * * * ADDRESSES. entry for ‘‘Violation of Regulation:’’ to Medical Review Officer (MRO) means List of Subjects read as follows: a person who is a licensed physician § 5.569 Selection of an appropriate order. and who is responsible for receiving and 46 CFR Part 4 reviewing laboratory results generated * * * * * by an employer’s drug testing program Administrative practice and and evaluating medical explanations for procedure, Alcohol abuse, Drug abuse, TABLE 5.569.—SUGGESTED RANGE OF certain drug test results. Drug testing, Investigations, Marine AN APPROPRIATE ORDER safety, National Transportation Safety * * * * * Board, Nuclear vessels, Reporting and Range Refuse to submit means you refused to take a drug test as set out in 49 CFR recordkeeping requirements, Safety, Type of offense of order Transportation. (in 40.191. months) * * * * * 46 CFR Part 5 Service agent means any person or Administrative practice and *****entity that provides services specified procedure, Alcohol abuse, Drug abuse, Violation of Regulation: under this part or 49 CFR part 40 to Investigations, Seamen. Refusal to take chemical drug employers and/or crewmembers in test ...... 12–24 connection with DOT drug and alcohol 46 CFR Part 16 Refusal to take required alcohol testing requirements. This includes, but test ...... 12–24 Drug testing, Marine safety, Penalties, is not limited to, collectors, BATs and Reporting and recordkeeping *****STTs, laboratories, MROs, substance requirements, Safety, Transportation. abuse professionals, and C/TPAs. To act as service agents, persons and For the reasons discussed in the PART 16–CHEMICAL TESTING organizations must meet the preamble, the Coast Guard amends 46 qualifications set forth in applicable 8. The citation of authority for part 16 CFR Parts 4, 5, and 16 as follows: sections of 49 CFR part 40. Service continues to read as follows: agents are not employers for purposes of PART 4—MARINE CASUALTIES AND Authority: 46 U.S.C. 2103, 3306, 7101, this part. INVESTIGATIONS 7301, and 7701; 49 CFR 1.46. * * * * * 9. In § 16.105 remove the definitions Stand-down means the practice of 1. The citation of authority for part 4 for ‘‘Dangerous drug level’’, temporarily removing a crewmember continues to read as follows: ‘‘Intoxicant’’ and ‘‘Medical Review from the performance of safety-sensitive Officer’’, revise the definitions for ‘‘Fails Authority: 33 U.S.C. 1231; 43 U.S.C. 1333; functions based only on a report from a 46 U.S.C. 2103, 2306, 6101, 6301, 6305; 50 a chemical test for dangerous drugs’’ laboratory to the MRO of a confirmed U.S.C. 198; 49 CFR 1.46. Authority for and ‘‘Refuse to submit’’, and add in positive test for a drug or drug subpart 4.40: 49 U.S.C. 1903(a)(1)(E); 49 CFR alphabetical order definitions for metabolite, an adulterated test, or a 1.46. ‘‘Consortium/Third party administrator substituted test, before the MRO has (C/TPA)’’, ‘‘Medical Review Officer § 4.06–1 [Amended] completed verification of the test result. (MRO)’’, ‘‘Service agent’’, ‘‘Stand- Substance Abuse Professional (SAP) 2. In § 4.06–1 remove paragraph (f). down’’, and ‘‘Substance Abuse means a person who evaluates Professional (SAP)’’ to read as follows: § 4.06–20 [Amended] employees who have violated a DOT § 16.105 Definitions of terms used in this drug and alcohol regulation and makes 3. In § 4.06–20(b) remove the phrase part. recommendations concerning ‘‘§ 16.330 of this part’’ and add in its * * * * * education, treatment, follow-up testing, place ‘‘49 CFR part 40’’. Consortium/Third party administrator and aftercare. § 4.06–40 [Amended] (C/TPA) means a service agent who * * * * * provides or coordinates the provision of 10. Add § 16.107 to Subpart A to read 4. In § 4.06–40(b) revise the cross- a variety of drug and alcohol testing as follows: reference ‘‘§ 16.310 of this part’’ to read services to employers. C/TPAs typically as ‘‘§ 16.113 of this chapter’’, and revise perform administrative tasks concerning § 16.107 Waivers. the cross-reference ‘‘§ 16.320’’ to read as the operation of the employers’ drug (a) To obtain a waiver from 49 CFR ‘‘49 CFR part 40, subpart D,’’. and alcohol testing programs. This term 40.21 or from this part you must send includes, but is not limited to, groups of § 4.06–50 [Amended] your request for a waiver to the employers who join together to Commandant (G–MOA). 5. In § 4.06–50(b) in the first sentence administer, as a single entity, the DOT (b) Employers for whom compliance revise the cross-reference ‘‘49 CFR drug and alcohol testing programs of its with this part would violate the 40.33’’ to read as ‘‘49 CFR 40.121’’ and members. domestic laws or policies of another in the second sentence revise the cross- * * * * * country may request an exemption from reference ‘‘49 CFR 40.33’’ to read as ‘‘49 Fails a chemical test for dangerous the drug testing requirements of this CFR part 40, subpart G,’’. drugs means that the result of a part by submitting a written request to
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Commandant (G–MOA), at the address implement or conduct, or who (2) Employers are responsible for all listed in § 16.500(a). otherwise fails to comply with the the actions of their officials, (c) An employer may request a waiver requirements for chemical testing for representatives, and agents in carrying from the Coast Guard in order to stand- dangerous drugs as prescribed under out the requirements of this part. down a crewmember following the this part, is liable to the United States (3) All agreements and arrangements, Medical Review Officer’s receipt of a Government for a civil penalty of not written or unwritten, between and laboratory report of a confirmed positive more than $5,000 for each violation. test for a drug or drug metabolite, an Each day of a continuing violation will among employers and service agents adulterated test, or a substituted test constitute a separate violation. concerning the implementation of DOT pertaining to the crewmember. 14. In § 16.201 revise paragraphs (a), drug testing requirements are deemed, Consistent with 49 CFR 40.21, the (c), and (e), and add paragraph (f) to as a matter of law, to require compliance request for a waiver must include as a read as follows: with all applicable provisions of this minimum: Information about the part and DOT agency drug testing organization and the proposed written § 16.201 Application. regulations. Compliance with these company policy concerning stand- (a) Chemical testing of personnel must provisions is a material term of all such down. Specific elements required in the be conducted as required by this subpart agreements and arrangements. and in accordance with the procedures written waiver request are contained in (b) Medical Review Officer (MRO). (1) detailed in 49 CFR part 40. 49 CFR 40.21(c). Individuals performing MRO functions 11. Add § 16.109 to Subpart A to read * * * * * must meet the training requirements (c) If an individual holding a license, as follows: and follow the procedures in 49 CFR certificate of registry, or merchant Part 40. § 16.109 Public Interest Exclusion (PIE). mariner’s document fails a chemical test Service agents are subject to Public for dangerous drugs, the individual’s (2) MROs may report chemical drug Interest Exclusion (PIE) actions in employer, prospective employer, or test results to the Coast Guard for accordance with 49 CFR Part 40, subpart sponsoring organization must report the unemployed, self-employed, or R. The PIE is an action which excludes test results in writing to the nearest individual mariners. from participation in DOT’s drug and Coast Guard Officer in Charge, Marine (c) Substance Abuse Professional alcohol testing program any service Inspection (OCMI). The individual must (SAP). Individuals performing SAP be denied employment as a agent who, by serious noncompliance functions must meet the training crewmember or must be removed from with this part or with 49 CFR part 40, requirements and follow the procedures duties which directly affect the safe has shown that it is not currently acting in 49 CFR Part 40. in a responsible manner. operation of the vessel as soon as 12. Add § 16.113 to Subpart A to read practicable and is subject to suspension § 16.207 [Removed] as follows: and revocation proceedings against his or her license, certificate of registry, or 16. Remove § 16.207. § 16.113 Chemical drug testing. merchant mariner’s document under 46 17. In § 16.260 revise paragraph (a) to (a) Drug testing programs required by CFR part 5. read as follows: this part must be conducted in * * * * * accordance with 49 CFR part 40, (e) An individual who has failed a § 16.260 Records. Procedures for Transportation required chemical test for dangerous (a) Employers must maintain records Workplace Testing Programs. This drugs may not be re-employed aboard a of chemical tests as provided in 49 CFR subpart summarizes the responsibilities vessel until the requirements of of documented and licensed mariners, paragraph (f) of this section and 46 CFR 40.333 and must make these records marine employers, MRO, SAP and other Part 5, if applicable, have been satisfied. available to Coast Guard officials upon chemical testing service providers in 49 (f) Before an individual who has request. CFR part 40. The regulations in 49 CFR failed a required chemical test for * * * * * part 40 should be consulted to dangerous drugs may return to work determine the specific procedures aboard a vessel, the MRO must Subpart C—[Removed and Reserved] which must be established and utilized. determine that the individual is drug- Drug testing programs required by this free and the risk of subsequent use of 18. Remove and reserve Subpart C. part must use only drug testing dangerous drugs by that person is Dated: August 1, 2001. laboratories certified by the Department sufficiently low to justify his or her Paul J. Pluta, of Health and Human Services (DHHS). return to work. In addition, the (b) Each specimen collected in individual must agree to be subject to Rear Admiral, U.S. Coast Guard, Assistant accordance with this part will be tested, increased unannounced testing— Commandant for Marine Safety and as provided in 49 CFR 40.85, for the (1) For a minimum of six (6) tests in Environmental Protection. following: the first year after the individual returns [FR Doc. 01–20425 Filed 8–15–01; 8:45 am] (1) Marijuana; to work as required in 49 CFR part 40; BILLING CODE 4910–15–P (2) Cocaine; and (3) Opiates; (2) For any additional period as (4) Phencyclidine (PCP); and determined by the MRO up to a total of (5) Amphetamines. 60 months. 13. Add § 16.115 to Subpart A to read 15. Add § 16.203 to read as follows: as follows: § 16.203 Employer, MRO, and SAP § 16.115 Penalties. responsibilities. Violation of this part is subject to the (a) Employers. (1) Employers must civil penalties set forth in 46 U.S.C. ensure that they and their crewmembers 2115. Any person who fails to meet the requirements of this part.
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DEPARTMENT OF COMMERCE on August 8, 2001. This action is 2. On page 41455, under the DATES necessary because the fourth seasonal heading, line 3, ‘‘October 1, 2001’’ is National Oceanic and Atmospheric apportionment was inadvertently closed corrected to read ‘‘September 1, 2001.’’ Administration instead of the third seasonal 3. On page 41455, under apportionment of the 2001 Pacific SUPPLEMENTARY INFORMATION, the 50 CFR Part 679 halibut bycatch allowance specified for following corrections are made: the trawl shallow-water species fishery a. In column 2, paragraph 2 , lines 9 [Docket No. 010112013–1013–01; I.D. in the GOA. through 13 are corrected to read ‘‘FR 080301A] 17087, March 29, 2001, and 66 FR FOR FURTHER INFORMATION CONTACT: 37167, July 17, 2001) for the third Fisheries of the Exclusive Economic Mary Furuness, 907-586–7228. Zone Off Alaska; Shallow-water season, the period July 1, 2001, through Species Fishery by Vessels Using SUPPLEMENTARY INFORMATION: September 1, 2001, as 200 metric tons.’’ b. In column 3, line 1, ‘‘fourth’’ is Trawl Gear in the Gulf of Alaska; Correction Correction corrected to read ‘‘third’’. 4. On page 41455, under In the document closing directed AGENCY: National Marine Fisheries ‘‘Classification’’, line 7, ‘‘fourth’’ is fishing for the shallow-water species Service (NMFS), National Oceanic and corrected to read ‘‘third’’ and in line 10 with trawl gear, except for vessels Atmospheric Administration (NOAA), from the bottom of that paragraph, fishing for pollock using pelagic trawl Commerce. ‘‘fourth’’ is corrected to read ‘‘third’’. gear in those portions of the GOA open ACTION: Closure; correction. to directed fishing for trawl gear, Authority: 16 U.S.C. 1801 et seq. SUMMARY: This document corrects the published at 66 FR 41455, August 8, Dated: August 10, 2001. seasonal apportionment and effective 2001, FR Doc. 01–19894, the following Bruce C. Morehead, date of the closure for the shallow-water corrections are made: Acting Director, Office of Sustainable species fishery by vessels using trawl 1. On Page 41455, under the SUMMARY Fisheries, National Marine Fisheries Service. gear in the Gulf of Alaska (GOA), which heading, line 9, ‘‘fourth’’ is corrected to [FR Doc. 01–20650 Filed 8–15–01; 8:45 am] was published in the Federal Register read ‘‘third’’. BILLING CODE 3510–22–S
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Proposed Rules Federal Register Vol. 66, No. 159
Thursday, August 16, 2001
This section of the FEDERAL REGISTER Burlington, MA 01803–5299. Comments statement is made: ‘‘Comments to contains notices to the public of the proposed may also be sent via the Internet using Docket Number 2000–NE–50–AD.’’ The issuance of rules and regulations. The the following address: 9-ane- postcard will be date stamped and purpose of these notices is to give interested [email protected]’’. Comments sent returned to the commenter. persons an opportunity to participate in the via the Internet must contain the docket rule making prior to the adoption of the final Availability of NPRM’s rules. number in the subject line. Comments may be inspected at this location Any person may obtain a copy of this between 8:00 a.m. and 4:30 p.m., NPRM by submitting a request to the DEPARTMENT OF TRANSPORTATION Monday through Friday, except Federal FAA, New England Region, Office of the holidays. The service information Regional Counsel, Attention: Rules Federal Aviation Administration referenced in the proposed rule may be Docket No. 2000–NE–50–AD, 12 New obtained from Honeywell International, England Executive Park, Burlington, MA 14 CFR Part 39 Inc., Attn: Data Distribution, M/S 64–3/ 01803–5299. [Docket No. 2000–NE–50–AD] 2101–201, P.O. Box 29003, Phoenix, AZ Discussion 85038–9003; telephone: (602) 365–2493; The FAA has become aware of a RIN 2120–AA64 fax:(602) 365–5577. This information Lycoming former military T53 series may be examined at the FAA, New turboshaft engine, installed on a Bell Airworthiness Directives; Honeywell England Region, Office of the Regional Helicopter Textron manufactured UH– International, Inc., (formerly Counsel, 12 New England Executive 1L military surplus helicopter, that AlliedSignal, Inc., Textron Lycoming, Park, Burlington, MA. Avco Lycoming, and Lycoming) experienced low-cycle fatigue failure of Former Military T53 Series Turboshaft FOR FURTHER INFORMATION CONTACT: the centrifugal compressor impeller, Engines Robert Baitoo, Aerospace Engineer, Los resulting in an uncontained engine Angeles Aircraft Certification Office, failure. In May 1995, the FAA published AGENCY: Federal Aviation FAA, Transport Airplane Directorate, AD 95–10–04, dated May 25, 1995, to Administration, DOT. 3960 Paramount Blvd., Lakewood, CA revise operating cycle counts (prorate) ACTION: Notice of proposed rulemaking 90712–4137; telephone: (562) 627–5245, and require initial and repetitive (NPRM). fax: (562) 627–5210. inspections for cracks, for centrifugal SUPPLEMENTARY INFORMATION: compressor impellers, part numbers (P/ SUMMARY: The Federal Aviation Administration (FAA) proposes to adopt Comments Invited N’s) 1–100–78–07 and 1–100–078–08, a new airworthiness directive (AD) that installed on Lycoming former military Interested persons are invited to T5313B and T5317 series turboshaft is applicable to Honeywell participate in the making of the International, Inc., (formerly engines. Because centrifugal compressor proposed rule by submitting such impellers P/N’s 1–100–78–07 and 1– AlliedSignal, Inc., Textron Lycoming, written data, views, or arguments as Avco Lycoming, and Lycoming) former 100–078–08 are also installed on they may desire. Communications Lycoming former military T53 series military T53 series turboshaft engines should identify the Rules Docket engines, this proposal would require (herein referred to as Lycoming) having number and be submitted in triplicate to revising operating cycle counts (prorate) certain part numbers of centrifugal the address specified above. All and require initial and repetitive compressor impellers installed. This communications received on or before inspections for cracks for centrifugal proposal would require conducting a the closing date for comments, specified compressor impellers P/N’s 1–100–078– revised operating cycle count (prorate) above, will be considered before taking 07 and 1–100–078–08, installed on and initial and repetitive inspections for action on the proposed rule. The Lycoming former military T53 series cracks of those compressor impellers. proposals contained in this action may turboshaft engines. This proposal is This proposal is prompted by a report be changed in light of the comments prompted by a report of a military of a military surplus helicopter that received. surplus helicopter that experienced low- experienced low-cycle fatigue failure of Comments are specifically invited on cycle fatigue failure of the centrifugal the centrifugal compressor impeller, the overall regulatory, economic, compressor impeller, resulting in an resulting in an uncontained engine environmental, and energy aspects of uncontained engine failure. These failure. The actions specified by the the proposed rule. All comments impellers, if not inspected for cracks proposed AD are intended to prevent submitted will be available, both before using a revised cycle count could centrifugal compressor impeller failure, and after the closing date for comments, experience low-cycle fatigue failure, which can result in an uncontained in the Rules Docket for examination by resulting in an uncontained engine engine failure, in-flight engine interested persons. A report failure, in-flight shutdown, or damage to shutdown, or damage to the helicopter. summarizing each FAA-public contact the helicopter. DATES: Comments must be received by concerned with the substance of this October 15, 2001. proposal will be filed in the Rules Manufacturer’s Service Information ADDRESSES: Submit comments in Docket. The FAA has reviewed and approved triplicate to the Federal Aviation Commenters wishing the FAA to the technical contents of Honeywell Administration (FAA), New England acknowledge receipt of their comments International, Inc. Service Bulletins Region, Office of the Regional Counsel, submitted in response to this action (SB’s) T53–L–13B–0020, Revision 2, Attention: Rules Docket No. 2000–NE– must submit a self-addressed, stamped dated April 25, 2001; T53-L–13B/D– 50–AD, 12 New England Executive Park, postcard on which the following 0020, Revision 1, dated April 25, 2001;
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and T53–L–703–0020, Revision 1, dated various levels of government. subject to the requirements of this AD. For April 25, 2001; that describe procedures Accordingly, the FAA has not consulted engines that have been modified, altered, or for conducting a revised centrifugal with state authorities prior to repaired so that the performance of the compressor impeller operating cycle requirements of this AD is affected, the publication of this proposal. owner/operator must request approval for an count (prorate) of impellers P/N’s 1– For the reasons discussed above, I alternative method of compliance in 100–078–07 and 1–100–078–08. The certify that this proposed regulation (1) accordance with paragraph (e) of this AD. FAA has also reviewed and approved is not a ‘‘significant regulatory action’’ The request should include an assessment of the technical contents of AlliedSignal, under Executive Order 12866; (2) is not the effect of the modification, alteration, or Inc. SB’s T53–L–13B–0108, Revision 1, a ‘‘significant rule’’ under the DOT repair on the unsafe condition addressed by dated November 22, 1999; T53–L–13B/ Regulatory Policies and Procedures (44 this AD; and, if the unsafe condition has not D–0108, Revision 1, dated November 22, FR 11034, February 26, 1979); and (3) if been eliminated, the request should include specific proposed actions to address it. 1999; and T53–L–703–0108, Revision 1, promulgated, will not have a significant dated November 22, 1999; that describe economic impact, positive or negative, Compliance procedures for special visual and on a substantial number of small entities Compliance with this AD is required as fluorescent-penetrant inspections of under the criteria of the Regulatory indicated, unless accomplished previously. centrifugal compressor impellers P/N’s Flexibility Act. A copy of the draft To prevent centrifugal compressor impeller 1–100–078–07 and 1–100–078–08. regulatory evaluation prepared for this failure, which can result in an uncontained engine failure, in-flight engine shutdown, or Proposed Actions action is contained in the Rules Docket. A copy of it may be obtained by damage to the helicopter, accomplish the following: Since an unsafe condition has been contacting the Rules Docket at the identified that is likely to exist or location provided under the caption Centrifugal Compressor Impeller Revised develop on other engines of the same ADDRESSES. Operating Cycle Count type design, the proposed AD would (a) Within 25 operating cycles or 7 require initial and repetitive inspections List of Subjects in 14 CFR Part 39 calendar days, whichever occurs first, after of centrifugal compressor impellers, Air transportation, Aircraft, Aviation the effective date of this AD, do a revised using a revised cycle count. The actions safety, Safety. centrifugal compressor impeller operating would be required to be done in cycle count (prorate) in accordance with the accordance with the service bulletins The Proposed Amendment accomplishment instructions of Honeywell described previously. International, Inc. Service Bulletin (SB) No. Accordingly, pursuant to the T53–L–13B–0020, Revision 2, dated April 25, Economic Impact authority delegated to me by the 2001 for T53–L–13B Lycoming engines, SB Administrator, the Federal Aviation No. T53–L–13B/D–0020, Revision 1, dated The FAA estimates that there are Administration proposes to amend part April 25, 2001 for T53–L–13B/D Lycoming approximately 300 Lycoming former 39 of the Federal Aviation Regulations engines, and SB No. T53–L–703–0020, military T53 series turboshaft engines (14 CFR part 39) as follows: Revision 1, dated April 25, 2001 for T53–L– installed on helicopters of U.S. registry, 703 Lycoming engines. that would be affected by this proposed PART 39—AIRWORTHINESS (b) Following the revised operating cycle AD. The FAA also estimates that it DIRECTIVES count required by paragraph (a) of this AD, would take approximately 8 work hours remove from service installed centrifugal per engine to accomplish an initial or 1. The authority citation for part 39 compressor impellers that exceed their life continues to read as follows: limit or whose life cannot be determined, repetitive inspection of the centrifugal within 50 hours time-in-service (TIS), or 25 compressor impeller, and that the Authority: 49 U.S.C. 106(g), 40113, 44701. operating cycles, whichever occurs first and average labor rate is $60 per work hour. § 39.13 [Amended] replace with a serviceable part that does not No additional work hour cost would be exceed the life limit. incurred if the centrifugal compressor 2. Section 39.13 is amended by (c) Installation of uninstalled centrifugal impeller is replaced during normal adding the following new airworthiness compressor impellers that exceed their life engine disassembly. Based on these directive: limit, which is revised in accordance with paragraph (a) of this AD is prohibited. figures, the total labor cost impact of the Honeywell International, Inc. Docket 2000– proposed AD on U.S. operators for an NE–50–AD. Centrifugal Compressor Impeller Inspections inspection is estimated to be $144,000. Applicability (d) Following the revised operating cycle The FAA estimates that operators will count required by paragraph (a) of this AD, perform two inspections annually, and This airworthiness directive (AD) is inspect centrifugal compressor impellers, applicable to Honeywell International, Inc., part numbers (P/N’s) 1–100–078–07 and 1– that the total annual labor cost for (formerly AlliedSignal, Inc., Textron inspections is estimated to be $288,000. 100–078–08, in accordance with the Lycoming, Avco Lycoming, and Lycoming) accomplishment instructions of AlliedSignal, The cost of a replacement centrifugal (herein referred to as Lycoming) former compressor impeller is estimated to be Inc. SB No. T53–L–13B–0108, Revision 1, military T53–L–13B series, T53–L–13B/D dated November 22, 1999 for T53–L–13B $22,037. Assuming a loss of 50% of the series, and T53–L–703 series turboshaft Lycoming engines, SB No. T53–L–13B/D– life of each disk by the prorate, the total engines with centrifugal compressor 0108, Revision 1, dated November 22, 1999 annual cost of the proposed AD on U.S. impellers part numbers (P/N’s) 1–100–078– for T53–L–13B/D Lycoming engines, or SB operators is estimated to be $3,593,550. 07 or 1–100–078–08 installed. These No. T53–L–703–0108, Revision 1, dated Lycoming engines are installed on, but not November 22, 1999 for T53–L–703 Lycoming Regulatory Impact limited to, Bell Helicopter Textron engines, as follows: This proposal does not have manufactured AH–1, UH–1, and SW–204/205 (1) For centrifugal compressor impellers (UH–1) series surplus military helicopters federalism implications, as defined in with equal to or greater than 4,600 cycles-in- that have been certified in accordance with service (CIS), initially inspect within 200 CIS Executive Order 13132, because it §§ 21.25 or 21.27 of the Federal Aviation would not have a substantial direct after the effective date of this AD. regulations (14 CFR 21.25 or 21.27). (2) For those centrifugal compressor effect on the States, on the relationship Note 1: This AD applies to each engine impellers with less than 4,600 CIS, initially between the national government and identified in the preceding applicability inspect no later than 4,800 CIS. the States, or on the distribution of provision, regardless of whether it has been (3) Centrifugal compressor impellers found power and responsibilities among the modified, altered, or repaired in the area cracked must be removed from service prior
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to further flight and replaced with a District, 501 Magazine Street, New Commission has requested a change in serviceable part. Orleans, Louisiana 70130–3396, or the operating schedule of the dual (4) If no cracks are detected, perform deliver them to room 1313 at the same bridges to allow the draw to remain repetitive inspections of the centrifugal address above between 7 a.m. and 3 closed during peak vehicular traffic compressor impellers at intervals not to p.m., Monday through Friday, except periods. Approximately 15,000 vehicles exceed 500 CIS since last inspection. Federal holidays. The Commander, cross the dual bridges in each direction Alternative Methods of Compliance Eighth Coast Guard District, Bridge daily. Of the nearly 15,000 vehicles that (e) An alternative method of compliance or Administration Branch maintains the cross the southbound bridge from St. adjustment of the compliance time that public docket for this rulemaking. Tammany Parish to Jefferson Parish, provides an acceptable level of safety may be Comments and material received from approximately 50% of these vehicles used if approved by the Manager, Los the public, as well as documents cross this bridge between the hours of Angeles Aircraft Certification Office (ACO). indicated in this preamble as being 5:30 a.m. and 9:30 a.m. Of the nearly Operators must submit their requests through available in the docket, will become part 15,000 vehicles that cross the an appropriate FAA Principal Maintenance of this docket and will be available for northbound bridge from Jefferson Parish Inspector, who may add comments and then send it to the Manager, Los Angeles ACO. inspection or copying at the Bridge to St. Tammany Parish, approximately Administration Branch, Eighth Coast 50% of these vehicles cross this bridge Note 3: Information concerning the existence of approved alternative methods of Guard District between 7 a.m. and 3 between the hours of 3 p.m. and 7 p.m. compliance with this AD, if any, may be p.m., Monday through Friday, except During these peak traffic periods, an obtained from the Los Angeles ACO. Federal holidays. opening of the draw can cause traffic to FOR FURTHER INFORMATION CONTACT: Mr. back up approximately four to five Special Flight Permits David Frank, Bridge Administration miles. (f) Special flight permits may be issued in Branch, at the address given above or Tender logs for the past year indicate accordance with sections 21.197 and 21.199 telephone (504) 589–2965. that only six vessels have required the of the Federal Aviation Regulations (14 CFR SUPPLEMENTARY INFORMATION: draw to open during these times. 21.197 and 21.199) to operate the airplane to a location where the requirements of this AD Request for Comments Discussion of Proposed Rule can be accomplished. The Coast Guard encourages The proposed rule would modify the Issued in Burlington, Massachusetts, on interested parties to participate in this existing regulation in 33 CFR 117.467(b) August 7, 2001. rulemaking by submitting written data, to require the draw of the Greater New Diane S. Romanosky, views or arguments. Persons submitting Orleans Expressway Commission Acting Manager, Engine and Propeller comments should include their names Causeway to open on signal if at least Directorate, Aircraft Certification Service. and addresses, identify this rulemaking three hours notice is given; except that, [FR Doc. 01–20591 Filed 8–15–01; 8:45 am] (CGD08–01–022) and the specific the draw need not be opened for the BILLING CODE 4910–13–U section of this document to which each passage of vessels Monday through comment applies and give the reason for Friday except Federal holidays from each comment. Please submit all 5:30 a.m. to 9:30 a.m. and from 3 p.m. DEPARTMENT OF TRANSPORTATION comments and attachments in an until 7 p.m. The draw will open on unbound format, no larger than 81⁄2 by signal for any vessel in distress or vessel Coast Guard 11 inches, suitable for copying and waiting immediately following the electronic filing. If you would like closures listed above. 33 CFR Part 117 confirmation of receipt of your The draw of the Causeway at the north channel has a vertical clearance of [CGD08–01–022] comments, please enclose a stamped, self-addressed postcard or envelope. We 42 feet above mean high water in the RIN 2115–AE47 will consider all comments and material closed-to-navigation position and received during the comment period. unlimited clearance in the open-to- Drawbridge Operation Regulation; We may change this proposed rule in navigation position. Navigation on the Lake Pontchartrain, LA view of comments received. waterway consists of small tugs with AGENCY: Coast Guard, DOT. tows, fishing vessels, sailing vessels, Public Meeting and other recreational craft. As an ACTION: Notice of proposed rulemaking. We do not now plan to hold a public alternate route, the south channel fixed SUMMARY: The Coast Guard is proposing meeting. You may submit a request for spans of the dual bridges provides a to change the drawbridge operation a public meeting by writing to the vertical clearance of 50 feet above mean regulation for the draw of the Greater Commander, Eighth Coast Guard high water. New Orleans Expressway Commission District, Bridge Administration Branch The Coast Guard believes that Causeway across Lake Pontchartrain at the address under ADDRESSES allowing the draw to remain closed to between Metairie, Jefferson Parish and explaining why a public meeting would navigation during the morning and Mandeville, St. Tammany Parish, be beneficial. If we determine that a afternoon peak vehicular traffic time Louisiana. The proposed rule would public meeting would aid this periods is reasonable and will still meet allow the dual bridges to remain closed rulemaking, we will hold one at a time the needs of navigation. This conclusion to navigation during the morning and and place to be announced by notice in is based upon the low number of afternoon rush hours while still the Federal Register. opening requests received during these time periods. requiring three hours notification at all Background and Purpose other times. The bascule span of the dual bridges Regulatory Evaluation DATES: Comments and related material of the Greater New Orleans Expressway This proposed rule is not a must reach the Coast Guard on or before Commission Causeway across Lake ‘‘significant regulatory action’’ under October 15, 2001. Pontchartrain presently opens on signal section 3(f) of Executive Order 12866 ADDRESSES: You may mail comments to if at least three hours notice is given. and does not require an assessment of Commander (ob), Eighth Coast Guard The Greater New Orleans Expressway potential costs and benefits under
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section 6(a)(3) of that Order. The Office options for compliance, please contact Indian tribes, or on the distribution of of Management and Budget has not the Bridge Administration Branch, power and responsibilities between the reviewed it under that Order. It is not Eighth Coast Guard District at the Federal Government and Indian tribes. significant under the regulatory policies address above. Energy Effects and procedures of the Department of Collection of Information Transportation (DOT) (44 FR 11040, We have analyzed this proposed rule February 26, 1979). This proposed rule would call for no under Executive Order 13211, Actions The Coast Guard expects the new collection of information under the Concerning Regulations That economic impact of this proposed rule Paperwork Reduction Act of 1995 (44 Significantly Affect Energy Supply, to be so minimal that a full Regulatory U.S.C. 3501–3520). Distribution, or Use. We have Evaluation under paragraph 10(e) of the determined that it is not a ‘‘significant Federalism regulatory policies and procedures of energy action’’ under that order because DOT is unnecessary. We have analyzed this proposed rule it is not a ‘‘significant regulatory action’’ This proposed rule allows vessels under Executive Order 13132 and have under Executive Order 12866 and is not ample opportunity to transit this determined that this proposed rule likely to have a significant adverse effect waterway with proper notification would not have implications for on the supply, distribution, or use of before and after the peak vehicular federalism under that Order. energy. It has not been designated by the traffic periods. According to the vehicle Unfunded Mandates Reform Act Administrator of the Office of traffic surveys, these periods occur Information and Regulatory Affairs as a between 5:30 and 9:30 a.m. and 3 and The Unfunded Mandates Reform Act significant energy action. Therefore, it 7 p.m. of 1995 (2 U.S.C. 1531–1538) governs does not require a Statement of Energy the issuance of Federal regulations that Effects under Executive Order 13211. Small Entities require unfunded mandates. An Under the Regulatory Flexibility Act unfunded mandate is a regulation that Environment (5 U.S.C. 601–612), we considered requires a State, local, or tribal The Coast Guard considered the whether this proposed rule would have government or the private sector to environmental impact of this proposed a significant economic impact on a incur direct costs without the Federal rule and concluded that, under figure 2– substantial number of small entities. Government’s having first provided the 1, paragraph 32(e), of Commandant The term ‘‘small entities’’ comprises funds to pay those costs. This proposed Instruction M16475.lD, this proposed small businesses, not-for-profit rule would not impose an unfunded rule be categorically excluded from organizations that are independently mandate. further environmental documentation. owned and operated and are not Taking of Private Property A ‘‘Categorical Exclusion dominant in their fields, and Determination’’ is available in the governmental jurisdictions with This proposed rule would not effect a docket where indicated under populations of less than 50,000. taking of private property or otherwise ADDRESSES. The Coast Guard certifies under 5 have taking implications under U.S.C. 605(b) that this proposed rule Executive Order 12630, Governmental List of Subjects in 33 CFR Part 117 would not have a significant economic Actions and Interference with Bridges. impact on a substantial number of small Constitutionally Protected Property For the reasons set out in the entities. The proposed rule has Rights. preamble, the Coast Guard proposes to considered the needs of the local Civil Justice Reform amend part 117 of Title 33, Code of commercial vessels and it has been Federal Regulations, as follows: determined that, under 5 U.S.C. 605(b), This proposed rule meets applicable it would not have a significant standards in sections 3(a) and 3(b)(2) of PART 117—DRAWBRIDGE economic impact on a substantial Executive Order 12988, Civil Justice OPERATION REGULATIONS number of small entities. Reform, to minimize litigation, If you think that your business, eliminate ambiguity, and reduce 1. The authority citation for Part 117 organization, or governmental burden. continues to read as follows: jurisdiction qualifies as a small entity Authority: 33 U.S.C. 499; 49 CFR 1.46; 33 Protection of Children and that this proposed rule would have CFR 1.05–1(g); section 117.255 also issued a significant economic impact on it, We have analyzed this proposed rule under the authority of Pub. L. 102–587, 106 please submit a comment (see under Executive Order 13045, Stat. 5039. ADDRESSES) explaining why you think it Protection of Children from 2. In § 117.467, paragraph (b) is qualifies and how and to what degree Environmental Health Risks and Safety revised to read as follows: this proposed rule would economically Risks. This proposed rule is not affect it. economically significant and does not § 117.467 Lake Pontchartrain. cause an environmental risk to health or * * * * * Assistance for Small Entities risk to safety that may (b) The draw of the Greater New Under section 213(a) of the Small disproportionately affect children. Orleans Expressway Commission Business Regulatory Enforcement Causeway shall open on signal if at least Fairness Act of 1996 (Public Law 104– Indian Tribal Governments three hours notice is given; except that, 121), we want to assist small entities in This proposed rule does not have the draw need not be opened for the understanding this proposed rule so that tribal implications under Executive passage of vessels Monday through they can better evaluate its effects on Order 13175, Consultation and Friday except Federal holidays from them and participate in the rulemaking. Coordination with Indian Tribal 5:30 a.m. to 9:30 a.m. and from 3 p.m. If the proposed rule would affect your Governments, because it would not have until 7 p.m. The draw will open on small business, organization, or a substantial direct effect on one or signal for any vessel in distress or vessel governmental jurisdiction and you have more Indian tribes, on the relationship waiting immediately following the questions concerning its provisions or between the Federal Government and closures listed in this section.
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Dated: August 6, 2001. Development Section, Air Programs DATES: Your comments on the July 19 Roy J. Casto, Branch (AR–18J), United States arsenic proposal must be in writing and Rear Admiral, U.S. Coast Guard, Commander, Environmental Protection Agency, 77 either postmarked or received by EPA’s Eighth Coast Guard District. West Jackson Boulevard, Chicago, Water Docket by October 31, 2001. [FR Doc. 01–20317 Filed 8–15–01; 8:45 am] Illinois 60604. ADDRESSES: EPA accepts comments by BILLING CODE 4910–15–U FOR FURTHER INFORMATION CONTACT: John three delivery methods: Mooney at (312) 886–6043. (1) Mail sent to the W–99–16–VI SUPPLEMENTARY INFORMATION: For Arsenic Comments Clerk, Water Docket ENVIRONMENTAL PROTECTION additional information see the direct (MC–4101); U.S. EPA; 1200 AGENCY final rule published in the rules section Pennsylvania Avenue, NW; Washington, of this Federal Register. Copies of the DC 20460. 40 CFR Part 52 documents relevant to this action are (2) Hand delivery (e.g., courier or [WI42–7306b; FRL–7029–4] available for public inspection during overnight delivery service) to EPA’s normal business hours at the above Water Docket, located at 401 M Street, Approval and Promulgation of State address. (Please telephone John Mooney SW; East Tower Basement Room 57; in Implementation Plans; Wisconsin at (312) 886–6043 before visiting the Washington, DC; between 9:00 a.m. and Region 5 Office.) 3:30 p.m. Eastern Time, Monday AGENCY: Environmental Protection Authority: 42 U.S.C. 7401–7671 et seq. through Friday. Agency. (3) Electronically sent to ow-arsenic- Dated: July 31, 2001. ACTION: Notice of proposed rulemaking. [email protected]. See SUPPLEMENTARY David A. Ullrich, INFORMATION for file formats and other SUMMARY: The Environmental Protection Acting Regional Administrator, Region 5. information about electronic filing and Agency (EPA) is proposing to approve a [FR Doc. 01–20504 Filed 8–15–01; 8:45 am] docket review. State Implementation Plan (SIP) BILLING CODE 6560–50–P FOR FURTHER INFORMATION CONTACT: The revision submitted by the State of Safe Drinking Water Hotline, phone: Wisconsin. This revision requires the (800) 426–4791 or its new local number implementation of an enhanced motor ENVIRONMENTAL PROTECTION (703) 412–3330, e-mail: hotline- vehicle inspection and maintenance AGENCY [email protected] for general information, (I/M) program in seven counties in 40 CFR Parts 141 and 142 meeting information, and copies of southeast Wisconsin. The program arsenic regulations and some of the reduces air pollution from motor [WH–FRL–7036–3] support documents. For questions about vehicles by identifying and requiring RIN 2040–AB75 the arsenic regulation, contact Irene repair of high emitting vehicles. This Dooley, (202) 260–9531, e-mail: action is being taken under the Clean National Primary Drinking Water [email protected]. EPA’s web page Air Act. Regulations; Arsenic and Clarifications contains links to arsenic Federal In the final rules section of this to Compliance and New Source Register notices and arsenic technical Federal Register, EPA is approving the Contaminants Monitoring support documents at www.epa.gov/ State’s request as a direct final rule safewater/arsenic.html. without prior proposal because EPA AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: views this action as noncontroversial Agency (EPA). and anticipates no adverse comments. A ACTION: Proposed rule; correction. Additional Information for Commenters detailed rationale for approving and No facsimiles (faxes), compressed or disapproving portions of the State’s SUMMARY: Today’s document announces a separate electronic mail (e-mail) zipped files will be accepted, and request is set forth in the direct final comments must be submitted in writing. rule. The direct final rule will become address, [email protected], for arsenic comments on the proposal Please submit an original and three effective without further notice unless copies of your comments and enclosures the Agency receives relevant adverse published on July 19, 2001, in the Federal Register. EPA expects a large (including references) and identify your written comment on this proposed rule submission by the docket number W– within 30 days of this publication. number of comments on the July 19 arsenic proposal, based on public 99–16–VI. To ensure that EPA can read, Should EPA receive adverse comment, understand, and therefore properly it will publish a document informing interest, so e-mail submissions to the new arsenic docket address will help respond to comments, the Agency the public that the direct final rule will would prefer that comments cite, where not take effect and that EPA will address the Agency process comments. In addition, today’s document provides the possible, the question(s) or sections and adverse comments in a subsequent final new phone number for the Safe page numbers in the document or rule based on this proposed rule. If EPA Drinking Water Hotline: (703) 412–3330. supporting documents to which each does not receive adverse comments, the The Hotline’s toll free number remains comment refers. Commenters should direct final rule will take effect on the unchanged: (800) 426–4791. use a separate paragraph for each issue date stated in that document and EPA The July 19 proposal requested discussed. Commenters who want EPA will not take further action on this comment on key science, cost analyses, to acknowledge receipt of their proposed rule. EPA does not plan to and benefits issues, as well as small comments should include a self- institute a second comment period on systems compliance issues for the addressed, stamped envelope. this action. Any parties interested in arsenic regulation. However the July EPA uses WordPerfect as its standard commenting on this document should proposal does not affect the software, so e-mail file attachments do so at this time. clarifications to compliance and new must be submitted in WordPerfect 8 (or DATES: EPA must receive written source contaminants monitoring older version) or ASCII file format comments by September 17, 2001. regulations also issued on January 22, (unless four hard copies are also ADDRESSES: Send written comments to: 2001, for inorganic, volatile organic, and submitted). Comments submitted in Carlton T. Nash, Chief, Regulation synthetic organic contaminants. other electronic formats (e.g., Word, pdf,
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Excel, and compressed or zipped files) proposed in June 2000), 10 µg/L (the this Federal Register, EPA is must also be submitted as hard copies. level published in the January 2001 authorizing the change by an immediate For purposes of dating dual hard copy/ rule), 20 µg/L, or an alternative level. final rule. EPA did not make a proposal electronic copy submissions, the date of The Agency’s response-to-comments prior to the immediate final rule the electronic copy will be recorded as document for the final decision on the because we believe this action is not the date submitted. At the beginning of arsenic standard will address the controversial and do not expect your e-mail, please indicate if you are comments received for the July 19 comments that oppose it. We have sending hard copies so the Docket can proposal, and this document will be explained the reasons for this link your two submissions rather than made available in the docket. The authorization in the preamble to the log in two sets of your comments. response-to-comment document will immediate final rule. Unless we receive Electronic comments on this document also address comments on EPA’s written comments which oppose this may be filed online at many Federal perspective of the new analyses, and Depository Libraries. EPA expects that notice will be authorization during the comment In providing comment on the issues published in the fall of 2001. To period, the immediate final rule will listed in the July 19 proposal (66 FR facilitate development of the response- become effective on the date it 37617), commenters should focus on the to-comments document, EPA establishes, and we will not take further preamble, technical support documents, appreciates receiving an electronic action on this proposal. If we receive and record associated with the January version in addition to the original and comments that oppose this action, we 22, 2001, arsenic in drinking water three copies for large submissions (e.g., will withdraw the immediate final rule regulation (66 FR 6976), not the June over 10 pages). The Agency does not and it will not take effect. We will then 2000 proposal (65 FR 38888). EPA made send out individual replies to respond respond to public comments in a later many changes to the analyses to those who submit comments. final rule based on this proposal. You supporting the January decisions in Availability of Docket may not have another opportunity for response to public comment on the June comment. If you want to comment on 2000 proposal. The Agency addressed For an appointment to review the this action, you must do so at this time. comments on the June 2000 proposed docket for this rulemaking, call (202) rule in the response-to-comments 260–3027 between 9:00 a.m. and 3:30 DATES: Send your written comments by document in the docket for W–99–16– p.m. Eastern Daylight Time, Monday September 17, 2001. III and summarized responses to the through Friday and refer to Docket W– ADDRESSES: Send written comments to major comments in the preamble of the 99–16–VI. Every user is entitled to 100 Robin Biscaia, Hazardous Waste Unit, January 2001 regulation. free pages, and after that the Docket EPA New England, One Congress Street, In developing comments, commenters charges 15 cents a page. Users are Suite 1100 (CHW), Boston, MA 02114– may also wish to consider information invoiced after they copy $25, which is from the reviews described in the July 267 photocopied pages. 2023; Phone number: (617) 918–1642. You can examine copies of the materials proposal. EPA plans to announce when Dated: August 13, 2001. the new reviews are available. EPA will submitted by Vermont during normal Ephraim King, consider the new information and business hours at the following provide an additional opportunity for Acting Director, Office of Ground Water and locations: EPA New England Library, Drinking Water. public comment this fall on the new One Congress Street, Suite 1100 (LIB), analyses along with EPA’s preliminary [FR Doc. 01–20773 Filed 8–15–01; 8:45 am] Boston, MA 02114–2023; Phone conclusion about whether the January BILLING CODE 6560–50–P number: (617) 918–1990; Business 2001 arsenic rule should be revised, and hours: 9:00 AM to 4:00 PM; or the if so, what the revised standard should ENVIRONMENTAL PROTECTION Vermont Agency of Natural Resources, be. AGENCY 103 South Main Street—West Office EPA’s Review of Comments Building, Waterbury, VT 05671–0404; 40 CFR Part 271 Phone number: (802) 241–3888; E-mail submissions to the new arsenic Business hours: 7:45 A.M. to 4:30 P.M. docket address, ow-arsenic- [FRL –7029–2 ] [email protected], will help the Agency FOR FURTHER INFORMATION CONTACT: process comments. Over 20,000 people Vermont: Final Authorization of State Robin Biscaia 617–918–1642 and at the submitted 1,112 on-time comments Hazardous Waste Management above address. during the 14-day comment period for Program Revision SUPPLEMENTARY INFORMATION: For the April 23 proposal to extend the AGENCY: Environmental Protection effective date to February 22, 2002. additional information, please see the Agency (EPA). immediate final rule published in the However, electronic arsenic comments ACTION: Proposed rule. sent to [email protected] will also ‘‘Rules and Regulations’’ section of this become part of the arsenic record. SUMMARY: Vermont has adopted the rule Federal Register. In the July 19 proposal, EPA for the Project XL Site-Specific Dated: July 17, 2001. requested comment on whether the data Rulemaking for the IBM Semiconductor Carl Dierker, and technical analyses associated with Manufacturing Facility in Essex Acting Regional Administrator, EPA New the arsenic rule published in the Junction, Vermont. This rule was England. January 22, 2001, Federal Register (66 published by the EPA on September 12, FR 6976), as well as any new 2000 (65 FR 59955). The State applied [FR Doc. 01–20047 Filed 8–15–01; 8:45 am] information that may be available, to EPA for Final authorization of the BILLING CODE 6560–50–P would support setting the enforceable revision to its hazardous waste program arsenic drinking water standard, or under the Resource Conservation and Maximum Contaminant Level (MCL), at Recovery Act (RCRA). EPA proposes to 3 micrograms per liter (µg/L) (the grant final authorization to Vermont. In feasible level), 5 µg/L (the level the ‘‘Rules and Regulations’’ section of
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ENVIRONMENTAL PROTECTION Potentially affected categories and comments received during an applicable AGENCY entities may include, but are not limited comment period, and other information to: related to this action, including any 40 CFR Part 721 information claimed as Confidential Examples of Business Information (CBI). This official [OPPTS–50643; FRL–6763–3] Categories NAICS potentially af- codes record includes the documents that are RIN 2070–AB27 fected entities physically located in the docket, as well Proposed Revocation of Significant Chemical man- 325 Manufacturers, as the documents that are referenced in New Uses of Certain Chemical ufacturers importers, those documents. The public version of processors, the official record does not include any Substances and users of chemicals information claimed as CBI. The public AGENCY: Environmental Protection version of the official record, which Agency (EPA). Petroleum and 324 Manufacturers, coal product importers, includes printed, paper versions of any ACTION: Proposed rule. industries processors, electronic comments submitted during and users of an applicable comment period, is SUMMARY: EPA is proposing to revoke chemicals significant new use rules (SNURs) for 2 available for inspection in the TSCA substances promulgated under section Nonconfidential Information Center, This listing is not intended to be North East Mall Rm. B–607, Waterside 5(a)(2) of the Toxic Substances Control exhaustive, but rather provides a guide Mall, 401 M St., SW., Washington, DC. Act (TSCA) based on new data. Based for readers regarding entities likely to be The Center is open from noon to 4 p.m., on the new data the Agency no longer affected by this action. Other types of Monday through Friday, excluding legal finds that activities not described in the entities not listed in the table in this corresponding TSCA section 5(e) unit could also be affected. The North holidays. The telephone number for the consent orders for these chemical American Industrial Classification Center is (202) 260–7099. substances may result in significant System (NAICS) codes have been C. How and to Whom Do I Submit changes in human or environmental provided to assist you and others in Comments? exposure. determining whether or not this action DATES: Comments, identified by docket applies to certain entities. To determine You may submit comments through control number OPPTS–50643, must be whether you or your business is affected the mail, in person, or electronically. To received on or before September 17, by this action, you should carefully ensure proper receipt by EPA, it is 2001. examine the applicability provisions in imperative that you identify docket ADDRESSES: Comments may be title 40 of the Code of Federal control number OPPTS–50643 in the submitted by mail, electronically, or in Regulations (CFR) at 40 CFR 721.5. If subject line on the first page of your person. Please follow the detailed you have any questions regarding the response. instructions for each method as applicability of this action to a 1. By mail. Submit your comments to: particular entity, consult the technical provided in Unit I.C. of the Document Control Office (7407), Office person listed under FOR FURTHER SUPPLEMENTARY INFORMATION. To ensure of Pollution Prevention and Toxics INFORMATION CONTACT. proper receipt by EPA, it is imperative (OPPT), Environmental Protection that you identify docket control number B. How Can I Get Additional Agency, 1200 Pennsylvania Ave., NW., OPPTS–50643 in the subject line on the Information, Including Copies of this Washington, DC 20460. first page of your response. Document and Other Related 2. In person or by courier. Deliver FOR FURTHER INFORMATION CONTACT: For Documents? your comments to: OPPT Document general information contact: Barbara 1. Electronically. You may obtain Control Office (DCO) in East Tower Rm. Cunningham, Director, Office of electronic copies of this document, and G–099, Waterside Mall, 401 M St., SW., Program Management and Evaluation, certain other related documents that Washington, DC. The DCO is open from Office of Pollution Prevention and might be available electronically, from Toxics (7401), Environmental Protection 8 a.m. to 4 p.m., Monday through the EPA Internet Home Page at http:// Friday, excluding legal holidays. The Agency, 1200 Pennsylvania Ave., NW., www.epa.gov/. To access this Washington, DC 20460; telephone telephone number for the DCO is (202) document, on the Home Page select 260–7093. number: (202) 554–1404; e-mail address: ‘‘Laws and Regulations,’’ ‘‘Regulations [email protected]. and Proposed Rules,’’ and then look up 3. Electronically. You may submit For technical information contact: the entry for this document under the your comments electronically by e-mail James Alwood, Chemical Control ‘‘Federal Register—Environmental to: [email protected], or mail your Division, Office of Pollution Prevention Documents.’’ You can also go directly to computer disk to the address identified and Toxics (7405), Environmental the Federal Register listings at http:// above. Do not submit any information Protection Agency, 1200 Pennsylvania www.epa.gov/fedrgstr/. A frequently electronically that you consider to be Ave., NW., Washington, DC 20460; updated electronic version of 40 CFR CBI. Electronic comments must be telephone number: (202) 260–1857; e- part 721 is available at http:// submitted as an ASCII file avoiding the mail address: [email protected]. www.access.gpo.gov/nara/cfr/ use of special characters and any form SUPPLEMENTARY INFORMATION: cfrhtml_00/Title_40/40cfr721_00.html, a of encryption. Comments will also be I. General Information beta site currently under development. accepted on standard disks in 2. In person. The Agency has WordPerfect 6.1/8.0 or ASCII file A. Does this Action Apply to Me? established an official record for this format. All comments in electronic form You may be potentially affected by action under docket control number must be identified by docket control this action if you manufacture, import, OPPTS–50643. The official record number OPPTS–50643. Electronic process, or use the chemical substances consists of the documents specifically comments may also be filed online at contained in this proposed revocation. referenced in this action, any public many Federal Depository Libraries.
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D. How Should I Handle CBI That I II. Background showed a No Observed Effect Level Want to Submit to the Agency? (NOEL) of 75 milligram/kilogram/day A. What Action is the Agency Taking? (mg/kg/day) with only minimal signs of Do not submit any information In the Federal Register referenced for toxicity at higher doses (principally electronically that you consider to be each substance, OPPTS–50583, August changes in organ weight). Based on the CBI. You may claim information that 9, 1990 (55 FR 32406) and OPPTS– results of this study and data on you submit to EPA in response to this 50603C, August 2, 1994 (59 FR 39293) analogous substances, EPA determined document as CBI by marking any part or establishing significant new uses for the that it could no longer conclude that the all of that information as CBI. substances, EPA issued a SNUR. manufacturing, processing, and use of Information so marked will not be Because of additional data EPA has P–88–837 may present an unreasonable disclosed except in accordance with received for these substances, EPA is risk under section 5(e) of TSCA and has, procedures set forth in 40 CFR part 2. proposing to revoke the significant new therefore, revoked the consent order for In addition to one complete version of use and recordkeeping requirements for P–88–837. EPA can no longer make the the comment that includes any the following chemical substances finding that activities not described in information claimed as CBI, a copy of under 40 CFR part 721, subpart E. In the TSCA section 5(e) consent order the comment that does not contain the this unit, EPA provides a brief may result in significant changes in information claimed as CBI must be description for each substance, human exposure. submitted for inclusion in the public including its premanufacture notice CFR citation: 40 CFR 721.3460 version of the official record. (PMN) number, chemical name (generic (Formerly 40 CFR 721.1030). Information not marked confidential name if the specific name is claimed as B. What is the Agency’s Authority for will be included in the public version CBI), CAS number (if assigned), basis for Taking this Action? of the official record without prior the revocation of the TSCA section 5(e) Section 5(a)(2) of TSCA (15 U.S.C. notice. If you have any questions about consent order for the substance, and the 2604(a)(2)) authorizes EPA to determine CBI or the procedures for claiming CBI, CFR citation removed in the regulatory that a use of a chemical substance is a please consult the technical person text section of this proposed rule. Further background information for the ‘‘significant new use.’’ EPA must make listed under FOR FURTHER INFORMATION this determination by rule after CONTACT. substances is contained in Unit I.B.2 of this document. considering all relevant factors, E. What Should I Consider as I Prepare including those listed in section 5(a)(2) PMN Number P–85–612 My Comments for EPA? of TSCA. Once EPA determines that a Chemical name: Polymer of substituted use of a chemical substance is a We invite you to provide your views aryl olefin. significant new use, section 5(a)(1)(B) of on the various options we propose, new CAS number: Not available. TSCA requires persons to submit a approaches we haven’t considered, the Federal Register publication date and notice to EPA at least 90 days before potential impacts of the various options reference: August 2, 1994 (59 FR 39293). they manufacture, import, or process the (including possible unintended Docket number: OPPTS–50603C. substance for that use. The mechanism consequences), and any data or Basis for revocation of SNUR: The for reporting under this requirement is information that you would like the presence of the residual monomers from established under 40 CFR 721.5. Agency to consider during the PMNs P–84–660/704 was the basis for During review of the PMNs submitted development of the final action. You regulating P–85–612, first with a TSCA for the chemical substances that are the may find the following suggestions section 5(e) consent order, then subject of this proposed revocation, EPA helpful for preparing your comments: followed by a SNUR. EPA has now concluded that regulation was modified the TSCA section 5(e) consent 1. Explain your views as clearly as warranted based on available order for P–84–660/704, which regulates information that indicated activities not possible. P–84–660/704 when present as a described in the TSCA section 5(e) 2. Describe any assumptions that you residual monomer in other substances, consent order or the PMN might result used. including P–85–612. Based on the in significant changes in human or 3. Provide copies of any technical consent order modification for P–84– environmental exposure as described in information and/or data you used that 660/704, EPA determined it could no section 5(a)(2) of TSCA. Based on these support your views. longer conclude that the manufacturing, findings, SNURs were promulgated. processing, and use of P–85–612 may EPA has revoked the TSCA section 4. If you estimate potential burden or present an unreasonable risk under 5(e) consent orders that ares the basis costs, explain how you arrived at the section 5(e) of TSCA and has, therefore, for these SNURs and no longer finds estimate that you provide. revoked the consent order for P–85–612. that activities other than those described 5. Provide specific examples to EPA can no longer make the finding that in the TSCA section 5(e) consent orders illustrate your concerns. activities not described in the TSCA may result in significant changes in 6. Offer alternative ways to improve section 5(e) consent order may result in human or environmental exposure. The the proposed revocation. significant changes in human exposure. revocation of SNUR provisions for these CFR citation: 40 CFR 721.6820. substances is consistent with the 7. Make sure to submit your PMN Number P–88–837 findings set forth in the preamble to the comments by the deadline in this Chemical name: Diglycidyl ether of proposed revocation of each individual document. disubstituted carbopolycycle (generic). SNUR. 8. To ensure proper receipt by EPA, CAS number: Not available. Therefore, EPA is proposing to revoke be sure to identify the docket control Federal Register publication date and the SNUR provisions for these chemical number assigned to this action in the reference: August 9, 1990 (55 FR 32406). substances. When this revocation subject line on the first page of your Docket number: OPPTS–50583. becomes final, EPA will no longer response. You may also provide the Basis for revocation of SNUR: The PMN require notice of intent to manufacture, name, date, and Federal Register submitter conducted a 90–day import, or process these substances. In citation. subchronic oral study in rats. The study addition, export notification under
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section 12(b) of TSCA will no longer be List of Subjects in 40 CFR Part 721 FOR FURTHER INFORMATION CONTACT: For required. Environmental protection, Chemicals, general information contact: Barbara Cunningham, Director, Office of III. Regulatory Assessment Hazardous substances, Reporting and Program Management and Evaluation, Requirements recordkeeping requirements. Office of Pollution Prevention and This proposed rule revokes or Dated: July 18, 2001. Toxics (7401), Environmental Protection eliminates an existing regulatory William H. Sanders, III Agency, 1200 Pennsylvania Ave., NW., requirement and does not contain any Office Director, Office of Pollution Prevention Washington, DC 20460; telephone new or amended requirements. As such, and Toxics. number: (202) 554–1404; e-mail address: the Office of Management and Budget Therefore, it is proposed that 40 CFR [email protected]. (OMB) has exempted these types of part 721 be amended as follows: For technical information contact: actions from review under Executive James Alwood, Chemical Control PART 721—[AMENDED] Order 12866, entitled ‘‘Regulatory Division, Office of Pollution Prevention Planning and Review’’ (58 FR 51735, 1. The authority citation for part 721 and Toxics (7405), Environmental October 4, 1993). would continue to read as follows: Protection Agency, 1200 Pennsylvania Since this proposed rule does not Authority: 15 U.S.C. 2604, 2607, and Ave., NW., Washington, DC 20460; impose any requirements, it does not 2625(c). telephone number: (202) 260–1857; e- contain any information collections mail address: [email protected]. subject to approval under the Paperwork §§ 721.3460, 721.6820 [Removed] SUPPLEMENTARY INFORMATION: Reduction Act (PRA), 44 U.S.C. 3501 et 2. By removing §§ 721.3460 and seq., or require any other action under 721.6820. I. General Information Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) (Pub. L. [FR Doc. 01–20663 Filed 8–15–01: 8:45 am] A. Does this Action Apply to Me? 104–4). BILLING CODE 6560–50–S You may be potentially affected by Nor does it require any prior this action if you manufacture, import, consultation as specified by Executive ENVIRONMENTAL PROTECTION process, or use the chemical substances Order 12875, entitled ‘‘Enhancing the AGENCY contained in this proposed rule. Intergovernmental Partnership’’ (58 FR Potentially affected categories and 58093, October 28, 1993), or special 40 CFR Part 721 entities may include, but are not limited considerations as required by Executive [OPPTS–50642; FRL–6557–8] to: Order 12898, entitled ‘‘Federal Actions RIN 2070–AB27 to Address Environmental Justice in Examples of Minority Populations and Low-Income NAICS Categories codes potentially af- Populations’’ (59 FR 7629, February 16, Proposed Modification of Significant fected entities 1994) or require OMB review in New Uses of Certain Chemical accordance with Executive Order 13045, Substances Chemical man- 325 Manufacturers, entitled ‘‘Protection of Children from ufacturers importers, AGENCY: Environmental Protection processors, Environmental Health Risks and Safety Agency (EPA). and users of Risks’’ (62 FR 19885, April 23, 1997). ACTION: Proposed rule. chemicals On August 4, 1999, President Clinton Petroleum and 324 Manufacturers, issued a new executive order on SUMMARY: EPA is proposing to modify coal product importers, Federalism, Executive Order 13132 (64 significant new use rules (SNURs) for 2 industries processors, FR 43255, August 10, 1999). This substances promulgated under section and users of proposed rule will not have a 5(a)(2) of the Toxic Substances Control chemicals substantial direct effect on States, on the Act (TSCA) based on new data. Based relationship between the national on the new data the Agency finds that This listing is not intended to be government and the States, or on the activities not described in the exhaustive, but rather provides a guide distribution of power and corresponding TSCA section 5(e) for readers regarding entities likely to be responsibilities among the various consent orders for the chemical affected by this action. Other types of levels of government, as specified in substances may result in significant entities not listed in the table in this Executive Order 13132. changes in human or environmental unit could also be affected. The North exposure. In addition, pursuant to section 605(b) American Industrial Classification of the Regulatory Flexibility Act (RFA) DATES: Comments, identified by docket System (NAICS) codes have been (5 U.S.C. 601 et seq.), the Agency has control number OPPTS–50642, must be provided to assist you and others in determined that SNUR revocations, received on or before September 17, determining whether or not this action which eliminate requirements without 2001. applies to certain entities. To determine imposing any new ones, have no ADDRESSES: Comments may be whether you or your business is affected adverse economic impacts. submitted by mail, electronically, or in by this action, you should carefully This proposed rule is not subject to person. Please follow the detailed examine the applicability provisions in Executive Order 13211, ‘‘Actions instructions for each method as title 40 of the Code of Federal Concerning Regulations That provided in Unit I.C. of the Regulations (CFR) at 40 CFR 721.5. If Significantly Affect Energy Supply, SUPPLEMENTARY INFORMATION. To ensure you have any questions regarding the Distribution, or Use’’ (66 FR 28355, May proper receipt by EPA, it is imperative applicability of this action to a 22, 2001) because it is not a significant that you identify docket control number particular entity, consult the technical regulatory action under Executive Order OPPTS–50642 in the subject line on the person listed under FOR FURTHER 12866. first page of your response. INFORMATION CONTACT.
