11–20–03 Thursday Vol. 68 No. 224 Nov. 20, 2003

Pages 65383–65626

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1 II Federal Register / Vol. 68, No. 224 / Thursday, November 20, 2003

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2 III

Contents Federal Register Vol. 68, No. 224

Thursday, November 20, 2003

Agriculture Department See Army Department See Commodity Credit Corporation See Engineers Corps See Forest Service RULES See Natural Resources Conservation Service Vocational rehabilitation and education: Veterans education— Air Force Department Educational Assistance Test Program; increased NOTICES allowances, 65399–65401 Meetings: Scientific Advisory Board, 65448–65449 Education Department NOTICES Army Department Meetings: See Engineers Corps Tribal Colleges and Universities, President’s Board of NOTICES Advisors, 65452 Meetings: Western Hemisphere Institute for Security Cooperation Energy Department Board of Visitors, 65449 See Energy Information Administration Senior Executive Service: Performance Review Board; membership, 65449–65450 Energy Information Administration NOTICES Chemical Safety and Hazard Investigation Board Reports and guidance documents; availability, etc.: RULES Statistical information based on petroleum supply Organization, functions, and operations, 65403–65404 reporting system survey data; policy statement, 65452–65454 Civil Rights Commission NOTICES Engineers Corps Meetings; State advisory committees: NOTICES Maine, 65435 Environmental statements; notice of intent: Missouri and Oklahoma, 65435–65436 Buchanan County, OH and Doniphan County, KS; New Hampshire, 65436 Missouri River Levees System Units L-455 and R Ohio, 65436 471-460; flood damage reduction study, 65450–65451 Various States, 65436–65437 Shishmaref, AK; coastal erosion protection and community relocation, 65451–65452 Coast Guard PROPOSED RULES Environmental Protection Agency Ports and waterways safety: RULES New York Marine Inspection and Captain of Port Zones, Air pollution control: NY; safety and security zones, 65427–65429 State operating permit programs— NOTICES Ohio, 65401–65403 Meetings: PROPOSED RULES Chemical Transportation Advisory Committee and Solid wastes: Towing Safety Advisory Committee, 65465–65466 Hazardous waste; identification and listing— Solvent-contaminated reusable shop towels, rags, Commerce Department disposable wipes, and paper towels; conditional See Industry and Security Bureau exclusion, 65585–65619 See International Trade Administration NOTICES See National Oceanic and Atmospheric Administration Meetings: State FIFRA Issues Research and Evaluation Group, Committee for the Implementation of Textile Agreements 65454–65455 NOTICES Reports and guidance documents; availability, etc.: Cotton, wool, and man-made textiles: Childhood exposures to environmental contaminants, China, 65445–65448 assessments; appropriate age groups selection guidance, 65455 Commodity Credit Corporation Superfund; response and remedial actions, proposed RULES settlements, etc.: Loan and purchase programs: AAA Metal Refinishing & Chrome Site, FL, 65455 Tobacco, 65385–65386 Madison County Sanitary Landfill Site, FL, 65455–65456 PROPOSED RULES Loan and purchase programs: Equal Employment Opportunity Commission Warehouses for interest commodity storage; approval NOTICES standards, 65412–65415 Meetings; Sunshine Act, 65456 Defense Department Executive Office of the President See Air Force Department See Presidential Documents

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Farm Credit Administration See National Institutes of Health PROPOSED RULES Farm credit system: Homeland Security Department Loan policies and operations, etc.— See Coast Guard Young, beginning, and small farmers and ranchers, and NOTICES aquatic products producers or harvesters, 65417 Agency information collection activities; proposals, submissions, and approvals, 65462–65465 Federal Aviation Administration RULES Indian Affairs Bureau Air traffic operating and flight rules, etc.: IFR altitudes, 65390–65392 NOTICES Class E airspace, 65389–65390 Environmental statements; notice of intent: PROPOSED RULES Stockbridge-Munsee Casino; Sullivan County, NY, Class E airspace, 65417–65418 65467–65468 NOTICES Exemption petitions; summary and disposition, 65488 Industry and Security Bureau Correction, 65488 NOTICES Passenger facility charges; applications, etc.: Meetings: Dubuque Regional Airport, IA, 65488–65489 Regulations and Procedures Technical Advisory Committee, 65437 Federal Highway Administration RULES Interior Department Engineering and traffic operations: Uniform Traffic Control Devices Manual for streets and See Fish and Wildlife Service highways; revision; 2003 edition; incorporation by See Indian Affairs Bureau reference, 65495–65583 See Land Management Bureau See Surface Mining Reclamation and Enforcement Office Federal Maritime Commission NOTICES Internal Revenue Service Complaints filed: PROPOSED RULES Bax Global Inc., 65456 Income taxes: Charitable remainder trusts; ordering rule application, Federal Mine Safety and Health Review Commission 65419–65422 NOTICES NOTICES Meetings; Sunshine Act, 65475 Meetings: Taxpayer Advocacy Panels, 65491–65493 Federal Reserve System NOTICES International Trade Administration Banks and bank holding companies: NOTICES Change in bank control, 65456–65457 Antidumping: Fish and Wildlife Service Tetrahydrofurfuryl alcohol from— NOTICES China, 65437 Endangered and threatened species and marine mammal permit applications, 65466 Labor Department Endangered and threatened species permit applications, See Occupational Safety and Health Administration 65466–65467 NOTICES Meetings: Food and Drug Administration North American Agreement on Labor Cooperation RULES National Advisory Committee, 65474 Freedom of Information Act; implementation Correction, 65392 Land Management Bureau NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 65457–65459 submissions, and approvals, 65468–65469 Forest Service Classification of public lands: NOTICES Nevada, 65469 Environmental statements; availability, etc.: Closure of public lands: Tongass National Forest, AK, 65434 Colorado, 65469 Nevada, 65469–65470 General Services Administration Committees; establishment, renewal, termination, etc.: NOTICES Resource Advisory Councils— Acquisition regulations: New Mexico, 65470 U.S. Government Bill of Lading - International and Meetings: Domestic Overseas Shipments (SF 1103); form Resource Advisory Councils— revision, 65457 Northeast California, 65470 Northwest California, 65470–65471 Health and Human Services Department Public land orders: See Food and Drug Administration New Mexico, 65471

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Recreation management restrictions, etc.: Natural Resources Conservation Service California— NOTICES Imperial Sand Dunes Recreation Area; special Meetings: recreation permit fees; supplementary rules, Agricultural Air Quality Task Force, 65434–65435 65471–65473 Withdrawal and reservation of lands: Nuclear Regulatory Commission Utah, 65473–65474 RULES Production and utilization facilities; domestic licensing: Mine Safety and Health Federal Review Commission Nuclear power plants; decommissioning trust fund See Federal Mine Safety and Health Review Commission provisions, 65386–65389 National Aeronautics and Space Administration PROPOSED RULES Production and utilization facilities; domestic licensing: NOTICES Nuclear power plants; decommissioning trust fund Meetings: provisions, 65415–65417 Advisory Council NOTICES Minority Business Resource Advisory Committee, Meetings: 65475 Reactor Safeguards Advisory Committee, 65476–65477 National Highway Traffic Safety Administration Applications, hearings, determinations, etc.: RULES FPL Energy Seabrook, LLC, 65476 Motor vehicle safety standards: Tire pressure monitoring systems; controls and displays, Occupational Safety and Health Administration 65404–65409 NOTICES PROPOSED RULES Meetings: Motor vehicle safety standards: Occupational Safety and Health National Advisory Occupant crash protection— Committee, 65474–65475 Automatic door locks; testing with doors locked; petition denied, 65431–65433 Postal Service NOTICES PROPOSED RULES Motor vehicle safety standards: Postage meters: Nonconforming vechicles— Manufacture and distribution; authorization, 65429– Importation eligibility; determinations, 65489–65490 65430 National Institutes of Health Postal programs: Semipostal Stamp Program, 65430–65431 NOTICES Meetings: National Cancer Institute, 65459 Presidential Documents National Institute of Arthritis and Musculoskeletal and ADMINISTRATIVE ORDERS Skin Diseases, 65460 Russia; waiver of restrictions on assistance (Presidential National Institute of Diabetes and Digestive and Kidney Determination No. 2004-08 of November 7, 2003), Diseases, 65459 65383 National Institute of Mental Health, 65461 National Institute on Alcohol Abuse and Alcoholism, Securities and Exchange Commission 65459–65460 NOTICES National Institute on Drug Abuse, 65460–65461 Self-regulatory organizations; proposed rule changes: Scientific Review Center, 65461–65462 Boston Stock Exchange, Inc., 65477–65483 Walter Grant Magnuson Clinical Center Board of Governors, 65462 State Department NOTICES National Oceanic and Atmospheric Administration Art objects; importation for exhibition: RULES Gilbert Stuart, 65483–65484 Marine mammals: Grants and cooperative agreements; availability, etc.: Commercial fishing authorizations— Azerbaijan— Atlantic Large Whale Take Reduction Plan, 65409– Elementary school curriculum development and 65411 NOTICES teacher education project, 65484–65487 Marine mammals: Organization, functions, and authority delegations: Incidental taking; authorization letters, etc.— Agency for International Development, Administrator, Lamont-Doherty Earth Observatory; Northwest Atlantic 65487 Ocean near Bermuda; oceanographic survey, 65438–65445 Surface Mining Reclamation and Enforcement Office Meetings: RULES Marine Fisheries Advisory Committee, 65445 Abandoned Mine Land Reclamation Program: Permits: Government-financed construction, 65621–65625 Scientific research, 65445 PROPOSED RULES Permanent program and abandoned mine land reclamation National Science Foundation plan submissions: NOTICES Colorado, 65422–65424 Meetings; Sunshine Act, 65475–65476 Kentucky, 65424–65426

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Surface Transportation Board Veterans Affairs Department NOTICES RULES Railroad operation, acquisition, construction, etc.: Vocational rehabilitation and education: CSX Transportation, Inc., 65490–65491 Veterans education— Educational Assistance Test Program; increased Textile Agreements Implementation Committee allowances, 65399–65401 See Committee for the Implementation of Textile Agreements Separate Parts In This Issue Transportation Department Part II See Federal Aviation Administration See Federal Highway Administration Transportation Department, Federal Highway See National Highway Traffic Safety Administration Administration, 65495–65583 See Surface Transportation Board NOTICES Part III Aviation proceedings: Environmental Protection Agency, 65585–65619 Agreements filed; weekly receipts, 65487–65488 Part IV Interior Department, Surface Mining Reclamation and Treasury Department Enforcement Office, 65621–65625 See Internal Revenue Service RULES Currency and foreign transactions; financial reporting and recordkeeping requirements: Reader Aids Bank Secrecy Act; implementation— Consult the Reader Aids section at the end of this issue for Futures commission merchants and introducing brokers phone numbers, online resources, finding aids, reminders, in commodities; definition as financial institutions; and notice of recently enacted public laws. suspicious transaction reporting requirements, To subscribe to the Federal Register Table of Contents 65392–65399 LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Agency information collection activities; proposals, archives, FEDREGTOC-L, Join or leave the list (or change submissions, and approvals, 65491 settings); then follow the instructions.

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CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Administrative Orders: Presidential Determinations: No. 2004-8 of November 7, 2003 ...... 65383 7 CFR 1464...... 65385 Proposed Rules: 1423...... 65412 10 CFR 50...... 65386 Proposed Rules: 50...... 65415 12 CFR Proposed Rules: 614...... 65417 620...... 65417 630...... 65417 14 CFR 71...... 65389 95...... 65390 Proposed Rules: 71...... 65417 21 CFR 20...... 65392 23 CFR 655...... 65496 26 CFR Proposed Rules: 1...... 65419 30 CFR 707...... 65622 Proposed Rules: 906...... 65422 917...... 65424 31 CFR 103...... 65392 33 CFR Proposed Rules: 165...... 65427 38 CFR 21...... 65399 39 CFR Proposed Rules: 501...... 65429 551...... 65430 40 CFR 70...... 65401 1600...... 65403 Proposed Rules: 260...... 65586 261...... 65586 49 CFR 571...... 65404 590...... 65404 Proposed Rules: 571...... 65431 50 CFR 229...... 65409

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Federal Register Presidential Documents Vol. 68, No. 224

Thursday, November 20, 2003

Title 3— Presidential Determination No. 2004–08 of November 7, 2003

The President Waiver of Restrictions on Assistance to Russia under the Cooperative Threat Reduction Act of 1993 and Title V of the FREEDOM Support Act

Memorandum for the Secretary of State

Consistent with the authority vested in me by section 1306 of the National Defense Authorization Act for Fiscal Year 2003 (Public Law 107–314), I hereby certify that waiving the restrictions contained in subsection (d) of section 1203 of the Cooperative Threat Reduction Act of 1993 (22 U.S.C. 5952), as amended, and the requirements contained in section 502 of the FREEDOM Support Act (22 U.S.C. 5852) during Fiscal Year 2004 with respect to the Russian Federation is important to the national security interests of the United States. I have enclosed the unclassified report described in section 1306(b)(1) of the National Defense Authorization Act for Fiscal Year 2003, together with a classified annex. You are authorized and directed to transmit this certification and report with its classified annex to the Congress and to arrange for the publication of this certification in the Federal Register. W THE WHITE HOUSE, Washington, November 7, 2003.

[FR Doc. 03–29162 Filed 11–19–03; 8:45 am] Billing code 4710–10–P

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Rules and Regulations Federal Register Vol. 68, No. 224

Thursday, November 20, 2003

This section of the FEDERAL REGISTER tobacco producers to purchase crop Executive Order 12372 contains regulatory documents having general insurance in order to be eligible to applicability and legal effect, most of which These corrections are not subject to receive a loan. Section 192(a)(2) of the the provisions of Executive Order are keyed to and codified in the Code of Federal Agriculture Improvement and Federal Regulations, which is published under 12372, which require consultation with 50 titles pursuant to 44 U.S.C. 1510. Reform Act of 1996 (Pub. L. 104–127) State and local officials. See the notice removed that requirement. This rule related to 7 CFR part 3015, subpart V, The Code of Federal Regulations is sold by removes the crop insurance provisions published at 48 FR 29115 (June 24, the Superintendent of Documents. Prices of of § 1464.7(f). Also, this rule 1983). new books are listed in the first FEDERAL implements name changes in certain REGISTER issue of each week. USDA institutions. Finally, the rule will Unfunded Mandates correct the Office of Management and This rule contains no Federal Budget (OMB) control numbers for the DEPARTMENT OF AGRICULTURE mandates under the provisions of Title forms used in administering the II of the Unfunded Mandates Reform Commodity Credit Corporation regulations in the part. Because this rule Act of 1995 (UMRA) for State, local and removes requirements or makes tribal governments or the private sector. 7 CFR Part 1464 technical changes only, withholding the Therefore this rule is not subject to the publication of this rule for comment requirements of sections 202 and 205 of RIN 0560–AH06 would be contrary to the public interest the UMRA. and unnecessary. Purchase of Crop Insurance for Federal Assistance Program Tobacco Price Support Eligibility Executive Order 12866 The number and title of the Federal AGENCY: Commodity Credit Corporation, This final rule is issued in assistance program, as found in the Catalogue of Federal Domestic USDA. conformance with Executive Order Assistance, to which this rule applies ACTION: Final rule. 12866, has been determined to be not are: significant, and therefore has not been SUMMARY: This action amends the reviewed by the Office of Management 10.051—Commodity Loans and Loan Tobacco Loan Program regulations to Deficiency Payments reflect a statutory change that removes and Budget. the former statutory requirement that Regulatory Flexibility Act Paperwork Reduction Act tobacco must be insured to be eligible This rule does not affect the for price support loans and to revise The Regulatory Flexibility Act is not information collection requirements of 7 various organizational titles and OMB applicable to this rule because the CFR part 1464 approved by OMB and information collection control numbers. United States Department of Agriculture assigned OMB control numbers 0560– EFFECTIVE DATE: November 20, 2003. (USDA) is not required by 5 U.S.C. 553 0058 and 0560–0182. or any other law to publish a notice of FOR FURTHER INFORMATION CONTACT: Ann List of Subjects in Part 1464 Wortham, Agricultural Program proposed rulemaking with respect to the Specialist, Tobacco Division, Farm substance of this rule. Eligibility, Price support, Tobacco. Service Agency, USDA, STOP 0514, Environmental Review ■ Accordingly, as set forth in the 1400 Independence Avenue, SW., preamble, 7 CFR part 1464 is amended Washington, DC 20250–0514; FSA has determined that this action as follows: Telephone: (202) 720–2715; e-mail: does not constitute a major Federal [email protected]. action significantly affecting the quality PART 1464—TOBACCO SUPPLEMENTARY INFORMATION: of the human environment. In ■ 1. The authority citation for 7 CFR part accordance with the National 1464 continues to read as follows: Discussion of Final Rule Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), and the Authority: 7 U.S.C. 1421, 1423, 1441, 1445, This rule will remove the requirement 1445–1, and 1445–2; 15 U.S.C. 714b, 714c. that eligible producers must purchase FSA regualtions for NEPA at 7 CFR part crop insurance on their tobacco in order 799, neither an Environmental Impact ■ 2. In the table below, for each section to be eligible to receive price support Statement nor an environmental indicated in the left column, remove the loans under the Tobacco Loan Program. assessment is required. A copy of the phrase indicated in the middle column At one time, but not presently, section environmental evaluation used to make wherever it appears in the section, and 508(b)(7) of the Federal Crop Insurance this determination is available for add the phrase indicated in the right Act (7 U.S.C. 1508(b)(7)) required inspection and review upon request. column:

Section Remove Add

1464.1(a); 1464.101(b); 1464.105 ...... Tobacco and Peanuts Division ...... Tobacco Division. 1464.2(b)(2)(iii); 1464.2(b)(2)(iv); County FSA office ...... FSA county office. 1464.2(b)(2)(v); 1464.2(b)(2)(vii). 1464.8(e)(2); 1464.10(e) ...... County ASC committee ...... FSA county committee. 1464.10(j)(2); 1464.10(j)(3) ...... State ASC committee ...... FSA State committee. 1464.108 ...... National Appeals Division, FSA ...... National Appeals Division, USDA.

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Section Remove Add

Part 1464, Appendix A ...... Agricultural Stabilization and Conservation Farm Service Agency. Service.

§ 1464.4 [Amended] after December 22, 2003, will be access to ADAMS or if there are ■ 2. In the first sentence of § 1464.4(b), considered if it is practical to do so, but problems in accessing the documents revise the phrase ‘‘Claim Control Record, the NRC is able to ensure only that located in ADAMS, contact the NRC Form ASCS–604’’ to read ‘‘Claim Control comments received on or before this Public Document Room (PDR) Reference Record.’’ date will be considered. staff at 1–800–397–4209, 301–415–4737 ADDRESSES: You may submit comments or by email to [email protected]. § 1464.7 [Amended] by any one of the following methods. FOR FURTHER INFORMATION CONTACT: ■ 3. In § 1464.7, remove paragraph (f). Please include the following number Brian J. Richter, Office of Nuclear ■ 4. Revise § 1464.24 to read as follows: (RIN 3150–AH32) in the subject line of Reactor Regulation, U.S. Nuclear your comments. Comments on Regulatory Commission, Washington, § 1464.24 OMB control numbers assigned rulemakings submitted in writing or in DC 20555–0001; telephone (301) 415– pursuant to the Paperwork Reduction Act. electronic form will be made available 1978; e-mail [email protected]. The information collection to the public in their entirety on the SUPPLEMENTARY INFORMATION: Because requirements contained in this part have NRC rulemaking web site. Personal NRC considers this action to be been approved by the Office of information will not be removed from noncontroversial, the NRC is using the Management and Budget (OMB) under your comments. direct final rule process for this rule. the provisions of 44 U.S.C. chapter 35 Mail comments to: Secretary, U.S. The amendments in this rule will and have been assigned OMB control Nuclear Regulatory Commission, become effective on December 24, 2003. numbers 0560–0058 and 0560–0182. Washington, DC 20555–0001, ATTN: However, if the NRC receives significant Signed at Washington, DC, on November Rulemakings and Adjudications Staff. adverse comments on this direct final 14, 2003. E-mail comments to: [email protected]. If rule by December 22, 2003, then the James R. Little, you do not receive a reply e-mail NRC will publish a document that Executive Vice President, Commodity Credit confirming that we have received your withdraws this action and will Corporation. comments, contact us directly at (301) subsequently address the comments [FR Doc. 03–28990 Filed 11–19–03; 8:45 am] 415–1966. You may also submit received in a final rule as a response to BILLING CODE 3410–05–P comments via the NRC’s rulemaking the companion proposed rule published Web site at http://ruleforum.llnl.gov. elsewhere in this Federal Register. Address questions about our rulemaking Absent significant modifications to the NUCLEAR REGULATORY Web site to Carol Gallagher (301) 415– proposed revisions requiring COMMISSION 5905; email [email protected]. republication, the NRC will not initiate Hand deliver comments to: 11555 a second comment period on this action. 10 CFR Part 50 Rockville Pike, Rockville, Maryland A significant adverse comment is a 20852, between 7:30 am and 4:15 pm comment where the commenter RIN 3150–AH32 Federal workdays. (Telephone (301) explains why the rule would be Minor Changes to Decommissioning 415–1966). inappropriate, including challenges to Trust Fund Provisions Fax comments to: Secretary, U.S. the rule’s underlying premise or Nuclear Regulatory Commission at (301) approach, or would be ineffective or AGENCY: Nuclear Regulatory 415–1101. unacceptable without a change. A Commission. Publicly available documents related comment is adverse and significant if: ACTION: Direct final rule. to this rulemaking may be viewed (1) The comment opposes the rule and electronically on the public computers provides a reason sufficient to require a SUMMARY: The Nuclear Regulatory located at the NRC’s Public Document substantive response in a notice-and- Commission (NRC) is amending its Room (PDR), O1 F21, One White Flint comment process. For example, a regulations related to decommissioning North, 11555 Rockville Pike, Rockville, substantive response is required when— trust fund provisions to correct Maryland. The PDR reproduction (a) The comment causes the staff to typographical errors and make minor contractor will copy documents for a reevaluate (or reconsider) its position or changes to a final rule promulgated by fee. Selected documents, including conduct additional analysis; the NRC in December of 2002. This comments, may be viewed and (b) The comment raises an issue action adds clarifying language to downloaded electronically via the NRC serious enough to warrant a substantive amendments regarding notification rulemaking Web site at http:// response to clarify or complete the requirements, investment prohibitions, ruleforum.llnl.gov. record; or and the option for licensees to retain Publicly available documents created (c) The comment raises a relevant their existing license conditions. or received at the NRC after November issue that was not previously addressed EFFECTIVE DATE: The final rule will 1, 1999, are available electronically at or considered by the staff. become effective December 24, 2003, the NRC’s Electronic Reading Room at (2) The comment proposes a change unless significant adverse comments on http://www.nrc.gov/reading-rm/ or an addition to the rule and it is the amendment are received by adams.html. From this site, the public apparent that the rule would be December 22, 2003. If the rule is can gain entry into the NRC’s ineffective or unacceptable without withdrawn as a result of such Agencywide Document Access and incorporation of the change or addition. comments, timely notice of the Management System (ADAMS), which (3) The comment causes the staff to withdrawal will be published in the provides text and image files of NRC’s make a change (other than editorial) to Federal Register. Comments received public documents. If you do not have the rule.

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Background trust, escrow account, Government Preserving the Option To Retain On December 24, 2002, the Nuclear fund, or other account used to segregate Existing License Conditions Regulatory Commission (NRC) and manage the funds, other than for NEI’s third point related to licensees published in the Federal Register (67 payments of ordinary administrative being able to retain their existing license FR 78332) a final rule entitled costs (including taxes) and other conditions. NEI stated that the rule ‘‘Decommissioning Trust Provisions,’’ incidental expenses of the fund language does not reflect the intent of which amended the NRC’s regulations (including legal, accounting, actuarial, the Commission that individual relating to decommissioning trust and trustee expenses) in connection licensees should have the option of provisions for nuclear power plant with the operation of the fund, are retaining their existing license licensees. The rule required licensees restricted to decommissioning expenses conditions. The NRC agrees with the that are no longer rate-regulated or who or transfer to another financial comment and amends the rule by no longer have access to a non- assurance method acceptable under adding the following as a new section, bypassable charge for decommissioning paragraph (e) of this section until final 10 CFR 50.75(h)(5), to become effective to have decommissioning trust decommissioning has been completed. on December 24, 2003: agreements in a form acceptable to the ***’’ (emphasis added.) The provisions of paragraphs (h)(1) NRC in order to increase assurance that In order to eliminate any further through (h)(3) do not apply to any licensee an adequate amount of confusion regarding the present rule that as of December 24, 2003, was subject to decommissioning funds will be language, the NRC is revising the rule existing license conditions relating to the terms and conditions of decommissioning available for their intended purpose. language to essentially the language NEI The rule has an effective date of trust agreements, so long as the licensee does proposed. That is, 10 CFR not elect to amend those license conditions. December 24, 2003. 50.75(h)(1)(iv) will read ‘‘Except for After publication of the final rule, the If a licensee with existing license conditions withdrawals being made under 10 CFR relating to decommissioning trust agreements Nuclear Energy Institute (NEI) suggested 50.82(a)(8) or for payments of ordinary elects to amend the conditions, the license that an administrative rulemaking be administrative costs (including taxes) amendment shall be in accordance with the undertaken to correct what it perceived and other incidental expenses of the provisions of paragraph (h) of this section. to be administrative errors in the rule. fund (including legal, accounting, The NRC agrees with NEI’s requested Investment Prohibition actuarial, and trustee expenses) in changes, but because NRC considers this Lastly, NEI discussed investment connection with the operation of the action noncontroversial and routine, the prohibition requirements of the rule. fund, no disbursement or payment may NRC is using the direct final rule NEI stated that the rule failed ‘‘to be made from the trust, ***’’ procedure for this rule. include a general prohibition against (emphasis added.) investments in nuclear plant owners, NEI’s Proposed Changes Further, this rulemaking is also although such a prohibition was In a July 1, 2003, letter to the Director revising the first sentence of 10 CFR intended * * *,’’ and proposed the of the NRC’s Office of Nuclear Reactor 50.75(h)(2) to read ‘‘Licensees that are following change in § 50.75(h)(1)(i)(A) Regulation (NRR), NEI identified ‘‘four ‘electric utilities’ under § 50.2 that use which, as revised, would read: ‘‘*** important instances’’ in which prepayment or an external sinking fund is prohibited from investing the funds in ‘‘administrative errors involving errors to provide financial assurance, shall securities or other obligations of the or omissions in drafting, * * * if include a provision in the terms of the licensee or any other owner or operator uncorrected * * * could affect efficient trust, escrow account, Government of any power reactor * * *’’ (emphasis implementation of the new rule.’’ The fund, or other account used to segregate added.) The NRC agrees and is making four instances identified by NEI were (1) and manage funds that except for the proposed change (with the notification requirement for withdrawals being made under 10 CFR modification ‘‘any nuclear power administrative expenses, (2) effective 50.82(a)(8) or for payments of ordinary reactor’’ to be consistent with the rest of date of the new rule, (3) preserving the administrative costs (including taxes) the rule) through this direct final rule option to retain existing license and other incidental expenses of the effort. conditions, and (4) investment fund (including legal, accounting, Miscellaneous NRC Corrections prohibition. actuarial, and trustee expenses) in connection with the operation of the The NRC is clarifying the Notification Requirement for applicability of the de minimis Administrative Expenses fund, no disbursement or payment may be made, from the trust, ***.’’ limitation contained in the investment NEI stated that NRC failed to exclude prohibition, so that the de minimis (emphasis added.) ordinary administrative expenses from proviso will now read ‘‘* * * and the new rule’s requirement that the fund Effective Date of the New Rule provided further that no more than 10 withdrawals require prior NRC percent of trust assets may be indirectly notification. Further, NEI stated that the The second point NEI raised related to invested in securities of any entity NRC did not intend, supported by the the effective date of the new rule. NEI’s owning or operating one or more language in its Statement of position is that certain changes made by nuclear power plants.’’ In addition, the Considerations, for licensees to notify the rule, other than those changes in 10 NRC is making an editorial change to the NRC when paying ordinary trust CFR 50.75(h)(1)–(3), should be made clarify that the securities of operators, as administrative expenses. NEI asserted immediately effective, rather than on well as owners, of nuclear power plants that ‘‘* * * [T]he above-cited December 24, 2003, as now called for in are subject to the investment provisions provisions of the final rule failed to the rule. The NRC believes that there is in their entirety. Finally, the NRC is associate administrative expenses with no substantive reason to change the correcting minor typographical errors in an exclusion from the notice effective date of the rule because the paragraphs (e)(1)(i) and (e)(1)(ii) so that requirement.’’ In fact, the final rule Commission has already determined the term ‘‘permanent termination of states in § 50.75(h)(1)(iv) ‘‘*** that the December 24, 2003, effective operations’’ is used in full where the Disbursements, or payments from the date is appropriate. term ‘‘permanent termination’’ now

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appears, and correcting nonsubstantive amendment; it has no Section 50.7 also issued under Pub. L. 95– § 50.75(h)(1)(i)(B) to make consistent economic impact on NRC licensees or 601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). references to ‘‘standard of care’. the public. Section 50.10 also issued under Secs. 101, 185, 68 Stat. 955 as amended (42 U.S.C. 2131, Voluntary Consensus Standards Regulatory Flexibility Certification 2235), sec. 102, Pub. L. 91–190, 83 Stat. 853 The National Technology Transfer (42 U.S.C. 4332). Sections 50.13, 50.54(dd), In accordance with the Regulatory and 50.103 also issued under sec. 108, 68 and Advancement Act of 1995, Pub. L. Flexibility Act (5 U.S.C. 605(b)), the Stat. 939, as amended (42 U.S.C. 2138). 104–113, requires that Federal agencies Commission certifies that this rule does Sections 50.23, 50.35, 50.55, and 50.56 also use technical standards that are not have a significant economic impact issued under sec. 185, 68 Stat. 955 (42 U.S.C. developed or adopted by voluntary on a substantial number of small 2235). consensus standards bodies unless entities. This final rule affects only the Sections 50.33a, 50.55a and Appendix Q using such a standard is inconsistent licensing and operation of nuclear also issued under sec. 102, Pub. L. 91–190, with applicable law or is otherwise power plants. The companies that own 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 impractical. In this final rule, the NRC these plants do not fall within the scope and 50.54 also issued under sec. 204, 88 Stat. is making clarifying changes to the 1245 (42 U.S.C. 5844). Sections 50.58, 50.91, of the definition of ‘‘small entities’’ set and 50.92 also issued under Pub. L. 97–415, existing rule and modifying the effective forth in the Regulatory Flexibility Act or 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 date of a part of the rule. These actions the size standards established by the also issued under sec. 122, 68 Stat. 939 (42 do not constitute the establishment of a NRC (10 CFR 2.810). U.S.C. 2152). Sections 50.80–50.81 also standard that contains generally issued under sec. 184, 68 Stat. 954, as applicable requirements. Backfit Analysis amended (42 U.S.C. 2234). Appendix F also The NRC has determined that the issued under sec. 187, 68 Stat. 955 (42 U.S.C. Finding of No Significant 2237). Environmental Impact: Availability backfit rule does not apply to this rule, and, therefore, a backfit analysis is not ■ 2. In § 50.75, the sixth sentence of The Commission has determined required because these amendments do paragraphs (e)(1)(i) and the sixth under the National Environmental not involve any provisions that would sentence of (e)(1)(ii), paragraph Policy Act of 1969, as amended, and the impose backfits as defined in 10 CFR (h)(1)(i)(A), the first sentences of Commission’s regulations in Subpart A chapter I. paragraphs (h)(1)(i)(B), (h)(1)(iv), and of 10 CFR part 51 that this rule is not (h)(2), are revised, and a new paragraph Small Business Regulatory Enforcement a major Federal action significantly (h)(5) is added to read as follows: affecting the quality of the human Fairness Act environment and, therefore, an In accordance with the Small § 50.75 Reporting and recordkeeping for decommissioning planning. environmental impact statement is not Business Regulatory Enforcement required. These changes would not Fairness Act of 1996, the NRC has * * * * * result in any increased impact on the determined that this action is not a (e) * * * environment from decommissioning major rule and has verified this (1) * * * (i) * * * A licensee that has prepaid activities as analyzed in the Final determination with the Office of funds based on the formulas in Generic Environmental Impact Information and Regulatory Affairs of § 50.75(c) of this section may take credit Statement on Decommissioning of OMB. Nuclear Facilities (NUREG–0586, for projected earnings on the prepaid August 1988) and Draft Supplement 1 List of Subjects in 10 CFR Part 50 decommissioning funds using up to a 2 percent annual real rate of return up to (NUREG–0586, Draft Supplement 1, Antitrust, Classified information, the time of permanent termination of October 2001). Therefore, promulgation Criminal penalties, Fire protection, of this rule would not introduce any operations. Intergovernmental relations, Nuclear (ii) * * * A licensee that has impacts on the environment not power plants and reactors, Radiation previously considered by the NRC. collected funds based on the formulas in protection, Reactor siting criteria, and § 50.75(c) of this section may take credit Paperwork Reduction Act Statement Reporting and recordkeeping for collected earnings on the requirements. This final rule does not contain new decommissioning funds using up to a 2 ■ or amended information collection For the reasons set out in the preamble percent annual real rate of return up to requirements subject to the Paperwork and under the authority of the Atomic the time of permanent termination of Reduction Act of 1995 (44 U.S.C. 3501 Energy Act of 1954, as amended; the operations.* * * et seq.). Existing requirements were Energy Reorganization Act of 1974, as * * * * * approved by the Office of Management amended; and 5 U.S.C. 552 and 553, the (h) * * * and Budget (OMB) approval 3150–0011, NRC is adopting the following (1) * * * 10 CFR part 50. amendments to 10 CFR Part 50. (i) * * * (A) Is prohibited from investing the Public Protection Notification PART 50—DOMESTIC LICENSING OF funds in securities or other obligations PRODUCTION AND UTILIZATION The NRC may not conduct or sponsor, of the licensee or any other owner or FACILITIES and a person is not required to respond operator of any nuclear power reactor or to, a request for information or an ■ 1. The authority citation for Part 50 their affiliates, subsidiaries, successors information collection requirement continues to read as follows: or assigns, or in a mutual fund in which unless the requesting document at least 50 percent of the fund is displays a currently valid OMB control Authority: Secs. 102, 103, 104, 105, 161, invested in the securities of a licensee 182, 183, 186, 189, 68 Stat. 936, 937, 938, or parent company whose subsidiary is number. 948, 953, 954, 955, 956, as amended, sec. an owner or operator of a foreign or Regulatory Analysis 234, 83 Stat. 444, as amended (42 U.S.C. 2132, 2133, 2134, 2135, 2201, 2232, 2233, domestic nuclear power plant. However, A regulatory analysis has not been 2236, 2239, 2282); Secs. 201, as amended, the funds may be invested in securities prepared for this direct final rule 202, 206, 88 Stat. 1242, as amended, 1244, tied to market indices or other non- because this rule is considered a minor, 1246 (42 U.S.C. 5841, 5842, 5846). nuclear sector collective, commingled,

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or mutual funds, provided that this Reactor Regulation, or the Director, docket number FAA–2003–16409/ subsection shall not operate in such a Office of Nuclear Material Safety and Airspace Docket No. 03–ACE–78, at the way as to require the sale or transfer Safeguards, as applicable at least 30 beginning of your comments. You may either in whole or in part, or other working days before the date of the also submit comments on the Internet at disposition of any such prohibited intended disbursement or payment. http://dms.dot.gov. You may review the investment that was made before the *** public docket containing the proposal, publication date of this rule, and * * * * * any comments received, and any final provided further that no more than 10 (5) The provisions of paragraphs (h)(1) disposition in person in the Dockets percent of trust assets may be indirectly through (h)(3) of this section do not Office between 9 a.m. and 5 p.m., invested in securities of any entity apply to any licensee that as of Monday through Friday, except Federal owning or operating one or more December 24, 2003, has existing license holidays. The Docket Office (telephone nuclear power plants. conditions relating to decommissioning 1–800–647–5527) is on the plaza level (B) Is obligated at all times to adhere trust agreements, so long as the licensee of the Department of Transportation to a standard of care set forth in the does not elect to amend those license NASSIF Building at the above address. trust, which either shall be the standard conditions. If a licensee with existing FOR FURTHER INFORMATION CONTACT: of care, whether in investing or license conditions relating to Brenda Mumper, Air Traffic Division, otherwise, required by State or Federal decommissioning trust agreements Airspace Branch, ACE–520A, DOT law or one or more State or Federal elects to amend those conditions, the Regional Headquarters Building, Federal regulatory agencies with jurisdiction license amendment shall be in Aviation Administration, 901 Locust, over the trust funds, or, in the absence accordance with the provisions of Kansas City, MO 64106; telephone (816) of any such standard of care, whether in paragraph (h) of this section. 329–2524. investing or otherwise, that a prudent Dated at Rockville, Maryland, this 20th day SUPPLEMENTARY INFORMATION: This investor would use in the same of October, 2003. amendment to 14 CFR 71 modifies the circumstances. * * * For the Nuclear Regulatory Commission. legal description of the Class E airspace * * * * * William D. Travers, designated as a surface area and the (iv) Except for withdrawals being Executive Director for Operations. Class E airspace area extending upward made under 10 CFR 50.82(a)(8) or for [FR Doc. 03–29022 Filed 11–19–03; 8:45 am] from 700 feet above the surface at payments of ordinary administrative BILLING CODE 7590–01–P Sidney, NE. It replaces ‘‘Sidney costs (including taxes) and other Municipal Airport,’’ the former name of incidental expenses of the fund the airport, with ‘‘Sidney Municipal/ (including legal, accounting, actuarial, DEPARTMENT OF TRANSPORTATION Lloyd W. Carr Field,’’ the new name of and trustee expenses) in connection the airport, in the both legal with the operation of the fund, no Federal Aviation Administration descriptions. This action brings the legal disbursement or payment may be made descriptions of both Sidney, NE airspace from the trust, escrow account, 14 CFR Part 71 areas into compliance with FAA Order Government fund, or other account used 7400.2E, Procedures for Handling to segregate and manage the funds until [Docket No. FAA–2003–16409; Airspace Airspace Matters. The areas will be Docket No. 03–ACE–78] written notice of the intention to make depicted on appropriate aeronautical a disbursement or payment has been Modification of Class E Airspace; charts. Class E airspace designated as given to the Director, Office of Nuclear Sidney, NE surface areas are published in paragraph Reactor Regulation, or the Director, 6002 of FAA Order 7400.9L, dated Office of Nuclear Material Safety and AGENCY: Federal Aviation September 2, 2003, and effective Safeguards, as applicable, at least 30 Administration (FAA), DOT. September 16, 2003, which is working days before the date of the ACTION: Direct final rule; request for incorporated by reference in 14 CFR intended disbursement or payment. comments. 71.1. Class E airspace areas extending *** upward from 700 feet or more above the (2) Licensees that are ‘‘electric SUMMARY: Sidney Municipal Airport, surface of the earth are published in utilities’’ under § 50.2 that use Sidney, NE, has been renamed Sidney paragraph 6005 of the same FAA Order. prepayment or an external sinking fund Municipal/Lloyd W. Carr Field. This The Class E airspace designations listed to provide financial assurance shall action modifies the Sidney, NE Class E in this document will be published include a provision in the terms of the airspace areas by replacing ‘‘Sidney subsequently in the Order. trust, escrow account, Government Municipal Airport’’ in the legal fund, or other account used to segregate descriptions of Sidney, NE Class E The Direct Final Rule Procedure and manage funds that except for airspace areas with ‘‘Sidney Municipal/ The FAA anticipates that this withdrawals being made under 10 CFR Lloyd W. Carr Field’’ and brings the regulation will not result in adverse or 50.82(a)(8) or for payments of ordinary legal description into compliance with negative comment and, therefore, is administrative costs (including taxes) FAA Orders. issuing it as a direct final rule. Previous and other incidental expenses of the DATES: This direct final rule is effective actions of this nature have not been fund (including legal, accounting, on 0901 UTC, February 19, 2004. controversial and have not resulted in actuarial, and trustee expenses) in Comments for inclusion in the Rules adverse comments or objections. Unless connection with the operation of the Docket must be received on or before a written adverse or negative comment, fund, no disbursement or payment may December 17, 2003. or a written notice of intent to submit be made from the trust, escrow account, ADDRESSES: Send comments on this an adverse or negative comment is Government fund, or other account used proposal to the Docket Management received within the comment period, to segregate and manage the funds until System, U.S. Department of the regulation will become effective on written notice of the intention to make Transportation, Room Plaza 401, 400 the date specified above. After the close a disbursement or payment has been Seventh Street, SW., Washington, DC of the comment period, the FAA will given the Director, Office of Nuclear 20590–0001. You must identify the publish a document in the Federal

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Register indicating that no adverse or List of Subject in 14 CFR Part 71 6 miles southwest of the Sidney VORTAC negative comments were received and 323° radial extending from the 6.6-mile Airspace, Incorporation by reference, radius of the airport to 10.5 miles northwest confirming the date on which the final Navigation (air). rule will become effective. If the FAA of the VORTAC. does receive, within the comment Adoption of the Amendment * * * * * period, an adverse or negative comment, ■ Accordingly, the Federal Aviation Issued in Kansas City, MO, on November or written notice of intent to submit 3, 2003. Administration amends 14 CFR part 71 such a comment, a document Paul J. Sheridan, as follows: withdrawing the direct final rule will be Acting Manager, Air Traffic Division, Central published in the Federal Register, and PART 71—DESIGNATION OF CLASS A, Region. a notice of proposed rulemaking may be CLASS B, CLASS C, CLASS D, AND [FR Doc. 03–29030 Filed 11–19–03; 8:45 am] published with a new comment period. CLASS E AIRSPACE AREAS; BILLING CODE 4910–13–M Comments Invited AIRWAYS; ROUTES; AND REPORTING POINTS Interested parties are invited to DEPARTMENT OF TRANSPORTATION participate in this rulemaking by ■ 2. The authority citation for part 71 submitting such written data, views, or continues to read as follows: Federal Aviation Administration arguments, as they may desire. Authority: 49 U.S.C. 106(g), 40103, 40113, Comments that provide the factual basis 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 14 CFR Part 95 supporting the views and suggestions 1963 Comp., p. 389. [Docket No. 30397; Amdt. No. 445 ] presented are particularly helpful in developing reasoned regulatory § 71.1 [Amended] IFR Altitudes; Miscellaneous decisions on the proposal. Comments ■ 2. The incorporation by reference in 14 Amendments are specifically invited on the overall CFR 71.1 of Federal Aviation AGENCY: Federal Aviation regulatory, aeronautical, economic, Administration Order 7400.9L, dated Administration (FAA), DOT. environmental, and energy-related September 2, 2003, and effective aspects of the proposal. September 16, 2003, is amended as ACTION: Final rule. Communications should identify both follows: docket numbers and be submitted in SUMMARY: This amendment adopts triplicate to the address listed above. miscellaneous amendments to the Paragraph 6002 Class E Airspace required IFR (instrument flight rules) Commenters wishing the FAA to Designated as Surface Areas. altitudes and changeover points for acknowledge receipt of their comments * * * * * on this notice must submit with those certain Federal airways, jet routes, or comments a self-addressed, stamped ACE NE E2 Sidney, NE direct routes for which a minimum or postcard on which the following Sidney Municipal/Lloyd W. Carr Field, NE maximum en route authorized IFR statement is made: ‘‘Comments to (Lat. 41°06′05″ N., long 102°59′07″ W.) altitude is prescribed. This regulatory Sidney VORTAC action is needed because of changes Docket No. FAA–2003–16409/Airspace ° ′ ″ ° ′ ″ Docket No. 03–ACE–78.’’ The postcard (Lat. 41 05 48 N., long. 102 58 59 W.) occurring in the National Airspace will be date/time stamped and returned Within a 4.1-mile radius of Sidney System. These changes are designed to to the commenter. Municipal/Lloyd W. Carr Field and within provide for the safe and efficient use of 1.8 miles each side of the Sidney VORTAC the navigable airspace under instrument Agency Findings 126° radial extending from the 4.1-mile conditions in the affected areas. radius of the airport to 7 miles southeast of The regulations adopted herein will EFFECTIVE DATE: 0901 UTC, December the VORTAC and within 1.8 miles each side 25, 2003. not have a substantial direct effect on of the Sidney VORTAC 323° radial extending the States, on the relationship between from the 4.1-mile radius of the airport to 7 FOR FURTHER INFORMATION CONTACT: the national Government and the States, miles northwest of the VORTAC. This Class Donald P. Pate, Flight Procedure or on the distribution of power and E airspace area is effective during the specific Standards Branch (AMCAFS–420), responsibilities among the various dates and times established in advance by a Flight Technologies and Programs levels of government. Therefore, it is Notice to Airmen. The effective date and time Division, Flight Standards Service, determined that this final rule does not will thereafter be continuously published in Federal Aviation Administration, Mike have federalism implications under the Airport/Facility Directory. Monroney Aeronautical Center, 6500 Executive Order 13132. * * * * * South MacArthur Blvd. Oklahoma City, The FAA has determined that this Paragraph 6005 Class E airspace areas OK. 73169 (Mail Address: P.O. Box regulation is noncontroversial and extending upward from 700 feet or more 25082 Oklahoma City, OK. 73125) unlikely to result in adverse or negative above the surface of the earth. telephone: (405) 954–4164. comments. For the reasons discussed in * * * * * SUPPLEMENTARY INFORMATION: This the preamble, I certify that this amendment to part 95 of the Federal ACE NE E5 Sidney, NE regulation (1) is not a ‘‘significant Aviation Regulations (14 CFR part 95) regulatory action’’ under Executive Sidney Municipal/Lloyd W. Carr Field, NE ° ′ ″ ° ′ ″ amends, suspends, or revokes IFR Order 12866; (2) is not a ‘‘significant (Lat. 41 06 05 N., long. 102 59 07 W.) altitudes governing the operation of all rule’’ under Department of Sidney VORTAC (Lat. 41°05′48″ N., long. 102°58′59″ W.) aircraft in flight over a specified route Transportation (DOT) Regulatory or any portion of that route, as well as That airspace extending upward from 700 Policies and Procedures (44 FR 11034, the changeover points (COPs) for February 26, 1979); and (3) if feet above the surface within a 6.6-mile radius of Sidney Municipal/Lloyd W. Carr Federal airways, jet routes, or direct promulgated, will not have a significant Field and within 4 miles southwest and 6 routes as prescribed in part 95. economic impact, positive or negative, ° miles northeast of the Sidney VORTAC 126 The Rule on a substantial number of small entities radial extending from the 6.6-mile radius of under the criteria of the Regulatory the airport to 10.5 miles southeast of the The specified IFR altitudes, when Flexibility Act. VORTAC and within 4 miles northeast and used in conjunction with the prescribed

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changeover points for those routes, this amendment are impracticable and number of small entities under the ensure navigation aid coverage that is contrary to the public interest and that criteria of the Regulatory Flexibility Act. adequate for safe flight operations and good cause exists for making the List of Subjects in 14 CFR Part 95 free of frequency interference. The amendment effective in less than 30 reasons and circumstances that create days. Airspace, Navigation (air). the need for this amendment involve Conclusion Issued in Washington, DC, on November matters of flight safety and operational 14, 2003. efficiency in the National Airspace The FAA has determined that this James J. Ballough, System, are related to published regulation only involves an established Director, Flight Standards Service. aeronautical charts that are essential to body of technical regulations for which Adoption of the Amendment the user, and provide for the safe and frequent and routine amendments are efficient use of the navigable airspace. necessary to keep them operationally ■ Accordingly, pursuant to the authority In addition, those various reasons or current. It, therefore—(1) is not a delegated to me by the Administrator, circumstances require making this ‘‘significant regulatory action’’ under part 95 of the Federal Aviation amendment effective before the next Executive Order 12866; (2) is not a Regulations (14 CFR part 95) is amended scheduled charting and publication date ‘‘significant rule’’ under DOT as follows effective at 0901 UTC. of the flight information to assure its Regulatory Policies and Procedures (44 ■ 1. The authority citation for part 95 timely availability to the user. The FR 11034; February 26, 1979); and (3) continues to read as follows: effective date of this amendment reflects does not warrant preparation of a Authority: 49 U.S.C. 106(g), 40103, 40106, those considerations. In view of the regulatory evaluation as the anticipated 40113, 40114, 40120, 44502, 44514, 44719, close and immediate relationship impact is so minimal. For the same 44721. between these regulatory changes and reason, the FAA certifies that this safety in air commerce, I find that notice amendment will not have a significant ■ 2. Part 95 is amended to read as and public procedure before adopting economic impact on a substantial follows:

REVISIONS TO IFR ALTITUDES AND CHANGEOVER POINTS [Amendment 445 Effective Date December 25, 2003]

From To MEA

§ 95.6058 VOR Federal Airway 58 is Amended to Read in Part

Kingston, NY VOR/DME ...... Hartford, CT VOR/DME ...... 3,200

§ 95.6167 VOR Federal Airway 167 is Amended to Read in Part

Hancock, NY VOR/DME ...... Helon, NY FIX ...... 4,100 Helon, NY FIX ...... Kingston, NY VOR/DME ...... 4,000 Kingston, NY VOR/DME ...... Hartford, CT VOR/DME ...... 3,200 Jewit, CT FIX ...... Providence, RI VORTAC ...... * 2,500 * 2,000–MOCA Providence, RI VORTAC ...... Peake, MA FIX ...... * 2,500 * 1,800–MOCA Peake, MA FIX ...... Marconi, MA VOR/DME ...... * 3,000 * 1,600–MOCA

§ 95.6454 VOR Federal Airway 454 is Amended to Read in Part

Banbi, AL FIX ...... Columbus, GA VORTAC ...... * 2,400 * 2,000–MOCA

§ 95.8003 VOR Federal Airway Changeover Points—Airway Segment

Changeover points From To Distance From

V–506 is Amended to Modify Changeover Point

King Salmon, AK VORTAC ...... Bethel AK VORTAC ...... 102 King Salm- on

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[FR Doc. 03–29025 Filed 11–19–03; 8:45 am] DEPARTMENT OF THE TREASURY Regulations implementing Title II of the BILLING CODE 4910–13–P BSA (codified at 31 U.S.C. 5311 et seq.) 31 CFR Part 103 appear at 31 CFR part 103. The RIN 1506–AA44 authority of the Secretary to administer the BSA has been delegated to the DEPARTMENT OF HEALTH AND Financial Crimes Enforcement Director of FinCEN. HUMAN SERVICES Network; Amendments to the Bank The BSA defines the term ‘‘financial Secrecy Act Regulations; Definition of institution’’ to include, among other Food and Drug Administration Futures Commission Merchants and broad categories of institutions, any Introducing Brokers in Commodities ‘‘broker or dealer in securities or 21 CFR Part 20 as Financial Institutions; Requirement commodities.’’ 2 Section 321(b) of the That Futures Commission Merchants USA Patriot Act amended the BSA to expressly include in the definition of [Docket No. 1999N–2637] and Introducing Brokers in Commodities Report Suspicious ‘‘financial institution’’ futures Public Information Regulations; Transactions commission merchants (‘‘FCMs’’) that are registered, or required to register, Correction AGENCY: Financial Crimes Enforcement with the Commodity Futures Trading Network (‘‘FinCEN’’), Treasury. Commission (‘‘CFTC’’) under the AGENCY: Food and Drug Administration, ACTION: Final rules. Commodity Exchange Act (‘‘CEA’’).3 HHS. The Secretary of the Treasury was ACTION: Final rule; correction. SUMMARY: This document contains granted authority in 1992, with the amendments to the regulations enactment of 31 U.S.C. 5318(g),4 to SUMMARY: The Food and Drug implementing the statute generally require financial institutions to report Administration (FDA) is correcting the referred to as the Bank Secrecy Act. The suspicious transactions. Subsection public information regulations to correct amendments add futures commission (g)(1) provides: merchants and introducing brokers in an error that was incorporated in the The Secretary may require any financial commodities to the regulatory definition regulations. This action is being taken to institution, and any director, officer, of ‘‘financial institution’’ and require improve the accuracy of the regulations. employee, or agent of any financial that they report suspicious transactions institution, to report any suspicious DATES: This correction is effective July to FinCEN. Bringing these major transaction relevant to a possible violation of 28, 2003. participants in the futures industry into law or regulation. the Bank Secrecy Act regulatory Subsection (g)(2) provides further: FOR FURTHER INFORMATION CONTACT: structure is intended to further the If a financial institution or any director, Joyce A. Strong, Office of Policy and counter-money laundering program of Planning (HF–27), Food and Drug officer, employee, or agent of any financial the Department of the Treasury. institution, voluntarily or pursuant to this Administration, 5600 Fishers Lane, DATES: Effective Date: December 22, Rockville, MD 20857, 301–827–7010. 2003. protect against international terrorism was added by SUPPLEMENTARY INFORMATION: In the Applicability Date: May 18, 2004. Section 358 of the Uniting and Strengthening America by Providing Appropriate Tools Required Federal Register of May 12, 2003 (68 FR FOR FURTHER INFORMATION CONTACT: to Intercept and Obstruct Terrorism (USA PATRIOT 25283), FDA published a final rule that, Alma M. Angotti, Senior Enforcement Act) Act of 2001 (‘‘USA Patriot Act’’), Pub. L. 107– among other things, amended its Counsel, and Judith R. Starr, Chief 56. Counsel, FinCEN, at (703) 905–3590; 2 31 U.S.C. 5312(a)(2)(H). The Secretary has regulations, in part 20 (21 CFR part 20). clarified that the term ‘‘broker or dealer in In § 20.120, the zip code for the Dockets David Vogt, Associate Director, and commodities’’ in the BSA includes introducing Management Branch is incorrect. This Donald Carbaugh, Chief, Depository brokers in commodities (‘‘IB–Cs’’). See 67 FR 21110, document corrects that error. Institutions, Office of Regulatory 21111 n.5 (April 29, 2002) (anti-money laundering Programs, FinCEN, (202) 354–6400. programs for certain financial institutions); 68 FR § 20.120 [Corrected] 25148 (May 9, 2003) (joint final rule requiring SUPPLEMENTARY INFORMATION: customer identification programs for FCMs and IB– Cs). ■ 1. On page 25287, in the second I. Background 3 7 U.S.C. 1 et seq. Section 321(b) also provided column, § 20.120 Records available in A. Statutory Provisions that the term ‘‘financial institution’’ includes any Food and Drug Administration Public commodity pool operator (‘‘CPO’’) and any Reading Rooms is corrected in the third The Bank Secrecy Act, Pub. L. 91– commodity trading advisor (‘‘CTA’’) registered, or required to register, under the CEA. See 31 U.S.C. sentence of paragraph (a) by removing 508, codified as amended at 12 U.S.C. 5312(c). FinCEN has proposed rules that require ‘‘20857’’ and adding in its place 1829b, 12 U.S.C. 1951–1959, and 31 unregistered investment companies, including ‘‘20852’’. U.S.C. 5311–5314; 5316–5332 (‘‘BSA’’), commodity pools, to have anti-money laundering authorizes the Secretary of the Treasury, (‘‘AML’’) programs (‘‘AMLPs’’). FinCEN also has Dated: November 14, 2003. proposed rules requiring CTAs to have AMLPs. 68 inter alia, to issue regulations requiring FR 23640 (May 5, 2003). A requisite element of Jeffrey Shuren, financial institutions to keep records these AMLPs is the requirement to have policies, Assistant Commissioner for Policy. and file reports that are determined to procedures, and controls that are reasonably [FR Doc. 03–28985 Filed 11–19–03; 8:45 am] have a high degree of usefulness in designed to ensure compliance with the BSA and criminal, tax, and regulatory matters, or its implementing regulations. BILLING CODE 4160–01–S 4 31 U.S.C. 5318(g) was added to the BSA by in the conduct of intelligence or section 1517 of the Annunzio-Wylie Anti-Money counter-intelligence activities to protect Laundering Act, Title XV of the Housing and against international terrorism, and to Community Development Act of 1992, Pub. L. 102– implement counter-money laundering 550; it was expanded by section 403 of the Money 1 Laundering Suppression Act of 1994, Title IV of the programs and compliance procedures. Riegle Community Development and Regulatory Improvement Act of 1994, Pub. L. 103–325, to 1 Language expanding the scope of the BSA to require designation of a single government recipient intelligence or counter-intelligence activities to for reports of suspicious transactions.

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section or any other authority, reports a Treasury to address comprehensively IB–Cs. The reporting and recordkeeping suspicious transaction to a government the risk of money laundering in the provisions of the BSA, including agency * * * the financial institution, futures industry. In April 2002, FinCEN suspicious transaction reporting by director, officer, employee, or agent may not issued an interim final rule requiring FCMs and IB–Cs can provide highly notify any person involved in the transaction that the transaction has been reported. FCMs and IB–Cs to develop and useful information in law enforcement implement AMLPs to prevent them from and regulatory investigations and Subsection (g)(3) provides that any being used to launder money or finance proceedings, and in the conduct of financial institution, director, officer, terrorist activities, which includes intelligence activities to protect against employee, or agent of any financial achieving and monitoring compliance international terrorism.15 institution with the applicable requirements of the II. Notice of Proposed Rulemaking and Bank Secrecy Act and the Secretary of that makes a voluntary disclosure of any Comments possible violation of law or regulation * * * the Treasury’s implementing or makes a disclosure pursuant to this regulations.10 On May 5, 2003, FinCEN published a subsection or any other authority * * * shall This final rule follows other recent notice of proposed rulemaking (the not be liable to any person under any law or actions that expand the application of ‘‘Notice’’) 16 that would extend the regulation of the United States, any the BSA to additional financial reporting and recordkeeping obligations constitution, law, or regulation of any State institutions and require those financial of the BSA, including suspicious or political subdivision [thereof] * * * for transaction reporting, to FCMs and IB– such disclosure or for any failure to provide institutions to report suspicious notice of such disclosure to the person who transactions. For example, since April Cs. FinCEN received two comment is the subject of such disclosure or any other 1996, rules issued by FinCEN under the letters on the Notice: one comment from person identified in the disclosure. authority contained in 31 U.S.C. 5318(g) NFA and one comment from the Futures Industry Association, an industry trade Finally, subsection (g)(4)(A) requires have required banks, thrifts, and other association. Both commenters support the Secretary of the Treasury, ‘‘to the banking organizations to report 11 the proposed rule, but each suggested extent practicable and appropriate,’’ to suspicious transactions. In certain changes and clarifications they designate ‘‘a single officer or agency of collaboration with FinCEN, the federal believe would be appropriate. Changes the United States to whom such reports bank supervisors concurrently issued and clarifications resulting from these shall be made.’’ 5 The designated agency suspicious transaction reporting rules 12 comments are discussed below in the is in turn responsible for referring any under their own authority. The bank supervisory agency rules apply to banks, section-by-section analysis. report of a suspicious transaction to bank holding companies, and non- ‘‘any appropriate law enforcement or III. Section-by-Section Analysis depository institution affiliates and supervisory agency.’’ 6 subsidiaries of banks and bank holding A. 103.11(ii)—Meaning of Terms B. FCMs and IB–Cs: Regulation and companies. Money services businesses 1. Definitions of Futures Commission Money Laundering have been required to report suspicious Merchant and Introducing Broker- The final suspicious activity reporting transactions to the Department of the Commodities. Under this final rule, the 13 rule contained in this document applies Treasury since the beginning of 2002. definition of ‘‘financial institution’’ in to FCMs and IB–Cs. An FCM is defined In July 2002, FinCEN took a further step 31 CFR 103.11(n) includes FCMs and in the CEA as an individual, association, in the creation of a comprehensive IB–Cs as these terms are defined in partnership, corporation, or trust that is system for the reporting of suspicious paragraphs (zz) and (aaa), respectively. engaged in soliciting or accepting orders transactions by the major categories of There were no comments concerning and funds for the purchase or sale of a financial institutions operating in the these definitions, and FinCEN is commodity for future delivery on or United States by requiring brokers and adopting them as proposed. dealers in securities (‘‘BDs’’) to report These terms encompass any person subject to the rules of a contract market 14 or derivatives transaction execution suspicious transactions. In October registered or required to be registered as facility (‘‘DTEF’’).7 An IB–C is similarly 2002, FinCEN issued a final rule an FCM or IB–C with the CFTC,17 but requiring casinos to report suspicious defined,8 except that an IB–C may not exclude securities BDs that have notice transactions, and a proposed rule that accept money, securities, or property (or registered with the CFTC as FCMs or would require certain insurance extend credit in lieu thereof) to margin, IB–Cs for the sole purpose of effecting companies to report suspicious guarantee, or secure any trades or transactions in security futures products transactions. The final rule contained in 18 contracts. The CEA requires FCMs and (‘‘SFPs’’). For these persons, FinCEN this document will extend this and IB–Cs to register pursuant to the other BSA requirements to FCMs and 15 See 31 U.S.C. 5311 (stating purpose of the procedures of Section 4f(a)(1) of the reporting authority under the BSA). 9 CEA. As of May 31, 2003, there were 16 10 See 67 FR 21111. Compliance with this rule is 68 FR 23653 (May 5, 2003). 185 FCMs and 1,591 IB–Cs (domestic deemed satisfied if FCMs and IB–Cs comply with 17 There are two types of IB–Cs, guaranteed and and foreign) that had registered with the the AML rule (Compliance Rule 2–9(c)) that was non-guaranteed. A guaranteed IB–C is one that CFTC pursuant to this provision. approved by the CFTC and issued by the National elects to operate pursuant to a written guarantee This final rule is just one of several Futures Association (‘‘NFA’’), the only registered agreement with an FCM instead of independently futures association. Id. meeting its own capital requirements. See, e.g., 17 steps taken by the Secretary of the CFR 1.17(a)(2)(ii). An independent IB–C, by 11 See 31 CFR 103.18 (requiring banks, thrifts, and contrast, is one that elects to meet its own capital other banking organizations to report suspicious requirements. Both types of IB–Cs engage in the 5 This designation does not preclude the authority transactions). offer and sale of futures contracts and commodity of supervisory agencies to require financial 12 See 12 CFR 21.11 (issued by the Office of the institutions to submit other reports to the same options on behalf of customers and facilitate Comptroller of the Currency); 12 CFR 208.62 transfers or transmittals of funds for their agency or another agency ‘‘pursuant to any other (issued by the Board of Governors of the Federal customers. Thus, they present the same or similar applicable provision of law.’’ 31 U.S.C. Reserve System); 12 CFR 353.3 (issued by the money laundering risks, and Treasury sees no 5318(g)(4)(C). Federal Deposit Insurance Corporation); 12 CFR reason to draw a distinction between IB–Cs that are 6 31 U.S.C. 5318(g)(4)(B). 563.180 (issued by the Office of Thrift Supervision); guaranteed and those that are not. Therefore, all IB– 7 7 U.S.C. 1a(20). and 12 CFR 748.1 (issued by the National Credit Cs will be covered by the final rule. 8 7 U.S.C. 1a(23) (defining the term ‘‘introducing Union Administration). 18 A ‘‘security future’’ is defined in the CEA and broker’’). 13 See 65 FR 13683 (March 14, 2000). the Securities Exchange Act of 1934 (‘‘Exchange 9 7 U.S.C. 6f(a)(1). 14 See 67 FR 44048 (July 1, 2002). Continued

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believes that the BSA rules of their may occur at a financial institution. The first class of transactions primary federal supervisory agency Amended paragraph (ii) specifically requiring reporting, described in should apply, and that authority to adds futures transactions, i.e., paragraph (a)(2)(i), includes transactions examine for compliance with those transactions involving any contract of involving funds derived from illegal rules should remain with the agency sale of a commodity for future delivery, activity or intended or conducted in with which the entities are primarily any option on any contract of sale for order to hide or disguise funds or assets registered. Thus, a BD that is notice future delivery, and any option on a derived from illegal activity. The second registered with the CFTC must comply commodity, to the list of transactions class of transactions, described in with the BSA rules applicable to BDs, subject to BSA requirements. The paragraph (a)(2)(ii), involves and will be examined for BSA definition is not restricted to transactions designed, whether through compliance by the Securities and transactions conducted on a designated structuring or other means, to evade the Exchange Commission (‘‘SEC’’). A contract market or a DTEF.20 requirements of the BSA. The third class parallel change also is being made to the Paragraphs (xx), (yy), and (bbb) set of transactions, described in paragraph definition of ‘‘broker or dealer in forth definitions of ‘‘commodity,’’ (a)(2)(iii), involves transactions that securities’’ in the BSA regulations. ‘‘contract of sale,’’ and ‘‘option on a appear to serve no business or apparent Thus, an FCM or IB–C that is notice commodity.’’ These are definitions lawful purpose, and for which the FCM registered with the SEC must comply based on Sections 1a(4), 1a(7), and or IB–C knows of no reasonable with the BSA rules applicable to FCMs 1a(26), respectively, in the CEA.21 There explanation after examining the and IB–Cs, and will be examined for were no comments concerning these available facts relating to the transaction BSA compliance by the CFTC and the definitions, and FinCEN is adopting and the parties. The fourth class of relevant designated self-regulatory them as proposed. transactions, described in paragraph organizations (‘‘DSROs’’). B. 103.17—Reports by FCMs and IB–Cs (a)(2)(iv), involves the use of the FCM or With respect to those entities that are of Suspicious Transactions IB–C to facilitate a criminal transaction. dual registrants with both the CFTC and A determination as to whether a the SEC for purposes of futures and 1. Reporting standard. Section 103.17 report is required must be based on all securities transactions other than SFPs, requires FCMs and IB–Cs to report the facts and circumstances relating to FinCEN intends for this rule to have the suspicious transactions that are the transaction and customer in same effect as 31 CFR 103.19, which is conducted or attempted by, at, or question. Different fact patterns may the rule that requires suspicious through an FCM or IB–C and involve or lead to different determinations. In transaction reporting for BDs. That is, aggregate at least $5,000 in funds or some cases, the facts of the transaction dual registrants in compliance with the other assets. It is important to recognize may indicate the need to report. For suspicious transaction reporting that transactions are reportable whether 22 example, frequent and large-scale usage requirements under 31 CFR 103.19 also or not they involve currency. of wire transfers, including wire shall be deemed to be in compliance Paragraph (a)(1) also permits, but does transfers to or from locations outside of with this rule, and dual registrants who not require, the reporting of transactions the United States, from an account with are in compliance with this rule shall be that appear relevant to possible only nominal futures activity may be deemed to be in compliance with 31 violations of law or regulation even in indicative of suspicious activity. In cases in which the rule does not CFR 103.19. This will prevent dual other instances, the transaction or explicitly so require, for example in the registrants from being subjected to activity itself may be sufficiently case of a transaction falling below the different or conflicting suspicious suspicious to warrant reporting. Thus, if $5,000 threshold. transaction reporting requirements for Paragraph (a)(2) requires reporting if a customer engages in wash transactions the various aspects of their businesses. the FCM or IB–C knows, suspects, or or other fictitious or non-bona fide 2. Definitions of Transaction, has reason to suspect that the transactions that violate the CEA, a Commodity, Contract of Sale, and transaction (or pattern of transactions of suspicious activity report must be Option. The definition of ‘‘transaction’’ 23 which the transaction is a part) is one filed. Similarly, the fact that a in the regulations under the BSA, which of four classes of transactions (described customer unreasonably refuses to is set forth in paragraph (ii), conforms more fully below) requiring reporting. provide information necessary for the generally to the definition Congress The ‘‘knows, suspects, or has reason to FCM or IB–C to make required reports, added to title 18 when it criminalized retain records as required, identify or 19 suspect’’ standard incorporates a money laundering in 1986. The term concept of due diligence in the verify the identity of a customer, or is broad and is intended to reach all of reporting requirement. otherwise comply with the BSA; the various types of transactions that provides information that the FCM or 20 Thus, for example, the term ‘‘transaction’’ IB–C determines to be false; or seeks to Act’’) as a contract of sale for future delivery of a includes any transaction by an FCM or IB–C in a change or cancel a transaction after such single security or narrow-based security index (7 foreign currency futures contract, any option on any person is informed of currency U.S.C. 1a(31) and 15 U.S.C. 78c(a)(55)), and an SFP foreign currency futures contract, or any option on is defined as a security future or any put, call, a foreign currency that occurs on an off-exchange transaction reporting or information straddle, option, or privilege on any security future basis. See Section 2(c)(1) and (2) of the CEA, 7 (7 U.S.C. 1a(32) and 15 U.S.C. 78c(a)(56)). The U.S.C. 2(c)(1)–(2). 23 As discussed below, however, paragraph Commodity Futures Modernization Act of 2000 21 7 U.S.C. 1a(4), 1a(7), and 1a(26), respectively. (c)(1)(ii) provides an exception from the suspicious (‘‘CFMA’’), Pub. L. 103–556, 114 Stat. 2763 22 Many currency transactions are not indicative transaction reporting requirements for violations of (December 21, 2000), amended the Exchange Act of money laundering or other violations of law, a the CEA by the FCM, IB–C, or any of its officers, definitions of ‘‘security’’ and ‘‘equity security’’ to fact recognized both by Congress, in authorizing directors, employees, or associated persons that are include security futures (15 U.S.C. 78c(a)(1) and 15 reform of the currency transaction reporting system, reported to the CFTC, a registered futures U.S.C. 78c(a)(11), respectively). As a result of these and by FinCEN in issuing rules to implement that association, or any ‘‘registered entity,’’ as that term amendments, an SFP is both a security and a system (see 31 U.S.C. 5313(d) and 31 CFR is defined in Section 1a(29) of the CEA, 7 U.S.C. futures contract (or option thereon) and is thus 103.22(d), 63 FR 50147 (September 21, 1998)). But 1a(29). As discussed in more detail below, dual subject to the jurisdiction of both the CFTC and the many non-currency transactions (for example, registrants can report these violations either to these SEC. funds transfers) can indicate illicit activity, entities, or to the SEC or a securities self-regulatory 19 See Pub. L. 99–570, Title XIII, 1352(a), 100 Stat. especially in light of the breadth of the statutes that organization (‘‘SRO’’), as defined in section 3(a)(26) 3207–18 (October 27, 1986), codified at 18 U.S.C. make money laundering a crime. See 18 U.S.C. 1956 of the Securities Exchange Act of 1934, 15 U.S.C. 1956. and 1957. 78c(a)(26), whichever is appropriate.

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verification or recordkeeping reporting threshold and FinCEN is executing FCM) may consult with each requirements relevant to the transaction, adopting it as proposed. FinCEN other and share information, including would all indicate that a suspicious reminds FCMs and IB–Cs, however, that the SAR–SF itself, to enable them to file activity report should be filed. The FCM the suspicious transaction reporting a single report.27 or IB–C may not notify the customer rules are not intended to operate (and 4. Filing Procedures. Paragraph (b) that it intends to file or has filed a indeed cannot properly operate) in a sets forth the filing procedures to be suspicious transaction report with mechanical fashion. Rather, the followed by an FCM or IB–C making respect to the customer’s activity. suspicious transaction reporting reports of suspicious transactions. In other situations, a more involved requirements are intended to function in Within 30 days after an FCM or IB–C analysis and judgment may be needed to such a way as to have financial becomes aware of a suspicious determine whether a transaction is institutions evaluate customer activity transaction, it must report the suspicious within the meaning of the and relationships for money laundering transaction by completing a SAR–SF rule. Transactions that raise the need for risks.25 and filing it in a central location such judgments may include, for 3. Transactions Involving Both an determined by FinCEN. The rule also example: (i) Transmission or receipt of FCM and an IB–C. Proposed paragraph makes special provision for situations funds transfers without normal (a)(3) provided that the obligation to that require immediate attention, such identifying information or in a manner identify and report properly a as ongoing terrorist financing or money that indicates an attempt to disguise or suspicious transaction rests with each laundering schemes. In that event, the hide the country of origin or destination FCM and IB–C involved in the FCM or IB–C must notify immediately, or the identity of the customer sending transaction. It also provided, though, by telephone, an appropriate law the funds or of the beneficiary to whom that when a transaction involves both an enforcement authority in addition to the funds are sent; (ii) a repeated pattern FCM and an IB–C, only one report needs filing a SAR–SF. The rule also permits, of unusual activity by the customer, to be filed with FinCEN as long as that but does not require, FCMs and IB–Cs such as where the customer repeatedly report contains all the relevant facts to notify the CFTC in addition to makes unexplainable, frequent deposits concerning the transaction. This contacting law enforcement and filing a or withdrawals ; or (iii) repeated use of provision was intended to avoid SAR–SF.28 There were no comments an account as a temporary resting place duplicative and redundant reporting. that addressed these procedures. for funds from multiple sources without Both commenters observed that FCMs 5. Exceptions. Paragraph (c) sets forth a clear business purpose. The judgments and IB–Cs frequently handle complex two exceptions to the reporting involved also will extend to whether the transactions that involve one or more requirement. A report does not have to facts and circumstances and the FCMs, and not just an FCM and an IB– be filed to report a robbery or burglary institution’s knowledge of its customer C. They noted that the language in the that is reported to law enforcement. A provide a reasonable explanation for the proposed rule only addressed the report also does not have to be filed transaction or activity that removes it situation in which both an FCM and an concerning possible violations of the from the suspicious category. IB–C are involved in a transaction and CEA, the rules promulgated by the An FCM may carry, and an IB–C may did not clearly apply to a situation CFTC, or the rules of any registered introduce, intermediated accounts where two FCMs are involved in the futures association or registered entity including omnibus accounts and same transaction on behalf of the same by an employee or other associated accounts for collective investment customer. Accordingly, FinCEN has person of an FCM or IB–C, provided that vehicles such as commodity pools. In clarified the language to extend to the such violations are reported to the such circumstances, the FCM and IB–C latter situation as well, as long as the CFTC, a registered futures association, may have little or no contact with or suspicious activity report (‘‘SAR’’) that or a registered entity. This exception information about the ultimate is filed (FCMs and IB–Cs will use the does not encompass reports of BSA beneficial owners of such accounts. Form SAR–SF) 26 contains all of the violations made to the CFTC or a FinCEN has proposed AMLP rules for necessary information. Thus, for registered futures association.29 CTAs and commodity pools, and example, in a ‘‘give-up’’ arrangement One commenter suggested that the monitoring for suspicious transactions involving a clearing and an executing rule make clear that an entity dually is an integral part of such programs. FCM, one FCM’s SAR–SF could satisfy registered with the CFTC and the SEC Any AMLP obligations of intermediaries the obligation of both FCMs to report is permitted to rely on the reporting such as CTAs, however, would not suspicious transactions. As a corollary, exception if it appropriately reports reduce the obligation on an FCM or IB– FinCEN also wishes to clarify that, as in violations to the CFTC, a registered C imposed by this rule to monitor the case of an FCM and IB–C involved futures association or a registered entity, transactions based on the facts and in a transaction, two FCMs involved in or to the SEC or applicable securities circumstances with which it is a transaction (such as a clearing and an presented, in order to determine if a 27 Information sharing procedures among BSA- transaction is suspicious. In addition, 25 Thus, for example, sizable futures transactions defined financial institutions generally are set forth omnibus accounts maintained for conducted for a well established commodity pool in 31 CFR 103.110. FinCEN will be issuing operated in accordance with Part 4 of the CFTC’s guidance on how financial institutions can file joint certain foreign financial institutions regulations may require less scrutiny than a futures SARs in the appropriate circumstances. ultimately may fall within the definition transaction conducted for an individual customer 28 In addition, the rule reminds FCMs and IB–Cs of ‘‘correspondent account’’ under through a financial institution located in a of FinCEN’s Financial Institutions Hotline (1–866– section 312 of the USA Patriot Act.24 jurisdiction that has been identified as a non- 556–3974) for use by financial institutions wishing 2. Reporting Threshold. There were cooperative country or territory by the Financial voluntarily to report to law enforcement suspicious Action Task Force. transactions that may relate to terrorist activity. no comments concerning the $5,000 26 A draft of the SAR–SF was published for FCMs and IB–Cs reporting suspicious activity by comment in the Federal Register on August 5, 2002; calling the Financial Institutions Hotline must still 24 FCMs and IB–Cs have been temporarily 67 FR 50751 (August 5, 2002); the form became file a timely SAR–SF to the extent required by the exempted from the correspondent account due final on December 26, 2002 and is available on proposed rule. diligence requirements of Section 312, although FinCEN’s Web site at www.fincen.gov. FinCEN 29 Specifically, this exception does not apply to they are subject to its private banking due diligence intends to conform the instructions to the SAR–SF a BSA violation that is reported to the CFTC requirements. See 67 FR 48348 (July 23, 2002) to specifically address FCM responsibilities under pursuant to CFTC Rule 42.2, 17 CFR 42.2, which (interim final rule). this rule. was adopted after the issuance of the proposed rule.

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SRO, whichever is most appropriate reporting procedures are ‘‘formal or the safe harbor also applies in under the circumstances. In the informal.’’33 reparations proceedings. FinCEN proposing release, FinCEN made clear 6. Retention of Records. Paragraph (d) intends to work with the CFTC, the its intent that the rule will have the requires FCMs and IB–Cs to maintain a DSROs, and industry representatives to same effect as 31 CFR 103.19, which is copy of any SAR–SF that is filed with ensure that appropriate educational the rule that requires suspicious FinCEN and all original related materials are delivered to compliance transaction reporting for BDs. FinCEN supporting documentation for a period and litigation personnel. stated that dual registrants who are in of five years from the date of filing. It must be noted that, while the rule compliance with the suspicious Nothing in the rule modifies, limits, or reiterates and clarifies the broad transaction reporting requirements for supersedes section 101 of the Electronic statutory protection from liability for BDs under 31 CFR 103.19 will also be Records in Global and National making reports of suspicious 34 deemed to be in compliance with this Commerce Act, and thus an FCM or transactions and for failing to disclose rule, and further, that dual registrants IB–C may make and maintain records the fact of such reporting, the regulatory provisions do not extend the scope of that are in compliance with this rule either as originals or in electronic format as permitted under existing either the statutory prohibition or the will also be deemed to be in compliance CFTC rules.35 Accordingly, the FCM or statutory protection. The prohibition on with 31 CFR 103.19.30 IB–C must make the supporting disclosure (other than as required under FinCEN is guided by the legislative documentation available to FinCEN, the the rule) applies regardless of any history of Title II of the USA Patriot CFTC, or any other appropriate law protection from liability. This means, Act,31 which specifically urged enforcement or regulatory agency, and, for instance, that during an arbitration Treasury to take steps to provide for a consistent with paragraph (g), to any or reparations proceeding, an FCM or reporting process for entities registered registered futures association, registered IB–C would not be permitted to provide as both a BD and an FCM that requires entity, or SRO. There were no comments a copy of a SAR–SF, or disclose the fact only a single report, and to act to addressing this record retention that one had been filed, to any prevent inconsistent regulations for dual provision, and FinCEN is adopting it as participant in the proceeding, including registrants. Accordingly, FinCEN agrees proposed. as applicable, the arbitrator, judgment with this comment and clarifies that an 7. Non-Disclosure. Paragraph (e) officer, or administrative law judge. FCM dually registered as a BD can rely reflects the statutory bar against the Both commenters requested that the on the exception from SAR filing by disclosure of information filed in, or the safe harbor protection from civil reporting the violation to either an fact of filing, a suspicious activity report liability under this rule, and under appropriate securities or futures (whether the report is required by the FinCEN’s rule implementing Section 38 regulator or SRO. Similarly, a BD that is rule or is filed voluntarily).36 Thus, the 314(b) of the USA Patriot Act, be dually registered as an FCM can rely on paragraph specifically prohibits persons extended to protect disclosures to the exception by reporting the violation filing a SAR–SF from making any foreign financial institutions to the to the CFTC or a registered futures disclosure either about the report or the extent that an FCM or IB–C needs to supporting documentation unless the obtain information from that foreign association or registered entity in the 39 same way that an FCM is permitted to disclosure is made to FinCEN, the entity. However, foreign entities are not ‘‘financial institutions’’ and thus are do so. CFTC, another appropriate law enforcement or regulatory agency, or, not eligible for these protections that the Both commenters also noted that the consistent with paragraph (g), a BSA extends to financial institutions. proposed rule did not specifically registered futures association, registered Moreover, FinCEN and the relevant address what documentation is entity, or SRO. There were no comments examining authority in the United sufficient to demonstrate reliance upon concerning this provision, and FinCEN States have the ability to require U.S.- an exception. In contrast, the SAR rule is adopting it as proposed. regulated financial institutions to for BDs provides that a Form RE–3, U– 8. Safe Harbor from Civil Liability. protect adequately sensitive information 4, or U–5 is sufficient documentation to Paragraph (f) incorporates the BSA’s involved in reporting a suspicious demonstrate reliance. One commenter statutory protection from civil liability transaction. That said, it may be suggested that FinCEN specifically state for making or filing a report of a appropriate in certain circumstances for that a Form 8–T, U–5, RE–3, or any suspicious transaction or for failing to an FCM or IB–C to question carefully other form properly filed with a futures disclose the fact that a report has been the foreign financial institution about or securities regulator is sufficient made or filed. The specific reference to the customer or the transaction to documentation. FinCEN agrees with this arbitration reflects the clarification understand more fully whether the FCM comment, and the final rule reflects this provided in the USA Patriot Act that the should report the transaction as change.32 safe harbor for suspicious transaction 38 Finally, in response to one comment, reporting would apply in arbitration 31 CFR 103.110(b)(5). proceedings. Because some disputes in 39 These provisions are different and serve FinCEN clarifies that FCMs and IB–Cs different purposes. The safe harbor in the SAR rule have the same ability as BDs to rely on the futures industry are resolved under provides total immunity for filing the SAR. Those the reporting exception whether their a reparations procedure provided for by financial institutions permitted to file a joint SAR the CEA,37 paragraph (f) clarifies that must be able to share information, including the SAR itself, in order to prepare and file the SAR. 30 68 FR at 23656. Under Section 314(b) of the USA Patriot Act, 33 67 FR at 44,051 (noting that BDs may rely on 31 HR Rep. 107–250 at 65. however, information sharing relates to the the reporting exception whether their reporting 32 The final rule also clarifies that any report filed underlying transactional and customer information; follows existing formal or informal industry with a securities or futures regulator in reliance nothing in the rule implementing Section 314(b) procedures). upon an exception to suspicious activity reporting authorizes the sharing of actual SARs. 31 CFR 34 and other related documentation shall be made Pub. L. 106–229, 114 Stat. 464 (15 U.S.C. 7001) 103.10. If other financial institutions, e.g., CTAs, available, upon request, to the CFTC, SEC, and any (E-Sign Act). become subject to final rules requiring them to have registered futures association, registered entity, or 35 See, e.g., 17 CFR 1.4 and 1.31. an AMLP, FCMs and IB–Cs can qualify for the safe securities self-regulatory organization that is 36 See 31 U.S.C. 5318(g)(2). harbor under Section 314(b) when they share examining an FCM, IB–C, or BD for compliance 37 See Section 14 of the CEA, 7 U.S.C. 18 and 7 underlying transactional and customer information with SAR requirements. CFR Part 12. with those financial institutions.

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suspicious. The FCM could not applicable to FCMs and IB–Cs by VI. Unfunded Mandates Act of 1995 however, disclose the fact that it is including them in the regulatory Statement contemplating the filing of a SAR. definition of ‘‘financial institution,’’ and Section 202 of the Unfunded FinCEN recognizes that, particularly shift the responsibility for examining Mandates Reform Act of 1995, Public with respect to international FCMs and IB–Cs under the BSA from Law 104–4 (‘‘Unfunded Mandates Act’’), transactions, the balance between the Internal Revenue Service to the March 22, 1995, requires that an agency obtaining sufficient information and CFTC. Thus, 31 CFR 103.56, which sets prepare a budgetary impact statement protecting the confidentiality of forth delegations of BSA authority, is before promulgating a rule that includes suspicious activity reporting is a amended to provide the CFTC with a federal mandate that may result in difficult one for FCMs and IB–Cs to examination authority with respect to expenditure by state, local, and tribal achieve, but it is one that is faced by all FCMs and IB–Cs for compliance with governments, in the aggregate, or by the financial institutions subject to a SAR the BSA regulations. private sector, of $100 million or more requirement, and one which they are in any one year. If a budgetary impact generally successful in achieving. IV. Regulatory Flexbility Act 9. Examination. Paragraph (g) notes statement is required, section 202 of the that compliance with the obligation to FinCEN certifies that this final Unfunded Mandates Act also requires report suspicious transactions will be regulation will not have a significant an agency to identify and consider a examined for by Treasury through economic impact on a substantial reasonable number of regulatory FinCEN or its delegee, and provides that number of small entities. As noted alternatives before promulgating a rule. failure to comply with the rule may above, the inclusion of FCMs and IB–Cs FinCEN has determined that it is not constitute a violation of the BSA and the within the ‘‘financial institution’’ required to prepare a written statement BSA regulations. This paragraph also definition in the BSA regulations will under section 202 and has concluded clarifies that an FCM or IB–C must make these entities subject to all of the that on balance these rules provide the provide access to any SAR–SF that it same requirements that apply to most cost-effective and least has filed, along with any supporting similarly situated financial institutions, burdensome alternative to achieve the documentation, to the CFTC and any such as banks and broker-dealers in objectives of the rules. registered futures association, any securities. Nevertheless, FinCEN does VII. Paperwork Reduction Act registered entity that has authority to not believe that these requirements examine the institution, or to the SEC or modify the existing obligations of FCMs The collection of information an SRO in the case of dual registrants. and IB–Cs, since the transactional contained in this final regulation has 10. Effective Date. Paragraph (h) information required to be made and been approved by the Office of provides that the new suspicious retained under the rules will be Management and Budget (‘‘OMB’’) in transaction reporting requirements will information that already is required to accordance with the requirements of the be effective 180 days after the date on be made and retained in the ordinary Paperwork Reduction Act (44 U.S.C. which the final regulations to which course of an FCM’s or IB–C’s business. 3507) under control number 1506–0019. The estimated average burden this notice of rulemaking relates are Concerning the filing of SARs by published in the Federal Register. associated with the collection of FCMs and IB–Cs, FinCEN does not information in this final rule is 4 hours C. 103.33—Records To Be Made and believe that the economic impact of the per respondent. Retained by Financial Institutions rule will be significant. Due to Comments concerning the accuracy of mandatory provisions of the USA The addition of FCMs and IB–Cs to this burden estimate and suggestions for Patriot Act 40 and obligations imposed the ‘‘financial institution’’ definition reducing this burden should be directed by the NFA,41 FCMs and IB–Cs already make such persons subject to the to Desk Officer for the Department of the are obligated to establish AMLPs that recordkeeping and reporting Treasury, Office of Information and include policies, procedures, and requirements set forth in section 103.33. Regulatory Affairs, Office of internal controls that are reasonably This paragraph requires specific records Management and Budget, Paperwork designed to assure compliance with the concerning transfers and transmittals of Reduction Project (1506), Washington, BSA and the implementing regulations. funds in the amount of $3,000 or more. DC 20503 (or by the Internet to A set of systems and procedures The amendments to paragraphs (e)(6)(i) [email protected]). designed to detect and require reporting and (f)(6)(i) of Section 103.33 set forth An agency may not conduct or of suspicious activity complements exceptions for any transfers or sponsor, and a person is not required to these existing program requirements. As transmittals of funds involving either an respond to, a collection of information the NFA’s interpretive notice to FCM or an IB–C. The inclusion of FCMs unless it displays a valid control Compliance Rule 2–9(c) makes clear, an and IB–Cs within the exceptions is number assigned by OMB. FinCEN FCM or IB–C may tailor its program intended to provide parallel treatment received no comments on its based on the type of its business, the for records required to be made and kept recordkeeping burden estimate. size and complexity of its operations, by banks, BDs, FCMs, and IB–Cs. There the breadth and scope of its customer List of Subjects in 31 CFR Part 103 were no comments concerning this base, the number of its employees, and provision, and FinCEN is adopting it as Authority delegations (Government its resources. proposed. agencies), Banks and banking, Brokers, V. Executive Order 12866 Commodity futures, Currency, D. 103.56—Examination Investigations, Law enforcement, Under the current BSA delegation The Department of the Treasury has Penalties, Reporting and recordkeeping framework, the Internal Revenue determined that this final regulation is requirements, Securities. Service is responsible for examining all not a ‘‘significant regulatory action’’ for Amendments to the Regulations financial institutions (except for BDs) purposes of Executive Order 12866. that are not examined by the federal ■ For the reasons set forth above in the bank supervisory agencies. This rule 40 31 U.S.C. 5318(h). preamble, 31 CFR Part 103 is amended will expand the scope of the BSA rules 41 NFA Compliance Rule 2–9(c). as follows:

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PART 103—FINANCIAL Trading Commission (‘‘CFTC’’) under Secrecy Act (‘‘BSA’’), Public Law 91– RECORDKEEPING AND REPORTING the CEA, except persons who register 508, as amended, codified at 12 U.S.C. OF CURRENCY AND FOREIGN pursuant to section 4f(a)(2) of the CEA, 1829b, 12 U.S.C. 1951–1959, and 31 TRANSACTIONS 7 U.S.C. 6f(a)(2). U.S.C. 5311–5314, 5316–5332; (aaa) Introducing broker-commodities. (iii) Has no business or apparent ■ 1. The authority citation for part 103 Any person registered or required to be lawful purpose or is not the sort in continues to read as follows: registered as an introducing broker with which the particular customer would Authority: 12 U.S.C. 1829b and 1951–1959; the CFTC under the CEA, except normally be expected to engage, and the 31 U.S.C. 5311–5314, 5316–5332; title III, persons who register pursuant to section FCM or IB–C knows of no reasonable sec. 312, 313, 314, 319, 326, 352, Pub. L. 4f(a)(2) of the CEA, 7 U.S.C. 6f(a)(2). explanation for the transaction after 107–56, 115 Stat. 307; 12 U.S.C. 1818; 12 (bbb) Option on a commodity. Any U.S.C. 1786(q). examining the available facts, including agreement, contract, or transaction the background and possible purpose of ■ 2. Section 103.11 is amended by described in section 1a(26) of the CEA, the transaction; or 7 U.S.C. 1a(26). revising paragraph (f), adding paragraphs (iv) Involves use of the FCM or IB–C ■ 3. Section 103.17 is added to read as (n)(8) and (n)(9), revising paragraph to facilitate criminal activity. (ii)(1), and adding paragraphs (xx), (yy), follows: (3) The obligation to identify and (zz), (aaa), and (bbb) to read as follows: § 103.17 Reports by futures commission properly and timely to report a § 103.11 Meaning of terms. merchants and introducing brokers in suspicious transaction rests with each commodities of suspicious transactions. * * * * * FCM and IB–C involved in the (f) Broker or dealer in securities. A (a) General—(1) Every futures transaction, provided that no more than broker or dealer in securities, registered commission merchant (‘‘FCM’’) and one report is required to be filed by any or required to be registered with the introducing broker in commodities of the FCMs or IB–Cs involved in a Securities and Exchange Commission (‘‘IB–C’’) within the United States shall particular transaction, so long as the under the Securities Exchange Act of file with FinCEN, to the extent and in report filed contains all relevant facts. 1934, except persons who register the manner required by this section, a (b) Filing procedures—(1) What to file. pursuant to section 15(b)(11) of the report of any suspicious transaction A suspicious transaction shall be Securities Exchange Act of 1934. relevant to a possible violation of law or reported by completing a Suspicious regulation. An FCM or IB–C may also Activity Report-Securities and Futures * * * * * file with FinCEN a report of any (n) * * * Industry (‘‘SAR–SF’’), and collecting suspicious transaction that it believes is and maintaining supporting (8) A futures commission merchant; relevant to the possible violation of any (9) An introducing broker in documentation as required by paragraph law or regulation but whose reporting is commodities. (d) of this section. not required by this section. Filing a * * * * * report of a suspicious transaction does (2) Where to file. The SAR–SF shall be (ii) Transaction. (1) Except as not relieve an FCM or IB–C from the filed with FinCEN in a central location, provided in paragraph (ii)(2) of this responsibility of complying with any to be determined by FinCEN, as section, transaction means a purchase, other reporting requirements imposed indicated in the instructions to the sale, loan, pledge, gift, transfer, delivery, by the Commodity Futures Trading SAR–SF. or other disposition, and with respect to Commission (‘‘CFTC’’) or any registered (3) When to file. A SAR–SF shall be a financial institution includes a futures association or registered entity filed no later than 30 calendar days after deposit, withdrawal, transfer between as those terms are defined in the the date of the initial detection by the accounts, exchange of currency, loan, Commodity Exchange Act (‘‘CEA’’), 7 reporting FCM or IB–C of facts that may extension of credit, purchase or sale of U.S.C. 21 and 7 U.S.C. 1a(29). constitute a basis for filing a SAR–SF any stock, bond, certificate of deposit, or (2) A transaction requires reporting under this section. If no suspect is other monetary instrument, security, under the terms of this section if it is identified on the date of such initial contract of sale of a commodity for conducted or attempted by, at, or detection, an FCM or IB–C may delay future delivery, option on any contract through an FCM or IB–C, it involves or filing a SAR–SF for an additional 30 of sale of a commodity for future aggregates funds or other assets of at calendar days to identify a suspect, but delivery, option on a commodity, least $5,000, and the FCM or IB–C in no case shall reporting be delayed purchase or redemption of any money knows, suspects, or has reason to more than 60 calendar days after the order, payment or order for any money suspect that the transaction (or a pattern date of such initial detection. In remittance or transfer, or any other of transactions of which the transaction situations involving violations that payment, transfer, or delivery by, is a part): require immediate attention, such as through, or to a financial institution, by (i) Involves funds derived from illegal terrorist financing or ongoing money whatever means effected. activity or is intended or conducted in laundering schemes, the FCM or IB–C * * * * * order to hide or disguise funds or assets shall immediately notify by telephone (xx) Commodity. Any good, article, derived from illegal activity (including, an appropriate law enforcement service, right, or interest described in without limitation, the ownership, authority in addition to filing timely a section 1a(4) of the Commodity nature, source, location, or control of SAR–SF. FCMs and IB–Cs wishing Exchange Act (‘‘CEA’’), 7 U.S.C. 1a(4). such funds or assets) as part of a plan voluntarily to report suspicious (yy) Contract of sale. Any sale, to violate or evade any federal law or transactions that may relate to terrorist agreement of sale, or agreement to sell regulation or to avoid any transaction activity may call FinCEN’s Financial as described in section 1a(7) of the CEA, reporting requirement under federal law Institutions Hotline at 1–866–556–3974 7 U.S.C. 1a(7). or regulation; in addition to filing timely a SAR–SF if (zz) Futures commission merchant. (ii) Is designed, whether through required by this section. The FCM or Any person registered or required to be structuring or other means, to evade any IB–C may also, but is not required to, registered as a futures commission requirements of this part or of any other contact the CFTC to report in such merchant with the Commodity Futures regulations promulgated under the Bank situations.

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(c) Exceptions—(1) An FCM or IB–C is requested by FinCEN, the CFTC, another (E) A futures commission merchant or not required to file a SAR–SF to appropriate law enforcement or an introducing broker in commodities; report— regulatory agency, or for purposes of (F) A wholly-owned domestic (i) A robbery or burglary committed or paragraph (g) of this section, a registered subsidiary of a futures commission attempted of the FCM or IB–C that is futures association, registered entity, or merchant or an introducing broker in reported to appropriate law enforcement SRO shall decline to produce the SAR– commodities; authorities; SF or to provide any information that * * * * * (ii) A violation otherwise required to would disclose that a SAR–SF has been (f) * * * be reported under the CEA (7 U.S.C. 1 prepared or filed, citing this paragraph (6) * * * et seq.), the regulations of the CFTC (17 and 31 U.S.C. 5318(g)(2), and shall (i) * * * CFR chapter I), or the rules of any notify FinCEN of any such request and (E) A futures commission merchant or registered futures association or its response thereto. an introducing broker in commodities; registered entity as those terms are (f) Limitation of liability. An FCM or (F) A wholly-owned domestic defined in the CEA, 7 U.S.C. 21 and 7 IB–C, and any director, officer, subsidiary of a futures commission U.S.C. 1a(29), by the FCM or IB–C or employee, or agent of such FCM or IB– merchant or an introducing broker in any of its officers, directors, employees, C, that makes a report of any possible commodities; or associated persons, other than a violation of law or regulation pursuant * * * * * violation of 17 CFR 42.2, as long as such to this section or any other authority (or ■ 5. Section 103.56 is amended by violation is appropriately reported to voluntarily) shall not be liable to any the CFTC or a registered futures revising paragraph (b)(8) and adding a person under any law or regulation of new paragraph (b)(9) to read as follows: association or registered entity. the United States (or otherwise to the (2) An FCM or IB–C may be required extent also provided in 31 U.S.C. § 103.56 Enforcement. to demonstrate that it has relied on an 5318(g)(3), including in any arbitration * * * * * exception in paragraph (c)(1) of this or reparations proceeding) for any (b) * * * section, and must maintain records of disclosure contained in, or for failure to (8) To the Commissioner of Internal its determinations to do so for the disclose the fact of, such report. Revenue with respect to all financial period specified in paragraph (d) of this (g) Examination and enforcement. institutions, except brokers or dealers in section. To the extent that a Form 8–R, securities, futures commission 8–T, U–5, or any other similar form Compliance with this section shall be examined by the Department of the merchants, introducing brokers in concerning the transaction is filed commodities, and commodity trading consistent with CFTC, registered futures Treasury, through FinCEN or its advisors, not currently examined by association, or registered entity rules, a delegates, under the terms of the BSA. Federal bank supervisory agencies for copy of that form will be a sufficient Reports filed under this section or soundness and safety; and record for the purposes of this § 103.19 (including any supporting documentation), and documentation (9) To the Commodity Futures paragraph (c)(2). Trading Commission with respect to (d) Retention of records. An FCM or demonstrating reliance on an exception futures commission merchants, IB–C shall maintain a copy of any SAR– under paragraph (c) of this section or introducing brokers in commodities, SF filed and the original or business § 103.19, shall be made available, upon record equivalent of any supporting request, to the CFTC, Securities and and commodity trading advisors. documentation for a period of five years Exchange Commission, and any * * * * * from the date of filing the SAR–SF. registered futures association, registered Dated: November 13, 2003. Supporting documentation shall be entity, or SRO, examining an FCM, IB– William F. Baity, C, or broker or dealer in securities for identified as such and maintained by Deputy Director, Financial Crimes the FCM or IB–C, and shall be deemed compliance with the requirements of Enforcement Network. this section or § 103.19. Failure to to have been filed with the SAR–SF. An [FR Doc. 03–28991 Filed 11–19–03; 8:45 am] FCM or IB–C shall make all supporting satisfy the requirements of this section BILLING CODE 4810–02–P documentation available to FinCEN, the may constitute a violation of the CFTC, or any other appropriate law reporting rules of the BSA or of this enforcement agency or regulatory part. DEPARTMENT OF DEFENSE agency, and, for purposes of paragraph (h) Effective date. This section applies (g) of this section, to any registered to transactions occurring after May 18, DEPARTMENT OF VETERANS futures association, registered entity, or 2004. AFFAIRS self-regulatory organization (‘‘SRO’’) (as ■ 4. Section 103.33 is amended by defined in section 3(a)(26) of the redesignating paragraphs (e)(6)(i)(E), (F), 38 CFR Part 21 Securities Exchange Act of 1934, 15 and (G) as paragraphs (e)(6)(i)(G), (H), U.S.C. 78c(a)(26)), upon request. and (I), respectively; adding new RIN 2900–AL52 (e) Confidentiality of reports. No paragraphs (e)(6)(i)(E) and (F); Veterans Education: Increased financial institution, and no director, redesignating paragraphs (f)(6)(i)(E), (F), officer, employee, or agent of any Allowances for the Educational and (G) as paragraphs (f)(6)(i)(G), (H), Assistance Test Program financial institution, who reports a and (I), respectively, and adding new suspicious transaction under this part, paragraphs (f)(6)(i)(E) and (F) to read as AGENCIES: Department of Defense and may notify any person involved in the follows: Department of Veterans Affairs. transaction that the transaction has been ACTION: Final rule. reported, except to the extent permitted § 103.33 Records to be made and retained by paragraph (a)(3) of this section. Thus, by financial institutions. SUMMARY: The law provides that rates of any person subpoenaed or otherwise * * * * * subsistence allowance and educational requested to disclose a SAR–SF or the (e) * * * assistance under the Educational information contained in a SAR–SF, (6) * * * Assistance Test Program shall be except where such disclosure is (i) * * * adjusted annually by the Secretary of

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Defense. The law further provides those comment and a delayed effective date Approved: May 9, 2003. rates must be adjusted based upon the under 5 U.S.C. 552 and 553. Anthony J. Principi, average actual cost of attendance at Secretary of Veterans Affairs. Paperwork Reduction Act public institutions of higher education Approved: September 5, 2003. in the 12-month period since the rates This document contains no provisions William J. Carr, were last adjusted. After obtaining data constituting a collection of information Acting Deputy Under Secretary (Military from the Department of Education, the under the Paperwork Reduction Act (44 Personnel Policy). Department of Defense has concluded U.S.C. 3501–3521). ■ that the rates for the 2002–03 academic For the reasons set out above, 38 CFR year should be increased by 4.3% over Unfunded Mandates part 21, subpart H, is amended as set the rates payable for the 2001–02 forth below: academic year. The regulations dealing The Unfunded Mandates Reform Act requires, at 2 U.S.C. 1532, that agencies PART 21—VOCATIONAL with these rates are amended REHABILITATION AND EDUCATION accordingly. prepare an assessment of anticipated costs and benefits before developing any DATES: Subpart H—Educational Assistance Effective Date: November 20, rule that may result in an expenditure 2003. Test Program by State, local, or tribal governments, in Applicability Date: The changes in the aggregate, or by the private sector, of ■ 1. The authority citation for part 21, rates are applied retroactively to $100 million or more in any given year. subpart H, continues to read as follows: October 1, 2002, to conform to statutory This rule would have no consequential Authority: 10 U.S.C. ch.107; 38 U.S.C. requirements. For more information effect on State, local, or tribal 501(a), 3695, 5101, 5113, 5303A; 42 U.S.C. concerning the applicability date, see governments. 2000; sec. 901, Pub. L. 96–342, 94 Stat. 1111– the SUPPLEMENTARY INFORMATION section. 1114, unless otherwise noted. Executive Order 12866 FOR FURTHER INFORMATION CONTACT: ■ 2. Section 21.5820 is amended by: Lynn M. Cossette, Education Adviser This document has been reviewed by ■ a. In paragraph (b)(1), removing (225C), Education Service, Veterans ‘‘2001–02’’ and adding, in its place, Benefits Administration, Department of the Office Of Management and Budget under Executive Order 12866. ‘‘2002–03’’, and by removing ‘‘$3,690’’ Veterans Affairs, 810 Vermont Avenue, and adding, it its place, ‘‘$3,849’’. NW, Washington, DC 20420, (202) 273– Regulatory Flexibility Act ■ b. In paragraph (b)(2)(ii), removing 7294. ‘‘2001–02’’ and adding, in its place, SUPPLEMENTARY INFORMATION: The law The Secretary of Defense and the ‘‘2002–03’’. (10 U.S.C. 2145) provides that the Secretary of Veterans Affairs hereby ■ c. In paragraphs (b)(2)(ii)(A) and Secretary of Defense shall adjust the certify that this final rule will not have (b)(3)(ii)(A), removing ‘‘$410.00’’ and amount of educational assistance which a significant economic impact on a adding, in each place, ‘‘$427.67’’, and by may be provided in any academic year substantial number of small entities as removing ‘‘$205.00’’ and adding, in each under the Educational Assistance Test they are defined in the Regulatory place, ‘‘$213.84’’. Program and the amount of subsistence Flexibility Act, 5 U.S.C. 501–612. This ■ d. In paragraphs (b)(2)(ii)(B) and allowance authorized under that final rule directly affects only (b)(3)(ii)(B), removing ‘‘$13.67’’ and program. The law further requires that individuals and does not directly affect adding, in each place, ‘‘$14.26’’, and by the adjustment is to be consistent with small entities. Pursuant to 5 U.S.C. removing ‘‘$6.83’’ and adding, in each the change in the average actual cost of 605(b), this final rule, therefore, is place, ‘‘$7.13’’. attendance at public institutions of exempt from the initial and final ■ e. Revising paragraphs (b)(2)(ii)(C) and higher education over the preceding 12- regulatory flexibility analyses (b)(3)(ii)(C). month period. As required by law, the requirements of sections 603 and 604. ■ f. In paragraph (b)(3)(ii) introductory Department of Defense has obtained text, removing ‘‘2001–02’’ and adding, in data from the Department of Education. Catalog of Federal Domestic Assistance its place, ‘‘2002–03’’. The Department of Defense has The revisions read as follows: There is no Catalog of Federal calculated that these costs increased by 4.3%. Accordingly, this final rule Domestic Assistance number for the § 21.5820 Educational assistance. changes 38 CFR 21.5820 and 21.5822 to program affected by this final rule. * * * * * reflect a 4.3% increase in the rates List of Subjects in 38 CFR Part 21 (b) * * * payable in the 2002–03 academic year, (2) * * * including changes needed to Administrative practice and (ii) * * * compensate for rounding. procedure, Armed forces, Civil rights, (C) Adding the two results. If the The changes set forth in this final rule Claims, Colleges and universities, enrollment period is as long as or longer are effective from the date of Conflict of interests, Defense than the standard academic year, this publication, but the changes in rates are Department, Education, Employment, amount will be decreased by 3 cents for applied from October 1, 2002, in Grant programs-education, Grant a full-time student and decreased by 6 accordance with the applicable statutory programs-veterans, Health programs, cents for a part-time student. provisions discussed above. Loan programs-education, Loan (3) * * * (ii) * * * Administrative Procedure Act programs-veterans, Manpower training programs, Reporting and recordkeeping (C) Adding the two results. If the Substantive changes made by this requirements, Schools, Travel and enrollment period is as long as or longer than a standard academic year, this final rule merely reflect statutory transportation expenses, Veterans, amount will be decreased by 3 cents for requirements and adjustments made Vocational education, Vocational a full-time student and decreased by 6 based on previously established rehabilitation. formulas. Accordingly, there is a basis cents for a part-time student; and for dispensing with notice-and- * * * * *

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§ 21.5822 [Amended] FOR FURTHER INFORMATION CONTACT: 2003, OEPA submitted the final ■ 3. Section 21.5822 is amended by: Genevieve Damico, Environmental revisions to its title V regulations and ■ a. In paragraphs (b)(1)(i) and (b)(2)(i), Engineer, Air Permits Section, Air asked EPA to give final approval to the removing ‘‘$919’’ and adding, in each Programs Branch, (AR–18J), U.S. revisions. The revisions submitted by place, ‘‘$959’’, and by removing ‘‘2001– Environmental Protection Agency, OEPA on September 16, 2003 are 02’’ and adding, in each place, ‘‘2002– Region 5, 77 West Jackson Boulevard, identical in substance to the proposed 03’’. Chicago, Illinois 60604, (312) 353–4761, regulations for which EPA proposed ■ b. In paragraphs (b)(1)(ii) and (b)(2)(ii), [email protected]. approval on September 30, 2003. removing ‘‘$459.50’’ and adding, in each SUPPLEMENTARY INFORMATION: This EPA received no comments on its place, ‘‘$479.50’’, and by removing supplemental information section is proposal to approve OEPA’s proposed ‘‘2001–02’’ and adding, in each place, organized as follows: revisions to its title V regulations. ‘‘2002–03’’. A. What Is the History of This Action? Accordingly, EPA is taking final action B. Did OEPA Hold a Public Hearing? to approve OEPA’s final revisions to its [FR Doc. 03–28966 Filed 11–19–03; 8:45 am] C. What Action Is EPA Taking Today? IEU provisions, Ohio’s regulations BILLING CODE 8320–01–P D. Statutory and Executive Order requiring reports of any required Reviews monitoring at least every six months A. What Is the History of This Action? and prompt reports of deviations, and ENVIRONMENTAL PROTECTION The Clean Air Act (CAA or Act) other provisions of Ohio’s title V AGENCY requires all state and local permitting regulations. OEPA’s final revisions are described in EPA’s proposed approval 40 CFR Part 70 authorities to develop operating permits programs that meet the requirements of notice. See 68 FR 56220. [OH 157–2 FRL–7588–9] title V of the Act, 42 U.S.C. 7661– B. Did OEPA Hold a Public Hearing? 7661(f), and its implementing Clean Air Act Approval of Revision to regulations, 40 CFR part 70 (part 70). On June 18, 2003, OEPA proposed Operating Permits Program in Ohio Ohio submitted its operating permits revisions to its regulations for IEUs, program in response to this directive. Ohio’s regulations requiring reports of AGENCY: Environmental Protection any required monitoring at least every Agency (EPA). EPA granted full approval to Ohio’s title V operating permits program on August six months and prompt reports of ACTION: Final rule. 15, 1995 (60 FR 42045). deviations, and other provisions of Ohio’s title V operating permits Ohio’s title V regulations. OEPA held a SUMMARY: EPA is taking final action to program is implemented by the Ohio public hearing on these revisions on approve, as a revision to Ohio’s title V July 28, 2003, in Columbus, Ohio. The air operating permits program, revisions Environmental Protection Agency (OEPA) and local air pollution control public comment period closed on July to Ohio’s regulations for insignificant 29, 2003. emissions units (IEUs), Ohio’s agencies. Pursuant to section 502(i) of the Act regulations requiring reports of any C. What Action Is EPA Taking Today? and 40 CFR 70.10(b)(1), EPA notified required monitoring at least every six Ohio of EPA’s finding that Ohio’s EPA is taking final action to approve, months and prompt reports of regulations for IEUs and Ohio’s as a revision to OEPA’s title V air deviations, and other provisions of regulations requiring reports of any operating permits program, revisions to Ohio’s title V regulations. In a Notice of required monitoring at least every six OEPA’s regulations for IEUs and Deficiency published in the Federal months and prompt reports of reporting, specifically, revisions to OAC Register on April 18, 2002, EPA notified deviations did not meet minimum 3745–77–02(E), 3745–77–07(A)(13), Ohio of EPA’s finding that Ohio’s Federal requirements in a Notice of 3745–77–07(A)(3)(c)(ii) and (iii), 3745– provisions for insignificant emissions Deficiency (NOD) published in the 77–07(I), and 3745–77–08(C). EPA has units and Ohio’s regulations requiring Federal Register on April 18, 2002 (67 determined that these changes meet the reports of any required monitoring at FR 19175). This was necessary to make requirements of title V and part 70 least every six months and prompt these aspects of the Ohio program relating to IEUs and reporting, and reports of deviations did not meet consistent with the other permitting adequately address the deficiency minimum Federal requirements. Final programs throughout the country. identified in the Notice of Deficiency approval of this program revision On June 18, 2003, OEPA proposed published in the Federal Register on resolves the deficiency identified in the revisions to its regulations for IEUs, April 18, 2002 (67 FR 19175). EPA is Notice of Deficiency and removes the Ohio’s regulations requiring reports of also approving Ohio’s new provisions at potential for any resulting any required monitoring at least every 3745–77–01(U), 3745–77–01(W)(2)(aa), consequences, including sanctions, with six months and prompt reports of 3745–77–01(MM) and 3745–77–01(NN). respect to the April 18, 2002 NOD. deviations, and other provisions of Ohio’s program revision satisfactorily DATES: Effective December 22, 2003. Ohio’s title V regulations. OEPA addresses the program deficiency ADDRESSES: Copies of Ohio’s submittal intended the proposed revisions to it’s identified in EPA’s NOD, published on and other supporting information used regulations to resolve deficiencies in April 18, 2002 (67 FR 19175). Because in developing this action are available Ohio’s title V program identified by EPA Ohio timely corrected those for inspection during normal business in the NOD. To expedite the process, deficiencies, see 40 CFR 70.10(b), there hours at the U.S. Environmental Ohio submitted to EPA proposed are no potential consequences of the Protection Agency, Region 5, 77 West revisions while it processed them at the NOD, such as sanctions or promulgation Jackson Boulevard, Chicago, Illinois State level. On September 30, 2003, EPA of a federal operating permits program. 60604. Interested persons wanting to proposed to approve OEPA’s proposed Because these rules apply throughout examine these documents should make revisions to its title V regulations. See the State of Ohio, this approval applies an appointment at least 24 hours before 68 FR 56220. The State public comment to all State and local agencies that the visiting day. A reasonable fee may period on the OEPA regulations ended implement Ohio’s operating permits be charged for copies. on July 29, 2003. On September 16, program.