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B. How Can I Get Additional 2. In person or by courier. Deliver 2. Describe any assumptions that you Information, Including Copies of this your comments to: OPPT Document used. Document and Other Related Control Office (DCO) in East Tower Rm. 3. Provide copies of any technical Documents? G–099, Waterside Mall, 401 M St., SW., information and/or data you used that 1. Electronically. You may obtain Washington, DC. The DCO is open from support your views. 4. If you estimate potential burden or electronic copies of this document, and 8 a.m. to 4 p.m., Monday through costs, explain how you arrived at the certain other related documents that Friday, excluding legal holidays. The estimate that you provide. might be available electronically, from telephone number for the DCO is (202) 260–7093. 5. Provide specific examples to the EPA Internet Home Page at http:// 3. Electronically. You may submit illustrate your concerns. www.epa.gov/. To access this your comments electronically by e-mail 6. Offer alternative ways to improve document, on the Home Page select to: [email protected], or mail your the proposed rule. ‘‘Laws and Regulations,’’ ‘‘Regulations computer disk to the address identified 7. Make sure to submit your and Proposed Rules,’’ and then look up above. Do not submit any information comments by the deadline in this the entry for this document under the electronically that you consider to be document. ‘‘Federal Register—Environmental CBI. Electronic comments must be 8. To ensure proper receipt by EPA, Documents.’’ You can also go directly to submitted as an ASCII file avoiding the be sure to identify the docket control the Federal Register listings at http:// use of special characters and any form number assigned to this action in the www.epa.gov/fedrgstr/. A frequently of encryption. Comments will also be subject line on the first page of your updated electronic version of 40 CFR accepted on standard disks in response. You may also provide the part 721 is available at http:// WordPerfect 6.1/8.0 or ASCII file name, date, and Federal Register www.access.gpo.gov/nara/cfr/ _ _ _ format. All comments in electronic form citation. cfrhtml 00/Title 40/40cfr721 00.html, a must be identified by docket control beta site currently under development. number OPPTS–50642. Electronic II. Background 2. In person. The Agency has comments may also be filed online at A. What Action is the Agency Taking? established an official record for this many Federal Depository Libraries. action under docket control number In the Federal Register of September OPPTS–50642. The official record D. How Should I Handle CBI That I 28, 1990, OPPTS–50585 (55 FR 39905) consists of the documents specifically Want to Submit to the Agency? EPA issued a SNUR for P–89–769. In the referenced in this action, any public Do not submit any information Federal Register of April 25, 1991, comments received during an applicable electronically that you consider to be OPPTS–50591 (56 FR 19228) EPA comment period, and other information CBI. You may claim information that issued a SNUR for P–90–440. Because of related to this action, including any you submit to EPA in response to this additional data EPA has received for information claimed as Confidential document as CBI by marking any part or these substances, EPA is proposing to Business Information (CBI). This official all of that information as CBI. modify the significant new use and record includes the documents that are Information so marked will not be recordkeeping requirements under 40 physically located in the docket, as well disclosed except in accordance with CFR part 721, subpart E. In this unit, as the documents that are referenced in procedures set forth in 40 CFR part 2. EPA provides a brief description for those documents. The public version of In addition to one complete version of each substance, including its the official record does not include any the comment that includes any premanufacture notice (PMN) number, information claimed as CBI. The public information claimed as CBI, a copy of chemical name (generic name if the version of the official record, which the comment that does not contain the specific name is claimed as CBI), CAS includes printed, paper versions of any information claimed as CBI must be number (if assigned), basis for the electronic comments submitted during submitted for inclusion in the public modification of the TSCA section 5(e) an applicable comment period, is version of the official record. consent order for the substance, and the available for inspection in the TSCA Information not marked confidential CFR citation. Further background Nonconfidential Information Center, will be included in the public version information for the substance is North East Mall Rm. B–607, Waterside of the official record without prior contained in Unit I.B.2 of this Mall, 401 M St., SW., Washington, DC. notice. If you have any questions about document. The Center is open from noon to 4 p.m., CBI or the procedures for claiming CBI, PMN Number P–89–769 Monday through Friday, excluding legal please consult the technical person Chemical name: Resorcinol, holidays. The telephone number for the listed under FOR FURTHER INFORMATION formaldehyde substituted Center is (202) 260–7099. CONTACT. carbomonocycle resin (generic). CAS number: Not available. C. How and to Whom Do I Submit E. What Should I Consider as I Prepare Federal Register publication date and Comments? My Comments for EPA? reference: September 28, 1990 (55 FR You may submit comments through We invite you to provide your views 39905). the mail, in person, or electronically. To on the various options we propose, new Docket number: OPPTS–50585. ensure proper receipt by EPA, it is approaches we haven’t considered, the Basis for modification: Based on an imperative that you identify docket potential impacts of the various options absorption study demonstrating that control number OPPTS–50642 in the (including possible unintended approximately 4 percent PMN substance subject line on the first page of your consequences), and any data or will be absorbed following oral intake, response. information that you would like the EPA no longer concluded that the PMN 1. By mail. Submit your comments to: Agency to consider during the substance may present an unreasonable Document Control Office (7407), Office development of the final action. You risk of injury to human health, and of Pollution Prevention and Toxics may find the following suggestions consequently revoked the consent order. (OPPT), Environmental Protection helpful for preparing your comments: EPA is eliminating the SNUR provisions Agency, 1200 Pennsylvania Ave., NW., 1. Explain your views as clearly as for worker protection, hazard Washington, DC 20460. possible. communication, and disposal by
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incineration as it no longer finds these this determination by rule after 12(b). The regulations that interpret provisions necessary to prevent considering all relevant factors, TSCA section 12(b) appear at 40 CFR significant changes in human exposure. including those listed in section 5(a)(2) part 707. Persons who intend to import The SNUR provisions for release to of TSCA. Once EPA determines that a a chemical substance identified in a water will remain as EPA still finds that use of a chemical substance is a final SNUR are subject to the TSCA releases to water could result in significant new use, section 5(a)(1)(B) of section 13 import certification significant changes in environmental TSCA requires persons to submit a requirements, which are codified at 19 exposure. notice to EPA at least 90 days before CFR 12.118 through 12.127 and 127.28. CFR citation: 40 CFR 721.9480 they manufacture, import, or process the Such persons must certify that they are (Formerly 40 CFR 721.1889). substance for that use. The mechanism in compliance with SNUR requirements. PMN Number P–90–440 and P–95–4 for reporting under this requirement is The EPA policy in support of the import Chemical name: Substituted established under 40 CFR 721.5. certification appears at 40 CFR part 707. During review of the PMNs submitted carboheterocyclic butane for the chemical substances that are the III. Regulatory Assessment tetracarboxylate (generic). subject of this proposed rule, EPA Requirements CAS number: Not available. concluded that regulation was Under Executive Order 12866, Federal Register publication date and warranted based on available entitled Regulatory Planning and reference: April 25, 1991 (56 FR 19228). information that indicated activities not Review (58 FR 51735, October 4, 1993), Docket number: OPPTS–50591. described in the TSCA section 5(e) the Office of Management and Budget Basis for modification: A PMN consent order might result in significant (OMB) has determined that proposed or submitter conducted a 90–day changes in human or environmental final SNURs are not a ‘‘significant subchronic oral study in rats. The study exposure as described in section 5(a)(2) regulatory action’’ subject to review by demonstrated toxicity at all test doses of TSCA. Based on these findings, OMB, because they do not meet the (5, 20, and 75 milligram/kilogram/day SNURs were promulgated. criteria in section 3(f) of the Executive (mg/kg/day)). The PMN submitter also EPA has revoked the TSCA section Order. conducted a particle size analysis of the 5(e) consent order for P–89–769 and has Based on EPA’s experience with PMN substance using vibration testing. determined that modifying these SNURs proposing and finalizing SNURs, State, The analysis indicated that a pellet form would not result in significant changes local, and tribal governments have not of the PMN substance would have a in human or environmental exposure. been impacted by these rulemakings, particle size greater than 250 microns. The modification of SNUR provisions and EPA does not have any reasons to Workers exposed to the pellet form of for these substances designated herein is believe that any State, local, or tribal the PMN substance having a particle consistent with the provisions of the government will be impacted by this size greater than 250 microns are not TSCA section 5(e) consent order. rulemaking. As such, EPA has reasonably likely to be exposed to determined that this regulatory action significant amounts of the PMN C. Applicability of General Provisions does not impose any enforceable duty, substance through inhalation. Therefore, General provisions for SNURs appear contain any unfunded mandate, or EPA has determined that the proposed under subpart A of 40 CFR part 721. otherwise have any affect on small manufacturing, processing, and use of These provisions describe persons governments subject to the requirements the pellet form of the PMN substance subject to the proposed rule, of sections 202, 203, 204, or 205 of the would not result in significant changes recordkeeping requirements, Unfunded Mandates Reform Act of 1995 in human exposure. EPA is modifying exemptions to reporting requirements, (UMRA) (Pub. L. 104–4). the existing SNUR to state that the and applicability of the proposed rule to This proposed rule does not have SNUR provisions for respiratory uses occurring before the effective date tribal implications because it is not protection do not apply when the of the final rule. Provisions relating to expected to have substantial direct particle size of the PMN substance is user fees appear at 40 CFR part 700. effects on Indian Tribes. This does not 250 microns or greater. If, however, the Persons subject to this SNUR must significantly or uniquely affect the particle size is less than 250 microns, comply with the same notice communities of Indian trial then the SNUR provisions for requirements and EPA regulatory governments, nor does it involve or respiratory protection will still apply. procedures as submitters of PMNs under impose any requirements that affect EPA is also eliminating the production section 5(a)(1)(A) of TSCA. In particular, Indian Tribes. Accordingly, the volume limit from the SNUR as the 90– these requirements include the requirements of section 3(b) of day subchronic test required by the information submission requirements of Executive Order 13084, entitled TSCA section 5(e) consent order at the TSCA section 5(b) and 5(d)(1), the Consultation and Coordination with same production volume limit has exemptions authorized by TSCA section Indian Tribal Governments (63 FR already been conducted. In addition, 5 (h)(1), (h)(2), (h)(3), and (h)(5), and the 276755, May 19, 1998), do not apply to EPA has noted in the preamble and regulations at 40 CFR part 720. Once this proposed rule. Executive Order added to the PMN heading a second EPA receives a SNUR notice, EPA may 13175, entitled Consultation and PMN number for this substance as EPA take regulatory action under TSCA Coordination with Indian Tribal had received an additional PMN section 5(e), 5(f), 6, or 7 to control the Governments (65 FR 67249, November submission for the same substance. activities on which it has received the 6, 2000), which took effect on January CFR citation: 40 CFR 721.1925 SNUR notice. If EPA does not take 6, 2001, revokes Executive Order 13084 (Formerly 40 CFR 721.2094). action, EPA is required under TSCA as of that date. EPA developed this section 5(g) to explain in the Federal rulemaking, however, during the period B. What is the Agency’s Authority for Register its reasons for not taking when Executive Order 13084 was in Taking this Action? action. effect; thus, EPA addressed tribal Section 5(a)(2) of TSCA (15 U.S.C. Persons who intend to export a considerations under Executive Order 2604(a)(2)) authorizes EPA to determine substance identified in a proposed or 13084. For the same reasons stated for that a use of a chemical substance is a final SNUR are subject to the export Executive Order 13084, the ‘‘significant new use.’’ EPA must make notification provisions of TSCA section requirements of Executive Order 10175
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do not apply to this proposed rule the word ‘‘new,’’ and based on all Send any comments about the either. Nor will this action have a information currently available to EPA, accuracy of the burden estimate, and substantial direct effect on States, on the it appears that no small or large entities any suggested methods for minimizing relationship between the national presently engage in such activity. Since respondent burden, including through government and the States, or on the a SNUR only requires that any person the use of automated collection distribution of power and who intends to engage in such activity techniques, to the Director, OP responsibilities among the various in the future must first notify EPA by Regulatory Information Division (2137), levels of government, as specified in submitting a Significant New Use Notice Environmental Protection Agency, 1200 Executive Order 13132, entitled (SNUN), no economic impact will even Pennsylvania Ave., NW., Washington, Federalism (64 FR 43255, August 10, occur until someone decides to engage DC 20460. Please remember to include 1999). in those activities. Although some small the OMB control number in any In issuing this proposed rule, EPA has entities may decide to conduct such correspondence, but do not submit any taken the necessary steps to eliminate activities in the future, EPA cannot completed forms to this address. drafting errors and ambiguity, minimize presently determine how many, if any, This proposed rule is not subject to potential litigation, and provide a clear there may be. However, EPA’s Executive Order 13211, ‘‘Actions legal standard for affected conduct, as experience to date is that, in response to Concerning Regulations That required by section 3 of Executive Order the promulgation of over 530 SNURs, Significantly Affect Energy Supply, 12988, entitled Civil Justice Reform (61 the Agency has received fewer than 15 Distribution, or Use’’ (66 FR 28355, May FR 4729, February 7, 1996). SNUNs. Of those SNUNs submitted, 22, 2001) because it is not a significant EPA has complied with Executive none appear to be from small entities in regulatory action under Executive Order Order 12630, entitled Governmental response to any SNUR. In addition, the 12866. Actions and Interference with estimated reporting cost for submission Constitutionally Protected Property of a SNUN is minimal regardless of the List of Subjects in 40 CFR Part 721 Rights (53 FR 8859, March 15, 1988), by size of the firm. Therefore, EPA believes Environmental protection, Chemicals, examining the takings implications of that the potential economic impact of Hazardous substances, Reporting and this proposed rule in accordance with complying with this SNUR are not recordkeeping requirements. the ‘‘Attorney General’s Supplemental expected to be significant or adversely Guidelines for the Evaluation of Risk impact a substantial number of small Dated: July 18, 2001. and Avoidance of Unanticipated entities. In a SNUR that published on William H. Sanders, III Takings’’ issued under the Executive June 2, 1997 (62 FR 29684) (FRL–5597– Office Director, Office of Pollution Prevention Order. 1), the Agency presented it’s general and Toxics. This action does not entail special determination that proposed and final Therefore, it is proposed that 40 CFR considerations of environmental justice SNURs are not expected to have a part 721 be amended as follows: related issues as delineated by significant economic impact on a Executive Order 12898, entitled Federal substantial number of small entities, PART 721—[AMENDED] Actions to Address Environmental which was provided to the Chief Justice in Minority Populations and Counsel for Advocacy of the Small 1. The authority citation for part 721 Low-Income Populations (59 FR 7629, Business Administration. would continue to read as follows: February 16, 1994). According to the Paperwork This action is not subject to Executive Authority: 15 U.S.C. 2604, 2607, and Reduction Act (PRA), 44 U.S.C. 3501 et 2625(c). Order 13045, entitled Protection of seq., an Agency may not conduct or 2. Section 721.1925 is amended as Children from Environmental Health sponsor, and a person is not required to follows: Risks and Safety Risks (62 FR 19885, respond to a collection of information April 23, 1997), because this is not an that requires OMB approval under the a. By revising the section heading. economically significant regulatory PRA, unless it has been approved by b. By revising paragraphs (a)(1), action as defined by Executive Order OMB and displays a currently valid (a)(2)(i), and (a)(2)(iii). 12866, and this action does not address OMB control number. The OMB control c. By removing paragraph (b)(3). environmental health or safety risks numbers for EPA’s regulations, after § 721.1925 Substituted carboheterocyclic disproportionately affecting children. initial display in the preamble of the butane tetracarboxylate (generic). In addition, since this action does not final rule and in addition to its display (a) * * * (1) The chemical involve any technical standards, section on any related collection instrument, are substance identified generically as 12(d) of the National Technology listed in 40 CFR part 9. Transfer and Advancement Act of 1995 The information collection substituted carboheterocyclic butane (NTTAA) Pub. L. 104–113 section 12(d) requirements related to this action have tetracarboxylate (PMNs P–90–440 and (15 U.S.C. 272 note), does not apply to already been approved by OMB P–95–4) is subject to reporting under this action. pursuant to the PRA under OMB control this section for the significant new uses Pursuant to section 605(b) of the number 2070–0012 (EPA ICR No. 574). described in paragraph (a)(2) of this Regulatory Flexibility Act (RFA) (5 This action does not impose any burden section. U.S.C. 601 et seq.), the Agency hereby requiring additional OMB approval. If (2) * * * certifies that promulgation of this SNUR an entity were to submit a significant (i) Protection in the workplace. will not have a significant adverse new use notice to the Agency, the Requirements as specified in § 721.63 economic impact on a substantial annual burden is estimated to average (a)(1), (a)(3), (a)(4), (a)(5)(i), (a)(5)(ii), number of small entities. The rationale between 30 and 170 hours per response. (a)(5)(iii), (a)(6)(i), (b) (concentration set supporting this conclusion is as follows. This burden estimate includes the time at 1.0 percent), and (c). Sections 721.63 A SNUR applies to any person needed to review instructions, search (a)(4), (a)(5)(i), (a)(5)(ii), (a)(5)(iii), and (including small or large entities) who existing data sources, gather and (a)(6)(i) do not apply when particle sizes intends to engage in any activity maintain the data needed, and of the chemical substance is greater than described in the proposed rule as a complete, review, and submit the 250 microns. ‘‘significant new use.’’ By definition of required significant new use notice. * * * * *
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(iii) Industrial, commercial, and (TREAD) Act, which mandates that the (TREAD) Act, Public Law 106–414 (114 consumer activities. Requirements as Secretary of Transportation initiate and Stat. 1800), was enacted which contains specified in § 721.80(f). complete a study, taking into account provisions on improving the * * * * * the views of the public, on the use and performance of child restraints. In 3. Section 721.9480 is amended as effectiveness of automobile booster seats Section 14(h), Improving the Safety of follows: for children, compiling information on Child Restraints—Booster Seat Study, a. By revising the section heading. the advantages and disadvantages of the TREAD Act mandates that the b. By revising paragraphs (a)(1), using booster seats and determining the Secretary of Transportation initiate and (a)(2)(i), and (b)(1). benefits, if any, to children from the use complete a study, taking into account c. By removing and reserving of boosters with lap and shoulder belts the views of the public, on use and paragraph (a)(2)(ii). compared to children using lap and effectiveness of automobile booster seats d. By removing paragraphs (a)(2)(iii), shoulder belts alone, and submit a for children, compiling information on report on the results of that study to the (a)(2)(iv), (a)(2)(v), and (b)(3). the advantages and disadvantages of Congress by November 1, 2001. using booster seats and determining the § 721.9480 Resorcinol, formaldehyde We anticipate that your comments benefits, if any, to children from use of substituted carbomonocycle resin will provide valuable insight as to the boosters with lap and shoulder belts (generic). public views and perception of booster compared to children using lap and (a) * * * (1) The chemical seats, specifically belt positioning shoulder belts alone, and submit a substance identified generically as booster seats. report on the results of that study to the resorcinol, formaldehyde substituted DATES: Written Comments: Written Congress by November 1, 2001. We carbomonocycle resin (PMN P–89–769) comments must be submitted for public anticipate that your comments will is subject to reporting under this section viewing and received at Docket provide some insight as to the public for the significant new uses described in Management at the address below no views and perception of booster seats, paragraph (a)(2) of this section. later than September 17, 2001. specifically belt positioning booster (2) * * * ADDRESSES: Written Comments: Submit seats. (i) Release to water. Requirements as written comments to the DOT Docket Traffic crashes are the leading cause specified in § 721.90 (a)(1), (b)(1), and Management System, U.S. Department of death to children of every age from (c)(1). of Transportation, PL 401, 400 Seventh 5 to 16 years old. Six of 10 children who (ii) [Reserved] Street, SW, Washington, DC 20590– die in passenger motor vehicle crashes (b) * * * 0001. Comments should refer to the are either not restrained at all or are (1) Recordkeeping. Recordkeeping Docket Number (NHTSA–2001–10359) improperly restrained. In addition, requirements as specified in § 721.125 and be submitted in two copies. If you children are being moved into adult (a), (b), (c), and (k) are applicable to wish to receive confirmation of receipt safety belts too soon. A child is manufacturers, importers, and of your written comments, please presumed ready to graduate from a processors of this substance. include a self-addressed, stamped booster seat to an adult lap/shoulder * * * * * postcard. belt when the child can firmly place Comments may also be submitted to [FR Doc. 01–20664 Filed 8–15–01: 8:45 am] his/her back against the vehicle seat the Docket electronically by logging back cushion with his/her knees BILLING CODE 6560–50–S onto the DOT Docket Management naturally bent over the front of the System Web site at http://dms.dot.gov. vehicle pad with feet firmly placed on Click on ‘‘Help & Information’’ to obtain the vehicle floor. This typically occurs DEPARTMENT OF TRANSPORTATION instructions for filing comments when a child is about 4 feet 9 inches electronically. In every case, the National Highway Traffic Safety tall. For children from 4- to 8-years old, comments should refer to the Docket Administration belt positioning booster seats, properly Number. used, can help prevent injury by Claim of Confidentiality for Written 49 CFR Part 571 improving the fit of adult-sized safety Comments: See below, How Do I Submit belts fit. Unfortunately, few children [Docket No. NHTSA–2001–10359] Confidential Business Information? who could benefit from booster seats FOR FURTHER INFORMATION CONTACT: actually use them. Most studies indicate Request for Comments To Obtain the Linda McCray, Office of Vehicle Safety that booster seat usage rates are below Views of the Public on the Use and Research, NRD–11, NHTSA, 400 10 percent. Survey data show that the Effectiveness of Booster Seats Seventh Street, SW, Washington, DC other children either use safety belts AGENCY: National Highway Traffic 20590 (telephone 202–366–6375, Fax: alone or ride totally unrestrained. Safety Administration (NHTSA), DOT. 202–366–7237, E-mail In 1998, NHTSA included questions [email protected]). ACTION: Request for Comments. about booster seat use in a telephone SUPPLEMENTARY INFORMATION: This survey of a randomly selected national SUMMARY: This document requests document requests comments from all sample of about 4,000 persons age 16 comments from all interested parties on interested parties on the use and and older. A subgroup of 754 parents or the use and effectiveness of belt effectiveness of belt positioning boosters caregivers of children under the age of positioning boosters (hereafter noted as (hereafter noted as ‘‘booster(s)’’), taking 6, were asked if they were aware of ‘‘booster(s)’’), taking into account the into account the advantages and booster seats. While 76 percent of these advantages and disadvantages of belt disadvantages of belt positioning participants said they were aware of positioning boosters with adult lap/ boosters with adult lap/shoulder belts booster seats, 21 percent said they were shoulder belts versus adult lap and versus adult lap and shoulder belts unaware of them, and 3 percent were shoulder belts alone. alone. unsure. Of those who were aware of It responds to Section 14(h) of the On November 1, 2000, the booster seats, 53 percent said they had Transportation Recall Enhancement, Transportation Recall Enhancement, used them at some time for their Accountability, and Documentation Accountability, and Documentation children.
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The survey confirmed that children have outgrown convertible/forward- programs, program effectiveness and who should be in booster seats often use facing child safety seats. On December evaluation, target audiences, program safety belts alone instead. While most 7, 2000, The National Transportation delivery, challenges, and funding participants thought children in rear- Safety Board (NTSB) held a meeting/ sources. facing seats were expected to move on hearing on the availability and cost of In an effort to assess the performance to other safety seats, 14 percent lap-belt-only booster seats. These types of booster seats in real-world crashes expected their older children to use of booster seats can be used in vehicle and laboratory tests, the agency is safety belts. Slightly more than half (55 rear seats that are only equipped with a conducting a detailed review of crash percent) of the parents whose children lap belt. and test data. Again, the TREAD Act used child safety seats said that when In April 2001, the American directs the agency to consider the their children outgrew a child seat they Association for Automotive Medicine public’s views on the use, effectiveness, would use a different seat or booster (AAAM) sponsored an international and perceived advantages and seat while 43 percent answered either conference, Booster Seats for Children: disadvantages of booster seats, that the children would graduate to Closing the Gap Between Science and specifically belt positioning boosters safety belts alone or that they did not Public Policy, of leading child passenger versus lap/shoulder belts alone. know how they would be restrained. safety experts in medicine, engineering, Therefore, NHTSA is seeking input from In spite of the documented public policy, research and the general public, child safety effectiveness of safety seats, many enforcement. A major goal of that advocates, child passenger safety families still do not use them. Although conference was to develop scientifically experts, academia, law enforcement there are child safety seat usage laws in based recommendations that would lead personnel, medical experts, and child every State and the District of Columbia, to public policies, including regulation seat and vehicle manufacturers most laws do not apply to booster seat and legislation, on booster seats and that regarding booster seats. Comments use. The usage rate is very low for would guide future research in child should consist of, but are not limited to, booster seats by children who have occupant restraint systems. The results on booster seat use, outgrown their convertible forward- recommendations can be found at effectiveness, advantages and facing child safety seats but who do not www.carcrash.org/recs.html. disadvantages from special studies, yet fit adult belts. NHTSA also has been a close partner focus group studies, real-world crash NHTSA is proud of its role as a in the development and refinement of data and laboratory tests and results. In national leader in promoting child the ‘‘Boost America!’’ program addition, we offer the following passenger safety. During the past several sponsored by Ford Motor Company. questions for consideration: years, government, industry, advocates, This $30 million program, launched on Use: The usage rate for booster seats etc., have pursued various methods to April 30, 2001, will give away a million by children who have outgrown their best address the issue of proper restraint booster seats during the program’s first convertible/forward-facing child safety use for older children—including those 12 months, and award $1 million in that have outgrown the convertible/ grants to local organizations to support restraints is very low (below 10 forward-facing child safety seat. In 1998, grassroots booster seat advocacy and percent). Survey data show that these the Blue Ribbon Panel II: Protecting Our distribution efforts. In addition, the children often use safety belts alone Older Child Passengers convened to program will distribute preschool and instead or ride totally unrestrained. develop better methods to protect elementary school educational materials 1. Study results presented at the children ages 4 through 15 years old. In promoting booster seat use. The Agency AAAM booster seat conference 1999, to address the issue of nonuse of plans to continue working with indicated that booster seat usage rates booster seats, NHTSA awarded grants retailers, child safety seat and vehicle varied geographically, ranging from totaling $800,000 to six States and manufacturers to raise consumer approximately 6 to 14 percent. These communities for pilot and awareness of booster seats. In addition, rates are very low. Considering the fact demonstration programs to be the Agency has sought public input to that belt positioning boosters have only developed which could be duplicated identify potentially effective entered the market within the last 5 to nationally to increase booster seat usage interventions to address the problem of 6 years, what are the possible reasons for children ages 4 to 8 years and to prematurely moving children from that their usage rates are so low? Are promote safety belt use among older safety seats to adult safety belts. As there any additional studies of booster children. Final reports from these required by Section 14(h) of the TREAD seat use that were not presented at the programs are due at the end of 2001. Act, NHTSA will develop, by November AAAM conference? NHTSA will continue to provide 2001, a 5-year strategic plan to reduce 2. Are parents confused as to what funding to State and local agencies to deaths and injuries caused by failure to size/weight children should be in promote the use of booster seats and use the appropriate booster seat in the booster seats? Are Agency guidelines safety belts by older children and will 4- to 8-years old age group by 25 regarding children 4 to 8 years old, 40 develop ‘‘best practices’’ strategies and percent. A Federal Register Notice (66 to 80 pounds, or less than 57 inches educational materials. In February 2000, FR 30366) related to that initiative, confusing to the parents? based on Blue Ribbon Panel II Docket Number NHTSA–01–9785, was 3. The TREAD Act directs the agency recommendations (see http:// published on June 6, 2001, to announce to move forward aggressively to educate www.actsinc.org/whatsnew_6.html), a public meeting (held on July 10, 2001) the public on booster seats in an effort NHTSA launched the Don’t Skip a Step and request comments to facilitate the to increase usage. Once parents/ national booster seat campaign to development of the plan. The intent of caregivers are educated, are there educate parents about the risks of the meeting was to provide the sharing adequate varieties of booster seats improperly positioned adult safety belts of viewpoints, information, and ideas on available in the marketplace for the and the effectiveness of belt-positioning booster seat usage. Among those in various size children and types of booster seats for children ages 4 to 8 attendance were the general public, vehicle seats? Are there adequate years. The agency later introduced 4 industry, government, and advocacy varieties of booster seats for various Steps for Kids, a campaign to promote groups. Topics discussed included, but types of safety belt configurations (i.e., the use of booster seats for children who were not limited to, educational lap/shoulder versus lap belt only)?
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4. What are parents’ perceptions of and the 54 percent effectiveness for 9 to to the Docket Management at the above booster seats compared to convertible/ 14 year olds in a lap/shoulder belt? This address. forward-facing child safety seats with is based on the assumption that there regard to ease of use, comfort and could be a 6 percentage point difference How Can I Be Sure That My Comments convenience, safety, acceptance by in effectiveness by improving belt fit by Were Received? children and other factors? using a booster seat. That is, boosting If you wish Docket Management to 5. Are they as safe as convertible/ the child up improves the fit of the lap notify you upon its receipt of your forward-facing child safety seats, based belt portion and moves the shoulder belt comments, enclose a self-addressed, on any comparative test and evaluation away from the face and neck area. stamped postcard in the envelope data? 2. Are there any available data or containing your comments. Upon Effectiveness: Given that the usage reports on the effectiveness of belt receiving your comments, Docket rate of booster seats is so low, the positioning booster seats based on real- Management will return the postcard by Agency has to evaluate the effectiveness world crash data? mail. of these devices based on the 3. What is the perceived effectiveness information it is able to gather through of belt positioning boosters by parents? How Do I Submit Confidential Business its own research and public comments Information? obtained. To facilitate this task, we offer Advantages/Disadvantages the following points to focus your 1. For those parents who use—versus If comments contain any materials comments: those who do not use—booster seats, that are claimed to be confidential 1. The agency does not have enough what are some of the perceived business information, these materials crash data with booster seats available advantages and disadvantages of belt must be submitted in a separate in its files to make a reliable estimate of positioning boosters used with an adult enclosure envelope marked confidential the effectiveness of booster seats at this lap/shoulder belt when compared to the to the Office of Chief Counsel, NCC–30, time. Based on analytical estimates, the use of adult lap/shoulder belt alone? at 400 Seventh Street, SW., Room 5219, agency currently believes that belt- 2. Are there any real-world data and/ Washington, DC 20590. In accordance positioning booster seats would provide or laboratory test data to support any with the provisions of the Agency’s children in the 4- to 8-year-old age advantages and/or disadvantages regulations concerning confidential group about 6 percentage points greater between the two types of restraint business information (49 CFR part 512) effectiveness than lap/shoulder belts systems? commenters should identify the provide adults. The following is our While these questions are not all particular portions of their submissions evaluation of the effectiveness of inclusive in identifying the issues raised for which they claim confidentiality (49 restraints in the back seat using 1988 to in this Notice, they provide some CFR 512.4(a)(2) and (3)), and they 1997 data from the Fatality Analysis insight. should stamp or mark the word Reporting System (FARS). The results Again, we anticipate that your ‘‘confidential,’’ or some other term that are quite interesting and open for comments will provide some insight clearly indicates the presence of discussion of the effectiveness of belt into the public views and perceptions information claimed to be confidential, positioning booster seats. regarding the use of booster seats, on the top of each page that contains Children 5 to 8 years old in the back specifically belt positioning booster information claimed to be confidential seat: seats. Your response to this Notice will (49 CFR 512.4(a)(1)). Commenters also Effectiveness of lap belts = 30% help the Agency in determining its should include with their submissions a Effectiveness of lap/shoulder belts = future course of action with respect to certification stating that they (or their 48% child booster seats. Interested persons representatives) have made a diligent Children 9 to 14 years old in the back are invited to submit comments on this inquiry to ascertain that the submitted seat: Notice. All written comments must be information has not been disclosed or Effectiveness of lap belts = 41% in English. Comments must not exceed otherwise been made public (49 CFR Effectiveness of lap/shoulder belts = 15 pages in length, but necessary 512.4(e)) and also information 54% attachments may be appended to these supporting their claim for confidential submissions without regard to the 15- treatment (49 CFR 512.4(b)(3)). The Rear seat occupants 5 to 100 years old page limit (49 CFR 553.21). This in the back seat: supporting information should, among limitation is intended to encourage other things, inform the agency of the Effectiveness of lap/shoulder belts = commenters to detail their primary 44% period of time for which confidential arguments in a concise fashion. treatment is being requested (49 CFR These data indicate a significant Comments to applicable, related 512.4(b)(3)(ix)) and describe the improvement in effectiveness between safety recommendations proposed by particular harm that would result from lap belts only and lap/shoulder belts for NTSB, AAAM, and Blue Ribbon Panel disclosure (49 CFR 512.4(b)(3)(vi)). children in the age group of 5 to 8 years. II are welcomed. Further information on Therefore, if a parent determines that booster seats can be obtained by going In addition, if a submission contains the shoulder belt fits properly and to the NHTSA Web site at information that is claimed to be places it behind the child’s back, the www.nhtsa.dot.gov. entitled to confidential treatment, result is a lap belt with the lower commenters should submit directly to How Do I Prepare and Submit effectiveness of 30 percent, rather than (Linda McCray at the above address) one Comments? the lap/shoulder belt with 48 percent copy of the submission in its entirety effectiveness. Is it valid to assume that Your comments must be written and (including the portions claimed to be an approximate measure for the in English. To ensure that your confidential) and also one copy of a effectiveness of a belt positioning comments are correctly filed in the ‘‘public version’’ of the submission, booster seat would be the difference Docket, the Docket number (NHTSA– from which portions claimed to be between the 48 percent effectiveness for 2001–10359) must be included in your confidential have been redacted (49 CFR 5 to 8 year olds in a lap/shoulder belt comments. Submit all written comments 512.4(a)(4)).
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Will the Agency Consider Late ACTION: Denial of petition for horizontal location to which they could Comments? rulemaking. be adjusted in this limited range. In our response, we will consider all Federal-Mogul states that this would SUMMARY: This document denies the resolve some manufacturing problems. comments that Docket Management petition submitted by Federal-Mogul receives before the close of business on It also stated that an anti-tampering Lighting Products (Federal-Mogul) to feature would be included to assure that the comment closing date indicated amend Federal Motor Vehicle Safety above under DATES. To the extent the aim could not be changed to be Standard (FMVSS) No. 108, ‘‘Lamps, outside the horizontal range within possible, we will also consider Reflective Devices, and Associated comments that Docket Management which the headlamp achieved Equipment,’’ to allow headlamps that photometric compliance. receives after that date. are aimed visually or optically to have Please note that even after the The agency’s response was that the a horizontal adjuster system that does comment closing date, we will continue standard could not be interpreted in this not have the required ±2.5 degree to file relevant information in the manner. Federal-Mogul asked in its horizontal adjustment range or the Docket as it becomes available. Further, request for interpretation that, if the vehicle headlamp aiming device some people may submit late comments. agency did not find that its headlamp (VHAD) indicator required by the Accordingly, we recommend that you system would be compliant, that the standard. periodically check the Docket for new document be handled as a petition for material. FOR FURTHER INFORMATION CONTACT: Mr. rulemaking. Chris Flanigan, Office of Safety Background How Can I Read the Comments Performance Standards, NHTSA, 400 Submitted by Other People? Seventh Street, SW, Washington, DC Proper aim is required to ensure that You may read the comments by 20590. Mr. Flanigan’s telephone number headlamps installed on motor vehicles visiting Docket Management in person is: (202) 366–4918. His facsimile fulfill the safety functions required by at Room PL–401, 400 Seventh Street, number is (202) 366–4329. Federal law. There are three principal S.W., Washington, DC, from 9:00 a.m. to SUPPLEMENTARY INFORMATION: By letter methods of aiming headlamps. The first 5:00 p.m., Monday through Friday. dated June 7, 1999, Federal-Mogul asked is visual and is done by projecting the You may also view the comments on the agency for an interpretation on a beam onto a vertical surface and then the Internet by taking the following new headlamp system design it was adjusting the headlamp to an steps: contemplating. It wanted to appropriate position. This position is 1. Go to the Docket Management manufacture headlamps that have a ±1 determined by an observer. The second System (DMS) Web page of the degree horizontal adjustment range, by is optical and is done by projecting the Department of Transportation (http:// means of an aiming screw, to beam into an optical device that is dms.dot.gov). accommodate the need to adjust the placed in front of the headlamp and 2. On that page, click on ‘‘search.’’ headlamp relative to the vehicle body so then adjusting the headlamp until the 3. On the next page ((http:// that it is in the design location. The beam conforms to the appropriate dms.dot.gov/search/) type in the last horizontal aiming requirements, in parameters. Lamps utilizing these two five digits of the Docket number shown paragraph S7.8.5.2(a)(2)(iv) of FMVSS methods are termed visual/optical aim at the beginning of this document (i.e., No. 108, specify that ‘‘[t]he horizontal (VOA) headlamps. 10359). Click on ‘‘search.’’ Regarding horizontal aim adjustment 4. On the next page, which contains indicator shall perform through a ± required for VOA headlamps, paragraph Docket summary information for the minimum range of 0.76 degree (4 S7.8.5.3(b) of FMVSS No. 108 states that Docket you selected, click on the [inches (in.)] at 25 [feet (ft.)]); however, ‘‘[t]here shall be no adjustment of the desired comments. You may also the indicator itself shall be capable of ± horizontal aim unless the headlamp is download the comments. recalibration over a movement of 2.5 degrees relative to the longitudinal axis equipped with a horizontal VHAD.’’ A Authority: 49 U.S.C. 30111, 30117, 30168; of the vehicle to accommodate any VHAD is an item of equipment installed delegation of authority at 49 CFR 1.50 and adjustment necessary for recalibrating on the vehicle and headlamp which is 501.8. the indicator after vehicle repair from used for determining headlamp aim Issued on: August 10, 2001. accident damage.’’ mechanically in much the same manner Raymond P. Owings, If the horizontal aiming screw is as described above. In its most common Associate Administrator for Research and included on the headlamp housing, the form, there is a bubble vial on the Development. headlamp must also include a headlamp housing which has a closely [FR Doc. 01–20633 Filed 8–15–01; 8:45 am] horizontal adjustment mechanism with specified geometric relationship to the BILLING CODE 4910–59–P a fiducial mark that indicates alignment headlamp beam’s vertical location. of the headlamps relative to the When the bubble is within a specific vehicle’s longitudinal axis. Specifically, area indicated on its vial, the DEPARTMENT OF TRANSPORTATION paragraph S7.8.5.2(a)(2)(i) requires that headlamp’s vertical aim is correct. A the horizontal adjuster have a graduated similar mechanical reference marking National Highway Traffic Safety scale not greater than 0.38 degree (2 in. system is used for correct horizontal Administration at 25 ft.) to provide for variations in aim aim, essentially aligning the optical axis of at least 0.76 degree (4 in. at 25 ft.) to of the headlamp housing or reflector to 49 CFR Part 571 the left and the right of the longitudinal the vehicle’s longitudinal axis. One Denial of Petition for Rulemaking; axis of the vehicle, and have an attractive feature of VHADs is that they Federal Motor Vehicle Safety accuracy relative to the zero mark of less provide a simple way to determine a Standards than 0.1 degree. Federal-Mogul asked headlamp’s proper aim. However, that these requirements also be deleted. VHADs add to vehicle cost. Some AGENCY: National Highway Traffic In producing lamps in this manner, vehicle manufacturers choose to use Safety Administration (NHTSA), the photometry would be designed so them for the additional styling freedom Department of Transportation. the lamps could comply in any they provide, but other manufacturers
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choose not to use them because of the meeting new beam pattern photometric Currently, manufacturers can only use added cost. requirements were developed. These a VHAD for providing horizontal aim The third method of aim is headlamps have a beam pattern that is adjustment if they want that feature on mechanical and is done without relatively insensitive to modest a VOA headlamp. Federal-Mogul’s activation of the headlamp. In this case horizontal misaim. VOA headlamps petition appears to be based on a desire the proper aim is determined through were allowed based on comments to the to have a small horizontal adjustment the use of mechanical equipment, either agency that vehicles could be built with without a VHAD for the purpose of external to the headlamp housing or such close tolerances that no horizontal overcoming inaccuracies in the design provided as part of the headlamp. aim adjustment was necessary. and assembly of motor vehicles such External mechanical aim was Additionally, to date, no useful visual that the headlamp housing may be introduced in 1955 by the automotive cue for horizontal aiming exists. purposefully misaimed, within a certain industry in response to aiming concerns Consequently, because no visual cue range, to help assure the desired expressed by the States. These concerns was available for the purpose of visually symmetric size of the gap were related to the inability of the first horizontal aiming, the agency did not between the vehicle body and the two methods to provide accurate and permit any horizontal movement of headlamp or between the headlamp repeatably correct aim at that time. VOA headlamps. The lamp is reflector and the surrounding headlamp The ability of motor vehicle essentially correctly aimed as installed. housing while simultaneously achieving headlamps to be mechanically aimed As an alternative, horizontal-aiming correct horizontal aim because of the has been a requirement of FMVSS No. VHADs were permitted on VOA design of the headlamp’s lower beam. 108 from its effective date of January 1, headlamps as a means for manufacturers The agency is also aware of other 1968. Mechanical aiming was necessary to meet European requirements which lighting manufacturers who are because accurate and reliable visual or require both a horizontal and vertical contemplating methods of overcoming optical aim of the lower beam pattern in aim adjustment. Thus, to be sold in both manufacturing inaccuracies with use in the United States at that time was the European and U.S. markets, a methods similar to Federal-Mogul’s. difficult to achieve. Sealed beam headlamp needs both a horizontal and During the negotiated rulemaking, all headlamps, the only type permitted vertical aiming screw. A VOA headlamp of the vehicle manufacturers until 1983, are required to have one of intended for use only in the U.S. market represented on the committee stated four aiming pad patterns on the lens for need only have the vertical one. that they were capable of building mechanical aiming. These patterns vehicles as accurately as needed to consist of three raised aiming pads Agency Analysis install VOA headlamps. However, this arranged as a triangle at specified points As part of the justification for the degree of precision in assembly adds on the lens which create a precise agency’s allowing VOA headlamps in cost. This is also the case for including interface between the headlamp and a 1996, vehicle manufacturers indicated a VHAD. Federal-Mogul’s petition mechanical aiming device attached to requests a less expensive third that they needed no horizontal aim the headlamp during the aiming alternative. That is, it requests that a adjustment because of the present verification process. The mechanical small horizontal aim range be permitted accuracy of vehicle assembly and aiming device provides information so to allow manufacturers to make the fit headlamp positioning on the assembly that the aiming planes of the headlamps of the headlamp to their vehicle to line. Because of this, and the fact that on each side of the vehicle can be appear more precise than would no reliable scientific method of adjusted to be parallel with each other otherwise be the case. The requested achieving horizontal VOA has been and perpendicular to the road surface. horizontal aim would only be large determined, two major changes were Because a headlamp’s beam pattern is enough ‘‘to ensure the headlamp will made to FMVSS No. 108 for VOA designed to be correctly aimed when the stay in compliance when installed on a aiming plane is oriented as stated, the headlamps. These were: (1) the beam vehicle.’’ beam pattern can be accurately and was made to be much wider and much Federal-Mogul’s petition overlooks repeatably aimed without the need for less sensitive to horizontal misaim and, the fact that, aside from a VHAD, VOA illuminating the headlamp. (2) no horizontal aiming screws or headlamps do not currently have any With the advent of replaceable bulb mechanisms other than a horizontal feature that allows anyone other than headlamps in 1983, restrictions on the VHAD were permitted. Federal-Mogul the headlamp’s manufacturer to size and shape of headlamps were no apparently does not want to bear the objectively assess the accuracy of longer required. While two additional costs of adding a VHAD to its VOA horizontal aim. Hence, a vehicle configurations of mechanical aiming headlamps, but does need some manufacturer seeking to adjust the pads were permitted, not all headlamp horizontal aim adjustment to be horizontal aim of these lamps on a new designs could accommodate them. In incorporated. As a consequence, it has vehicle would have no objective, response to this problem, the agency has petitioned to allow horizontal aim repeatable way to assess the impact of allowed VHAD since June 8, 1989. adjustability, but without a horizontal its horizontal aim adjustments on real VHAD is an alternative method of VHAD, as described above. world lighting performance. Because of mechanical aim which is not dependent In 1996, an internationally-comprised this limitation, neither the agency nor upon an externally applied mechanical Regulatory Negotiation Committee anyone else, including vehicle dealers device. It is accomplished by worked with the agency over many and state safety inspectors, would have mechanical aiming equipment on the months to achieve a consensus on all any way of knowing whether the vehicle itself. issues and the specific text of the ‘‘minor’’ horizontal aim adjustments As a consequence, the vehicle amendment to allow VOA headlamps. vehicle manufacturers could make industry requested that the agency allow Because the present VHAD horizontal pursuant to this request would produce VOA headlamps, provided that aim requirements, as applied to VOA, acceptable or ‘‘complying’’ horizontal significant visual cues in the beam were part of that consensus agreement, aim on headlamps on vehicles on the pattern were added to assure accuracy. the agency is reluctant to change these road. Subsequently, VOA headlamps became requirements, absent a compelling One promising near-term means of part of FMVSS No. 108 and headlamps demonstration of a need to do so. addressing the inability to provide
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horizontal aim is to find a solution for Given Federal-Mogul’s, as well as that the amendment requested by the a visual horizontal fiducial mark or other manufacturers’, desire for petitioner would be issued at the reference similar to the cutoff in the horizontal aiming features other than conclusion of a rulemaking proceeding. beam pattern that permits vertical visual VHADs, the agency believes it is Accordingly, it denies Federal-Mogul’s aiming. The vertical aim cutoff allows incumbent on Federal-Mogul and the petition. inspectors, service shops, and others to industry to develop a single method for Authority: 49 U.S.C. 30103, 30162; reliably and accurately vertically aim horizontal aiming which could be delegation of authority at 49 CFR 1.50 and these headlamps. Informal discussions incorporated into FMVSS No. 108. The 501.8. about developing a horizontal fiducial agency does not intend to assess feature in the lower beam pattern have individual manufacturer’s petitions for Issued on: August 13, 2001. been held at recent meetings of the alternatives to install a VHAD. Stephen R. Kratzke, Society of Automotive Engineers (SAE) In accordance with 49 CFR part 552, Associate Administrator for Safety Lighting Committee. There have also this completes the agency’s review of Performance Standards. been similar discussions at international the petition. The agency has concluded [FR Doc. 01–20668 Filed 8–15–01; 8:45 am] meetings of automotive lighting experts. that there is no reasonable possibility BILLING CODE 4910–59–P
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Notices Federal Register Vol. 66, No. 159
Thursday, August 16, 2001
This section of the FEDERAL REGISTER discolorations. The standards are being 29, 1998. These revisions changed contains documents other than rules or updated to provide more specific grade poultry feather tolerances and added proposed rules that are applicable to the factors for increasing accuracy of grade new boneless, skinless and size-reduced public. Notices of hearings and investigations, determination. Additionally, AMS will poultry products. Since that time, rabbit committee meetings, agency decisions and update the voluntary United States producers and processors have rulings, delegations of authority, filing of petitions and applications and agency Grade Standards for Grade C-quality requested that AMS clarify the rabbit statements of organization and functions are ready-to-cook poultry for consistency standards by developing detailed defect examples of documents appearing in this with existing U.S. Grade A and B tolerances for cuts and tears, section. standards. discolorations, and freezing defects to reflect the developing processing DATES: Comments must be received on technology. Rabbit processors hope to or before October 15, 2001. AGENCY FOR INTERNATIONAL use these standards to assist in DEVELOPMENT ADDRESSES: Written comments may be marketing graded rabbit products. submitted to David Bowden, Chief, AMS proposes to add stewer rabbits Notice of Meeting Standardization Branch, Poultry to the class of roaster and mature rabbits Programs, AMS, USDA, Room 3944- and decrease the age requirement for Pursuant to the Federal Advisory South Bldg., STOP 0259, 1400 these rabbits to six months of age. This Committee Act, notice is hereby given of Independence Avenue, SW, change is consistent with actual rabbit a meeting of the Advisory Committee on Washington, DC 20250–0259; faxed to grower and breeding terminology. Voluntary Foreign Aid (ACVFA). (202) 690–0941; or e-mailed to The following proposed changes Date: September 12, 2001 (9 a.m. to 5 [email protected]. pertain to the standards for Grades A-, p.m.). All comments received will be B-, and C-quality rabbits: Location: Marriott Metro Center, 775 available for public inspection during (1) Updated information will be 12th Street, NW., Washington, DC regular business hours (8 a.m.—4:30 provided for conformation and fleshing. 20005. p.m. eastern time). Current grade criteria describe hip and This meeting will focus on USAID’s The current United States Grade back characterizations that are not strategies in conflict prevention, Standards for Poultry and Rabbits, along applicable to meat-yielding rabbit procurement reform and HIV/AIDS. breeds today. The meeting is free and open to the with the proposed changes, are available either through the above address or (2) Disjointed and broken bone public. Persons wishing to attend the criteria will be updated to reflect actual meeting contact Rhonda Fagan at (202) AMS’s Internet site at: www.ams.usda.gov/standards. processing activities including the 204–3088, fax (202) 204–3089 or email presence of broken bones due to the
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lightly shaded, or moderately shaded Department of Agriculture and codified DEPARTMENT OF AGRICULTURE discolorations, blood clots, or at 7 CFR 6.20–6.37 provides for the incomplete bleeding will be allowed. issuance of licenses to import certain Forest Service Current standards do not indicate the dairy articles which are subject to TRQs dimensions for discolorations making set forth in the HTS. Those dairy articles Information Collection; National the grade establishment of rabbit may only be entered into the United Woodland Owner Survey carcasses and parts more difficult. States at the in-quota TRQ tariff rates by AGENCY: Forest Service, USDA. With respect to U.S. Grade C-quality or for the account of a person or firm to ACTION: Notice; request for comment. standards for poultry, AMS proposes to whom such licenses have been issued add subject headings and text for and only in accordance with the terms SUMMARY: In accordance with the poultry conformation, fleshing, fat and conditions of the regulation. Paperwork Reduction Act of 1995, the covering, defeathering, exposed flesh, Licenses are issued on a calendar year Forest Service is seeking comments discolorations, trimming, and freezing basis, and each license authorizes the from all interested individuals and defects to clearly define and coincide license holder to import a specified organizations on a previously approved with the requirements printed in the quantity and type of dairy article from information collection, ‘‘National Grade C-quality table. These additions a specified country of origin. The use of Woodland Owner Survey’’ that is being are consistent with the current written licenses by the license holder to import reinstated with change. This format for U.S. Grades A-and B-quality dairy articles is monitored by the Dairy information collection will help the poultry and impose no new Import Quota Manager, Import Forest Service assess the sustainability requirements to industry. Licensing Group, Import Policies and of forest resources of the United States, Other miscellaneous changes are Programs Division, Foreign Agricultural determine opportunities and constraints proposed to remove obsolete material, Service, U.S. Department of Agriculture of private woodland owners, and clarify, simplify, and technically correct and the U.S. Customs Service. facilitate planning and implementation the standards. These changes to the The regulation at 7 CFR 6.33(a) of forest policies and programs. rabbit and poultry standards impose no Information will be collected from new requirements. provides that a fee will be charged for each license issued to a person or firm private woodland owners of the United Dated: August 10, 2001. by the Licensing Authority in order to States. Kenneth C. Clayton, reimburse the Department of DATES: Comments must be received in Acting Administrator, Agricultural Marketing Agriculture for the costs of writing on or before October 15, 2001 to Service. administering the licensing system be assured of consideration. Comments [FR Doc. 01–20583 Filed 8–15–01; 8:45 am] under this regulation. received after this date will be BILLING CODE 3410–02–P The regulation at 7 CFR 6.33(a) also considered to the extent practicable. provides that the Licensing Authority ADDRESSES: Comments concerning this will announce the annual fee for each notice should be addressed to Brett DEPARTMENT OF AGRICULTURE license and that such fee will be set out Butler, Northeastern Research Station, USDA Forest Service, 11 Campus Blvd., Foreign Agricultural Service in a notice to be published in the Federal Register. Accordingly, this Suite 200, Newtown Square, PA 19073. Assessment of Fees for Dairy Import notice sets out the fee for the licenses to Comments also may be submitted via Licenses for the 2002 Tariff-Rate be issued for the 2002 calendar year. facsimile to (610) 557–4250 or by e-mail Import Quota Year to [email protected]. Notice The public may inspect comments AGENCY: Foreign Agricultural Service, The total cost to the Department of received at 11 Campus Blvd., Suite 200, USDA. Agriculture of administering the Room 2040, Newtown Square, PA. ACTION: Notice. licensing system during 2001 has been Visitors are encouraged to call ahead to determined to be $391,030 and the (610) 557–4045 to facilitate entry to the SUMMARY: This notice announces that building. Additionally, comments can the fee to be charged for the 2002 tariff- estimated number of licenses expected to be issued is 2,600. Of the total cost, be viewed on the internet at http:// rate quota (TRQ) year for each license www.fs.fed.us/woodlandowners. issued to a person or firm by the $197,856 represent staff and supervisory FOR FURTHER INFORMATION CONTACT: Department of Agriculture authorizing costs directly related to administering Brett Butler, Northeastern Research the importation of certain dairy articles the licensing system during 2001; Station, (610) 557–4045, which are subject to tariff-rate quotas set $62,924 represents the total computer [email protected], or Mary Ann Ball, forth in the Harmonized Tariff Schedule costs to monitor and issue import Forest Service Information Collection of the United States (HTS) will be licenses during 2001; and $130,250 Coordinator, (703) 605–4572, $150.00 per license. represents other miscellaneous costs, including travel, postage, publications, [email protected]. Individuals who use EFFECTIVE DATE: January 1, 2002. forms, and an ADP system contractor. telecommunication devices for the deaf FOR FURTHER INFORMATION CONTACT: Accordingly, notice is hereby given (TDD) may call the Federal Information David J. Williams, Interim Dairy Import that the fee for each license issued to a Relay Service (FIRS) at 1–800–877–8339 Quota Manager, Import Policies and person or firm for the 2002 calendar between 8 a.m. and 8 p.m., Eastern Programs Division, STOP 1021, U.S. year, in accordance with 7 CFR 6.33, Standard Time, Monday through Friday. Department of Agriculture, 1400 will be $150.00 per license. SUPPLEMENTARY INFORMATION: Independence Avenue, SW., Title: National Woodland Owner Washington, DC 20250–1021 or Issued at Washington, D.C. the 10th day of August, 2001. Survey. telephone at (202) 720–6939 or e-mail at OMB Number: 0596–0078. [email protected]. David J. Williams, Expiration Date of Approval: October SUPPLEMENTARY INFORMATION: The Dairy Interim Licensing Authority. 31, 1997. Tariff-Rate Import Quota Licensing [FR Doc. 01–20631 Filed 8–15–01; 8:45 am] Type of Request: Reinstatement, with Regulation promulgated by the BILLING CODE 3410–10–P change, of a previously approved
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information collection for which Office landowners in the state and the The Forest Service’s Forest Inventory of Management and Budget approval variability of the size of the owners’ and Analysis program will administer has expired. woodland holdings. the mail portion of this information Abstract: The National Woodland Respondents will be asked to answer collection. The Human Dimensions Owner Survey will collect data to assess questions that address: (1) Acres of Research Lab, Department of Forestry, the sustainability of the forest resources woodland owned in a given state and Wildlife, and Fisheries, University of of the United States, determine the sub-state areas, and number of parcels of Tennessee will administer the telephone opportunities and constraints that woodland owned; (2) acquisition and interview portion of the information private woodland owners typically face, deposition of woodland, form of collection. and facilitate the planning and ownership, whether or not the The Forest Service’s Forest Inventory implementation of forest policies and woodland is a part of a farm; and if so, and Analysis Program will compile and programs. The Forest and Rangeland the size of the farm, whether or not the edit, and then analyze the collected Renewable Resources Planning Act of woodland is a part of a primary data. The USDA Forest Service’s Forest 1974 (Pub. L. 93–278) and the Forest residence or secondary residence; Inventory and Analysis program will and Rangeland Renewable Resources reasons for owning woodland, leasing/ analyze the collected data. At a Act of 1978 (Pub. L. 95–307) are the renting of woodland; (3) existence and minimum, national and regional reports legal authorities for conducting the restrictions of conservation easements; of the data will be distributed through National Woodland Owner Survey. knowledge and participation in green print and electronic media. In addition, These acts assign responsibility for the certification programs; (4) participation the data will be made available to the inventory and assessment of forest and in cost-share programs; (5) who makes public. The publicly released data will related renewable resources to the management decisions; (6) types and be formatted to ensure the anonymity of Forest Services United States reasons for timber harvests, types, and the respondents. Department of Agriculture (USDA). uses of non-timber collections, and The National Woodland Owner Additionally, the importance of an types of cultural/management activities; Survey was last implemented in 1994 ownership survey in this inventory and (7) who, if anyone, do they consult for and the data from that information assessment process was highlighted in advice, what methods would they find collection indicated that there were 10 Section 253(c) of the Agricultural the most useful for learning about million private woodland ownerships in Research, Extension, and Education managing their woodland, what are the U.S., composed of a diverse and Reform Act of 1998, and the their concerns about their woodland dynamic group of people. Revisions are recommendations of the Second Blue from both cultural and biophysical planned to increase the reliability of the Ribbon Panel on the Forest Inventory threats, how do they intend to use their estimates and ask questions about and Analysis Program. woodland in the future; and (8) emerging topics such as green The Forest Service’s Forest Inventory demographics including age, gender, certification and conservation and Analysis program has conducted ethnicity, race, disability, education, easements for the next information the National Woodland Owner Survey income, and occupation. The collection. These gathered data are not on a periodic basis since 1978. The respondents will be asked to provide available from other sources. National Woodland Owner Survey additional comments, if any, in the This information collection will help collects information to help answer space provided. in providing the users with reliable and questions related to the characteristics The information collection will current data and sources. The of the landholdings and landowners, collect data using a mixed-mode survey information collected will result in good ownership objectives, the supply of technique that will involve a self- planning and implementation of timber and non-timber products, forest administered mail questionnaire and programs, complete assessments of the management practices, delivery of telephone interviews. First, a prenotice country’s resources, and generally education and financial assistance, and letter will be mailed to all potential reliable information in this important the concerns/constraints perceived by respondents describing this information and very dynamic segment of the U.S. the landowners. The information collection—why we are doing it and population. collected has provided widely cited why we need their help. Second, a Estimate of Annual Burden: 15 benchmarks of the private woodland questionnaire with a cover letter will be minutes. owners in the U.S. These results have mailed to the potential respondents. The Type of Respondents: Individuals, been used to assess the sustainability of cover letter will reiterate the purpose American Indian tribes, partnerships, forest resources at national, regional, and importance of this information corporations, nonprofit organizations, and state levels; implement and assess collection and provide the respondents and clubs that own woodland. the success of woodland owner with legally required information. Estimated Annual Number of assistance programs; and answer a Third, a reminder will be mailed to Respondents: 10,000 private woodland variety of questions with topics ranging thank the respondents and encourage owners. from fragmentation to the economics of the non-respondents to respond. The Estimated Annual Number of private timber production. last stage of the mail portion of the Responses per Respondent: One (1) The respondents will be a statistically information collection will be mailing a response per respondent. selected group of individuals, American second questionnaire and cover letter. Estimated Total Annual Burden on Indian tribes, partnerships, Telephone interviews will be used for Respondents: 2,500 hours. corporations, nonprofit organizations, follow-up surveys of the non- and clubs that own woodland in the respondents to ensure that a response Comment Is Invited U.S. This group will be selected by rate of 80 percent is achieved in each Comment is invited on: (1) Whether using public records to collect the state and territory. The questionnaire this collection of information is names and addresses from a systematic and interviews will be available in necessary for the stated purposes and set of points identified as woodland English and Spanish. An electronic the proper performance of the functions from across the U.S. The number of version of the questionnaire will also be of the agency, including whether the landowners contacted in each state will available to reduce the burden on information will have practical or be a function of the total number of respondents. scientific utility; (2) the accuracy of the
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agency’s estimate of the burden of the would occur in Trout Creek and the trap operations are all sources of fish collection of information, including the Wind River from the sudden release of mortality and or/impediments to safe validity of the methodology and the sediment in the reservoir. Removing and efficient fish passage. Trout Creek assumptions used; (3) ways to enhance the dam and implementing the also has surpassed water temperature the quality, utility, and clarity of the associated channel restoration would: limits lethal to fish, frequently information to be collected; and (4) eliminate the need for a fish ladder and exceeding the State water quality ways to minimize the burden of the restore the stream to provide safe and maximum temperature standard (16 collection of information on efficient migratory fish passage; restore degrees C.). The reservoir created by respondents, including the use of aquatic and riparian habitat; lower Hemlock Dam compounds the water automated, electronic, mechanical, or water temperatures; and restore natural temperature problem in Trout Creek by other technological collection movement of sediment and organic slowing the movement of water, and techniques, or other forms of material within the system. Dam exposing the large surface area of the information technology. removal would address the ‘‘High’’ lake to the sun. it also impedes the All comments received in response to Downstream Hazard Potential natural movement of sediment and this notice, including names and associated with the dam and sediment- organic material, impacting the addresses when provided, will be a filled reservoir. Developing recreation downstream aquatic ecosystem. The matter of public record. Comments will features at the site compatible with dam goals of restoration efforts in the Wind be summarized and included in the removal, and interpretive facilities to River Watershed have been to accelerate submission for Office of Management tell the history of the dam, are also the recovery of riparian, in-stream and Budget approval. intended outcomes of this proposal. The habitat and water quality. Through the Dated: August 8, 2001. proposed action would be implemented watershed analysis for the Wind River, under the direction of the Gifford initially conducted in 1996 and updated Robert Lewis, Jr., Pinchot National Forest Land and in 2000, removal of Hemlock Dam was Deputy Chief for Research & Development. Resource Management Plan (1990) as recommended for removal to help [FR Doc. 01–20675 Filed 8–15–01; 8:45 am] amended by the Record of Decision for accomplish the restoration goals. BILLING CODE 3410–11–P Amendments to Forest Service and The inspection of the dam in 2000 by Bureau of Land Management Planning the Department of Ecology (DOE) found Documents Within the Range of the the dam to be fairly well maintained. DEPARTMENT OF AGRICULTURE Northern Spotted Owl (1994), referred to Due to the high sediment load behind Forest Service as the Northwest Forest Plan. the dam, however, and the lack of DATES: Comments concerning the issues information on the original dam design Fish Passage and Aquatic Habitat and scope of this proposal must be specification for silt loads, the State Restoration at Hemlock Dam, Gifford received by October 31,2001 to be used Department of Ecology elevated the Pinchot National Forest, Skamania for refining this proposed action or safety rating of the dam to ‘‘High’’ for County, Washington developing alternatives to the proposal. the ‘‘Downstream Hazard Potential’’. While public participation in this Due to this rating, the DOE requires an AGENCY: Forest Service, USDA. analysis is welcome at any time, analysis of the dam to determine its ACTION: Notice of intent to prepare an comments received on or before stability. This analysis will be environmental impact statement. September 17, 2001 will be especially undertaken concurrent with this useful in the preparation of the draft proposal to remove the dam since the SUMMARY: The Forest Service will EIS. information will be relevant when prepare an environmental impact evaluating the no action alternative, or ADDRESSES: Send comments via post statement (EIS) to restore migratory fish any alternatives that propose to keep the mail to Hemlock Dam Planning Team, passage, and aquatic and riparian dam in place. habitat at Hemlock Dam on Trout Creek. Mount Adams Ranger District, 2455 The Gifford Pinchot National Forest The Forest is proposing to remove Highway 141, Trout Lake, Washington commissioned a preliminary study with Hemlock Dam, partially dredge the 98650. Comments via e-mail to _ _ Washington State University in 1999 to reservoir, restore 2000 feet of the r6 gp @fs.fed.us Subject: Hemlock Dam evaluate feasible options to improve fish original creek channel, and revegetate EIS. passage at Hemlock Dam. This the affected riparian areas with native FOR FURTHER INFORMATION CONTACT: For preliminary study provides the basis for plants. In 1998 the United States technical information: call Ken Wieman, our proposal to remove the dam. National Marine Fisheries Service 509–395–3385; for planning process Several key issues related to the declared the Lower Columbia steelhead information: call Julie Knutson, 509– removal of Hemlock Dam have been as threatened for extinction, in 395–3378. identified to date. They include: (1) accordance with the Endangered SUPPLEMENTARY INFORMATION: The Trout Cultural Resources—Loss of the dam Species Act. Hemlock Dam and the Creek steelhead population has been on and fish ladder and protection of associated fish ladder and reservoir a precipitous decline since the late prehistoric and historic sites within the have been identified as key factors 1980’s. Approximately 50% of the entire vicinity of the dam are the key cultural leading to the decline of the wild Wind River native steelhead production resource issues. Hemlock Dam and the steelhead in the Trout Creek system. In historically came from Trout Creek; it fish ladder are historic structures addition, an inspection of the dam in now represents less than 10 percent of completed in 1936 by the Civilian 2000 by the Washington State the Wind River wild steelhead Conservation Corps, and are eligible for Department of Ecology elevated the population. The genetic diversity of inclusion in the National Register of safety rating of the dam to ‘‘High’’ for Trout Creek steelhead is at risk as a Historic Places. The dam was the ‘‘Downstream Hazard Potential’’. A result of a precariously low adult constructed in order to provide failure of the dam during a 100-year population. Inconsistent and ineffective hydroelectric power for the Ranger food event would threaten life and water flow conditions below the dam, District and Nursery, as well as to property downstream. Also, inefficient fish ladder design, ineffective provide recreational opportunities for considerable environmental damage downstream travel routes, and adult local residents. In 1958 the dam was
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retooled to serve as a source of irrigation Communication Plan. A web site will be and respond to them in the final for the nursery. The need for irrigation established in the near future on the environmental impact statement. To ceased in 1997 with the closure of the Gifford Pinchot National Forest World assist the Forest Service in identifying nursery. (2) Recreation—Hemlock Lake Wide Web to enable interested parties to and considering issues and concerns on has continued to provide recreational access project information directly. the proposed action, comments on the opportunities since the dam was Continued scoping and public draft environmental impact statement constructed. While the lake conditions participation efforts will be used by the should be as specific as possible. It is and uses have changed over time, the interdisciplinary planning team to also helpful if comments refer to lake currently provides a shallow, warm identify new issues, develop specific pages or chapters of the draft water play area popular with people of alternatives in response to the issues, statement. Comments may also address all ages during the summer months, and determine the level of analysis the adequacy of the draft environmental particularly families with young needed to disclose potential biological, impact statement or the merits of the children. Removing the dam would physical, economic and social impacts alternatives formulated and discussed in mean a loss of the lake and the current associated with the project. The Forest the statement. Reviewers may wish to recreation opportunities. (3) Wetlands— Service is seeking information, refer to the Council on Environmental Over time, wetlands have developed in comments, and assistance from other Quality Regulations for implementing the backwaters of Hemlock Lake and agencies, organizations or individuals the procedural provisions of the now support plant and animal species who may be interested in or affected by National Environmental Policy Act at 40 that rely on wetland habitat. Removing the proposed project. The input will be CFR 1503.3 in addressing these points. the dam could reduce or eliminate these used in preparation of the draft EIS. The The final EIS is anticipated to be unique habitats, as well as affect pond- scoping process will be used to: completed by December, 2003. In the dwelling species. Identify potential issues; Identify major issues to be analyzed in final EIS, the Forest Service is required Two alternatives to full dam removal to respond to substantive comments provided by the WSU study address the depth; Identify alternatives to the proposed received during the comment period for above issues, in whole or part: (1) Notch the draft EIS. Gregory L. Cox, Mount the dam, construct a new fish ladder, action; and Adams District Ranger, is the and create an ‘‘off-channel’’ pond for Identify potential environmental Responsible Official. He will decide, recreation opportunities; (2) leave the effects of the proposed action and which, if any, of the proposed project dam in place, dredge the reservoir, and alternatives (i.e., direct, indirect, and alternatives will be implemented. His construct a new fish ladder. cumulative effects). Permits required for dam removal The draft EIS is expected to be filed decision and reasons for the decision include the Hydrologic Permit Approval with the Environmental Protection will be documented in the Record of (HPA) from the Washington Department Agency (EPA) and to be available for Decision, which will be subject to Forest of Fish and Wildlife; Approval to Allow public review by September 2002. The Service Appeal Regulations (36 CFR Temporary Exceedance of Water Quality comment period on the draft part 217). Standards from the Washington environmental impact statement will be Dated: August 9, 2001. Department of Ecology; Section 404 45 days from the date the notice of Claire Lavendel, permit to discharge or excavate dredged availability is published in the Federal Forest Supervisor. or fill material and mechanized land Register. The Forest Service believes, at this [FR Doc. 01–20621 Filed 8–15–01; 8:45 am] clearing in waters, including wetlands, BILLING CODE 3410–11–M form the U.S. Army Corps of Engineers; early stage, it is important to give a Section 401 Water Quality reviewers notice of several court rulings Certification issued by the Department related to public participation in the DEPARTMENT OF AGRICULTURE of Ecology under 33 U.S.C. 401 and environmental review process. First, 1344; and a Shoreline Substantial reviewers of draft environmental impact Forest Service Development, Conditional Use, statements must structure their Variance permit, or Exemption required participation in the environmental Supplement to Draft Environmental for work activity in the 100-year review of the proposal so that it is Impact Statement for the Silvies floodplain, issued by Skamania County, meaningful and alerts an agency to the Canyon Watershed Restoration Washington. reviewer’s position and contentions. Project, Malheur National Forest, Grant This Notice and subsequent scoping Vermont Yankee Nuclear Power Corp. v. and Harney Counties, OR notices will satisfy the requirements NRDC, 435 U.S. 519, 553 (1978). Also, under 36 CFR 800.2(d) for seeking the environmental objections that could be AGENCY: Forest Service, USDA. views of the public on the potential raised at the draft environmental impact ACTION: Notice of intent to supplement effects of an undertaking on historic statement stage but that are not raised a draft environmental impact statement. properties. A public open house was until after completion of the final held on May 31, 2001, in Stevenson, environmental impact statement may be SUMMARY: The USDA Forest Service will Washington to provide information waived or dismissed by the courts. City prepare a supplement to the draft about the dam, status of the steelhead in of Angoon v. Hodel, 803 F.2d 1016, environmental impact statement (EIS) the Wind River system, and 1022 (9th Cir. 1986) and Wisconsin for the Silvies Canyon Watershed opportunities for improving fish passage Heritages, Inc. v. Harris, 490 F. Supp. Restoration Project. The draft EIS for the and habitat, including removal of the 1334, 1338 (E.D. Wis. 1980). Because of Silvies Canyon Watershed Restoration dam. The specific need and format for these court rulings, it is very important Project was released by Forest additional meetings and workshops will that those interested in this proposed Supervisor Bonnie J. Wood in March be determined by the comments action participate by the close of the 45- 2001 (Notice of Availability, March 9, received from the May open house, this day comment period so that substantive 2001). Based on comments received on notice, and responses by individuals comments and objections are made the draft EIS, the Forest Supervisor and organization contacted via the available to the Forest Service at a time decided to prepare a supplement Hemlock Dam EIS Scoping when it can meaningfully consider them pursuant to 40 CFR 1502.9(c)(1)(ii). This
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supplement will provide additional EIS should be as specific as possible. It Burden Hours: 985. information to the existing analysis. is also helpful if comments refer to Number of Respondents: 210. ADDRESSES: Send written comments and specific pages or chapters of the Average Hours Per Response: 1 hour suggestions concerning the scope of this supplemental draft EIS. Comments may for a project budget, 1 hour for a project supplement to James M. Keniston, also address the adequacy of the summary, 2.5 hours for a semi-annual Emigrant Creek District Ranger, HC 74, supplemental draft EIS or the merits of progress report, and 13 hours for a final Box 12870, Hines, Oregon 97738. the alternatives formulated and report. FOR FURTHER INFORMATION CONTACT: Lori discussed in the statement. (Reviewers Needs and Uses: The S-K Program Bailey, District Planner or Joan Suther, may wish to refer to the Council on provides financial assistance on a NEPA Coordinator, Emigrant Creek Environmental Quality Regulations for competitive basis for research and Ranger District, HC 74, Box 12870, implementing the procedural provisions development projects that benefit U.S. Hines, Oregon 97738, phone 541–573– of the National Environmental Policy fishing communities. Respondents must 4300. Act at 40 CFR 1503.3 in addressing submit applications, and grant these points). recipients must submit semi-annual SUPPLEMENTARY INFORMATION: The After the 45 day comment period ends progress reports and final reports. purpose of the supplement is to provide on the supplemental draft EIS, additional information on the social and Affected Public: Not-for-profit comments will be analyzed and economic environments that would be institutions, business or other for-profit considered by the Forest Service in affected by the Silvies Canyon organizations, individuals, and State, preparing the final EIS. The final EIS is Watershed Restoration Project. No Local, or Tribal government. scheduled to be completed in November additional alternatives will be Frequency: On occasion, semi- 2001. In the final EIS, the Forest Service considered in the supplemental draft annually, annually. is required to respond to substantive EIS. The supplement will be prepared Respondent’s Obligation: Required to and circulated in the same manner as comments received during the public obtain or retain a benefit. the draft EIS (40 CFR 1502.9). comment period. The Forest Service is OMB Desk Officer: David Rostker, Comments received on the supplement the lead agency. The Forest Supervisor (202) 395–3897. will be considered in the preparation of is the responsible official. The Copies of the above information the Final Environmental Impact responsible official will consider collection proposal can be obtained by Statement (FEIS). The supplement to the comments, responses to comments, and calling or writing Madeleine Clayton, draft EIS is expected to be available for environmental consequences discussed Departmental Paperwork Clearance public review and comment in August in the EIS, and applicable laws, Officer, (202) 482–3129, Department of 2001. The comment period on the regulations, and policies in making a Commerce, Room 6086, 14th and supplement will be 45 days from the decision regarding this project. The Constitution Avenue, NW, Washington, date the Environmental Protection responsible official will document the DC 20230 (or via the Internet at Agency’s notice of availability appears Silvies Canyon Watershed Restoration [email protected]). in the Federal Register. decision and rationale for that decision Written comments and The Forest Service believes it is in the Record of Decision. That decision recommendations for the proposed important to give reviewers notice of will be subject to review under Forest information collection should be sent several court rulings related to public Service Appeal Regulations (36 CFR within 30 days of publication of this participation in the environmental part 215). notice to David Rostker, OMB Desk review process. First, reviewers of Dated: July 23, 2001. Officer, Room 10202, New Executive supplemental draft EIS must structure Bonnie J. Wood, Office Building, Washington, DC 20503. their participation in the environmental Forest Supervisor. Dated: August 9, 2001. review of the proposal so that it is [FR Doc. 01–20622 Filed 8–15–01; 8:45 am] Madeleine Clayton, meaningful and alerts an agency to the BILLING CODE 3410–11–M Departmental Paperwork Clearance Officer, reviewer’s position and contentions. Office of the Chief Information Officer. Vermont Yankee Nuclear Power Corp. v. [FR Doc. 01–20653 Filed 8–15–01; 8:45 am] NRDC, 435 U.S. 519, 553 (1978). Also, DEPARTMENT OF COMMERCE BILLING CODE 3510–22–S environmental objections that could be raised at the draft EIS stage, but that are [I.D. 081301A] not raised until completion of the final DEPARTMENT OF COMMERCE EIS, may be waived or dismissed by the Submission for OMB Review; courts. City of Angoon v. Hodel, 803 F. Comment Request Foreign-Trade Zones Board 2d 1016, 1002 (9th Cir, 1986), and The Department of Commerce has [Order No. 1184] Wisconsin Heritages, Inc. v. Harris, 490 submitted to the Office of Management F. Supp. 1334, 1338 (E.D. Wis. 1980). and Budget (OMB) for clearance the Designation of New Grantee for Because of these court rulings, it is following proposal for collection of Foreign-Trade Zone 209, Palm Beach important that those interested in this information under the provisions of the County, Florida; Resolution and Order proposed action participate by the close Paperwork Reduction Act (44 U.S.C. of the 45-day comment period so Chapter 35). Pursuant to its authority under the substantive comments and objections Agency: National Oceanic and Foreign-Trade Zones Act of June 18, are made available to the Forest Service Atmospheric Administration (NOAA). 1934, as amended (19 U.S.C. 81a–81u), at a time when it can meaningfully Title: Saltonstall-Kennedy Grant and the Foreign-Trade Zones Board consider them and respond to them in Program (S-K Program) Applications Regulations (15 CFR part 400), the the final EIS. and Reports. Foreign-Trade Zones Board (the Board) To assist the Forest Service in Form Number(s): NOAA Forms 88– adopts the following Order: identifying and considering issues and 204 and 88–205. The Foreign-Trade Zones (FTZ) Board (the concerns on the proposed action, OMB Approval Number: 0648–0135. Board) has considered the application (filed comments on the supplemental draft Type of Request: Regular submission. 6/4/2001) submitted by the Port of Palm
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Beach District (Port District), grantee of FTZ that the proposal is in the public date of publication of the preliminary 135, Palm Beach County, Florida, and the interest; determination. Palm Beach County Department of Airports, Now, therefore, the Board hereby grantee of FTZ 209, Palm Beach County, orders: Background Florida, mutually requesting that the grant of The application to expand FTZ 149 is On January 31, 2001, the Department authority for FTZ 209 be reissued to the Port approved, subject to the Act and the published a notice of initiation of District. Upon review, the Board finding that administrative review of the the requirements of the FTZ Act and the Board’s regulations, including Section Board’s regulations are satisfied, and that the 400.28, and further subject to the antidumping duty order on certain proposal is in the public interest, approves Board’s standard 2,000-acre activation cased pencils from the People’s the request and recognizes the Port of Palm limit for the overall zone project. Republic of China, covering the period Beach District as the grantee of Foreign Trade Signed at Washington, DC, this 7th day of December 1, 1999 through November Zone 209. The Board also redesignates FTZ August 2001. 30, 2000. See Initiation of Antidumping 209 as part of FTZ 135. and Countervailing Duty Administrative Faryar Shirzad, The approval is subject to the FTZ Act Reviews and Request for Revocation in and the FTZ Board’s regulations, Assistant Secretary of Commerce for Import Part, 66 FR 8378. The preliminary including § 400.28. Administration, Alternate Chairman, Foreign- Trade Zones Board. results are currently due no later than September 2, 2001. Signed at Washington, DC, this 7th day of [FR Doc. 01–20673 Filed 8–15–01; 8:45 am] August 2001. BILLING CODE 3510–DS–P Extension of Time Limit for Preliminary Faryar Shirzad, Results of Review Assistant Secretary of Commerce for Import We determine that it is not practicable Administration, Alternate Chairman, Foreign- DEPARTMENT OF COMMERCE Trade Zones Board. to complete the preliminary results of this review within the original time Dennis Puccinelli, International Trade Administration limit. Therefore, the Department is Executive Secretary. [A–570–827] extending the time limit for completion [FR Doc. 01–20672 Filed 8–15–01; 8:45 am] of the preliminary results by 90 days BILLING CODE 3510–DS–P Certain Cased Pencils from the until no later than December 1, 2001. People’s Republic of China: Extension See Decision Memorandum from Holly of Time Limit for Preliminary Results of A. Kuga to Bernard T. Carreau, dated DEPARTMENT OF COMMERCE Antidumping Duty Administrative concurrently with this notice, which is Review Foreign-Trade Zones Board on file in the Central Records Unit, AGENCY: Import Administration, Room B–099 of the Department’s main [Order No. 1185] International Trade Administration, building. We intend to issue the final Department of Commerce. results no later than 120 days after the publication of the preliminary results Expansion of Foreign-Trade Zone 149, EFFECTIVE DATE: August 16, 2001. Freeport, Texas, Area notice. FOR FURTHER INFORMATION CONTACT: Paul This extension is in accordance with Pursuant to its authority under the Foreign- Stolz or Michele Mire, AD/CVD section 751(a)(3)(A) of the Act. Enforcement, Office 4, Group II, Import Trade Zones Act of June 18, 1934, as Dated: August 6, 2001. amended (19 U.S.C. 81a–81u), the Foreign- Administration, International Trade Trade Zones (FTZ) Board (the Board) adopts Administration, U.S. Department of Bernard T. Carreau, the following Order: Commerce, 14th Street and Constitution Deputy Assistant Secretary for Import Administration, Group II. Whereas, the Brazos River Harbor Avenue, NW, Washington, DC 20230; [FR Doc. 01–20671 Filed 8–15–01; 8:45 am] Navigation District, grantee of Foreign- telephone (202) 482–4474 or (202) 482– Trade Zone 149, submitted an 4711, respectively. BILLING CODE 3510–DS–P application to the Board for authority to Time Limits expand FTZ 149-Site 6 at the Brazoria DEPARTMENT OF COMMERCE County Airport/Industrial Park; to Statutory Time Limits include three new sites in Pearland Section 751(a)(3)(A) of the Tariff Act International Trade Administration (Brazoria/Harris Counties) at the of 1930, as amended (the Act), requires [C–337–807] Northern Industrial Complex (Site 7), the Department of Commerce (the the Southern Industrial Complex (Site Department) to make a preliminary Individually Quick Frozen Red 8), and the Bybee-Sterling Complex (Site determination within 245 days after the Raspberries From Chile: 9); and, to include a new site in Alvin last day of the anniversary month of an Postponement of Time Limit for (Brazoria County) at the Santa Fe order or finding for which a review is Preliminary Determination of Industrial Park (Site 10), adjacent to the requested and a final determination Countervailing Duty Investigation Freeport Customs port of entry (FTZ within 120 days after the date on which Docket 14–2000; filed 4/14/00); the preliminary determination is EFFECTIVE DATE: August 16, 2001. Whereas, notice inviting public published. However, if it is not AGENCY: Import Administration, comment was given in the Federal practicable to complete the review International Trade Administration, Register (65 FR 24446, 4/26/00) and the within these time periods, section Department of Commerce. application has been processed 751(a)(3)(A) of the Act allows the FOR FURTHER INFORMATION CONTACT: pursuant to the FTZ Act and the Board’s Department to extend the 245-day time Craig Matney, Office of AD/CVD regulations; and, limit for the preliminary determination Enforcement Group I, Import Whereas, the Board adopts the to a maximum of 365 days and the time Administration, International Trade findings and recommendations of the limit for the final determination to 180 Administration, U.S. Department of examiner’s report, and finds that the days (or 300 days if the Department Commerce, 14th Street and Constitution requirements of the FTZ Act and does not extend the time limit for the Avenue, NW., Washington, DC 20230, Board’s regulations are satisfied, and preliminary determination) from the telephone (202) 482–1778.
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Postponement of Preliminary DATES: Written comments must be IV. Request for Comments Determination: submitted on or before October 15, Comments are invited on: (a) whether 2001. On June 28, 2001, the Department the proposed collection of information initiated the countervailing duty ADDRESSES: Direct all written comments is necessary for the proper performance investigation of individually quick to Madeleine Clayton, Departmental of the functions of the agency, including frozen red raspberries from Chile. See Paperwork Clearance Officer, whether the information shall have Notice of Initiation of Countervailing Department of Commerce, Room 6086, practical utility; (b) the accuracy of the Duty Investigation: Individually Quick 14th and Constitution Avenue NW, agency’s estimate of the burden Frozen Red Raspberries From Chile, 66 Washington DC 20230 (or via Internet at (including hours and cost) of the FR 34423 (June 28, 2001). The [email protected]). proposed collection of information; (c) preliminary determination currently FOR FURTHER INFORMATION CONTACT: ways to enhance the quality, utility, and must be issued by August 24, 2001. Requests for additional information or clarity of the information to be On August 3, 2001, the petitioners copies of the information collection collected; and (d) ways to minimize the submitted a written request pursuant to instrument(s) and instructions should burden of the collection of information 19 CFR 351.205(e) for a postponement be directed to James R. Nance, Ph.D., F/ on respondents, including through the of the preliminary determination in SEC5, National Marine Fisheries use of automated collection techniques accordance with section 703(c)(1)(A) of Service, 4700 Avenue U, Galveston, TX or other forms of information the Tariff Act of 1930, as amended (‘‘the 77551 (phone 409–766–3507). technology. Act’’). The petitioners requested a 45 SUPPLEMENTARY INFORMATION: Comments submitted in response to this notice will be summarized and/or day postponement (i.e., until October 8, I. Abstract 2001) in order to allow time for the included in the request for OMB Bycatch Reduction Devices (BRDs) are petitioners to submit comments on the approval of this information collection; used in shrimp trawls in the Exclusive respondents’ questionnaire response they also will become a matter of public Economic Zone to reduce the bycatch of and to allow time for the Department to record. other species. Only BRDs certified by issue supplemental questionnaires. Dated: August 9, 2001. the National Oceanic and Atmospheric The Department finds no compelling Administration (NOAA) can be used. Madeleine Clayton, reason to deny the request. Therefore, Persons seeking to get certification from Departmental Paperwork Clearance Officer, we are postponing the preliminary NOAA for BRDs must submit Office of the Chief Information Officer. determination until no later than information showing that testing proves [FR Doc. 01–20654 Filed 8–15–01; 8:45 am] October 8, 2001. the effectiveness of the equipment. BILLING CODE 3510–22–S This notice of postponement is published pursuant to section 703(c)(2) II. Method of Collection of the Act. The information is submitted by DEPARTMENT OF COMMERCE paper form. Dated: August 9, 2001. National Oceanic and Atmospheric Richard W. Moreland, III. Data Administration Deputy Assistant Secretary for Import OMB Number: 0648–0345. Administration. Form Number: None. [I.D. 081001A] [FR Doc. 01–20670 Filed 8–15–01; 8:45 am] Type of Review: Regular submission. BILLING CODE 3510–DS–P Affected Public: Business or other for- Endangered Species; Permits profit organizations, individuals or AGENCY: households. National Marine Fisheries DEPARTMENT OF COMMERCE Estimated Number of Respondents: Service (NMFS), National Oceanic and 45. Atmospheric Administration (NOAA), National Oceanic and Atmospheric Estimated Time Per Response: 140 Commerce. Administration minutes for an application for pre- ACTION: Issuance of permit #1324 and certification testing or for certification modification #2 to permit 1201. [I.D. 081301B] testing, 20 minutes for a Station Sheet (Gulf of Mexico), 50 minutes for a SUMMARY: Notice is hereby given of the Proposed Information Collection; station sheet bycatch reduction device following actions regarding permits for Comment Request; Southeast Region evaluation form (South Atlantic), 20 takes of endangered and threatened Bycatch Reduction Device Certification minutes for a Condition and Fate form, species for the purposes of scientific Family of Forms 30 minutes for a gear form (South research and/or enhancement under the Atlantic), 20 minutes for a gear Endangered Species Act (ESA): NMFS AGENCY: National Oceanic and specification form (Gulf of Mexico), 20 has issued permit 1324 to Dr. Nancy Atmospheric Administration (NOAA). minutes for a length frequency form Thompson, of NMFS-Southeast ACTION: Notice. (Gulf of Mexico), 50 minutes for a length Fisheries Science Center (1324) and frequency form (South Atlantic), 5 hours modification #2 to permit 1201 to Dr. SUMMARY: The Department of for a species characterization form, 20 Thane Wibbels, of University of Commerce, as part of its continuing minutes for a BRD specification form Alabama at Birmingham. effort to reduce paperwork and (Gulf of Mexico), 20 minutes for a vessel ADDRESSES: The permits, applications respondent burden, invites the general information form (Gulf of Mexico), and and related documents are available for public and other Federal agencies to 30 minutes for a vessel information form review in the indicated office, by take this opportunity to comment on (South Atlantic). appointment: proposed and/or continuing information Estimated Total Annual Burden Endangered Species Division, F/PR3, collections, as required by the Hours: 5,679. 1315 East West Highway, Silver Spring, Paperwork Reduction Act of 1995, Pub. Estimated Total Annual Cost to MD 20910 (phone:301–713–1401, fax: L. 104–13 (44 U.S.C. 3506 (c)(2)(A)). Public: $338,000. 301–713–0376).
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FOR FURTHER INFORMATION CONTACT: northeast distant statistical sampling Dated: August 10, 2001. Terri Jordan, Silver Spring, MD (phone: area (NED) for the U.S. longline fishery. Therese Conant, 301–713–1401, fax: 301–713–0376, e- The purpose of the research is to Acting Chief, Endangered Species Division, mail: [email protected]) develop and test methods to reduce Office of Protected Resources, National SUPPLEMENTARY INFORMATION: bycatch of research that occurs Marine Fisheries Service. incidental to commercial, pelagic [FR Doc. 01–20649 Filed 8–15–01; 8:45 am] Authority longline fishing. The researchers BILLING CODE 3510–22–S Issuance of permits and permit propose to work cooperatively with U.S. modifications, as required by the pelagic longline fishermen in the NED DEPARTMENT OF COMMERCE Endangered Species Act of 1973 (16 area to conduct this fishery-dependent U.S.C. 1531–1543) (ESA), is based on a testing. The fishery dependent use of finding that such permits/modifications: National Oceanic and Atmospheric commercial fishing boats for this Administration (1) are applied for in good faith; (2) research is necessary because (1) a large would not operate to the disadvantage level of fishing effort is necessary for the [I.D. 080801B] of the listed species which are the statistical power to complete this testing subject of the permits; and (3) are Permits; Foreign Fishing and fishery independent work would be consistent with the purposes and AGENCY: National Marine Fisheries policies set forth in section 2 of the cost-prohibitive and (2) testing should Service (NMFS), National Oceanic and ESA. Scientific research and/or be conducted aboard a mix of Atmospheric Administration (NOAA), enhancement permits are issued under representative platforms so that the Commerce. Section 10(a)(1)(A) of the ESA. testing results are clearly applicable to Authority to take listed species is the fleets that would ultimately adopt ACTION: Notice of receipt of foreign subject to conditions set forth in the bycatch reduction measures through fishing application. this research. Permit 1324 was issued on permits. Permits and modifications are SUMMARY: NMFS publishes for public August 9, 2001, authorizing take of issued in accordance with and are review and comment a summary of an listed species. Permit 1324 expires subject to the ESA and NMFS application submitted by the December 31, 2002. regulations governing listed fish and Government of the Russian Federation wildlife permits (50 CFR parts 222–226). Permit #1201 requesting authorization to conduct Those individuals requesting a fishing operations in the U.S. Exclusive hearing on an application listed in this The requestor currently possesses a Economic Zone (EEZ) in 2001 under notice should set out the specific two-year scientific research permit to provisions of the Magnuson-Stevens reasons why a hearing on that take up to 50 green (Chelonia mydas), Fishery Conservation and Management application would be appropriate (see 100 Kemp’s ridley (Lepidochelys Act (Magnuson-Stevens Act). ADDRESSES). The holding of such kempii) and 100 loggerhead (Caretta ADDRESSES: Comments may be hearing is at the discretion of the caretta) turtles annually in large mesh Assistant Administrator for Fisheries, submitted to NMFS, Office of tangle nets. The purpose of the research NOAA. All statements and opinions Sustainable Fisheries, International is to evaluate the abundance, contained in the permit action Fisheries Division, 1315 East-West summaries are those of the applicant movements, and location of sea turtles Highway, Silver Spring, MD 20910, or to and do not necessarily reflect the views in the estuaries of Alabama, and to any of the following Regional Fishery of NMFS. potentially identify specific foraging Management Councils: areas. The presence of juvenile sea Paul J. Howard, Executive Director, Species Covered in This Notice turtles in estuaries represents a potential New England Fishery Management The following species are covered in conflict for fisheries and coastal Council, 50 Water Street, Mill 2, this notice: development. However, there is little Newburyport, MA 01905; Phone (978) information about this issue for the 465–0492; Fax (978) 465–3116; Sea Turtles estuaries of Alabama. The proposed Daniel T. Furlong, Executive Director, Threatened and endangered Green research is a prerequisite to determining Mid-Atlantic Fishery Management turtle (Chelonia mydas) if the estuaries of Alabama represent a Council, Federal Building, Room 2115, Endangered Hawksbill turtle developmental habitat for sea turtles, 300 South New Street, Dover, DE 19904; Phone (302) 674–2331; Fax (302) 674– (Eretmochelys imbricata) and will benefit the species by 4136. Endangered Kemp’s ridley turtle providing information critical to (Lepidochelys kempii) developing a prudent management FOR FURTHER INFORMATION CONTACT: Endangered Leatherback turtle strategy which protects sea turtles while Robert A. Dickinson, Office of (Dermochelys coriacea) sustaining the productivity of the Sustainable Fisheries, (301) 713–2276. Threatened Loggerhead turtle (Caretta fisheries. SUPPLEMENTARY INFORMATION: In caretta) For modification #2, the applicant accordance with a Memorandum of Understanding with the Secretary of Permits and Modified Permits Issued requests authorization to use two State, NMFS publishes, for public satellite transmitters in lieu of two Permit #1324 review and comment, summaries of previously authorized radio Notice was published on June 4, 2001 applications received by the Secretary of (66 FR 29934) that Dr. Nancy transmitters. Modification #2 to Permit State requesting permits for foreign Thompson, of Southeast Fisheries 1201 was issued on August 6, 2001, fishing vessels to fish in the U.S. EEZ Science Center applied for a scientific authorizing take of listed species. Permit under provisions of the Magnuson- research permit (1324). The applicant 1201 expires February 28, 2003. Stevens Act (16 U.S.C. 1801 et seq.). requested a two-year permit that would This notice concerns the receipt of an authorize the take of threatened and application from the Government of the endangered species of sea turtles in the Russian Federation. The application
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requests that the large stern trawler/ 1966, as amended (16 U.S.C. 1151 et Comments may also be submitted by processor VIKTOR KHUDIAKOV be seq.). facsimile at (301) 713–0376, provided authorized in 2001 to conduct joint File No. 1008–1637–00: Dr. Wise the facsimile is confirmed by hard copy venture operations in the EEZ for proposes to import marine mammal submitted by mail and postmarked no Atlantic herring and Atlantic mackerel. parts (lung, liver, kidney, brain, skin, later than the closing date of the The application also requests that the blubber, and reproductive organs) from comment period. Please note that VIKTOR KHUDIAKOV be authorized in all species of stranded dead marine comments will not be accepted by e- 2001 to conduct directed fishing in the mammals (excluding walrus, polar bear, mail or by other electronic media. EEZ for Atlantic herring and Atlantic and sea otter) collected as part of Concurrent with the publication of mackerel. government-authorized marine mammal this notice in the Federal Register, Dated: August 10, 2001. stranding operations along the coast of NMFS is forwarding copies of these Bruce C. Morehead, British Columbia, Canada, as well as applications to the Marine Mammal Acting Director, Office of Sustainable receive such parts collected in the U.S. Commission and its Committee of Fisheries, National Marine Fisheries Service. from stranded dead marine mammals or Scientific Advisors. [FR Doc. 01–20652 Filed 8–15–01; 8:45 am] those that have died during Documents for File No. 779–1633–00 (SEFSC) are available in locations as BILLING CODE 3510–22–S rehabilitation efforts. Skin and blubber samples from live Steller sea lions and noted. File No. 1008–1637–00 (Dr. Wise) other marine mammals (excluding may be reviewed in all the following DEPARTMENT OF COMMERCE walrus, polar bear, and sea otter) may be locations: received from activities permitted at the (All files) Permits and Documentation National Oceanic and Atmospheric Alaska SeaLife Center, Mystic Division, Office of Protected Resources, Administration Aquarium, The Marine Mammal Center, NMFS, 1315 East-West Highway, Room 13705, Silver Spring, MD 20910; phone [I.D. 080301B] and from other permitted research activities in the U.S. These parts will be (301) 713–2289; fax (301) 713–0376; Marine Mammals; File Nos. 1008–1637– used to determine tissue levels of metals Northwest Region, NMFS, 7600 Sand 00 and 779–1633–00 in Steller sea lions and other marine Point Way NE, BIN C15700, Bldg. 1, mammal species and to establish a Seattle, WA 98115–0700; phone (206) AGENCY: National Marine Fisheries national resource of cell lines for use as 526–6150; fax (206) 526–6426; Service (NMFS), National Oceanic and model systems in the investigation of Alaska Region, NMFS, P.O. Box Atmospheric Administration (NOAA), various factors related to marine 21668, Juneau, AK 99802–1668; phone Commerce. mammal health (e.g., toxicity of metals, (907) 586–7221; fax (907) 586–7249; ACTION: Receipt of applications. virology, etc.). Once the cell lines are Southwest Region, NMFS, 501 West established, they may be transferred to Ocean Blvd., Suite 4200, Long Beach, SUMMARY: Notice is hereby given that other researchers for such study, CA 90802-4213; phone (562) 980–4001; the following applicants have applied in including export to Canada. The cell fax (562) 980–4018; due form for permits to take and import lines will not be sold for profit or used Protected Species Coordinator, Pacific marine mammals and marine mammal for commercial purposes. Area Office, NMFS, 1601 Kapiolani parts for purposes of scientific research File No. 779–1633–00: The Southeast Blvd., Rm, 1110, Honolulu, HI 96814– and enhancement: John Wise, Ph.D., 4700; phone (808)973-2935; fax (808) Yale University, School of Medicine, Fisheries Science Center (SEFSC) proposes to take various cetacean 973–2941; P.O. Box 208034, New Haven, CT, (File No. 779–1633–00) Northeast 06520–8034; and NMFS, Southeast species by harassment during biopsy sampling, aerial and vessel-based line- Region, NMFS, One Blackburn Drive, Fisheries Science Center, 75 Virginia Gloucester, MA 01930–2298; phone Beach Drive, Miami, FL 33149. transect sampling, acoustic sampling, observations of cetacean behavior, and (978) 281–9200; fax (978) 281–9371; DATES: Written or telefaxed comments photo-identification for MMPA (File No. 779–1633–00) Southeast must be received on or before mandated stock assessment activities. Region, NMFS, 9721 Executive Center September 17, 2001. Activities will occur in the North Drive N., St. Petersburg, FL 33702–2432; ADDRESSES: The applications and Atlantic and Gulf of Mexico over a 5– phone (727) 570–5301; fax (727) 570– related documents are available for year period. 5320. review upon written request or by In compliance with the National Dated: August 9, 2001. appointment. (See SUPPLEMENTARY Environmental Policy Act of 1969 (42 Ann D. Terbush, INFORMATION). U.S.C. 4321 et seq.), an initial Chief, Permits and Documentation Division, FOR FURTHER INFORMATION CONTACT: determination has been made that the Office of Protected Resources, National Amy Sloan or Ruth Johnson, (301)713- activity proposed is categorically Marine Fisheries Service. 2289. excluded from the requirement to [FR Doc. 01–20651 Filed 8–15–01; 8:45 am] SUPPLEMENTARY INFORMATION: The prepare an environmental assessment or BILLING CODE 3510–22–S subject permits are requested under the environmental impact statement. authority of the Marine Mammal Written comments or requests for a Protection Act of 1972, as amended public hearing on these applications COMMODITY FUTURES TRADING (MMPA; 16 U.S.C. 1361 et seq.), the should be mailed to the Chief, Permits COMMISSION Regulations Governing the Taking and and Documentation Division, F/PR1, Importing of Marine Mammals (50 CFR Office of Protected Resources, NMFS, Sunshine Act Meeting; Notice part 216), the Endangered Species Act of 1315 East-West Highway, Room 13705, 1973, as amended (ESA; 16 U.S.C. 1531 Silver Spring, MD 20910. Those AGENCY HOLDING THE MEETING: et seq.), the regulations governing the individuals requesting a hearing should Commodity Futures Trading taking, importing, and exporting of set forth the specific reasons why a Commission. endangered and threatened species (50 hearing on a particular request would be TIME AND DATE: 11:00 a.m., Friday, CFR 222–226), and the Fur Seal Act of appropriate. September 14, 2001.
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PLACE: 1155 21st St., NW., Washington, COMMODITY FUTURES TRADING 1200 South Hayes Street, Arlington, VA DC, 9th Floor Conference Room. COMMISSION 22202–5050. Public seating for this meeting is limited, and is available on STATUS: Closed. Sunshine Act Meeting; Notice a first-come, first-served basis. MATTERS TO BE CONSIDERED: Surveillance AGENCY HOLDING THE MEETING: Dated: August 10, 2001. Matters. Commodity Futures Trading L.M. Bynum, CONTACT PERSON FOR MORE INFORMATION: Commission. Alternate OSD Federal Register Liaison Officer, Department of Defense. Jean A. Webb, 202–418–5100. TIME AND DATE: 11:00 a.m., Friday, September 28, 2001. [FR Doc. 01–20580 Filed 8–15–01; 8:45 am] Jean A. Webb, BILLING CODE 5001–08–M Secretary of the Commission. PLACE: 1155 21st St., NW., Washington, DC, 9th Floor Conference Room. [FR Doc. 01–20731 Filed 8–14–01; 11:27 am] STATUS: Closed. BILLING CODE 6351–01–M DEPARTMENT OF DEFENSE MATTERS TO BE CONSIDERED: Surveillance Matters. Office of the Secretary COMMODITY FUTURES TRADING CONTACT PERSON FOR MORE INFORMATION: National Security Education Board COMMISSION Jean A. Webb, 202–418–5100. Meeting Jean A. Webb, Sunshine Act Meeting; Notice AGENCY: National Defense University, Secretary of the Commission. DoD. [FR Doc. 01–20733 Filed 8–14–01; 11:27 am] AGENCY HOLDING THE MEETING: ACTION: Notice of meeting. Commodity Futures Trading BILLING CODE 6351–01–M Commission. SUMMARY: Pursuant to Public Law 92– 463, notice is hereby given of a TIME AND DATE: 11:00 a.m., Friday, DEPARTMENT OF DEFENSE forthcoming meeting of the National September 7, 2001. Security Education Board. The purpose Office of the Secretary PLACE: 1155 21st St., NW., Washington, of the meeting is to review and make DC, 9th Floor Conference Room. Meeting of the Advisory Panel To recommendations to the Secretary concerning requirements established by STATUS: Closed. Assess the Capabilities for Domestic Response to Terrorist Attacks the David L. Boren National Security MATTERS TO BE CONSIDERED: Surveillance Involving Weapons of Mass Education Act, Title VIII of Public Law Matters. Destruction 102–183, as amended. DATES: September 11, 2001. CONTACT PERSON FOR MORE INFORMATION: ACTION: Notice of meeting. Jean A. Webb, 202–418–5100. ADDRESSES: The Academy for Educational Development, 1825 SUMMARY: This notice sets forth the Jean A. Webb, Connecticut Avenue, NW., Washington, schedule and summary agenda for the DC 20009. Secretary of the Commission. next meeting of the Panel to Assess the [FR Doc. 01–20730 Filed 8–14–01; 11:27 am] Capabilities for Domestic Response to FOR FURTHER INFORMATION CONTACT: Dr. BILLING CODE 6351–01–M Terrorist Attacks Involving Weapons of Edmond J. Collier, Director for Mass Destruction. Notice of this meeting Programs, National Security Education is required under the Federal Advisory Program, 1101 Wilson Boulevard, Suite COMMODITY FUTURES TRADING Committee Act. (Pub. L. 92–463). 1210, Rosslyn, P.O. Box 20010, Arlington, Virginia 22209–2248; (703) COMMISSION DATES: August 27 & 28, 2001. 696–1991. Electronic mail address: Sunshine Act Meeting; Notice ADDRESSES: RAND, 1200 South Hayes [email protected] Street, Arlington, VA 22202–5050. Proposed Schedule and Agenda: SUPPLEMENTARY INFORMATION: The AGENCY HOLDING THE MEETING: Panel to Assess the Capabilities for National Security Education Board Commodity Futures Trading Domestic Response to Terrorist Attacks meeting is open to the public. Commission. Involving Weapons of Mass Destruction Dated: August 10, 2001. TIME AND DATE: 11:00 a.m., Friday, will meet from 12 p.m. until 5 p.m. on L.M. Bynum, September 21, 2001. August 27, 2001 and from 8:30 a.m. Alternate OSD Federal Register Liaison until 3 p.m. on August 28, 2001. Time Officer. PLACE: 1155 21st St., NW., Washington, will be allocated for public comments DC, 9th Floor Conference Room. [FR Doc. 01–20581 Filed 8–1–01; 8:45 am] by individuals or organizations. BILLING CODE 5001–08–M STATUS: Closed. FOR FURTHER INFORMATION CONTACT: RAND provides information about this MATTERS TO BE CONSIDERED: Surveillance Panel on its web site at http:// DEPARTMENT OF DEFENSE Matters. www.rand.org/organization/nsrd/ CONTACT PERSON FOR MORE INFORMATION: terrpanel; it can also be reached at (703) Office of the Secretary Jean A. Webb, 202–418–5100. 413–1100 extension 5282. Public comment presentations will be limited Group of Advisors to the National Jean A. Webb, to two minutes each and must be Security Education Board Meeting Secretary of the Commission. provided in writing prior to the meeting. AGENCY: National Defense University, [FR Doc. 01–20732 Filed 8–14–01; 11:27 am] Mail written presentations and requests DoD. to register to attend the open public BILLING CODE 6351–01–M ACTION: Notice of meeting. session to: Priscilla Schlegel, RAND,
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SUMMARY: Pursuant to Public Law 92– FOR FURTHER INFORMATION CONTACT: Col. regarding on-going range modernization 463, notice is hereby given of a Stan Mushaw, (703) 695–2318, or Lt. efforts. forthcoming meeting of the Group of Col. Blaise Kordell, (703) 614–5368. Janet A. Long, Advisors to the National Security Education Board. The purpose of the SUPPLEMENTAL INFORMATION: In light of Air Force Federal Register Liaison Officer. meeting is to review and make recent space transportation reviews (i.e., [FR Doc. 01–20638 Filed 8–15–01; 8:45 am] recommendations to the Board the report of the Interagency Working BILLING CODE 5001–05–U concerning requirements established by Group on ‘‘The Future Management and the David L. Boren National Security Use of the U.S. Space Launch Bases and Education Act, Title VIII of Public Law Ranges’’ and the Secretary of the Air DEPARTMENT OF ENERGY 102–183, as amended. Force’s Spacelift Task Force) and other efforts underway in the Department of DATES: September 9–10, 2001. Federal Energy Regulatory Defense, the Air Force is interested in Commission ADDRESSES: Churchill Hotel, 1914 gathering state and industry input Connecticut Avenue, NW., Washington, regarding space transportation issues [Docket Nos. ER01–1844–000] DC 20009. needing national policy guidance as Black Hills Generation, Inc.; Notice of FOR FURTHER INFORMATION CONTACT: Dr. well as Air Force-specific policies, if Issuance of Order Edmond J. Collier, Director for any, that need to be updated or Programs, National Security Education modified. Specifically, the Air Force August 10, 2001. Program, 1101 Wilson Boulevard, Suite wishes to examine launch base and Black Hills Generation, Inc. (Black 1210, Rosslyn, P.O. Box 20010, range management issues, particularly Hills) submitted for filing a rate Arlington, Virginia 22209–2248; (703) policy, legal, and economic issues schedule under which Black Hills will 696–1991. Electronic mail address: hindering and/or facilitating future engage in wholesale electric power and [email protected] access to space. energy transactions at market-based SUPPLEMENTARY INFORMATION: The Group rates. Black Hills also requested waiver The Air Force seeks input from the of various Commission regulations. In of Advisors meeting is open to the U.S. space sector (e.g., companies with public. particular, Black Hills requested that the an interest in U.S. commercial space Commission grant blanket approval Dated: August 10, 2001. activities, spaceports, launch vehicle under 18 CFR Part 34 of all future L.M. Bynum, and satellite manufacturers, launch and issuances of securities and assumptions Alternate OSD Federal Register Liaison satellite services providers, base and of liability by Black Hills. Officer. range operations contractors, launch site On June 22, 2001, pursuant to [FR Doc. 01–20582 Filed 8–15–01; 8:45 am] operators, operators of commercial delegated authority, the Director, BILLING CODE 5001–08–M payload processing facilitates, etc.), Division of Corporate Applications, academia, and other interested members Office of Markets, Tariffs and Rates, of the public. The Air Force is also granted requests for blanket approval DEPARTMENT OF DEFENSE seeking the views of state and local under Part 34, subject to the following: Within thirty days of the date of the Department of the Air Force governments, particularly as they relate to the operations of non-Federal launch order, any person desiring to be heard Request for Input on Space sites, commonly referred to as or to protest the blanket approval of Transportation Policy spaceports. issuances of securities or assumptions of liability by Black Hills should file a Submissions should address your AGENCY: Department of the Air Force, motion to intervene or protest with the views regarding the future national DoD. Federal Energy Regulatory Commission, direction of space launch bases and 888 First Street, NE., Washington, DC ACTION: Request for Input on Space ranges including both Federal and non- 20426, in accordance with Rules 211 Transportation Policy. Federal launch sites. Specifically, the and 214 of the Commission’s Rules of Air Force is interested in comments SUMMARY: The Air Force seeks input Practice and Procedure (18 CFR 385.211 concerning future development of from the U.S. space sector regarding the and 385.214). launch bases and ranges and policies future national direction of space Absent a request to be heard in launch bases and ranges including both that would have the potential of opposition within this period, Black Federal and non-Federal launch sites. impacting the international Hills is authorized to issue securities Specifically, the Air Force is interested competitiveness of the U.S. space and assume obligations or liabilities as in comments concerning future launch industry. Responses should a guarantor, indorser, surety, or development of launch bases and describe specific impediments and otherwise in respect of any security of ranges, and policies that would have the potential actions that could facilitate another person; provided that such potential of impacting the international future access to space. The Air Force is issuance or assumption is for some competitiveness of the U.S. space not requesting additional comments at lawful object within the corporate launch industry. this time on other initiatives of the U.S. purposes of Black Hills and compatible Government for which the government with the public interest, and is DATES: Submit comments on or before reasonably necessary or appropriate for September 17, 2001. has previously solicited comments including the Notice of Proposed such purposes. ADDRESSES: Office of the Assistant Rulemaking on Commercial Space The Commission reserves the right to Secretary of the Air Force (Space), Transportation Licensing Regulations, require a further showing that neither Space Policy, Plans, and Strategy (SAF/ public nor private interests will be Licensing and Safety Requirements for SXP), ATTN: Col Mushaw/Lt Col adversely affected by continued Launch, October 25, 2000 or comments Kordell, 1640 Air Force Pentagon, approval of Black Hills’ issuances of Washington, D.C. 20330–1640. securities or assumptions of liability.
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Notice is hereby given that the guarantor, indorser, surety, or otherwise DTI proposes to abandon five deadline for filing motions to intervene in respect of any security of another production wells at the Oakford Storage or protests, as set forth above, is person; provided that such issuance or Complex, located in Westmoreland September 10, 2001. assumption is for some lawful object County, Pennsylvania. DTI indicates Copies of the full text of the Order are within the corporate purposes of Cobb that the Oakford Storage Complex available from the Commission’s Public and compatible with the public interest, consists of a network of storage injection Reference Branch, 888 First Street, NE., and is reasonably necessary or and withdrawal wells; observation Washington, DC 20426. The Order may appropriate for such purposes. wells; two storage reservoirs also be viewed on the on the web at The Commission reserves the right to (Murrysville and Fifth Sand); recycling http://www.ferc.gov using the ‘‘RIMS’’ require a further showing that neither pipeline; delivery facilities; and three link, select ‘‘Docket #’’ and follow the public nor private interests will be compressor stations—Oakford, South instructions (call 202–208–2222 for adversely affected by continued Oakford, and Lincoln Heights. DTI assistance). Comments, protests and approval of Cobb’s issuances of proposes to abandon and plug the interventions may be filed electronically securities or assumptions of liability. following wells: Well Nos. JW–443F, via the Internet in lieu of paper. See, 18 Notice is hereby given that the JW–445F, JW–530F, JW–535F, and JW– CFR 385.2001(a)(1)(iii) and the deadline for filing motions to intervene 541F. DTI declares that four of these instructions on the Commission’s web or protests, as set forth above, is production wells are located in the site under the ‘‘e-Filing’’ link. September 10, 2001. Murrysville Protective Area, and one Copies of the full text of the Order are production well, JW–530F, is located Linwood A. Watson, Jr., available from the Commission’s Public outside the Murrysville Storage Pool or Acting Secretary. Reference Branch, 888 First Street, N.E., Protective area. [FR Doc. 01–20610 Filed 8–15–01; 8:45 am] Washington, D.C. 20426. The Order may DTI states that due to the deteriorated BILLING CODE 6717–01–P also be viewed on the on the web at age and condition of these wells and no http://www.ferc.gov using the ‘‘RIMS’’ near term plans to develop additional link, select ‘‘Docket #’’ and follow the storage capacity in this geologic DEPARTMENT OF ENERGY instructions (call 202–208–2222 for horizon, DTI has determined that the assistance). Comments, protests and most suitable course of action is the Federal Energy Regulatory plugging and abandonment of these Commission interventions may be filed electronically via the Internet in lieu of paper. See, 18 wells. DTI states that it is requesting [Docket Nos. ER01–1860–000] CFR 385.2001(a)(1)(iii) and the authorization to abandon these wells instructions on the Commission’s web because the expenditures required to Cobb Electric Membership Corp.; site under the ‘‘e-Filing’’ link. maintain the wells and the gathering Notice of Issuance of Order lines that connect them to DTI’s main Linwood A. Watson, Jr., trunkline are not operationally or August 10, 2001. Acting Secretary. economically justified. Cobb Electric Membership Corp. [FR Doc. 01–20611 Filed 8–15–01; 8:45 am] DTI indicates that operational (Cobb) submitted for filing a rate BILLING CODE 6717–01–P capabilities of the Oakford Storage schedule under which Cobb will engage Complex will not be affected by the in wholesale electric power and energy plugging and abandonment of the five transactions at market-based rates. Cobb DEPARTMENT OF ENERGY designated wells. also requested waiver of various Any questions regarding this Commission regulations. In particular, Federal Energy Regulatory amendment should be directed to Sean Cobb requested that the Commission Commission R. Sleigh, Certificates Manager, grant blanket approval under 18 CFR Dominion Transmission, Inc., 445 West Part 34 of all future issuances of [Docket No. CP01–424–000] Main Street, Clarksburg, West Virginia securities and assumptions of liability 26301, at (304) 627–3462, or Fax: (304) by Cobb. Dominion Transmission, Inc.; Notice of 627–3305. On June 22, 2001, pursuant to Application There are two ways to become delegated authority, the Director, involved in the Commission’s review of Division of Corporate Applications, August 10, 2001. this project. First, any person wishing to Office of Markets, Tariffs and Rates, Take notice that on August 3, 2001, obtain legal status by becoming a party granted requests for blanket approval Dominion Transmission, Inc (DTI), 445 to the proceedings for this project under Part 34, subject to the following: West Main Street, Clarksburg, West should, on or before August 31, 2001, Within thirty days of the date of the Virginia 26301, filed in Docket No. file with the Federal Energy Regulatory order, any person desiring to be heard CP01–424–000, an application pursuant Commission, 888 First Street, NE, or to protest the blanket approval of to Section 7(b) of the Natural Gas Act for Washington, DC 20426, a motion to issuances of securities or assumptions of authorization to abandon facilities, intervene in accordance with the liability by Cobb should file a motion to located in Westmoreland County, requirements of the Commission’s Rules intervene or protest with the Federal Pennsylvania, all as more fully set forth of Practice and Procedure (18 CFR Energy Regulatory Commission, 888 in the application which is on file with 385.214 or 385.211) and the Regulations First Street, NE., Washington, DC 20426, the Commission and open to public under the NGA (18 CFR 157.10). A in accordance with Rules 211 and 214 inspection. Copies of this filing are on person obtaining party status will be of the Commission’s Rules of Practice file with the Commission and are placed on the service list maintained by and Procedure (18 CFR 385.211 and available for public inspection. This the Secretary of the Commission and 385.214). filing may be viewed on the web at will receive copies of all documents Absent a request to be heard in http://www.ferc.gov using the ‘‘RIMS’’ filed by the applicant and by all other opposition within this period, Cobb is link, select ‘‘Docket #’’ from the RIMS parties. A party must submit 14 copies authorized to issue securities and Menu and follow the instructions (call of filings made with the Commission assume obligations or liabilities as a (202) 208–2222 for assistance). and must mail a copy to the applicant
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and to every other party in the Comments, protests and interventions issuance or assumption is for some proceeding. Only parties to the may be filed electronically via the lawful object within the corporate proceeding can ask for court review of Internet in lieu of paper. See, 18 CFR purposes of Gauley River and Commission orders in the proceeding. 385.2001(a)(1)(iii) and the instructions compatible with the public interest, and However, a person does not have to on the Commission’s web site under the is reasonably necessary or appropriate intervene in order to have comments ‘‘e-Filing’’ link. for such purposes. considered. The second way to If the Commission decides to set the The Commission reserves the right to participate is by filing with the application for a formal hearing before require a further showing that neither Secretary of the Commission, as soon as an Administrative Law Judge, the public nor private interests will be possible, an original and two copies of Commission will issue another notice adversely affected by continued comments in support of or in opposition describing that process. At the end of approval of Gauley River’s issuances of to this project. The Commission will the Commission’s review process, a securities or assumptions of liability. consider these comments in final Commission order approving or Notice is hereby given that the determining the appropriate action to be denying a certificate will be issued. deadline for filing motions to intervene or protests, as set forth above, is taken, but the filing of a comment alone Linwood A. Watson, Jr., will not serve to make the filer a party September 10, 2001. Acting Secretary. to the proceeding. The Commission’s Copies of the full text of the Order are rules require that persons filing [FR Doc. 01–20608 Filed 8–15–01; 8:45 am] available from the Commission’s Public comments in opposition to the project BILLING CODE 6717–01–P Reference Branch, 888 First Street, NE., provide copies of their protests only to Washington, DC 20426. The Order may the party or parties directly involved in also be viewed on the on the web at DEPARTMENT OF ENERGY the protest. http://www.ferc.gov using the ‘‘RIMS’’ link, select ‘‘Docket#’’ and follow the Persons who wish to comment only Federal Energy Regulatory instructions (call 202–208–2222 for on the environmental review of this Commission project should submit an original and assistance). Comments, protests and two copies of their comments to the [Docket No. ER01–1964–000] interventions may be filed electronically Secretary of the Commission. via the Internet in lieu of paper. See, 18 Gauley River Power Partners, L.P.; CFR 385.2001(a)(1)(iii) and the Environmental commenters will be Notice of Issuance of Order placed on the Commission’s instructions on the Commission’s web environmental mailing list, will receive August 10, 2001. site under the ‘‘e-Filing’’ link. copies of the environmental documents, Gauley River Power Partners, L.P. Linwood A. Watson, Jr., and will be notified of meetings (Gauley River) submitted for filing a rate Acting Secretary. associated with the Commission’s schedule under which Gauley River will [FR Doc. 01–20614 Filed 8–15–01; 8:45 am] environmental review process. engage in wholesale electric power and BILLING CODE 6717–01–P Environmental commenters will not be energy transactions at market-based required to serve copies of filed rates. Gauley River also requested documents on all other parties. waiver of various Commission DEPARTMENT OF ENERGY However, the non-party commenters regulations. In particular, Gauley River will not receive copies of all documents requested that the Commission grant Federal Energy Regulatory filed by other parties or issued by the blanket approval under 18 CFR Part 34 Commission Commission (except for the mailing of of all future issuances of securities and [Project No. 2589] environmental documents issued by the assumptions of liability by Gauley Commission) and will not have the right River. Marquette Board of Light and Power; to seek court review of the On June 22, 2001, pursuant to Notice of Authorization for Continued Commission’s final order. delegated authority, the Director, Project Operation The Commission may issue a Division of Corporate Applications, preliminary determination on non- Office of Markets, Tariffs and Rates, August 10, 2001. environmental issues prior to the granted requests for blanket approval On July 29, 1999, the Marquette Board completion of its review of the under Part 34, subject to the following: of Light and Power, licensee for the environmental aspects of the project. Within thirty days of the date of the Marquette Project No. 2589, filed an This preliminary determination order, any person desiring to be heard application for a new or subsequent typically considers such issues as the or to protest the blanket approval of license pursuant to the Federal Power need for the project and its economic issuances of securities or assumptions of Act (FPA) and the Commission’s effect on existing customers of the liability by Gauley River should file a regulations thereunder. Project No. 2589 applicant, on other pipelines in the area, motion to intervene or protest with the is located on the Dead River in and on landowners and communities. Federal Energy Regulatory Commission, Marquette County, Michigan. For example, the Commission considers 888 First Street, NE., Washington, DC The license for Project No. 2589 was the extent to which the applicant may 20426, in accordance with Rules 211 issued for a period ending July 31, 2001. need to exercise eminent domain to and 214 of the Commission’s Rules of Section 15(a)(1) of the FPA, 16 U.S.C. obtain rights-of-way for the proposed Practice and Procedure (18 CFR 385.211 808(a)(1), requires the Commission, at project and balances that against the and 385.214). the expiration of a license term, to issue non-environmental benefits to be Absent a request to be heard in from year to year an annual license to provided by the project. Therefore, if a opposition within this period, Gauley the then licensee under the terms and person has comments on community River is authorized to issue securities conditions of the prior license until a and landowner impacts from this and assume obligations or liabilities as new license is issued, or the project is proposal, it is important either to file a guarantor, indorser, surety, or otherwise disposed of as provided in comments or to intervene as early in the otherwise in respect of any security of Section 15 or any other applicable process as possible. another person; provided that such section of the FPA. If the project’s prior
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license waived the applicability of of various Commission regulations. In DEPARTMENT OF ENERGY Section 15 of the FPA, then, based on particular, Moses Lake requested that Section 9(b) of the Administrative the Commission grant blanket approval Federal Energy Regulatory Procedure Act, 5 U.S.C. 558(c), and as under 18 CFR Part 34 of all future Commission set forth at 18 CFR 16.21(a), if the issuances of securities and assumptions [Docket Nos. ER01–1870–000] licensee of such project has filed an of liability by Moses Lake. application for a subsequent license, the On June 22, 2001, pursuant to PPL Southwest Generation Holdings. licensee may continue to operate the delegated authority, the Director, LLC; Notice of Issuance of Order project in accordance with the terms Division of Corporate Applications, August 10, 2001. and conditions of the license after the Office of Markets, Tariffs and Rates, minor or minor part license expires, PPL Southwest Generation Holdings, granted requests for blanket approval Inc. (PPL Southwest) submitted for until the Commission acts on its under Part 34, subject to the following: application. If the licensee of such a filing a rate schedule under which PPL project has not filed an application for Within thirty days of the date of the Southwest will engage in wholesale a subsequent license, then it may be order, any person desiring to be heard electric power and energy transactions required, pursuant to 18 CFR 16.21(b), or to protest the blanket approval of at market-based rates. PPL Southwest to continue project operations until the issuances of securities or assumptions of also requested waiver of various Commission issues someone else a liability by Moses Lake should file a Commission regulations. In particular, license for the project or otherwise motion to intervene or protest with the PPL Southwest requested that the orders disposition of the project. Federal Energy Regulatory Commission, Commission grant blanket approval If the project is subject to Section 15 888 First Street, N.E., Washington, D.C. under 18 CFR Part 34 of all future of the FPA, notice is hereby given that 20426, in accordance with Rules 211 issuances of securities and assumptions an annual license for Project No. 2589 and 214 of the Commission’s Rules of of liability by PPL Southwest. is issued to Marquette Board of Light Practice and Procedure (18 CFR 385.211 On June 21, 2001, pursuant to and Power for a period effective August and 385.214). delegated authority, the Director, Division of Corporate Applications, 1, 2001, through July 31, 2002, or until Absent a request to be heard in the issuance of a new license for the Office of Markets, Tariffs and Rates, opposition within this period, Moses granted requests for blanket approval project or other disposition under the Lake is authorized to issue securities FPA, whichever comes first. If issuance under Part 34, subject to the following: and assume obligations or liabilities as Within thirty days of the date of the of a new license (or other disposition) a guarantor, indorser, surety, or does not take place on or before August order, any person desiring to be heard otherwise in respect of any security of or to protest the blanket approval of 1, 2002, notice is hereby given that, another person; provided that such pursuant to 18 CFR 16.18(c), an annual issuances of securities or assumptions of issuance or assumption is for some liability by PPL Southwest should file a license under Section 15(a)(1) of the lawful object within the corporate FPA is renewed automatically without motion to intervene or protest with the purposes of Moses Lake and compatible Federal Energy Regulatory Commission, further order or notice by the with the public interest, and is Commission, unless the Commission 888 First Street, NE., Washington, DC reasonably necessary or appropriate for 20426, in accordance with Rules 211 orders otherwise. such purposes. If the project is not subject to Section and 214 of the Commission’s Rules of 15 of the FPA, notice is hereby given The Commission reserves the right to Practice and Procedure (18 CFR 385.211 that the Marquette Board of Light and require a further showing that neither and 385.214). Power is authorized to continue public nor private interests will be Absent a request to be heard in operation of the Marquette Project No. adversely affected by continued opposition within this period, PPL 2589 until such time as the Commission approval of Moses Lake’s issuances of Southwest is authorized to issue acts on its application for subsequent securities or assumptions of liability. securities and assume obligations or license. Notice is hereby given that the liabilities as a guarantor, indorser, deadline for filing motions to intervene surety, or otherwise in respect of any Linwood A. Watson, Jr., or protests, as set forth above, is security of another person; provided Acting Secretary. September 10, 2001. that such issuance or assumption is for [FR Doc. 01–20618 Filed 8–15–01; 8:45 am] some lawful object within the corporate Copies of the full text of the Order are BILLING CODE 6717–01–P purposes of PPL Southwest and available from the Commission’s Public compatible with the public interest, and Reference Branch, 888 First Street, N.E., is reasonably necessary or appropriate DEPARTMENT OF ENERGY Washington, D.C. 20426. The Order may for such purposes. also be viewed on the web at http:// The Commission reserves the right to Federal Energy Regulatory www.ferc.gov using the ‘‘RIMS’’ link, require a further showing that neither Commission select ‘‘Docket#’’ and follow the public nor private interests will be instructions (call 202–208–2222 for [Docket No. ER01–1871–000] adversely affected by continued assistance). Comments, protests and approval of PPL Southwest’s issuances Moses Lake Generating, LLC; Notice of interventions may be filed electronically of securities or assumptions of liability. Issuance of Order via the Internet in lieu of paper. See, 18 Notice is hereby given that the CFR 385.2001(a)(1)(iii) and the deadline for filing motions to intervene August 10, 2001. instructions on the Commission’s web or protests, as set forth above, is Moses Lake Generating, LLC (Moses site under the ‘‘e-Filing’’ link. September 10, 2001. Lake) submitted for filing a rate Copies of the full text of the Order are schedule under which Moses Lake will Linwood A. Watson, Jr., available from the Commission’s Public engage in wholesale electric power and Acting Secretary. Reference Branch, 888 First Street, NE., energy transactions at market-based [FR Doc. 01–20613 Filed 8–15–01; 8:45 am] Washington, DC 20426. The Order may rates. Moses Lake also requested waiver BILLING CODE 6717–01–P also be viewed on the web at http://
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www.ferc.gov using the ‘‘RIMS’’ link, reasonably necessary or appropriate for affected by the Proposed Settlement are select ‘‘Docket#’’ and follow the such purposes. pending before an Administrative Law instructions (call 202–208–2222 for The Commission reserves the right to Judge. TLNG asserts that, in view of assistance). Comments, protests and require a further showing that neither this, as provided by Rule 602, its interventions may be filed electronically public nor private interests will be Proposed Settlement should be via the Internet in lieu of paper. See, 18 adversely affected by continued transmitted by the Office of the CFR 385.2001(a)(1)(iii) and the approval of Rail Energy’s issuances of Secretary to the Commission. TLNG’s instructions on the Commission’s web securities or assumptions of liability. filing includes a Stipulation and site under the ‘‘e-Filing’’ link. Notice is hereby given that the Agreement, copies of pro forma tariff deadline for filing motions to intervene sheets setting forth the changes Linwood A. Watson, Jr., or protests, as set forth above, is proposed to TLNG’s currently effective Acting Secretary. September 10, 2001. tariff sheets, a separate explanatory [FR Doc. 01–20612 Filed 8–15–01; 8:45 am] Copies of the full text of the Order are statement, and a statement of references BILLING CODE 6717–01–M available from the Commission’s Public to testimony, exhibits, decision, and Reference Branch, 888 First Street, NE., other matters relevant to the Proposed Washington, DC 20426. The Order may Settlement. DEPARTMENT OF ENERGY also be viewed on the web at http:// The Proposed Settlement is sponsored www.ferc.gov using the ‘‘RIMS’’ link, jointly by TLNG and TLNG’s only two Federal Energy Regulatory select ‘‘Docket#’’ and follow the Commission long-term firm customers—BG LNG instructions (call 202–208–2222 for Services, Inc. (BG LNG) and Duke assistance). Comments, protests and Energy LNG Sales, Inc. (Duke LNG). If [Docket Nos. ER01–1557–000 and ER01– interventions may be filed electronically approved by the Commission, the 1557–001] via the Internet in lieu of paper. See, 18 Proposed Settlement will take effect CFR 385.2001(a)(1)(iii) and the January 1, 2002 and extend until the Rail Energy of Montana, LLC; Notice of instructions on the Commission’s web year 2022. TLNG states that the Issuance of Order site under the ‘‘e-Filing’’ link. Proposed Settlement provides for a August 10, 2001. Linwood A. Watson, Jr., substantial reduction in its rates, and Rail Energy of Montana, LLC (Rail Acting Secretary. that the reduced rates will not be subject Energy) submitted for filing a rate [FR Doc. 01–20609 Filed 8–15–01; 8:45 am] to change and will remain in effect until schedule under which Rail Energy will BILLING CODE 6717–01–P the year 2015. engage in wholesale electric power and A copy of the Settlement is on file energy transactions at market-based with the Commission and is available rates. Rail Energy also requested waiver DEPARTMENT OF ENERGY for public inspection in the Public of various Commission regulations. In Reference Room. The Settlement may be particular, Rail Energy requested that Federal Energy Regulatory viewed on the web at http:// the Commission grant blanket approval Commission www.ferc.fed.us/online/rims.htm (call under 18 CFR Part 34 of all future [Docket Nos. RP01–445–001 and CP97–26– 202–208–2222 for assistance). issuances of securities and assumptions 004] In accordance with Section 385.602(f), of liability by Rail Energy. initial comments are due by August 21, On June 22, 2001, pursuant to Trunkline LNG Company; Notice of 2001, and any reply comments are due delegated authority, the Director, Offer of Settlement by August 31, 2001. Division of Corporate Applications, August 10, 2001. Linwood A. Watson, Jr., Office of Markets, Tariffs and Rates, Take notice that on August 1, 2001, Acting Secretary. granted requests for blanket approval pursuant to Rule 602 of the under Part 34, subject to the following: [FR Doc. 01–20620 Filed 8–15–01; 8:45 am] Commission’s Rules of Practice and BILLING CODE 6717–01–P Within thirty days of the date of the Procedure (Rule 602), Trunkline LNG order, any person desiring to be heard Company (TLNG) tendered for filing an or to protest the blanket approval of Offer of Settlement (Proposed DEPARTMENT OF ENERGY issuances of securities or assumptions of Settlement) with respect to the liability by Rail Energy should file a proceedings in Docket Nos. RP01–445– Federal Energy Regulatory motion to intervene or protest with the 000 1 and CP97–26–000.2 TLNG states Commission Federal Energy Regulatory Commission, that no aspect of the proceedings 888 First Street, NE., Washington, DC [Project No. 2077] 20426, in accordance with Rules 211 1 TLNG’s filing in Docket No. RP01–445–000 is a and 214 of the Commission’s Rules of rate study justifying its currently effective rates that USGen New England, Inc.; Notice of Practice and Procedure (18 CFR 385.211 TLNG filed with the Commission to comply with Authorization for Continued Project and 385.214). Ordering Paragraph (D) of the Commission’s November 3, 1997 Order Issuing Certificate, Operation Absent a request to be heard in Trunkline LNG Company, 81 FERC ¶ 61,147 (1997), opposition within this period, Rail as clarified by the Commission’s February 27, 1998 August 10, 2001. Energy is authorized to issue securities Order Denying Rehearing, 82 FERC ¶ 61,198 (1998). On July 29, 1999, USGen New and assume obligations or liabilities as 2 The proceeding in Docket No. CP97–26–000 England, Inc., licensee for the Fifteen resulted in the Commission’s issuance of a a guarantor, indorser, surety, or Certificate under Subpart G of Part 284 of the Mile Falls Project No. 2077, filed an otherwise in respect of any security of Commission’s Regulations, authorizing TLNG to application for a new or subsequent another person; provided that such provide firm and interruptible LNG terminalling license pursuant to the Federal Power issuance or assumption is for some service. See: November 3, 1997 Order Issuing Act (FPA) and the Commission’s Certificate, Trunkline LNG Company, 81 FERC lawful object within the corporate ¶ 61,147 (1997), as clarified by the Commission’s regulations thereunder. Project No. 2077 purposes of Rail Energy and compatible February 27, 1998 Order Denying Rehearing, 82 is located on the Connecticut River in with the public interest, and is FERC ¶ 61,198 (1998). Grafton and Coos Counties, New
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Hampshire and Caledonia and Essex DEPARTMENT OF ENERGY at the end of this notice. The Counties, Vermont. Commission will limit its consideration Federal Energy Regulatory The license for Project No. 2077 was of comments to those that concern the Commission issued for a period ending July 31, 2001. adequacy or accuracy of the application. Section 15(a)(1) of the FPA, 16 U.S.C. [Docket No. EC01–135–000, et al.] 3. Idaho Power Company 808(a)(1), requires the Commission, at Wisconsin Public Service Corporation, [Docket No. ER01–1687–002] the expiration of a license term, to issue et al.: Electric Rate and Corporate from year to year an annual license to Take notice that on August 2, 2001, Regulation Filings the then licensee under the terms and Idaho Power Company tendered for conditions of the prior license until a August 9, 2001. filing, under its Market-Based Rates new license is issued, or the project is Take notice that the following filings Tariff, amended Rate Schedule otherwise disposed of as provided in have been made with the Commission: Designations as required by Order No. Section 15 or any other applicable 614 pursuant to the Commission’s Letter 1. Wisconsin Public Service Order dated May 29, 2001 in the above- section of the FPA. If the project’s prior Corporation captioned docket. license waived the applicability of Section 15 of the FPA, then, based on [Docket No. EC01–135–000] Comment date: August 22, 2001, in Section 9(b) of the Administrative Take notice that on August 2, 2001, accordance with Standard Paragraph E Procedure Act, 5 U.S.C. 558(c), and as Wisconsin Public Service Corporation at the end of this notice. set forth at 18 CFR 16.21(a), if the (WPSC) filed an application under 4. Somerset Windpower LLC licensee of such project has filed an Section 203 of the Federal Power Act for an order authorizing it to extend for six [Docket No. ER01–2139–001] application for a subsequent license, the years a lease of a feeder bay and related licensee may continue to operate the Take notice that on August 2, 2001, facilities (designated as Feeder 241) to project in accordance with the terms Somerset Windpower LLC (Somerset) the Eagle River Light & Water Utility tendered for filing a Revision to and conditions of the license after the (Eagle River). These facilities are located minor or minor part license expires, Attachment A to Somerset’s application in and near the Cranberry Substation. for an order authorizing market-based until the Commission acts on its The Commission previously approved application. If the licensee of such a rates under Section 205(a) of the Federal the base lease agreement in Docket No. Power Act, 16 U.S.C. 824d(a); for project has not filed an application for EC96–3–000. granting of certain blanket approvals a subsequent license, then it may be WPSC states that copies of this and for the waiver of certain required, pursuant to 18 CFR 16.21(b), application were served on Eagle River, Commission regulations. Somerset is a to continue project operations until the the Public Service Commission of limited liability company that proposes Commission issues someone else a Wisconsin, the Michigan Public Service to engaged in the wholesale sale of license for the project or otherwise Commission and Wisconsin Public electric power in the state of orders disposition of the project. Power, Inc. Pennsylvania. Comment date: August 22, 2001, in If the project is subject to Section 15 accordance with Standard Paragraph E Comment date: August 22, 2001, in of the FPA, notice is hereby given that at the end of this notice. accordance with Standard Paragraph E an annual license for Project No. 2077 at the end of this notice. is issued to USGen New England, Inc. 2. Ridge Crest Wind Partners, LLC 5. Sunrise Power Company, LLC for a period effective August 1, 2001, [Docket No. EG01–276–000] through July 31, 2002, or until the On August 2, 2001, Ridge Crest Wind [Docket No. ER01–2217–001] issuance of a new license for the project Partners, LLC, 139 East Fourth Street, On August 2, 2001, Sunrise Power or other disposition under the FPA, Cincinnati, Ohio 45202 filed with the Company LLC (Seller) filed an whichever comes first. If issuance of a Federal Energy Regulatory Commission amendment to its electric rate tariff in new license (or other disposition) does an application for determination of compliance with the order of the not take place on or before August 1, exempt wholesale generator status Federal Energy Regulatory Commission 2002, notice is hereby given that, pursuant to Part 365 of the (Commission) issued on July 25, 2001, pursuant to 18 CFR 16.18(c), an annual Commission’s regulations. in the above-captioned docket. license under Section 15(a)(1) of the Ridge Crest Wind Partners, LLC, is a Comment date: August 22, 2001, in FPA is renewed automatically without Delaware limited liability company that accordance with Standard Paragraph E further order or notice by the is building, for ownership and at the end of this notice. Commission, unless the Commission operation, an approximately 30- orders otherwise. megawatt wind generation facility, 6. PSEG Fossil LLC, PSEG Nuclear LLC, comprised of thirty-three (33) NEG PSEG Energy Resources & Trade LLC If the project is not subject to Section Micon 900 KW wind turbines utilizing [Docket No. ER01–2462–001] 15 of the FPA, notice is hereby given fifty-two (52) meter rotor diameters and that USGen New England, Inc. is seventy-two (72) meter hub height Take notice that on July 10, 2001, authorized to continue operation of the tubular towers (‘‘the Facility’’). The Joint Application of PSEG Fossil LLC, Fifteen Mile Falls Project No. 2077 until Facility is located on the Peetz Table PSEG Nuclear LLC and PSEG Energy such time as the Commission acts on its Mesa in Logan County, Colorado. Ridge Resources & Trade LLC (the Applicants) application for subsequent license. Crest Wind Partners, LLC is engaged tendered for filing to clarify that the directly and exclusively in the business waivers being sought would pertain to Linwood A. Watson, Jr., of owning and operating all or part of the calendar year 2000 and subsequent Acting Secretary. one or more eligible facilities and years. [FR Doc. 01–20616 Filed 8–15–01; 8:45 am] selling electric energy at wholesale. Comment date: August 23, 2001, in BILLING CODE 6717–01–P Comment date: August 29, 2001, in accordance with Standard Paragraph E accordance with Standard Paragraph E at the end of this notice.