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D. Statutory and Executive Order on the distribution of power and Unanticipated Takings’’ issued under Reviews responsibilities among the various the executive order, and has determined levels of government, as specified in that the rule’s requirements do not Executive Order 12866; Regulatory Executive Order 13132, ‘‘Federalism’’ constitute a taking. Planning and Review (64 FR 43255, August 10, 1999). This Paperwork Reduction Act Under Executive Order 12866, action merely approves a state rule ‘‘Regulatory Planning and Review’’ (58 implementing a Federal standard, and This action does not impose an FR 51735, October 4, 1993), this action does not alter the relationship or the information collection burden under the is not a ‘‘significant regulatory action’’ distribution of power and provisions of the Paperwork Reduction and therefore is not subject to review by responsibilities established in the Act. Act of 1995 (44 U.S.C. 3501 et seq.). the Office of Management and Budget. Executive Order 13045 Protection of Congressional Review Act Executive Order 13211; Actions Children From Environmental Health The Congressional Review Act, 5 Concerning Regulations That and Safety Risks U.S.C. 801 et seq., as added by the Small Significantly Affect Energy Supply, This final approval also is not subject Distribution, or Use Business Regulatory Enforcement to Executive Order 13045, ‘‘Protection of Fairness Act of 1996, generally provides For this reason, this action is also not Children from Environmental Health that before a rule may take effect, the subject to Executive Order 13211, Risks and Safety Risks’’ (62 FR 19885, agency promulgating the rule must ‘‘Actions Concerning Regulations That April 23, 1997), because it is not a submit a rule report, which includes a Significantly Affect Energy Supply, significant regulatory action under copy of the rule, to each House of the Distribution, or Use’’ (66 FR 28355, May executive order 12866. Congress and to the Comptroller General 22, 2001). National Technology Transfer of the United States. The EPA will Regulatory Flexibility Act Advancement Act submit a report containing this rule and other required information to the U.S. This action merely approves state law Section 12(d) of the National Senate, the U.S. House of as meeting federal requirements and Technology Transfer and Advancement Representatives, and the Comptroller imposes no additional requirements Act of 1995 (NTTA), 15 U.S.C. 272, General of the United States prior to beyond those imposed by state law. requires Federal agencies to use publication of the rule in the Federal Accordingly, the Administrator certifies technical standards that are developed Register. A major rule cannot take effect that this rule will not have a significant or adopted by voluntary consensus to until 60 days after it is published in the economic impact on a substantial carry out policy objectives, so long as Federal Register. This action is not a number of small entities under the such standards are not inconsistent with ‘‘major rule’’ as defined by 5 U.S.C. Regulatory Flexibility Act (5 U.S.C. 601 applicable law or otherwise 804(2). et seq.). impracticable. In reviewing program submissions, EPA’s role is to approve Judicial Review Unfunded Mandates Reform Act state choices, provided that they meet Under section 307(b)(1) of the Clean Because this action approves pre- the criteria of the Act. Absent a prior Air Act, petitions for judicial review of existing requirements under state law existing requirement for the state to use this action must be filed in the United and does not impose any additional voluntary consensus standards, EPA has States Court of Appeals for the enforceable duty beyond that required no authority to disapprove a program appropriate circuit by January 20, 2004. by state law, it does not contain an submission for failure to use such Filing a petition for reconsideration by unfunded mandate nor does it standards, and it would thus be the Administrator of this final rule does significantly or uniquely affect small inconsistent with applicable law for not affect the finality of this rule for the governments, as described in the EPA to use voluntary consensus purposes of judicial review nor does it Unfunded Mandates Reform Act of 1995 standards in place of a program extend the time within which a petition (Pub. L. 104–4). submission that otherwise satisfies the for judicial review may be filed, and Executive Order 13175 Consultation provisions of the Act. Therefore, the shall not postpone the effectiveness of and Coordination With Indian Tribal requirements of section 12(d) of the such rule or action. This action may not Governments NTTA do not apply. be challenged later in proceedings to This rule also does not have tribal Civil Justice Reform enforce its requirements. (See section 307(b)(2).) implications because it will not have a As required by section 3 of Executive substantial direct effect on one or more Order 12988 (61 FR 4729, February 7, List of Subjects in 40 CFR Part 70 Indian tribes, on the relationship 1996), in issuing this rule, EPA has Environmental protection, between the Federal government and taken the necessary steps to eliminate Administrative practice and procedure, Indian tribes, or on the distribution of drafting errors and ambiguity, minimize Air pollution control, Intergovernmental power and responsibilities between the potential litigation, and provide a clear relations, Operating permits, Reporting Federal government and Indian tribes, legal standard for affected conduct. and recordkeeping requirements. as specified by Executive Order 13175, Governmental Interference With ‘‘Consultation and Coordination with Dated: November 10, 2003. Constitutionally Protected Property Indian Tribal Governments’’ (65 FR Bharat Mathur, Rights 67249, November 9, 2000). Regional Administrator, Region 5. EPA has complied with Executive ■ Chapter I, title 40, Code of Federal Executive Order 13132 Federalism Order 12630 (53 FR 8859, March 15, Regulations, is amended as follows: This action also does not have 1988) by examining the takings federalism implications because it does implications of the rule in accordance PART 70—[AMENDED] not have substantial direct effects on the with the ‘‘Attorney General’s States, on the relationship between the Supplemental Guidelines for the ■ 1. The authority citation for part 70 national government and the States, or Evaluation of Risk and Avoidance of continues to read as follows:

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Authority: 42 U.S.C. 7401, et seq. regulations are effective upon § 1600.1 Purpose. ■ 2. In appendix A to part 70, the entry publication. This part describes the organization, functions, and operation of the (a) for Ohio is revised to read as follows: 2. Regulatory Flexibility Act Chemical Safety and Hazard Appendix A to Part 70—Approval The Regulatory Flexibility Act (5 Investigation Board (CSB). The CSB is Status of State and Local Operating U.S.C. 601 et seq.) requires that a rule an independent agency of the United Permits Programs that has a significant economic impact States created by the Clean Air Act * * * * * on a substantial number of small Amendments of 1990 [Pub. L. 101–549, entities, small businesses, or small 104 Stat. 2399, codified at 42 U.S.C. Ohio organizations must include an initial 7412(r)(6) et seq.]. Information about the (a) Ohio Environmental Protection regulatory flexibility analysis describing CSB is available from its Web site, Agency (OEPA): Submitted on the regulation’s impact on small http://www.csb.gov. November 1, 1993; interim approval entities. Such an analysis need not be § 1600.2 Organization. effective on December 9, 1994; revisions undertaken if the agency has certified (a) The CSB’s Board consists of five submitted on June 5, 1996, October 3, that the regulation will not have a Members appointed by the President 1996, August 25, 1998, and May 24, significant economic impact on a with the advice and consent of the 1999; full approval effective on substantial number of small entities. 5 Senate. The President designates one of September 12, 2001; revision submitted U.S.C. 605(b). The CSB has considered the Members as Chairperson with the on September 16, 2003; revision the impact of this final rule under the advice and consent of the Senate. The approved December 22, 2003. Regulatory Flexibility Act. The General Members exercise various functions, * * * * * Counsel certifies that this final rule will powers, and duties set forth in the Clean [FR Doc. 03–29004 Filed 11–19–03; 8:45 am] not have a significant economic impact Air Act Amendments of 1990 (42 U.S.C. BILLING CODE 6560–50–P on a substantial number of small 7412(r)(6) et seq.). business entities. (b) The CSB’s staff is comprised of the 3. Paperwork Reduction Act following administrative units: (1) The Office of the Chief Operating This final rule does not contain any CHEMICAL SAFETY AND HAZARD Officer; INVESTIGATION BOARD information collection requirements that (2) The Office of Investigations and require the approval of the Office of Safety Programs; 40 CFR Part 1600 Management and Budget under the (3) The Office of the General Counsel; Paperwork Reduction Act (44 U.S.C. (4) The Office of Financial Organization and Functions of the 3501 et seq.). Operations; Chemical Safety and Hazard 4. Unfunded Mandates Reform Act of (5) The Office of Management Investigation Board 1995 Operations; and AGENCY: Chemical Safety and Hazard (6) The Office of Equal Employment This final rule does not require the Opportunity. Investigation Board. preparation of an assessment statement ACTION: Final rule. in accordance with the Unfunded § 1600.3 Functions. Mandates Reform Act of 1995, 2 U.S.C. (a) The CSB investigates chemical SUMMARY: This rule provides 1531. This rule does not include a accidents and hazards, recommending information on the Chemical Safety and Federal mandate that may result in the actions to protect workers, the public, Hazard Investigation Board’s expenditure by State, local, and tribal and the environment. The CSB is organization, functions, and operations. governments, in the aggregate, or by the responsible for the investigation and DATES: This rule is effective November private sector, of $100 million or more determination of the facts, conditions, 20, 2003. (adjusted annually for inflation) in any and circumstances and the cause or FOR FURTHER INFORMATION CONTACT: one year. probable cause or causes of any Raymond C. Porfiri, Office of the List of Subjects in 40 CFR Part 1600 accidental release resulting in a fatality, General Counsel, (202) 261–7600. serious injury, or substantial property SUPPLEMENTARY INFORMATION: This final Organization and functions damages. rule informs the public about the (Government agencies). (b) The CSB makes safety recommendations to Federal, State, and structure, function, operations, and ■ For the reasons stated in the preamble, quorum requirements of the Chemical local agencies, including the the Chemical Safety and Hazard Environmental Protection Agency and Safety and Hazard Investigation Board Investigation Board adds a new 40 CFR (CSB). the Occupational Safety and Health part 1600 to read as follows: Administration and private Regulatory Impact organizations to reduce the likelihood of PART 1600—ORGANIZATION AND 1. Administrative Procedure Act recurrences of chemical incidents. It FUNCTIONS OF THE CHEMICAL initiates and conducts safety studies and In promulgating this rule, the CSB SAFETY AND HAZARD special investigations on matters finds that notice and public comment INVESTIGATION BOARD pertaining to chemical safety. are not necessary. Section 553(b)(3)(A) Sec. (c) The CSB issues reports pursuant to of Title 5, United States Code, provides 1600.1 Purpose. its duties to determine the cause or that when regulations involve matters of 1600.2 Organization. probable cause or causes of chemical agency organization, procedure, or 1600.3 Functions. incidents and to report the facts, practice, the agency may publish 1600.4 Operation. conditions, and circumstances relating regulations in final form. In addition, 1600.5 Quorum and voting requirements. to such incidents; and issues and makes the CSB finds, in accordance with 5 1600.6 Office location. available to the public safety U.S.C. 553(d), that a delayed effective Authority: 5 U.S.C. 301, 552(a)(1); 42 recommendations, safety studies, and date is unnecessary. Accordingly, these U.S.C. 7412(r)(6)(N). reports of special investigations.

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§ 1600.4 Operation. DEPARTMENT OF TRANSPORTATION Documentation (TREAD) Act (Pub. L. In exercising its functions, duties, and 106–414) on November 1, 2000. Section responsibilities, the CSB utilizes: National Highway Traffic Safety 13 of the TREAD Act mandated the (a) The CSB’s staff, consisting of Administration completion of ‘‘a rulemaking for a specialized offices performing regulation to require a warning system investigative, administrative, legal, and 49 CFR Parts 571 and 590 in new motor vehicles to indicate to the financial work for the Board. [Docket No. NHTSA 2003–16524] operator when a tire is significantly (b) Rules published in the Federal under inflated.’’ NHTSA published a Register and codified in this title of the RIN 2127–AJ22 final rule establishing a standard Code of Federal Regulations. requiring tire pressure monitoring (c) Meetings of the Board Members Federal Motor Vehicle Safety systems on June 5, 2002. (67 FR 38704) conducted pursuant to the Government Standards: Tire Pressure Monitoring Public Citizen, Inc., New York Public in the Sunshine Act and part 1603 of Systems; Controls and Displays; Interest Research Group, and the Center this title (CSB Rules Implementing the Amendment in Response to Court for Auto Safety, petitioned for judicial Government in the Sunshine Act) or Decision review of the standard. On August 6, voting by notation as provided in AGENCY: Department of Transportation, 2003, the U.S. Court of Appeals for the § 1600.5(b). National Highway Traffic Safety Second Circuit issued an opinion (d) Public hearings in connection with Administration (NHTSA). vacating the rule establishing the incident or hazard investigations. standard. Public Citizen, Inc. v. Mineta, ACTION: Final rule; notice of No. 02–4237, 2003 U.S. App. LEXIS § 1600.5 Quorum and voting requirements. manufacturer responsibilities and 16556 (2d Cir. Aug. 6, 2003). The agency plans. (a) Quorum requirements. A quorum mandate from the Court issued on the of the Board for the transaction of SUMMARY: The agency is revising the same date. business shall consist of three Members; Code of Federal Regulations to conform Pursuant to the Court’s decision, provided, however, that if the number of to a court decision vacating a Federal NHTSA is removing the regulatory text Board Members in office is fewer than motor vehicle safety standard for tire added to the Code of Federal three, a quorum shall consist of the pressure monitoring systems. Per a Regulations by the rule issued on June number of Members in Office; and mandate in the Transportation Recall 5, 2002. Consequently, motor vehicle provided further that on any matter of Enhancement, Accountability and manufacturers have no obligation to business as to which the number of Documentation Act, the agency issued a begin certifying their vehicles to the Members in office, minus the number of rule in June 2002 establishing the standard on November 1, 2003, as Members who have disqualified standard. The U.S. Court of Appeals for previously required. However, NHTSA themselves from consideration of such the Second Circuit concluded in Public intends expeditiously to issue a matter is two, two Members shall Citizen, Inc. v. Mineta that a portion of standard setting forth performance- constitute a quorum for purposes of the standard was both contrary to law based requirements consistent with the such matter. Once a quorum is and arbitrary and capricious, but Court’s decision and in accordance with constituted, a simple majority of voting vacated the entire standard. Since this the Administrative Procedure Act. Members is required to approve an item document simply revises the Code to NHTSA has determined that it has of the Board’s business. A tie vote conform to the court decision, prior ‘‘good cause’’ under section 553(b)(B) of results in no action. notice and public comment are not the Administrative Procedure Act (b) Voting. The Board votes on items required. (APA), 5 U.S.C. 553(b)(B), to promulgate of business in meetings conducted this final rule without prior notice and pursuant to the Government in the DATES: The amendments made by this opportunity for comment. The agency Sunshine Act. Alternatively, whenever a final rule are effective on November 20, finds it ‘‘unnecessary’’ to provide an Member of the Board is of the opinion 2003. opportunity to comment because this that joint deliberation among the ADDRESSES: Petitions for reconsideration action involves a ministerial removal of members of the Board upon any matter should refer to the docket number and regulatory text in direct response to a at a meeting is unnecessary in light of be submitted to: Administrator, Room court decision. The rule amends only the nature of the matter, impracticable, 5220, National Highway Traffic Safety those regulatory provisions directly or would impede the orderly disposition Administration, 400 Seventh Street, affected by the Court’s decision. For the of agency business, such matter may be SW., Washington, DC 20590. same reasons, the agency finds that this disposed of by employing notation FOR FURTHER INFORMATION CONTACT: For final rule should be effective voting procedures. A written notation of technical and other non-legal issues, immediately because the public would the vote of each participating Board you may call Mr. George Soodoo or Mr. benefit from the prompt removal from member shall be recorded by the Samuel Daniel, Office of Crash the Code of Federal Regulations of General Counsel who shall retain it in Avoidance Standards (Telephone: 202– regulatory requirements that are no the records of the Board. 366–2720) (Fax: 202–366–4329). longer applicable as a result of the § 1600.6 Office location. For legal issues, you may call Eric court’s decision. Stas, Office of Chief Counsel The principal offices of the Chemical VIII. Administrative Requirements (Telephone: 202–366–2992) (Fax: 202– Safety and Hazard Investigation Board 366–3820). A. Executive Order 12866: ‘‘Significant are located at 2175 K Street NW, You may send mail to these officials Regulatory Action Determination’’ Washington, DC 20037. at National Highway Traffic Safety This rulemaking document was not Dated: November 14, 2003. Administration, 400 Seventh Street, reviewed by the Office of Management Raymond C. Porfiri, SW., Washington, DC 20590. and Budget under E.O. 12866, Deputy General Counsel. SUPPLEMENTARY INFORMATION: Congress ‘‘Regulatory Planning and Review.’’ The [FR Doc. 03–28971 Filed 11–19–03; 8:45 am] enacted the Transportation Recall rulemaking action is also not considered BILLING CODE 6350–01–P Enhancement, Accountability, and to be significant under the Department’s

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Regulatory Policies and Procedures (44 effective date. This action is not a implications, that imposes substantial FR 11034; February 26, 1979). While the ‘‘major rule’’ as defined by 5 U.S.C. direct compliance costs, and that is not June 2002 final rule establishing a 804(2). required by statute unless the Federal standard requiring tire pressure government provides the funds E. Unfunded Mandates Reform Act monitoring systems was economically necessary to pay the direct compliance significant, that rule was vacated by a Title II of the Unfunded Mandates costs incurred by State and local court decision, and today’s action Reform Act of 1995 (UMRA), Pub. L. governments or NHTSA consults with merely involves a ministerial removal of 104–4, establishes requirements for State and local officials early in the regulatory text in direct response to that Federal agencies to assess the effects of process of developing the proposed court decision. Therefore, this action is their regulatory actions on State, local, regulation. NHTSA also may not issue a not a ‘‘significant regulatory action’’ and tribal governments and the private regulation that has Federalism under the terms of Executive Order sector. Under section 202 of the UMRA, implications and that preempts State 12866 and is not subject to OMB review. NHTSA generally must prepare a law unless the Agency consults with written statement, including a cost- State and local officials early in the B. Regulatory Flexibility Act benefit analysis, for proposed and final process of developing the proposed Compliance as Amended by the Small rules with ‘‘Federal mandates’’ that may regulation. Business Regulatory Enforcement result in expenditures to State, local, This action will not have substantial Fairness Act of 1996 (SBREFA), 5 U.S.C. and tribal governments, in the aggregate, direct effects on the States, on the 601 et seq. or to the private sector, of $100 million relationship between the national The Regulatory Flexibility Act or more in any single year. Before government and the States, or on the generally requires an agency to conduct promulgating a NHTSA rule for which distribution of power and a regulatory flexibility analysis of any a written statement is needed, section responsibilities among the various rule subject to notice and comment 205 of the UMRA generally requires levels of government as specified in rulemaking requirements unless the NHTSA to identify and consider a Executive Order 13132. This action will agency certifies that the rule will not reasonable number of regulatory not alter the overall relationship or have a significant economic impact on alternatives and adopt the least costly, distribution of powers between a substantial number of small entities. most cost-effective, or least burdensome governments for the Title V program. Small entities include small businesses, alternative that achieves the objectives Thus, the requirements of section 6 of small not-for-profit enterprises, and of the rule. The provisions of section the Executive Order do not apply to this small governmental jurisdictions. 205 do not apply when they are rule. Because the agency has made a ‘‘good inconsistent with applicable law. G. National Technology Transfer and cause’’ finding that this action is not Moreover, section 205 allows NHTSA to Advancement Act subject to notice-and-comment adopt an alternative other than the least requirements under the APA or any costly, most cost-effective, or least Section 12(d) of the National other statute, it is not subject to the burdensome alternative if the Technology Transfer and Advancement regulatory flexibility provisions of the Administrator publishes with the final Act (NTTAA), Pub. L. 104–113, section Regulatory Flexibility Act (5 U.S.C. 601 rule an explanation of why that 12(d) (15 U.S.C. 272 note), directs et seq.). alternative was not adopted. NHTSA to use voluntary consensus Because the agency has made a ‘‘good standards in its regulatory activities C. Paperwork Reduction Act cause’’ finding that this action is not unless to do so would be inconsistent The Administrator has determined subject to notice-and-comment with applicable law or otherwise today’s action does not impose an requirements under the APA or any impractical. Voluntary consensus information collection burden under the other statute, it is not subject to sections standards are technical standards (e.g., provisions of the Paperwork Reduction 202 and 205 of the UMRA. In addition, materials specifications, test methods, Act of 1995 (44 U.S.C. 3501 et seq.). this action does not significantly or sampling procedures, business Burden means the total time, effort, or uniquely affect small governments or practices, etc.) that are developed or financial resources expended to impose a significant intergovernmental adopted by voluntary consensus generate and maintain, retain, or mandate, as described in sections 203 standard bodies. The NTTAA directs provide information as required by a and 204 of the UMRA. NHTSA to provide Congress, through rule. Today’s rule imposes no such OMB, explanations when the Agency F. Executive Order 13132: Federalism burden on any entity. decides not to use available and Executive Order 13132, entitled applicable voluntary consensus D. Submission to Congress and the ‘‘Federalism’’ (64 FR 43255; August 10, standards. Today’s action does not Comptroller General 1999), requires NHTSA to develop an involve any decision whether to adopt The Congressional Review Act (CRA), accountable process to ensure a technical standard. Therefore, NHTSA 5 U.S.C. 801 et seq., as added by the ‘‘meaningful and timely input by State is not considering the use of any Small Business Regulatory Enforcement and local officials in the development of voluntary consensus standards in Fairness Act of 1996, generally provides regulatory policies that have Federalism issuing this action. that before a rule may take effect, the implications.’’ ‘‘Policies that have agency promulgating the rule must Federalism implications’’ is defined in H. Executive Order 12988: Civil Justice submit a rule report (which includes a the Order to include regulations that Reform copy of the rule) to each House of the have ‘‘substantial direct effects on the Pursuant to Executive Order 12988, Congress and to the Comptroller General States, on the relationship between the ‘‘Civil Justice Reform’’ (61 FR 4729, of the United States. NHTSA will national government and the States, or February 7, 1996), the agency has submit a report containing this rule and on the distribution of power and considered whether this rulemaking other required information to the U.S. responsibilities among the various will have any retroactive effect. This Senate, the U.S. House of levels of government.’’ Under Executive final rule does not have any retroactive Representatives, and the Comptroller Order 13132, NHTSA may not issue a effect. Under 49 U.S.C. 30103, whenever General of the United States prior to its regulation that has Federalism a Federal motor vehicle safety standard

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is in effect, a State may not adopt or and safety risks that disproportionately ■ In consideration of the foregoing, maintain a safety standard applicable to affect children. Consequently, no further NHTSA is amending 49 CFR part 571 the same aspect of performance which analysis is required under E.O. 13045. and removing part 590 as follows: is not identical to the Federal standard, J. National Environmental Policy Act except to the extent that the State PART 571—FEDERAL MOTOR requirement imposes a higher level of NHTSA has analyzed this rulemaking VEHICLE SAFETY STANDARDS performance and applies only to for the purposes of the National vehicles procured for the State’s use. 49 Environmental Policy Act. The agency ■ 1. The authority citation for part 571 U.S.C. 30161 sets forth a procedure for has determined that implementation of continues to read as follows: this action will not have any significant judicial review of final rules Authority: 49 U.S.C. 322, 30111, 30115, establishing, amending, or revoking impact on the quality of the human environment. 30117, and 30166; delegation of authority at Federal motor vehicle safety standards. 49 CFR 1.50. That section does not require K. Regulatory Identification Number submission of a petition for (RIN) ■ 2. Section 571.101 is amended by reconsideration or other administrative The Department of Transportation revising paragraph S5.2.3 and Table 2 to proceedings before parties may file a assigns a regulation identification read as follows: suit in court. number (RIN) to each regulatory action § 571.101 Standard No. 101; Controls and I. Executive Order 13045: Protection of listed in the Unified Agenda of Federal displays. Children From Environmental Health Regulations. The Regulatory Information * * * * * and Safety Risks Service Center publishes the Unified Agenda in April and October of each S5.2.3 Any display located within Executive Order 13045, ‘‘Protection of year. You may use the RIN contained in the passenger compartment and listed in Children from Environmental Health the heading at the beginning of this column 1 of Table 2 that has a symbol and Safety Risks’’ (62 FR 19855, April document to find this action in the designated in column 4 of that table 23, 1997), applies to any rule that: (1) Unified Agenda. Is determined to be ‘‘economically shall be identified by either the symbol significant’’ as defined under Executive L. Privacy Act designated in column 4 (or symbol substantially similar in form to that Order 12866, and (2) concerns an Please note that anyone is able to environmental, health, or safety risk that shown in column 4) or the word or search the electronic form of all abbreviation shown in column 3. the agency has reason to believe may comments received into any of our Additional words or symbols may be have a disproportionate effect on dockets by the name of the individual children. If the regulatory action meets submitting the comment (or signing the used at the manufacturer’s discretion for both criteria, the agency must evaluate comment, if submitted on behalf of an the purpose of clarity. Any telltales used the environmental, health, or safety association, business, labor union, etc.). in conjunction with a gauge need not be effects of the planned rule on children, You may review DOT’s complete identified. The identification required and explain why the planned regulation Privacy Act Statement in the Federal or permitted by this section shall be is preferable to other potentially Register published on April 11, 2000 placed on or adjacent to the display that effective and reasonably feasible (Volume 65, Number 70; Pages 19477– it identifies. The identification of any alternatives considered by the agency. 78), or you may visit http://dms.dot.gov. display shall, under the conditions of This final rule removes the existing S6, be visible to the driver and appear TPMS standard from the CFR in List of Subjects in 49 CFR Parts 571 and to the driver perceptually upright. 590 response to a court decision. This * * * * * rulemaking action is neither Imports, Motor vehicle safety, BILLING CODE 4910–59–P economically significant, nor does it Reporting and recordkeeping involve decisions based upon health requirements, Tires.

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BILLING CODE 4910–59–C

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§ 571.138 [Removed and Reserved] Long, NMFS, Office of Protected able, through training or experience, to ■ 3. Remove and reserve § 571.138. Resources, 301–713–1401. identify a right whale. Such individuals SUPPLEMENTARY INFORMATION: include, but are not limited to, NMFS PART 590—[REMOVED AND staff, U.S. Coast Guard and Navy Electronic Access RESERVED] personnel trained in whale Several of the background documents identification, scientific research survey ■ 4. Under the authority of 49 U.S.C. 322, for the ALWTRP and the take reduction personnel, whale watch operators and 30111, 30115, 30117, and 30166; planning process can be downloaded naturalists, and mariners trained in delegation of authority at 49 CFR 1.50, from the ALWTRP Web site at http:// whale species identification through remove and reserve part 590. www.nero.noaa.gov/whaletrp/. disentanglement training or some other Issued: November 14, 2003. Background training program deemed adequate by NMFS. A reliable report would be a Jeffrey W. Runge, The ALWTRP was developed Administrator. credible right whale sighting. pursuant to section 118 of the Marine On November 7, 2003, a vessel-based [FR Doc. 03–28942 Filed 11–19–03; 8:45 am] Mammal Protection Act (MMPA) to survey reported a sighting of four right BILLING CODE 4910–59–C reduce the incidental mortality and whales in the proximity of 42°49′ N lat. serious injury of three endangered and 70°01′ W long. This position lies species of whales (right, fin, and east of Portsmouth, NH. Thus, NMFS DEPARTMENT OF COMMERCE humpback) as well as to provide has received a reliable report from a conservation benefits to a fourth non- qualified individual of the requisite National Oceanic and Atmospheric endangered species (minke) due to right whale density to trigger the DAM Administration incidental interaction with commercial provisions of the ALWTRP. fishing activities. The ALWTRP, Once a DAM zone is triggered, NMFS 50 CFR Part 229 implemented through regulations determines whether to impose [Docket No. 030221039–3280–03; I.D. codified at 50 CFR 229.32, relies on a restrictions on fishing and/or fishing 111403A] combination of fishing gear gear in the zone. This determination is modifications and time/area closures to RIN 0648–AQ04 based on the following factors, reduce the risk of whales becoming including but not limited to: the entangled in commercial fishing gear Taking of Marine Mammals Incidental location of the DAM zone with respect (and potentially suffering serious injury to Commercial Fishing Operations; to other fishery closure areas, weather or mortality as a result). conditions as they relate to the safety of Atlantic Large Whale Take Reduction On January 9, 2002, NMFS published Plan (ALWTRP) human life at sea, the type and amount the final rule to implement the of gear already present in the area, and AGENCY: National Marine Fisheries ALWTRP’s Dynamic Area Management a review of recent right whale (DAM) program (67 FR 1133). On Service (NMFS), National Oceanic and entanglement and mortality data. Atmospheric Administration (NOAA), August 26, 2003, NMFS amended the NMFS has reviewed the factors and Commerce. regulations by publishing a final rule, management options noted above which specifically identified gear ACTION: Temporary rule. relative to the DAM under modifications that may be allowed in a consideration. Pursuant to this review, SUMMARY: The Assistant Administrator DAM zone (68 FR 51195). The DAM NMFS prohibits lobster trap/pot and for Fisheries (AA), NOAA, announces program provides specific authority for anchored gillnet gear in this area during temporary restrictions consistent with NMFS to restrict temporarily on an the 15–day restricted period unless it is expedited basis the use of lobster trap/ the requirements of the ALWTRP’s modified in the manner described in pot and anchored gillnet fishing gear in implementing regulations. These this temporary rule. The DAM zone is areas north of 40° N. lat. to protect right regulations apply to lobster trap/pot and bound by the following coordinates: anchored gillnet fishermen in an area whales. Under the DAM program, 43°09′ N, 70°26′ W (NW Corner) totaling approximately 1,356 square NMFS may: (1) require the removal of 43°09′ N, 69°36′ W nautical miles (nm2) (4,651 km2), east all lobster trap/pot and anchored gillnet 42°32′ N, 69°36′ W of Portsmouth, NH, for 15 days. The fishing gear for a 15–day period; (2) 42°32′ N, 70°26′ W purpose of this action is to provide allow lobster trap/pot and anchored In addition to those gear protection to an aggregation of North gillnet fishing within a DAM zone with modifications currently implemented Atlantic right whales (right whales). gear modifications determined by NMFS under the ALWTRP at 50 CFR 229.32, to sufficiently reduce the risk of the following gear modifications are DATES: Effective beginning at 0001 hours entanglement; and/or (3) issue an alert November 22, 2003, through 2400 hours required in the DAM zone. If the to fishermen requesting the voluntary December 6, 2003. requirements and exceptions for gear removal of all lobster trap/pot and modification in the DAM zone, as ADDRESSES: Copies of the proposed and anchored gillnet gear for a 15–day described below, differ from other final Dynamic Area Management rules, period and asking fishermen not to set ALWTRP requirements for any Environmental Assessments (EAs), any additional gear in the DAM zone overlapping areas and times, then the Atlantic Large Whale Take Reduction during the 15–day period. more restrictive requirements will apply Team (ALWTRT) meeting summaries, A DAM zone is triggered when NMFS in the DAM zone. and progress reports on implementation receives a reliable report from a of the ALWTRP may also be obtained by qualified individual of three or more Lobster Trap/Pot Gear writing Diane Borggaard, NMFS/ right whales sighted within an area (75 Fishermen utilizing lobster trap/pot Northeast Region, One Blackburn Drive, nm2 (139 km2)) such that right whale gear within the portion of the Northern Gloucester, MA 01930. density is equal to or greater than 0.04 Nearshore Lobster Waters, Northern FOR FURTHER INFORMATION CONTACT: right whales per nm2 (1.85 km2). A Inshore State Lobster Waters, and Diane Borggaard, NMFS/Northeast qualified individual is an individual Stellwagen Bank/Jeffreys Ledge Region, 978–281–9328 x6503; or Kristy ascertained by NMFS to be reasonably Restricted Area that overlap with the

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DAM zone are required to utilize all of close as possible to each of the bridle before NMFS could implement the the following gear modifications while ends of the net panel. The remaining restrictions designed to protect them, the DAM zone is in effect: two weak links must be placed in the thereby rendering the action obsolete. 1. Groundlines must be made of either center of each of the up and down lines Therefore, pursuant to 5 U.S.C. sinking or neutrally buoyant line. at the panel ends; and 553(b)(B), the AA finds that good cause Floating groundlines are prohibited; 5. All anchored gillnets, regardless of exists to waive prior notice and an 2. All buoy lines must be made of the number of net panels, must be opportunity to comment on this action either sinking or neutrally buoyant line, securely anchored with the holding to implement a DAM restricted zone to except the bottom portion of the line, power of at least a 22 lb (10.0 kg) reduce the risk of entanglement of which may be a section of floating line Danforth-style anchor at each end of the endangered right whales in commercial not to exceed one-third the overall net string. lobster trap/pot and anchored gillnet length of the buoy line; The restrictions will be in effect gear as such procedures would be 3. Fishermen are allowed to use two beginning at 0001 hours November 24, impracticable. buoy lines per trawl; and 2003, through 2400 hours December 6, For the same reasons, the AA finds 4. A weak link with a maximum 2003, unless terminated sooner or that, under 5 U.S.C. 553(d)(3), good breaking strength of 600 lb (272.4 kg) extended by NMFS through another cause exists to waive the 30–day delay must be placed at all buoys. notification in the Federal Register. in effective date. If NMFS were to delay Fishermen utilizing lobster trap/pot The restrictions will be announced to for 30 days the effective date of this gear within the portion of the Offshore state officials, fishermen, Atlantic Large action, the aggregated right whales Lobster Waters Area that overlap with Whale Take Reduction Team (ALWTRT) would be vulnerable to entanglement, the DAM zone are required to utilize all members, and other interested parties which could cause serious injury and of the following gear modifications through e-mail, phone contact, NOAA mortality. Additionally, right whales while the DAM zone is in effect: website, and other appropriate media would likely move to another location 1. Groundlines must be made of either immediately upon filing with the between the time NMFS approved the sinking or neutrally buoyant line. Federal Register. action creating the DAM restricted zone Floating groundlines are prohibited; Classification and the time it went into effect, thereby 2. All buoy lines must be made of rendering the action obsolete and either sinking or neutrally buoyant line, In accordance with section 118(f)(9) of ineffective. Nevertheless, NMFS except the bottom portion of the line, the MMPA, the Assistant Administrator recognizes the need for fishermen to which may be a section of floating line (AA) for Fisheries has determined that have time to either modify or remove (if not to exceed one-third the overall this action is necessary to implement a not in compliance with the required length of the buoy line; take reduction plan to protect North restrictions) their gear from a DAM zone 3. Fishermen are allowed to use two Atlantic right whales. once one is approved. Thus, NMFS buoy lines per trawl; and This action falls within the scope of makes this action effective 2 days after 4. A weak link with a maximum alternatives and impacts analyzed in the the date of publication of this notice in breaking strength of 1,500 lb (680.4 kg) Final EAs prepared for the ALWTRP’s the Federal Register. NMFS will also must be placed at all buoys. DAM program. Further analysis under endeavor to provide notice of this action the National Environmental Policy Act to fishermen through other means as Anchored Gillnet Gear (NEPA) is not required. soon as the AA approves it, thereby Fishermen utilizing anchored gillnet NMFS provided prior notice and an providing approximately 3 additional gear within the portion of the Other opportunity for public comment on the days of notice while the Office of the Northeast Gillnet Waters and Stellwagen regulations establishing the criteria and Federal Register processes the Bank/Jeffreys Ledge Restricted Area that procedures for implementing a DAM document for publication. overlap with the DAM zone are required zone. Providing prior notice and NMFS determined that the regulations to utilize all the following gear opportunity for comment on this action, establishing the DAM program and modifications while the DAM zone is in pursuant to those regulations, would be actions such as this one taken pursuant effect: impracticable because it would prevent to those regulations are consistent to the 1. Groundlines must be made of either NMFS from executing its functions to maximum extent practicable with the sinking or neutrally buoyant line. protect and reduce serious injury and enforceable policies of the approved Floating groundlines are prohibited; mortality of endangered right whales. coastal management program of the U.S. 2. All buoy lines must be made of The regulations establishing the DAM Atlantic coastal states. This either sinking or neutrally buoyant line, program are designed to enable the determination was submitted for review except the bottom portion of the line, agency to help protect unexpected by the responsible state agencies under which may be a section of floating line concentrations of right whales. In order section 307 of the Coastal Zone not to exceed one-third the overall to meet the goals of the DAM program, Management Act. Following state length of the buoy line; the agency needs to be able to create a review of the regulations creating the 3. Fishermen are allowed to use two DAM zone and implement restrictions DAM program, no state disagreed with buoy lines per string; on fishing gear as soon as possible once NMFS’ conclusion that the DAM 4. Each net panel must have a total of the criteria are triggered and NMFS program is consistent to the maximum five weak links with a maximum determines that a DAM restricted zone extent practicable with the enforceable breaking strength of 1,100 lb (498.8 kg). is appropriate. If NMFS were to provide policies of the approved coastal Net panels are typically 50 fathoms prior notice and an opportunity for management program for that state. (91.4 m) in length, but the weak link public comment upon the creation of a The DAM program under which requirements would apply to all DAM restricted zone, the aggregated NMFS is taking this action contains variations in panel size. These weak right whales would be vulnerable to policies with federalism implications links must include three floatline weak entanglement which could result in warranting preparation of a federalism links. The placement of the weak links serious injury and mortality. assessment under Executive Order on the floatline must be: one at the Additionally, the right whales would 13132. Accordingly, in October 2001 center of the net panel and one each as most likely move on to another location and March 2003, the Assistant Secretary

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for Intergovernmental and Legislative Summary Impact Statement for the final Dated:November 17, 2003. Affairs, DOC, provided notice of the rules is available upon request Rebecca Lent, DAM program and its amendments to (ADDRESSES). Deputy Assistant Administrator for the appropriate elected officials in states The rule implementing the DAM Regulatory Programs, National Marine to be affected by actions taken pursuant program has been determined to be not Fisheries Service. to the DAM program. Federalism issues significant under Executive Order [FR Doc. 03–29038 Filed 11–17–03; 2:47 pm] raised by state officials were addressed 12866. BILLING CODE 3510–22–S in the final rules implementing the Authority: 16 U.S.C. 1361 et seq. and 50 DAM program. A copy of the federalism CFR 229.32(g)(3)

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Proposed Rules Federal Register Vol. 68, No. 224

Thursday, November 20, 2003

This section of the FEDERAL REGISTER 12866 and has not, therefore, been which require intergovernmental contains notices to the public of the proposed reviewed by the Office of Management consultation with State and local issuance of rules and regulations. The and Budget (OMB). officials. See the notice related to 7 CFR purpose of these notices is to give interested part 3015, subpart V, published at 48 FR Federal Assistance Programs persons an opportunity to participate in the 29115 (June 24, 1983). rule making prior to the adoption of the final The title and number of the Federal rules. assistance programs, as found in the Unfunded Mandates Catalog of Federal Domestic Assistance, Title II of the Unfunded Mandates DEPARTMENT OF AGRICULTURE to which this proposed rule applies are: Reform Act of 1995 does not apply to Commodity Loans and Loan Deficiency this rule because CCC is not required by Commodity Credit Corporation Payments, 10.051. 5 U.S.C. 553 or any other law to publish a notice of proposed rulemaking for the Regulatory Flexibility Act 7 CFR Part 1423 subject matter of this rule. It has been determined that the RIN 0560–AE50 Regulatory Flexibility Act is not Government Paperwork Elimination applicable to this rule because CCC is Act Standards for Approval of Warehouses not required by 5 U.S.C. 553 or any CCC is committed to compliance with for CCC Interest Commodity Storage other law to publish a notice of the Government Paperwork Elimination AGENCY: Commodity Credit Corporation, proposed rulemaking for the subject Act (GPEA) and the Freedom to E-File USDA. matter of this rule. Act, which require Government agencies in general and CCC in ACTION: Proposed rule. Environmental Assessment particular to provide the public the SUMMARY: This proposed rule is offered The environmental impacts of this option of submitting information or to revise regulations covering the proposed rule have been considered in transacting business electronically to storage of commodities in which the accordance with the provisions of the the maximum extent possible. The Commodity Credit Corporation (CCC) national Environmental Policy Act of forms and other information collection has an interest. For the most part, those 1969 (NEPA), 42 U.S.C. 4321 et seq., the activities required for the warehousing commodities are acquired in connection regulations of the Council on matters covered by this rule are not yet with non-recourse commodity loan Environmental Quality (40 CFR parts fully implemented for the public to programs that benefit farmers. This rule 1500–1508), and FSA’s regulations for conduct business with CCC will consolidate the regulations for all compliance with NEPA, 7 CFR part 799. electronically. Documents needed in commodities stored by CCC into one set To the extent these authorities may this regard may be obtained by mail or of regulations. In addition, this rule apply, CCC has concluded that this rule FAX. Electronic implementation of the would, in some instances, revise the is categorically excluded from further matters covered by this rule is under substantive provisions that are in effect environmental review as evidenced by consideration. under the existing regulations. the completion of an environmental Background evaluation. No extraordinary DATES: Comments on this rule, in order circumstances or other unforeseeable Under Title I of the Farm Security and to be assured of consideration, must be Rural Investment Act of 2002, the received by January 20, 2004. factors exist which would require preparation of an environmental Commodity Credit Corporation (CCC) ADDRESSES: Comments and request for assessment or environmental impact makes marketing assistance loans to additional information should be statement. A copy of the environmental farmers that can lead to forfeiture of the directed to Howard Froehlich, Chief, evaluation is available for inspection commodities to CCC. Also, CCC can Program Development Branch, and review upon request. acquire commodities under other Warehouse and Inventory Division, circumstances. Section 4(h) of the CCC Farm Service Agency, United States Executive Order 12988 Charter Act (7 U.S.C. 714b(h)) precludes Department of Agriculture, 1400 This rule has been reviewed in CCC from acquiring real property for Independence Avenue, SW., STOP accordance with Executive Order 12988, storage facilities for agricultural 0553, Washington, DC 20250–0553, Civil Justice Reform. In accordance with commodities unless CCC determines telephone (202) 720–7398, FAX (202) this Executive Order: (1) All State and that private facilities for the storage of 690–3123, e-mail local laws and regulations that are in such commodities are inadequate. _ Howard [email protected]. conflict with this rule will be Further, section 5 of the CCC Charter Persons with disabilities who require preempted; (2) except as specifically Act (7 U.S.C. 714c) requires that in alternative means for communication stated in this rule, no retroactive effect purchasing, selling, warehousing, for regulatory information (braille, large will be given to this rule; and (3) transporting, or handling agricultural print, audiotape, etc.) should contact administrative proceedings in commodities, CCC shall use, to the USDA’s TARGET Center at (202) 720– accordance with 7 CFR part 780 must be maximum extent practicable, the usual 2600 (voice and TDD). exhausted before seeking judicial and customary channels, facilities, and SUPPLEMENTARY INFORMATION: review. arrangements of trade and commerce. CCC enters into storage agreements Executive Order 12866 Executive Order 12372 with private warehouse operators to This rule has been determined to be This program is not subject to the provide for the storage of various not significant under Executive Order provisions of Executive Order 12372, commodities it acquires. CCC has

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regulations covering such storage at 7 PART 1423—STANDARDS FOR § 1423.3 Definitions. CFR 1421.5551–1421.5559, part 1423, APPROVAL OF WAREHOUSES FOR Agreement means agreements and 1427, subpart E. More specifically, CCC INTEREST COMMODITY covering storage and handling of any those rules establish the standards a STORAGE such commodity the Secretary of warehouse operator must meet to be Agriculture may determine appropriate approved to store CCC-interest Sec. for storage. commodities. This rule proposes to: 1423.1 Applicability. CCC interest commodities means 1423.2 Administration. 1. Consolidate the approval commodities either pledged as collateral regulations at one location in the Code 1423.3 Definitions. 1423.4 General requirements. for a CCC commodity loan or owned by of Federal Regulations. 1423.5 Application requirements. CCC. 2. Revise the fire fighting equipment 1423.6 Financial information KCCO means the FSA, Kansas City requirements in the approval documentation requirements. Commodity Office. regulations to specify that warehouses 1423.7 Net worth alternatives. Warehouse means a building, must meet local standards; 1423.8 Approval or rejection. structure, or other protected enclosure, 3. Reduce the financial information 1423.9 Examination of warehouses. in good state of repair, and adequately submission requirements for a 1423.10 Exceptions for United States equipped to receive, handle, store, warehouse seeking approval and delete Warehouse Act licensed warehouses. preserve, and deliver the applicable the option of submitting a financial 1423.11 Exemption from standards. 1423.12 Application, inspection, and commodity. statement compilation report prepared Warehouse operator means an by a management firm. All participating annual agreement fees. 1423.13 Appeals, suspensions, and individual, partnership, corporation, warehouses will now be required to debarment. association, or other legal entity engaged submit an accountant’s audit or review in the business of storing or handling for Authority: 15 U.S.C. 714b and 714c. report. This will allow for standard hire, or both, the applicable commodity. filings and greater confidence in the § 1423.1 Applicability. independence of the analysis. § 1423.4 General requirements. 4. Reduce the number of alternatives (a) This part sets forth the terms and (a) Unless otherwise provided in this and forms of financial assurance conditions for approval of a warehouse part, approved warehouse operators allowed to document the warehouse operator by the Commodity Credit shall have: operator’s compliance with minimum Corporation (CCC) to store and handle (1) A current and valid license for the net worth requirements. This rule CCC interest commodities. kind of storage operation for which the proposes to delete the option of a legal (b) A warehouse must be approved by warehouse operator seeks approval if liability insurance policy as an CCC and a storage agreement must be in such a license is required by State or alternative for calculated net worth effect between CCC and the warehouse local laws or regulations; deficiencies and requires net worth operator before CCC will consider (2) A minimum and required net deficiencies be met with bonds, cash, storing or store CCC interest worth in such amount as is specified by negotiable securities, an irrevocable commodities in this warehouse. The CCC or as otherwise meets the letter of credit, or other alternative approval of a warehouse by CCC or the requirements of § 1423.7; instruments. Legal liability policies are completion of a storage agreement on (3) Sufficient funds to meet ordinary rarely used and including that option in behalf of CCC does not constitute a operating expenses; the regulations is an unnecessary commitment that CCC will use the (4) Corrected any deficiencies in the complication and distraction. warehouse, and no official or employee performance of any previous storage 5. Allow submission of irrevocable of the U.S. Department of Agriculture is agreement with CCC; and letters of credit from financial authorized to make such a commitment. (5) Accurate and complete inventory institutions subject to the Farm Credit (c) By entering into a storage and operating records. Act of 1971. This change is in response agreement with CCC, the warehouse (b) Approved warehouses may only to requests from warehouse operators operator agrees to perform and comply use pre-numbered warehouse receipts that receive their financing through the with the terms and conditions meeting the information requirements in Farm Credit Administration rather than prescribed in the storage agreement. the applicable commodity’s CCC loan through commercial banks insured by (d) Warehouse operators who are program regulations and requirements the Federal Deposit Insurance under agreement with CCC shall meet and may only use pre-numbered scale Corporation. This will allow greater the terms and conditions of these tickets, if applicable; or other flexibility, and conform regulations with regulations. documents as CCC may prescribe. industry practice, without (c) In addition, the warehouse must § 1423.2 Administration. compromising CCC’s interests. have: 6. Make technical and clarifying (a) On behalf of CCC, the Farm (1) Adequate and operable fire changes in the wording and structure of Service Agency (FSA) will administer fighting equipment as required by the the regulation and other substantive this part under the supervision of the state and local fire authorities for the changes to specify fees applicable to Deputy Administrator, Commodity type of warehouse and stored examination of approved warehouses. Operations (Deputy Administrator), commodity; FSA. (2) A work force and equipment List of Subjects in 7 CFR Part 1423 (b) The Deputy Administrator or a available to provide adequate storage Agricultural commodities, Approval designee may authorize a waiver or and handling services as specified in the of warehouses, Dairy products, Feed modification of deadlines and other applicable agreement or as otherwise grains, Oilseeds, Price support program requirements in cases where determined by CCC; programs, Processed commodities, lateness or failure to meet requirements (3) Necessary experience, Surplus agricultural commodities. does not adversely affect the operation organization, technical qualifications, For the reasons set forth in the of the program, and may set such and skills in the warehousing business preamble, 7 CFR part 1423 is revised to additional requirements as will facilitate regarding the applicable commodities to read as follows: the operation of the program. provide proper storage and handling

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services. This includes officials and (1) An audit or review report by an authorized to accept service of legal supervisory employees of the warehouse independent Certified Public process in the State where the operator in charge of warehouse Accountant or an independent public warehouse is located. operations; accountant. The report must be (2) Is executed on either a bond form (4) A satisfactory record of integrity, prepared in accordance with standards obtained from CCC, or which is judgment, and performance as established by the American Institute of furnished under State law or operational determined by CCC; provided further Certified Public Accountants according rules for non-governmental supervisory that owners, officials, and supervisory to generally accepted auditing agencies, if approved by CCC, so long as employees of the warehouse operator in principles including the accountant’s CCC determines that such alternative charge of warehouse operations must certifications, assurances, opinions, bond: also have such a satisfactory record; and comments, and notes with respect to (i) Provides adequate protection to (5) No record, either itself or among such audit or review report. The report CCC; its owners, officials, and supervisory must also include a: (ii) Has been executed by a surety employees, of suspension or debarment (i) Balance sheet; approved by the U.S. Department of the under applicable Federal suspension (ii) Statement of income (profit and Treasury or has an acceptable blanket and debarment regulations. loss); rider and endorsement executed by such (d) Unless otherwise provided in this (iii) Statement of retained earnings; a surety with the liability of the surety part, each approved warehouse used to and under such rider or endorsement being store or handle CCC interest (iv) Statement of cash flows. the same as that of the surety under the commodities, shall: (2) Such other information as CCC original bond; and (1) Be under the control of the may require. (iii) Is effective for at least 1 year and warehouse operator at all times; (b) Financial statements submitted: cannot be canceled without a one (2) If leased, furnish a copy of the (1) May be submitted on other forms hundred twenty (120) days notice to written lease agreement to CCC with the than required in paragraph (a) of this CCC. Excess coverage on a bond for one application. The lease agreement must section when so approved by CCC; warehouse will not be accepted by CCC be renewable and must provide that the (2) Shall show the financial condition against insufficient bond coverage on lease holder cannot cancel the of the warehouse operator no earlier other warehouses; agreement without giving at least 120 than ninety (90) days before the date of (b) Cash and negotiable securities. days notice to the warehouse operator. the warehouse operator’s application, or Any such cash or negotiable securities All leases are subject to CCC approval; such other date as CCC may prescribe, accepted by CCC will be returned to the (3) At all times meet the conditions and must indicate any material changes warehouse operator when the period for for approval; and that have occurred in the interim; and which coverage was required has ended (4) Not be subject to greater than (3) Shall be updated and resubmitted and CCC determines there is no liability normal risk of fire, flood, or other annually and at such other times as CCC under the storage agreement; hazards, as determined by CCC. may require; and (c) An irrevocable letter of credit § 1423.5 Application requirements. (c) Subject to CCC approval, the meeting CCC requirements that is effective for at least 1 year and cannot (a) Documents required. To apply for financial reporting requirements set be canceled without a one hundred approval under this part, a warehouse forth in paragraphs (a) and (b) of this twenty (120) days notice to CCC. The operator shall submit to CCC the section may be met by one of the issuing bank must be a commercial bank following: following: (1) An application as prescribed by (1) Appraisals of the value of fixed insured by the Federal Deposit CCC for the applicable commodity assets in excess of the book value when Insurance Corporation or a financial storage agreement; prepared by independent appraisers institution subject to the Farm Credit (2) Evidence of compliance with acceptable to and approved by CCC. Act of 1971, Public Law 92–181, 85 Stat. § 1423.4; (2) A parent company of a wholly- 583; or (3) Current financial information owned subsidiary when the warehouse (d) Other alternative instruments and sufficient to meet the requirements of operator’s financial position is forms of financial assurance as the § 1423.6; separately identified on all applicable Deputy Administrator determines (4) For State licensed or non-licensed consolidated statements, or appropriate to secure the warehouse warehouse operators, a sample copy of (3) A guaranty agreement from: operator’s compliance with this section. (i) A parent company submitted on the warehouse operator’s warehouse § 1423.8 Approval or rejection. receipts or electronic warehouse receipt behalf of a wholly-owned subsidiary, or (a) CCC will notify warehouse record descriptor when applicable; and (ii) An entity with substantial interest (5) Such other documents or in the warehouse operator when operators approved under this part in information as CCC may require. applicable financial statements are writing. Approval does not relieve the (b) Examination required. Before prepared at the audit level. warehouse operator of any obligation approval, a warehouse must be under any agreement to CCC or any § 1423.7 Net worth alternatives. examined by a person designated by other agency of the United States, and CCC to determine whether it meets the Warehouse operators with net worth does not obligate CCC to use the standards for approval for the storage or equal to or greater than the minimum warehouse. handling of commodities under this net worth required, but less than the (b) CCC will notify the warehouse part. total net worth for the commodity operator of rejection under this part in involved in the particular agreement, writing. The notification will state the § 1423.6 Financial information may satisfy the net worth deficiency by cause(s) for rejection. Except for documentation requirements. furnishing one of the following: rejections due to the requirements of (a) To be approved to store CCC- (a) A bond which: § 1423.4(c)(5), CCC may reconsider a interest commodities, warehouse (1) Is executed by a surety approved warehouse for approval when the operators shall submit the following to by the U.S. Department of the Treasury warehouse operator establishes that the CCC: so long as the surety maintains someone reasons for rejection have been

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remedied or requests reconsideration of (b) The annual agreement fee shall be Please include the following number the action and presents to the Director, fifty (50) percent of the applicable (RIN 3150–AH32) in the subject line of KCCO, in writing, information in USWA annual license fee. your comments. Comments on support of such request. The warehouse rulemakings submitted in writing or in § 1423.13 Appeals, suspensions, and operator may, if dissatisfied with the debarment. electronic form will be made available Director’s determination, obtain a to the public in their entirety on the review of the determination and an (a) After initial approval, warehouse NRC rulemaking Web site. Personal informal hearing by submitting a request operators may request that CCC information will not be removed from with the Deputy Administrator. Appeals reconsider adverse actions when the your comments. warehouse operator establishes that the shall be as prescribed in 7 CFR part 780. reasons for the action have been Mail comments to: Secretary, U.S. Nuclear Regulatory Commission, § 1423.9 Examination of warehouses. remedied or requests reconsideration of the action and presents to the Director, Washington, DC 20555–0001, ATTN: Before approval, and while a storage KCCO, in writing, information in Rulemakings and Adjudications Staff. agreement is in effect, a warehouse must support of such request. The warehouse E-mail comments to: [email protected]. If be examined by a person designated by operator may, if dissatisfied with the you do not receive a reply e-mail CCC periodically to determine Director’s determination, obtain a confirming that we have received your compliance with this part. CCC or any review of the determination and an comments, contact us directly at (301) other agency of USDA shall, at any time, informal hearing by submitting a request 415–1966. You may also submit have the right to inspect the warehouse to the Deputy Administrator. Appeals comments via the NRC’s rulemaking storage facilities and any applicable shall be as prescribed in 7 CFR part 780, Web site at http://ruleforum.llnl.gov. records. Inspection or examination by and under such regulations, the Address questions about our rulemaking CCC does not absolve the warehouse warehouse operator shall be considered Web site to Carol Gallagher (301) 415– operator of any failure to comply with as a ‘‘participant.’’ 5905; e-mail [email protected]. this part that CCC does not discover. (b) Suspension and debarment actions Hand deliver comments to: 11555 Failure to allow access to facilities as taken under this part shall be conducted Rockville Pike, Rockville, Maryland required under this paragraph will in accordance with part 1407 of this 20852, between 7:30 am and 4:15 pm result in rejection or revocation of chapter. After expiration of the Federal workdays. (Telephone (301) approval. suspension or debarment period, a 415–1966). § 1423.10 Exceptions for United States warehouse operator may, at any time, Fax comments to: Secretary, U.S. Warehouse Act licensed warehouses. apply for approval under this part. Nuclear Regulatory Commission at (301) 415–1101. The financial requirements, net worth Signed at Washington, DC, on November 14, 2003. alternatives, and examination Publicly available documents related James R. Little, provisions of this part do not apply to to this rulemaking may be viewed any warehouse operator approved or Executive Vice President, Commodity Credit electronically on the public computers Corporation. applying for approval for the storage located at the NRC’s Public Document and handling of commodities under [FR Doc. 03–28989 Filed 11–19–03; 8:45 am] Room (PDR), O1 F21, One White Flint CCC programs if the warehouse is BILLING CODE 3410–05–P North, 11555 Rockville Pike, Rockville, licensed under the U.S. Warehouse Act Maryland. The PDR reproduction (USWA) for such commodities. A contractor will copy documents for a special examination shall be made of NUCLEAR REGULATORY fee. Selected documents, including such warehouse whenever CCC COMMISSION comments, may be viewed and determines such action is necessary. downloaded electronically via the NRC 10 CFR Part 50 rulemaking Web site at http:// § 1423.11 Exemption from standards. RIN 3150–AH32 ruleforum.llnl.gov. The Deputy Administrator may Publicly available documents created temporarily exempt the standards of this Minor Changes to Decommissioning or received at the NRC after November part for approval of warehouses to store Trust Fund Provisions 1, 1999, are available electronically at the NRC’s Electronic Reading Room at CCC-interest commodities where such AGENCY: Nuclear Regulatory http://www.nrc.gov/reading-rm/ exemption is considered necessary to Commission. adams.html. From this site, the public protect the interests of CCC and when ACTION: Proposed rule. necessary to carry out CCC programs. can gain entry into the NRC’s SUMMARY: The NRC is amending its Agencywide Document Access and § 1423.12 Application, inspection, and regulations related to decommissioning Management System (ADAMS), which annual agreement fees. trust fund provisions to correct provides text and image files of NRC’s Each warehouse operator not licensed typographical errors and make minor public documents. If you do not have under USWA shall pay to CCC an changes to a final rule promulgated by access to ADAMS or if there are application fee, as well as inspection the NRC in December of 2002. This problems in accessing the documents fees, and annual agreement fees, for action adds clarifying language to located in ADAMS, contact the NRC each warehouse approved by CCC or for amendments regarding notification PDR Reference staff at 1–800–397–4209, which approval is sought. The terms requirements, investment prohibitions, 301–415–4737 or by e-mail to and conditions of such fees will be set and the option for licensees to retain [email protected]. forth in the applicable agreement. their existing license conditions. FOR FURTHER INFORMATION CONTACT: (a) The application and inspection DATES: Comments on the proposed rule Brian J. Richter, Office of Nuclear fees shall be the inspection fee must be received on or before December Reactor Regulation, U.S. Nuclear applicable to the commodity announced 22, 2003. Regulatory Commission, Washington, by FSA for USWA warehouse operators; ADDRESSES: You may submit comments DC 20555–0001; telephone (301) 415– and by any one of the following methods. 1978; e-mail [email protected].

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SUPPLEMENTARY INFORMATION: For as amended; and 5 U.S.C. 552 and 553, (i) * * * additional information see the direct the NRC is proposing to adopt the (A) Is prohibited from investing the final rule published in the Rules and following amendments to 10 CFR part funds in securities or other obligations Regulations section of this Federal 50. of the licensee or any other owner or Register. operator of any nuclear power reactor or Because NRC considers this action PART 50—DOMESTIC LICENSING OF their affiliates, subsidiaries, successors noncontroversial and routine, the NRC PRODUCTION AND UTILIZATION or assigns, or in a mutual fund in which is publishing this proposed rule FACILITIES at least 50 percent of the fund is concurrently as a direct final rule. The 1. The authority citation for Part 50 invested in the securities of a licensee direct final rule will become effective on continues to read as follows: or parent company whose subsidiary is December 24, 2003. However, if the an owner or operator of a foreign or NRC receives significant adverse Authority: Secs. 102, 103, 104, 105, 161, domestic nuclear power plant. However, 182, 183, 186, 189, 68 Stat. 936, 937, 938, comments on the direct final rule by the funds may be invested in securities December 22, 2003, then the NRC will 948, 953, 954, 955, 956, as amended, sec. 234, 83 Stat. 444, as amended (42 U.S.C. tied to market indices or other non- publish a document that withdraws the 2132, 2133, 2134, 2135, 2201, 2232, 2233, nuclear sector collective, commingled, direct final rule. If the direct final rule 2236, 2239, 2282); secs. 201, as amended, or mutual funds, provided that this is withdrawn, the NRC will address the 202, 206, 88 Stat. 1242, as amended, 1244, subsection shall not operate in such a comments received in response to the 1246 (42 U.S.C. 5841, 5842, 5846). way as to require the sale or transfer proposed revisions in a subsequent final Section 50.7 also issued under Pub. L. 95– either in whole or in part, or other rule. Absent significant modifications to 601, sec. 10, 92 Stat. 2951 (42 U.S.C. 5851). disposition of any such prohibited Section 50.10 also issued under secs. 101, the proposed revisions requiring investment that was made before the republication, the NRC will not initiate 185, 68 Stat. 955 as amended (42 U.S.C. 2131, 2235), sec. 102, Pub. L. 91–190, 83 Stat. 853 publication date of this rule, and a second comment period for this action (42 U.S.C. 4332). Sections 50.13, 50.54(dd), provided further that no more than 10 in the event the direct final rule is and 50.103 also issued under sec. 108, 68 percent of trust assets may be indirectly withdrawn. Stat. 939, as amended (42 U.S.C. 2138). invested in securities of any entity A significant adverse comment is a Sections 50.23, 50.35, 50.55, and 50.56 also owning or operating one or more comment where the commenter issued under sec. 185, 68 Stat. 955 (42 U.S.C. nuclear power plants. explains why the rule would be 2235). Sections 50.33a, 50.55a and Appendix (B) Is obligated at all times to adhere Q also issued under sec. 102, Pub. L. 91–190, inappropriate, including challenges to to a standard of care set forth in the the rule’s underlying premise or 83 Stat. 853 (42 U.S.C. 4332). Sections 50.34 and 50.54 also issued under sec. 204, 88 Stat. trust, which either shall be the standard approach, or would be ineffective or 1245 (42 U.S.C. 5844). Sections 50.58, 50.91, of care, whether in investing or unacceptable without a change. A and 50.92 also issued under Pub. L. 97–415, otherwise, required by State or Federal comment is adverse and significant if: 96 Stat. 2073 (42 U.S.C. 2239). Section 50.78 law or one or more State or Federal (1) The comment opposes the rule and also issued under sec. 122, 68 Stat. 939 (42 regulatory agencies with jurisdiction provides a reason sufficient to require a U.S.C. 2152). Sections 50.80–50.81 also over the trust funds, or, in the absence substantive response in a notice-and- issued under sec. 184, 68 Stat. 954, as of any such standard of care, whether in amended (42 U.S.C. 2234). Appendix F also comment process. For example, a investing or otherwise, that a prudent substantive response is required when: issued under sec. 187, 68 Stat. 955 (42 U.S.C. 2237). investor would use in the same (a) The comment causes the NRC staff circumstances. * * * to reevaluate (or reconsider) its position 2. In § 50.75, the sixth sentence of or conduct additional analysis; paragraphs (e)(1)(i) and the sixth * * * * * (b) The comment raises an issue sentence of (e)(1)(ii), paragraph (iv) Except for withdrawals being serious enough to warrant a substantive (h)(1)(i)(A), the first sentences of made under 10 CFR 50.82(a)(8) or for response to clarify or complete the paragraphs (h)(1)(i)(B), (h)(1)(iv), and payments of ordinary administrative record; or (h)(2), are revised, and a new paragraph costs (including taxes) and other (c) The comment raises a relevant (h)(5) is added to read as follows: incidental expenses of the fund issue that was not previously addressed (including legal, accounting, actuarial, or considered by the NRC staff. § 50.75 Reporting and recordkeeping for and trustee expenses) in connection (2) The comment proposes a change decommissioning planning. with the operation of the fund, no or an addition to the rule, and it is * * * * * disbursement or payment may be made apparent that the rule would be (e)(1) * * * from the trust, escrow account, ineffective or unacceptable without (i) * * * A licensee that has prepaid Government fund, or other account used incorporation of the change or addition. funds based on the formulas in to segregate and manage the funds until (3) The comment causes the staff to § 50.75(c) of this section may take credit written notice of the intention to make make a change (other than editorial) to for projected earnings on the prepaid a disbursement or payment has been the rule. decommissioning funds using up to a 2 given to the Director, Office of Nuclear percent annual real rate of return up to Reactor Regulation, or the Director, List of Subjects in 10 CFR Part 50 the time of permanent termination of Office of Nuclear Material Safety and Antitrust, Classified information, operations. Safeguards, as applicable, at least 30 Criminal Penalties, Fire protection, (ii) * * * A licensee that has working days before the date of the Intergovernmental relations, Nuclear collected funds based on the formulas in intended disbursement or payment. power plants and reactors, Radiation § 50.75(c) of this section may take credit *** protection, Reactor siting criteria, and for collected earnings on the (2) Licensees that are ‘‘electric Reporting and recordkeeping decommissioning funds using up to a 2 utilities’’ under § 50.2 that use requirements. percent annual real rate of return up to prepayment or an external sinking fund For the reasons set out in the the time of permanent termination of to provide financial assurance shall preamble and under the authority of the operations. * * * include a provision in the terms of the Atomic Energy Act of 1954, as amended; * * * * * trust, escrow account, Government the Energy Reorganization Act of 1974, (h)(1) * * * fund, or other account used to segregate

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and manage funds that except for farmers and ranchers, and producers or DEPARTMENT OF TRANSPORTATION withdrawals being made under 10 CFR harvesters of aquatic products (YBS 50.82(a)(8) or for payments of ordinary farmers and ranchers or YBS). This Federal Aviation Administration administrative costs (including taxes) additional comment period will give and other incidental expenses of the interested parties more time to consider 14 CFR Part 71 fund (including legal, accounting, the issues raised in the proposed rule [Docket No. FAA–2003–16410; Airspace actuarial, and trustee expenses) in and respond. Docket No. 03–ACE–79] connection with the operation of the DATES: Please send your comments to fund, no disbursement or payment may the FCA by January 20, 2004. Proposed Establishment of Class E2 be made from the trust, escrow account, Airspace; and Modification of Class E5 Government fund, or other account used ADDRESSES: We encourage you to send Airspace; Hutchinson, KS to segregate and manage the funds until comments by electronic mail to ‘‘reg- written notice of the intention to make [email protected]’’ or through the Pending AGENCY: Federal Aviation a disbursement or payment has been Regulations section of FCA’s Web site, Administration (FAA), DOT. given the Director, Office of Nuclear ‘‘http://www.fca.gov.’’ You may also ACTION: Notice of proposed rulemaking. Reactor Regulation or the Director, send comments to S. Robert Coleman, SUMMARY: This notice proposes to create Office of Nuclear Material Safety and Director, Regulation and Policy a Class E surface area at Hutchinson, KS Safeguards, as applicable at least 30 Division, Office of Policy and Analysis, for those times when the air traffic working days before the date of the Farm Credit Administration, 1501 Farm control tower (ATCT) is closed. It also intended disbursement or payment. Credit Drive, McLean, Virginia 22102– proposes to modify the Class E5 *** 5090 or by facsimile to (703) 734–5784. airspace at Hutchinson, KS. * * * * * You may review copies of all comments (5) The provisions of paragraphs (h)(1) we receive at our office in McLean, DATES: Comments for inclusion in the through (h)(3) of this section do not Virginia. Rules Docket must be received on or before December 18, 2003. apply to any licensee that as of FOR FURTHER INFORMATION CONTACT: December 24, 2003, has existing license ADDRESSES: Send comments on this conditions relating to decommissioning Robert E. Donnelly, Senior Policy proposal to the Docket Management trust agreements, so long as the licensee Analyst, Office of Policy and System, U.S. Department of does not elect to amend those license Analysis, Farm Credit Administration, Transportation, Room Plaza 401, 400 conditions. If a licensee with existing McLean, VA 22102–5090, (703) 883– Seventh Street, SW., Washington, DC license conditions relating to 4498, TTY (703) 883–4434 20590–0001. You must identify the decommissioning trust agreements or docket number FAA–2003–16210/ elects to amend those conditions, the Wendy R. Laguarda, Senior Counsel, Airspace Docket No. 03–ACE–79, at the license amendment shall be in Office of General Counsel, Farm beginning of your comments. You may accordance with the provisions of Credit Administration, McLean, VA also submit comments on the Internet at paragraph (h) of this section. 22102–5090, (703) 883–4020, TTY http://dms.dot.gov. You may review the public docket containing the proposal, Dated at Rockville, Maryland, this 20th day (703) 883–4020. of October, 2003. any comments received, and any final SUPPLEMENTARY INFORMATION: On disposition in person in the Dockets For the Nuclear Regulatory Commission. September 15, 2003, we published a Office between 9 a.m. and 5 p.m., William D. Travers, proposed rule in the Federal Register Monday through Friday, except Federal Executive Director for Operations. seeking public comment on holidays. The Docket Office (telephone [FR Doc. 03–29021 Filed 11–19–03; 8:45 am] amendments to regulations governing 1–800–647–5527) is on the plaza level BILLING CODE 7590–01–P the System’s mission to provide sound of the Department of Transportation and constructive credit and services to NASSIF Building at the above address. young, beginning, and small farmers FOR FURTHER INFORMATION CONTACT: and ranchers, and producers or FARM CREDIT ADMINISTRATION Kathy Randolph, Air Traffic Division, harvesters of aquatic products. The Airspace Branch, ACE–520C, DOT 12 CFR Parts 614, 620, and 630 comment period expired on November Regional Headquarters Building, Federal 14, 2003. See 68 FR 53915, September RIN 3052–AC07 Aviation Administration, 901 Locust, 15, 2003. We have received a request Kansas City, MO 64106; telephone: that the FCA provide an additional 60 Loan Policies and Operations; (816) 329–2525. Disclosure to Shareholders; days to comment. In response to this SUPPLEMENTARY INFORMATION: Disclosure to Investors in Systemwide request, we are reopening the comment and Consolidated Bank Debt period until January 20, 2004, so all Comments Invited Obligations of the Farm Credit System interested parties have more time to respond. The FCA supports public Interested parties are invited to AGENCY: Farm Credit Administration. involvement and participation in its participate in this proposed rulemaking ACTION: Proposed rule; reopening of regulatory and policy process and by submitting such written data, views, comment period. invites all interested parties to review or arguments, as they may desire. and provide comments on the proposed Comments that provide the factual basis SUMMARY: The Farm Credit rule. supporting the views and suggestions Administration (FCA, agency, or we) is presented are particularly helpful in reopening the comment period on the Dated: November 14, 2003. developing reasoned regulatory proposed rule to amend the agency’s James M. Morris, decisions on the proposal. Comments regulations governing the Farm Credit Acting Secretary, Farm Credit Administration are specifically invited on the overall System’s (System) mission to provide Board. regulatory, aeronautical, economic, sound and constructive credit and [FR Doc. 03–28969 Filed 11–19–03; 8:45 am] environmental, and energy-related services to young, beginning, and small BILLING CODE 6705–01–P aspects of the proposal.

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Communications should identify both Directional Range (VOR)/Distance § 71.1 [Amended] docket numbers and be submitted in Measuring Equipment (DME) is 2. The incorporation by reference in triplicate to the address listed above. misidentified as a VHF Omni- 14 CFR 71.1 of Federal Aviation Commenters wishing the FAA to Directional range/Tactical Air Administration Order 7400.9L, Airspace acknowledge receipt of their comments Navigation (VORTAC). The location of Designation and Reporting Points, dated on this notice must submit with those the SALTT Outer Compass Locator comments a self-addressed, stamped (LOM) is erroneous. This proposal September 2, 2003, and effective postcard on which the following would correct these discrepancies. The September 16, 2003, is amended as statement is made: ‘‘Comments to areas would be depicted on appropriate follows: Docket No. FAA–2003–16410/Airspace aeronautical charts. Paragraph 6002 Class E Airspace Docket No. 03–ACE–79.’’ The postcard Class E airspace areas designated as Designated as Surface Areas. will be date/time stamped and returned surface areas are published in Paragraph * * * * * to the commenter. 6002 of FAA Order 7400.9L, dated ACE KS E2 Hutchinson, KS Availability of NPRM’s September 2, 2003, and effective September 16, 2003, which is Hutchinson Municipal Airport, KS An electronic copy of this document (Lat. 38°03′56″ N., long. 97°51′38″ W.) may be downloaded through the incorporated by reference in 14 CFR Internet at http://dms.dot.gov. Recently 71.1. Class E airspace areas extending Within a 4.3-mile radius of Hutchinson published rulemaking documents can upward from 700 feet or more above the Municipal Airport. This Class E airspace area also be accessed through the FAA’s Web surface of the earth are published in is effective during the specific dates and page at http://www.faa.gov or the Paragraph 6005 of the same Order. The times established in advance by a Notice to Superintendent of Document’s Web Class E airspace designations listed in Airmen. The effective date and time will page at http://www.access.gpo.gov/nara. this document would be published thereafter be continuously published in the Additionally, any person may obtain subsequently in the Order. Airport/Facility Directory. a copy of this notice by submitting a The FAA has determined that this * * * * * request to the Federal Aviation proposed regulation only involves an Paragraph 6005 Class E airspace areas Administration, Office of Air Traffic established body of technical extending upward from 700 feet or more Airspace Management, ATA–400, 800 regulations for which frequent and above the surface of the earth. Independence Avenue, SW., routine amendments are necessary to * * * * * Washington, DC 20591, or by calling keep them operationally current. It, (202) 267–8783. Communications must therefore, (1) is not a ‘‘significant ACE KS E5 Hutchinson, KS identify both docket numbers for this regulatory action’’ under Executive Hutchinson Municipal Airport, KS notice. Persons interested in being Order 12866; (2) is not a ‘‘significant (Lat. 38°03′56″ N.,97°51′38″ W.) placed on a mailing list for future rule’’ under DOT Regulatory Policies Hutchinson VOR/DME NPRM’s should contact the FAA’s and Procedures (44 FR 11034; February (Lat. 37°59′49″ N., long. 97°56′03″ W.) Office of Rulemaking (202) 267–9677, to 26, 1979); and (3) does not warrant SALTT LOM request a copy of Advisory Circular No. preparation of a Regulatory Evaluation (Lat. 38°07′25″ N., long. 97°55′37″ W.) 11–2A, Notice of Proposed Rulemaking as the anticipated impact is so minimal. Hutchinson ILS Localizer Distribution System, which describes Since this is a routine matter that will (Lat. 38°03′31″ N., long. 97°51′12″ W.) the application procedure. only affect air traffic procedures and air That airspace extending upward from 700 The Proposal navigation, it is certified that this rule, feet above the surface within a 6.8-mile when promulgated, will not have a radius of the Hutchinson Municipal Airport, This notice proposes to amend Part 71 significant economic impact on a of the Federal Aviation Regulations (14 and within 4 miles each side of the substantial number of small entities Hutchinson ILS localizer northwest course CFR Part 71) to establish Class E under the criteria of the Regulatory extending to 16 miles northwest of the airspace designated as a surface area for Flexibility Act. SALTT LOM, and within 4 miles each side an airport at Hutchinson, KS. Controlled of the ILS localizer back course extending airspace extending upward from the List of Subjects in 14 CFR Part 71 from the 6.8-mile radius to 7.4 miles surface of the earth is needed to contain southeast of the airport, and within 4 miles aircraft executing instrument approach Airspace, Incorporation by reference, Navigation (Air). each side of the Hutchinson VOR/DME 042° procedures. This airspace would be in radial extending from the 6.8-mile radius to effect during those times when the The Proposed Amendment 7.4 miles northeast of the airport, and within ATCT is closed. Weather observations 4 miles each side of the Hutchinson VOR/ would be provided by an Automated In consideration of the foregoing, the DME 222° radial extending from the 6.8-mile Surface Observing System (ASOS) and Federal Aviation Administration radius to 11.2 miles southwest of the airport. communications would be direct with proposes to amend 14 CFR part 71 as Wichita ATCT. follows: * * * * * This notice also proposes to revise the Issued in Kansas City, MO, on November Class E airspace area extending upward PART 71—DESIGNATION OF CLASS A, 3, 2003. from 700 feet above the surface at CLASS B, CLASS C, CLASS D, AND Paul J. Sheridan, CLASS E AIRSPACE AREAS; Hutchinson, KS. An examination of this Acting Manager, Air Traffic Division, Central Class E airspace area for Hutchinson, KS AIRWAYS; ROUTES; AND REPORTING POINTS Region. revealed a discrepancy in the identified [FR Doc. 03–29029 Filed 11–19–03; 8:45 am] type of one navigational aid and a discrepancy in the location of another 1. The authority citation for part 71 BILLING CODE 4910–13–M navigational aid serving Hutchinson continues to read as follows: Municipal Airport and used in the Class Authority: 49 U.S.C. 106(g); 40103, 40113, E airspace legal description. The 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– Hutchinson Very High Frequency Omni- 1963 Comp., p. 389.

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DEPARTMENT OF THE TREASURY Background Notice 98–20 (1998–1 C.B. 776), as Section 664 contains the rules for modified by Notice 99–17 (1999–1 C.B. Internal Revenue Service charitable remainder annuity trusts and 871), provides guidance on the charitable remainder unitrusts. In treatment of capital gains under section 26 CFR Part 1 general, a charitable remainder trust 664(b)(2) following the changes made by [REG–110896–98] provides for a specified periodic the TRA and the technical corrections distribution (CRT distribution) to one or made by the Internal Revenue Service RIN 1545–AW35 more beneficiaries (at least one of which Restructuring and Reform Act of 1998, is a noncharitable beneficiary) for life or Public Law 105–206 (112 Stat. 685). The Charitable Remainder Trusts; for a term of years, with an irrevocable proposed regulations incorporate this Application of Ordering Rule remainder interest held for the benefit of guidance as well as provide additional AGENCY: Internal Revenue Service (IRS), charity. guidance regarding the treatment of Treasury. Section 664(b) provides ordering rules qualified dividend income under for determining the character of CRT ACTION: Notice of proposed rulemaking section 664(b)(1). and notice of public hearing. distributions in the hands of the recipient of those distributions. A CRT Explanation of Provisions SUMMARY: This document contains distribution is treated: First, as ordinary The proposed regulations will amend income to the extent of the trust’s gross proposed regulations on the ordering § 1.664–1(d)(1) to revise the rules for income other than gains from the sale of rules of section 664(b) of the Internal characterizing a CRT distribution to take capital assets (‘‘ordinary income’’) for Revenue Code for characterizing into account differences in the Federal the trust’s taxable year and its distributions from charitable remainder income tax rates applicable to items of undistributed ordinary income for prior trusts. The proposed regulations reflect income that are assigned to the same changes made to income tax rates, years; second, as capital gain to the category under section 664(b). The including the rates applicable to capital extent of the trust’s capital gain for the trust’s income is assigned, in the year it gains and certain dividends, by the trust’s taxable year and its undistributed is required to be taken into account by Taxpayer Relief Act of 1997, the Internal capital gain for prior years; third, as Revenue Service Restructuring and other income (that is, tax-exempt the trust, to one of three categories: the Reform Act of 1998, and the Jobs and income) to the extent of the trust’s other ordinary income category, the capital Growth Tax Relief Reconciliation Act of income for the trust’s taxable year and gains category, or the other income 2003. The proposed regulations affect its undistributed other income for prior category. Further, within the ordinary charitable remainder trusts and their years; and, finally, as a distribution of income and capital gains categories, beneficiaries. This document also trust corpus. The general principle of items are also assigned to different provides notice of a public hearing on section 664(b) is that income subject to classes based on the Federal income tax these proposed regulations. the highest Federal income tax rate is rate applicable to each type of income DATES: Written or electronic comments deemed distributed prior to income in the category. In accordance with must be received Tuesday, February 17, subject to a lower (or no) Federal section 664(b), a CRT distribution is 2004. Outlines of topics to be discussed income tax rate. The existing regulations treated as being made from the at the public hearing scheduled for under ‘‘1.664–1(d)(1)(i)(b)(1) follow this categories in the following order: Tuesday, March 9, 2004, must be general principle by providing that ordinary income, capital gain, other received by Tuesday, February 17, 2004. short-term capital gain is deemed income, and trust corpus. Within the distributed prior to any long-term ordinary income and capital gains ADDRESSES: Send submissions to: capital gain. CC:PA:LPD:PR (REG–110896–98), room categories, income is treated as Beginning with the Taxpayer Relief distributed from the classes of income 5203, Internal Revenue Service, POB Act of 1997 (TRA), Public Law 105–34 7604, Ben Franklin Station, Washington, in that category beginning with the class (111 Stat. 788), different types of long- subject to the highest Federal income DC 20044. Submissions may be hand term capital gains are subject to delivered Monday through Friday tax rate and ending with the class different Federal income tax rates. The subject to the lowest Federal income tax between the hours of 8 a.m. and 4 p.m. different classes of long-term capital to: CC:PA:LPD:PR (REG–110896–98), rate. The proposed regulations also gains and losses properly taken into provide rules for netting different Courier’s Desk, Internal Revenue account by a charitable remainder trust Service, 1111 Constitution Avenue, classes of capital gains and losses based after May 6, 1997, may, for example, on the guidance in Notice 97–59 (1997– NW., Washington, DC. Alternatively, consist of 28-percent rate gain as 2 C.B. 309). taxpayers may submit comments defined in section 1(h)(4), unrecaptured electronically directly to the IRS section 1250 gain as defined in section Proposed Effective Date Internet site at www.irs.gov/regs. The 1(h)(6), and all other long-term capital public hearing will be held in the gains and losses. For taxable years The provisions in these regulations auditorium, Internal Revenue Building, beginning after December 31, 2002, the that were set forth in Notice 98–20 1111 Constitution Avenue, NW., Jobs and Growth Tax Relief (1998–1 C.B. 776) and Notice 99–17 Washington, DC. Reconciliation Act of 2003 (JGTRRA), (1999–1 C.B. 871) are proposed to apply FOR FURTHER INFORMATION CONTACT: Public Law 108–27 (117 Stat. 752), for taxable years ending on or after Concerning the proposed regulations, provides that qualified dividend income December 31, 1998, and taxpayers may Theresa M. Melchiorre, (202) 622–7830; as defined in section 1(h)(11) is taxed at rely on the provisions for taxable years concerning submissions of comments, the rates applicable to all other long- beginning on or after January 1, 1998. the hearing, and/or to be placed on the term capital gains. Because dividends The other provisions of these building access list to attend the represent one type of ordinary income, regulations are proposed to apply for hearing, Robin Jones, (202) 622–7180 different types of ordinary income are taxable years ending after [DATE OF (not toll-free numbers). subject to different Federal income tax PUBLICATION OF THIS DOCUMENT SUPPLEMENTARY INFORMATION: rates as a result of JGTRRA. IN THE Federal Register].

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Special Analyses comments and an outline of the topics gross income and other income, is It has been determined that this to be discussed and the time to be assigned to one of three categories in the proposed regulation is not a significant devoted to each topic by Tuesday, year in which it is required to be taken regulatory action as defined in February 17, 2004. A period of 10 into account by the trust. These Executive Order 12866. Therefore, a minutes will be allotted to each person categories are— regulatory assessment is not required. It for making comments. An agenda (1) Gross income, other than gains and also has been determined that section showing the scheduling of the speakers amounts treated as gains from the sale 553(b) of the Administrative Procedure will be prepared after the deadline for or other disposition of capital assets Act (5 U.S.C. chapter 5) does not apply receiving outlines has passed. Copies of (referred to as the ordinary income to these regulations and, because these the agenda will be available free of category); regulations do not impose on small charge at the hearing. (2) Gains and amounts treated as gains entities a collection of information Drafting Information from the sale or other disposition of requirement, the Regulatory Flexibility capital assets (referred to as the capital The principal author of these Act (5 U.S.C. chapter 6) does not apply. gains category); and regulations is Theresa M. Melchiorre, Therefore, a Regulatory Flexibility (3) Other income (including income Office of Chief Counsel, IRS. Other Analysis is not required. Pursuant to excluded under part III, subchapter B, personnel from the IRS and Treasury section 7805(f) of the Internal Revenue chapter 1, subtitle A of the Internal Department participated in their Code, this notice of proposed Revenue Code). development. rulemaking will be submitted to the (b) Items within the ordinary income Chief Counsel for Advocacy of the Small List of Subjects in 26 CFR Part 1 and capital gains categories are assigned to different classes based on the Federal Business Administration for comment Income taxes, Reporting and on its impact on small business. income tax rate applicable to each type recordkeeping requirements. of income in that category in the year Comments and Public Hearing Proposed Amendments to the the items are required to be taken into Before these proposed regulations are Regulations account by the trust. For example, the adopted as final regulations, Accordingly, 26 CFR part 1 is ordinary income category may include a consideration will be given to any proposed to be amended as follows: class of qualified dividend income as written (a signed original and eight (8) defined in section 1(h)(11) and a class copies) or electronic comments that are PART 1—INCOME TAXES of all other ordinary income. In submitted timely to the IRS. The IRS addition, the capital gains category may and Treasury Department specifically Paragraph 1. The authority for part 1 include separate classes for short-term request comments on the clarity of the continues to read in part as follows: capital gains and losses, for 28-percent proposed regulations and how they may Authority: 26 U.S.C. 7805 * * *. rate gain as defined in section 1(h)(4), for unrecaptured section 1250 gain as be made easier to understand. In Par. 2. Section 1.664–1 is amended as defined in section 1(h)(6), and for all addition, comments are requested on follows: other long-term capital gains and losses. the administrative difficulty and 1. Paragraph (d)(1) is revised. potential tax benefit or detriment of 2. Paragraph (d)(2) is amended by: After items are assigned to a class, the maintaining separate classes within a a. Removing the language ‘‘or to tax rates may change so that items in category when two classes are only corpus (determined under subparagraph two or more classes would be taxed at temporarily subject to the same rate (for (1)(i) of this paragraph)’’ in the first the same rate if distributed during a example, if the current rate applicable to sentence and adding ‘‘(determined particular year. If the changes to the tax one class sunsets in a future year). All under paragraph (d)(1)(i)(a) of this rates are permanent, the undistributed comments will be available for public section) or to corpus’’ in its place. items in those classes are combined into inspection and copying. b. Removing the language one class. If, however, the changes to A public hearing has been scheduled ‘‘subparagraph (1)(i)(c) of this the tax rates are only temporary (for for Tuesday, March 9, 2004 in the paragraph’’ from the fifth sentence and example, the new rate for one class will auditorium, Internal Revenue Building, adding ‘‘paragraph (d)(1)(i)(a)(3) of this sunset in a future year), the classes are 1111 Constitution Avenue, NW., section’’ in its place. kept separate. Washington, DC. Due to building c. Removing the language ‘‘or corpus (ii) Order of distributions. (a) The security procedures, visitors must use in the categories described in categories and classes of income the main building entrance on subparagraph (1) of this paragraph’’ (determined under paragraph (d)(1)(i) of Constitution Avenue. In addition, all from the last sentence and adding this section) are used to determine the visitors must present photo ‘‘described in paragraph (d)(1)(i)(a) of character of an annuity or unitrust identification to enter the building. this section or to corpus’’ in its place. distribution from the trust in the hands Because of access restrictions, visitors 3. Paragraph (e)(1) is amended by of the recipient irrespective of whether will not be admitted beyond the removing the language ‘‘paragraph the trust is exempt from taxation under immediate entrance area more than 30 (d)(1)’’ from the first sentence and section 664(c) for the year of the minutes before the hearing starts. For adding ‘‘paragraph (d)(1)(i)(a)’’ in its distribution. The determination of the more information about having your place. character of amounts distributed shall name placed on the list to attend the The revision reads as follows: be made as of the end of the taxable year hearing, see the FOR FURTHER of the trust. The recipient is taxed on INFORMATION CONTACT section of this § 1.664–1 Charitable remainder trusts. the distribution based on the tax rates preamble. * * * * * applicable in the year of the distribution The rules of 26 CFR 601.601(a)(3) (d) Treatment of annual distributions to the classes of income that are deemed apply to the hearing. Persons who wish to recipients—(1) Character of distributed from the trust. The character to present oral comments at the hearing distributions—(i) Assignment of income of the distribution in the hands of the must submit written (signed original to categories and classes. (a) A trust’s annuity or unitrust recipient is and eight (8) copies) or electronic income, including income includible in determined by treating the distribution

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as being made from each category in the (iii) Treatment of losses—(a) Ordinary (v) Carry forward of net capital gain following order: income category. An ordinary loss for or loss. If, at the end of a taxable year, (1) First, from ordinary income to the the current year is first used to reduce a trust has, after the application of extent of the sum of the trust’s ordinary undistributed ordinary income for prior paragraph (d)(1)(iv), any net loss or any income for the taxable year and its years that is assigned to the same class net gain that is not treated as distributed undistributed ordinary income for prior as the loss. Any excess loss is then used under paragraph (d)(1)(ii)(a)(2) of this years. to reduce the current and undistributed section, the net gain or loss is carried (2) Second, from capital gain to the ordinary income from other classes, in over to succeeding taxable years and extent of the trust’s capital gains turn, beginning with the class subject to retains its character in succeeding determined under paragraph (d)(1)(iv) of the highest Federal income tax rate and taxable years as gain or loss from its this section. ending with the class subject to the particular class. (3) Third, from other income to the lowest Federal income tax rate. If any of (vi) Special transitional rules. To be extent of the sum of the trust’s other the loss exists after all the current and eligible to be included in the class of income for the taxable year and its undistributed ordinary income from all qualified dividend income, dividends undistributed other income for prior classes has been offset, the excess is must meet the definition of section years. carried forward indefinitely to reduce 1(h)(11) and must be received by the (4) Finally, from trust corpus (with ordinary income for future years. For trust after December 31, 2002. Long- corpus defined for this purpose as the purposes of this section, the amount of term capital gain or loss properly taken net fair market value of the trust assets current income and prior years’ into account by the trust before January less the total undistributed income (but undistributed income shall be computed 1, 1997, is included in the class of all not loss) in paragraphs (d)(1)(i)(a)(1) without regard to the deduction for net other long-term capital gains and losses. through (3) of this section)). operating losses provided by sections Long-term capital gain or loss properly taken into account by the trust on or (b) If the trust has different classes of 172 or 642(d). after January 1, 1997, and before May 7, income in the ordinary income category, (b) Other income category. A loss in 1997, if not treated as distributed in the distribution from that category is the other income category for the 1997, is included in the class of all other treated as being made from each class, current year is used to reduce long-term capital gains and losses. Long- in turn, until exhaustion of the class, undistributed income in this category term capital gain or loss (other than 28- beginning with the class subject to the for prior years and any excess is carried percent rate gain as defined in section highest Federal income tax rate and forward indefinitely to reduce other 1(h)(4), unrecaptured section 1250 gain ending with the class subject to the income for future years. as defined in section 1(h)(6), and lowest Federal income tax rate. If the (iv) Netting of capital gains and qualified 5-year gain as defined in trust has different classes of net gain in losses. Capital gains of the trust are section 1(h)(9) prior to its amendment the capital gains category, the determined on a cumulative net basis by the Jobs and Growth Tax Relief distribution from that category is treated under the rules of this paragraph (d)(1) Reconciliation Act of 2003, Public Law as being made first from the short-term without regard to the provisions of 108–27 (117 Stat. 752)), properly taken capital gain class and then from each section 1212. For each taxable year, into account by the trust on or after class of long-term capital gain, in turn, current and undistributed gains and January 1, 2003, and before May 6, 2003, until exhaustion of the class, beginning losses within each class are netted to if not treated as distributed during 2003, with the class subject to the highest determine the net gain or loss for that is included in the class of all other long- Federal income tax rate and ending with class, and the classes of capital gains term capital gains and losses. Qualified the class subject to the lowest rate. If and losses are then netted against each 5-year gain properly taken into account two or more classes within the same other in the following order. A net loss by the trust after December 31, 2000, category are subject to the same current from the class of short-term capital gain and before May 6, 2003, if not treated tax rate, but at least one of those classes and loss offsets the net gain from each as distributed by the trust in 2003 or a will be subject to a different tax rate in class of long-term capital gain and loss, prior year, must be maintained in a a future year (for example, if the current in turn, until exhaustion of the class, separate class within the capital gains rate sunsets), the order of that class in beginning with the class subject to the category. relation to other classes in the category highest Federal income tax rate and (vii) Application of section 643(a)(7). with the same current tax rate is ending with the class subject to the For application of the anti-abuse rule of determined based on the future rate or lowest Federal income tax rate. A net section 643(a)(7) to distributions from rates applicable to those classes. Within loss from a class of long-term capital charitable remainder trusts, see each category, if there is more than one gain and loss (beginning with the class § 1.643(a)–8. type of income in a class, amounts subject to the highest Federal income (viii) Examples. The following treated as distributed from that class are tax rate and ending with the class examples illustrate the rules in this to be treated as consisting of the same subject to the lowest rate) is used to paragraph (d)(1): proportion of each type of income as the offset net gain from each other class of total of the current and undistributed long-term capital gain and loss, in turn, Example 1. (i) X, a charitable remainder annuity trust described in section 664(d)(1), income of that type bears to the total of until exhaustion of the class, beginning is created on January 1, 2003. The annual the current and undistributed income of with the class subject to the highest annuity amount is $100. X’s income for the all types of income included in that Federal income tax rate and ending with 2003 tax year is as follows: class. For example, if rental income and the class subject to the lowest rate. A net interest income are subject to the same loss from all the classes of long-term Interest income ...... $80 Qualified dividend income ...... 50 current and future Federal income tax capital gain and loss (beginning with the Capital gains and losses ...... 0 rate and therefore are in the same class, class subject to the highest Federal Tax-exempt income ...... 0 a distribution from that class will be income tax rate and ending with the treated as consisting of a proportional class subject to the lowest rate) offsets (ii) In 2003, the year this income is amount of rental income and interest any net gain from the class of short-term received by the trust, qualified dividend income. capital gain and loss. income is subject to a different rate of

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Federal income tax than interest income ending with the class subject to the 2005 are carried forward to 2006 as and is, therefore, a separate class of lowest rate. In the hands of the gains in their respective classes. income in the ordinary income category. recipient, the 2004 annuity amount has (ix) Effective dates. The rules in this The annuity amount is deemed to be the following characteristics: paragraph (d)(1) that require long-term distributed from the classes within the capital gains to be distributed in the ordinary income category, beginning Interest income ...... $5 Qualified dividend income ...... 40 following order: first, 28-percent rate with the class subject to the highest Net short-term capital gain ...... 15 gain as defined in section 1(h)(4); Federal income tax rate and ending with Net long-term capital gain in all second, unrecaptured section 1250 gain the class subject to the lowest rate. other long-term capital gain class 40 as described in section 1(h)(6); and then, Because during 2003 qualified dividend all other long-term capital gains are income is taxed at a lower rate than (iii) The remaining $160 gain in the applicable for taxable years ending on or interest income, the interest income is all other long-term capital gain class after December 31, 1998. The rules in deemed distributed prior to the that is not treated as distributed to the this paragraph (d)(1) that provide for the qualified dividend income. Therefore, recipient in 2004 is carried forward to netting of capital gains and losses are in the hands of the recipient, the 2003 2005 as gain in that same class. applicable for taxable years ending on or annuity amount has the following Example 3. (i) The facts are the same as in after December 31, 1998. The rule in the characteristics: Examples 1 and 2, and at the end of 2005, second sentence of paragraph (d)(1)(vi) X has the following classes of income: Interest income ...... $80 of this section is applicable for taxable Qualified dividend income ...... 20 Interest income class ...... $5 years ending on or after December 31, Qualified dividend income class ...... 20 1998. The rule in the third sentence of (iii) The remaining $30 of qualified Net short-term capital loss class ...... (50) paragraph (d)(1)(vi) of this section is dividend income that is not treated as Net long-term capital gain in 28-per- applicable for distributions made in distributed to the recipient in 2003 is cent rate class ...... 10 taxable years ending on or after Net long-term capital gain in December 31, 1998. All other provisions carried forward to 2004 as undistributed unrecaptured section 1250 gain qualified dividend income. class ...... 135 of paragraph (d)(1) are applicable for Example 2. (i) The facts are the same as in Net long-term capital gain in all taxable years ending after November 20, Example 1, and at the end of 2004, X has the other long-term capital gain class 2003. following classes of income: (carried forward from 2004) ...... 160 * * * * * Interest income class ...... $5 Mark E. Matthews, Qualified dividend income class ...... 40 (ii) Net short-term capital loss is used Deputy Commissioner for Services and ($10 from 2004 and $30 carried to offset the net capital gains in the Enforcement. forward from 2003) classes of long-term capital gain and Net short-term capital gain class ...... 15 loss, in turn, until exhaustion of the [FR Doc. 03–29042 Filed 11–19–03; 8:45 am] Net long-term capital loss in 28-per- class, beginning with the class subject to BILLING CODE 4830–01–P cent rate class ...... (325) the highest Federal income tax rate and Net long-term capital gain in ending with the class subject to the unrecaptured section 1250 gain lowest rate. The $50 net loss reduces the DEPARTMENT OF THE INTERIOR class ...... 175 $10 net gain in the 28-percent rate class Net long-term capital gain in all Office of Surface Mining Reclamation other long-term capital gain class 350 to $0. The remaining $40 net loss reduces the $135 net gain in the and Enforcement (ii) In 2004, gain in the unrecaptured unrecaptured section 1250 gain class to 30 CFR Part 906 section 1250 gain class is subject to a $95. As in Examples 1 and 2, during 25-percent Federal income tax rate, and 2005, qualified dividend income is [CO–033–FOR] gain in the all other long-term capital taxed at a lower rate than interest gain class is subject to a lower rate. The income; gain in the unrecaptured Colorado Regulatory Program section 1250 gain class is taxed at 25- net long-term capital loss in the 28- AGENCY: Office of Surface Mining percent rate class is used to offset the percent; and gain in the all other long- Reclamation and Enforcement, Interior. term capital gain class is taxed at a rate net capital gains in the other classes of ACTION: Proposed rule; reopening and lower than 25-percent. The annuity long-term capital gain and loss, extension of public comment period on amount is deemed to be distributed beginning with the class subject to the proposed amendment. highest Federal income tax rate and from all the classes in the ordinary ending with the class subject to the income category and then from the SUMMARY: We are announcing receipt of lowest rate. The $325 net loss in the 28- classes in the capital gains category, revisions pertaining to a previously- percent rate class reduces the $175 net beginning with the class subject to the proposed amendment to the Colorado gain in the unrecaptured section 1250 highest Federal income tax rate and regulatory program (hereinafter, the gain class to $0. The remaining $150 ending with the class subject to the ‘‘Colorado program’’) under the Surface loss from the 28-percent rate class lowest rate. In the hands of the Mining Control and Reclamation Act of reduces the $350 gain in the all other recipient, the 2005 annuity amount has 1977 (SMCRA or the Act). Colorado long-term capital gain class to $200. As the following characteristics: proposes revisions to require a weed in Example 1, qualified dividend Interest income ...... $5 management plan as part of the permit income is taxed at a lower rate than Qualified dividend income ...... 20 application, and as part of the Cropland interest income during 2004. The Unrecaptured section 1250 gain ...... 75 revegetation success criteria, to not annuity amount is deemed to be consider crop production prior to year distributed from all the classes in the (iii) The remaining $20 gain in the nine of the liability cycle (or with ordinary income category and then from unrecaptured section 1250 gain class respect to annual grain crops for which the classes in the capital gains category, and the $160 gain in the all other long- the cropping cycle may incorporate a beginning with the class subject to the term capital gain class that are not summer fallow year, two of the last four highest Federal income tax rate and treated as distributed to the recipient in cropping years will be considered).

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DATES: We will accept written II. Proposed Amendment administrative record any comments comments on this amendment until 4 By letter dated March 27, 2003, received after the time indicated under p.m., m.d.t., December 5, 2003. Colorado sent us a proposed DATES or at locations other than the ADDRESSES: You should mail written amendment to its program (SATS No. Denver Field Division. comments and requests to speak at the CO–033–FOR, administrative record Electronic Comments hearing to James F. Fulton at the address number CO–696–1) under SMCRA (30 Please submit Internet comments as listed below. U.S.C. 1201 et seq.). Colorado sent the an ASCII file avoiding the use of special You may review copies of the proposed amendment in response to the characters and any form of encryption. letters that we sent it in accordance with Colorado program, this amendment, a Please also include ‘‘Attn: SATS No. 30 CFR 732.17(c) on May 7, 1986; on listing of any scheduled public hearings, CO–033–FOR’’ and your name and June 9, 1987; and on March 22, 1990. and all written comments received in return address in your Internet message. The amendment concerns prime response to this document at the If you do not receive a confirmation that farmland, revegetation, hydrology, addresses listed below during normal we have received your Internet message, enforcement, topsoil, historic business hours, Monday through Friday, contact the Denver Field Division at properties, and bond release excluding holidays. You may receive 303/844–1400, ext. 1441. one free copy of the amendment by requirements. contacting Office of Surface Mining On April 4, 2003, Colorado sent us an Availability of Comments Reclamation and Enforcement’s (OSM) addition to its March 27, 2003, program We will make comments, including Denver Field Division. amendment which amended Rule names and addresses of respondents, 4.15.8(3)(a), Revegetation Success James F. Fulton, Chief, Denver Field available for public review during Criteria. Division, Office of Surface Mining normal business hours. We will not We announced receipt of the March Reclamation and Enforcement, PO consider anonymous comments. If 27, 2003, proposed amendment and its Box 46667, Denver, CO 80201–6667. individual respondents request April 4, 2003, addition in the June 3, David A. Berry, Coal Program confidentiality, we will honor their 2003, Federal Register (68 FR 33032), request to the extent allowable by law. Supervisor, Colorado Division of provided an opportunity for a public Minerals and Geology, 1313 Sherman Individual respondents who wish to hearing or meeting on its substantive withhold their name or address from Street Room 215, Denver, Colorado adequacy, and invited public comment 80203, Telephone: 303/866–3873. public review, except for the city or on its adequacy. Because no one town, must state this prominently at the FOR FURTHER INFORMATION CONTACT: requested a public hearing or meeting, beginning of their comments. We will James F. Fulton, Telephone: 303/844– none was held. The public comment make all submissions from 1400 ext. 1424, Internet address: period ended on July 3, 2003. We organizations or businesses, and from [email protected]. received comments from one Federal individuals identifying themselves as SUPPLEMENTARY INFORMATION: agency. representatives or officials of Colorado now proposes, in its July 23, I. Background on the Colorado Program organizations or businesses, available 2003, submittal, revisions to Rule for public review in their entirety. II. Description of the Proposed Amendment 4.15.1, Weed Management Plan; Rule III. Public Comment Procedures VI. Procedural Determinations IV. Procedural Determinations 4.15.9, Revegetation Success Criteria: Cropland; and Rule 1.04(78), Definition Executive Order 12630—Takings I. Background on the Colorado Program of Noxious Weeds. Specifically, (1) Rule 4.15.1 requires a weed management This rule does not have takings Section 503(a) of the Act permits a implications. This determination is State to assume primacy for the plan be submitted with the surface coal mining permit application; (2) In Rule based on the analysis performed for the regulation of surface coal mining and counterpart Federal regulation. reclamation operations on non-Federal 1.04(78), the definition is amended to and non-Indian lands within its borders read ‘‘noxious weeds’’ rather than Executive Order 12866—Regulatory by demonstrating that its State program ‘‘noxious plants;’’ and (3) Rule 4.15.9, Planning and Review ‘‘Revegetation Success Criteria: includes, among other things, ‘‘a State This rule is exempted from review by Cropland,’’ is amended to read ‘‘crop law which provides for the regulation of the Office of Management and Budget production from the mined area shall surface coal mining and reclamation (OMB) under Executive Order 12866 not be less than that of the liability operations in accordance with the (Regulatory Planning and Review). requirements of this Act * * *; and period * * *,’’ and ‘‘Crop production rules and regulations consistent with shall not be considered prior to year Executive Order 12988—Civil Justice regulations issued by the Secretary nine of the liability period. With respect Reform pursuant to this Act.’’ See 30 U.S.C. to annual grain crops for which the The Department of the Interior has 1253(a)(1) and (7). On the basis of these cropping cycle may incorporate a conducted the reviews required by criteria, the Secretary of the Interior summer fallow year, two of the last four section 3 of Executive Order 12988 and conditionally approved the Colorado cropping years will be considered.’’ has determined that this rule meets the program on December 15, 1980. You can III. Public Comment Procedures applicable standards of subsections (a) find background information on the and (b) of that section. However, these Colorado program, including the Written Comments standards are not applicable to the Secretary’s findings, the disposition of Send your written comments to OSM actual language of State regulatory comments, and the conditions of at the address given above. Your written programs and program amendments approval of the Colorado program in the comments should be specific, pertain because each program is drafted and December 15, 1980, Federal Register (45 only to the issues proposed in this promulgated by a specific State, not by FR 82173). You can also find later rulemaking, and include explanations in OSM. Under sections 503 and 505 of actions concerning Colorado’s program support of your recommendations. In SMCRA (30 U.S.C. 1253 and 1255) and and program amendments at 30 CFR the final rulemaking, we will not the Federal regulations at 30 CFR 906.15, 906.16, and 906.30. necessarily consider or include in the 730.11, 732.15, and 732.17(h)(10),

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decisions on proposed State regulatory National Environmental Policy Act of $100 million or more in any given programs and program amendments This rule does not require an year. This determination is based upon submitted by the States must be based environmental impact statement the fact that the State submittal, which solely on a determination of whether the because section 702(d) of SMCRA (30 is the subject of this rule, is based upon submittal is consistent with SMCRA and U.S.C. 1292(d)) provides that agency counterpart Federal regulations for its implementing Federal regulations decisions on proposed State regulatory which an analysis was prepared and a and whether the other requirements of program provisions do not constitute determination made that the Federal 30 CFR parts 730, 731, and 732 have major Federal actions within the regulation did not impose an unfunded been met. meaning of section 102(2)(C) of the mandate. National Environmental Policy Act (42 List of Subjects in 30 CFR Part 906 Executive Order 13132—Federalism U.S.C. 4332(2)(C)). Intergovernmental relations, Surface This rule does not have federalism Paperwork Reduction Act mining, Underground mining. implications. SMCRA delineates the This rule does not contain Dated: October 24, 2003. roles of the Federal and State information collection requirements that Peter A. Rutledge, governments with regard to the require approval by OMB under the Acting Regional Director, Western Regional regulation of surface coal mining and Paperwork Reduction Act (44 U.S.C. Coordinating Center. reclamation operations. One of the 3507 et seq.). [FR Doc. 03–28996 Filed 11–19–03; 8:45 am] purposes of SMCRA is to ‘‘establish a BILLING CODE 4310–05–P nationwide program to protect society Regulatory Flexibility Act and the environment from the adverse The Department of the Interior effects of surface coal mining certifies that this rule will not have a DEPARTMENT OF THE INTERIOR operations.’’ Section 503(a)(1) of significant economic impact on a SMCRA requires that State laws substantial number of small entities Office of Surface Mining Reclamation regulating surface coal mining and under the Regulatory Flexibility Act (5 and Enforcement reclamation operations be ‘‘in U.S.C. 601 et seq.). The State submittal, accordance with’’ the requirements of which is the subject of this rule, is based 30 CFR Part 917 upon counterpart Federal regulations for SMCRA, and section 503(a)(7) requires [KY–246–FOR] that State programs contain rules and which an economic analysis was regulations ‘‘consistent with’’ prepared and certification made that Kentucky Regulatory Program regulations issued by the Secretary such regulations would not have a AGENCY: Office of Surface Mining pursuant to SMCRA. significant economic effect upon a substantial number of small entities. In Reclamation and Enforcement (OSM), Executive Order 13175—Consultation making the determination as to whether Interior. and Coordination With Indian Tribal this rule would have a significant ACTION: Proposed rule; public comment Governments economic impact, the Department relied period and opportunity for public upon the data and assumptions for the hearing on proposed amendment. In accordance with Executive Order counterpart Federal regulations. 13175, we have evaluated the potential SUMMARY: We are announcing receipt of effects of this rule on Federally- Small Business Regulatory Enforcement a proposed amendment to the Kentucky recognized Indian Tribes and have Fairness Act regulatory program (the ‘‘Kentucky determined that the rule does not have This rule is not a major rule under 5 program’’) under the Surface Mining substantial direct effects on one or more U.S.C. 804(2), the Small Business Control and Reclamation Act of 1977 Indian Tribes, on the relationship Regulatory Enforcement Fairness Act. (SMCRA or the Act). Kentucky is between the Federal government and This rule: a. does not have an annual revising its definition of ‘‘affected area’’ Indian Tribes, or on the distribution of effect on the economy of $100 million; to be consistent with the corresponding power and responsibilities between the b. will not cause a major increase in Federal regulations. This document gives the times and Federal government and Indian Tribes. costs or prices for consumers, locations that the Kentucky program The rule does not involve or affect individual industries, Federal, State, or and proposed amendment to that Indian Tribes in any way. local government agencies, or geographic regions; and c. does not have program are available for your Executive Order 13211—Regulations significant adverse effects on inspection, the comment period during That Significantly Affect the Supply, competition, employment, investment, which you may submit written Distribution, or Use of Energy productivity, innovation, or the ability comments on the amendment, and the of U.S.-based enterprises to compete procedures that we will follow for the On May 18, 2001, the President issued with foreign-based enterprises. public hearing, if one is requested. Executive Order 13211 which requires This determination is based upon the DATES: We will accept written agencies to prepare a Statement of fact that the State submittal which is the comments on this amendment until 4 Energy Effects for a rule that is (1) subject of this rule is based upon p.m., e.s.t., December 22, 2003. If considered significant under Executive counterpart Federal regulations for requested, we will hold a public hearing Order 12866, and (2) likely to have a which an analysis was prepared and a on the amendment on December 15, significant adverse effect on the supply, determination made that the Federal 2003. We will accept requests to speak distribution, or use of energy. Because regulation was not considered a major until 4 p.m., e.s.t., on December 5, 2003. this rule is exempt from review under rule. ADDRESSES: You should mail or hand Executive Order 12866 and is not deliver written comments and requests expected to have a significant adverse Unfunded Mandates to speak at the hearing to William J. effect on the supply, distribution, or use This rule will not impose an Kovacic at the address listed below. of energy, a Statement of Energy Effects unfunded mandate on State, local, or You may review copies of the is not required. tribal governments or the private sector Kentucky program, this amendment, a

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listing of any scheduled public hearings, Kentucky is proposing to revise its KY–246’’ and your name and return and all written comments received in definition of ‘‘affected area’’ as it relates address in your Internet message. If you response to this document at the to public roads at 405 Kentucky do not receive a confirmation that we addresses listed below during normal Administrative Regulations (KAR) have received your Internet message, business hours, Monday through Friday, 7:001, 8:001, 10:001, 12:001, 16:001, contact the Lexington Field Office at excluding holidays. You may receive 18:001, 20:001, and 24:001. The revision (859) 260–8400. specifies that the affected area will one free copy of the amendment by Availability of Comments contacting OSM’s Lexington Field include every road used for the Office. purposes of access to, or for hauling coal We will make comments, including William J. Kovacic, Lexington Field to or from, surface coal mining and names and addresses of respondents, Office, Office of Surface Mining reclamation operations, unless the road available for public review during Reclamation and Enforcement, 2675 ‘‘is a state, county, or public road and normal business hours. We will not Regency Road, Lexington, Kentucky the road is in existence as of the date of consider anonymous comments. If 40503, Telephone: (859) 260–8400. E- the submittal of the preliminary individual respondents request mail: [email protected]. application under 405 KAR 8:010 confidentiality, we will honor their Department for Surface Mining Section 4.’’ This replaces the current request to the extent allowable by law. Reclamation and Enforcement, 2 language, which Kentucky proposes to Individual respondents who wish to Hudson Hollow Complex, Frankfort, delete, that includes every road in the withhold their name or address from Kentucky 40601, Telephone: (502) affected area except those: designated as public review, except for the city or 564–6940. a public road pursuant to jurisdictional town, must state this prominently at the beginning of their comments. We will FOR FURTHER INFORMATION CONTACT: laws where the road is located; make all submissions from William J. Kovacic, Telephone: (859) maintained with public funds and constructed in a similar manner to other organizations or businesses, and from 260–8400. Internet: individuals identifying themselves as [email protected]. public roads of the same classification in the area; and, those with substantial representatives or officials of SUPPLEMENTARY INFORMATION: public use. In the Regulatory Impact organizations or businesses, available I. Background on the Kentucky Program Analysis that accompanied the for public review in their entirety. II. Description of the Proposed Amendment submission, Kentucky states that the Public Hearing III. Public Comment Procedures amendment is necessary to clarify and If you wish to speak at the public IV. Procedural Determinations simplify the definition of ‘‘affected hearing, contact the person listed under area’’ as it relates to roads and to I. Background on the Kentucky FOR FURTHER INFORMATION CONTACT by 4 ‘‘eliminate confusion that has existed Program p.m., e.s.t. on December 5, 2003. If you since the Federal definition of ‘‘affected Section 503(a) of the Act permits a are disabled and need special area’’ was suspended on November 20, State to assume primacy for the accommodations to attend a public 1986, ‘‘insofar as it excludes roads regulation of surface coal mining and hearing, contact the person listed under which are within the definition of reclamation operations on non-Federal FOR FURTHER INFORMATION CONTACT. We surface coal mining operations’.’’ and non-Indian lands within its borders The full text of the program will arrange the location and time of the by demonstrating that its program amendment is available for you to read hearing with those persons requesting includes, among other things, a State at the locations listed under ADDRESSES. the hearing. If no one requests an law which provides for the regulation of opportunity to speak, we will not hold surface coal mining and reclamation III. Public Comment Procedures the hearing. To assist the transcriber and operations in accordance with the Under the provisions of 30 CFR ensure an accurate record, we request, if requirements of the Act and rules and 732.17(h), we are seeking your possible, that each person who speaks at regulations consistent with regulations comments on whether the amendment a public hearing provide us with a issued by the Secretary pursuant to the satisfies the applicable program written copy of his or her comments. Act. See 30 U.S.C. 1253(a)(1) and (7). On approval criteria of 30 CFR 732.15. If we The public hearing will continue on the the basis of these criteria, the Secretary approve the amendment, it will become specified date until everyone scheduled of the Interior conditionally approved part of the State program. to speak has been given an opportunity the Kentucky program on May 18, 1982. to be heard. If you are in the audience You can find background information Written Comments and have not been scheduled to speak on the Kentucky program, including the Send your written comments to OSM and wish to do so, you will be allowed Secretary’s findings, the disposition of at the address given above. Your written to speak after those who have been comments, and conditions of approval comments should be specific, pertain scheduled. We will end the hearing after of the Kentucky program in the May 18, only to the issues proposed in this everyone scheduled to speak and others 1982, Federal Register (47 FR 21434). rulemaking, and include explanations in present in the audience who wish to You can also find later actions support of your recommendations. In speak, have been heard. If you are concerning Kentucky’s program and the final rulemaking, we will not disabled and need a special program amendments at 30 CFR 917.11, necessarily consider or include in the accommodation to attend a public 917.12, 917.13, 917.15, 917.16, and administrative record any comments hearing, contact the person listed under 917.17. received after the time indicated under FOR FURTHER INFORMATION CONTACT. DATES or at locations other than the II. Description of the Proposed Public Meeting Lexington Field Office. Amendment If only one person requests an By letter dated September 30, 2003, Electronic Comments opportunity to speak, we may hold a Kentucky sent us a proposed Please submit Internet comments as public meeting rather than a public amendment to its program ([KY–246], an ASCII file avoiding the use of special hearing. If you wish to meet with us to administrative record No. KY–1601) characters and any form of encryption. discuss the amendment, please request under SMCRA (30 U.S.C. 1201 et seq.). Please also include ‘‘Attn: SATS No. a meeting by contacting the person

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listed under FOR FURTHER INFORMATION regulations issued by the Secretary which an economic analysis was CONTACT. All such meetings are open to pursuant to SMCRA. prepared and certification made that the public and, if possible, we will post Executive Order 13175—Consultation such regulations would not have a notices of meetings at the locations and Coordination With Indian Tribal significant economic effect upon a listed under ADDRESSES. We will make Governments substantial number of small entities. a written summary of each meeting a Accordingly, this rule will ensure that part of the administrative record. In accordance with Executive Order existing requirements previously 13175, we have evaluated the potential promulgated by OSM will be V. Procedural Determinations effects of this rule on Federally- implemented by the State. In making the recognized Indian tribes and have Executive Order 12630—Takings determination as to whether this rule determined that the rule does not have This rule does not have takings substantial direct effects on one or more would have a significant economic implications. This determination is Indian tribes, on the relationship impact, the Department relied upon the based on the analysis performed for the between the Federal Government and data and assumptions for the counterpart Federal regulations. Indian Tribes, or on the distribution of counterpart Federal regulations. Executive Order 12866—Regulatory power and responsibilities between the Small Business Regulatory Enforcement Planning and Review Federal Government and Indian Tribes. Fairness Act The basis for this determination is that This rule is exempted from review by our decision is on a State regulatory This rule is not a major rule under 5 the Office of Management and Budget program and does not involve a Federal U.S.C.804(2), the Small Business (OMB) under Executive Order 12866. program involving Indian Tribes. Regulatory Enforcement Fairness Act. Executive Order 12988—Civil Justice Executive Order 13211—Regulations This rule: (a) Does not have an annual Reform That Significantly Affect the Supply, effect on the economy of $100 million; The Department of the Interior has Distribution, or Use of Energy (b) Will not cause a major increase in costs or prices for consumers, conducted the reviews required by On May 18, 2001, the President issued individual industries, geographic section 3 of Executive Order 12988 and Executive Order 13211 which requires regions, or Federal, State or local has determined that, to the extent agencies to prepare a Statement of governmental agencies; and (c) Does not allowable by law, this rule meets the Energy Effects for a rule that is (1) applicable standards of subsections (a) considered significant under Executive have significant adverse effects on and (b) of that section. However, these Order 12866, and (2) likely to have a competition, employment, investment, standards are not applicable to the significant adverse effect on the supply, productivity, innovation, or the ability actual language of State regulatory distribution, or use of energy. Because of U.S.-based enterprises to compete programs and program amendments this rule is exempt from review under with foreign-based enterprises. This since each such program is drafted and Executive Order 12866 and is not determination is based upon the fact promulgated by a specific State, not by expected to have a significant adverse that the State submittal, which is the OSM. Under sections 503 and 505 of effect on the supply, distribution, or use subject of this rule, is based upon SMCRA (30 U.S.C. 1253 and 1255) and of energy, a Statement of Energy Effects counterpart Federal regulations for the Federal regulations at 30 CFR is not required. which an analysis was prepared and a 730.11, 732.15, and 732.17(h)(10), determination made that the Federal National Environmental Policy Act decisions on proposed State regulatory regulation was not considered a major programs and program amendments Section 702(d) of SMCRA (30 U.S.C. rule. submitted by the States must be based 1292(d)) provides that a decision on a solely on a determination of whether the proposed State regulatory program Unfunded Mandates submittal is consistent with SMCRA and provision does not constitute a major This rule will not impose an its implementing Federal regulations Federal action within the meaning of and whether the other requirements of section 102(2)(C) of the National unfunded mandate on a State, local, or 30 CFR parts 730, 731, and 732 have Environmental Policy Act (42 U.S.C. tribal governments or the private sector been met. 4332(2)(C)). A determination has been of $100 million or more in any given year. This determination is based on the Executive Order 13132—Federalism made that such decisions are categorically excluded from the NEPA fact that the State submittal, which is This rule does not have Federalism process (516 DM 8.4.A). the subject of this rule, is based on implications. SMCRA delineates the counterpart Federal regulations for roles of the Federal and State Paperwork Reduction Act which an analysis was prepared and a governments with regard to the This rule does not contain determination made that the Federal regulation of surface coal mining and information collection requirements that regulation did not impose an unfunded reclamation operations. One of the require approval by OMB under the mandate. purposes of SMCRA is to ‘‘establish a Paperwork Reduction Act (44 U.S.C. nationwide program to protect society 3507 et seq.). List of Subjects in 30 CFR Part 917 and the environment from the adverse effects of surface coal mining Regulatory Flexibility Act Intergovernmental relations, Surface operations.’’ Section 503(a)(1) of The Department of the Interior has mining, Underground mining. SMCRA requires that State laws determined that this rule will not have Dated: October 22, 2003. regulating surface coal mining and a significant economic impact on a Brent Wahlquist, reclamation operations be ‘‘in substantial number of small entities Regional Director, Appalachian Regional accordance with’’ the requirements of under the Regulatory Flexibility Act (5 Coordinating Center. SMCRA. Section 503(a)(7) requires that U.S.C. 601 et seq.). The State submittal [FR Doc. 03–28997 Filed 11–19–03; 8:45 am] State programs contain rules and that is the subject of this rule is based regulations ‘‘consistent with’’ upon counterpart Federal regulations for BILLING CODE 4310–05–P

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DEPARTMENT OF HOMELAND applies, and give the reason for each Discussion of Proposed Rule SECURITY comment. Please submit all comments The proposed security zone includes and related material in an unbound all waters of the Atlantic Ocean between Coast Guard 1 format, no larger than 8 ⁄2 by 11 inches, the Ambrose to Hudson Canyon Traffic suitable for copying. If you would like Lane and the Barnegat to Ambrose 33 CFR Part 165 to know that your submission reached Traffic Lane bound by the following [CGD01–03–020] us, please enclose a stamped, self- points: 40°21′29.9″ N, 073°44′41.0″ W, addressed postcard or envelope. We will thence to 40°21′04.5″ N, 073°45′31.4″ W, RIN 1625–AA00 consider all comments and material thence to 40°15′28.3″ N, 073°44′13.8″ W, received during the comment period. ° ′ ″ ° ′ ″ Safety and Security Zones; New York thence to 40 15 35.4 N, 073 43 29.8 W, We may change this proposed rule in thence to 40°19′21.2″ N, 073°42′53.0″ W, Marine Inspection Zone and Captain of view of them. the Port Zone thence to the point of origin. The Public Meeting proposed security zone would prevent AGENCY: Coast Guard, DHS. vessels from transiting a portion of the ACTION: Notice of proposed rulemaking. We do not now plan to hold a public Atlantic Ocean and is needed to protect meeting. But you may submit a request vessel operators from the hazards SUMMARY: The Coast Guard proposes to for a meeting by writing to the associated with emergency situations establish a permanent security zone in Waterways Oversight Branch at the onboard vessels that are not authorized the Atlantic Ocean west of the Ambrose address under ADDRESSES explaining within the Port of New York/New Jersey to Hudson Canyon Traffic Lane for high why one would be beneficial. If we due to conditions that may be dangerous interest vessels during emergency determine that one would aid this to the Port and the local population. situations. This action is necessary to rulemaking, we will hold one at a time Marine traffic would still be able to protect the Port of New York/New Jersey and place announced by a separate transit around the security zone when it against terrorism, sabotage or other notice in the Federal Register. is activated via already established subversive acts and incidents of a traffic separation schemes. In cases of Background and Purpose similar nature during emergency emergency, vessels transiting in the situations onboard high interest vessels. The Coast Guard proposes to establish traffic separation scheme traffic lanes This action is intended to restrict vessel a permanent security zone between the adjacent to the security zone would be traffic in a portion of the Atlantic Ambrose to Hudson Canyon Traffic authorized to enter the adjacent Ocean. Lane and the Barnegat to Ambrose separation zone between traffic lanes to DATES: Comments and related material Traffic Lane bound by the following avoid immediate danger. The Captain of must reach the Coast Guard on or before points: 40°21′29.9″ N, 073°44′41.0″ W, the Port does not anticipate any negative January 20, 2004. thence to 40°21′04.5″ N, 073°45′31.4″ W, impact on vessel traffic due to this ° ′ ″ ° ′ ″ proposed security zone. ADDRESSES: thence to 40 15 28.3 N, 073 44 13.8 W, You may mail comments ° ′ ″ ° ′ ″ The Coast Guard does not know when and related material to Waterways thence to 40 15 35.4 N, 073 43 29.8 W, thence to 40°19′21.2″ N, 073°42′53.0″ W, the security zone would be enforced as Oversight Branch (CGD01–03–020), the zone would be used only on an as Coast Guard Activities New York, 212 thence to the point of origin. The security zone would only be used for needed basis. Establishing a permanent Coast Guard Drive, room 203, Staten security zone by notice and comment Island, NY 10305. The Waterways high interest vessels due to emergency situations onboard the vessel. rulemaking provides the public the Oversight Branch of Coast Guard opportunity to comment on the Activities New York maintains the On January 31, 2002, a release of proposed zone, location and size. Coast public docket for this rulemaking. MTBE (methyl tertiary-butyl ether) Guard Activities New York would give Comments and material received from onboard the M/V LEADER required the notice of the enforcement of the security the public, as well as documents closure of Anchorage Grounds No. 23– zone by all appropriate means to indicated in this preamble as being A, 23–B, and 24 in the Narrows. provide the widest publicity among the available in the docket, will become part Additionally, from September 11, to affected segments of the public. This of this docket and will be available for September 13, 2002, a radiological proposed rule has been discussed with inspection or copying at room 203, anomaly was discovered onboard the the Sandy Hook Pilots Association and Coast Guard Activities New York, M/V PALERMO SENATOR during a they do not feel this zone would between 8 a.m. and 3 p.m., Monday vessel boarding. As a result, the vessel interfere with the New York Traffic through Friday, except Federal holidays. was ordered to depart the Port of New Separation Scheme. Notifications would FOR FURTHER INFORMATION CONTACT: York/New Jersey and remain at be made to the local maritime Lieutenant Commander W. Morton, anchorage for further investigation. To community by the Vessel Traffic Service Waterways Oversight Branch, Coast maximize safety, the Captain of the Port New York, facsimile, marine Guard Activities New York at (718) 354– New York established a security zone information and electronic mail 4191. around the anchored vessel. broadcasts, and on the Internet at SUPPLEMENTARY INFORMATION: While these incidents had uneventful http://www.harborops.com. conclusions they each posed a Request for Comments significant threat to port infrastructure Regulatory Evaluation We encourage you to participate in and the local population. The Coast This proposed rule is not a this rulemaking by submitting Guard intends to minimize risk to the ‘‘significant regulatory action’’ under comments and related material. If you Port of New York/New Jersey and the section 3(f) of Executive Order 12866, do so, please include your name and area population by requiring vessels in Regulatory Planning and Review, and address, identify the docket number for similar emergency situations to anchor does not require an assessment of this rulemaking (CGD01–03–020), in the proposed security zone while the potential costs and benefits under indicate the specific section of this vessel is inspected and cleared for a safe section 6(a)(3) of that Order. The Office document to which each comment transit. of Management and Budget has not

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reviewed it under that Order. It is not through the New York Traffic Unfunded Mandates Reform Act ‘‘significant’’ under the regulatory Separation Scheme. Recreational, The Unfunded Mandates Reform Act policies and procedures of the fishing and small commercial vessels of 1995 (2 U.S.C. 1531–1538) requires Department of Homeland Security would still be able to transit around the Federal agencies to assess the effects of (DHS). security zone. Additionally, the periods their discretionary regulatory actions. In We expect the economic impact of of time when the zone would be particular, the Act addresses actions this proposed rule to be so minimal that effective are expected to be short and that may result in the expenditure by a a full Regulatory Evaluation under the nothing more than minimal interference State, local, or tribal government, in the regulatory policies and procedures of with commercial fishing operations is aggregate, or by the private sector of DHS is unnecessary. expected. The Sandy Hook Pilots $100,000,000 or more in any one year. This finding is based on the minimal Association agrees that activating the Though this proposed rule would not time that vessels would be restricted zone would not interfere with the traffic result in such an expenditure, we do from the zone, and the zone is in an area separation scheme. In the event that the discuss the effects of this proposed rule where the Coast Guard expects zone is activated, maritime advisories elsewhere in this preamble. insignificant adverse impact on all mariners during periods when the zone widely available to users of the Port of Taking of Private Property New York/New Jersey would be issued is in effect. Vessels may also still transit This proposed rule would not effect a through all Traffic Lanes to, and from, by the Vessel Traffic Service New York, facsimile, marine information and taking of private property or otherwise the Port of New York/New Jersey. As have taking implications under stated above, in cases of emergency, electronic mail broadcasts, and on the Internet at http://www.harborops.com. Executive Order 12630, Governmental vessels transiting in the adjacent traffic Actions and Interference with lanes would be authorized to enter the If you think that your business, Constitutionally Protected Property adjacent separation zone to avoid organization, or governmental Rights. immediate danger. This proposed rule jurisdiction qualifies as a small entity has been discussed with the Sandy and that this proposed rule would have Civil Justice Reform Hook Pilots Association. The Pilot’s a significant economic impact on it, This proposed rule meets applicable Association does not feel that activation please submit a comment (see standards in sections 3(a) and 3(b)(2) of of this proposed zone would interfere ADDRESSES) explaining why you think it Executive Order 12988, Civil Justice with the New York Traffic Separation qualifies and how and to what degree Reform, to minimize litigation, Scheme. Notifications of when the zone this proposed rule would economically eliminate ambiguity, and reduce would be in effect would also be made affect it. burden. to the local maritime community by the Vessel Traffic Service New York, Assistance for Small Entities Protection of Children facsimile, marine information and We have analyzed this proposed rule Under section 213(a) of the Small electronic mail broadcasts, and on the under Executive Order 13045, Internet at http://www.harborops.com. Business Regulatory Enforcement Protection of Children from Fairness Act of 1996 (Pub. L. 104–121), Environmental Health Risks and Safety Small Entities we want to assist small entities in Risks. This proposed rule is not an Under the Regulatory Flexibility Act understanding this proposed rule so that economically significant rule and would (5 U.S.C. 601–612), we have considered they can better evaluate its effects on not create an environmental risk to whether this proposed rule would have them and participate in the rulemaking. health or risk to safety that might a significant economic impact on a If the proposed rule would affect your disproportionately affect children. substantial number of small entities. small business, organization, or The term ‘‘small entities’’ comprises governmental jurisdiction and you have Indian Tribal Governments small businesses, not-for-profit questions concerning its provisions or This proposed rule does not have organizations that are independently options for compliance, please contact tribal implications under Executive owned and operated and are not Lieutenant Commander W. Morton, Order 13175, Consultation and dominant in their fields, and Waterways Oversight Branch, Coast Coordination with Indian Tribal governmental jurisdictions with Guard Activities New York at (718) 354– Governments, because it would not have populations of less than 50,000. 4191. a substantial direct effect on one or The Coast Guard certifies under 5 more Indian tribes, on the relationship U.S.C. 605(b) that this proposed rule Collection of Information between the Federal Government and would not have a significant economic This proposed rule would call for no Indian tribes, or on the distribution of impact on a substantial number of small new collection of information under the power and responsibilities between the entities. Paperwork Reduction Act of 1995 (44 Federal Government and Indian tribes. This proposed rule would affect the U.S.C. 3501–3520). We invite your comments on how this following entities, some of which might proposed rule might impact tribal be small entities: the owners or Federalism governments, even if that impact may operators of vessels, including not constitute a ‘‘tribal implication’’ commercial fisherman, intending to A rule has implications for federalism under the Order. transit, engage in fishing, or anchor in under Executive Order 13132, a portion of the Atlantic Ocean during Federalism, if it has a substantial direct Energy Effects the times this proposed zone is effect on State or local governments and We have analyzed this proposed rule activated. would either preempt State law or under Executive Order 13211, Actions This security zone would not have a impose a substantial direct cost of Concerning Regulations That significant economic impact on a compliance on them. We have analyzed Significantly Affect Energy Supply, substantial number of small entities for this proposed rule under that Order and Distribution, or Use. We have the following reasons: Commercial have determined that it does not have determined that it is not a ‘‘significant Vessel traffic would continue to transit implications for federalism. energy action’’ under that order because

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it is not a ‘‘significant regulatory action’’ (2) Persons desiring to transit the area statements about actions or proposed under Executive Order 12866 and is not of a safety or security zone may contact actions of the Postal Service regarding likely to have a significant adverse effect the Captain of the Port at telephone the postage meter program. on the supply, distribution, or use of number 718–354–4088 or on VHF DATES: The Postal Service must receive energy. The Administrator of the Office channel 14 (156.7 MHz) or VHF channel your comments on or before December of Information and Regulatory Affairs 16 (156.8 MHz) to seek permission to 22, 2003. has not designated it as a significant transit the area. If permission is granted, ADDRESSES: Mail or deliver written energy action. Therefore, it does not all persons and vessels must comply comments to Manager, Postage require a Statement of Energy Effects with the instructions of the Captain of Technology Management, 1735 N Lynn under Executive Order 13211. the Port or his or her designated Street, Room 5011, Arlington, VA representative. Environment 22209–6370. You can view and copy all (3) Vessels not actively engaged in written comments at the same address We have considered the authorized vessel to facility transfer between 9 a.m. and 4 p.m., Monday environmental impact of this proposed operations shall not stop or loiter within through Friday. rule and concluded that, under figure 2– that part of a commercial waterfront FOR FURTHER INFORMATION CONTACT: 1, paragraph (34)(g), of Commandant facility safety and security zone Wayne Wilkerson, manager of Postage Instruction M16475.lD, this rule is extending into the navigable channel, Technology Management, at 703–292– categorically excluded from further described in paragraph (a)(3) of this 3691 or by fax at 703–292–4073. environmental documentation because section, without the express permission SUPPLEMENTARY INFORMATION: it establishes a security zone. A of the Coast Guard Captain of the Port The ‘‘Categorical Exclusion Determination’’ or his or her designated representative, intentional dissemination of false and is available in the docket where including on-scene patrol personnel. misleading communications, indicated under ADDRESSES. (4) The zone described in paragraph advertising, or promotional materials (a)(7) of this section is not a Federal that misrepresent actions or proposed List of Subjects in 33 CFR Part 165 Anchorage Ground. Only vessels actions of the Postal Service is Harbors, Marine safety, Navigation directed by the Captain of the Port or his misleading and confusing to customers (water), Reporting and recordkeeping or her designated representative to enter of the Postal Service. These false and requirements, Security measures, this zone are authorized to anchor here. misleading statements are often made to Waterways. (5) Vessels do not need permission encourage customers to change from one postage meter or postage meter supplier For the reasons discussed in the from the Captain of the Port to transit to another. If the Postal Service preamble, the Coast Guard proposes to the area described in paragraph (a)(7) of identifies such practices, it will take amend 33 CFR part 165 as follows: this section during periods when that security zone is not being enforced. appropriate action to notify law PART 165—REGULATED NAVIGATION (c) Enforcement. Enforcement periods enforcement agencies concerned with AREAS AND LIMITED ACCESS AREAS for the zone in paragraph (a)(7) of this false and misleading advertising section will be announced through practices and will take action to publish 1. The authority citation for part 165 marine information broadcast or other the deceptive communications or continues to read as follows: appropriate method of communication. advertising with appropriate corrective Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. The Coast Guard is enforcing the zone statements. In addition, by the proposed Chapter 701; 50 U.S.C. 191; 33 CFR 1.05–1(g), whenever a vessel is anchored in the rule, the Postal Service is providing 6.04–1, 6.04–6, and 160.5; Pub. L. 107–295, security zone or a Coast Guard patrol notice to authorized postage meter 116 Stat. 2064; Department of Homeland vessel is on-scene. manufacturers and distributors that Security Delegation No. 0170.1. their approval to distribute meters Dated: November 12, 2003. 2. In § 165.169, add a new paragraph throughout the United States or any part C.E. Bone, (a)(7), revise paragraph (b), and add new thereof may be jeopardized if the Postal Captain, U.S. Coast Guard, Captain of the paragraph (c) to read as follows: Service determines that they or their Port, New York. employees, agents, or dealers have § 165.169 Safety and Security Zones; New [FR Doc. 03–29026 Filed 11–19–03; 8:45 am] engaged in such false and misleading York Marine Inspection Zone and Captain of BILLING CODE 4910–15–P communication or advertising practices. the Port Zone. If an authorized manufacturer or (a) * * * distributor is in doubt as to the accuracy (7) Approaches to New York, Atlantic POSTAL SERVICE of any proposed representation Ocean. The following area is a security concerning actions or proposed actions zone: All waters of the Atlantic Ocean 39 CFR Part 501 of the Postal Service, they are invited to between the Ambrose to Hudson verify the accuracy of the representation Canyon Traffic Lane and the Barnegat to Authorization To Manufacture and Distribute Postage Meters with the office of Postage Technology Ambrose Traffic Lane bound by the Management. ° ′ ″ following points: 40 21 29.9 N, AGENCY: Postal Service. We will review any public comments ° ′ ″ ° ′ ″ 073 44 41.0 W, thence to 40 21 04.5 N, ACTION: Proposed rule. and will issue a final rule amending 073°45′31.4″ W, thence to 40°15′28.3″ N, these sections. 073°44′13.8″ W, thence to 40°15′35.4″ N, SUMMARY: Only manufacturers and 073°43′29.8″ W, thence to 40°19′21.2″ N, distributors authorized by the Postal Notice and Comment 073°42′53.0″ W, thence to the point of Service are allowed to manufacturer Although exempt from the notice and origin. and/or distribute postage meters. This comment requirements of the (b) Regulations. (1) Entry into or proposed rule notifies them that the Administrative Procedure Act (5 U.S.C. remaining in a safety or security zone is Postal Service may revoke or suspend, 553(b), (c)) regarding proposed prohibited unless authorized by the wholly or in part, their authorization to rulemaking by 39 U.S.C. 410(a), the Coast Guard Captain of the Port, New distribute postage meters if they make or Postal Service invites public comments York. distribute false and misleading on the following proposed amendments

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to the Code of Federal Regulations FOR FURTHER INFORMATION CONTACT: clarify that the Postal Service could (CFR). Cindy Tackett, (202) 268–6555. select different comparable stamps for discrete cost comparisons. This will List of Subjects in 39 CFR Part 501 SUPPLEMENTARY INFORMATION: On June 12, 2001, the Postal Service published a enhance accuracy in conducting Administrative practice and final rule establishing the regulations in comparative analysis for purposes of procedure, Postal Service. 39 CFR part 551 for the Semipostal determining cost offsets. For the reasons set out in this Stamp Program (66 FR 31822). Minor A proposed edit to section 551.8(d)(1) document, the Postal Service is revisions were made to these regulations would clarify that costs less than $3,000 proposing to amend 39 CFR part 501 as to implement Public Law No. 107–67, would not be offset from differential follows: 115 Stat. 514 (2001), and to reflect revenue, as long as they were not minor organizational changes in the charged to a semipostal-specific finance PART 501—AUTHORIZATION TO Postal Service (67 FR 5215 (February 5, number. The current rule is intended to MANUFACTURE AND DISTRIBUTE 2002)). preclude the need for time-consuming POSTAGE METERS The Postal Service proposes to amend recordkeeping for low-value regulations in section 551.8. The expenditures. Tracking low-dollar 1. The authority citation for part 501 expenditures is, however, simplified continues to read as follows: proposed changes are relatively straightforward and are intended to whenever such costs are charged to a Authority: 5 U.S.C. 552(a); 39 U.S.C. 101, clarify existing regulations. A brief semipostal-specific finance number. 401, 403, 404, 410, 2601, 2605; Inspector description of each proposed change Thus, the Postal Service intends to track General Act of 1978, as amended (Public Law semipostal costs less than $3,000 when 95’452, as amended); 5 U.S.C. App. 3. follows. Proposed edits to section 551.8(a) and such costs are assigned to semipostal- 2. Redesignate current §§ 501.23 (c) would expand the types of specific finance number. through 501.30 as §§ 501.24 through ‘‘comparable stamps’’ that could be used A proposed edit to section 551.8(d)(2) 501.31 and add new § 501.23 to read as in conducting cost comparisons. Under would clarify that costs that do not need follows: current regulations, comparable stamps to be tracked include not only those costs that would be too burdensome to § 501.23 Communications. for purposes of cost comparisons are defined as commemorative stamps track, but also those costs that would be Authorized manufacturers, having similar sales; physical too burdensome to estimate. distributors, and any agents of an characteristics; and marketing, Finally, the proposed edits to section authorized manufacturer or distributor promotional, and public relations 551.8(d)(6) and (f) would clarify that must not intentionally misrepresent to activities. The proposed rule would no printing, sales, distribution, and several customers of the Postal Service longer limit the universe of comparable other types of costs could be recovered decisions, actions, or proposed actions stamps to commemorative stamps. This when they materially exceed the costs of of the Postal Service respecting the measure would accordingly allow other comparable stamps. While such costs postage meter program. The Postal types of stamps, such as definitive or arguably could be recovered under Service reserves the right to suspend special issue stamps, to serve as a section 551.8(d)(5), the proposed edit and/or revoke the authorization to baseline for cost comparisons. In some would establish, in clear and manufacture and/or distribute postage instances, it is conceivable that a unambiguous terms, the circumstances meters throughout the United States or definitive or special issue stamp could in which such costs are to be offset from any part thereof under Sec. 501.5 when serve as the best proxy for comparative differential revenue. In accordance with 39 U.S.C. the manufacturer, distributor, or any analysis, because, much like some 416(e)(2), the Postal Service invites agent of a manufacturer or distributor semipostal stamps, such stamps are public comment on the following fails to comply with this requirement. often sold for longer periods, are proposed amendments to the Code of We will publish an appropriate subjected to multiple print runs, and Federal Regulations. amendment to 39 CFR part 501 to reflect produced and distributed in much these changes if the proposal is adopted. larger quantities than commemorative List of Subjects in 39 CFR Part 551 Stanley F. Mires, stamps. Thus, it is possible that some Administrative practice and Chief Counsel, Legislative. definitive or special issue stamps could procedure, Postal Service. more accurately mirror the [FR Doc. 03–28958 Filed 11–19–03; 8:45 am] For the reasons set out in this characteristics of commemorative BILLING CODE 7710–12–P document, the Postal Service proposes stamps, at least for certain discrete cost to revise 39 CFR 551 as follows: comparisons. POSTAL SERVICE A proposed edit to section 551.8(c) PART 551—SEMIPOSTAL STAMP would specify that different comparable PROGRAM 39 CFR Part 551 stamps may be used for specific cost comparisons. For example, a given 1. The authority citation for 39 CFR Semipostal Stamp Program stamp might be useful for comparing part 551 is revised to read as follows: marketing and advertising costs Authority: 39 U.S.C. 101, 201, 203, 401, AGENCY: Postal Service. incurred in connection with a 403, 404, 410, 414, 416. ACTION: Proposed rule. semipostal stamp. Nevertheless, a 2. In § 551.8, revise paragraphs (a), (c), comparable stamp selected for purposes (d), (e), and (g) to read as follows: SUMMARY: This proposed rule would of comparing marketing and advertising clarify procedures for determining costs might not serve as the best proxy § 551.8 Cost offset policy. offsets for the Postal Service’s for comparing other types of costs, for (a) Postal Service policy is to recover reasonable costs from semipostal example because it has different from the differential revenue for each differential revenue. physical characteristics than the semipostal stamp those costs that are DATES: Comments must be received on semipostal stamp to which it is determined to be attributable to the or before December 22, 2003. compared. The proposed change would semipostal stamp and that would not

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normally be incurred for stamps having be incurred for comparable stamps tested according to their designed similar sales; physical characteristics; would be recovered through the postage condition, better reflecting field and marketing, promotional, and public component of the semipostal stamp performance. Further, GM stated that relations activities (hereinafter price. Such costs are not recovered, initiating such a rulemaking would ‘‘comparable stamps’’). unless they materially exceed the costs encourage manufacturers to equip their * * * * * of comparable stamps. These include, vehicles with ADLs, resulting in better (c) For each semipostal stamp, the but are not limited to, the following: occupant protection. Office of Stamp Services, in (1) Costs of stamp design (including After examining four ADL designs coordination with the Office of market research); and our crash test data, the agency is Accounting, Finance, Controller, shall, (2) Costs of stamp production and denying the petition for rulemaking for based on judgment and available printing; several reasons. Some ADL systems can information, identify the comparable (3) Costs of stamp shipping and be readily disabled, there is no evidence stamp(s) and create a profile of the distribution; that ADLs provide a safety benefit, and typical cost characteristics of the (4) Estimated training costs for field testing ADL-equipped vehicles with all comparable stamp(s) (e.g., staff, except for special training doors locked could degrade the manufacturing process, gum type), associated with semipostal stamps; minimum performance requirements thereby establishing a baseline for cost (5) Costs of stamp sales (including specified in FMVSS Nos. 208 and 214. comparison purposes. The employee salaries and benefits); FOR FURTHER INFORMATION CONTACT: The determination of comparable stamps (6) Costs associated with the following persons at NHTSA, 400 may change during or after the sales withdrawal of the stamp issue from sale; Seventh Street, SW., Washington, DC period, and different comparable (7) Costs associated with the 20590: destruction of unsold stamps; and stamp(s) may be used for specific cost For non-legal issues: Dr. William Fan, (8) Costs associated with the comparisons. Office of Crashworthiness Standards, incorporation of semipostal stamp (d) Except as specified, all costs NVS–112, telephone (202) 366–4922, images into advertising for the Postal associated with semipostal stamps will facsimile (202) 366–4329. Service as an entity. be tracked by the Office of Accounting, For legal issues: Deirdre Fujita, Esq., Finance, Controller. Costs that will not We will publish an appropriate amendment to 39 CFR part 551 to reflect Office of Chief Counsel, NCC–112, be tracked include: telephone (202) 366–2992, facsimile (1) Costs that the Postal Service these changes if the proposal is adopted. (202) 366–3820. determines to be inconsequentially Stanley F. Mires, small, which include those cost items SUPPLEMENTARY INFORMATION: Chief Counsel, Legislative. that are not charged to a semipostal- 1. Background specific finance number and do not [FR Doc. 03–28957 Filed 11–19–03; 8:45 am] exceed $3,000 per invoice. BILLING CODE 7710–12–P a. The Provision (2) Costs for which the cost of tracking Sections S8.1.7 and S16.2.4 of FMVSS or estimation would be burdensome No. 208, ‘‘Occupant crash protection,’’ (e.g., costs for which the cost of tracking DEPARTMENT OF TRANSPORTATION specify that in frontal crash tests, all exceeds the cost to be tracked); vehicle doors are fully closed and (3) Costs attributable to mail to which National Highway Traffic Safety Administration latched but not locked. In addition, semipostal stamps are affixed (which FMVSS No. 208 requires that all are attributable to the appropriate class 49 CFR Part 571 portions of the test dummy shall be and/or subclass of mail); and contained within the outer surfaces of (4) Administrative and support costs [Docket No. NHTSA–2002–11321; Notice 1] the vehicle passenger compartment that the Postal Service would have throughout the test. Section S6.8 of incurred whether or not the Semipostal Federal Motor Vehicle Safety FMVSS No. 214, ‘‘Side impact Stamp Program had been established. Standards protection,’’ specifies that in side (e) Cost items recoverable from the impact tests, all doors, including any differential revenue may include, but AGENCY: National Highway Traffic rear hatch and tailgate doors, are fully are not limited to, the following: Safety Administration (NHTSA), closed and latched but not locked. In (1) Packaging costs in excess of the Department of Transportation. addition, FMVSS No. 214 requires that cost to package comparable stamps; ACTION: Denial of petition for any side door on the struck side shall (2) Printing costs of flyers and special rulemaking. receipts; not separate totally from the vehicle, (3) Costs of changes to equipment; SUMMARY: This document denies a and that any door on the non-struck side (4) Costs of developing and executing petition for rulemaking submitted by shall meet the following requirements: marketing and promotional plans in General Motors Corporation (GM) on 1. The door shall not disengage from excess of the cost for comparable October 19, 2001. The petitioner the latched position, stamps; requested that NHTSA initiate 2. The latch shall not separate from (5) Other costs specific to the rulemaking to amend the test conditions the striker, and the hinge components semipostal stamp that would not specified in Federal Motor Vehicle shall not separate from each other or normally have been incurred for Safety Standard (FMVSS) No. 208, from their attachment to the vehicle, comparable stamps; and ‘‘Occupant crash protection,’’ and and (6) Costs in paragraph (g) of this FMVSS No. 214, ‘‘Side impact 3. Neither the latch nor the hinge section that materially exceed those that protection,’’ allowing vehicles equipped systems of the door shall pull out of would normally have been incurred for with automatic door locks (ADLs) to be their anchorages. comparable stamps. tested with the doors locked. In its The above test requirements and * * * * * petition for rulemaking, GM stated that procedures simulate a worst-case crash (g) Other costs attributable to the proposed changes would allow condition for real crashes with respect semipostals but which would normally vehicles equipped with ADLs to be to the door latch/lock.

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b. Safety Problem 3. Ignition-based ADLs: All vehicle subsequent analyses of the crash data Crash data indicate that 9,303 out of doors will automatically lock when the indicate that vehicle doors can open in 33,387 fatally injured occupants in vehicle ignition is turned on (regardless crashes due to the failure of hinge/latch/ motor vehicle crashes were ejected or of whether the door is open). lock assembly systems, and that this can partially ejected from their vehicles in 4. Brake-based ADLs: All vehicle result in occupant ejections. In the year 2000. Among these, 8,847 were doors will automatically lock when: promulgating FMVSS Nos. 208 and 214, • light vehicle occupants, and the All doors become closed while the NHTSA decided to specify test remaining 456 were occupants of large transmission is in any position other conditions simulating a worst-case trucks, buses, and other vehicles. than ‘‘park’’ and the brake pedal is condition observed in real crashes with According to annualized national active, and respect to the door lock position. • estimates derived from the 1991–2000 The engine is running, and the Therefore, the test conditions of both National Automotive Sampling System brake pedal becomes inactive. standards currently require that all investigated cases, an average of An ADL-equipped vehicle will vehicle doors are fully closed and approximately 8,464 light vehicle automatically lock the doors whenever latched but not locked in a dynamic occupants are ejected and killed the driver completes the said impact test. The goal is to require the annually, and 1,272 of the 8,464 fatal procedures during a trip. Judging from installation of better door hinge/latch ejections occur through a side or rear the above general descriptions, NHTSA assemblies, thus minimizing side/rear door. (The majority of the remaining believes that only ADLs equipped with door ejections. fatal ejections occur through the side speed-based locking can assure that the The agency recognizes that many late window glazing.) Based on the doors will lock continuously when the model year passenger cars and light annualized national estimates, we vehicle is moving above a certain speed. trucks are equipped with ADLs. estimate that approximately 1,330 light However, there are instances when an However, we have no data to indicate vehicle occupants were ejected through ADL could be broken, disabled, defeated whether or not ADL-equipped vehicles an open door and killed in the year or unlocked manually before and/or have a reduced likelihood of opening in 2000. An estimated 1,227 of the during a crash. The other three ADL a real crash or to indicate consumer occupants went through a side door systems cannot assure that the doors acceptance of ADLs. NHTSA is also opening and the remainder went will lock continuously when the vehicle concerned that there are many different through a rear door opening. is moving. Also, the owner’s manuals of ADL design concepts, and that there Approximately 47 percent and 18 some vehicles explain how the owner may be situations in which an ADL percent of the 1,330 fatal ejections can disable and/or modify the ADLs. could be broken, disabled, or unlocked at the time of a crash. The test occurred in side and frontal crashes, 2. Discussion respectively. The remaining 35 percent conditions currently specified in occurred in rollover and other crashes. a. The Petition for Rulemaking FMVSS Nos. 208 and 214 replicate these Currently, both FMVSS Nos. 208 and real world situations. On October 19, 2001, GM submitted a As noted previously, there are four 214 specify that the vehicle doors are petition for rulemaking (Docket No. fully closed and latched, but not locked basic ADL designs: (1) Gear-based, (2) NHTSA–02–11321–1) requesting that speed-based, (3) ignition-based, and (4) when tested. With respect to the lock NHTSA initiate rulemaking to amend position, this procedure simulates a brake-based. Three of these designs are the test conditions of FMVSS Nos. 208 not sensitive to the traveling velocity of worst-case crash condition for real- and 214 allowing vehicles equipped world crashes. By specifying a worst- the vehicle. Many ADL systems have a with ADLs to be tested with all doors manual control button on the driver side case test condition, these requirements locked. Currently, S8.1.7 and S16.2.4 of lead to stronger door latches, providing as a convenience feature. Drivers can FMVSS No. 208 specify that in a frontal better occupant ejection safety unlock the doors of ADL-equipped crash test, all vehicle doors are fully protection. vehicles, and the door will not closed and latched but not locked. necessarily relock. For instance, drivers c. Automatic Door Locks (ADLs) Similarly, S6.8 of FMVSS No. 214 can stop some ADL-equipped vehicles, Recently, many passenger vehicles specifies that in a side impact test, all unlock the doors by pushing the button, have been equipped with ADLs. Four doors, including any rear hatch or and discharge occupants. In this basic ADL designs currently exist: (1) tailgate, are fully closed and latched but particular case, the gear-based ADLs Gear-based, (2) speed-based, (3) not locked. The petition for rulemaking would not relock the doors unless the ignition-based, and (4) brake-based indicates that GM has decided to equip driver shifted the transmission back to locking. Three of the designs are not all its future passenger cars and light and then out of the ‘‘park’’ position. In sensitive to vehicle traveling speed. The trucks with ADLs that are programmed addition, the brake-based ADLs would following are general descriptions of to lock while the vehicle is moving, and not relock the doors if the vehicle these ADLs. that the requested amendment would accelerated before all doors were fully 1. Gear-based ADLs: All vehicle doors allow vehicles equipped with ADLs to closed. Therefore, there is no guarantee will automatically lock when the be tested according to their designed that ADLs will assure that the doors will vehicle transmission is shifted out of the condition. GM claims that this test be locked continuously when the ‘‘park’’ position when all doors are condition would better reflect and vehicle is moving. While the speed- closed and the engine running. predict field performance. In addition, based ADLs may have the most 2. Speed-based ADLs: All vehicle GM claims that initiating such a potential for reducing unlocked doors in doors will automatically lock when: rulemaking would encourage the real world, there is no indication • All doors are closed while the manufacturers to equip their vehicles that all ADLs produced in the transmission is in any position other with ADLs, and that this would result immediate future would be of this type. than ‘‘park’’ and the vehicle brake pedal in better occupant protection. Therefore, based on the reasons above, is inactive, and we believe that the test conditions • The engine is running and the b. Agency Analysis specified in FMVSS Nos. 208 and 214 vehicle speed exceeds a pre-defined Crash experience prior to the issuance are appropriate for ADL-equipped limit. of FMVSS Nos. 208 and 214 and vehicles. Allowing ADL-equipped

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vehicles to be tested with all doors expensive than standard mechanical various designs would take considerable locked could result in a reduction of the locks, and electrical ADL circuitry in time and is not included in the agency’s stringency of the test conditions and the vehicle environment could be more current research plan. detract from safety. vulnerable to damage/repair/recall In accordance with 49 CFR part 552, Finally, GM did not present any issues. Based on the foregoing reasons, this completes the agency’s review of technical data in support of its assertion the agency is not convinced that such an the petition for rulemaking. The agency that allowing doors to be locked in the amendment by NHTSA would has concluded that there is no impact tests of FMVSS Nos. 208 and 214 accelerate the installation of ADLs in reasonable possibility that the would encourage manufacturers to future vehicles, nor that such amendments requested by the petitioner install ADLs in their vehicles. Moreover, acceleration would yield a safety would be issued at the conclusion of the there is no evidence that ADLs will benefit. necessarily result in better occupant Conclusion: Based upon the above rulemaking proceeding. Accordingly, protection. Manufacturers have been analyses, we do not believe that there is the petition for rulemaking is denied. complying with FMVSS Nos. 208 and sufficient reason to conclude that Authority: 49 U.S.C. 30103, 30162; 214 with the doors closed and latched, amending FMVSS Nos. 208 and 214 as delegation of authority at 49 CFR 1.50 and but not locked. Therefore, there is no petitioned would be appropriate or 501.8. reason to believe that manufacturers provide a safety benefit. Conducting Issued on: November 13, 2003. would be motivated to install ADLs research to determine whether or not based upon the requested amendment to ADLs could provide a safety benefit, to Stephen R. Kratzke, these standards, particularly if there develop performance requirements for Associate Administrator for Rulemaking. were an additional associated cost. ADL the various ADL designs, and to [FR Doc. 03–28941 Filed 11–19–03; 8:45 am] components are likely to be more establish consumer acceptance of the BILLING CODE 4910–59–P

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Notices Federal Register Vol. 68, No. 224

Thursday, November 20, 2003

This section of the FEDERAL REGISTER [email protected]. The Responsible January 12, 2001. Since the notice of contains documents other than rules or Official is Forrest Cole, Forest availability for the Woodpecker project proposed rules that are applicable to the Supervisor, Tongass National Forest, was published on August 18, 2000, this public. Notices of hearings and investigations, 648 Mission Street, Ketchikan, AK project is exempted from the committee meetings, agency decisions and 99901. The Regional Forester is the prohibitions in the Roadless Rule. The rulings, delegations of authority, filing of petitions and applications and agency Appeal Deciding Officer. Written Woodpecker project is consistent with statements of organization and functions are notices of appeal must be addressed to: the Forest Plan and the Forest Plan examples of documents appearing in this Regional Forester, Alaska Region, SEIS. section. USDA, Forest Service, P.O. Box 21628, This decision is subject to Juneau, AK 99802–1628. administrative review (appeal) pursuant FOR FURTHER INFORMATION CONTACT: to 36 CFR part 215. The legal notice of DEPARTMENT OF AGRICULTURE Requests for further information this decision will be published in the concerning the Final EIS or the Juneau Empire, the newspaper of Forest Service Record(s) of Decision may be directed to record, published in Juneau, Alaska, on Patricia Grantham, District Ranger, or November 24, 2003, which will start the 2003 Record of Decision on the Linda Slaght, Writer/Editor, Petersburg 45-day appeal period. A written notice Woodpecker Project Area Final Ranger District, 907–772–3871. Copies of appeal that includes sufficient Environmental Impact Statement of the 2003 Record of Decision have evidence of why this decision should be AGENCY: Forest Service, USDA. been mailed directly to those people changed and requirements of 36 CFR part 215 must be postmarked by the last ACTION: Notice; record of decision. who requested to be on the project mailing list. Additional copies may be day of the appeal period and filed with SUMMARY: The USDA Forest Service, obtained from the Petersburg Ranger the Appeal Deciding Officer: Regional Tongass National Forest, has prepared District or reviewed at public libraries Forester, Alaska Region, USDA Forest the 2003 Record of Decision for the throughout southeast Alaska. The 2003 Service, P.O. Box 21628, Juneau, AK Woodpecker Project Area. The project Record of Decision is also posted on the 99802–1628. area is located within the Petersburg Tongass National Forest Web site at Responsible Official: Forrest Cole, Ranger District, on Mitkof Island, about http://www.fs.fed.us/rl0/tongass. Forest Supervisor, Tongass National Forest, Federal Building, Ketchikan, 27 miles south of Petersburg, Alaska. SUPPLEMENTARY INFORMATION: Forrest Cole, Forest Supervisor for the Background: The Forest Supervisor Alaska 99901, is the responsible official. Tongass National Forest, has selected for the Tongass National Forest signed (Authority: 40 CFR 1505.2 and 1506.6; Forest the activities from Alternative 6 of the a Record of Decision for the Service Handbook 1909.15, Section 28) Final Environmental Impact Statement Woodpecker Project Area on December Dated: November 13, 2003. (Final EIS, August 2001) that were not 24, 2002. No appeals were received and Forrest Cole, included in the 2002 Record of Decision the Decision is being implemented. All Forest Supervisor. (signed December 24, 2002). The 2003 of the activities approved by the 2002 [FR Doc. 03–28970 Filed 11–19–03; 8:45 am] decision includes: (a) Harvest of Decision were outside roadless areas, in BILLING CODE 3410–11–M approximately 10.9 million board feet of compliance with an order issued by the timber from approximately 900 acres, U.S. District Court, District of Alaska, in (b) construction of approximately 4.8 Sierra Club v. Rey (J00–0009 CV (JKS)) DEPARTMENT OF AGRICULTURE miles of new classified road, and (c) on April 26, 2002. That order enjoined construction of approximately 1.3 miles the Forest Service from permitting Natural Resources Conservation of temporary road. An existing log timber harvest and road building in Service transfer facility will be used. roadless areas until the completion of Task Force on Agricultural Air Quality DATES: The legal notice of this decision the final supplemental environmental will be published in the Juneau Empire, impact statement (SEIS) for the Tongass AGENCY: Natural Resources the newspaper of record, published in National Forest Land and Resource Conservation Service, USDA. Juneau, Alaska, on November 24, 2003. Management Plan (Forest Plan). The ACTION: Notice of meeting. This will begin the 45-day appeal SEIS was signed on February 24, 2003, period, which will close on Thursday, and the injunction was lifted. SUMMARY: The Agricultural Air Quality January 8, 2004. This decision may be The Woodpecker Project Area is Task Force will meet to continue implemented no sooner than 5 business partly within the Crystal Inventoried discussions on critical air quality issues days after close of the appeal period, if Roadless Area on the Tongass National in relation to agriculture. Special no appeal is received. If an appeal is Forest. The Roadless Area Conservation emphasis will be placed on obtaining a received, this decision may be Rule (Roadless Rule, 36 CFR 294.10, greater understanding about the implemented no sooner than 15 days January 12, 2001) generally prohibits relationship between agricultural following disposition of the appeal. timber harvesting and road building in production and air quality. The meeting ADDRESSES: Requests for copies of the roadless areas with a period of is open to the public; a draft agenda of Record of Decision or Final EIS may be transition for the Tongass. This the meeting is attached. directed to: Linda Slaght, Petersburg transition period makes an exception for DATES: The meeting will convene Ranger District, P.O. Box 1328, projects where a notice of availability Wednesday, December 3, 2003, at 8 Petersburg, Alaska 99833, Phone (907) for a draft environmental impact a.m., and continue until 5 p.m.; resume 772–3871; fax (907) 772–5995; or E-mail statement was published prior to Thursday, December 4, 2003, from 8:15

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a.m. to 4:30 p.m. Individuals with Procedural public may call this number and listen written materials, and those who have This meeting is open to the public. At to the meeting. Callers can expect to requests to make oral presentations, the discretion of the Chair, members of incur charges for calls not initiated should contact the Natural Resources the public may give oral presentations using the supplied call-in number or Conservation Service (NRCS), at the during the meeting. Persons wishing to over wireless lines and the Commission address below, on or before November make oral presentations should notify will not refund any incurred charges. 18, 2003. Dr. Sauerhaft no later than November Callers will incur no charge for calls using the call-in number over land-line ADDRESSES: The meeting will be held at 18, 2003. If a person submitting material connections. Persons with hearing the Doubletree Hotel, Two Portola Plaza, would like a copy distributed to each impairments may also follow the Monterey, California 93940; telephone: member of the committee in advance of proceedings by first calling the Federal (831) 649–4511. Written material and the meeting, that person should submit Relay Service at 1–800–977–8339 and requests to make oral presentations 30 copies to Beth Sauerhaft no later than providing the Service with the should be sent to Dr. Beth Sauerhaft, November 14, 2003. USDA–NRCS, Post Office Box 2890, conference call number and access code Room 6158, Washington, DC 20013. Information on Services for Individuals number. To ensure that the Commission FOR FURTHER INFORMATION CONTACT: With Disabilities secures an appropriate number of lines Questions or comments should be For information on facilities or for the public, persons are asked to directed to Dr. Beth Sauerhaft, services for individuals with register by contacting Aonghas St- Designated Federal Official; telephone: disabilities, or to request special Hilaire of the Eastern Regional Office, assistance at the meeting, contact Dr. (202) 720–8578; fax: (202) 720–2646; e- 202–376–7533 (TDD 202–376–8116), by Sauerhaft. mail: [email protected]. 4 p.m. on Wednesday, November 19, USDA prohibits discrimination in its SUPPLEMENTARY INFORMATION: Notice of 2003. The meeting will be conducted programs and activities on the basis of this meeting is given under the Federal pursuant to the provisions of the rules Advisory Committee Act, 5 U.S.C. App. race, color, national origin, gender, and regulations of the Commission. 2. Additional information about the religion, age, sexual orientation, or AAQTF, including any revised agendas disability. Additionally, discrimination Dated at Washington, DC, November 4, 2003. for the December 3 and 4, 2003, meeting on the basis of political beliefs and Ivy L. Davis, that occur after this Federal Register marital or family status is also notice is published, may be found on prohibited by statutes enforced by Chief, Regional Programs Coordination Unit. the World Wide Web at http:// USDA (not all prohibited bases apply to [FR Doc. 03–28945 Filed 11–19–03; 8:45 am] fargo.nserl.purdue.edu/faca. all programs). Persons with disabilities BILLING CODE 6335–01–P who require alternate means for Draft Agenda of the December 3 and 4, communication of program information 2003, Meeting of the AAQTF (Braille, large print, audio tape, etc.) COMMISSION ON CIVIL RIGHTS A. Welcome to California should contact the USDA’s Target Agenda and Notice of Public Meeting • Local and NRCS officials Center at (202) 720–2000 (voice and of the Missouri and Oklahoma B. Discussion of August minutes TDD). The USDA is an equal Advisory Committees C. Presentation/Discussion of opportunity provider and employer. Documents to Be Approved by Signed in Washington, DC on November 5, Notice is hereby given, pursuant to Conclusion of Meeting and 2003. the provisions of the rules and Subsequently Presented to Bruce I. Knight, regulations of the U.S. Commission on Secretary Veneman Chief, Natural Resources Conservation Civil Rights, that a conference call of the D. Subcommittee Presentations Missouri and Oklahoma Advisory • Emerging Issues Committee Report Service. • [FR Doc. 03–28967 Filed 11–19–03; 8:45 am] Committees will convene at 1:30 p.m. Research Committee Report and adjourn at 3 p.m. on Wednesday, • BILLING CODE 3410–16–P Policy Committee Report December 17, 2003. The purpose of the • Education/Technology Transfer conference call is to conduct strategic Committee Report planning and discuss recommendations E. Local Research Presentations COMMISSION ON CIVIL RIGHTS • University of California (UC), to hold a regional ‘‘Civil Rights Davis—Field Research Agenda and Notice of Public Meeting Listening Tour’’ in 2004. • UC Davis, Nitrogen Balance of the Maine Advisory Committee This conference call is available to the • Alternatives to Methyl Bromide public through the following call-in F. Dairy Action Plan Notice is hereby given, pursuant to number: 1–800–659–8292, access code G. Presentation of Collaborative Efforts the provisions of the rules and 20244814. Any interested member of the between NRCS and Local Air regulations of the U.S. Commission on public may call this number and listen District Civil Rights, that a conference call of the to the meeting. Callers can expect to H. Presentation of South Coast Maine Advisory Committee will incur charges for calls not initiated Anaerobic Digester Project convene at 11 a.m. and adjourn at 12 using the supplied call-in number or I. Environmental Protection Agency p.m., Thursday, November 20, 2003. over wireless lines and the Commission Update The purpose of the conference call is to will not refund any incurred charges. J. Pesticide Volatile Organic Compounds discuss steps to be taken and allocation Callers will incur no charge for calls K. Diesel Air Toxic Control Measures of duties for planning a community using the call-in number over land-line L. Next Meeting, Time/Place forum in Lewiston, ME on post-9/11 connections. Persons with hearing M. Public Input (Time will be reserved immigrant experiences. impairments may also follow the before lunch and at the close of This conference call is available to the proceedings by first calling the Federal each daily session to receive public public through the following call-in Relay Service at 1–800–977–8339 and comment. Individual presentations number: 1–888–532–2976, access code: providing the Service with the will be limited to 5 minutes). 20076641. Any interested member of the conference call number.

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To ensure that the Commission Dated at Washington, DC, November 10, to hold a regional ‘‘Civil Rights secures an appropriate number of lines 2003. Listening Tour’’ in 2004. for the public, persons are asked to Ivy L. Davis, This conference call is available to the register by contacting Jo Ann Daniels of Chief, Regional Programs Coordination Unit. public through the following call-in the Central Regional Office, 913–551– [FR Doc. 03–28944 Filed 11–19–03; 8:45 am] number: 1–800–659–8297, access code 1400 and TDD number 913–551–1414, BILLING CODE 6335–01–P 20244794. Any interested member of the by 3 p.m. on Thursday, December 11, public may call this number and listen 2003. The meeting will be conducted to the meeting. Callers can expect to pursuant to the provisions of the rules COMMISSION ON CIVIL RIGHTS incur charges for calls not initiated and regulations of the Commission. using the supplied call-in number or Agenda and Notice of Public Meeting over wireless lines and the Commission Dated at Washington, DC, November 10, of the Ohio Advisory Committee will not refund any incurred charges. 2003. Callers will incur no charge for calls Ivy L. Davis, Notice is hereby given, pursuant to using the call-in number over land-line Chief, Regional Programs Coordination Unit. the provisions of the rules and connections. Persons with hearing [FR Doc. 03–28948 Filed 11–19–03; 8:45 am] regulations of the U.S. Commission on impairments may also follow the Civil Rights, that a planning meeting of BILLING CODE 6335–01–P proceedings by first calling the Federal the Ohio Advisory Committee to the Relay Service at 1–800–977–8339 and Commission will convene at 1 p.m. and providing the Service with the COMMISSION ON CIVIL RIGHTS adjourn at 6 p.m. on Monday, November conference call number. 24, 2003, and the Committee will To ensure that the Commission Agenda and Notice of Public Meeting convene at 9 a.m. to 4 p.m. on Tuesday, secures an appropriate number of lines of the New Hampshire Advisory November 25, 2003 at the Ohio Civil for the public, persons are asked to Committee Rights Commission, 1111 East Broad register by contacting Jo Ann Daniels of Street, Columbus, Ohio 43205. The the Central Regional Office, (913) 551– Notice is hereby given, pursuant to purpose of the fact-finding meeting is to 1400 and TDD number (913) 551–1414, the provisions of the rules and gather information on ‘‘Ohio Hate by 3 p.m. on Thursday, December 11, regulations of the U.S. Commission on Crimes.’’ 2003. Civil Rights, that a conference call of the Persons desiring additional The meeting will be conducted New Hampshire Advisory Committee information, or planning a presentation pursuant to the provisions of the rules will convene at 10:30 a.m. and adjourn to the Committee, should contact and regulations of the Commission. at 11:30 a.m., Tuesday, November 25, Chairperson Lynwood L. Battle, Jr., 513– Dated at Washington, DC, November 10, 2003. The purpose of the conference call 281–4330, or Constance M. Davis, 2003. is to discuss final planning steps for the Director of the Midwestern Regional Ivy L. Davis, community forum in Bedford, NH, on Office, 312–353–8311 (TDD 312–353– Chief, Regional Programs Coordination Unit. access to health care by limited-English- 8362). Hearing-impaired persons who [FR Doc. 03–28946 Filed 11–19–03; 8:45 am] proficient and hearing-impaired will attend the meeting and require the BILLING CODE 4335–01–P persons. services of a sign language interpreter This conference call is available to the should contact the Regional Office at public through the following call-in least ten (10) working days before the COMMISSION ON CIVIL RIGHTS scheduled date of the meeting. number: 1–800–659–1025, access code: Agenda and Notice of Public Meeting 20275780. Any interested member of the The meeting will be conducted pursuant to the provisions of the rules of the Alabama, Arkansas, Louisiana public may call this number and listen and Mississippi Advisory Committees to the meeting. Callers can expect to and regulations of the Commission. incur charges for calls not initiated Dated at Washington, DC, November 4, Notice is hereby given, pursuant to using the supplied call-in number or 2003. the provisions of the rules and over wireless lines and the Commission Ivy L. Davis, regulations of the U.S. Commission on will not refund any incurred charges. Chief, Regional Programs Coordination Unit. Civil Rights, that a conference call of the Callers will incur no charge for calls [FR Doc. 03–28949 Filed 11–19–03; 8:45 am] Alabama, Arkansas, Louisiana and Mississippi Advisory Committees will using the call-in number over land-line BILLING CODE 6335–01–P connections. Persons with hearing convene on Wednesday, December 3, impairments may also follow the 2003 at 9:30 a.m. and recess at 12:30 proceedings by first calling the Federal COMMISSION ON CIVIL RIGHTS p.m. on Wednesday, December 3 and Relay Service at 1–800–977–8339 and reconvene at 9:30 a.m. on Thursday, providing the Service with the Agenda and Notice of Public Meeting December 4, 2003 at 9:30 a.m. and conference call number and access code of the Iowa, Kansas and Nebraska adjourn at 12:30 p.m. on Thursday, number. Advisory Committees December 4, 2003. The purpose of the conference call is to receive information To ensure that the Commission Notice is hereby given, pursuant to about outstanding and emerging issues secures an appropriate number of lines the provisions of the rules and in the southern region, i.e. predatory for the public, persons are asked to regulations of the U.S. Commission on lending in minority communities; racial register by contacting Aonghas St- Civil Rights, that a conference call of the profiling, the Patriot Act; immigrant Hilaire of the Eastern Regional Office, Iowa, Kansas and Nebraska Advisory issues; voter rights and election reform; 202–376–7533 (TDD 202–376–8116), by Committees will convene at 1:30 p.m. environmental justice; and the effect of 4 p.m. on Monday, November 24, 2003. and adjourn at 3 p.m. on Tuesday, the ‘‘No Child Left Behind’’ initiative The meeting will be conducted December 16, 2003. The purpose of the upon education for minority students. pursuant to the provisions of the rules conference call is to conduct strategic This conference call is available to the and regulations of the Commission. planning and discuss recommendations public through the following call-in

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number: 1–800–720–5846, #20104654 6. Discussion on sanctioned parties preliminary determination in the on Wednesday, December 3 and 1–888– screening lists proposal. antidumping duty investigation of 869–0374, #20104671 on Thursday, 7. Discussion on EAR country groups tetrahydrofurfuryl alcohol (‘‘THFA’’) December 4. Any interested member of revision. from the People’s Republic of China the public may call this number and 8. Discussion on Enhanced (‘‘PRC’’) from November 30, 2003, until listen to the meeting. Callers can expect Proliferation Control Initiative (EPCI). no later than January 19, 2004. This to incur charges for calls not initiated 9. Update on Simplified Network postponement is made pursuant to using the supplied call-in number or Application Process (SNAP) and section 733(c)(1)(A) of the Tariff Act of over wireless lines and the Commission proposed rule. 1930, as amended (‘‘the Act’’). will not refund any incurred charges. 10. Update on Automated Export Callers will incur no charge for calls System (AES) implementation. SUPPLEMENTARY INFORMATION: 11. Reports from working groups. using the call-in number over land-line Postponement of Determination Results connections. Persons with hearing The meeting will be open to the impairments may also follow the public and a limited umber of seats will On July 18, 2003, the Department proceedings by first calling the Federal be available. Reservations are not published the initiation of the Relay Service at 1–800–977–8339 and accepted. To this extent time permits, antidumping duty investigations of providing the Service with the members of the public may present oral imports of THFA from the PRC. See statements to the Committee. Written conference call number listed above. Notice of Initiation of Antidumping statements may be submitted at any To ensure that the Commission Duty Investigations: Notice of Initiation secures an appropriate number of lines time before or after the meeting. However, to facilitate distribution of of Antidumping Duty Investigation: for the public, persons are asked to Tetrahydrofurfuryl Alcohol from the register by contacting Jo Ann Daniels of public presentation materials to People’s Republic of China, 68 FR 42686 the Central Regional Office, (913) 551– Committee members, the Committee (July 18, 2003). The notice of initiation 1400, by 3 p.m. (CDST) on Monday, suggests that presenters forward the stated that we would make our December 1, 2003. public presentation materials, two The meeting will be conducted weeks prior to the meeting date, to the preliminary determinations for this pursuant to the provisions of the rules following address: Ms. Lee Ann antidumping duty investigation no later and regulations of the Commission. Carpenter, BIS/EA, MS: 1099D, U.S. than 140 days after the date of issuance Department of Commerce, 14th St. & of the initiation (i.e., November 30, Dated at Washington, DC, November 3, 2003). 2003. Constitution Ave., NW., Washington, DC 20230. Ivy L. Davis, On October 29, 2003, Petitioner made For more information contact Lee Ann a timely request pursuant to 19 CFR Chief, Regional Programs Coordination Unit. Carpenter on (202) 462–2583. [FR Doc. 03–28947 Filed 11–19–03; 8:45 am] §351.205(e) for a fifty day postponement Dated: November 17, 2003. of the preliminary determination, or BILLING CODE 6335–01–P Lee Ann Carpenter, until January 19, 2004. The Petitioner Committee Liaison Officer. requested postponement of the [FR Doc. 03–28986 Filed 11–19–03; 8:45 am] preliminary determination because it DEPARTMENT OF COMMERCE BILLING CODE 3510–JT–M believes additional time is necessary to allow Petitioner to review responses to Bureau of Industry and Security the supplemental questionnaire, gather Regulations and Procedures Technical DEPARTMENT OF COMMERCE and submit publically available information to value the factors of Advisory Committee; Notice of Open International Trade Administration Meeting production based on respondent’s [A-570–887] supplemental questionnaires, and to The Regulations and Procedures allow Petitioner to fully participate in Technical Advisory Committee will Notice of Postponement of Preliminary the preliminary determination. meet on December 10, 2003, 9 a.m., Antidumping Duty Determination: Room 3884, in the Herbert C . Hoover Tetrahydrofurfuryl Alcohol from the For the reasons identified by the Building, 14th Street between People’s Republic of China Petitioner, and because there are no Constitution and Pennsylvania compelling reasons to deny the request, Avenues, NW., Washington, DC. The AGENCY: Import Administration, we are postponing the preliminary Committee advises the Office of the International Trade Administration, determination under section 733(c)(1) of Assistant Secretary for Export Department of Commerce. the Act. Therefore, the preliminary Administration on implementation of ACTION: Notice of Postponement of determination is now due on January the Export Administration Regulations Preliminary Determination of 19, 2004. The deadline for the final (EAR) and provides for continuing Antidumping Duty Investigation. determination will continue to be 75 review to update the EAR as needed. days after the date of the preliminary EFFECTIVE DATE: November 20, 2003. Agenda determination. FOR FURTHER INFORMATION CONTACT: This notice is published pursuant to 1. Opening remarks by the Chairman. Catherine Bertrand or Peter Mueller, sections 733(f) and 777(i) of the Act. 2. Presentation of papers or comments Import Administration, International by the public. Trade Administration, U.S. Department Dated: November 14, 2003. 3. Update on pending regulations. of Commerce, 14th Street and James J. Jochum, 4. Discussion on technology controls, Constitution Avenue, NW, Washington, Assistant Secretary for Import including proposed rule on computer DC 20230; telephone: (202) 482–3207, Administration. and microprocessor technology. (202) 482–5811, respectively. [FR Doc. 03–29048 Filed 11–19–03; 8:45 am] 5. Discussion on deemed export SUMMARY: The Department of Commerce BILLING CODE 3510–DS–S licensing. (‘‘Department’’) is postponing the

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DEPARTMENT OF COMMERCE availability of the species or stock(s) for thermal (temporary) versus chemical subsistence uses and that the (permanent) changes to the plate, it will National Oceanic and Atmospheric permissible methods of taking and be possible to predict the rate that Administration requirements pertaining to the volcanoes in the middle of plates will [I.D. 090903C] monitoring and reporting of such sink beneath the waves. takings are set forth. NMFS has defined Description of the Activity Small Takes of Marine Mammals ‘‘negligible impact’’ in 50 CFR 216.103 Incidental to Specified Activities; as ‘‘...an impact resulting from the The seismic survey will involve a Oceanographic Survey in the specified activity that cannot be single vessel, the R/V Maurice Ewing. Northwest Atlantic Ocean Near reasonably expected to, and is not The Maurice Ewing will deploy an array Bermuda reasonably likely to, adversely affect the of 20 airguns as an energy source, and species or stock through effects on a receiving system consisting of Ocean AGENCY: National Marine Fisheries annual rates of recruitment or survival.’’ Bottom Hydrophones (OBH’s), 96 Service (NMFS), National Oceanic and Subsection 101(a)(5)(D) of the MMPA sonobuoys, and/or a 6–km (3.2–nm) Atmospheric Administration (NOAA), established an expedited process by towed hydrophone streamer. The energy Commerce. which citizens of the United States can to the airgun array is compressed air ACTION: Notice of issuance of an apply for an authorization to supplied by compressors on board the incidental harassment authorization. incidentally take small numbers of source vessel. As the airgun array is marine mammals by harassment. Under towed along the survey lines, the towed SUMMARY: In accordance with provisions Section 3(18)(A), the MMPA defines hydrophone streamer or OBH’s will of the Marine Mammal Protection Act ‘‘harassment’’ as: receive the returning acoustic signals (MMPA) as amended, notification is any act of pursuit, torment, or annoyance and transfer the data to the on-board hereby given that an Incidental which (i) has the potential to injure a marine processing system. The OBH’s and Harassment Authorization (IHA) to take mammal or marine mammal stock in the sonobuoys will be deployed by the R/V small numbers of marine mammals, by wild; or (ii) has the potential to disturb a Maurice Ewing. harassment, incidental to conducting an marine mammal or marine mammal stock in All planned geophysical data the wild by causing disruption of behavioral oceanographic survey in the Northwest patterns, including, but not limited to, acquisition activities will be conducted Atlantic Ocean near Bermuda has been migration, breathing, nursing, breeding, by LDEO scientists, with on-board issued to Lamont-Doherty Earth feeding, or sheltering. assistance from the scientists who have Observatory (LDEO). The term ‘‘Level A harassment’’ proposed the study. The survey will be DATES: Effective from November 14, means harassment described in conducted in the deep ocean depths 2003 through November 13, 2004. subparagraph (A)(i). The term ‘‘Level B (>1000 m or 3281 ft) of the Bermuda Rise. The survey program will consist of ADDRESSES: The application, a list of harassment’’ means harassment references used in this document, and/ described in subparagraph (A)(ii). approximately 2400 km (1296 nm) of or the IHA are available by writing to P. Subsection 101(a)(5)(D) establishes a survey lines. There will be two intersecting seismic reflection and Michael Payne, Chief, Marine Mammal 45–day time limit for NMFS review of refraction lines, each approximatel600 Conservation Division, Office of an application followed by a 30–day km (324 nm) long. One line will be Protected Resources, National Marine public notice and comment period on oriented north-south along a magnetic Fisheries Service, 1315 East-West any proposed authorizations for the incidental harassment of marine isochron, and the other line will be Highway, Silver Spring, MD 20910– mammals. Within 45 days of the close oriented east-west along the presumed 3225, or by telephoning the contact of the comment period, NMFS must track of the hotspot. The point of listed here. either issue or deny issuance of the intersection of these two lines will be in FOR FURTHER INFORMATION CONTACT: authorization. close vicinity of Bermuda Island. Each Sarah C. Hagedorn, Office of Protected of the two lines will be surveyed twice. Resources, NMFS, (301) 713–2322, ext Summary of Request Along each line, the upper crustal 117. On July 16, 2003, NMFS received an structure will be determined by SUPPLEMENTARY INFORMATION: application from LDEO for the taking, acquiring multibeam sonar, by harassment, of several species of multichannel seismic (MCS), and Background marine mammals incidental to sonobuoy refraction data. Then, a linear Sections 101(a)(5)(A) and (D) of the conducting a seismic survey by the R/ array of OBH’s will be deployed for MMPA (16 U.S.C. 1361 et seq.) direct V Maurice Ewing within the Northwest refraction shooting. The specific the Secretary of Commerce to allow, Atlantic Ocean off the coast of Bermuda configuration of the airgun array will upon request, the incidental, but not near the Bermuda Rise area, between differ between the MCS and OBH intentional, taking of marine mammals 29° and 35° N and between 61° and 68° surveys (described later in this by U.S. citizens who engage in a W, during mid- to late-November and document). There will be additional specified activity (other than early December 2003. These operations operations associated with equipment commercial fishing) within a specified will take place within the Exclusive testing, startup, line changes, and repeat geographical region if certain findings Economic Zone (EEZ) of Bermuda and coverage of any areas where initial data are made and either regulations are adjacent international waters. Clearance quality is sub-standard. issued or, if the taking is limited to to conduct the seismic survey in the The procedures to be used for the harassment, a notice of a proposed foreign EEZ has been requested from 2003 seismic survey will be similar to authorization is provided to the public Bermuda (U.K.). The purpose of this those used during previous seismic for review. project is to determine what physical surveys by LDEO, e.g., in the equatorial Permission may be granted if NMFS and chemical changes have been Pacific Ocean (Carbotte et al., 1998, finds that the taking will have a imparted to the tectonic plate as a result 2000). The proposed program will use negligible impact on the species or of the eruption of the Bermuda volcano. conventional seismic methodology with stock(s) and will not have an By understanding what portion of the a towed airgun array as the energy unmitigable adverse impact on the uplift of the seafloor is caused by source and a towed streamer containing

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hydrophones as the receiver system. In nature of the sound from the airgun mounted in the hull of the Maurice addition, sonobuoys and OBH’s will array, the effective source level for Ewing. The output varies with water also be used at times as the receiver sound propagating in near-horizontal depth from 50 watts in shallow water to system. In addition, a multi-beam directions will be substantially lower. 800 watts in deep water. Pulse interval bathymetric sonar will be operated from Along with the airgun operations, two is 1 second but a common mode of the source vessel continuously additional acoustical data acquisition operation is to broadcast five pulses at throughout the entire cruise, and a systems will be operated during most or 1–s intervals followed by a 5–s pause. lower-energy sub-bottom profiler will all of the cruise. The ocean floor will be Most of the energy in the sound pulses also be operated during most of the mapped with an Atlas Hydrosweep DS– emitted by this multi-beam sonar is at survey. The Bermuda cruise will likely 2 multibeam 15.5–kHz bathymetric mid-frequencies, centered at 3.5 kHz. commence on November 14, 2003, and sonar, and a 3.5–kHz sub-bottom The beamwidth is approximately 30° continue until the third week of profiler will also be operated along with and is directed downward. Maximum December, 2003. Exact dates of the the multi-beam sonar. These mid- source output is 204 dB re 1 µPa, 800 activity may vary by a few days due to frequency sound sources are commonly watts, while nominal source output is weather conditions of the need to repeat operated from the Maurice Ewing 200 dB re 1 µPa, 500 watts. Pulse some lines if data quality is simultaneous with the airgun array. duration will be 4, 2, or 1 ms, and the substandard. The Atlas Hydrosweep is mounted in bandwith of pulses will be 1.0 kHz, 0.5 During seismic acquisition, the vessel the hull of the R/V Maurice Ewing, and kHz, or 0.25 kHz, respectively. will travel at 4–5 knots (7.4–9.3 km/hr). it operates in three modes, depending Along the two selected seismic lines, During the MCS survey, the airgun array on the water depth. The first is a data will first be acquired using to be used will consist of 20 2000–psi shallow-water mode when water depth multibeam sonar, multichannel seismic, Bolt airguns. The standard 20–gun array is <400 m (1312.3 ft). The source output and sonobuoys. A total of 96 sonobuoys will include airguns ranging in chamber is 210 dB re 1 µPa-m rms and a single will be available, and the Ewing system volume from 80 to 850 in3, with a total 1–millisec pulse or ‘‘ping’’ per second is allows two sonobuoys to be recorded at volume of 8,575 in3. These airguns will transmitted, with a beamwidth of 2.67 any time. The sonobuoy profiles will be be spaced in an approximate rectangle degrees fore-aft and 90 degrees in analyzed during the MCS shooting and of dimensions of 35 m (115 ft)(across athwartship. The beamwidth is streamer recovery on each line. The track) by 9 m (30 ft)(along track). measured to the 3 dB point, as is usually preliminary results from the sonobuoy Seismic pulses will be emitted at quoted for sonars. The other two modes refraction will be used to plan the OBH intervals of approximately 20 seconds. are deep-water modes. The Omni mode deployment pattern on the subsequent The 20–sec spacing corresponds to a is identical to the shallow-water mode deep refraction survey. Twenty OBH′s shot interval of about 50 m (164 ft). except that the source output is 220 dB will be deployed for each line. After the lines have been surveyed using rms. The Omni mode is normally used Additional information on the airgun MCS, the hydrophone streamer will be only during start up. The Rotational arrays, Atlas Hydrosweep, and sub- retrieved and OBH’s will be deployed. Directional Transmission (RDT) mode is bottom profiler specifications is During OBH refraction, an augmented normally used during deep-water contained in the application, which is 20–gun array will be used and operation and has a 237–dB rms source available upon request (see ADDRESSES). output. In the RDT mode, each ‘‘ping’’ configured for a total volume of Comments and Responses approximately 11,000 in3 by changing consists of five successive ′ smaller gun chambers for larger volume transmissions, each ensonifying a beam A notice of receipt of LDEO s chambers (ranging from 145 to 875 in3). that extends 2.67 degrees fore-aft and application for seismic work in the Seismic pulses will be emitted at approximately 30 degrees in the cross- Northwest Atlantic Ocean near Bermuda intervals of 240 seconds during OBH track direction. The five successive and proposed IHA was published in the acquisition. LDEO believes that even transmissions (segments) sweep from Federal Register on October 9, 2003 (68 though the augmented 20–gun array will port to starboard with minor overlap, FR 58308). That notice described in have a total air discharge volume of spanning an overall cross-track angular detail the proposed activity and the approximately 2400 in3 more than the extent of about 140 degrees, with tiny marine mammal species that may be standard 20–gun array, this will not (<1 millisec) gaps between the pulses affected by it. That information is not significantly increase the source output for successive 30–degree segments. The repeated here. During the 30–day public since the number of guns has a greater total duration of the ‘‘ping’’, including comment period, comments were effect on source output than discharge all 5 successive segments, varies with received from the Marine Mammal volume. water depth but is 1 millisec in water Commission (Commission). The dominant frequency components depths <500 m (1640.5 ft) and 10 Comment 1: The Commission believes for both airgun arrays is 0 - 188 Hz. The millisec in the deepest water. For each that NMFS′ preliminary determinations standard 20–airgun array (MCS survey) segment, ping duration, is 1/5th of these are reasonable, provided NMFS is will have a peak sound source level of values or 2/5th for a receiver in the satisfied that the proposed mitigation 255 dB re 1 µPa or 262 dB peak-to-peak overlap area ensonified by two beam and monitoring activities are adequate (P-P), and will be towed at a depth of segments. The ‘‘ping’’ interval during to detect marine mammals in the 7.5 m (24.5 ft). The augmented 20– RDT operations depends on water depth vicinity of the proposed operations and airgun array (OBH survey) will have a and varies from once per second in <500 to ensure that marine mammals are not peak sound source level of 256 dB re 1 m (1640.5 ft) water depth to once per 15 being taken in unanticipated ways or µPa or 263 dB P-P, and will be towed seconds in the deepest water. numbers. However, the Commission at a depth of 9.0 m (29.5 ft). Because the The sub-bottom profiler is normally notes that the probability of detecting actual source is a distributed sound operated to provide information about marine mammals about to enter or source (20 guns) rather than a single the sedimentary features and bottom already inside the presumed safety point source, the highest sound levels topography that is simultaneously being limits is probably close to zero at night. measurable at any location in the water mapped by the Hydrosweep. The energy Observers will generally not be on duty, will be less than the nominal source from the sub-bottom profiler is directed and bridge personnel will have limited level. Also, because of the directional downward by a 3.5–kHz transducer time to search for marine mammals. The

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Federal Register notice for the proposed affected species or stocks. In summary, daytime monitoring. However, NMFS IHA states that‘‘[a]n image-intensifier marine mammals will have sufficient shipboard marine mammal assessment night-vision device (NVD) will be notice of a vessel approaching with surveys estimate a higher rate of available for use at night,’’ but previous operating seismic airguns (at least one efficacy. It should be understood that Federal Register notices have stated that hour in advance), thereby giving them these efficacy ratings were based on ‘‘past experience has shown that NVDs an opportunity to avoid the approaching most difficult marine mammals to sight, are of limited value for this purpose.’’ array; if ramp-up is required after an such as harbor porpoise and Cuvier’s There is no discussion of why nighttime extended power-down, two marine beaked whales, and not those more operations are considered necessary, mammal observers will be required to easily sighted. why experienced marine mammal monitor the safety radii using night Passive acoustic means of monitoring observers will not be on duty during vision devices for 30 minutes before was found to be 25 percent effective. nighttime hours, or how effective the ramp-up begins and verify that no However, shipboard passive acoustics observation efforts are expected to be. marine mammals are in or approaching do not allow scientists to determine a The efficacy of visual monitoring during the safety radii; ramp-up may not begin marine mammal’s distance from the some of the times that airguns would be unless the entire safety radii are visible; vessel through triangulation; the vessel in use and under some of the conditions and ramp-up may occur at night only if operator could determine only that a likely to be encountered (e.g., during one airgun with a sound pressure level marine mammal is some unknown night time operations or in heavy sea of at least 180 dB has been maintained distance from the vessel. In order to states) is highly questionable. The during interruption of seismic activity. triangulate on the animal, a system Commission notes that NMFS has Therefore, it is likely that the 20–gun similar to that used in the Gulf of previously estimated in a Federal array will not be ramped-up from a Mexico (GOM) Sperm Whale Seismic Register notice dated March 19, 2001, shut-down at night. See Mitigation and Study (SWSS) in May, 2003 would be that visual observation efforts were Monitoring for more details. needed. The passive acoustical expected to detect about 5 percent of It is also noted that at times, monitoring equipment that was used animals inside safety limits (66 FR pinnipeds and even some small onboard the Ewing during the GOM 15380). Although the effectiveness of cetaceans will approach a vessel during SWSS is not the property of LDEO or visual observations will depend on transmissions (the vessel itself moving the Ewing, and therefore is not available several factors, it appears likely that forward at about 3–5 knots) from the for the Bermuda cruise. LDEO is many, if not most, marine mammals will side of the vessel or the stern, meaning presently evaluating the scientific go undetected under the proposed that the animal is voluntarily results of the passive sonar from the monitoring scheme. If additional approaching a noise source that is SWSS trip to determine whether it is information is available regarding the increasing in strength as the animal gets practical to incorporate it into future efficacy of visual monitoring from the closer. Experience indicates that seismic research cruises. NMFS expects vessel to be used, then that information pinnipeds will come from great a report on this analysis shortly. should be provided to justify NMFS’ distances to scrutinize seismic- Finally, NMFS notes that the confidence that the proposed reflection operations. Seals have been monitoring methods employed on the monitoring program will be adequate. If observed swimming within airgun Ewing are standard methods used no such information is available, then bubbles only 10 m (33 ft) away from onboard vessels for conducting marine NMFS should seek alternative means of active arrays. Also, Canadian scientists, mammal abundance surveys and under ensuring that the required monitoring who were using a high-frequency IHA′s. NMFS would welcome the program is likely to detect most marine seismic system that produced sound Commission’s participation in its mammals in or near the safety zones. In frequencies closer to pinniped hearing annual workshop in Seattle, WA to addition, the Commission notes that it than those used by the Ewing, describe discuss similar monitoring methodology is unclear whether vessel-based passive how seals frequently approached close used in oil exploration and production, acoustic monitoring will be conducted to the seismic source, presumably out of including vessel seismic operations, in as an adjunct to visual monitoring curiosity. Therefore, NMFS has Arctic waters or in another venue. during the daytime and particularly at concluded that this mitigation NMFS is especially interested in night to detect, locate, and identify requirement is reasonable because the exploring with the Commission the marine mammals and, if not, why not. bridge-watch will be concentrating on potential for alternative, practical, Response: Nighttime operations are marine mammals approaching the monitoring methodology for use in necessary due to cost considerations. vessel from the bow. Also, the night- waters too far from shore-side facilities The daily cost to the federal government vision ability of the trained bridge- to make aircraft surveillance practical. to operate vessels such as the Ewing is watch staff will be better than observers Recently, LDEO submitted its required approximately $33,000 to $35,000/day elsewhere on the vessel where normal monitoring report for the IHAs issued (Ljunngren, pers. comm. May 28, 2003). ship-board lighting is more likely. for the Ewing’s seismic work in the Gulf If the vessel is prohibited from operating Finally, an observer is still required to of Mexico (68 FR 32460, May 30, 2003) during nighttime, it is possible that the be on standby, meaning he or she will and Hess Deep (68 FR 41314, July 11, trip would require an additional three to be in the vicinity of the bridge and is 2003). Copies of those documents are five days, or up to $105,000 to $175,000 not precluded from conducting available upon request (see ADDRESSES). more, depending on average daylight at observations during night-time. Comment 2: Several species of the time of work. The methodology for visual cetaceans for which LDEO is seeking Taking into consideration the observations was changed since the 5 incidental take authority stay additional costs of prohibiting nighttime percent estimate (noted by the submerged on most dives for more than operations and the likely impact of the Commission above), resulting in a 30 minutes. The Commission questions activity (including mitigation and revised estimate of 9 percent efficacy whether conducting monitoring ‘‘for at monitoring), NMFS has determined that (67 FR 46712, July 16, 2002). That figure least 30 minutes prior to the planned the mitigation required by the IHA includes both daytime and nighttime start of airgun operations’’ during the ensures that the activity will have the periods of observation. The rate day and at night is sufficient to detect least practicable adverse impact on the increases to 18 percent based only on those species.

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Response: NMFS believes that a 30– radius around the augmented 20–gun 190–dB (rms) safety radius. If a marine minute pre-ramp-up monitoring period array where the received level would be mammal is detected outside the safety is sufficient considering that the ramp- 180 dB re 1 µPa (rms) (the current level radius but is likely to enter it, and if the up period will increase Sound Pressure established for onset of Level A vessel’s course and/or speed cannot be Level (SPL) at a rate no greater than 6 harassment of cetaceans) is estimated as changed to avoid having the marine dB per 5–minutes for a ramp-up 925 m (3035 ft). The radius around the mammal enter the safety radius, the duration of approximately 25 min for augmented 20–gun array where the airguns will be powered-down before the 20–gun array and a total monitoring received level would be 190 dB re 1 µPa the mammal is within the safety radius. period of approximately 55 minutes. (rms), (the current level established for If a mammal is already within the safety Also, while some whale species may onset of Level A harassment of radius when first detected, the airguns dive for up to 45 minutes, it is unlikely pinnipeds), is estimated as 300 m (984 will be powered-down immediately. If a that the ship’s bridge watch would miss ft). A calibration study was conducted marine mammal is seen within the a large whale surfacing from its previous prior to these surveys to determine the appropriate safety radius of the array dive if it is within a mile or two of the actual radii corresponding to each while the guns are powered-down, vessel. sound level. These actual radii will be airgun operations will be shut-down. A Comment 3: The Federal Register used to define the safety radii to be used power-down involves decreasing the notice for the proposed IHA and the for this study. Until then, or if those number of airguns in use such that the applicant′s request notes that there are measurements appear defective, LDEO radius of the 180–dB zone is decreased several species of beaked whales in the will use a precautionary 1.5 times the to the extent that marine mammals are proposed survey area, but the notice modeled 180- (cetaceans) and 190- not in the safety radii. A power-down does not indicate that additional caution (pinnipeds) dB radii as the safety radii. may also occur when the vessel is with respect to these species may be The directional nature of the airgun moving from one seismic line to necessary or propose any post-survey array to be used in this project is an another. For the power-down procedure, monitoring of the sort that would be important mitigating factor, resulting in one airgun (either 80 or 145 in3) will be needed to detect animals that may have lower sound levels at any given operated during the interruption of been taken other than by harassment. horizontal distance than would be seismic survey. Airgun activity (after Response: NMFS shares the expected at that distance if the source both power-down and shut-down Commission’s concern regarding the were omnidirectional with the stated procedures) will not resume until the possible relationship between low- nominal source level. Because the actual marine mammal has cleared the safety frequency seismic survey transmissions seismic source is a distributed sound radius. The animal has cleared the and the beaked whale strandings in the source rather than a single point source, safety radius if it is visually observed to Gulf of California. However, beaked the highest sound levels measurable at have left the safety radius, or if it has whales in the Gulf of Mexico have been any location in the water will be less not been seen within the radius for 15 exposed to seismic noise for several than the nominal source level. min (small odontocetes and pinnipeds) decades, yet mass stranding events do The following mitigation measures, as or 30 min (mysticetes and large not appear in the stranding record. well as marine mammal monitoring, odontocetes, including sperm, pygmy Therefore, NMFS believes that will be adopted during the Bermuda sperm, dwarf sperm and beaked additional factors probably also seismic survey program, provided that whales). influence whether beaked whales will doing so will not compromise If a cetacean is detected close to the be affected in ways other than the operational safety requirements: (1) airgun array during a power-down, expected reaction of vacating the Speed or course alteration; (2) power- modeled safety radii for a single gun immediate vicinity of the noise, similar down procedures; (3) shut-down will be maintained. If the standard 20– to the reactions of other marine mammal procedures; and (4) ramp-up gun array is used, the single gun that species. For LDEO’s survey near procedures. will be firing is 80 in3, and for the Bermuda, NMFS has decided to include augmented array, it is 145 in3. The additional monitoring requirements Course Alteration safety radii for the larger 145 in3 gun within the IHA (see Monitoring below). If a marine mammal is detected will be used for mitigation purposes. outside the appropriate safety radius Since no calibrations have been done to Mitigation and, based on its position and the confirm the modeled safety radii for this For the seismic operations in the relative bearing, is likely to enter the single gun, conservative (1.5 times the Bermuda Rise area in 2003, LDEO will safety radius, the vessel’s speed and/or safety radius) radii will be used: 48 m use two different configurations of a 20– direct course will be changed in a or 158 ft (the conservative radius is 72 airgun array. The airguns comprising manner that also minimizes the effect to m or 236 ft) for cetaceans, and 17 m or these arrays will be spread out the planned science objectives. The 56 ft (the conservative radius is 26 m or horizontally, so that the energy from the marine mammal activities and 85 ft) for pinnipeds. arrays will be directed mostly movements relative to the seismic vessel Ramp-up Procedure downward. will be closely monitored to ensure that The sound pressure fields were the marine mammal does not approach LDEO will employ a ramp-up modeled by LDEO in relation to or enter the safety radius. If the mammal procedure when commencing distance and direction from the appears likely to enter the safey radius, operations using the 20–gun array. standard and augmented 20–gun arrays further mitigative actions will be taken, Ramp-up will begin with the smallest as shown in Figures 5 and 6 of the i.e., either further course alterations or gun in the array (80 in3 for the standard application, respectively (LDEO power- or shut-down of the airguns. array and 145 in3 for the augmented Bermuda 2003). Since the sound array), and guns will be added in a pressure fields around both Power-down and Shut-down Procedures sequence such that the source level of configurations of the 20–gun array are Airgun operations will be powered- or the array will increase at a rate no similar, the marine mammal safety radii shut-down immediately when cetaceans greater than 6 dB per 5–minute period for the augmented 20–gun array will be or pinnipeds are seen within or about to over a total duration of about 25 used for the duration of the cruise. The enter the appropriate 180–dB (rms) or minutes. This ramp-up procedure will

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be followed when the airgun array when marine mammals are observed at night, two marine mammal observers begins operating after a specified- within, or about to enter, designated will monitor for marine mammals near duration period without airgun safety radii, where there is a possibility the source vessel for 30 minutes prior to operations. Under normal operational of Level A harassment. The observers start up using NVDs. The 30–minute conditions (vessel speed of about 4 will watch for marine mammals from observation period is only required knots or 7.4 km/hr), the Maurice Ewing the highest practical vantagepoint on prior to commencing seismic operations would travel 900 m (2953 ft) in about 7 the vessel, which is either the bridge or following a shut-down of the 20–gun minutes and a ramp-up will be required the flying bridge. On the R/V Maurice array for more than 1 hour. After 30 after a power-down or shut-down period Ewing, the observer’s eye level will be minutes of observation, the ramp-up lasting 7 minutes or longer if the Ewing approximately 11 m (36 ft) above sea procedure will be followed. tows a 20–airgun array. If the towing level when stationed on the bridge, In addition to the vessel-based visual speed is reduced to 3 knots or less, a allowing for good visibility within a monitoring of marine mammals, LDEO ramp-up will be required after a ‘‘no 210° arc for each observer. If observers will implement a monitoring program, shooting’’ period lasting 10 minutes or are stationed on the flying bridge, the with approval from NMFS, to detect, to longer. Based on the same calculation, eye level will be 14.4 m (47.2 ft) above the greatest extent practicable, any a ramp-up procedure will be required sea level. marine mammal/sea turtle stranding after a 6 minute period if the speed of The observer(s) will systematically that may result from this activity. The the source vessel was 5 knots. During scan the area around the vessel with 7 monitoring program will contain the the ramp-up procedures, the safety zone X 50 Fujinon reticle binoculars or with following elements: (1) aerial or for the full-gun array will be the naked eye during the daytime. At terrestrial monitoring of all beaches maintained. night, night vision equipment will be shoreward to the Ewing’s trackline; (2) Ramp-up will not occur if the safety available (ITT F500 Series Generation 3 the availability on a 24–hour basis of at radius has not been visible for at least binocular image intensifier or least one veterinarian trained in 30 min prior to the start of operations equivalent). Laser rangefinding conducting necropsies; (3) in either daylight or nighttime. If the binoculars (Leica LRF 1200 laser establishment of a communications airguns are started up at night, two rangefinder or equivalent) will be network with one or more marine marine mammal observers will monitor available to assist with distance mammal veterinarians, beach monitors for marine mammals near the source estimation. At least two observers will and the Bermuda Biological Station; and vessel for 30 minutes prior to start up be based aboard the vessel, and at least (4) an established protocol for of airgun operations and during the one will be an experienced marine conducting necropsies and securing labs subsequent ramp-up procedures. If the mammal observer. Observers will be for proper analysis, ensuring site safety radius has not been visible for appointed by LDEO with NMFS security and the preservation, storage that 30 minute period (e.g., during concurrence. Observers will be on duty and transport of biological samples. darkness or fog), ramp-up will not in shifts of duration no longer than 4 Reporting commence unless one airgun with an hours. SPL of at least 180 dB has been Two vessel-based observers will When a marine mammal sighting maintained during the interruption of monitor for marine mammals near and occurs, the following information about seismic activity. Therefore, it is likely in the safety radii for at least 30 minutes the sighting will be recorded: (1) that the 20–gun array will not be prior to and during all daylight airgun Species, group size, age/size/sex ramped up from a shut-down at night or operations including ramp-ups, after an categories (if determinable), behavior in thick fog, since the safety radii for extended shut-down, and during any when first sighted and after initial this array will not be visible during nighttime startups of the airguns. Use of sighting, heading (if consistent), bearing those conditions. two simultaneous observers will and distance from seismic vessel, increase the proportion of the marine sighting cue, apparent reaction to Monitoring and Reporting mammals present near the source vessel seismic vessel (e.g., none, avoidance, LDEO will conduct marine mammal that are detected. Observers will not be approach, paralleling, etc.), and monitoring of its seismic survey near required to be on duty during ongoing behavioral pace; and (2) time, location, Bermuda in order to verify that the seismic operations at night; bridge heading, speed, activity of the vessel taking of marine mammals, by personnel will watch for marine (shooting or not), sea state, visibility, harassment, incidental to conducting mammals during this period and will cloud cover, and sun glare. The data the seismic survey will have a negligible call for the airguns to be powered-down listed under (2) will also be recorded at impact on marine mammal stocks and to if marine mammals are observed in or the start and end of each observation ensure that these harassment takings are about to enter the safety radii. LDEO watch and during a watch, whenever at the lowest level practicable. bridge personnel will also assist in there is a change in one or more of the detecting marine mammals and variables. Marine Mammal Monitoring implementing mitigation requirements All mammal observations and airgun At least two vessel-based observers whenever possible (they will be given shutdowns will be recorded in a dedicated to marine mammal instruction on how to do so), especially standardized format. Data will be observations within the vicinity of the during ongoing operations at night. At entered into a custom database using a array will be stationed aboard LDEO’s least one marine mammal observer will laptop computer when observers are off- seismic survey vessel for the seismic be on ‘‘standby’’ at night, in case bridge duty. The accuracy of the data entry will survey near Bermuda. One or two personnel see a marine mammal. An be verified by computerized validity marine mammal observers aboard the image-intensifier night-vision device data checks as the data are entered and seismic vessel will search for and (NVD) will be available for use at night. by subsequent manual checking of the observe marine mammals whenever As discussed earlier, ramp-up will not database. These procedures will allow seismic operations are in progress occur if the safety radius has not been initial summaries of data to be prepared during daylight hours, and if feasible, visible for at least 30 min prior to the during and shortly after the field during periods without seismic activity. start of operations in either daylight or program, and will facilitate transfer of Airgun operations will be suspended nighttime. If the airguns are started up the data to statistical, graphical or other

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programs for further processing and a best estimate of the number of marine Conclusions archiving. mammals that may be exposed to Effects on Cetaceans A draft report will be submitted to seismic sounds ≥160 dB re 1 µPa (rms). NMFS within 90 days after the end of The best density estimates were The proposed airgun array the seismic program in the Bermuda multiplied by the linear extent of the configurations are larger than those used Rise area. The report will describe the proposed survey (1200 km or 648 n.mi. in many seismic projects; however, shot operations that were conducted and the for each of the 8575 and approximately intervals are longer than during many marine mammals that were detected. 11,000 in3 arrays) and by twice the 160– surveys and so marine mammals will be The report will be submitted to NMFS, dB safety radius around the applicable exposed to fewer seismic pulses than providing full documentation of 20–airgun arrays to estimate the ‘‘best during many other similar seismic methods, results, and interpretation estimate’’ of the numbers of animals of surveys. The pulse interval for the 8575 pertaining to all monitoring tasks. The in3 gun array is 20 seconds and is 240 each species that might be exposed to draft report will summarize the dates seconds for the approximately 11,000 sound levels ≥160 dB re 1 µPa (rms) and locations of seismic operations, in3 array. during the proposed seismic survey marine mammal sightings (dates, times, Strong avoidance reactions by several program. locations, activities, associated seismic species of mysticetes to seismic vessels survey activities), and estimates of the Based on this method, table 3 in the have been observed at ranges up to 6 to amount and nature of potential take of LDEO application gives the best 8 km (3.2 to 4.3 nm) and occasionally marine mammals by harassment or in estimates, as well as maximum as far as 20–30 km (10.8–16.2 nm) from other ways. The draft report will be estimates, of densities for each species the source vessel. Some bowhead considered the final report unless or species group of marine mammal that whales in Arctic waters avoided waters comments and suggestions are provided might be exposed to received levels within 30 km (16.2 nm) of the seismic by NMFS within 60 days of its receipt ≥160 dB re 1 P~a (rms), and thus operation. However, reactions at such of the draft report. potentially taken by Level B harassment long distances appear to be atypical of Estimates of Take by Harassment for during seismic surveys in the proposed other species of mysticetes, and even for the Bermuda Cruise study area of the Northwest Atlantic bowheads may only apply during As described previously (68 FR Ocean near Bermuda. It is assumed that migration. 17909, April 14, 2003) and in the LDEO the 20–airgun array would be used for Odontocete reactions to seismic application, animals subjected to sound all surveys but that air volume would be pulses, or at least those of dolphins, are levels ≤160 dB may alter their behavior 8575 in3 for half of the survey and expected to extend to lesser distances or distribution, and therefore might be approximately 11,000 in3 for half of the than are those of mysticetes. Odontocete considered taken by Level B harassment survey. Delphinidae would account for low-frequency hearing is less sensitive under NMFS’ current criteria. 94 percent of the overall estimate for than that of mysticetes, and dolphins The estimates of takes by harassment potential taking by harassment (i.e., are often seen from seismic vessels. There are documented instances of are based on the number of marine 10,292 of 10,910), with short-beaked dolphins approaching active seismic mammals that might be exposed to common dolphins (3941) and pilot seismic sounds≥160 dB re 1 µPa (rms) vessels. However, dolphins as well as whales (3345) believed to account for some other types of odontocetes by operations with the 20–airgun array about 71 percent of all delphinids in the planned for the project. Taken from sometimes show avoidance and/or other area of the proposed seismic survey, and year-round marine mammal density changes in behavior when near with smaller numbers of bottlenose aerial survey data that has been operating seismic vessels. summarized by geographic location and dolphins (1871), Risso’s dolphins (858), Taking account of the mitigation calendar season (CETAP 1982), LDEO and striped dolphins (277) accounting measures that are planned, effects on used densities for the ‘‘Entire Atlantic for most of the remaining 29 percent. cetaceans are generally expected to be Stratum’’ during the autumn period to While there is no agreement regarding limited to avoidance of the area around estimate the numbers of marine any alternative ‘‘take’’ criterion for the seismic operation and short-term mammals that are likely to be present in dolphins exposed to airgun pulses, if changes in behavior, falling within the the proposed survey area near Bermuda. only those dolphins exposed to ≥170 dB MMPA definition of ‘‘Level B These densities are probably re 1 µPa (rms) were to be affected harassment.’’ Reactions by mysticetes overestimates of the numbers that are sufficiently to be considered taken by are expected to involve small numbers likely to be present, because much of Level B harassment, then the best of individual cetaceans because few the proposed seismic survey area is estimate for common dolphins would be mysticetes occur in the area where farther from shore, in greater water 1191 rather than 3941 during the seismic surveys are proposed. Reactions depths, and in generally much less Bermuda Rise cruise, and for pilot by mysticetes are expected to involve productive waters. Because the CETAP whales it would be 1011 instead of small numbers of individual cetaceans. (1982) surveys were conducted from an 3345. These are based on the predicted For fin whales, LDEO’s best estimate is airplane, few beaked whales were seen 170–dB radius around the 20–airgun that 501 fin whales, or 1.1 percent of the or identified, and densities of beaked arrays (2600 m or 8530 ft for the 8575 estimated North Atlantic population for whales were estimated to be zero during in3 array and 2900 m or 9514 ft for the this species (IWC 2003) will be exposed ≥ µ the autumn surveys. More than likely approximately 11,000 in3 array), and are to sound levels 160 dB re 1 Pa (rms) there are small numbers of beaked considered to be more realistic estimates during the proposed cruise near whales in the proposed survey area of the number of these species that may Bermuda. Therefore, based on the relatively low numbers of marine throughout the year, so LDEO used the be harassed. Therefore, the total number mammals that will be exposed at levels mean density for the entire year to of animals likely to be harassed is estimate the densities of beaked whales ≥160 dB and the expected impacts at considerably lower than the 10,910 that might be present. these levels, NMFS has determined that Except for beaked whales, LDEO used animals that LDEO has estimated. this action will have a negligible impact its best estimate of density to compute on the affected species or stocks.