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7. PacifiCorp agreement is proposed to be effective 12. Ocean State Power II [Docket No. ER01–2501–001] August 1, 2001. [Docket No. ER01–2767–000] Take notice that PacifiCorp, on Copies of the filing were served upon Take notice that on August 2, 2001, August 2, 2001, tendered for filing the Customers and the Kansas Ocean State Power II (Ocean State II) signature pages evidencing the Corporation Commission. tendered for filing revised pages to its execution of Amendatory Agreement Comment date: August 22, 2001, in initial rate schedules, which continue in No. 5, to the Pacific Northwest accordance with Standard Paragraph E effect existing adjustments to the Coordination Agreement dated at the end of this notice. Annual Capacity Charge for Unit September 15, 1964. Availability, Rate Schedules FERC Nos. 10. Ridge Crest Wind Partners, LLC PacifiCorp states that the 5–8. Ocean State II requests an effective supplemental filing of these signature [Docket No. ER01–2760–000] date for the rate schedule changes of pages was made in support of August 3, 2001. PacifiCorp’s filing of Amendatory On August 2, 2001, Ridge Crest Wind Copies of the Supplements have been Agreement No. 5 as a Change of Rate Partners, LLC, of 139 East Fourth Street, served upon, among others, Ocean State Schedule. Amendatory Agreement No. 5 Cincinnati, Ohio 45202 filed with the II’s power purchasers, the modifies the primary agreement to Federal Energy Regulatory Commission Massachusetts Department of Public change agreement terms and conditions an application for market-based rate Utilities, and the Rhode Island Public regarding: The City of Tacoma’s authorization, waivers and exemptions Utilities Commission. withdrawal of its west-side and a request for an effective date of Comment date: August 22, 2001, in hydroelectric projects from the primary September 16, 2001 for its market-based accordance with Standard Paragraph E agreement; the rate charged for rate authorization. at the end of this notice. interchange energy transactions; and the Ridge Crest Wind Partners, LLC, is a 13. Progress Energy, Inc. on behalf of methods of accounting for interchange Delaware limited liability company that Carolina Power & Light Company energy transactions. is building, for ownership and [Docket No. ER01–2775–000] Comment date: August 22, 2001, in operation, an approximately 26- accordance with Standard Paragraph E megawatt wind generation facility, Take notice that on August 2, 2001, at the end of this notice. comprised of thirty-three (33) NEG Carolina Power & Light Company Micon 900 KW wind turbines utilizing (CP&L) tendered for filing Service 8. Southern California Edison Company fifty-two (52) meter rotor diameters and Agreements for Short-Term Firm and [Docket No. ER01–2751–000] seventy-two (72) meter hub tubular Non-Firm Point-to-Point Transmission towers (the Facility). The Facility is Service with Calpine Energy Services, Take notice, that on August 2, 2001, L.P. Service to this Eligible Customer Southern California Edison Company located on the Peetz Table Mesa in Logan County, Colorado. Ridge Crest will be in accordance with the terms (SCE) tendered for filing an and conditions of the Open Access Interconnection Facilities Agreement Wind Partners, LLC, is seeking market- based rate authorization, waivers and Transmission Tariff filed on behalf of between SCE and the Mountainview CP&L. Copies of the filing were served Power Company L.L.C. (Mountainview). exemptions, and a request for an effective date of September 16, 2000 for upon the North Carolina Utilities This agreement specifies the terms and Commission and the South Carolina conditions pursuant to which SCE will its market-based rate authorization in order to sell the output of the Facility Public Service Commission. interconnect 1132 MW of generation to CP&L is requesting an effective date of the California Independent System to the Public Service Company of Colorado. July 31, 2001 for the Service Operator Controlled Grid pursuant to Agreements. SCE’s Transmission Owner Tariff, FERC Comment date: August 22, 2001, in Comment date: August 22, 2001, in Electric Tariff, First Revised Original accordance with Standard Paragraph E accordance with Standard Paragraph E Volume No. 6. Copies of this filing were at the end of this notice. at the end of this notice. served upon the Public Utilities Commission of the State of California 11. Ocean State Power 14. Exelon Generation Company, LLC and Mountainview. [Docket No. ER01–2766–000] [Docket No. ER01–2776–000] SCE requests that this agreement Take notice that on August 2, 2001, become effective on August 3, 2001. Take notice that on August 2, 2001, Ocean State Power (Ocean State) Exelon Generation Company, LLC Comment date: August 22, 2001, in tendered for filing revised pages to its (Exelon Generation) submitted for filing accordance with Standard Paragraph E initial rate schedules, which continue in with the Federal Energy Regulatory at the end of this notice. effect existing adjustments to the Commission (FERC or the Commission) 9. Western Resources, Inc. Annual Capacity Charge for Unit a service agreement for wholesale power sales transactions between Exelon [Docket No. ER01–2752–000] Availability, Rate Schedules FERC Nos. 1–4. Ocean State requests an effective Generation and City of Austin, Texas Take notice that on August 2, 2001, date for the rate schedule changes of d/b/a Austin Energy under Exelon Western Resources, Inc. (WR) tendered August 3, 2001. Generation’s wholesale power sales for filing a separate Master Power tariff, FERC Electric Tariff, Original Purchase and Sale Agreement between Copies of the Supplements have been Volume No. 1. WR and Tenaska Power Services Co., served upon, among others, Ocean Comment date: August 22, 2001, in American Electric Power Services Corp. State’s power purchasers, the accordance with Standard Paragraph E and Southern Company Energy Massachusetts Department of Public at the end of this notice. Marketing L.P. (Customers). WR states Utilities, and the Rhode Island Public 15. Exelon Generation Company, LLC that the purpose of these agreements is Utilities Commission. to permit the Customers to take service Comment date: August 22, 2001, in [Docket No. ER01–2777–000] under WR’s Market Based Power Sales accordance with Standard Paragraph E Take notice that on August 2, 2001, Tariff on file with the Commission. This at the end of this notice. Exelon Generation Company, LLC
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(Exelon Generation) submitted for filing Virginia Power requests an effective viewed on the web at http:// with the Federal Energy Regulatory date of September 1, 2001, as requested www.ferc.gov using the ‘‘RIMS’’ link, Commission (FERC or the Commission) by the customer. select ‘‘Docket#’’ and follow the a service agreement for wholesale power Copies of the filing were served upon instructions (call 202–208–2222 for sales transactions between Exelon Exelon Generation Company, LLC, the assistance). Comments, protests and Generation and Nicor Energy, L.L.C. Virginia State Corporation Commission, interventions may be filed electronically under Exelon Generation’s wholesale and the North Carolina Utilities via the Internet in lieu of paper. See, 18 power sales tariff, FERC Electric Tariff, Commission. CFR 385.2001(a)(1)(iii) and the Original Volume No. 1. Comment date: August 22, 2001, in instructions on the Commission’s web Comment date: August 22, 2001, in accordance with Standard Paragraph E site under the ‘‘e-Filing’’ link. accordance with Standard Paragraph E at the end of this notice. Linwood A. Watson, Jr., at the end of this notice. 18. ARCO, a subsidiary of BP America, Acting Secretary. Inc. Complainant, v. Calnev Pipe Line 16. Northern Indiana Public Service [FR Doc. 01–20606 Filed 8–15–01; 8:45 am] LLC, Respondent. Company BILLING CODE 6717–01–P [Docket No. ER01–2778–000] [Docket No.OR01–8–000] Take notice that on August 2, 2001, On August 8, 2001, ARCO, a DEPARTMENT OF ENERGY Northern Indiana Public Service subsidiary of BP America, Inc. Company (Northern Indiana) filed a (hereinafter referred to as Complainant) filed a complaint alleging that there are Federal Energy Regulatory Service Agreement pursuant to its Commission Wholesale Market-Based Rate Tariff reasonable grounds to believe that the with The Detroit Edison Company rates of Calnev Pipe Line LLC subject to [Docket No. CP01–49–000] (Detroit Edison). Under the Service the jurisdiction of the Federal Energy Northwest Pipeline Corporation; Notice Agreement, Northern Indiana may Regulatory Commission are not just and of Availability of the Environmental provide service under its Wholesale reasonable. According to Complainant, the Assessment for the Proposed Everett Market-Based Rate Tariff. Northern overcharges are 22.8 percent in excess of Delta Lateral Project Indiana has requested an effective date the claimed just and reasonable return of July 3, 2001. claimed by Calnev in its year 2000 August 10, 2001. Copies of this filing have been sent to interstate cost of service. The staff of the Federal Energy Detroit Edison, the Indiana Utility Complainant further alleges that the Regulatory Commission (FERC or Regulatory Commission, and the rates are not subject to the threshold Commission) has prepared an Indiana Office of Utility Consumer ‘‘changed circumstances’’ standard environmental assessment (EA) on the Counselor. pursuant to the Energy Policy Act of natural gas pipeline facilities proposed Comment date: August 22, 2001, in 1992. by Northwest Pipeline Corporation accordance with Standard Paragraph E Complainant alleges that it is (Northwest) in the above-referenced at the end of this notice. aggrieved and damaged by the unlawful docket. 17. Virginia Electric and Power acts of Calnev Pipe Line LLC and seeks The EA was prepared to satisfy the Company relief in the form of reduced rates in the requirements of the National future and reparations for past and Environmental Policy Act. The staff [Docket No. ER01–2779–000] current overcharges for transportation concludes that approval of the proposed Take notice that on August 2, 2001, and terminalling, with interest. project, with appropriate mitigating Virginia Electric and Power Company Comment date: August 21, 2001, in measures, would not constitute a major (Dominion Virginia Power or the accordance with Standard Paragraph E Federal action significantly affecting the Company) tendered for filing the at the end of this notice. Answers to the quality of the human environment. Service Agreement for Firm Point-to- complaint shall also be due on or before The EA assesses the potential Point Transmission Service by Virginia August 21, 2001. environmental effects of the Electric and Power Company to Exelon construction and operation of the Generation Company, LLC designated as Standard Paragraph proposed gas pipeline and aboveground Service Agreement No. 320 under the E. Any person desiring to be heard or facilities including: Company’s FERC Electric Tariff, Second to protest such filing should file a • About 9.0 mile of a 20-inch- Revised Volume No. 5; and the Service motion to intervene or protest with the diameter pipeline in Snohomish Agreement for Non-Firm Point-to-Point Federal Energy Regulatory Commission, County, Washington, which would tie Transmission Service by Virginia 888 First Street, NE., Washington, DC in with Northwest’s existing mainline Electric and Power Company to Exelon 20426, in accordance with Rules 211 and mainline loop north of the City of Generation Company, LLC designated as and 214 of the Commission’s Rules of Lake Stevens; the lateral would extend Service Agreement No. 321 under the Practice and Procedure (18 CFR 385.211 from the interconnect with Northwest’s Company’s FERC Electric Tariff, Second and 385.214). All such motions or existing system to Northwest Power Revised Volume No. 5. protests should be filed on or before the Company’s (NPC) power plant in The foregoing Service Agreements are comment date. Protests will be Everett, Washington; tendered for filing under the Open considered by the Commission in • Two meter stations at a joint meter Access Transmission Tariff to Eligible determining the appropriate action to be station site at the end of the pipeline for Purchasers effective June 7, 2000. Under taken, but will not serve to make deliveries to NPC and for deliveries to the tendered Service Agreements, protestants parties to the proceeding. Puget Sound Energy (PSE); and Dominion Virginia Power will provide Any person wishing to become a party • Other aboveground facilities point-to-point service to Exelon must file a motion to intervene. Copies include two 12-inch-diameter mainline Generation Company, LLC under the of this filing are on file with the taps, a pig launcher, one 20-inch- rates, terms and conditions of the Open Commission and are available for public diameter block valve assembly, a liquids Access Transmission Tariff. Dominion inspection. This filing may also be separator; and a pig receiver.
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The purpose of the proposed facilities 385.214).1 Only intervenors have the f. Location: The project is located on would be to supply natural gas to NPC’s right to seek rehearing of the the Deschutes River in Jefferson, 248-megawatt combined-cycle power Commission’s decision. Marion, and Wasco Counties, Oregon. generating plant in Everett, Washington. Affected landowners and parties with The project occupies lands of the The Everett Delta Lateral would have a environmental concerns may be granted Deschutes National Forest; Mt. Hood design capacity of approximately intervenor status upon showing good National Forest; Willamette National 133,000 dekatherms per day (Dth/day), cause by stating that they have a clear Forest; Crooked River National of which up to 90,000 Dth/day would be and direct interest in this proceeding Grassland; Bureau of Land Management; delivered to fuel NPC’s power plant, which would not be adequately and tribal lands of the Warm Springs and 43,000 Dth/day would be delivered represented by any other parties. You do Reservation of Oregon. to PSE to supply its existing local not need intervenor status to have your g. Filed Pursuant to: Federal Power distribution system. Initially, the power comments considered. Act, 16 U.S.C. 791(a)–825(r). plant would require approximately Additional information about the h. Applicant Contacts: Ms. Julie Keil, 45,000 Dth/day of natural gas for full proposed project is available from the Director, Hydro Licensing, Portland operation. Commission’s Office of External Affairs, General Electric Company, 121 SW The EA has been placed in the public at (202) 208–1088 or on the FERC Salmon Street, Portland, OR 97204, files of the FERC. A limited number of Internet website (www.ferc.gov) using (503) 464–8864; and Mr. James Manion, copies of the EA are available for the ‘‘RIMS’’ link to information in this General Manager, Warm Springs Power distribution and public inspection at: docket number. Click on the ‘‘RIMS’’ Enterprises, P.O. Box 690, Warm Federal Energy Regulatory Commission, link, select ‘‘Docket #’’ from the RIMS Springs, OR 97761, (541) 553–1046. Public Reference and Files Maintenance Menu, and follow the instructions. For i. FERC Contact: Any questions on Branch, 888 First Street, NE., Room 2A, assistance with access to RIMS, the this notice should be addressed to Nan Washington, DC 20426, (202) 208–1371. RIMS helpline can be reached at (202) Allen at (202) 219–2839. E-mail address: 208–2222. [email protected]. Copies of the EA have been mailed to j. Deadline for filing motions to Federal, state and local agencies, public Similarly, the ‘‘CIPS’’ link on the FERC Internet website provides access intervene and protests: October 10, interest groups, interested individuals, 2001. newspapers, and parties to this to the texts of formal documents issued by the Commission, such as orders, All documents (original and eight proceeding. copies) should be filed with: David P. Any person wishing to comment on notices, and rulemakings. From the FERC Internet website, click on the Boergers, Secretary, Federal Energy the EA may do so. To ensure Regulatory Commission, 888 First consideration prior to a Commission ‘‘CIPS’’ link, select ‘‘Docket #’’ from the CIPS menu, and follow the instructions. Street, NE., Washington, DC 20426. decision on the proposal, it is important The Commission’s Rules of Practice For assistance with access to CIPS, the that we receive your comments before require all intervenors filing documents CIPS helpline can be reached at (202) the date specified below. Please with the Commission to serve a copy of 208–2474. carefully follow these instructions to that document on each person on the ensure that your comments are received Linwood A. Watson, Jr., official service list for the project. in time and properly recorded: Acting Secretary. Further, if an intervenor files comments • Send two copies of your comments [FR Doc. 01–20607 Filed 8–15–01; 8:45 am] or documents with the Commission to: Secretary, Federal Energy Regulatory BILLING CODE 6717–01–P relating to the merits of an issue that Commission, 888 First St., NE., Room may affect the responsibilities of a 1A, Washington, DC 20426. particular resource agency, they must • Label one copy of the comments for DEPARTMENT OF ENERGY also serve a copy of the document on the attention of Gas Group 2, PJ–11.2 that resource agency. • Reference Docket No. CP01–49– Federal Energy Regulatory Comments, protests and interventions 000; and Commission may be filed electronically via the • Mail your comments so that they Internet in lieu of paper. See, 18 CFR Notice of Application Accepted for 385.2001(a)(1)(iii) and the instructions will be received in Washington, DC on Filing and Soliciting Motions To or before September 10, 2001. on the Commission’s web site under the Intervene and Protests ‘‘e-Filing’’ link. Comments may also be filed k. This application has been accepted, August 10, 2001. electronically via the Internet in lieu of but is not ready for environmental Take notice that the following paper. See 18 CFR 385.2001(a)(1)(iii) analysis at this time. and the instructions on the hydroelectric application has been filed l. The Round Butte development Commission’s web site at http:// with the Commission and is available works consisting of: (1) The 440-foot- www.ferc.gov under the ‘‘e-Filing’’ link for public inspection. high, 1,382-foot-long Round Butte dam; and the link to the User’s Guide. Before a. Type of Application: Amendment (2) a 535,000-acre-foot reservoir with a you can file comments you will need to of License Application. normal pool elevation at 1,945.0 feet b. Project No.: 2030–036. create an account which can be created mean sea level; (3) a spillway intake c. Date Filed: June 29, 2001. by clicking on ‘‘Login to File’’ and then structure topped with a 30-foot-high, 36- d. Applicants: Portland General ‘‘New User Account.’’ foot-wide radial gate, and a 1,800-foot- Electric Company (PGE) and the Comments will be considered by the long, 21-foot-diameter spillway tunnel; Confederated Tribes of the Warm Commission but will not serve to make (4) an 85-foot-long, varying in height Springs Reservation of Oregon (CTWS). the commentor a party to the and width, powerhouse intake structure; e. Name of Project: Pelton Round proceeding. Any person seeking to (5) a 1,425-foot-long, 23-foot-diameter Butte Hydroelectric Project. become a party to the proceeding must power tunnel; (6) a powerhouse file a motion to intervene pursuant to 1 Interventions may also be filed electronically via containing three turbine generating Rule 214 of the Commission’s Rules of the Internet in lieu of paper. See the previous units with a total installed capacity of Practice and Procedures (18 CFR discussion on filing comments electronically. 247 megawatts (MW); (7) one 70-
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kilowatt (kW) turbine generating unit the appropriate action to take, the Transmission, 700 NE. Multnomah with a 30-inch-diameter pipe and Commission will consider all protests Street, Suite 550, Portland, OR 97232, support structure, a 10-foot square filed, but only those who file a motion (503) 813–5737, fax (503) 813–5767. platform, and a turbine discharge pipe; to intervene in accordance with the i. FERC Contact: Any questions on (8) a 12.5-kilovolt (kV), 10.5-mile-long Commission’s Rules may become a this notice should be addressed to Tom transmission line extending to the party to the proceeding. Any protests or Papsidero at (202) 219–2715, or e-mail Reregulation dam, and a 230-kV, 100- motions to intervene must be received address: [email protected]. mile-long transmission line extending to on or before the specified deadline date j. Deadline for filing comments and/ Portland General’s Bethel substation; for the particular application. or motions: (September 16, 2001). and (9) appurtenant facilities. All filings must (1) bear in all capital All documents (original and eight The Pelton development consists of: letters the title ‘‘PROTEST’’ or copies) should be filed with: David P. (1) The 204-foot-high, 636-foot-long ‘‘MOTION TO INTERVENE;’’ (2) set Boergers, Secretary, Federal Energy thin-arch variable-radius reinforced forth in the heading the name of the Regulatory Commission, Mail Code: concrete Pelton dam with a crest applicant and the project number of the DLC, HL–11.1, 888 First Street, NE., elevation 1,585 feet msl; (2) a reinforced application to which the filing Washington, DC 20426. concrete spillway on the left bank with responds; (3) furnish the name, address, Please include the project number a crest elevation of 1,558 feet msl; (3) and telephone number of the person (2469–039) on any comments or Lake Simtustus with a gross storage protesting or intervening; and (4) motions filed. capacity of 31,000 acre-feet and a otherwise comply with the requirements k. Description of Transfer: APS normal maximum surface area of 540 of 18 CFR 385.2001 through 385.2005. requests approval to transfer its license acres at normal maximum water surface Agencies may obtain copies of the to PacifiCorp as part of a sale of the line elevation of 1,580 feet msl; (4) an intake application directly from the applicant. to PacifiCorp. structure at the dam; (5) three 16-foot- A copy of any protest or motion to l. Locations of the application: Copies diameter penstocks, 107 feet long, 116 intervene must be served upon each of this filing are on file with the feet long, and 108 feet long, representative of the applicant specified Commission and are available for public respectively; (6) a powerhouse with in the particular application. inspection. This filing may be viewed three turbine/generator units with a on the Commission’s web site at http:/ total installed capacity of 108 MW; (7) Linwood A. Watson, Jr., /www.ferc.gov using the ‘‘RIMS’’ link, a tailrace channel; (8) a 7.9-mile-long, Acting Secretary. select ‘‘Docket #’’ and follow the 230-kV transmission line from the [FR Doc. 01–20615 Filed 8–15–01; 8:45 am] instructions ((202) 208–2222 for powerhouse to the Round Butte BILLING CODE 6717–01–P switchyard; and (9) other assistance). Comments, protests and appurtenances. interventions may be filed electronically The Reregulating development DEPARTMENT OF ENERGY via the Internet in lieu of paper. See, 18 consists of: (1) The 88-foot-high, 1,067- CFR 385.2001(a)(1)(iii) and the foot-long concrete gravity and Federal Energy Regulatory instructions on the Commission’s web impervious core rockfilled Reregulating Commission site under the ‘‘e-Filing’’ link. Copies dam with a spillway crest elevation of are also available for inspection and 1,402 feet msl; (2) a reservoir with a Notice of Application for Transfer of reproduction at the addresses in item h gross storage capacity of 3,500 acre feet License and Soliciting Comments, above. and a normal maximum water surface Motions To Intervene, and Protests m. Individuals desiring to be included area of 190 acres at normal maximum on the Commission’s mailing list should August 10, 2001. so indicate by writing to the Secretary water surface elevation of 1,435 feet Take notice that the following msl; (3) a powerhouse at the dam of the Commission. hydroelectric application has been filed n. This notice also consists of the containing a 18.9-MW turbine/generator with the Commission and is available unit; (4) a tailrace channel; (5) a 3.2- following standard paragraphs: B, C1, for public inspection: D2. mile-long, 69-kV transmission line from a. Application Type: Transfer of the development to the Warm Springs License. Linwood A. Watson, Jr., substation; and (6) other appurtenances. b. Project No: 2469–039. Acting Secretary. The project is estimated to generate an c. Date Filed: June 28, 2001. [FR Doc. 01–20617 Filed 8–15–01; 8:45 am] average of 1.613 billion kilowatthours d. Applicants: Arizona Public Service annually. The dams and existing project Company (APS or transferor) and BILLING CODE 6717–01–P facilities are owned by the co- PacifiCorp (transferee). applicants. e. Name of Project: Transmission Line DEPARTMENT OF ENERGY m. Copies of this filing are on file Number 2469. with the Commission and are available f. Location: The project is located in Federal Energy Regulatory for public inspection. This filing may Coconino County, Arizona. The project Commission also be viewed on the web at http:// occupies lands of the United States www.ferc.gov using the ‘‘RIMS’’ link, Bureau of Reclamation. Notice of Application Accepted for select ‘‘Docket#’’ and follow the g. Filed pursuant to: 18 CFR 4.200. Filing and Soliciting Comments, instructions (call 202–208–2222 for h. Applicant Contacts: For Protests, Motions To Intervene, assistance). Copies are also available for transferor—Mr. Joel R. Spitzkoff, Recommendations, and Terms and inspection and reproduction at the Manager, Federal Regulation, Arizona Conditions addresses in item h above. Public Service Commission, 400 North n. Anyone may submit a protest or a 5th Street, 19th Floor, Station 9905, August 10, 2001. motion to intervene in accordance with Phoenix, AZ 85004, (602) 250–2949, fax Take notice that the following the requirements of Rules of Practice (602) 250–2873. hydroelectric application has been filed and Procedure, 18 CFR 385.210, For transferee—Mr. Jack E. Stamper, with the Commission and is available 385.211, and 385.214. In determining Regulatory Manager, PacifiCorp for public inspection:
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a. Type of Application: Conduit CFR 385.2001(a)(1)(iii) and the Anyone may obtain an extension of Exemption. instructions on the Commission’s web time for these deadlines from the b. Project No.: 12071–000. site under the ‘‘e-Filing’’ link. Copies Commission only upon a showing of c. Date filed: July 2, 2001. are also available for inspection and good cause or extraordinary d. Applicant: American Falls reproduction at the address in item h circumstances in accordance with 18 Reservoir District No. 2/Big Wood Canal above. CFR 385.2008. Company. Development Application—Any All filings must (1) bear in all capital e. Name of Project: County Line qualified applicant desiring to file a letters the title ‘‘PROTEST’’, ‘‘MOTION Project. competing application must submit to TO INTERVENE’’, ‘‘NOTICE OF f. Location: On North Gooding Main the Commission, on or before the INTENT TO FILE COMPETING Canal in Lincoln and Gooding Counties, specified deadline date for the APPLICATION,’’ ‘‘COMPETING Idaho. The project would not occupy particular application, a competing APPLICATION,’’ ‘‘COMMENTS,’’ federal or tribal lands. development application, or a notice of ‘‘REPLY COMMENTS,’’ g. Filed Pursuant to: Federal Power intent to file such an application. ‘‘RECOMMENDATIONS,’’ ‘‘TERMS Act 16 U.S.C. 791(a)–825(r). Submission of a timely notice of intent AND CONDITIONS,’’ or h. Applicant Contact: Mr. John J. allows an interested person to file the ‘‘PRESCRIPTIONS;’’ (2) set forth in the Straubhar, P.E., P.O. Box 5071, Twin competing development application no heading the name of the applicant and Falls, ID 83303–5071, (208) 736–8255. later than 120 days after the specified the project number of the application to i. FERC Contact: Tom Papsidero, (202) deadline date for the particular which the filing responds; (3) furnish 219–2715. the name, address, and telephone j. Status of Environmental Analysis: application. Applications for number of the person protesting or This application is ready for preliminary permits will not be intervening; and (4) otherwise comply environmental analysis at this time—see accepted in response to this notice. with the requirements of 18 CFR the following paragraphs about filing Notice of Intent—A notice of intent 385.2001 through 385.2005. All responsive documents. must specify the exact name, business k. Deadline for filing comments, address, and telephone number of the comments, recommendations, terms and protests and motions to intervene: prospective applicant, and must include conditions or prescriptions must set (September 10, 2001). an unequivocal statement of intent to forth their evidentiary basis and All documents (original and eight submit, if such an application may be otherwise comply with the requirements copies) should be filed with: David P. filed, either a preliminary permit of 18 CFR 4.34(b). Agencies may obtain Boergers, Secretary, Federal Energy application or a development copies of the application directly from Regulatory Commission, 888 First application (specify which type of the applicant. Any of these documents Street, NE, Washington, DC 20426. application). A notice of intent must be must be filed by providing the original Please include the project number (P– served on the applicant(s) named in this and the number of copies required by 12071–000) on any comments, protests, public notice. the Commission’s regulations to: The or motions filed. Protests or Motions to Intervene— Secretary, Federal Energy Regulatory The Commission’s Rules of Practice Anyone may submit a protest or a Commission, 888 First Street, NE., and Procedure require all interveners motion to intervene in accordance with Washington, DC 20426. filing documents with the Commission the requirements of Rules of Practice A copy of any protest or motion to to serve a copy of that document on and Procedure, 18 CFR 385.210, intervene must be served upon each each person in the official service list 385.211, and 385.214. In determining representative of the applicant specified for the project. Further, if an intervener the appropriate action to take, the in the particular application. A copy of files comments or documents with the Commission will consider all protests all other filings in reference to this Commission relating to the merits of an filed, but only those who file a motion application must be accompanied by issue that may affect the responsibilities to intervene in accordance with the proof of service on all persons listed in of a particular resource agency, they Commission’s Rules may become a the service list prepared by the must also serve a copy of the document party to the proceeding. Any protests or Commission in this proceeding, in on that resource agency. motions to intervene must be received accordance with 18 CFR 4.34(b) and l. Description of Project: The proposed on or before the specified deadline date 385.2010. project would consist of: (1) a proposed for the particular application. Linwood A. Watson, Jr., Filing and Service of Responsive reinforced concrete inlet structure, (2) a Acting Secretary. proposed powerhouse with one Documents—The application is ready [FR Doc. 01–20619 Filed 8–15–01; 8:45 am] generating unit having an installed for environmental analysis at this time, capacity of 950 kW, (3) a proposed and the Commission is requesting BILLING CODE 6717–01–P 2000-foot-long, 8-foot-diameter comments, reply comments, penstock, and (4) appurtenant facilities. recommendations, terms and The project would have an average conditions, and prescriptions. ENVIRONMENTAL PROTECTION annual generation of 3.6 GWh. The Commission directs, pursuant to AGENCY m. Locations of the application: Section 4.34(b) of the Regulations (see Copies of this filing are on file with the Order No. 533 issued May 8, 1991, 56 [OPPTS–00735; FRL–6797–7] Commission and are available for public FR 23108, May 20, 1991) that all inspection. This filing may be viewed comments, recommendations, terms and Technical Briefing on Background and on the Commission’s web site at http:/ conditions and prescriptions concerning Hazard Methodology; Revised Relative /www.ferc.gov using the ‘‘RIMS’’ link, the application be filed with the Potency Factor; Notice of Public select ‘‘Docket #’’ and follow the Commission within 30 days from the Meeting instructions ((202)208–2222 for issuance date of this notice. All reply AGENCY: Environmental Protection assistance). Comments, protests and comments must be filed with the Agency (EPA). interventions may be filed electronically Commission within 45 days from the ACTION: Notice. via the Internet in lieu of paper. See, 18 date of this notice.
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SUMMARY: EPA is announcing a public nation’s system for regulating pesticides person who wishes to file a written technical briefing for August 22, 2001, on food. Participants may include statement may do so before or after the to provide background information on environmental/public interest and meeting. These statements will become cumulative risk assessment methods, in consumer groups; industry and trade part of the permanent record and will be general, and the current status of the associations; pesticide user and grower available for public inspection at the work on the organophosphate (OP) groups; Federal, State, and local address listed in Unit II.B. of this cumulative risk assessment. Particular governments; food processors; document. attention will be given to the hazard academia; general public; etc. Since List of Subjects portion of the OP assessment. For other entities may also be interested, the cumulative assessments, before a risk Agency has not attempted to describe all Environmental protection, Pesticides, assessment can be done, the chemicals the specific entities that may be affected agriculture, chemicals, cumulative risk. must be ranked according to their ability by this action. If you have any questions Dated: August 7, 2001. to produce the toxic effect of concern. regarding the applicability of this action Marcia E. Mulkey, This ability is quantified by a ‘‘potency’’ to a particular entity, consult the person Director, Office of Pesticide Programs. listed under FOR FURTHER INFORMATION value. After the potency of each [FR Doc. 01–20666 Filed 8–15–01; 8:45 am] chemical is calculated, an index CONTACT. BILLING CODE 6560–50–S chemical is selected. This method to B. How Can I Get Additional estimate the relative potency has been Information, Including Copies of this termed the ‘‘relative potency factor’’ Document or Other Related Documents? ENVIRONMENTAL PROTECTION method. The result of the method is the AGENCY determination of a relative potency 1. Electronically. You may obtain factor (RPF) for each chemical. The electronic copies of this document, and [FRL–7034–4] briefing will focus on the recently certain other related documents that Office of Research and Development; released paper, ‘‘Preliminary might be available electronically, from Board of Scientific Counselors, Cumulative Hazard and Dose-Response the EPA Internet Home Page at http:// Executive Committee Meeting Assessment for Organophosphorus www.epa.gov/. To access this document, on the Home Page select Pesticides and Points of Departure for AGENCY: Environmental Protection ‘‘Laws and Regulations,’’ ‘‘Regulations Cholinesterase Inhibition,’’ which Agency (EPA). explains the method that has been used and Proposed Rules,’’ and then look up the entry for this document under the ACTION: Notice of meeting. to determine the relative potency factors ‘‘Federal Register—Environmental for the OPs and the selection of the SUMMARY: Pursuant to the Federal Documents.’’ You can also go directly to index chemical. This paper will also be Advisory Committee Act, Public Law the Federal Register listings at http:// the subject of a meeting of the Federal 92–463, as amended (5 U.S.C., App. 2) www.epa.gov/fedrgstr/. notification is hereby given that the Insecticide, Fungicide, and Rodenticide 2. In person. The Agency has Act (FIFRA) Scientific Advisory Panel Environmental Protection Agency, established an administrative record for Office of Research and Development (SAP) on September 5–6, 2001. At the this meeting under docket control technical briefing, the hazard (ORD), Board of Scientific Counselors number OPPTS–00735. The (BOSC) Subcommittee, will meet to methodology will be explained in some administrative record consists of the detail and in terms appropriate for a review the National Exposure Research documents specifically referenced in Laboratory. non-scientific audience. this notice and other information related DATES: DATES: The meeting will be held on to the cumulative risk assessment of The Meeting will be held on Wednesday, August 22, 2001, from 9 organophosphate pesticides. This September 18–20, 2001. On Tuesday, a.m. to 5 p.m. administrative record includes the September 18, 2001, the meeting will ADDRESSES: The meeting will be held at documents that are physically located in begin at 1:30 p.m., and will recess at the Hilton Alexandria Old Town, 1767 the docket, as well as the documents 5:00 p.m. On Wednesday, September 19, King Street, Alexandria, VA (directly that are referenced in those documents. 2001, the meeting will begin at 8:30 a.m. across from the King Street Metro The public version of the administrative and recess at 5:00 p.m. On the final day, Station). record is available for inspection in the Thursday, September 20, 2001, the Public Information and Records meeting will begin at 8:30 a.m. and FOR FURTHER INFORMATION CONTACT: recess at 3:00 p.m., and will include a Kathy Monk, Special Review and Integrity Branch (PIRIB), Information Resources and Services Division, Office writing session from 9:30 a.m. to 11:45 Reregistration Division, Office of a.m. All times noted are Eastern Time. Pesticides Program (7508C), of Pesticide Programs (OPP), ADDRESSES: The meeting will be held at Environmental Protection Agency, 1200 Environmental Protection Agency, Rm. the Catawba Building, 3210 Highway Pennsylvania Ave., NW., Washington, 119, Crystal Mall #2, 1921 Jefferson 54, Room 327, Research Triangle Park, DC 20460; telephone number: (703) Davis Hwy., Arlington, VA. The PIRIB is North Carolina. 308–8071; e-mail address: open from 8:30 a.m. to 4 p.m., Monday [email protected]. through Friday, excluding legal SUPPLEMENTARY INFORMATION: Anyone holidays. The telephone number for the desiring a draft agenda may fax their SUPPLEMENTARY INFORMATION: PIRIB is (703) 305–5805. request to Shirley R. Hamilton at (202) I. General Information 565–2444. The meeting is open to the II. How Can I Request To Participate in public. Any member of the public A. Does this Notice Apply to Me? this Meeting? wishing to make a presentation at the This action is directed to the public This meeting is open to the public. meeting should contact Shirley in general. This action may, however, be Outside statements by observers are Hamilton, Designated Federal Officer, of interest to persons who are concerned welcome. Oral statements will be U.S. Environmental Protection Agency, about implementation of the Food limited to 3 to 5 minutes, and it is Board of Scientific Counselors, Office of Quality Protection Act (FQPA). Passed preferred that only one person per Research and Development (8701R), in 1996, this new law strengthens the organization present the statement. Any 1200 Pennsylvania Avenue, NW.,
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Washington, DC 20460; or by telephone address and the title and EPA number Research and Development, U. S. at (202) 564–6853. In general each of the requested publication. Environmental Protection Agency individual making an oral presentation FOR FURTHER INFORMATION CONTACT: The announces the availability of a final will be limited to a total of three Technical Information Staff, National report, Volatilization Rates From Water minutes. Center for Environmental Assessment to Indoor Air—Phase II (EPA/600/R–00/ 096, October 2000). The purpose of the FOR FURTHER INFORMATION CONTACT: (8623D), U.S. Environmental Protection Shirley R. Hamilton, Designated Federal Agency, 1200 Pennsylvania Avenue, report is to provide a methodology to Officer, U.S. Environmental Protection NW., Washington DC 20460; telephone: assess the volatilization of chemicals Agency, Office of Research and 202–564–3261; facsimile: 202–565– from contaminated water to indoor air. Development, NCER (8701R), 1200 0050; email: [email protected]. The study involved the development of Pennsylvania Avenue, NW., SUPPLEMENTARY INFORMATION: The two-phase dynamic mass models for Washington, DC 20460, (202) 564–6853/ workshop focused on a discussion of estimating chemical emissions from children’s cancer risk assessment and washing machines, dishwashers, Dated: August 7, 2001. related data needs to address issues that showers, and bathtubs. This report Peter W. Preuss, were raised during public review of presents the results of a series of Director, National Center for Environmental EPA’s 1999 Draft Revised Guidelines for experiments conducted to determine Research. Carcinogen Risk Assessment. The issues emissions from four sources of water [FR Doc. 01–20657 Filed 8–15–01; 8:45 am] include: characterizing the ideal data set use in a household (showers, bathtubs, BILLING CODE 6560–50–M to adequately address children’s cancer washing machines, and dishwashers). risk and proposed approaches to using Mass transfer coefficients and chemical stripping efficiencies were determined ENVIRONMENTAL PROTECTION available data in the absence of the ideal using four sources and five tracer AGENCY data set. The background for discussions at the chemicals (acetone, ethyl acetate, [FRL–7032–7] workshop is the reality that chemical- toluene, ethylbenzene, and specific data are often lacking to cyclohexane). The report provides a Summary of the Workshop on specifically address children’s cancer step-by-step methodology for estimating Information Needs to Address risk from environmental chemical emissions from any of these four sources Children’s Cancer Risk exposures. Consequently, the for any chemical. This research was AGENCY: Environmental Protection assessment of children’s risk is conducted under the Research to Agency (EPA). currently addressed by evaluations of Improve Health Risk Assessment ACTION: Notice of availability of a final traditional bioassays in mature animals, program (RIHRA). The goal of the report. comparative biochemistry and RIHRA program was to generate physiology between adult and research results to significantly improve SUMMARY: The Environmental Protection developing animals and humans, and the U.S. Environmental Protection Agency’s (EPA) National Center for public-health-protective default Agency’s ability to improve human Environmental Assessment (NCEA) in positions in the absence of child- health risk assessments. the Office of Research and Development specific data. The workshop focused on ADDRESSES: announces the availability of a final four topic areas: (1) Current and The document will be made report, Summary of the Workshop on proposed approaches to assessing available electronically through the Information Needs to Address children’s cancer risk, (2) enhanced use National Center for Environmental Children’s Cancer Risk (EPA/600/R–00/ of test data related to children’s cancer Assessment’s web site (www.epa.gov/ 105, December 2000). This report risk, (3) future directions for toxicology ncea). A limited number of paper copies summarizes a workshop cosponsored by testing to address children’s cancer risk, will be available on or about August 24, the U.S. Environmental Protection and (4) epidemiological/molecular 2001 from EPA’s National Service Agency (EPA) and the National Institute epidemiology information to address Center for Environmental Publications of Environmental Health Sciences children’s cancer risk. (NSCEP). To obtain copies, please contact NSCEP, P.O. Box 42419, (NIEHS) on March 30 and 31, 2000. Dated: July 20, 2001. Eastern Research Group, an EPA Cincinnati, OH 45242; telephone: 1– Art Payne, contractor, organized and convened the 800–490–9198 or 513–489–8190; workshop on EPA’s and NIEHS’s behalf. Acting Director, National Center for facsimile: 513–489–8695. Please provide Environmental Assessment. The workshop focused on a discussion your name and mailing address and the of children’s cancer risk assessment and [FR Doc. 01–20659 Filed 8–15–01; 8:45 am] title and EPA number of the requested related data needs to address issues that BILLING CODE 6560–50–P publication. were raised during public review of FOR FURTHER INFORMATION CONTACT: EPA’s 1999 Draft Revised Guidelines for ENVIRONMENTAL PROTECTION Jacqueline Moya, National Center for Carcinogen Risk Assessment. AGENCY Environmental Assessment-Washington ADDRESSES: The document will be made Office (8623D), U.S. Environmental available electronically through the [FRL–7034–1] Protection Agency, Washington DC National Center for Environmental 20460; telephone: 202–564–3245; Volatilization Rates From Water to Assessment’s web site (www.epa.gov/ facsimile: 202–565–0076; Indoor Air—Phase II ncea). A limited number of paper copies email:[email protected]. will be available from the EPA’s AGENCY: Environmental Protection Dated: August 7, 2001. National Service Center for Agency (EPA). Arthur F. Payne, Environmental Publications (NSCEP), ACTION: Notice of availability of a final Acting Director, National Center for P.O. Box 42419, Cincinnati, OH 45242; report. telephone: 1–800–490–9198 or 513– Environmental Assessment. 489–8190; facsimile: 513–489–8695. SUMMARY: The National Center for [FR Doc. 01–20662 Filed 8–15–01; 8:45 am] Please provide your name and mailing Environmental Assessment, Office of BILLING CODE 6560–50–P
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ENVIRONMENTAL PROTECTION Dated: July 18, 2001. considered to be ‘‘de minimis’’ AGENCY Gregg A. Cooke, contributors in accordance with section Regional Administrator, Region 6. 122(g) of CERCLA, 42 U.S.C. 9622. [FRL–7034–5] [FR Doc. 01–20660 Filed 8–15–01; 8:45 am] For thirty (30) days following the date BILLING CODE 6560–50–P of publication of this notice, the Agency Notice of Proposed Administrative will receive written comments relating Settlement Pursuant to the to the settlement. The Agency will Comprehensive Environmental ENVIRONMENTAL PROTECTION consider all comments received and Response, Compensation, and Liability AGENCY may withdraw or withhold its consent Act to the proposed settlement if comments [FRL–7033–9] received disclose facts or considerations AGENCY: Environmental Protection Notice of Proposed Administrative which indicate that the settlement is Agency. Settlement Pursuant to the inappropriate, improper, or inadequate. ACTION: Notice; request for public Comprehensive Environmental The Agency’s response to any comments comment. Response, Compensation, and Liability received will be available for public Act inspection at 1445 Ross Avenue, Dallas, SUMMARY: In accordance with Section Texas, 75202–2733. 122(h) of the Comprehensive AGENCY: Environmental Protection DATES: Comments must be submitted on Environmental Response, Agency. or before September 17, 2001. Compensation, and Liability Act, as ACTION: Notice; request for public ADDRESSES: The proposed settlement amended (‘‘CERCLA’’), 42 U.S.C. comment. and additional background information 9622(i), notice is hereby given of a relating to the settlement are available SUMMARY: In accordance with section proposed administrative settlement for public inspection at 1445 Ross concerning the Old Storm Plastics 122(i) of the Comprehensive Environmental Response, Avenue, Dallas, Texas, 75202–2733. A Facility Superfund Site, with Storm copy of the proposed settlement may be Plastics, Inc. Compensation, and Liability Act, as amended (‘‘CERCLA’’), 42 U.S.C. requested from Barbara J. Aldridge The settlement requires the settling (6SF–AC), U.S. Environmental parties to pay a total of $30,000 as 9622(i), notice is hereby given of a proposed administrative settlement Protection Agency, Region 6, 1445 Ross payment of past response costs to the Avenue, Dallas, Texas, 75202–2733 at Hazardous Substances Superfund. The concerning the RSR Corporation Superfund Site, with nineteen parties (214) 665–2712. Comments should settlement includes a covenant not to reference the RSR Corporation sue pursuant to Section 107 of CERCLA, (‘‘Settling Parties’’), the United States Environmental Protection Agency Superfund Site, Dallas, Texas, and EPA 42 U.S.C. 9607. Docket Number 6–05–01, and should be For thirty (30) days following the date (‘‘EPA’’), and the State of Texas (‘‘State’’). addressed to Joseph E. Compton III at of publication of this notice, the Agency the address listed below. will receive written comments relating The Settling Parties are: Andersen’s FOR FURTHER INFORMATION CONTACT: to this notice and will receive written Sales and Salvage, Inc.; Battery Joseph E. Compton III (6RC–S), U.S. comments relating to the settlement. Associates, Incorporated; Ben Shemper Environmental Protection Agency, 1445 The Agency will consider all comments and Sons, Incorporated; D C Power Ross Avenue, Dallas, Texas, 75202–2733 received and may modify or withdraw Supply; Dallas Power and Light at (214) 665–8506. its consent to the settlement if Company; Gardner Iron & Metal comments received disclose facts or Company, Inc.; Livingston Pecan & Dated: August 2, 2001. considerations which indicate that the Metal, Inc.; Mansbach Metal Company; Lynda F. Carroll, settlement is inappropriate, improper, Michelson Steel and Supply; Mid-Ohio Acting Regional Administrator, Region 6. or inadequate. The Agency’s response to Battery; Minemet, Incorporated; Morris [FR Doc. 01–20658 Filed 8–15–01; 8:45 am] any comments received will be available Tick Company, Inc.; Raleigh Junk BILLING CODE 6560–50–P for public inspection at 1445 Ross Company; Remington Arms; Sabel Avenue, Dallas, Texas 75202–2733. Industries, Incorporated; Southern Scrap and Metal Company, Inc.; Sturgis DATES: Comments must be submitted on FEDERAL COMMUNICATIONS or before September 17, 2001. Iron & Metal Co., Inc.; Twin City Iron COMMISSION and Metal Company, Inc.; and United ADDRESSES: The proposed settlement Auto Disposal/United Metal Recyclers. Notice of Public Information and additional background information The settlement requires the Settling relating to the settlement are available Collection(s) Being Reviewed by the Parties to pay a total of $74,866.21 to the Federal Communications Commission for public inspection at 1445 Ross EPA and $9,100.00 to the State in Avenue, Dallas, Texas 75202–2733. A reimbursement of Response Costs. Each August 8, 2001. copy of the proposed settlement may be Respondent’s payment includes an SUMMARY: The Federal Communications obtained from Lydia Behn, 1445 Ross amount for past response costs incurred Commission, as part of its continuing Avenue, Dallas, Texas 75202–2733 or by at or in connection with the Site; effort to reduce paperwork burden calling (214) 665–8419. Comments projected future response costs to be invites the general public and other should reference the Old Storm Plastics incurred at or in connection with the Federal agencies to take this Facility Superfund Site, Garvin County, Site; and a premium to cover the risks opportunity to comment on the Oklahoma, and EPA Docket Number 06– and uncertainties associated with this following information collection(s), as 07–2000, and should be addressed to settlement. required by the Paperwork Reduction Lydia Behn at the address listed above. The settlement includes a covenant Act of 1995, Public Law 104–13. An FOR FURTHER INFORMATION CONTACT: not to sue under section 107 of agency may not conduct or sponsor a Amy McGee, 1445 Ross Avenue, Dallas, CERCLA, 42 U.S.C. 9607. The collection of information unless it Texas 75202–2733 or call (214) 665– settlement is for a minor portion of displays a currently valid control 8063. response costs, and the parties are number. No person shall be subject to
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any penalty for failing to comply with 466, Funding Request and Certification, collection techniques or other forms of a collection of information subject to the is used to ensure health care providers information technology. Paperwork Reduction Act (PRA) that have selected the most cost-effective DATES: Written comments should be does not display a valid control number. method of providing the requested submitted on or before September 17, Comments are requested concerning (a) services. FCC Form 466–A is filed by 2001. If you anticipate that you will be whether the proposed collection of rural health care providers seeking submitting comments, but find it information is necessary for the proper support only for toll charges to access difficult to do so within the period of performance of the functions of the the Internet. FCC Form 467, Connection time allowed by this notice, you should Commission, including whether the Certification, is filed by rural health care advise the contact listed below as soon information shall have practical utility; providers to inform the Administrator as possible. (b) the accuracy of the Commission’s that they have begun to receive, or have ADDRESSES: Direct all comments to Judy burden estimate; (c) ways to enhance stopped receiving, the Boley, Federal Communications the quality, utility, and clarity of the telecommunications services for which Commission, Room 1–C804, 445 12th information collected; and (d) ways to universal service support has been Street, SW, Washington, DC 20554 or minimize the burden of the collection of allocated. FCC Form 468, via the Internet to [email protected]. information on the respondents, Telecommunications Carrier Form, is FOR FURTHER INFORMATION CONTACT: For including the use of automated submitted by rural health care providers additional information or copies of the collection techniques or other forms of to ensure that the telecommunications information collection(s), contact Judy information technology. carrier receives the appropriate amount Boley at 202–418–0214 or via the DATES: Written comments should be of credit for providing Internet at [email protected]. submitted on or before September 17, telecommunications services to eligible SUPPLEMENTARY INFORMATION: 2001. If you anticipate that you will be health care providers. OMB Control No.: 3060–0824. submitting comments, but find it Federal Communications Commission. Title: Service Provider Information difficult to do so within the period of Form. time allowed by this notice, you should Magalie Roman Salas, Form No.: FCC Form 498. advise the contact listed below as soon Secretary. Type of Review: Extension of a as possible. [FR Doc. 01–20602 Filed 8–15–01; 8:45 am] currently approved collection. ADDRESSES: Direct all comments to Judy BILLING CODE 6712–01–P Respondents: Business or other for- Boley, Federal Communications profit. Commission, Room 1–C804, 445 12th Number of Respondents: 10,000. Street, SW., Washington, DC 20554 or FEDERAL COMMUNICATIONS Estimated Time Per Response: 1 hour. Frequency of Response: On occasion via the Internet to [email protected]. COMMISSION reporting requirement, and third party FOR FURTHER INFORMATION CONTACT: For Notice of Public Information disclosure requirement. additional information or copies of the Collection(s) Being Reviewed by the Total Annual Burden: 10,000 hours. information collection(s), contact Judy Federal Communications Commission Total Annual Cost: N/A. Boley at 202–418–0214 or via the Needs and Uses: Pursuant to 47 CFR Internet at [email protected]. August 7, 2001. Sections 54.515 and 54.611, the SUPPLEMENTARY INFORMATION: Administrator must obtain information SUMMARY: The Federal Communications OMB Control No.: 3060–0804. relating to: service provider name and Title: Universal Service—Health Care Commission, as part of its continuing address, telephone number, Federal Providers Universal Service Program. effort to reduce paperwork burden employee identification number, contact Form No.: FCC Forms 465, 466, 466– invites the general public and other names and telephone numbers, and A, 467, and 468. Federal agencies to take this billing and collection information. FCC Type of Review: Extension of opportunity to comment on the Form 498 has been designed to collect currently approved collection. following information collection(s), as this information from carriers and Respondents: Not for profit required by the Paperwork Reduction service providers participating in the institutions; Business or other for-profit. Act of 1995, Public Law 104–13. An universal service program. The Number of Respondents: 5,255. agency may not conduct or sponsor a information will be used in the Estimated Time Per Response: 1.85 collection of information unless it reimbursement of universal service hours (average). displays a currently valid control support payments number. No person shall be subject to Frequency of Response: On occasion OMB Control No.: 3060–0787. reporting requirement. any penalty for failing to comply with Title: Implementation of the Total Annual Burden: 9,755 hours. a collection of information subject to the Subscriber Carrier Selection Changes Total Annual Cost: $0. Paperwork Reduction Act (PRA) that Provisions of the Telecommunications Needs and Uses: The Commission does not display a valid control number. Act of 1966; Policies and Rules adopted rules providing support for all Comments are requested concerning (a) Concerning Unauthorized Changes of telecommunications services, Internet whether the proposed collection of Consumers Long Distance Carriers. access, and internal connections for all information is necessary for the proper Form No.: FCC Form 478. eligible health care providers. Health performance of the functions of the Type of Review: Extension of a care providers who want to participate Commission, including whether the currently approved collection. in the universal service program must information shall have practical utility; Respondents: Individuals or file several forms, including FCC Forms (b) the accuracy of the Commission’s households, business or other for-profit, 465, 466, 466–A, and 468. FCC Form burden estimate; (c) ways to enhance and state, local, or tribal government. 465, Description of Service Requested the quality, utility, and clarity of the Number of Respondents: 28,414. and Certification is filed by rural health information collected; and (d) ways to Estimated Time Per Response: 2–10 care providers to certify their eligibility minimize the burden of the collection of hours. to receive discounted information on the respondents, Frequency of Response: telecommunications services. FCC Form including the use of automated Recordkeeping requirement; third party
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disclosure requirement; on occasion and PERSON TO CONTACT FOR INFORMATION: concerning the General Services semi-annual reporting requirements. Mr. Ron Harris, Press Officer Telephone: Administration Acquisition Regulation Total Annual Burden: 135,126 hours. (202) 694–1220. (GSAR) Packing List Clause. Total Annual Cost: N/A. Mary W. Dove, DATES: Comment Due Date: October 15, Needs and Uses: The goal of section Secretary of the Commission. 2001. 258 is to eliminate the practice of [FR Doc. 01-20716 Filed 8–14–01; 10:36 am] ‘‘slamming’’, which is the unauthorized ADDRESSES: Comments regarding this change of a subscriber’s preferred BILLING CODE 6715–01–M burden estimate or any other aspect of carrier. The rules and requirements this collection of information, including implementing section 258 can be found suggestions for reducing this burden, GENERAL SERVICES in 47 CFR part 64. The purpose of the should be submitted to: Ed Springer, ADMINISTRATION rules is to improve the carrier change GSA Desk Officer, OMB, Room 10236, process for consumers and carriers Office of Communications; Creation of NEOB, Washington, DC 20503, and a alike, while making it more difficult for an Optional Form copy of Stephanie Morris, General unscrupulous carriers to perpetrate Services Administration, Acquisition slams. In addition, each telephone AGENCY: Office of Communications, Policy Division, 1800 F Street, NW., exchange and/or telephone toll provider GSA. Room 4035, Washington, DC 20405. is required to submit a semi-annual ACTION: Notice. report on the number of slamming FOR FURTHER INFORMATION CONTACT: complaints it receives. SUMMARY: The General Services Beverly Cromer, Office of Acquisition Administration (GSA), Office of Federal Communications Commission. Policy (202) 208–6750. Governmentwide Policy has created the Magalie Roman Salas, following Optional Form: OF 92, SUPPLEMENTARY INFORMATION: Secretary. Screener’s Identification. This form is A. Purpose [FR Doc. 01–20603 Filed 8–15–01; 8:45 am] used by Federal agencies for issuance to BILLING CODE 6712–01–P non-Federal personnel. You may request The General Services Administration copies of the new form in two ways: is requesting the Office of Management Telephone: GSA, Forms and Budget (OMB) to review and Management–XR, Attn.: Barbara approve information collection, 3090– FEDERAL ELECTION COMMISSION Williams, (202) 501–0581; or 0246, concerning the GSAR Packing List E-mail: [email protected]. Sunshine Act Notices, Meeting clause. This clause requires a contractor DATES: August 16, 2001. to include a packing list that verifies AGENCY: Federal Election Commission FOR FURTHER INFORMATION CONTACT: Ms. placement of an order and identifies the * * * * * Nancy Wong, 202–501–4364. (This items shipped. In addition to contact is for information on completing information contractors would normally DATE & TIME: Tuesday, August 21, 2001 the form and interpreting its use only.) include on packing lists, the at 10:00 A.M. Dated: August 10, 2001. identification of cardholder name, PLACE: 999 E Street, NW., Washington, Barbara M. Williams, telephone number and the term ‘‘Credit DC. Deputy Standard and Optional Forms Card’’ is required. STATUS: This meeting will be closed to Management Officer, General Services B. Annual Reporting Burden the public. Administration. ITEMS TO BE DISCUSSED: Compliance [FR Doc. 01–20577 Filed 8–15–01; 8:45 am] Respondents: 4,000. matters pursuant to 2 U.S.C. § 437g. BILLING CODE 6820–34–M Annual Responses: 931,219. Audits conducted pursuant to 2 U.S.C. § 437g, § 438(b), and Title 26, Burden Hours: 7,760. GENERAL SERVICES U.S.C. Obtaining Copies of Proposals Matters concerning participation in ADMINISTRATION civil actions or proceedings or [OMB Control No. 3090–0246] Requester may obtain a copy of the arbitration. proposal from the General Services Internal personnel rules and Submission for OMB Review; Administration, Regulatory Secretariat procedures or matters affecting a Comment Request Entitled Packing (MVP), 1800 F Street, NW., Room 4035, particular employee. List Clause Washington, DC 20405, telephone (202) 501–4755. Please cite OMB Control No. * * * * * AGENCY: Office of Acquisition Policy, DATE & TIME: Thursday, August 23, 2001 GSA. 3090–0246, GSAR Packing List Clause. at 10:00 A.M. ACTION: Notice of request for extension Dated: August 9, 2001. PLACE: 999 E Street, NW., Washington, to previously approved OMB Clearances David A. Drabkin, DC. (Ninth Floor) (3090–0246) Deputy Associate Administrator, Office of STATUS: Acquisition Policy, General Services This meeting will be open to the SUMMARY: Under the provisions of the Administration. public. Paperwork Reduction Act of 1995 (44 [FR Doc. 01–20677 Filed 8–15–01; 8:45 am] ITEMS TO BE DISCUSSED: Correction and U.S.C. Chapter 35), the General Services Approval of Minutes. Administration, Office of Acquisition BILLING CODE 6820–61–M Advisory Opinion 2001–11: Policy has submitted to the Office of Democratic Party of Virginia by counsel, Management and Budget (OMB) a Neil Reiff. request to review and approve an Regulations Priorities. extension of a previously approved Administrative Matters. information collection requirement
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DEPARTMENT OF HEALTH AND meeting is to receive updates from ATSDR populations, and how these effects may HUMAN SERVICES and CDC, and to address other issues and be mitigated. topics, as necessary. No human subjects research will be Agency for Toxic Substances and Matters to be Discussed: The agenda supported under this program Disease Registry includes a discussion of the public health assessment, updates from the Public Health announcement. Citizens Advisory Committee on Public Assessment, Public Health Needs B. Eligible Applicants Health Service (PHS) Activities and Assessment, Agenda, and Outreach and Communications Workgroup, and a Assistance will be provided only to Research at Department of Energy continued discussion on Epidemiology for U.S. based non governmental (DOE) Sites: Oak Ridge Reservation committee members. Agenda items are organizations (NGO) or other U.S. non- Health Effects Subcommittee subject to change as priorities dictate. profit organizations that are working in Contact Person for More Information: La the following combined areas in at least In accordance with section 10(a)(2) of Freta Dalton, Designated Federal Official, or the Federal Advisory Committee Act four international settings: refugee Marilyn Palmer, Committee Management health, landmine/war-related injuries, (Pub. L. 92–463), the Agency for Toxic Specialist, Division of Health Assessment mental health and psycho-social trauma Substances and Disease Registry and Consultation, ATSDR, 1600 Clifton Road, (ATSDR) and the Centers for Disease NE, M/S E–54, Atlanta, Georgia 30333, related to conflict. Control and Prevention (CDC) announce telephone 1–888–42–ATSDR(28737), fax 404/ Note: Title 2 of the United States Code, the following meeting. 498–1744. Chapter 26, Section 1611, states that an The Director, Management Analysis and organization described in section 501(c)(4) of Name: Citizens Advisory Committee on Services Office, has been delegated the the Internal Revenue Code of 1986 that PHS Activities and Research at DOE Sites: authority to sign Federal Register notices engages in lobbying activities is not eligible Oak Ridge Reservation Health Effects pertaining to announcements of meetings and to receive Federal funds constituting an Subcommittee (ORRHES). other committee management activities, for award, grant, cooperative agreement, Times and Dates: 12:00 p.m.–7 p.m., both the Centers for Disease Control and contract, loan, or any other form. September 11, 2001. Prevention and the Agency for Toxic 8:30 a.m.–5 p.m., September 12, 2001. Substances and Disease Registry. C. Availability of Funds Place: Oak Ridge Mall, Crown Conference Approximately $436,358 is available Center, Club Room, 333 Main Street, Suite Dated: August 9, 2001. 216, Oak Ridge, TN 37830. Telephone: (865) Carolyn J. Russell, in FY 2001 to fund up to four awards. 482–2008. Director, Management Analysis and Services Awards are expected to range from Status: Open to the public, limited only by Office, Centers for Disease Control and $50,000 to $175,000. Applications that the space available. The meeting room Prevention. request more than $175,000 will be accommodates approximately 150 people. [FR Doc. 01–20624 Filed 8–15–01; 8:45 am] determined to be non-responsive to the Background: A Memorandum of BILLING CODE 4163–18–P announcement and returned to the Understanding (MOU), signed in October applicant without review. 1990 and renewed in September 2000 It is expected that awards will begin between ATSDR and DOE, delineates the on or about September 30, 2001, and responsibilities and procedures for ATSDR’s DEPARTMENT OF HEALTH AND public health activities at DOE sites required HUMAN SERVICES will be made for a 12-month budget under sections 104, 105, 107, and 120 of the period within a project period of up to Comprehensive Environmental Response, Centers for Disease Control and three years. Funding estimates may Compensation, and Liability Act (CERCLA or Prevention change. ‘‘Superfund’’). These activities include health Continuation awards within an consultations and public health assessments [Program Announcement 01185] approved project period will be made at DOE sites listed on, or proposed for, the on the basis of satisfactory progress as Superfund National Priorities List and at Landmine-Related Injuries, Trauma evidenced by required reports and the sites that are the subject of petitions from the Prevention and Capacity Building availability of funds. public; and other health-related activities Program; Notice of Availability of such as epidemiologic studies, health Funds D. Program Requirements surveillance, exposure and disease registries, In conducting activities to achieve the health education, substance-specific applied A. Purpose research, emergency response, and purpose of this program, the recipient preparation of toxicological profiles. In The Centers for Disease Control and will be responsible for the activities addition, under an MOU signed in December Prevention (CDC) announces the under 1. (Recipient Activities), and CDC 1990 with DOE and replaced by an MOU availability of fiscal year (FY) 2001 will be responsible for the activities signed in 2000, the Department of Health and funds for a cooperative agreement listed under 2. (CDC Activities). Human Services (HHS) has been given the program to increase the capacity of 1. Recipient Activities: responsibility and resources for conducting organizations that work in the area of a. Using currently collected data, analytic epidemiologic investigations of residents of communities in the vicinity of landmine-related injuries, including evaluate the impact of war-related DOE facilities, workers at DOE facilities, and psycho-social trauma. This program injuries and psycho-social trauma other persons potentially exposed to addresses the ‘‘Healthy People 2010’’ among war-affected and refugee radiation or to potential hazards from non- focus areas of Injury and Violence populations. nuclear energy production and use. HHS has Prevention and Environmental Health. b. Design and implement violent delegated program responsibility to CDC. The purpose of this program is to injury prevention activities in war- Purpose: This subcommittee is charged develop, implement, and evaluate affected displaced and refugee with providing advice and recommendations diverse activities addressing landmines populations. to the Director, CDC, and the Administrator, and other war-related injuries as well as c. Present and disseminate findings ATSDR, pertaining to CDC’s and ATSDR’s public health activities and research at this psycho-social trauma, in current or from program activities so as to add to DOE site. Activities shall focus on providing former war-affected countries. This the body of knowledge and methods the public with a vehicle to express concerns program will establish an improved related to violent injury and psycho- and provide advice and recommendations to understanding of the burden of war- social trauma in displaced populations CDC and ATSDR. The purpose of this related injury and trauma in refugee affected by conflict.