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Larger numbers of odontocetes may be a few stray hooded and grey seals could Procedures for Implementing the affected by the proposed activities, but be encountered. The best estimate of the National Environmental Policy Act, May the population sizes of most of the numbers of each of the more common 20, 1999), NMFS has reviewed the species are large and the numbers (but unlikely) species that might be information contained in NSF’s EA and potentially affected are small relative to taken by Level B harassment is no more determined that the NSF EA accurately the population sizes. 38 sperm whales, than two and is most likely zero. It is and completely describes the proposed or 0.3 percent of the estimated North estimated that a maximum of 10 action alternative, reasonable additional Atlantic sperm whale population, pinnipeds (five for each species) may be alternatives, and the potential impacts ≥ would receive seismic sounds 160 dB. affected by the seismic survey. None of on marine mammals, endangered Similarly, 78 beaked whales from the 5 the pinniped species is considered species, and other marine life that could beaked whale species may be affected endangered or depleted. be impacted by the preferred alternative by the proposed activities. This is 2.4 % No pinnipeds regularly occur in the and the other alternatives. Therefore, of the estimated total of all 5 species of survey area and thus none are expected based on this review and analysis, to be encountered. If pinnipeds are beaked whales (3196) that occur along NMFS is adopting the NSF EA under 40 encountered, the seismic activities the northeast coast of the U.S. Because CFR 1506.3 and has issued its own would have, at most, a short-term effect the CETAP (1982) surveys were Finding of No Significant Impact. As a conducted from an airplane, few beaked on their behavior and no long-term result, NMFS has determined that it is whales were seen, or at least identified, impacts on individual seals or their not necessary to issue either a new EA, and densities of beaked whales were populations. Responses of pinnipeds to supplemental EA or an environmental estimated to be zero during the autumn acoustic disturbance are variable, but surveys. However, LDEO believes there usually quite limited. Effects are impact statement for the issuance of an are probably small numbers of beaked expected to be limited to short-term and IHA to LDEO for this activity. A copy whales in the proposed survey area localized behavioral changes falling of the NSF EA for this activity is throughout the year, so LDEO used the within the MMPA definition of Level B available upon request (see ADDRESSES). mean density for the entire year to harassment. Therefore, based on these Determinations estimate the densities of beaked whales effects and the relatively low numbers that might be present during autumn. of pinniped species that may be Based on the information contained in Most of the proposed seismic survey exposed, NMFS has determined that the LDEO application, the NSF EA, the area is outside of the area for which this this action will have a negligible impact October 9, 2003, proposed authorization estimate was made, and only a very on the affected species or stocks. notice (68 FR 58308) and this document, small part of beaked whale habitat in Endangered Species Act (ESA) NMFS has determined that conducting the North Atlantic was included in the a marine seismic survey by the R/V estimate. Thus the actual population NMFS has concluded consultation Maurice Ewing in the Northwest estimate is more than likely much larger under section 7 of the ESA on NMFS’ Atlantic Ocean near Bermuda by LDEO issuance of an IHA to take small than 3196, and the percentage of would result in the harassment of small numbers of marine mammals, by animals that might receive seismic numbers of marine mammals; would ≥ harassment, incidental to conducting an sounds 160 dB during the proposed have no more than a negligible impact oceanographic seismic survey in the cruise is believed to be less than 1 on the affected marine mammal species Northwest Atlantic Ocean near Bermuda percent of the 3196 estimated North or stocks; and would not have an by LDEO. The consultation concluded Atlantic population of the 5 species of unmitigable adverse impact on the with a biological opinion that this beaked whales. availability of stocks for subsistence action is not likely to jeopardize the The best estimate of the total number uses. This activity will result, at worst, continued existence of marine species of common dolphins, pilot whales, in a temporary modification in behavior bottlenose dolphins, Risso’s dolphins listed as threatened or endangered by affected species of marine mammals. and striped dolphins that might be under the ESA. No critical habitat has While behavioral modifications may be exposed to ≥160 dB re 1 µPa (rms) in the been designated for these species in the made by these species as a result of proposed survey area near Bermuda are area of the survey; therefore, none will seismic survey activities, this behavioral 3941, 3345, 1871, 858 and 277, be affected. A copy of the Biological change is expected to result n no more respectively. Of these, about 1191, 1011, Opinion is available upon request (see than a negligible impact on the affected 565, 259 and 84, respectively might be ADDRESSES). species. Also, while the number of exposed to ≥170 dB. These figures are National Environmental Policy Act actual incidental harassment takes will <0.1 to <1.1 percent of the North (NEPA) Atlantic population. Based on the depend on the distribution and relatively low numbers of marine On August 7, 2003, the NSF made a abundance of marine mammals in the mammals that will be exposed at levels determination, based on information vicinity of the survey activity, the ≤160 dB and the expected impacts at contained within its Environmental number of potential harassment takings these levels, NMFS has determined that Assessment (EA), that implementation is estimated to be small. In addition, no this action will have a negligible impact of the subject action is not a major take by injury and/or death is on the affected species or stocks. Federal action having significant effects anticipated, and the potential for Altogether, the mitigation measures on the environment within the meaning temporary or permanent hearing explained in this document (See of Executive Order 12114. NSF impairment is low and will be avoided Mitigation) will reduce short-term determined therefore, that an through the incorporation of the reactions to disturbance, and minimize environmental impact statement would mitigation measures mentioned in this any effects on hearing sensitivity. not be prepared. On October 9, 2003 (68 document and required under the IHA. FR 58308), NMFS noted that the NSF For these reasons therefore, NMFS has Effects on Pinnipeds had prepared an EA for this activity and determined that the requirements of Very few if any pinnipeds are made it available upon request. In section 101(a)(5)(D) of the MMPA have expected to be encountered during the accordance with NOAA Administrative been met and the authorization can be seismic survey near Bermuda. However, Order 216–6 (Environmental Review issued.

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Authorization the responsibility of the Department of 13705, Silver Spring, MD 20910; phone NMFS has issued an IHA to take small Commerce. This Committee ensures that (301)713–2289; fax (301)713–0376; and numbers of marine mammals, by the living marine resource policies and Southwest Region, NMFS, 501 West harassment, incidental to conducting a programs of the Nation are adequate to Ocean Blvd., Suite 4200, Long Beach, marine seismic survey by the R/V meet the needs of commercial and CA 90802–4213; phone (562)980–4001; Maurice Ewing in the Northwest recreational fisheries and of fax (562)980–4018. Atlantic Ocean near Bermuda to LDEO environmental, state, consumer, FOR FURTHER INFORMATION CONTACT: for a 1–year period, provided the academic, tribal, and other national Amy Sloan or Ruth Johnson, (301)713– mitigation, monitoring, and reporting interests. 2289. requirements described in this Matters to Be Considered SUPPLEMENTARY INFORMATION: The requested amendment has been granted document and the IHA are undertaken. December 9, 20003 under the authority of the Marine Dated: November 13, 2003. Review Ocean Commission status, Mammal Protection Act of 1972, as Donna Wieting, summarize and discuss Constituent amended (16 U.S.C. 1361 et seq.), and sessions 2003; and review National Acting Director, Office of Protected Resources, the Regulations Governing the Taking National Marine Fisheries Service. Standards 1 Guidelines and the and Importing of Marine Mammals (50 Implementation of the Endangered [FR Doc. 03–29037 Filed 11–19–03; 8:45 am] CFR part 216). BILLING CODE 3510–22–S Species Act and Essential Fish Habitat. December 10, 2003 This minor amendment extends the Report and discuss NOAA Fisheries’ expiration date of the permit from June 30, 2004 to June 30, 2005. DEPARTMENT OF COMMERCE Bycatch Implementation Plan. December 11, 2003 Dated: November 14, 2003. National Oceanic and Atmospheric Review Budget Planning, wrap up Stephen L. Leathery, Administration reports and discuss schedule for next Chief, Permits, Conservation and Education meeting and charter renewal. [I.D. 111303A ] Division, Office of Protected Resources, December 12, 2003 National Marine Fisheries Service. Marine Fisheries Advisory Committee; Committee will make final reports to [FR Doc. 03–29036 Filed 11–19–03; 8:45 am] NOAA Fisheries and adjourn. Public Meetings BILLING CODE 3510–22–S Special Accommodations AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and These meetings are physically accessible to people with disabilities. COMMITTEE FOR THE Atmospheric Administration (NOAA), IMPLEMENTATION OF TEXTILE Commerce. Requests for sign language interpretation or other auxiliary aids AGREEMENTS ACTION: Notice of public meetings. should be directed to MAFAC (see Announcement of Import Limits for SUMMARY: Notice is hereby given of ADDRESSES). Certain Cotton, Wool, Man-Made Fiber, meetings of the Marine Fisheries Dated: November 14, 2003. Silk Blend and Other Vegetable Fiber Advisory Committee (MAFAC) from John Oliver, Textiles and Textile Products December 9 through 11, 2003. Deputy Assistant Administrator for Produced or Manufactured in the DATES: The meetings are scheduled as Operations,National Marine Fisheries Service People’s Republic of China follows: [FR Doc. 03–29035 Filed 11–19–03; 8:45 am] November 14, 2003. December 9, 2003, 8:30 a.m. - 4:30 BILLING CODE 3510–22–S p.m. AGENCY: Committee for the December 10, 2003, 9.00 a.m. - 4:30 Implementation of Textile Agreements p.m. DEPARTMENT OF COMMERCE (CITA). December 11, 2003, 10:45 a.m. - 4:30 ACTION: Issuing a directive to the p.m. National Oceanic and Atmospheric Commissioner, Bureau of Customs and ADDRESSES: The meetings will be held at Administration Border Protection announcing limits. Holiday Inn Martinique on Broadway, [I.D. 102903B] 49 West 32nd Street, New York, New EFFECTIVE DATE: January 1, 2004. York. Requests for special Marine Mammals; File No. 732–1487 FOR FURTHER INFORMATION CONTACT: Roy accommodations may be directed to Unger, International Trade Specialist, AGENCY: National Marine Fisheries MAFAC, Office of Constituent Services, Office of Textiles and Apparel, U.S. Service (NMFS), National Oceanic and NMFS, 1315 East-West Highway, Silver Department of Commerce, (202) 482– Atmospheric Administration (NOAA), Spring, MD 20910. 4212. For information on the quota Commerce. FOR FURTHER INFORMATION CONTACT: status of these limits, refer to the Quota ACTION: Issuance of permit amendment. Laurel Bryant, Designated Federal Status Reports posted on the bulletin boards of each Customs port, call (202) Official; telephone: (301) 713–2379 ext. SUMMARY: Notice is hereby given that 927–5850, or refer to the Bureau of 171. Paul Ponganis, Ph.D. has been issued an Customs and Border Protection website SUPPLEMENTARY INFORMATION: amendment to scientific research Permit As at http://www.customs.gov. For No. 732–1487–03. required by section 10(a) (2) of the information on embargoes and quota re- Federal Advisory Committee Act, 5 ADDRESSES: The amendment and related openings, refer to the Office of Textiles U.S.C. App. (1982), notice is hereby documents are available for review and Apparel website at http:// given of meetings of MAFAC. MAFAC upon written request or by appointment otexa.ita.doc.gov. was established by the Secretary of in the following office(s): Commerce (Secretary)on February 17, Permits, Conservation and Education SUPPLEMENTARY INFORMATION: 1972, to advise the Secretary on all Division, Office of Protected Resources, Authority: Section 204 of the Agricultural living marine resource matters that are NMFS, 1315 East-West Highway, Room Act of 1956, as amended (7 U.S.C. 1854);

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Executive Order 11651 of March 3, 1972, as carryforward (borrowing from next Bureau of Customs and Border Protection, amended. year’s limits for use in the current year) Washington, DC 20229. The import restraint limits for textile will be available. Dear Commissioner: Pursuant to Section products, produced or manufactured in A description of the textile and 204 of the Agricultural Act of 1956, as China and exported during the period amended (7 U.S.C. 1854); Executive Order January 1, 2004 through December 31, apparel categories in terms of HTS numbers is available in the 11651 of March 3, 1972, as amended; and the 2004 are based on the limits notified to Uruguay Round Agreement on Textiles and the Textiles Monitoring Body pursuant CORRELATION: Textile and Apparel Categories with the Harmonized Tariff Clothing (ATC), you are directed to prohibit, to the Uruguay Round Agreement on effective on January 1, 2004, entry into the Schedule of the United States (see Textiles and Clothing (ATC). United States for consumption and Federal Register notice 68 FR 1599, In the letter published below, the withdrawal from warehouse for consumption published on January 13, 2003). Chairman of CITA directs the of cotton, wool, man-made fiber, silk blend Information regarding the availability of Commissioner, Bureau of Customs and and other vegetable fiber textiles and textile Border Protection to establish the 2004 the 2004 CORRELATION will be products in the following categories, limits. Carryforward applied to the 2003 published in the Federal Register at a produced or manufactured in China and limits has been deducted from the 2004 later date. exported during the twelve-month period limits. James C. Leonard III, beginning on January 1, 2004 and extending These limits are subject to adjustment Chairman, Committee for the Implementation through December 31, 2004, in excess of the pursuant to the provisions of the ATC of Textile Agreements. following levels of restraint: and administrative arrangements notified to the Textiles Monitoring Committee for the Implementation of Textile Body. However, as the ATC and all Agreements restrictions thereunder will terminate November 14, 2003. on January 1, 2005, no adjustment for Commissioner,

Category Twelve-month limit

Group I 200, 218, 219, 226, 237, 239pt. 1, 300/301, 313–315, 317/326, 331pt. 2, 1,177,098,174 square meters equivalent. 333–336, 338/339, 340–342, 345, 347/348, 351, 352, 359–C 3, 359– V 4, 360–363, 410, 433–436, 438, 440, 442–444, 445/446, 447, 448, 611, 613–615, 617, 631pt. 5, 633–636, 638/639, 640–643, 644, 645/ 646, 647, 648, 651, 652, 659–C 6, 659–H 7, 659–S 8, 666pt. 9, 845 and 846, as a group. Sublevels in Group I 200 ...... 852,327 kilograms. 218 ...... 12,048,926 square meters. 219 ...... 2,725,489 square meters. 226 ...... 12,746,159 square meters. 237 ...... 2,334,096 dozen. 300/301 ...... 2,423,182 kilograms. 313 ...... 45,461,137 square meters. 314 ...... 55,735,486 square meters. 315 ...... 141,681,032 square meters. 317/326 ...... 24,915,312 square meters of which not more than 4,766,788 square meters shall be in Category 326. 331pt...... 2,211,238 dozen pairs. 333 ...... 117,888 dozen. 334 ...... 355,560 dozen. 335 ...... 387,929 dozen. 336 ...... 195,182 dozen. 338/339 ...... 2,331,725 dozen of which not more than 1,770,033 dozen shall be in Categories 338–S/339–S 10. 340 ...... 804,295 dozen of which not more than 402,148 dozen shall be in Cat- egory 340–Z 11. 341 ...... 696,915 dozen of which not more than 430,955 dozen shall be in Cat- egory 341–Y 12. 342 ...... 277,017 dozen. 345 ...... 126,650 dozen. 347/348 ...... 2,303,209 dozen. 351 ...... 651,185 dozen. 352 ...... 1,643,919 dozen. 359–C ...... 706,281 kilograms. 359–V ...... 971,520 kilograms. 360 ...... 9,325,474 numbers of which not more than 6,177,149 numbers shall be in Category 360–P 13. 361 ...... 4,849,843 numbers. 362 ...... 7,903,255 numbers. 363 ...... 22,899,052 numbers. 410 ...... 1,059,175 square meters of which not more than 849,044 square me- ters shall be in Category 410–A 14 and not more than 849,044 square meters shall be in Category 410–B 15. 433 ...... 20,831 dozen. 434 ...... 13,320 dozen.

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Category Twelve-month limit

435 ...... 24,462 dozen. 436 ...... 15,534 dozen. 438 ...... 26,375 dozen. 440 ...... 38,837 dozen of which not more than 22,192 dozen shall be in Cat- egory 440–M 16. 442 ...... 39,886 dozen. 443 ...... 128,859 numbers. 444 ...... 212,873 numbers. 445/446 ...... 281,062 dozen. 447 ...... 70,548 dozen. 448 ...... 22,256 dozen. 611 ...... 6,270,756 square meters. 613 ...... 8,615,225 square meters. 614 ...... 13,538,210 square meters. 615 ...... 28,184,093 square meters. 617 ...... 19,691,942 square meters. 631pt...... 330,228 dozen pairs. 633 ...... 63,140 dozen. 634 ...... 686,909 dozen. 635 ...... 724,570 dozen. 636 ...... 568,421 dozen. 638/639 ...... 2,506,986 dozen. 640 ...... 1,385,249 dozen. 641 ...... 1,312,236 dozen. 642 ...... 380,981 dozen. 643 ...... 548,139 numbers. 644 ...... 3,605,043 numbers. 645/646 ...... 809,845 dozen. 647 ...... 1,616,029 dozen. 648 ...... 1,154,641 dozen. 651 ...... 852,132 dozen of which not more than 154,543 dozen shall be in Cat- egory 651–B 17. 652 ...... 3,234,833 dozen. 659–C ...... 451,128 kilograms. 659–H ...... 3,173,412 kilograms. 659–S ...... 701,306 kilograms. 666pt...... 530,098 kilograms. 845 ...... 2,414,080 dozen. 846 ...... 189,886 dozen. Group II 332, 359–O 18, 459pt. 19 and 659–O 20, as a group ...... 41,052,778 square meters equivalent. Group III 201, 220, 224–V 21, 224–O 22, 225, 227, 369–O 23, 400, 414, 469pt. 24, 48,634,805 square meters equivalent. 603, 604–O 25, 618–620 and 624–629, as a group. Sublevels in Group III 224–V ...... 4,100,648 square meters. 225 ...... 7,286,166 square meters. Group IV 852 ...... 392,820 square meters equivalent. Levels not in a Group 369–S 26 ...... 621,077 kilograms. 863–S 27 ...... 8,919,240 numbers.

1 Category 239pt.: only HTS number 6209.20.5040 (diapers). 2 Category 331pt.: all HTS numbers except 6116.10.1720, 6116.10.4810, 6116.10.5510, 6116.10.7510, 6116.92.6410, 6116.92.6420, 6116.92.6430, 6116.92.6440, 6116.92.7450, 6116.92.7460, 6116.92.7470, 6116.92.8800, 6116.92.9400 and 6116.99.9510. 3 Category 359–C: only HTS numbers 6103.42.2025, 6103.49.8034, 6104.62.1020, 6104.69.8010, 6114.20.0048, 6114.20.0052, 6203.42.2010, 6203.42.2090, 6204.62.2010, 6211.32.0010, 6211.32.0025 and 6211.42.0010. 4 Category 359–V: only HTS numbers 6103.19.2030, 6103.19.9030, 6104.12.0040, 6104.19.8040, 6110.20.1022, 6110.20.1024, 6110.20.2030, 6110.20.2035, 6110.90.9044, 6110.90.9046, 6201.92.2010, 6202.92.2020, 6203.19.1030, 6203.19.9030, 6204.12.0040, 6204.19.8040, 6211.32.0070 and 6211.42.0070. 5 Category 631pt.: all HTS numbers except 6116.10.1730, 6116.10.4820, 6116.10.5520, 6116.10.7520, 6116.93.8800, 6116.93.9400, 6116.99.4800, 6116.99.5400 and 6116.99.9530. 6 Category 659–C: only HTS numbers 6103.23.0055, 6103.43.2020, 6103.43.2025, 6103.49.2000, 6103.49.8038, 6104.63.1020, 6104.63.1030, 6104.69.1000, 6104.69.8014, 6114.30.3044, 6114.30.3054, 6203.43.2010, 6203.43.2090, 6203.49.1010, 6203.49.1090, 6204.63.1510, 6204.69.1010, 6210.10.9010, 6211.33.0010, 6211.33.0017 and 6211.43.0010. 7 Category 659–H: only HTS numbers 6502.00.9030, 6504.00.9015, 6504.00.9060, 6505.90.5090, 6505.90.6090, 6505.90.7090 and 6505.90.8090. 8 Category 659–S: only HTS numbers 6112.31.0010, 6112.31.0020, 6112.41.0010, 6112.41.0020, 6112.41.0030, 6112.41.0040, 6211.11.1010, 6211.11.1020, 6211.12.1010 and 6211.12.1020.

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9 Category 666pt.: all HTS numbers except 5805.00.4010, 6301.10.0000, 6301.40.0010, 6301.40.0020, 6301.90.0010, 6302.53.0010, 6302.53.0020, 6302.53.0030, 6302.93.1000, 6302.93.2000, 6303.12.0000, 6303.19.0010, 6303.92.1000, 6303.92.2010, 6303.92.2020, 6303.99.0010, 6304.11.2000, 6304.19.1500, 6304.19.2000, 6304.91.0040, 6304.93.0000, 6304.99.6020, 6307.90.9884, 9404.90.8522 and 9404.90.9522. 10 Category 338–S: all HTS numbers except 6109.10.0012, 6109.10.0014, 6109.10.0018 and 6109.10.0023; Category 339–S: all HTS num- bers except 6109.10.0040, 6109.10.0045, 6109.10.0060 and 6109.10.0065. 11 Category 340–Z: only HTS numbers 6205.20.2015, 6205.20.2020, 6205.20.2050 and 6205.20.2060. 12 Category 341–Y: only HTS numbers 6204.22.3060, 6206.30.3010, 6206.30.3030 and 6211.42.0054. 13 Category 360–P: only HTS numbers 6302.21.3010, 6302.21.5010, 6302.21.7010, 6302.21.9010, 6302.31.3010, 6302.31.5010, 6302.31.7010 and 6302.31.9010. 14 Category 410–A: only HTS numbers 5111.11.3000, 5111.11.7030, 5111.11.7060, 5111.19.2000, 5111.19.6020, 5111.19.6040, 5111.19.6060, 5111.19.6080, 5111.20.9000, 5111.30.9000, 5111.90.3000, 5111.90.9000, 5212.11.1010, 5212.12.1010, 5212.13.1010, 5212.14.1010, 5212.15.1010, 5212.21.1010, 5212.22.1010, 5212.23.1010, 5212.24.1010, 5212.25.1010, 5311.00.2000, 5407.91.0510, 5407.92.0510, 5407.93.0510, 5407.94.0510, 5408.31.0510, 5408.32.0510, 5408.33.0510, 5408.34.0510, 5515.13.0510, 5515.22.0510, 5515.92.0510, 5516.31.0510, 5516.32.0510, 5516.33.0510, 5516.34.0510 and 6301.20.0020. 15 Category 410–B: only HTS numbers 5007.10.6030, 5007.90.6030, 5112.11.3030, 5112.11.3060, 5112.11.6030, 5112.11.6060, 5112.19.6010, 5112.19.6020, 5112.19.6030, 5112.19.6040, 5112.19.6050, 5112.19.6060, 5112.19.9510, 5112.19.9520, 5112.19.9530, 5112.19.9540, 5112.19.9550, 5112.19.9560, 5112.20.3000, 5112.30.3000, 5112.90.3000, 5112.90.9010, 5112.90.9090, 5212.11.1020, 5212.12.1020, 5212.13.1020, 5212.14.1020, 5212.15.1020, 5212.21.1020, 5212.22.1020, 5212.23.1020, 5212.24.1020, 5212.25.1020, 5309.21.2000, 5309.29.2000, 5407.91.0520, 5407.92.0520, 5407.93.0520, 5407.94.0520, 5408.31.0520, 5408.32.0520, 5408.33.0520, 5408.34.0520, 5515.13.0520, 5515.22.0520, 5515.92.0520, 5516.31.0520, 5516.32.0520, 5516.33.0520 and 5516.34.0520. 16 Category 440–M: only HTS numbers 6203.21.9030, 6203.23.0030, 6205.10.1000, 6205.10.2010, 6205.10.2020, 6205.30.1510, 6205.30.1520, 6205.90.3020, 6205.90.4020 and 6211.31.0030. 17 Category 651–B: only HTS numbers 6107.22.0015 and 6108.32.0015. 18 Category 359–O: all HTS numbers except 6103.42.2025, 6103.49.8034, 6104.62.1020, 6104.69.8010, 6114.20.0048, 6114.20.0052, 6203.42.2010, 6203.42.2090, 6204.62.2010, 6211.32.0010, 6211.32.0025, 6211.42.0010 (Category 359–C); 6103.19.2030, 6103.19.9030, 6104.12.0040, 6104.19.8040, 6110.20.1022, 6110.20.1024, 6110.20.2030, 6110.20.2035, 6110.90.9044, 6110.90.9046, 6201.92.2010, 6202.92.2020, 6203.19.1030, 6203.19.9030, 6204.12.0040, 6204.19.8040, 6211.32.0070 and 6211.42.0070 (Category 359–V); 6115.19.8010, 6117.10.6010, 6117.20.9010, 6203.22.1000, 6204.22.1000, 6212.90.0010, 6214.90.0010, 6406.99.1550, 6505.90.1525, 6505.90.1540, 6505.90.2060 and 6505.90.2545 (Category 359pt.). 19 Category 459pt.: all HTS numbers except 6115.19.8020, 6117.10.1000, 6117.10.2010, 6117.20.9020, 6212.90.0020, 6214.20.0000, 6405.20.6030, 6405.20.6060, 6405.20.6090, 6406.99.1505 and 6406.99.1560. 20 Category 659–O: all HTS numbers except 6103.23.0055, 6103.43.2020, 6103.43.2025, 6103.49.2000, 6103.49.8038, 6104.63.1020, 6104.63.1030, 6104.69.1000, 6104.69.8014, 6114.30.3044, 6114.30.3054, 6203.43.2010, 6203.43.2090, 6203.49.1010, 6203.49.1090, 6204.63.1510, 6204.69.1010, 6210.10.9010, 6211.33.0010, 6211.33.0017, 6211.43.0010 (Category 659–C); 6502.00.9030, 6504.00.9015, 6504.00.9060, 6505.90.5090, 6505.90.6090, 6505.90.7090, 6505.90.8090 (Category 659–H); 6112.31.0010, 6112.31.0020, 6112.41.0010, 6112.41.0020, 6112.41.0030, 6112.41.0040, 6211.11.1010, 6211.11.1020, 6211.12.1010, 6211.12.1020 (Category 659–S); 6115.11.0010, 6115.12.2000, 6117.10.2030, 6117.20.9030, 6212.90.0030, 6214.30.0000, 6214.40.0000, 6406.99.1510 and 6406.99.1540. 21 Category 224–V: only HTS numbers 5801.21.0000, 5801.23.0000, 5801.24.0000, 5801.25.0010, 5801.25.0020, 5801.26.0010, 5801.26.0020, 5801.31.0000, 5801.33.0000, 5801.34.0000, 5801.35.0010, 5801.35.0020, 5801.36.0010 and 5801.36.0020. 22 Category 224–O: all HTS numbers except 5801.21.0000, 5801.23.0000, 5801.24.0000, 5801.25.0010, 5801.25.0020, 5801.26.0010, 5801.26.0020, 5801.31.0000, 5801.33.0000, 5801.34.0000, 5801.35.0010, 5801.35.0020, 5801.36.0010 and 5801.36.0020 (Category 224–V). 23 Category 369–O: all HTS numbers except 6307.10.2005 (Category 369–S); 4202.12.4000, 4202.12.8020, 4202.12.8060, 4202.22.4020, 4202.22.4500, 4202.22.8030, 4202.32.4000, 4202.32.9530, 4202.92.0505, 4202.92.1500, 4202.92.3016, 4202.92.6091, 5601.10.1000, 5601.21.0090, 5701.90.1020, 5701.90.2020, 5702.10.9020, 5702.39.2010, 5702.49.1020, 5702.49.1080, 5702.59.1000, 5702.99.1010, 5702.99.1090, 5705.00.2020, 5805.00.3000, 5807.10.0510, 5807.90.0510, 6301.30.0010, 6301.30.0020, 6302.51.1000, 6302.51.2000, 6302.51.3000, 6302.51.4000, 6302.60.0010, 6302.60.0030, 6302.91.0005, 6302.91.0025, 6302.91.0045, 6302.91.0050, 6302.91.0060, 6303.11.0000, 6303.91.0010, 6303.91.0020, 6304.91.0020, 6304.92.0000, 6305.20.0000, 6306.11.0000, 6307.10.0020, 6307.10.1090, 6307.90.3010, 6307.90.4010, 6307.90.5010, 6307.90.8910, 6307.90.8945, 6307.90.9882, 6406.10.7700, 9404.90.1000, 9404.90.8040 and 9404.90.9505 (Category 369pt.). 24 Category 469pt.: all HTS numbers except 5601.29.0020, 5603.94.1010, 6304.19.3040, 6304.91.0050, 6304.99.1500, 6304.99.6010, 6308.00.0010 and 6406.10.9020. 25 Category 604–O: all HTS numbers except 5509.32.0000 (Category 604–A). 26 Category 369–S: only HTS number 6307.10.2005. 27 Category 863–S: only HTS number 6307.10.2015.

The limits set forth above are subject to exception to the rulemaking provisions of 5 DEPARTMENT OF DEFENSE adjustment pursuant to the provisions of the U.S.C. 553(a)(1). ATC and administrative arrangements Sincerely, Department of the Air Force notified to the Textiles Monitoring Body. James C. Leonard III, Products in the above categories exported Committee for the Implementation of Textile HQ USAF Scientific Advisory Board during 2003 shall be charged to the Agreements. AGENCY: Department of the Air Force, applicable category limits for that year (see [FR Doc. 03–29016 Filed 11–19–03; 8:45 am] directive dated October 9, 2002) to the extent DoD. of any unfilled balances. In the event the BILLING CODE 3510–DR–S ACTION: Notice of meeting. limits established for that period have been exhausted by previous entries, such products SUMMARY: Pursuant to Pub. L. 92–463, shall be charged to the limits set forth in this notice is hereby given of the directive. forthcoming outbrief on Technology for The Committee for the Implementation of Machine-to-Machine ISR Integration. Textile Agreements has determined that The purpose of the meeting is to allow these actions fall within the foreign affairs the SAB leadership to advise SAF/USI

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an outbrief of the study. This meeting an outbrief of the study. This meeting 11 for public comments by individuals will be closed to the public. will be closed to the public. and organizations. Public comment and DATES: November 18, 2003. DATES: November 19, 2003. presentations will be limited to two ADDRESSES: Pentagon (SAF/USI), Room ADDRESSES: Pentagon (AF/XOS), Room minutes each and members of the public 4C1000, Washington, DC 20330. 4C1000, Washington DC 20330. desiring to make oral statements or presentations must inform the contact FOR FURTHER INFORMATION CONTACT: Paul FOR FURTHER INFORMATION CONTACT: Paul personnel, in writing. Requests must be Hazell, Air Force Scientific Advisory Hazell, Air Force Scientific Advisory received before Friday, December 5, Board Secretariat, 1180 Air Force Board Secretariat, 1180 Air Force 2003. Mail written presentations and Pentagon, Rm 5D982, Washington, DC Pentagon, Rm 5D982, Washington, DC requests to register to attend the public 20330–1180, (703) 697–4811. 20330–1180, (703) 697–4811. sessions to: LTC Gould or Mr. LaPlante Pamela D. Fitzgerald, Pamela D. Fitzgerald, at HQDA Army G–3 (Room 38473), 400 Air Force Federal Register Liaison Officer. Air Force Federal Register Liaison Officer. Army Pentagon, Washington, DC 20310. [FR Doc. 03–28954 Filed 11–19–03; 8:45 am] [FR Doc. 03–28956 Filed 11–19–03; 8:45 am] Public seating is limited, and is BILLING CODE 5001–05–P BILLING CODE 5001–05–P available on a first come, first served basis. John C. Speedy III, DEPARTMENT OF DEFENSE DEPARTMENT OF DEFENSE Designated Federal Officer, WHINSEC BoV Department of the Air Force Department of the Army [FR Doc. 03–29011 Filed 11–19–03; 8:45 am] BILLING CODE 3710–08–M HQ USAF Scientific Advisory Board Western Hemisphere Institute for Security Cooperation Board of AGENCY: Department of the Air Force, Visitors; Meeting DEPARTMENT OF DEFENSE DoD. ACTION: Notice of meeting. AGENCY Department of the Army, DoD. Department of the Army ACTION: Notice of open meeting. SUMMARY: Pursuant to Pub. L. 92–463, Performance Review Board notice is hereby given of the SUMMARY: This notice sets forth the Membership for the U.S. Army forthcoming meeting of the 2003 schedule and summary agenda for the Acquisition Executive Science and Technology Review. The meeting of the Board of Visitors (VoV) AGENCY: Department of the Army, DoD. purpose of the meeting is to allow the for the Western Hemisphere Institute for ACTION: Notice. SAB leadership to discuss S&T reviews. Security Cooperation (WHINSEC). Because classified and contractor Notice of this meeting is required under SUMMARY: Notice is given of the names proprietary information will be the Federal Advisory Committee Act of members of a Performance Review discussed, this meeting will be closed to (Pub. L. 92–463). This board was Board for the Department of the Army. the public. chartered on February 1, 2002 in EFFECTIVE DATE: November 13, 2003. Compliance with the requirements set DATES: December 4, 2003. FOR FURTHER INFORMATION CONTACT: ADDRESSES: Pentagon, AF/SB forth in 10 U.S.C. 2166. Marilyn Ervin, U.S. Army Senior Dates: December 11–12, 2003. Conference Room, 4D982, Washington, Executive Service Office, Assistant Time: 9 a.m. to 5:30 p.m. (December DC 20330. Secretary of the Army, Manpower & 11) and 8:45 a.m. to 12 p.m. (December Reserve Affairs, 111 Army Pentagon, FOR FURTHER INFORMATION CONTACT: 12). Major Dwight Pavek, Air Force Location: Pratt Hall, Building 35, 7011 Washington, DC 20310–0111. Scientific Advisory Board Secretariat, Morrison Ave., Fort Benning, GA 31905. SUPPLEMENTARY INFORMATION: Section 1180 Air Force Pentagon, Rm 5D982, Proposed Agenda: The WHINSEC 4314(c)(1) through (5) of Title 5, U.S.C., Washington, DC 20330–1180, (703) 697– BoV will receive status briefings of requires each agency to establish, in 4811. actions taken on last year’s BoV accordance with regulations, one or more Senior Executive Service Pamela D. Fitzgerald, recommendations and on new activities and efforts since December 2002; look performance review boards. The boards Air Force Federal Register Liaison Officer. shall review and evaluate the initial [FR Doc. 03–28955 Filed 11–19–03; 8:45 am] into any matters it deems important; meet with groups of WHINSEC faculty appraisal of senior executives’ BILLING CODE 5001–05–P and standents; and prepare for its initial performance by supervisors and make session for 2004. The Board will also recommendations to the appointing authority or rating official relative to the DEPARTMENT OF DEFENSE develop its draft observations and recommendations to forward to the performance of these executives. Department of the Air Force Secretary of Defense and the Secretary The members of the Performance of the Army. Review Board for the U.S. Army HQ USAF Scientific Advisory Board Acquisition Executive are: FOR FURTHER INFORMATION CONTACT: Ken 1. Edward Bair, Program Executive AGENCY: Department of the Air Force, LaPlante, Executive Liaison, WHINSEC, Officer, Intelligence, Electronic Warfare, DoD. Army G–3 at (703) 692–7419 or LTC and Senors, AAE. Linda Gould, Chief, Latin American ACTION: Notice of meeting. 2. Ernestine Ballard, Deputy ASA Branch, Army G–3 at (703) 693–7419. (Policy & Procurement), OASA SUMMARY: Pursuant to Pub. L. 92–463, SUPPLEMENTARY INFORMATION: The (Acquisition, Logistics & Technology). notice is hereby given of the meeting is open to the public. Please 3. Donald Barker, Deputy Program forthcoming outbrief on Technology for note that the Board will recess on Executive Officer, Tactical Missiles and Machine-to-Machine ISR Integration. December 11 for lunch between 12:00 Smart Munitions. The purpose of the meeting is to allow p.m. and 1:30 p.m. The DFO had set 4. MG Joseph L. Bergantz, Program the SAB leadership to advise AF/XOS aside 3 p.m. to 3:30 p.m. on December Executive Officer, Aviation.

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5. James T. Blake, Deputy to the 26. MG Joseph L. Yakovac, Program DEPARTMENT OF DEFENSE Commander, PEO STRI. Executive Officer, Ground Combat 6. Paul Bogosian, Deputy Program Systems. Department of the Army; Corps of Executive for Aviation, AAE. Engineers 7. T. Kevin Carroll, Program Executive Luz D. Ortiz, Intent To Prepare a Draft Officer, Enterprise Information Army Federal Register Liaison Officer. Environmental Impact Statement for a Structure, AAE. [FR Doc. 03–29008 Filed 11–19–03; 8:45 am] Flood Damage Reduction Study, 8. Donald L. Damstetter, Jr., Deputy BILLING CODE 3710–08–M Missouri River Levees System Units L– Assistant Secretary for Plans, Programs, 455 and R 471–460, Buchanan County, and Resource, OASA (Acquisition, MO and Doniphan County, KS Logistics & Technology). DEPARTMENT OF DEFENSE 9. Edward G. Elgart, Director, CECOM AGENCY: Department of the Army, U.S. Department of the Army Acquisition Center. Army Corps of Engineers, DoD. 10. Kevin J. Flamm, Program Manager Performance Review Board ACTION: Notice of intent. for Chemical Demilitarization Membership for the U.S. Army Office of Operations OASA (Acquisition, the Surgeon General SUMMARY: The U.S. Army Corps of Logistics & Technology). Engineers, Kansas City District (KCD), 11. Craig D. Hunter, Deputy Assistant AGENCY: Department of the Army, DoD. intends to prepare a Draft Secretary of the Army (Defense Exports Environmental Impact Statement (DEIS) and Cooperation), OASA (Acquisition, ACTION: Notice. and Feasibility Study of flood damage Logistics & Technology). reduction measures for property 12. Joann H. Langston, Competition SUMMARY: Notice is given of the names currently afforded flood protection by Advocate of the Army, Army of members of a Performance Review the Missouri River Levee System Acquisition Executive Support Agency. Board for the Department of the Army. (MRLS) Units L–455 and R 471–460, in 13. Russell W. Lenz, Director, Buchanan County, Missouri and EFFECTIVE DATE: November 13, 2003. Simulation and Training Technology Doniphan County, Kansas. The purpose Center, Research, Development and FOR FURTHER INFORMATION CONTACT: of this DEIS is to consider the economic, Engineering Command. Marilyn Ervin, U.S. Army Senior environmental, and social impacts that 14. BG Michael R. Mazzucchi, Executive Service Office, Assistant may occur as a result of various Program Executive Officer, Command, Secretary of the Army, Manpower & alternatives being considered in a flood Control, and Communications Reserve Affairs, 111 Army Pentagon, damage reduction study, concerning (Tactical). Washington, DC 20310–0111. flood protection provided by the 15. Steven L. Messervy, Program existing MRLS Units L–455 and R 471– Manager, Joint Simulation Systems, SUPPLEMENTARY INFORMATION: Section 460. The study would determine the Army Acquisition Executive Support 4314(c)(1) through (5) of Title 5, U.S.C., existing level of flood protection as well Agency. requires each agency to establish, in as possible flood damage reduction 16. Levator Norsworthy, Jr., Deputy accordance with regulations, one or measures beyond what currently exists, General Counsel (Acquisition), Office of more Senior Executive Service under the authority of Section 216 of the the General Counsel. performance review boards. The boards 1970 Flood Control Act. 17. Michael A. Parker, Deputy to the shall review and evaluate the initial FOR FURTHER INFORMATION CONTACT: Ms. Commander, U.S. Army Soldier & appraisal of senior executives’ Maria Chastain-Brand, Formulation Biological Chemical Command. performance by supervisors and make Section, Planning Branch, ATTN: 18. John C. Perrapato, Deputy Program recommendations to the appointing CENWK–PM–PF, U.S. Army Engineer Executive Officer, Command and authority or rating official relative to the District, Kansas City, 601 East 12th Control Systems, AAE. performance of these executives. Street, Kansas City, MO 64106–2896, 19. Shelba J. Proffitt, Deputy Program The members of the Performance Phone 816–983–3107 or Maria E. Executive Officer, Air and Missile Review Board for the U.S. Army Office [email protected]. Defense, AAE. of The Surgeon General are: SUPPLEMENTARY INFORMATION: 20. Sandra O. Sieber, Director, Army 1. MG Kenneth L. Farmer, 1. The U.S. Army Corps of Engineers, Contracting Agency. Chairperson, Deputy Surgeon General. KCD, intends to prepare a DEIS and 21. Albert P. Puzzuoli, Deputy Feasibility Study of flood damage Program Executive Officer, Armored 2. Mr. Mark R. Lewis, Director, Plans, reduction measures for property Systems Modernization, AAE. Resources and Operations, Office of the currently afforded flood protection by 22. Wimpy D. Pybus, Deputy Deputy Chief of Staff, G–1. the MRLS Units L–455 and R 471–460, Assistant Secretary of the Army for 3. Ms. Zita M. Simutis, Director, Army in Buchanan County, Missouri and Integrated Logistics Support, OASA Research Institute. Doniphan County, Kansas. The purpose (Acquisition, Logistics & Technology). 4. Mr. Jack E. Hobbs, Project Director, of this DEIS is to consider the economic, 23. BG Stephen M. Seay, Program Army Workload and Performance environmental, and social impacts that Executive Officer, PEO STRI. System. may occur as a result of various 24. BG Jeffrey A. Sorenson, Program alternatives being considered in a flood Executive Officer, Tactical Missiles. Luz D. Ortiz, damage reduction study. The Study 25. MG John M. Urias, Program Army Federal Register Liaison Officer. would determine the existing level of Executive Officer, Air Missile Defense/ [FR Doc. 03–29009 Filed 11–19–03; 8:45 am] flood protection as well as possible Deputy Command General for Research, flood damage reduction measures BILLING CODE 3710–08–M Development and Acquisition, U.S. beyond what currently exists, under the Army Space and Missile Defense authority of Section 216 of the Flood Command. Control Act.

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2. The MRLS Units L–455 and R 471– a. A public workshop/scoping SUMMARY: The U.S. Army Engineer 460, are existing flood damage reduction meeting will be held in the spring of District, Alaska, intends to prepare a projects which provide local flood 2004 in St. Joseph, MO area. The exact Draft Programmatic Environmental protection for agricultural needs, the date, time, and location of the scoping Impact Statement (DEIS) to evaluate the metropolitan area of St. Joseph, meeting will be announced when the feasibility of constructing erosion Missouri and the communities of details are finalized. Additional protection alternatives and community Wathena and Elwood in Kansas. The workshops and meetings will be held as relocation alternatives at Shishmaref, two levees units are located on opposite the study progresses to keep the public Alaska. Shishmaref, population 562, is sites of the Missouri River. informed. Coordination meetings will be on a barrier island on the Chukchi Sea Levee unit L–455 is located on the left held as needed with the affected/ on the northwestern coast of Alaska. bank of the Missouri River in Buchanan concerned local, State, and Federal The shoreline at the community is being County, Missouri, and connects to high governmental entities, and tribes. These rapidly eroded by storm waves possibly ground in the southwestern part of St. workshops and meetings, as well as any because the ice pack has been forming Joseph, Missouri. The levee unit extends meetings which were previously held later in the autumn than in the past, from Missouri River mile 447.3 regarding this project, will serve as the allowing more of the force of late season downstream to mile 437.3 and then collective scoping process for the storm energy to reach the shore. The upstream along Contrary Creek. Levee preparation of the DEIS. Draft programmatic DEIS will determine unit L–455 is 15.6 miles long, averages documents forthcoming from the study whether Federal action is warranted, 13 feet in height, and protects will be distributed to Federal, State, and and if so, and community relocation is approximately 7,500 acres of urban and local agencies, as well as interested selected, site alternatives will be rural areas from flooding. Rural lands members of the general public, for addressed in more detail in a second tier consist of about 6,500 acres. Urban review and comment. of the EIS process. lands include industrial, commercial, b. Potential issues to be analyzed in FOR FURTHER INFORMATION CONTACT: and residential areas of the city of St. depth include evaluations of: Lizette Boyer (907) 753–2637, Alaska Joseph, Missouri, including the (1) Level of flood protection provided District, U.S. Army Corps of Engineers, residential and recreational by the existing flood protection project Environmental Resources Section development in the Lake Contrary area. and need for increased level of (CEPOA–EN–CW–ER), P.O. Box 6898, Levee unit R 471–460 is located on protection; Elmendorf AFB, AK 99506–6898. E- the right bank of the Missouri River (2) Costs and benefits associated with mail: between river mile 441.7 and 456.6 in alternatives that increase the flood [email protected]. eastern Doniphan County, Kansas, and a protection level of the existing flood SUPPLEMENTARY INFORMATION: This study portion of western Buchanan County, protection project; is authorized under Section 203, 33 Missouri. This levee unit is 13.8 miles (3) Fish and wildlife resources; U.S.C. Tribal Partnership Program. The long, averages 14.8 feet in height and (4) Recreation; community of Shishmaref has existed protects approximately 13,500 acres of (5) Cultural resources. on Sherichef Island for centuries. The rural and urban areas from flooding. c. Environmental consultation and four-mile-long island, formed by littoral Rural lands consist of about 10,000 review will be conducted in accordance drift, is steadily eroding along the acres. Urban lands include the with the requirements of the National Chucki Sea. As early as the 1950’s the communities of Elwood and Wathena, Environmental Policy Act of 1969, as community began taking steps to fight Kansas. It also includes the area within per regulations of the Council of the annual erosion problem. Strong an oxbow, which is a part of St. Joseph, Environmental Quality (code of Federal wave and current action cause massive Missouri and contains the Rosecrans Regulations Parts 40 CFR 1500–1508), scouring and erosion of the fine sand Memorial Air National Guard Base. and other applicable laws, regulations, embankment. Bank revetment structures 3. KCD’s study will evaluate the no and guidelines. (gabions filled with sand and concrete action alternative as well as various 5. The anticipated date of availability mattresses) were installed but failed to structural and non-structural of the DEIS for public review is late stop the erosion for long. Severe fall alternatives to determine: 2004. storms in 1989, 1990, and 1997 a. Flood damage reduction costs and undermined the protective structures benefits; Luz D. Ortiz, and caused buildings to be moved or b. Regional social and economic Army Federal Register Liaison Officer. abandoned. The late formation of the impacts; and [FR Doc. 03–29010 Filed 11–19–03; 8:45 am] shorefast ice pack in recent years c. Environmental impacts and BILLING CODE 3710–KN–M aggravates erosion damage during fall mitigation measures. storms. Without shore protection Reasonable alternatives KCD will structures and continued maintenance examine include the feasibility of DEPARTMENT OF DEFENSE of them, all the community various structural and non-structural infrastructure is in jeopardy. measures to reduce flood damage within Department of the Army; Corps of The programmatic DEIS will consider areas protected by the existing MRLS Engineers alternatives including the continuation Units L–455 and R 471–460. Structural of erosion protection structures to Intent To Prepare a Draft Programmatic alternatives may include reinforcing the prevent land and property losses. The Environmental Impact Statement for existing structures, raising the existing community has obtained funding for Coastal Erosion Protection and levee with earth fill, floodwalls with a efforts to protect a stretch of the beach Community Relocation, Shishmaref, corresponding rise of appurtenances, or to the west of the school property where AK other change to the existing levee a Bureau of Indian Affairs road is at risk. systems. Non-structural measures may AGENCY: Department of the Army, U.S. The Corps of Engineers currently is include the development of contingency Army Corps of Engineers, DoD. conducting an emergency bank plans. protection study to protect the school. ACTION: Notice of intent. 4. Scoping Process Longer term protection for the

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community would require that erosion DEIS is scheduled for release in 2005 or technologies offered by both the Federal protection be extended past the school 2006. and private sectors; (4) enhance property and to adjacent roads along the physical infrastructure to facilitate more Guy R. McConnell, shoreline. The feasibility of further and efficient operation and effective Chief, Environmental Resources Section. more extensive bank protection would recruitment and retention of students be analyzed and compared with [FR Doc. 03–29007 Filed 11–19–03; 8:45 am] and faculty; and (5) help implement the relocation alternatives. Relocation BILLING CODE 3710–NL–M No Child Left Behind Act of 2001 and would mean the abandonment of the meet other high standards of Shishmaref community on the island. educational achievement. Relocation alternatives include moving DEPARTMENT OF EDUCATION The general public is welcome to attend the December 2–3, 2003, meeting. the people of Shishmaref to a larger hub Meeting of the President’s Board of However, space is limited and is community such as Nome or Kotzebue Advisors on Tribal Colleges and available on a first-come, first-serve where they would be incorporated into Universities basis. Individuals who need the fabric of that community; moving accommodations for a disability in order AGENCY: White House Initiative on the population to a smaller, closer to attend the meeting (i.e. interpreting Tribal Colleges and Universities, U.S. community such as Wales or Deering, services, assistive listening devices, Department of Education. which would involve developing materials in alternative format) should additional infrastructure in those ACTION: Notice of meeting. notify Toney Begay at (202) 219–2181 locations, and constructing a new town SUMMARY: This notice sets forth the no later than November 18, 2003. We site on the mainland. The last schedule and proposed agenda of an will attempt to meet requests after this alternative would be based on upcoming meeting of the President’s date, but cannot guarantee availability engineering criteria, historical tribal Board of Advisors on Tribal Colleges of the requested accommodation. The area boundaries, and corridors to and Universities (the Board) and is meeting site is accessible to individuals subsistence sites. intended to notify the general public of with disabilities. Issues: The programmatic DEIS will its opportunity to attend. This notice A summary of the activities of the consider the need of Shishmaref to also describes the functions of the meeting and other related materials that preserve its community identity and the Board. Notice of the Board’s meetings is are informative to the public will be potential impacts of the alternatives on required under Section 10(a)(2) of the available to the public within 14 days the cultural resources and infrastructure Federal Advisory Committee Act and by after the meeting. Records are kept of all Board proceedings and are available for of the community. In addition, the the Board’s charter. public inspection at the White House programmatic DEIS will address the Agenda: The purpose of the meeting Initiative on Tribal Colleges and importance of maintaining the will be to review and comment on Universities, United States Department community’s traditional subsistence Federal agencies’ Three-Year Plans and discuss the format and content of the of Education, Suite 408, 555 New Jersey lifestyles, while providing modern Avenue, NW., Washington, DC 20208. infrastructure and housing. Issues Board’s required report to the President. associated with relocation to an existing Date and Time: December 2, 2003–9 Dated: November 14, 2003. community include property and a.m. to 4 p.m. and December 3, 2003– Rod Parge, business losses, impacts of social/ 9 a.m. to 12 Noon. Secretary, Department of Education. Location: Embassy Suites Hotel, 4315 cultural changes, and impacts on the [FR Doc. 03–28968 Filed 11–19–03; 8:45 am] Swenson Street, Las Vegas, NV 89119. infrastructure capacity of the receiving BILLING CODE 4000–01–M location. Issues associated with FOR FURTHER INFORMATION CONTACT: relocation and construction of a new Toney Begay, Special Assistant, White town site includes engineering House Initiative on Tribal Colleges and DEPARTMENT OF ENERGY constructability criteria and Universities, U.S. Department of environmental suitability. Education, Suite 408, 555 New Jersey Energy Information Administration Constructability criteria include Avenue, NW., Washington, DC 20208. Telephone: 202–219–2181. Fax: 202– Policy Statement; Solicitation of geologic stability, availability of fill 208–2174. Comments on the Policy for Statistical material, and potable water sources. SUPPLEMENTARY INFORMATION: The Board Information Based on Petroleum Environmental issues include effects to Supply Reporting System Survey Data endangered species and wildlife habitat, is established by Executive Order 13270, and justifiable and practicable dated July 3, 2002, to provide advice AGENCY: Energy Information mitigation measures. Other resources regarding the progress made by Federal Administration (EIA), Department of and concerns will be identified through agencies toward fulfilling the purposes Energy (DOE). and objectives of the order. The Board scoping, public involvement, and ACTION: Policy statement; solicitation of also provides recommendations to the interagency coordination. comments on the policy for statistical President through the Secretary of Scoping: A copy of this notice and information based on Petroleum Supply Education on ways the Federal Reporting System survey data. additional public information will be government can help tribal colleges: (1) sent to interested parties to initiate Use long-term development, SUMMARY: The EIA is requesting scoping. All parties are invited to endowment building and planning to comments on the policy for statistical participate in the scoping process by strengthen institutional viability; (2) information based on Petroleum Supply identifying any additional concerns, improve financial management and Reporting System (PSRS) survey data issues, studies, and alternatives that security, obtain private sector funding collected and disseminated beginning in should be considered. A scoping support, and expand and complement 2004. This request is based on EIA’s meeting will be held in Shishmaref, Federal education initiatives; (3) mandate for carrying out a central, Alaska, in early 2004 at a place and time develop institutional capacity through comprehensive, and unified energy data to be announced. The programmatic the use of new and emerging and information program responsive to

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users’ needs for credible, reliable, and movements, imports, and stocks of overall purpose of the PSRS continues timely energy information that will crude oil, petroleum products, and to be providing credible, reliable, and improve and broaden understanding of natural gas liquids in the United States. timely information on the petroleum petroleum supply in the United States. The survey information is used to create industry. The information is integral to DATES: Comments must be filed by statistics disseminated by EIA in various adequately understanding the U.S. December 22, 2003. If you anticipate information products including the petroleum supply situation. Detailed difficulty in submitting comments Weekly Petroleum Status Report, This information at low level geographic within that period, contact the person Week in Petroleum, the Petroleum breakdowns is needed on production, listed below as soon as possible. Supply Monthly, and the Petroleum receipts, inputs, regional movements, ADDRESSES: Comments on this policy Supply Annual available on EIA’s Web imports, and stocks of crude oil, _ should be directed to Stefanie Palumbo, site at http://www.eia.doe.gov/oil gas/ petroleum products, and natural gas _ Petroleum Division. To ensure receipt of petroleum/info glance/petroleum.html. liquids. the comments by the due date, EIA’s petroleum supply program Most PSRS survey information is submission by FAX (202–586–5846) or provides Congress, other government collected under a pledge of confidentiality. For information e-mail ([email protected]) agencies, businesses, trade associations, collected under a pledge of is recommended. The mailing address is and private research and consulting confidentiality, EIA does not publicly Petroleum Division, EI–42, Forrestal organizations with statistics for analysis, release names or other identifiers of Building, U.S. Department of Energy, projections, and monitoring purposes. survey respondents linked to their 1000 Independence Ave., SW., To be most effective, EIA’s petroleum submitted data. However, for many data Washington, DC 20585. Alternatively, supply statistical information must be items, EIA does not apply disclosure Stefanie Palumbo may be contacted by available by product detail at sub-U.S. limitation to statistics based on the telephone at (202) 586–6866. geographic breakdowns such as by Petroleum Administration for Defense survey data. FOR FURTHER INFORMATION CONTACT: (PAD) District, Refining District, and Disclosure limitation involves Requests for additional information methods used to avoid the possibility should be directed to Ms. Palumbo at State. The types of information collected in that individually-identifiable the address listed above. the PSRS surveys and the level of detail information reported by a survey SUPPLEMENTARY INFORMATION: in statistical information disseminated respondent may be inferred from I. Background by EIA follow a pattern first established published statistics. In accordance with II. Current Actions by the Bureau of Mines in 1917. The EIA’s existing policy for PSRS statistical III. Request for Comments PSRS surveys include weekly, monthly, information, most petroleum supply statistical information disseminated by I. Background and annual surveys designed to provide information on petroleum supply at EIA has not been subjected to disclosure The Federal Energy Administration various levels of detail given tradeoffs limitation methods (the policy of not Act of 1974 (Pub. L. 93–275, 15 U.S.C. between timeliness and improved using disclosure limitation on 761 et seq.) and the DOE Organization accuracy. For 2004, the PSRS surveys petroleum supply statistical information Act (Pub. L. 95–91, 42 U.S.C. 7101 et are expected to include the following has been in effect since EIA’s creation seq.) require the EIA to carry out a forms: in 1977 and was announced in the centralized, comprehensive, and unified • EIA–800, Weekly Refinery and Federal Register on August 7, 1986 (61 energy information program. This Fractionator Report, FR 28415)). Therefore, when statistics program collects, evaluates, assembles, • EIA–801, Weekly Bulk Terminal are based on PSRS data from fewer than analyzes, and disseminates information Report, three respondents or are dominated by on energy resource reserves, production, • EIA–802, Weekly Product Pipeline data from one or two large respondents demand, technology, and related Report, and are not subjected to disclosure economic and statistical information. • EIA–803, Weekly Crude Oil Stocks limitation methods, it may be possible This information is used to assess the Report, for a knowledgeable person to estimate adequacy of energy resources to meet • EIA–804, Weekly Imports Report, the data reported by a specific near and longer-term domestic • EIA–805, Weekly Terminal respondent. demands. Blenders Report, While disclosure limitation has not The EIA provides the public and other • EIA–810, Monthly Refinery Report, been used on the majority of statistics Federal agencies with opportunities to • EIA–811, Monthly Bulk Terminal based on the PSRS survey data, comment on collections of energy Report, disclosure limitation has been used for information conducted by EIA. As • EIA–812, Monthly Product Pipeline statistics based on new products or appropriate, EIA also requests Report, product breakdowns that have occurred comments on important issues relevant • EIA–813, Monthly Crude Oil since 1986. Petroleum Supply Monthly to the dissemination of energy Report, (and corresponding Petroleum Supply information. Comments received help • EIA–814, Monthly Imports Report, Annual) tables that use currently use the EIA when preparing information • EIA–815, Monthly Terminal disclosure limitation are: Table 28, collections and information products Blenders Report, ‘‘Refinery Input of Crude Oil and necessary to support EIA’s mission. • EIA–816, Monthly Natural Gas Petroleum Products by PAD and The purpose of the Petroleum Supply Liquids Report, Refining Districts,’’ Table 29, ‘‘Refinery Reporting System (PSRS) surveys is to • EIA–817, Monthly Tanker and Net Production of Finished Petroleum collect data to meet EIA’s mandates and Barge Movement Report, Products by PAD and Refining energy data users’ needs for credible, • EIA–819, Monthly Oxygenate Districts,’’ Table 30, ‘‘Refinery Stocks of reliable, and timely energy information Report, and Crude Oil and Petroleum Products by on the petroleum industry. Adequate • EIA–820, Annual Refinery Report. PAD and Refining Districts,’’ Table 51, evaluation of the industry requires The specific forms and data elements ‘‘Stocks of Crude Oil and Petroleum detailed, comprehensive data on in the PSRS surveys change over time to Products by PAD District,’’ Table 52, production, receipts, inputs, regional reflect the industry. However, the ‘‘Refinery, Bulk Terminal, and Natural

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Gas Plant Stocks of Selected Petroleum Issued in Washington, DC, November 14, applicability of this action to a Products by PAD District and State,’’ 2003. particular entity, consult the person Table D2, ‘‘Monthly Fuel Ethanol Guy F. Caruso, listed under FOR FURTHER INFORMATION Production and Stocks by PAD Administrator, Energy Information CONTACT. Districts,’’ and Table D3, ‘‘Monthly Administration. This action is directed to the public Methyl Tertiary Butyl Ether (MTBE) [FR Doc. 03–28993 Filed 11–19–03; 8:45 am] in general, and may be of particular Production and Stocks by PAD BILLING CODE 6450–01–P interest to those persons who are or may Districts.’’ be required to conduct testing of chemical substances under the Federal II. Current Actions ENVIRONMENTAL PROTECTION Food, Drug, and Cosmetic Act (FFDCA), Beginning in January 2004, EIA AGENCY or the FIFRA. Since other entities may also be interested, the Agency has not proposes to extend its 1986 policy of not [OPP–2003–00371; FRL–7335–1] applying disclosure limitation to attempted to describe all the specific statistics based on PSRS survey data to The Association of American Pesticide entities that may be affected by this all PSRS survey information collected Control Officials State FIFRA Issues action. If you have any questions regarding the applicability of this action under a pledge of confidentiality. With Research and Evaluation Group; to a particular entity, consult the increases in the number of different Notice of Public Meeting persons listed under FOR FURTHER petroleum products, enlarged product AGENCY: Environmental Protection INFORMATION CONTACT. detail breakdowns, and declines in the Agency (EPA). number of companies reporting on B. How Can I Get Copies of this many of the PSRS surveys, the policy ACTION: Notice. Document and Other Related Information? not to use disclosure limitation helps to SUMMARY: The State Federal Insecticide, ensure EIA’s ability to disseminate Fungicide, and Rodenticide Act 1. Docket. EPA has established an detailed petroleum, supply information. (FIFRA), Issues Research and Evaluation official public docket for this action EIA is requesting public comments on Group (SFIREG) will hold a 2–day under docket identification (ID) number this policy. This policy will result in meeting, beginning on December 8, 2003 OPP–2003–00371. The official public EIA providing the maximum amount of and ending December 9, 2003. This docket consists of the documents PSRS information to the public, and notice announces the location and times specifically referenced in this action, will facilitate public understanding of for the meeting, and sets forth the any public comments received, and the petroleum industry. However, it also tentative agenda topics. other information related to this action. means that a knowledgeable person may DATES: The meeting will be held on Although a part of the official docket, be able to estimate the value of selected Monday, December 8, 2003 from 8:30 the public docket does not include data items provided by specific a.m. until 5 p.m. and December 9, 2003, Confidential Business Information (CBI) respondents. from 8:30 a.m. until noon. or other information whose disclosure is restricted by statute. The official public III. Request for Comments ADDRESSES: The meeting will be held at the Doubletree Hotel, 300 Army-Navy docket is the collection of materials that The public should comment on the Drive, Arlington, VA. is available for public viewing at the Public Information and Records actions discussed in item II. The FOR FURTHER INFORMATION CONTACT: Integrity Branch (PIRIB), Rm. 119, questions below are the issues on which Georgia McDuffie, Field and External Crystal Mall #2, 1921 Jefferson Davis EIA is seeking public comments. Affairs Division (7506C), Office of Hwy., Arlington, VA. This docket Pesticide Programs, Environmental A. Does EIA’s proposed policy not to facility is open from 8:30 a.m. to 4 p.m., Protection Agency, 1200 Pennsylvania use disclosure limitation methods for Monday through Friday, excluding legal Ave., NW., Washington, DC 20460– statistics based on PSRS survey holidays. The docket telephone number 0001; telephone number: (703) 605– information collected under a pledge of is (703) 305–5805. 0195; fax number: (703) 308–1850; e- confidentiality and disseminated 2. Electronic access. You may access mail address: [email protected]. beginning in 2004 maximize the utility this Federal Register document Philip H. Gray, SFIREG Executive of the data to data users? electronically through the EPA Internet Secretary, P.O. Box 1249, Hardwick, VT B. Is the possibility that a under the ‘‘Federal Register’’ listings at 05843–1249; telephone number (802) knowledgeable user might be able to http://www.epa.gov/fedrgstr/. 472–6956; fax (802) 472–6957; e-mail estimate a respondent’s contribution to address: [email protected]. An electronic version of the public a statistic an acceptable risk to data docket is available through EPA’s providers? SUPPLEMENTARY INFORMATION: electronic public docket and comment Comments submitted in response to I. General Information system, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/ this notice will be considered by EIA. A. Does this Action Apply to Me? The comments will also become a to view public comments, access the matter of public record. You may be potentially affected by index listing of the contents of the this action if you are interested in official public docket, and to access After consideration of the comments, SFIREG’s information exchange those documents in the public docket EIA will issue its policy regarding the relationship with EPA regarding that are available electronically. use of disclosure limitation methods for important issues related to human Although not all docket materials may statistics based on PSRS survey data. health, environmental exposure to be available electronically, you may still The policy will be announced in a pesticides, and insight into EPA’s access any of the publicly available Federal Register notice issued by EIA. decision-making process. You are docket materials through the docket Statutory Authority: Section 52 of the invited and encouraged to attend the facility identified in Unit I.B.1. Once in Federal Energy Administration Act (Pub. L. meetings and participate as appropriate. the system, select ‘‘search,’’ then key in 93–275, 15 U.S.C. 790a). If you have any question regarding the the appropriate docket ID number.

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II. Tentative Agenda Appropriate Age Groups for Assessing SUMMARY: Under section 122(h)(1) of the This unit provides tentative agenda Childhood Exposures to Environmental Comprehensive Environmental topics for the 2–day meeting. Contaminants. (External Review Draft). Response, Compensation and Liability 1. Reports from SFIREG Regional The availability of this document was Act (CERCLA), the Environmental Representatives and Working originally announced in the Federal Protection Agency (EPA) has entered Committee Chairs. Register on September 22, 2003 (68 FR into an Agreement for Recovery of Past 2. Issues papers/action items. 55047 ). Cost (Agreement) at the AAA Metal 3. Laboratory Directors Issue Paper. DATES: Comments must be received by Refinishing & Chrome Superfund Site 4. EPA (Office of Water/Office of Monday December 22, 2003. (Site) located in Tampa, Hillsborough Pesticide Program) ‘‘Interim Statement ADDRESSES: The document is available County, Florida, with Donald Garrity, Guidance/NPDES’’/Public Comments/ via the Internet from http:// and the Donald J. Garrity Revocable Updates. cfpub.epa.gov/ncea/raf/ Trust. EPA will consider public 5. Electronic labeling. recordisplay.cfm?deid=55887. comments on the Agreement until 6. EPA/SLA Strategies/eCommerce Instructions for submitting comments December 22, 2003. EPA may withdraw enforcement compliance monitoring are provided in the July 30, 2003 from or modify the Agreement should and enforcement. Federal Register notice, which is such comments disclose facts or 7. Americans with Disabilities Act: accessible from this website. considerations which indicate the Agreement is inappropriate, improper, Issues for State pesticide program FOR FURTHER INFORMATION CONTACT: issues. or inadequate. Copies of the Agreement Marilyn Brower, Risk Assessment are available from: Ms. Paula V. 8. Pesticide, container, and product Forum Staff (8601D), 1200 Pennsylvania label disposal issues briefing. Batchelor, U.S. Environmental Ave. NW., Washington, DC 20460; Protection Agency, Region 4, Superfund 9. FIFRA ‘‘2(ee)’’ discussion. telephone: 202–564–3363; fax: 202– 10. Proposal for Pre-SFIREG Enforcement & Information Management 565–0061; e-mail: Branch, Waste Management Division, 61 cooperative agreement priority [email protected]. recommendations. Forsyth Street, SW., Atlanta, Georgia 11. Endangered Species update/ SUPPLEMENTARY INFORMATION: In the 30303, (404) 562–8887. litigation, public comment, agency September 22, 2003 Federal Register (68 Written comments may be submitted proposals. FR 55047), EPA announced the to Ann Mayweather at the above address 12. National Pesticide Field Database/ availability of, and opportunity to within 30 days of the date of update. comment on, the document entitled publication. 13. U.S. Department Of Guidance on Selecting the Appropriate Dated: October 31, 2003. Transportation hazard materiel Age Groups for Assessing Childhood Rosalind Brown, Exposures to Environmental transportation security requirements/ Chief, Superfund Information & Management briefing. Contaminants. (External Review Draft, Branch, Waste Management Division. February, 2003, EPA/630/P–03/003A). 14. Additional topics as offered via [FR Doc. 03–29002 Filed 11–19–03; 8:45 am] ongoing Regional Pre-SFIREG meetings. The comment period was scheduled to close on November 21, 2003. This notice BILLING CODE 6560–50–P List of Subjects extends the comment period until Environmental protection, Pesticide December 22, 2003. EPA will consider ENVIRONMENTAL PROTECTION and pests. all comments received by this date in AGENCY Dated: November 14, 2003. finalizing the document. As announced in the Federal Register [FRL–7589–2] Linda Vlier Moos, September 22, 2003, a panel of external Acting Associate Director, Field and External experts, organized by Versar, Inc., a Madison County Sanitary Landfill Affairs Division, Office of Pesticide Programs. contractor to EPA, will review this Superfund Site; Notice Of Settlement [FR Doc. 03–29006 Filed 11–19–03; 8:45 am] document concurrent to the public AGENCY BILLING CODE 6560–50–S : Environmental Protection comment period described in this Agency. notice. ACTION: Notice of settlement. ENVIRONMENTAL PROTECTION Dated: November 14, 2003. AGENCY Peter W. Preuss, SUMMARY: Under section 122(h)(1) of the Comprehensive Environmental [FRL–7589–3] Director, National Center for Environmental Assessment. Response, Compensation and Liability Act (CERCLA), the Environmental Notice of Extension of Public [FR Doc. 03–29005 Filed 11–19–03; 8:45 am] Protection Agency (EPA) has entered Comment Period on the Document BILLING CODE 6560–50–P into an Agreement for Recovery of Past Entitled Guidance on Selecting the and Future UAO Oversight Costs Appropriate Age Groups for Assessing (Agreement) at the Madison County Childhood Exposures to ENVIRONMENTAL PROTECTION Sanitary Landfill Superfund Site (Site) Environmental Contaminants (External AGENCY located in Madison County, Florida, Review Draft) [FRL–7589–1] with ITT Industries, Inc. and ITT AGENCY: Environmental Protection Thompson Industries, Inc. EPA will AAA Metal Refinishing & Chrome Agency (EPA). consider public comments on the Superfund Site; Notice of Proposed Agreement for thirty days. EPA may ACTION: Notice of extension of public Settlement comment period. withdraw from or modify the Agreement AGENCY: Environmental Protection should such comments disclose facts or SUMMARY: This notice extends the Agency. considerations which indicate the comment period for the document Agreement is inappropriate, improper, ACTION: Notice of Proposed Settlement. entitled Guidance on Selecting the or inadequate. Copies of the Agreement

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are available from: Ms. Paula V. FEDERAL MARITIME COMMISSION final decision of the Commission shall Batchelor, U.S. Environmental be issued by March 15, 2005. Protection Agency, Region 4, Superfund [Docket No. 03–13] Bryant L. VanBrakle, Enforcement & Information Management Secretary. Branch, Waste Management Division, 61 BAX Global Inc. v. Lykes Lines Forsyth Street, SW., Atlanta, Georgia Limited, LLC.; Notice of Filing of [FR Doc. 03–28951 Filed 11–19–03; 8:45 am] 30303, (404) 562–8887. Complaint and Assignment BILLING CODE 6730–01–M Written comment may be submitted to Greg Armstrong at the above address on Notice is given that a complaint has FEDERAL RESERVE SYSTEM or before December 22, 2003. been filed with the Federal Maritime Commission (‘‘Commission’’) by BAX Dated: November 7, 2003. Global Inc. (‘‘Complainant’’) against Change in Bank Control Notices; Anita Davis, Lykes Lines Limited, LLC Acquisition of Shares of Bank or Bank Acting Chief, Superfund Information & (‘‘Respondent’’). Complainant contends Holding Companies Management Branch, Waste Management that Respondent violated sections The notificants listed below have Division. 10(b)(2)(A), 10(b)(4)(A), 10(b)(4)(E), and applied under the Change in Bank [FR Doc. 03–29003 Filed 11–19–03; 8:45 am] 10(d)(1) of the Shipping Act, 46 U.S.C. Control Act (12 U.S.C. 1817(j)) and BILLING CODE 6560–50–P app. 1709, by: not providing service in § 225.41 of the Board’s Regulation Y (12 accordance with its published tariff; CFR 225.41) to acquire a bank or bank engaging in unfair or unjustly holding company. The factors that are discriminatory practices concerning considered in acting on the notices are EQUAL EMPLOYMENT OPPORTUNITY rates or charges, and adjustment and set forth in paragraph 7 of the Act (12 COMMISSION settlement of claims; and failing to U.S.C. 1817(j)(7)). establish, observe and enforce just and The notices are available for Sunshine Act Meeting reasonable regulations and practices. immediate inspection at the Federal Specifically, Complainant alleges that Reserve Bank indicated. The notices AGENCY HOLDING THE MEETING: Equal Respondent violated the Shipping Act also will be available for inspection at Employment Opportunity Commission. by collecting and refusing to refund the office of the Board of Governors. demurrage charges that accrued while DATE AND TIME: Tuesday, December 2, Interested persons may express their Complainant’s cargo was detained by 2003, 9:30 a.m. Eastern Time. views in writing to the Reserve Bank the U.S. Customs Service through no indicated for that notice or to the offices PLACE: Clarence M. Mitchell Conference fault of the Complainant. Complainant of the Board of Governors. Comments Room on the Ninth Floor of the EEOC requests that a hearing in this matter must be received not later than Office Building, 1801 ‘‘L’’ Street, NW., take place at the Complainant’s Irvine, December 4, 2003. Washington, DC 20507. CA offices, and seeks an order finding A. Federal Reserve Bank of Boston Respondent to have violated the STATUS: The meeting will be open to the (Richard Walker, Community Affairs sections cited above and such other and public. Officer) 600 Atlantic Avenue, Boston, further order(s) as the Commission Massachusetts 02106-2204: MATTERS TO BE CONSIDERED: determines to be proper, and awarding 1. Kenneth R. Lehman and Joan reparations for the unlawful conduct in OPEN SESSION: Abercrombie Lehman, Medway, the amount of $98,885 plus interest, Massachusetts; to acquire voting shares 1. Announcement of Notation Votes, attorney fees or such other sum at the of Service Bancorp, Inc., Medway, and Commission may determine to be Massachusetts, and thereby indirectly 2. Invited Panelists—Discussion of the proper. acquire voting shares of Strata Bank, EEOC Mediation Program and the This proceeding has been assigned to Medway, Massachusetts. Workplace Benefits of Mediation. the Office of Administrative Law Judges. B. Federal Reserve Bank of Chicago Note: Any matter not discussed or Hearing in this manner, if any is held, (Phillip Jackson, Applications Officer) concluded may be carried over to a later shall commence within the time 230 South LaSalle Street, Chicago, meeting. (In addition to publishing notices limitations prescribed in 46 CFR 502.61, Illinois 60690-1414: on EEOC Commission meetings in the and only after consideration has been 1. Randall E. Vail, Lake Mills, Federal Register, the Commission also given by the parties and the presiding Wisconsin; to acquire additional voting provides a recorded announcement a full officer to the use of alternative forms of shares of The Greenwood’s week in advance on future Commission dispute resolution. The hearing shall Bancorporation, Inc. Lake Mills, sessions. include oral testimony and cross- Wisconsin, and thereby indirectly examination in the discretion of the acquire additional voting shares of The Please telephone (202) 663–7100 presiding officer only upon proper Greenwood’s State Bank, Lake Mills, (voice) and (202) 663–4074 (TTD) at any showing that there are genuine issues of Wisconsin. time for information on these meetings. material fact that cannot be resolved on 2. Raymond Abel, Mediapolis, Iowa; FOR FURTHER INFORMATION CONTACT: the basis of sworn statements, affidavits, to retain control of Mediapolis Frances M. Hart, Executive Officer on depositions, or other documents or that Bancorporation, Mediapolis, Iowa, and (202) 663–4070. the nature of the matter in issue is such thereby indirectly retain voting shares of that an oral hearing and cross- Mediapolis Savings Bank, Mediapolis, Dated: November 18, 2003. examination are necessary for the Iowa. Frances M. Hart, development of an adequate record. 3. Kenneth and Shirley Aspelmeier, Executive Officer, Executive Secretariat. Pursuant to the further terms of 46 CFR Mediapolis, Iowa, together and with [FR Doc. 03–29179 Filed 11–18–03; 12:19 502.61, the initial decision of the Lynne McBridge of Waterloo, Iowa, pm] presiding officer in this proceeding shall David Aspelmeier, Case Aspelmeier, BILLING CODE 6750–06–M be issued by November 15, 2004 and the and Samuel Aspelmeier, all of West

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Branch, Iowa, also known as the DEPARTMENT OF HEALTH AND in 44 U.S.C. 3502(3) and 5 CFR Aspelmeier Family; to retain control of HUMAN SERVICES 1320.3(c) and includes agency requests Mediapolis Bancorporation, Mediapolis, or requirements that members of the Iowa, and thereby indirectly acquire Food and Drug Administration public submit reports, keep records, or Mediapolis Savings Bank. [Docket No. 2003D–0229] provide information to a third party. 4. Donald and Carol Schmidgall, Section 3506(c)(2)(A) of the PRA (44 Hartzell and Marian Schmidgall, Jon Agency Information Collection U.S.C. 3506(c)(2)(A)) requires Federal and Julie Schmidgall, Ronald and Jane Activities; Proposed Collection; agencies to provide a 60-day notice in Schmidgall, Mediapolis, Iowa, also Comment Request; Guidance for the Federal Register concerning each known as the Schmidgall Family; to Industry on Continuous Marketing proposed collection of information, retain control of Mediapolis Applications: Pilot 2—Scientific including each proposed extension of an Bancorporation, Mediapolis, Iowa, and Feedback and Interactions During existing collection of information, thereby indirectly acquire Mediapolis Development of Fast Track Products before submitting the collection to OMB Savings Bank, Mediapolis, Iowa. Under the Prescription Drug User Fee for approval. To comply with this requirement, FDA is publishing notice Board of Governors of the Federal Reserve Act System, November 14, 2003. of the proposed collection of AGENCY: Food and Drug Administration, information set forth in this document. Robert deV. Frierson, HHS. With respect to the following Deputy Secretary of the Board. ACTION: Notice. collection of information, FDA invites [FR Doc. 03–28940 Filed 11–19–03; 8:45 am] comments on these topics: (1) Whether BILLING CODE 6210–01–S SUMMARY: The Food and Drug the proposed collection of information Administration (FDA) is announcing an is necessary for the proper performance opportunity for public comment on the of FDA’s functions, including whether GENERAL SERVICES proposed collection of certain the information will have practical ADMINISTRATION information by the agency. Under the utility; (2) the accuracy of FDA’s Paperwork Reduction Act of 1995 (the estimate of the burden of the proposed Office of Governmentwide Policy; PRA), Federal agencies are required to collection of information, including the Revision of the Standard Form 1103 publish notice in the Federal Register validity of the methodology and concerning each proposed collection of assumptions used; (3) ways to enhance AGENCY: Office of Governmentwide information including each proposed the quality, utility, and clarity of the Policy, GSA. extension of an existing collection of information to be collected; and (4) ACTION: Notice. information, and to allow 60 days for ways to minimize the burden of the public comment in response to the collection of information on SUMMARY: The General Services notice. This notice solicits comments on respondents, including through the use Administration, Office of the information collection contained in of automated collection techniques, Governmentwide Policy revised the guidance for industry on Continuous when appropriate, and other forms of Standard Form 1103, U.S. Government Marketing Applications: Pilot 2— information technology. Bill of Lading to reflect the new Scientific Feedback and Interactions Guidance for Industry on Continuous regulation on transportation payments During Development of Fast Track Marketing Applications: Pilot 2— and audits. This form is now used only Products Under the Prescription Drug Scientific Feedback and Interactions for overseas and international User Fee Act of 1992 (PDUFA). shipments. All other shipments follow During Development of Fast Track DATES: Submit written or electronic the procedures in 41 CFR 102–118. Products Under the Prescription Drug comments on the collection of User Fee Act (OMB Control Number SF 1103 (which new title is U.S. information by January 20, 2004. Government Bill of Lading— 0910–0518) ADDRESSES: International and Domestic Overseas Submit electronic FDA is requesting OMB approval Shipments) is authorized for local comments on the collection of under the PRA (44 U.S.C. 3507) for the reproduction. You can obtain the information to: http://www.fda.gov/ reporting and recordkeeping updated camera copy in two ways: dockets/ecomments. Submit written requirements contained in the guidance On the Internet. Address: http:// comments on the collection of for industry entitled ‘‘Continuous w3.gsa.gov//web/c/newform.nsf/ information to the Division of Dockets Marketing Applications: Pilot 2— MainMenu?OpenForm, or; Management (HFA–305), Food and Drug Scientific Feedback and Interactions From GSA, Forms Management, Attn.: Administration, 5630 Fishers Lane, rm. During Development of Fast Track Barbara Williams, (202) 501–0581. 1061, Rockville, MD 20852. All Products Under Prescription Drug User comments should be identified with the FOR FURTHER INFORMATION CONTACT: Ms. Fee Act.’’ This guidance discusses how docket number found in brackets in the the agency will implement a pilot Barbara Williams, General Services heading of this document. Administration, (202) 501–0581 for program for frequent scientific feedback FOR FURTHER INFORMATION CONTACT: availability of the form and Ed Davis, and interactions between FDA and Karen Nelson, Office of Management General Services Administration (202) applicants during the investigational Programs (HFA–250), Food and Drug 208–7638 for any other information. phase of the development of certain Fast Administration, 5600 Fishers Lane, Track drug and biological products. DATES: Effective November 20, 2003. Rockville, MD 20857, 301–827–1482. Applicants are being asked to apply to Dated: November 5, 2003. SUPPLEMENTARY INFORMATION: Under the participate in the pilot 2 program. Barbara M. Williams, PRA (44 U.S.C. 3501–3520), Federal In conjunction with the June 2002 Deputy Standard and Optional Forms agencies must obtain approval from the reauthorization of the PDUFA, FDA Management Officer, General Services Office of Management and Budget agreed to meet specific performance Administration. (OMB) for each collection of goals (PDUFA goals). The PDUFA goals [FR Doc. 03–28939 Filed 11–19–03; 8:45 am] information they conduct or sponsor. include two pilot programs to explore BILLING CODE 6820–34–M ‘‘Collection of information’’ is defined the continuous marketing application

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(CMA) concept. The CMA concept INDs. Both 21 CFR part 312 and FDA scientific feedback and interactions with builds on the current practice of Form 1571 have a valid OMB control FDA and the potential for such interaction between FDA and applicants number (OMB control number 0910– communication to benefit public health during drug development and 0014), which expires January 31, 2006. by improving the efficiency of the application review and proposes In the guidance document, CDER and product development program; and opportunities for improvement. Under CBER ask that a pilot 2 application be • Draft agreement for proposed the CMA pilot program, pilot 2, certain submitted as an amendment to the feedback and interactions with FDA. drug and biologic products that have application for the underlying product This information will be used by the been designated as Fast Track (i.e., under the requirements of § 312.23; agency to determine which Fast Track products intended to treat a serious and/ therefore, pilot 2 applications should be products are eligible for participation in or life-threatening disease for which submitted to the agency in triplicate pilot 2. Participation in this pilot there is an unmet medical need) are with Form FDA 1571. The agency program will be voluntary. eligible to participate in the program. recommends that a pilot 2 application Based on the number of approvals for Pilot 2 is an exploratory program that be submitted in this manner for two Fast Track designations and data will allow FDA to evaluate the impact reasons: (1) To ensure that each pilot 2 collected from the review divisions and of frequent scientific feedback and application is kept in the administrative offices within CDER and CBER, FDA interactions with applicants during the file with the entire underlying estimates that in fiscal year 2002, 109 investigational new drug application application, and (2) to ensure that drug product applications and 46 (IND) phase. Under the pilot program, a pertinent information about the pilot 2 biological products had Fast Track maximum of one Fast Track product per application is entered into the designation. FDA anticipates that review division in the Center for Drug appropriate tracking data bases. Use of approximately 85 drug product Evaluation and Research (CDER) and the the information in the agency’s tracking applicants (respondents) and Center for Biologics Evaluation and databases enables the agency to monitor approximately 29 biological product Research (CBER) will be selected to progress on activities. participate. This guidance provides Under the guidance, the agency asks applicants (respondents) will submit at information regarding the selection of applicants to include the following least one pilot 2 application. Based on participant applications for pilot 2, the information in the pilot 2 application: information collected from offices formation of agreements between FDA • Cover letter prominently labeled within CDER and CBER, the agency and applicants on the IND ‘‘Pilot 2 Application;’’ further anticipates that the total communication process, and other • IND number; responses, i.e., the total number of procedural aspects of pilot 2. FDA will • Date of Fast Track designation; applications received for pilot 2, will be begin accepting applications for • Date of the end-of-phase 1 meeting, 90 for drug products and 35 for participation in pilot 2 on October 1, or equivalent meeting, and summary of biological products. The hours per 2003. the outcome; response, which is the estimated The guidance describes one collection • A timeline of milestones from the number of hours that a respondent of information: Applicants who would drug or biological product development would spend preparing the information like to participate in pilot 2 must submit program, including projected date of to be submitting in a pilot 2 application an application (pilot 2 application) NDA/biologic license application in accordance with the guidance, is containing certain information outlined submissions; estimated to be approximately 80 hours. in the guidance. The purpose of the • Overview of the proposed product Based on FDA’s experience, we expect pilot 2 application is for the applicants development program for a specified it will take respondents this amount of to describe how their designated Fast disease and indication(s), providing time to obtain and draft the information Track product would benefit from information about each of the review to be submitted with a pilot 2 enhanced communications between the disciplines (e.g., chemistry/ application. Therefore, the agency FDA and the applicant during the manufacturing/controls, pharmacology/ estimates that applicants will use product development process. toxicology, clinical, clinical approximately 10,000 hours to complete FDA’s regulation at § 312.23 (21 CFR pharmacology, and biopharmaceutics); the pilot 2 applications. 312.23) states that information provided • Rationale for interest in On September 29, 2003, this guidance to the agency as part of an IND must be participating in pilot 2, specifying the was approved on an emergency basis, submitted in triplicate and with an ways in which development of the which expires on March 30, 2004. This appropriate cover form. Form FDA 1571 subject drug or biological product notice of request is to receive approval must accompany submissions under would be improved by frequent in the normal PRA process.

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

No. of Responses per Hours per Pilot 2 Application No. of Respondents Respondent Total Responses Response Total Hours

CDER 85 1.06 90 80 7,200

CBER 29 1.20 35 80 2,800

Total 10,000 1 There are no capital costs or operating and maintenance costs associated with this collection of information.

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Dated: November 14, 2003. Agenda: Program reports and Date: December 10, 2003. Jeffrey Shuren, presentations; Business of the Board. Time: 5 p.m. to 6 p.m. Contact Person: Dr. Paulette S. Gray, Agenda: To review and evaluate grant Assistant Commissioner for Policy. Executive Secretary, National Cancer applications. [FR Doc. 03–28984 Filed 11–19–03; 8:45 am] Institute, National Institutes of Health, 6116 Place: National Institutes of Health, Two BILLING CODE 4160–01–S Executive Boulevard, 8th Floor, Room 8141, Democracy Plaza, 6707 Democracy Bethesda, MD 20892–8327, (301) 496–4218. Boulevard, Bethesda, MD 20892, (Telephone This meeting is being published less than Conference Call). DEPARTMENT OF HEALTH AND 15 days prior to the meeting due to Contact Person: Maria E. Davila-Bloom, HUMAN SERVICES scheduling conflicts. PhD, Scientific Review Administrator, Any interested person may file written Review Branch, DEA, NIDDK, National National Institutes of Health comments with the committee by forwarding Institutes of Health, Room 758, 6707 the statement to the Contact Person listed on Democracy Boulevard, Bethesda, MD 20892– National Cancer Institute; Notice of this notice. The statement should include the 5452, (301) 594–7637, davila- Meeting name, address, telephone number and when [email protected]. applicable, the business or professional Name of Committee: National Institute of Pursuant to section 10(d) of the affiliation of the interested person. Diabetes and Digestive and Kidney Diseases Federal Advisory Committee Act, as Information is also available on the Special Emphasis Panel, Multi-Center amended (5 U.S.C. Appendix 2), notice Institute’s/Center’s Home page: Clinical Trial on Liver Disease. deainfo.nci.nih.gov/advisory/ncab.htm, Date: December 12, 2003. is hereby given of the meeting of the where an agenda and any additional Time: 11 a.m. to 12 p.m. National Cancer Advisory Board. information for the meeting will be posted Agenda: To review and evaluate grant The meeting will be open to the when available. applications. public as indicated below, with Place: National Institutes of Health, Two attendance limited to space available. (Catalogue of Federal Domestic Assistance Democracy Plaza, 6707 Democracy Individuals who plan to attend and Program Nos. 93.392, Cancer Construction; Boulevard, Bethesda, MD 20892, (Telephone 93.393, Cancer Cause and Prevention Conference Call). need special assistance, such as sign Research; 93.394, Cancer Detection and language interpretation or other Contact Person: Carolyn Miles, PhD, Diagnosis Research; 93.395, Cancer Scientific Review Administrator, Review reasonable accommodations, should Treatment Research; 93.396, Cancer Biology Branch, DEA, NIDDK, National Institutes of notify the Contact Person listed below Research; 93.397, Cancer Centers Support; Health, Room 755, 6707 Democracy in advance of the meeting. 93.398, Cancer Research Manpower; 93.399, Boulevard, Bethesda, MD 20892–5452, (301) A portion of the meeting will be Cancer Control, National Institutes of Health, 594–7791, [email protected]. HHS) closed to the public in accordance with (Catalogue of Federal Domestic Assistance Dated: November 13, 2003. the provisions set forth in sections Program Nos. 93.847, Diabetes, 552b(c)(4), and 552b(c)(6), as amended. LaVerne Y. Stringfield, Endocrinology and Metabolic Research; The grant applications and the Director, Office of Federal Advisory 93.848, Digestive Diseases and Nutrition discussions could disclose confidential Committee Policy. Research; 93.849, Kidney Diseases, Urology trade secrets or commercial property [FR Doc. 03–28982 Filed 11–19–03; 8:45 am] and Hematology Research, National Institutes such as patentable material, and BILLING CODE 4140–01–M of Health, HHS) personal information concerning Dated: November 13, 2003. individuals associated with the grant LaVerne Y. Stringfield, application, the disclosure of which DEPARTMENT OF HEALTH AND Director, Office of Federal Advisory would constitute a clearly unwarranted HUMAN SERVICES Committee Policy. invasion of personal privacy. [FR Doc. 03–28976 Filed 11–19–03; 8:45 am] National Institutes Health Name of Committee: National Cancer BILLING CODE 4140–01–M Advisory Board. National Institute of Diabetes and Open: December 2, 2003, 8 to 4. Digestive and Kidney Diseases; Notice DEPARTMENT OF HEALTH AND Agenda: Program reports and of Closed Meetings presentations; Business of the Board. HUMAN SERVICES Place: National Cancer Institute, 9000 Pursuant to section 10(d) of the Rockville Pike, Building 31, C Wing, 6th Federal Advisory Committee Act, as National Institutes of Health Floor, Conference Room 10, Bethesda, MD amended (5 U.S.C. Appendix 2), notice 20892. National Institute on Alcohol Abuse is hereby given of the following Contact Person: Dr. Paulette S. Gray, and Alcoholism; Notice of Closed Executive Secretary, National Cancer meetings. Meetings Institute, National Institutes of Health, 6116 The meetings will be closed to the Executive Boulevard, 8th Floor, Room 8141, public in accordance with the Pursuant to section 10(d) of the Bethesda, MD 20892–8327, (301) 496–4218. provisions set forth in sections Federal Advisory Committee Act, as Name of Committee: National Cancer 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., amended (5 U.S.C. Appendix 2), notice Advisory Board. as amended. The grant applications and is hereby given of the following Closed: December 2, 2003, 4 to Recess. the discussions could disclose meetings. Agenda: Review intramural program site confidential trade secrets or commercial The meetings will be closed to the visit outcomes; Discussion of confidential property such as patentable material, public in accordance with the personnel issues. and personal information concerning provisions set forth in sections Contact Person: Dr. Paulette S. Gray, individuals associated with the grant 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Executive Secretary, National Cancer Institute, National Institutes of Health, 6116 applications, the disclosure of which as amended. The grant applications and Executive Boulevard, 8th Floor, Room 8141, would constitute a clearly unwarranted the discussions could disclose Bethesda, MD 20892–8327, (301) 496–4218. invasion of personal privacy. confidential trade secrets or commercial Name of Committee: National Cancer Name of Committee: National Institute of property such as patentable material, Advisory Board. Diabetes and Digestive and Kidney Diseases and personal information concerning Open: December 3, 2003, 8 to Special Emphasis Panel, Transplant individuals associated with the grant Adjournment. Immunology. applications, the disclosure of which

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would constitute a clearly unwarranted Emphasis Panel, Review of Fellowship Institute of Arthritis and Musculosketetal and invasion of personal privacy. Applications (F31 & F31). Skin Diseases, 6701 Democracy Blvd., Suite Date: December 17, 2003. 820, Bethesda, MD 20892, (301) 594–4957. Name of Committee: National Institute on Time: 9 a.m. to 5 p.m. This notice is being published less that 15 Alcohol Abuse and Alcoholism Special Agenda: To review and evaluate grant Emphasis Panel, Contract Review. days prior to the meeting due to the timing applications. limitations imposed by the review and Date: December 2, 2003. Place: The River Inn, 924 Twenty-Fifth funding cycle. Time: 8:30 a.m. to 2 p.m. Street, NW., Washington, DC 20037. Agenda: To review and evaluate contract Contact Person: Dorita Sewell, PhD, (Catalogue of Federal Domestic Assistance proposals. Scientific Review Administrator, Extramural Place: Holiday Inn Select Bethesda, 8120 Program Nos. 93.846, Arthritis, Project Review Branch, Office of Scientific Musculoskeletal and Skin Diseases Research, Wisconsin Ave., Bethesda, MD 20814. Affairs, National Institute on Alcohol Abuse National Institutes of Health, HHS) Contact Person: Jeffrey I. Toward, PhD, and Alcoholism, National Institutes of Scientific Review Administrator, National Health, 6000 Executive Blvd., Suite 409, Dated: November 13, 2003. Institutes of Health, National Institute on Bethesda, MD 20892, (301) 443–2890, LaVerne Y. Stringfield, Alcohol Abuse and Alcoholism, Extramural [email protected]. Project Review Branch, 6000 Executive Blvd., Director, Office of Federal Advisory Suite 409, Bethesda, MD 20892–7003, (301) (Catalogue of Federal Domestic Assistance Committee Policy. 435–5337. Program Nos. 93.271, Alcohol Research [FR Doc. 03–28979 Filed 11–19–03; 8:45 am] Career Development Awards for Scientists Name of Committee: National Institute on BILLING CODE 4140–01–M Alcohol Abuse and Alcoholism Special and Clinicians; 93.272, Alcohol National Emphasis Panel, Rapid Response to College Research Service Awards for Research Drinking—U18 Application. Training; 93.273, Alcohol Research Programs; 93.891, Alcohol Research Center Grants, DEPARTMENT OF HEALTH AND Date: December 9, 2003. HUMAN SERVICES Time: 1 p.m. to 3 p.m. National Institutes of Health, HHS) Dated: November 13, 2003. Agenda: To review and evaluate grant National Institutes of Health applications. LaVerne Y. Stringfield, Place: National Institutes of Health, Wilco Director, Office of Federal Advisory National Institute on Drug Abuse; Building, 6000 Executive Boulevard, Committee Policy. Bethesda, MD 20892, (Telephone Conference Notice of Closed Meeting Call). [FR Doc. 03–28978 Filed 11–19–03; 8:45 am] Contact Person: Jeffrey I. Toward, PhD, BILLING CODE 4140–01–M Pursuant to section 10(d) of the Scientific Review Administrator, National Federal Advisory Committee Act, as Institutes of Health, National Institute on amended (5 U.S.C. Appendix 2), notice Alcohol Abuse and Alcoholism, Extramural DEPARTMENT OF HEALTH AND is hereby given of the following Project Review Branch, 6000 Executive Blvd., HUMAN SERVICES meeting. Suite 409, Bethesda, MD 20892–7003, (301) 435–5337. National Institutes of Health The meeting will be closed to the Name of Committee: National Institute on public in accordance with the Alcohol Abuse and Alcoholism Special National Institute of Arthritis and provisions set forth in sections Emphasis Panel, Training Grants Review— Musculoskeletal and Skin Diseases; 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., T32. Notice of Closed Meeting as amended. The contract proposals and Date: December 11, 2003. the discussions could disclose Time: 8 a.m. to 5 p.m. Pursuant to section 10(d) of the confidential trade secrets or commercial Agenda: To review and evaluate grant Federal Advisory Committee Act, as property such as patentable material, applications. amended (5 U.S.C. Appendix 2), notice and personal information concerning Place: Holiday Inn Select Bethesda, 8120 is hereby given of the following Wisconsin Ave., Bethesda, MD 20814. individuals associated with the contract meeting. proposals, the disclosure of which Contact Person: Jeffrey I. Toward, PhD, The meeting will be closed to the would constitute a clearly unwarranted Scientific Review Administrator, National public in accordance with the Institutes of Health, National Institute on invasion of personal privacy. Alcohol Abuse and Alcoholism, Extramural provisions set forth in sections Name of Committee: National Institute on Project Review Branch, 6000 Executive Blvd., 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Suite 409, Bethesda, MD 20892–7003, (301) as amended. The grant applications and Drug Abuse Special Emphasis Panel, 435–5337. the discussions could disclose ‘‘Clinical Trials Network Pharmacy Support’’. Date: December 19, 2003. Name of Committee: National Institute on confidential trade secrets or commercial Alcohol Abuse and Alcoholism Special property such as patentable material, Time: 9 a.m. to 5 p.m. Emphasis Panel, Rapid Response to College and personal information concerning Agenda: To review and evaluate contract proposals. Drinking—U18 application. individuals associated with the grant Place: Double Tree Rockville, 1750 Date: December 16, 2003. applications, the disclosure of which Time: 1 p.m. to 3 p.m. Rockville Pike, Rockville, MD 20852. Agenda: To review and evaluate grant would constitute a clearly unwarranted Contact Person: Eric Zatman, Contract applications. invasion of personal privacy. Review Specialist, Office of Extramural Place: National Institutes of Health, Wilco Name of Committee: National Institute of Affairs, National Institute on Drug Abuse, Building, 6000 Executive Boulevard, Arthritis and Musculoskeletal and Skin NIH, DHHS, Room 220, MSC 8401, 6101 Bethesda, MD 20892, (Telephone Conference Diseases Special Emphasis Panel; Review of Executive Boulevard, Bethesda, MD 20892– Call). Research Service Awards—T32. 8401, (301) 435–1438. Contact Person: Jeffrey I. Toward, PhD, Date: November 21, 2003. Scientific Review Administrator, National Time: 1:30 p.m. to 2:30 p.m.. (Catalogue of Federal Domestic Assistance Institutes of Health, National Institute on Agenda: To review and evaluate grant Program Nos. 93.277, Drug Abuse Scientist Alcohol Abuse and Alcoholism, Extramural applications. Development Award for Clinicians, Scientist Project Review Branch, 6000 Executive Blvd., Place: Room 820, One Democracy Plaza, Development Awards, and Research Scientist Suite 409, Bethesda, MD 20892–7003, (301) 6701 Democracy Boulevard, Bethesda, MD Awards; 93.278, Drug Abuse National 435–5337. 20892, (Telephone Conference Call). Research Service Awards for Research Name of Committee: National Institute on Contact Person: Yan Z Wang, PhD, Training; 93.279, Drug Abuse Research Alcohol Abuse and Alcoholism Special Scientific Review Administrator, National Programs, National Institutes of Health, HHS)

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Dated: November 13, 2003. Dated: November 13, 2003. limitations imposed by the review and LaVerne Y. Stringfield, LaVerne Y. Stringfield, funding cycle. Director, Office of Federal Advisory Director, Office of Federal Advisory Name of Committee: Center for Scientific Review Special Emphasis Panel, ZRG–1 SSS8 Committee Policy. Committee Policy. 02 Member Conflict. [FR Doc. 03–28981 Filed 11–19–03; 8:45 am] [FR Doc. 03–28980 Filed 11–19–03; 8:45 am] Date: November 26, 2003. BILLING CODE 4140–01–M BILLING CODE 4140–01–M Time: 1 p.m. to 3:30 p.m. Agenda: To review and evaluate grant applications. DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Place: National Institutes of Health, 6701 HUMAN SERVICES HUMAN SERVICES Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call). National Institutes of Health Contact Person: Paul Parakkal, PhD, National Institutes of Health Scientific Review Administrator, Center for Center for Scientific Review; Notice of Scientific Review, National Institutes of National Institute of Mental Health; Closed Meetings Health, 6701 Rockledge Drive, Room 5122, Notice of Closed Meeting MSC 7854, Bethesda, MD 20892, 301–435– Pursuant to section 10(d) of the 1176, [email protected]. Pursuant to section 10(d) of the Federal Advisory Committee Act, as This notice is being published less than 15 Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice days prior to the meeting due to the timing amended (5 U.S.C. Appendix 2), notice is hereby given of the following limitations imposed by the review and funding cycle. is hereby given of a meeting of the meetings. Board of Scientific Counselors, National Name of Committee: Center for Scientific The meetings will be closed to the Review Special Emphasis Panel, Review of Institute of Mental Health. The Meeting public in accordance with the Two Protein Biophysics Proposals. will be closed to the public as indicated provisions set forth in sections Date: December 3, 2003. below in accordance with the provisions 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Time: 3 p.m. to 5 p.m. set forth in section 552b(c)(6), Title 5 as amended. The grant applications and Agenda: To review and evaluate grant U.S.C., as amended for the review, the discussions could disclose applications. discussion, and evaluation of individual confidential trade secrets or commercial Place: National Institutes of Health, 6701 property such as patentable material, Rockledge Drive, Bethesda, MD 20892, intramural programs and projects (Telephone Conference Call). conducted by the National Institute of and personal information concerning Contact Person: Sergei Ruvinov, PhD, Mental Health, including consideration individuals associated with the grant Scientific Review Administrator, Center for of personnel qualifications and applications, the disclosure of which Scientific Review, National Institutes of performance, and the competence of would constitute a clearly unwarranted Health, 6701 Rockledge Drive, Room 4158, individual investigators, the disclosure invasion of personal privacy. MSC 7806, Bethesda, MD 20892, (301) 435– 1180, [email protected]. of which would constitute a clearly Name of Committee: Center for Scientific unwarranted invasion of personal Review Special Emphasis Panel, 2RG1 SSS 8 Name of Committee: Center for Scientific Review Special Emphasis Panel, Tailored privacy. 03 Member Conflict. Date: November 18, 2003. Intervention for Melanoma Patients’ Name of Committee: Board of Scientific Time: 1 p.m. to 3 p.m. Families. Counselors, National Institute of Mental Agenda: To review and evaluate grant Date: December 4, 2003. Health, Review of Laboratory of Cellular and applications. Time: 1 p.m. to 1:45 p.m. Molecular Regulation and Section on Place: National Institutes of Health, 6701 Agenda: To review and evaluate grant applications. Molecular Neurobiology. Rockledge Drive, Bethesda, MD 20892, Place: National Institutes of Health, 6701 Date: November 30–December 2, 2003. (Telephone Conference Call). Rockledge Drive, Bethesda, MD 20892, Time: 8: p.m. to 3 p.m. Contact Person: Paul Parakkal, PhD, Scientific Review Administrator, Center for (Telephone Conference Call). Agenda: To review and evaluate personal Scientific Review, National Institutes of Contact Person: Lee S. Mann, MA, JD, PhD, qualifications and performance, and Health, 6701 Rockledge Drive, Room 5122, Scientific Review Administrator, Center for competence of individual investigators. MSC 7854, Bethesda, MD 20892, 301–435– Scientific Review, National Institutes of Place: National Institutes of Health, 1176, [email protected]. Health, 6701 Rockledge Drive, Room 3186, Building 36, 9000 Rockville Pike, Room 1B07 This notice is being published less than 15 MSC 7848, Bethesda, MD 20892, (301) 435– Bethesda, MD 20892. days prior to the meeting due to the timing 0677, [email protected]. Contact Person: Susan Koester, PhD., limitations imposed by the review and Name of Committee: Center for Scientific Executive Secretary Associate Director for funding cycle. Review Special Emphasis Panel, Care for Science, Intramural Research Program, Name of Committee: Center for Scientific HCT Caregivers: A Randomized Intervention National Institute of Mental Health, NIH, Review Special Emphasis Panel, EGFR Trial. Building 10, Room 4N222, MSC 1381, Signaling in Human Tumors. Date: December 5, 2003. Time: 9:30 a.m. to 10:30 a.m. Bethesda, MD 20892–1381, 301–496–3501. Date: November 18, 2003. Time: 5:30 p.m. to 7 p.m. Agenda: To review and evaluate grant This notice is being published less than 15 applications. days prior to the meeting due to the urgent Agenda: To review and evaluate grant applications. Place: National Institutes of Health, 6701 need to meet timing limitations imposed by Place: National Institutes of Health, 6701 Rockledge Drive, Bethesda, MD 20892, the intramural research review cycle. Rockledge Drive, Bethesda, MD 20892, (Telephone Conference Call). Contact Person: Lee S. Mann, MA, JD, PhD, (Catalogue of Federal Domestic Assistance (Telephone Conference Call). Contact Person: Elaine Sierra-Rivera, PhD, Scientific Review Administrator, Center for Program Nos. 93.242, Mental Health Research Scientific Review Administrator, Center for Scientific Review, National Institutes of Grants; 93.281, Scientist Development Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3186, Award, Scientist Development Award for Health, 6701 Rockledge Drive, Room 6184, MSC 7848, Bethesda, MD 20892, (301) 435– Clinicians, and Research Scientist Award; MSC 7804, Bethesda, MD 20892, 301–435– 0677, [email protected]. 93.282, Mental Health National Research 1779, [email protected]. Name of Committee: Center for Scientific Service Awards for Research Training, This notice is being published less than 15 Review Special Emphasis Panel, Cancer and National Institutes of Health, HHS) days prior to the meeting due to the timing Internet Support Groups.