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d. Collect and analyze existing F. Submission and Deadline ‘‘Where to Obtain Additional landmine impact survey data, including Submit the original and two copies of Information’’ section of this data on mental health, for use in public PHS 5161–1 (OMB Number 0920–0428). announcement. health program development and Forms are available in the application The following additional evaluation in one or more countries. kit and at the following Internet address: requirements are applicable to this e. Develop and disseminate guidelines www.cdc.gov/od/pgo/forminfo.htm program. For a complete description of for the use of routinely collected On or before September 4, 2001, each, see Attachment I of the landmine impact evaluation data in the submit the application to the Grants announcement in the application kit. implementation of public health Management Specialist identified in the AR–9 Paperwork Reduction responses to landmine-affected ‘‘Where to Obtain Additional communities. Information’’ section of this AR–10 Smoke-Free Workplace f. Using routinely collected impact announcement. Requirements survey data, evaluate the AR–11 Healthy People 2010 implementation of CARE/United G. Evaluation Criteria Nations mine awareness guidelines Each application will be evaluated AR–12 Lobbying Restrictions (which are the most frequently used individually against the following AR–14 Accounting System mine awareness guidelines) in one or criteria by an independent review group Requirements more countries and recommend steps appointed by CDC. AR–15 Proof of Non-Profit Status 1. Understanding of the problem (20 for improving CARE/United Nations AR–16 Security Clearance percent) mine awareness program guidelines. Requirement 2. CDC Activities: Extent to which the applicant a. Provide consultation and demonstrates a clear, concise I. Authority and Catalog of Federal assistance, as needed, in planning and understanding of the nature of the Domestic Assistance Number implementing programs activities problem to be addressed. This includes among displaced and refugee a description of the public health This program is authorized under populations. importance of the planned activities to sections 301, 307, and 317 of the Public Health Service Act, [42 U.S.C. section b. Provide science-based collaboration be undertaken, and realistic 241, 242(l) and 247(b)], as amended. and technical assistance, as needed, in presentation of proposed objectives. The Catalog of Federal Domestic injury and psycho-social trauma 2. Technical approach (25 percent) Assistance number is 93.283. prevention and measurement strategies The extent to which the applicant’s proposed activities form a logical in displaced and refugee populations. J. Where To Obtain Additional strategy, including a reasonable activity c. Provide technical assistance, as Information needed, in the preparation and time-line, and measurable management presentation of data regularly collected and data analysis steps. This and other CDC announcements 3. Ability to carry out the project (25 for surveillance and evaluation can be found on the CDC home page percent) purposes. Internet address—http://www.cdc.gov The extent to which the applicant Click on ‘‘Funding’’ then ‘‘Grants and E. Content provides evidence of its ability to carry Cooperative Agreements.’’ out the proposed project. Your application will be evaluated on 4. Personnel (20 percent) To obtain business management the criteria listed, so it is important to The extent to which professional technical assistance, contact: follow them in laying out your program personnel involved in this project are Sharron Orum, Grants Management plan. The narrative should be no more qualified, including evidence of Specialist, Grants Management Branch, than 25 double-spaced pages, printed on experience similar to this project. Procurement and Grants Office, Centers one side, with one inch margins, and 5. Plans for Administration (10 for Disease Control and Prevention, unreduced font. The application must percent) Announcement 01185, 2920 be submitted unstapled and unbound. Adequacy of plans for administering Brandywine Road, Room 3000, Atlanta, In completing the application, the the project. GA 30341–4146, Telephone number: applicant should: 6. Budget (not scored) (770) 488–2716, Email address: 1. Concisely state their understanding The extent to which itemized budget [email protected]. of the objectives and program intent, for conducting the project, along with problems, complexities, and justification, is reasonable and For program technical assistance, interactions required of this cooperative consistent with stated objectives and contact: Marilyn DiSirio, International agreement. planned program activities. Emergency Refugee Health Branch, Division of Emergency and 2. Present a plan and approach for H. Other Requirements carrying out the evaluation and Environmental Health Services, surveillance activities for landmine- Technical Reporting Requirements National Center for Environmental related injuries and psycho-social Health, Centers for Disease Control and Provide CDC with original plus two Prevention, 4770 Buford Highway, NE trauma in war-affected and refugee copies of: populations. (F–48), Atlanta, GA 30341, Telephone Semi-annual progress reports no more number: (770) 488–7021, Email address: 3. Describe their experience in than 30 days after the end of the report [email protected]. conducting similar work. period; annual financial status report, 4. Identify the professional personnel no more than 90 days after the end of Dated: August 10, 2001. to be assigned to this project and their the budget period; and final financial Rebecca O’Kelley, commitment to this effort, and describe status and performance reports, no more Acting Director, Procurement and Grants the support staff services to be provided. than 90 days after the end of the project Office, Centers for Disease Control and 5. Provide first year budget estimates period. Prevention (CDC). for addressing each of the activities Send all reports to the Grants [FR Doc. 01–20623 Filed 8–15–01; 8:45 am] described. Management Specialist identified in the BILLING CODE 4163–18–P
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DEPARTMENT OF HEALTH AND SUMMARY: The Food and Drug Evaluation and Research (HFD–7), Food HUMAN SERVICES Administration (FDA) is withdrawing and Drug Administration, 5600 Fishers approval of 51 new drug applications Lane, Rockville, MD 20857, 301–594– Food and Drug Administration (NDAs) and 25 abbreviated new drug 2041. [Docket No. 01N–0336] applications (ANDAs). The holders of the applications notified the agency in SUPPLEMENTARY INFORMATION: The Schering Corp. et al.; Withdrawal of writing that the drug products were no holders of the applications listed in the Approval of 51 New Drug Applications longer marketed and requested that the table in this document have informed and 25 Abbreviated New Drug approval of the applications be FDA that these drug products are no Applications withdrawn. longer marketed and have requested that FDA withdraw approval of the AGENCY: Food and Drug Administration, DATES: Effective September 17, 2001. applications. The applicants have also, HHS. FOR FURTHER INFORMATION CONTACT: by their requests, waived their ACTION: Notice. Florine P. Purdie, Center for Drug opportunity for a hearing.
Application No. Drug Applicant
NDA 3–158 Oreton Methyl (methyltestosterone) Tablets, 10 milligrams Schering Corp., 2000 Galloping Hill Rd., Kenilworth, NJ (mg) and 25 mg. 07033.
NDA 5–963 Sodium Sulamyd (sulfacetamide sodium) Ophthalmic So- Do. lution and Ointment.
NDA 6–325 Tubocurarine Chloride Injection. Lilly Research Laboratories, Lilly Corporate Center, Indi- anapolis, IN 46285.
NDA 6–632 Metubine Iodide (metocurine iodide) Injection. Do.
NDA 6–772 Vasoxyl (methoxamine hydrochloride (HCl)) Injection. GlaxoSmithKline (GSK), P.O. Box 13398, Five Moore Dr., Research Triangle Park, NC 27709.
NDA 6–925 Nisentil (alphaprodine HCl) Injection. Hoffman-LaRoche, Inc., 340 Kingsland St., Nutley, NJ 07110–1199.
NDA 7–600 Surital (thiamylal sodium). Parkdale Pharmaceuticals, 2800 Plymouth Rd., Ann Arbor, MI 48105.
NDA 8–200 Sodium Iodide I-131 Capsules, Solution, and Injection. Syncor International Corp., 6464 Canoga Ave., Woodland Hills, CA 91367.
NDA 8–592 Ravocaine HCl (propoxycaine HCl and procaine HCl, with Eastman Kodak Co., Health Imaging, 343 State St., nordefrin or norepinephrine bitartrate). Rochester, NY 14612–1122.
NDA 9–127 Cortril (hydrocortisone) Tablets. Pfizer, Inc., 235 East 42d St., New York, NY 10017.
NDA 9–130 Cortril (hydrocortisone acetate) Ophthalmic Ointment. Do.
NDA 9–238 Progesterone Injection. Eli Lilly and Co., Lilly Corporate Center, Indianapolis, IN 46285.
NDA 9–458 Cortisone Acetate Tablets, 25 mg. Impax Laboratories, Inc., 30831 Huntwood Ave., Hay- ward, CA 94544.
NDA 9–996 Sterane (prednisolone) Tablets. Pfizer, Inc.
NDA 10–423 Lorfan (levallorphan tartrate) Injection. Hoffman-LaRoche, Inc.
NDA 10–554 Magnacort (hydrocortamate HCl) Topical Ointment. Pfizer Pharmaceuticals, 235 East 42d St., New York, NY 10017.
NDA 11–539 Ultra-Feminine (Topical Liquid). Coscelebre, Inc., 415 Madison Ave., New York, NY 10017.
NDA 11–557 Trilafon (perphenazine) Concentrate, 16 mg/5 mL (milli- Schering Corp. liters).
NDA 11–679 Pentothal Sodium (thiopental sodium) Suspension. Abbott Laboratories, D–389, Bldg. AP30, 200 Abbott Park Rd., Abbott Park, IL 60064–6157.
NDA 12–148 Oreticyl Tablets and Oreticyle Forte (hydrochlorothiazide Do. and deserpidine) Tablets.
NDA 12–715 Gantanol (sulfamethoxazole) Tablets. Hoffman-LaRoche, Inc.
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Application No. Drug Applicant
NDA 13–056 Penthrane (methoxyflurane) Inhalation Liquid. Abbott Laboratories.
NDA 13–934 Stoxil (idoxuridine) Ophthalmic Solution, 0.1%. SmithKline Beecham Pharmaceuticals, One Franklin Plaza, P.O. Box 7929, Philadelphia, PA 19101.
NDA 14–083 Apodol (anileridine HCl) Tablets. Bristol-Myers Squibb, P.O. Box 4000, Princeton, NJ 08543–4000.
NDA 14–087 Apodol (anileridine) Injection. Do.
NDA 15–868 Stoxil (idoxuridine) Ophthalmic Ointment, 0.5%. SmithKline Beecham Pharmaceuticals.
NDA 17–255 DTPA (chelate) Multidose (kit for the preparation of Tc- Nycomed Amersham Imaging, 101 Carnegie Center, 99m pentetate injection). Princeton, NJ 08540.
NDA 17–256 Xenon Xe-133. Do.
NDA 17–257 Selenomethionine Se-75 Injection. Do.
NDA 17–266 Technetium Tc-99m Sulfur Colloid Injection. Do.
NDA 17–267 Sodium Pertechnetate Tc-99m Injection. Do.
NDA 17–383 Methosarb (calusterone) Tablets. The Upjohn Co., 7000 Portage Rd., Kalamazoo, MI 49001.
NDA 17–456 Technetium Tc–99m Sulfur Colloid. Do.
NDA 17–483 Methadone HCl Bulk (methadone HCl). Penick Corp., 158 Mount Olivet Ave., Newark, NJ 07114.
NDA 17–562 Technetium Tc-99m Diphosphonate Injection (Tin Kit). Nycomed Amersham Imaging.
NDA 17–664 Sodium Polyphosphate Injection (Tin Kit). Do.
NDA 17–667 Stannous Diphosphonate Injection. Do.
NDA 18–228 Hypnomidate (etomidate) Injection. Janssen Research Foundation, 1125 Trenton-Harbourton Rd., P.O. Box 200, Titusville, NJ 08560.
NDA 18–289 Iodohippurate Sodium I-123. Nycomed Amersham Imaging.
NDA 18–871 Protostat (metronidazole) Tablets. R. W. Johnson Pharmaceutical Research Institute, Route 202 South, P.O. Box 300, Raritan, NJ 08869–0602.
NDA 19–450 Velosulin BR Human (semisynthetic purified human insu- Novo Nordisk Pharmaceuticals, Inc., 100 College Rd. lin) Injection. West, Princeton, NJ 08540.
NDA 20–420 GenESA (arbutamine HCl) Injection. Gensia Automedics, Inc., 9360 Towne Centre Dr., San Diego, CA 92121.
NDA 20–689 Posicor (miobefradil dihydrochloride) Oral Tablets, 50 mg Hoffmann-LaRoche, Inc. and 100 mg.
ANDA 40–059 Fluocinolone Acetonide Topical Solution USP, 0.01%. Bausch & Lomb Pharmaceuticals, Inc., 8500 Hidden River Pkwy., Tampa, FL 33637.
NDA 50–311 Rondomycin (methacycline HCl) Capsules. Pfizer, Inc.
NDA 50–448 Grifulvin (griseofulvin) Oral Suspension. Johnson & Johnson Consumer Products Co., 199 Grand- view Rd., Skillman, NJ 8558–9418.
NDA 50–637 Zefazone (cefmetazole sodium) Sterile Powder. Pharmacia & Upjohn Co., 7000 Portage Rd., Kalamazoo, MI 49001.
NDA 50–683 Zefazone (cefmetazole sodium) Intraveous Solution. Do.
ANDA 60–760 Oxytetracycline HCl Capsules, 250 mg. Impax Laboratories, Inc.
ANDA 62–223 Totacillin (Ampicillin Trihydrate for Oral Suspension USP). SmithKline Beecham Pharmaceuticals.
ANDA 62–736 Bactocill (oxacillin sodium) Injection. GlaxoSmithKline (GSK).
ANDA 64–055 Neomycin Sulfate and Dexamethosone Sodium Phos- Bausch & Lomb Pharmaceuticals, Inc. phate Ophthalmic Solution
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Application No. Drug Applicant
ANDA 74–813 Etoposide Injection 20 mg/mL. Pierre Fabre Medicament, c/o Guidelines Integrated Serv- ice, 10320 USA Today Way, Miramar, FL 33062.
ANDA 80–079 Trisulfapyrimidines Tablets USP. Impax Laboratories, Inc.
ANDA 80–151 Thyroglobulin Tablets USP. Do.
ANDA 80–153 Isoniazid Tablets USP. Do.
ANDA 80–281 Oreton Methyl Buccal Tablets (Methyltestosterone Tablets Schering Corp. USP).
ANDA 80–780 Prednisolone Tablets USP, 5 mg. Impax Laboratories, Inc.
ANDA 80–807 Diphenhydramine HCl Capsules USP, 25 mg and 50 mg. Do.
ANDA 80–951 Ergocalciferol Capsules USP. Do.
ANDA 80–952 Vitamin A Capsules USP. Do.
ANDA 80–953 Vitamin A Capsules USP. Do.
ANDA 80–955 Vitamin A Capsules USP. Do.
ANDA 83–011 Hydrocortisone Cream USP, 1%. Solvay Pharmaceuticals, Inc., 901 Sawyer Rd., Marietta, GA 30062.
ANDA 83–347 Quinidine Sulfate Tablets USP, 200 mg. Impax Laboratories, Inc.
ANDA 84–214 Promethazine HCl Tablets USP, 25 mg. Do.
ANDA 84–340 Triamcinolone Tablets USP, 4 mg. Do.
ANDA 84–575 Aminophylline Tablets USP, 200 mg. Do.
ANDA 84–577 Aminophylline Tablets USP, 100 mg. Do.
ANDA 85–098 Hydrocholorothiazide Tablets USP, 100 mg. Do.
ANDA 85–563 Glycopyrrolate Tablets, 2 mg. Circa, 130 Lincoln St., Copiague, NY 11726.
ANDA 86–639 Levsin PB (hyoscyamine sulfate and phenobarbital) Oral Schwarz Pharma, Inc., P.O. Box 2038, Milwaukee, WI Solution. 53201.
Therefore, under section 505(e) of the DEPARTMENT OF HEALTH AND Name of Committee: National Center for Federal Food, Drug, and Cosmetic Act HUMAN SERVICES Research Resources Special Emphasis Panel, (21 U.S.C. 355(e)) and under authority Biomedical Research Technology. delegated to the Director, Center for National Institutes of Health Date: October 22–23, 2001. Drug Evaluation and Research (21 CFR Time: October 22, 2001, 8:00 am to 5.82), approval of the applications listed National Center for Research adjournment. in the table in this document, and all Resources; Notice of Closed Meeting Agenda: To review and evaluate grant applications. amendments and supplements thereto, Pursuant to section 10(d) of the Place: Gaithersburg Marriott, is hereby withdrawn, effective Federal Advisory Committee Act, as Washingtonian Center, 9751 Washingtonian September 17, 2001. amended (5 U.S.C. Appendix 2), notice Boulevard, Gaithersburg, MD 20878. Dated: August 1, 2001. is hereby given of the following Contact Person: Mohan Viswanathan, Phd, Janet Woodcock, meeting. Scientific Review Administrator, National Center for Research Resources, National Director, Center for Drug Evaluation and The meeting will be closed to the Institutes of Health, Office of Review, 6705 Research. public in accordance with the Rockledge Drive, MSC 7965, One Rockledge [FR Doc. 01–20605 Filed 8–15–01; 8:45 am] provisions set forth in sections Centre, Room 6018, Bethesda, MD 20892, BILLING CODE 4160–01–S 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., (301) 435–0829, [email protected] as amended. The grant applications and the discussions could disclose (Catalogue of Federal Domestic Assistance confidential trade secrets or commercial Program Nos. 93.306, Comparative Medicine, property such as patentable material, 93.306; 93.333, Clinical Research, 93.333; and personal information concerning 93.371, Biomedical Technology; 93.389, individuals associated with the grant Research Infrastructure, National Institutes of applications, the disclosure of which Health, HHS) would constitute a clearly unwarranted invasion of personal privacy.
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Dated: August 10, 2001. Place: 6001 Executive Blvd., Bethesda, MD Place: Bethesda Marriott Hotel, 5151 Pooks LaVerne Y. Stringfield, 20892, (Telephone Conference Call). Hill Road, Bethesda, MD 20814. Contact Person: Alan L. Willard, PhD, Open: September 20, 2001, 8:30 AM to 4:00 Director, Office of Federal Advisory Scientific Review Administrator, Scientific PM. Committee Policy. Review Branch, NINDS/NIH/DHHS, Agenda: Program documents. [FR Doc. 01–20596 Filed 8–15–01; 8:45 am] Neuroscience Center, 6001 Executive Blvd, Place: 45 Center Drive, Natcher Building, BILLING CODE 4140–01–M Suite 3208, MSC 9529, Bethesda, MD 20892– Conference Room E1/2, Bethesda, MD 20892. 9529, 301–496–9223. Contact Person: Ida Faustino Nestorio, This notice is being published less than 15 Committee Management Officer, NIAAA, DEPARTMENT OF HEALTH AND days prior to the meeting due to the timing National Institutes of Health, National HUMAN SERVICES limitations imposed by the review and Institute on Alcohol Abuse, and Alcoholism, funding cycle. Willco, Building, Suite 409, MSC 7003, 6000 National Institutes of Health Executive Boulevard, Bethesda, MD 20892– (Catalogue of Federal Domestic Assistance 7003, 301–443–4376, Program Nos. 93.853, Clinical Research National Heart, Lung, and Blood [email protected] Related to Neurological Disorders; 93.854, Information is also available on the Institute; Amended Notice of Meeting Biological Basis Research in the Institute’s/Center’s home page: silk.nih.gov/ Neurosciences, National Institutes of Health, silk/niaaa1/about/roster.htm, where an Notice is hereby given of a change in HHS) agenda and any additional information for the meeting of the National Heart, Lung, Dated: August 10, 2001. the meeting will be posted when available. and Blood Institute Special Emphasis LaVerne Y. Stringfield, (Catalogue of Federal Domestic Assistance Panel, June 28, 2001, 10:00 AM to June Director, Office of Federal Advisory Program Nos. 93.271, Alcohol Research 28, 2001, 11:00 AM, 6701 Rockledge Committee Policy. Career Development Awards for Scientists Drive, Room 7214, Bethesda, MD, 20892 [FR Doc. 01–20595 Filed 8–15–01; 8:45 am] and Clinicians; 93.272, Alcohol National which was published in the Federal Research Service Awards for Research BILLING CODE 4140–01–M Register on June 13, 2001, FR 66 32365. Training; 93.273, Alcohol Research Programs; The meeting will be held on August 93.891, Alcohol Research Center Grants, National Institutes of Health, HHS) 17, 2001 instead of June 28, 2001. The DEPARTMENT OF HEALTH AND meeting is closed to the public. HUMAN SERVICES Dated: August 10, 2001. LaVerne Y. Stringfield, Dated: August 9, 2001. National Institutes of Health Director, Office of Federal Advisory LaVerne Y. Stringfield, Committee Policy. Director, Office of Federal Advisory National Institute on Alcohol Abuse [FR Doc. 01–20597 Filed 8–15–01; 8:45 am] Committee Policy. and Alcoholism; Notice of Meeting BILLING CODE 4140–01–M [FR Doc. 01–20594 Filed 8–15–01; 8:45 am] BILLING CODE 4140–01–M Pursuant to section 10(d) of the Federal Advisory Committee Act, as DEPARTMENT OF HEALTH AND amended (5 U.S.C. Appendix 2), notice HUMAN SERVICES DEPARTMENT OF HEALTH AND is hereby given of a meeting of the HUMAN SERVICES National Advisory Council on Alcohol National Institutes of Health Abuse and Alcoholism. National Institutes of Health The meeting will be open to the National Institute of Arthritis and public as indicated below, with Musculoskeletal and Skin Diseases; National Institute of Neurological attendance limited to space available. Notice of Closed Meeting Disorders and Stroke; Notice of Closed Individuals who plan to attend and Meeting need special assistance, such as sign Pursuant to section 10(d) of the Federal Advisory Committee Act, as language interpretation or other amended (5 U.S.C. Appendix 2), notice Pursuant to section 10(d) of the reasonable accommodations, should is hereby given of the following Federal Advisory Committee Act, as notify the Contact Person listed below amended (5 U.S.C. Appendix 2), notice meeting. in advance of the meeting. The meeting will be closed to the is hereby given of the following The meeting will be closed to the public in accordance with the meeting. public in accordance with the provisions set forth in sections The meeting will be closed to the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., public in accordance with the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The contract proposals and provisions set forth in sections as amended. The grant applications the discussions could disclose 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., and/or contract proposals and the as amended. The grant applications and confidential trade secrets or commercial discussions could disclose confidential property such as patentable material, the discussions could disclose trade secrets or commercial property and personal information concerning confidential trade secrets or commercial such as patentable material, and individuals associated with the contract property such as patentable material, personal information concerning proposals, the disclosure of which and personal information concerning individuals associated with the grant would constitute a clearly unwarranted individuals associated with the grant applications and/or contract proposals, invasion of personal privacy. applications, the disclosure of which the disclosure of which would would constitute a clearly unwarranted constitute a clearly unwarranted Name of Committee: National Institute of invasion of personal privacy. invasion of personal privacy. Arthritis and Musculoskeletal and Skin Diseases Special Emphasis Panel. Name of Committee: National Institute of Name of Committee: National Advisory Date: August 14, 2001. Neurological Disorders and Stroke Special Council on Alcohol Abuse and Alcoholism. Time: 1:00 PM to 3:00 PM. Emphasis Panel. Date: September 19–20, 2001. Agenda: To review and evaluate contract Date: August 20, 2001. Closed: September 19, 2001, 7:00 PM to proposals. Time: 3:30 pm to 5:30 pm. 9:00 PM. Place: 45 Natcher Bldg., Rm 5As.25u, Agenda: To review and evaluate grant Agenda: To review and evaluate grant Bethesda, MD 20892, (Telephone Conference applications. applications and/or proposals. Call).
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Contact Person: Tracy A. Shahan, PhD, Place: NIH, Rockledge 2, Bethesda, MD on the potential toxicity of these Scientific Review Administrator, National 20892, (Telephone Conference Call). products has created a considerable Institute of Arthritis and Musculoskeletal and Contact Person: Jeanne N. Ketley, PhD., backlash against the producers and Skin Diseases, Natcher Building, MSC 6500, Scientific Review Administrator, Center for users of these crops. This workshop will 45 Center Drive, 5AS–25H, Bethesda, MD Scientific Review, National Institutes of 20892, (301) 594–4952. Health, 6701 Rockledge Drive, Room 4130, gather experts in food allergy, GM crops, This notice is being published less than 15 MSC 7814, Bethesda, MD 20892, (301) 435– and the regulatory aspects of these days prior to the meeting due to the timing 1789. products, along with bench scientists limitations imposed by the review and This notice is being published less than 15 and clinicians, to examine the current funding cycle. days prior to the meeting due to the timing state of knowledge in the area, identify limitations imposed by the review and the critical issues regarding these (Catalogue of Federal Domestic Assistance funding cycle. Program Nos. 93.846, Arthritis, materials, and develop testing strategies Musculoskeletal and Skin Diseases Research, Name of Committee: Center for Scientific to examine the allergenicity of these National Institutes of Health, HHS) Review Special Emphasis Panel. compounds. Date: August 16, 2001. Sponsors for the workshop include Dated: August 9, 2001. Time: 2:30 pm to 4:00 pm. LaVerne Y. Stringfield, the Office of Research and Agenda: To review and evaluate grant Development, U.S. Environmental Director, Office of Federal Advisory applications. Committee Policy. Place: NIH, Rockledge 2, Bethesda, MD Protection Agency; National Toxicology Program, Department of Health and [FR Doc. 01–20598 Filed 8–15–01; 8:45 am] 20892, (Telephone Conference Call). Human Services; National Institute of BILLING CODE 4140–01–M Contact Person: Prabha L. Atreya, PhD., Scientific Review Administrator, Center for Environmental Health Sciences, Scientific Review, National Institutes of National Institutes of Health; Office of DEPARTMENT OF HEALTH AND Health, 6701 Rockledge Drive, Room 5152, Rare Diseases, National Institutes of MSC 7842, Bethesda, MD 20892, (301) 435– HUMAN SERVICES Health; Center for Food Safety and 8367. Nutrition, U.S. Food and Drug This notice is being published less than 15 Administration. The workshop is National Institutes of Health days prior to the meeting due to the timing limitations imposed by the review and organized by the National Institute of Center for Scientific Review; Notice of funding cycle. Environmental Health Sciences and the Closed Meetings National Toxicology Program, Research (Catalogue of Federal Domestic Assistance Triangle Park, North Carolina. Pursuant to section 10(d) of the Program Nos. 93.306, Comparative Medicine, Federal Advisory Committee Act, as 93.306; 93.333, Clinical Research, 93.333, Preliminary Meeting Agenda amended (5 U.S.C. Appendix 2), notice 93.337, 93.393–93.396, 93.837–93.844, is hereby given of the following 93.846–93.878, 93.892, 93.893, National Monday, September 24, 2001 meetings. Institutes of Health, HHS) 8:30 a.m. The meetings will be closed to the Dated: August 9, 2001. Meeting Begins/Welcome public in accordance with the LaVerne Y. Stringfield, Introduction: What are the issues?— provisions set forth in sections Director, Office of Federal Advisory Dr. Dean Metcalfe 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Committee Policy. National Center for Food Safety and as amended. The grant applications and [FR Doc. 01–20593 Filed 8–15–01; 8:45 am] Technology Conference Conclusion, the discussions could disclose BILLING CODE 4140–01–M November 2000—Dr. Steven Gendel confidential trade secrets or commercial Session I: Clinical Aspects and Clinical property such as patentable material, Investigation of Food Allergy and personal information concerning DEPARTMENT OF HEALTH AND individuals associated with the grant HUMAN SERVICES Clinical Spectrum of Food Allergy— applications, the disclosure of which Dr. Hugh Sampson Clinical Assessment of Food Allergy would constitute a clearly unwarranted Public Health Service to Novel Proteins—Dr. Sam Lehrer invasion of personal privacy. National Toxicology Program; Contribution of Inhalation Name of Committee: Center for Scientific Workshop Allergenicity—Occupational/Rural Review Special Emphasis Panel. Exposures—Dr. Leonard Bernstein Date: August 13, 2001. SUMMARY: National Toxicology Program The Role of Eosinophils in Food Time: 11:30 am to 12:30 pm. (NTP); National Institute of Agenda: To review and evaluate grant Allergy—Dr. Marc Rothenberg Environmental Health Sciences 12:00 p.m. applications. (NIEHS); Announces a Workshop on the Place: NIH, Rockledge 2, Bethesda, MD Lunch 20892, (Telephone Conference Call). ‘‘Assessment of the Allergenic Potential Post-Marketing Surveillance—Dr. Contact Person: Jeanne N. Ketley, PhD., of Genetically Modified Foods,’’ Carol Rubin Scientific Review Administrator, Center for September 24–26, 2001, Durham Scientific Review, National Institutes of Marriott at the Civic Center, 201 Foster Session II: Toxicological Evaluation of Health, 6701 Rockledge Drive, Room 4130, Street, Durham, NC. Novel Proteins MSC 7814, Bethesda, MD 20892, (301) 435– Assessment of Protein Structure, Background 1789. Sequence Homology and Stability— This notice is being published less than 15 There is growing concern among the Dr. Tong-Jen Fu, Dr. Gary Bannon days prior to the meeting due to the timing general public and the scientific limitations imposed by the review and community regarding the potential Session III: Regulatory Considerations funding cycle. toxicity of genetically modified (GM) Panel Discussion: This session will Name of Committee: Center for Scientific foods. Of specific interest is the ability consist of short presentations from Review Special Emphasis Panel. Date: August 16, 2001. of GM proteins to elicit potentially regulatory and industry scientists Time: 1:00 pm to 2:00 pm. harmful immunologic responses followed by a panel discussion. Agenda: To review and evaluate grant including hypersensitivity and/or Panelists will consider what studies applications. autoimmunity. The lack of information (data) are most useful in assessing the
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safety of exposure to potentially 5:00 p.m. years from location and entry under the allergenic substances and what are the Adjourn United States mining laws. The land biggest uncertainties. will remain open to all other uses which Wednesday September 26, 2001 Speaker/Panelist—Dr. Laura may by law be made of National Forest Tarantino (FDA), Dr. John Kough Session VII—Breakout Group System land. (EPA), Dr. James Astwood Presentations DATES: Comments should be received on (Monsanto), Dr. Katherine Sarlo 8:30 a.m. or before November 14, 2001. (Proctor and Gamble), Dr. Val Meeting Begins/Presentations ADDRESSES: Comments should be sent to Giddings (Biosys) Meeting Summary and Discussion the Forest Supervisor, Kaibab National Consensus Building and Agreement Session IV: Risk Communication Forest, 800 South 6th Street, Williams, on the Way Forward Arizona 86046. Biotechnology and How The Public 12:30 p.m. FOR FURTHER INFORMATION CONTACT: Perceives It—Dr. Thomas Hoban, Adjourn Dwan Utley, Kaibab National Forest, Dr. Rebecca Goldburg 5:00 p.m. Open to the Public/Registration 928–635–8275. Open Discussion Information SUPPLEMENTARY INFORMATION: The Forest The public is invited to attend the Service proposes to withdraw the Tuesday, September 25, 2001 workshop as observers. The number of following described National Forest Session V: Toxicologic Methods of observers will be limited only by the System land from location and entry Safety Assessment space available. An open discussion under the United States mining laws, subject to valid existing rights: 8:30 a.m. session is scheduled each day to Meeting Begins/Overview provide an opportunity for observers to Kaibab National Forest Oral and Intraperitoneal Exposure of contribute to the scientific discussion. Gila and Salt River Meridian Brown Norway Rats—Dr. Andre Due to space limitations, advance T. 37 N., R. 3 W., (unsurveyed) and T. 38 Penninks registration is requested by August 31, N., R. 3 W., HES No. 581 Oral and Systemic Exposure of BALB/ 2001. For registration information, contact Ms. Angie Sanders, NTP Office The area described contains 158.06 c Mice—Dr. Ian Kimber acres in Coconino and Mohave Assessment of Allergenicity in Dogs— of Liaison and Scientific Review, 111 T.W. Alexander Drive, NIEHS, MD A3– Counties. Dr. Robert Buchanan For a period of 90 days from the date Assessment of Allergencity Using 02, Research Triangle Park, NC 27709: [email protected]; 919–541–0530 of publication of this notice, all persons Swine Models—Dr. Ricki Helm who wish to submit comments, Serum Screening & Challenges for (telephone); 919–541–0295 (fax). For additional information or to view the suggestions, or objections in connection Allergenicity Safety Assessment— with the proposed withdrawal may Dr. Susan Hefle registration package, please access the meeting web page located on the NTP present their views in writing to the 12: 00 p.m. Forest Supervisor of the Kaibab National Lunch web site: http://ntp- server.niehs.nih.gov/htdocs/Liason/ Forest. Charge to Breakout Groups: Notice is hereby given that an The afternoon of the 25th will be GMFoodPg.html. For scientific information, contact Dr. Dori Germolec: opportunity for a public meeting is devoted to breakout sessions. Breakout afforded in connection with the group reports will be presented the [email protected]; 919–541–3230 (telephone); 919–541–0870 (fax). proposed withdrawal. All interested morning of the 26th. Meeting persons who desire a public meeting for participants will divide into breakout Dated: August 6, 2001. the purpose of being heard on the groups that will address questions and Samuel H. Wilson, proposed withdrawal must submit a evaluate research needs as listed below. Deputy Director, National Institute of written request, by the date specified It is anticipated that each breakout Environmental Health Sciences. above, to the Forest Supervisor, Kaibab group will consist of 8–10 individuals [FR Doc. 01–20599 Filed 8–15–01; 8:45 am] National Forest. Upon determination by with varied expertise. On the final day BILLING CODE 4140–01–P the authorized officer that a public of the meeting, each breakout group will meeting will be held, a notice of time report on their discussions of the state and place will be published in the of the science, the research gaps in the DEPARTMENT OF THE INTERIOR Federal Register at least 30 days before specific area, and approaches to address the scheduled date of the meeting. these gaps. Bureau of Land Management The application will be processed in What are the research needs in the [AZA 31816] accordance with the regulations set areas of: forth in 43 CFR 2300. 1. Use of Human Clinical Data for Notice of Proposed Withdrawal; For a period of 2 years from the date Risk Assessment Arizona of publication of this notice in the 2. Animal Models to Assess Food Federal Register, the land will be allergy AGENCY: Bureau of Land Management, segregated as specified above unless the 3. Biomarkers of Exposure and Effect Interior. application is denied or canceled or the 4. Sensitive Populations ACTION: Notice. withdrawal is approved prior to that 5. Models of Dose Response date. 6. Post-market Surveillance SUMMARY: The United States Forest Service proposes to withdraw 158.06 Dated: August 1, 2001. Session VI—Breakout Group Meetings acres of National Forest System land to John R. Christensen, Address Questions, Research Needs protect the unique prehistoric, Acting Deputy State Director, Resources and Areas of Particular Focus recreational, historical, and interpretive Division. Observer Question and Discussion integrity of the Snake Gulch area. This [FR Doc. 01–20601 Filed 8–15–01; 8:45 am] Session (Within Breakout Groups) notice segregates the land for up to 2 BILLING CODE 3410–11–P
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DEPARTMENT OF THE INTERIOR development, and production of OCS Act (5 U.S.C. 552) and its implementing leases. regulations (43 CFR 2). Minerals Management Service Beginning in 1991, MMS has Frequency: The frequency is annual promoted, on a voluntary basis, the during the 1st quarter of the year. Agency Information Collection implementation of a comprehensive Estimated Number and Description of Activities: Proposed Collection; Safety and Environmental Management Respondents: Approximately 130 Comment Request Program (SEMP) for the offshore oil and Federal OCS oil and gas or sulphur gas industry as a complement to current lessees. AGENCY: Minerals Management Service Estimated Annual Reporting and (MMS), Interior. regulatory efforts to protect people and the environment during OCS oil and gas Recordkeeping ‘‘Hour’’ Burden: The ACTION: Notice of extension of a exploration and production activities. currently approved ‘‘hour’’ burden for currently approved information From the beginning, MMS, the industry form MMS–131 is 960 hours. We collection (OMB control number 1010– as a whole, and individual companies estimate the public reporting burden 0112). realized that at some point they would averages 12 hours per response. This includes the time for reviewing SUMMARY: To comply with the want to know the effect of SEMP on safety and environmental management instructions, gathering and maintaining Paperwork Reduction Act of 1995 data, and completing and reviewing the (PRA), we are inviting comments on a of the OCS. The natural consequence of this interest was the establishment of information. collection of information that we will Estimated Annual Reporting and performance measures. We will be submit to the Office of Management and Recordkeeping ‘‘Non-Hour Cost’’ requesting OMB approval for a routine Budget (OMB) for review and approval Burden: We have identified no ‘‘non- renewal of the performance measures of its routine renewal. The information hour cost’’ burden associated with form collection request (ICR) concerns the data form MMS–131 without changes. MMS–131. Performance Measures Data Form The responses to this collection of Public Disclosure Statement: The PRA MMS–131. information are voluntary, although we (44 U.S.C. 3501, et seq.) provides that an consider the information to be critical DATES: Submit written comments by agency may not conduct or sponsor a October 15, 2001. for assessing the effects of the OCS collection of information unless it Safety and Environmental Management displays a currently valid OMB control ADDRESSES: Mail or hand-carry Program. We can better focus our comments to the Department of the number. Until OMB approves a regulatory and research programs on collection of information, you are not Interior; Minerals Management Service; areas where the performance measures Attention: Rules Processing Team; Mail obligated to respond. indicate that operators are having Comments: Upon request we will Stop 4024; 381 Elden Street; Herndon, difficulty meeting MMS expectations. provide a copy of the form MMS–131 to Virginia 20170–4817. If you wish to e- We are more effective in leveraging you without charge. Before submitting mail comments, the e-mail address is: resources by redirecting research efforts, an ICR to OMB for approval, PRA [email protected]. Reference promoting appropriate regulatory section 3506(c)(2)(A) requires each ‘‘Information Collection 1010–0112’’ in initiatives, and shifting inspection agency ‘‘. . . to provide notice . . . and your e-mail subject line. Include your program emphasis. The performance otherwise consult with members of the name and return address in your e-mail measures also give us valuable public and affected agencies concerning message and mark your message for quantitative information to use in each proposed collection of information return receipt. judging the reasonableness of company . . .’’. Agencies must specifically solicit FOR FURTHER INFORMATION CONTACT: requests for alternative compliance or comments to: (a) Evaluate whether the Alexis London, Rules Processing Team, departures under 30 CFR 250.141 and proposed collection of information is telephone (703) 787–1600. 250.142. We also use the information necessary for the agency to perform its SUPPLEMENTARY INFORMATION: collected to work with industry duties, including whether the Title: Performance Measures Data representatives to identify and request information is useful; (b) evaluate the Form, Form MMS–131. ‘‘pacesetter’’ companies to make accuracy of the agency’s estimate of the OMB Control Number: 1010–0112. presentations at periodic workshops. burden of the proposed collection of Abstract: The Outer Continental Shelf Knowing how the offshore operators information; (c) enhance the quality, (OCS) Lands Act (43 U.S.C. 1331 et as a group are doing and where their usefulness, and clarity of the seq.), as amended, requires the Secretary own company ranks provides company information to be collected; and (d) of the Interior to preserve, protect, and management with information to focus minimize the burden on the develop OCS oil, gas, and sulphur their continuous improvement efforts. respondents, including the use of resources; make such resources This leads to more cost-effective automated collection techniques or available to meet the Nation’s energy prevention actions and, therefore, better other forms of information technology. needs as rapidly as possible; balance cost containment. This information also We will summarize written responses to orderly energy resources development provides offshore operators and this notice and address them in our with protection of the human, marine, organizations with a credible data submission for OMB approval, and coastal environments; ensure the source to demonstrate to those outside including any appropriate adjustments public a fair and equitable return on the the industry how well the industry and to the estimated burden. resources offshore; and preserve and individual companies are doing. Agencies must estimate both the maintain free enterprise competition. No questions of a ‘‘sensitive’’ nature ‘‘hour’’ and ‘‘non-hour cost’’ burdens to These responsibilities are among those are asked and the collection of respondents or recordkeepers resulting delegated to the MMS. MMS generally information involves no proprietary from the collection of information. We issues regulations to ensure that information. We intend to release data have not identified any non-hour cost operations in the OCS will meet collected on form MMS–131 only in a burdens for the information collection statutory requirements; provide for summary format that is not company- aspects of form MMS–131. Therefore, if safety and protect the environment; and specific. We will protect the information you have costs to generate, maintain, result in diligent exploration, according to the Freedom of Information and disclose this information, you
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should comment and provide your total ACTION: Notice of third update report restraints resulting from final capital and startup cost components or and scheduling of public hearing. antidumping or countervailing duty annual operation, maintenance, and investigations, section 337, 201, and 406 purchase of service components. You EFFECTIVE DATE: August 9, 2001. investigations, or section 301 actions. should describe the methods you use to SUMMARY: The Commission has The initial notice of institution of this estimate major cost factors, including announced the schedule for its third investigation was published in the system and technology acquisition, update report in investigation No. 332– Federal Register of June 17, 1992 (57 FR expected useful life of capital 325, The Economic Effects of Significant 27063). U.S. Import Restraints, and has equipment, discount rate(s), and the Public Hearing period over which you incur costs. established deadlines for the submission Generally, your estimates should not of requests to appear at the hearing and A public hearing in connection with include equipment or services for the filing of written submissions as the investigation will be held at the U.S. purchased: (i) Before October 1, 1995; set forth below. The investigation was International Trade Commission (ii) to comply with requirements not requested by the Office of the U.S. Trade Building, 500 E Street SW, Washington, associated with the information Representative (USTR) in May 1992. DC, beginning at 9:30 a.m. on December collection; (iii) for reasons other than to That request called for an initial 4, 2001. All persons shall have the right provide information or keep records for investigation and subsequent updates, to appear, by counsel or in person, to the Government; or (iv) as part of under section 332(g) of the Tariff Act of present information and to be heard. customary and usual business or private 1930 (19 U.S.C. 1332(g)). Requests to appear at the public hearing practices. FOR FURTHER INFORMATION CONTACT: should be filed with the Secretary, Public Comment Policy: We will Sandra A. Rivera, Project Leader (202– United States International Trade Commission, 500 E Street SW, summarize written responses to this 205–3007) or Kyle Johnson, Deputy Washington, DC 20436, no later than notice and address them in our Project Leader (202–205–3229), Office of 5:15 p.m., November 9, 2001. Any submission for OMB approval, Economics, U.S. International Trade prehearing briefs (original and 14 including appropriate adjustments to Commission, Washington, DC, 20436. copies) should be filed not later than the estimated burdens. Our practice is to For information on the legal aspects of close of business, November 14, 2001; make comments, including names and this investigation, contact William the deadline for filing post-hearing home addresses of respondents, Gearhart of the Office of the General briefs or statements is close of business, available for public review during Counsel (202–205–3091). Hearing January 10, 2002. In the event that, as regular business hours. Individual impaired individuals are advised that of the close of business on November 9, respondents may request that we information on this matter can be obtained by contacting the TDD 2001, no witnesses are scheduled to withhold their home address from the appear at the hearing, the hearing will record, which we will honor to the terminal on (202) 205–1810. Persons with mobility impairments who will be canceled. Any person interested in extent allowable by law. There may be attending the hearing as an observer or circumstances in which we would need special assistance in gaining access to the Commission should contact the non-participant may call the Secretary withhold from the record a respondent’s to the Commission (202–205–2000) after identity, as allowable by the law. If you Office of the Secretary at 202–205–2000. General information concerning the November 9, 2001, to determine wish us to withhold your name and/or Commission may also be obtained by whether the hearing will be held. address, you must state this accessing its internet server (http:// prominently at the beginning of your Written Submissions www.usitc.gov). The public record for comment. However, we will not these investigations may be viewed on In lieu of or in addition to consider anonymous comments. We the Commission’s electronic docket participating in the hearing, interested will make all submissions from (EDIS–ON–LINE) at http:// parties are invited to submit written organizations or businesses, and from dockets.usitc.gov/eol/public. statements (original and 14 copies) individuals identifying themselves as concerning the matters to be addressed representatives or officials of Background by the Commission in its report on this organizations or businesses, available The Commission instituted this investigation. Commercial or financial for public inspection in their entirety. investigation following receipt on May information that a submitter desires the MMS Information Collection 15, 1992 of a request from the USTR. Commission to treat as confidential Clearance Officer: Jo Ann Lauterbach, The request asked that the Commission must be submitted on separate sheets of (202) 208–7744. conduct an investigation assessing the paper, each clearly marked Dated: July 30, 2001. quantitative economic effects of ‘‘Confidential Business Information’’ at E.P. Danenberger, significant U.S. import restraints on the the top. All submissions requesting Chief, Engineering and Operations Division. U.S. economy, and prepare periodic confidential treatment must conform [FR Doc. 01–20640 Filed 8–15–01; 8:45 am] update reports following the submission with the requirements of § 201.6 of the of the first report. The first report was Commission’s rules of practice and BILLING CODE 4310–MR–P delivered to the USTR in November procedure (19 CFR 201.6). All written 1993, the first update in December 1995, submissions, except for confidential and the second update in May 1999. In business information, will be made INTERNATIONAL TRADE this third update report, the available in the Office of the Secretary COMMISSION Commission will assess the economic for inspection by interested parties. To effects of significant tariff and non-tariff be assured of consideration by the [Investigation 332–325] U.S. import restraints on U.S. Commission, written statements relating The Economic Effects of Significant consumers, on the activities of U.S. to the Commission’s report should be U.S. Import Restraints: Third Update firms, on the income and employment submitted to the Commission at the of U.S. workers, and on the net earliest practical date and should be AGENCY: United States International economic welfare of the United States. received no later than the close of Trade Commission. The assessment will not include import business on January 10, 2002. All
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submissions should be addressed to the located next to the Site. In addition, the Response, Compensation, and Liability Secretary, United States International proposed decree provides that EPA will Act (‘‘CERCLA’’), 42 U.S.C. 9607(a), for Trade Commission, 500 E Street SW, reimburse Chevron for up to $1.5 costs incurred by the United States for Washington, DC 20436. The million in costs incurred for response actions performed at or in Commission’s rules do not authorize performance of such activities. connection with the Divex, Inc. filing submissions with the Secretary by The proposed consent decree includes Superfund Site located in Richland facsimile or electronic means. a covenant-not-to-sue under Sections County, South Carolina (the ‘‘Site’’). In 106 and 107 of CERCLA, 42 U.S.C. 9606, the same action, co-plaintiff South List of Subjects 9607, and under section 7003 of the Carolina Department of Health and U.S. Import Restraints, Nontariff Resource Conservation and Recovery Environmental Control (‘‘SCDHEC’’) measures (NTM), Tariffs, Imports. Act (‘‘RCRA’’), 42 U.S.C. 6973. The Department of Justice will sought reimbursement of past response By order of the Commission. receive, for a period of thirty (30) days costs under section 107(a) of CERCLA Issued: August 13, 2001. from the date of this publication, and S.C. Code Ann. § 44–56–200 for Donna R. Koehnke, comments relating to the proposed costs incurred by SCDHEC for response Secretary. consent decree. Comments should be actions performed at or in connection [FR Doc. 01–20655 Filed 8–15–01; 8:45 am] addressed to the Assistant Attorney with the Site. Under the proposed BILLING CODE 7020–02–P General for the Environment and Consent Decree, the six defendants have Natural Resources Division, U.S. agreed to pay a total of $1,067,811 in Department of Justice, Washington, DC reimbursement of the United States’ DEPARTMENT OF JUSTICE 20530, and should refer to United States past response costs and $7,189 in v. Chevron USA Inc., et al., DOJ Ref reimbursement of SCDHEC’s past Notice of Lodging of Consent Decree #90–11–2–355. Commenters may response costs. In addition, under the Pursuant to the Comprehensive request a public hearing in the affected proposed Consent Decree, Settling Environmental Response, area, pursuant to section 7003(d) of Federal Agencies have agreed to pay Compensation, and Liability Act RCRA, 42 U.S.C. 6973(d). $930,662 in reimbursement of the The proposed consent decree may be Notice is hereby given that a proposed United States’ past response costs, and examined at the Region IX Office of the $6,376 in reimbursement of SCDHEC’s consent decree was lodged on July 27, Environmental Protection Agency, 75 past response costs. 2001 with the United States District Hawthorne Street, San Francisco, Court for the Eastern District of California 94105. A copy of the The Department of Justice will receive California. The Consent Decree proposed consent decree may also be for a period of thirty(30) days from the embodies a second settlement in United obtained by mail from the Department date of this publication comments States v. Chevron USA Inc., et al., Civil of Justice Consent Decree Library, Box relating to the Consent Decree. Action No. F–98–5412 REC DLB. A 7611, Ben Franklin Station, Washington, Comments should be addressed to the prior consent decree was entered by the DC 20044–7611. In requesting a copy, Assistant Attorney General, Court on December 21, 1998. please refer to the referenced case and Environment and Natural Resources In the complaint filed concurrently enclose a check in the amount of $14.50 Division, PO Box 7611, U.S. Department with the lodging of the first consent (25 cents per page reproduction costs), of Justice, Washington, DC 20044–7611, decree, the United States sought payable to the Consent Decree Library. and should refer to United States v. injunctive relief for performance of A copy of the decree, exclusive of response actions, and reimbursement for Lockheed Martin Corp., et al., D.J. Ref. attachments, may be obtained for 90–11–3–06841. response costs incurred by the United $20.50. States Environmental Protection The Consent Decree may be examined Agency, in response to releases of Ellen M. Mahan, at the Office of the United States hazardous substances at the Purity Oil Assistant Section Chief, Environmental Attorney, First Union Building, 1441 Sales Superfund Site (‘‘Site’’), located Enforcement Section, Environment and Main Street, Suite 500, Columbia, South near Fresno, California, pursuant to the Natural Resources Division. Carolina 29201, and at U.S. EPA Region Comprehensive Environmental [FR Doc. 01–20641 Filed 8–15–01; 8:45 am] 4, 61 Forsyth Street, Atlanta, Georgia Response, Compensation, and Liability BILLING CODE 4410–15–M 30303. A copy of the Consent Decree Act (‘‘CERCLA’’), 42 U.S.C. 9601 et seq. may also be obtained by mail from the The settling defendants agreed to Consent Decree Library, PO Box 7611, DEPARTMENT OF JUSTICE contribute towards performance of U.S. Department of Justice, Washington, future response actions at the Purity Notice of Lodging of Consent Decree DC 20044–7611. In requesting a copy, Site; defendant Chevron USA Inc. Under the Comprehensive please enclose a check in the amount of (‘‘Chevron’’) agreed to perform that Environmental Response, $8.00 (25 cents per page reproduction work. Future work under the first Compensation, and Liability Act costs) payable to the Consent Decree consent decree includes operation and Library. maintenance of the groundwater Notice is hereby given that on July 31, extraction and treatment system for the 2001, a proposed Consent Decree in Ellen M. Mahan, groundwater operable unit and United States v. Lockheed Martin Corp., Assistant Chief, Environmental Enforcement construction, operation, and et al., Civil Action No. 3–01–3166–19, Section Environment and Natural Resources maintenance of the components of the was lodged with the United States Division. soils operable unit. District Court for the District of South [FR Doc. 01–20644 Filed 8–15–01; 8:45 am] The proposed consent decree Carolina. BILLING CODE 4410–15–M provides for performance by Chevron of In this action, the United States activities in connection with the sought reimbursement of past response temporary and permanent relocation of costs under section 107(a) of the residents of the Tall Trees Trailer Park, Comprehensive Environmental
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DEPARTMENT OF JUSTICE reproduction costs), payable to the Decree, payable to the Consent Decree Consent Decree Library. Library. Notice of Lodging of Consent Decree Walker B. Smith, Under the Clean Air Act and the Ellen Mahan, Comprehensive Environmental Assistant Section Chief, Environmental Deputy Chief, Environmental Enforcement Enforcement Section, Environment and Section, Environment and Natural Resources Response, Compensation, and Liability Division. Act Natural Resources Division. [FR Doc. 01–20642 Filed 8–15–01; 8:45 am] [FR Doc. 01–20643 Filed 8–15–01; 8:45 am] BILLING CODE 4410–15–M Under 28 CFR 50.7, notice is hereby BILLING CODE 4410–15–M given that on July 25, 2001, a proposed Consent Decree in United States v. DEPARTMENT OF JUSTICE Powell Duffryn Terminals, Inc., Civil DEPARTMENT OF JUSTICE Action No. CV401–173 was lodged with Immigration and Naturalization Service Notice of Lodging of Consent Decree the United States District Court for the Pursuant to Sections 107 and 113 of Southern District of Georgia. On the Agency Information Collection CERCLA same day, the United States filed a Activities: Proposed Collection; Comment Request Complaint against Powell Duffryn Notice is hereby given that on July 17, Terminals, Inc. (‘‘PDTI’’) for alleged 2001, the United States lodged a ACTION: Notice of Information Collection violations of Section 112(r)(1) of the proposed Consent Decree with the under Review: Application to Adjust Clean Air Act, 42 U.S.C. 7412(r)(1) United States District Court for the Status from Temporary to Permanent (‘‘CAA’’), and for recovery of costs Southern District of Texas, in United Resident. pursuant to section 107(a) of the States v. Union Pacific Railroad The Department of Justice, Comprehensive Environmental Company, Civ. A. No. H–00–0226, Immigration and Naturalization Service Response, Compensation, and Liability pursuant to sections 107 and 113 of Act, 42 U.S.C. 9607(a), (‘‘CERCLA’’) (INS) has submitted the following CERCLA, 42 U.S.C. 9607 and 9613. The information collection request to the relating to a fire and explosion at PDTI’s proposed Consent Decree resolves civil tank farm facility in Savannah, Georgia. Office of Management and Budget claims of the United States against (OMB) for review and clearance in The Complaint alleges that Powell Union Pacific Railroad Company Duffryn violated its obligations under accordance with the Paperwork (‘‘Union Pacific’’), the former owner and Reduction Act of 1995. The information the General Duty Clause of the CAA. operator at the time of disposal of collection was previously published in Under the Consent Decree, PDTI will hazardous substance at the Brownsville the Federal Register on May 4, 2001 at pay $1.8 million in past response costs Federal Courthouse Site (the ‘‘Site’’) 66 FR 22600, allowing for a 60-day under CERCLA, and its parent company, located in the City of Brownsville, public comment period. No comments Powell-Duffryn Ltd., will provide Cameron County, Texas. Under the were received by the INS on this $320,000 for the purchase of emergency proposed Consent Decree, Union Pacific proposed information collection. response equipment for the Savannah agrees to pay $300,000 of the United The purpose of this notice is to allow Fire and Emergency Services States’ past response costs related to the an additional 30 days for public Department. Site. comments. Comments are encouraged and will be accepted until September The Department of Justice will receive The Department of Justice will receive 17, 2001. This process is conducted in for a period of thirty (30) days from the comments relating to the proposed date of this publication comments accordance with 5 CFR 1320.10. Consent Decree for 30 days following Written comments and/or suggestions relating to the Consent Decree. publication of this Notice. Comments Comments should be addressed to the regarding the items contained in this should be addressed to the Assistant notice, especially regarding the Assistant Attorney General of the Attorney General, Environment and Environment and Natural Resources estimated public burden and associated Natural Resources Division, United response time, should be directed to the Division, Department of Justice, States Department of Justice, PO Box Office of Management and Budget, Washington, DC 20530, and should refer 7611, Ben Franklin Station, Washington, Office of Information and Regulatory to United States v. Powell Duffryn DC 20044–7611, and should refer to Affairs, Attention: Department of Justice Terminals, Inc., D.J. Ref. DOJ #90–5–2– United States v. Union Pacific Railroad Desk Officer, Room 10235, Washington, 1–2172/1. Company, DOJ No. 90–11–3–07036. The DC 20530. The consent decree may be examined proposed Consent Decree may be Written comments and suggestions at the Office of the United States examined at the Office of the United from the public and affected agencies Attorney, Southern District of Georgia, States Attorney for the Southern District concerning the proposed collection of 100 Bull Street, Savannah, GA 31401, at of Texas, Houston, Texas, and the information should address one or more U.S. EPA Region 4, 61 Forsyth Street, General Services Administration, Fritz of the following four points: SW., Atlanta, GA 30303. A copy of the G. Lanham Building, 819 Taylor Street, (1) Evaluate whether the proposed proposed Consent Decree may be Fort Worth, Texas, 76102–6195. A copy collection of information is necessary obtained by mail from the Department of the proposed Consent Decree may be for the proper performance of the functions of the agency, including of Justice Consent Decree Library, P.O. obtained by mail from the Department whether the information will have Box 7611, Washington, DC 20044. In of Justice Consent Decree Library, PO practical utility; requesting a copy please refer to the Box 761, Washington, DC 20044. In (2) Evaluate the accuracy of the referenced case and enclose a check in requesting a copy, please enclose a agency’s estimate of the burden of the the amount of $5.25 (25 cents per page check for reproduction costs (at 25 cents proposed collection of information, per page) in the amount of $4.50 for the including the validity of the methodology and assumptions used;
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(3) Enhance the quality, utility, and Dated: August 9. 2001. (3) Agency form number, if any, and clarity of the information to be Richard A. Sloan, the applicable component of the collected; and Department Clearance Officer, United States Department of Justice sponsoring the (4) Minimize the burden of the Department of Justice, Immigration and collection: Forms G–845 and G–845 collection of information on those who Naturalization Service. Supplement. SAVE Branch, Immigration are to respond, including through the [FR Doc. 01–20681 Filed 8–15–01; 8:45 am] and Naturalization Service. use of appropriate automated, BILLING CODE 4410–10–M (4) Affected public who will be asked electronic, mechanical, and other or required to respond, as well as a brief technological collection techniques or abstract: Primary: Individuals and other forms of information technology, DEPARTMENT OF JUSTICE Households. The information e.g., permitting electronic submission of collections allow for the verification of Immigration and Naturalization Service responses. immigration status of certain persons Overview of this information Agency Information Collection applying for benefits under certain collection: Activities: Comment Request entitlement programs. (1) Type of Information Collection: (5) An estimate of total number of Extension of currently approved ACTION: Notice of Information Collection respondents and the amount of time collection. Under Review; Document Verification estimated for an average respondent to Request and Document Verification respond: 500,000 responses at 5 minutes (2) Title of the Form/Collection: Request Supplement. (.083) per response. Application to Adjust Status from Temporary to Permanent Resident. (6) An estimate of the total public The Department of Justice, burden (in hours) associated with the (3) Agency form number, if any, and Immigration and Naturalization Service collection: 41,500 annual burden hours. the applicable component of the has submitted the following information If you have additional comments, Department of Justice sponsoring the collection request for review and suggestions, or need a copy of the collection: Form I–698, Adjudications clearance in accordance with the proposed information collection Division, Immigration and Paperwork Reduction Act of 1995. The instrument with instructions, or Naturalization Service. proposed information collection is additional information, please contact published to obtain comments from the (4) Affected public who will be asked Richard A. Sloan 202–514–3291, public and affected agencies. Comments or required to respond, as well as a brief Director, Policy Directives and are encouraged and will be accepted for abstract; Primary: Individuals or Instructions Branch, Immigration and sixty days until October 15, 2001. Households. The data collected on this Naturalization Service, U.S. Department Written comments and suggestions form is used by the Service to determine of Justice, Room 4034, 425 I Street, NW., from the public and affected agencies an applicant’s eligibility to adjust status Washington, DC 20536. Additionally, concerning the proposed collection of from temporary to permanent resident. comments and/or suggestions regarding information should address one or more (5) An estimate of the total number of the item(s) contained in this notice, of the following four points: respondents and the amounts of time especially regarding the estimated (1) Evaluate whether the proposed estimated for an average respondent to public burden and associated response collection of information is necessary respond: 1,179 responses at 1 hour per time may also be directed to Mr. for the proper performance of the response. Richard A. Sloan. functions of the agency, including (6) An estimate of the total public whether the information will have If additional information is required burden (in hours) associated with the practical utility; contact: Mr. Robert B. Briggs, Clearance collection: 1,179 annual burden hours. (2) Evaluate the accuracy of the Officer, United States Department of If you have additional comments, agencies estimate of the burden of the Justice, Information Management and suggestions or need a copy of the proposed collection of information, Security Staff, Justice Management proposed information collection including the validity of the Division, 1331 Pennsylvania Avenue, instrument with instructions, or methodology and assumptions used; N.W., Suite 1220, Washington, DC additional information, please contact (3) Enhance the quality, utility, and 20530. Richard A. Sloan 202–514–3291, clarity of the information to be Dated: August 7, 2001. Director, Policy Directives and collected; and Richard A. Sloan, Instructions Branch, Immigration and (4) Minimize the burden of the Department Clearance Officer, United States Naturalization Service, U.S. Department collection of information on those who Department of Justice, Immigration and of Justice, Room 4034, 425 I Street, NW., are to respond, including through the Naturalization Service. Washington, DC 20536. Additionally, use of appropriate automated, [FR Doc. 01–20682 Filed 8–15–01; 8:45 am] comments and/or suggestions regarding electronic, mechanical, or other BILLING CODE 4410–10–M the item(s) contained in this notice, technological collection techniques or especially regarding the estimated other forms of information technology, public burden and associated response e.g., permitting electronic submission of DEPARTMENT OF JUSTICE time may also be directed to Mr. responses. Richard A. Sloan. Overview of this information Immigration and Naturalization Service If additional information is required collection: Agency Information Collection contact: Mr. Robert B. Briggs, Clearance (1) Type of Information Collection: Activities: Proposed Collection; Officer, United States Department of Extension of currently approved Comment Request Justice, Information Management and collection(s). Security Staff, Justice Management (2) Title of the Form/Collection: ACTION: Notice of Information Collection Division, 1331 Pennsylvania Avenue, Document Verification Request and under Review: Application for Stay of NW., Suite 1220, Washington, DC Document Verification Request Deportation or Removal. 20530. Supplement.