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Date: December 8, 2003. Name of Committee: Center for Scientific Contact Person: Mary Clare Walker, PhD, Time: 11 a.m. to 12 p.m. Review Special Emphasis Panel, ELSI Scientific Review Administrator, Center for Agenda: To review and evaluate grant Member Conflict Review. Scientific Review, National Institutes of applications. Date: December 10, 2003. Health, 6701 Rockledge Drive, Room 5104, Place: National Institutes of Health, 6701 Time: 11 a.m. to 2 p.m. MSC 7852, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20814, Agenda: To review and evaluate grant 1165, [email protected]. (Telephone Conference Call). applications. (Catalogue of Federal Domestic Assistance Contact Person: Deborah L. Young-Hyman, Place: National Institutes of Health, Program Nos. 93.306, Comparative Medicine; PhD, Scientific Review Administrator, Center Building 31, Bethesda, MD 20892, 93.333, Clinical Research, 93.306, 93.333, for Scientific Review, National Institutes of (Telephone Conference Call). 93.337, 93.393–93.396, 93.837–93.844, Health, 6701 Rockledge Drive, Room 4188, Contact Person: Rudy O. Pozzatti, PhD, MSC 7808, Bethesda, MD 20892, (301) 451– 93.846–93.878, 93.892, 93.893, National Scientific Review Administrator, Scientific Institutes of Health, HHS) 8008, [email protected]. Review Branch, National Human Genome Name of Committee: Center for Scientific Research Institute, National Institutes of Dated: November 13, 2003. Review Special Emphasis Panel, Nursing Health, Buildign 31, Room B2B37, Bethesda, LaVerne Y. Stringfield, Research: Child and Family. MD 20892, (301) 402–0838, Director, Office of Federal Advisory Date: December 8, 2003. [email protected]. Committee Policy. Time: 1 p.m. to 3 p.m. Name of Committee: Center for Scientific [FR Doc. 03–28983 Filed 11–19–03; 8:45 am] Agenda: To review and evaluate grant Review Special Emphasis Panel, AIDS BILLING CODE 4140–01–M applications. Clinical and Metabolic Diseases. Place: National Institutes of Health, 6701 Date: December 10, 2003. Rockledge Drive, Bethesda, MD 20892, Time: 11 a.m. to 1 p.m. (Telephone Conference Call). DEPARTMENT OF HEALTH AND Agenda: To review and evaluate grant HUMAN SERVICES Contact Person: Gertrude K. McFarland, applications. FAAN, DNSC, Scientific Review Place: National Institutes of Health, 6701 National Institutes of Health Administrator, Center for Scientific Review, Rockledge Drive, Bethesda, MD 20892, National Institutes of Health, 6701 Rockledge (Telephone Conference Call). Drive, Room 3156, MSC 7770, Bethesda, MD Clinical Center; Amended Notice of Contact Person: Abraham P. Bautista, MS, 20892, (301) 435–1784, [email protected]. PhD, Scientist Review Administrator, Center Meeting Name of Committee: Center for Scientific for Scientific Review, National Institutes of Review Special Emphasis Panel, Cortex. Notice is hereby given of a change in Health, 6701 Rockledge Drive, Room 5102, the meeting of the Board of Governors Date: December 9, 2003. MSC 7852, Bethesda, MD 20892, (301) 435– Time: 1 p.m. to 3 p.m. 1506, [email protected]. of the Warren Grant Magnuson Clinical Agenda: To review and evaluate grant Center, November 21, 2003, 9 a.m. to Name of Committee: Center for Scientific applications. Review Special Emphasis Panel, Genomic November 21, 2003, 12 p.m., which was Place: National Institutes of Health, 6701 published in the Federal Register on Rockledge Drive, Bethesda, MD 20892, Technology and Cytogenetics. Date: December 10, 2003. October 20, 2003, FR 68, 202–59946. (Telephone Conference Call). The meeting is being changed from Contact Person: Bernard F. Driscoll, PhD, Time: 12 p.m. to 3 p.m. Scientific Review Administrator, Center for Agenda: To review and evaluate grant open to partially closed. The meeting Scientific Review, National Institutes of applications. will be closed from 10:45 to 11:30 in Health, 6701 Rockledge Drive, Room 5184, Place: National Institutes of Health, 6701 accordance with the provisions set forth MSC 7844, Bethesda, MD 20892, (301) 435– Rockledge Drive, Bethesda, MD 20892, in section 522b(c)(6), Title 5 U.S.C., as 1242, [email protected]. (Telephone Conference Call). amended for discussion of personal Contact Person: Sally Ann Amero, PhD, qualifications and performance, the Name of Committee: Center for Scientific Scientific Review, Administrator, Center for Review Special Emphasis Panel, Global Scientific Review, National Institutes of disclosure of which would constitute a Health Research Initative Program for New Health, 6701 Rockledge Drive, Room 4190, clearly unwarranted invasion of person Foreign Investigators. MSC 7826, Bethesda, MD 20892, 301–435– privacy. Date: December 10, 2003. 1159, [email protected]. Time: 8:30 a.m. to 4:30 p.m. Dated: November 13, 2003. Agenda: To review and evaluate grant Name of Committee: Center for Scientific LaVerne Y. Stringfield, Review Special Emphasis Panel, Fungal applications. Director, Office of Federal Advisory Pathogenesis. Place: National Institutes of Health, 6701 Committee Policy. Rockledge Drive, Bethesda, MD 20892, Date: December 11, 2003. [FR Doc. 03–28977 Filed 11–19–03; 8:45 am] (Telephone Conference Call). Time: 1:30 p.m. to 3:30 p.m. Contact Person: Ping Fan, MD, PhD, Agenda: To review and evaluate grant BILLING CODE 4140–01–M Scientific Review Administrator, National applications. Institutes of Health, Center for Scientific Place: National Institutes of Health, 6701 Review, 6701 Rockledge Drive, Room 5154, Rockledge Drive, Bethesda, MD 20892, DEPARTMENT OF HOMELAND MSC 7840, Bethesda, MD 20892, (301) 435– (Telephone Conference Call). SECURITY 1740, [email protected]. Contact Person: Alexander D. Politis, PhD, Name of Committee: Center for Scientific Scientific Review Administrator, Center for Office of the Chief Information Officer; Review Special Emphasis Panel, EAR. Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 3210, Proposed Collection; Comment Date: December 10, 2003. Request Time: 10 a.m. to 11 a.m. MSC 7808, Bethesda, MD 20892, (301) 435– 1150, [email protected]. Agenda: To review and evaluate grant ACTION: Notice and request for applications. Name of Committee: Center for Scientific comments. Place: National Institutes of Health, 6701 Review Special Emphasis Panel, ZRG1 VACC Rockledge Drive, Bethesda, MD 20892, 03: AIDS Vaccine R21 Applications. SUMMARY: The Department of Homeland (Telephone Conference Call). Date: December 12, 2003. Security (DHS), as part of its continuing Time: 9 a.m. to 5:30 p.m. Contact Person: Joseph Kimm, PhD, effort to reduce paperwork and Scientific Review Administrator, Center for Agenda: To review and evaluate grant Scientific Review, National Institutes of applications. respondent burden, invites the general Health, 6701 Rockledge Drive, Room 5178, Place: Hilton Washington Embassy Row, public and other Federal agencies to MSC 7844, Bethesda, MD 20892, (301) 435– 2015 Massachusetts Ave., NW., Washington, take this opportunity to comment on 1249, [email protected]. DC 20036. proposed and/or continuing information

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collections, as required by the included in the request for OMB and Regulatory Affairs, OMB, Attention: Paperwork Reduction Act of 1995, Pub. approval. All comments will become a Desk Officer for the Department of L. 104–13 (44 U.S.C. 3506(c)(2)(A)). The matter of public record. Comments are Homeland Security. Office of the Chief Procurement Officer invited on: (a) Whether the collection of FOR FURTHER INFORMATION CONTACT: is soliciting comments concerning a information is necessary for the proper Requests for additional information or proposed new collection, Post-Contract performance of the functions of the copies of the form(s) and instructions Award Information. agency, including whether the should be directed to the Department of information shall have practical utility; DATES: Written comments should be Homeland Security, Office of the Chief (b) the accuracy of the agency’s estimate received on or before January 20, 2004 Procurement Officer, Acquisition Policy to be assured of consideration. of the burden of the collection of information; (c) ways to enhance the and Oversight, Attn: Angelie Jackson, ADDRESSES: Direct all written comments 245 Murray Drive, Bldg. 410 (RDS), to the Department of Homeland quality, utility, and clarity of the information to be collected; (d) ways to Washington, DC 20528; (202) 692–4211. Security, Office of the Chief Direct e-mail to [email protected], Procurement Officer, Acquisition Policy minimize the burden of the collection of information on respondents, including and reference the information collection and Oversight, Attn: Angelie Jackson, for pre-award documents. 245 Murray Drive, Bldg. 410 (RDS), and through the use of automated collection Washington, DC 20528. Direct e-mail to techniques or other forms of information SUPPLEMENTARY INFORMATION: [email protected], and reference the technology; and (e) estimates of capital Title: Solicitation of Proposal information collection for post-award or start-up costs and costs of operation, Information for Award of Public documents. Comments should also be maintenance, and purchase of services Contracts. to provide information. submitted to the Office of Information Abstract: This notice provides a and Regulatory Affairs, OMB, Attention: Steve Cooper, request to include a designated OMB Desk Officer for the Department of Chief Information Officer. Control Number on information Homeland Security. [FR Doc. 03–29049 Filed 11–19–03; 8:45 am] requested from prospective contractors. FOR FURTHER INFORMATION CONTACT: BILLING CODE 4410–10–P The information requested is specific to Requests for additional information or each acquisition solicitation, and is copies of the form(s) and instructions required for DHS to evaluate properly should be directed to the Department of DEPARTMENT OF HOMELAND the capabilities and experiences of Homeland Security, Office of the Chief SECURITY potential contractors who desire to Procurement Officer, Acquisition Policy provide the supplies and/or services to and Oversight, Attn: Angelie Jackson, Office of the Chief Information Officer be acquired. Evaluation will be used to 245 Murray Drive, Bldg. 410 (RDS), Proposed Collection; Comment determine which proposals most benefit Washington, DC 20528; (202) 692–4211. the Government. Direct e-mail to [email protected], Request and reference the information collection Current Actions: New submission. ACTION: for post-award documents. Notice and request for Type of Review: New collection. comments. SUPPLEMENTARY INFORMATION: Affected Public: Businesses and Title: Post-Contract Award SUMMARY: The Department of Homeland individuals seeking contracting Information. Security (DHS), as part of its continuing opportunities with the DHS. • This date is entered by the Office of effort to reduce paperwork and Estimated Number of Respondents: the Federal Register’s Scheduling Office. respondent burden, invites the general 7,584. Abstract: This notice provides a public and other Federal agencies to Estimated Time per Respondent: 14 request to include a designated OMB take this opportunity to comment on hours. Control Number on information proposed and/or continuing information requested from contractors. The collections, as required by the Estimated Total Annual Burden information requested is specific to each Paperwork Reduction Act of 1995, Hours: 106,176. contract, and is required for DHS, Public Law 104–13 (44 U.S.C. Request for Comments: Comments including its Organizational Elements to 3506(c)(2)(A)). Currently, the Office of submitted in response to this notice will evaluate properly the progress made the Chief Procurement Officer, be summarized and/or included in the and/or management controls used by Acquisition Policy and Oversight within request for OMB approval. All contractors providing supplies or DHS is soliciting comments concerning comments will become a matter of services to the Government and to a proposed new collection, Solicitation public record. Comments are invited on: determine contractors’ compliance with of Proposal Information for Award of (a) Whether the collection of the contracts, in order to protect the Public Contracts. information is necessary for the proper Government’s interest. DATES: Written comments should be performance of the functions of the Current Actions: New Submission. received on or before January 20, 2004, agency, including whether the Type of Review: New collection. to be assured of consideration. Affected Public: Businesses and information shall have practical utility; individuals contracting with the DHS. ADDRESSES: Direct all written comments (b) the accuracy of the agency’s estimate Estimated Number of Respondents: to the Department of Homeland of the burden of the collection of 5,574. Security, Office of the Chief information; (c) ways to enhance the Estimated Time per Respondent: 14 Procurement Officer, Acquisition Policy quality, utility, and clarity of the hours. and Oversight, Attn: Angelie Jackson, information to be collected; (d) ways to Estimated Total Annual Burden 245 Murray Drive, Bldg. 410 (RDS), minimize the burden of the collection of Hours: 78,036. Washington, DC 20528. Direct e-mail to information on respondents, including [email protected], and reference the through the use of automated collection Request for Comments: information collection for pre-award techniques or other forms of information Comments submitted in response to documents. Comments should also be technology; and (e) estimates of capital this notice will be summarized and/or submitted to the Office of Information or start-up costs and costs of operation,

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maintenance, and purchase of services requested from contractors. The new collections. In compliance with the to provide information. information is requested from Paperwork Reduction Act of 1995 (44 contractors so that the Government will U.S.C. 3501 et seq.), this notice Steve Cooper, be able to evaluate protests effectively announces five information collection Chief Information Officer. and provide prompt resolution of issues requests. Before submitting the package [FR Doc. 03–29050 Filed 11–19–03; 8:45 am] in dispute when contractors file agency to the Office of Management and Budget BILLING CODE 4410–10–P level protests. (OMB), the Department of Homeland Current Actions: New Submission. Security is soliciting comments on Type of Review: New collection. specific aspects of the collection as DEPARTMENT OF HOMELAND Affected Public: Businesses and described below. The ICR describes the SECURITY individuals seeking and who are nature of the information collection and currently contracting with the DHS. Office of the Chief Information Officer its expected cost and burden. Estimated Number of Respondents: Comments are invited on: Whether Proposed Collection; Comment 54. the proposed collections of information Estimated Total Annual Burden Request are necessary for the proper Hours: 108. performance of the functions of the ACTION: Notice and request for Request for Comments: Comments Department, including whether the comments. submitted in response to this notice will information will have practical utility; be summarized and/or included in the the accuracy of the Department’s SUMMARY: The Department of Homeland request for OMB approval. All estimate of the burden of the proposed Security (DHS), as part of its continuing comments will become a matter of information collections; ways to effort to reduce paperwork and public record. Comments are invited on: enhance the quality, utility and clarity respondent burden, invites the general (a) Whether the collection of of the information to be collected; and public and other Federal agencies to information is necessary for the proper ways to minimize the burden of the take this opportunity to comment on performance of the functions of the collection of information on proposed and/or continuing information agency, including whether the respondents, including the use of collections, as required by the information shall have practical utility; automated collection techniques or Paperwork Reduction Act of 1995, (b) the accuracy of the agency’s estimate other forms of information technology. Public Law 104–13 (44 U.S.C. of the burden of the collection of All responses to this notice will be 3506(c)(2)(A)). The Office of the Chief information; (c) ways to enhance the summarized and included in the request Procurement Officer is soliciting quality, utility, and clarity of the for OMB approval. comments concerning a proposed new information to be collected; (d) ways to DATES: Comments must be submitted on collection, Regulation on Agency minimize the burden of the collection of or before January 20, 2004. Protests. information on respondents, including ADDRESSES: Submit written comments through the use of automated collection DATES: Written comments should be identified by the DHS form numbers, by techniques or other forms of information received on or before January 20, 2004, email to [email protected] or by mail technology; and (e) estimates of capital to be assured of consideration. to the Department of Homeland or start-up costs and costs of operation, ADDRESSES: Direct all written comments Security, (OCPO, Acquisition Policy & maintenance, and purchase of services to Department of Homeland Security, Oversight), Attn: Angelie Jackson, 2456 to provide information. Office of the Chief Procurement Officer, Murray Drive, Bldg. 410(RDS), Acquisition Policy and Oversight, Attn: Steve Cooper, Washington, DC 20528. Comments Angelie Jackson, 245 Murray Drive, Chief Information Officer. should also be submitted to the Office Bldg. 410 (RDS), and Washington, DC [FR Doc. 03–29051 Filed 11–19–03; 8:45 am] of Information and Regulatory Affairs, 20528. Direct e-mail to BILLING CODE 4410–10–P OMB, Attention: Desk Officer for the [email protected], and reference the Department of Homeland Security. information collection for protests. FOR FURTHER INFORMATION CONTACT: Comments should also be submitted to DEPARTMENT OF HOMELAND Requests for additional information or the Office of Information and Regulatory SECURITY copies of the form(s) should be directed Affairs, OMB, Attention: Desk Officer to the Department of Homeland for the Department of Homeland Office of the Chief Information Officer; Security, Office of the Chief Security. Proposed Collection; Comment Procurement Officer, Acquisition Policy Request FOR FURTHER INFORMATION CONTACT: and Oversight, Attn: Angelie Jackson, 245 Murray Drive, Bldg. 410 (RDS), Requests for additional information or ACTION: Notice and request for copies of the form(s) and instructions comments. Washington, DC 20528; (202) 692–4211. should be directed to the Department of Direct e-mail to [email protected], Homeland Security, Office of the Chief SUMMARY: The Department of Homeland and reference the relative form number. Procurement Officer, Acquisition Policy Security (DHS), as part of its continuing SUPPLEMENTARY INFORMATION: and Oversight, Attn: Angelie Jackson, effort to reduce paperwork and Title: Information collection authority 245 Murray Drive, Bldg. 410 (RDS), respondent burden, invites the general under Homeland Security Acquisition Washington, DC 20528; (202) 692–4211. public and other Federal agencies to Regulation (HSAR). Form(s): DHS Form Direct e-mail to [email protected], take this opportunity to comment on 0700–01, Cumulative Claim and and reference the information collection proposed and/or continuing information Reconciliation Statement; DHS Form for protests. collections, as required by the 0700–02, Contractor’s Assignment of SUPPLEMENTARY INFORMATION: Paperwork Reduction Act of 1995, Refunds, Rebates, Credits, and other Title: Regulation on Agency Protests. Public Law 104–13 (44 U.S.C. Amounts; DHS Form 0700–03, Abstract: This notice provides a 3506(c)(2)(A)). The Office of the Chief Contractor’s Release; DHS Form 0700– request to include the designated OMB Procurement Officer is soliciting 04, Employee Claim for Wage Control Number on information comments concerning five proposed Restitution; and DHS Form 0700–05,

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Contractor Report of Government contained in (HSAR) 48 CFR Chapter 30 forms will be used by contractors and/ Property. including the following forms: DHS or contract employees during contract Abstract: The requested approval of Form 0700–01, DHS Form 0700–02, administration. the new control number covers the DHS Form 0700–03, DHS Form 0700– Annual Estimated Burden: The information and collection requirements 04, and DHS Form 0700–05. These annual estimated burden is 3,428 hours.

Total annual paper burden (total respondents × fre- Nature of burden quency × response time) = burden

* Submit forms to provide the data required by various FAR clauses to facilitate contract closeout: DHS Form 0700–01 ...... 493 × 1 × 1 = 493 DHS Form 0700–02 ...... 493 × 1 × 1= 493 DHS Form 0700–03 ...... 493 × 1 × 1= 493 * Submit claim form for non-payment of wages. Information needed to seek restitution, via the General Accounting Office for contractor employees: DHS Form 0700–04 ...... 22 × 1 × 1 = 22 * Submit annual reports of Government furnished or contractor acquired property. Ensures the proper use, ac- countability, and maintenance of Government-owned property: DHS Form 0700–05 ...... 624 × 1 × 1 = 624 * Submit report on results of physical inventory of Government property. Ensures all discrepancies in Government owned property are reported: DHS Form 0700–05 ...... 624 × 1 × 1 = 624 * Provide the quantity and unit cost of each item of Government property: DHS Form 0700–05 ...... 624 × 1 × 1 = 624

The asterisk (*) denotes that the DEPARTMENT OF HOMELAND should reach the Coast Guard on or requested information is, in the strictest SECURITY before November 24, 2003. sense of the word, contract ADDRESSES: administration data. It is not data of a Coast Guard The Subcommittee on Hazardous Cargo Transportation general nature solicited from the public [USCG–2003–16506] at large. This information is furnished to Security and the TSAC Working Group on Ammonium Nitrate will meet at the the Government by contractors who are Chemical Transportation Advisory Bayer Corporation Building, Robinson being paid to meet all the terms and Committee and Towing Safety conditions of the contract. Advisory Committee Plaza 2, 100 Bayer Road, Pittsburgh PA Current Actions: New Submission. 15205. Send written material and Type of Review: New collection. AGENCY: Coast Guard, DHS. requests to make oral presentations to Affected Public: Businesses and ACTION: Notice of meeting. Commander Robert J. Hennessy, individuals seeking and who are Executive Director of CTAC, currently contracting with the DHS. SUMMARY: The Subcommittee of the Commandant (G–MSO–3), U.S. Coast Request for Comments: Comments Chemical Transportation Advisory Guard Headquarters, 2100 Second Street submitted in response to this notice will Committee (CTAC) on Hazardous Cargo SW., Washington, DC 20593–0001. This be summarized and/or included in the Transportation Security and the Towing notice is available on the Internet at request for OMB approval. All Safety Advisory Committee (TSAC) http://dms.dot.gov. comments will become a matter of Working Group on Ammonium Nitrate public record. Comments are invited on: will meet jointly to prepare comments FOR FURTHER INFORMATION CONTACT: (a) Whether the collection of to the Coast Guard regarding the Commander Robert J. Hennessy, information is necessary for the proper potential addition of dry bulk Executive Director of CTAC, or Mr. performance of the functions of the ammonium nitrate and ammonium Gerald Miante, Assistant Executive agency, including whether the nitrate fertilizers that are classified as Director of TSAC, telephone 202–267– information shall have practical utility; oxidizers to the definition of Certain 1217, fax 202–267–4570. Dangerous Cargoes. These meetings will (b) the accuracy of the agency’s estimate SUPPLEMENTARY INFORMATION: Notice of be open to the public. of the burden of the collection of these meetings is given under the information; (c) ways to enhance the DATES: The CTAC Subcommittee on Federal Advisory Committee Act, 5 quality, utility, and clarity of the Hazardous Cargo Transportation U.S.C. App. 2. information to be collected; (d) ways to Security and the TSAC Working Group minimize the burden of the collection of on Ammonium Nitrate will meet on Agenda of Subcommittee Meeting on information on respondents, including Tuesday, December 2, 2003, from 1 p.m. December 2–3, 2003 to 4 p.m., Wednesday, December 3, through the use of automated collection Discuss potential impact to industry if techniques or other forms of information 2003, from 8 a.m. to 4 p.m. and Thursday, December 4, 2003 from 8 a.m. dry bulk ammonium nitrate and technology; and (e) estimates of capital ammonium nitrate fertilizers that are or start-up costs and costs of operation, to 4 p.m. These meetings may close early if all business is finished. Written classified as oxidizers are added to the maintenance, and purchase of services definition of Certain Dangerous Cargoes. to provide information. material and requests to make oral presentations should reach the Coast Agenda of Subcommittee Meeting on Steve Cooper, Guard on or before November 24, 2003. December 4, 2003 Chief Information Officer. Requests to have a copy of your material [FR Doc. 03–29052 Filed 11–19–03; 8:45 am] distributed to each member of the Prepare draft of the final report to BILLING CODE 4410–10–P Subcommittee and Working Group CTAC and TSAC.

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Procedural Endangered Species conducted by the applicant over a five- These meetings are open to the The public is invited to comment on year period. public. Please note that the meetings the following applications for a permit Marine Mammals may close early if all business is to conduct certain activities with The public is invited to comment on finished. At the discretion of the Chair, endangered species. This notice is the following application for a permit to members of the public may make oral provided pursuant to section 10(c) of conduct certain activities with marine presentations during the meetings. If the Endangered Species Act of 1973, as mammals. The application was you would like to make an oral amended (16 U.S.C. 1531, et seq.). submitted to satisfy requirements of the presentation at a meeting, please notify Written data, comments, or requests for Marine Mammal Protection Act of 1972, the Executive Director and submit copies of these complete applications as amended (16 U.S.C. 1361 et seq.), written material. If you would like a should be submitted to the Director and the regulations keep governing copy of your material distributed to (address above). marine mammals (50 CFR part 18). each member of the Committee in PRT–077020 Written data, comments, or requests for advance of a meeting, please submit 25 copies of the complete application or copies to the Executive Director (see Applicant: Barbara Watson, East New requests for a public hearing on this ADDRESSES and DATES). Market, MD. application should be submitted to the The applicant requests a permit to Information on Services for Individuals Director (address above). Anyone import the sport-hunted of one male With Disabilities requesting a hearing should give bontebok (Damaliscus pygargus dorcas) specific reasons why a hearing would be For information on facilities or culled from a captive herd maintained appropriate. The holding of such a services for individuals with under the management program of the hearing is at the discretion of the disabilities, or to request special Republic of South Africa, for the Director. assistance at the meeting, telephone the purpose of enhancement of the survival Executive Director as soon as possible. of the species. PRT–079001 Dated: November 12, 2003. PRT–079033 Applicant: Ralph F. Duceour, Joseph J. Angelo, Pleasanton, CA. Applicant: U.S. Fish and Wildlife Director of Standards, Marine Safety, Security The applicant requests a permit to and Environmental Protection. Service/Cabeza Prieta National Wildlife Refuge, Ajo, AZ. import a polar bear (Ursus maritimus) [FR Doc. 03–29027 Filed 11–19–03; 8:45 am] sport hunted from the Lancaster Sound The applicant requests a permit to BILLING CODE 4910–15–P polar bear population in Canada for import up to 15 live Sonoran pronghorn personal use. antelope (Antilocapra americana Dated: October 31, 2003. DEPARTMENT OF THE INTERIOR sonoriensis) from the wild in Mexico for the purpose of enhancement of the Monica Farris, Fish and Wildlife Service survival of the species and scientific Senior Permit Biologist, Branch of Permits, research in accordance with the U.S. Division of Management Authority. Receipt of Applications for Permit Fish and Wildlife Service’s Sonoran [FR Doc. 03–28987 Filed 11–19–03; 8:45 am] pronghorn recovery plan. This BILLING CODE 4310–55–P AGENCY: Fish and Wildlife Service, notification covers activities to be Interior. conducted by the applicant over a five- ACTION: Notice of receipt of applications year period. DEPARTMENT OF THE INTERIOR for permit. PRT–077487, 077489 Fish and Wildlife Service SUMMARY: The public is invited to comment on the following applications Applicant: Steve Martin’s Working Receipt of Application of Endangered to conduct certain activities with Wildlife, Frazier Park, CA. Species Recovery Permits endangered species and/or marine The applicant requests permits to AGENCY: mammals. export and re-import captive born tigers Fish and Wildlife Service, (Panthera tigris) to worldwide locations Interior. DATES: Written data, comments or for the purpose of enhancement of the ACTION: Notice of availability. requests must be received by December species through conservation education. 22, 2003. The permit numbers and animals are: SUMMARY: We announce our receipt of ADDRESSES: Documents and other 077487, Asia, and 077489, Rhia. This an application to conduct certain information submitted with these notification covers activities to be activities pertaining to enhancement of applications are available for review, conducted by the applicant over a three- survival of endangered species. subject to the requirements of the year period and the import of any DATES: Written comments on this Privacy Act and Freedom of Information potential progeny born while overseas. request for a permit must be received Act, by any party who submits a written December 22, 2003. request for a copy of such documents PRT–079014 ADDRESSES: Written data or comments within 30 days of the date of publication Applicant: Virginia Tech, Department of should be submitted to the Assistant of this notice to: U.S. Fish and Wildlife Biomedical Sciences & Pathobiology, Regional Director-Ecological Services, Service, Division of Management Blacksburg, VA. U.S. Fish and Wildlife Service, PO Box Authority, 4401 North Fairfax Drive, The applicant requests a permit to 25486, Denver Federal Center, Denver, Room 700, Arlington, Virginia 22203; import non-invasively collected samples Colorado 80225–0486; telephone 303– fax 703/358–2281. of urine, hair, and feces of chimpanzee 236–7400; facsimile 303–236–0027. FOR FURTHER INFORMATION CONTACT: (Pan troglodytes) from Mahale FOR FURTHER INFORMATION CONTACT: Division of Management Authority, Mountains National Park, Tanzania for Documents and other information telephone 703/358–2104. the purpose of scientific research. This submitted with this application are SUPPLEMENTARY INFORMATION: notification covers activities to be available for review, subject to the

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requirements of the Privacy Act and York. This notice also announces a • Historical and archeological Freedom of Information Act, by any public scoping meeting to identify resources—identification and avoidance party who submits a written request for potential issues and content for of cultural resources. a copy of such documents within 20 inclusion in the EIS. • Traffic—analysis of future traffic days of the date of publication of this DATES: Written comments on the scope and proposal of adequate mitigation. notice to the address above; telephone and implementation of this proposal • Air quality—analysis of local and 303–236–7400. must arrive by December 19, 2003. The regional air quality impacts from mobile SUPPLEMENTARY INFORMATION: The public scoping meeting will be held sources. following applicant has requested December 4, 2003, at 7 p.m. • Socio-economic—project effects on issuance of an enhancement of survival ADDRESSES: You may mail, hand carry local economy (including population permit to conduct certain activities with or telefax written comments to, Franklin and housing) and public services. endangered species pursuant to section Keel, Regional Director, Eastern • Utilities—provision of water supply 10(a)(1)(A) of the Endangered Species Regional Office, Bureau of Indian and wastewater treatment to the project Act of 1973, as amended (16 U.S.C. 1531 Affairs, 711 Stewarts Ferry Pike, and how provision of those services et seq.). Nashville, Tennessee 37214, telefax may affect existing capacities. Applicant: Jeff Hagener, Montana (615) 467–1701. • Cumulative effects—review of Department of Fish, Wildlife and Parks, The public scoping meeting will be cumulative environmental impacts of Helena, Montana, TE–077698. held at the Sullivan County Government the project when considered together The applicant requests a permit for Center, Legislative Meeting Room, 2nd with other reasonably foreseeable the future take of Westslope cutthroat Floor, 100 North Street, Monticello, development projects in the region. trout (Oncorhynchus clarki lewsi) in New York 12701. • Alternatives to the preferred conjunction with recovery in Montana. FOR FURTHER INFORMATION CONTACT: Jim alternative. The permit application includes a Kardatzke, (615) 467–1675. The range of issues and alternatives proposed Candidate Conservation SUPPLEMENTARY INFORMATION: The Tribe addressed in the EIS may be further Agreement with Assurances, in which proposes that 333 acres of land into expanded based on comments received the applicant voluntarily implements trust on behalf of the Tribe, on which in response to this notice, or to the conservation activities to benefit the the Tribe, through a development scoping meeting announced in this Westslope cutthroat trout. Candidate agreement with trading Cove New York, notice. Conservation Agreements with proposes to build a casino. The property Assurances encourage implementation Public Comment Availability is located on County Highway 161 at of conservation efforts and reduce State Route 17, Exit 107, in the town of Comments, including names and threats to species that are proposed for Thompson, Sullivan County, New York. addresses of respondents, will be listing under the Endangered Species The project would consist of a 584,000 available for public review at the Act. square foot casino and supporting mailing address shown in the Dated: October 21, 2003. facilities, including food and beverage ADDRESSES section, during regular Ralph O. Morgenweck, outlets, retail facilities, a service station, business hours, 8 a.m. to 4:30 p.m., Regional Director, Denver, Colorado. a warehouse and parking, to be Monday through Friday, except [FR Doc. 03–28973 Filed 11–19–03; 8:45 am] constructed entirely on the proposed holidays. Individual respondents may BILLING CODE 4310–55–P trust acquisition. In a second phase of request confidentiality. If you wish us to the proposed project, a hotel would be withhold your name and/or address built immediately adjacent to the from public review or from disclosure DEPARTMENT OF THE INTERIOR casino. under the Freedom of Information Act, The Tribe prepared and submitted to you must state this prominently at the Bureau of Indian Affairs the BIA an Environmental Assessment beginning of your written comment. (EA) on the proposed action in Such requests will be honored to the Notice of Intent To Prepare an extent allowed by law. We will not, Environmental Impact Statement for February, 2001, that was released for public comment in December, 2002. The however, consider anonymous the Proposed Stockbridge-Munsee, comments. All submissions from Casino, Sullivan County, NY BIA has withdrawn this EA and elected to complete an EIS. The EA will, organizations or businesses, and from AGENCY: Bureau of Indian Affairs, however, serve as a part of the scoping individuals identifying themselves as Interior. process for the EIS. representatives or officials of ACTION: Notice. Issues identified to date to be organizations or businesses will be addressed in the EIS include, but are not made available for public inspection in SUMMARY: This notice advises the public limited to the following: their entirety. that the Bureau of Indian Affairs, with • Soil erosion and sediment control— Authority the cooperation of the Stockbridge- design of construction controls to Munsee Community, Band of Mohican manage exposed soils. This notice is published in Indians (Tribe), intends to gather the • Stormwater management—design of accordance with section 1503.1 of the information necessary for preparing an stormwater controls to manage runoff Council on Environmental Quality Environmental Impact Statement (EIS) from the developed area from both a Regulations (40 CFR parts 1500 through for the proposed Stockbridge-Munsee water quality and quantity standpoint. 1508) implementing the procedural Casino, Town of Thompson, Sullivan • Wetlands—minimization and requirements of the National County, New York. The purpose of the avoidance of direct or indirect wetland Environmental Policy Act of 1969, as proposed action is to help the impacts and mitigation plans for amended (42 U.S.C. 4321 et seq.), and Stockbridge-Munsee Community meet unavoidable impacts. the Department of the Interior Manual tribal economic needs and to serve as • Wildlife and fisheries—measures to (516 DM 1–6), and is in the exercise of one part of the land claim settlement avoid and minimize impacts to species, authority delegated to the Assistant between the Tribe and the State of New including listed species. Secretary—Indian Affairs by 209 DM 8.

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Dated: November 12, 2003. collection of information and related 2. The accuracy of our estimates of the Aurene M. Martin, forms and explanatory material by information collection burden, Principal Deputy Assistant Secretary—Indian contacting the BLM Information including the validity of the Affairs. Collection Clearance Officer at the methodology and assumptions we use; [FR Doc. 03–29087 Filed 11–19–03; 8:45 am] telephone number listed below. 3. Ways to enhance the quality, utility BILLING CODE 4310–W7–P The OMB must respond to this and clarity of the information we request within 60 days but may respond collect; and after 30 days. For maximum 4. Ways to minimize the information consideration your comments and DEPARTMENT OF THE INTERIOR collection burden on those who are to suggestions on the requirement should respond, including the use of Bureau of Land Management be directed within 30 days to the Office appropriate automated, electronic, of Management and Budget, Interior [WO–320–1990–PB–24 1A] mechanical, or other forms of Department Desk Officer (1004–0194), at information technology. Information Collection Submitted to OMB–OIRA via facsimile to (202) 395– the Office of Management and Budget 6566 or e-mail to Title: Surface Management Activities Under the Paperwork Reduction Act; [email protected]. Please under the General Mining Law of 1872 OMB Approval Number 1004–0194 provide a copy of your comments to the (43 CFR 3809). Bureau of Information Collection OMB Approval Number: 1004–0194. The Bureau of Land Management Clearance Officer (WO–630), Bureau of Bureau Form Numbers: 3809–1, (BLM) has sent a request to extend the Land Management, Eastern States 3809–2, 3809–4, 3809–4a, and 3809–5. current information collection to the Office, 7450 Boston Blvd., Springfield, Abstract: The Bureau of Land Office of Management and Budget Virginia 22153. Management (BLM) collects and uses (OMB) under the provisions of the the information to manage the surface Paperwork Reduction Act (44 U.S.C. Nature of Comments management activities under the 3501 et seq.). On July 30, 2002, the BLM We specifically request your General Mining Law of 1872 and the published a notice in the Federal comments on the following: regulations at 43 CFR 3809. Register (67 FR 49369) requesting 1. Whether the collection of comment on this information collection. information is necessary for the Frequency: Occasional. The comment period ended on property functioning of the BLM, Description of Respondents: September 30, 2002. BLM received no including whether the information will Individuals, groups, or corporations. comments. You may obtain copies of the have practical utility; Estimated Completion Time:

Estimated Information collected Public burden number Total burden Total public hours/action actions hours burden cost

Notices (nonform)

Small Exploration ...... 16 193 3,088 $231,600 Medium Exploration ...... 48 193 9,264 694,800

Sub Total ...... 386 12,352 926,400

Plan of Operations

Exploration ...... 48 15 720 64,800 Placer ...... 160 67 10,720 964,800 Open Pit ...... 480 45 21,600 1,944,000 Industrial ...... 160 8 1,280 115,200 Underground ...... 160 7 1,120 100,800 Milling ...... 160 8 1,280 115,200

Sub Total ...... 150 36,720 3,304,800

NEPA

Exploration ...... 320 15 4,800 336,000 EA (Simple) ...... 320 82 26,240 1,836,800 EA (Standard) ...... 890 45 40,050 3,600,000 EIS ...... 2,480 8 19,840 4,075,600

Sub Total ...... 150 90,930 9,848,400

Section 106—NHPA ...... 30 150 4,500 744,490 Forms ......

Financial Guarantee

Notices ...... 1 8 386 51 2,040 Plans of Operations ...... 1 8 150 21 840 Bond/Surety Riders or Change of Operator ...... 1 8 180 24 960

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Estimated Information collected Public burden number Total burden Total public hours/action actions hours burden cost

Sub Total ...... 716 96 3,840

Grand Total ...... 1,552 144,598 14,827,930 1 Minutes.

Annual Responses: 1,552. DEPARTMENT OF THE INTERIOR DEPARTMENT OF THE INTERIOR Application Fee Per Response: 0. Bureau of Land Management Bureau of Land Management Annual Burden Hours: 144,598. [CO–110–1220–BG] [NV–030–1040–JH, NV–030–1220–MA; Bureau Clearance Officer: Michael Closure Notice No. NV–030–04–001] Schwartz, (202) 452–5033. Closure To Use of Public Lands in Dated: November 6, 2003. Colorado Emergency Closure of Federal Lands, Lyon County, NV Michael H. Schwartz, AGENCY: Bureau of Land Management Bureau of Land Management, Information (BLM), Interior. AGENCY: Bureau of Land Management, Collection Clearance Officer. ACTION: Notice of closure. Interior. [FR Doc. 03–29000 Filed 11–19–03; 8:45 am] ACTION: Notice of closure in Lyon SUMMARY: The Bureau of Land BILLING CODE 4310–84–M County, Nevada. Management (BLM) gives notice that the area known locally as the South Face of SUMMARY: Notice is hereby given that certain public lands at the west end of DEPARTMENT OF THE INTERIOR China Wall in Colorado is closed to discharging of firearms. Wilson Canyon, along the West Walker River in Lyon County, Nevada, are Bureau of Land Management EFFECTIVE DATE: This closure is effective October 15, 2003, and remains in effect closed to camping and all motorized vehicles. This closure is necessary in [NV–020–1430–ES; N–43020] until rescinded or modified by the Field Office Manager. order to prevent further adverse effects to soils, vegetation, water resources, ADDRESSES: Notice of Termination of Recreation Maps showing the location visual resources, wildlife, and wildlife and Public Purposes Act of and information pertaining to the habitat. It will remain in effect until Classification, Pershing County, NV above closure are available at the BLM, such time as a plan amendment to the White River Field Office, 73544 Carson City Consolidated Resource SUMMARY: This notice terminates the Highway 64, Meeker, Colorado 81641. Management Plan can be completed to segregative effect of Recreation & Public SUPPLEMENTARY INFORMATION: Under 43 address long-term management of Purposes Act classification as it pertains CFR 8364, the following area (South public lands in Wilson Canyon. These to the following described 40 acres of Face of China Wall) is closed to lands are in close proximity to private public lands: Mount Diablo Meridian, T. discharging of firearms: property, a well-traveled State highway, 1 1 27 N., R. 31 E., Section 20: NE ⁄4NE ⁄4, Township 1 North, Range 94 West, 6th and an area popular with off-highway Nevada. On May 21, 1987, 40 acres were Principal Meridian vehicle enthusiasts. Some resource classified for an application under the Section 15: E1⁄2SE1⁄4NE1⁄4, E1⁄2SE1⁄4, damage already has taken place and the Recreation & Public Purposes Act for a SW1⁄4SE1⁄4 potential for additional adverse effects lease/conveyance to the Lovelock Section 21: E1⁄2E1⁄2SE1⁄4, SE1⁄4SE1⁄4NE1⁄4 occurring as a result of camping and 1 Racing Association for a stock car racing Section 22: NW ⁄4 unrestricted off-highway vehicle use in track, motocross motorcycle track, and Containing approximately 200 acres more or less of public land. the riparian zone is substantial and BMX bicycle track. No further action significant. was taken. This closure is necessary to protect EFFECTIVE DATE: This closure goes into The land is hereby open to the the public in general, more specifically people and property located adjacent to effect November 20, 2003, and will operation of the public land and mining remain in effect until the Manager, laws, subject to valid existing rights. the area identified in the above legal land description and the boundary of Carson City Field Office, determines it The segregative effect of the is no longer needed. classification order is removed upon the Town of Meeker. The Town of FOR FURTHER INFORMATION CONTACT: John publication of this notice in the Federal Meeker and Rio Blanco County officials support this closure. O. Singlaub, Manager, Carson City Field Register. Office, 5665 Morgan Mill Road, Carson FOR FURTHER INFORMATION CONTACT: For FOR FURTHER INFORMATION CONTACT: further information contact Chris Ham, City, Nevada 89701. Telephone (775) Realty Specialist Barbara Kehrberg, Recreation Specialist, or Kent E. Walter, 885–6000. Bureau of Land Management, Field Office Manager, BLM, White River SUPPLEMENTARY INFORMATION: The Winnemucca Field Office, 5100 East Field Office, 73544 Highway 64, authorities for the closure and Winnemucca Boulevard, Winnemucca, Meeker, Colorado 81641, at (970) 878– restrictions are 43 CFR 8341.2 and 43 Nevada 89445, (775) 623–1500. 3800. CFR 8364.1. Any person who fails to Dated: October 14, 2003. comply with a closure or restriction Dated: September 30, 2003. order is subject to arrest and fines in Terry Reed, Kent E. Walter, accordance with applicable provisions Field Manager. Field Office Manager. of 18 U.S.C. 3571 and/or imprisonment [FR Doc. 03–28962 Filed 11–19–03; 8:45 am] [FR Doc. 03–28964 Filed 11–19–03; 8:45 am] not to exceed 12 months. This order BILLING CODE 4310–HC–P BILLING CODE 4310–JB–P applies to all forms of camping and

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motorized vehicle use excluding (1) any membership must be balanced and FOR FURTHER INFORMATION CONTACT: Tim emergency or law enforcement vehicle representative of the various interests Burke, Field Manager, BLM Alturas while being used for emergency concerned with the management of the Field Office, 708 West 12th St., Alturas, purposes, and (2) any vehicle whose use public lands. The vacant position for the CA, (530) 233–4666; or BLM Public is expressly authorized in writing by the New Mexico RAC is Category 1 Affairs Officer Joseph J. Fontana, Manager, Carson City Field Office. representing any holders of Federal telephone (530) 252–5332. The public lands affected by the grazing permits and representatives of SUPPLEMENTARY INFORMATION: The 15- closure order are located north of energy and mineral development, member council advises the Secretary of Nevada Highway 208 at the west end of timber industry, transportation or rights- the Interior, through the BLM, on a Wilson Canyon and include certain of-way, off-highway vehicle use, and variety of planning and management public lands within: commercial recreation. issues associated with public land Mt. Diablo Meridian Individuals may nominate themselves management in Northeast California and or others. Nominees must be residents Northwest Nevada. At this meeting, T.11N., R.24E. of New Mexico. Nominees should have Sec. 24, N1⁄2 NE1⁄4, agenda topics will include development T.11N., R.25E. demonstrated a commitment to of a drought policy for the Alturas, Eagle Sec. 18, Lot 4, SE1⁄4 SW1⁄4 and S1⁄2 SE1⁄4 collaborative resource decisionmaking. Lake and Surprise field offices, pre- Sec. 19, Lot 1, N1⁄2 NE1⁄4 and NE1⁄4 NW1⁄4. Letters of reference must accompany all scoping for development of a western The public lands affected by the restriction nominations from represented interests juniper management strategy, land use order constitute approximately 51 acres. or organizations, a completed planning and an update on a proposed These lands are depicted on maps background information nomination conservation easement for the Kramer posted in the Carson City Field Office form, as well as any other information Ranch. The RAC will also hear status and at the area affected by the that speaks to the nominee’s reports from the managers of the Eagle emergency closure. Copies of these qualifications. Lake, Alturas and Surprise field offices. maps also may be obtained from the FOR FURTHER INFORMATION CONTACT: All meetings are open to the public. Field Office. Theresa Herrera, New Mexico State Members of the public may present written comments to the council. Each Dated: October 2, 2003. Office, Office of External Affairs, Bureau of Land Management, P.O. Box 27115, formal council meeting will have time John O. Singlaub, Santa Fe, New Mexico 87502–0115, allocated for public comments. Manager, Carson City Field Office. (505) 438–7517. Depending on the number of persons [FR Doc. 03–28961 Filed 11–19–03; 8:45 am] Dated: October 20, 2003. wishing to speak, and the time BILLING CODE 4310–HC–P available, the time for individual Jesse J. Juen, comments may be limited. Individuals Associate State Director. who plan to attend and need special DEPARTMENT OF THE INTERIOR [FR Doc. 03–28959 Filed 11–19–03; 8:45 am] assistance, such as sign language BILLING CODE 4310–FB–P Bureau of Land Management interpretation and other reasonable accommodations, should contact the [NM–910–04–1020–PH] BLM as provided above. DEPARTMENT OF THE INTERIOR New Mexico Resource Advisory Dated: November 14, 2003. Council, Notice of Call for Nominations Bureau of Land Management Joseph J. Fontana, Public Affairs Officer. AGENCY: [CA–310–1820–PH] Bureau of Land Management, [FR Doc. 03–28974 Filed 11–19–03; 8:45 am] Interior. Notice of Public Meeting: Northeast BILLING CODE 4310–40–P ACTION: Notice of call for nominations. California Resource Advisory Council SUMMARY: The purpose of this notice is AGENCY: Bureau of Land Management, DEPARTMENT OF THE INTERIOR to solicit public nominations for a Interior. vacant position on the Bureau of Land ACTION: Notice of public meeting. Bureau of Land Management Management (BLM) New Mexico Resource Advisory Council (RAC). The SUMMARY: In accordance with the [CA–310–1820–PO] RAC provides advice and Federal Land Policy and Management recommendations to BLM on land use Act of 1976 (FLPMA), and the Federal Notice of Public Meeting: Northwest planning and management of the public Advisory Committee Act of 1972 California Resource Advisory Council lands within New Mexico. Public (FACA), the U. S. Department of the AGENCY: Bureau of Land Management, nominations will be considered until Interior, Bureau of Land Management Interior. December 22, 2003. (BLM) Northeast California Resource ACTION: Notice of public meeting. SUPPLEMENTARY INFORMATION: The Advisory Council will meet as indicated Federal Land Policy and Management below. SUMMARY: In accordance with the Act (FLPMA) directs the Secretary of the DATES: The meeting will be held Federal Land Policy and Management Interior to involve the public in Thursday and Friday, January 22 and Act of 1976 (FLPMA), and the Federal planning and issues related to 23, 2004, in the Conference Room of the Advisory Committee Act of 1972 management of land administered by Bureau of Land Management’s Surprise (FACA), the U. S. Department of the BLM. Section 309 of FLPMA directs the Field Office, 602 Cressler St., Cedarville, Interior, Bureau of Land Management Secretary to select 15-member citizen- California. On Jan. 22, the meeting (BLM) Northwest California Resource based advisory councils that are begins at noon and adjourns for the day Advisory Council will meet as indicated established and authorized consistent at 5 p.m. On January 23, the meeting below. with the requirements of the Federal begins at 8 a.m. and ends at noon. Time DATES: The meeting will be held Advisory Committee Act (FACA). As for public comment will be set aside at Thursday, Feb. 5, 2004 at the BLM required by the FACA, RAC 11 a.m. January 23. Ukiah Field Office, 2550 North State St.,

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Ukiah, California, and Friday, Feb. 6, DEPARTMENT OF THE INTERIOR Dated: October 30, 2003. 2004, at the Point Arena Lighthouse, Rebecca W. Watson, 45500 Lighthouse Rd., Point Arena, Bureau of Land Management Assistant Secretary—Land and Minerals California. On Feb. 5, the meeting Management. begins at 10 a.m. at the Ukiah Field [NMNM 109118] [FR Doc. 03–28965 Filed 11–19–03; 8:45 am] Office for a field tour to the Stornetta BILLING CODE 4810–32–P Ranch property near Point Arena. On Public Land Order No. 7591; Feb. 6, the meeting begins at 8 a.m. in Withdrawal of Lands for the Federal the museum of the Point Arena Law Enforcement Training Center; New DEPARTMENT OF THE INTERIOR Mexico Lighthouse. Time for public comments Bureau of Land Management has been set aside for 11 a.m. AGENCY: Bureau of Land Management, [CA 670 1232 FH] FOR FURTHER INFORMATION CONTACT: Rich Interior. Burns, Field Manager, BLM Ukiah Field Notice of Proposed Supplementary ACTION: Public land order. Office, 2550 North State St., Ukiah, Rules on Public Land in California California, (707) 468–4000; or BLM SUMMARY: This order withdraws AGENCY: Bureau of Land Management, Public Affairs Officer Joseph J. Fontana, 1,920.80 acres of lands from location Interior. (530) 252–5332. and entry under the United States ACTION: Supplementary rules for SUPPLEMENTARY INFORMATION: The 12- mining laws, for a period of 20 years, for payment of special recreation permit member council advises the Secretary of protection, operation and maintenance fees immediately upon arrival at the the Interior, through the BLM, on a of the Department of Homeland Imperial Sand Dunes Recreation Area. variety of planning and management Security’s Federal Law Enforcement issues associated with public land Training Center. SUMMARY: The Bureau of Land Management (BLM)’s El Centro Field management in Northwest California. At EFFECTIVE DATE: November 20, 2003. this meeting, agenda topics will include Office is proposing supplementary rules. These rules will apply to the review of the draft management plan for FOR FURTHER INFORMATION CONTACT: Russ public lands within the El Centro the King Range National Conservation Sorensen, BLM Carlsbad Field Office, Resource Field Office, California Desert Area, an update on development of a 620 East Greene, Carlsbad, New Mexico 88220, (505) 234–5963. District, Imperial County, California. land use plan for the California Coastal The supplementary rules require the National Monument, and reports on Order payment of special recreation permit BLM’s Sustaining Working Landscapes By virtue of the authority vested in fees immediately upon arrival. Any initiative and development of a sage primary vehicle while on public lands grouse conservation strategy. The RAC the Secretary of the Interior by section 204 of the Federal Land Policy and within the Planning Area Boundary or members will also hear status reports the recreation area must display a from the Arcata, Redding and Ukiah Management Act of 1976, 43 U.S.C. 1714 (2000), it is ordered as follows: weekly or seasonal permit for the areas field office managers. All meetings are described above. The rules are needed open to the public. Members of the 1. Subject to valid existing rights, the in order to enhance the Imperial Sand public may present written comments to following described lands are hereby Dunes Recreation Fee Program and to the council. Each formal council withdrawn from location and entry provide revenue for resource protection meeting will have time allocated for under the United States mining laws, 30 and for public health and safety. public comments. Depending on the U.S.C. Ch. 2 (2000), for the Department DATES: You should submit your number of persons wishing to speak, of Homeland Security to protect, comments by December 22, 2003. In and the time available, the time for operate, and maintain their Federal Law developing final rules, BLM may not individual comments may be limited. Enforcement Training Center: consider comments postmarked or Members of the public are welcome on New Mexico Principal Meridian received in person or by electronic mail field tours, but they must provide their T. 16 S., R. 25 E., after this date. own transportation and lunch. Sec. 27; ADDRESSES: Individuals who plan to attend and Sec. 28, E1⁄2E1⁄2; Mail: Bureau of Land Management, El need special assistance, such as sign Sec. 33, E1⁄2NE1⁄4 and SE1⁄4; Centro Field Office, 1661 S. 4th St., El language interpretation and other Sec. 34, NW1⁄4 and SW1⁄4; Centro, CA 92243. reasonable accommodations, should Sec. 35, S1⁄2S1⁄2. Personal or messenger delivery: contact the BLM as provided above. T. 17 S., R. 25 E., Bureau of Land Management, El Centro Sec. 3, lots 3 and 4, S1⁄2NW1⁄4, and Field Office, 1661 S. 4th St., El Centro, Dated: November 14, 2003. N1⁄2N1⁄2S1⁄2; CA 92243. Joseph J. Fontana, Sec. 4, lots 1 and 2, and S1⁄2NE1⁄4. Internet e-mail: Public Affairs Officer. The areas described aggregate 1,920.80 [email protected]. acres in Eddy County. [FR Doc. 03–28975 Filed 11–19–03; 8:45 am] FOR FURTHER INFORMATION CONTACT: Neil BILLING CODE 4310–40–P 2. This withdrawal will expire 20 Hamada, Dunes Manager, Imperial Sand years from the effective date of this Dunes Recreation Area, Bureau of Land order unless, as a result of a review Management, El Centro Field Office, conducted before the expiration date 1661 S. 4th St., El Centro, CA 92243 , pursuant to section 204(f) of the Federal (760) 337–4451. Land Policy and Management Act of SUPPLEMENTARY INFORMATION: 1976, 43 U.S.C. 1714(f) (2000), the I. Public Comment Procedures. Secretary determines that the II. Discussion of the Supplementary Rules. withdrawal shall be extended. III. Procedural Matters.

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I. Public Comment Procedures supplementary rules would require the Executive Order 12866. The payment of special recreation permit supplementary rules will not have an Electronic Access and Filing Address fees immediately upon arrival. Any effect of $100 million or more on the You may view an electronic version of primary vehicle while on public lands economy. They are not intended to these proposed supplementary rules at within the Planning Area Boundary or affect commercial activity, but merely BLM’s Internet Home page: http:// the recreation area would be required to clarify when a fee that is already www.blm.gov. You may also comment display a weekly or seasonal permit for charged must be paid. via the Internet to (insert local comment the areas described below. The The supplementary rules will not Web site). Please also include supplementary rules are not adversely affect, in a material way, the { } ‘‘Attention: insert RIN number ’’ and inconsistent with the preferred economy, productivity, competition, your name and return address in your alternative in the Imperial Sand Dunes jobs, the environment, public health or Internet message. If you do not receive Recreation Area Management Plan. safety, or state, local, or tribal a confirmation from the system that we Special Recreation Permit fees were governments or communities. The have received your Internet message, initially implemented in January 1999. proposed supplementary rules will not contact us directly at (phone number). Supplementary rules were published on create a serious inconsistency or Written Comments December 17, 1998 (63 FR 69646), to otherwise interfere with an action taken establish those fees. The new or planned by another agency. The Written comments on the proposed supplementary rules only clarify the supplementary rules will not alter the supplementary rules should be specific, existing rules, and are intended to be budgetary effects of entitlements, grants, confined to issues pertinent to the appended to the 1998 supplementary user fees, or loan programs or the right proposed supplementary rules, and rules. They are written only to clarify or obligations of their recipients; nor should explain the reason for any when the public pays their special will they raise novel legal or policy recommended change. Where possible, recreation permit fee. The rules are issues. comments should reference the specific consistent with the proposed Imperial section or paragraph of the proposal you Clarity of the Supplementary Rules Sand Dunes Recreation Area are addressing. BLM may not Management Plan (RAMP). The RAMP’s Executive Order 12866 requires each necessarily consider or include in the objectives are to provide a safe and agency to write regulations that are Administrative Record for the final enjoyable experience to the public simple and easy to understand. We supplementary rules comments BLM visiting the dunes and the BLM invite your comments on how to make receives after the close of the comment employees and volunteers maintaining the proposed supplementary rules easier period (see DATES) or comments the natural resources. The goals are to to understand, including answers to delivered to an address other than those reduce or eliminate assaults, drug use, questions such as the following: listed above (see ADDRESSES). (1) Are the requirements in the Comments, including names, streets driving under the influence of drugs or alcohol, theft, and any unruly behavior proposed supplementary rules clearly addresses, and other contact stated? information of respondents, will be that may lead to any of these, and to encourage users to obey all safety rules (2) Do the proposed supplementary available for public review at El Centro rules contain technical language or Field Office, 1661 S. 4th St., El Centro, and regulations, so as to prevent accidents. The implementation of jargon that interferes with their clarity? CA 92243, during regular business (3) Does the format of the proposed special recreation permit fees in the hours (7:45 a.m. to 3:45 p.m.), Monday supplementary rules (grouping and dunes will provide the resources through Friday, except Federal holidays. order of sections, use of headings, necessary to meet these goals and Individual respondents may request paragraphing, etc.) aid or reduce their confidentiality. If you wish to request objectives. These supplementary rules will apply clarity? that BLM consider withholding your to the public lands within the area (4) Would the supplementary rules be name, street address, and other contact identified in the Imperial Sand Dunes easier to understand if they were information (such as: Internet address, Recreation Area Management Plan as divided into more (but shorter) sections? Fax or phone number) from public (5) Is the description of the proposed the Planning Area Boundary, Mammoth review or from disclosure under the supplementary rules in the Wash Management Area, North Freedom of Information Act, you must SUPPLEMENTARY INFORMATION section of Algodones Dunes Wilderness state this prominently at the beginning this preamble helpful in understanding Management Area, Gecko Management of your comment. BLM will honor the proposed supplementary rules? How Area, Glamis Management Area, requests for confidentiality on a case-by- could this description be more helpful Adaptive Management Area, Ogilby case basis to the extent allowed by law. in making the supplementary rules Management Area, Dune Buggy Flats BLM will make available for public easier to understand? Management Area, and the Buttercup inspection in their entirety all Please send any comments you have Management Area. BLM has determined submissions from organizations or on the clarity of the supplementary these supplementary rules necessary to businesses, and from individuals rules to the address specified in the enhance the Imperial Sand Dunes identifying themselves as ADDRESSES section. Recreation Fee Program and to provide representatives or officials of revenue for resource protection and for National Environmental Policy Act organizations or businesses. public health and safety. BLM has determined that these II. Discussion of the Supplementary III. Procedural Matters proposed supplementary rules requiring Rules the payment of special recreation permit The El Centro Field Office is Executive Order 12866, Regulatory fees immediately upon arrival at proposing supplementary rules for the Planning and Review Imperial Sand Dunes Recreation Area Imperial Sand Dunes Recreation Area These supplementary rules are not a and certain other locations are purely (ISDRA), as provided for in the Visitor significant regulatory action and are not administrative in nature. Therefore, they Services regulations of the Bureau of subject to review by Office of are categorically excluded from Land Management (BLM). The Management and Budget under environmental review under section

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102(2)(C) of the National Environmental proposed rules would not cause a taking Area, Glamis Management Area, Policy Act, pursuant to 516 of private property or require further Adaptive Management Area, Ogilby Departmental Manual (DM), Chapter 2, discussion of takings implications under Management Area, Dune Buggy Flats Appendix 1. In addition, the proposed this Executive Order. Management Area, and the Buttercup rules do not meet any of the 10 criteria Management Area. These lands are Executive Order 13132, Federalism for exceptions to categorical exclusions within the Imperial Sand Dunes Special listed in 516 DM, Chapter 2, Appendix The proposed rules will not have a Recreation Management Area within the 2. Pursuant to Council on substantial direct effect on the States, on lands managed by the El Centro Field Environmental Quality regulations (40 the relationship between the national Office of the California Desert District, CFR 1508.4) and the environmental government and the States, or on the California. You must follow these rules: policies and procedures of the distribution of power and Sec. 1 When must visitors pay the Department of the Interior, the term responsibilities among the various special recreation permit fees? ‘‘categorical exclusions’’ means a levels of government. They merely You must pay the special recreation category of actions that do not clarify when a fee that is already permit fees immediately upon arrival. individually or cumulatively have a charged must be paid. Therefore, in Sec. 2 How must permits be significant effect on the human accordance with Executive Order 13132, displayed? environment, that have been found to BLM has determined that these Any primary vehicle while on public have no such effect in procedures proposed rules do not have sufficient lands within the Planning Area adopted by a Federal agency, and for Federalism implications to warrant Boundary or the recreation area must which neither an environmental preparation of a Federalism Assessment. display a weekly or seasonal permit for assessment nor an environmental the areas described above. impact statement is required. Executive Order 12988, Civil Justice Reform Sec. 3 What are the penalties for Regulatory Flexibility Act violations of these rules? Under Executive Order 12988, the Under section 303(a) of the Federal Congress enacted the Regulatory Office of the Solicitor has determined Land Policy and Management Act of Flexibility Act (RFA) of 1980, as that these proposed rules would not 1976 (43 U.S.C. 1733(a)) and 43 CFR amended, 5 U.S.C. 601–612, to ensure unduly burden the judicial system and 8360.0–7 if you violate any of these that Government regulations do not that it meets the requirements of supplementary rules on public lands unnecessarily or disproportionately sections 3(a) and 3(b)(2) of the Order. within the boundaries established in the burden small entities. The RFA requires rules, you may be tried before a United a regulatory flexibility analysis if a rule Executive Order 13175, Consultation and Coordination With Indian Tribal States Magistrate and fined no more would have a significant economic than $1,000 or imprisoned for no more impact, either detrimental or beneficial, Governments [Replaces Executive Order 13084] than 12 months, or both. Such on a substantial number of small violations may also be subject to the entities. The supplementary rule does In accordance with Executive Order enhanced fines provided for by 18 not pertain specifically to commercial or 13175, we have found that the final U.S.C. 3571. governmental entities of any size, but to supplementary rules do not include public recreational use of specific policies that have tribal implications. Dated: October 7, 2003. public lands. It merely makes clear They merely clarify when a fee that is Mike Pool, when a fee that is already charged must already charged must be paid. State Director. be paid. Therefore, BLM has determined [FR Doc. 03–28960 Filed 11–19–03; 8:45 am] Paperwork Reduction Act under the RFA that the proposed BILLING CODE 4310–40–P supplementary rules would not have a These supplementary rules do not significant economic impact on a contain information collection substantial number of small entities. requirements that the Office of DEPARTMENT OF THE INTERIOR Management and Budget must approve Small Business Regulatory Enforcement under the Paperwork Reduction Act of Bureau of Land Management Fairness Act (SBREFA) 1995, 44 U.S.C. 3501 et seq. [UTU 80808] The supplementary rules do not Author constitute a ‘‘major rule’’ as defined at Notice of Proposed Withdrawal; Utah 5 U.S.C. 804(2). Again, the The principal author of the supplementary rules merely clarify supplementary rules is Chief Area AGENCY: Bureau of Land Management, when a fee that is already charged must Ranger Robert Zimmer, Bureau of Land Interior. be paid. The supplementary rules have Management, El Centro Field Office. ACTION: Notice of proposed withdrawal. no effect on business—commercial or Supplementary Rules for Payment of industrial—use of the public lands. SUMMARY: The U.S. Department of Special Recreation Permit Fees Energy has filed an application to Executive Order 12630, Governmental Immediately Upon Arrival at the withdraw approximately 11,985 acres of Actions and Interference With Imperial Sand Dunes Recreation Area public land managed by the Bureau of Constitutionally Protected Property Under 43 CFR 8365.1–6, the Bureau of Land Management for two alternative Rights (Takings) Land Management will enforce the disposal cell sites, for the Moab Mill The proposed supplementary rules do following supplementary rules on the Site uranium mill tailings, and four not represent a government action public lands within the area identified alternative borrow material areas in capable of interfering with as defined in the Imperial Sand Dunes Grand County, Utah. The Department of constitutionally protected property Recreation Area Management Plan as Energy is preparing an environmental rights. They merely clarify when a fee the Planning Area Boundary, Mammoth impact statement to determine whether that is already charged must be paid. Wash Management Area, North the uranium mill tailings will be left in Therefore, the Department of the Algodones Dunes Wilderness place or moved to one of the two Interior has determined that the Management Area, Gecko Management disposal sites identified on public lands,

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and which, if any, of the borrow areas Sec. 4, lot 5, W1⁄2SE1⁄4, excluding the DEPARTMENT OF LABOR will be needed. Should relocation be the Interstate Highway 70 and railroad R/W; chosen alternative, the actual amount of Sec. 9, lots 3, 4, S1⁄2NW1⁄4, and SW1⁄4. Bureau of International Labor Affairs; land to be withdrawn for the repository The area described contains approximately U.S. National Administrative Office would be approximately two to three 374 acres in Grand County. National Advisory Committee for the North American Agreement on Labor sections (1,280 to 1,920 acres.) Courthouse Syncline Borrow Area This notice segregates the lands for up Cooperation; Notice of Cancellation of to two years from location and entry T. 23 S., R. 19 E., Meeting under the United States mining laws, Sec. 4, lots 1–4, inclusive, S1⁄2N1⁄2, and 1 AGENCY: Office of the Secretary, Labor. including the mineral leasing laws, S ⁄2; 1 1 ACTION: subject to valid existing rights. In Sec. 5, lots 1–4, inclusive, S ⁄2N ⁄2, and Cancellation of meeting. S1⁄2; accordance with the regulations 1 SUMMARY: Notice of Cancellation of contained in 43 CFR 4110.4–2(b), this Sec. 7, lots 1–12, inclusive, and E ⁄2; Sec. 8, All. Meeting Scheduled for November 24, notice serves as the two-years’ prior 2003. notification to grazing permittees should The area described contains approximately The U.S. National Administrative the public lands below be selected for 2,730 acres in Grand County. Office hereby cancels the meeting of the the Moab Mill Site Remediation Project Tenmile Borrow Area National Advisory Committee for the and become unavailable for livestock T. 23 S., R. 18 E., North American Agreement on Labor grazing. Sec. 26, S1⁄2; Cooperation scheduled for November DATES: Comments must be received on Sec. 33, SE1⁄4; 24, 2003. This meeting was previously or before February 18, 2004. Sec. 34, NE1⁄4, and S1⁄2; announced in the Federal Register of 1 1 November 6, 2003 (68 F.R. 62831). ADDRESSES: Comments should be sent to Sec. 35, N ⁄2, and SW ⁄4. the Moab Field Manager, 82 East T. 24 S., R. 18 E., FOR FURTHER INFORMATION CONTACT: 1 1 Dogwood Avenue, Moab, Utah 84532. Sec. 3, lots 1–4, inclusive, and S ⁄2N ⁄2; Lewis Karesh, designated Federal Sec. 4, lots 1–4, inclusive, and S1⁄2N1⁄2. Officer, U.S. NAO, Bureau of FOR FURTHER INFORMATION CONTACT: International Labor Affairs, U.S. Mary von Koch, Realty Specialist, Moab The area described contains approximately Department of Labor, 200 Constitution Field Office, 82 East Dogwood Avenue, 2,062 acres in Grand County. Avenue, NW, Room S–5205, Moab, Utah 84532, at (435) 259–2128. Blue Hills Road Borrow Area Washington, DC 20210. Telephone 202– SUPPLEMENTARY INFORMATION: On T. 24 S., R. 19 E., 693–4900 (this is not a toll free number). September 5, 2003, an application was Sec. 3, S1⁄2; Signed at Washington, DC, on November received from the Department of Energy Sec. 4, SE1⁄4; 14, 2003. to withdraw the following described Sec. 10, N1⁄2; public lands from location and entry Sec. 11, All; Lewis Karesh, under the United States mining laws, Sec. 12, S1⁄2. Acting Director, U.S. National Administrative Office. including the mineral leasing laws, The area described contains approximately subject to valid existing rights: 1,760 acres in Grand County. [FR Doc. 03–28999 Filed 11–19–03; 8:45 am] BILLING CODE 4510–28–P Salt Lake Meridian All persons who wish to submit Crescent Junction Disposal Site and Borrow comments, suggestions, or objections in Area connection with the proposed DEPARTMENT OF LABOR T. 21 S., R. 19 E., withdrawal may present their views in Sec. 22, those lands south of the Bookcliffs; writing, by the date specified above, to Occupational Safety and Health Sec. 23, those lands south of the Bookcliffs; the Moab Field Manager. Administration Sec. 24, lots 1 to 3, inclusive, lot 4, those lands north of the railroad right-of-way The application will be processed in National Advisory Committee on (R/W), those lands in the W1⁄2 south of accordance with the regulations set Occupational Safety and Health; Notice the Bookcliffs, and those lands in the forth in 43 CFR 2300. of Meeting 1 1 W ⁄2E ⁄2 north of the railroad R/W; For a period until November 20, 2005, Sec. 25, those lands in the N1⁄2NW1⁄4 north Notice is hereby given of the date and of the railroad R/W; the lands will be segregated as specified location of the next meeting of the Sec. 26, those lands in the N1⁄2 and above unless the application is canceled National Advisory Committee on NW1⁄4SW1⁄4 north of the railroad R/W. or the withdrawal is approved prior to Occupational Safety and Health Sec. 27, N1/2, N1/2 SW1/4, those lands in that date. (NACOSH), established under Section 1 the S1/2 SW1/4 and SE ⁄4 north of the Public meetings will be held in 7(a) of the Occupational Safety and railroad R/W. connection with the proposed Health Act of 1970 (29 U.S.C. 656) to The area described contains approximately advise the Secretary of Labor and the 2,241 acres in Grand County. withdrawal during the preparation of the environmental impact statement that Secretary of Health and Human Services Klondike Flats Disposal Site and Borrow will analyze options for disposal of the on matters relating to the administration Area uranium tailings. A notice of the time of the Act. NACOSH will hold a meeting T. 23 S., R. 19 E., and place will be published by the U.S. on December 16, in Room N3437 (A–C), Sec. 23, E1⁄2; Department of Energy in the Federal U.S. Department of Labor, located at 200 Sec. 24, W1⁄2, and those lands in the E1⁄2 Register at least 30 days before the Constitution Avenue, NW., Washington, lying west of the U.S. Highway 191 R/ scheduled date of the meetings. DC. The meeting is open to the public W; Secs. 25, 26, and 35. Dated: October 2, 2003. and will begin at 9 a.m. on December 16 and end at approximately 4 p.m. The area described contains approximately Margaret Wyatt, 2,819 acres in Grand County. Agenda items will include updates on Moab Field Office Manager. activities of both the Occupational Floy Wash Borrow Area [FR Doc. 03–29001 Filed 11–19–03; 8:45 am] Safety and Health Administration T. 22 S., R. 18 E., BILLING CODE 6450–01–P (OSHA) and the National Institute for

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Occupational Safety and Health PLACE: Hearing Room, 9th Floor, 601 SUPPLEMENTARY INFORMATION: The (NIOSH), as well as follow-up reports New Jersey Avenue, NW., Washington, meeting will be open to those of the from OSHA/NIOSH staff regarding DC. public. NACOSH workgroups. Presentations STATUS: Open. The agenda is as follows: will also be made on the following MATTERS TO BE CONSIDERED: The —Review of Previous Meeting subjects: Whistleblower updates, Commission will consider and act upon —Return to Flight Employee Fatality Trends, and the following in open session: —NAC Meeting Report Workplace Violence. Secretary of Labor v. Georges Colliers, —Overview of Langley Small Business Written data, views or comments for Inc., Docket No. EAJ 2002–02. (Issues Program consideration by the committee may be include whether the petition for review —NASA Safety Center submitted, preferably with 20 copies, to by Georges Colliers, Inc. was timely —Public Comment Wilfred Epps at the address provided filed; whether the issues raised on brief —Agency Small Disadvantaged below. Any such submissions received by Georges Colliers, Inc. exceeded the Business Update prior to the meeting will be provided to scope of its petition; and whether the —Committee Panel Reports the members of the committee and will judge erred in denying the application —New Business be included in the record of the made by Georges Colliers, Inc. for fees Attendees will be requested to contact meeting. Because of the need to cover a and expenses under the Equal Access to Vernon Vann at (757) 864–2456 to wide variety of subjects in a short Justice Act, 5 US.C.. 504 et seq.) comply with NASA security period of time, there is usually Any person attending this meeting requirements, including the insufficient time on the agenda for who requires special accessibility presentation of a valid picture ID, before members of the public to address the features and/or auxiliary aids, such as receiving an access badge. Foreign committee orally. However, any such sign language interpreters, must inform nationals attending this meeting will be requests will be considered by the Chair the Commission in advance of those required to contact Vernon Vann at who will determine whether or not time needs. Subject to 29 CFR 2706.150(a)(3) (757) 864–2456 to provide the following permits. Any request to make an oral and 2706.160(d). information: Full name; gender; date/ presentation should state the amount of place of birth; citizenship; employee/ time desired, the capacity in which the FOR FURTHER INFORMATION CONTACT: Jean Ellen, (202) 434–9950, (202) 708–9300 affiliation information (name of person would appear, and a brief institution, address, country, phone); outline of the content of the for TDD Relay, 1–800–877–8339 for toll free. title/position of attendee. To expedite presentation. Individuals with admittance, attendees can provide disabilities who need special Jean H. Ellen, identifying information in advance by accommodations should contact Veneta Chief Docket Clerk. contacting Mr. Vernon Vann via email at Chatmon (phone: 202–693–1912; fax: [FR Doc. 03–29146 Filed 11–18–03; 11:51 [email protected] or by telephone 202–693–1634) one week before the am] at (757) 864–2456. Attendees will be meeting. BILLING CODE 6735–01–M escorted at all times. An official record of the meeting will It is imperative that the meeting be be available for public inspection in the held on this date to accommodate the OSHA Technical Data Center (TDC) NATIONAL AERONAUTICS AND scheduling priorities of the key located in Room N2625 at the SPACE ADMINISTRATION participants. Department of Labor Building (202– 693–2350). For additional information [Notice 03–148] June Edwards, contact: Wilfred Epps, Occupational Advisory Committee Management Officer, Safety and Health Administration NASA Advisory Council, Minority National Aeronautics and Space (OSHA); Room N3641, 200 Constitution Business Resource Advisory Administration. Avenue, NW., Washington, DC 20210, Committee; Meeting [FR Doc. 03–28950 Filed 11–19–03; 8:45 am] (phone: 202–693–1857; fax: 202–693– BILLING CODE 7510–01–P AGENCY: National Aeronautics and 1641; e-mail [email protected]); or Space Administration (NASA). check the National Advisory Committee on Occupational Safety and Health ACTION: Notice of meeting. NATIONAL SCIENCE FOUNDATION information pages located at SUMMARY: In accordance with the www.osha.gov. Proposal Review Panel for Materials Federal Advisory Committee Act, Pub. Research; Notice of Meeting Signed at Washington, DC this 13th day of L. 92–463, as amended, the National November 2003. Aeronautics and Space Administration In accordance with the Federal John L. Henshaw, announce a forthcoming meeting of the Advisory Committee Act (Pub. L. 92– Assistant Secretary of Labor for Occupational NASA Advisory Council (NAC), 463 as amended), the National Science Safety and Health. Minority Business Resource Advisory Foundation announces the following [FR Doc. 03–28998 Filed 11–19–03; 8:45 am] Committee. meeting: BILLING CODE 4510–26–P DATES: Thursday, December 11, 2003, 9 Name: Proposal Review Panel for Materials a.m. to 4 p.m., and Friday, December 12, Research (DMR) #1203. 2003, 9 a.m. to 12 Noon. Dates and Times: FEDERAL MINE SAFETY AND HEALTH ADDRESSES: NASA Langley Research December 4, 2003; 7:30 a.m.–6 p.m. (open REVIEW COMMISSION Center, Bldg. 1219, Room 225, 9:30–12, 1–4:45). December 5, 2003: 7:30 a.m.–4 p.m. (open 9– Sunshine Act Meeting Hampton, VA 23681. 10:30). FOR FURTHER INFORMATION CONTACT: Mr. Place: University of Pennsylvania, November 12, 2003. Ralph C. Thomas III, Code K, National Philadelphia, PA. TIME AND DATE: 10 a.m., Thursday, Aeronautics and Space Administration, Type of Meeting: Part Open. December 4, 2003. (202) 358–2088. For Further Information Contact:

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Dr. Maija Kukla, Program Director, the NRC’s Public Document Room 7:30 a.m. and 4:15 p.m. (ET) five days Materials Research Science and Engineering (PDR), located at One White Flint North, prior to the meeting, if possible, so that Centers, Division of Materials Research, Public File Area O1 F21, 11555 appropriate arrangements can be made. Room 1065, National Science Foundation, Rockville Pike (first floor), Rockville, Electronic recordings will be permitted 4201 Wilson Boulevard, Arlington, VA 22230, Telephone (703) 292–4940. Maryland. Publicly available records only during those portions of the Purpose of Meeting: To provide advice and will be accessible electronically from meeting that are open to the public. recommendations concerning progress of the Agencywide Documents Access and Further information regarding this Materials Research Science and Engineering Management Systems (ADAMS) Public meeting can be obtained by contacting Center. Electronic Reading Room on the internet the Designated Federal Official between Agenda: at the NRC Web site, http:// 7:30 a.m. and 4:15 p.m. (ET). Persons December 4, 2003—Open for Director’s www.nrc.gov/reading-rm/adams/html. planning to attend this meeting are overview of Materials Research Science Persons who do not have access to urged to contact the above named and Engineering Center and presentations. ADAMS or who encounter problems in individual at least two working days December 5, 2003—Closed to review and accessing the documents located in prior to the meeting to be advised of any evaluate progress of Materials Research ADAMS, should contact the NRC PDR potential changes in the agenda. Science and Engineering Center. Reference staff by telephone at 1–800– Dated: November 13, 2003. Reason for Closing: The work being 397–4209, or 301–415–4737 or by e-mail reviewed may include information of a Sher Bahadur, proprietary or confidential nature, including to [email protected]. Associate Director for Technical Support, technical information; financial data, such as Dated at Rockville, Maryland, this 13th day ACRS/ACNW. salaries and personal information concerning of November, 2003. [FR Doc. 03–29017 Filed 11–19–03; 8:45 am] individuals associated with the proposals. For the Nuclear Regulatory Commission. BILLING CODE 7590–01–P These matters are exempt under 5 U.S.C. Victor Nerses, 552b(c), (4) and (6) of the Government in the Senior Project Manager, Section 2, Project Sunshine Act. Directorate I, Division of Licensing Project NUCLEAR REGULATORY Dated: November 18, 2003. Management, Office of Nuclear Reactor COMMISSION Susanne Bolton, Regulation. Committee Management Officer. [FR Doc. 03–29020 Filed 11–19–03; 8:45 am] Advisory Committee on Reactor [FR Doc. 03–29151 Filed 11–18–03; 12:15 BILLING CODE 7590–01–P Safeguards; Meeting of the pm] Subcommittee on Human Factors; BILLING CODE 7555–01–M Notice of Meeting NUCLEAR REGULATORY COMMISSION The ACRS Subcommittee on Human Factors will hold a meeting on NUCLEAR REGULATORY Advisory Committee on Reactor December 2, 2003, Room T–2B3, 11545 COMMISSION Safeguards; Subcommittee Meeting on Rockville Pike, Rockville, Maryland. [Docket No. 50–443] Planning and Procedures; Notice of The entire meeting will be open to Meeting public attendance. FPL Energy Seabrook, LLC; Notice of The agenda for the subject meeting Withdrawal of Application for The ACRS Subcommittee on Planning shall be as follows: and Procedures will hold a meeting on Amendment to Facility Operating Tuesday, December 2, 2003—1 p.m. License December 3, 2003, Room T–2B1, 11545 Rockville Pike, Rockville, Maryland. until 5 p.m. The U.S. Nuclear Regulatory The entire meeting will be open to The purpose of this meeting is to Commission (the Commission) has public attendance, with the exception of review the proposed revisions to granted the request of FPL Energy a portion that may be closed pursuant Standard Review Plan Chapter 18, Seabrook, LLC (licensee) to withdraw its to 5 U.S.C. 552b(c) (2) and (6) to discuss ‘‘Human Factors Engineering.’’ The March 22, 2002, application for organizational and personnel matters Subcommittee will hear presentations proposed amendment to Facility that relate solely to internal personnel by and hold discussions with Operating License No. NPF–86 for the rules and practices of ACRS, and representatives of the NRC staff, its Seabrook Station, Unit No. 1, located in information the release of which would consultants, and other interested Rockingham County, New Hampshire. constitute a clearly unwarranted persons regarding this matter. The The proposed amendment would invasion of personal privacy. Subcommittee will gather information, have revised Technical Specification The agenda for the subject meeting analyze relevant issues and facts, and (TS) 3/4.9.13, ‘‘Spent Fuel Storage,’’ and shall be as follows: formulate proposed positions and associated TS figures and index. actions, as appropriate, for deliberation Wednesday, December 3, 2003–11:45 The Commission had previously by the full Committee. issued a Notice of Consideration of a.m.–1:15 p.m. Members of the public desiring to Issuance of Amendment published in The Subcommittee will discuss provide oral statements and/or written the Federal Register on May 14, 2002, proposed ACRS activities and related comments should notify the Designated (67 FR 34489). However, by letter dated matters. The Subcommittee will gather Federal Official, Dr. Medhat M. El- September 15, 2003, the licensee information, analyze relevant issues and Zeftawy (telephone 301–415–6889), five withdrew the proposed change. facts, and formulate proposed positions days prior to the meeting, if possible, so For further details with respect to this and actions, as appropriate, for that appropriate arrangements can be action, see the application for deliberation by the full Committee. made. Electronic recordings will be amendment dated March 22, 2002, and Members of the public desiring to permitted. the licensee’s letter dated September 15, provide oral statements and/or written Further information regarding this 2003, which withdrew the application comments should notify the Designated meeting can be obtained by contacting for license amendment. Documents may Federal Official, Mr. Sam Duraiswamy the Designated Federal Official between be examined, and/or copied for a fee, at (telephone: 301–415–7364) between 7:30 a.m. and 4:15 p.m. (ET). Persons

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planning to attend this meeting are prior to the meeting to be advised of any Chapter V, Section 16(b) of the BOX urged to contact the above named potential changes to the agenda. Rules. individual at least two working days Dated: November 13, 2003. c. Plus, where applicable, any prior to the meeting to be advised of any Sher Bahadur, surcharge for options on ETFs that are potential changes to the agenda. passed through by BOX. The applicable Associate Director for Technical Support, Dated: November 12, 2003. ACRS/ACNW. surcharges are as follows: Sher Bahadur, [FR Doc. 03–29019 Filed 11–19–03; 8:45 am] (1) $ 0.10 per contract for options on the ETF Nasdaq 100 (‘‘QQQs’’). Associate Director for Technical Support, BILLING CODE 7590–01–P ACRS/ACNW. Sec. 3 Market Maker Trading Fees [FR Doc. 03–29018 Filed 11–19–03; 8:45 am] a. Per contract trade execution fee: BILLING CODE 7590–01–P SECURITIES AND EXCHANGE 1. $ 0.20 per contract traded in COMMISSION assigned classes; NUCLEAR REGULATORY [Release No. 34–48787; File No. SR–BSE– —or— COMMISSION 2003–17] 2. $ 0.20 per contract traded in unassigned classes; Self-Regulatory Organizations; Notice Advisory Committee on Reactor -or- Safeguards; Meeting of the of Filing of Proposed Rule Change by the Boston Stock Exchange, Inc. 3. $ 0.40 per contract traded against Subcommittee on Plant License an order the Trading Host filters to Renewal; Notice of Meeting Establishing Fees for the Proposed Boston Options Exchange Facility prevent trading through the NBBO, The ACRS Subcommittee on Plant pursuant to the procedures set forth in License Renewal will hold a meeting on November 14, 2003 Chapter V, Section 16(b) of the BOX December 3, 2003, Room T–2B3, 11545 Pursuant to section 19(b)(1) of the Rules. Rockville Pike, Rockville, Maryland. Securities Exchange Act of 1934 4. Plus, where applicable, any The entire meeting will be open to (‘‘Act’’),1 and Rule 19b–4 thereunder,2 surcharge for options on ETFs that are public attendance. notice is hereby given that on November passed through by BOX. For a list of The agenda for the subject meeting 14, 2003 the Boston Stock Exchange, applicable ETF surcharges, see Section shall be as follows: Inc. (‘‘BSE’’ or ‘‘Exchange’’) filed with 2(c), above. Wednesday, December 3, 2003—8 the Securities and Exchange b. Minimum Activity Charge (‘‘MAC’’) a.m.—11:30 a.m. Commission (‘‘Commission’’) the The ‘‘notional MAC’’ per options class proposed rule change as described in (see table below) is the building block The purpose of this meeting is to Items I, II, and III below, which Items for the determination of the BOX Market discuss the Virgil C. Summer Nuclear have been prepared by the Exchange. Maker’s monthly total MAC which is Station license renewal application and The Commission is publishing this payable at the end of each month if the the NRC staff’s draft Safety Evaluation notice to solicit comments on the per contract fee of $ 0.20 per contract Report. The Subcommittee will hear proposed rule change from interested traded, when multiplied by the Market presentations by and hold discussions persons. Maker’s actual trade executions for the with representatives of the NRC staff, month, does not result in a total trading South Carolina Electric and Gas I. Self-Regulatory Organization’s fee payable to BOX at least equal to the Company, and other interested persons Statement of the Terms of Substance of monthly total MAC. regarding this matter. The the Proposed Rule Change Subcommittee will gather information, The MAC is totaled across all classes The BSE seeks to enact fees for the assigned to a Market Maker so that analyze relevant issues and facts, and proposed Boston Options Exchange formulate proposed positions and volume for one class is fungible against (‘‘BOX’’) facility. Proposed new other classes for that Market Maker. As actions, as appropriate, for deliberation language is italicized. by the full Committee. a result, although the volume on a given Members of the public desiring to * * * * * class needed to reach an implicit cost of provide oral statements and/or written Fee Schedule $0.20 a contract may not be achieved, comments should notify the Designated this can be compensated by volume in Federal Official, Mr. Marvin D. Sykes Sec. 1 Trading Fees for Public excess of the MAC on another class. (telephone 301–415–8716), five days Customer Accounts 1. MAC ‘‘Levels.’’ prior to the meeting, if possible, so that None. The table below provides the MAC for appropriate arrangements can be made. each of the six ‘‘categories’’ of options Electronic recordings will be permitted. Sec. 2 Trading Fees Broker Dealer classes listed by BOX. The category for Further information regarding this Proprietary Accounts each class is determined by its total meeting can be obtained by contacting a. $0.20 per contract traded; trading volume across all U.S. options the Designated Federal Official between —or— exchanges as determined by OCC data. 7:30 a.m. and 4:15 p.m. (ET). Persons b. $ 0.40 per contract traded against The classifications will be adjusted at planning to attend this meeting are an order the Trading Host filters to least twice annually (in January and urged to contact the above named prevent trading through the NBBO, July, based on the average daily volume individual at least two working days pursuant to the procedures set forth in for the preceding six month period).

OCC average daily MAC per market marker Class category volume per appointment per (# of contracts) month

A ...... <100,000 ...... $15,000

1 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4.

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OCC average daily MAC per market marker Class category volume per appointment per (# of contracts) month

B ...... 50,000 to 99,999 ..... 3,000 C ...... 25,000 to 49,999 ..... 2,000 D ...... 10,000 to 24,999 ..... 750 E ...... 5,000 to 9,999 ...... 250 F ...... Less than 5,000 ...... 100

2. MAC ‘‘Adjustments.’’ maker appointment; the total trading BOX network for communication with The MAC will not be applied during fees due to BOX before discount is the BOX Trading Host. Each of these the first three calendar months $220,000 ($.20 multiplied by 1.2 million PoPs is operated by a third party following launch. Furthermore, the MAC contracts). supplier under contract to BOX. The will be ‘‘indexed’’ to BOX’s overall The total volume across his amount to be paid by each BOX market share as determined by OCC appointments is an average daily Participant is variable based on his clearing volumes. At the beginning of volume (‘‘ADV’’) of 55,000 contracts per particular configuration, the each calendar month, BOX will day. 25,000 of these contracts (the determining factors being the number of calculate its market share for the excess over the first ‘‘threshold’’ of physical connections a BOX Participant previous month (market share equals 25,000 ADV up to the second threshold has and the bandwidth associated with total BOX traded volume divided by the of 50,000 ADV) are subject to a discount each. total OCC cleared volume for the classes of $0.03; an additional 5,000 of these • ‘‘Installation’’ and ‘‘Hosting’’ costs that BOX has listed). If BOX’s overall contracts are subject to the second tier are related to the physical installation of market share is less than 10%, BOX will discount of $0.05. equipment (generally routers though • × reduce the MAC applicable for each First threshold discount: 25,000 possibly other hardware) at the PoP site. × Market Maker according to the following $0.03 20 days = $15,000 BOX Participants will be required to pay table. • Second threshold discount: 5,000 × × this fee only if they have physical $0.05 20 days = $5,000 installations at the BOX PoP and for MAC applicable • Total discount: $20,000 BOX market share which BOX incurs fees from its own rate • Net trading fees due to BOX for service suppliers month: $200,000 ($220,000¥$20,000) 0% to 4.99% ...... 33.3% • ‘‘Implied’’ trading fee per contract • ‘‘Cross Connect’’ fees are per 5% to 9.99% ...... 66.7% physical connection and vary by size 10% and more ...... full MAC for Market Maker in assigned classes: $200,000/1,100,000 = $0.1818 from the smallest (T–1) to the largest (CAT 5) c. Volume discount on total volume Sec. 4 InterMarket Linkage traded across all assigned classes Setup (one time change, not (calculated on monthly basis) The following fees are in effect on a applicable for BOX Participants BOX will provide volume discounts to Pilot basis, to expire on January 31, connected prior to launch) Market Makers who are particularly 2004. active on BOX. The discount is applied a. Per contract, billed to BOX Installation ...... $350 only after a Market Maker meets the Participant Cross connect per T–1 ...... $250 minimum level of activity necessary to Cross connect per T–3 ...... $350 avoid paying a MAC for assigned 1. BOX trade triggered by an Cross connect per CAT 5 ...... $500 classes. This discount is calculated away market Satisfaction (‘‘S’’) request...... $.40 monthly for the previous calendar Monthly (applicable only after month’s total trading volume across all launch) the classes that the Market Maker holds Billed to BOX Participant hav- ing executed the offending an appointment as follows: side of the trade subject to Hosting ...... $200 the S request. Average daily volume as 2. Routing by BOX of PA and P Cross connect per T–1 ...... $100 appointed Market Cross connect per T–3 ...... $200 Maker Per contract orders, and S requests to (applicable only if MAC thresh- away market ...... Free Cross connect per CAT 5 ...... $250 olds are achieved) b. Per contract, billed to away market b. CMS Order Routing Service For all contracts up to a volume of 25,000 contracts ...... 0 1. S request received from This service is optional for BOX For the contracts traded be- away market and executed Participants and is offered as an tween 25,000 and 50,000 on BOX...... Free alternative to the FIX and proprietary (First Discount Threshold) .... $0.03 gateways to the BOX Trading Host. For the contracts traded above 2. Inbound P and PA orders .... $.20 The CMS Gateway is a service a total of 50,000 (Second Same as if were BOX Partici- Discount Threshold) ...... $0.05 pant. provided by BOX to those BOX Participants who use the CMS protocol Example: Suppose that, in a given Sec. 5 Technology Fees for routing orders. CMS may only be month which had twenty (20) trading used for agency activities (and not for days, a BOX Market Maker executed 1.2 a. Point of Presence (‘‘PoP’’) Connection proprietary orders and market maker million contracts. Of this total, 1.1 Fee activities). million executions were in the 100 BOX’s Points of Presence are the sites Monthly (applicable only after classes for which he holds a market where BOX Participants connect to the launch)

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Per firm ...... $250 places specified in Item IV below. The fee for executions which result from the Exchange has prepared summaries, set NBBO filter process. In addition to the c. Back Office Trade Management forth in sections A, B, and C below, of base trading fee, executions on behalf of Software (‘‘TMS’’) the most significant aspects of such broker-dealer proprietary accounts statements. would be charged any passed through TMS is optional software which BOX licensing fees for Exchange-Traded A. Self-Regulatory Organization’s Participants may subscribe to in order to funds (‘‘ETF’’), if applicable.7 These fees Statement of the Purpose of, and manage their BOX trades prior to their would be competitive with other Statutory Basis for, the Proposed Rule transmission by BOX to OCC. electronic exchanges and would be Change Monthly Per User Within the Same significantly lower than the fees charged BOX Participant (applicable only after 1. Purpose for orders executed through the auto- launch) In conjunction with the anticipated execution systems of the floor based 8 launch of the proposed BOX, the BSE is exchanges. Additionally, unlike most Users 1 to 5 ...... $300 proposing fees related to the BOX options exchanges, there would be no Users 6 to 10 ...... $250 Payment-for-Order-Flow or marketing Users 11 and up ...... $200 market. The fees would apply to the following three constituents in the BOX surcharges. As noted above, there would be a d. Testing/Support for Third Party market: • Public Customers,3 $0.40 per contract fee for the execution Service Providers • broker-dealers, and against the exposure of an order which Third Party Service Providers, • Market Makers.4 BOX’s automatic trading system generally either Independent Software The BSE believes that the fees for (‘‘Trading Host’’) filters against trading Vendors (‘‘ISVs’’) who provide ‘‘front each of these constituents, in through the national best bid or offer end’’ trading software systems or service combination with unfettered access to (‘‘NBBO’’), pursuant to the NBBO filter bureaus which provide and operate the BOX market for Market Makers and procedures set forth in Chapter V, order routing systems for broker dealers, broker-dealers, would establish a low Section 16(b) of the proposed BOX may connect to the BOX Trading Host cost structure that would attract order Rules. The Exchange would be levying test platform. This is necessary both to flow to BOX and would promote this fee to broker-dealers for the costs of establish initial compatibility of their competitive pricing. providing a service, the NBBO filter process, which would not be offered on software as well as to maintain this a. Public Customers connectivity as the BOX Trading Host any other options exchange. The BSE implements upgrades and evolutions. Orders on behalf of Public Customers notes that the services provided by other This fee is charged directly to the Third would not be subject to a trading fee. options exchanges, such as ‘‘step-up- Party Service Provider, not the Options Also, the BSE notes that in keeping with and-match’’ capabilities (which the BSE the Exchange’s flat and open philosophy believes fall short of BOX’s NBBO filter Participant, and is not charged to BOX 5 Participants who connect their for BOX, BOX Options Participants process) are not available to broker- proprietary software systems to the BOX who act as agents on behalf of Public dealers. Customers (i.e. Order Flow Providers Trading Host. c. Market Makers (‘‘OFP’’)) 6 would not have to pay seat, One Time (not applicable for As a base trading fee, Market Makers providers connected prior to launch) lease, or access fees. BSE believes some of this cost savings would be passed on would be charged a $0.20 per contract to Public Customers in the form of price trade execution fee for both assigned Connection setup ...... $10,000 and unassigned classes or $0.40 for Disconnection ...... $500 improvement. In fact, the BSE believes that the only cost to an Options executions which result from the NBBO filter process. In addition to the base Monthly (applicable only after Participant, acting solely as agent for trading fee, Market Makers would be launch) orders on behalf of Public Customers, would be, in most cases, the Point of charged any passed through licensing Maintenance Fee ...... $500 Presence Connection Fee. fees for ETF, if applicable. As discussed below, a Market Maker would be b. Broker Dealer Proprietary Accounts charged a higher fee if the Market Maker Sec. 6. Compliance Examination As a base trading fee, executions on does not meet certain minimum trade Assessment behalf of broker-dealer proprietary volume thresholds. In addition, a Monthly accounts would be charged a $0.20 per Market Maker would receive a discount contract trade execution fee or a $0.40 if other trade volume thresholds are Firms for which BOX assumes ex- exceeded. amination responsibilities ...... $1,500 3 A Public Customer is a person that is not a broker or dealer in securities. 7 $0.10 per contract for options on Nasdaq 100 * * * * * 4 A Market Maker is a firm or organization that (‘‘QQQ’’) is the only surcharge on ETFs that would is registered with the Exchange for the purpose of be applicable upon BOX’s launch. II. Self-Regulatory Organization’s making markets in options contracts traded on the 8 For example, the International Securities Statement of the Purpose of, and Exchange and that is vested with the rights and Exchange (‘‘ISE’’) charges a non-public customer (a Statutory Basis for, the Proposed Rule responsibilities specified in Chapter VI of the broker-dealer) a $0.12–$0.21 (depending on ISE proposed BOX Rules. A.D.V.) per contract execution fee plus a $.03 Change 5 The term ‘‘Options Participant’’ or ‘‘Participant’’ comparison fee. The Chicago Board Options In its filing with the Commission, the means a firm, or organization that is registered with Exchange (‘‘CBOE’’) charges a non-public customer the Exchange for purposes of participating in for an equity option RAES execution a $0.30 RAES Exchange included statements options trading on BOX as an ‘‘Order Flow fee + $0.20 transaction fee + $0.05 trade match fee concerning the purpose of and basis for Provider’’ or ‘‘Market Maker.’’ for a total fee of $0.55. BOX would charge a non- the proposed rule change and discussed 6 The terms ‘‘Order Flow Provider’’ or ‘‘OFP’’ public customer a $.20 per contract trading fee or any comments it received on the mean those Options Participants representing as a $0.40 per contract trading fee for executions agent Customer Orders on BOX and those non- resulting from the NBBO filter process, as set forth proposed rule change. The text of these Market Maker Participants conducting proprietary in Chapter V, Section 16(b) of the proposed BOX statements may be examined at the trading. Rules. See Section 2 of the BOX Fee Schedule.

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As stated in the previous paragraph, savings in salaries, bonuses and other account for the majority of BOX’s similar to the fee charged to broker- personnel related costs alone, which, revenue. dealers, there is a $0.40 per contract fee under a conservative estimate, could be The BSE believes that the low barriers for the execution against the exposure of at least $1 million annually. to entry for the BOX market, coupled an order which the Trading Host filters Additionally, all of the existing floor with the pent up demand for the ability against trading through the NBBO, based options exchanges have various to make markets in the U.S. options pursuant to the NBBO filter procedures facility and floor related fees (which, in set forth in Chapter V, Section 16(b) of industry, as demonstrated by the the case of some of the floor-based the proposed BOX Rules. However, the number of market making applications exchanges, are set forth in several pages motivation behind charging this fee to for the proposed BOX market, would Market Makers is different than the of detail in their schedules of result in BOX having significantly more motivation behind levying this fee to miscellaneous fees). These types of fees Market Makers per class than other broker-dealers. The Exchange proposes simply do not exist on BOX. Because of markets.12 Accordingly, the BSE could to apply this fee to Market Makers so as the considerable franchise related and experience a financial burden in 10 to incent Market Makers to aggressively other fixed costs on the existing floor- relation to its proposed BOX facility if post quotations at the NBBO. That is, if based exchanges, it is difficult to make it attempted to accommodate this extra a Market Maker establishes, or quotes at, a meaningful item-by-item comparison demand by adding capacity to the BOX the NBBO, the Market Maker would not with an all-electronic market structured trading engine without some guaranteed be charged this fee as the NBBO filtering like BOX. Nevertheless, the BSE off-setting revenue. Therefore, the process would not be required. believes that when all relevant costs are pricing model proposed for the Market However, the BSE believes that this fee considered there is a strikingly higher Maker firms is comprised of a Minimum overall trading cost to market makers for would not be of such a level so as to Activity Charge (MAC) and a volume trading on one of the floor-based deter Market Makers from executing discount. The base trading fee per exchanges when compared to the cost of with orders exposed through the contract executed for a Market Maker is trading on BOX. While the per contract filtering process. $0.20. If a Market Maker’s monthly The BSE represents that the BOX execution fees on BOX would be market model features very low barriers competitive with the existing trading activity is low, the MAC may be to entry for Market Makers. All other exchanges, BOX Market Makers would applicable. The actual MAC for a given U.S. options exchanges have costly not have to bear nearly the same level options class would vary periodically barriers to entry for market making firms of fixed costs as do members of the with industry-wide trading volume, as in their expenses for the purchase or existing exchanges. determined by Options Clearing lease of seats or trading bins, which run, Corporation (‘‘OCC’’) clearing data (see in some cases, to as much as ii. BOX Minimum Activity Charge MAC Level chart below). If the total $16,000,000. For example, on the ISE, a (‘‘MAC’’) trading fees for a Market Maker in a given month do not exceed the total recent sale of a Series B–2 (CMM trading Another key feature of the BOX privileges) share was for $1.6 million in market model is an ‘‘open’’ policy MAC for the classes for which a Market Bin 5 on October 8, 2003, a bin covering regarding the number of Market Makers Maker holds appointments, Market only 60 of the 600 options classes that are allowed to be appointed to any Makers would be charged the MAC, presently listed on the ISE. Purchase of class after the first six months of rather than the trading fee. In no case all 10 bins at that price would equal trading, as compared to a ‘‘closed would the MAC be charged in addition $16,000,000. 9 BOX has no such costly to the trading fees. 13 seat or bin purchase or lease model’’ of specialists, Designated requirements and has structured its fees Primary Market Makers (‘‘DPMs’’), and Throughout the BOX development so as to render Market Maker PMMs on the other options exchanges. process, the BSE has strived to appointments accessible to qualified This unique approach is not without minimize the cost of entry to firms. In addition, efficiencies gained by costs to BOX however. The key factor participants, while at the same time Market Makers using the BOX driving BOX costs is the total number of ensuring that BOX would recoup its 11 technology would allow them to manage Market Maker appointments, as BOX’s operating costs. The MAC for each class more classes with less resources, hardware and telecommunication was established to accomplish three significantly reducing operating costs infrastructure must accommodate the objectives: (1) Recoup BOX’s monthly when compared to traditional floor heavy message traffic generated by operating costs; (2) provide one of the based exchanges. Market Makers. Trade executions are most cost competitive fee schedules in expected to represent a small percentage the U.S. options market; and (3) provide i. Comparison of Market Maker Costs on of the overall BOX traffic, yet would BOX versus Floor-Based Exchange proper incentives for OFPs to send order flow to BOX. The BSE estimates that a member-firm 10 For instance, on the CBOE, in addition to the of a floor based options exchange would substantial up front cost of buying a seat (last sale 12 The BSE has received 54 Market Maker need a minimum of fifteen individuals on October 21, 2003 was $280,000), there are numerous one time and recurring facility charges applications. 32 Market Makers are ready for the to act as Market Makers in order to be such as booth fees, facilities fees, storage fees, BOX launch and participated in the initial able to effectively manage the trading of access fees, in-crowd phone fees, maintenance fees, allocation of class appointments. Based on the 250 classes. On BOX, the same result phonemail fees, coat room service fees, charges for appointments allocated, BOX would have an can be achieved with two to three lost or damaged jackets, badge fees, on-floor line average of 14 Market Makers per class after the first fees, shelf rental fees, in-house pager fees, handset six months of trading. traders acting in the capacity of Market fees, satellite television fees, terminal rental fees, 13 For instance, if the total contracts traded in 25 Makers, thus accruing substantial cost technology fees, paper ticket fees, and several classes in which a Market Maker holds others to which the BOX market has no counterpart. appointments in a given month is 75,000 which, at 9 BSE also notes that the last sale of a Primary 11 The total number of Market Maker the base trading fee rate of $ 0.20 represent total Market Maker (‘‘PMM’’) membership on the ISE was appointments refers to the number of registered trading fees of $15,000, but the total MAC for the $7.5 million on September 29, 2003. BOX has no Market Makers per class. For example, if there are 25 classes is $16,400, the Market Maker will be PMM equivalent and therefore lacks this significant 100 classes with an average of ten Market Makers obligated to pay the MAC of $16,400 for the month, entry cost. per class, there are 1,000 appointments. rather than the calculated rate of $15,000.

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iii. Determination of the MAC for a options classes listed by BOX would be classifications would be adjusted at Given Options Class divided into six classes, based on the least twice annually (in January and total trading volume of each class across July, based on the average daily volume For purposes of determining the MAC all U.S. options exchanges as for the preceding six month period). for each options class listed by BOX, the determined by OCC data. The

OCC average daily MAC per market maker Class category volume per appointment per (# of contracts) month

A ...... >100,000 ...... $15,000 B ...... 50,000 to 99,999 ..... 3,000 C ...... 25,000 to 49,999 ..... 2,000 D ...... 10,000 to 24,999 ..... 750 E ...... 5,000 to 9,999 ...... 250 F ...... Less than 5,000 ...... 100

The proposed MAC represents the classes assigned to a Market Maker so options exchanges, particularly when OCC market share per Market Maker of that volume for one class is fungible factoring in the substantial fixed costs of approximately 1% with an implicit against other classes for that Market seat or bin memberships, either leased transaction fee per contract of $0.20. For Maker. As a result, although the volume or owned that have no counterpart on example, for options on Nasdaq 100 on a given class needed to reach an BOX. shares (QQQ) (Class Category A because implicit cost of $0.20 a contract may not In summary, the ‘‘notional MAC’’ per of its high daily trading volume), the be achieved, this can be compensated options class is the building block for execution volume required by each for by volume in excess of the MAC on the determination of each Market Market Maker that results in an effective another class, as the following table Maker’s monthly MAC. At the end of rate of $0.20 per contract would be exemplifies. each month, a Market Maker would be 3,750 contracts. This is equivalent to In the example below, a Market Maker obligated to pay the Total MAC, instead 0.9% of OCC volume on this class. The holds appointments on eleven options of the Total Trading Fee, if the per MAC for QQQ would be $15,000 per classes. The related MAC for each class contract trading fee of $0.20, when month, which is equal to 3,750 contracts is shown in the second column; the total multiplied by the Market Maker’s actual per day ($15,000/$0.20/20 trading days). of this column is the Market Maker’s trade executions for the month, does not Although a Market Maker may not Total MAC for that month. The Market result in a Total Trading Fee payable to achieve enough trades to meet its MAC Maker’s actual traded volume for each BOX at least equal to the MAC. in a class in a given month, its implicit class for the month is provided in the The MAC would not be applied cost per contract would only increase by third column. If the fees payable to BOX during the first three calendar months minimal amounts. For instance, if a for his traded volume, at a rate of $0.20 following launch. Furthermore, the Market Maker is assigned to all the per contract, do not total to at least the MAC would be ‘‘indexed’’ to BOX’s currently proposed 250 classes, based total MAC for a given month, he would overall market share as determined by on first and second quarter 2003 OCC instead be billed the Total MAC OCC clearing volumes. At the beginning volume, the monthly MAC for that ($12,100). of each calendar month, BOX would Market Maker would be $104,400. To Since the Total MAC in the above calculate its market share for the reach an effective cost of $0.20 per table is greater than the Total Trading previous month (market share equals contract, this Market Maker would need Fee calculated from actual volume for the total BOX traded volume divided by to trade at least 522,000 contracts (and the month, the Market Maker must pay the total OCC cleared volume for the the Trading Fee, rather than the MAC, the Total MAC. This gives him an classes that BOX has listed). If BOX’s would apply). If the Market Maker implied trading fee per contract of overall market share is less than 10%, traded only 400,000 contracts, his slightly more than $0.21 ($12,100 BOX would reduce the MAC applicable implicit cost per contract would be divided by 57,500) which is, of course, for each Market Maker according to the $0.26. The MAC is totaled across all still very competitive with the other following table:

TABLE A.—SAMPLE MONTHLY MAC FOR A MARKET MAKER

Actual Appointed Class MAC $ volume trad- Trading ed fee $

A ...... 3,000 15,000 3,000 B ...... 2,000 12,000 2,400 C ...... 2,000 10,000 2,000 D ...... 2,000 7,000 1,400 E ...... 750 2,000 400 F ...... 750 2,000 400 G ...... 750 2,500 500 H ...... 250 1,500 300 I ...... 250 1,000 200 J ...... 250 2,500 500 K ...... 100 2,000 400

Totals ...... 12,100 57,500 11,500

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Period. The Volume Discounts would be d. Other Fees BOX market share MAC applicable rate as follows: i. InterMarket Linkage 0% to 4.99% ...... 33.3% Average daily volume as The Exchange is also proposing 5% to 9.99% ...... 66.7% appointed Market Maker (appli- Per contract various other fees, including fees for 10% and more ...... full MAC cable only if MAC trades executed via the InterMarket thresholds are achieved) Linkage (‘‘Linkage’’). These Linkage fees The BSE has determined that a fixed For all contracts up to a volume include charges to Options Participants, dollar amount for the MAC, rather than of 25,000 contracts ...... 0 such as those for a trade in the BOX a percentage of OCC volume for each For the contracts traded be- market which is triggered by an away class, is preferable for determining the tween 25,000 and 50,000 market’s satisfaction request,15 as well MAC. With a fixed dollar amount, (First Discoubt Threshold) .... $0.03 as a charge levied on away markets for Market Makers would be better able to For the contracts traded above inbound Principal (‘‘P’’) and Principal know in advance their costs and be able a total of 50,000 (Second as Agent (‘‘PA’’) orders. This charge to to adjust their operations, minimize Discount Threshold) ...... 0.05 an away market would not be in other costs and react to ensure they addition to any other per contract meet their monthly fee objectives. A As an example of how the Volume charges on BOX and is equivalent to the percentage calculation would not allow Discount would apply, suppose that, in regular trading fee for Market Maker and Market Makers to achieve this objective a given month which had twenty (20) broker-dealer accounts on BOX. The as the fee would be variable monthly trading days, a Market Maker executed side of a BOX trade opposite an inbound and Market Makers would not be able to 1.2 million contracts. Of this total, 1.1 P or PA order would be billed normally plan their activities accordingly. The million executions were in the 100 as any other BOX trade.16 Exchange believes that a fixed dollar classes for which he holds a market As with all of the existing exchanges, amount is easier to manage and thus is maker appointment; the total trading the BSE is proposing that its fees related more in line with the spirit of the MAC. fees due to BOX before discount would to the Linkage be approved on a pilot be $220,000 ($0.20 multiplied by 1.1 basis, until January 31, 2004. If, in iv. Adjustment of MAC Categories million executions). concert with the other options The BSE would review the MAC The total volume across his exchanges, the BSE seeks to extend the categories at least twice per year in appointments would be an average daily pilot period for the effectiveness of January and July. Although the MAC volume (‘‘ADV’’) of 55,000 contracts per these fees, such an extension would be applicable to each category would day. 25,000 of these contracts (the the basis of a subsequent rule filing. remain constant, the category applicable excess over the first ‘‘threshold’’ of ii. Compliance Assessment if BSE is to each class would be reviewed to 25,000 ADV up to the second threshold DOEA of 50,000 ADV) would be subject to a reflect new OCC volume data for each Also included in the proposed fee discount of $0.03; an additional 5,000 of class. The January review would be schedule for the BOX market is a these contracts would be subject to the based on actual OCC volume for the last monthly compliance assessment for second tier discount of $0.05. The 6 months of the previous year, and the firms for which the BSE assumes following discounts would apply: June review would be based on the first examination responsibilities under the • × 6 months of current year. If exceptional First threshold discount: 25,000 inter exchange allocation process × events or news occur in a given class, $0.03 20 days = $15,000 pursuant to Rule 17d–2 of the Act.17 the Exchange may review the MAC level • Second threshold discount: 5,000 × iii. Technology and Other Fees for that class at anytime. The BSE would $0.05 × 20 days = $5,000 file with the Commission any changes to • The proposed fee schedule also its fees pursuant to section 19 of the Total discount: $20,000 • includes certain technology fees. These Act.14 Net trading fees due to BOX for include fees for services such as month: $200,000 ($220,000¥$20,000) v. Volume Discounts installation and hosting fees for Point of • ‘‘Implied’’ trading fee per contract Presence Connection. BOX’s Points of The Exchange would also provide a for Market Maker in assigned classes: Presence (‘‘PoP’’) are the sites where volume discount if a Market Maker’s $200,000/1,100,000 = $0.1818 BOX Participants connect to the BOX average daily volume in a given month The Exchange believes that the total network for communication with the exceeds certain thresholds, including actual trading costs for Market Makers BOX Trading Host. Each of these PoPs the minimum level of activity necessary on the proposed BOX market, when is operated by a third party supplier to avoid paying a MAC for assigned compared to the actual total costs of under contract to BOX. Through classes. A Market Maker’s activity will trading on all of the existing options connection fees, BOX would recuperate first be applied to meeting his MAC exchanges, pose very low barriers to the fees charged by each PoP contractor requirement. The volume discount will access and entry into the U.S. options for the use of the facility by a BOX apply to any additional activity. The trading arena. The BSE strongly believes Participant. The amount to be paid by BSE believes that the volume levels are that lower total costs for Market Makers each BOX Participant is variable based realistic and achievable, and that the in combination with unfettered access discount levels are substantial so as to (i.e., no purchase or lease requirements 15 Consistent with the plan governing the incent Market Makers to participate in and open class appointments) and operation of the Linkage, no fees will be charged to the parties sending the Satisfaction request to BOX. the BOX market and provide customers automated price time priority trading Rather, the fee will be charged to the BOX Options with the beneficial effects of both low would create a competitive market on Participant that was responsible for the trade- cost trading, as well as enhanced price BOX in which Market Makers would through that caused the Satisfaction request to be improvement opportunities through have the proper incentives to pass on sent. BOX’s unique Price Improvement 16 See section 4 of the proposed BOX Fee their cost savings in the form of better Schedule. quotes, tighter spreads and price 17 See section 6 of the proposed BOX Fee 14 15 U.S.C. 78s. improvement to all market participants. Schedule.