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The Department of Justice, collection: Form I–246, Detention and has submitted the following information Immigration and Naturalization Service Deportation, Immigration and collection request for review and (INS) has submitted the following Naturalization Service. clearance in accordance with the information collection request to the (4) Affected public who will be asked Paperwork Reduction Act of 1995. The Office of Management and Budget or required to respond, as well as a brief proposed information collection is (OMB) for review and clearance in abstract: Primary: Individuals or published to obtain comments from the accordance with the Paperwork Households. This form is used by the public and affected agencies. Comments Reduction Act of 1995. The information Immigration and Naturalization Service are encouraged and will be accepted for collection was previously published in to determine the eligibility of an sixty days until October 15, 2001. the Federal Register on June 6, 2001 at applicant for stay of deportation or Written comments and suggestions 66 FR 30485, allowing for a 60-day removal. from the public and affected agencies public comment period. No comments (5) An estimate of the total number of concerning the proposed collection of were received by the INS on this respondents and the amount of time information should address one or more proposed information collection. estimated for an average respondent to of the following four points: The purpose of this notice is to allow respond: 10,000 responses at 30 minutes (1) Evaluate whether the proposed an additional 30 days for public (0.5 hours) per response. collection of information is necessary comments. Comments are encouraged (6) An estimate of the total public for the proper performance of the and will be accepted until September burden (in hours) associated with the functions of the agency, including 17, 2001. This process is conducted in collection: 5,000 annual burden hours. whether the information will have accordance with 5 CFR 1320.10. If you have additional comments, practical utility; Written comments and/or suggestions suggestions, or need a copy of the (2) Evaluate the accuracy of the regarding the items contained in this proposed information collection agencies estimate of the burden of the notice, especially regarding the instrument with instructions, or proposed collection of information, estimated public burden and associated additional information, please contact including the validity of the response time, should be directed to the Richard A. Sloan 202–514–3291, methodology and assumptions used; Office of Management and Budget, Director, Policy Directives and (3) Enhance the quality, utility, and Office of Information and Regulatory Instructions Branch, Immigration and clarity of the information to be Affairs, Attention: Department of Justice Naturalization Service, U.S. Department collected; and Desk Officer, Room 10235, Washington, of Justice, Room 4034, 425 I Street, NW., (4) Minimize the burden of the DC 20530. Washington, DC 20536. Additionally, collection of information on those who Written comments and suggestions comments and/or suggestions regarding are to respond, including through the from the public and affected agencies the item(s) contained in this notice, use of appropriate automated, concerning the proposed collection of especially regarding the estimated electronic, mechanical, or other information should address one or more public burden and associated response technological collection techniques or of the following four points: time may also be directed to Mr. other forms of information technology, (1) Evaluate whether the proposed Richard A. Sloan. e.g., permitting electronic submission of collection of information is necessary If additional information is required responses. for the proper performance of the contact; Mr. Robert B. Briggs, Clearance Overview of this information functions of the agency, including Officer, United States Department of collection: whether the information will have Justice, Information Management and (1) Type of Information Collection: practical utility; Security Staff, Justice Management Extension of a currently approved (2) Evaluate the accuracy of the Division, 1331 Pennsylvania Avenue, collection. agency’s estimate of the burden of the NW., Suite 1220, Washington, DC (2) Title of the Form/Collection: proposed collection of information, 20530. Application for Advance Permission to including the validity of the Dated: August 9, 2001. Enter as Nonimmigrant (Pursuant to methodology and assumptions used; (3) Enhance the quality, utility, and Richard A. Sloan, 212(d)(3) of the Immigration and clarity of the information to be Department Clearance Officer, United States Nationality Act). collected; and Department of Justice, Immigration and (3) Agency form number, if any, and (4) Minimize the burden of the Naturalization Service. the applicable component of the collection of information on those who [FR Doc. 01–20683 Filed 8–15–01; 8:45 am] Department of Justice sponsoring the are to respond, including through the BILLING CODE 4410–10–M collection: Form I–192. Information use of appropriate automated, Services Division, Immigration and electronic, mechanical, or other Naturalization Service. technological collection techniques or DEPARTMENT OF JUSTICE (4) Affected public who will be asked or required to respond, as well as a brief other forms of information technology, Immigration and Naturalization Service e.g., permitting electronic submission of abstract: Primary: Individuals or households. The information furnished responses. Agency Information Collection on Form I–192 will be used by the Overview of this information Activities: Proposed Collection; Immigration and Naturalization Service collection: Comment Request (1) Type of Information Collection: to determine if the applicant is eligible Extension of currently approved ACTION: Notice of Information Collection to enter the U.S. temporarily under the collection. Under Review; Application for Advance provision of section 212(d)(3) of the (2) Title of the Form/Collection: Permission to Enter as Nonimmigrant Immigration and Nationality Act. Application for Stay of Deportation or (Pursuant to 212(d)(3) of the (5) An estimate of the total number of Removal. Immigration and Nationality Act). respondents and the amount of time (3) Agency form number, if any, and estimated for an average respondent to the applicable component of the The Department of Justice, respond: 12,000 response at 15 minutes Department of Justice sponsoring the Immigration and Naturalization Service (0.25) per response.
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(6) An estimate of the total public whether the information will have Security Staff, Justice Management burden (in hours) associated with the practical utility; Division, 1331 Pennsylvania Avenue, collection: 3,000 annual burden hours. (2) Evaluate the accuracy of the NW., Suite 1220, Washington, DC If you have additional comments, agencies estimate of the burden of the 20530. suggestions, or need a copy of the proposed collection of information; Dated: August 7, 2001. proposed information collection including the validity of the Richard A. Sloan, instrument with instructions, or methodology and assumptions used; additional information, please contact (3) Enhance the quality, utility, and Department Clearance Officer, United States Department of Justice, Immigration and Richard A. Sloan 202–514–3291. clarity of the information to be Naturalization Service. Director, Policy Directives and collected; and [FR Doc. 01–20685 Filed 8–15–01; 8:45 am] Instructions Branch, Immigration and (4) Minimize the burden of the Naturalization Service, U.S. Department collection of information on those who BILLING CODE 4410–10–M of Justice, Room 4034, 425 I Street, NW., are respond, including through the use of appropriate automated, electronic, Washington, DC 20536. Additionally, DEPARTMENT OF JUSTICE comments and/or suggestions regarding mechanical, or other technological the item(s) contained in this notice, collection techniques or other forms of Immigration and Naturalization Service especially regarding the estimated information technology, e.g., permitting public burden and associated response electronic submission of responses. Agency Information Collection time may also be directed to Mr. Overview of this information Activities: Comment Request Richard A. Sloan. collection: If additional information is required (1) Type of Information Collection: ACTION: Request OMB Emergency contact: Mr. Robert B. Briggs, Clearance Extension of a currently approved Approval; Biographical Information/ Officer, United States Department of collection. Program Eligibility Questionnaire. Justice, Information Management and (2) Title of the Form/Collection: Request for the Return of Original The Department of Justice (DOJ), Security Staff, Justice Management Immigration and Naturalization Service Division, 1331 Pennsylvania Avenue, Document(s). (3) Agency form number, if any, and (INS) has submitted an emergency N.W., Suite 1220, Washington, DC information collection request (ICR) 20530 the applicable component of the Department of Justice sponsoring the utilizing emergency review procedures, Dated: August 7, 2001. collection: Form G–884. Records to the Office of Management and Budget Richard A. Sloan, Operation, Immigration and (OMB) for review and clearance in Department Clearance Officer, United States Naturalization Service. accordance with section Department of Justice, Immigration and (4) Affected public who will be asked 1320.13(a)(1)(ii) and (a)(2)(i) of the Naturalization Service. or required to respond, as well as a brief Paperwork Reduction Act of 1995. The [FR Doc. 01–20684 Filed 8–15–01; 8:45 am] abstract: Primary: Individuals or INS has determined that it cannot BILLING CODE 4410–10–M households. The information provided reasonably comply with the normal will be used by the INS to determine clearance procedures under this part whether a person is eligible to obtain because normal clearance procedures DEPARTMENT OF JUSTICE original document(s) contained in an are reasonably likely to prevent or Alien File. disrupt the collection of information. Immigration and Naturalization Service (5) An estimate of the total number of INS is requesting emergency review from OMB of this information collection Agency Information Collection respondents and the amount of time to enable the DOJ/INS to launch the INS Activities: Proposed Collection; estimated for an average respondent to practitioner Fraud Pilot Program. Comment Request respond: 2,500 responses at 15 minutes (0.25) per response. Emergency review and approval of this ACTION: Notice of Information (6) An estimate of the total public ICR provides safeguards to encourage Collection Under Review; Request for burden (in hours) associated with the undocumented alien victims of the Return of Original Document(s). collection: 625 annual burden hours. immigration practitioner fraud to come If you have additional comments, forward and file complaints. OMB The Department of Justice, suggestions, or need a copy of the approval has been requested by August Immigration and Naturalization Service proposed information collection 24, 2001. If granted, the emergency has submitted the following information instrument with instructions, or approval is only valid for 180 days. ALL collection request for review and additional information, please contact comments and/or questions pertaining clearance in accordance with the Richard A. Sloan 202–514–3291, to this pending request for emergency Paperwork Reduction Act of 1995. The Director, Policy Directives and approval MUST be directed to OMB, proposed information collection is Instructions Branch, Immigration and Office of Information and Regulatory published to obtain comments from the Naturalization Service. U.S. Department Affairs, Attention: Ms. Lauren public and affected agencies. Comments of Justice, Room 4034, 425 I Street, NW., Wittenberg, Department of Justice Desk are encouraged and will be accepted for Washington, DC 20536. Additionally, Officer, 725 17th Street, NW., Suite sixty days until October 15, 2001. comments and/or suggestions regarding 10102, Washington, DC 20503. Written comments and suggestions the item(s) contained in this notice, Comments regarding the emergency from the public and affected agencies especially regarding the estimated submission of this information concerning the proposed collection of public burden and associated response collection may also be submitted via information should address one or more time may also be directed to Mr. facsimile to Ms. Wittenberg at 202–395– of the following four points. Richard A. Sloan. 6974. (1) Evaluate whether the proposed If additional information is required During the first 60 days of this same collection of information is necessary contact: Mr. Robert B. Briggs, Clearance period, a regular review of this for the proper performance of the Officer, United States Department of information collection is also being functions of the agency, including Justice, Information Management and undertaken. During the regular review
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period, the INS requests written (5) An estimate of the total number of information should address one or more comments and suggestions from the respondents and the amount of time of the following four points: public and affected agencies concerning estimated for an average respondent to (1) Evaluate whether the proposed this information collection. Comments respond: 5,000 responses at 1 hour per collection of information is necessary are encouraged and will be accepted response. for the proper performance of the until October 15, 2001. During the 60- (6) An estimate of the total public functions of the agency, including day regular review, ALL comments and burden (in hours) associated with the whether the information will have suggestions, or questions regarding collection: 5,000 annual burden hours. practical utility; additional information, to include If additional information is required (2) Evaluate the accuracy of the obtaining a copy of the information contact: Mr. Robert B. Briggs, Clearance agency’s estimate of the burden of the collection instrument with instructions, Officer, United States Department of proposed collection of information, should be directed to Mr. Richard A. Justice, Information and Security Staff, including the validity of the Sloan, 202–514–3291, Director, Policy Justice Management Division, 1331 methodology and assumptions used; Directives and Instructions Branch, Pennsylvania Avenue, NW., Suite 1220, (3) Enhance the quality, utility, and Immigration and Naturalization Service, Washington, DC 20530. clarity of the information to be U.S. Department of Justice, Room 4034, Dated: August 9, 2001. collected; and 425 I Street, NW., Washington, DC Richard A. Sloan, (4) Minimize the burden of the 20536. Written comments and Department Clearance Officer, United States collection of information on those who suggestions from the public and affected Department of Justice, Immigration and are to respond, including through the agencies concerning the proposed Naturalization Service. use of appropriate automated, collection of information should address [FR Doc. 01–20686 Filed 8–15–01; 8:45 am] electronic, mechanical, or other one or more of the following four points: BILLING CODE 4410–10–M technological collection techniques or (1) Evaluate whether the proposed other forms of information technology, collection of information is necessary e.g., permitting electronic submission of for the proper performance of the DEPARTMENT OF JUSTICE responses. functions of the agency, including Overview of this information whether the information will have Immigration and Naturalization Service collection: practical utility; (1) Type of Information Collection: (2) Evaluate the accuracy of the Agency Information Collection Extension of currently approved agencies estimate of the burden of the Activities: Proposed Collection; collection. proposed collection of information, Comment Request (2) Title of the Form/Collection: Alien including the validity of the Crewman Landing Permit. ACTION: Notice of Information Collection methodology and assumptions used; (3) Agency form number, if any, and under Review: Alien Crewman Landing (3) Enhance the quality, utility, and the applicable component of the Permit clarity of the information to be Department of Justice sponsoring the collected; and The Department of Justice, collection: Form I–95 A&B, Inspections (4) Minimize the burden of the Immigration and Naturalization Service Division, Immigration and collection of information on those who (INS) has submitted the following Naturalization Service. are to respond, including through the information collection request to the (4) Affected public who will be asked use of appropriate automated, Office of Management and Budget or required to respond, as well as a brief electronic, mechanical, or other (OMB) for review and clearance in abstract: Primary: Individuals or technological collection techniques or accordance with the Paperwork Households. This form issued by the other forms of information technology, Reduction Act of 1995. The information Service in compliance with Sections e.g., permitting electronic submission of collection was previously published in 251 and 252 of the Immigration and responses. the Federal Register on June 6, 2001 at nationality Act. Overview of this information 66 FR 30484, allowing for a 60-day (5) An estimate of the total number of collection: public comment period. No comments respondents and the amount of time (1) Type of Information Collection: were received by the INS on this estimated for an average respondent to New collection(s). proposed information collection. respond: 433,00 responses at 5 minutes (2) Title of the Form/Collection: The purpose of this notice is to allow (.083 hours) per response. Biographical Information/Program an additional 30 days for public (6) An estimate of the total public Eligibility Questionnaire; Practitioner comments. Comments are encouraged burden (in hours) associated with the Fraud Pilot Program Initial Interview and will be accepted until September collection: 35,939 annual burden hours. form. 17, 2001. This process is conducted in If you have additional comments, (3) Agency form number, if any, and accordance with 5 CFR 1320.10. suggestions, or need a copy of the the applicable component of the Written comments and/or suggestions proposed information collection Department of Justice sponsoring the regarding the items contained in this instrument with instructions, or collection: Forms I–908 and I–909. notice, especially regarding the additional information, please contact Office of Enforcement, Immigration and estimated public burden and associated Richard A. Sloan 202–514–3291, Naturalization Service. response time, should be directed to the Director, Policy Directives and (4) Affected public who will be asked Office of Management and Budget, Instructions Branch, Immigration and or required to respond, as well as a brief Office of Information and Regulatory Naturalization Service, U.S. Department abstract: Primary: Individuals or Affairs, Attention: Department of Justice of Justice, Room 4034, 425 I Street, NW., households. This information collection Desk Officer, Room 10325, Washington, Washington, DC 20536. Additionally, will be used by the INS to identify DC 20530. comments and/or suggestions regarding unscrupulous immigration practitioners Written comments and suggestions the item(s) contained in this notice, who intentionally defraud from the public and affected agencies especially regarding the estimated undocumented alien victims. concerning the proposed collection of public burden and associated response
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time may also be directed to Mr. other forms of information technology, DEPARTMENT OF JUSTICE Richard A. Sloan. e.g., permitting electronic submission of If additional information is required responses. Immigration and Naturalization Service contact: Mr. Robert B. Briggs, Clearance Overview of this information Officer, United States Department of collection: Agency Information Collection Activities: Extension of Existing Justice, Information Management and (1) Type of Information Collection: Collection; Comment Request Security Staff, Justice Management Extension of a currently approved Division, 1331 Pennsylvania Avenue, collection. ACTION: Notice of Information Collection NW., Suite 1220, Washington, DC (2) Title of the Form/Collection: Under Review; Passenger List, Crew 20530. Medical Examination of Aliens Seeking List. Dated: August 9, 2001. Adjustment of Status. Richard A. Sloan, (3) Agency form number, if any, and The Department of Justice, Department Clearance Officer, United States the applicable component of the Immigration and Naturalization Service Department of Justice, Immigration and Department of Justice sponsoring the has submitted the following information Naturalization Service. collection: Form I–693. Information collection request for review and [FR Doc. 01–20687 Filed 8–15–01; 8:45 am] Services Division, Immigration and clearance in accordance with the BILLING CODE 4410–10–M Naturalization Service. Paperwork Reduction Act of 1995. The (4) Affected public who will be asked proposed information collection is or required to respond, as well as a brief published to obtain comments from the DEPARTMENT OF JUSTICE abstract: Primary: Individuals or public and affected agencies. Comments households. This information collection are encouraged and will be accepted for Immigration and Naturalization Service will be used by the Service in sixty days until October 15, 2001. Written comments and suggestions Agency Information Collection considering eligibility for adjustment of status under sections 209, 210, 245 and from the public and affected agencies Activities: Extension of Existing concerning the proposed collection of Collection; Comment Request 245A of the Immigration and Nationality Act. information should address one or more of the following four points: ACTION: Notice of Information Collection (5) An estimate of the total number of (1) Evaluate whether the proposed Under Review; Medical Examination of respondents and the amount of time collection of information is necessary Aliens Seeking Adjustment of Status. estimated for an average respondent to respond: 800,000 respondents at 1.5 for the proper performance of the The Department of Justice, hours per response. functions of the agency, including Immigration and Naturalization Service (6) An estimate of the total public whether the information will have has submitted the following information burden (in hours) associated with the practical utility; collection request for review and collection: 1,200,000 annual burden (2) Evaluate the accuracy of the clearance in accordance with the hours. agencies estimate of the burden of the Paperwork Reduction Act of 1995. The If you have additional comments, proposed collection of information, proposed information collection is suggestions, or need a copy of the including the validity of the published to obtain comments from the proposed information collection methodology and assumptions used; public and affected agencies. Comments instrument with instructions, or (3) Enhance the quality, utility, and are encouraged and will be accepted for additional information, please contact clarity of the information to be sixty days until [Insert date of the 60th Richard A. Sloan 202–514–3291, collected; and day from the date that this notice is Director, Policy Directives and (4) Minimize the burden of the published in the Federal Register]. Instructions Branch, Immigration and collection of information on those who Written comments and suggestions Naturalization Service, U.S. Department are to respond, including through the from the public and affected agencies of Justice, Room 4034, 425 I Street, NW., use of appropriate automated, concerning the proposed collection of Washington, DC 20536. Additionally, electronic, mechanical, or other information should address one or more comments and/or suggestions regarding technological collection techniques or of the following four points: the item(s) contained in this notice, other forms of information technology, (1) Evaluate whether the proposed especially regarding the estimated e.g., permitting electronic submission of collection of information is necessary public burden and associated response responses. for the proper performance of the time may also be directed to Mr. Overview of this information functions of the agency, including Richard A. Sloan. collection: (1) Type of Information Collection: whether the information will have If additional information is required Extension of a currently approved practical utility; contact: Mr. Robert B. Briggs, Clearance collection. (2) Evaluate the accuracy of the Officer, United States Department of (2) Title of the Form/Collection: agencies’ estimate of the burden of the Justice, Information Management and Passenger List, Crew List. proposed collection of information, Security Staff, Justice Management (3) Agency form number, if any, and including the validity of the Division, 1331 Pennsylvania Avenue, the applicable component of the methodology and assumptions used; NW., Suite 1220, Washington, DC (3) Enhance the quality, utility, and Department of Justice sponsoring the 20530. clarity of the information to be collection: Form I–418. Inspections collected; and Dated: August 7, 2001. Division, Immigration and (4) Minimize the burden of the Richard A. Sloan, Naturalization Service. collection of information on those who Department Clearance Officer, United States (4) Affected public who will be asked are to respond, including through the Department of Justice, Immigration and or required to respond, as well as a brief use of appropriate automated, Naturalization Service. abstract: Primary: Individuals or electronic, mechanical, or other [FR Doc. 01–20688 Filed 8–15–01; 8:45 am] households. This form is prescribed by technological collection techniques or BILLING CODE 4410–10–M the Attorney General for the INS for use
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by masters, owners or agents of vessels 66 FR 30484, allowing for a 60-day Affidavit of Financial Support and in complying with sections 231 and 251 public comment period. No comments Intent to Petition for Legal Custody of the Immigration and Nationality Act. were received by the INS on this require enforcement. (5) An estimate of the total number of proposed information collection. (5) An estimate of the total number of respondents and the amount of time The purpose of this notice is to allow respondents and the amount of time estimated for an average respondent to an additional 30 days for public estimated for an average respondent to respond: 95,000 respondents at 1 hour comments. Comments are encouraged respond: 50 responses at 30 minutes (0.5 per response. and will be accepted until September hours) per response. (6) An estimate of the total public 17, 2001. This process is conducted in (6) An estimate of the total public burden (in hours) associated with the accordance with 5 CFR 1320.10. burden (in hours) associated with the collection: 95,000 annual burden hours. Written comments and/or suggestions collection: 25 annual burden hours. If you have additional comments, regarding the items contained in this If you have additional comments, suggestions, or need a copy of the notice, especially regarding the suggestions, or need a copy of the proposed information collection estimated public burden and associated proposed information collection instrument with instructions, or response time, should be directed to the instrument with instructions, or additional information, please contact Office of Management and Budget, additional information, please contact Richard A. Sloan, 202–514–3291, Office of Information and Regulatory Richard A. Sloan 202–514–3291, Director, Policy Directives and Affairs, Attention: Department of Justice Director, Policy Directives and Instructions Branch, Immigration and Desk Officer, Room 10235, Washington, Instructions Branch, Immigration and Naturalization Service, U.S. Department DC 20530. Naturalization Service, U.S. Department of Justice, Room 4034, 425 I Street, NW., Written comments and suggestions of Justice, Room 4034, 425 I Street, NW., Washington, DC 20536. Additionally, from the public and affected agencies Washington, DC 20536. Additionally, comments and/or suggestions regarding concerning the proposed collection of comments and/or suggestions regarding the item(s) contained in this notice, information should address one or more the item(s) contained in this notice, especially regarding the estimated of the following four points: especially regarding the estimated public burden and associated response (1) Evaluate whether the proposed public burden and associated response time may also be directed to Mr. collection of information is necessary time may also be directed to Mr. Richard A. Sloan. for the proper performance of the Richard A. Sloan. If additional information is required functions of the agency, including contact: Mr. Robert B. Briggs, Clearance whether the information will have If additional information is required Officer, United States Department of practical utility; contact: Mr. Robert B. Briggs, Clearance Justice, Information Management and (2) Evaluate the accuracy of the Officer, United States Department of Security Staff, Justice Management agency’s estimate of the burden of the Justice, Information Management and Division, 1331 Pennsylvania Avenue, proposed collection of information, Security Staff, Justice Management NW., Suite 1220, Washington, DC including the validity of the Division, 1331 Pennsylvania Avenue, 20530. methodology and assumptions used; NW., Suite 1220, Washington, DC (3) Enhance the quality, utility, and 20530. Dated: August 7, 2001. clarity of the information to be Dated: August 9, 2001. Richard A. Sloan, collected; and Richard A. Sloan, Director, Department Clearance Officer, (4) Minimize the burden of the United States Department of Justice, Department Clearance Officer, Immigration collection of information on those who and Naturalization Service. Immigration and Naturalization Service. are to respond, including through the [FR Doc. 01–20679 Filed 8–15–01; 8:45 am] [FR Doc. 01–20689 Filed 8–15–01; 8:45 am] use of appropriate automated, BILLING CODE 4410–10–M electronic, mechanical, or other BILLING CODE 4410–10–M technological collection techniques or other forms of information technology, DEPARTMENT OF JUSTICE DEPARTMENT OF JUSTICE e.g., permitting electronic submission of Immigration and Naturalization Service responses. Immigration and Naturalization Service Overview of this information Agency Information Collection collection: Agency Information Collection Activities: Proposed Collection; (1) Type of Information Collection: Activities: Proposed Collection; Comment Request Extension of currently approved Comment Request collection. ACTION: Notice of Information (2) Title of the Form/Collection: ACTION: Notice of Information Collection Collection under Review: Request to Request to Enforce Affidavit of under Review: Alien Change of Address Enforce Affidavit of Financial Support Financial Support and Intent to Petition Card. and Intent to Petition for Custody for for Custody for Public Law 97–359 Public Law 97–359 Amerasian. Amerasian. The Department of Justice, (3) Agency form number, if any, and Immigration and Naturalization Service The Department of Justice, the applicable component of the (INS) has submitted the following Immigration and Naturalization Service Department of Justice sponsoring the information collection request to the (INS) has submitted the following collection: Form I–363, Adjudications Office of Management and Budget information collection request to the Division, Immigration and (OMB) for review and clearance in Office of Management and Budget Naturalization Service. accordance with the Paperwork (OMB) for review and clearance in (4) Affected public who will be asked Reduction Act of 1995. The information accordance with the Paperwork or required to respond, as well as a brief collection was previously published in Reduction Act of 1995. The information abstract: Primary: Individuals or the Federal Register on June 6, 2001 at collection was previously published in Households. This form is used by the 66 FR 30485, allowing for a 60-day the Federal Register on June 6, 2001 at Service to determine whether an public comment period. No comments
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were received by the INS on this (5) An estimate of the total number of 20503 ((202) 395–7316), within 30 days proposed information collection. respondents and the amount of time from the date of this publication in the The purpose of this notice is to allow estimated for an average respondent to Federal Register. an additional 30 days for public respond: 250,000 responses at 5 minutes The OMB is particularly interested in comments. Comments are encouraged (.083 hours) per response. comments which: and will be accepted until September (6) An estimate of the total public • Evaluate whether the proposed 17, 2001. This process is conducted in burden (in hours) associated with the collection of information is necessary accordance with 5 CFR 1320.10. collection: 20,750 annual burden hours. for the proper performance of the Written comments and/or suggestions If you have additional comments, functions of the agency, including regarding the items contained in this suggestions, or need a copy of the whether the information will have notice, especially regarding the proposed information collection practical utility; estimated public burden and associated instrument with instructions, or • Enhance the quality, utility, and response time, should be directed to the additional information, please contact clarity of the information to be Office of Management and Budget, Richard A. Sloan 202–514–3291, collected; and Office of Information and Regulatory Director, Policy Directives and • Minimize the burden of the Affairs. Attention: Department of Justice Instructions Branch, Immigration and collection of information on those who Desk Officer, Room 10235, Washington, Naturalization Service, U.S. Department are to respond, including through the DC 20530. of Justice, Room 4034, 425 I Street, NW., use of appropriate automated, Written comments and suggestions Washington, DC 20536. Additionally, electronic, mechanical, or other from the public and affected agencies comments and/or suggestions regarding technological collection techniques or concerning the proposed collection of the item(s) contained in this notice, other forms of information technology, information should address one or more especially regarding the estimated e.g., permitting electronic submission of of the following four points: public burden and associated response responses. (1) Evaluate whether the proposed time may also be directed to Mr. Type of Review: Extension of a collection of information is necessary Richard A. Sloan. currently approved collection. If additional information is required for the proper performance of the Agency: Mine Safety and Health contact: Mr. Robert B. Briggs, Clearance functions of the agency, including Administration (MSHA). Officer, United States Department of whether the information will have Title: Radiation Sampling and Justice, Information Management and practical utility; Exposure Records—30 CFR 57.5037 and (2) Evaluate the accuracy of the Security Staff, Justice Management 57.5040. agency’s estimate of the burden of the Division, 1331 Pennsylvania Avenue, OMB Number: 1219–0003. proposed collection of information, NW., Suite 1220, Washington, DC Affected Public: Business or other for- including the validity of the 20530. profit. methodology and assumptions used; Dated: August 9, 2001. Frequency: Annually; Weekly. (3) Enhance the quality, utility, and Richard A. Sloan, Number of Respondents: 2. clarity of the information to be Department Clearance Officer, United States Number of Annual Responses: 100. collected; and Department of Justice, Immigration and Average Time Per Response: Ranges (4) Minimize the burden of the Naturalization Service. collection of information on those who from 6.5 hours to collect air sample and [FR Doc. 01–20680 Filed 8–15–01; 8:45 am] are to respond, including through the record results to 1.5 hours to submit the use of appropriate automated, BILLING CODE 4410–10–M Form MSHA 4000–9. electronic, mechanical, or other Annual Burden Hours: 800. Total Annualized Capital/Startup technological collection techniques or Costs: $0. other forms of information technology, DEPARTMENT OF LABOR Total Annual Costs (operating/ e.g., permitting electronic submission of Office of the Secretary maintaining systems or purchasing responses. Overview of this information services): $0. Submission for OMB Review; Description: Airborne radon and collection: Comment Request (1) Type of Information Collection: radon daughters exist in every uranium Extension of currently approved August 6, 2001. mine and several other underground collection. The Department of Labor (DOL) has mining commodities. Radon is a (2) Title of the Form/Collection: Alien submitted the following public radioactive gas. Operators are required Change of Address Card. information collection requests (ICRs) to to conduct weekly sampling of airborne (3) Agency form number, if any, and the Office of Management and Budget radon and radon daughters the applicable component of the (OMB) for review and approval in concentrations. Mine operators must Department of Justice sponsoring the accordance with the Paperwork report individual miner’s exposure to collection: Form AR–11, Records Reduction Act of 1995 (Pub. L. 104–13, radon daughter concentrations annually Operation, Immigration and 44 U.S.C. Chapter 35). A copy of each to MSHA on the Form 4000–9. The Naturalization Service. individual ICR, with applicable mine operators are required to keep (4) Affected public who will be asked supporting documentation, may be records of all mandatory samples, retain or required to respond, as well as a brief obtained by calling the Department of the results at the mine site of nearest abstract: Primary: Individuals or Labor. To obtain documentation contact mine office for two years. Households. Section 265 of the Darrin King at (202) 693–4129 or E-Mail: Type of Review: Extension of a Immigration and Nationally Act requires [email protected]. currently approved collection. aliens in the United States to inform the Comments should be sent to Office of Agency: Mine Safety and Health Immigration and Naturalization Service Information and Regulatory Affairs, Administration (MSHA). of any change of address. This form Attn: Stuart Shapiro, OMB Desk Officer Title: Hazardous Conditions provides a standardized format for MSHA, Office of Management and Complaints—30 CFR 43.4 and 43.7. compliance. Budget, Room 10235, Washington, DC OMB Number: 1219–0014.
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Affecting Public: Business or other Description: 30 CFR, part 43, provides Type of Review: Extension of a for-profit; Individuals or households. procedures for a representative of currently approved collection. Frequency: On occasion. miners or, if there is no representative Agency: Mine Safety and Health Number of Respondents: 651. of miners, an individual miner acting Administration (MSHA). Number of Annual Responses: 651. voluntarily for submitting or giving Average Time Per Response: 12 Title: Mine Ventilation System Plan— written notification to MSHA of an minutes. 30 CFR 57.8520. alleged violation of the Federal Mine Annual Burden Hours: 130. OMB Number: 1219–0016. Safety and Health Act or a mandatory Total Annualized Capital/Startup Affected Public: Business or other for- Costs: $0. standard or of an imminent danger. profit. Total Annual Costs (operating/ Such notification requires MSHA to maintaining systems or purchasing make an immediate inspection. Frequency: Annually. services: $0. Number of Respondents: 284.
Number of an- Requirement nual re- Frequency Estimated time Annual burden sponses per response hours
Develop new plan ...... 15 Annual ...... 24 360 Revising existing plan ...... 269 Annual ...... 24 6,456
Total ...... 284 ...... 6,816
Total Annualized Capital/Startup the safety of workers in each slope or • Evaluate the accuracy of the Costs: $0. shaft that is commenced or extended. agency’s estimate of the burden of the proposed collection of information, Total Annual Costs (operating/ Ira L. Mills, including the validity of the maintaining systems or purchasing Departmental Clearance Officer. services: $0. methodology and assumptions used; [FR Doc. 01–20604 Filed 8–15–01; 8:45 am] • Enhance the quality, utility, and Description: 30 CFR 57.8520 requires BILLING CODE 4510–43–M clarity of the information to be mine operators to prepare written mine collected; and ventilation system plans and update • Minimize the burden of the those plans annually. The purposes are DEPARTMENT OF LABOR collection of information on those who to ensure that each operator routinely Office of the Secretary are to respond, including through he use plans, reviews, and updates the mine of appropriate automated, electronic, ventilation system; to ensure the mechanical, or other technological availability of accurate and current Submission for OMB Review; Comment Request collection techniques or other forms of ventilation; and to provide MSHA with information technology, e.g., permitting the opportunity to alert the mine July 20, 2001. electronic submission of responses. operator to potential hazards. The Department of Labor (DOL) has Type of Review: Revision of a Type of Review: Extension of a submitted the following public currently approved collection. currently approved collection. information collection requests (ICRs) to Agency: Bureau of Labor Statistics Agency: Mine Safety and Health the Office of Management and Budget (BLS). Administration (MSHA). (OMB) for review and approval in Title: Survey of Occupational Injuries accordance with the Paperwork and Illnesses. Title: Slope and Shaft Sinking Plans— Reduction Act of 1995 (Pub. L. 104–13, OMB Number: 1220–0045. 30 CFR 77.1900. 44 U.S.C. Chapter 35). A copy of this Affected Public: Business or other for- OMB Number: 1219–0019. ICR, with applicable supporting profit; Not-for-profit institutions; Farms; Affected Public: Business or other for- documentation, may be obtained by and State, Local, or Tribal Government. profit. contacting the Department of Labor. To Frequency: Annually. Number of Respondents: 230,000. Frequency: On occasion. obtain documentation contact Darrin King at (202) 693–4129 or E-Mail King- Number of Annual Responses: Number of Respondents: 887. [email protected]. 230,000. Number of Annual Responses: 48. Comments should be sent to Office of Estimated Time Per Response: 24 Average Time Per Response: 20 hours. Information and Regulatory Affairs, minutes to complete the BLS–9300 Attn: OMB Desk Officers for BLS, Office form; 14 minutes to record an injury Annual Burden Hours: 960. of Management and Budget, Room case on the OSHA Injury and Illness Total Annualized Capital/Startup 10235, Washington, DC 20503 ((202) Log; and 22 minutes to record an entry Costs: $0. 395–7316), within 30 days from the date on the OSHA Injury and Illness Incident Total Annual Costs (operating/ of this publication in the Federal Report. maintaining systems or purchasing Register. Total Burden Hours: 327,666. services: $720. The OMB is particularly interested in Total Annualized Capital/Startup Annual Burden Hours: 130. comments which: Costs: $0. • Evaluate whether the proposed Total Annual Costs (operating/ Total Annualized Capital/Startup collection of information is necessary maintaining systems or purchasing Costs: $0. for the proper performance of the services): $0. Description: 30 CFR 77.1900 requires functions of the agency, including Description: The Survey of coal mine operators to submit to MSHA whether the information will have Occupational Injuries and Illnesses is for approval, a plan that will provide for practical utility; the primary indicator of the Nation’s
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progress in providing every working 44 U.S.C. chapter 35). A copy of this * Enhance the quality, utility, and man and woman safe and healthful ICR, with applicable supporting clarity of the information to be working conditions. Survey data are documentation, may be obtained by collected; and also used to evaluate the effectiveness of calling the Department of Labor. To * Minimize the burden of the the Federal and State occupational obtain documentation contact Darrin collection of information on those who safety and health programs and to King at (202) 693–4129 or E-Mail King- are to respond, including through the prioritize the use of resources. [email protected]. use of appropriate automated, Comments should be sent to Office of Ira L. Mills, electronic, mechanical, or other Information and Regulatory Affairs, technological collection techniques or Departmental Clearance Officer. Attn: OMB Desk Officer for ESA, Office other forms of information technology, [FR Doc. 01–19952 Filed 8–15–01; 8:45 am] of Management and Budget, Room e.g., permitting electronic submission of BILLING CODE 4510–24–M 10235, Washington, DC 20503 ((202) responses. 395–7316), within 30 days from the date Type of Review: Revision of a of this publication in the Federal DEPARTMENT OF LABOR currently approved collection. Register. Agency: Employment Standards Office of the Secretary The OMB is particularly interested in Administration (ESA). comments which: * Evaluate whether the proposed Title: Operator Controversion, Submission for OMB Review; Operator Response, Operator Response Comment Request collection of information is necessary for the proper performance of the to Schedule for Submission of July 26, 2001. functions of the agency, including Additional Evidence, and Operator The Department of Labor (DOL) has whether the information will have Response to Notice of Claim. submitted the following public practical utility; OMB Number: 1215–0058. information collection requests (ICRs) to * Evaluate the accuracy of the Affected Public: Business or other for- the Office of Management and Budget agency’s estimate of the burden of the profit and State, Local, or Tribal (OMB) for review and approval in proposed collection of information, Government. accordance with the Paperwork including the validity of the Frequency: On occasion. Reduction Act of 1995 (Pub. L. 104–13, methodology and assumptions used; Annual Respondents: 5,400.
Average re- Form Annual re- sponse time Burden hours sponses (hours)
CM–970, CM–970a, and CM–2970a ...... 5,800 .25 1,450 CM–2970 ...... 5,000 .16 833
Total ...... 10,800 ...... 2,283
Total Annualized Capital/Startup NUCLEAR REGULATORY announced in the Federal Register on Costs: $0. COMMISSION Thursday, August 9, 2001 (66 FR Total Annual Costs (operating/ 41911). Advisory Committee on Reactor maintaining systems or purchasing Safeguards; Revisions Thursday, September 6, 2001 services): $3,996. • The discussion of the TRACG best- The agenda for the 485th ACRS Description: The CM–970 and CM– estimate large-break loss-of-coolant meeting, scheduled to be held on 970a are used by most coal mine accident code has been rescheduled to September 5–8, 2001, has been revised operators to controvert an initial finding Thursday, September 6, 2001 between to reflect the changes noted below. or potential liability for payment of 10:20 and 12 Noon. Black Lung benefits under the Black Notice of this meeting was previously • published in the Federal Register on The discussion of the proposed Lung Benefits Act. The CM–2970a is Thursday, August 9, 2001 (66 FR final revision to Regulatory Guide 1.78 used by most coal mine operators to 41911). (DG–1089), ‘‘Main Control Room indicate that additional evidence will be Habitability During a Postulated presented to back up their Wednesday, September 5, 2001 Hazardous Chemical Release,’’ has been controversion. The CM–2970 is used by • The discussion of the power uprate rescheduled to 1 and 2 p.m. most coal mine operators to respond to application for the Duane Arnold • A report by the Chairman of the a notice of claim. Energy Center scheduled between 8:35 Thermal-Hydraulic Phenomena Subcommittee on the results of the July Ira L. Mills, and 10 a.m. has been canceled due to the unavailability of the NRC staff’s 17–18, 2001 meeting held at the Oregon Department Clearance Officer. safety evaluation report. State University has been added and [FR Doc. 01–19953 Filed 8–15–01; 8:45 am] • The discussion of the Proposed scheduled between 2 and 2:30 p.m. BILLING CODE 4510–CK–M Resolution of Generic Safety Issue • The preparation of ACRS reports (GSI)–191, ‘‘Assessment of Debris will start at 2:45 p.m. instead of 3:30 Accumulation on PWR Sump Pump p.m. as previously announced. Performance’’ has been rescheduled to All other items for September 6, 2001 Wednesday, September 5, 2001 between meeting remain the same as previously 8:35 and 10 a.m. announced in the Federal Register on All other items for September 5, 2001 Thursday, August 9, 2001 (66 FR meeting remain the same as previously 41911).
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For further information contact: Dr. Street, Raleigh, North Carolina 27602, SECURITIES AND EXCHANGE Sher Bahadur (telephone 301–415– and Florida Power Corporation COMMISSION 0138), between 7:30 a.m. and 4:15 p.m., (‘‘Florida Power’’), One Progress Plaza, [Release No. 34–44662; File No. 4–208] EDT. St. Petersburg, Florida 33701 Dated: August 10, 2001. (Collectively, the ‘‘Utility Intermarket Trading System; Notice of Annette Vietti-Cook, Subsidiaries’’), have filed an application Filing of the Eighteenth Amendment to Acting Advisory Committee Management declaration under sections 6(a), 7, 9(a), the ITS Plan Relating to the Pacific Officer. 10, and 12(b) of the Act and Rules 42, Exchange, Inc.’s Implementation of the [FR Doc. 01–20625 Filed 8–15–01; 8:45 am] 45 and 54 under the Act. ARCA Facility BILLING CODE 7590–01–P Progress and the Utility Subsidiaries August 8, 2001. have proposed certain modifications to Pursuant to section 11A of the financing transactions through Securities Exchange Act of 1934 SECURITIES AND EXCHANGE September 30, 2003, which were (‘‘Act’’),1 and Rule 11A3a3–2 COMMISSION approved by the Commission on thereunder,2 notice is hereby given that [Release No. 35–27431] December 12, 2000 (HCAR No. 27297) on July 24, 2001, the Intermarket (‘‘December Order’’). Progress also Trading System Operating Committee Filings Under the Public Utility Holding requests authority to acquire long-term (‘‘ITSOC’’) submitted to the Securities Company Act of 1935, as Amended securities from NCNG, and NCNG and Exchange Commission (‘‘Act’’) requests authority to issue long-term (‘‘Commission’’) a proposed amendment (‘‘Eighteenth Amendment’’) to the August 10, 2001. securities to Progress, subject to any restated ITS Plan.3 The purpose of the Notice is hereby given that the required approval from the North proposed amendment is to: (1) eliminate following filing(s) has/have been made Carolina Utilities Commission. provisions relating to the PCX’s Remote with the Commission pursuant to The requested modifications to the Specialists; and (2) recognize the PCX’s provisions of the Act and rules December Order specifically include implementation of the Archipelago promulgated under the Act. All increasing: (1) the aggregate amount of (‘‘ARCA’’) Facility. The Commission is interested persons are referred to the common stock, preferred stock and publishing this notice to solicit application(s) and/or declaration(s) for under preferred securities and comment on the proposed amendment complete statements for the proposed debentures that Progress may issue and from interested persons. transaction(s) summarized below. The have outstanding during the approved applicant(s) and/or declaration(s) and authorization period from $3.8 billion to I. Description of the Amendment any amendment(s) is/are available for $5 billion; (2) Progress’ short-term debt The proposed amendment deletes public inspection through the limit from $1 billion to $2.5 billion; (3) provisions of the ITS Plan relating to Commission’s Branch of Public Progress’ limit for all indebtedness from PCX’s Remote Specialists.4 In addition, Reference. $5 billion to $6 billion; (4) the limit of the proposed amendment recognizes the Interested persons wishing to short-term debt for NCNG from $125 PCX’s implementation of the ARCA comment or request a hearing on the Facility. The proposed amendment application(s) and/or declaration(s) million to $400 million; and (5) the borrowing limit for NCNG from the defines ‘‘ARCA Facility’’ as the should submit their views in writing by computerized electronic facility for the September 4, 2001, to the Secretary, Progress Utility Money Pool from $125 million to $400 million. trading of equity securities at the PCX, Securities and Exchange Commission, through its wholly owned subsidiary, Washington, DC 20549–0609, and serve Progress states that the proposed the PCX Equities, Inc. (‘‘PCXE’’).5 The a copy on the relevant applicant(s) and/ increases in the authorized limits for proposed amendment also defines the or declarant(s) at the address(es) long-term equity and debt securities and ‘‘ARCA Facility Supervisory Center’’ as specified below. Proof of service (by short-term debt will enable it to the premises of the PCX at which the affidavit or, in the case of an attorney at complete refinancing the acquisition law, by certificate) should be filed with debit incurred in November 2000 when 1 15 U.S.C. 78k–1. the request. Any request for hearing it purchased all issued and outstanding 2 17 CFR 240.11Aa3–2. should identify specifically the issues of common stock of Florida Progress, to 3 The ITS is a National Market System (‘‘NMS’’) facts or law that are disputed. A person fund inter-company loans to NCNG, and plan, which was designed to facilitate intermarket who so requests will be notified of any trading in exchange-listed equity securities based to facilitate the consolidation of external on current quotation information emanating from hearing, if ordered, and will receive a short-term borrowing facilities the linked markets. See Securities Exchange Act copy of any notice or order issued in the maintained by certain of its subsidiaries. Release No. 19456 (January 27, 1983), 48 FR 4938 matter. After September 4, 2001, the (February 3, 1983). The applicants state that any direct application(s) and/or declaration(s), as The ITS Participants include the American Stock borrowings by NCNG from Progress filed or as amended, may be granted Exchange LLC (‘‘Amex’’), the Boston Stock Energy will have interest rates and Exchange, Inc. (‘‘BSE’’), the Chicago Board Options and/or permitted to become effective. Exchange, Inc. (‘‘CBOE’’), the Chicago Stock maturities that are designed to parallel Exchange, Inc. (‘‘CHX’’), the Cincinnati Stock Progress Energy Inc., et al. (70–9909) Progress’ effective cost of funds. Exchange, Inc. (‘‘CSE’’), the National Association of Progress Energy Inc. (‘‘Progress’’), a Securities Dealers, Inc. (‘‘NASD’’), the New York For the Commission, by the Division of Stock Exchange, Inc. (‘‘NYSE’’), the Pacific registered holding company formerly Investment Management, pursuant to Exchange, Inc. (‘‘PCX’’), and the Philadelphia Stock known as CP&L Energy Inc., 410 South delegated authority. Exchange, Inc. (‘‘PHLX’’) (‘‘Participants’’). Wilmington Street, Raleigh, North Margaret H. McFarland, 4 See ITS Plan, Sections 1(33B1) (defining ‘‘PCX Carolina 27602, and its wholly-owned Coordinating Specialist’’), 1(33C) (defining ‘‘PCX public utility subsidiaries, Carolina Deputy Secretary. Regular Specialist’’), 1(33D) (defining ‘‘PCX Remote [FR Doc. 01–20626 Filed 8–15–01; 8:45 am] Specialist’’), and 1(33E) (defining ‘‘PCX Registered Power & Light Company (‘‘CP&L’’) and Specialist’’). BILLING CODE 8010–01–M North Carolina Natural Gas Corporation 5 See PCXE Rule 7.1(a)(3) (defining term (‘‘NCNG’’), 410 South Wilmington ‘‘facilities’’ or ‘‘trading facilities’’).