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on his particular configuration, the necessary both to establish initial IV. Solicitation of Comments determining factors being the number of compatibility of their software as well as Interested persons are invited to physical connections a BOX Participant to maintain this connectivity as the BOX submit written data, views, and has and the bandwidth associated with Trading Host implements upgrades and arguments concerning the foregoing, 18 each. evolutions. This fee is charged directly including whether the proposed rule Additionally, there would be certain to the Third Party Service Provider, not change is consistent with the Act. installation and hosting costs which are the Options Participant, and is not Persons making written submissions related to the physical installation of charged to BOX Participants who should file six copies thereof with the equipment (generally routers, though connect their proprietary software Secretary, Securities and Exchange possibly other hardware) at the PoP site. 22 systems to the BOX Trading Host. Commission, 450 Fifth Street, NW., BOX Participants would be required to None of the technology related fees Washington, DC 20549–0609. Copies of pay this fee only if they have physical would be billed prior to the launch of the submission, all subsequent installations at the BOX PoP and for trading on BOX. amendments, all written statements which BOX incurs fees from its own In all instances, the Exchange has with respect to the proposed rule service suppliers. strived to structure its fees to eliminate change that are filed with the Finally, there is also a ‘‘Cross complexity and hidden charges in its Connect’’ fee per physical connection Commission, and all written BOX fee schedule, and, to that end, is communications relating to the which varies by size from the smallest proposing a minimal number of fees at 19 proposed rule change between the (T–1) to the largest (CAT 5). very competitive rates. There also would be fees for optional Commission and any person, other than services such as: 2. Statutory Basis those that may be withheld from the public in accordance with the CMS Order Routing Service Fee. This The Exchange believes that the service is optional for BOX Participants provisions of 5 U.S.C. 552, will be proposed rule change is consistent with available for inspection and copying in and is offered as an alternative to the the requirements under section 6(b) of FIX and proprietary gateways to the 23 the Commission’s Public Reference the Act, in general, and furthers the Room. Copies of such filings will also be BOX Trading Host. The CMS Gateway is objective of section 6(b)(4) of the Act,24 a service provided by BOX to those BOX available for inspection and copying at in particular, in that it provides for the the principal office of the Exchange. All Participants who use the CMS protocol equitable allocation of reasonable dues, for routing orders. CMS may only be submissions should refer to File No. fees and other charges among its used for agency activities (and not SR–BSE–2003–17 and should be members. proprietary orders and market maker submitted by December 11, 2003. activities). BOX has subcontracted with B. Self-Regulatory Organization’s For the Commission, by the Division of a software bureau for the operation of Statement on Burden on Competition Market Regulation, pursuant to delegated 25 this gateway; the per firm, per month fee The Exchange does not believe that authority. is to recuperate some of the costs BOX the proposed rule change will impose Margaret H. McFarland, incurs in paying the software supplier to any burden on competition that is not Deputy Secretary. 20 provide this service. Back necessary or appropriate in furtherance [FR Doc. 03–29095 Filed 11–18–03; 9:31 am] Office Trade Management Software of the purposes of the Act. BILLING CODE 8010–01–P (‘‘TMS’’) Fee. TMS is optional software which BOX Participants may subscribe C. Self-Regulatory Organization’s to in order to manage their BOX trades Statement on Comments on the DEPARTMENT OF STATE prior to their transmission by BOX to Proposed Rule Change Received From OCC. It is useful only to BOX Members, Participants, or Others [Public Notice 4541] Participants acting as agent for public The Exchange did not solicit or Culturally Significant Objects Imported customers or other broker-dealer receive written comments on the for Exhibition Determinations: ‘‘Gilbert accounts. If a firm is able to include all proposed rule change. Stuart’’ relevant clearing data on an order prior to sending it to BOX, this software is not III. Date of Effectiveness of the AGENCY: Department of State. Proposed Rule Change and Timing for required since the order entry formats of ACTION: Notice. BOX messages allow the BOX Commission Action Participant to achieve straight through Within 35 days of the date of SUMMARY: Notice is hereby given of the processing.21 . publication of this notice in the Federal following determinations: Pursuant to Testing and Support for Third Party Register or within such longer period (i) the authority vested in me by the Act of Providers Fee. Third Party Service as the Commission may designate up to October 19, 1965 [79 Stat. 985, 22 U.S.C. Providers, generally either Independent 90 days of such date if it finds such 2459], the Foreign Affairs Reform and Software Vendors (‘‘ISVs’’) who provide longer period to be appropriate and Restructuring Act of 1998 [112 Stat. ‘‘front end’’ trading software systems or publishes its reasons for so finding, or 2681 et seq.], Delegation of Authority service bureaus which provide and (ii) as to which the Exchange consents, No. 234 of October 1, 1999 [64 FR operate order routing systems for broker the Commission will: 56014], Delegation of Authority No. 236 dealers, may connect to the BOX (A) By order approve such proposed of October 19, 1999 [64 FR 57920], as Trading Host test platform. This is rule change, or amended by Delegation of Authority No. (B) Institute proceedings to determine 236–3 of August 28, 2000 [65 FR 53795], 18 See section 5(a) of the proposed BOX Fee whether the proposed rule change and Delegation of Authority No. 257 of Schedule. should be disapproved. April 15, 2003 [68 FR 19875], I hereby 19 See section 5(a) of the proposed BOX Fee determine that the objects to be Schedule. included in the exhibit, ‘‘Gilbert 20 See section 5(b) of the proposed BOX Fee 22 See section 5(d) of the proposed BOX Fee Schedule. Schedule. Stuart’’, imported from abroad for the 21 See section 5(c) of the proposed BOX Fee 23 15 U.S.C. 78f(b). Schedule. 24 15 U.S.C. 78f(b)(4). 25 17 CFR 200.30–3(a)(12).

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temporary exhibition without profit Important Note: This Request for Grant or other kinds of distance within the United States, are of cultural Proposals contains language in the communication, the U.S. grantee significance. The objects are imported ‘‘Shipment and Deadline for Proposals’’ that organization should include within pursuant to loan agreements with is significantly different from that used in the Phase I a planning trip of approximately past. Please pay special attention to two to four weeks to Baku. foreign lenders. I also determine that the procedural changes as outlined. temporary exhibition or display of the (1) Recruitment of participants: objects at the Metropolitan Museum of Project Overview Within the first six months of the Art, New York, New York, from on or project, the U.S. grantee organization about October 18, 2004, to on or about The project is intended to assist will communicate with the Public February 27, 2005, the National Gallery Azerbaijan educators to improve Affairs Section of the U.S. Embassy in of Art, Washington, DC, from on or elementary education in their country. Baku and with representatives of a local about April 10, 2005, to on or about July The project will train a team of NGO active in the education sector or 31, 2005, and possible additional educators from Azerbaijan to develop with other local educators to coordinate venues yet to be determined is in the curriculum in a limited range of the recruitment and selection of national interest. Public Notice of these elementary subjects. The same team will approximately six Azerbaijan determinations is ordered to be develop a handbook on teaching participants for the curriculum published in the Federal Register. methodology for elementary school development team. The U.S. applicant teachers that will relate to the subject- FOR FURTHER INFORMATION CONTACT: For should identify in the proposal an NGO specific curricular materials. The further information, including a list of or a network of elementary educators in materials and the teachers’ handbook the exhibit objects, contact Paul W. Azerbaijan with which they propose to will be tested and disseminated in Manning, Attorney-Adviser, Office of work in the recruitment effort. The classrooms and at teacher training sites the Legal Adviser, 202/619–5997, and curriculum development team should in Azerbaijan. the address is United States Department include participants with previous The rationale for this project is that by of State, SA–44, Room 700, 301 4th training and professional experience introducing more interactive, student- Street, SW., Washington, DC 20547– with elementary education, curriculum centered teaching practices tied to 0001. development and in-service teacher relevant elementary-level studies in training. Dated: November 6, 2003. Azerbaijan, educators in that country (2) After the curriculum development C. Miller Crouch, will be better equipped to prepare team has been selected, the grantee Principal Deputy Assistant Secretary for students to participate as citizens in a organization should consult with the Educational and Cultural Affairs, Department democratic society. As part of the effort team members and with other of State. to promote cooperative relationships elementary educators in Azerbaijan to [FR Doc. 03–29013 Filed 11–19–03; 8:45 am] within a democratic society, the project assess the elementary educational BILLING CODE 4710–08–P will also prepare teachers to relate curricula and related teaching materials effectively with other members of the that are currently in use in that country, educational community including as well as the U.S. materials that may be DEPARTMENT OF STATE administrators, parents, students, and relevant to the needs of elementary [Public Notice 4540] officials responsible for educational teachers in Azerbaijan. Based on that oversight. analysis, the curriculum development team will select the elementary subjects Bureau of Educational and Cultural Project Design Affairs Request for Grant Proposal: in which the curricular materials will be Elementary School Curriculum The process for developing, testing, developed and the methodologies which Development and Teacher Education publishing, and disseminating the the teachers’ manual will target. Project for Azerbaijan materials and the handbook should (3) The grantee organization should include a carefully designed series of consult with the Azerbaijan Ministry of Summary: The Office of Global exchange visits and related activities Education regarding the following key Educational Programs of the Bureau of within a three-year period. Proposals features of the project (See POGI for Educational and Cultural Affairs in the should describe a strategy for contact information): (a) Approval of Department of State announces an open administering the project effectively and paid leave for the Azerbaijan competition for an assistance award to for evaluating the results of project participants during their stays in the support planning, implementing and implementation. Proposals should also U.S. and during subsequent periods of evaluating a project to improve demonstrate that the project’s objectives training in Azerbaijan; (b) facilitation of elementary education in Azerbaijan are feasible within the budget proposed the logistics for the training sessions to through subject-related curriculum and take into account local conditions be conducted in Azerbaijan through development and teacher training. that may affect recruitment, signed agreements with the Ministry of Public and private non-profit implementation, teacher training or Education or other education organizations meeting the provisions pilot testing activities in Azerbaijan. authorities; (c) if the project includes described in IRS regulation 26 U.S.C. The project design should be outlined activities that will ultimately require 501(c)(3) may submit proposals to within the general framework of three government approval, the proposal will cooperate with the Bureau in the project phases. (Full details for each include a plan for securing the approval administration of a three-year project to project phase are contained in the of the Ministry or other relevant develop elementary school curricula in POGI). educational authorities. a limited range of subjects together with a related teaching methodology manual Phase One: Recruitment of Participants, Phase Two: U.S. Workshop for elementary school teachers, and to Selection of Subjects, and Arrangement In Phase II of this project, members of pilot-test and disseminate the subject- of Administrative Details the curriculum development team from related curricula and the teachers’ Although some of the activities in Azerbaijan will spend approximately 12 manual in schools and at teacher Phase I may be initiated and weeks in the U.S. attending an intensive training sites in Azerbaijan. implemented through correspondence curriculum development workshop. The

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U.S. grantee organization will conduct are expected to be completed within the kind contributions. Bureau guidelines the workshop at which the team will three-year timeframe. require that grants to organizations with draft the curricular materials and the less than four years of experience in Project Evaluation teachers’ manual in consultation with conducting international exchanges be U.S. specialists with expertise on the Proposals should describe and budget limited to $60,000. Therefore, targeted subjects and methodologies. for project evaluation. Organizations organizations with less than four years’ The U.S. workshop should include that are awarded Bureau grants must experience in conducting international opportunities for the direct observation formally submit periodic reports to the exchanges are ineligible to apply under of U.S. classroom teaching, school Bureau on the project’s activities in this competition. administration, and community relation to its objectives. The formal Applicants must submit a involvement as appropriate. evaluation reports should include an comprehensive budget for the entire Consultations with U.S. teachers and assessment of the status of elementary program. There must be a summary professional counterparts, including education at the time of program budget as well as breakdowns reflecting mentored attendance at professional inception with specific reference to both administrative and program meetings, may also be appropriate. project objectives; formative evaluation budgets. Applicants may provide Proposals should incorporate sufficient to allow for mid-course revisions in the separate sub-budgets for each program time for writing the curricular materials implementation strategy; and, at the component, phase, location, or activity and teachers’ manual so that working conclusion of the project, summative to provide clarification. The summary drafts will have been completed by the evaluation of the degree to which the and the detailed project and time the curriculum development team project’s objectives have been achieved. administrative budget should be returns to Azerbaijan. The proposal should discuss how the accompanied by a narrative which issues raised throughout the formative Phase Three: Pilot-Testing, Teacher explains and justifies the amounts evaluation process will be assessed and requested. Training, Publication, and addressed. The summative evaluation Dissemination Allowable costs for the program should describe the project’s influence include the following: In Phase III of the project, the grantee on the participating institutions and (1) Administrative costs, including organization will implement a program participants, as well as the educational salaries and benefits. for testing, revising and publishing the community in Azerbaijan. The (2) Program costs, including general curricular materials and teachers’ summative evaluation should also program costs and program costs for manual drafted in Phase II. Proposals include recommendations about how to individual participants in project should describe a strategy for build upon project achievements activities. Please refer to the POGI for collaborating with local elementary without additional Bureau support. The complete budget and formatting schools, other appropriate educational use of external consultants with guidelines. organizations and teacher training appropriate subject, cultural, and Announcement Title and Number: All networks in Azerbaijan, including regional expertise is encouraged. Copies correspondence with the Bureau pedagogical institutes, to facilitate pilot of evaluation reports must be provided concerning this RFGP should reference testing of the curricular materials and to the Department of State. the above title and number ECA/A/S/U– the teachers’ manual as well as training The grantee organization will be 04–05. teachers to use the materials and the expected to submit intermediate manual. (For a list of in-service teacher program and financial reports after each FOR FURTHER INFORMATION CONTACT: The training centers and contact project component is concluded. In Humphrey Fellowships and information, please see the POGI.) addition to the formally scheduled Institutional Linkages Branch, Office of Targeted elementary schools should reports, the evaluation strategy should Global Educational Programs, U.S. include those involved with the include a mechanism for promptly Department of State, 301 4th Street, SW, Azerbaijan ‘‘Connectivity Project’’ providing the Bureau with information Washington, DC 20547, telephone: 202– sponsored by the Bureau of Educational that will equip the Department of State 619–5289; Fax: 202–401–1433; or and Cultural Affairs. (Information on the to summarize and illustrate project [email protected], to request a Azerbaijan Connectivity Project can be activities and achievements as they solicitation package. The Solicitation found at http://www.projectharmony. occur. Package contains detailed award az/.) criteria, required application forms, Proposals should demonstrate an Project Administration specific budget instructions, and ability to coordinate and to monitor Proposals should explain how project standard guidelines for proposal Phase III activities. Proposals should activities will be administered both in preparation. Please specify Bureau describe the composition and size of the the U.S. and overseas in ways that will Program Officer Jonathan Cebra on all teacher and student populations that ensure that the project maintains a focus other inquiries and correspondence. will benefit from the innovations to be on its objectives while adjusting to Please read the complete Federal introduced through the curriculum changing conditions, assessments, and Register announcement before sending development and teacher training effort. opportunities. inquiries or submitting proposals. Once In addition, proposals should describe the RFGP deadline has passed, Bureau Budget Guidelines (or outline a strategy for ascertaining) staff may not discuss this competition feasible options for publishing the The Bureau anticipates awarding one with applicants until the proposal materials and the manual for grant not to exceed $245,000 to support review process has been completed. dissemination. program and administrative costs To Download a Solicitation Package required to conduct this project. The via Internet: The entire Solicitation Project Duration Bureau encourages applicants to Package may be downloaded from the Pending the availability of funds, provide maximum levels of cost sharing Bureau’s Web site at http:// grant activities should begin on or and funding from private sources in exchanges.state.gov/education/RFGPs. around February 1, 2004 and should last support of its programs. These Please read all information before for a three-year period. Grant activities contributions may include estimated in- downloading.

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New OMB Requirement non-political character and should be Review Process AN OMB policy directive published balanced and representative of the The Bureau will acknowledge receipt in the Federal Register on Friday, June diversity of American political, social, of all proposals and will review them 27, 2003, requires that all organizations and cultural life. ‘‘Diversity’’ should be for technical eligibility. Proposals will applying for Federal grants or interpreted in the broadest sense and be deemed ineligible if they do not fully cooperative agreements must provide a encompass differences including, but adhere to the guidelines stated herein Dun and Bradstreet (D&B) Data not limited to ethnicity, race, gender, and in the Solicitation Package. The Universal Numbering System (DUNS) religion, geographic location, socio- program office, as well as the Public economic status, and physical number when applying for all Federal Affairs Section overseas, where challenges. Applicants are strongly grants or cooperative agreements on or appropriate will review all eligible encouraged to adhere to the after October 1, 2003. The complete proposals. Eligible proposals will be advancement of this principle both in OMB policy directive can be referenced forwarded to panels of Bureau officers program administration and in program at http://www.whitehouse.gov/omb/ for advisory review. Proposals may also content. Please refer to the review fedreg/062703_grant_identifier.pdf. be reviewed by the Office of the Legal criteria under the ’Support for Diversity’ Please also visit the ECA Web site at Adviser or by other Department section for specific suggestions on http://exchanges.state.gov/education/ elements. Final funding decisions are at incorporating diversity into the total rfgps/menu.htm for additional the discretion of the Department of proposal. Public Law 104–319 provides information on how to comply with this that ‘‘in carrying out programs of State’s Assistant Secretary for new directive. educational and cultural exchange in Educational and Cultural Affairs. Final Shipment and Deadline for Proposals countries whose people do not fully technical authority for assistance enjoy freedom and democracy,’’ the awards (grants or cooperative IMPORTANT NOTE: The deadline for this Bureau ‘‘shall take appropriate steps to agreements) resides with the Bureau’s competition is Friday, January 16, 2004. In provide opportunities for participation Grants Officer. light of recent events and heightened security in such programs to human rights and measures, proposal submissions must be sent Review Criteria democracy leaders of such countries.’’ via a nationally recognized overnight Technically eligible applications will Public Law 106—113 requires that the delivery service (i.e., DHL, Federal Express, be competitively reviewed according to governments of the countries described UPS, Airborne Express, or U.S. Postal Service the criteria stated below. These criteria Express Overnight Mail, etc.) and be shipped above do not have inappropriate are not rank ordered and all carry equal no later than the above deadline. The influence in the selection process. delivery services used by applicants must Proposals should reflect advancement of weight in the proposal evaluation: 1. Quality of the program idea: have in-place, centralized shipping these goals in their program contents, to identification and tracking systems that may the full extent deemed feasible. Proposals should exhibit originality, be accessed via the Internet and delivery substance, precision, and relevance to people who are identifiable by commonly Adherence to All Regulations the Bureau’s mission and recognized uniforms and delivery vehicles. It Governing the J Visa responsiveness to the objectives and is each applicant’s responsibility to ensure guidelines stated in this solicitation. that each package is marked with a legible The Bureau of Educational and tracking number and to monitor/confirm Cultural Affairs is placing renewed Proposals should demonstrate delivery via the Internet. Faxed documents emphasis on the secure and proper substantive expertise in curriculum will not be accepted at any time. administration of Exchange Visitor (J development, elementary education and teacher training. Applicants must follow all visa) Programs and adherence by 2. Creativity and feasibility of instructions in the Solicitation Package. grantees and sponsors to all regulations program plan: A detailed agenda and a The original and eight copies of the governing the J visa. Therefore, relevant work plan should demonstrate application should be sent to: proposals should demonstrate the U.S. Department of State, SA–44, applicant’s capacity to meet all substantive undertaking, logistical Bureau of Educational and Cultural requirements governing the capacity, and a creative utilization of Affairs, administration of Exchange Visitor resources and of relevant professional Ref.: ECA/A/S/U–04–05, Programs as set forth in 22 CFR 62, development opportunities. The agenda Program Management, ECA/EX/PM, including the oversight of Responsible and work plan should be consistent Room 534, 301 4th Street, SW, Officers and Alternate Responsible with the program overview and project Washington, DC 20547. Officers, screening and selection of design that are outlined in this Applicants must also submit the program participants, provision of pre- solicitation. ‘‘Executive Summary’’ and ‘‘Proposal arrival information and orientation to 3. Ability to achieve project objectives: Narrative’’ sections of the proposal on a participants, monitoring of participants, Objectives should be reasonable, 3.5’’ diskette, formatted for DOS. These proper maintenance and security of feasible, and flexible. Proposals should documents must be provided in ASCII forms, record-keeping, reporting and clearly demonstrate how the institution text (DOS) format with a maximum line other requirements. The Grantee will be will meet the program’s objectives and length of 65 characters. The Bureau will responsible for issuing DS–2019 forms plan. Proposals should demonstrate an transmit these files electronically to the to participants in this program. A copy understanding of educational issues in Public Affairs section at the U.S. of the complete regulations governing Azerbaijan. Embassy for its review, with the goal of the administration of Exchange Visitor 4. Support of Diversity: Proposals reducing the time it takes to get embassy (J) programs is available at http:// should demonstrate substantive support comments for the Bureau’s grants exchanges.state.gov or from: United of the Bureau’s policy on diversity by review process. States Department of State, Office of explaining how issues of diversity are Exchange Coordination and included in program design and Diversity, Freedom and Democracy Designation, ECA/EC/ECD—SA–44, implementation. Achievable and Guidelines Room 734, 301 4th Street, SW, relevant features should be cited in both Pursuant to the Bureau’s authorizing Washington, DC 20547, Telephone: program administration (selection of legislation, programs must maintain a (202) 401–9810, FAX: (202) 401–9809. participants, program venue and

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program evaluation) and program development of friendly, sympathetic annuitants reemployed, on a temporary content (orientation and wrap-up and peaceful relations between the basis, by the United States Agency for sessions, program meetings, resource United States and the other countries of International Development in support of materials and follow-up activities). The the world.’’ The funding authority for operations in Iraq and Afghanistan. proposal should demonstrate an the program above is provided through This authority may be re-delegated by understanding of the specific diversity the Freedom for Russia and Emerging the Administrator to the Director of needs in Azerbaijan and strategies for Eurasian Democracies and Open Personnel for the United States Agency addressing these needs in terms of the Markets Support Act of 1993 for International Development. project goals. (FREEDOM Support Act). Programs and Notwithstanding any provisions of 5. Institutional capacity and record: projects must conform to Bureau this Delegation of Authority, the Proposed personnel and institutional requirements and guidelines outlined in Secretary of State, the Deputy Secretary resources should be adequate and the Solicitation Package. Bureau of State, the Under Secretary of State for appropriate to achieve the goals of the projects and programs are subject to the Management, and the Director General project. Proposals should demonstrate availability of funds. an institutional record of successful of the Foreign Service and Director of exchange activities, including Notice Human Resources may at any time responsible fiscal management and full The terms and conditions published exercise the functions herein delegated. compliance with all reporting in this RFGP are binding and may not Any reference in this Delegation of requirements for past Bureau grants as be modified by any Bureau Authority to any statute or delegation of determined by the Bureau’s grants staff. representative. Explanatory information authority shall be deemed to be a The Bureau will consider the past provided by the Bureau that contradicts reference to such statute or delegation of performance of prior grant recipients as published language will not be binding. authority as amended from time to time. well as the demonstrated potential of Issuance of the RFGP does not This Delegation of Authority shall be new applicants. constitute an award commitment on the published in the Federal Register. 6. Project Evaluation: Proposals part of the Government. The Bureau Dated: November 6, 2003. should include a plan to evaluate the reserves the right to reduce, revise, or activity’s success, both as the activities increase proposal budgets in accordance Grant S. Green, unfold and at the end of the program. A with the needs of the program and the Under Secretary of State for Management, draft survey questionnaire or other availability of funds. Awards made will Department of State. evaluation technique should be be subject to periodic reporting and [FR Doc. 03–29012 Filed 11–19–03; 8:45 am] included together with the description evaluation requirements. BILLING CODE 4710–15–P of how project outcomes will be Notification compared with project objectives. 7. Follow-on Activities: Proposals Final awards cannot be made until should provide a plan for continued funds have been appropriated by DEPARTMENT OF TRANSPORTATION follow-on activity (without Bureau Congress, allocated and committed support) that ensures that the project through internal Bureau procedures. Office of the Secretary activities are not isolated events but are Dated: November 10, 2003. Aviation Proceedings, Agreements part of a coherent and on-going plan to C. Miller Crouch, Filed the Week Ending November 7, improve education in Azerbaijan. Principal Deputy Assistant Secretary, Bureau 2003 8. Cost-effectiveness: The overhead of Educational and Cultural Affairs, and administrative components of the Department of State. The following Agreements were filed proposal, including salaries and [FR Doc. 03–29014 Filed 11–19–03; 8:45 am] with the Department of Transportation honoraria, should be reasonable and BILLING CODE 4710–05–P under the provisions of 49 U.S.C. appropriate and should reflect a Sections 412 and 414. Answers may be commitment to pursuing project filed within 21 days after the filing of objectives. The Bureau views cost DEPARTMENT OF STATE the application. sharing as a reflection of institutional [Delegation of Authority No. 265] commitment to the project. Docket Number: OST–2003–16479. Contributions should not be limited to Delegation of Authority to the U.S. Date Filed: November 5, 2003. indirect costs. Agency for International Development Parties: Members of the International Authority Administrator Air Transport Association. Subject: Overall grant making authority for By virtue of the authority vested in this program is contained in the Mutual me as Under Secretary of State for Mail Vote 340, Educational and Cultural Exchange Act Management, including the authority PTC COMP 1104 dated 7 November of 1961, Pub. L. 87–256, as amended, delegated to me by the Secretary of State 2003, also known as the Fulbright-Hays Act. in Delegation of Authority No. 148–1, Resolution 010c—Special Amending The purpose of the Act is ‘‘to enable the dated September 9, 1981, and Resolution r1–r4, Government of the United States to Delegation of Authority No. 198, dated Intended effective date: 15 November increase mutual understanding between September 16, 1992, I hereby delegate to 2003. the people of the United States and the the Administrator of the United States Docket Number: OST–2003–16483. people of other countries; to strengthen Agency for International Development the ties which unite us with other (‘‘Administrator’’) the function Date Filed: November 6, 2003. nations by demonstrating the conferred upon the Secretary of State in Parties: Members of the International educational and cultural interests, section 824(g) of the Foreign Service Act Air Transport Association. developments, and achievements of the of 1980 (22 U.S.C. 4064(g)) with respect Subject: Mail Vote 341, PTC COMP 1105 people of the United States and other to the waiver of salary/annuity Resolution 010d—Special Passenger, nations and thus to assist in the limitations for Foreign Service Amending Resolution r1–r12,

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Intended effective date: 1 December Docket: For access to the docket to Buchanan-Sumter (202) 267–7271, 2003. read background documents or Office of Rulemaking (ARM–1), Federal comments received, go to http:// Aviation Administration, 800 Andrea M. Jenkins, dms.dot.gov at any time or to Room PL– Independence Avenue, SW., Program Manager, Docket Operations, 401 on the plaza level of the Nassif Washington, DC 20591. Federal Register Liaison. Building, 400 Seventh Street, SW., [FR Doc. 03–29031 Filed 11–19–03; 8:45 am] Washington, DC, between 9 a.m. and 5 Correction BILLING CODE 4910–62–P p.m., Monday through Friday, except In notice of petitions for exemption Federal Holidays. FR Doc. 03–28256, published on FOR FURTHER INFORMATION CONTACT: November 12, 2003 (68 FR 64186), make DEPARTMENT OF TRANSPORTATION John Linsenmeyer (202) 267–5174, Tim the following correction: 1. On page 64187, in column 2, Federal Aviation Administration Adams (202) 267–8033, or Sandy Buchanan-Sumter (202) 267–7271, beginning on line four, correct ‘‘Docket [Summary Notice No. PE–2003] Office of Rulemaking (ARM–1), Federal No.: FAA–2003–16195’’ to read ‘‘Docket Aviation Administration, 800 No.: FAA–2003–16138’’. Petitions for Exemption; Summary of Independence Avenue, SW., Issued in Washington, DC, on November Petitions Received Washington, DC 20591. 17, 2003. AGENCY: Federal Aviation This notice is published pursuant to Donald P. Byrne, Administration (FAA), DOT. 14 CFR 11.85 and 11.91. Assistant Chief Counsel for Regulations. ACTION: Notice of petitions for Issued in Washington, DC, on November [FR Doc. 03–29023 Filed 11–19–03; 8:45 am] exemption received. 17, 2003. BILLING CODE 4910–13–P Donald P. Byrne, SUMMARY: Pursuant to FAA’s rulemaking Assistant Chief Counsel for Regulations. provisions governing the application, DEPARTMENT OF TRANSPORTATION processing, and disposition of petitions Petition for Exemption for exemption part 11 of Title 14, Code Docket No.: FAA–2003–16115. Federal Aviation Administration of Federal Regulations (14 CFR), this Petitioner: Raytheon Aircraft Charter notice contains a summary of certain & Management. Notice of Intent To Rule on Application petitions seeking relief from specified Section of 14 CFR Affected: 14 CFR 04–06–C–00–DBQ To Impose and Use requirements of 14 CFR, dispositions of 119.71(e). the Revenue From a Passenger Facility certain petitions previously received, Description of Relief Sought: To Charge (PFC) at Dubuque Regional and corrections. The purpose of this permit Raytheon Aircraft Charter & Airport, Dubuque, IA Management to appoint a Director of notice is to improve the public’s AGENCY: Maintenance who does not meet the Federal Aviation awareness of, and participation in, this Administration, (FAA), DOT. aspect of FAA’s regulatory activities. qualification criteria outlined in 14 CFR ACTION: Notice of intent to rule on Neither publication of this notice nor 119.71(e). Specifically, the exemption application. the inclusion or omission of information would permit Mr. Tim Bowman, an individual who does not possess a in the summary is intended to affect the SUMMARY: The FAA proposes to rule and legal status of any petition or its final powerplant rating on his mechanic invites public comment on the disposition. certificate, to serve as Director of application to impose and use the Maintenance for Raytheon Aircraft and DATES: revenue from a PFC at Dubuque Comments on petitions received Charter Management. must identify the petition docket Regional Airport under the provisions of number involved and must be received [FR Doc. 03–29024 Filed 11–19–03; 8:45 am] the Aviation Safety and Capacity on or before December 10, 2003. BILLING CODE 4910–13–P Expansion Act of 1990 (title IX of the ADDRESSES: You may submit comments Omnibus Budget Reconciliation Act of [identified by DOT DMS Docket Number 1990) (Pub. L. 101–508) and part 158 of DEPARTMENT OF TRANSPORTATION FAA–2003–16115] by any of the the Federal Aviation Regulations (14 CFR part 158). following methods: Federal Aviation Administration • Web site: http://dms.dot.gov. Follow DATES: Comments must be received on the instructions for submitting [Summary Notice No. PE–2003–64] or before December 22, 2003. ADDRESSES: Comments on this comments on the DOT electronic Petitions for Exemption; Summary of application may be mailed or delivered docket site. Petitions Received; Correction • Fax: 1–202–493–2251. in triplicate to the FAA at the following • Mail: Docket Management Facility; AGENCY: Federal Aviation address: Federal Aviation U.S. Department of Transportation, Administration (FAA), DOT. Administration, Central Region, 400 Seventh Street, SW., Nassif ACTION: Notice of petitions for Airports Division, 901 Locust, Kansas Building, Room PL–401, Washington, exemption received; correction. City, MO 64106. DC 20590–0001. In addition, one copy of any • Hand Delivery: Room PL–401 on the SUMMARY: This document makes a comments submitted to the FAA must plaza level of the Nassif Building, 400 correction to the summary of petitions be mailed or delivered to Mr. Andrew Seventh Street, SW., Washington, DC, received published in the Federal D. Perry, A.A.E., Airport Manager, between 9 a.m. and 5 p.m., Monday Register on November 12, 2003 (68 FR Dubuque Regional Airport, at the through Friday, except Federal 64186). That notice contained a following address: 11000 Airport Road, Holidays. summary of certain petitions seeking Dubuque, IA 52003. • Federal eRulemaking Portal: Go to relief from specified requirements of 14 Air carriers and foreign air carriers http://www.regulations.gov. Follow CFR. may submit copies of written comments the online instructions for submitting FOR FURTHER INFORMATION CONTACT: Tim previously provided to the Dubuque comments. Adams (202) 267–8033, Sandy Airport Commission, Dubuque Regional

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Airport, under section 158.23 of Part DEPARTMENT OF TRANSPORTATION into the United States unless NHTSA 158. has decided that the motor vehicle is National Highway Traffic Safety substantially similar to a motor vehicle FOR FURTHER INFORMATION CONTACT: Administration originally manufactured for importation Lorna Sandridge, PFC Program Manager, [Docket No. NHTSA–2003–16528] into and sale in the United States, FAA, Central Region, 901 Locust, certified under 49 U.S.C. 30115, and of Kansas City, MO 64106, (816) 329–2641. Notice of Receipt of Petition for the same model year as the model of the The application may be reviewed in Decision That Nonconforming 2004 motor vehicle to be compared, and is person at this same location. Harley Davidson FX, FL, XL, and capable of being readily altered to VRSCA Motorcycles Are Eligible for conform to all applicable Federal motor SUPPLEMENTARY INFORMATION: The FAA Importation vehicle safety standards. proposes to rule and invites public Petitions for eligibility decisions may comment on the application to impose AGENCY: National Highway Traffic be submitted by either manufacturers or and use the revenue from a PFC at the Safety Administration, DOT. importers who have registered with Dubuque Regional Airport under the ACTION: Notice of receipt of petition for NHTSA pursuant to 49 CFR part 592. As provisions of the Aviation Safety and decision that nonconforming 2004 specified in 49 CFR 593.7, NHTSA Capacity Expansion Act of 1990 (title IX Harley Davidson FX, FL, XL, and publishes notice in the Federal Register of the Omnibus Budget Reconciliation VRSCA motorcycles are eligible for of each petition that it receives, and Act of 1990) (Pub. L. 101–508) and part importation. affords interested persons an 158 of the Federal Aviation Regulations opportunity to comment on the petition. (14 CFR part 158). SUMMARY: This document announces At the close of the comment period, receipt by the National Highway Traffic On November 7, 2003, the FAA NHTSA decides, on the basis of the Safety Administration (NHTSA) of a determined that the application to petition and any comments that it has petition for a decision that 2004 Harley impose and use the revenue from a PFC received, whether the vehicle is eligible Davidson FX, FL, XL, and VRSCA submitted by the Dubuque Airport for importation. The agency then motorcycles that were not originally publishes this decision in the Federal Commission, Dubuque, Iowa, was manufactured to comply with all Register. substantially complete within the applicable Federal motor vehicle safety Milwaukee Motorcycle Imports, Inc. requirements of § 158.25 of part 158. standards are eligible for importation of Milwaukee, Wisconsin The FAA will approve or disapprove the into the United States because (1) they (‘‘MMI’’)(Registered Importer 99–192) application, in whole or in part, no later are substantially similar to vehicles that has petitioned NHTSA to decide than February 25, 2004. were originally manufactured for sale in whether non-U.S. certified 2004 Harley The following is a brief overview of the United States and that were certified Davidson FX, FL, XL, and VRSCA the application. by their manufacturer as complying motorcycles are eligible for importation Level of the proposed PFC: $4.50. with the safety standards, and (2) they into the United States. The vehicles that are capable of being readily altered to MMI believes are substantially similar Proposed charge effective date: June, conform to the standards. are 2004 Harley Davidson FX, FL, XL, 2004. DATES: The closing date for comments and VRSCA motorcycles that were Proposed charge expiration date: on the petition is December 22, 2003. manufactured for sale in the United States and certified by their November, 2005. ADDRESSES: Comments should refer to manufacturer, Harley Davidson Motor Total estimated PFC revenue: the docket number and notice number, Company, as conforming to all $253,795. and be submitted to: Docket applicable Federal motor vehicle safety Management, Room PL–401, 400 Brief description of proposed standards. project(s): Environmental assessment Seventh St., SW., Washington, DC The petitioner claims that it carefully and benefit cost analysis, rehabilitation 20590 (docket hours are from 9 a.m. to compared non-U.S. certified 2004 of Taxiway Charlie and lighting of 5 p.m.). Anyone is able to search the Harley Davidson FX, FL, XL, and Taxiways Charlie and Delta, snow electronic form of all comments VRSCA motorcycles to their U.S. removal equipment, airport master plan, received into any of our dockets by the certified counterparts, and found the replace southeast section of Taxiway name of the individual submitting the vehicles to be substantially similar with Alpha lighting, and acquire a ground comment (or signing the comment, if respect to compliance with most Federal submitted on behalf of an association, level boarding bridge. motor vehicle safety standards. business, labor union, etc.). You may MMI submitted information with its Any person may inspect the review DOT’s complete Privacy Act petition intended to demonstrate that application in person at the FAA office Statement in the Federal Register non-U.S. certified 2004 Harley Davidson listed above under FOR FURTHER published on April 11, 2000 (Volume FX, FL, XL, and VRSCA motorcycles, as INFORMATION CONTACT. 65, Number 70; Pages 19477–78) or you originally manufactured, conform to In addition, any person may, upon may visit http://dms.dot.gov. many Federal motor vehicle safety request, inspect the application, notice FOR FURTHER INFORMATION CONTACT: standards in the same manner as their and other documents germane to the Coleman Sachs, Office of Vehicle Safety U.S. certified counterparts, or are application in person at the Dubuque Compliance, NHTSA (202–366–3151). capable of being readily altered to Regional Airport. SUPPLEMENTARY INFORMATION: conform to those standards. Specifically, the petitioner claims that Issued in Kansas City, Missouri, on Background November 10, 2003. non-U.S. certified 2004 Harley Davidson Under 49 U.S.C. 30141(a)(1)(A), a FX, FL, XL, and VRSCA motorcycles are George A. Hendon, motor vehicle that was not originally identical to their U.S. certified Manager, Airports Division, Central Region. manufactured to conform to all counterparts with respect to compliance [FR Doc. 03–29028 Filed 11–19–03; 8:45 am] applicable Federal motor vehicle safety with Standard Nos. 106 Brake Hoses, BILLING CODE 4910–13–M standards shall be refused admission 111 Rearview Mirrors, 116 Brake Fluid,

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119 New Pneumatic Tires for Vehicles DEPARTMENT OF TRANSPORTATION By the Board, David M. Konschnik, other than Passenger Cars, 122 Director, Office of Proceedings. Vernon A. Williams, Motorcycle Brake Systems, and 205 [STB Finance Docket No. 34432] Glazing Materials. Secretary. The petitioner also states that the Golden Isles Terminal Railroad, Inc.— [FR Doc. 03–28886 Filed 11–19–03; 8:45 am] vehicles’ original manufacturer has Trackage Rights Exemption—CSX BILLING CODE 4915–00–P stamped into the headstock a 17-digit Transportation, Inc. vehicle identification number (VIN) and affixed a label to the vehicles with the CSX Transportation, Inc. (CSXT), DEPARTMENT OF TRANSPORTATION same VIN, as required by 49 CFR part pursuant to a written trackage rights 565. agreement entered into between CSXT Surface Transportation Board The petitioner further contends that and Golden Isles Terminal Railroad, Inc. [STB Finance Docket No. 34423] the vehicles are capable of being readily (GIT), has agreed to grant certain altered to meet the following standards, trackage rights to GIT over CSXT’s rail M & B Railroad, L.L.C.—Acquisition in the manner indicated below: line between milepost A489 near and Operation Exemption—CSX Standard No. 108 Lamps, Reflective Georgia Ports Authority’s Garden City Transportation, Inc. Terminal and milepost S500 at or about Devices and Associated Equipment: (a) M & B Railroad, L.L.C. (MNBR), a the entrance to CSXT’s Savannah Yard, Installation of U.S.-model headlamp Class III rail carrier, has filed a verified plus sufficient tail room from the north assemblies, which incorporate DOT notice of exemption under 49 CFR entrance to Old Savannah Yard, through certified headlamps; (b) replacement of 1150.41 to acquire from CSX Loricks Lead, out on Number One Main all stop lamp and directional bulbs with Transportation, Inc. (CSXT), and operate to milepost A492, and from the south ones that are certified to DOT two segments of rail line. The first entrance of Old Savannah Yard, through requirements; (c) replacement of all segment extends 30.22 miles from the Blossom signal, out on Mainline to lenses and housings (if needed) with milepost XXB 189.00 (some mileposts milepost S504 in Chatham County, GA. ones that are certified to DOT on this segment are not a full mile apart) requirements. The transaction was scheduled to be near Burkeville, AL (also known as Standard No. 120 Tire Selection and consummated after November 7, 2003, Burkville), to milepost XXB 222.00 at Rims for Vehicles other than Passenger the effective date of the exemption (7 the Western Junction station in Dallas Cars: Installation of a tire information days after the notice was filed). County, AL. The second segment placard. The purpose of the trackage is to extends approximately 63.46 miles from Standard No. 123 Motorcycle Controls allow GIT access to the Savannah Yard milepost OOR 716.25 at the Western and Displays: installation of a U.S.- which it is simultaneously leasing from Junction station in Dallas County, AL, to model speedometer reading in miles per CSXT, and to provide terminal milepost ORS 779.71 near Myrtlewood, hour and a U.S.-model odometer switching and other services for AL. The segments being acquired also reading in miles. customers in the Georgia Ports include CSXT’s Selma Yard, at Selma, The petitioner also states that a Authority’s Garden City Terminal Area. AL, and the following stations (all in certification label must be affixed to the As a condition to this exemption, any Alabama): Myrtlewood (milepost ORS front of the motorcycle frame at the time employees affected by the trackage 781), Linden (milepost ORS 771), Hugo, modifications are completed to comply rights will be protected by the Thomaston (milepost ORS 760), Central with the requirements of 49 CFR part conditions imposed in Norfolk and Mills, Orville (milepost ORS 736), 567. Western Ry. Co.—Trackage Rights—BN, Selma (milepost ORS 720), Western Comments should refer to the docket 354 I.C.C. 605 (1978), as modified in Junction (mileposts ORS 717/XXB 222), number and be submitted to: Docket Mendocino Coast Ry., Inc.—Lease and Alamet (milepost XXB 219), Tyler Management, Room PL–401, 400 Operate, 360 I.C.C. 653 (1980). (milepost XXB 213), Benton (milepost Seventh Street, SW., Washington, DC This notice is filed under 49 CFR XXB 207), Laneville (milepost XXB 20590. It is requested but not required 1180.2(d)(7). If the notice contains false 204), Whitehall (milepost XXB 200), that 10 copies be submitted. or misleading information, the Latham Spur (milepost XXB 198), All comments received before the exemption is void ab initio. Petitions to Lowndesboro (milepost XXB 194), close of business on the closing date revoke the exemption under 49 U.S.C. Robinsons (milepost XXB 190), and indicated above will be considered, and 10502(d) may be filed at any time. The Burkeville (milepost XXB 189). The will be available for examination in the filing of a petition to revoke will not acquisition also includes acquisition by docket at the above address both before automatically stay the transaction. MNBR of l4 miles of incidental and after that date. To the extent An original and 10 copies of all overhead trackage rights extending from possible, comments filed after the pleadings, referring to STB Finance Burkeville to Montgomery Yard in closing date will also be considered. Docket No. 34432, must be filed with Montgomery, AL. The trackage rights Notice of final action on the petition the Surface Transportation Board, 1925 will allow MNBR to interchange traffic will be published in the Federal K Street, NW., Washington, DC 20423– with CSXT at CSXT’s Montgomery Register pursuant to the authority 0001. In addition, a copy of each Yard. indicated below. pleading must be served on Eric M. Because MNBR’s projected annual revenues will exceed $5 million, MNBR Authority: 49 U.S.C. 30141(a)(1)(A) and Hocky, Gollatz, Griffin & Ewing, P.C, (b)(1); 49 CFR 593.8; delegations of authority certified to the Board on October 21, Four Penn Center Plaza, 1600 John F. 1 at 49 CFR 1.50 and 501.8. Kennedy Blvd., Suite 200, Philadelphia, 2003, that it had posted the required Issued on: November 17, 2003. PA 19103–2808. 1 Due to the timing of MNBR’s certification to the Kenneth N. Weinstein, Board decisions and notices are Board, consummation under these circumstances Associate Administrator for Enforcement. available on our Web site at ‘‘http:// would have had to be delayed until December 20, www.stb.dot.gov.’’ 2003 (60 days after MNBR’s certification to the [FR Doc. 03–29032 Filed 11–19–03; 8:45 am] Board that it had complied with the requirements BILLING CODE 4910–59–P Decided: November, 12, 2003. of 49 CFR 1150.42(e)). In a decision in this

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notice of intent to undertake the DATES: Written comments should be Respondents: Business or other for- proposed transaction at the workplace received on or before December 22, 2003 profit, Individuals or households. of the employees on the affected line to be assured of consideration. Estimated Number of Respondents/ and had served a copy of the notice of Recordkeepers: 6,000. Internal Revenue Service (IRS) intent on the national offices of all labor Estimated Burden Hours Respondent/ unions with employees on the rail line. OMB Number: 1545–1558. Recordkeeper: 10 hours. See 49 CFR 1150.42(e). MNBR stated in Revenue Procedure Number: Revenue Frequency of Response: On occasion. its verified notice that the transaction Procedure 97–43. Estimated Total Reporting/ was scheduled to be consummated on Revenue Ruling Number: Revenue Recordkeeping Burden: 60,000 hours. November 16, 2003.2 Ruling 97–39. OMB Number: 1545–1701. If the verified notice contains false or Type of Review: Extension. Revenue Procedure Number: Revenue misleading information, the exemption Title: Revenue Procedure 97–43: Procedure 2000–37. is void ab initio. Petitions to revoke the Procedures for Electing Out of Type of Review: Extension. exemption under 49 U.S.C. 10502(d) Exemptions under Section 1.475(c)–1; Title: Reverse Like-Kind Exchanges. may be filed at any time. The filing of and Revenue Ruling 97–39: Mark-to- Description: The revenue procedure a petition to revoke will not Market Accounting Method for Dealers provides a safe harbor for reverse like- automatically stay the transaction. in Securities. kind exchanges under which a An original and 10 copies of all Description: Revenue Procedure 97– transaction using a ‘‘qualified exchange pleadings, referring to STB Finance 43 provides taxpayers automatic accommodation arrangement’’ will Docket No. 34423, must be filed with consent to change to mark-to-market qualify for non-recognition treatment the Surface Transportation Board, 1925 accounting for securities after the under § 1031 of the Internal Revenue K Street, NW., Washington, DC 20423– taxpayer elects under section 1.475(c)– Code. 0001. In addition, a copy of each 1, subject to specified terms and Respondents: Business or other for- pleading must be served on Donald G. conditions. Revenue Ruling 97–39 profit, Individuals or households, Farm. Avery, Slover & Loftus, 1224 provides taxpayers additional mark-to- Estimated Number of Respondents/ Seventeenth Street, NW., Washington, market guidance in a question and Recordkeepers: 1,600. DC 20036–3003. answer format. Estimated Burden Hours Respondent/ Board decisions and notices are Respondents: Business or other for- Recordkeeper: 2 hours. available on our Web site at profit. Frequency of Response: Other (one- ‘‘www.stb.dot.gov.’’ Estimated Number of Respondents: time per transaction). 200. Estimated Total Reporting/ Decided: November 14, 2003. Estimated Burden Hours Respondent: Recordkeeping Burden: 3,200 hours. By the Board, David M. Konschnik, 5 hours. Clearance Officer: R. Joseph Durbala, Director, Office of Proceedings. Frequency of Response: On occasion. (202) 622–3634, Internal Revenue Vernon A. Williams, Estimated Total Reporting Burden: Service, Room 6411, 1111 Constitution Secretary. 1,000 hours. Avenue, NW., Washington, DC 20224. [FR Doc. 03–29034 Filed 11–19–03; 8:45 am] OMB Number: 1545–1573. OMB Reviewer: Joseph F. Lackey, Jr., BILLING CODE 4915–00–P Regulation Project Number: REG– (202) 395–7316, Office of Management 130477–00 and REG–130481–00 Final. and Budget, Room 10235, New Type of Review: Extension. Executive Office Building, Washington, DEPARTMENT OF THE TREASURY Title: Required Distributions from DC 20503. Retirement Plans. Lois K. Holland, Submission for OMB Review; Description: The regulation permits a Comment Request taxpayer to name a trust as the Treasury PRA Clearance Officer. [FR Doc. 03–28992 Filed 11–19–03; 8:45 am] November 12, 2003. beneficiary of the employee’s benefit BILLING CODE 4830–01–P The Department of Treasury has under a retirement plan and use the life submitted the following public expectancies of the beneficiaries of the trust to determine the required information collection requirement(s) to DEPARTMENT OF THE TREASURY OMB for review and clearance under the minimum distribution, if certain Paperwork Reduction Act of 1995, Pub. conditions are satisfied. Internal Revenue Service L. 104–13. Copies of the submission(s) Respondents: Individuals or may be obtained by calling the Treasury households. Open Meeting of the Taxpayer Bureau Clearance Officer listed. Estimated Number of Respondents: Advocacy Panel Earned Income Tax Comments regarding this information 1,000. Credit Issue Committee Estimated Burden Hours Respondent: collection should be addressed to the 20 minutes. AGENCY: Internal Revenue Service (IRS) OMB reviewer listed and to the Frequency of Response: On occasion. Treasury. Treasury Department Clearance Officer, Estimated Total Reporting Burden: Department of the Treasury, Room ACTION: Notice. 333 hours. 11000, 1750 Pennsylvania Avenue, SUMMARY: An open meeting of the NW., Washington, DC 20220. OMB Number: 1545–1697. Revenue Procedure Number: Revenue Taxpayer Advocacy Panel Earned Procedure 2000–35. Income Tax Credit Issue Committee will proceeding served on November 3, 2003, however, be conducted (via teleconference). The the Board granted the request by MNBR for waiver Type of Review: Extension. of the remainder of the 60-day notice period to Title: Section 1445 Withholding Taxpayer Advocacy Panel is soliciting allow consummation to occur as early as November Certificates. public comments, ideas and suggestions 14, 2003. Description: Revenue Procedure on improving customer service at the 2 It appears on this record that the parties Internal Revenue Service. intended to effect the operational changes on 2000–35 provides guidance concerning November 16, 2003, but that they proposed to applications for withholding certificates DATES: The meeting will be held ‘‘close’’ on November 14, 2003. under Code section 1445. Wednesday, December 17, 2003.

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FOR FURTHER INFORMATION CONTACT: (Notices) Issue Committee of the during the meeting. Please contact Mary Marisa Knispel at 1–888–912–1227 (toll- Taxpayer Advocacy Panel will be held Ann Delzer at 1–888–912–1227 or (414) free), or 718–488–3557 (non toll-free). Wednesday, December 17, 2003, from 297–1604 for dial-in information. SUPPLEMENTARY INFORMATION: Notice is 12 noon EST to 1 p.m. EST via a The agenda will include the hereby given pursuant to Section telephone conference call. Individual following: Various IRS issues. 10(a)(2) of the Federal Advisory comments will be limited to 5 minutes. Committee Act, 5 U.S.C. App. (1988) If you would like to have the TAP Dated: November 17, 2003. that an open meeting of the Taxpayer consider a written statement, please call Tersheia Carter, Advocacy Panel Earned Income Tax 1–888–912–1227 or 954–423–7979, or Acting Director, Taxpayer Advocacy Panel. Credit Issue Committee will be held write Sallie Chavez, TAP Office, 1000 [FR Doc. 03–29046 Filed 11–19–03; 8:45 am] Wednesday, December 17, 2003 from 2 South Pine Island Road, Suite 340, BILLING CODE 4830–01–P p.m. to 3 p.m. EST via a telephone Plantation, FL 33324. Due to limited conference call. The public is invited to conference lines, notification of intent make oral comments. Individual to participate in the telephone DEPARTMENT OF THE TREASURY comments will be limited to 5 minutes. conference call meeting must be made If you would like to have the TAP with Sallie Chavez. Ms. Chavez can be Internal Revenue Service consider a written statement, please call reached at 1–888–912–1227 or 954– 1–888–912–1227 or 718–488–3557, or 423–7979. Open Meeting of the Taxpayer write Marisa Knispel, TAP Office, 10 The agenda will include various IRS Advocacy Panel (TAP) Multilingual MetroTech Center, 625 Fulton Street, issues. Initiative Issue (MLI) Committee Will Be Brooklyn, NY 11201. Due to limited Dated: November 17, 2003. Conducted (Via Teleconference) conference lines, notification of intent Tersheia Carter, AGENCY: Internal Revenue Service (IRS) to participate in the telephone Acting Director, Taxpayer Advocacy Panel. conference call meeting must be made Treasury. [FR Doc. 03–29045 Filed 11–19–03; 8:45 am] with Marisa Knispel. BILLING CODE 4830–01–P ACTION: Notice. The agenda will include various IRS issues. SUMMARY: An open meeting of the Dated: November 17, 2003. DEPARTMENT OF THE TREASURY Taxpayer Advocacy Panel (TAP) Tersheia Carter, Multilingual Initiative Issue (MLI) Internal Revenue Service Acting Director, Taxpayer Advocacy Panel. Committee will be conducted (via [FR Doc. 03–29044 Filed 11–19–03; 8:45 am] Open Meeting of the Area 4 Taxpayer teleconference). The Taxpayer BILLING CODE 4830–01–P Advocacy Panel (Including the States Advocacy Panel is soliciting public of Illinois, Indiana, Kentucky, Michigan, comments, ideas, and suggestions on Ohio, West Virginia, and Wisconsin) improving customer service at the DEPARTMENT OF THE TREASURY Internal Revenue Service. AGENCY: Internal Revenue Service (IRS) Internal Revenue Service Treasury. DATES: The meeting will be held Friday, December 19, 2003 from 1 p.m. EST to ACTION: Notice. Open Meeting of the Wage & 2 p.m. EST. Investment Reducing Taxpayer Burden SUMMARY: An open meeting of the Area FOR FURTHER INFORMATION CONTACT: Inez (Notices) Issue Committee of the 4 Taxpayer Advocacy Panel will be Taxpayer Advocacy Panel E. De Jesus at 1–888–912–1227, or 954– conducted (via teleconference). The 423–7977. AGENCY: Internal Revenue Service (IRS) Taxpayer Advocacy Panel is soliciting Treasury. public comment, ideas, and suggestions SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section ACTION: Notice. on improving customer service at the Internal Revenue Service. 10(a)(2) of the Federal Advisory SUMMARY: An open meeting of the Wage DATES: The meeting will be held Committee Act, 5 U.S.C. App. (1988) & Investment Reducing Taxpayer Wednesday, December 17, 2003, at 8 that an open meeting of the Taxpayer Burden (Notices) Issue Committee of the a.m., Central standard time. Advocacy Panel Multilingual Initiative Taxpayer Advocacy Panel will be FOR FURTHER INFORMATION CONTACT: Issue Committee will be held Friday, conducted (via teleconference). The Mary Ann Delzer at 1–888–912–1227, or December 19, 2003 from 1 p.m. EST to Taxpayer Advocacy Panel is soliciting (414) 297–1604. 2 p.m. EST via a telephone conference public comments, ideas and suggestions call. Individual comments will be SUPPLEMENTARY INFORMATION: Notice is on improving customer service at the limited to 5 minutes. If you would like hereby given pursuant to Section Internal Revenue Service. to have the TAP consider a written 10(a)(2) of the Federal Advisory DATES: The meeting will be held Committee Act, 5 U.S.C. App. (1988) statement, please call 1–888–912–1227 Wednesday, December 17, 2003 from 12 that an open meeting of the Area 4 or 954–423–7977, or write Inez E. De noon EST to 1 p.m. EST. Taxpayer Advocacy Panel will be held Jesus, TAP Office, 1000 South Pine FOR FURTHER INFORMATION CONTACT: Wednesday, December 17, 2003, at 8 Island Rd., Suite 340, Plantation, FL Sallie Chavez at 1–888–912–1227, or a.m., Central standard time via a 33324. Due to limited conference lines, 954–423–7979. telephone conference call. You can notification of intent to participate in SUPPLEMENTARY INFORMATION: Notice is submit written comments to the panel the telephone conference call meeting hereby given pursuant to Section by faxing to (414) 297–1623, or by mail must be made with Inez E. De Jesus. Ms. 10(a)(2) of the Federal Advisory to Taxpayer Advocacy Panel, De Jesus can be reached at 1–888–912– Committee Act, 5 U.S.C. App. (1988) Stop1006MIL, 310 West Wisconsin 1227 or 954–423–7977. that an open meeting of the Wage & Avenue, Milwaukee, WI 53203–2221. The agenda will include the Investment Reducing Taxpayer Burden Public comments will also be welcome following: Various IRS issues.

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Dated: November 17, 2003. Tersheia Carter, Acting Director, Taxpayer Advocacy Panel. [FR Doc. 03–29047 Filed 11–19–03; 8:45 am] BILLING CODE 4830–01–P

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Part II

Department of Transportation Federal Highway Administration

23 CFR Part 655 National Standards for Traffic Control Devices: Manual on Uniform Traffic Control Devices for Streets and Highways; Revision; Final Rule

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DEPARTMENT OF TRANSPORTATION An electronic copy of this document citizens. The FHWA has reviewed and may also be downloaded by using a analyzed all the comments received. Federal Highway Administration computer, modem and suitable The significant comments and communications software from the summaries of the FHWA’s analyses and 23 CFR Part 655 Government Printing Office’s Electronic determinations are discussed below. Bulletin Board Service at (202) 512– General comments and significant [FHWA Docket No. FHWA–2001–11159] 1661. Internet users may also reach the global changes throughout the MUTCD RIN 2125–AE93 Office of the Federal Register’s home are discussed first, followed by page at: http://www.archives.gov and the discussion of significant comments and National Standards for Traffic Control Government Printing Office’s Web page adopted changes in each of the Devices: Manual on Uniform Traffic at: http://www.gpo.gov. individual Parts of the MUTCD. Control Devices for Streets and Background Discussion of Adopted General and Highways; Revision On May 21, 2002, at 67 FR 35850, the Global Changes Throughout the MUTCD AGENCY: Federal Highway FHWA published a notice of proposed In the NPA, the FHWA proposed Administration (FHWA), DOT. amendments (NPA) proposing revisions designating the changes to the MUTCD ACTION: Final rule. to the Manual on Uniform Traffic as Revision No. 2 of the Millennium Control Devices (MUTCD). Those (2000) edition of the MUTCD. SUMMARY: The Manual on Uniform changes were proposed to be designated Comments were received from the Traffic Control Devices (MUTCD) is as Revision No. 2 of the Millennium American Association of State Highway incorporated by reference in 23 CFR (2000) edition of the MUTCD. Interested Transportation Officials (AASHTO), the part 655, subpart F, approved by the persons were invited to submit American Traffic Safety Services Federal Highway Administration, and comments to FHWA Docket No. FHWA– Association (ATSSA) and the Institute recognized as the national standard for 2001–11159. Based on the comments of Transportation Engineers (ITE) (the traffic control devices used on all public received and its own experience, the three associations who publish the roads. The purpose of this final rule is FHWA is issuing a final rule and is MUTCD in hard-copy book format) and to revise standards, guidance, options, designating the MUTCD, with these from other individuals opposing this and supporting information relating to changes incorporated, as the 2003 proposed designation as Revision No. 2. the traffic control devices in all parts of Edition of the MUTCD. The FHWA The commenters expressed the opinion the MUTCD, to expedite traffic, promote believes that the title ‘‘2003 Edition’’ that the number and extent of changes uniformity, improve safety, and would be easier for readers to follow are too great in scope to be considered incorporate technology advances in rather than the title ‘‘Revision No. 2 of a mere revision of the 2000 edition and traffic control device application. The the Millennium (2000) edition.’’ that the MUTCD, with the changes MUTCD, with these changes A list of all of the items in this final incorporated, should be designated as a incorporated, is being designated as the rule and the text of the 2003 edition of complete new edition of the MUTCD, to 2003 edition of the MUTCD. the MUTCD, with these final rule minimize user confusion. The changes incorporated, are available for commenters also stated that a new EFFECTIVE DATE: This final rule is inspection and copying, as prescribed in effective December 22, 2003. The graphical design for the cover and title 49 CFR part 7, at the FHWA Office of pages of each part of the MUTCD are incorporation by reference of the Transportation Operations, Room 3408, needed to make the new edition clearly publication listed in this regulation is 400 Seventh Street, SW., Washington, distinguishable by users from earlier approved by the Director of the Office DC 20590. Furthermore, the list of all editions. The FHWA agrees with these of the Federal Register as of December items in this final rule and the text of comments and designates the MUTCD, 22, 2003. the 2003 edition of the MUTCD, with with the adopted final rule changes FOR FURTHER INFORMATION CONTACT: Mr. these final rule changes incorporated, incorporated, as the 2003 Edition of the Ernest Huckaby, Office of are available on the FHWA’s MUTCD MUTCD and also adopts new graphical Transportation Operations, Room 3408, Internet site http://mutcd.fhwa.dot.gov. designs for the cover and title pages of (202) 366–9064, or Mr. Raymond The previous version of the MUTCD, the each part of the 2003 MUTCD. The Cuprill, Office of the Chief Counsel, 2000 MUTCD with Revision 1 text FHWA revises Table I–1 and all page Room 4230, (202) 366–0791, U.S. incorporated is also available on this headers to reflect this designation. Department of Transportation, Federal Internet site. The 2003 edition Additionally, the FHWA received Highway Administration, 400 Seventh supersedes all previous editions and comments from ITE, ATSSA, traffic Street, SW., Washington, DC 20590. revisions of the MUTCD. engineering consultants and private Office hours are from 7:45 a.m. to 4:15 citizens that the proposed continuation p.m., e.t., Monday through Friday, Summary of Comments of the 2000 MUTCD’s page layout except Federal holidays. The FHWA received 293 letters format and graphics formats is SUPPLEMENTARY INFORMATION: submitted to the docket, containing over inappropriate and that these elements 5,000 individual comments on the need improvement to adequately serve Electronic Access MUTCD in general or on one or more users. Suggestions included reducing This document, the notice of parts, chapters, sections, or paragraphs the amount of ‘‘white space’’ on text proposed amendments (NPA), and all contained in the MUTCD. Comments pages to reduce the total number of comments received may be viewed were received from the National pages in the MUTCD, using accurate online through the Document Committee on Uniform Traffic Control fonts and letter spacing on illustrations Management System (DMS) at http:// Devices (NCUTCD), State Departments of signs, using more accurate dms.dot.gov. The DMS is available 24 of Transportation (DOTs), city and proportioning of lanes and pavement hours each day, 365 days each year. county government agencies, Federal markings on figures, and various other Electronic submission and retrieval help government agencies, consulting firms, adjustments to graphics to aid in user and guidelines are available under the private industry, associations, other understanding and to make the figures help section of the Web site. organizations, and individual private more accurately reflect the standards,

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guidance, and options contained in the and accuracy. Where appropriate, the proposed change of a specific figure’s text of the MUTCD. The FHWA agrees FHWA incorporates minor editorial title from ‘‘example(s) of’’ to ‘‘typical,’’ that the page layout and graphics revisions and corrections in this final citing reasons why the figure or figures formatting of the 2000 MUTCD needs to rule. in question were inaccurately named be improved in the 2003 edition to make The FHWA also received comments based on the FHWA’s stated criteria. the document more usable by the on the fact that many of the new The FHWA adopts the proposed public. Accordingly, in this final rule sections proposed in the NPA were to be addition of or changes to figure numbers the FHWA revises the text page layouts added at the end of the chapter in and titles with revisions to address to reduce white space and thereby various parts of the MUTCD. Several comments as appropriate. reduce the number of text pages by commenters, particularly State DOTs, The FHWA also received several about one-third, while still maintaining suggested that the new material would comments from the U.S. Access Board good layout for readability both online be more logically located near other and from organizations representing the and in printed book format. The FHWA similar subjects within the chapter blind, visually impaired, and people also revises many of the figures in the rather than at the end. The FHWA with other disabilities, requesting that MUTCD to make sign illustrations agrees with many of the comments of the MUTCD be changed throughout to pattern-accurate and illustrations of this nature and makes editorial changes make it fully consistent with the Draft pavement markings and other devices in the text and figures as appropriate in Guidelines for Accessible Public Rights- more understandable and to accurately this final rule. The FHWA also relocates of-Way that were published by the reflect provisions in the MUTCD text. and renumbers some of the new sections Access Board on June 17, 2002, on its The FHWA also received many to appropriate locations within the Web site (http://www.access-board.gov). comments about the lack of consistency chapters to enhance user understanding, The FHWA disagrees because the draft between some of the signs and and renumbers subsequent sections guidelines published by the Access pavement markings illustrated in accordingly. Board are only a preliminary draft for various figures in the MUTCD and the In the discussions below, the section initial public comments, and they have illustrations in the ‘‘Standard Highway numbers and titles refer to those in this not been finalized. The Access Board is Signs’’ (SHS) book.1 The FHWA agrees final rule, with parenthetical reference currently reviewing the large number of that these inconsistencies cause to the section numbers and titles in the initial public comments received on the inordinate confusion to users, and in NPA and/or the 2000 Edition if draft and plans to issue a notice of this final rule the FHWA revises many different, as appropriate. proposed rulemaking (NPRM) with a of the MUTCD figures to illustrate or The FHWA also received comments revised proposal for Guidelines for refer to all SHS signs that are consistent from traffic engineering consultants and Accessible Public Rights-of-Way in with this 2003 MUTCD. This will better others about inconsistency and errors in 2004. After the Access Board completes serve users by greatly improving the the 2000 MUTCD and in the NPA its rulemaking on this matter and issues consistency of the MUTCD with the regarding conversions of English units a final rule, the FHWA plans to propose SHS. to metric units. Accordingly, the FHWA changes to the MUTCD to make it Additionally, in the NPA, the FHWA made a comprehensive review of all consistent with the Access Board’s proposed minor grammatical or style dimensions and units of measure in the guidelines. However, in recognition of changes to the MUTCD text to improve MUTCD and identified a variety of and support for the importance of consistency with related text or figures, errors in conversions of English units to accessibility issues related to traffic to improve clarity, or to correct minor metric units that had occurred during control devices, in the NPA the FHWA errors. Where the FHWA proposed to the process of preparing the 2000 proposed a variety of changes to the add new sections within a chapter of the edition of the MUTCD and that had MUTCD to assure consistency with MUTCD, the FHWA proposed to been perpetuated or inaccurately existing requirements of the Americans renumber the sections that followed corrected in the NPA. The FHWA With Disabilities Act (ADA), 42 U.S.C. accordingly. The FHWA proposed to corrects these metric conversions in this 12101 et seq., and other regulatory revise all Tables of Contents, Lists of final rule. requirements concerning accessibility as Figures, Lists of Tables, and page In the NPA, to facilitate easy they pertain to traffic control devices. In headers and footers as appropriate to reference, the FHWA also proposed this final rule, the FHWA adopts most reflect the proposed changes. The giving figure numbers and titles to all of those proposed changes. Further FHWA received many comments, both pages that did not have a figure number discussion of accessibility issues may be in general and on many specific sections for images of traffic control devices in found elsewhere in this preamble to this throughout the MUTCD, agreeing with the 2000 MUTCD. The FHWA also final rule, especially under the these minor editorial changes. Some proposed changing the titles of a discussion of adopted revisions to Part commenters opposed the proposed use number of figures to clarify a figure as 6 of the MUTCD, Temporary Traffic of some specific words or phrases and either ‘‘typical’’ or ‘‘example(s) of.’’ In Controls. recommended substitute words or general, the FHWA proposed using the The FHWA is aware that section 508 phrases and/or additional minor word ‘‘typical’’ in the title if the figure of the Rehabilitation Act, 29 U.S.C. 794 editorial revisions to correct errors, portrays preferred or recommended (2001), requires that certain electronic improve grammar, clarity, consistency, practice, and the words ‘‘example(s) of’’ and information technology (EIT) be in the title if the figure portrays one or accessible to individuals with 1 ‘‘Standard Highway Signs,’’ FHWA, 2002 several of a variety of things that would disabilities. By regulation, 36 CFR Edition is available for purchase from the U.S. be acceptable practice with no 1194.4 (2001), EIT includes information Government Printing Office Bookstore, Superintendent of Documents, Room 118, Federal recommended preference. Also, the contained on world wide Web sites. Building, 1000 Liberty Avenue, Pittsburgh, PA FHWA proposed modifying figures, Because the FHWA distributes the 15222. Internet Web site at where appropriate, to reflect proposed MUTCD via the Internet site (http:// http://bookstore.gpo.gov. It is also available on the changes in the text. Most of the mutcd.fhwa.dot.gov), it is aware that it FHWA’s Web site at http://mutcd.fhwa.dot.gov and is available for inspection and copying at the commenters agreed with these proposed must comply with section 508, and it FHWA Washington Headquarters and all FHWA changes. In a few cases, the FHWA has done so by providing, in addition to Division Offices prescribed at 49 CFR part 7. received comments opposing a the PDF file format, an alternative

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format (hypertext markup language— should be appropriately altered to fit the SUPPORT statements regarding the HTML), that is accessible to individuals specific signing situation. This replacement of damaged, non-compliant with disabilities. Included within those clarification is necessary to address devices as part of maintenance activities HTML files are accessible narrative comments about some of the sign following a crash or other event. The descriptions of all of the illustrations images throughout the MUTCD in the FHWA also modifies the new (figures) that are contained in the NPA. STANDARD statement to accurately MUTCD. The FHWA notes that, while The FHWA also adds a fourth reflect existing provisions of the Code of every effort has been made to assure SUPPORT statement to clarify the Federal Regulations in regard to complete consistency between the PDF organization of the MUTCD and explain different requirements that apply on and HTML file formats, the PDF version how one could reference portions of the Federal-aid projects, and to clarify the is the official version of the MUTCD and MUTCD. There were no comments on FHWA’s authority to establish phase-in takes precedence over any potentially this SUPPORT statement and the FHWA target compliance dates for particular conflicting text in that may occur in the adopts it as proposed in the NPA. changes to the MUTCD. HTML version. The FHWA also adds a new The NCUTCD, State and local DOTs, A summary of the significant changes STANDARD that lists special phase-in and private citizens suggested changes for each of the parts of the MUTCD is target compliance dates for various to some specific proposed special included in the following discussion. portions of the MUTCD. The purpose of phase-in target compliance dates. The this list is to provide a convenient FHWA deletes the word ‘‘proposed’’ Discussion of Adopted Amendments to reference guide to the user of phase-in from each of the phase-in target the Introduction target compliance dates for various compliance dates which appeared in the 1. On Page i the FHWA adds portions of the MUTCD. The FHWA NPA, and changes the phase-in target addresses for four additional received comments from the City of compliance dates (from what was organizations whose publications are Plano, Texas, and the Association of proposed in the NPA) for the following: referenced in the various parts of the Pedestrian and Bicycle Professionals Section 2B.28 Preferential Only Lane MUTCD. There were no comments on supporting the presence of this new Sign Placement and Application these additions and the FHWA adopts text. Some commenters also questioned (numbered 2B.50 in the NPA), Section the changes as proposed in the NPA, the use of the word ‘‘issuance’’ in the 2B.52 Hazardous Material Signs (R14–2, with further revisions to add Web site STANDARD stating that States or other R14–3) (numbered 2B.46 in the NPA), addresses for each of the organizations Federal agencies shall adopt changes to Section 2C.30 Speed Reduction Signs listed, to assist users of the MUTCD the MUTCD within two years of (W3–5, W3–5a) (numbered 2C.51 in the with contacting each of the issuance. ‘‘Issuance’’ in this usage refers NPA), Section 2D.38 Street Name Sign organizations. to the date that the FHWA (D3–1), Section 2D.39 Advance Street 2. In the Introduction, the FHWA Administrator signs the final rule, Name Signs (D3–2), Section 2E.28 revises the second paragraph of the first which occurs prior to the publication Interchange Exit Numbering, Section STANDARD statement to correct an date and effective date of the final rule. 2I.03 EVACUATION ROUTE Sign (EM– incorrect reference in the 2000 MUTCD This language is as proposed in 23 CFR 1), Section 4D.12 Flashing Operation of and to accurately reflect the referenced 655.603(b)(1) and cannot be changed in Traffic Control Signals, Section 4E.07 text of the Code of Federal Regulations the MUTCD Introduction until the Code Countdown Pedestrian Signals, Section and with Section 1A.07 Responsibility of Federal Regulations is changed. Such 6D.03 Worker Safety Considerations for Traffic Control Devices. There were a change may be considered in a future (numbered 6D.02 in the NPA), Section no comments on these changes. The rulemaking. 6E.02 High-Visibility Safety Apparel, FHWA adopts the changes. The National Committee on Uniform Section 6F.58 Channelizing Devices In the second SUPPORT statement, Traffic Control Devices (NCUTCD), (numbered 6F.55 in the NPA), Section the FHWA makes a minor editorial including members of the Railroad-Light 6F.63 Type I, II, or III Barricades change to correct the section reference Rail Transit Technical Committee of the (numbered 6F.60 in the NPA), and Part to the Uniform Vehicle Code 2 in the NCUTCD opposed the wording in the 10 (Traffic Controls for Highway-Light fourth sentence of the first paragraph to first paragraph of the proposed new Rail Transit Grade Crossings). Section 15–116 of the UVC. The 2000 STANDARD that would require The FHWA also adds phase-in target MUTCD and the NPA incorrectly replacement of damaged devices upon compliance dates for the following: referenced Section 15–117 of the UVC adoption of the MUTCD by the State or Section 2A.19 Lateral Offset, Section regarding traffic control devices on other Federal agency. The commenters 2B.06 STOP Sign Placement, Section private property used by the public. stated that replacement of damaged 2B.09 YIELD Sign Applications, Section The FHWA also adds a second devices is normal maintenance that 2B.10 YIELD Sign Placement, Section paragraph to the GUIDANCE statement should not be covered by this 2B.13 Speed Limit Sign (numbered to clarify that, except when a specific STANDARD. While it is usually 2B.11 in the NPA), Section 2C.16 numeral is required by the MUTCD text, desirable to replace damaged devices NARROW BRIDGE Sign (W5–2) numerals shown in sign images in the with ones that conform to the current (numbered 2C.14 in the NPA), Section figures that specify times, distances, MUTCD, there are times that doing so 2B.26 Preferential Only Lane Signs (R3– speed limits, and weights should be may not be practical, or may cause the 10 through R3–15) (numbered 2B.48 in replacement device to be inconsistent regarded as examples only, and that the the NPA), Section 2C.34 Two-Way with other portions of the Manual or numerals installed on actual signs Traffic Sign (W6–3) (numbered 2C.31 in other devices in a series, and thereby the NPA), Section 2E.54 Reference 2 The ‘‘Uniform Vehicle Code and Model Traffic cause a potential safety issue for road Location Signs, Section 2E.59 Ordinance,’’ 2000 edition, is published by the users. The FHWA agrees and revises the Preferential Only Lane Signs, Section National Committee on Uniform Traffic Laws and statement by deleting replacement of 3B.03 Other Yellow Longitudinal Ordinances, 107 S. West Street, #110, Alexandria, damaged devices from the STANDARD Pavement Markings, Section 3B.17 Virginia 22314. It is available for inspection as prescribed at 49 CFR part 7. Purchase information statement and, in conjunction with this, Crosswalk Markings, Section 3B.19 is available on the Web site for the National at the end of the MUTCD Introduction Pavement Word and Symbol Markings, Committee at http://www.ncutlo.org. the FHWA adds new OPTION and Section 5C.05 NARROW BRIDGE Sign,

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Section 6D.02 Accessibility devices on private property used by the process and to make the figure more Considerations, Section 6F.03 Sign public. accurately reflect the text of the Placement, 6F.66 Longitudinal 6. In Section 1A.10 Interpretations, MUTCD. Channelizing Barricades (numbered Experimentations, Changes and Interim 7. In Section 1A.11 Relation to Other 6F.53 in the NPA), Section 6F.82 Crash Approvals, titled ‘‘Interpretations, Publications, the FHWA modifies the Cushions (numbered 6F.78 in the NPA), Experimentations, and Changes’’ in the STANDARD statement to update the and Section 7B.12 Reduced Speed NPA, the FHWA changes the first documents listed to the latest editions. School Zone Ahead Sign (S4–5, S4–5a). GUIDANCE statement to a STANDARD The FHWA also adds additional sources The FHWA is not including in this statement to require that requests for of information in the SUPPORT final rule the following phase-in target interpretations, permission to statement and revises the order of the compliance dates that had been experiment, interim approval, or sources of information, alphabetizing proposed in the NPA: Section 3B.14 changes to the MUTCD must be first by source, then by the title of the Raised Pavement Markers Substituting submitted to the FHWA’s Office of document. There were several editorial for Pavement Markings, Section 4E.04 Transportation Operations. There were comments suggesting revisions to reflect Size, Design, and Illumination of no comments on this change. Pedestrian Signal Head Indications, The FHWA received three comments current editions of documents that the Sections 4F.04 and 4L.03 (these sections from the NCUTCD and the Minnesota FHWA incorporates in this final rule. are removed from this final rule), and Ohio DOTS regarding item E of the 8. In Section 1A.12 Color Code, the Section 6F.69 Temporary Raised Islands second GUIDANCE statement and item FHWA adds to the STANDARD (numbered 6F.63 in the NPA), and for D of the fourth GUIDANCE statement, statement the assignment of the color Section 8B.02 Highway-Rail Grade both of which pertain to patented or fluorescent pink to incident Crossing (Crossbuck) Sign (R15–1) and copyrighted traffic control devices. The management to make it easier for road Number of Tracks Sign (R15–2). commenters suggested that certifying users to follow directions relating to Discussion of these changes, additions, that a ‘‘concept’’ for a traffic control traffic incidents. This color was referred and removals of phase-in target device is not protected by a patent or to as fluorescent coral in the NPA. The compliance dates may be found under copyright is vague and difficult to FHWA received several comments from the discussions of the individual interpret. The FHWA agrees and inserts the NCUTCD, ATSSA, the Ohio, sections. an example of a traffic control device California, Virginia and Missouri DOTs, Discussion of Adopted Amendments to concept in both items to clarify the and traffic control device the Table of Contents intent. manufacturers, regarding this color. Additionally, following the fourth ATSSA, the Virginia DOT, and several 3. The FHWA condenses the Table of GUIDANCE statement the FHWA adds Contents to include only the list of Parts traffic control device manufacturers felt SUPPORT, GUIDANCE, OPTION, and and Chapters. Each Part continues to that the color should be called STANDARD statements describing the begin with a ‘‘table of contents’’ that fluorescent pink, other traffic control ‘‘interim approval’’ process for the contains the page number of every device manufacturers agreed with the FHWA to approve or allow the use of section, figure, and table. This change color coral, and Minnesota DOT wanted simplifies the search for an item by new traffic control devices. Seven more studies regarding effectiveness of those with visual disabilities by commenters representing industry and the color. The FHWA believes that the enabling them to advance to the local governments were all in general study 3 that found this color to be appropriate Part and then page more support of the new interim approval effective is sufficient and that further quickly and easily. There were no process. study is not needed. The coordinates of comments on the Table of Contents and The NPA included an additional new the color box are most appropriately the FHWA adopts the changes. STANDARD statement between the new titled ‘‘fluorescent pink,’’ and the SUPPORT and GUIDANCE statements. FHWA intends for the color to appear Discussion of Adopted Amendments to In response to comments from the pinker in nature, similar to the sample Part 1—General NCUTCD and the California Department signs that were studied and found 4. In Section 1A.05 Maintenance of of Transportation (Caltrans), the FHWA effective, rather than coral. The FHWA Traffic Control Devices, in the second removes as incorrect the proposed reorders the items in the STANDARD paragraph of the GUIDANCE statement, STANDARD statement to the effect that statement so that the colors appear in the FHWA revises the text to eliminate interim approvals will be considered alphabetical order, adds the color redundancy. The FHWA received one only when submitted by the public ‘‘fluorescent pink,’’ and restores the editorial comment from a traffic agency or private toll facility color ‘‘coral’’ as unassigned. The color engineering consultant, and adopts the responsible for the operations of the coordinates for the color fluorescent suggested editorial changes with minor road or street. It is not FHWA’s intent pink are indicated below. revision. to limit requests for interim approvals to 5. In Section 1A.07 Responsibility for only public agencies or private toll road 3 ‘‘Improvement of Conspicuity of Trailblazing Traffic Control Devices, the FHWA authorities. Requests for interim Signs: Phase III—Evaluation of Fluorescent Colors’’, makes a minor editorial change to approvals, interpretations, and changes Virginia Transportation Research Council (VTRC) correct the section reference to the can be made by anyone. However, Report No. FHWA/VTRC 01–CR4, February 2001, Uniform Vehicle Code (UVC) in the first requests for experimentation approvals by Neale, Anders, Schreiner, and Brich, may be sentence of the second paragraph of the will continue to be accepted only from ordered from VTRC at the following URL: http:// www.virginiadot.org/vtrc/main/index_main.htm. SUPPORT statement to Section 15–116 public agencies or private toll road The color tested and recommended in this report of the UVC. The 2000 MUTCD and the authorities. is referred to as fluorescent coral, however the NPA incorrectly referenced Section 15– The FHWA also modifies Figure 1A– characteristics (color box coordinates, etc.) of the 117 of the UVC regarding traffic control 2 to reflect the ‘‘interim approval’’ color tested are more accurately described as fluorescent pink.

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The Commission Internationale de the corners of the Fluorescent Pink x y l’Eclairage (CIE) (English: International daytime color region are as follows: Commission on Illumination) 0.590 0.350 chromaticity coordinates (x,y), defining x y 0.644 0.290 0.536 0.230 0.450 0.270

Luminance factor limits (Y)

D65 D150

Min Max YF Min Max

Fluorescent Pink ...... 25 none 15 25 none

Fluorescent materials differ from non- definitions shown here and in other the abbreviation requirements were fluorescent materials in that the total parts of the Manual. Additionally, the based found very low driver luminance is the sum of the luminances FHWA adds definitions for comprehension rates in Texas for NB, due to reflection and fluorescence. The ‘‘Crashworthy,’’ ‘‘Detectable,’’ EB, SB, and WB when used as ‘‘NB luminance factor Y of such materials is ‘‘Inherently Low Emission Vehicle Traffic’’ or ‘‘US 75 NB.’’ The Texas the sum of the luminance due to (ILEV),’’ ‘‘Pedestrian Facilities,’’ and study suggested that a better alternative reflection (YR) and the luminance due to ‘‘Roundabout Intersection’’ because they would be just the initial letter N, S, E, fluorescence (YF). Therefore, Y=YR+YF. are used in the MUTCD. There were a or W. The FHWA reviewed that study If the value YF is greater than zero, the few editorial comments regarding some and has determined that abbreviations material is fluorescent; if YF equals zero, of these definitions that the FHWA such as ‘‘N–BND’’ would further then the luminance factor Y is equal to incorporates in this final rule as enhance understanding. Accordingly, YR. appropriate. Also, the FHWA revises the the FHWA adopts the changes to this These four pairs of chromaticity definition of ‘‘Inherently Low Emission section as proposed in the NPA, with coordinates determine the acceptable Vehicle (ILEV)’’ to clarify that only the minor editorial clarifications. color in terms of CIE 1931 Standard U.S. Environmental Protection Agency Colorimetric System (2 degree standard Discussion of Adopted Amendments to has the authority to certify ILEVs. Part 2—Signs observer) measured with CIE Standard Additionally, the FHWA removes the Illuminant D65 in accordance with the definition for ‘‘Preferential Lane 11. In Section 2A.06 Design of Signs, American Society for Testing Materials Marking’’ because it is no longer used in the FHWA adds to the SUPPORT (ASTM) standard E991. In addition, the the MUTCD. There were no comments statement that the ‘‘general appearance’’ color shall be fluorescent, as determined regarding this change. of the sign legends, colors and sizes are 4 by ASTM E1247. The FHWA amends 10. In Section 1A.14 Abbreviations shown in the illustrations, because the title 23, Code of Federal Regulations, Used on Traffic Control Devices, the illustrations may not exactly correspond part 655, appendix to subpart F, to add FHWA revises the text in the first to the letter brush stroke widths of the chromaticity coordinates and luminance STANDARD statement to clarify that the ‘‘Standard Highway Signs’’ book and the factor limits for the color of fluorescent abbreviations for the word messages FHWA central values and tolerance pink retroreflective sign materials. shown in Table 1A–1 are the only limits of colors, due to variations in Additionally, to be consistent with abbreviations to be used for those word computer display monitors and printing Section 2C.42 Playground Sign (W15–1), messages. The FHWA also adds a processes. the FHWA adds ‘‘playground warning’’ GUIDANCE statement at the end of this In the NPA, the FHWA proposed to the list of signs assigned the adding to the STANDARD statement fluorescent yellow-green color. section to give guidance regarding the consistency of abbreviations within a that, unless otherwise stated in the 9. In Section 1A.13 Definitions of MUTCD for a specific sign, phone Words and Phrases in This Manual, the single jurisdiction. Additionally, the FHWA revises Tables 1A–1 and 1A–2 to numbers or Internet addresses shall not FHWA revises definitions in the be shown on any sign, to reduce the STANDARD statement for: ‘‘Active include additional abbreviations, delete some abbreviations, and modify some possibility of driver distraction. While Grade Crossing Warning System,’’ there was one comment from the ‘‘Average Day,’’ ‘‘Beacon,’’ ‘‘Crosswalk,’’ abbreviations, based on Texas research on driver understanding of NCUTCD in support of this change, ‘‘Highway Traffic Signal,’’ ‘‘Raised there were five comments from the Pavement Marker’’, ‘‘Road User,’’ abbreviations. The Illinois DOT was opposed to the abbreviations for Arizona, Washington, Virginia, and ‘‘Shared-Use Path,’’ ‘‘Sidewalk,’’ ‘‘Sign Illinois DOTs and the City of Plano, Illumination’’ and ‘‘Traffic Control northbound, eastbound, and the like, suggesting that the use of ‘‘NB’’, etc. Texas, specifically opposing the Device’’ to better reflect accepted language in the NPA prohibiting phone practice and terminologies and to should be allowed. The 2000 Texas Transportation Institute (TTI) study (by numbers on signs because these may provide consistency between the provide important phone numbers that Durkop and Dudek) 5 on which many of are used for services provided to the 4 A list of the American Society for Testing public by a government agency. The Materials (ASTM) standards is available on the 5 ‘‘Texas Driver Understanding of Abbreviations Internet at the following URL: http://www.astm.org. for Dynamic Message Signs’’, February 2000, by FHWA agrees that telephone numbers The ASTM International is a global forum for the Durkop and Dudek, Texas Transportation Institute can be useful, but is concerned about development of consensus standards. Standard Report number FHWA/TX–00–1882–1, can be driver distraction and the effect on ASTM E991–98 is titled ‘‘Standard Practice for obtained from the Texas Transportation Institute, Color Measurement of Fluorescent Specimens.’’ phone (979) 845–4853. A summary of the results highway safety. To address the Standard ASTM E1247–03 is titled ‘‘Standard was also published in Transportation Research Practice for Detecting Fluorescence in Object-Color Record 1748, available for purchase from the URL: http://www4.trb.org/trb/onlinepubs.nsf/web/ Specimens by Spectrophotometry.’’ Transportation Research Board at the following homepage?OpenDocument.

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comments, the FHWA revises the orange, red, or fluorescent yellow-green change in shape, for signs in good STANDARD statement and adds legend as appropriate. condition. GUIDANCE and OPTION statements to 13. In Section 2A.08 Retroreflectivity Additionally, the FHWA revises Table allow phone numbers and Internet and Illumination, the FHWA revises 2A–3 to list the Trapezoid shape for use addresses on signs in certain limited Table 2A–1 by replacing ‘‘Patterns of as ‘‘Recreational and Cultural Interest circumstances, minimizing the potential incandescent light bulbs’’ with Area Series’’ and ‘‘National Forest effects on safety. The language in this ‘‘Incandescent light bulbs’’ and by Route’’ signs. The FHWA received two final rule permits abbreviated telephone adding ‘‘Light Emitting Diodes (LEDs)’’ comments from the City of Tucson, numbers (four characters or less) on to the listed Means of Illumination to Arizona, and the NCUTCD in support of signs. Signs with telephone numbers of reflect current technology. There were this change, and adopts this change. more than four characters and Internet nine comments from the NCUTCD, the 15. In Section 2A.11 Sign Colors, the addresses may be provided in parking City of Tucson, Arizona, traffic control FHWA modifies the STANDARD and pedestrian areas, or on low-speed device manufacturers, and private statement to read ‘‘The colors to be used roadways where engineering judgment citizens supporting this change, on standard signs and their specific use indicates that vehicles can safely stop particularly the addition of light on these signs shall be as indicated in out of the traffic flow to read the sign. emitting diodes (LEDs). To provide the applicable sections of this Manual. 12. In Section 2A.07 Changeable additional clarification to the table, the The color coordinates and values shall Message Signs, the FHWA revises the FHWA creates a separate row in the be as described in 23 CFR, Part 655, GUIDANCE statement to include safety table for light emitting diodes under the Subpart F, Appendix.’’ This messages as one of the types of Means of Illumination and includes modification clarifies that the color allowable displays for changeable symbols or word messages and portions requirements apply to all signs in the message signs. There were two of the sign border as sign elements to be MUTCD, not just those in Part 2, and comments from the NCUTCD and the illuminated. In addition, based on refers to the correct location of the color City of Tucson, Arizona, in support of comments from the NCUTCD, the coordinates and values. There were no this change, while two commenters FHWA adds to the OPTION statement comments on this change. representing the Kansas DOT opposed additional information regarding the use In the NPA, the FHWA proposed it. The Kansas DOT stated that to of LEDs within the face of a sign and in using the color coral for incident encourage the display of safety messages the border of a sign and adds a new management uses, however in response on changeable message signs could STANDARD statement following this to comments from traffic control device desensitize the traveling public towards OPTION to specify the color and flash manufacturers about this section and regulatory, warning, and guidance rate for LEDs used on a sign. Part 6, the FHWA changes this color information that is displayed at other Additionally, the FHWA adds a new assignment to fluorescent pink because times. The FHWA adopts the proposed SUPPORT statement at the end of the this name more clearly describes the change because it is included in a section referencing information GUIDANCE statement, which gives the contained in Section 2A.21 Posts and color in the color tints. See also the individual States the flexibility to Mountings on the use of retroreflective discussion under Section 1A.12 Color permit or not permit safety messages on material on the sign support. There was Code, which also applies to this section. changeable message signs. one comment from the NCUTCD in As a result, the FHWA withdraws this Additionally, the FHWA adds at the support of this change. The FHWA proposal to modify the SUPPORT end of the section OPTION, SUPPORT, adopts this change. statement to delete the color coral from GUIDANCE, and STANDARD 14. In Section 2A.10 Shapes, the the reserved colors, and retains the text statements regarding the use, design, FHWA revises Table 2A–3 by removing as shown in the 2000 MUTCD which and format of safety and other messages the Emergency Evacuation Route Sign includes the color coral as a reserved so that they do not adversely affect the from the listed signs for the circle shape color for a use that will be determined usefulness of the sign. There were two because the FHWA changes the design in the future. Additionally, the FHWA comments from the Kansas DOT of this sign to be a rectangular plate in adds to the SUPPORT statement that opposed to the new OPTION statement, accordance with other guide signs, as information regarding color coding of stating that changeable message signs indicated in Section 2I.03 destinations on guide signs is contained should be used only when there is a EVACUATION ROUTE Sign (EM–1). in Section 2D.03 Color, Retroreflection, need. Because this is an OPTION The FHWA received two comments and Illumination. statement, the FHWA believes that it from the NCUTCD and the City of The FHWA also modifies Table 2A– gives any individual State the flexibility Tucson, Arizona, in support of this 4 by adding a new column on the right to use this option if it so chooses. To change, and one comment from the hand side for the color fluorescent pink, explicitly reinforce this, the FHWA adds Florida DOT opposed to it. The Florida by adding a new row ‘‘Incident a sentence to the OPTION statement that DOT opposed because it currently uses Management’’ to the bottom, by adding State and local agencies may develop the circle shape for the Emergency a second new row ‘‘Changeable Message and establish a policy regarding safety Evacuation Route Sign and believes that Signs’’ at the bottom, following Incident and transportation-related message the proposed change would have a large Management, and by adding or revising signs, for both permanent and statewide impact to its evacuation color designations and notes to reflect changeable message signs, which program. The FHWA notes that the proposed changes in other parts of the specifies allowable messages and Emergency Evacuation Route Sign has MUTCD. The FHWA makes additional applications. To mirror and reinforce not been changed; it has just been put editorial changes to the table, and the information contained in Table 2A– onto a white rectangular background so moves Reference Location, Street Name, 4, the FHWA also adds to the OPTION that the circular shape can be reserved and Destination signs to be listed as statement that changeable message signs for another use. The FHWA adopts the Guide signs, and the Evacuation Route (including portable changeable message change, but to address the Florida sign to be listed under Information signs) that display a regulatory or DOT’s comment, adds a phase-in target signs, in response to a comment from warning message may use a black compliance date of 15 years from the Caltrans and to maintain consistency background with a white, yellow, date this final rule is effective for the within the MUTCD.

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16. In Section 2A.12 Dimensions, the The FHWA adds a new GUIDANCE Some Typical Signs at Intersections.’’ FHWA adds a second paragraph to the heading for guidance on abbreviations The FHWA also incorporates editorial SUPPORT statement describing and after the new SUPPORT statement. comments and notes to the figures in clarifying the different sizes of signs, as 18. In Section 2A.15 Sign Borders, the this final rule. detailed in the ‘‘Standard Highway FHWA modifies the STANDARD The FHWA also revises the second Signs’’ book. While the City of Tucson, statement to require that the corners of paragraph of the first GUIDANCE Arizona, supported the change, there all sign borders, except for STOP signs, statement to state the exceptions to were two comments from the NCUTCD shall be rounded. The FHWA received placing signs on separate posts in list and the Illinois DOT opposed to this several comments from ATSSA and form rather than narrative form, and to new paragraph. The NCUTCD stated representatives of the blind community clarify that certain groupings of that this new paragraph introduced regarding this change. The commenters regulatory signs are also excepted from redundancy because this information is misunderstood this statement both in the recommended mounting on separate included in Sections 2B.03 Size of the NPA and in the 2000 MUTCD, posts. These minor editorial thinking that it pertained to the corners clarifications respond to a comment Regulatory Signs and 2C.04 Size of of the sign itself, rather than the sign from a traffic engineering consultant Warning Signs, and the Illinois DOT border, which is included within the and reflect common practice. suggested that this paragraph was sign. As noted in the next paragraph, the 20. In Section 2A.17 Overhead Sign unnecessary. The FHWA agrees that this sign itself does not always have to have Installations, the FHWA modifies the information needs to be included in rounded corners, but the border GUIDANCE statement to clarify that only one place in the Manual, and (typically black on white) does. The overhead guide signs should be used on adopts the text in this section and NPA merely replaced the phrase freeways as well as expressways, under deletes this information from Sections ‘‘corners of the sign’’ with ‘‘corners of certain conditions. The FHWA received 2B.03 and 2C.04. The FHWA revises the all sign borders’’ to provide consistency two comments from ATSSA and the last sentence of this paragraph to clarify with the section title, Sign Borders. The City of Tucson, Arizona, in support of that intermediate sized signs are FHWA adopts the change, as proposed this change and adopts this change. designed to be used on other highway in the NPA, in this final rule. The FHWA received one comment types. The NPA also included a proposal to from a traffic engineering consultant 17. In Section 2A.14 Word Messages, modify the GUIDANCE statement to suggesting that the last paragraph of the the FHWA modifies the first GUIDANCE clarify that, where practical, the corners OPTION statement pertaining to the statement to clarify that the specific of the sign should be rounded to fit the placement of signs on bridges of ratio of 25 mm (1 in) of letter height per border, except for STOP signs. The freeways and expressways in order to 12 m (40 ft) of legibility distance should FHWA received several comments from enhance safety and economy is be a minimum. The FHWA received one ATSSA and representatives of the blind duplicative and unnecessary. The FHWA agrees with the comment and comment from the NCUTCD supporting community supporting the rounding of makes this minor and editorial revision this change and adopts this change. sign corners. The FHWA received one comment from a traffic engineering to remove this text from this final rule. Additionally, the FHWA adds a new consultant opposing the statement, 21. In Section 2A.18 Mounting SUPPORT statement after the first suggesting that the phrase ‘‘where Height, the FHWA relocates the first paragraph of GUIDANCE to provide practical’’ was too vague. The FHWA OPTION and SUPPORT statements so additional information that some agrees and revises this statement to that they appear before the last research on sign legibility of older include a reference Section 2E.15 Sign paragraph of the first STANDARD drivers 6 indicates that a ratio of 25 mm Borders for specific exemptions statement. This change improves the (1 in) of letter height per 10 m (33 ft) regarding the rounding of corners of clarity of the section. The FHWA of legibility distance could be beneficial sign. received one comment from the City of for addressing the needs of older 19. In Section 2A.16 Standardization Tucson, Arizona, supporting this drivers. Three commenters from the of Location, the FHWA relocates Figures change, and adopts this change. The NCUTCD, ATSSA, and the sign 2A–3, 2A–4, 2A–5, and 2A–6 to Section FHWA received one comment from a manufacturing industry supported this 2B.37 ONE WAY Signs (R6–1, R6–2) private citizen suggesting that in-street new SUPPORT statement, and the City and removes Figure 2A–7 (figure crosswalk signs are typically mounted of Tucson, Arizona, and a traffic numbering cited here reflects 2000 much lower than the heights included engineering consultant opposed it. Both MUTCD). These relocated figures are in the first STANDARD statement, and opposing commenters expressed more appropriate in Chapter 2B that if they are to be excluded from concern that this additional language Regulatory Signs. The FHWA revises the these criteria, appropriate language would add confusion as to what ratio first SUPPORT statement to reflect these should be included in the final rule. The should be used in designing signs. The changes. There were no comments FHWA agrees that additional language FHWA disagrees with the opposing regarding this change, and the FHWA is needed and adds a new SUPPORT commenters because SUPPORT adopts this change. statement at the beginning of the The FHWA received several statements are purely informational and Section that indicates that the comments from Caltrans, the Ohio DOT, have no legal basis for a mandatory or provisions of this section apply unless the City of Tucson, Arizona, and a recommended practice. specifically stated otherwise for a traffic engineering consultant regarding particular sign elsewhere in the Figures 2A–1 and 2A–2 in the NPA. In MUTCD. 6 Information about this research is summarized on pages 185 and 186 of the ‘‘Highway Design response to the comments regarding the Additionally, the FHWA adds a Handbook for Older Drivers and Pedestrians,’’ use of the words ‘‘typical’’ and paragraph to the last OPTION statement Report number FHWA–RD–01–103, published by ‘‘examples’’, the FHWA changes the indicating that if the vertical clearance the FHWA Office of Safety Research and figure titles to: ‘‘Figure 2A–1 Examples of other structures is less than 4.9 m (16 Development, 2001. It is available for purchase from The National Technical Information Service, of Heights and Lateral Locations of ft), the vertical clearance to overhead Springfield, Virginia 22161, (703) 605–6000. Signs for Typical Installations’’ and sign structures or supports may be as Internet Web site address at http://www.ntis.gov. ‘‘Figure 2A–2 Examples of Locations for low as 0.3 m (1 ft) higher than the

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vertical clearance of the other certify crashworthiness, the FHWA traffic engineering consultant for this structures. These lower clearances for determines that a special target section as well as other comments in the sign structures are sometimes compliance date is required for the Section 8B.03 Highway-rail Grade needed to maximize the visibility of the crashworthiness provisions in this Crossing (Crossbuck) Sign (R15–1) and signs when low bridge structure or section. In this final rule, the FHWA Number of Tracks Sign (R15–2) tunnel clearances limit the sign establishes a phase-in target compliance regarding the placement of the strip in visibility. There was one editorial date of January 17, 2013 for relation to the ground, the FHWA comment from the NCUTCD regarding crashworthiness of sign supports within revises this statement to indicate that this change, which the FHWA the clear zone for roads with posted the bottom of the strip be within 0.6 m incorporates in this final rule. speed limits of 80 km/h (50 mph) or (2 ft) above the edge of the roadway. The 22. In Section 2A.19 Lateral Offset, above. This is consistent with guidance FHWA adopts this change, along with the FHWA divides the first STANDARD previously communicated informally to editorial modifications, in this final statement into a STANDARD and a jurisdictions in a variety of training and rule. GUIDANCE statement. The STANDARD presentations by the FHWA Office of 25. In Section 2A.23 Median Opening statement refers to the lateral offset of Safety regarding roadside safety and Treatments for Divided Highways with overhead sign supports, and the countermeasures for run-off-the-road Wide Medians (numbered Section 2A.24 GUIDANCE statement refers to the crashes, and is a reasonable target date in the NPA and title changed from 2000 lateral offset of signs mounted at the for achieving compliance on high-speed MUTCD), the FHWA removes the roadside. Changing the lateral offset of roads. GUIDANCE statement that appeared in roadside-mounted signs to a GUIDANCE 23. In the NPA, the FHWA proposed the 2000 MUTCD and changes the provides additional flexibility to revisions to Section 2A.20 Position of STANDARD statement to a GUIDANCE jurisdictions for signs mounted at the Signs, to remove the second sentence statement. The FHWA received three roadside. There was one comment from under the SUPPORT statement as the comments from the NCUTCD, Caltrans, the NCUTCD in support of this change, references to the figures duplicates other and the City of Tucson, Arizona, in the Kansas DOT opposed it, and references elsewhere. Upon further support of these changes, and two Caltrans requested additional consideration, the FHWA believes that comments from ATSSA and the clarification. The Kansas DOT opposed this section is not necessary and deletes Minnesota DOT opposing the change the conversion of the minimum lateral this section from the MUTCD in its from STANDARD to GUIDANCE. This offset for signs mounted at the roadside entirety in this final rule. This section change makes it recommended rather to a GUIDANCE, and suggested that it does not include any information that is than mandatory that intersections on should remain a STANDARD in order to not already contained elsewhere in the divided highways where the median minimize the chance of allowing signs Manual. The FHWA revises the width at the median opening is 9 m (30 to be placed immediately adjacent to the subsequent section numbers ft) or more, be signed as two separate shoulder or the roadway edge. The accordingly. intersections. The commenters FHWA disagrees because it is more 24. In Section 2A.21 Posts and suggested that the use of the mandatory appropriate for this item to be a Mountings (numbered Section 2A.22 in word ‘‘shall’’ would provide for greater GUIDANCE, especially given the the NPA), the FHWA adds an OPTION consistency between jurisdictions and exemptions in the last OPTION statement after the SUPPORT statement, should be maintained to assist tourists statement. The FHWA encourages the indicating that a strip of retroreflective and older drivers. The FHWA believes 12-foot offset, but provides flexibility to material may be used on the supports of that it is important to provide additional jurisdictions for the placement of signs regulatory and warning signs to draw signing flexibility to jurisdictions mounted at the roadside in places where attention to the sign during nighttime regarding median openings. A the 12-foot offsets would not be conditions. One consultant and three GUIDANCE statement strongly desirable or practical. A State may State DOTs opposed this new OPTION, encourages the practice without choose to impose a more stringent but the NCUTCD and several other mandating it, and allows for engineering requirement if it desires. The FHWA agencies supported it. Those opposed judgment to be used to determine if adopts this change, as specified in the stated several reasons, such as difficulty some intersections on roadways with NPA, in this final rule. in deciding which signs should receive medians wider than 9 m (30 ft) might Additionally, in the 2000 edition of a reflective strip, lack of research function better without being signed as the MUTCD a new requirement was support, and consistency. The FHWA two separate intersections. Therefore, established in this section that, if agrees that additional instruction is the FHWA adopts the change as located within the clear zone, ground- needed regarding the use of the specified in the NPA. mounted sign supports shall be reflective strip, and adds the phrase 26. In Section 2B.02 Design of breakaway, yielding, or shielded with a ‘‘Where engineering judgment indicates Regulatory Signs, the NPA included a barrier or crash cushion and that a need to draw attention to the sign proposal to add OPTION and supports for overhead-mounted signs during nighttime conditions’’. Because GUIDANCE statements at the end of the shall be shielded with a barrier or crash this is an OPTION, States that oppose it section regarding the use of Changeable cushion, but no special phase-in target can choose to not allow this use. Message Signs to provide for the display compliance date was established at that Additionally, the FHWA adds a of regulatory signs. The NCUTCD, the time. In response to comments that second STANDARD statement after the City of Tucson, Arizona, and a traffic agencies are encountering difficulties OPTION statement specifying the size, control device manufacturer supported the new OPTION statement. Caltrans and economic impacts given the location, and color of the strip of questioned whether the information also extensive testing of devices that has to retroreflective material if it is used. This applied to portable changeable message occur in accordance with NCHRP provides for uniformity of application. signs. The FHWA agrees that the Report 350 7 in order to determine and Based on comments received from a OPTION statement applies to more than 7 NCHRP Report 350, ‘‘Recommended Procedures the Transportation Research Board at the following just regulatory signs, and removes this for the Safety Performance Evaluation of Highway URL: http://gulliver.trb.org/publications/nchrp/ OPTION statement from this section and Features,’’ 1993, is available for downloading from nchrp_rpt_350-a.pdf. places it in Section 2A.07 Changeable

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Message Signs, with additional changes the divided highway. The FHWA one comment from ATSSA in support of to the text. The NCUTCD and a traffic received one comment from ATSSA this proposed change, the NCUTCD, the control device manufacturer supported supporting these changes. The City of Arizona, Oregon, Virginia, Wisconsin, the new GUIDANCE statement, however Tucson, Arizona, opposed the increase and Illinois DOTs as well as the Cities ATSSA and the Wisconsin DOT in sign size, stating that the current sign of Plano, Texas; Beaverton, Oregon; opposed it. The Wisconsin DOT stated sizes are adequate for urban/city street Kennewick, Washington; and Tucson, that regulatory messages on changeable systems. The FHWA adopts the sizes as Arizona, opposed this change, stating message signs should only be used to proposed in the NPA because the that it was too restrictive. The FHWA supplement standard ground mounted research indicates these sizes are agrees with the State and local DOTs signs, rather than as the sole sign, needed in most cases for older drivers. that there may be some locations where because they cannot be enforced. However, to address the comment from it may be appropriate to mount signs to ATSSA stated that there are previously the City of Tucson, the FHWA is the back of STOP signs, and changes identified problems regarding the currently reviewing ways to better this STANDARD to a GUIDANCE in this contrast in colors of the red prohibition incorporate the needs of urban areas final rule and revises the statement to circle on changeable message signs. The into the MUTCD and plans to address read, ‘‘Other than a DO NOT ENTER FHWA disagrees with both of these those needs in a future rulemaking. sign, no sign should be mounted back- comments and adopts the GUIDANCE The FHWA establishes a phase-in to-back with a STOP sign in a manner statement in this final rule. Regulatory target compliance date of 10 years from that obscures the shape of the STOP messages on changeable message signs the date of this final rule for these sign sign.’’ The FHWA adds a phase-in target can be enforced as long as the sizes, for existing signs in good compliance date for this new jurisdiction has the authority to enact condition to minimize any impact on GUIDANCE of 10 years from the temporary regulations and as long as the State or local governments. effective date of this final rule for messages conform to MUTCD Additionally, the FHWA adds to the existing signs in good condition, and requirements. The red prohibitory circle OPTION statement that signs larger than adds a SUPPORT statement referencing and slash on a black background, as those shown in Table 2B–1 may be Section 2A.16 Standardization of used on changeable message signs, used. Sometimes there are special Location for further information generally have better contrast than those conditions that warrant much larger regarding separate and combined used on static signs. The FHWA adopts signs and this flexibility is needed. mounting of signs with STOP signs. the changes to this section with There were no comments regarding this 30. In Section 2B.09 YIELD Sign revisions as described above. change, and the FHWA adopts this Applications, the FHWA clarifies the 27. In Section 2B.03 Size of change. OPTION statement by adding a 28. In Section 2B.04 STOP Sign (R1– Regulatory Signs, the FHWA removes reference to STOP signs. The change 1), the FHWA received three comments, the SUPPORT statement referencing the states that instead of using a STOP sign, one from a traffic engineering consultant ‘‘Standard Highway Signs’’ book a YIELD sign may be used if engineering and two from private citizens regarding because this statement is general and judgment indicates that one or more of the use of supplemental plaques with applies to regulatory, warning, and the listed conditions exist. The multi-way STOP signs. The FHWA did guide signs, and a similar statement is conditions for using a YIELD sign are not propose any change to this section included in Section 2A.12 Dimensions. not being changed. The FHWA received in the NPA, and these comments are The FHWA modifies Table 2B–1 by four comments from the NCUTCD, outside the scope of this final rule. adding, removing, and renaming signs, ATSSA, the City of Tucson, Arizona, 29. In Section 2B.06 STOP Sign and the Association of Pedestrian and and by adding additional sign sizes. Placement, the FHWA corrects an error These changes and new sign sizes Bicycle Professionals in general support in the STANDARD statement (as of the change. A traffic engineering reflect changes in Part 2, are values from published in the 2000 MUTCD) by the ‘‘Standard Highway Signs’’ book, consultant mistakenly thought that the changing the word ‘‘correct’’ to ‘‘right’’ change represented a major change in and reflect regular use by highway so that the statement reads, ‘‘The STOP agencies. The FHWA received several the method of determining if YIELD is sign shall be installed on the right side the appropriate sign, and suggested a editorial comments from the NCUTCD of the approach to which it applies.’’ and Caltrans regarding these changes 10-year phase-in target compliance date. There was one comment from a private The most significant change was made and incorporates those changes as citizen suggesting that the FHWA in the 2000 MUTCD. The only new appropriate. replace ‘‘traffic lane’’ with ‘‘approach’’ Additionally, the FHWA increases the concept is the clarification that YIELD in order to avoid this statement being signs would be used ‘‘instead of STOP sizes of the ONE WAY (R6–2) sign and misinterpreted as requiring a separate the DIVIDED HIGHWAY CROSSING signs.’’ This is only an OPTION and sign to the right of each stopped lane on existing STOP signs that are in place at (R6–3, R6–3a) signs for all roads based a multi-lane approach. The FHWA intersections where these conditions on the research 8 addressing the needs of agrees and revises the text accordingly. apply would not be in violation of the older road users. The FHWA adds sign Additionally, the NPA included a MUTCD. The FHWA adopts the change sizes in the ‘‘Expressways’’ and proposal that other than a DO NOT with minor editorial revisions in this ‘‘Freeways’’ columns for these signs and ENTER sign, no other sign shall be final rule. There is no need for a long the R6–1 ONE WAY sign because these mounted back-to-back with a STOP compliance date to comply with an are the main signs to alert road users of sign, to assure that the shape of the OPTION. The FHWA notes that the 10- STOP sign is visible to road users on year phase-in target compliance date for 8 Information about this research is summarized on pages 94–100 of the ‘‘Highway Design Handbook other approaches to the intersection. the change in application of YIELD for Older Drivers and Pedestrians,’’ Report number The proposed exception for the DO NOT signs is tied to the effective date of the FHWA–RD–01–03, published by the FHWA Office ENTER sign was to allow flexibility in 2000 MUTCD (January 11, 2011). of Safety Research and Development, 2001. It is urban areas where there may not be Additionally, the FHWA adds a available for purchase from The National Technical Information Service, Springfield, Virginia 22161, enough room to install separate poles STANDARD statement after the (703) 605–6000. Internet website address at for each sign and both signs must be OPTION statement to require the use of http://www.ntis.gov. installed at the corner. While there was a YIELD sign to assign right-of-way at