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ITS supervisory stations are located, DEPARTMENT OF TRANSPORTATION are invited from all interested parties. which monitor the PCX’s Participant Comments or questions concerning this Market. Federal Highway Administration proposed action and the EIS should be The ITSOC proposes to amend the ITS directed to the FHWA at the address Environmental Impact Statement: provided above. Plan in various sections to incorporate Butte County, California the usage of the ARCA Facility and the (Catalog of Federal Domestic Assistance ARCA Facility Supervisory Center. In AGENCY: Federal Highway Program Number 20.205, Highway Planning Administration (FHWA), DOT and Construction. The regulations particular, the ITS Plan would be implementing Executive Order 12372 ACTION: amended to include references to the Notice of intent. regarding intergovernmental consultation on ARCA Facility and the ARCA Facility SUMMARY: The FHWA is issuing this Federal programs and activities apply to this program.) Supervisory Center regarding ITS notice to advise the public that an supervisory stations, the receipt of environmental impact statement will be Issued on: August 9, 2001. quotations, the description of ITS prepared for a proposed highway project R. Clayton Slovensky, transactions, commitment information, in Butte County, California. Acting Chief, Program Delivery—North Sacramento, California. implementation obligations of the pre- FOR FURTHER INFORMATION CONTACT: R. opening application, system access, and Clayton Slovensky, Acting Team Leader, [FR Doc. 01–20645 Filed 8–15–01; 8:45 am] the operational parameters for the Program Delivery Team—North, Federal BILLING CODE 4910–22–M ARCA Facility.6 Highway Administration, California Division, 980 Ninth Street, Suite 400, II. Solicitation of Comments DEPARTMENT OF TRANSPORTATION Sacramento, California 95814, Interested persons are invited to Telephone: (916) 498–5774. National Highway Traffic Safety submit written data, views and SUPPLEMENTARY INFORMATION: The Administration arguments concerning the foregoing, FHWA, in cooperation with the including whether the proposed Plan California Department of Transportation [U.S. DOT Docket Number NHTSA–2001– 10343] amendment is consistent with the Act. (Caltrans), will prepare an Persons making written submissions environmental impact statement (EIS) Reports, Forms, and Record Keeping should file six copies thereof with the for a proposed gap-closure project on Requirements Secretary, Securities and Exchange State Route (SR) 149 in Butte County, AGENCY: Commission, 450 Fifth Street, NW., California. The proposed improvement National Highway Traffic Safety Administration (NHTSA), Washington, DC 20549–0609. Copies of would include upgrading the 4.6 miles Department of Transportation. the submission, all subsequent of SR 149 to a 4-lane expressway, and ACTION: amendments, all written statements constructing freeway-to-freeway Request for public comment on proposed collection of information. with respect to the proposed Plan interchanges at the existing SR 70/149 amendment that are filed with the and SR 99/149 intersections. Improvements to the corridor are SUMMARY: Before a Federal agency can Commission, and all written considered necessary to improve safety, collect certain information from the communications relating to the provide for existing and projected traffic public, it must receive approval from proposed Plan amendment between the demand, and to accommodate the Office of Management and Budget Commission and any person, other than interregional traffic between the cities of (OMB). Under procedures established those that may be withheld from the Oroville and Chico, California. by the Paperwork Reduction Act of public in accordance with the Alternatives under consideration 1995, before seeking OMB approval, provisions of 5 U.S.C. 552, will be include (1) taking no action; (2) Federal agencies must solicit public available for inspection and copying in constructing two additional lanes and a comment on proposed collections of the Commission’s Public Reference median on the south side of SR 149; (3) information, including extensions and Room. Copies of such proposed Plan constructing two additional lanes and a reinstatement of previously approved Amendment will also be available for median on the north side of SR 149; and collections. This document describes one inspection and copying at the principal (4) upgrading SR 149 by a combination collection of information for which office of the ITS. All submissions of widening to the south and to the NHTSA intends to seek OMB approval. should refer to File No. 4–208 and north. DATES: should be submitted by September 6, Letters describing the proposed action Comments must be received on or before October 15, 2001. 2001. and soliciting comments will be sent to appropriate Federal, State and local ADDRESSES: Comments must refer to the For the Commission, by the Division of agencies, and to private organizations docket notice numbers cited at the Market Regulation, pursuant to delegated and citizens who have previously beginning of this notice and be authority.7 expressed or are known to have interest submitted to Docket Management, Room Margaret H. McFarland, in this proposal. In addition, a public PL–401, 400 Seventh Street, SW., Deputy Secretary. workshop will be held, with public Washington, DC 20590. Please identify [FR Doc. 01–20627 Filed 8–15–01; 8:45 am] notice being given of the time and the proposed collection of information BILLING CODE 8010–01–M location. The draft EIS will be available for which a comment is provided, by for public and agency review and referencing its OMB clearance Number. It is requested, but not required, that 2 6 See ITS Plan, Section 1 (‘‘Definitions’’); Section comment prior to the public workshop. 5 (‘‘The System’’); Section 6 (‘‘ITS’’); Section 7 No formal scoping meeting is planned at copies of the comment be provided. The (‘‘Pre-Opening Application’’); and Section 8 this time. Docket Section is open on weekdays (‘‘Participants’ Implementation Obligations’’) To ensure that the full range of issues from 10 a.m. to 5 p.m. (proposing to incorporate the usage of the ARCA Facility and the ARCA Facility Supervisory Center related to this proposed action are FOR FURTHER INFORMATION CONTACT: on the PCX in these sections, respectively). addressed and all significant issues are Complete copies of each request for 7 17 CFR 200.30–3(a)(29). identified, comments and suggestions collection of information may be
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obtained at no charge from Walter NHTSA therefore promulgated 49 owners, purchasers, and dealers if the Culbreath, NHTSA 400 Seventh Street, CFR part 512 Confidential Business manufacturer (1) ‘‘learns’’ that any SW., Room 5208, NAD–40,Washington, Information to establish the procedure vehicle or equipment manufactured by DC 20590. Mr. Culbreath’s telephone by which NHTSA will consider claims it contains a defect and decides in good number is (202) 366–1566. Please that information submitted to the faith that the defect relates to motor identify the relevant collection of agency, or which it otherwise obtains, is vehicle safety, or (2) ‘‘decides in good information by referring to its OMB confidential business information. faith’’ that the vehicle or equipment Control Number. Because of part 512, both NHTSA and does not comply with an applicable SUPPLEMENTARY INFORMATION: Under the the submitters of information for which Federal motor vehicle safety standard. Paperwork Reduction Act of 1995, confidential treatment is requested are The only way for the agency to decide before an agency submits a proposed now able to ensure that confidentiality if and when a manufacturer ‘‘learned’’ collection of information to OMB for requests are properly substantiated and of a safety-related defect or ‘‘decided in approval, it must first publish a expeditiously processed. good faith’’ that some products did not document in the Federal Register Estimated Annual Burden: 600 hours. comply with an applicable Federal providing a 60-day comment period and Number of Respondents: 150 motor vehicle safety standard is for the otherwise consult with members of the (2) Title: 49 CFR Part 557, Petitions agency to have access to the information public and affected agencies concerning for hearings on Notifications and available to the manufacturer. each proposed collection of information. Remedy on Defects Further, 49 U.S.C. 30118(a) requires The OMB has promulgated regulations OMB Control Number: 2127–0039. NHTSA to immediately notify a describing what must be included in Affected Public: Business or other-for- manufacturer if the agency determines such a document. Under OMB’s profit, individuals or households. that some of the manufacturer’s regulation (at 5 CFR 1320.8(d), an Abstract: NHTSA’s statutory authority products either do not comply with an agency must ask for public comment on at 49 U.S.C. 30118(e) and 30120(e) applicable Federal motor vehicle safety the following: specifies that ‘‘on petition of any standard or contain a safety-related (i) Whether the proposed collection of interested person,’’ NHTSA may hold defect, and provide the manufacturer information is necessary for the proper hearings to determine whether a with all the information on which the performance of the functions of the manufacturer of motor vehicles or motor determination is based. Agency agency, including whether the vehicle equipment has met its obligation determinations of noncompliance are information will have practical utility; to notify owners, purchasers, and generally based upon actual testing (ii) The accuracy of the agency’s dealers of vehicles or equipment of a conducted by or for the agency. estimate of the burden of the proposed defect or noncompliance and to remedy However, defect determinations depend collection of information, including the a defect or noncompliance for Federal heavily upon review of consumer validity of the methodology and Motor Vehicle Safety Standards for complaints submitted to the assumptions used; some of the products the manufacturer manufacturer, communications between (iii) How to enhance the quality, produces. manufacturers and suppliers, and the utility, and clarity of the information to To address these areas, NHTSA has manufacturers’ analyses of field be collected; promulgated 49 CFR part 557, Petitions problems and/or warranty claims. (iv) How to minimize the burden of for Hearings on Notification and Without these complaints and the collection of information on those Remedy of Defects, which adopts a manufacturer documents, NHTSA who are to respond, including the use uniform regulation that establishes would have only limited access to of appropriate automated, electronic, procedures to provide for submission information about vehicle or equipment mechanical, or other technological and disposition of petitions, and to hold problems. collection techniques or other forms of hearings on the issue of whether the To ensure that NHTSA will have information technology, e.g. permitting manufacturer has met its obligation to access to this type of information, the electronic submission of responses. notify owners, distributors, and dealers agency exercised the authority granted In compliance with these of safety related defects or in 49 U.S.C. 30166(e) and promulgated requirements, NHTSA asks for public noncompliance and to remedy the 49 CFR part 576, Record Retention. This comments on the following proposed problems by repair, repurchase, or regulation requires manufacturers of collections of information: replacement. motor vehicles to retain one copy of all (1) Title: 49 CFR Part 512, Estimated Annual Burden: 21 hours. records that contain information Confidential Business Information. Number of Respondents: 21. concerning malfunctions that may be OMB Control Number: 2127–0025. (3) Title: 49 CFR Part 576, Record related to motor vehicle safety for a Affected Public: Business or other-for- Retention. period of five years after the record is profit, individuals or households. OMB Control Number: 2127–0042. generated or acquired by the Abstract: NHTSA’s statutory authority Affected Public: Business or other for- manufacturer. at 49 CFR chapter 301 prohibits, with profit. Estimated Annual Burden: 40,000. certain exceptions, the agency from Abstract: Under 49 U.S.C. 30166(e), Number of Respondents: 1,000. making public confidential information NHTSA ‘‘reasonably may require a (4) Title: 49 CFR part 552, Petitions which it obtains. On the other hand, the manufacturer of a motor vehicle or for Rulemaking, Defect and Administrative Procedure Act requires motor vehicle equipment to keep Noncompliance Orders. all agencies to make public all non- records, and a manufacturer, distributor, OMB Control Number: 2127–0046. confidential information upon request, or dealer to make reports, to enable Affected Public: Business or other-for- (5 U.S.C. 552) and all agency rules to be (NHTSA) to decide whether the profit, Individuals or households. supported by substantial evidence in the manufacturer, distributor or dealer has Abstract: 49 U.S.C. 30162 specifies public record (5 U.S.C. 706). It is complied or is complying with this that any ‘‘interested person may file a therefore very important for the agency chapter or a regulation prescribed under petition with the Secretary of to promptly determine whether or not this chapter.’’ Transportation requesting the Secretary information it obtains should be 49 U.S.C. 30118(c) requires to begin a proceeding’’ to prescribe a accorded confidential treatment. manufacturers to notify NHTSA and motor vehicle safety standard under 49
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U.S.C. chapter 301, or to decide whether FR 24252). This notice denies the the restraint system to become fully extended to issue an order under 49 U.S.C. application. prior to impact unless the retractor can lock 30118(b). 49 U.S.C. 30111 gives the According to GM, from November at values under 1.0 gravity. In order to Secretary authority to prescribe motor 1998 through August 1999, the company balance the convenient use of the system with the necessity to have it perform its vehicle safety standards. 49 U.S.C. manufactured approximately 463,513 safety restraint function, General Motors 30118(b) gives the Secretary authority to 1999 and 2000 model year Chevrolet S– believes the standard should require that an issue an order to a manufacturer to 10 and GMC Sonoma pickup trucks and emergency locking retractor should not lock notify vehicle or equipment owners, the Chevrolet Blazer/Trail Blazer, GMC below 0.3 gravity but must lock above 0.7 purchasers, and dealers of the defect or Jimmy/Envoy, and Oldsmobile Bravada gravity.’’ (35 FR 4641) noncompliance and to remedy the sport utility vehicles that failed the The subject ELRs locked at levels as defect or noncompliance. performance requirement of S4.3(j)(1) of high as 1.2 g, which is not the Section 30162 further specifies that FMVSS No. 209 which states, ‘‘*** ‘‘optimum performance * * * expected all petitions filed under its authority Shall lock before the webbing extends from an upper torso restraint system,’’ shall set forth the facts which it is 25 mm when the retractor is subjected 2 which currently is required at 0.7 g, as claimed establish that an order is to an acceleration of 7 m/s (0.7g) . . .’’ recommended by GM in their response necessary and briefly describe the order GM stated that the noncompliance to the 1970 NPRM. GM determined by the Secretary should issue. results from a plastic flash (burr) on the its dynamic frontal barrier test data that To implement these statutory mechanical sensor lever near its pivot onset shoulder belt loading occurs prior provisions, NHTSA promulgated part where it mates to the sensor housing. to the time it takes for the seat belt 552 according to the informal This flash can cause a nonconformance assembly to reach 1.2 g. NHTSA shares rulemaking provisions of the to the 0.7 g locking requirement due to the same concern GM had in its 1970 Administrative Procedure Act (5 U.S.C. potential increased drag of the sensor NPRM response that, 553 et seq.) This regulation allows the lever in the housing. GM believes that agency to ensure that the petitions filed only a very small portion of the subject ‘‘during panic braking, an occupant may be under section 30162 are both properly retractors fail to meet the 0.7 g retractor subjected to deceleration forces well under 1.0 gravity. These decelerations usually cause substantiated and efficiently processed. locking requirement and the the occupant to move relative to the vehicle Estimated Annual Burden: 100 hours. transportation shock and vibration that unless restrained. In many instances, vehicle Number of Respondents: 100. the subject retractors might experience impacts are immediately preceded by panic Issued on: August 13, 2001. during transit to dealerships, either by braking which may cause the restraint system Herman L. Simms, rail or truck (haulaway), would make to become fully extended prior to impact compliant a large percentage of the unless the retractor can lock at values under Associate Administrator for Administration. noncompliant retractors. 1.0 gravity.’’ [FR Doc. 01–20669 Filed 8–15–01; 8:45 am] GM stated that the subject seat belt Since these subject retractors do not BILLING CODE 4910–59–P assemblies locked at no more than 1.2 lock at deceleration forces below 1.0 g, g. GM provided dynamic frontal barrier but instead lock up at 1.2 g, the delay test data demonstrating that onset DEPARTMENT OF TRANSPORTATION in lockup time may cause occupants to shoulder belt loading occurs prior to the move about more freely in a frontal National Highway Traffic Safety time it takes for the seat belt assembly crash or in a rollover, and thus be Administration to reach 1.2 g. In addition, GM injured by striking the interior of the calculated the acceleration to lock the vehicle. The injury potential may apply [Docket No. NHTSA 2000–7125 Notice 2] retractor in a rollover simulation and more so to those who sit in a full concluded that the subject retractors General Motors Corporation; Denial of forward seating position, or close to an will lock up prior to rollover. object such as the steering wheel, the Application for Determination of No responses were received on the Inconsequential Noncompliance knee bolster, or other parts of the request for public comments. interior of the vehicle. GM did not General Motors Corporation (GM) has The purpose of the emergency locking provide any dynamic frontal crash determined that seat belt assemblies in retractor (ELR) requirement is to lock injury criteria data to disprove the delay certain 1999–2000 Model Year the webbing spool and restrain an in lockup might not cause injury to an Chevrolet S–10 and GMC Sonoma occupant’s travel distance before the occupant with these noncompliant pickup trucks and Chevrolet Blazer/ occupant strikes the vehicle’s interior retractors. Trail Blazer, GMC Jimmy/ Envoy, and structure during panic braking to avoid GM believes that the pre-sale delivery Oldsmobile Bravada sport utility death and injury. In establishing the transportation shock and vibration that vehicles failed to comply with the levels for the ELR requirement, in the subject retractors might experience requirements of Federal Motor Vehicle response to the March 17, 1970 Notice during transit to dealerships, either by Safety Standard (FMVSS) No. 209 ‘‘Seat of Proposed Rulemaking (NPRM) to rail or truck (haulaway), would jar a lot Belt Assemblies,’’ and filed an amend S4.3(j)(1) of FMVSS No. 209 GM of the burrs off of these parts and make appropriate report pursuant to 49 CFR stated, compliant a large percentage of the part 573, ‘‘Defect and Noncompliance ‘‘General Motors believes that emergency noncompliant retractors. However, GM Information Reports.’’ GM also applied locking retractors should lock during panic admits that some noncompliant to be exempted from the notification braking maneuvers if optimum performance retractors will remain and a safety risk and remedy requirements of 49 U.S.C. is to be expected from an upper torso will still exist. 30118—30120 on the basis that the restraint system that is equipped with such In order for NHTSA to decide an noncompliance is inconsequential to retractors. During panic braking, an occupant inconsequentiality petition, it is may be subjected to deceleration forces well motor vehicle safety. See 49 U.S.C. under 1.0 gravity. These decelerations necessary to determine whether the 30118(d) and 30120(h). usually cause the occupant to move relative particular noncompliance is likely to Notice of receipt of the application to the vehicle unless restrained. In many increase the risk that an occupant will was published on April 25, 2000, and an instances, vehicle impacts are immediately experience the type of injury that the opportunity afforded for comment (65 preceded by panic braking which may cause requirement is intended to prevent.
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Arguments that only a small number of invited further public comment about Issued in Washington, DC on August 10, vehicles or pieces of motor vehicle integrity management concepts as they 2001. equipment are affected generally will relate to gas pipelines. A copy of the Stacey L. Gerard, not justify granting a petition. But, more notice and comments received in docket Associate Administrator for Pipeline Safety. importantly, the key issue is whether number RSPA 00–7666 are available [FR Doc. 01–20634 Filed 8–15–01; 8:45 am] the noncompliance is likely to increase over the Internet from the DOT Dockets BILLING CODE 4910–60–P the safety risk to occupants. Cosco, Inc.; Management System http://dms.dot.gov. Denial of Application for To prepare the TPSSC for future Inconsequential Noncompliance, 64 FR consideration of proposed rules on DEPARTMENT OF TRANSPORTATION 29408 (June 1, 1999). In this instance, integrity management programs for gas we conclude that the noncompliance is pipelines, RSPA will brief the Surface Transportation Board likely to increase a safety risk to users Committee on integrity management [STB Finance Docket No. 34078] of the restraint system. concepts for gas pipelines and on the In consideration of the foregoing, it is comments received in response to the Carrizo Gorge Railway Inc.-Operation hereby found that the applicant has notice. Exemption-Line of San Diego and failed to meet its burden of persuasion Discussions will be focused on a Arizona Eastern Railway Company and that the noncompliance herein summary of comments on the seven San Diego & Imperial Valley Railroad described is inconsequential to safety, elements described in the notice: Company, Inc and its application is denied. 1. Defining high consequence areas. Carrizo Gorge Railway Inc. (CZRY), a (49 U.S.C. 30118, 30120; delegations of 2. Identifying and evaluating threats noncarrier, has filed a notice of authority at 49 CFR 1.50 and 49 CFR 501.8) to pipeline integrity. exemption under 49 CFR 1150.31 to Issued on: August 13, 2001. 3. Selecting the assessment operate approximately 6.2 miles of rail Stephen R. Kratzke, technologies. line currently owned by San Diego and Associate Administrator for Safety 4. Determining time frames to conduct Arizona Eastern Railway Company Performance Standards. a baseline integrity assessment and to (SD&AE) and controlled through [FR Doc. 01–20667 Filed 8–15–01; 8:45 am] make repairs. management by San Diego & Imperial BILLING CODE 4910–59–P 5. Identifying and implementing Valley Railroad Company, Inc. (SDIY). additional preventive and mitigative The rail line extends between the measures. International Border between the United DEPARTMENT OF TRANSPORTATION 6. Continually evaluating and States and Mexico, milepost 59.60 at reassessing pipeline segments. Research and Special Programs Division, CA, and milepost 65.80 at 7. Monitoring the effectiveness of the 1 Administration (RSPA) Campo, CA (subject line). management process. CZRY states that, for 17 years until [Docket No. RSPA–98–4470] In addition, the TPSSC will be briefed July 1, 2001, pursuant to an operation on the progress of the American Society and management agreement with Pipeline Safety: Meeting of Gas of Mechanical Engineers’ B31.8 SD&AE, SDIY provided freight service Pipeline Safety Advisory Committee Committee on the Integrity Management over a rail line that extends a distance AGENCY: Office of Pipeline Safety, Standard. This new standard will of approximately 130 miles between San Research and Special Programs outline the technical guidance for Diego, CA, and a point near Plaster City, Administration, DOT. implementation of an operator’s CA (the San Diego-Plaster City line), integrity management plan, including ACTION: Notice of technical pipeline including the Tijuana and Tecate safety standards advisory committee data management, quality control, Railroad (T&T), with approximately 45 meeting (TPSSC). management of change and miles of that line located in Mexico.2 communication. See San Diego & Imperial Valley R. Co., SUMMARY: Pursuant to section 10(a)(2) of Information on Services for Individuals Inc.—Exemption, 1 I.C.C.2d 941 (1985). the Federal Advisory Committee Act With Disabilities CZRY further states that, effective July (Pub. L. 92–463, 5 U.S.C. App. 1) notice 1, 2001, a unit of the Mexican is given of a public meeting of the For information on facilities or government awarded it the right to Technical Pipeline Safety Standards services for individuals with disabilities operate the T&T. Committee (TPSSC) to be conducted by or to request special assistance at the CZRY indicates that it and SDIY have the Research and Special Programs meeting, contact Juan Carlos Martinez at entered into an Interchange Agreement Administration’s (RSPA), Office of (202) 366–1933. (Agreement), as of June 28, 2001, Pipeline Safety (OPS). The meeting will FOR FURTHER INFORMATION CONTACT: whereby CZRY is authorized to operate be held on Thursday, September 13, Cheryl Whetsel, OPS, (202) 366–4431 or the subject line for the purpose of 2001 from 9 a.m. to 5 p.m. Richard Huriaux, OPS, (202) 366–4565, interchanging traffic that originated or The TPSSC is a statutorily mandated regarding the subject matter of this will terminate in Mexico with SDIY. advisory committee that advises RSPA notice. on proposed safety standards for gas 1 SD&AE is owned by the San Diego Metropolitan SUPPLEMENTARY INFORMATION: pipelines. The committee consists of 15 Members Transit Development Board, a noncarrier public members—five each representing of the public may attend the meeting in agency which operates light rail passenger transit government, industry, and the public. person at Dulles Airport Marriott, 45020 service over a portion of the San Diego-Plaster City Aviation Drive, Dulles, VA 20166; line between San Diego, CA, and the International On July 27, 2001, RSPA issued a Border between the United States and Mexico at notice of request for comments, phone (703) 471–9500. Due to limited San Ysidro, CA/Tijuana, MX. ‘‘Pipeline Safety: Integrity Management space, anyone wishing to attend or See San Diego & Imperial Valley Railroad in High Consequence Areas (Gas participate should notify Juan Carlos Company, Inc.-Exemption From 49 U.S.C. 10901 and 11301, Finance Docket No. 30457 (ICC served Transmission Pipelines),’’ (66 FR Martinez, at (202) 366–1933, not later than August 30, 2001. Aug. 17, 1984). 34318). RSPA sought further 2 The Board has no jurisdiction over track located information and clarification, and Authority: 49 U.S.C. 60102, 60115. in Mexico. Id. at n.3.
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CZRY has been operating over the DATES: Comments must be received no (1)a. Departmental Offices (DO): 1500 subject line pursuant to that Agreement later than September 17, 2001. The Pennsylvania Ave., NW, Washington, since July 1, 2001. CZRY further proposed system of records will be DC 20220. indicates that, since late May 2001, it effective September 25, 2001, unless the b. Financial Crimes Enforcement has been transporting sand over the Department receives comments that Network (FinCEN): 2070 Chain Bridge subject line pursuant to a CZRY–SDIY would result in a contrary Road, Vienna, VA 22182. Detour Agreement dated May 25, 2001. determination. c. The Office of Inspector General CZRY asserts that it only recently (OIG): 740 15th Street, NW, Washington, ADDRESSES: Comments should be sent to became aware that its operations over DC 20220. the Office of Asset Management, the subject line required authority from d. Treasury Inspector General for Tax Department of the Treasury, 1310 G the Board or an exemption, and that it Administration (TIGTA): 1111 Street NW, Suite 400W, Washington, DC has acted diligently in filing its notice Constitution Ave., NW, Washington, DC 20220. of exemption upon learning of such 20224. requirement. CZRY certifies that its FOR FURTHER INFORMATION CONTACT: e. Community Development Financial projected revenues will not exceed Carolyn Austin-Diggs, Director, Office of Institutions Fund (CDFI): 601 13th those that would qualify it as a Class III Asset Management, (202) 622–0500. Street, NW, Washington, DC 20005. rail carrier and that its revenues are not Fax: (202) 622–1468. (2) Bureau of Alcohol, Tobacco and projected to exceed $5 million. SUPPLEMENTARY INFORMATION: The Firearms (ATF): 650 Massachusetts The transaction was scheduled to be Department of the Treasury is giving Avenue, NW, Washington, DC 20226. consummated on or shortly after August notice of the new system of records (3) Office of the Comptroller of the 1, 2001 (7 days after the exemption was which is subject to the Privacy Act. The Currency (OCC): 250 E Street, SW, filed). proposed system of records will Washington, DC 20219–0001. If the notice contains false or maintain Treasury-wide information of (4) United States Customs Service misleading information, the exemption incidents involving occupational (CS): 1300 Pennsylvania Avenue, NW, is void ab initio. Petitions to revoke the illnesses, injuries and near-misses to Washington, DC 20229. exemption under 49 U.S.C. 10502(d) Treasury employees and contractors. (5) Bureau of Engraving and Printing may be filed at any time. The filing of The system will also maintain records (BEP): 14th & C Streets, SW, a petition to revoke will not on such incidents for members of the Washington, DC 20228. automatically stay the transaction. public while on federal property as (6) Federal Law Enforcement Training An original and 10 copies of all well. Further, the system will maintain Center (FLETC): Glynco, GA 31524. pleadings, referring to STB Finance files of environmental incidents, (7) Financial Management Service Docket No. 34078, must be filed with government vehicle accidents, property (FMS): 401 14th Street, SW, the Surface Transportation Board, Office losses (such as fires, weather related, Washington, DC 20227. of the Secretary, Case Control Unit, 1925 earthquakes, etc.), and tort claims. (8) Internal Revenue Service (IRS): K Street, NW., Washington, DC 20423– The new system of records report, as 1111 Constitution Avenue, NW, 0001. In addition, one copy of each required by 5 U.S.C. 552a(r), has been Washington, DC 20224. pleading must be served on Thomas F. submitted to the Committee on (9) United States Mint (MINT): 801 McFarland, 208 South LaSalle Street, Government Reform and Oversight of 9th Street, NW, Washington, DC 20220. Suite 1890, Chicago, IL 60604–1194. the House of Representatives, the (10) Bureau of the Public Debt (BPD): Board decisions and notices are Committee on Government Affairs of the 200 Third Street, Parkersburg, WV available on our website at Senate, and the Office of Management 26101. ‘‘WWW.STB.DOT.GOV.’’ and Budget, pursuant to Appendix I to (11) United States Secret Service (USSS): 950 H Street, NW, Washington, Decided: August 9, 2001. OMB Circular A–130, Federal Agency Responsibilities for Maintaining DC 20001. By the Board, David M. Konschnik, (12) Office of Thrift Supervision Director, Office of Proceedings. Records About Individuals, dated February 8, 1996. (OTS): 1700 G Street, NW, Washington, Vernon A. Williams, DC 20552. Secretary. The proposed system of records, [FR Doc. 01–20511 Filed 8–15–01; 8:45 am] Treasury .011—Treasury Safety Incident CATEGORIES OF INDIVIDUALS COVERED BY THE Management Information System, is SYSTEM: BILLING CODE 4915–00–P published in its entirety below. Current and past Treasury employees Dated: August 8, 2001. and contractors who are injured on DEPARTMENT OF THE TREASURY W. Earl Wright, Jr., Department of the Treasury property or Chief Management and Administrative while in the performance of their duties Privacy Act of 1974, as Amended; Programs Officer. offsite. Members of the public who are System of Records injured on Department of the Treasury Treasury .011 property are also included in the AGENCY: Department of the Treasury. system. SYSTEM NAME: ACTION: Notice of proposed privacy act CATEGORIES OF RECORDS IN THE SYSTEM: system of records. Treasury Safety Incident Management Information System (SIMIS)—Treasury Records in this system pertain to SUMMARY: In accordance with the medical injuries and occupational requirements of the Privacy Act of 1974, SYSTEM LOCATION: illnesses of employees which include as amended, 5 U.S.C. 552a, the Department of the Treasury, 1500 social security numbers, full names, job Department of the Treasury gives notice Pennsylvania Ave., NW, Washington, titles, government and home addresses of a proposed system of records entitled DC 20220. Other locations at which the (city, state, zip code), home telephone ‘‘Treasury .011—Treasury Safety system is maintained by Treasury numbers, work telephone numbers, Incident Management Information components and their associated field work shifts, location codes, and gender. System.’’ offices are: Mishap information on environmental
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incidents, vehicle accidents, property violation of civil or criminal law or representatives under 5 U.S.C. chapter losses and tort claims will be included regulation; 71, arbitrators, and other parties also. In addition, there will be records (2) Disclose pertinent information to responsible for the administration of the such as results of investigations, the Department of Justice for the Federal labor-management program if corrective actions, supervisory purpose of litigating an action or needed in the performance of their information, safety representatives seeking legal advice; authorized duties; names, data as to chemicals used, (3) Disclose information to the Office (10) Disclose information to the Equal processes affected, causes of losses, etc. of Workers’ Compensation Programs, Employment Opportunity Commission, Records relating to contractors include Department of Labor, which is Merit Systems Protection Board, full name, job title, work addresses (city, responsible for the administration of the arbitrators, the Federal Labor Relations state, zip code), work telephone Federal Employees’ Worker Authority, and other parties responsible number, location codes, and gender. Compensation Act (FECA); for the administration of the Federal Records pertaining to a member of the (4) Disclose information to a Federal, labor management program for the public include full name, home address State, local, or other public authority purpose of processing any corrective (city, state, zip code), home telephone maintaining civil, criminal or other actions or grievances or conducting number, location codes and gender. relevant enforcement information or administrative hearings or appeals, or if (Official compensation claim file, other pertinent information, which has needed in the performance of other maintained by the Department of requested information relevant to or authorized duties; necessary to the requesting agency’s, Labor’s Office of Workers’ (11) Disclose information to a Federal, bureau’s, or authority’s hiring or Compensation Programs (OWCP), is part State, or local public health service retention of an individual, or issuance of that agency’s system of records and agency as required by applicable law, of a security clearance, license, contract, not covered by this notice.) concerning individuals who have grant, or other benefit; contracted or who have been exposed to AUTHORITY FOR MAINTENANCE OF THE SYSTEM: (5) Disclose information in a proceeding before a court, adjudicative certain communicable diseases or 5 U.S.C. 301, Executive Order 12196, conditions. Such information is used to section 1–2. body, or other administrative body before which the Department of the prevent further outbreak of the disease PURPOSES(S): Treasury (agency) is authorized to or condition; This system of records supports the appear when: (a) The agency, or (b) any (12) Disclose information to development and maintenance of a employee of the agency in his or her representatives of the General Services Treasury-wide incident tracking and official capacity, or (c) any employee of Administration (GSA) or the National reporting system and will make it the agency in his or her individual Archives and Records Administration possible to streamline a cumbersome capacity where the Department of (NARA) who are conducting records paper process. Current web technology Justice or the agency has agreed to management inspections under will be employed and facilitate represent the employee; or (d) the authority of 44 U.S.C. 2904 and 2906. obtaining real-time data and reports United States, when the agency POLICIES AND PRACTICES FOR STORING, related to injuries and illnesses. As an determines that litigation is likely to RETRIEVING, ACCESSING, RETAINING, AND enterprise system for the Department affect the agency, is a party to litigation DISPOSING OF RECORDS IN THE SYSTEM: and its component bureaus, incidents or has an interest in such litigation, and STORAGE: analyses can be performed instantly to the use of such records by the agency is affect a more immediate implementation deemed to be relevant and necessary to Maintained in hardcopy and of corrective actions and to prevent the litigation or administrative electronic media. future occurrences. Information proceeding and not otherwise RETRIEVABILITY: pertaining to past and all current privileged; employees and contractors injured on (6) Disclose information to a Records can be retrieved by name, or Treasury property or while in the congressional office in response to an by categories listed above under performance of their duties offsite, as inquiry made at the request of the ‘‘Categories of records in the system.’’ well as members of the public injured individual to whom the record pertains; SAFEGUARDS: while on Federal property, will be (7) Disclose information to a gathered and stored in SIMIS. This data contractor for the purpose of processing Protection and control of any will be used for analytical purposes administrative records and/or sensitive but unclassified (SBU) records such as trend analysis, and the compiling, organizing, analyzing, are in accordance with TD P 7110, forecasting/projecting of incidents. The programming, or otherwise refining Department of the Treasury Security data will be used to generate graphical records subject to the same limitations Manual. The hardcopy files and reports resulting from the analyses. applicable to U.S. Department of the electronic media are secured in locked Treasury officers and employees under rooms. Access to the records is available ROUTINE USES OF RECORDS MAINTAINED IN THE the Privacy Act; only to employees responsible for the SYSTEM, INCLUDING CATEGORIES OF USERS AND (8) Disclose information to a court, management of the system and/or THE PURPOSES OF SUCH USES: magistrate, or administrative tribunal in employees of program offices who have These records may be used to: the course of presenting evidence, a need for such information and have (1) Disclose pertinent information to including disclosures to opposing been subject to a background check and/ appropriate Federal, State, local, or counsel or witnesses in the course of or security clearance. foreign agencies, or other public civil discovery, litigation, or settlement authority responsible for investigating negotiations or in connection with RETENTION AND DISPOSAL: or prosecuting the violations of, or for criminal law proceedings or in response Records are retained and disposed of enforcing or implementing a statute, to a subpoena where relevant or in accordance with the appropriate rule, regulation, order, or license, where potentially relevant to a proceeding; National Archives and Records the disclosing agency becomes aware of (9) Disclose information to unions Administration General Records an indication of a violation or potential recognized as exclusive bargaining Schedule No. 1.
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SYSTEM MANAGER(S) AND ADDRESS: CONTESTING RECORD PROCEDURES: Dated: August 7, 2001. Department of the Treasury official See ‘‘Notification Procedures’’ above. Wanda J. Rogers, prescribing policies and practices: Director, Financial Accounting and Services Director, Office of Safety, Health and RECORD SOURCE CATEGORIES: Division, Financial Management Service. Environment, Department of the [FR Doc. 01–20678 Filed 8–15–01; 8:45 am] Treasury, Washington, DC 20220. Information is obtained from current BILLING CODE 4810–35–M The system managers for the Treasury Treasury employees, contractors, components are: members of the public, witnesses, 1. (a) DO: Safety and Occupational medical providers, and relevant DEPARTMENT OF VETERANS Health Manager, 1500 Pennsylvania industry experts. AFFAIRS Avenue, Room 1400 Annex, NW, Washington , DC 20220. EXEMPTIONS CLAIMED FOR THE SYSTEM: Privacy Act of 1974: System of (b) FinCEN: Safety and Occupational None. Records Health Manager, 2070 Chain Bridge [FR Doc. 01–20646 Filed 8–15–01; 8:45 am] AGENCY: Road, Vienna, VA 22182. Department of Veterans Affairs (c) OIG: Safety and Occupational BILLING CODE 4811–16–P (VA). Health Manager, 740 15th Street, NW, ACTION: Notice of establishment of a new system of records—Center for Washington, DC 20220. DEPARTMENT OF THE TREASURY (d) TIGTA: Safety and Occupational Acquisition and Materiel Management Education Online (CAMEO)—VA Health Manager, 1111 Constitution Fiscal Service Ave., NW, Washington, DC 20224. (111VA95E). (e) CDFI: Safety and Occupational Surety Companies Acceptable on SUMMARY: The Privacy Act of 1974 (5 Health Manager, 601 13th Street, NW, Federal Bonds: Correction— U.S.C. 552(e)(4)) requires that all Washington, DC 20005. Cooperativa de Seguros Multiples de agencies publish in the Federal Register 2. ATF: Safety and Occupational Puerto Rico a notice of the existence and character Health Manager, 650 Massachusetts of their systems of records. Notice is Avenue, NW, Washington, DC 20226. AGENCY: Financial Management Service, hereby given that the Department of 3. OCC: Safety and Occupational Fiscal Service, Department of the Veterans Affairs (VA) is establishing a Health Manager, 250 E Street, SW, Treasury. new system of records entitled ‘‘Center Washington, DC 20219–0001. for Acquisition and Materiel 4. CS: Safety and Occupational Health ACTION: Notice. Management Education Online Manager, 1300 Pennsylvania Avenue, (CAMEO)—VA’’ (111VA95E). NW, Washington, DC 20229. SUMMARY: This is Supplement No. 1 to 5. BEP: Safety and Occupational the Treasury Department Circular 570; DATES: Comments on this new system of Health Manager, 14th & C Streets, SW, 2001 Revision, published July 2, 2001, records must be received no later than Washington, DC 20228. at 66 FR 35024. September 17, 2001. If no public 6. FLETC: Safety and Occupational comment is received, the new system FOR FURTHER INFORMATION CONTACT: will become effective September 17, Health Manager, Glynco, GA, 31524. Surety Bond Branch at (202) 874–6765. 7. FMS: Safety and Occupational 2001. Health Manager, PG 3700 East-West SUPPLEMENTARY INFORMATION: The ADDRESSES: Mail or hand-deliver Highway, Hyatsville, MD 20782. underwriting limitation for Cooperatival written comments concerning the 8. IRS: Safety and Occupational de Seguros Multiples de Puerto Rico, proposed new system of records to: Health Manager, 1111 Constitution which was last listed in Treasury Director, Office of Regulations Avenue, NW, Washington, DC 20224. Department Circular 570, July 2, 2001 Management (02D), Department of 9. MINT: Safety and Occupational revision at 66 FR 35034 as $12,640,000, Veterans Affairs, 810 Vermont Avenue, Health Manager, 801 9th Street, NW, is hereby corrected to read $14,450,000, NW, Washington, DC 20420; or fax Washington, DC 20220. effective today. comments to (202) 273–9289; or e-mail 10. BPD: Safety and Occupational Federal bond-approving officers comments to Health Manager, 200 Third Street, should annotate their reference copies [email protected]. Parkersburg, WV 26101. of the Treasury Circular 570, 2001 Comments should indicate that they are 11. USSS: Safety and Occupational Revision, at page 35034 to reflect this submitted in response to ‘‘111VA95E.’’ Health Manager, 950 H Street, NW, change. The Circular may be viewed All comments received will be available Washington, DC 20001. and downloaded through the Internet at for public inspection in the Office of 12. OTS: Safety and Occupational http://www.fms.treas.gov/c570/ Regulations Management, Room 1158, Health Manager, 1700 G Street, NW, index.html. A hard copy may be between the hours of 8 a.m. and 4:30 Washington, DC 20552. purchased from the Government p.m., Monday through Friday (except holidays). NOTIFICATION PROCEDURE: Printing Office (GPO), Subscription Service, Washington, DC, telephone FOR FURTHER INFORMATION CONTACT: Individuals seeking notification and (202) 512–1800. When ordering the access to any record contained in the Emily Sherman (95E), Office of Circular from GPO, use the following Acquisition and Materiel Management, system of records, or seeking to contest stock number: 769–004–04067–1. its content, may inquire in accordance Department of Veterans Affairs, 810 with instructions pertaining to Questions concerning this notice may Vermont Avenue, NW, Washington, DC individual Treasury components be directed to the U.S. Department of 20420; telephone (202) 273–6083. appearing at 31 CFR part 1, subpart C, the Treasury, Financial Management SUPPLEMENTARY INFORMATION: The VA appendices, A–L. Service, Financial Accounting and Office of Acquisition and Materiel Services Division, Surety Bond Branch, Management (OA&MM) is responsible RECORD ACCESS PROCEDURES: 3700 East-West Highway, Room 6A04, for overseeing the acquisition, storage, See ‘‘Notification Procedures’’ above. Hyattsville, MD 20782. and distribution of supplies, services,
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and equipment used by VA facilities. 1. Disclosure may be made to a VA, in order for the contractor or OA&MM is the primary source of Congressional office from the record of subcontractor to perform the services of acquisition and materiel management an individual in response to an inquiry the contract or agreement. training to approximately 6,000 VA from the Congressional office made at VA must be able to provide employees. VA’s acquisition and the request of that individual. information to contractors or materiel management employees are Individuals sometimes request the subcontractors with whom VA has a geographically dispersed throughout the help of a Member of Congress in contract or agreement in order to United States, the Commonwealth of resolving some issue relating to a matter perform the services of the contract or Puerto Rico, and the Republic of the before VA. The Member of Congress agreement. Philippines. then writes VA, and VA must be able to 5. VA may disclose on its own OA&MM’s two training organizations, give sufficient information to be initiative any information in this system the Acquisition Training and Career responsive to the inquiry. that is relevant to a suspected or Development Division (AT&CD) (95E) 2. Disclosure may be made to the reasonably imminent violation of law, and the Materiel Policy, Training, and National Archives and Records whether civil, criminal or regulatory in Operations Division (MPT&OD) (92), are Administration (NARA) in records nature and whether arising by general or responsible for management of the management inspections conducted program statute or by regulation, rule or training and career development under the authority of Title 44 U.S.C. order issued pursuant thereto, to a programs for VA’s acquisition and NARA is responsible for archiving old Federal, State, local, tribal, or foreign materiel management work force. records no longer actively used, but agency charged with the responsibility AT&CD and MPT&OD staff schedule which may be appropriate for of investigating or prosecuting such courses, allocate funds and class slots preservation; they are responsible in violation, or charged with enforcing or for VA acquisition and materiel general for the physical maintenance of implementing the statute, regulation, management staff, and maintain records the Federal Government’s records. VA rule or order. of training. In addition, AT&CD staff must be able to turn records over to VA must be able to comply with the will be responsible for maintaining the NARA in order to determine the proper requirements of agencies charged with central, VA-wide acquisition work force disposition of such records. enforcing the law and investigations of training database required by Office of 3. Records from this system of records violations or possible violations of law. Federal Procurement Policy (OFPP) may be disclosed to the Department of VA must also be able to provide Policy Letter 97–01, ‘‘Procurement Justice (DOJ) or in a proceeding before information to Federal, State, local, System Education, Training and a court, adjudicative body, or other tribal and foreign agencies charged with Experience Requirements for administrative body before which the protecting the public health as set forth Acquisition Personnel.’’ Agency is authorized to appear when: in law. VA’s database will be titled ‘‘Center (1) The Agency, or any component 6. Disclosure may be made to an for Acquisition and Materiel thereof; (2) any employee of the Agency appeal, grievance, hearing, or Management Education Online in his or her official capacity, where complaints examiner; an equal (CAMEO)—VA’’ and is the subject of DOJ or the Agency has agreed to employment opportunity investigator, this notice. The purpose of CAMEO is represent the employee; or (3) the arbitrator, or mediator; and an exclusive to collect and maintain training and United States, when the Agency representative or other person education data for VA’s acquisition and determines that litigation is likely to authorized to investigate or settle a materiel management work force. Once affect the Agency or any of its grievance, complaint, or appeal filed by developed, the database will components; is a party to litigation, and an individual who is the subject of the electronically interface with the has an interest in such litigation, and record. Government-wide acquisition work the use of such records by DOJ or the Whenever VA is involved in an force management information system, Agency is deemed by the Agency to be appeal, grievance, or complaint, or entitled ‘‘Acquisition Career relevant and necessary to the litigation, occasionally when another party is Management Information System provided, however, that the disclosure involved and VA policies or operations (ACMIS).’’ ACMIS is being developed is compatible with the purpose for could be affected by the outcome, VA by OFPP in response to a statutory which the records were collected. would be able to disclose information to mandate at 41 U.S.C. 433(d)—‘‘The Whenever VA is involved in the examiner or other official or parties Administrator shall ensure that the litigation, or occasionally when another involved. A determination would be heads of executive agencies collect and party is involved in litigation and VA made in each instance that, under the maintain standardized information on policies or operations could be affected circumstances involved, the purpose the acquisition work force related to by the outcome of the litigation, VA served by use of the information is implementation of [Section 37 of the would be able to disclose information to compatible with a purpose for which OFPP Act]. To the maximum extent the court or parties involved. A VA collects the information. The practicable, such data requirements determination would be made in each information may be needed by the shall conform to standards established instance that, under the circumstances examiner or investigator in order to by the Office of Personnel Management involved, the purpose served by use of resolve a grievance. Inability to release for the Central Personnel Data File.’’ the information in the particular the data may have a negative impact on The Privacy Act Notice of Establishment litigation is compatible with a purpose the individual filing the grievance. of a New System of Records for ACMIS, for which VA collects the information. 7. Disclosure may be made to the GSA/OAP–2, was published by the 4. Disclosure of relevant information Office of Personnel Management (OPM), General Services Administration in the may be made to individuals, the Office of Management and Budget Federal Register on November 6, 2000 organizations, private or public (OMB), and the General Accounting (65 FR 66544). agencies, or other entities with whom Office (GAO) in order for them to VA is proposing to establish the VA has a contract or agreement or where perform their responsibilities for following routine use disclosures of the there is a subcontract to perform such evaluating Federal programs. information that will be maintained in services as VA may deem practicable for VA must be able to provide the system: the purposes of laws administered by information to these agencies in order
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for them to carry out their VA must be able to disclose security number, and educational level; responsibilities for evaluating Federal information to these agencies in order (2) work-related data such as duty programs. for them to fulfill their responsibilities. station, occupational series and grade, 8. Disclosure may be made to a The system of records will not contain supervisor’s name, and contracting requesting Federal agency for that information identifying individuals as officer warrant information; (3) agency’s use in connection with the veterans, and consequently, the educational qualifications such as hiring, retaining or promotion of an limitations on disclosures of the names degrees from accredited universities or employee where the information is and home addresses of veterans and colleges and business credits completed; relevant and necessary for the decision. their dependents that are normally in and (4) training information such as VA must be able to provide Routine Use No. 5 in other VA systems completed acquisition core courses and information to Federal agencies in order of records are not necessary here and total continuing education hours for the to assist them in determining the consequently have not been included in previous and current fiscal year. this Notice. qualifications of an individual seeking AUTHORITY FOR MAINTENANCE OF THE SYSTEM: employment. The notice of intent to publish and an advance copy of the system notice have Title 38, United States Code (U.S.C.), 9. Information may be disclosed to section 501, and section 37 of the Office officials of labor organizations been sent to the appropriate Congressional committees and to the of Federal Procurement Policy Act (41 recognized under 5 U.S.C. Chapter 71, U.S.C. 433). when relevant and necessary to their Director of the Office of Management and Budget (OMB) as required by 5 duties of exclusive representation PURPOSE(S): U.S.C. 552a(r) (Privacy Act) and concerning personnel policies, The records and information will be practices, and matters affecting working guidelines issued by OMB on December 12, 2000 (65 FR 77677). used to enhance training opportunities conditions. of VA employees in acquisition and VA must be able to disclose Approved: August 2, 2001. materiel management occupations; to information to officials of labor Anthony J. Principi, ensure that employees meet training organizations to assist them in fulfilling Secretary of Veterans Affairs. requirements; and to document the their responsibilities in representing training received. The system will 111VA95E employees. provide management and employees up- 10. Information may be disclosed to SYSTEM NAME: to-date information on employee officials of the Merit Systems Protection Center for Acquisition and Materiel certification levels, qualification Board or the Office of the Special Management Education Online standards, academic degrees, mandatory Counsel when requested in connection (CAMEO)—VA. and other pertinent training, and with appeals, special studies of the civil contracting officer warrant status. service and other merit systems, review SYSTEM LOCATION: ROUTINE USES OF RECORDS MAINTAINED IN THE of rules and regulations, investigation of The system is maintained for the SYSTEM, INCLUDING CATEGORIES OF USERS AND alleged or possible prohibited personnel Department of Veterans Affairs (VA) THE PURPOSES OF SUCH USES: practices, and such other functions, under contract. Records are located at 1. Disclosure may be made to a promulgated in 5 U.S.C. 1205 and 1206, the contractor’s facility, currently Congressional office from the record of or as may be authorized by law. Meridian Knowledge Solutions, Inc., an individual in response to an inquiry 4465 Brookfield Corporate Drive, Suite VA must be able to disclose from the Congressional office made at 201, Chantilly, VA 20151. In addition, information to these agencies to assist the request of that individual. information from these records or copies them in fulfilling their responsibilities. 2. Disclosure may be made to the of the records may be maintained at the 11. Information may be disclosed to National Archives and Records Department of Veterans Affairs, Office the Equal Employment Opportunity Administration (NARA) in records of Acquisition and Materiel Commission when requested in management inspections conducted Management, 810 Vermont Avenue, connection with investigations of under the authority of Title 44 U.S.C. NW, Washington, DC 20420. alleged or possible discriminatory 3. Records from this system of records practices, examination of Federal CATEGORIES OF INDIVIDUALS COVERED BY THE may be disclosed to the Department of affirmative employment programs, or for SYSTEM: Justice (DOJ) or in a proceeding before other functions of the Commission as The records include information a court, adjudicative body, or other authorized by law. concerning VA employees who work in administrative body before which the VA must be able to disclose acquisition, contracting, and materiel Agency is authorized to appear when: information to the Commission in order management positions, including (1) The Agency, or any component for it to fulfill its responsibilities to personnel in the 1100 occupational thereof; (2) any employee of the Agency protect employee rights. series, contracting officers, contracting in his or her official capacity, where 12. Information may be disclosed to officers’ technical representatives, and DOJ or the Agency has agreed to the Federal Labor Relations Authority other employees performing acquisition, represent the employee; or (3) the (including its General Counsel) when contracting, procurement, and materiel United States, when the Agency appropriate jurisdiction has been management functions. determines that litigation is likely to established and the information has affect the Agency or any of its been requested in connection with the CATEGORIES OF RECORDS IN THE SYSTEM: components; is a party to litigation, and investigation and resolution of The system will contain information has an interest in such litigation, and allegations of unfair labor practices or in needed for enhancing training the use of such records by DOJ or the connection with the resolution of opportunities of VA employees in the Agency is deemed by the Agency to be exceptions to arbitration awards when a Federal acquisition and materiel relevant and necessary to the litigation, question of material fact is raised; and management work force. Records provided, however, that the disclosure to the Federal Service Impasses Panel in include, but are not limited to: (1) is compatible with the purpose for matters they are considering. Biographical data such as name, social which the records were collected.
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4. Disclosure of relevant information practices, and such other functions, devices. Information stored in the may be made to individuals, promulgated in 5 U.S.C. 1205 and 1206, CAMEO system may be accessed by organizations, private or public or as may be authorized by law. authorized VA employees at remote agencies, or other entities with whom 11. Information may be disclosed to locations, including VA health care VA has a contract or agreement or where the Equal Employment Opportunity facilities and VA Central Office. Access there is a subcontract to perform such Commission when requested in is controlled by individually unique services as VA may deem practicable for connection with investigations of passwords/codes that must be changed the purposes of laws administered by alleged or possible discriminatory periodically by the employee or the VA, in order for the contractor or practices, examination of Federal appropriate designated personnel. The subcontractor to perform the services of affirmative employment programs, or for database is maintained by the contractor the contract or agreement. other functions of the Commission as behind a firewall that has been certified 5. VA may disclose on its own authorized by law. by the National Computer Security initiative any information in this system 12. Information may be disclosed to Association. that is relevant to a suspected or the Federal Labor Relations Authority reasonably imminent violation of law, (including its General Counsel) when RETENTION AND DISPOSAL: whether civil, criminal or regulatory in appropriate jurisdiction has been Paper records and electronic storage nature and whether arising by general or established and the information has media are maintained and disposed of program statute or by regulation, rule or been requested in connection with the in accordance with records disposition order issued pursuant thereto, to a investigation and resolution of authority approved by the Archivist of Federal, State, local, tribal, or foreign allegations of unfair labor practices or in the United States. agency charged with the responsibility connection with the resolution of of investigating or prosecuting such exceptions to arbitration awards when a SYSTEM MANAGER(S) AND ADDRESS: violation, or charged with enforcing or question of material fact is raised; and Official responsible for policies and implementing the statute, regulation, to the Federal Service Impasses Panel in procedures: Chief, Acquisition Training rule or order. matters they are considering. and Career Development Division (95E), 6. Disclosure may be made to an Office of Acquisition and Materiel appeal, grievance, hearing, or POLICIES AND PRACTICES FOR STORING, Management (90), Department of complaints examiner; an equal RETRIEVING, ACCESSING, RETAINING, AND Veterans Affairs, 810 Vermont Avenue, DISPOSING OF RECORDS IN THE SYSTEM employment opportunity investigator, NW., Washington, DC 20420. arbitrator, or mediator; and an exclusive STORAGE: representative or other person Records are maintained on paper and NOTIFICATION PROCEDURE: authorized to investigate or settle a electronic storage media, including Individuals who wish to determine grievance, complaint, or appeal filed by magnetic tape and magnetic disk media. whether this system of records contains an individual who is the subject of the information about them should contact record. RETRIEVABILITY: the System Manager at the above 7. Disclosure may be made to the Records are retrieved by name, social address. Inquiries should include the Office of Personnel Management (OPM), security number or other assigned person’s full name, social security the Office of Management and Budget identifiers of the individuals on whom number, dates of employment, date(s) of (OMB), and the General Accounting the records are maintained. contact, and return address. Office (GAO) in order for them to perform their responsibilities for SAFEGUARDS: RECORD ACCESS PROCEDURE: evaluating Federal programs. 1. Access to VA working and storage Individuals seeking information 8. Disclosure may be made to a areas is restricted to VA employees on regarding access to and/or contesting requesting Federal agency for that a ‘‘need-to-know’’ basis. Strict control the records in this system may write, agency’s use in connection with the measures are enforced to ensure that call or visit the VA facility location hiring, retaining or promotion of an disclosure to these individuals is also where they are or were employed. employee where the information is based on this same principle. Generally, relevant and necessary for the decision. VA file areas are locked after normal CONTESTING RECORD PROCEDURES: 9. Information may be disclosed to duty hours and the facilities are See Record Access Procedures above. officials of labor organizations protected from outside access by the recognized under 5 U.S.C. Chapter 71, Federal Protective Service or other RECORD SOURCE CATEGORIES: when relevant and necessary to their security personnel. Information in this system of records duties of exclusive representation 2. Access to computer rooms at VA is provided: concerning personnel policies, Central Office and health care facilities 1. By individuals on whom the record practices, and matters affecting working is generally limited by appropriate is maintained. conditions. locking devices and restricted to 2. By supervisors and managers. 10. Information may be disclosed to authorized VA employees and vendor 3. By other agency officials. officials of the Merit Systems Protection personnel. ADP peripheral devices are 4. By accredited colleges or Board or the Office of the Special placed in secure areas (areas that are universities. Counsel when requested in connection locked or have limited access) or are 5. By related correspondence. with appeals, special studies of the civil otherwise protected. 6. By other agency records. service and other merit systems, review 3. Access to the contractor’s computer of rules and regulations, investigation of rooms is restricted to authorized vendor [FR Doc. 01–20600 Filed 8–15–01; 8:45 am] alleged or possible prohibited personnel employees through electronic locking BILLING CODE 8320–01–P
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Part II
Department of Agriculture Cooperative State Research, Education, and Extension Service
Applications for FY 2002 National Research Initiative Competitive Grants Program; Notice
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DEPARTMENT OF AGRICULTURE Extramural Programs; USDA–CSREES; regulations governing the NRI, 7 CFR STOP 2299; 1400 Independence part 3411, which set forth procedures to Cooperative State Research, Avenue, SW.; Washington, DC 20250– be followed when submitting grant Education, and Extension Service 2299; or via e-mail to: RFP– proposals, rules governing the [email protected]. (This e-mail address evaluation of proposals and the Applications for FY 2002 National is intended only for receiving comments awarding of grants, and regulations Research Initiative Competitive Grants regarding this solicitation and not for relating to the post-award Program requesting information or forms.) In administration of grant projects; (b) the AGENCY: Cooperative State Research, your comments, please state that you are USDA Uniform Administrative Education, and Extension Service, responding to the FY 2002 NRICGP Requirements for Grants and USDA. solicitation for applications. Agreements with Institutions of Higher Education, Hospitals, and Other Non- ACTION: Notice of the Availability of the FOR FURTHER INFORMATION CONTACT: Profit Organizations, 7 CFR part 3019; Solicitation for Applications for the USDA/CSREES/NRI; Stop 2241; 1400 (c) the USDA Uniform Federal Fiscal Year (FY) 2002 National Research Independence Avenue, SW.; Assistance Regulations, 7 CFR part Initiative Competitive Grants Program, Washington, DC 20250–2241. Phone: 3015; (d) the USDA Uniform and Request for Stakeholder Input. (202) 401–5022. E-mail: [email protected]. Administrative Requirements for Grants SUMMARY and Cooperative Agreements to State : This notice announces the SUPPLEMENTARY INFORMATION: availability of the FY 2002 solicitation and Local Governments, 7 CFR part for applications which is titled the ‘‘NRI Table of Contents 3016; and (e) 7 U.S.C. 3103(17), which Program Description and Guidelines for Stakeholder Input defines ‘‘sustainable agriculture.’’ Catalog of Federal Domestic Assistance Proposal Preparation’’ for the National Authority and Applicable Regulations Conflicts of Interest Research Initiative (NRI) Competitive Conflicts of Interest Grants Program administered by the For the purpose of determining Project Types and Eligibility Requirements conflicts of interest in accordance with Competitive Research Grants and I. Conventional Projects Awards Management Division, II. Agricultural Research Enhancement 7 CFR 3411.12, the academic and Cooperative State Research, Education, Awards administrative autonomy of an and Extension Service (CSREES). The Funding Categories for FY 2002 institution shall be determined by solicitation invites applications for Strategic Issues reference to the 2001 Higher Education competitive grant awards in Research Opportunities Directory, published by Higher Application Materials Education Publications, Inc., 6400 agricultural, forest, and related Electronic Subscription to NRI Documents environmental sciences for FY 2002. Arlington Boulevard, Suite 648, Falls NRI Deadline Dates Church, Virginia 22042. Phone: (703) By this notice, CSREES also requests Stakeholder Input stakeholder input regarding the FY 2002 532–2305. The internet address is: http:/ NRI program solicitation from any CSREES is requesting comments /www.hepinc.com/. interested party. These comments will regarding the FY 2002 NRI solicitation for applications from any interested Project Types and Eligibility be considered in the development of the Requirements next solicitation for this program. party. In your comments, please include the name of the program and the fiscal The FY 2002 NRI program solicitation DATES: Proposals must be postmarked year solicitation for applications to solicits proposals for the following types on or before the dates provided in the which you are responding. These of projects: table at the end of this notice. comments will be considered in the Comments regarding this solicitation I. Conventional Projects development of the next solicitation for are invited for six months from the applications for the program. Such (a) Standard Research Grants: issuance of this notice. Comments comments will be used in meeting the Research will be supported that is received after that date will be requirements of section 103(c)(2) of the fundamental or mission-linked, and that considered to the extent practicable. Agricultural Research, Extension, and is conducted by individual ADDRESSES: The address for hand- Education Reform Act of 1998, 7 U.S.C. investigators, co-investigators within the delivered proposals or proposals 7613(c). Comments should be submitted same discipline, or multidisciplinary submitted using an express mail or as provided in the ‘‘Addresses’’ and teams. Any State agricultural overnight courier service is: NRI; c/o ‘‘Dates’’ portions of this notice. experiment station, college, university, Proposal Services Unit; Cooperative other research institution or State Research, Education, and Catalog of Federal Domestic Assistance organization, Federal agency, national Extension Service; U.S. Department of The Catalog of Federal Domestic laboratory, private organization, Agriculture; Room 1307, Waterfront Assistance number for this program is corporation, or individual may apply. Centre; 800 9th Street, SW.; 10.206. Proposals submitted by non-United Washington, DC 20024; telephone: 202– States organizations will not be 205–0241. Authority and Applicable Regulations considered for support. Proposals sent via the U.S. Postal The authority for this program is (b) Conferences: Scientific meetings Service must be sent to the following contained in 7 U.S.C. 450i(b). Under that bring together scientists to identify address: NRI; c/o Proposal Services this program, subject to the availability research needs, update information, or Unit; Cooperative State Research, of funds, the Secretary may award advance an area of research are Education, and Extension Service; U.S. competitive research grants, for periods recognized as integral parts of research Department of Agriculture; STOP 2245; not to exceed five years, for the support efforts. Any State agricultural 1400 Independence Avenue, SW.; of research projects to further the experiment station, college, university, Washington, DC 20250–2245. programs of the United States other research institution or Written stakeholder comments should Department of Agriculture (USDA). organization, Federal agency, national be submitted by mail to: Policy and Regulations applicable to this laboratory, private organization, Program Liaison Staff; Office of program include the following: (a) the corporation, or individual is an eligible
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applicant in this area. Proposals Northern Marianas University of California Davis submitted by non-United States Puerto Rico University of California Irvine organizations will not be considered for Virgin Islands University of California Los Angeles support. Investigators at small and mid-sized University of California San Diego institutions (total enrollment of 15,000 University of California San Francisco II. Agricultural Research Enhancement or less) may also be eligible for University of California Santa Barbara Awards Strengthening Awards. An institution in University of Chicago To contribute to the enhancement of this instance is an organization that University of Cincinnati research capabilities in the research possesses a significant degree of University of Colorado Boulder program areas described herein, the FY autonomy. Significant degree of University of Colorado Health 2002 NRI program solicitation solicits autonomy is defined by being Sciences Center applications for Agricultural Research independently accredited as determined University of Florida Enhancement Awards. Such by reference to the 2001 Higher University of Georgia applications may be submitted by any Education Directory. University of Illinois Urbana- State agricultural experiment station, Institutions which are among the most Champaign college, university, other research successful universities and colleges for University of Illinois Chicago institution or organization, Federal receiving Federal funds for science and University of Iowa agency, national laboratory, private engineering research, except those in University of Maryland Baltimore Prof organization, corporation, or individual; USDA EPSCoR entities, are ineligible for Sch however, further eligibility strengthening awards. The most University of Maryland College Park requirements are defined in 7 CFR successful universities and colleges for University of Massachusetts Amherst 3411.3 and restated in the FY 2002 NRI receiving these funds, excluding those University of Massachusetts Medical program solicitation. Applications in USDA EPSCoR entities, are as School Worcester submitted by non-United States follows: University of Medicine and Dentistry organizations will not be considered for Baylor College of Medicine of New Jersey support. However, United States Boston University University of Miami citizens applying as individuals for California Institute of Technology University of Michigan Ann Arbor Postdoctoral Fellowships may perform Carnegie-Mellon University University of Minnesota Twin Cities all or part of the proposed work at a Case Western Reserve University University of Missouri Columbia non-United States organization. Colorado State University University of North Carolina Chapel Agricultural Research Enhancement Columbia University Hill Awards are available in the following Cornell University University of Pennsylvania categories: CUNY Mount Sinai School of University of Pittsburgh (a) Postdoctoral Fellowships. Medicine University of Rochester (b) New Investigator Awards. Duke University University of Southern California (c) Strengthening Awards: Institutions Emory University University of Texas at Austin in USDA Experimental Program for Florida State University University of Texas Health Science Stimulating Competitive Research Georgia Institute of Technology Center Houston (EPSCoR) entities are eligible for Harvard University University of Texas Health Science strengthening awards. 7 CFR 3411.2(o) Indiana University Purdue University Center San Antonio sets forth how EPSCoR entities are at Indianapolis University of Texas MD Anderson determined. For FY 2002, USDA Iowa State University Cancer Center EPSCoR states consist of the following: Johns Hopkins University University of Texas Medical Branch Alaska Massachusetts Institute of Technology Galveston Arkansas Medical College of Wisconsin University of Texas SW Medical Connecticut Michigan State University Center Dallas Delaware New York University University of Utah Hawaii North Carolina State University University of Virginia Idaho Northwestern University University of Washington Kentucky Ohio State University University of Wisconsin Madison Maine Oregon Health Sciences University Vanderbilt University Mississippi Oregon State University Virginia Polytechnic Institute and Montana Pennsylvania State University State University Nevada Princeton University Virginia Commonwealth University New Hampshire Purdue University Wake Forest University New Mexico Rockefeller University Washington University North Dakota Rutgers, The State University of New Wayne State University Rhode Island Jersey Woods Hole Oceanographic Institute South Carolina Scripps Research Institute Yeshiva University, New York South Dakota Stanford University See 7 CFR 3411.3 and the FY 2002 Vermont State University of New York at Stony NRI program solicitation for complete West Virginia Brook details on programs and eligibility. Wyoming Thomas Jefferson University Funding Categories for FY 2002 For FY 2002, other USDA–EPSCoR Tufts University entities consist of the following: University Corporation for The FY 2002 NRI program solicitation American Samoa Atmospheric Research solicits proposals, subject to the District of Columbia University of Alabama Birmingham availability of funds, for support of high Guam University of Arizona priority research of importance to Micronesia University of California Berkeley agriculture, forestry, and related
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environmental sciences, in the Disease and Pest Threats. It is Product Research following research categories anticipated that up to $25 million (from Non-Food Characterization/Process/ (ANTICIPATED FY 2002 (FY02) funding the six funding categories) will be Product Research and ACTUAL FY 2001 (FY01) funding, available for awards in FY 2002 for each Application Materials rounded to the $0.1M, follows in of these issues, contingent upon the parentheses): quality of the proposals received and This notice does not constitute the FY • Natural Resources and the the availability of funds. Both of these 2002 NRI program solicitation. Those Environment (FY02: $16.3M, FY01: high priority issues cut across research wishing to apply for a grant under this $16.3M) programs in the NRI divisions and are program should obtain a copy of the FY • Nutrition, Food Quality, and Health directly applicable to a broad 2002 NRI program solicitation, which is (FY02: $16.7M, FY01: $16.7M) agricultural and consumer spectrum. titled the ‘‘NRI Program Description and • Plant Systems (FY02: $32.3M, Expectations are that these strategic Guidelines for Proposal Preparation,’’ FY01: $32.3M) issues will exist within the NRI for a and a copy of the CSREES ‘‘Application • Animal Systems (FY02: $22.9M, minimum of 3–5 years. Clearly there are Forms’’. The NRI Program Description FY01: $22.9M) and Guidelines for Proposal Preparation • more than two strategic issues Markets, Trade, and Policy (FY02: warranting increased emphasis, and and the CSREES ‘‘Application Forms’’ $3.6M, FY01: $3.6M) (May 2001) contain the information and • which are currently supported by New Products and Processes (FY02: individual NRI programs. Dependent on materials necessary to prepare and $6.5M, FY01: $6.5M) future funding, additional strategic submit a proposal and are available on Support for research opportunities issues may be possible in future years. the CSREES web site listed below may be derived from one or Research proposed for these issues (www.reeusda.gov) under Funding more of the above funding categories must be appropriate to one of the Opportunities. CSREES encourages the based on the nature of the scientific existing NRI programs listed under use of these electronic documents. topic to be supported. In addition, the Research Opportunities. A separate peer However, if necessary, paper copies of funds described above may be used to review panel will not be assembled to these application materials may be fund proposals submitted to review proposals addressing strategic obtained by sending an e-mail with your supplementary NRI Program issues. Numerous NRI programs address name, complete mailing address (not e- Descriptions and/or solicitations for various components of these issues. mail address), phone number, and multiagency programs in which the NRI materials that you are requesting to is participating. Research Opportunities [email protected]. Materials will be Pursuant to 7 U.S.C. 450i(b)(10), no The funds appropriated as listed mailed to you (not e-mailed) as quickly less than 10 percent (FY02: $9.8M, above will be used to support research as possible. Alternatively, paper copies FY01: $9.8M) of the available funds grants in the following areas: may be obtained by writing or calling listed above will be made available for Natural Resources and the Environment the office indicated below. Agricultural Research Enhancement Plant Responses to the Environment Proposal Services Unit, Office of Awards (excluding New Investigator Managed Ecosystems Extramural Programs, Cooperative State Awards), and no more than 2 percent Soils and Soil Biology Research, Education, and Extension (FY02: $1.9M, FY01: $1.9M) of the Watershed Processes and Water Service, U.S. Department of Agriculture, available funds listed above will be Resources STOP 2245, 1400 Independence Ave., made available for equipment grants. Nutrition, Food Safety, and Health S.W., Washington, DC. 20250–2245, Further, no less than 30 percent (FY02: Improving Human Nutrition for Telephone: (202) 401–5048. $29.5M, FY01: $29.5M) of the funds Optimal Health listed above shall be made available for Food Safety Electronic Subscription to NRI grants for research to be conducted by Epidemiological Approaches for Food Documents multidisciplinary teams, and no less Safety The NRI has set up a mailserver than 40 percent (FY02: $39.4M, FY01: Animals which will notify subscribers when $39.4M) of the funds listed above shall Animal Reproduction publications such as its Program be made available for grants for mission- Animal Growth and Nutrient Description or Abstracts of Funded linked systems research. Utilization Research are available electronically on CSREES is prohibited from paying Animal Genome and Genetic the World Wide Web. Subscribers will indirect costs exceeding 19 per centum Mechanisms not receive the document itself, but of the total Federal funds provided Animal Health and Well-Being instead will receive an e-mail under each award on competitively Biology and Management of Pests and containing an announcement regarding awarded research grants (7 U.S.C. 3310). Beneficial Organisms the document’s availability on the NRI An alternative method of calculation of Entomology and Nematology home page. this limitation is to multiply total direct Biologically Based Pest Management To subscribe: costs by 23.456 percent. Biology of Plant-Microbe Associations Send an e-mail message to: Biology of Weedy and Invasive Plants [email protected]. In the Strategic Issues Plants body of the message, include only The NRI includes a broad portfolio of Plant Genetic Mechanisms the words: subscribe nri-epubs. programs that address critical Plant Growth and Development To unsubscribe: agricultural research needs. The NRI has Plant Biochemistry Send an e-mail message to: now also identified two strategic issues Markets, Trade, and Rural Development [email protected]. In the where a robust investment in science Markets and Trade body of the message, include only will accelerate the generation of Rural Development the words: unsubscribe nri-epubs. critically needed agricultural solutions. Enhancing Value and Use of Please note that this is not a forum. The issues are: Agricultural Security Agricultural and Forest Products Messages, other than those related and Safety Through Functional Value-Added Products Research to subscription, cannot be posted to Genomics and New and Re-Emerging Food Characterization/Process/ this address.