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the entrance to a roundabout revises the statement to read, ‘‘Other adds a reference to Section 3B.16 Stop intersection. An essential design feature than a DO NOT ENTER sign, no sign and Yield Lines to provide additional of a modern roundabout intersection is should be mounted back-to-back with a clarity that the yield line is to be placed ‘‘yield-on-entry’’ therefore, a YIELD sign YIELD sign in a manner that obscures adjacent to the Yield Here to Pedestrians is necessary at all entrances to the the shape of the YIELD sign.’’ The sign. The FHWA adopts this section in roundabout intersection. The FHWA FHWA adds a phase-in target this final rule and establishes a phase- received one comment from ATSSA in compliance date for this new in target compliance date of 10 years support of this change, and one GUIDANCE of 10 years from the from the effective date of this final rule comment from the U.S. Access Board effective date of this final rule for for existing signs in good condition to opposed to it. The U.S. Access Board existing signs in good condition, and minimize any impact on State or local suggested that the pedestrian crossing also adds a SUPPORT statement governments. be moved away from the entry and exit referencing Section 2A.16 The FHWA received two comments points of the roundabout intersection to Standardization of Location for further from the Oregon DOT and a traffic allow for safer interaction between information regarding separate and engineering consultant suggesting that pedestrians and drivers. This would combined mounting of signs with this section be expanded to include create a midblock crossing, and the YIELD signs. STOP HERE FOR PEDESTRIAN signs FHWA believes that the signing and Additionally, the FHWA adds a and wording added to allow the signs at marking of nearby midblock crosswalks paragraph to the GUIDANCE statement any marked crosswalk not controlled by should be determined on a case-by-case stating that, at a roundabout a signal, stop sign, or yield sign as an basis using engineering judgment. Thus, intersection, the face of the YIELD sign option for States or other agencies with the FHWA did not make changes to this should not be visible from the statutes that require traffic to stop for STANDARD, and adopts the new circulating roadway. This is pedestrians. This goes beyond the scope STANDARD statement as proposed in recommended to prevent circulating of the NPA, and a future NPA would the NPA. vehicles in the roundabout intersection need to be issued for discussion and 31. In Section 2B.10 YIELD Sign from yielding unnecessarily. The FHWA comment. Placement, the FHWA corrects an error received no comments regarding this 33. The FHWA adds a new section in the first paragraph of the STANDARD change, and adopts this change. numbered and titled ‘‘Section 2B.12 In- statement by changing the word The FHWA also adds an OPTION Street Pedestrian Crossing Signs (R1–6, ‘‘correct’’ to ‘‘right’’ so that the first statement at the end of the section to R1–6a).’’ (This section was numbered sentence reads, ‘‘The YIELD sign shall allow the installation of an additional Section 2B.53 in the NPA.) These in- be installed on the right side of the YIELD sign on the left side of the road street signs remind road users of the approach to which it applies.’’ and/or the use of a YIELD line at wide- laws regarding right-of-way at an Additionally, the FHWA adds a new throat intersections. This provides for unsignalized pedestrian crossing. The sentence after the first sentence of the improved visibility of the YIELD signs FHWA includes OPTION, GUIDANCE, STANDARD statement to require that where needed. The FHWA received no and STANDARD statements describing YIELD signs shall be placed on both the comments regarding this change, and the use, design and application of the left and right sides of the approaches to adopts this change. In-Street Pedestrian Crossing (R1–6, R1– roundabout intersections with more 32. The FHWA adds a new section 6a) signs. These signs are included in than one approach lane on the signed numbered and titled, ‘‘Section 2B.11 the MUTCD in order to provide for approach. This is in concert with best Yield Here To Pedestrians Signs (R1–5, uniformity of these regulatory messages practices of modern roundabout R1–5a)’’. (This section was numbered and for improved pedestrian safety. The intersection design and to assure Section 2B.52 in the NPA.) These new FHWA received four comments from adequate visibility of the YIELD signs. signs alert road users of the presence of ATSSA, the City of Los Angeles, There were two comments from ATSSA an unsignalized midblock pedestrian California, the Association of Pedestrian and the Kansas DOT in general support crossing. The FHWA includes a and Bicycle Professionals, and a traffic of these changes, and the FHWA adopts STANDARD statement, which states engineering consultant in agreement these changes, with minor editorial that if YIELD lines are used in advance with the new section as proposed in the revision. of an unsignalized marked crosswalk, NPA. Another five commenters Additionally, the NPA included a the YIELD HERE TO PEDESTRIANS representing the Florida and Wisconsin proposal to add a paragraph to the (R1–5 or R1–5a) signs, shall be placed DOTs, the Cities of Los Angeles, STANDARD statement that other than a 6.1 to 15 m (20 to 50 ft) in advance of California, and Tucson, Arizona, and a DO NOT ENTER sign, no other sign the nearest crosswalk line. The purpose traffic engineering consultant agreed shall be mounted back-to-back with a of the STANDARD is to provide for the with the sign in general, but suggested YIELD sign, to assure that the shape of uniform use and placement of these wording changes, including deleting the the YIELD sign is visible to road users signs and improved pedestrian safety. reference to State law from the sign. on other approaches to the intersection. The FHWA received six comments Another five commenters representing The proposed exception for the DO NOT from the NCUTCD, ATSSA, Cities of the NCUTCD and the Kansas, Arizona, ENTER sign was to allow flexibility in Tucson, Arizona, and Plano, Texas, the and Minnesota DOTs opposed the sign urban areas where there may not be Association of Pedestrian and Bicycle and the inclusion of this section in the enough room to install separate poles Professionals, and a traffic engineering MUTCD. Those opposed listed several for each sign and both signs must be consultant in support of this new reasons, including waiting until the installed at the corner. The FHWA section. One private citizen opposed it, results of a related Transportation received nine comments from State and stating that the signs are unnecessary Cooperative Research Program (TCRP)9 local DOT’s opposed to this change, because they convey rules of the road, stating that it was too restrictive (see rather than site-specific regulations. The 9 ‘‘Improving Pedestrian Safety at Unsignalized comments and discussion in Section Wisconsin DOT and Pierce County, Roadway Crossings’’ is a reach study currently in progress. This is a joint effort between the National 2B.06 STOP Sign Placement). The Washington, requested clarification of Cooperative Highway Research Program (NCHRP) FHWA agrees and changes this the placement of these signs. In and the Transportation Cooperative Research STANDARD to a GUIDANCE and response to the comments, the FHWA Continued

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study are released, that in-roadway developed to provide a clear and easily classification. A traffic engineering signs should be discouraged for safety noticed distinction between metric and consultant suggested less reliance on the reasons, and that signs that remind English speed limit signs. Because the 85th percentile speed. Based on these drivers to obey the law are unnecessary. color red suggests prohibition, and comments, the FHWA simplifies the The FHWA disagrees with those green is already used as a permissive statement to read, ‘‘When a speed limit opposed to this section because message with hazardous materials is to be posted, it should be within 10 research, including an experimentation routing signs, the FHWA requires the km/h or 5 mph of the 85th percentile in Redmond, Washington,10 has found black colored circle to provide speed of free-flowing traffic.’’ that this sign is effective at distinction for a metric speed limit. The FHWA adds a paragraph to the communicating important information Based on this new design, the FHWA end of the OPTION statement, which to drivers and provides for uniformity of removes the first SUPPORT statement states that a changeable message sign these regulatory messages and for (from the 2000 MUTCD), as it is no that displays to approaching drivers the improved pedestrian safety. Also, the longer needed. The new design of the speed at which they are traveling may TCRP research cited by some metric Speed Limit sign better be installed in conjunction with a Speed commenters is only just beginning and differentiates a metric speed limit sign Limit sign. The FHWA received one its scope of work is too broad to from an English-unit speed limit sign, comment from a traffic control device adequately address this specific signing and also remedies the possible situation manufacturer supporting this change. issue. The use of these signs is optional, where the ‘‘METRIC’’ plaque used in the The FHWA adopts the change, as and jurisdictions may decide not to old design is damaged or stolen and the proposed in the NPA, in this final rule. allow the use of these signs. The FHWA sign appears to be an English units The FHWA also adds, following the adopts this new section and sign in this Speed Limit sign with a higher but OPTION statement, a GUIDANCE final rule, and adds a SUPPORT erroneous value. Other than comments statement, which states that if a statement that the provisions of Section opposed to the change in the metric sign changeable message sign displaying 2A.18 Mounting Height are not design, there were no comments approach speeds is installed, the legend applicable to the mounting height of the specifically regarding this change, and YOUR SPEED XX KM/H (MPH) or In-Street Pedestrian Crossing Signs. the FHWA adopts this change. similar legend should be shown. The FHWA also adds a new figure In the NPA, the FHWA proposed to Changeable message signs displaying numbered and titled ‘‘Figure 2B–2, add a new paragraph to the first the actual speeds of approaching drivers ‘‘Unsignalized Pedestrian Crosswalk GUIDANCE statement indicating that have been widely used in many Signs’’ (numbered Figure 2B–22 in the non-statutory speed limits be jurisdictions over the past decade or NPA) to illustrate the design of the R1– reevaluated at least once every five more to enhance driver compliance with 5, R1–5a, the R1–6, and the R1–6a signs. years to determine if any adjustments speed limits. However, a variety of The FHWA renumbers the remaining would be appropriate. The FHWA colors have been used for the display of sections in this chapter. received one comment from a private the numerals of the actual speed. For 34. In Section 2B.13 Speed Limit Sign citizen in support of this change, and consistency with Table 2A–4 and the (R2–1), numbered Section 2B.11 in the four comments from the NCUTCD, City MUTCD’s general principles of sign NPA, the FHWA modifies the of Kennewick, Washington; Lake colors, FHWA adds to this GUIDANCE STANDARD statement to reference the County, Illinois; and Pierce County, statement that the color should be speed limit signs shown in Figure 2B– Washington, opposed to the new yellow legend on black background or 1. In the NPA, the FHWA proposed a paragraph. Those opposed cited the reverse of these colors. The FHWA new, unique design for the metric speed concerns about the five-year frequency establishes a 10-year phase-in target limit sign. The sign had a red circle of review, stating that there are many compliance date from the effective date around the speed value with a ‘‘km/h’’ roads and streets on which conditions of this final rule for the color of the legend below, and the supplemental remain stable for much longer than five legend of the changeable message ‘‘km/h’’ plaque removed. The FHWA years and that conducting speed limit portion of the ‘‘YOUR SPEED’’ sign, for received eight comments from the reevaluations every five years on such existing signs in good condition, to NCUTCD, ATSSA, and private citizens roads would be a major burden on the minimize any impacts on State or local in general support of the new metric States and local governments. The governments. speed limit design, and ten comments FHWA agrees with some of these 35. In Section 2B.15 Night Speed from the Oregon and Minnesota DOTs concerns, and therefore the FHWA Limit Sign (R2–3) (numbered Section and private citizens opposed to the sign expands the paragraph to clarify that 2B.13 in the NPA), while there were no design. Those opposed cited concerns this review should take place on changes proposed in the NPA, the that the red circle is generally associated segments of roadways that have FHWA makes editorial changes in this with a prohibitory regulatory message, undergone a significant change in section to be consistent with Section and that a speed limit does not fall into roadway characteristics or surrounding 2B.13 Speed Limit Sign. In addition, in that category of message. In response to land use since the last review. response to comments received, the the comments, the FHWA revises the In the NPA, the FHWA proposed FHWA changes the metric version of the sign in this final rule to include a black clarifications to the third paragraph of Night Speed Limit sign in Figure 2B–1 circle around the speed value, rather the GUIDANCE statement to to show a white circle around the metric than red. The concept of placing a circle differentiate the rounding of a speed speed digits and include the ‘‘km/h’’ around the metric speed limit digits was limit on a sign located on a non- message all within one panel. This is residential street from a sign located on necessary for consistency with the Program (TCRP). The study is numbered NCHRP a residential street. The FHWA received adopted concept of enclosing metric Project 3–71 and TCRP D–08. Information is several comments from the NCUTCD, speed limit values in a circle to assure available at the following URL: http://rip.trb.org. the Wisconsin DOT, and a traffic that they are easily distinguished from 10 A copy of ‘‘City of Redmond In-Street engineering consultant opposing this speed limits in English units. Pedestrian Crossing Sign Test’’, FHWA Experimentation #2–507(EX), six-month report by change, requesting simpler terminology 36. In Section 2B.16 Minimum Speed the City of Redmond, June 30, 2003, is available on and the ability for jurisdictions to round Limit Sign (R2–4), numbered Section the docket. speeds up or down, regardless of street 2B.14 in the NPA, the FHWA received

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several comments opposing the design removal of former Section 2B.16 as for travel is inconsistent and degrades of the metric sign in Figure 2B–3 proposed in the NPA. To minimize any the meaning of the symbol. The FHWA (numbered Figure 2B–2 in the NPA). impacts to State and local governments, also revises the first STANDARD The comments were similar to those in Section 2C.30 the FHWA establishes statement to clarify that the barriers received on Section 2B.13 Speed Limit a phase-in target compliance date of 15 mentioned are physical barriers. Sign (R2–1). (See also the discussion of years from the effective date of this final Additionally, the FHWA modifies that section above.) Because the color rule for existing R2–5 signs in good item B of the second OPTION statement red suggests prohibition, and green is condition to be changed to W3–5 or to read, ‘‘An engineering study indicates already used as a permissive message W3–5a signs. that the use of the Reversible Lane with hazardous materials routing signs, 39. In Section 2B.19 Turn Prohibition Control signs alone would result in an the FHWA requires the black colored Signs (R3–1 through R3–4, and R3–18) acceptable level of safety and circle to provide distinction for a metric (numbered and titled ‘‘Section 2B.17 efficiency.’’ This is to clarify that an minimum speed limit. Turn Prohibition Signs (R3–1 through engineering study needs to evaluate 37. The FHWA adds a new section R3–4)’’ in the 2000 MUTCD and in the whether safety and efficiency will be numbered and titled ‘‘Section 2B.17 NPA), the FHWA includes a new maintained with signs alone. FINES HIGHER Plaque (R2–6).’’ (In the symbol sign which combines the No The FHWA received four comments NPA, this new section was numbered Left Turn and the No U-turn symbol from the NCUTCD and the City of and titled ‘‘Section 2B.15 Fines Higher signs into one symbol sign (R3–18), and Tucson, Arizona, in support of these Sign (R2–6)’’). The FHWA agrees with adds to the OPTION and GUIDANCE changes, and the FHWA adopts the comments from the NCUTCD and a statements information on the proper changes. traffic engineering consultant suggesting use of the sign. This new sign will The FHWA establishes a phase-in that the term ‘‘sign’’ be replaced with reduce the sign clutter at an intersection target compliance date of 10 years from ‘‘plaque’’. This new section consists of where both movements are restricted the effective date of this final rule for OPTION, GUIDANCE, and STANDARD and make it easier for road users to existing signs in good condition to statements on the uses of the FINES understand the multiple turn minimize any impact on State or local HIGHER plaque to advise road users restrictions. The FHWA received six governments. when increased fines are imposed for comments from the NCUTCD, ATSSA, 42. In Section 2B.26 Preferential Only traffic violations within designated Caltrans and the Cities of Tucson, Lane Signs (R3–10 through R3–15) roadway segments. The FINES HIGHER Arizona; and Plano, Texas, supporting (numbered and titled Section 2B.48 plaque should be installed below an this new sign. The Virginia DOT Preferential Lane Signs (R3–10 through applicable regulatory or warning sign in opposed this change due to the fact that R3–17) in the NPA), the FHWA changes a temporary traffic control zone, a Virginia State law already prohibits U- several GUIDANCE statements to school zone, or other applicable turns when a No Left Turn sign is STANDARD statements to be consistent designated zone. The FHWA received present. Because not all States have this with requirements of STANDARDS in one comment from ATSSA specifically law, the FHWA believes that this sign other sections of the MUTCD and to in support of the new section, and one should be available for use by States at ensure that these critical signs are comment from the Wisconsin DOT those locations where both U-turns and properly designed and applied to opposing it. The Wisconsin DOT stated left turns are prohibited. The FHWA enhance safety and reduce road user that the sign is not necessary because adopts the OPTION and GUIDANCE confusion. The FHWA also includes these laws are already State statutes and statements in this final rule. Because it cross-references to other sections, as need not be signed. Because this is an is an OPTION, States are not obligated appropriate. Additionally, the FHWA OPTION, States can choose not to allow to use the new sign. revises information for the R3–10 the use of this plaque. Many other States 40. In Section 2B.21 Mandatory through R3–14 signs in Table 2B–1 in are finding that this sign enhances Movement Lane Control Signs (R3–5, this final rule. The FHWA also revises safety in school zones and temporary R3–5a, and R3–7) (numbered Section Figure 2B–7 (numbered Figure 2B–21 in traffic control zones by reminding 2B.19 in the NPA), the FHWA revises the NPA) to correct errors and illustrate drivers of a law that might not always the GUIDANCE statement to clarify that examples of signs consistent with the be prevalent on their minds. It also the lane control pavement markings text in this final rule. All of these serves to alert drivers from other States mentioned are lane-use arrow markings. changes respond to comments received about this law, which may not be the The FHWA received one comment from from Caltrans, the Florida and same as the laws in their home State. the City of Tucson, Arizona, in support Minnesota DOTs, traffic engineering The FHWA adopts this new section, of this change, and the FHWA adopts consultants, and private citizens with minor editorial revisions, and this change. requesting clarity, and they provide renumbers the remaining sections. 41. In Section 2B.25, Reversible Lane consistency with other areas of the 38. The FHWA removes Section 2B.16 Control Signs (R3–9d, R3–9f through MUTCD. Reduced Speed Ahead Signs (R2–5) R3–9i) (numbered and titled, ‘‘Section In the NPA, the FHWA proposed Series (as numbered and titled in the 2B.23 Reversible Lane Control Signs modifying the first paragraph of the 2000 MUTCD) because these signs are (R3–9c through R3–9i)’’ in the 2000 third GUIDANCE statement regarding warning signs and appear in Chapter 2C MUTCD), the FHWA removes the R3–9c types of preferential lane signs for in this final rule. The intended message and R3–9e signs and all of their which the diamond symbol should not is more properly categorized as a references in the section. Using just the be used (because the diamond symbol is warning message rather than a R3–9d sign will improve uniformity and intended to be used only to denote HOV regulatory message. maintain consistency with the red X lanes). The restriction of using the See discussion in Section 2C.30 symbol used in reversible lane signal diamond symbol only for HOV lanes is Speed Reduction Signs (W3–5, W3–5a) systems. The DO NOT ENTER symbol is now included in a STANDARD where FHWA adds the newly intended to be used to prohibit entry statement in Section 2B.27 Preferential designated warning signs. That into a roadway or ramp, and using this Only Lanes for High-Occupancy discussion applies to this section also. symbol to prohibit use of a single lane Vehicles (HOVs) (numbered 2B.49 in Accordingly, the FHWA adopts the of a roadway that is otherwise available the NPA), and is cross-referenced in

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Section 2B.26 Preferential Only Lane when a State or local jurisdiction less than the required number of Signs (R3–10 through R3–15). As a permits ILEVs to use a particular HOV occupants to operate in the HOV lanes result, the FHWA is not making the lane facility. if: change to the first paragraph of the third The FHWA establishes a 10-year A. The vehicle is properly labeled and GUIDANCE statement that was phase-in target compliance date from certified as an ILEV and the lane is not proposed in the NPA. the effective date of this final rule for a bus-only HOV lane; or The FHWA changes the last paragraph signs in good condition to comply with B. The HOV lanes are part of a project of the third GUIDANCE statement (of the new requirements of Section 2B.26 that is participating in the FHWA Value the 2000 MUTCD) to a fifth STANDARD Preferential Only Lane Signs (R3–10 Pricing Pilot Program.12 statement (second in the NPA) to be through R3–15), to minimize any impact The FHWA adopts this requirement as consistent with requirements in Section on State or local governments. it pertains to motorcycles because, 2A.07 Changeable Message Signs. These 43. In Section 2B.27 Preferential Only under the provisions of 23 U.S.C. requirements indicate that changeable Lanes for High-Occupancy Vehicles 102(a)(1), motorcycles are specifically message signs serving as HOV signs (numbered and titled Section 2B.49 identified as not a single-occupant shall be the required sign size and shall High Occupancy Vehicle (HOV) Lanes vehicle. However, the FHWA recognizes display the required letter height and in the NPA), the FHWA adds a second that the provisions of 23 U.S.C. 102(a)(2) legend format that corresponds to the paragraph to the first STANDARD and Environmental Protection Agency type of facility and design speed. This statement that the requirements for a (EPA) regulations in 40 CFR section change from a recommended practice to minimum number of occupants in a 88.313–93 permit, but do not require, a required practice is made to preclude vehicle to use an HOV lane shall be in States to allow ILEVs to use HOV lanes. the use of insufficiently sized or effect for most, or all, of at least one of Further, the FHWA recognizes that the designed changeable message signs to the usual times during the day when the applicable provisions of the display these important regulatory demand to travel is greatest (such as Transportation Equity Act for the 21st messages for HOV lane use. The FHWA morning or afternoon peak travel Century (TEA–21) permit, but do not received one comment from the periods) and the traffic congestion require, States to allow vehicles with NCUTCD in support of this change, and problems on the roadway and adjoining fewer than two occupants to operate in one comment from Caltrans suggesting transportation corridor are at their HOV lanes if the vehicles are part of a further clarification. To respond to the worst. The FHWA also adds in the last value pricing program. Therefore, the comments, the FHWA inserts an paragraph the requirement of a Federal FHWA revises the paragraph in Section OPTION statement prior to the review (as outlined in Section 2 of the 2B.27 about these uses of HOV lanes to STANDARD, indicating appropriate Federal-aid Highway Program Guidance OPTION statements rather than uses of changeable message signs, and on HOV Lanes 11) prior to initiating a STANDARD statements. the FHWA includes editorial proposed project (including a proposed The FHWA also revises the first modifications to the STANDARD. test or demonstration project) that seeks SUPPORT statement to clarify the Additionally, the FHWA adds a new to significantly change the operation of examples of significant operational GUIDANCE statement at the end of the the HOV lanes for any length of time. changes to HOV lanes. While most of section stating that the Inherently Low The FHWA received two comments this information was included in the Emission Vehicle (ILEV) (R3–10b) sign from the NCUTCD and the City of NPA (and the 2000 MUTCD), the FHWA should be used when it is permissible Tucson, Arizona, in general support of provides examples in the form of for a properly labeled and certified the changes to this section, and one individual items in this final rule for ILEV, regardless of the number of comment from Caltrans opposed to the clarity. The FHWA adds implementing occupants, to operate in the HOV lanes specific change regarding Federal a pricing option to an existing HOV and that, when used, the ILEV signs review of a proposed test or lane, such as High Occupancy Toll should be ground mounted in advance demonstration project. Caltrans felt that (HOT) lane or toll lane to the list of of the HOV lanes and at intervals along FHWA review is not currently required. example items to reflect current the HOV lanes based upon engineering However, the Federal review is required practice. judgment. A uniform sign design and because of provisions in Titles 23 and The FHWA modifies this section to application is needed to enhance driver 49 of the United States Code as well as add a SUPPORT statement at the end of understanding and compliance a variety of commitments, agreements, the section. The SUPPORT statement regarding ILEV use of HOV lanes and transportation planning requirements, states that the Inherently Low Emissions also to correspond to changes in Section and transportation conformity Vehicle (ILEV) program requirements, 2B.27 Preferential Only Lanes for High requirements under the Clean Air Act. certification program, and other Occupancy Vehicles (HOVs). The The FHWA responds by providing an regulatory provisions are developed and FHWA received one comment from additional reference to the Federal-Aid administered through the U.S. ATSSA in support of this new Highway Program Guidance on HOV Environmental Protection statement, and two comments from Lanes, which gives very detailed Administration (EPA). The U.S. EPA is Caltrans and the Minnesota DOT information about the basis of the the only entity with the authority to opposed to it. The opposing review and factors considered. certify ILEVs. Vehicle manufacturers commenters suggested that there are In the NPA, the FHWA proposed to must request the U.S. EPA to grant an different types of ILEV vehicles, and modify the first STANDARD statement ILEV certification for any vehicle to be that the text needed to be clarified. To to allow motorcycles to use HOV lanes considered and labeled as meeting these respond to those comments, the FHWA that received Federal-aid program standards. According to the U.S. EPA, adds a SUPPORT statement, following funding. The FHWA also proposed to the GUIDANCE, that explains what an require agencies to allow a vehicle with 12 The Value Pricing Pilot Program is an ILEV is, similar to the definition in experimental program to learn the potential of Section 1A.13, and also providing 11 The ‘‘Federal-Aid Highway Program Guidance different value pricing approaches for reducing citations of applicable sections of the on High Occupancy Vehicle (HOV) Lanes’’ dated congestion authorized by Section 1216(a) of the March 28, 2001, is available at the following URL: Transportation Equity Act for the 21st Century Code of Federal Regulations (CFR). The http://www.fhwa.dot.gov/operations/ (TEA–21). Information is available at the following R3–10b sign is recommended for use hovguide01.htm. URL: http://www.fhwa.dot.gov/policy/vppp.htm.

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1996 was the first year that they obstruction separating opposite retitles Figures 2A–5 and 2A–6 to certified any ILEVs. The U.S. EPA directions of traffic in the center of the ‘‘Figure 2B–12. Examples of Locations regulations specify that ILEVs must highway such that traffic will have to of ONE WAY Signs (Sheet 1 of 2, Sheet meet the emission standards specified pass to the right of the sign. 2 of 2)’’ (numbered Figures 2B–10 and in 40 CFR 88.311–93 and their labeling Additionally, the FHWA adds a new 2B–11 in the NPA); Figure 2A–4 to must be in accordance with 40 CFR STANDARD statement following the ‘‘Figure 2B–13. Examples of ONE WAY 88.311–93(c). GUIDANCE statement indicating that Signing for Divided Highways with The changes in Section 2B.27 are also the Keep Right sign shall not be Medians 9 m (30 ft) or Greater’’ necessary to assure consistency with the installed on the right side of the (numbered Figure 2B–12 in the NPA); FHWA requirements to comply with the roadway in a position where traffic must and Figure 2A–3 to ‘‘Figure 2B–14. National Environmental Policy Act (42 pass to the left of the sign. Examples of ONE WAY Signing for U.S.C. 4321 et seq.) process. The changes in this section clarify the Divided Highways with Medians Less 44. In Section 2B.28 Preferential Only proper uses of Keep Right and Keep Left Than 9 m (30 ft) ’’ (numbered Figure 2B– Lane Sign Applications and Placement signs. The FHWA received two 13 in the NPA). The FHWA also adds (numbered Section 2B.50 High- comments from the NCUTCD and the a new figure, ‘‘Figure 2B–15. Examples Occupancy Vehicle Sign Application City of Tucson, Arizona, in general of ONE WAY Signing for Divided and Placement in the NPA), in the NPA support of the changes to this section, Highways with Medians Less Than 9 m the FHWA proposed adding a SUPPORT and adopts these changes. (30 ft) and Separated Left-Turn Lanes’’ statement after the GUIDANCE 46. In Section 2B.34 DO NOT ENTER (numbered Figure 2B–14 in the NPA). statement, to state that Figures 2E–44 Sign (R5–1) (numbered Section 2B.29 in These figures are most directly through 2E–show application and the NPA), the FHWA modifies the associated with ONE WAY signs and are placement examples of HOV signing for GUIDANCE statement with respect to most appropriately located in this entrances to barrier-separated HOV the placement of the DO NOT ENTER section, which contains the text about lanes and direct entrances to and exits sign. The GUIDANCE states that, if ONE WAY signs. The FHWA received a from HOV lanes. The FHWA received used, the DO NOT ENTER sign should few editorial comments regarding these four comments regarding the proposed be placed directly in view of the road figures, and incorporates those changes changes to this section. The NCUTCD user at the point where a road user as appropriate in this final rule. and the City of Tucson, Arizona, could wrongly enter a divided highway, Additionally, the FHWA revises the supported the changes, the Connecticut one-way roadway, or ramp, and depiction of the optional Keep Right DOT suggested an editorial change to includes a reference to Figure 2B–10 signs on the medians in Figures 2B–14 clarify the new figure, and Caltrans (numbered Figure 2B–8 in the NPA). and 2B–15 to show them at a 45 degree opposed the number of signs required The FHWA received one comment from angle facing the road users on the cross for concurrent-flow HOV lanes. The the City of Tucson, Arizona, supporting street, to make it easier for drivers to FHWA revises the number of signs the overall changes to this section, and determine the location of the median required for concurrent-flow HOV lanes the FHWA adopts these changes. nose and to enter the proper roadway of to be more consistent with the practice Additionally, the FHWA renumbers a divided highway. The FHWA received of some leading States with HOV lanes. and retitles Figure 2B–2 (as numbered three comments from ATSSA and Also, the FHWA makes editorial in the 2000 MUTCD) from ‘‘Typical private citizens in support of these revisions to and reorganizes the section Wrong-Way Signing for a Divided changes. The FHWA adopts the changes to add clarity to differentiate between Highway’’ to ‘‘Figure 2B–10 Example of to these figures. specific situations of barrier-separated, Wrong-Way Signing for a Divided 49. In Section 2B.40 Design of buffer-separated, concurrent flow, and Highway with a Median Width of 9 m Parking, Standing, and Stopping Signs direct access ramps as they relate to (30 ft) or Greater’’ (numbered Figure 2B– (numbered Section 2B.35 in the NPA), Preferential Only Lane signing, to 8 in the NPA). The FHWA received two the FHWA adds to the GUIDANCE address comments on this and other comments from private citizens in statement that where special parking related sections from agencies that general support of the changes to this restrictions are imposed during heavy operate HOV facilities, suggesting that figure, and the FHWA adopts the snowfall, Snow Emergency signs should the many provisions of this section were changes. be installed and that the legend will not consistent with other provisions of 47. In Section 2B.36 Selective vary according to the regulations, but the MUTCD and the section needed Exclusion Signs (numbered Section the signs should be vertical rectangles, clarification and consistency. 2B.31 in the NPA), the FHWA changes having a white background with the The FHWA establishes a 10-year item H in the SUPPORT statement from upper part of the plate a red phase-in target compliance date from ‘‘Hazardous Cargo’’ to ‘‘Hazardous background. Signs of this type are used the effective date of this final rule for Material’’ to reflect the changes in by many jurisdictions. The FHWA existing signs in good condition to Section 2B.52 Hazardous Material Signs received two comments from the minimize any impact on State or local (R14–2, R14–3). The FHWA received NCUTCD and the City of Tucson, governments. two comments from ATSSA and the Arizona, in support of this change, and 45. In Section 2B.33 Keep Right and City of Tucson, Arizona, in support of adopts this change. In addition, the Keep Left Signs (R4–7, R4–8) (numbered this change, and adopts this change. The FHWA adds a paragraph at the end of Section 2B.28 in the NPA), the FHWA FHWA received additional editorial the GUIDANCE statement regarding the adds to the first OPTION statement that comments to provide consistency with use of the VAN ACCESSIBLE (R7–8a) the Keep Left (R4–8) sign may be used other areas of the MUTCD, and the plaque. A final rule adding this at locations where it is necessary for FHWA incorporates the comments in information to the 1988 edition of the traffic to pass only to the left of a this final rule. MUTCD was adopted in 1998, however roadway feature or obstruction. 48. In Section 2B.37 ONE WAY Signs this was inadvertently left out of the The FHWA adds to the GUIDANCE (R6–1, R6–2) (numbered Section 2B.32 2000 MUTCD. statement to clarify that the Keep Right in the NPA), the FHWA relocates four 50. In Section 2B.44 Pedestrian sign should be mounted on the face of, figures from Section 2A.16 to this Crossing Signs (R9–2, R9–3) (numbered or just in front of, a pier or other section. The FHWA renumbers and Section 2B.39 in the NPA), the FHWA

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modifies the second OPTION statement FHWA adopts the change, as proposed Kennewick, Washington, opposing it. by changing ‘‘PEDESTRIANS in the NPA, in this final rule. Kennewick, Washington, opposed this PROHIBITED’’ to ‘‘NO PEDESTRIAN Additionally, the FHWA revises and new sign, because the State of CROSSING’’ as the proper word relocates the third OPTION statement Washington allows the turn on red message sign to be used as an alternate (from the 2000 MUTCD) to follow the arrow after stop in certain instances, to the No Pedestrian Crossing (R9–3a) second STANDARD statement to unless otherwise prohibited by signs. symbol sign. ‘‘NO PEDESTRIAN indicate that a symbolic NO TURN ON The FHWA is in favor of maintaining CROSSING’’ is the intended meaning of RED (R10–11) sign may be used as an consistency with the majority of the the symbol and more clearly describes alternate to the R10–11a and R10–11b other States who already have laws that the actual restriction of pedestrian signs. The symbolic sign has a symbolic agree with this meaning of the red movement. The FHWA received red ball rather than using the ‘‘No Right arrow. comments from the Association of Turn’’ symbol, to avoid confusion with The NCUTCD opposed this new Pedestrian and Bicycle Professionals the R3–1 (No Right Turn) sign. paragraph as well as the signs, stating and the City of Tucson, Arizona, In Figure 2B–19 Traffic Signal Signs that it is ‘‘inappropriate.’’ Without specifically in support of this change, (numbered Figure 2B–18 in the NPA), additional explanation, the FHWA and adopts this change. the FHWA received several comments cannot respond to this comment. The FHWA also received comments regarding the illustration of ‘‘No Right Caltrans opposed the new sign from the Florida DOT and the City of Turn on Red’’ signs. ATSSA and a suggesting that where turns on red are traffic engineering consultant agreed Tucson, Arizona, suggesting that the permitted after stopping and the signal with the return of the R10–11 sign and section does not mention signalized indication is a RED ARROW, that the removal of the R10–11c and R10– crossings. These comments are outside changing the signal indication from a 11d signs. The Cities of Plano, Texas, the scope of this rulemaking and would RED ARROW to a Red Ball would be and Los Angeles, California, and some need to be addressed in a future more appropriate than fixing the private citizens were opposed to the rulemaking. situation with a sign. The FHWA agrees removal of the R10–11c and R10–11d 51. In Section 2B.45 Traffic Signal that while there may not be many places signs, stating that the use of symbol Signs (R10–1 through R10–21) where the R10–17a sign is needed, there signs should be encouraged over word are intersections with unusual (numbered and titled ‘‘Section 2B.40 signs. The FHWA disagrees with the Traffic Signal Signs (R10–1 through opposing commenters because the use geometrics or special lane use control R10–13)’’ in the 2000 MUTCD), the of the No Right Turn symbol sign for which an all-arrow right-turn signal FHWA revises the title to reflect should be reserved for actual head makes sense and from which there additional traffic signal signs. These prohibition of all right turn movements is no reason that turns on red should be signs are shown in Figures 2B–18 and at an intersection to have the prohibited. It is primarily for these 2B–19. appropriate impact on safety. Extensive situations that the R10–17a sign should The FHWA adds to the second use of a No Right Turn on Red sign be used. The FHWA adopts use of this OPTION statement that the R10–3d sign featuring the No Right Turn symbol sign in this final rule, with minor may be used if the pedestrian clearance would degrade the influence of the R3– modifications. time is sufficient only for the pedestrian 1 sign. The City of Los Angeles and a Additionally, the FHWA relocates the to cross to the median. This sign is private citizen suggested different last item in the second GUIDANCE similar to the existing R10–3b sign designs for the sign. The FHWA statement to the first paragraph under except that next to the WALK symbol is disagrees with these different designs the third OPTION statement (new fourth the message ‘‘START CROSSING TO because they are too complex. The OPTION statement) and changes it to MEDIAN WATCH FOR VEHICLES.’’ FHWA adopts the R10–11 sign with a read that when right turn on red after The FHWA also modifies Figure 2B–18 red ball symbol included on the bottom stop is permitted and pedestrian (numbered Figure 2B–17 in the NPA) to line of the sign. The FHWA also revises crosswalks are marked, the TURNING add illustrations of the R10–3d sign and the sign number for R10–20b to be R10– TRAFFIC MUST YIELD TO the R10–3e sign. The R10–3e sign is a 20a, and places the word ‘‘or’’ between PEDESTRIANS (R10–15) sign may be variant incorporating ‘‘time remaining the two R10–20a signs to clarify that the used. This change is necessary to to finish crossing’’ and is consistent signs illustrate two examples of prevent potential overuse and a reduced with countdown pedestrian signals as different word messages that can be effectiveness of the sign. The FHWA adopted in Part 4. The FHWA received used to provide times and days. received two comments from ATSSA one comment from the City of Tucson, Additionally, the FHWA adds to the and a traffic engineering consultant in Arizona, in support of this change and second GUIDANCE statement to support of this change. The U.S. Access one question from the U.S. Access indicate that where turns on red after Board opposed, stating that the use of Board regarding how this information the driver stops are permitted and the the sign should not be restricted to just would be given in audible and turn signal indication is a RED ARROW, marked crosswalks. The traffic vibrotactile formats. The Access Board the RIGHT (LEFT) ON RED ARROW engineering consultant who supported stated that, if accessible signals are used AFTER STOP (R10–17a) sign should be the change also suggested that the sign at an intersection where pedestrians installed adjacent to the RED ARROW would also be useful during the green should cross only to a median and then signal indication to conform to the interval to remind drivers to yield to wait until a different phase to complete ‘‘Uniform Vehicle Code and Model pedestrians who are crossing during the their crossing, it would be important for Traffic Ordinance’’ (UVC) as revised. concurrent WALK interval. The FHWA the accessible devices to communicate The revised UVC prohibits turns on a agrees and adds a paragraph to the this fact to the pedestrian with visual RED ARROW after stopping unless a OPTION stating that a TURNING disabilities. This comment actually sign specifically allowing the turn is in TRAFFIC MUST YIELD TO pertains to Chapter 4E Pedestrian place. The FHWA received one PEDESTRIANS sign may be used to Signals, and it goes beyond the scope of comment from ATSSA in support of this remind drivers who are making turns to this rulemaking and would need to be change, and three comments from the yield to pedestrians, especially at addressed in a future rulemaking. The NCUTCD, Caltrans and the City of intersections where crosswalks are

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marked and right turn on red is In the NPA, the FHWA proposed traffic laws, just speed limits and red permitted. adding to the STANDARD statement the lights. The Insurance Institute of In the NPA, the FHWA proposed to requirement to use a ‘‘U Turn Yield to Highway Safety also suggested that add a paragraph to the OPTION Right Turn’’ sign when U-turns on a rather than the general PHOTO statement allowing the use of green arrow signal conflict with right ENFORCED regulatory sign, specific supplemental plaques showing times of turns on a green arrow signal. While regulatory signs should be developed for day or with the legend WHEN there were comments from the City of both red light cameras and automated PEDESTRIANS ARE PRESENT below a Tucson, Arizona, and a traffic speed enforcement. The FHWA NO TURN ON RED sign, to allow the engineering consultant in support of disagrees because the consistent flexibility to restrict turns on red only this change, the FHWA received placement of the PHOTO ENFORCED during certain times or when a comments from the NCUTCD, Caltrans, sign should provide adequate notice and pedestrian conflict is present. The traffic and the City of Kennewick, Washington, should have the desired effect on driver engineering consultant also supported opposed it, stating that the sign would behavior. the use of both of the suggested plaques. not be understood, or was The Wisconsin DOT noted that not all The Insurance Institute for Highway inappropriate. The FHWA concurs that States allow the use of photo Safety presented results from recent there is some possibility of enforcement. Because use of these signs field research indicating that time-of- misunderstanding. Because there is no is optional, States that do not use day restrictions are effective in reducing data to support or refute these concerns, photographic enforcement will not need right turn on red related safety threats the FHWA changes this to an OPTION to use these signs. to pedestrians but the WHEN statement, allowing the use of the sign The FHWA adopts this section in its PEDESTRIANS ARE PRESENT plaque is but not requiring it. The FHWA also entirety, as proposed in the NPA, in this not because its vague message makes modifies Sections 4D.05 Application of final rule. The FHWA establishes a enforcement difficult.13 Based on this Steady Signal Indications and 4D.09 phase-in target compliance date of 10 research, the FHWA revises the text to Unexpected Conflicts During Green or years from the effective date of this final deletes the WHEN PEDESTRIANS ARE Yellow Intervals accordingly. rule for existing signs of different PRESENT plaque. Because it is a word 52. The FHWA adds a new section designs that are in good condition to message, State and local highway numbered and titled, ‘‘Section 2B.46 minimize any impact on State or local agencies may still use the WHEN Photo Enforced Signs (R10–18, R10– governments. 53. In Section 2B.52 Hazardous PEDESTRIANS ARE PRESENT plaque 19)’’ (numbered Section 2B.51 in the Material Signs (R14–2, R14–3) prohibiting right turns on red when NPA.) This new section provides (numbered and titled ‘‘Section 2B.46 pedestrians are present if their laws so guidance to State and local agencies on Hazardous Cargo Signs (R14–2, R14–3)’’ dictate, but they are not encouraged to the use of the photo enforcement signs in the 2000 MUTCD), the FHWA do so because research has shown these to alert road users of this type of traffic changes the title and revises the plaques are ineffective. Finally, to enforcement. The FHWA includes an OPTION statement with two paragraphs. OPTION and GUIDANCE statements to respond to a comment from a traffic replace ‘‘cargo’’ with the word engineering consultant, the FHWA The first paragraph states that a TRAFFIC LAWS PHOTO ENFORCED ‘‘material’’ and revises the symbol for moves the last paragraph of this the Hazardous Material sign (R14–3) OPTION statement regarding the use of (R10–18) sign may be installed at a jurisdictional boundary to advise road sign to be HM rather than HC, to Traffic Signal Speed signs to the end of users that some of the traffic regulations correspond with Section 2B.36 Selective the second OPTION statement because within that jurisdiction are being Exclusion Signs and to reflect the this paragraph relates more to the enforced by photographic equipment. change in terminology in the industry. information provided in the second The second paragraph states that a The FHWA received three comments OPTION. PHOTO ENFORCED (R10–19) sign may from ATSSA, the City of Tucson, The FHWA proposed in the NPA to be mounted below a regulatory sign to Arizona, and a private citizen in support add to the third STANDARD statement advise road users that the regulation is of these changes, and three comments that the EMERGENCY SIGNAL—STOP being enforced by photographic from private citizens suggesting changes WHEN FLASHING RED (R10–14) sign equipment. to the design of the R14–3 sign, shall be used in conjunction with Additionally, the FHWA includes a particularly changes in the color of the emergency beacons to correspond with STANDARD statement, which states circle around the letters. The FHWA proposed changes in Part 4 of the that if the PHOTO ENFORCED (R10–19) adopts the sign design as proposed in MUTCD, which proposed to require the sign is used below a regulatory sign, it the NPA. The FHWA revises the phase- use of these signs with Emergency shall be a rectangle with black legend in target compliance date to 10 years Beacons. Due to extensive comments in and border on a white background. from the effective date of this final rule opposition to the Emergency Beacon in The FHWA received three comments (the NPA proposed five years) for Part 4, the FHWA does not adopt these from the NCUTCD, ATSSA and the City existing signs in good condition to changes in Part 4. (See the discussion of of Tucson, Arizona, in support of this minimize any impact on State or local Section 4F.03). Therefore, the FHWA new section and two comments from the governments. removes the R10–14 sign, associated Wisconsin DOT and the Insurance 54. In Section 2B.54 Other Regulatory text, and illustration from Part 2. Institute of Highway Safety opposed to Signs (numbered Section 2B.51 in the it. 2000 MUTCD), the FHWA proposed to 13 ‘‘Field Evaluation of Two Methods for The Insurance Institute of Highway revise the STANDARD statement to Restricting Right Turn on Red to Promote Pedestrian Safety,’’ by Retting, Nitzburg, Farmer, Safety stated that placing the TRAFFIC indicate that the symbol for the seat belt and Knoblauch, for the Insurance Institute for LAWS PHOTO ENFORCED sign at symbol is in the ‘‘Standard Highway Highway Safety, was published in the January 2002 jurisdictional boundaries is vague with Signs’’ book. The FHWA received one issue of the ‘‘ITE Journal,’’ a publication of the regard to which traffic laws (speed, red comment from the City of Tucson, Institute of Transportation Engineers (ITE). Information on obtaining a copy of this publication light) are photo enforced. The FHWA Arizona, in support of this change. is available from ITE at the following URL: disagrees because this sign can be a However, consistent with FHWA’s http://www.ite.org. useful reminder to drivers to obey all desire to include illustrations of all

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signs from the SHS that are referenced responds to two comments from the columns (as shown in the 2000 MUTCD) in the MUTCD, as discussed above, the NCUTCD and the Illinois DOT. and labels them ‘‘Condition B’’. The FHWA retains the symbol for the seat The FHWA changes Table 2C–2 to FHWA also adds columns for 90, 100, belt symbol, and places it in a new add sizes for the Expressways W1 Series and 110 km/h and 60 and 70 mph for Figure 2B–22. Arrows signs, the Expressways and the deceleration to the listed advisory 55. In Section 2C.02 Application of Freeways W7 Series Truck Runaway speed and rows for 70 and 75 mph for Warning Signs, the FHWA modifies the signs, the Expressways and Freeways the Posted or 85th Percentile Speed. SUPPORT statement to reflect that W12–2P Low Clearance signs, and to Finally, the FHWA revises the Notes to ‘‘categories’’ not ‘‘applications’’ of increase the sizes for all roadways reflect the other changes taking place warning signs are shown in Table 2C– except Freeways for the W10–1 throughout the MUTCD. These changes 1. This change makes the text and Table Advance Grade Crossing sign, to to Table 2C–4 reflect the needs of older 2C–1 consistent. enhance visibility of this sign for all road users and improve the clarity of the Additionally, the FHWA changes the road users, including older drivers. The Notes. The FHWA received two title of Table 2C–1 from ‘‘Application of FHWA received one comment from the comments from the NCUTCD and Warning Signs’’ to ‘‘Categories of NCUTCD in overall agreement with the ATSSA in support of the changes. There Warning Signs’’ and adds new roadway changes to the table. The Oregon DOT were three comments from the Nevada, suggested that the size for the W1 series Wisconsin, and Oregon DOTs opposed related and traffic related signs and ″ ″ supplemental plaques to the table based signs be 900 x 900 mm (36 x 36 ) for to these changes, suggesting that the on changes in other sections of Chapter conventional roads because these sign placement distances were either too 2C. The change in the title of the table curvature signs are very important. The long, or too short. Advanced placement better reflects the actual content of the FHWA agrees that these signs are distances have significantly decreased important, but these signs are in the 750 based on the 2001 AASHTO Policy, and table. There was one comment from the ″ ″ City of Tucson, Arizona, in agreement x 750 mm (30 x 30 ) category because the MUTCD reflects these changes. To with the overall changes in this section. they are symbol signs that can be address comments about this table the One traffic engineering consultant recognized from a greater distance than FHWA removes the word ‘‘minimum’’ questioned why the Railroad Advance words can be read. from footnote 5 in both sheets of the The FHWA adopts the changes to Warning sign is not listed in the table. table, and removes the metric units from Table 2C–2 as proposed in the NPA and This table only includes those signs that the notes on the English units table, and adds the W1 Combination series signs to are found in Chapter 2C, not those vice versa. the Diamond shaped category in this 59. In Section 2C.06, Horizontal found in other parts such as Part 8. The final rule. The FHWA establishes a Alignment Signs (W1–1 through W1–5, MUTCD has separate sign tables in other phase-in target compliance date of 10 W1–11, W1–15) (titled ‘‘Horizontal Parts as appropriate. Another traffic years from the effective date of this final Alignment Signs (W1–1 through W1–5)’’ engineering consultant questioned why rule for existing signs in good condition in the 2000 MUTCD), the FHWA revises W16–8, W14–1p, and W14–2p are to minimize any impact on State or local the section title to reflect the new identified as plaques. The W16–8 governments. Hairpin Curve (W1–11) sign and the 270 plaque must be used in combination 58. In Section 2C.05 Placement of Degree Loop (W1–15) sign. with a W2 or W3 sign according to Warning Signs, the FHWA changes the In the first OPTION statement, the Section 2C.49 Advance Street Name STANDARD statement to a SUPPORT FHWA adds the use of the Hairpin Plaque (W16–8, W16–8a), and thus is statement, to respond to a comment Curve sign and the 270 Degree Loop correctly referred to as a plaque. from the City of Tucson, Arizona, sign based on the change in horizontal Because the W14–1P and W14–2P suggesting that using the phrase alignment. These new signs better plaques can be used alone according to ‘‘general requirements’’ in a portray the severe curvature for these Section 2C.21 DEAD END/NO OUTLET STANDARD statement was not clear. types of alignment changes. The FHWA Signs (14–1, W14–1a, W14–2, W14–2a), The FHWA agrees and revises the received three comments from the the FHWA revises the table to remove wording to reference Sections 2A.16 to NCUTCD, ATSSA, and the City of the ‘‘P’’ designation from these two 2A.21 for information on placement of Tucson, Arizona, supporting the signs, and the rectangular forms of these warning signs. addition of these new signs, and adopts signs are designated the W14–1a and The FHWA changes Table 2C–4 so the OPTION statement regarding these W14–2a signs. that the distances for the placement of signs. 56. In Section 2C.03 Design of advance warning signs correspond to The FHWA also adds to the Warning Signs, based on an editorial the values in the 2001 AASHTO ‘‘A GUIDANCE statement a comment from a traffic engineering Policy on Geometric Design of Highway recommendation to install a One- consultant, the FHWA adds and Streets’’ 14 book and to make the Direction Large Arrow (W1–6) sign or playgrounds to the listing of signs in the table easier to use. The FHWA combines Chevron Alignment (W1–8) sign on the OPTION statement that may have a the ‘‘Condition B’’ and ‘‘Condition C’’ outside of a turn or curve when the black legend and border on a yellow Hairpin Curve sign or 270-Degree Loop background or a black legend and 14 ‘‘A Policy on Geometric Design of Highways sign is installed. This provides for border on a fluorescent yellow-green and Streets,’’ 4th Edition, 2001, in both hardcopy enhanced warning to road users of the and CD–ROM, is available from the American background. Association of State Highway and Transportation severe alignment change and may help 57. In Section 2C.04 Size of Warning Officials (AASHTO) by telephone (800) 231–3475, reduce run-off-the-road crashes. Signs, the FHWA removes the facsimile (800) 525–5562, mail AASHTO, P.O. Box In the NPA, the FHWA proposed to SUPPORT statement referencing the 96716, Washington, DC 20090–6716, or at its Web add a second GUIDANCE statement site http://www.transportation.org and click on ‘‘Standard Highway Signs’’ book Bookstore. This document is a guide, based on following the STANDARD statement. because this statement is general and established practices and supplemented by This proposed GUIDANCE applies to regulatory, warning, and research, to provide guidance to the highway recommended that the need for designer to provide for the needs of highway users guide signs. A similar statement is while maintaining the integrity of the environment. additional curve warning signs or included in Section 2A.12 Dimensions. It is incorporated by reference into the CFR at 23 advisory speed reduction warning The removal of this SUPPORT statement CFR 625.4. plaques be based on an engineering

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study or on engineering judgment. The the City of Tucson, Arizona, and a most effective in warning truckers of the FHWA received one comment from the private citizen in support of the condition.15 The FHWA received four NCUTCD suggesting that this statement changes, several commenters from the comments from the NCUTCD, ATSSA, was redundant. The FHWA agrees with NCUTCD, the Washington and the City of Tucson, Arizona, and a this comment because traffic engineers Wisconsin DOTs, and the Product and private citizen in support of this change, consider the need for additional Highway Safety Institute expressed and four comments from the Oregon and warning signs for curves or turns using concern. Wisconsin DOTs and a private citizen engineering judgment or studies as part The NCUTCD Regulatory and suggesting that the sign design be of common practice. The FHWA Warning Sign Technical Committee revised for clarity. As a result, the withdraws this proposal, and deletes recommended deleting this section and FHWA adds a SUPPORT statement this GUIDANCE from this final rule. the associated sign images on Figure clarifying that the curved arrow on the The FHWA adds an OPTION 2C–1 because of a lack of consensus in sign shows the direction of the roadway statement at the end of the section that the profession on the proper application curvature, and that the truck tips in the provides a method that may be used to of these signs. The NCUTCD offered to opposite direction. In the NPA, the determine the need for additional speed review applications and develop a FHWA proposed two versions of the reduction warning signs. The FHWA recommendation for future sign. Several commenters from State includes these optional criteria for consideration. As a result of the DOTs opposed the W1–13a determining the need for additional comments received, the FHWA Combination sign, stating that there was recommended speed reduction signs to withdraws these proposed revisions and too much information on the sign for the mitigate the high number of run-off-the- Figure 2C–2. However, in order to motorist to understand. Based on these road crashes along curves and ramps. distinguish between the combination comments, the FHWA removes the W1– Similar to their comments in Section curve signs, the FHWA retains the 13a Combination sign from this final 2C.36 Advisory Exit, Ramp, and Curve revised sign codes of W1–1a and W1– rule. The FHWA establishes a phase-in Speed Signs (W13–2, W13–3, W13–5), 2a instead of W1–9. The FHWA also target compliance date of 10 years from the NCUTCD Regulatory and Warning renumbers subsequent figures (as the effective date of this final rule for Sign Technical Committee, Caltrans and numbered in the NPA). After the existing signs in good condition to the City of Kennewick, Washington, NCUTCD has reviewed existing minimize any impact on State or local suggested deleting this statement as well applications of this type of signing governments. as other statements in this section (which exist in only a few States) and 63. In Section 2C.12 Hill Signs (W7– referring to the Curve Speed sign. Those makes further recommendations on 1, W7–1a, W7–1b) (numbered Section opposed cited their disagreement with application and placement issues, the 2C.11 in the NPA), the FHWA adds to the whole concept of the Curve Speed FHWA may consider changes to this the GUIDANCE statement to clarify that sign and the lack of criteria for its use. section in a future rulemaking. on longer grades, the Hill sign with The FHWA believes this is a helpful 61. In Section 2C.10 Chevron distance (W7–3a) plaque or the sign to remind drivers of the advisory Alignment Sign (W1–8), the FHWA combination distance/grade (W7–3b) speed that should be added for optional adds to the STANDARD statement that plaque at periodic intervals of use. Most curves are very well outlined a border shall not be used on the approximately 1.6 km (1 mi) spacing with delineators or chevron signs. Chevron Alignment sign. This change should be considered. This change However, because crashes are still corrects an error in the 2000 MUTCD. clarifies that the plaques should not be occurring, the FHWA believes that this The FHWA adopts this change. used alone but should supplement the sign could be used to advantage to The FHWA received one comment Hill sign. The FHWA received one remind drivers of the recommended from the NCUTCD suggesting that the comment from the City of Tucson, reduction in speed as they proceed second OPTION statement be revised to Arizona, in support of this change, and along the curve or ramp. The FHWA state that multiple Chevron Alignment adopts this change. includes this statement, as well as other signs may be used on the far side of a 64. In Section 2C.13 Truck Escape references to the Curve Speed sign in T-intersection to inform drivers of a Ramp Signs (W7–4 Series) (numbered this final rule. change of horizontal alignment. The Section 2C.12 in the NPA), the FHWA Additionally, the FHWA adds metric FHWA disagrees because a Two- adds to the STANDARD statement to information to Table 2C–5 to show the Direction Large Arrow sign (W1–7) may indicate that at least one of the W7–4 metric speed value of less than or equal be used instead. Chevron signs should series warning signs shall be used when to 50 km/h along with the English unit be limited to use for curves only. truck escape ramps are installed. This of less than or equal to 30 mph and Changes to this statement may be change clarifies that additional warning shows the metric speed value of greater appropriate for a future rulemaking. signs may be used as conditions than 50 km/h along with the English 62. The FHWA adds a new section warrant. The FHWA received one unit of greater than 30 mph. The metric numbered and titled, ‘‘Section 2C.11 comment from the City of Tucson, values were inadvertently omitted from Truck Rollover Warning Signs (W1– Arizona, in support of this change, and the 2000 MUTCD. 13).’’ This section was numbered adopts this change. The FHWA also 60. In Section 2C.07 Combination Section 2C.54 in the NPA. This new adds an illustration of the regulatory Horizontal Alignment/Advisory Speed section includes OPTION and RUNAWAY VEHICLES ONLY (R4–10) Signs (W1–1a, W1–2a) (titled STANDARD statements on the use of sign on Figure 2B–8 (numbered Figure ‘‘Combination Horizontal Alignment/ the Truck Rollover warning sign to warn 2B–6 in the NPA) in this final rule. Advisory Speed Sign (W1–9)’’ in the drivers of vehicles with a high center of 2000 MUTCD), the NPA included gravity of a curve or turn having 15 ‘‘Ramp Signing for Trucks,’’ by the Center for several proposed revisions to this geometric conditions that are prone to Applied Research, Inc., December 20, 1989, a section and the addition of Figure 2C– cause such vehicles to lose control and research project conducted for the Federal Highway 2 to provide for enhanced uniformity of overturn. This new section provides for Administration (FHWA) under contract number DTFH61–88-C–00048, is available from FHWA application of these types of signs and uniform design and application of signs Turner-Fairbank Highway Research Center, 6300 improved safety on curves and turns. for this purpose, using the Pennsylvania Georgetown Pike, McLean, Virginia 22101, Web site While there were two comments from sign design that research found to be http://www.tfhrc.gov.

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65. The FHWA adds a new section from the NCUTCD, the Arizona and 69. In Section 2C.21 DEAD END/NO numbered and titled, ‘‘Section 2C.14 Minnesota DOTs, Caltrans, and private OUTLET Signs (W14–1, W14–1a, W14– HILL BLOCKS VIEW Sign (W7–6).’’ citizens opposing this change, stating 2, W14–2a) (numbered Section 2C.19 in This section was numbered Section that the symbolic sign is unsuitable for the NPA), the FHWA combines Section 2C.50 in the NPA. This section includes the Road Narrows message due to its 2C.40 DEAD END/NO OUTLET Plaques an OPTION statement on the use of the depiction of a relatively short distance as numbered in the NPA with this HILL BLOCKS VIEW sign in advance of of narrow roadway, which may not section because the FHWA redesignates the crest of a vertical curve to advise agree with all narrow roadway these plaques as signs. The FHWA road users to reduce speed as they situations. The FHWA agrees and modifies the STANDARD statement to approach and traverse the hill as only deletes the W5–1a sign (designated W5– clarify that when the W14–1 or W14–2 limited sight distance is available. The 2a in the 2000 MUTCD) and associated sign is used, the sign shall be posted as FHWA adds this sign because it is in OPTION statement as proposed in the near as practical to the entry point or at use, fulfills an important need, and has NPA, and adopts only the word message a sufficient advance distance to permit been found by older driver research 16 to ROAD NARROWS (W5–1) sign in this the road user to avoid the dead end or be well understood by road users. The final rule. no outlet condition by turning off, if FHWA received two comments from the 67. In Section 2C.16 NARROW possible, at the nearest intersecting City of Tucson, Arizona, and a traffic BRIDGE Sign (W5–2) (numbered Section street. This change gives additional engineering consultant in support of 2C.14 in the NPA), the FHWA removes flexibility to jurisdictions when posting this new section and the HILL BLOCKS the reference to the Narrow Bridge the sign at the exact entry point is not VIEW sign, and seven comments from symbol (W5–2b in the NPA, W5–2a in practical due to obstructions or other the NCUTCD, the Kansas, Minnesota, the 2000 MUTCD) sign from the factors. The FHWA received one and Arizona DOTs, as well as Pierce OPTION statement. This change was comment from the City of Tucson, County, Washington, and a private proposed in the NPA to reflect the Arizona, in support of this change, and citizen questioning its effectiveness. proposed change of the Narrow Bridge incorporates this change. Two commenters representing the symbol (W5–2b) sign to the Road The FHWA also received a comment Kansas DOT suggested that the side- Narrows symbol (W5–1a) sign. The from a traffic engineering consultant road/cross-road warning signs, with the FHWA received comments from the suggesting restoration of text from the appropriate advisory speed, are more NCUTCD, the Ohio DOT, and the City 1988 MUTCD, that was removed in the informative to the driver. Because this of Tucson, Arizona, in support of this 2000 MUTCD, restricting the use of the sign may be needed to warn of limited change, while the Florida DOT and W14–1P and W14–2P plaques in lieu of view over a hillcrest where side roads Caltrans opposed it. The Florida DOT the W14–1 and W14–2 signs where and cross roads are not present, the felt that replacing a symbol sign with a traffic can proceed straight through the FHWA includes this section and the word message sign is an exception to intersection into the dead end street. HILL BLOCKS VIEW sign in this final the international movement toward a The FHWA agrees that this is necessary rule. Because this is an OPTION, some more symbolic sign vocabulary. Caltrans to adequately warn road users and State and local DOTs may choose to use indicated that the symbolic graphic includes this text as a separate this sign, and others may not. provides more information than the text paragraph in the STANDARD statement Additionally, the FHWA includes a sign because it indicates a temporary in this final rule. GUIDANCE statement, indicating that short constriction in the roadway with 70. In Section 2C.22 Low Clearance Signs (W12–2 and W12–2) (numbered when a HILL BLOCKS VIEW sign is the road widening back to normal after Section 2C.20 in the NPA), the FHWA used, an Advisory Speed plaque based the constriction. Based on comments clarifies the STANDARD statement by on available stopping sight distance (see discussion regarding Section 2C.15 removing the words ‘‘or minimum should accompany it. The FHWA ROAD NARROWS Sign (W5–1)), the structure height.’’ This change clarifies includes the plaque because road users FHWA deletes the symbol sign in this the proper application of Low Clearance should be advised of the recommended final rule, because it’s meaning is not signs. The FHWA received two speed for traversing the hillcrest. clear. The FHWA establishes a phase-in comments from the NCUTCD and the 66. In Section 2C.15 ROAD target compliance date of 10 years from City of Tucson, Arizona, in support of NARROWS Sign (W5–1) (numbered the effective date of this final rule for this change, and incorporates the Section 2C.13 in the NPA), the FHWA replacing existing Narrow Bridge change. included a proposal in NPA to symbol signs in good condition with the word message signs to minimize any Additionally, the FHWA clarifies the renumber and retitle the Narrow Bridge GUIDANCE statement by changing the (W5–2a) sign as a new symbolic Road impact on State or local governments. 68. In Section 2C.19 Divided Highway phrase ‘‘legal limit’’ to ‘‘legal maximum Narrows (W5–1a) sign. The FHWA (Road) Ends Sign (W6–2) (numbered vehicle height’’ to reflect more precisely proposed these changes because it felt Section 2C.17 in the NPA), the FHWA the proper dimension. The FHWA that the road user’s understanding of the modifies the GUIDANCE statement to received two comments from the symbol is not exclusively as ‘‘narrow clarify that a Divided Highway Ends NCUTCD and the City of Tucson, bridge ahead,’’ but rather as symbolic of (W6–2) symbol sign should be used in Arizona, in support of this change, and any narrowing of the road, such as the advance of the end of a section of one from the Virginia DOT opposed to presence of curb bulb-outs or chicanes. physically divided highway (not an it. The Virginia DOT stated that the text The FHWA received five comments intersection or junction) as a warning of in this section differs from the text in two-way traffic ahead. The reason for Section 8B.17 Low Ground Clearance 16 Information about this research is summarized on pages 235 and 236 of the ‘‘Highway Design this change is that the warning sign Highway-Rail Grade Crossing Sign Handbook for Older Drivers and Pedestrians,’’ should be placed in advance of, rather (W10–13) (numbered Section 8B.16 in Report number FHWA–RD–01–103, published by than at, the start of the divided highway the NPA), where there is no mention of the FHWA Office of Safety Research and section. The FHWA received two using distance plaques, and suggests Development, 2001. It is available for purchase from The National Technical Information Service, comments from the NCUTCD and the that the text in both sections should be Springfield, Virginia 22161, (703) 605–6000, and at City of Tucson, Arizona, supporting this the same, and that the GUIDANCE the following URL: http://www.ntis.gov. change and adopts this change. statement in this section be changed to

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an OPTION. The FHWA disagrees with SHOULDER and UNEVEN LANES Signs different wording for a standardized downgrading this paragraph to an (W8–4, W8–9, W8–9a, and W8–11)’’ in warning sign legend because that OPTION because drivers of high profile the NPA), the FHWA removes the decreases uniformity. The FHWA vehicles need this information where UNEVEN LANES (W8–11) sign from the adopts this new section in this final they can still execute a turning title and section text, as well as the first rule, but modifies the proposed maneuver and an OPTION would not be SUPPORT and STANDARD statements GUIDANCE to OPTION because there is appropriate. However, in response to to move temporary traffic control no research indicating that display of this comment, the FHWA adds a applications signs out of Chapter 2C to this sign message during warm weather distance plaque to the list of sign types respond to comments from the NCUTCD causes any safety or operational in Section 8B.17. and the Washington DOT. problem. However, some agencies feel it 71. In Section 2C.23 BUMP and DIP In the NPA, the FHWA proposed to is good practice to cover or not display Signs (W8–1, W8–2) (numbered Section add a STANDARD statement just before the message when it is not appropriate. 2C.21 in the NPA), the FHWA modifies the GUIDANCE statement requiring the The FHWA also moves this section to the second GUIDANCE statement to use of the SHOULDER DROP OFF (W8– follow Section 2C.25 SLIPPERY WHEN indicate that a short stretch of depressed 9a) sign when a shoulder drop-off, WET because this follows a more logical alignment that might momentarily hide adjacent to the travel lane, exceeds 75 order within the chapter. a vehicle should be treated as a no- mm (3 in) in depth and is not delineated 75. In Section 2C.29 Advance Traffic passing zone when centerline striping is by portable barriers. The FHWA Control Signs (W3–1, W3–2, W3–3, W3– provided on a two-lane or three-lane received two comments from the City of 4) (numbered Section 2C.26 in the road. The change replaces the word Tucson, Arizona, and the Motorcycle NPA), the FHWA received several ‘‘may’’ with ‘‘might’’ to avoid possible Safety Foundation in support of this informational and editorial comments confusion of this GUIDANCE statement new STANDARD, and three comments from State DOTs regarding the text in as an OPTION statement, and clarifies from the Illinois and Minnesota DOTs the OPTION statement about the use of that the use of a no-passing zone in this opposed to it. Those opposed expressed the BE PREPARED TO STOP sign. One situation only applies when centerline that the text should remain a comment from the Oregon DOT striping is provided on the road. The GUIDANCE because requiring the use of suggested that other legends be used for FHWA received two comments from the SHOULDER DROP OFF signs at all signs at intersection traffic control in NCUTCD and the City of Tucson, locations that meet the criteria would be order to preserve the BE PREPARED TO Arizona, in support of this change, and a considerable hardship on agencies to STOP signs for flagger applications. The adopts this change. properly identify all locations and sign FHWA believes that although the BE 72. In Section 2C.24 SPEED HUMP them at all times. The opposing PREPARED TO STOP sign is mentioned Sign (W17–1) (numbered Section 2C.22 commenters also stated that the public in Section 6F.29 Flagger Sign (W20–7a, in the NPA), the FHWA adds a sentence does not fully understand the W20–7) in conjunction with the Flagger to the OPTION statement to allow the differences between the LOW sign, it is not intended to be used only use of the legend SPEED BUMP instead SHOULDER and SHOULDER DROP for flagger applications. Because this is of the legend SPEED HUMP on the OFF signs, and suggested that the LOW an OPTION statement, States are not W17–1 sign. This provides additional SHOULDER sign be omitted. The FHWA required to use the BE PREARED TO flexibility to jurisdictions and reduces believes that jurisdictions need the STOP sign for non-flagger situations. sign inventory. The FHWA received two proper warning signs to sign accurately The FHWA also received two comments from the City of Tucson, for conditions where the drop off is comments from private citizens Arizona, and a traffic engineering greater than 75 mm (3 inches) and has suggesting shortening the message on consultant in support of this change, not yet been repaired. Accordingly, the the sign to PREPARE TO STOP for and one comment from the NCUTCD FHWA restores this statement to a conciseness and to allow use of a larger opposed to it. The NCUTCD stated that GUIDANCE and clarifies the use of the text font. The FHWA disagrees because speed humps and speed bumps are not SHOULDER DROP OFF sign. PREPARE TO STOP would imply that the same and are designed and applied 74. The FHWA adds a new section the condition that must be stopped for differently, and therefore should be numbered and titled, ‘‘Section 2C.28 is always present. signed accordingly. While the FHWA BRIDGE ICES BEFORE ROAD Sign The FHWA also clarifies that the agrees that speed humps and speed (W8–13).’’ (This section was numbered reference to a beacon in the second bumps are different, the FHWA believes Section 2C.52 in the NPA.) This new OPTION statement and the second that the general public does not readily section includes an OPTION statement GUIDANCE statement is a reference to perceive the difference in terminology on the use of the BRIDGE ICES BEFORE a warning beacon. This clarification is or design between speed humps and ROAD sign, which states that the sign necessary to be consistent with speed bumps. To allow jurisdictions to may be used in advance of bridges to prescribed use of warning beacons in use the terminology that will be best advise road users as they approach and Part 4 of the MUTCD. The FHWA understood locally and to minimize traverse the bridge during winter received one comment from the City of maintenance issues, the FHWA adopts weather conditions. The FHWA Tucson, Arizona, in support of these the OPTION statement as proposed in received four comments from the changes, and the FHWA incorporates the NPA in this final rule. To clarify the NCUTCD, ATSSA, and the City of these changes. intent, the FHWA adds a new SUPPORT Tucson, Arizona, in support of this 76. The FHWA adds a new section statement immediately following the change, and three comments from the numbered and titled, ‘‘Section 2C.30 OPTION that describes speed humps Kansas and Wisconsin DOTs as well as Speed Reduction Signs (W3–5, W3– and speed bumps and that, because the the City of Plano, Texas, opposed to it. 5a).’’ (This Section was numbered terminology is not well known by the The opposing commenters indicated Section 2C.51 in the NPA.) This new public, for signing purposes the terms that the sign either served no purpose, section includes a GUIDANCE are interchangeable. or that as an OPTION statement, States statement, which recommends using the 73. In Section 2C.26 SHOULDER may still choose to use different Speed Reduction signs to inform road Signs (W8–4, W8–9, and W8–9a) wording for the sign. The FHWA users of a reduced speed zone when (numbered and titled ‘‘Section 2C.24 believes that States should not use a engineering judgment indicates the need

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for advance notice to comply with the Advisory Speed Plaque, or the W13–2 Merge sign is to be installed on an posted speed limit ahead. These new and W13–3 Exit and Ramp Speed entering roadway that curves before warning signs replace the R2–5a, b, and advisory signs. Clear and unambiguous merging with the major roadway, the c signs because the intended message is advance warning of a reduced Entering Roadway Merge (W4–5) sign more properly categorized as a warning regulatory speed limit ahead is an should be used. This sign is message rather than regulatory message. extremely important message that recommended for this condition The FHWA received five comments warrants the use of the sign as proposed because it better portrays the actual from ATSSA, the City of Tucson, in the NPA. The FWHA adopts the geometric conditions to road users on Arizona, and a private citizen in support language for this section, as proposed in the entering roadway. The FHWA of this change, and fourteen comments the NPA. received three comments from the from several State and local DOTs To respond to comments regarding NCUTCD, ATSSA, and the City of opposed to the change. Those who the costs associated with this change, Tucson, Arizona, in support of this opposed the change indicated that the the FHWA revises the phase-in target change, and one comment from the compliance date to 15 years from the existing signs are more recognized by Minnesota DOT opposing it. The effective date of this final rule for drivers, and therefore have the desired Minnesota DOT indicated that drivers existing R2–5 signs in good condition to effect of reducing speeds where needed. will not understand the sign, and Although some of the opposing be changed to W3–5 or W3–5a signs, to suggested changing the W4–5 sign to an commenters, such as the NCUTCD and minimize any impact on State or local ‘‘ENTERING MERGE AREA’’ word sign. the Washington DOT, agreed that the governments. The FHWA disagrees and believes that sign should be classified as a warning The FHWA received several rather than a regulatory sign, many still comments from the Arizona DOT and this symbol sign would more accurately favored use of the existing signs for private citizens suggesting revisions to inform the drivers on the ramp that they economic reasons or indicated the design of the W3–5 and W3–5a signs must merge and adopts the change as disagreement with the design of the to make them more legible from longer proposed in the NPA. The FHWA proposed signs. distances. To address these comments, establishes a phase-in target compliance The FHWA disagrees with the use of the FHWA makes minor refinements to date of 10 years from the effective date an advisory speed plaque with a word the English unit version of the W3–5 of this final rule for existing signs in message ‘‘Reduced Speed Ahead’’ sign symbol sign to make the numerals 9 good condition to minimize any impact as was suggested by some commenters. inches high for the 36’’ x 36’’ sign and on State or local governments. This is an inappropriate use of an 12 inches high for the 48’’ x 48’’ sign, 78. In Section 2C.32 Added Lane advisory speed plaque and would only and adjusts the layout slightly. The Signs (W4–3, W4–6) (numbered Section serve to further confuse the motoring FHWA also deletes the metric alternate 2C.29 in the NPA), the FHWA changes public about what the difference is of the W3–5 symbol sign because the the title to reflect the addition of the between a (regulatory) speed limit and numerals on it would be too small. The new Entering Roadway Added Lane a (non-enforceable) advisory speed. The only allowable metric version of the (W4–6) sign (referred to as W4–3a in the sign proposed in the NPA is the most Speed Reduction Warning sign is to be NPA). In addition to the title change, the logical and the one that best serves the the metric word message W3–5a sign. FHWA adds to the GUIDANCE Additionally, the FHWA includes a public because it is consistent with statement, that when an Added Lane STANDARD statement, which requires other advance warning signs that warn sign is to be installed on a roadway that that a Speed Reduction Warning sign be of a specific regulation ahead, such as curves before converging with another followed by a Speed Limit (R2–1) sign the symbolic Stop Ahead and Yield roadway that has a tangent alignment at Ahead signs. The Canadian MUTCD 17 installed at the beginning of the zone where the speed limit applies and that the point of convergence, the Entering has incorporated a similar concept of Roadway Added Lane (W4–6) sign speed reduction signs for several the speed limit displayed on the Speed should be used. This sign is decades. The NCUTCD and the Missouri Reduction sign shall be identical to the recommended for this condition DOT felt that the proposed sign would speed limit displayed on the subsequent because it better portrays the actual be a maintenance burden on Speed Limit sign. This is needed to geometric conditions to road users on jurisdictions due to having to stock and provide for uniform application of these the entering roadway. The FHWA carry on sign maintenance vehicles signs. The Minnesota DOT opposed this multiple versions of the Speed new paragraph, indicating that Section received three comments from the Reduction sign with different numerical 2B.13 Speed Limit Sign (R2–1) already NCUTCD, ATSSA, and the City of speed values. In view of Canada’s long- states that an R2–1 sign is required. The Tucson, Arizona, in support of this standing use of this concept of speed FHWA disagrees because Section 2B.13 change, and one comment from the reduction sign, the FHWA believes that does not require that statutory speed Minnesota DOT opposed to it. The this has not proven to be an limits be posted, and this new Minnesota DOT stated that drivers unreasonable maintenance burden in paragraph is needed because it correctly would not understand the sign. The Canada, nor has it been an unreasonable limits the use of the Speed Reduction FHWA disagrees because the orientation problem for jurisdictions in the U.S. signs to only locations that are prior to of the symbol on the sign will better with other standard signs in the MUTCD ‘‘posted’’ speed limits. The FHWA convey to drivers on the ramp that they that provide for multiple speed values adopts this paragraph in this final rule. are about to flow into an added lane. or distance values, such as the R2–1 77. In Section 2C.31 Merge Signs Also, the FHWA notes that this sign has Speed Limit sign, the W12–2 Low (W4–1, W4–5) (numbered Section 2C.28 been used in the State of Washington for Clearance warning sign, the W13–1 in the NPA), the FHWA includes the the intended geometric conditions. The addition of the new Entering Roadway FHWA adopts the change, as proposed 17 Manual on Uniform Traffic Control Devices for Merge (W4–5) sign in the title (referred in the NPA, in this final rule. The Canada’’, 1998, and a December 2002 update, are to as W4–1a in the NPA). In addition to FHWA establishes a phase-in target available for purchase from the Transportation the title change, the FHWA adds a compliance date of 10 years from the Association of Canada, at the following URL: https://mediant.magma.ca/tacatc/bookstore/ recommendation to the GUIDANCE effective date of this final rule for bookstore.cfm click on ‘‘Traffic Control’’. statement, which states that when a existing signs in good condition to

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minimize any impact on State or local for several decades. A study in use of the sign is also illustrated, governments. Canada 19 found the Canadian symbol indicating that this revision should be 79. In Section 2C.33 Lane Ends Signs sign to be legible in the range of 70 to made to clarify the text. The most (W4–2, W9–1, W9–2) (numbered 200 meters, which is better legibility common use of the W6–3 sign is along Section 2C.30 in the NPA), the FHWA than most symbols. The FHWA adopts sections of two-lane, two-way roadways. changes the title of the section to reflect this design in this final rule because the In the specific case that is illustrated in the addition of the Lane Ends (W4–2) long-standing Canadian use of this sign Section 2B.37, the W6–3 sign is posted sign (referred to as the Lane Reduction indicates it is successful and because on the one-way street, in advance of sign in the NPA.) This symbol sign was having a uniform design between the where it changes to a two-way road. included in the 1988 edition of the U.S. and Canada will benefit cross- Therefore, the use of an AHEAD plaque MUTCD but in the 2000 Edition of the border travelers. Several State DOTs with the W6–3 sign is recommended to MUTCD it was deleted from Part 2 due suggested that the OPTION allowing enhance safety by minimizing possible to poor comprehension of the 1988 jurisdictions to modify the Lane Ends misinterpretation of the meaning of the symbol by road users. However, in Part sign to represent the actual road lane sign in that particular application. The 6 of the 2000 MUTCD this symbol sign configuration be removed. The FHWA FHWA establishes a phase-in target continued to be shown in many of the agrees and eliminates the OPTION compliance date of five years from the figures, particularly for the Typical allowing the sign to be modified. The effective date of this final rule for Applications in Chapter 6H, and adopted sign design conveys that the existing signs in good condition to therefore this symbol sign has continued number of lanes is being reduced by minimize any impact on State or local to be widely used by State and local one, regardless of how many total lanes governments. highway agencies. are on the roadway. The FHWA 81. In Section 2C.36 Advisory Exit, The FHWA believes that a symbolic establishes a phase-in target compliance Ramp, and Curve Speed Signs (W13–2, sign for the Lane Ends message date of 10 years from the effective date W13–3, W13–5) (numbered Section continues to be needed and in the NPA of this final rule for existing signs in 2C.33 in the NPA), the FHWA changes the FHWA proposed changes the design good condition to minimize any impact the design of the metric exit speed, of the Lane Ends (W4–2) symbol sign to on State or local governments. ramp speed, and curve speed signs, and improve comprehension by road users. Additionally, the FHWA adds the advisory speed signs/plaques so that the The FHWA received nine comments Lane Ends (W4–2) symbol sign to the metric speed value is within a black from the NCUTCD, the Minnesota DOT, first and second GUIDANCE statements circle with ‘‘km/h’’ below. This new and private citizens opposed to the new and to the OPTION statement, design better differentiates between sign design and five comments from the indicating that the W4–2 symbol sign is warning signs and plaques with metric Oregon, Virginia and Wisconsin DOTs an alternative to the LANE ENDS units for speed from those using English as well as private citizens in support of MERGE LEFT (RIGHT) (W9–2) word units for speed. The FHWA received the new sign design. sign. This will provide additional two comments from ATSSA and the The opposing commenters suggested flexibility to jurisdictions. The FHWA City of Tucson, Arizona, in overall that the new design would not be received one comment from Caltrans support of changes in this section. Three understood and also stated that there opposed to this change, stating that commenters representing the Minnesota was not sufficient research to support allowing the option to use word or and Ohio DOTs and a private citizen the new design. An FHWA human symbol signs will lead to motorist opposed the design of the metric exit factors research project 18 has found that confusion. The FHWA disagrees speed sign, stating that this non- road users very poorly comprehend the because there are many examples in the standard sign may not be recognized meaning of the previous design of the MUTCD where jurisdictions may choose and understood by motorists. The W4–2 sign. The research found that the between symbol signs and word FHWA disagrees and, consistent with old design is commonly misinterpreted message signs and there is no data decisions regarding the R2–1 sign in to mean ‘‘merge ahead’’ or ‘‘road indicating this causes confusion. Also, Chapter 2B, the FHWA adopts the narrows’’ and does not adequately this provides jurisdictions with more metric exit speed sign as proposed in convey the intended message of a lane flexibility. The FHWA adopts this the NPA. ending (reduction in the number of change, as proposed in the NPA, in this The FHWA received one comment lanes.) This research also evaluated an final rule. from the Oregon DOT opposed to the alternative design similar to the design 80. In Section 2C.34 Two-Way Traffic first STANDARD statement regarding used in Canada but with more graphic Sign (W6–3) (numbered Section 2C.31 the use of the RAMP SPEED sign in elements (bent arrows.) This study in the NPA), the FHWA adds to the addition to the EXIT SPEED sign, stating found that comprehension of the tested GUIDANCE statement that a Two-Way that the added signs clutter the sign alternative symbol was much better than Traffic sign with an AHEAD (W16–9P) environment and that the warning can the old W4–2 design, but because of the plaque should be used to warn road more easily be handled with proper complexity of the added graphical users of a transition from a one-way curvature signs with advisory speed elements (arrows) the legibility distance street to a two-lane, two-way section of plaques. The commenter suggested that was less than that of the old W4–2 roadway. The FHWA makes this the RAMP SPEED signs be an OPTION design. The FHWA adopts a revised addition in response to three comments rather than a STANDARD. While the design for the W4–2 sign that is received from private citizens regarding FHWA does not agree with removing identical to the design used in Canada this section and a figure in Section the RAMP SPEED sign from the 2B.37 ONE WAY Signs (R6–1, R6–2) STANDARD, the FHWA adds a new 18 ‘‘Evaluation of Selected Potential MUTCD (numbered 2B.32 in the NPA), where OPTION paragraph stating that a Curve Signs,’’ by Alicandri and Wochinger, 2000, Federal or Turn sign with Advisory Speed Highway Administration (FHWA) report number 19 ‘‘Age Differences in the Legibility of Symbol plaque may be used in place of a Ramp FHWA–RD–00–053, is available from FHWA Highway signs,’’ by Frank Schieber and Donald Speed sign if it is located such that it Turner-Fairbank Highway Reserach Center, 6300 Kline, 1994, is available for downloading at the Georgetown Pike, McLean, Virginia 22101, or University of South Dakota’s Web site at the clearly does not apply to drivers on the through their web site at the following URL: following URL: http://www.usd.edu/_schieber/pdf/ main roadway. The NCUTCD suggested http://www.tfhrc.gov. signs.pdf. that all of the references to curves and

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Curve Speed signs be removed from the conducted for the Maryland Department 2C.53 in the NPA.) This new section STANDARD and OPTION statements. of Transportation.21 includes a STANDARD statement on the The FHWA disagrees because this is a 82. In Section 2C.37 Intersection use of the ONCOMING TRAFFIC HAS helpful sign to remind drivers of the Warning Signs (W2–1 through W2–6) EXTENDED GREEN (W25–1) and advisory speed. Most curves are very (numbered Section 2C.34 in the NPA), ONCOMING TRAFFIC MAY HAVE well outlined with delineators or the FHWA changes the design of the EXTENDED GREEN (W25–2) traffic chevron signs. Because crashes are still CIRCULAR INTERSECTION (W2–6) signal signs. The STANDARD statement occurring on curves, the FHWA believes sign to a symbol sign with three rotating requires that, unless a separate left-turn that there is a need to remind drivers of arrows to better portray the operations signal face is provided and is operated the recommended reduction in speed as at circular intersections. The FHWA as described in Section 4D.06 they proceed along the curve or ramp. received eight comments from ATSSA, Application of Steady Signal Indications The FHWA includes this statement, as the City of Tucson, Arizona, traffic for Left Turns, if the possibility exists well as other references to the Curve engineering consultants, and private that a CIRCULAR YELLOW signal Speed sign, in this final rule. citizens in support of the new sign indication could be displayed to an The FHWA also adds a new paragraph design and six comments from the approach from which drivers are to the OPTION stating that, based on Kansas, Virginia, and Wisconsin DOTs turning left permissively without the engineering judgment, the Curve Speed as well as the City of Lenexa, Kansas, simultaneous display of a CIRCULAR sign may be installed on the inside or opposing it. The commenters who YELLOW signal indication to the the outside of the curve to enhance its opposed suggested that road users may opposing approach (see Section 4D.05), visibility. The FHWA incorporates this not understand the new sign and offered either a W25–1 or a W25–2 sign be new paragraph in this final rule to be new designs, or stated that the sign in installed near the left-most signal head. consistent with changes elsewhere in the 2000 MUTCD should be restored. The FHWA adds this new section Part 2 of the MUTCD. The FHWA adopts the three-arrow sign because these signs are adopted in The FHWA also adds a new figure as proposed in the NPA because it is Chapter 4D as one of several ways to numbered and titled ‘‘Figure 2C–7 consistent with the international symbol eliminate or reduce safety issues for a roundabout intersection and with associated with the ‘‘yellow trap’’ (as Example of Advisory Speed Signing for 22 an Exit Ramp.’’ This figure illustrates FHWA roundabout design guidance described in the discussion of Section the use of the Exit Speed sign along the and has significantly longer recognition 4D.05) in some traffic signal phasing deceleration lane and the use of the distance than the previous sign. The sequences. The FHWA received three Ramp Speed signs along the actual FHWA establishes a phase-in target comments from ATSSA, the City of ramp. The figure clarifies application of compliance date of 10 years from the Tucson, Arizona, and a traffic these signs to jurisdictions. Based on effective date of this final rule for engineering consultant in support of editorial comments suggesting existing signs in good condition to this new section and associated signs, additional clarity to this figure, the minimize any impact on State or local and many comments from the NCUTCD, FHWA adopts this new figure, with governments. State and local DOTs, and private In order to educate road users, the revisions, in this final rule. citizens opposed to it. The proposed FHWA clarifies the first paragraph of wording of the signs in the NPA, Additionally, the FHWA adds to the the OPTION statement to include that a CAUTION ONCOMING GREEN OPTION statement at the end of the TRAFFIC CIRCLE word message plaque EXTENDED (W25–1) and CAUTION section, that the advisory speed may be may accompany the Circular ONCOMING GREEN MAY BE the 85th percentile speed of free-flowing Intersection (W2–6) sign installed in EXTENDED (W25–2), stimulated many traffic, the speed corresponding to a 16- advance of a circular intersection. comments from the NCUTCD, the degree ball-bank indicator reading,20 or Additionally, the FHWA modifies the Arizona DOT, Pierce County, the speed otherwise determined by an GUIDANCE statement to clarify that the Washington; the City of Plano, Texas; engineering study due to unusual Intersection Warning signs, other than and the City of Los Angeles, California, circumstances. The wording of this the Circular Intersection Warning regarding the use of the word paragraph in this final rule incorporates symbol (W2–6) sign and the T- ‘‘Caution,’’ stating that the warning sign comments received from the NCUTCD, intersection symbol (W2–4) sign, should colors should communicate to the driver the Kansas DOT, a traffic engineering not be used on approaches controlled by that caution is needed, rather than consultant and private citizens on the STOP signs, YIELD signs, or signals. explicit use of the word. Many of these proposed wording in the NPA, This change, which was suggested by same commenters suggested that the specifically the ball-bank test. The the NCUTCD, allows the W2–4 sign to public would not understand the signs, FHWA includes this OPTION criteria to be used on the stem of a T-intersection, and some jurisdictions are opposed to enhance the uniformity of determining regardless of how the intersection is allowing any situations in which the the recommended advisory speed and to controlled, to provide additional ‘‘yellow trap’’ can occur. The FHWA provide additional warning to motorists, warning information to road users. recognizes that there are some locations because highway curves have a crash 83. The FHWA adds a new section where no other signal sequence other rate about three times the rate for numbered and titled, ‘‘Section 2C.39 than a yellow trap is reasonably feasible highway tangent segments and a run-off- Traffic Signal Signs (W25–1, W25–2).’’ due to unique combinations of the-road crash rate about four times the (This section was numbered Section intersection geometrics, traffic volumes, tangent segment rate. The FHWA also and the like. The FHWA believes that adds a new SUPPORT statement that 21 ‘‘Advisory Speeds on Maryland Highways— these signs will serve a useful purpose, further describes the ball-bank indicator Technical Report’’, August 1999, by Brudis and and revises the text of the signs to reading and its correlation with the 85th Associates, Inc., is available from Brudis and remove the word ‘‘Caution’’ and to percentile speed, based on research Associates, 9220 Rumsey Road; Suite 110, Columbia, Maryland 21045, Phone (410) 884–3607. clarify their meaning. 22 ‘‘Roundabouts: An Informational Guide,’’ 20 The ball bank indicator reading is a measure of FHWA, 2000. Report Number: FHWA–RD–00–067 84. In Section 2C.40 Vehicular Traffic the overturning force (side friction), measured in is available at the following URL: www.tfhrc.gov/ Signs (W8–6, W11–1, W11–5, W11–5a, degrees, on a vehicle negotiating a horizontal curve. safety/00068.htm. W11–8, W11–10, W11–11, W11–12p,

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W11–14) (numbered and titled ‘‘Section distinguish the differences between the supplemental plaques such as AHEAD 2C.36 Motorized Traffic Signs (W8–6, two signs. The FHWA agrees and or XX METERS may be used with the W11–5, W11–5a, W11–8, W11–10, removes the W11–10a sign from the Nonvehicular warning signs, when used W11–10a, W11–12)’’ in the NPA), the MUTCD in this final rule. In addition, in advance of a crossing. These plaques FHWA changes the title to be consistent based on a comment from the Ohio are specifically intended to provide with the changes in Section 2C.41 and DOT, the FHWA separates Figure 2C–9 advance notice to road users of crossing to reflect the addition and deletion of into two figures titled ‘‘Figure 2C–9 activity. The FHWA received no some signs from this section. Vehicular Traffic Signs’’ and ‘‘Figure comments regarding this change, and The FHWA received several 2C–10 Nonvehicular Traffic Signs.’’ On adopts this change. comments from the NCUTCD, ATSSA, the figure titled ‘‘Nonvehicular Traffic Additionally, the FHWA modifies the State DOTs, traffic engineering Signs,’’ the FHWA adds sign images of STANDARD statement to specify that consultants, and private citizens the W11–7 Equestrian and W11–9 when Nonvehicular warning signs are regarding specific signs listed in the first Handicapped signs. Based on the used at a crossing, the signs shall be OPTION statement, as well as the signs comments from the NCUTCD and a supplemented with a diagonal shown in Figure 2C–9 (numbered Figure private citizen, the FHWA removes the downward pointing arrow (W16–7p) 2C–10 in the NPA). The Ohio DOT W11–4a Horse-and-Buggy, W11–15 plaque showing the location of the suggested that bicycles be included in Waterfowl, and the W11–10a crossing. This reflects the fact that the list of vehicles in this statement and construction dump truck signs from Nonvehicular warning signs can be used removed from the first paragraph of Figure 2C–9 as well as the section text. either in advance of or at the crossing, Section 2C.41 because bicycles are The FHWA believes that only one sign and is consistent with the practice of vehicles. The FHWA agrees and, in depicting a horse and buggy and one using the diagonal downward pointing addition to adding bicycles and the sign depicting a truck is necessary. See arrow with other similar signs located at W11–1 sign to this section, the FHWA also the discussion that follows a crossing. The FHWA received one adds the W11–11 Golf Cart and W11–14 regarding the Waterfowl Sign. comment from the Kansas DOT in Horse-Drawn Vehicle signs. In the second OPTION statement, the support of this change, and one The FHWA adds a sentence in this FHWA adds that a supplemental plaque comment from the Oregon DOT opposed OPTION that the TRUCK CROSSING with the legend SHARE THE ROAD may to it, stating that the requirement to use (W8–6) word message sign may be used be mounted below Vehicular Traffic the arrow plaque at all signed crossings as an alternate to the Truck Crossing warning signs. The purpose of this adds excessive signing without much symbol sign, to provide additional addition is to allow the use of this sign benefit. The Oregon DOT suggested that flexibility. The FHWA received one to provide additional warning to road use of the arrow plaque remain an comment from the City of Tucson, users. The NCUTCD suggested that the option for supplementing any crossing Arizona, supporting this change, and SHARE THE ROAD plaque be moved to sign, but not be required. The FHWA incorporates this change. The FHWA Figure 2C–11 and removed from this notes that the required use of the plaque establishes a 10-year phase-in target section. The FHWA adds the SHARE was established in the 2000 MUTCD, compliance date from the effective date THE ROAD plaque to Figure 2C–11. and at that time the FHWA established of this final rule for the new symbol 85. In Section 2C.41 Nonvehicular a January 17, 2011 phase-in target signs W11–1, W11–5, W11–5a, W11–11, Signs (W11–2, W11–3, W11–4, W11–6, compliance date. The revisions to this and the W11–14 signs, for existing signs W11–7, W11–9) (numbered Section STANDARD statement in the 2003 in good conditions, to minimize any 2C.37 in the NPA), the FHWA changes MUTCD merely add clarity. Consistent impacts on State and local governments. the title to reflect that this section use of the arrow plaque at crossings is The FHWA received several pertains to nonvehicular signs, not just needed to educate the public regarding comments regarding the sign images in Crossing signs. The FHWA moves the the meaning of the plaque. Figure 2C–9 (numbered Figure 2C–10 in Bicycle (W11–1), Golf Cart (W11–11) Additionally, the FHWA adds to the the NPA). The NCUTCD, the Illinois and Horse-Drawn Vehicle (W11–14) third OPTION statement to state that DOT, and private citizens opposed the symbol signs from this section to Pedestrian, Bicycle, School Advance W11–5a tractor sign, and the Virginia Section 2C.40 because they represent Crossing, and School Crossing signs and DOT supported the sign. Many of the vehicular signs. This responds to several their related supplemental plaques may commenters who opposed the new sign comments from State DOTs and traffic have a fluorescent yellow-green suggested that the existing W11–5 sign engineering consultants. The FHWA background with a black legend and is sufficient, and road users will not adds the Equestrian (W11–7) symbol border. This change reflects the distinguish the differences between the sign, which had been adopted common practice for supplemental two signs. The W11–5a sign was previously as a standard symbol in an plaques to be of the same color as the actually adopted in a 1997 final rule,23 amendment to the 1988 MUTCD but signs they supplement. The FHWA and inadvertently omitted from the 2000 which had been inadvertently omitted received one comment from ATSSA in MUTCD. Accordingly, the FHWA from the figure illustrating support of this change and adopts this adopts the W11–5a sign in this final Nonvehicular Signs in the 2000 change. rule. MUTCD. Based on comments from the 86. In Section 2C.46 Advisory Speed Four commenters representing State NCUTCD, State and local DOTs, and Plaque (W13–1) (numbered Section and local DOTs and private citizens also private citizens opposed to the 2C.42 in the NPA), the FHWA adds to opposed the new W11–10a truck sign, Waterfowl Crossing sign that was the first OPTION statement to permit again stating that existing W11–10 sign proposed in the NPA because of lack of the use of an Advisory Speed (W13–1) is sufficient, and road users will not research showing effectiveness of the plaque to supplement any warning sign symbol, the FHWA withdraws that sign to indicate the advisory speed for a 23 Final rule on FHWA Docket 95–7, published in from the figure and the text of this final condition. The FHWA received one the Federal Register on January 9, 1997, at 62 FR rule. Future research may develop an comment from Pierce County, 1363, amended the 1988 MUTCD to include the ruling on Official Request for Change number II– improved symbol for this message. Washington, suggesting that the 2000 228 (C) to add an alternative symbol sign W11–5a The FHWA also revises the second MUTCD wording be retained, stating for farm machinery. OPTION statement to clarify that the that the proposed revision may

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encourage widespread and ineffective includes the designation in the section is flowing or the direction toward which use of the W13–1 plaque. The FHWA text. The FHWA received one comment the driver is to look for cross traffic. The disagrees and adopts the revision in this from the City of Tucson, Arizona, in FHWA received four comments from the final rule, changing the proposed phrase support of this change and adopts this Cities of Plano, Texas, and Tucson, ‘‘recommended speed’’ to ‘‘advisory change. The FHWA also received Arizona, and private citizens in support speed’’ in this statement, as well as the another editorial comment from a traffic of this change. The FHWA received one STANDARD, GUIDANCE, and OPTION engineering consultant suggesting that comment from the Minnesota DOT statements for consistency. all plaques be assigned a ‘‘p’’ opposed to it, citing concerns that In the STANDARD statement, the designation to distinguish them as removal of the arrow would increase the FHWA requires the use of the Advisory plaques. The FHWA agrees that this confusion. The FHWA believes that the Speed plaque where an engineering change will provide additional clarity arrow is the source of the confusion and study indicates a need to inform road and consistency and will perform a therefore removes the arrow from the users of the advisory speed for a comprehensive review of the MUTCD to design of the plaque. condition and, if they are used, the achieve consistency in this designation 90. The FHWA adds a new section speed shown shall be a multiple of 10 in the future. The FHWA will consider numbered and titled, ‘‘Section 2C.52 km/h or 5 mph. This change clarifies including this in a future rulemaking. High Occupancy Vehicle (HOV) Plaque which sign should be used when an 88. The FHWA removes Section 2C.46 (W16–11).’’ (This section was numbered engineering study indicates the need to DEAD END/NO OUTLET Plaques (W14– Section 2C.48 in the NPA.) This new advise road users of the advisory speed 1P, W14–2P), as numbered in the NPA, section includes an OPTION statement and how to determine what the from the MUTCD. The FHWA changes on the use of the High Occupancy recommended speed is for the the designation of these plaques to signs Vehicle (HOV) Plaque. Specifically, an condition. The FHWA received two because they are permitted to be used HOV (W16–11) plaque may be used to comments from the Oregon and Kansas alone, and moves the appropriate warn drivers in an HOV lane of a DOTs stating that an engineering study information to Section 2C.21 DEAD specific condition and to differentiate a is an unnecessary expense, and END/NO OUTLET Signs (W14–1, W14– warning sign specific for HOV lanes recommended that the statement be 1a, W14–2, W14–2a) in this final rule. when the sign is also visible to traffic on changed to engineering judgment. The 89. In Section 2C.50 CROSS TRAFFIC the adjoining general purpose roadway. OPTION statement gives the flexibility DOES NOT STOP Plaque (W4–4p) Additionally the diamond symbol may to use the Advisory Speed plaque where (numbered Section 2C.27 in the NPA), be used instead of the word message only engineering judgment has been the FHWA replaces the entire section (of HOV and, when appropriate, the words applied and no study has been the 2000 MUTCD) with new OPTION LANE or ONLY may be used. This will performed. The STANDARD only and STANDARD statements. The enhance road user understanding of requires the use of an Advisory Speed OPTION statement specifies that the which signs apply to which lanes. The plaque where an engineering study has CROSS TRAFFIC DOES NOT STOP FHWA received three comments from been performed and shows a need for (W4–4p) plaque may be used in the NCUTCD, ATSSA, and the City of the plaque. Because there is no combination with a STOP sign when Tucson, Arizona, in support of this new requirement for an engineering study, engineering judgment indicates that section, and adopts this new section, the FHWA adopts the change, as conditions are present that are causing with minor changes to Figure 2C–11. proposed in the NPA, in this final rule. or could cause drivers to misinterpret 91. The FHWA adds a new section In the NPA, the FHWA proposed to the intersection as a multi-way stop numbered and titled, ‘‘Section 2C.53 add an OPTION statement at the end of condition. The STANDARD statement PHOTO ENFORCED Plaque (W16–10).’’ the section indicating how to determine specifies that if the W4–4p plaque is (This section was numbered Section the advisory speed along a ramp or used, it shall be installed below the 2C.49 in the NPA.) This new section curve. The FHWA received several STOP sign. The new text for this section includes an OPTION statement on the comments from the NCUTCD, Yakima is necessary to provide for more uniform use of the PHOTO ENFORCED plaque in and Pierce Counties in Washington application of this plaque. The FHWA advance of locations of photo State, and a traffic engineering received two comments from the Cities enforcement of traffic laws, thereby consultant opposed to the language in of Plano, Texas, and Tucson, Arizona, in alerting motorists of the use of cameras the NPA. As a result, the FHWA support of these changes and one as an enforcement tool. This section replaces the proposed language with the editorial comment from the NCUTCD, facilitates consistency with the PHOTO language adopted in Section 2C.36 which the FHWA incorporates in this ENFORCED plaque for use with Advisory Exit, Ramp, and Curve Speed final rule. The FHWA also changes the regulatory signs, as described in Section Signs (W13–2, W13–3, W13–5). In sign designation in the title to ‘‘W4–4p’’ 2B.46 Photo Enforcement Signs (R10– concert with the changes in Section and changes corresponding text 18, R10–19). 2C.36, the FHWA also repeats the throughout the section. In response to Additionally, the FHWA adds a SUPPORT statement that further two comments from private citizens, the STANDARD statement to require that, if describes the ball-bank indicator FHWA adds to the OPTION statement used below a warning sign, the PHOTO reading and its correlation with the that the W4–4p plaque may use ENFORCED plaque be a rectangle with 85th-percentile speed in this section. alternate messages such as TRAFFIC a black legend and border on a yellow (See also the discussion in Section FROM LEFT (RIGHT) DOES NOT STOP background. This STANDARD makes 2C.36 regarding the ball-bank indicator or ONCOMING TRAFFIC DOES NOT the color of the plaque consistent with reading and its correlation with the 85th STOP when such messages more the color of the warning sign it percentile speed.) accurately describe the traffic controls supplements. 87. In Section 2C.47 Supplemental established at the intersection. The FHWA received three comments Arrow Plaques (W16–5p, W16–6p, Additionally, the FHWA removes the from the NCUTCD, ATSSA, and the City W16–7p) (numbered Section 2C.43 in arrow from the design of the plaque to of Tucson, Arizona, in support of this the NPA), the FHWA changes the title reduce potential confusion and new section, and adopts this section. to reflect the existence of the diagonally misunderstanding as to whether the The Wisconsin DOT stated that some pointing down arrow plaque and arrow denotes the direction cross traffic States have statutes that do not allow

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photo enforcement of traffic regulations, coded airport terminal destination guide destinations for conventional road guide and therefore those States will not allow signs and an example of a color-coded signs shall be in capital letters or the use of these signs. Because this is an community destination guide sign. The combination lower-case letters with optional plaque used to indicate an FHWA received three comments from initial upper-case letters and that all optional application, States are not the NCUTCD, ATSSA, and a private other lettering for conventional road required to use this plaque. citizen supporting this new figure, as guide signs shall be in capital lettering. The FHWA establishes a phase-in well as suggesting editorial changes to To respond to a comment from a private target compliance date of 10 years from the figure, which the FHWA citizen suggesting complete consistency the effective date of this final rule for incorporates in this final rule. The between the ‘‘Standard Highway Signs’’ the PHOTO ENFORCED plaque, for FHWA received one comment from a book and the MUTCD, the FHWA existing signs in good condition to representative of an airport suggesting a revises the text slightly from that minimize any impact on State or local separate standard for on-roadway proposed in the NPA. governments. signing at major international airports. 95. In Section 2D.06 Size of Lettering, 92. In Section 2D.03 Color, This goes beyond the scope of the NPA, the FHWA removes the last paragraph Retroreflection, and Illumination, the and will have to be addressed in a in the STANDARD statement (from the FHWA makes revisions to provide for future rulemaking. 2000 MUTCD), which required sign enhanced uniformity of design and 93. In Section 2D.04 Size of Signs, the panels to be large enough to application of color-coding of FHWA rephrases the first OPTION accommodate the legend without destinations in guide signs. The FHWA statement to clarify that reduced letter crowding. The FHWA modifies that adds a SUPPORT statement following height, reduced interline spacing, and information and includes it in Section the first STANDARD statement, which reduced edge spacing may be used on 2D.04 Size of Signs, where it is more states that color coding is sometimes guide signs if the sign size is limited by appropriately located. The FHWA used to help road users distinguish factors such as lane width, and vertical received two comments from the between multiple potentially confusing and lateral clearance. The FHWA NCUTCD and the City of Tucson, destinations. The SUPPPORT statement received two comments from the Arizona, in support of this change, and gives examples of valuable uses of color NCUTCD and the City of Tucson, adopts this change. coding including guide signs for Arizona, in support of this change, and One comment from a private citizen roadways approaching or inside an one from a private citizen opposed to it. suggested that language in this section airport property with multiple terminals The opposing commenter stated that be added expressly forbidding the use of serving multiple airlines, and allowing the reduction of guide sign mixed case lettering on conventional- wayfinding signs for various traffic dimensions may lead to substandard road guide signs unless it is Series E generator destinations within a sign dimensions being used in Modified/Lowercase. The FHWA community or area. The FHWA received situations where it would otherwise be disagrees because street name signs are three comments from the NCUTCD, the possible to remove the constraint, and guide signs and they can use mixed case City of Tucson, Arizona, and a traffic suggests that an engineering study be lettering other than E Modified. engineering consultant supporting this performed before substandard guide 96. In Section 2D.08 Arrows, the change, and adopts this change. signs are used. The FHWA disagrees FHWA received one comment from a The FHWA adds a second and believes that, because agencies private citizen stating that the first STANDARD statement that prohibits the install guide signs to provide drivers paragraph of the STANDARD statement use of different color sign backgrounds with needed information, they will not indicating that down arrows shall be to provide color-coding of destinations intentionally and repeatedly use smaller used only on overhead guide signs that and requires that the color-coding shall signs based on the revisions to this restrict use of specific lanes to traffic be accomplished by the use of different OPTION. The FHWA adopts this bound for the destination(s) and/or colored square or rectangular panels on change, as proposed in the NPA, in this route(s) indicated by the arrows, is in the face of the guide signs. The FHWA final rule. conflict with the optional signs that received three comments from the In the NPA, the FHWA proposed to have down arrows in Figures 2E–35, NCUTCD, ATSSA, and the City of add a STANDARD statement that 2E–36, and 2E–37. The FHWA agrees Tucson, Arizona, supporting this prohibits the use of reduced spacing that some of the optional signs depicted change, and adopts this change. between the letters or words of the in Figures 2E–35, 2E–36, and 2E–37 are The FHWA also adds an OPTION legend as a means of reducing the in error. The FHWA revises Figures 2E– statement, which states that the overall size of a guide sign, to provide 35, 2E–36, and 2E–37 by removing the different colored panels may include a for enhanced legibility of guide signs, optional signs as appropriate. black or white (whichever provides the especially for older road users. 97. In Section 2D.11 Design of Route better contrast with the panel color) The FHWA received one comment Signs, the FHWA revises the first letter, numeral, or other appropriate from ATSSA supporting this paragraph of the fourth STANDARD designation to identify the airport STANDARD. Four commenters from statement by removing the reference to terminal or other destination. The State DOTs opposed this language as a the publication ‘‘A Proposal for Uniform FHWA received two comments from the STANDARD, and suggested that it be County Route Marker Program on a NCUTCD and the City of Tucson, GUIDANCE to provide necessary National Scale’’ for design and use of Arizona, supporting this change, and flexibility to deal with unusual County road identification signs because adopts this change. situations. The FHWA agrees that this this publication is no longer available Additionally, the FHWA adds a flexibility is needed in some cases, and from the National Association of SUPPORT statement, which states that adopts this language, with additional Counties or any other source. However, two examples of color-coded guide sign clarifying information, as a GUIDANCE because the pertinent requirements of assemblies are shown in Figure 2D–1. statement in this final rule. that document are still valid, the FHWA Figure 2D–1 is a new figure titled 94. In Section 2D.05 Lettering Style, incorporates applicable text from that ‘‘Examples of Color-Coded Destination the FHWA revises the second paragraph document into the STANDARD Guide Signs’’ and illustrates two of the STANDARD to specify that the statement. No new requirements are overhead guide signs examples of color- lettering for place names and imposed by this change, because the

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previously referenced document had U.S. route numbering convention for D2–3 (three destination distance sign), been incorporated by reference into the their State routes. to reflect all the signs included in the 2000 MUTCD as well as previous 102. In Section 2D.31 Confirming or series. editions. Reassurance Assemblies, the FHWA In the NPA, the FHWA proposed 98. In Section 2D.17 ALTERNATE removes from the STANDARD adding a recommendation in the first Auxiliary Signs (M4–1, M4–1a), the statement the requirement that, if used, GUIDANCE statement that the distance FHWA adds the qualifiers of time or the Confirming Assembly be installed shown on the sign be the distance to the distance to the word ‘‘shorter’’ in the just beyond intersections of numbered center of the central business district, or GUIDANCE statement. This addition routes. to the point where the major north/ clarifies that the shorter (time or Additionally, in the first GUIDANCE south and east/west routes serving the distance) or better-constructed route statement, the FHWA recommends that city intersect, or to some point near the should retain the regular route number. a Confirming assembly should be center of the city. While two The ability to define the shorter route in installed just beyond intersections of commenters representing the NCUTCD terms of either time or distance provides numbered routes. and the City of Tucson, Arizona, additional flexibility. The FHWA The FHWA also adds a SUPPORT supported this change, commenters received one comment from the City of statement that states that Confirming from the Illinois and Kansas DOTs Tucson, Arizona, in support of this and Reassurance Assemblies are opposed the wording. The Kansas DOT change, and adopts this change. Directional Assemblies. suggested that the distance on the sign 99. In Section 2D.23 TEMPORARY These changes are adopted because should be to a point where the city Auxiliary Signs (M4–7, M4–7a), the use of the Confirming assembly beyond limits either cross or abut the route. The FHWA changes the title to reflect the intersections with numbered routes FHWA disagrees because many cities addition of the new TEMP (M4–7a) sign should be a recommended practice have city limits that now encompass and adds the TEMP (M4–7a) sign to the rather than completely optional. large geographic areas or the entire OPTION and STANDARD statements. Confirming assemblies are an important county, and using the city limit as a The FHWA received three comments safety and operational feature that lets basis for distance would give misleading from the NCUTCD, ATSSA, and the City the road user know that he/she is on the information to the driver. The Illinois of Tucson, Arizona, in support of this correct route just beyond the decision DOT suggested that the distance be change, and adopts this change. point. The Confirming assembly determined on a community-by- 100. In Section 2D.26 Directional provides highly desirable information to community basis, and that the layout of Arrow Auxiliary Signs (M6 Series), the road users. These changes allow the community be considered in FHWA removes the M6–8 and M6–9 flexibility in installing the signs to relation to the highway being signed. multiple direction advance arrow adjust to roadside conditions. The The FHWA agrees with this suggestion auxiliary signs. These specific arrow FHWA received one comment from the and revises the GUIDANCE accordingly signs are not consistent in design City of Tucson, Arizona, in support of because the FHWA believes it provides concept with the other Directional the changes to this section, and adopts the flexibility to determine distances Arrow Auxiliary Signs. The M6–6 and these changes. that will be better understood and M6–4 signs or separate assemblies for 103. In Section 2D.34 Destination accepted by road users. each route direction should be used Signs (D1 Series), the FHWA changes 105. In Section 2D.38 Street Name instead to provide enhanced clarity to the title to add sign number Sign (D3–1), the FHWA changes the title road users. The FHWA received three designations and changes the section to reflect the appropriate sign comments from the NCUTCD, a State text to clarify which signs are applicable designation. In the first GUIDANCE DOT, and the City of Tucson, Arizona, to the material in the section. The statement the FHWA adds a in support of this change, and adopts FHWA received one comment from the recommendation that on multi-lane this change. City of Tucson, Arizona, in overall streets with speed limits of 60 km/h (40 101. In Section 2D.27 Route Sign support to the changes in this section. mph) or more the minimum letter size Assemblies, the FHWA renumbers In the NPA, the FHWA proposed should be 200 mm (8 in). Larger letter Figure 2D–2 of the 2000 MUTCD to moving material concerning the use of sizes are needed to improve sign Figure 2D–6 and modifies all three a sloping arrow at an irregular legibility and safety for older road users. sheets of the figure to make the sign intersection from the second In this same GUIDANCE statement, the assemblies illustrated in the figure GUIDANCE statement (of the 2000 FHWA deletes the recommendation that consistent with requirements in Section MUTCD) to a new second OPTION larger letter heights be used for Street 2D.15 Cardinal Direction Auxiliary statement. The FHWA received one Name signs mounted overhead because Signs (M3–1 through M3–4) regarding comment from the Illinois DOT opposed more specific guidance is added the size of the initial letter of the to this change, suggesting that the term elsewhere in this section. The FHWA Cardinal Direction Auxiliary Signs, and ‘‘irregular’’ is not appropriate. The received comments from ATSSA and to illustrate directional assemblies that FHWA agrees and, to address this issue, the Virginia DOT in support of these reflect the most recent practice. The the FHWA combines the preceding changes, while the NCUTCD suggested FHWA received comments from the GUIDANCE and the OPTION into one even larger letter sizes for lettering on NCUTCD and the City of Tucson, GUIDANCE statement that reads, multilane higher-speed streets. Arizona, in support of these changes, ‘‘Unless a sloping arrow will convey a The Oregon and Wisconsin DOTs, the and a few editorial changes. In this final clearer indication of the direction to be Cities of Tucson, Arizona; and Plano, rule, the FHWA revises the numbers of followed, the directional arrows should Texas; and Pierce County, Washington, the U.S. routes on all three sheets to be horizontal or vertical.’’ opposed the change. The opposing conform to the convention of odd 104. In Section 2D.36 Distance Signs commenters primarily indicated that numbers for north-south routes and (D2 Series), the FHWA changes the title this change creates a financial impact on even numbers for east-west routes. The to add sign number designations. The agencies, and that the larger letter FHWA also revises the numbers for all FHWA also changes the section text to heights will create longer street name the State routes on these three sheets, clarify which signs are applicable to the signs that cannot be mounted and even though not all States adopt the material in the section, and adds the maintained using post top mounts.