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NRI Deadline Dates postmark or date on courier bill of deadlines may be delayed due to The following fixed dates have been lading). When the deadline date falls on unforeseen circumstances. Consult the established for proposal submission a weekend or Federal holiday, pertinent NRI notice in the Federal deadlines within the NRI. To be transmission must be made by the Register, the NRI Program Description, considered for funding in any fiscal following business day. or the NRI home page year, proposals must be transmitted by Programs offered in any fiscal year (www.reeusda.gov/nri) for up-to-date the date listed below (as indicated by depend on availability of funds and information.
Pro- Postmarked dates gram Program areas codes
November 15 22.1 Plant Responses to the Environment 23.1 Managed Ecosystems 25.0 Soils and Soil Biology 26.0 Watershed Processes and Water Resources 31.0 Improving Human Nutrition for Optimal Health 51.9 Biology of Weedy and Invasive Plants December 15 52.2 Plant Genetic Mechanisms 53.0 Plant Growth and Development 61.0 Markets and Trade 62.0 Rural Development 71.1 Food Characterization/Process/Product Research 71.2 Non-Food Characterization/Process/Product Research January 15 32.0 Food Safety 32.1 Epidemiological Approaches for Food Safety 41.0 Animal Reproduction 44.0 Animal Health and Well-Being 51.2 Entomology and Nematology 51.7 Biological Control 51.8 Biology of Plant-Microbe Associations February 15 42.0 Animal Growth and Nutrient Utilization 43.0 Animal Genome and Genetic Mechanisms 54.3 Plant Biochemistry
Done at Washington, D.C., this 9th day of August 2001. George E. Cooper, Acting Administrator, Cooperative State Research, Education, and Extension Service. [FR Doc. 01–20632 Filed 8–15–01; 8:45 am] BILLING CODE 3410–22–P
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Part III
Environmental Protection Agency 40 CFR Part 261 Hazardous Waste Management System; Identification and Listing of Hazardous Waste; Final Exclusion; Final Rule
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ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: The criteria, and the additional factors AGENCY information in this section is organized required by the Hazardous and Solid as follows: Waste Amendments of 1984 (HSWA). 40 CFR Part 261 I. Overview Information See section 3001(f) of RCRA, 42 U.S.C. [SW–FRL–7025–3] A. What action is EPA finalizing? 6921(f), and 40 CFR 260.22 (d)(1)-(4). In B. Why is EPA approving this delisting? making the final delisting Hazardous Waste Management C. What are the limits of this exclusion? determination, EPA evaluated the System; Identification and Listing of D. How will Eastman Chemical manage the petitioned waste against the listing Hazardous Waste; Final Exclusion waste if it is delisted? criteria and factors cited in E. When is the final delisting exclusion §§ 261.11(a)(2) and (a)(3). Based on this AGENCY: Environmental Protection effective? review, the EPA agrees with the Agency. F. How does this final rule affect states? petitioner that the waste is II. Background ACTION: Final rule. A. What is a ‘‘delisting’? nonhazardous with respect to the B. What regulations allow facilities to original listing criteria. (If the EPA had SUMMARY: The Environmental Protection found, based on this review, that the Agency (EPA) is granting a petition delist a waste? C. What information must the generator waste remained hazardous based on the submitted by Eastman Chemical supply? factors for which the waste were Corporation—Texas Operations III. EPA’s Evaluation of the Waste Data originally listed, EPA would have (Eastman Chemical) to exclude from A. What waste did Eastman Chemical proposed to deny the petition.) The EPA hazardous waste control (or delist) a petition EPA to delist? evaluated the waste with respect to certain solid waste. This final rule B. How much waste did Eastman Chemical other factors or criteria to assess responds to the petition submitted by propose to delist? whether there is a reasonable basis to Eastman Chemical to delist the C. How did Eastman Chemical sample and analyze the waste data in this petition? believe that such additional factors dewatered wastewater treatment sludge could cause the waste to be hazardous. on a ‘‘generator specific’’ basis from the IV. Public Comments Received on the Proposed Exclusion The EPA considered whether the waste lists of hazardous waste. A. Who submitted comments on the is acutely toxic, the concentration of the After careful analysis, the EPA has proposed rule? constituents in the waste, their tendency concluded that the petitioned waste is B. Request for clarification of preamble to migrate and to bioaccumulate, their not hazardous waste when disposed of language and provisions in Table 1 of persistence in the environment once in Subtitle D landfills. This exclusion Appendix IX of Part 261. released from the waste, plausible and applies to dewatered wastewater C. Comments on the Delisting Risk specific types of management of the treatment sludge generated at Eastman Assessment Software. petitioned waste, the quantities of waste Chemical’s Longview, Texas facility. I. Overview Information generated, and waste variability. The Accordingly, this final rule excludes the EPA believes that the petitioned waste petitioned waste from the requirements A. What Action Is EPA Finalizing? does not meet these criteria. EPA’s final of hazardous waste regulations under The EPA is finalizing: decision to delist waste from Eastman’s the Resource Conservation and (1) the decision to grant Eastman’s facility is based on the information Recovery Act (RCRA) when disposed of petition to have its wastewater submitted in support of this rule, i.e., in Subtitle D landfills but imposes treatment sludge excluded, or delisted, descriptions of the waste water testing conditions to ensure that the from the definition of a hazardous treatment system, incinerator, and future-generated wastes remain waste, subject to certain continued analytical data from the Longview qualified for delisting. verification and monitoring conditions; facility. EFFECTIVE DATE: August 16, 2001. and (2) to use the Delisting Risk C. What Are the Limits of This ADDRESSES: The public docket for this Exclusion? final rule is located at the U.S. Assessment Software to evaluate the Environmental Protection Agency potential impact of the petitioned waste This exclusion applies to the waste Region 6, 1445 Ross Avenue, Dallas, on human health and the environment. described in the petition only if the Texas 75202, and is available for The Agency used this model to predict requirements described in Table 1 of viewing in the EPA Freedom of the concentration of hazardous part 261, Appendix IX and the Information Act review room on the 7th constituents released from the conditions contained herein are floor from 9:00 a.m. to 4:00 p.m., petitioned waste, once it is disposed. satisfied. The maximum annual volume After evaluating the petition, EPA Monday through Friday, excluding of the dewatered wastewater treatment proposed, on December 4, 2000 to Federal holidays. Call (214) 665–6444 sludge is 82,100 cubic yards. exclude the Eastman Chemical waste for appointments. The reference number from the lists of hazardous wastes under D. How Will Eastman Chemical Manage for this docket is ‘‘F–00–TXDEL– §§ 261.31 and 261.32 (see 65 FR 75637, the Waste if It Is Delisted? TXEASTMAN’’. The public may copy December 4, 2000) Eastman currently disposes of the material from any regulatory docket at petitioned waste (wastewater treatment no cost for the first 100 pages and at a B. Why Is EPA Approving This sludge) generated at its facility in an on- cost of $0.15 per page for additional Delisting? site, state permitted solid waste landfill copies. Eastman’s petition requests a delisting after the sludge has been incinerated. FOR FURTHER INFORMATION CONTACT: For for listed hazardous wastes. Eastman The ash from the incineration process general information, contact Bill does not believe that the petitioned was delisted by EPA in June 1996. As Gallagher, at (214) 665–6775. For waste meets the criteria for which EPA a delisted material, it will meet the technical information concerning this listed it. Eastman also believes no criteria for disposal in a Subtitle D document, contact Michelle Peace, U.S. additional constituents or factors could landfill without incineration. Environmental Protection Agency, 1445 cause the waste to be hazardous. EPA’s The incinerator is a RCRA Subtitle C Ross Avenue, Dallas, Texas, (214) 665– review of this petition included regulated unit permitted by the Texas 7430. consideration of the original listing Natural Resource Conservation
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Commission. This final decision will State regulatory authority to establish C. What Information Must the Generator not affect the current regulatory controls the status of their wastes under the State Supply? on the incineration unit. law. Petitioners must provide sufficient E. When Is the Final Delisting Exclusion EPA has also authorized some States information to EPA to allow the EPA to Effective? (for example, Louisiana, Georgia, determine that the waste to be excluded does not meet any of the criteria under This rule is effective August 16, 2001. Illinois) to administer a delisting which the waste was listed as a The Hazardous and Solid Waste program in place of the Federal hazardous waste. In addition, the Amendments of 1984 amended Section program, that is, to make State delisting Administrator must determine, where 3010 of RCRA to allow rules to become decisions. Therefore, this exclusion he/she has a reasonable basis to believe effective in less than six months when does not apply in those authorized that factors (including additional the regulated community does not need States. If Eastman Chemical transports constituents) other than those for which the six-month period to come into the petitioned waste to or manages the the waste was listed could cause the compliance. That is the case here waste in any State with delisting waste to be a hazardous waste, that such because this rule reduces, rather than authorization, Eastman Chemical must factors do not warrant retaining the increases, the existing requirements for obtain delisting authorization from that waste as a hazardous waste. persons generating hazardous wastes. State before they can manage the waste These reasons also provide a basis for as nonhazardous in the State. III. EPA’s Evaluation of the Waste Data making this rule effective immediately, A. What Waste Did Eastman Chemical upon publication, under the II. Background Petition EPA To Delist? Administrative Procedure Act, pursuant A. What Is a Delisting Petition? to 5 U.S.C. 553(d). On February 4, 2000, Eastman A delisting petition is a request from petitioned the EPA to exclude from the F. How Does This Final Rule Affect a generator to EPA or another agency lists of hazardous waste contained in States? with jurisdiction to exclude from the list §§ 261.31 and 261.32, a waste by- Because EPA is issuing this exclusion of hazardous wastes, wastes the product (dewatered sludge from the under the Federal RCRA delisting generator does not consider hazardous wastewater treatment plant) which falls program, only states subject to Federal under RCRA. under the classification of listed waste RCRA delisting provisions would be because of the ‘‘derived from’’ rule in affected. This would exclude two B. What Regulations Allow Facilities To RCRA 40 CFR 261.3(c)(2)(i). categories of States: States having a dual Delist a Waste? Specifically, in its petition, Eastman system that includes Federal RCRA Chemical Company, Texas Operations, Under 40 CFR 260.20 and 260.22, requirements and their own located in Longview, Texas, requested requirements, and States who have facilities may petition the EPA to that EPA grant an exclusion for 82,100 received our authorization to make their remove their wastes from hazardous cubic yards per year of dewatered own delisting decisions. waste control by excluding them from sludge resulting from its hazardous Here are the details: We allow states the lists of hazardous wastes contained waste treatment process. The resulting to impose their own non-RCRA in §§ 261.31 and 261.32. Specifically, waste is listed, in accordance with regulatory requirements that are more § 260.20 allows any person to petition § 261.3(c)(2)(i) (i.e., the ‘‘derived from’’ stringent than EPA’s, under section the Administrator to modify or revoke rule). The waste codes of the 3009 of RCRA. These more stringent any provision of Parts 260 through 266, constituents of concern are EPA requirements may include a provision 268 and 273 of Title 40 of the Code of Hazardous Waste Nos. F001, F002, that prohibits a Federally issued Federal Regulations. Section 260.22 F003, F005, K009, K010, U001, U002, exclusion from taking effect in the State. provides generators the opportunity to U028, U031, U069, U088, U112, U115, Because a dual system (that is, both petition the Administrator to exclude a U117, U122, U140, U147, U154, U159, Federal (RCRA) and State (non-RCRA) waste on a ‘‘generator-specific’’ basis U161, U220, U226, U239 and U359. programs) may regulate a petitioner’s from the hazardous waste lists. Table 1 lists the constituents of concern waste, we urge petitioners to contact the for these waste codes.
TABLE 1.—HAZARDOUS WASTE CODES ASSOCIATED WITH WASTE STREAMS
Waste code Basis for characteristics/listing
F001—Spent halogented solvents used in Tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1-trichloroethane, carbon tetra- degreasing. chloride, chlorinated fluorocarbons F002—Spent halogented solvents ...... Tetrachloroethylene, methylene chloride, trichloroethylene, 1,1,1-trichloroethane, 1,1,2-tri- chloroethane, chlorobenzene, 1,1,2-trichloro-1,2,2-trichlorofluoroethane, ortho- dichlorobenzene, trichlorofluoromethane F003—Spent non-halogented solvents ...... Not applicable F005—Spent non-halogented solvents ...... Toluene, methyl ethyl ketone, carbon disulfide, isobutanol, pyridine, 2-ethoxyethanol, benzene, 2-nitropropane K009—Distillation bottoms from the production Chloroform, formaldehyde, methylene chloride, methyl chloride, paraldehyde, formic acid of acetaldehyde from ethylene. K010—Distillation side cuts from the production Chloroform, formaldehyde, methylene chloride, methyl chloride, paraldehyde, formic acid, of acetaldehyde from ethylene. chloroacetaldehyde U001 ...... Acetaldehyde U002 ...... Acetone U028 ...... Bis(2-ethylhexyl) phthalate U031 ...... n-Butyl alcohol U069 ...... Dibutyl phthalate
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TABLE 1.—HAZARDOUS WASTE CODES ASSOCIATED WITH WASTE STREAMS—Continued
Waste code Basis for characteristics/listing
U088 ...... Di-ethyl phthalate U112 ...... Ethyl acetate U115 ...... Ethylene Oxide U117 ...... Ethyl ether U122 ...... Formaldehyde U140 ...... Isobutyl alcohol U147 ...... Maleic anhydride U154 ...... Methanol U159 ...... Methyl ethyl ketone U161 ...... Methyl isobutyl ketone U220 ...... Toluene U226 ...... 1,1,1 Trichloroethane (Methyl chloroform) U239 ...... Xylene U359 ...... Ethylene Glycol monoethyl ether
B. How Much Waste Did Eastman B. Request for Clarification of Preamble C. Comments on the Delisting Risk Chemical Propose To Delist? Language and Provisions in Table 1 of Assessment Software Appendix IX of Part 261. Specifically, in its petition, Eastman Delphi Automotive generally supports Chemical requested that EPA grant a Eastman comments that the language in the Eastman Chemical Company’s standard exclusion for 82,100 cubic the preamble of the rules may be Delisting Petition to delist its sludge but yards of dewatered wastewater interpreted more strictly than the has extensive comments on the treatment sludge generated per calender language in the exclusion. Delisting Risk Assessment Software. year. Delphi comments that the ease of use For purposes of compliance with the and simplicity for inputting two C. How Did Eastman Chemical Sample exclusion in Table 1 of Appendix 1 of variables into the model has resulted in and Analyze the Waste Data in This part 261, if Eastman significantly a model that is not designed to be a site- Petition? changes the process which generate(s) specific model but rather is waste To support its petition, Eastman the waste(s) and which may or could generator specific. Hence, any site submitted: affect the composition or type waste(s) specific factors such as hydrogeology, climate, ecology, population density, (1) descriptions of its waste water generated as established under Condition (1) (by illustration, but not etc. cannot be incorporated as modifiers treatment system associated with of release or risk estimates. This leaves limitation, change in equipment or petitioned wastes; the model inflexible, not representative, operating conditions of the treatment (2) results of the total constituent list and leads to an overestimation of for 40 CFR Part 264 Appendix IX process). Eastman must (A) notify the releases and risk. Delphi goes on to volatiles, semivolatiles, and metals EPA in writing of the change and (B) identify concerns and questions except pesticides, herbicides, and PCBs; may no longer handle or manage the regarding the Delisting Risk Assessment (3) results of the constituent list for waste generated from the new process as model. Delphi and GM list their Appendix IX on Toxicity Characteristic nonhazardous until Eastman has concerns in the areas of (1) assumptions Leaching Procedure (TCLP) extract for demonstrated through testing the waste regarding the landfill; minimal cover; volatiles, semivolatiles, and metals; meets the delisting levels set in criteria applied regarding risk levels; the Condition (1) and (C) Eastman has TCLP; unlikely risk scenarios; (4) results for reactive sulfide, received written approval to begin undocumented sensitivity analysis; (5) results for reactive cyanide; managing the wastes as non-hazardous issues surrounding Nickel; and notice (6) results for pH; from EPA. The Agency will revise and review issues. (7) results of the metals Condition 4 of Table 1 of Appendix IX Information on the Risk and Hazard concentrations using multiple pH of part 261 to reflect this change. Assessment can be found in Chapter 4 extraction fluids; Eastman also comments that the text in of the DTSD. A discussion of criteria (8) information and results from Item 1 of Table 1 could be and the method for quantifying of risk is provided in Chapter 4. testing of the fluidized bed incinerator’s misinterpreted. compliance testing and The Delisting Program in its history (9) results from oil and grease There is a typo in Item 1 of Table 1 has never focused on site-specific analysis. (65 FR 75649, December 4, 2000). The conditions. It has since its inception delisting level of 2-butanone is listed as been a program specifically for waste IV. Public Comments Received on the 42.8 but should be 48.2 in accordance generators. A review of the 40 CFR Proposed Exclusion with Table III of the preamble. The 260.22 indicates that these are petitions to amend part 261 to exclude a waste A. Who Submitted Comments on the Agency has rechecked the values from produced at a particular facility. The Proposed Rule? the Delisting Risk Assessment Software Agency is not currently using the model The EPA received public comments (DRAS) and notes the correct to predict site-specific results. Since on December 4, 2000, proposal from concentration limit is 42.8 mg/l for 2- disposal of the delisted waste may occur three interested parties, General Motors, butanone. at any landfill in the United States, site- Delphi Automotive, and Eastman specific considerations are not usually Chemical Company. given. The DRAS model is based on
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national averages of the site specific General Motors and Delphi comments Does EPA policy require that MCL or factors and is intended to model a that the terms used in the DRAS should SW criteria be met? Does this policy reasonable worst case scenario for be more clearly defined. Does the term apply at all downgradient distances or disposal. Cw for waste contamination account for just those corresponding to the DAF? The Agency continues to review the total mass of contamination in the Groundwater must meet MCL criteria waste or only that portion that may chemical-specific parameter data. but not surface water criteria. The DAF enter the aqueous phase and be Where appropriate, these data will be is used to calculate the concentration in transported into the unsaturated zone the groundwater at a well a set distance incorporated into the DRAS analyses. and/or the leachable portion? However, as explained above, in downgradient. This distance was based delisting analyses, site specific All terms and equations used in the on the results of a survey which characteristics (beyond waste Delisting Risk Assessment Software identified the distance to the closest constituent concentration and volume) (DRAS) program are discussed in the drinking water wells located near solid are not incorporated into analyses. Delisting Technical Support Document waste landfills throughout the country. Default values are given for many (DTSD). All abbreviations, acronyms, The pH of a landfill is generally higher parameters used in risk. The Agency can and variables are listed in Chapter 1, than the pH of the extraction fluid used not fully evaluate how release pages x-xx of the DTSD. The DTSD is in the TCLP which affects the mechanisms and exposure scenarios updated to reflect revisions and leachability of the metals. modifications to risk algorithms and may be impacted because the final The leachability of this waste was disposal location remains undefined. methodology. The Agency encourages all users and reviewers to comment on measured using three different See Tenneco Automotive Proposed extraction fluids representing a range of Rule, 66 FR 24088, May 11, 2001 and the technical support documentation and continues to improve the clarity pH values. The pH values evaluated in the proposed Rule for Bekaert Steel this petition ranged from pH 4.93, 7.0, Corporation in Rogers, AR, 61 FR 32748, and transparency of the DTSD. The term Cw is not used in the document. and 10.1. This is a fairly new piece of June 25, 1996. Without specific information to the page information requested by the Agency to Delphi comments that the DRAS location/screen location of the term evaluate whether the waste leachability will be significantly affected by changes assumes that landfill is unlined and that referenced in the question above, no in the pH environment. leaching occurs from the beginning further response can be provided. which is counter to performance Does a Hazard Index of greater than 1 The duration of leaching 18 min or 18 standard and use of liners, covers & mean that the waste cannot be delisted? hr. may over or underestimate the slurry walls. The assumption of no liner leachability of some constituents. The is not consistent with CMTP which A Hazard Index (HI) of 1 does not Toxicity Characteristic Leaching assumes a liner. The DRAS model mean that the waste cannot be delisted, Procedure (TCLP) does not account for should allow for the option of including but that a more thorough evaluation of variations in time to equilibrium for a liner and should use Subtitle D the waste will be necessary. In cases different species. The TCLP under landfill characteristics. where the HI exceeds one for the entire predicts the maximum concentration of waste, the Agency will then go on to some anions and does not account for a There are existing solid waste evaluate the target organ for the critical variety of processes that can affect landfills which have no liner. Over effect of those chemicals contributing to leachate quality, quantity and migration. time, liners also fail, delistings do not the total HI. In some cases, the hazards For regulatory purposes, the TCLP currently have an expiration date, associated with various chemicals in the must be performed in 18 ± 2 hours. therefore it is reasonable to consider waste result from effects to the same Eighteen hours is theoretically the scenarios for liner failure or that no target organ, and are indeed additive. In residence time the aqueous phase liner exists. After a delisting has been other cases, the hazards of different remains in contact with the solid phase granted, the Agency does not designate chemicals impact different target organs, as it percolates through the waste in a a specific landfill where the waste may and are not additive, in which case the landfill scenario. Assuming the data are be disposed. Therefore, the Agency has HI is lowered accordingly. The DRAS being used for other purposes there is assumed a reasonable worst case automatically assumes the conservative still no logical basis for decreasing the scenario of no liner. approach; summing all hazards to leaching time, since any lesser leaching calculate the HI. time will generally under estimate the The DRAS assumes minimal cover What criteria determine whether the potential constituent concentrations. which increases volatilization and allowable leachate concentration is set particulate emission estimates which The Agency should verify if the TCLP by SDWA MCL, DRAS calculation, may not be reasonable. accounts for Dissolved Oxygen Content treatment technology or toxicity (DOC) in leachate which affects mobility Since disposal of a delisted material characteristic level? Are some levels of metals in the aquifer. below background? may occur in any unauthorized State, The TCLP does not account for site- we must evaluate whether a State may The allowable level is the most specific conditions such as or may not have regulatory requirements conservative of the DRAS calculations, conductivity, pH, dissolved oxygen, and for daily cover. Regulations requiring a calculation based on the Safe Drinking total dissolved solids. It is to be daily cover on municipal landfills do Water Act Maximum Contaminant Level anticipated that no test methodology not necessarily apply to industrial solid (MCL) or the toxicity characteristic will be universally appropriate in all waste landfills. Furthermore, violations level. Technology based treatment circumstances and will be varied based do occur. The worst case scenario must standards are not considered. The upon discrete site-specific conditions as consider that the minimal requirements exception to this is the level for arsenic was anticipated by the rule for daily cover exists. which is frequently calculated based on promulgating revisions to the TCLP. the concentration allowed by the MCL. See, 55 FR 11798 (March 29, 1990) and
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the Reynolds Metals Delisting Repeal 62 most sensitive pathway for each select the best available data for each FR 41005 (July 31, 1997). constituent. The Agency has no way of parameter. As mentioned in 65 FR knowing that this situation will not 58019 (September 27, 2000), some EPA It may be appropriate for the Agency to occur and therefore deems it prudent to risk assessments may select the 50th consider data from the SPLP. protect for this condition by adding percentile of the best available to The Agency would consider any risks. Again, the Agency has no way of represent typical values. The DRAS additional data that the petitioner knowing the direction of media flow assessment always defaults to high-end chooses to submit. At this time the and must assume that all media flow values. Agency requires leach testing for may move toward the receptor. The The BCF of 307 for nickel in fish is stabilized waste at 3 different pHs. The Agency has no data to indicate that the unsupported in EPA’s own documents. Agency also evaluates data from the landfill volume data and other data from Nickel does not bioaccumulate due to Multiple Extraction Procedure (MEP). the 1987 landfill survey report is not incomplete adsorption and rapid During the development of the valid. When updated data are available, excretion. Literature values are much Sampling and Analysis Plan for this they will be incorporated into the less. BCF should not be used for delisting petition, the Agency and analyses. predicting chronic toxicity. Some organs petitioner discussed which analytical The groundwater fate and transport can regulate internal concentrations. methods were to be used and the model used by the Agency to determine Ni∂2, not the parent, is persistent and approach for adequate characterization first order decay and other processes is bioavailable. of the waste. The TCLP and testing at 3 the EPA’s Composite Model for different pHs were deemed appropriate Leachate Migration with Transformation The Bioconcentration Factor (BCF) for analyses for characterizing this waste. Products (EPACMTP). This model has nickel has been revised to 78 and will be incorporated into DRAS version 2.0. Several assumptions used in the DRAS been peer reviewed and received an This value is based on the geometric model are unlikely and unreasonable: excellent review from the Science mean of 3 laboratory values (100, 100, (1) A receptor lives and works at a Advisory Board (SAB). EPA has 47). Further background on the studies single location 100 m downgradient and proposed use of this SAB-reviewed used to derive these BCFs is available in is exposed 350 days/yr; (2) Individuals model and no convincing comments to the document entitled ‘‘Screening Level are exposed to the 90th percentile level the contrary have been received. The Ecological Risk Assessment Protocol for for all paths; (3) All media flow toward bioconcentration factor (BCF) for nickel Hazardous Waste Combustion the receptor; (4) The landfill volume has been revised from 307 to 78. The Facilities’’ (EPA530–D–99–001). and conditions from 1987 is still valid; revised nickel BCF will be incorporated However, neither BCF value (307 or 78) (5) The waste is placed uniformly at into the upcoming DRAS version 2.0. will have an impact on the delisting great depth over the whole landfill; (6) GM and Delphi both comment that the levels for nickel as the delisting level is Only the most sensitive pathway for model does not account for the driven by the groundwater ingestion each constituent is selected which is an uncertainty or sensitivity estimate on pathway. In the DRAS risk analyses, unlikely scenario; (7) First order decay this exposure. Without a sensitivity nickel does not constitute an applies although processes of oxidation, analysis it is impossible to determine if appreciable risk via surface pathways hydrolysis and biodegredation are not a single pathway drives the risk. If data including fish ingestion in which the considered separately; (8) for most sensitive parameter is BCF is used to calculate risk. Transformation rate may not be uncertain or limited, confidence in the reasonable for biological processes; (9) result will be poor. How does the model distinguish metals Fate and leaching estimates should that are important for some animals? include Kow, pKa, Henry’s Law and The DRAS provides the forward- calculated risk level and back-calculated Delisting levels for metals far exceed potential for biological transformation; any micronutrient levels. These (10) All streams are fishable and allowable waste concentration for each exposure pathway, thereby permitting micronutrient levels are accounted for representative; and (11) Nickel has a in the delisting levels but the excess of fish BCF of 307 which is unsupported the user to determine which pathway drives the risk for a given chemical. the delisting level is not significant by peer review publications and EPA’s enough to pose a risk to the animals. own documents. The DRAS model is These analyses are currently provided intended to model a reasonable worst for the user by the DRAS program on the Current science suggests that the skin case model and is based on national Chemical-Specific Results screen. and respiratory tract are targets for averages of these factors. This is the What is the effect of assuming a DAF of soluble nickel salts yet the model same assumption used for the EPACML. 18? literature states that the target organs and critical effects are decreased organ The DRAS employs risk assessment The Dilution Attenuation Factor and or body weights. default parameters that are accepted (DAF) of 18 is a conservative DAF The oral Reference Dose (RfD) is throughout the Agency in risk analyses determined by the EPACMTP fate and based on the assumption that thresholds (i.e., residential exposure @ 350 days/yr, transport model for the landfill waste exist for certain toxic effects such as selection of the 90th percentile). These management scenario. The DAF of 18 cellular necrosis. It is expressed in units default standards are described and represents the class of organic chemicals of mg/kg-day. Ambrose, et al. in ‘‘Long- listed in Appendix A of the DTSD. for non-degrading, non-sorbing, term Toxicologic Assessment of Nickel The DRAS does employ a characteristics. When creating a in Rats and Dogs’’ 1 reported the results conservative approach to exposure chemical to add to the DRAS chemical of a 2-year feeding study using rats assessment by assuming the receptor library for use in DRAS analyses, we given 0, 100, 1000 or 2500 ppm nickel may be exposed to both the most recommend using a conservative value. sensitive groundwater pathway and the (estimated as 0, 5, 50 and 125 mg Ni/ most sensitive surface exposure What is the sensitivity of using the 50th percentile on release and risk estimates? 1 Ambrose, A.M., P.S. Larson, J.R. Borzelleca and pathway. To maximize the impact of the G.R. Hennigar, Jr. 1976. Long-term toxicologic waste, the model assumes uniform The DRAS assessment uses high end Assessment of Nickel in Rats and Dogs. J. Food Sci. placement of the waste and selects the estimates from the 90th percentile to Technol. 13: 181–187.
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kg bw) in the diet. Clinical signs of equations used previously in the The use of the NOAEL in Rfd toxicity, such as lethargy, ataxia, delisting program. And finally, the calculations has been challenged by the irregular breathing, cool body pathways for showering and dermal Science Advisory Board (SAB). The temperature, salivation and discolored contact are equations which are dose response relationship and the extremities, were seen primarily in the commonly used in risk assessments consistency in response level are not 100 mg/kg/day group; these signs were performed for cleanups and site identified. Regulatory limits are based less severe in the 35 mg/kg/day group. assessments under the Comprehensive more on experimental exposure than on Based on the results obtained in this Environmental Response, Compensation biological relevance. study, the 5 mg/kg/day nickel dose was and Liability Act (CERCLA) commonly The EPA still uses the no observed a ‘‘no observed adverse effect levels’’ known as Superfund and other adverse effect levels (NOAEL) in the (NOAEL), whereas 35 mg/kg/day was a programs. development of a reference dose (RfD). ‘‘lowest observed adverse effects levels’’ Until such time that the Agency (LOAEL) for decreased body and organ EPA should confirm stoichiometry, redefines RfD methodology, delisting weights. For further information, please speciation charge, formula weight, will continue to determine hazards refer to the Agency’s IRIS database. equilibrium and enthalpy estimates based on RfDs recommended by EPA’s In aquatic environs, much of the nickel with regard to metal and organic ligands IRIS (Integrated Risk Information present as ionic or stable organic as risks from metal ion concentrations System) database. The Agency complexes. Hence much of the nickel is may be overestimated. continues to support the use of RfDs in insoluble with minimal bioavailability. delisting determinations in such a The Agency continues to review Also, soil which contains high organic manner consistent with EPA risk matter will limit nickel’s mobility. Are chemical-specific parameter data. assessment methodology. The EPA risk maximum permissible levels set below Where appropriate, these data will be assessors and EPA’s Office of Research background? Background levels for incorporated into the DRAS analyses. and Development scientists who have nickel are approximately 3.3 ppb Currently, MINTEQA2 is used in the peer reviewed the DRAS have not freshwater; 2.1 ppb groundwater; 4 to 30 EPACMTP. As refinements to metals questioned the method in which RfDs mg/kg soil. speciation with regards to groundwater are employed in the DRAS analyses. The Agency agrees that some nickel fate and transport become available, GM and Delphi both comment that may be insoluble, have minimal they will be incorporated into the model should be peer reviewed and the bioavailability, and have mobility EPACMTP model. However, as public should have the formal dependent on organic content. However explained above, in delisting analyses, opportunity to provide comments. as explained above, in delisting site specific characteristics (beyond The model has been peer reviewed by analyses, site specific characteristics waste constituent concentration and EPA risk assessors and EPA’s Office of (beyond waste constituent concentration volume) are not incorporated into Research and Development scientists. and volume) are not incorporated into analyses. Default values are given for The public has the opportunity to analyses. Default values are given for many parameters used in risk. The comment on the DRAS model each time many parameters used in risk analyses Agency has no way of knowing how a delisting is proposed which is based including the organic content of fishable release mechanisms and exposure on the DRAS model. The Agency is waters. The Agency has no way of scenarios may be impacted given the currently using the same level of public knowing what streams may be impacted final disposal location remains review used by the delisting program in and, therefore, establishes a undefined. the use of new models. The same notice conservative estimate of pertinent procedures were provided for the use of variables. The model may estimate fate and the EPA Composite Model for Landfills transport concentration that exceed in 1991. The model’s use as modified The DRAS is complex and EPA must water solubility. for the delisting program was explain the models and risk processes promulgated in conjunction with its use used in establishing regulatory limits. It is assumed that this comment refers in the Reynolds Metals Delisting Attached to the Delisting Risk to the groundwater fate and transport petition See, 56 FR 32993 (July 18, Assessment Software is a Technical model used by DRAS (i.e., the 1991). Support Document which explains the EPACMTP). Indeed, if waste GM summarizes its comments on the risk algorithms and documentation of concentration exceeds soil saturation, DRAS by stating that (1) EPA is the decisions made in development of free form conditions may occur and the proposing significant changes to the the model. Publication costs prohibit assumptions of the EPACMTP may be methodology it uses to evaluate the inclusion of all this information into compromised. Therefore, soil saturation delisting petitions. It appears the the Federal Register notice but it is values have been incorporated into changes would apply to all future readily available in both the Technical DRAS and the program will notify the delisting petitions. (2) The proposed Support Document and at the Region 6 user if a waste concentrations exceed changes are complex. Not enough Delisting page (www.epa.gov/earth1/r6/ soil saturation concentrations. Ambient information has been provided about pd-o/pd-o.htm). However, the Agency water concentrations may be influenced the various assumptions, believes that the Delisting Risk by more than chemical solubility (e.g., methodologies, and interactions Assessment Software is no more organic content). Total concentrations between variables used by EPA in its complex than use of the EPACML for model. (3) It appears that the proposed that exceed 1% are also highlighted and delisting, just because the calculations changes would apply in all EPA flagged within the DRAS so that further have been computerized make them no Regions, (4) The proposed changes may more difficult to understand than the evaluation can be performed. include elements of the still-draft, EPACML. Similar regression models unpromulgated, and controversial HWIR were developed for the DRAS. The risk waste model. It is inappropriate and pathways for surface water and air contrary to law and the Administrative volatilization are evaluated by the same Procedures Act to use a model prior to
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public notice and comment. (5) No overall costs and economic impact of must identify and consider alternatives, Federal Register notice has been given EPA’s hazardous waste management including the least costly, most cost- to clearly indicate the EPA plans to regulations. This reduction would be effective or least burdensome alternative change the way it reviews and evaluates achieved by excluding waste generated that achieves the objectives of the rule. delisting petitions. Instead, references to at a specific facility from EPA’s lists of EPA must select that alternative, unless the changes in the model have been hazardous wastes, thereby enabling this the Administrator explains in the final made as part of proposals to delist facility to manage its waste as rule why it was not selected or it is specific waste streams. (6) The model nonhazardous. There is no additional inconsistent with law. Before EPA should be peer reviewed and if EPA is impact therefore, due to this final rule. establishes regulatory requirements that changing the model it uses to evaluate Therefore, this proposal would not be a may significantly or uniquely affect delisting petitions (from the EPACML to significant regulation and no cost/ small governments, including tribal the DRAS model) USEPA should benefit assessment is required. The governments, it must develop under provide specific and clear public Office of Management and Budget section 203 of the UMRA a small notification of this intent. The risk (OMB) has also exempted this rule from government agency plan. The plan must assessment methodology for delisting the requirement for OMB review under provide for notifying potentially that has been used since 1991 should section (6) of Executive Order 12866. affected small governments, giving them still apply until public review period is meaningful and timely input in the VI. Regulatory Flexibility Act completed. development of EPA regulatory The EPA is following the same notice Pursuant to the Regulatory Flexibility proposals with significant Federal provided for changing from the VHS Act, 5 U.S.C. 601–612, whenever an intergovernmental mandates, and model to the EPA Composite Model for agency is required to publish a general informing, educating, and advising them Landfills (EPACML). See 56 FR 32993, notice of rulemaking for any proposed on compliance with the regulatory July 18, 1991. The public has the or final rule, it must prepare and make requirements. The UMRA generally opportunity to comment on the DRAS available for public comment a defines a Federal mandate for regulatory model each time a delisting is proposed regulatory flexibility analysis which purposes as one that imposes an which is based on the DRAS model. describes the impact of the rule on small enforceable duty upon State, local, or General Motors has not stated any entities ( i.e., small businesses, small tribal governments or the private sector. reason why the DRAS model is not organizations, and small governmental The EPA finds that this final delisting appropriate for use in evaluating the jurisdictions). No regulatory flexibility decision is deregulatory in nature and risk associated with the Tenneco analysis is required however if the does not impose any enforceable duty Delisting. Administrator or delegated upon State, local, or tribal governments General Motors states that use of representative certifies that the rule will or the private sector. In addition, the model with public review and comment not have any impact on a small entities. final delisting does not establish any is a violation of the Administrative This rule if promulgated, will not regulatory requirements for small Procedures Act and law. Opportunity have an adverse economic impact on governments and so does not require a for public review and comment is small entities since its effect would be small government agency plan under provided for each delisting petition. to reduce the overall costs of EPA’s UMRA section 203. Comments are requested for each hazardous waste regulations. IX. Congressional Review Act delisting decision regarding the decision Accordingly, I hereby certify that this to delist the waste and use of a model regulation, if promulgated, will not have The Congressional Review Act, 5 to assess the risk posed to human health a significant economic impact on a U.S.C. 801 et seq., as added by the Small and the environment. Each time the substantial number of small entities. Business Regulatory Enforcement model is used, just as with the use of the This regulation therefore, does not Fairness Act of 1996, generally provides EPACML, the public and interested require a regulatory flexibility analysis. that before a rule may take effect, the stakeholders can comment on the agency promulgating the rule must appropriateness of the use. In fact, each VII. Paperwork Reduction Act submit a rule report, which includes a proposed rule for approving a delisting Information collection and record- copy of the rule, to each House of proposes the use of a model in the keeping requirements associated with Congress and to the Comptroller General evaluation of risk and asks for comment. this final rule have been approved by of the United States. EPA will submit a Examples can be seen in the Federal the Office of Management and Budget report containing this rule and other Register for the EPACML as well as the (OMB) under the provisions of the required information to the U.S. Senate, DRAS. See, 56 FR 32993, (July 18, Paperwork Reduction Act of 1980 the U.S. House of Representatives, the 1991), 64 FR 44867 (August 18, 1999), (Public Law 96–511, 44 U.S.C. 3501 et Comptroller General of the United and 65 FR 75641, (December 4, 2000). seq.) and have been assigned OMB States prior to publication of the final Any petitioner or interested party may Control Number 2050–0053. rule in the Federal Register. This rule suggest more appropriate evaluation is not a ‘‘major rule’’ as defined by 5 VIII. Unfunded Mandates Reform Act tools for predicting risk. Thus, EPA U.S.C. 804(2). This rule will become believes that adequate public notice has Under section 202 of the Unfunded effective on the date of publication in been provided and the APA has not Mandates Reform Act of 1995 (UMRA), the Federal Register. been violated. Public Law 104–4, which was signed into law on March 22, 1995, EPA must X. Executive Order 12875 V. Regulatory Impact prepare a written statement for rules Under Executive Order 12875, EPA Under Executive Order 12866, EPA with Federal mandates that may result may not issue a regulation that is not must conduct an ‘‘assessment of the in estimated costs to State, local, and required by statute and that creates a potential costs and benefits’’ for all tribal governments in the aggregate, or mandate upon a state, local, or tribal ‘‘significant’’ regulatory actions. The to the private sector of $100 million or government, unless the Federal final to grant an exclusion is not more in any one year. When such a government provides the funds significant, since its effect, if statement is required for EPA rules, necessary to pay the direct compliance promulgated, would be to reduce the under section 205 of the UMRA, EPA costs incurred by those governments. If
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the mandate is unfunded, EPA must action as defined by Executive Order law or otherwise impractical. Voluntary provide to the Office of Management 12866. consensus standards are technical and Budget a description of the extent standards (e.g., materials specifications, XII. Executive Order 13084 of EPA’s prior consultation with test methods, sampling procedures, representatives of affected state, local, Under Executive Order 13084, EPA business practices, etc.) developed or and tribal governments, the nature of may not issue a regulation that is not adopted by voluntary consensus their concerns, copies of written required by statute, that significantly standard bodies. Where available and communications from the governments, affects or uniquely affects the potentially applicable voluntary and a statement supporting the need to communities of Indian tribal consensus standards are not used by issue the regulation. In addition, governments, and that imposes EPA, the Act requires that Agency to Executive Order 12875 requires EPA to substantial direct compliance costs on provide Congress, through the OMB, an develop an effective process permitting those communities, unless the Federal explanation of the reasons for not using elected officials and other government provides the funds such standards. necessary to pay the direct compliance representatives of state, local, and tribal This rule does not establish any new costs incurred by the tribal governments ‘‘to provide meaningful technical standards and thus, the governments. If the mandate is and timely input in the development of Agency has no need to consider the use unfunded, EPA must provide to the regulatory proposals containing of voluntary consensus standards in Office of Management and Budget, in a significant unfunded mandates.’’ This developing this final rule. rule does not create a mandate on state, separately identified section of the local or tribal governments. The rule preamble to the rule, a description of Lists of Subjects in 40 CFR Part 261 the extent of EPA’s prior consultation does not impose any enforceable duties Environmental protection, Hazardous on these entities. Accordingly, the with representatives of affected tribal governments, a summary of the nature Waste, Recycling, Reporting and requirements of section 1(a) of recordkeeping requirements. Executive Order 12875 do not apply to of their concerns, and a statement Authority: Sec. 3001(f) RCRA, 42 U.S.C. this rule. supporting the need to issue the regulation. In addition, Executive Order 6921(f). XI. Executive Order 13045 13084 requires EPA to develop an Dated: July 27, 2001. effective process permitting elected and Stephen Gilrein, The Executive Order 13045 is entitled other representatives of Indian tribal ‘‘Protection of Children from Acting Director of Multimedia Planning and governments ‘‘to meaningful and timely Permitting Division. Environmental Health Risks and Safety input’’ in the development of regulatory Risks’’ (62 FR 19885, April 23, 1997). policies on matters that significantly or For the reasons set out in the This order applies to any rule that EPA uniquely affect their communities of preamble, 40 CFR part 261 is amended determines (1) is economically Indian tribal governments. This rule as follows: significant as defined under Executive does not significantly or uniquely affect PART 261—IDENTIFICATION AND Order 12866, and (2) the environmental the communities of Indian tribal LISTING OF HAZARDOUS WASTE health or safety risk addressed by the governments. Accordingly, the rule has a disproportionate effect on requirements of section 3(b) of children. If the regulatory action meets 1. The authority citation for part 261 Executive Order 13084 do not apply to continues to read as follows: both criteria, the Agency must evaluate this rule. the environmental health or safety Authority: 42 U.S.C. 6905, 6912(a), 6921, effects of the planned rule on children, XIII. National Technology Transfer and 6922, and 6938. and explain why the planned regulation Advancement Act 2. In Table 1, 2, and 3 of Appendix is preferable to other potentially Under section 12(d) if the National IX, part 261 add the following waste effective and reasonably feasible Technology Transfer and Advancement stream in alphabetical order by facility alternatives considered by the Agency. Act, the Agency is directed to use to read as follows: This rule is not subject to Executive voluntary consensus standards in its Order 13045 because this is not an regulatory activities unless to do so Appendix IX—Wastes Excluded Under economically significant regulatory would be inconsistent with applicable §§ 260.20 and 260.22
TABLE 1.—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES
Facility Address Waste description
******* Eastman Chemical Company ...... Longview, Texas .... Wastewater treatment sludge, (at a maximum generation of 82,100 cubic yards per calendar year) generated by Eastman (EPA Hazardous Waste Nos. F001, F002, F003, F005 generated at Eastman when disposed of in a Subtitle D landfill. Eastman must implement a testing program that meets the following conditions for the exclusion to be valid: (1) Delisting Levels: All concentrations for the following constituents must not exceed the following levels (mg/l). For the wastewater treatment sludge con- stituents must be measured in the waste leachate by the method specified in 40 CFR 261.24. Wastewater treatment sludge: (i) Inorganic Constituents: Antimony-0.0515; Barium-7.30; Cobalt-2.25; Chro- mium-5.0; Lead-5.0; Mercury-0.0015; Nickel-2.83; Selenium-0.22; Silver- 0.384; Vanadium-2.11; Zinc-28.0
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TABLE 1.—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
Facility Address Waste description
(ii) Organic Constituents: Acenaphthene-1.25; Acetone—7.13; bis(2- ethylhexylphthalate—0.28; 2-butanone—42.8; Chloroform—0.0099; Fluo- rene—0.55; Methanol-35.7; Methylene Chloride—0.486; naphthalene-0.0321. (2) Waste Holding and Handling: If the concentrations of the sludge exceed the levels provided in Condition 1, then the sludge must be treated in the Fluid- ized Bed Incinerator (FBI) and meet the requirements of that September 25, 1996 delisting exclusion to be non-hazardous (as FBI ash). If the sludge meets the delisting levels provided in Condition 1, then it’s non-hazardous (as sludge). If the waste water treatment sludge is not managed in the manner above, Eastman must manage it in accordance with applicable RCRA Subtitle C requirements. If the levels of constituents measured in the samples of the waste water treatment sludge do not exceed the levels set forth in Condition (1), then the waste is nonhazardous and may be managed and disposed of in accordance with all applicable solid waste regulations. During the verification period, Eastman must manage the waste in the FBI incinerator prior to dis- posal. (3) Verification Testing Requirements: Eastman must perform sample collection and analyses, including quality control procedures, according to SW–846 methodologies. After completion of the initial verification period, Eastman may replace the testing required in Condition (3)(A) with the testing required in Condition (3)(B). Eastman must continue to test as specified in Condition (3)(A) until and unless notified by EPA in writing that testing in Condition (3)(A) may be replaced by Condition (3)(B). (A) Initial Verification Testing: At quarterly intervals for one year after the final exclusion is granted, Eastman must collect and analyze composites of the wastewater treatment sludge for constituents listed in Condition (1). (B) Subsequent Verification Testing: Following termination of the quarterly test- ing, Eastman must continue to test a representative composite sample for all constituents listed in Condition (1) on an annual basis (no later than twelve months after the final exclusion). (4) Changes in Operating Conditions. If Eastman significantly changes the proc- ess which generate(s) the waste(s) and which may or could affect the com- position or type of waste(s) generated as established under Condition (1) (by illustration, but not limitation, change in equipment or operating conditions of the treatment process or generation of volumes in excess 82,100 cubic yards of waste annually), Eastman must (A) notify the EPA in writing of the change and (B) may no longer handle or manage the waste generated from the new process as nonhazardous until Eastman has demonstrated through testing the waste meets the delisting levels set in Condition (1) and (C) Eastman has received written approval to begin managing the wastes as non-hazardous from EPA. (5) Data Submittals. Eastman must submit or maintain, as applicable, the infor- mation described below. If Eastman fails to submit the required data within the specified time or maintain the required records on-site for the specified time, EPA, at its discretion, will consider this sufficient basis to reopen the ex- clusion as described in Condition (6). Eastman must: (A) Submit the data obtained through Condition (3) to Mr. William Gallagher, Chief, Region 6 Delisting Program, EPA, 1445 Ross Avenue, Dallas, Texas 75202–2733, Mail Code, (6PD–O) within the time specified. (B) Compile records of operating conditions and analytical data from Condition (3), summarized, and maintained on-site for a minimum of five years. (C) Furnish these records and data when EPA or the State of Texas request them for inspection. (D) Send along with all data a signed copy of the following certification state- ment, to attest to the truth and accuracy of the data submitted: (i) Under civil and criminal penalty of law for the making or submission of false or fraudulent statements or representations (pursuant to the applicable provi- sions of the Federal Code, which include, but may not be limited to, 18 U.S.C. 1001 and 42 U.S.C. 6928), I certify that the information contained in or accompanying this document is true, accurate and complete.
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TABLE 1.—WASTE EXCLUDED FROM NON-SPECIFIC SOURCES—Continued
Facility Address Waste description
(ii) As to the (those) identified section(s) of this document for which I cannot personally verify its (their) truth and accuracy, I certify as the company official having supervisory responsibility for the persons who, acting under my direct instructions, made the verification that this information is true, accurate and complete. (iii) If any of this information is determined by EPA in its sole discretion to be false, inaccurate or incomplete, and upon conveyance of this fact to the com- pany, I recognize and agree that this exclusion of waste will be void as if it never had effect or to the extent directed by EPA and that the company will be liable for any actions taken in contravention of the company’s RCRA and CERCLA obligations premised upon the company’s reliance on the void ex- clusion. (6) Reopener Language: (A) If, anytime after disposal of the delisted waste, Eastman possesses or is otherwise made aware of any environmental data (including but not limited to leachate data or groundwater monitoring data) or any other data relevant to the delisted waste indicating that any constituent identified for the delisting verification testing is at level higher than the delisting level allowed by the Re- gional Administrator or his delegate in granting the petition, then the facility must report the data, in writing, to the Regional Administrator or his delegate within 10 days of first possessing or being made aware of that data. (B) If the annual testing of the waste does not meet the delisting requirements in Condition (1), Eastman must report the data, in writing, to the Regional Ad- ministrator or his delegate within 10 days of first possessing or being made aware of that data. (C) If Eastman fails to submit the information described in Conditions (5),(6)(A) or (6)(B) or if any other information is received from any source, the Regional Administrator or his delegate will make a preliminary determination as to whether the reported information requires Agency action to protect human health or the environment. Further action may include suspending, or revok- ing the exclusion, or other appropriate response necessary to protect human health and the environment. (D) If the Regional Administrator or his delegate determines that the reported in- formation does require Agency action, the Regional Administrator or his dele- gate will notify the facility in writing of the actions the Regional Administrator or his delegate believes are necessary to protect human health and the envi- ronment. The notice shall include a statement of the proposed action and a statement providing the facility with an opportunity to present information as to why the proposed Agency action is not necessary. The facility shall have 10 days from the date of the Regional Administrator or his delegate’s notice to present such information. (E) Following the receipt of information from the facility described in Condition (6)(D) or (if no information is presented under Condition (6)(D)) the initial re- ceipt of information described in Conditions (5), (6)(A) or (6)(B), the Regional Administrator or his delegate will issue a final written determination describing the Agency actions that are necessary to protect human health or the envi- ronment. Any required action described in the Regional Administrator or his delegate’s determination shall become effective immediately, unless the Re- gional Administrator or his delegate provides otherwise. (7) Notification Requirements. Eastman must do following before transporting the delisted waste off-site: Failure to provide this notification will result in a violation of the delisting petition and a possible revocation of the exclusion. (A) Provide a one-time written notification to any State Regulatory Agency to which or through which they will transport the delisted waste described above for disposal, 60 days before beginning such activities. (B) Update the one-time written notification if they ship the delisted waste into a different disposal facility.
TABLE 2.—WASTE EXCLUDED FROM SPECIFIC SOURCES
Facility Address Waste description
******* Eastman Chemical Company ...... Longview, Texas .... Wastewater treatment sludge, (at a maximum generation of 82,100 cubic yards per calendar year) (EPA Hazardous Waste Nos. K009, K010) generated at Eastman. Eastman must implement the testing program described in Table 1. Waste Excluded From Non-Specific Sources for the petition to be valid.
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TABLE 3.—WASTE EXCLUDED FROM COMMERCIAL CHEMICAL PRODUCTS, OFF SPECIFICATION SPECIES, CONTAINER RESIDUES, AND SOIL RESIDUES THEREOF
Facility Address Waste description
******* Eastman Chemical Company ...... Longview, Texas .... Wastewater treatment sludge, (at a maximum generation of 82,100 cubic yards per calendar year) generated by Eastman (EPA Hazardous Waste Nos. U001, U002, U028, U031, U069, U088, U112, U115, U117, U122, U140, U147, U154, U159, U161, U220, U226, U239, U359). Eastman must imple- ment the testing program described in Table 1. Waste Excluded From Non- Specific Sources for the petition to be valid.
*******
[FR Doc. 01–20262 Filed 8–15–01; 8:45 am] BILLING CODE 6560–50–P
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Reader Aids Federal Register Vol. 66, No. 159 Thursday, August 16, 2001
CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING AUGUST
Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–523–5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523–5227 3 CFR 205...... 41439 208...... 42929 Executive Orders: Presidential Documents 213...... 41439 12722 (See Notice of 226...... 41439 Executive orders and proclamations 523–5227 July 31, 2001) ...... 40105 230...... 41439 The United States Government Manual 523–5227 12724 (See Notice of 709...... 40574 July 31, 2001) ...... 40105 712...... 40575 Other Services 13221...... 40571 721...... 40845 Electronic and on-line services (voice) 523–4534 Administrative Orders: 749...... 40578 Privacy Act Compilation 523–3187 Presidential Determinations: Proposed Rules: Public Laws Update Service (numbers, dates, etc.) 523–6641 701...... 40641 No. 2001-22 of July TTY for the deaf-and-hard-of-hearing 523–5229 702...... 40642 26, 2001 ...... 40107 741...... 40642 Notices: 925...... 41462 ELECTRONIC RESEARCH Notice of July 31, 930...... 41462, 41474 2001 ...... 40105 World Wide Web 931...... 41462 932...... 41462, 41474 Full text of the daily Federal Register, CFR and other 7 CFR 933...... 41462 publications: 301 ...... 40573, 40923, 41439 457...... 42729 http://www.access.gpo.gov/nara 14 CFR 916...... 39615 Federal Register information and research tools, including Public 917...... 39615 23...... 40580 Inspection List, indexes, and links to GPO Access: 924...... 42413 39 ...... 39632, 40109, 40582, 40850, 40860, 40863, 40864, http://www.nara.gov/fedreg 959...... 39621 989...... 39623 40867, 40869, 40870, 40872, E-mail 1744...... 41755 40874, 40876, 40878, 40880, 40893, 41129, 41440, 41443, PENS (Public Law Electronic Notification Service) is an E-mail Proposed Rules: 56...... 42456 42105, 42586, 42937, 42939 service for notification of recently enacted Public Laws. To 71...... 42107, 42108 subscribe, send E-mail to 58...... 42458 70...... 42456 91...... 41088 [email protected] 246...... 40152 95...... 39633 with the text message: 911...... 40923 97...... 41772, 41774 121 ...... 41088, 41955, 41959 subscribe PUBLAWS-L your name 916...... 39690 944...... 40845, 40923 135...... 41088 Use [email protected] only to subscribe or unsubscribe to 948...... 40153, 40155 145...... 41088 PENS. We cannot respond to specific inquiries. 966...... 40158 Proposed Rules: Reference questions. Send questions and comments about the 1205...... 42464 39 ...... 40161, 40162, 40645, Federal Register system to: 1230...... 42469 40646, 40926, 41808, 42970 71...... 42618, 42619 [email protected] 8 CFR 121...... 42807 The Federal Register staff cannot interpret specific documents or 212...... 42587 139...... 42807 regulations. 214...... 42587 15 CFR 245...... 42587 FEDERAL REGISTER PAGES AND DATE, AUGUST 248...... 42587 734...... 42108 274a...... 42587 740...... 42108 39615–40106...... 1 Proposed Rules: 16 CFR 40107–40572...... 2 103...... 41456 305...... 40110 40573–40838...... 3 9 CFR 1700...... 40111 40839–41128...... 6 94...... 42595 Proposed Rules: 41129–41438...... 7 95...... 42595 314...... 41162 41439–41754...... 8 130...... 39628 1500...... 39692 41755–42104...... 9 317...... 40843 42105–42412...... 10 381...... 40843 17 CFR 42413–42597...... 13 Proposed Rules: 1...... 41131, 42256 42587–42728...... 14 317...... 41160 5...... 42256 42729–42928...... 15 327...... 41160, 42472 15...... 42256 42929–43064...... 16 36...... 42256 10 CFR 37...... 42256 Proposed Rules: 38...... 42256 50...... 40626 40...... 42256, 42289 41...... 42256 12 CFR 100...... 42256 202...... 41439 166...... 42256
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