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Several commenters suggested that this In the NPA, the FHWA proposed two the FHWA establishes a 15-year phase- be an OPTION, rather than GUIDANCE. changes in the second OPTION in target compliance date from the The FHWA disagrees. The use of larger statement. First, the FHWA proposed effective date of this final rule (rather letter sizes is not precluded in the 2000 eliminating midblock locations from the than January 9, 2012, as proposed in the MUTCD, so it is already an option. provision concerning locations where NPA) for this paragraph, for existing Fewer agencies will convert their street Street Name signs may be installed signs in good condition. name signs to the larger letter sizes if because Street Name signs are not Additionally, the FHWA adds a the GUIDANCE is reduced to an appropriate at non-intersection SUPPORT statement at the end of the OPTION. The larger signs will be locations. The FHWA received two section referencing Section 2C.49 for beneficial to all road users on higher- comments from the NCUTCD and a information regarding the use of street speed multi-lane streets, especially local DOT opposed to this revision name signs as supplemental plaques for older road users. Also, many because there are locations other than use with intersection-related warning jurisdictions use post-top mountings of intersections where Street Name signs signs. The FHWA received one editorial longer street name signs with larger are appropriate. The FHWA agrees and comment, which it incorporates in this letters, taking advantage of withdraws this proposal. Second, the final rule. appropriately designed attachment FHWA eliminates the provision 106. The FHWA adds a new section, hardware. Because this is GUIDANCE, allowing the installation of a numbered and titled ‘‘Section 2D.39 rather than a STANDARD, jurisdictions supplemental Street Name sign Advance Street Name Signs (D3–2)’’ that can be used in special circumstances if separately or below an intersection- describes the uses, placement, legend, determined necessary by the engineer. related warning sign on intersection and lettering sizes for Advance Street To mitigate the financial impact on approaches because this is an Name signs. The FHWA received two State or local governments, the FHWA inappropriate use of the sign. Instead, comments from the City of Tucson, establishes a phase-in target compliance the Advance Street Name plaque, as Arizona, and a traffic control device date of 15 years from the effective date described in Section 2C.49 Advance manufacturer supporting this new of this final rule for existing signs in Street Name Plaque (W16–8, W16–8a), section, and several editorial comments good condition. The phase-in target is appropriate for this purpose. The that the FHWA adopts in this final rule. compliance date for symbol sizes and 6’’ FHWA received no comments regarding The GUIDANCE includes two letter sizes for lettering on ground- this change, and adopts this change. separate paragraphs regarding mounted Street Name signs on roads The FHWA adopts several changes to placement of Advance Street Name that are not multi-lane streets with the fourth GUIDANCE statement. First, signs on arterial highways in rural areas speed limits greater than 60 km/h (40 the FHWA eliminates the and in urban areas. The FHWA received mph) remains unchanged from that recommendation on the color of the four comments from the NCUTCD and previously established, and is still supplemental Street Name sign when it the Virginia, Minnesota, and Kansas January 9, 2012. is combined with a warning sign DOTs opposing the language that The FHWA also adds a clarification to because this is now termed an Advance Advance Street Name signs be used in the first OPTION statement. The Street Name plaque and is discussed in advance of all intersections with OPTION statement in the 2000 MUTCD Section 2C.49. exclusive turn lanes in rural areas. The generally states that a symbol or letter Second, the FHWA recommends that Virginia DOT felt that this could have a designation may be used to identify the in urban and suburban areas, especially major cost impact. The Kansas DOT felt government jurisdiction. The FHWA where Advance Street Name signs are that Advance Street Name signs could revises the paragraph to provide more not used, overhead-mounted street contribute to sign clutter along major specificity by stating that a symbol or name signs be considered. If overhead arterials, and suggested that their use in letter designation may be used on a Street Name signs are used, the lettering urban areas be based on an engineering Street Name sign to identify the should be at least 300 mm (12 in) high study. The FHWA disagrees and adopts governmental jurisdiction, area of in capital letters or 300 mm (12 in) the language, with minor modifications, jurisdiction, or other government- upper-case letters with 225 mm (9 in) in this final rule. The FHWA strongly approved institution. This change lower-case letters. The FHWA received encourages the use of these signs in provides additional flexibility for two comments from ATSSA and the rural and urban areas as specified in the jurisdictions that install Street Name U.S. Access Board in support of this MUTCD. These signs, especially in rural signs, allowing them to identify areas of change, and five from the NCUTCD and areas, are one of the most important the city, neighborhoods, and the like. State and local DOTs opposed to it. things that can be done to improve older The FHWA received no comments Those who opposed this change felt that driver safety and convenience, and they regarding this change, and adopts this the signs would be too large, that the also benefit other drivers. To mitigate change. size of the sign may not properly fit on economic impacts, the FHWA The FHWA adds to the first traffic signal mast arms, that wind establishes a 15-year phase-in target STANDARD statement that if a symbol loading may also be an issue on mast compliance date from the effective date or letter designation is used, the height arms, and that financial impacts would of this final rule (rather than January 9, and width of the symbol or letter be high. The FHWA adopts this change 2012, as proposed in the NPA) for designation shall not exceed the letter in this final rule because 300 mm (12 in) existing signs in good condition. height of the sign. This provides for letters are superior to 250 mm (10 in) To respond to a comment by the more uniform Street Name sign design letters in terms of legibility distance for NCUTCD suggesting that the paragraph and assures that the name of the street older drivers as well as all drivers. is redundant, the FHWA withdraws the will have more prominence on the sign Lettering on overhead signs need to be second OPTION statement that was than the jurisdictional symbol or letter larger than roadside mounted signs to proposed in the NPA because this designation. The FHWA received one achieve adequate visibility. The 300 mm information is contained in the first comment from ATSSA supporting this (12 in) size is a GUIDANCE, not a OPTION statement in this final rule. change, and one editorial comment, STANDARD, so smaller letters can be To preserve consistency of letter sizes, which the FHWA adopts in this final used if determined necessary by the the FHWA withdraws two paragraphs rule. engineer. To mitigate economic impacts, from the STANDARD statement that

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were proposed in the NPA, and creates information agency logos are more States in FHWA-approved a new GUIDANCE that references the recognizable than the sign text and this experimentations,24 the FHWA believes letter sizes given in Section 2D.38 Street instant recognition is valuable to the that the standard green background of Name Sign (D3–1). traveler. the 30-year old ‘‘mile marker’’ system To clarify the intent and recognize 108. In Section 2D.46 Reference should be used. These signs fit into the common practices regarding the use of Location Signs (D10–1 through 10–3) category of guidance signs much more directional arrows on these signs, the and Intermediate Reference Location than they do into the category of FHWA adds a new paragraph to the last Signs (D10–1a through D10–3a) motorist information signs. The FHWA OPTION statement that provides (numbered and titled ‘‘Section 2D.45 does allow the use of blue backgrounds information regarding the placement of Reference Posts (D10–1 through D10– for the Enhanced Reference Location directional arrows. 3)’’ in the 2000 MUTCD), the FWHA signs, as described in Section 2E.54. The The FHWA renumbers the following changes the title and the term ‘‘reference FHWA also includes panel heights for sections accordingly. posts’’ to ‘‘reference location signs’’ one, two, and three digit signs. 107. In Section 2D.45 General Service throughout the section to correspond to The FHWA also includes a paragraph Signs (D9 Series) (numbered Section terminology used throughout the in the first STANDARD indicating how 2D.44 in the 2000 MUTCD), the FHWA MUTCD. The FHWA received several to determine reference location sign adds Electric Vehicle Charging to the comments from the NCUTCD, Caltrans, distance numbering for routes within a list of services, one or more of which the Kentucky, Wisconsin, and Kansas State, with and without overlaps with General Services signs must carry, in DOTs, Pierce County, Washington, and other routes. The FHWA also requires accordance with the second private citizens regarding proposed the installation of reference location STANDARD statement. The FHWA changes to this section as well as to signs on the right side of the roadway, received one comment from the City of Section 2E.54 Reference Location Signs except as provided in the OPTION Tucson, Arizona, in support of this and Enhanced Reference Location Signs statement. One commenter suggested change, and adopts this change. The (D10–4, D10–5) in the NPA. The FHWA that reference location markers be FHWA also adds an illustration of the revises both of these sections in this installed in the median because they are Electric Vehicle Charging sign (D9–11b) final rule. The following paragraphs less of a maintenance issue when placed to Figure 2D–11. describe this final rule, specifically in the median. The FHWA disagrees The FHWA changes the words ‘‘CB differences between this final rule and because road users generally expect Monitoring’’ in the fourth OPTION the 2000 MUTCD. Where applicable, statement to ‘‘Channel 9 Monitored’’ signs to be mounted on the right side of notations are included to detail where the roadway. and makes a corresponding change in the language for this final rule reflects item C of the fourth GUIDANCE The FHWA adds an OPTION comments received. statement indicating that Reference statement. These changes reflect current The FHWA adds a SUPPORT Location signs may be installed in the practice and terminology. The FHWA statement at the beginning of the section median where conditions limit or received one comment in support of to identify two types of reference restrict installation on the right side of these changes from the City of Tucson, location signs and their sign the roadway. The FHWA further Arizona, and adopts these changes. The designations: Reference Location signs expands the OPTION, based on FHWA establishes a phase-in target (D10–1, 2, 3) and Intermediate comments, to indicate that on two-lane compliance date of 10 years from the Reference Location signs (D10–1a, 2a, conventional roadways, Reference effective date of this final rule for 3a). existing signs in good condition to The FHWA also adds to the first Location signs may be installed on one minimize any impact on State or local OPTION statement a description of side of the road only and that they may governments. Intermediate Reference Location signs. be installed back-to-back. The OPTION Additionally, the FHWA removes In the first STANDARD statement, the also states that Reference Location signs references in the fourth OPTION FHWA adds a paragraph indicating that may be placed up to 9 m (30 ft) from the statement to the Road Conditions Dial when Intermediate Reference Location edge of the pavement. 511 (D12–5) sign and adds new signs are used to augment the reference The FHWA also revises the first OPTION, STANDARD, and GUIDANCE location sign system, the Reference STANDARD statement to clarify that the statements regarding the use and design Location sign at the even kilometer minimum mounting height of reference of the redesigned TRAVEL INFO CALL (mile) shall display a decimal point and location signs shall be 4 feet to the 511 (D12–5) sign. These changes reflect zero numeral. The FHWA also bottom of the sign, to be consistent with the assignment of 511 as the nationwide distinguishes between use on the mounting height for delineators. traveler information telephone number. conventional roads and freeways. The To mitigate economic impacts, the The FHWA received one comment from design of reference location signs used FHWA establishes a 10-year phase-in ATSSA in support of these changes. The on conventional roads is the same as target compliance date from the Virginia DOT suggested that the sign currently listed in the STANDARD, and effective date of this final rule for the legend be ‘‘TRAVEL INFO DIAL 511.’’ the FHWA includes a minimum sign location and spacing of Reference The FHWA agrees to change size of 250 mm (10 in) wide vertical Location Signs and design of ‘‘TRAVELER’’ to ‘‘TRAVEL’’ in this final panel. If reference location signs are Intermediate Reference Location Signs, rule, however does not agree to use the used on freeways or expressways, the for existing signs in good condition. word ‘‘DIAL’’ because it is antiquated FHWA requires that the Reference terminology. The NCUTCD and Location signs contain 250 mm (10 in) 24 Information on the various designs and colors used for these experimentations is included in Minnesota suggested that allowing the white numerals on 300 mm (12 in) wide ‘‘Location Marker Signs for Incident Management,’’ logo of a transportation agency or vertical green panels with a white September 2001, a report by Didier M. Valdes, et traveler information service to be two border. The FHWA received several al., of the University of Puerto Rico at Mayagu¨ ez, times the letter height used in the comments from State DOTs suggesting for the Federal Highway Administration under contract number DTFH61–00–X–00091–F. This legend of the sign, as proposed in the that blue panels be used, or at least document is available from the Department of Civil GUIDANCE, was too large. The FHWA included as an option. Although a blue Engineering and Surveying. University of Puerto disagrees because some large traveler background has been used by some Rico, Mayagu¨ ez, Puerto Rico, 00681–9041.

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The FHWA removes the last OPTION these signs are acknowledgement signs, City of Tucson, Arizona, supporting this statement from the 2000 MUTCD in this not advertisements. However, until the change, and adopts this change. final rule because the signs that the AASHTO study is completed, the 111. The FHWA adds a new section, statement refer to are now called FHWA removes all references to Adopt- numbered and titled ‘‘Section 2D.52 Intermediate Reference Location signs, A-Highway signs in the MUTCD. The National Scenic Byways Sign (D6–4, and are described in more detail in FHWA received two comments from the D6–4a).’’ This section includes Section 2E.54. NCUTCD and Caltrans in support of this SUPPORT, OPTION, and STANDARD 109. In Section 2D.48 General position, and two from ATSSA and the statements that describe the National Information Signs (I Series) (numbered Connecticut DOT opposed to it. Scenic Byways program and the signs Section 2D.47 in the 2000 MUTCD), the In the NPA, the FHWA proposed that may be placed on roads designated FHWA removes all references adding new OPTION, GUIDANCE, and as National Scenic Byways or All- concerning Adopt-A-Highway signs STANDARD statements regarding the American Roads by the U.S. Secretary of from the MUTCD. Current State and use of signs to display safety or Transportation. This new section local practices pertaining to Adopt-A- transportation-related messages. These provides for uniformity of design and Highway signs vary widely and, in some messages, such as ‘‘SEAT BELTS application of markers on designated cases, include the use of commercial BUCKLED?’’ and ‘‘DON’T DRINK AND National Scenic Byways. The FHWA logos for indicating Adopt-A-Highway DRIVE,’’ are in common and widespread received three comments in support of sponsors. The use of logos has raised use in many jurisdictions and they the new section and the D6–4 signs. The deeper policy issues regarding Federal provide valuable reminders to road FHWA incorporates several suggested and State laws concerning advertising users of important laws. The additions clarifications to the proposed language along the right-of-way, general to this section were proposed in order in this final rule, including revising the commercialization of the right-of-way, to provide for consistency in application SUPPORT statement to remove the safety of motorists and workers, and of these types of messages on General unnecessary information. In addition, the ability to raise revenues for activities Information signs and to reduce the the FHWA includes the proper color such as litter removal. Recent possibility of such signs being misused. illustration of the D6–4 and D6–4a discussions of the signing criteria in the The FHWA received four comments signs, which features a blue flag and MUTCD, along with dialogue of several from the NCUTCD, Caltrans, the border, red text, and white background. American Association of State Highway Minnesota DOT, and a private citizen The black and white version was and Transportation Officials (AASHTO) opposed to these new statements, inadvertently published in the NPA. subcommittees, have highlighted that stating that they do not regulate, warn The FHWA also adds an illustration of these issues go beyond the current or guide motorists, and should not be a half-size D6–4 sign in response to standards included in the MUTCD. For encouraged. The FHWA disagrees with comments. example, the AASHTO Subcommittee these comments. However, because 112. In Section 2E.01 Scope of on Maintenance has argued that several these statements are duplicative of Freeway and Expressway Guide Sign States have existing contracts that allow statements already contained in Chapter Standards, the FHWA adds to the a commercial entity to exchange 2A, the FHWA withdraws these SUPPORT to clarify that guide signs for maintenance and litter pickup services statements from Section 2D.48 in this freeways and expressways are primarily for signs acknowledging the commercial final rule. identified by sign name and not sponsors who pay for the services. Finally, the FHWA revises the third necessarily by a standard sign number. These contracts supplement scarce STANDARD statement replacing the The FHWA incorporates this additional maintenance resources for these States. words ‘‘jurisdiction logos’’ with minor editorial information in this final The Subcommittee also noted that the ‘‘boundary’’ to provide additional rule to clarify the intent of the section. use of more experienced crews in such flexibility to highway agencies to use 113. In Section 2E.10 Number of Signs arrangements is safer than using different colors for political boundary at an Overhead Installation and Sign volunteers. signs. The FHWA received no Spreading, the FHWA expands the title The AASHTO Subcommittee on comments regarding this change, and and relocates the SUPPORT and Traffic Engineering, on the other hand, adopts this change. GUIDANCE statements related to sign has argued that these 110. In Section 2D.49 Signing of spreading from Section 2E.11 Pull- acknowledgements of the commercial Named Highways (numbered Section Through Signs to this section because sponsors is an opening for other types 2D.48 in the 2000 MUTCD), in the first they are more appropriately associated of advertising (including electronic STANDARD statement the FHWA adds with sign location installation. The advertising on overhead dynamic additional requirements for installing FHWA received two comments from the message signs along freeways and at memorial signs on the mainline. These NCUTCD and the City of Tucson, signalized intersections) and raise requirements prohibit the use of Arizona, supporting this change, and serious concerns over driver distraction, memorial names on the directional adopts this change. confusion, and crash potential and guide signs, interference with necessary 114. In Section 2E.11 Pull-Through liability. At the request of the highway signing, and placement which Signs, the FHWA shortens the title to Subcommittee on Maintenance, the compromises the safety or efficiency of reflect the relocation of the SUPPORT AASHTO Standing Committee on traffic flow. The STANDARD statement and GUIDANCE statements that deal Highways has established a task force to is identical to the STANDARD with ‘‘sign spreading’’ to Section 2E.10 consider commercialization within the statement in Section 2E.08 Memorial Number of Signs at an Overhead right-of-way, including, but not limited Highway Signing. The FHWA adds this Installation and Sign Spreading. to, signage for the Adopt-A-Highway for consistency and to clarify the In the first sentence in the GUIDANCE program. acceptable locations to install memorial statement, the FHWA replaces the An FHWA policy memorandum dated signs. The FHWA received two words ‘‘only when’’ with ‘‘where’’ to November 9, 2001 25 indicated that comments from the NCUTCD and the broaden the use of Pull-Through signs. The FHWA adopts this change to 25 Policy memorandum is available for mutcd.fhwa.dot.gov/res-memorandum_adopt-a- recognize that Pull-Through signs can downloading from the following URL: http:// highway_110901.htm. be beneficial in congested traffic for

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road users, especially older drivers, at 2E–3 Diagrammatic Sign for a Single- rather than GUIDANCE. The FHWA many locations. The FHWA also Lane Left Exit to show two disagrees and adopts this change as a recommends that Pull-Through signs diagrammatic arrows instead of just one. GUIDANCE because of numerous with down arrows be used where The FHWA received comments from the complaints of the difficulty that road alignment of the through lanes is curved NCUTCD, the Kansas DOT, and a users have in knowing when an exit is and the exit direction is straight ahead, private citizen opposing the new sign on the left. Very few road users know where the number of through lanes is design, stating that the size of the sign that when the exit plaque is installed on not readily evident, and at multi-lane would be increased, the message the top left edge of the sign, it means the exits where there is a reduction in the difficult to read, and that additional exit is on the left. number of through lanes. The FHWA guidance should be provided so that The FHWA also adds additional text received three comments from the readers know how to design the signs. that, for exits that are not numbered (no NCUTCD, the City of Tucson, Arizona, The FHWA agrees that additional exit plaque), a LEFT plaque should be and a private citizen supporting the research and study is needed to refine added to the top left edge of the sign for proposed changes to the text and one the design of the individual lane a left exit. The FHWA adopts this text comment from a private citizen opposed arrangement style of the diagrammatic to address a comment from a private to it. The opposing commenter sign. Therefore, the FHWA withdraws citizen suggesting that non-numbered suggested the wording be revised to this proposal to include the option of exits needed to be addressed in a clarify that Pull-Through signs be used showing each individual lane manner that is consistent with the way where there is a reduction in the arrangement, as well as the proposal to numbered left exits are signed, to number of through lanes because it is add an illustration within Figure 2E–3. provide for adequate safety at these not appropriate to recommend Pull- The FHWA adopts additional locations. The FHWA establishes a Through signs at all multi-lane exits. editorial changes to improve the graphic phase-in target compliance date of 15 The FHWA agrees and modifies the text representations in Figures 2E–3 through years from the effective date of this final to clarify the use of Pull-Through signs 2E–7 to be consistent with the text. rule for the new GUIDANCE for existing with down arrows at multi-lane exits 117. In Section 2E.23 Lateral Offset signs in good condition to minimize any where there is a reduction in the (titled ‘‘Lateral Clearance’’ in the 2000 impact on State or local governments. number of through lanes. MUTCD and the NPA), the FHWA The FHWA adds an OPTION 115. In Section 2E.13 Size and Style changes the title to be consistent with statement following the first GUIDANCE of Letters and Signs, in Table 2E–3, the changes in terminology as discussed in statement, stating that the portion of the FHWA adds dimensions for the ‘‘Action Section 2A.19 Lateral Offset. exit number plaque containing the word Message Word’’ row and adds a row 118. In Section 2E.28 Interchange Exit ‘‘LEFT’’ may have a black legend and with dimensions for the sizes of Numbering, the FHWA revises the first border on a yellow background. This ‘‘Numerals and Letter’’ for Gore signs. STANDARD statement to require that a OPTION statement mirrors other similar The FHWA received one comment from space be included between the suffix uses of the black on yellow color pattern the NCUTCD in support of the changes letter and the exit number on an exit for signs and panels associated with left to this table. Based on an editorial number plaque for multi-exit exits in the MUTCD. The FHWA comment, the FHWA revises the interchanges. The FHWA received one received three comments from the dimensions for the Action Message comment from Caltrans opposed to this NCUTCD, the Minnesota DOT, and a Word under ‘‘category a’’ for major change, suggesting that the FHWA private citizen opposed to this new interchanges to make this entry change this to a GUIDANCE because statement, but these commenters consistent with all of the other entries total width is an issue on signs, provided no reasoning for their on this table. especially in retrofitting signs. The opposition. The FHWA adopts the In Table 2E–4, under item H, Rest FHWA disagrees and adopts this change OPTION in this final rule because it is Area and Scenic Area Signs, the FHWA because the space between the exit consistent with the EXIT ONLY and changes the values for Distance Fraction number and suffix letter is important for LEFT EXIT color scheme, it further to 250 mm (10 in), and the values for adequate legibility. The FHWA also increases conspicuity of the infrequent Distance Word to 300 mm (12 in) to adds to this STANDARD that exit left exit, and it is an optional treatment correct an error in the 2000 MUTCD. A numbers shall not include the cardinal that jurisdictions may use but is not commenter from the Oregon DOT noted initials corresponding to the directions required. this inadvertent transposition of values of the cross route. This sentence is Additionally, the FHWA removes the and the FHWA agrees with this moved from Section 2E.42 Cloverleaf EXIT 13 plaque from Figure 2E–3 to correction. Interchange because it is more reflect the changes in Section 2E.28. The 116. In Section 2E.19 Diagrammatic appropriate in this section. FHWA makes additional editorial Signs, the FHWA proposed in the NPA The FHWA relocates the second modifications to the figures to to add to item A of the first STANDARD OPTION statement (of the 2000 correspond with the text and correct statement the option of showing each MUTCD) to the first GUIDANCE minor errors. individual lane arrangement, based on statement. Because road users might not 119. In Section 2E.30 Advance Guide research related to the needs of older expect a left exit and have difficulty in Signs, the FHWA modifies the first road users.26 The FHWA also proposed maneuvering to the left, the FHWA GUIDANCE statement to provide adding a second illustration to Figure recommends that the word ‘‘LEFT’’ be necessary clarification for placement of added to the exit number plaque. The advance guide signs. This change 26 Information about this research is summarized FHWA received one comment from a responds to a comment from Caltrans on pages 190 and 191 of the ‘‘Highway Design private citizen in support of this change, stating that clarification on advance sign Handbook for Older Drivers and Pedestrians,’’ Report number FHWA–RD–01–103, published by and six comments from the NCUTCD, placement is necessary to address the FHWA Office of Safety Research and and the Minnesota, Kansas, and situations where it is not practical to use Development, 2001. It is available for purchase from Wisconsin DOTs opposed to it. Most of three Advance Guide signs because of The National Technical Information Service, the commenters in opposition felt the very close spacing between Springfield, Virginia 22161, (703) 605–6000, or at their Web site at the following URL: http:// addition of the word ‘‘LEFT’’ to the exit interchanges. This minor change does www.ntis.gov. number plaque should be an OPTION, not add any new requirements and

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provides additional flexibility to last sentence of the STANDARD The FHWA received two comments jurisdictions to address unique statement regarding exit numbers to from the NCUTCD and the Wisconsin situations. Section 2E.28 Interchange Exit DOT supporting this change, and three In the STANDARD, the FHWA Numbering because that section deals comments from the Minnesota and removes the requirement to use the with overall interchange exit Connecticut DOTs and a private citizen specific distance message for the 2 km numbering, and the statement is opposed to it. The opposing (1 mi) and 4 km (2 mi) Advance Guide applicable to all interchanges, not just commenters indicated that restaurants signs, to respond to a question from cloverleaf interchanges. Although this that serve less than three meals a day Caltrans as to why the 1 km (0.5 mile) change was not included in the NPA, are not adequately serving the motoring sign was not included. All Advance the FHWA includes this minor editorial public, and that the more stringent Guide signs shall contain the change in this final rule to clarify the criteria should remain, in order to appropriate distance message. intent based on a comment from reduce sign clutter and better serve 120. In Section 2E.34 Exit Gore Signs, Caltrans questioning whether the motorists. The FHWA disagrees because the FHWA revises the STANDARD information regarding exit numbers was many restaurants of interest to travelers statement so that it is worded in a applicable only to cloverleaf serve only two meals per day. In manner consistent with the rest of the interchanges. The FHWA also changes addition, this is consistent with changes MUTCD. The STANDARD statement in the OPTION to a second GUIDANCE made in Section 2F.01 Eligibility this final rule includes a definition of statement to be consistent with similar regarding eligibility of businesses for ‘‘gore’’ and indicates that the Exit Gore GUIDANCE in Section 2E.44 Partial Specific Service Signs. The FHWA sign shall be located in the gore. Cloverleaf Interchange. adopts the change, as proposed in the The FHWA adds an OPTION 123. In Section 2E.43 Cloverleaf NPA. statement to allow mounting a panel Interchange with Collector-Distributor 126. In Section 2E.54, the FHWA indicating the advisory speed the for the Roadways, the FHWA adds a new changes the title from ‘‘Reference Posts’’ ramp below the Exit sign, to supplement Figure 2E–29 and a SUPPORT statement to ‘‘Reference Location Signs and and not replace the exit or ramp referencing Figure 2E–29 for examples Enhanced Reference Location Signs advisory speed warning sign where of guide signs for full cloverleaf (D10–4, D10–5)’’ to reflect the new extra emphasis of an especially low interchanges with collector-distributor Enhanced Reference Location sign and advisory ramp speed is needed. The roadways. The FHWA renumbers to be consistent with changes in other FHWA received one comment from the subsequent figures accordingly. A figure chapters of Part 2 of the MUTCD. The NCUTCD in support of the new OPTION very similar to new Figure 2E–29 was in FHWA received comments from the City statement as proposed in the NPA, one the 1988 MUTCD, but was inadvertently of Tucson, Arizona, in support of these comment from Caltrans requesting left out of the 2000 MUTCD. Several changes. Caltrans and a private citizen additional information, and two commenters pointed out this error and suggested that the abbreviation of comments from Minnesota and Kansas the FHWA corrects it in this final rule. kilometer be corrected. The same DOTs opposed to the change, stating 124. In Section 2E.49 Signing of private citizen opposed the green color that more information was needed. The Approaches and Connecting Roadways, of the signs, stating that a blue FHWA adopts the new OPTION the FHWA removes the entire text of the background is used by some States, and statement with additional language to section (from the 2000 MUTCD) and opposed the FHWA’s proposal to clarify the usage of the advisory speed adds new SUPPORT, GUIDANCE, include the decimal point to indicate panel and to emphasize that the STANDARD, and OPTION statements, the fractional character of the mile or supplemental advisory speed panel is as well as five new figures (Figures 2E– kilometer in both this section and not intended to replace the exit or ramp 34 through 2E–38). The new statements Section 2D.46 Reference Location Signs speed warning sign. This option address sign sequences and sign design (D10–1 through D10–3) and provides jurisdictions additional for conventional roads with one lane Intermediate Reference Location Signs flexibility for reminding road users of and multi-lane traffic approaching an (D10–1a through D10–3a). The FHWA the recommended speed for an interchange. The new statements also revises both of these sections to address especially low-speed exit ramp. clarify the use of signs for approaches comments as appropriate, and to 121. In Section 2E.36 Distance Signs, and connecting roadways in order to provide consistency with Section 2D.46. the FHWA adds a SUPPORT statement better convey to road users the ramp The FHWA also adds Figure 2E–45 after the first STANDARD statement that configuration and the maneuver that a illustrating the sign images. The FHWA the minimum size of route shields road user would have to make to get on adopts the decimal point for identifying a significant destination the desired ramp or connecting intermediate signs because the FHWA point appear in Tables 2E–1 through roadway. The FHWA adopts the believes that this will make it clearer to 2E–4. The FHWA received a comment statements proposed in the NPA, with road users that it denotes a portion of from Caltrans that route shields are editorial modifications to the text and a mile or kilometer. more commonly used on Distance Signs figures to respond to comments and To mitigate economic impacts, the than text identification of route maintain consistency with changes in FHWA establishes a phase-in target numbers. The FHWA agrees with this other sections. The FHWA also removes compliance date of 10 years from the comment and believes that route shields from Figures 2E–28 through 2E–33 the effective date of this final rule for the are more quickly identifiable by road depiction of signing on the roads design of Enhanced Reference Location users than words. Accordingly, the approaching the freeway and adds a signs and Intermediate Enhanced FHWA revises Figure 2E–22 to show a note cross-referencing to the appropriate Reference Location Signs as specified in U.S. 38 route shield rather than a text Figure 2E–34 through 2E–38. the second STANDARD statement, for identification of the route, and adds an 125. In Section 2E.51 General Service existing signs in good condition. OPTION that the text identification of a Signs, the FHWA changes from three to 127. In Section 2E.56 Radio route may be shown instead of a route two the number of meals per day for Information Signing, the FHWA adds a shield. which a food establishment should have SUPPORT statement at the end of the 122. In Section 2E.42 Cloverleaf a continuous operation to serve in item section with a cross-reference to Section Interchange, the FHWA relocates the B.2 in the first GUIDANCE statement. 2D.45 General Service Signs (D9 Series),

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for information about the use and design of the NCUTCD. The FHWA disagrees The FHWA clarifies the use of the of a TRAVEL INFO CALL 511 (D12–5) with the commenter suggesting that diamond symbol and includes a sign. In the NPA, the FHWA proposed additional time is needed for review. diamond in the top left corner of the the addition of OPTION and There was ample time for individuals to legend of the guide sign for all guide STANDARD statements mirroring text review and provide comments on this signs that appear in the gore areas for in Section 2D.45, however, the FHWA proposed section. Also, prior to exits onto HOV lanes. These guide signs believes that a cross-reference to Section preparing the NPA, the FHWA in gore areas appear in the figures for 2D.45 is sufficient in this section. considered available information about this section to respond to comments 128. In Section 2E.57 Carpool and the state of the practice of HOV signing. from a private citizen suggesting Ridesharing Signing (titled ‘‘Carpool The FHWA reviewed the docket additional information on the gore Information Signing’’ in the NPA), the comments and conducted a thorough signs. FHWA adds to the OPTION statement revision of the proposed language to The FHWA establishes a phase-in that Carpool Information signs may address comments, remove target compliance date of 10 years from include Internet addresses or telephone inconsistencies, and clarify the text as it the effective date of this final rule for numbers within the legend. This relates to signing for specific situations this new section, for existing signs in exception to a general prohibition for barrier-separated, buffer-separated, good condition. against Internet addresses or telephone concurrent flow, and direct access 130. In Section 2F.01 Eligibility, the numbers with more than four characters ramps. FHWA changes from three to two the in Section 2A.06 Design of Signs, One of the private citizens suggested number of meals per day for which a reflects long-standing and common that the section provide guidance that food establishment should have a current practice and provides for differentiates between an HOV lane continuous operation to serve in item additional information to road users. physically ending and an HOV lane B.2 of the fourth GUIDANCE statement The FHWA received two comments designation ending with the lane to be consistent with changes in Section from the Virginia DOT and the City of continuing as a mixed-flow lane. The 2E.51 General Service Signs. (See also Tucson, Arizona, in support of this FHWA agrees and clarifies the text and the discussion in Section 2E.51.) change, and one from the NCUTCD figures to provide examples of these 131. In Section 2F.04 Number and opposed to it, stating the inconsistency conditions and guidance for proper Size of Logos and Signs, the FHWA with Section 2A.06. The FHWA adopts signing. changes the second STANDARD this change, as proposed in the NPA. Caltrans suggested that additional statement to require that a logo panel on Section 2A.06 allows the use of information and examples be provided signs for conventional roads and ramps telephone numbers and Internet regarding the use of changeable message not exceed 750 mm (30 in) in width addresses when specifically authorized signs (CMS), so that States do not instead of 600 mm (24 in) to be for certain signs in the MUTCD. A inadvertently implement CMS signs for consistent with the proportions of specific exemption is intended to be static, rather than dynamic signing panels for freeways and expressways. authorized by Section 2E.57 for carpool purposes. The FHWA agrees and The FHWA received three comments signs. However, to encourage use of includes references to new Sections from the NCUTCD, ATSSA and the City shorter numbers, the FHWA changes the 2B.26 Preferential Only Lane Signs and of Tucson, Arizona, in support of this illustration of the Carpool sign (D12–2) 2B.28 Preferential Only Lane Sign change, and adopts this change. in Figure 2D–12 to show ‘‘*CAR’’ rather Application and Placement (numbered 132. In Section 2F.08 Double-Exit than a 10-digit number. Sections 2B.48 and 2B.50 in the 2000 Interchanges, the FHWA adds to the Additionally, the FHWA changes the MUTCD) at the beginning of this section OPTION statement that at a double-exit size of the maximum vertical dimension and repeats pertinent information interchange where there are four logo of the logo or symbol in the STANDARD regarding the use of CMS signs in this panels displayed for one of the exits and statement from 900 mm (36 in) to 450 section. one or two panels to be displayed for mm (18 in) to enhance the legibility of Caltrans also suggested that the the other exit, the logo panels may be the primary message. The FHWA proposed size of ground mounted/ arranged in three rows with two panels received no comments regarding this barrier mounted HOV signs was too per row, to make the layout of the sign change, and adopts it in this final rule. small to contain all of the necessary more logical. The FHWA received two 129. The FHWA adds a new section information at the appropriate text size. comments from the NCUTCD and the numbered and titled ‘‘Section 2E.59 The FHWA agrees and, in concert with City of Tucson, Arizona, in support of Preferential Only Lane Signs.’’ This Section 2B.26, the FHWA modifies the this change, and one from the section was titled ‘‘High-Occupancy size and layout of the text that appears Minnesota DOT opposed to it. The Vehicle (HOV) Signs’’ in the NPA. In the in the legend of the R3–10 through R3– opposing commenter suggested that the NPA, the FHWA proposed to include 14 signs to be consistent with the other signing concept would confuse STANDARD, GUIDANCE, OPTION, and sections in Part 2 regarding size of text motorists. The FHWA believes that the SUPPORT statements regarding the use associated with the type of facility. commenter was confused as to what the and placement of signs for HOV lanes The FHWA also received several sign would look like. Therefore the and facilities and five figures illustrating comments from a private citizen FHWA adds an illustration in Figure examples of HOV signing applications. regarding the use of the diamond 2F–1 and believes that there should be The FHWA received several comments symbol on the HOV signs. In some no reason for drivers to be confused from Caltrans, the Minnesota DOT, and cases, the diamond was inadvertently with this arrangement. The FHWA private citizens regarding this new shown incorrectly and/or adopts the change. section, ranging from editorial inappropriately on signs in the figures 133. In Chapter 2G TOURIST- comments to opposition regarding in the NPA. The FHWA clarifies the use ORIENTED DIRECTIONAL SIGNS, the specific statements, to a suggestion not of the diamond symbol and the word FHWA changes ‘‘Typical’’ to ‘‘Examples to include the new section or figures ‘‘HOV’’ on signs to correspond with the of’’ in the titles of Figures 2G–1 and 2G– until the section is reviewed in more option that agencies have to use either 2 because the information shown is only detail by the Guide and Motorist the diamond symbol or ‘‘HOV’’ that is an example of many acceptable Information Sign Technical Committee included in Sections 2B.26 and 2B.28. arrangements of signs. The FHWA

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received no comments regarding these In the NPA, the FHWA proposed years) for existing signs in good changes, and adopts these changes. adding illustrations of trapezoidal- condition to minimize any impact on 134. In Section 2G.01 Purpose and shaped directional guide signs to Figure State or local governments. Application, in the second STANDARD 2H–2 to correspond with the optional In the NPA, the FHWA proposed to statement, the FHWA adds language use of this shape for recreational or add a sentence in the first STANDARD prohibiting the placement of tourist- cultural interest area directional signing stating that the minimum size for this oriented directional signs on as provided for in this section. The sign is 600 x 600 mm (24 x 24 in) and conventional roads in urban areas. This FHWA received two comments from the the circular symbol diameter is 2.5 mm clarifies and strengthens the current NCUTCD and the Minnesota DOT (1 in) smaller than the width of the sign. requirement that such signs shall only opposed to adding these illustrations, The FHWA received one comment from be used on rural conventional roads. suggesting that the trapezoidal shape the Arizona DOT suggesting that Also, the FHWA relocates the current not be included in the figure nor the increasing the minimum size of the EM– first paragraph of the GUIDANCE section text. The trapezoidal shape was 1 sign to be the same size as other statement to become a new second not illustrated in the 2000 MUTCD standard route markers may distract paragraph of the second STANDARD because it is not widely used, due to drivers from other route markers that are statement. This change requires, rather higher costs for sign blanks versus far more important for everyday route than recommends, that tourist-oriented rectangular shaped blanks. However, guidance, and suggests that the 450 x directional signs incorporate some agencies do still use the 450 mm (18 x 18 in) size be left as an information from and be used in place trapezoidal shape, so it is inappropriate available option. The FHWA agrees and of Specific Service signs where both to remove this option from the text of removes this sentence from the types of signs are needed at an the MUTCD without allowing public STANDARD statement and creates a intersection. comment. Therefore, the FHWA new table in Chapter 2I listing sign sizes The FHWA received two comments includes illustrations of the trapezoidal for the EM–1 through EM–7 signs for from the NCUTCD and the City of shaped signs in Figure 2H–2 in this final two categories ‘‘Conventional Roads’’ Tucson, Arizona, in support of these rule with a note identifying them as and ‘‘Minimum.’’ For the EM–1 sign, the changes, and adopts these changes. optional. FHWA includes 600 x 600 mm (24 x 24 in) for conventional roads and 450 x 450 135. In Section 2G.07 State Policy, the 138. In Section 2I.03 EVACUATION mm (18 x 18 in) as the minimum. FHWA changes the phrase ‘‘State or ROUTE Sign (EM–1), in the first In the second STANDARD statement, Federal laws’’ to ‘‘State and Federal STANDARD statement, the FHWA the FHWA changes the detail regarding laws’’ in the STANDARD statement, to changes the design of the the colors to be used on the clarify that both types of laws must be EVACUATION ROUTE (EM–1) sign to a EVACUATION ROUTE (EM–1) sign to heeded. The FHWA received two rectanglular sign with a blue circular correspond with the design changes comments from the NCUTCD and the symbol with a directional arrow and the required by the first STANDARD City of Tucson, Arizona, in support of legend EVACUATION ROUTE. This statement. In the NPA, the FHWA this change, and adopts this change. change reserves the circular shape sign proposed that at least the arrow, legend 136. In Section 2H.08 Placement of exclusively for rail grade crossings and and corners of the sign shall be Recreational and Cultural Interest Area enhances the conspicuity and legibility retroreflective. The FHWA received two Symbol Signs, the FHWA combines of the EVACUATION ROUTE sign. The comments from ATSSA and a traffic Figures 2H–5 and 2H–6 into a single FHWA received three comments from control device manufacturer opposed to figure titled ‘‘Figure 2H–5 Recreational the NCUTCD, ATSSA and the City of this change, stating that the entire sign and Cultural Interest Area Symbol Tucson, Arizona, in support of this needs to be retroreflective because, in Signs’’ illustrating all approved change, and three comments from the the event of a need to evacuate, power recreational and cultural interest symbol Florida and Oregon DOTs and a private systems may not be available to signs. The previous titles of Figures 2H– citizen opposed to it. The Florida DOT externally illuminate these signs and 5 and 2H–6 were inaccurate, and the feels that the change would have a large weather conditions may be extremely FHWA received a comment from the statewide impact to their hurricane poor for visibility. The FHWA agrees Arizona DOT recommending that all evacuation signing program. The private and requires that the entire sign be currently approved recreational and citizen felt that the sign shape should retroreflective. cultural interest symbols be shown in remain circular so that it will continue The FHWA adds to the second the figures of Chapter 2H. The FHWA to be recognized as a Civil Defense sign, OPTION statement that the legend on agrees and adopts these minor changes and that changing the shape creates the EVACUATION ROUTE sign may be for accuracy and consistency. unnecessary work and expense for modified to describe the type of 137. In Section 2H.09 Destination agencies. The Oregon DOT indicated evacuation route, such as HURRICANE, Guide Signs, the FHWA clarifies in the their belief that the new design was too to provide additional information to second STANDARD statement that similar to the Trail Marker sign and, as road users. The FHWA did not receive linear parkway-type highways that a result, motorists may not recognize the any comments regarding this change, primarily, rather than merely, function Evacuation Route Markers with the and adopts this change. as arterial connectors, even if they also appropriate amount of importance. The Additionally, the FHWA adds to provide access to recreational or FHWA notes that the Emergency Figure 2I–1 illustrations of the cultural interest areas, shall not qualify Evacuation Route Marker has not been HURRICANE EVACUATION ROUTE, for the use of white-on-brown changed; it has just been put onto a AREA CLOSED, TRAFFIC CONTROL destination guide signs. The FHWA white rectangular background so that POINT, MEDICAL CENTER, and adopts this change to improve the circular shape can be reserved for HURRICANE SHELTER signs and uniformity of guide signing on these another use. The FHWA adopts the illustrations of six new directional signs important arterials. The FHWA received change in this final rule. The FHWA for EMERGENCY SHELTER, FALLOUT two comments from the NCUTCD and revises the phase-in target compliance SHELTER, CHEMICAL SHELTER, the City of Tucson, Arizona, in support date to 15 years from the effective date WELFARE CENTER, REGISTRATION of this change, and adopts this change. of this final rule (the NPA proposed 10 CENTER, and DECONTAMINATION

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CENTER signs. The FHWA removes all markings. Black markings can be used that the pavement marking section size notations from the signs in this in conjunction with any other color would be applicable to toll facilities as figure, and lists the sign sizes under the marking to add contrast to it. The well. Due to the unique nature of toll ‘‘Conventional Roads’’ column in the FHWA removes the existing reference to plazas, the citizen suggested that new table in this chapter. The FHWA object markers because it is not an uniformity of toll plaza marking be received two comments from Caltrans appropriate reference. The FHWA addressed before including toll facilities and the Arizona DOT questioning why received one comment from the City of under the blanket of ‘‘all roadway the EM–1 sign in the illustration Tucson, Arizona, supporting these types.’’ While the FHWA realizes that includes the word ‘‘HURRICANE.’’ changes to this section. A traffic control toll plaza applications are not Because this is probably the most device manufacturer suggested adding a specifically discussed in the MUTCD, common type of evacuation route that is paragraph to denote that channelizing the FHWA plans to study toll plaza currently signed in the U.S., the FHWA devices such as tubular markers and applications and defers that discussion uses the hurricane sign in the figure as longitudinal channelizers are often used to a future rulemaking. The FHWA an example. To address these comments to reinforce white channelizing lines. adopts the revision, as proposed in the in this final rule, the FHWA adds an The FHWA declines incorporating this NPA. asterisk to the EM–1 sign and a note comment because this topic is The FHWA received one comment stating that HURRICANE is an example adequately covered in Section 3F.02 from the Washington DOT supporting of one type of evacuation route, and that Channelizing Devices. the FHWA’s proposal to revise the the legend for other types may also be Additionally, the FHWA removes the OPTION statement to differentiate used, or this line of text may be omitted. section titled, ‘‘Section 3A.05 Colors of between the dimensions for dotted lines 139. In Section 2I.08 Emergency Aid Pavement Markings’’ (as it appeared in used for line extensions and lane drop/ Center Signs (EM–6 Series), the FHWA the NPA) and moves this information to add markings and the proposed adds to the STANDARD statement that Section 3A.04. The FHWA renumbers revisions to the dimensions for the line the EM–6 series signs shall be a the remaining sections accordingly. segments and gaps to be consistent with horizontal rectangle and that the In response to comments from the other sections in Part 3. The Wisconsin identifying word and the word NCUTCD and the Wisconsin DOT, the DOT opposed this revision, stating that ‘‘CENTER’’, the directional arrow, and FHWA removes the reference to white they are using a higher gap ratio. The the border shall be black on a white and yellow raised pavement markers, Ohio DOT felt that this should be a background. Although this text was not because raised pavement markers are GUIDANCE statement. Because included in the NPA, the FHWA adopts distinguished from others by their changing this to a GUIDANCE may have this change in this final rule to clarify physical characteristics, rather than cost impacts to agencies, the FHWA the colors of these signs, consistent with color. Raised pavement markers are adopts the language as proposed in the longstanding requirements of the described in detail in Section 3B.11 NPA as an OPTION, but the FHWA may Standard Highway Signs book for the Raised Pavement Markers. consider changing it to a GUIDANCE in design of these signs. This does not The Ohio DOT and a traffic a future rulemaking. impose any new requirements. engineering consultant suggested adding 144. In Section 3B.01 Yellow text in this section to acknowledge that Centerline Pavement Markings and Discussion of Adopted Amendments to blue raised pavement markers may be Warrants, the FHWA changes the title Part 3—Markings used as fire hydrant locators. The ‘‘Yellow Centerline and Left Edge Line 140. In Section 3A.01 Functions and FHWA agrees with this addition in Pavement Markings and Warrants’’ to Limitations, based on a comment from conjunction with the addition of blue ‘‘Yellow Centerline Pavement Markings the NCUTCD, the FHWA adds a list raised pavement markers to Section and Warrants.’’ The FHWA also moves describing the hierarchy system for 3B.11, and adds a sentence to the the fourth STANDARD statement of longitudinal lines in order to clarify the STANDARD statement in Section 3A.04. Section 3B.01 to Section 3B.06 Edge intended functions of various types of 143. In Section 3A.05 Widths and Line Pavement Markings because edge longitudinal lines, similar to text that Patterns of Longitudinal Pavement lines are appropriately covered in was in Section 3A.06 of the 2000 Markings (referred to as Section 3A.06 Section 3B.06. The FHWA received one MUTCD. This text is most appropriately in the NPA), the FHWA received two comment from the City of Tucson, located in Section 3A.01. comments from the NCUTCD and the Arizona, in support of these changes, 141. In Section 3A.03 Materials, the Ohio DOT opposed to proposed changes and the FHWA adopts these changes. FHWA received one comment from the to the STANDARD statement to remove A traffic engineering consultant Motorcycle Safety Foundation the descriptions of the functions of suggested that the term ‘‘traffic lane’’ be requesting that motorcycles be longitudinal pavement markings. The clarified to specify whether parking considered when selecting pavement FHWA agrees with these comments and lanes and bicycle lanes were included. marking materials, especially moves these items to Section 3A.01 The FHWA agrees with this suggestion, longitudinal markings, because traction Functions and Limitations. and replaces the phrase ‘‘traffic lane’’ is important to motorcyclists. Because Additionally, the FHWA moves the last with ‘‘lanes for moving motor vehicle the FHWA did not propose changes to item of the STANDARD, pertaining to traffic’’ where appropriate in this this section in the NPA, and a change lengths of broken and dotted lines, to section. The FHWA received a comment to add ‘‘motorcycles’’ could have a Section 3B.11 Raised Pavement Markers from a private citizen in Newton, significant impact on agencies, the and revises it to clarify that it pertains Massachusetts stating that it is common FHWA declines incorporating any to the spacing of raised pavement practice in the northeast to paint a changes at this time. This goes beyond markers. single yellow centerline stripe on the scope of this rulemaking and would The FHWA deleted ‘‘on rural narrow or low-volumes streets. The need to be addressed in a future highways’’ from the GUIDANCE commenter suggests additional language rulemaking. statement to clarify that this guidance explaining the use of single yellow 142. In Section 3A.04 Colors, the refers to all roadway types, not just rural centerlines be added to this section to FHWA revises the STANDARD highways. A private citizen expressed account for the proposed changes to statement to clarify the use of black concern that this revision would imply remove the descriptions of longitudinal

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lines from Section 3A.05 Widths and The FHWA received comments from contained within one section. ATSSA Patterns of Longitudinal Pavement two traffic engineering consultants opposed the reference to ‘‘normal’’ lines Markings. As a result of this and other regarding Figure 3B–7, Example of Two- in these two paragraphs, because comments received to the proposed Way Left-Turn Marking Applications. ‘‘normal’’ lines are defined in Section change in Section 3A.05, the FHWA One commenter suggested that the left 3A.05 Widths and Patterns of moves the descriptions of line types to turn arrow at the nose of the left turn Longitudinal Pavement Markings as 4 Section 3A.01 Functions and bay at the major street be required, inches to 6 inches in width. ATSSA Limitations in this final rule. rather than optional. The FHWA suggests that FHWA require 6-inch lines Accordingly, the FHWA believes that believes that a possible upgrade from on all Federal-aid projects, based on a the meaning of solid centerlines will be OPTION or SUPPORT to GUIDANCE is recent study by the Texas clear. Adding additional information a significant change and would require Transportation Institute 27 that 29 States regarding single yellow centerlines discussion and comment in a future are using 6-inch or wider longitudinal requires additional research in the rulemaking. The commenter did not lines on the roadway in at least some future and goes beyond the scope of this present sufficient justification for this applications. However, this study did rulemaking. requirement therefore the FHWA not indicate that 6-inch lines would 145. In Section 3B.02 No Passing declines incorporating this comment. A improve safety or have better visibility Zone Pavement Markings and Warrants, traffic engineering consultant suggested than 4-inch lines. Four-inch lines are the FHWA revises the second that the FHWA establish a phase-in adequate. This is a topic for further STANDARD statement to clarify that no- target compliance date for the spacing of study and possibly a future rulemaking. passing zone markings on approaches to two-way left turn lane pavement Accordingly, the FHWA adopts the highway-rail grade crossings shall markings, which was changed in the changes to this section as proposed in conform with Section 8B.20 Pavement 2000 MUTCD. The FHWA agrees and the NPA. Markings, and eliminates the establishes a five-year phase-in target To respond to a suggestion from a requirement that no passing zone compliance date from the effective date traffic engineering consultant, the markings be used at other appropriate of this final rule for markings in good FHWA changes the STANDARD locations, to be consistent with Part 8 condition. statement to include major driveways in Traffic Controls for Highway-Rail Grade 147. The FHWA received one the locations where edge line markings Crossings, and eliminate overlap with comment from the City of Tucson, shall not be continued and to include more specific requirements for no Arizona, in support of the proposal to major driveways as locations where passing zone markings elsewhere in change the title of Section 3B.04 from dotted edge lines extensions may be Section 3B.02. One commenter from ‘‘Edge Line Pavement Markings and used. The addition of ‘‘major Pierce County, Washington, suggested Warrants’’ to ‘‘White Lane Line driveways’’ will clarify the intent of this clarification in this section, as well as in Pavement Markings and Warrants,’’ and section. Part 8, that No Passing Zone striping is to move the fourth STANDARD The FHWA also adds an OPTION not required on roadways that otherwise statement of Section 3B.04 to Section statement, which states that wide solid have no centerline striping. The FHWA 3B.06 Edge Line Pavement Markings, edge line markings may be used for agrees with this comment and because edge lines are appropriately greater emphasis. Wide edge lines can incorporates this clarification into this covered in Section 3B.06. The FHWA sometimes be useful in reducing run-off- final rule. adopts these changes. the-road crashes at curves and this Additionally, the FHWA revises the 148. In Section 3B.05 Other White option will provide additional third STANDARD statement to clarify Longitudinal Pavement Markings, the flexibility for jurisdictions to use these the dimensions of a no-passing buffer FHWA changes the gap length for lane markings where needed. zone, and to eliminate the buffer zone drop markings from 3.6 m (12 ft) gaps Additionally, in the GUIDANCE dimensions specific to areas where no to 2.7 m (9 ft) gaps in the third OPTION statement, the FHWA clarifies that edge passing zones are required because of statement to be consistent with the ratio line markings should not be broken for limited passing sight distance. There of other marking gaps. While the City of minor driveways, to be consistent with was one comment from the City of Tucson, Arizona, supported this change, other areas of the MUTCD. Tucson, Arizona, supporting this the Wisconsin DOT opposed this The FHWA received a comment from change. revision because they are using a higher the City of Tucson, Arizona, supporting 146. In Section 3B.03 Other Yellow gap ratio. The FHWA changed the gap the changes to this section. Longitudinal Pavement Markings, the spacing in the final rule for the 2000 150. In Section 3B.08 Extensions FHWA revises the text in the first MUTCD, however there were Through Intersections or Interchanges, paragraph of the first STANDARD inconsistencies between the text in the FHWA received two comments from statement to substitute the phrase Section 3B.05 and Figure 3B–10 of the the Wisconsin DOT and a traffic ‘‘normal double’’ for ‘‘two double’’ in 2000 MUTCD. The intent of the engineering consultant regarding the the description of the pavement marking proposed change was merely to correct proposed addition to the GUIDANCE requirements for reversible lanes. In the this inconsistency, and therefore the statement on the placement and third paragraph of the first STANDARD FHWA adopts the wording as proposed dimensions of pavement markings that statement, the FHWA clarifies that the in the NPA. are continued through intersections and pavement marking requirements for a 149. In Section 3B.06 Edge Line interchanges. The traffic engineering two-way left turn lane applies to such Pavement Markings, the FHWA adds to consultant opposed the proposal that lanes that are never operated as a the STANDARD statement text edge lines not be extended into or reversible lane. These changes improve pertaining to left and right edge lines continued through intersections or the clarity of the requirements and that is being moved from Sections 3B.01 provide consistency with requirements Yellow Centerline Pavement Markings 27 ‘‘The Use of Wider Longitudinal Pavement elsewhere in Chapters 3A and 3B. There and Warrants and 3B.04 White Lane Markings,’’ Texas Transportation Institute (TTI) Research Report 0024–1, Timothy J. Gates and H. was one comment from the City of Line Pavement Markings and Warrants. Gene Hawkins, 2002. This report is available at the Tucson, Arizona, in support of these These changes result in all edge line following URL: http://ted.tamu.edu/Documents/02- changes. pavement marking information being 0024-1.pdf.

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interchanges. Accordingly, the FHWA The FHWA adds an OPTION supplement right edge line markings adds an OPTION statement after the statement after the STANDARD unless they are spaced closely enough STANDARD statement to indicate that a statement, which states that blue raised (no greater than 3 m (10 ft) apart) to normal line may be used to extend a pavement markers may be used to mark approximate the appearance of a solid wide line through an intersection. In the positions of fire hydrants. This is line received several opposing addition, the FHWA adds an OPTION common practice in many jurisdictions. comments from the Metropolitan statement after the first GUIDANCE to The FHWA adds a second Planning Organization of Cincinnati, clarify that dotted extensions of edge STANDARD statement describing the Ohio, the City of Phoenix, Arizona, lines may be used as line extensions. spacing for raised pavement markers. traffic engineering consultants, and The FHWA received two comments This statement is moved from Section private citizens. In particular from the NCUTCD and the City of 3A.05 Widths and Patterns of opposition, the bicycle community Tucson, Arizona, supporting these Longitudinal Pavement Markings stated that raised pavement markers changes. (Section 3A.06 in the NPA). cause steering difficulties for bicyclists. The FHWA clarifies the first The FHWA also adds a SUPPORT The NCUTCD and the City of Tucson, paragraph of the second GUIDANCE statement at the end of this section that Arizona, supported the proposed statement by including ‘‘major references the Institute of changes, however these commenters driveways’’ to be consistent with other Transportation Engineers 2001 ‘‘Traffic expressed that more information was 29 changes made in this chapter. Control Devices Handbook’’ for more needed on the proper spacing of raised 151. In Figure 3B–11, Examples of information regarding the spacing of pavement markers. Accordingly, the Extensions through Intersections or raised pavement markings. FHWA does not adopt the proposed Interchanges, the FHWA deletes 155. In Section 3B.12 Raised revision to Item B1 of the GUIDANCE ‘‘Interchanges’’ from the title, because Pavement Markers as Vehicle statement. In the future, the FHWA may this figure does not include Positioning Guides with Other engage in rulemaking to address the use interchanges, and makes other Longitudinal Markings, the FHWA of raised pavement markers on edge modifications to the graphic and legend received one comment from the City of lines in locations where bicycles are not Tucson, Arizona, supporting the for clarity. permitted. changes and comments from the 152. In Figure 3B–12, Examples of In item B.2 of the GUIDANCE NCUTCD and the Ohio DOT suggesting Lane Reduction Markings, the FHWA statement, the FHWA revises the clarifications and reversion back to adds a graphic ‘‘c’’, which was recommended spacing to be used some of the 2000 MUTCD text. contained in the 2000 MUTCD and between raised pavement markers Accordingly, the FHWA withdraws this incorporates modifications in the supplementing broken line markings proposal to indicate that raised graphic to be consistent with changes in from 2N to ‘‘no greater than 3N’’ pavement markers as positioning guides the MUTCD in order to address two because this is an acceptable spacing for should be spaced ‘‘no greater than 3N’’ comments; one from the NCUTCD and most applications. There were no and retains the 2000 MUTCD language the other from the Wisconsin DOT comments regarding this change. (See of the SUPPORT, indicating that typical also the discussion in Section 3B.12 suggesting that graphic ‘‘c’’ be added. spacing for raised pavement markers as 153. In Section 3B.10 Approach Raised Pavement Markers as Vehicle positioning guides is ‘‘2N’’. The FHWA Positioning Guides with Other Markings for Obstructions, the FHWA also revises the second OPTION revises the first STANDARD and Longitudinal Markings regarding Ohio’s statement to the language of the 2000 testing of raised pavement marker GUIDANCE statements to change MUTCD for consistency. spacing.) ‘‘diagonal’’ to ‘‘tapered’’ where it refers To address the Ohio DOT comment Additionally, in item B.5 of the to the line type. This change is as a and provide agencies with flexibility in GUIDANCE statement, the FHWA result of the decision made by the raised pavement marker spacing, the revises the recommended spacing to be FHWA in Official Interpretation #3– FHWA adds an OPTION statement to 28 used between raised pavement markers 156 to correct an error in word usage indicate that a spacing of 3N may be that supplement edge line extensions and clarify the text. The FHWA received used for some applications on freeways through freeway interchanges from N/2 no comments regarding this change. and expressways. A 1997 study by the to ‘‘no greater than N’’ because this is an 154. In Section 3B.11 Raised Ohio Department of Transportation 30 acceptable spacing for most Pavement Markers, the FHWA changes found that 120 foot spacing (3N) spacing applications. There were no comments the first SUPPORT statement to a is adequate in providing guidance to the regarding this change. STANDARD because this is a definition wet-night driver on freeways in some, 157. In Section 3B.14 Raised and all definitions are standards. but not all, circumstances. Pavement Markers Substituting for Because there were several comments 156. In Section 3B.13 Raised Pavement Markings, there were several from the NCUTCD, Caltrans, and a Pavement Markers Supplementing comments from the Washington and traffic control device manufacturer Other Markings, the FHWA’s proposal Ohio DOTs and the City of Plano, Texas, opposed to specifying 10 mm (0.4 in) as to revise item B1 of the GUIDANCE opposing the FHWA’s proposal to revise the height of the retroreflective surface, statement to indicate that raised the required spacing between raised the FHWA withdraws this proposal due pavement markers should not pavement markers, while the NCUTCD to lack of research to support a specific supported the proposed change. The height of retroreflective surface and 29 Traffic Control Devices Handbook,’’ Institute of FHWA modifies the first paragraph of restores the language to that used in the Transportation Engineers (ITE), 2001 is available for the STANDARD statement to clarify 2000 MUTCD, indicating that the height purchase from the ITE Bookstore at the following URL: http://www.ite.org/bookstore/index.asp. raised pavement marker spacing when of the device is at least 10 mm (0.4 in). 30 ‘‘A Field Demonstration and Accident Study of used to substitute for broken line 120-Foot Spacing of Raised Pavement Markers on markings. The FHWA adds language to 28 A copy of the FHWA’s Official interpretation Ohio Freeways,’’ January 2, 1997, by Whit W. clarify spacing for 4 and 5 marker #3–156 is available for downloading from the Wardell and Mohammad M. Khan, is available from American Traffic Safety Services Association the the Ohio DOT Office of Traffic Engineering, 1980 installations, as well as to clarify following URL: http://www.atssa.com/pubinfo/ West Broad Street, Columbus, Ohio 43223, placement of retroreflective or internally downloads/10-16-02a.pdf. telephone number (614) 466–3601. illuminated markers. The FHWA

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eliminates the proposed 10-year phase- compliance with a YIELD HERE TO Additionally, the FHWA adds a new in target compliance date, because no PEDESTRIANS (R1–5 or R1–5a) sign to SUPPORT statement at the end of the new requirements are being imposed. correspond with the addition of this section to emphasize that drivers who The FHWA proposed to revise the new sign to Chapter 2B Regulatory yield too close to crosswalks on multi- second STANDARD statement to change Signs. There were no comments on this lane approaches place pedestrians at the spacing of raised pavement markers change. risk by blocking other drivers’ view of substituting for dotted lines to N/4, The FHWA revises and adds to the pedestrians. There were no comments rather than N/8. The NCUTCD agreed, second GUIDANCE statement to regarding this change. but the City of Plano, Texas, opposed it, enhance pedestrian safety by indicating 160. In Section 3B.17 Crosswalk suggesting that the spacing be ‘‘no the recommended placement of yield Markings, the FHWA received several greater than N/4.’’ The FHWA agrees lines at unsignalized midblock comments from the NCUTCD, Caltrans, with the City of Plano, because it would crosswalks. One private citizen the City of Plano, Texas, and traffic be consistent with the first STANDARD suggested that yield lines extend across engineering consultants regarding statement, and makes this change in this both directions of travel, from sidewalk proposed changes in the second final rule. to sidewalk, on both sides of the GUIDANCE statement increasing the 158. In Section 3B.15 Transverse crosswalk so that all motorists are aware upper limit of the range for spacing Markings, in the first STANDARD of the pedestrian crossing. The FHWA diagonal or longitudinal crosswalk statement the FHWA adds ‘‘yield lines’’ disagrees with this comment because marking lines from 300 to 600 mm (12 and ‘‘speed hump’’ markings to the list drivers are not approaching the to 24 in) to 300 to 1500 mm (12 to 60 of transverse markings required to be crosswalk from the left side of the in) and specifying the relationship white markings. centerline, therefore it would not be between marking spacing and line The FHWA changes the second appropriate to place a yield line all the width. The NCUTCD supported the paragraph of the GUIDANCE statement way across the roadway on both sides of proposed change, and the other to a STANDARD statement, which the crosswalk. comments suggested additional requires that pavement marking letters, The FHWA also adds a new paragraph clarification. In response to these numerals, and symbols be installed in to the second GUIDANCE statement comments, the FHWA revises the first accordance with the Pavement Markings regarding placement of yield lines at GUIDANCE statement to clarify the chapter of ‘‘Standard Highway Signs midblock crosswalks. The Florida DOT width of crosswalks (with transverse book’’ 31 to be consistent with suggested that ‘‘Yield to Pedestrians lines or with diagonal or longitudinal requirements elsewhere in the MUTCD (R1–5 or R1–5a)’’ signs be used in the lines) and to indicate that the width is and to correct an oversight in the 2000 vicinity of transit stops. The FHWA measured as the gap between the inside MUTCD. disagrees with this comment because of the lines. The City of Plano, Texas, There were two comments from the local agencies will likely take the requested that options for different NCUTCD and the City of Tucson, location of transit stops into crosswalk patterns be included in the Arizona, in support of the changes to consideration when determining where MUTCD. This goes beyond the scope of Section 3B.15. midblock crosswalks will be installed. this rulemaking and will have to be 159. In Section 3B.16 Stop and Yield The Oregon DOT requested that an addressed in a future rulemaking. Lines, in the second paragraph of the OPTION be added to allow the use of a 161. In Section 3B.19 Pavement Word first GUIDANCE statement, the FHWA stop line with ‘‘Stop Here for and Symbol Markings, the FHWA clarifies that YIELD signs are an Pedestrians’’ signs at crosswalks not changes the fourth paragraph of the first exception to the recommendations on controlled by a signal, stop sign, or yield GUIDANCE statement to clarify that the the use of stop lines to be consistent sign. The FHWA disagrees with this longitudinal space between word or with the intended use of yield lines. comment, because research has not been symbol message markings does not One traffic engineering consultant conducted to determine if driver apply to the two opposing arrows of a suggested that Stop lines should be an response and obedience to these signs two-way left-turn lane marking. This OPTION, because wide crosswalk lines would be adequate. Research that led to change is in response to a comment work well. This goes beyond the scope the proposal to add the ‘‘Yield Here to from Caltrans requesting clarification. of this rulemaking and would need to be Pedestrians’’ sign and the yield line In addition, the FHWA modifies the addressed in a future rulemaking. The markings for midblock uncontrolled third STANDARD statement to allow NCUTCD, City of Tucson, Arizona, and pedestrian crossings only evaluated the use of STOP markings at the ends of The Association of Pedestrian and driver response to the ‘‘Yield Here aisles in parking lots even though there Bicycle Professionals agreed with ***’’ sign, and did not evaluate a is no STOP sign. The NCUTCD opposed this additional language, and requested changes to this section. The FHWA ‘‘Stop Here * * *’’ sign.32 The FHWA that the language from the 2000 MUTCD adopts the text as proposed in the NPA. adopts the text as proposed in the NPA. The FHWA modifies the OPTION The FHWA also adds a new figure be retained until the broader issue of the statement to clarify that yield lines may numbered and titled ‘‘Figure 3B–15 MUTCD and private property is also be placed at locations where Examples of Yield Lines at Unsignalized addressed. The FHWA adopts the vehicles are to yield to pedestrians in Midblock Crosswalks’’ relating to the changes, as proposed in the NPA, new text, and renumbers all of the because the MUTCD is applicable to 31 ‘‘Standard Highway Signs,’’ FHWA, 2002 following figures in the chapter public and private parking lots in a Edition is available for purchase from the U.S. accordingly. growing number of States, and the Government Printing Office Bookstore, change is very important for parking lot Superintendent of Documenets, Room 118, Federal Building, 1000 Liberty Avenue, Pittsburgh, PA 32 ‘‘Advance Yield Markings Reduce Motor safety. 15222. Internet Web site at http://bookstore.gpo.gov. Vehicle/Pedestrian Confllicts at Multilane 162. In Section 3B.21 Curb Markings, It is also available on the FHWA’s Web site at Crosswalks with an Uncontrolled Approach,’’ by in the first paragraph of the STANDARD http://mutcd.fhwa.dot.gov/ser- Van Houten, Malenfant, and Malenfant, and statement, the FHWA clarifies that the shslmillennium.htm is available for inspection McCusker, 2001. It is available from the Center for and copying at the FHWA Washington Education and Research in Safety, at the following requirement for signs to be used with Headquarters and all FHWA Division Offices as URL: ‘‘http://www.cers-safety.com/ curb markings does not apply if the no prescribed at 49 CFR part 7. advanceyieldmarkings.pdf.’’ parking zone is controlled by statute or

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local ordinance, to minimize by a traffic engineering consultant, this change from the NCUTCD, traffic unnecessary sign clutter. The NCUTCD regarding yield lines in roundabout control device manufacturers, and State and the City of Tucson, Arizona, intersections. These minor changes to DOTs, many in favor and requesting that supported this change. In response to a the SUPPORT, OPTION, and figures do colored pavement for bicycle lanes also comment from a private citizen, the not impose any new requirements and be included. One commenter from the FHWA adds additional clarity by are considered editorial in nature. Arizona DOT expressed concern that the inserting an OPTION statement 165. In Section 3C.01 Object Marker use of colored pavement may be indicating that curb markings without Design and Placement Height, the expanded and used inappropriately, in signs or word markings may be used to FHWA adds to the text of the first the absence of further direction. The convey a general prohibition of parking STANDARD statement the sign numbers FHWA adopts the language as proposed within a specified distance of a stop for Type 1 markers for clarity. The in the NPA. The use of colored sign, driveway, fire hydrant, or FHWA also adds text to reflect the pavement in bicycle lanes is currently crosswalk. FHWA’s Official Interpretation #3– under experimentation and may be 163. In Section 3B.22 Preferential 155(I) 33 to clarify the text for Type 2 appropriate for discussion in a future Lane Word and Symbol Markings, the markers. The FHWA inserts that the rulemaking. FHWA adds to the second STANDARD minimum width of both the yellow and Additionally, in the first GUIDANCE statement that more than one symbol or black stripes on a Type 3 striped marker statement, the FHWA adopts text that word marking can be used to mark a shall be 75 mm (3 in), to provide for recommends that colors that degrade the preferential lane, that the word message uniformity of appearance of these contrast of white crosswalk lines, or that ‘‘HOV’’ is acceptable as a preferential markers. The FHWA establishes a 10- might be mistaken by road users as a marking (relocating this from the year phase-in target compliance date traffic control application, not be used OPTION statement), and that the ‘‘T’’ from the effective date of this final rule for colored pavement located between marking shall be the light rail transit for existing markers in good condition. crosswalk lines. Four commenters, preferential lane symbol. Additionally, One commenter suggested that there representing associations for the blind, in the same STANDARD statement, the be a maximum width specified for the agreed with this statement. FHWA requires that symbol or word stripes. The FHWA has no information Discussion of Adopted Amendments to markings for each preferential lane use regarding a reasonable maximum width Part 4—Highway Traffic Signals be installed if two or more preferential and therefore additional research is lane uses are permitted in a single lane. necessary. This issue may be the subject 169. In Section 4A.02 Definitions These changes provide uniformity for of a future rulemaking. Relating to Highway Traffic Signals, the marking of multi-use preferential lanes 166. In Section 3D.01 Delineators, the FHWA removes the definition of and provide a distinctive symbol for FHWA changes the STANDARD ‘‘Emergency Beacons’’, to correspond light rail transit. The NCUTCD and the statement indicating that delineators are with FHWA’s decision to remove the Florida DOT supported this change. considered guidance devices rather than proposed section numbered and titled Caltrans opposed the ‘‘T’’ marking, warning devices to a SUPPORT in the NPA ‘‘Section 4F.04 Emergency stating that the ‘‘T’’ marking could be statement to be consistent with other Beacon’’ from this final rule (see mistaken as the abbreviation for other parts of the MUTCD. Two commenters discussion of Section 4F.03 Operation of uses (such as taxis, trams, and trains). from the NCUTCD and the City of Emergency-Vehicle Traffic Control The FHWA adopts the wording as Tucson, Arizona, supported this change. Signals). proposed in the NPA. While possible 167. In Section 3D.04 Delineator The FHWA received three comments future research may find that there is a Placement and Spacing, in response to from the Missouri DOT and the cities of better marking, there are currently very a comment from a traffic engineering Tucson, Arizona, and Plano, Texas, few applications of exclusive light rail consultant, the FHWA adds to the first opposed to the proposal to revise the transit lanes on street. If a better symbol GUIDANCE statement a description of definition of ‘‘Pedestrian Clearance is indicated by research in the future the the three ways that delineators can be Time’’ to correspond to proposed FHWA will address this accordingly in mounted with guardrail. This text is changes in the standards contained in a future rulemaking. needed for consistency with the notes in Section 4E.10 Pedestrian Intervals and 164. In Section 3B.24 Markings for Figure 3D–1 and to reflect common Signal Phases. The commenters stated Roundabout Intersections, the FHWA practices. that defining pedestrian clearance time adds a new STANDARD statement, 168. In Section 3E.01 Colored as a standard eliminates the flexibility which prohibits marking bicycle lanes Pavements, the FHWA makes several in calculating clearance time. The on roundabout intersections. Many changes to reflect that red colored FHWA disagrees with the commenters comments, especially from the bicycling pavement is no longer being considered because this definition must correspond community, agreed with this statement. a traffic control device. The FHWA adds to the text of Section 4E.10, and in that As a result of a comment from the to the SUPPORT statement that colored section, the FHWA adopts the provision New York DOT, the FHWA changes pavement located between the to calculate pedestrian clearance time Item C of the SUPPORT statement to crosswalk lines is not considered to be from curb to curb and not to allow clarify that the flare or widening for a a traffic control device. The FHWA clearance time to be calculated to the roundabout intersection approach removes item A of the STANDARD middle of the farthest lane. (See should allow for proper operation as statement concerning when the color discussion of Section 4E.10.) The needed. This is a critical characteristic red is used, and removes the second FHWA adopts the language as proposed of a modern roundabout intersection. In GUIDANCE statement concerning how in the NPA. addition, the FHWA adds a paragraph to the color red is used. The FHWA The FHWA also received two the last OPTION statement regarding the received several comments regarding comments from the NCUTCD and the option of using yield lines in City of Plano, Texas, requesting that the roundabout intersections. The FHWA 33 A copy of the FHWA’s Official Interpretation new definitions for ‘‘Separate Left Turn number 3–155(I) is available from the American also adds yield lines to the figures Traffic Safety Services Association’s web site at the Signal Face,’’ and ‘‘Shared Left Turn illustrating roundabout intersection following URL: http://www.atssa.com/pubinfo/ Signal Face’’ be deleted, because these markings to correct an omission noted downloads/5-31-02b.pdf. phrases are described in Section 4D.06

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Application of Steady Signal Indications public transit interests be incorporated The FHWA received one comment for Left Turns, and the definitions are when determining the need for from Caltrans opposed to the proposal not completely consistent with practice installing a traffic control signal. The to allow the OPTION of using the left- in some areas of the country. The commenter suggested that either a ninth turn volume on the major-street as the FHWA disagrees with these comments warrant be added to recognize the minor-street volume and the and adopts the language because special needs associated with bus corresponding single direction of different jurisdictions do have their own operations, or one of the current eight opposing traffic as the major street accepted definitions for these terms that warrants be modified to recognize volume. The commenter felt that this are not necessarily consistent with the public transit needs. This goes beyond would allow signals to be installed at MUTCD, thus it is important to have the the scope of this rulemaking. Research non-intersection locations. The FHWA MUTCD definitions for these terms has just started regarding this issue,34 disagrees with the commenter because stated at the beginning of this part to and this topic may be suitable for a this is an OPTION statement and need avoid misunderstanding. future rulemaking action. not be applied. There are many 170. In Section 4B.02 Basis of locations, such as left turns onto Installation or Removal of Traffic 173. In Section 4C.01 Studies and freeway ramps, where the left turn Control Signals, the FHWA received one Factors for Justifying Traffic Control versus opposing through movement comment from Caltrans regarding the Signals, the FHWA received two conflict creates the need for a signal. proposal to remove the maximum time comments from Caltrans and the The FHWA adopts the language as limit of one year for signal poles and Minnesota DOT opposed to the proposed in the NPA. cables to remain in place after removal recommendation in the GUIDANCE The FHWA received four comments of the signal heads from item E of the statement, which states that a traffic from Caltrans, the Kansas DOT, the OPTION statement. The commenter control signal installed under projected Association of Pedestrian and Bicycle requested deleting this OPTION and not conditions should be studied again Professionals, and a traffic engineering allowing poles to remain in place after within one year after placing it in stop- consultant in general agreement with removal of a signal, because the and-go operation to determine if it is adding item H to the OPTION statement, commenter believes that this practice still justified and, if it is not justified, it which indicates that bicyclists may be could result in a potential safety hazard should be taken out of stop-and-go counted as either vehicles or and maintenance responsibilities. The operation or removed. Both commenters pedestrians when studying the need for FHWA adopts the wording proposed in stated that conducting these follow-up a traffic control signal. To add clarity the NPA, because leaving the poles in studies would take additional and consistency for how this is applied, place is only an option, and agencies manpower and could be politically as suggested by the Kansas DOT, the can remove poles if they believe them sensitive. Additionally, the Minnesota FHWA revises this section and includes to constitute a significant safety problem DOT suggested that Section 4B.02 Basis this information as a new paragraph and/or if they are reasonably certain that of Installation or Removal of Traffic within the OPTION and adds a new the signal would never be placed back Control Signals already contains SUPPORT statement indicating that into service. information related to removing traffic bicyclists are usually considered as 171. In Section 4B.03 Advantages and control signals. The Minnesota DOT vehicles when they are riding in the Disadvantages of Traffic Control Signals, also noted that the one-year requirement street, and as pedestrians when they are the FHWA received four comments from would conflict with Warrant 8, which clearly using pedestrian facilities. the NCUTCD, local DOTs, and a private states that one can use projected 174. In Section 4C.02 Warrant 1, citizen regarding the proposal to revise volumes five years out. The FHWA Eight-Hour Vehicular Volume, the item B of the second paragraph of the revises the language to add, ‘‘Except for FHWA received several comments SUPPORT statement to suggest that locations where the engineering study regarding the proposal to add a new signal timing review and updating be uses the satisfaction of Warrant 8 to OPTION statement to explain the use of conducted if needed and that every two justify a signal’’ at the beginning of the 56 percent traffic volumes under certain years is just one of several possible second sentence, in order to correct the conditions and modify Table 4C–1 to frequencies of review. The private stated conflict of the proposed language include additional criteria for a citizen suggested that the timeframe with Warrant 8. In terms of the combination of Conditions A and B as reference be lengthened to ‘‘at least additional manpower that could reflected in the text. Three commenters, every five years’’ and strengthened to a potentially be required to conduct including the NCUTCD, the Ohio DOT, STANDARD in order to encourage studies, the FHWA believes that the and the City of Tucson, Arizona, agreed jurisdictions to maintain traffic signal number of follow-up studies that would with the use of the 56 percent traffic timings. The NCUTCD and the cities of need to be conducted would be few and volumes. However, six commenters, Tucson, Arizona, and Plano, Texas, that, in many cases, the jurisdiction including Caltrans, the Kansas and opposed a reference to any specific time could require the studies to be North Carolina DOTs, the City of frame, and suggested that the timeframe completed by the developer’s traffic Kennewick, Washington, and a private be determined by engineering judgment. engineer. The FHWA adopts the citizen, were opposed to the use of the The FHWA agrees with the concept of language as proposed in the NPA with 56 percent volumes, stating that the these comments and revises the the above-mentioned modification to reduced volume allows signals to be sentence to delete the timeframe avoid conflict with Warrant 8. installed at locations with low volumes. reference and to include engineering The FHWA believes that the use of the judgment and significant traffic flow 56 percent volumes has been 34 ‘‘Improving Pedestrian Safety at Unsignalized and/or land use changes in determining Roadway Crossings’’ is a research study that is successfully applied in the past by the frequency of the review of signal currently in progress. This is a joint effort between many jurisdictions and should be timing. the National Cooperative Highway Research allowed. Because it is an OPTION, 172. In Chapter 4C Traffic Control Program (NCHRP) and the Transportation jurisdictions have the ability to decide Cooperative Research Program (TCRP). The study is Signal Needs and Studies, the FHWA numbered NCHRP Project 3–71 and TCRF D–08. whether or not this option will be used. received one general comment from a Information is available at the following URL: The FHWA adopts the 56 percent traffic engineering consultant that http://rip.trb.org. column in the table as proposed.

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175. In Section 4C.05 Warrant 4, suggested that these words need to be 44) 35 issued in 1987 is not affected by Pedestrian Volume, based on a comment retained to cover situations where minor this ‘‘new’’ 10-year phase-in target from the NCUTCD, the FHWA removes driveways or extremely low-volume compliance date. The 1987 ruling was the second sentence under item A of the roadways intersect within the controlled that all ‘‘half-signals’’ (signalized GUIDANCE statement. The NCUTCD area. The FHWA withdraws this pedestrian crossings where only the suggested that it is not necessary to proposal and retains the existing major street and the pedestrian describe the type of actuated operation language in the 2000 MUTCD. crosswalk are provided with signal that should be used at a traffic control The FHWA adds a STANDARD indications, and the minor street is stop- signal, if this warrant is met. The FHWA statement prior to the GUIDANCE sign controlled) located ‘‘at’’ agrees that the sentence is unnecessary reiterating text that also appears in intersections had to be either relocated and duplicative of the first sentence and Chapter 4C Traffic Control Signal Needs to a midblock location or modified to makes this minor editorial change to Studies, that restricts signalization of include signalization of the minor street remove this sentence in this final rule. midblock crosswalks if they are located approaches by December 31, 1996. That 176. In Section 4C.06 Warrant 5, date still applies to such non- School Crossing, based on a comment within 90 m (300 ft) from the nearest traffic control signal, unless the conforming signals that were in place as from the NCUTCD similar to its of the 1987 ruling. (Some of the ‘‘half- comment on Section 4C.05 suggesting proposed traffic control signal will not restrict the progressive movement of signals’’ still have not been relocated or that it is not necessary to describe the modified.) The new 10-year date is type of actuated operation that should traffic. The FHWA believes that repeating the STANDARD found intended to apply only to ‘‘half-signals’’ be used at a traffic control signal, if this installed after 1987 that may not be warrant is met, the FHWA removes the elsewhere in Part 4 will improve the chances of readers properly applying immediately at the intersection but are second sentence under item A of the within 100 feet of a side street or GUIDANCE statement. this restriction. The FHWA adds this statement based on a comment received driveway controlled by stop or yield 177. In Section 4C.08 Warrant 7, signs. Crash Experience, the FHWA received from the NCUTCD recommending this change. 179. In Section 4D.03 Provisions for several comments from the NCUTCD, Pedestrians, the FHWA received one Caltrans, the City of Kennewick, The FHWA also received three comment from a traffic engineering Washington, and a private citizen comments regarding the GUIDANCE consultant suggesting that consideration regarding the proposed OPTION statement that the location of signalized of accessible pedestrian signals be an explaining the use of 56 percent traffic midblock crosswalks should be at least OPTION, rather than GUIDANCE. The volumes. The comments were similar to 30 m (100 ft) away from adjacent stop FHWA strongly disagrees because this those received regarding similar or yield controlled driveways or streets. GUIDANCE merely recommends proposed wording in Section 4C.02 The NCUTCD suggested revised accessible pedestrian signals ‘‘where Warrant 1, Eight-Hour Vehicular wording to clarify that midblock appropriate’’ and refers to Sections Volume. The FHWA adopts the 56 crosswalks should not be signalized if 4E.06 Accessible Pedestrian Signals and percent column in the table as discussed they are located within 30 m (100 ft) 4E.09 Accessible Pedestrian Signal in Section 4C.02. from adjacent stop or yield controlled Detectors. In those sections, there is 178. In Section 4D.01 General, the driveways or streets. The FHWA agrees guidance on what conditions should FHWA removes from the STANDARD with this recommendation and adopts prompt a study and what factors should statement the requirement that a traffic this in this final rule. One commenter be considered, but the decision to use control signal be operated in either a from the City of Tucson, Arizona, the device is optional. The FHWA steady (stop-and-go) mode or a flashing suggested that there are some situations strongly supports provisions in the mode at all times. That former where a signalized midblock crossing MUTCD that provide accommodations requirement was in conflict with other would be less than 30 m (100 ft), and STANDARD statements in Chapter 4E for all pedestrians and road users. In therefore the wording should be addition, the FHWA feels that by that require flashing indications changed to allow flexibility. The FHWA (flashing UPRAISED HAND pedestrian including this as a GUIDANCE, it will disagrees with the commenter because encourage more traffic engineers to signal indications) to be displayed the suggested wording will diminish the during an otherwise steady mode of consider issues involving pedestrians text to the point where it is meaningless. with disabilities. The FHWA adopts the traffic control signal operation. This Because this is a GUIDANCE, conditions change allows practitioners the changes to this section as proposed in where there is a good engineering the NPA. flexibility to use flashing indications reason to deviate would still be able to along with steady indications where 180. In Section 4D.04 Meaning of be accommodated without violating the Vehicular Signal Indications, the FHWA appropriate in a signal sequence to MUTCD. A traffic engineering improve the efficiency or safety of the received several comments from the consultant questioned the five-year NCUTCD, State DOTs, and a private intersection. The FHWA received phase-in target compliance date, stating comments from the NCUTCD and the citizen regarding the proposal to remove that it would be a burden for the phrase ‘‘unless otherwise U.S. Access Board supporting the jurisdictions to address existing removal of this requirement, and the determined by law’’ from the beginning locations where signalized midblock of the STANDARD statement. While the FHWA adopts it. crosswalks did not meet the new criteria The FHWA received two comments NCUTCD and a private citizen were in within a five-year timeframe. from the NCUTCD and the Wisconsin favor of the change, the Ohio, North Accordingly, the FHWA changes the DOT opposed to the removal of ‘‘within Carolina, Florida, and Oregon DOTs phase-in target compliance date from or’’ from item B of the STANDARD were opposed to it. Those opposed were five years to 10 years from the effective statement describing exceptions to concerned that the removal of the date of this final rule. locations where STOP signs shall not be However, the FHWA clarifies that the 35 Official Ruling IV–8 (Sg.–44) is described on placed in conjunction with any traffic page OR–IV–4 of the 1988 edition of the MUTCD. control signal operation. The FHWA December 31, 1996, compliance date This ruling was published in a final rule in 1987 agrees with the commenters who established in Official Ruling IV–8 (Sg– in the Federal Register at 52 FR 7126.

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phrase would cause legal issues within a steady circular yellow signal 183. In Section 4D.09 Unexpected their respective States. The FHWA indication may be displayed to an Conflicts During Green or Yellow adopts the changes as specified in the approach from which drivers are Intervals, the FHWA received comments NPA, because the intent of this change turning left. The commenters were from the NCUTCD and the City of is to enhance traffic safety by particularly concerned with signal Tucson, Arizona, regarding the revision encouraging national uniformity displays that result in what is referred to item A of the STANDARD statement. between States in the meaning of traffic to as the ‘‘yellow trap.’’ A ‘‘yellow trap’’ These commenters were concerned signal indications. occurs when drivers in the opposing about the proposal to add an exception The FHWA received several direction are not simultaneously being for the situation regarding U-turns as comments from Caltrans, the Minnesota shown a circular yellow indication. This described in item F.2 of Section 4D.05 DOT, the U.S. Access Board and the can lead to drivers who are attempting Application of Steady Signal Indications Association of Pedestrian and Bicycle to make a permissive left turn falsely to the prohibition of displaying a steady Professionals regarding the addition to thinking that the opposing traffic is GREEN ARROW or YELLOW ARROW item A.3 that the pedestrian does not coming to a stop. The Minnesota and signal indication to vehicular automatically have the right of way Oregon DOTs are opposed to allowing movements that conflict with other when starting to cross at the time that any situations in which the ‘‘yellow vehicles moving on a green or yellow a green signal is first shown. The trap’’ can occur. The FHWA recognizes signal indication. (See the discussion commenters generally opposed this that there are some locations where no regarding Section 4D.05) Accordingly, addition, thinking that it was actually in other signal sequence other than one the FHWA revises item A to be conflict with State laws that require that includes a yellow trap is reasonably consistent with the changes in Section vehicles to yield to pedestrians. Some feasible due to unique combinations of 4D.05 that change the text to an slower drivers who enter the intersection geometrics and traffic OPTION. intersection during the last moments of volumes. Accordingly, the FHWA 184. In Section 4D.10 Yellow Change the yellow change interval or red revises item B.4(c) to account for such and Red Clearance Intervals, the FHWA clearance interval may not clear the conditions. Additionally, based on received several comments from intersection before the start of the next changes in Section 2C.39 Traffic Signal Caltrans, AAA, and a private citizen movement’s green interval. Pedestrians Signs, the FHWA revises the legend of proposing changes to how the yellow should have a legal requirement to let the W25–1 and W25–2 signs item B.4(c) change interval and the red clearance this traffic exit the intersection before and (d) to clarify their message, and to interval are calculated. These comments stepping into the path of an oncoming be consistent with Section 2C.39. go beyond the scope of this rulemaking, vehicle. The FHWA adopts the text as and would need to be addressed in a The FHWA received comments from proposed in the NPA, which future rulemaking. the NCUTCD, Caltrans, the North corresponds to recent changes in the 185. In Section 4D.12 Flashing Carolina DOT, and the City of Uniform Vehicle Code.36 Operation of Traffic Control Signals, the The FHWA received one comment Kennewick, Washington, opposed to FHWA received two comments from the from the North Carolina DOT opposing adding to item F.2 of the STANDARD cities of Tucson, Arizona, and the addition to item C.2 that a turn on statement that would require the use of Kennewick, Washington, in agreement a RED ARROW signal indication after a ‘‘U Turn Yield to Right Turn’’ sign and two comments from Caltrans and stopping is allowed only when a sign is when U-turns on a green arrow signal the Wisconsin DOT opposed to revising in place permitting the turn on red conflict with right turns on a green the GUIDANCE statement to eliminate arrow (to conform to the Uniform arrow signal. While the North Carolina the word ‘‘maximum’’ in describing the Vehicle Code) and the corresponding DOT agreed with the proposed change duration of six seconds for a steady red removal of the existing OPTION to advise U-turn motorists to yield, the clearance interval in the change from statement at the end of the section remaining commenters felt that drivers red-red flashing mode to steady (stop dealing with right-turn on a red arrow. would not understand the proposed and go) mode. Caltrans felt that the time The commenter felt that the meaning wording on the sign and that additional duration should not be fixed at a and application of red signal indications research is necessary. The FHWA specific number of seconds because of should be the same for red balls and concurs and, because there is no data to difficulties in timing the interval arrows. FHWA disagrees because it support or refute those concerns, the exactly. The FHWA disagrees with the believes that national uniformity and FHWA changes this to an OPTION opposing comments because less than traffic safety will be best served by the statement, allowing the use of the sign six seconds is not enough time to text as proposed in the NPA. The FHWA but not requiring it. This OPTION recognize that the signal has stopped adopts the proposed text. statement is located at the end of the flashing, and more than six seconds is 181. In Section 4D.05 Application of section. The FHWA also modifies too long, creating unnecessary Steady Signal Indications, the FHWA Section 2B.45 Traffic Signal Signs congestion at the intersection. Also, received several comments from the accordingly. modern traffic signal control equipment NCUTCD, State and local DOTs, 182. In Section 4D.06 Application of provides accurate digital timing of an regarding additions and revisions to Steady Signal Indications for Left Turns, interval such as this. The FHWA adopts item B.4 of the STANDARD statement. the FHWA received several comments the language as proposed in the NPA. This item lists conditions under which from the NCUTCD, Caltrans, and the 186. In Section 4D.15 Size, Number, Oregon and Minnesota DOTs suggesting and Location of Signal Faces by 36 The ‘‘Uniform Vehicle Code and Model Traffic clarifying language to item A in the Approach, the FHWA received two Ordinance,’’ 2000 edition, is published by the STANDARD statement that provides for comments from AAA and Caltrans National Committee on Uniform Traffic Laws and Ordinances (NCUTLO), 107 S. West Street, #110, the use of separate or shared left turn suggesting stronger language to require Alexandria, Virginia 22314. It is available for signal faces and separate signal face the use of 300 mm (12 inch) signal inspection at the FHWA Office of Transportation sequences for ‘‘permissive only’’ mode heads, rather than 200 mm (8 inch) Operations, 400 7th Street, SW., Room 3408, of operation. The FHWA agrees and signal heads in order to improve Washington, DC 20590, as prescribed at 49 CFR part 7. Purchase information is available on the Web site includes additional clarifying language visibility and safety. Because there were for NCUTLO at http://www.ncutlo.org. in this final rule. no changes to this wording proposed in

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the NPA, such a change is outside the received for Section 4D.04 Meaning of revises the language to state that all new scope of this rulemaking and would Vehicular Signal Indications suggesting pedestrian signal head installations need to be addressed in a future that the change was in conflict with shall consist of solid symbolized rulemaking. State laws that require vehicles to yield messages and that existing pedestrian The FHWA received eleven comments to pedestrians. Some slower drivers who signal head indications with lettered or from the NCUTCD, State and local DOTs enter the intersection during the last outline style symbol messages may be and a private citizen regarding the moments of the yellow change interval retained for the remainder of their proposal to increase the maximum or red clearance interval may not clear useful service life. allowable distance for 300 mm (12 inch) the intersection before the start of the The FHWA received several far side signal heads (without a next movement’s green interval. comments from representatives of the supplemental near-side signal head) Pedestrians should let this traffic exit blind community requesting the from the stop line to 55 m (180 ft) based the intersection before stepping into the addition of a new statement indicating on local engineering judgment. Eight path of an oncoming vehicle. The that the intensity of LED pedestrian commenters, representing the North FHWA received one comment from the signal indications should respond to Carolina DOT, Palm Beach, Pinellas, City of Tucson, Arizona, in support of ambient light. The concern is that Miami-Dade, Sarasota, and Broward the proposed change. The FHWA adopts during daytime conditions, persons counties in Florida, the City of Boca the text as proposed in the NPA, which with low vision benefit from pedestrian Raton, Florida, and a private citizen corresponds with recent changes in the signal indications displayed at their strongly supported the change. Three Uniform Vehicle Code. maximum intensity, and at night signals commenters from the NCUTCD, the 189. In Section 4E.03 Application of at maximum intensity create glare Minnesota DOT, and the City of Plano, Pedestrian Signal Heads, the FHWA conditions for people with low vision, Texas, were opposed to it, stating received one comment from Caltrans making it difficult for them to see concerns about older drivers, poor opposing the proposal to delete item D crosswalk lines and other features that weather conditions, and need for of the STANDARD statement. The aid crossing. The addition of a statement additional research data. The FHWA commenter cited potential safety regarding ambient light could have disagrees with those opposed because reasons for objecting to the change in potentially significant impacts on experience has shown that 12 inch this section. The FHWA agrees and agencies and thus must be addressed in signals are adequately visible from 180 revises the statement to clarify that that a future rulemaking. This would require feet away in most circumstances, and pedestrian signal heads are required at inclusion in a future NPA for public this change will provide considerable locations where engineering judgment review and comment. Accordingly, the cost savings for State and local agencies. determines that multiphase signal FHWA declines to address this If an agency does not want to place indications would confuse pedestrians comment at this time. signal heads more than the previous using a crosswalk guided only by The FHWA adds a seventh paragraph 150-foot distance, they are not required vehicular signal indications. The to the STANDARD statement to specify to do so. The FHWA adopts the language in the 2000 MUTCD implied language as proposed in the NPA. that all multiphase signals needed the flash rate for the flashing upraised 187. In Section 4D.18 Design, pedestrian signals, even in the absence hand pedestrian signal head indication Illumination, and Color of Signal of any pedestrian activity. to be consistent with flash rates Sections, the FHWA removes the 190. In Section 4E.04 Size, Design, specified in other sections of Part 4. GUIDANCE statement concerning the and Illumination of Pedestrian Signal There were no comments on this change color of signal housings because there is Head Indications, the FHWA received and the FHWA adopts this change. no consensus that yellow signal several comments from NCUTCD, Additionally, the FHWA adds an housings are universally best in all of organizations representing the blind OPTION statement and a STANDARD the various environments. In actual community as well as State and local statement at the end of the section to practice, far fewer than 50 percent of the DOTs regarding the proposal in the first allow and describe the use of an signal heads in the United States are paragraph of the STANDARD statement animated eyes symbol on pedestrian highway yellow. California, New York, that symbolized messages for pedestrian signal heads. Three commenters from and many other very large jurisdictions signal heads are required to be solid and the Kansas and Minnesota DOTs require signal heads to be other colors, not allowing the use of ‘‘outline style’’ opposed these additions, stating that the such as green, black, gray, or brown. symbols. Five commenters representing animated eyes might be confusing to Some states require the front surfaces of NCUTCD and organizations associated pedestrians and questioning their the housings to be black while painting with the blind were in favor of the effectiveness. The FHWA disagrees with the back surfaces of the housing yellow. proposed language, while four the comments because research 37, 38 has The FHWA received one comment from commenters representing the New York documented benefits to alerting the City of Tucson, Arizona, supporting DOT, the cities of Kennewick, pedestrians to look both ways for the removal of this GUIDANCE. The Washington, Salt Lake City, Utah, and approaching vehicles. Because use of FHWA adopts the removal in the final Tucson, Arizona, and a private citizen these symbols in an option, jurisdictions rule. opposed the language. Those opposed to can decide not to use this device. 188. In Section 4E.02 Meaning of the language expressed concern that Pedestrian Signal Head Indications, the countdown style pedestrian signals 37 Use of Animation in LED Pedestrian Signals to FHWA received several comments from would not be permitted, because many Improve Pedestrian Safety, Ron VanHouten, et al., the U.S. Access Board and organizations of those that are currently available ITE Journal, February 1999. This issue of ITE Journal is available for purchase from the Institute representing the blind community commercially are of the outline style, of Transportation Engineers at http://www.ite.org opposed to the revision of item A of the and that new light emitting diode (LED) and click on ‘‘Bookstore’’. STANDARD statement to indicate that a style outline symbol pedestrian signal 38 Use of Animated LED ‘Eyes’ Pedestrian Signals pedestrian does not automatically have heads that have recently been installed to Improve Pedestrian Safety, Florida Department of Transportation, January 2000. It is available at the the right of way when starting to cross in cities such as Salt Lake City, Utah following URL: http://www11.myflorida.com/ when a WALK signal is first shown. have been favorably received. To safety/ped_bike/handbooks_and_research/research/ These comments were identical to those address these comments, the FHWA led_eyes.pdf.

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191. In Section 4E.06 Accessible the beginning of the next countdown. remaining sections in Chapter 4E Pedestrian Signals, there were several The FHWA also clarifies the third accordingly. To minimize any impact on comments from the Minnesota DOT and STANDARD statement to indicate that State or local governments, the FHWA representatives of the blind community countdown displays shall not be used establishes phase-in target compliance regarding the proposed addition to the during the walk interval nor during the dates of 10 years for the hardware and second paragraph of the fourth yellow change interval of a concurrent three years for the operational GUIDANCE statement on how sound vehicular phase. requirements (sequence of display, pressure levels of the accessible walk The FHWA clarifies the first timing, etc.) for existing countdown signal tone should be measured. Based GUIDANCE statement to reflect the way pedestrian signals in good condition. on those comments, the FHWA revises that the countdown timing is controlled 193. In Section 4E.08 Pedestrian the statement to indicate that the sound as compared to the timing of the Detectors, (numbered as Section 4E.07 pressure level should conform to the flashing DON’T WALK interval. Most in the 2000 MUTCD), the FHWA requirements of ISO 1996–1:1982 and countdown devices manufactured today removes from the last STANDARD ISO 1996–2:1987,39 rather than contain timers external to the signal statement the sentence that instructional explicitly stating the method to be used controller and they ‘‘learn’’ how long signs are not required if special purpose when measuring sound pressure levels. the flashing DON’T WALK is and adjust pushbuttons are used. The current 192. The FHWA received several themselves to time out so that the zero design of special purpose pushbuttons comments from NCUTCD, State and will be reached at the end of the does not require a sign to make users local DOTs, representatives of the blind flashing DON’T WALK. This creates a aware of their intended purpose. community and private citizens logistical problem for signalized Additionally, the FHWA adds to the regarding the proposal to add a new midblock crosswalks or exclusive third GUIDANCE statement comparable section numbered and titled ‘‘Section ‘‘scramble’’ pedestrian phases. The text that the special purpose 4E.07 Countdown Pedestrian Signals’’ countdown timer of most existing pushbuttons do not need an containing OPTION, STANDARD, and devices will not be able to make the zero instructional sign. One commenter from GUIDANCE statements on the design, occur four seconds prior to the end of the City of Tucson, Arizona, was in use, and operation of countdown flashing DON’T WALK, which is timed support of all proposed changes to the pedestrian signals. Countdown by the controller. The solution for the section. pedestrian signals have been shown by midblock pedestrian signal situation is The FHWA received several research and experimentation in a to set the flashing DON’T WALK comments from the U.S. Access Board variety of cities, such as San Jose, interval to be 4 seconds less than the and from organizations representing the California,40 to be beneficial to calculated required ‘‘pedestrian crossing blind community regarding the proposal pedestrians by providing additional time’’ and to also include a 4 second to add an OPTION statement at the end information to help pedestrians judge ‘‘red clearance’’ interval for the of the section to allow the use of special the time remaining to cross the street. controller phase that times the pedestrian detectors to provide Uniformity in the design and operation pedestrian WALK—DON’T WALK. additional crossing time for pedestrians of countdown pedestrian signals is During the red clearance interval, a with special needs. Those comments needed to minimize pedestrian steady DON’T WALK is displayed to the indicated that an extended pushbutton confusion. Many commenters, including crosswalk while vehicular traffic press is the preferred method of calling the NCUTCD, the City of Tucson, continues to have red signals. The for extra pedestrian time. Based on the Arizona, Lake County, Illinois, and the pedestrian clearance time is thus the comments, the FHWA revises the Association of Pedestrian and Bicycle sum of the flashing DON’T WALK time wording to state, ‘‘At signalized Professionals were in agreement with plus the 4 second red clearance. This locations with a demonstrated need and adding the new section, and the method will produce a display for the subject to equipment capabilities, NCUTCD had comments and pedestrian that is identical to what he/ pedestrians with special needs may be suggestions regarding the specific she would see with a countdown at a provided with additional crossing time wording. Based on the comments crosswalk that has concurrent vehicular by means of an extended pushbutton received, the FHWA clarifies the movements. Accordingly, the FHWA press.’’ OPTION statement to indicate that the clarifies the GUIDANCE statement to 194. In Section 4E.09 Accessible countdown display informs pedestrians read: Pedestrian Signal Detectors, (numbered of the number of seconds remaining in as Section 4E.08 in the 2000 MUTCD), If used with a pedestrian signal head that the pedestrian change interval (rather the FHWA changes the SUPPORT does not have a concurrent vehicular phase, statement to a STANDARD statement for than the number of seconds remaining the pedestrian change interval (flashing to cross the street, as proposed in the UPRAISED HAND) should be set to be consistency because other definitions in NPA). Additionally, the FHWA clarifies approximately four seconds less than the the MUTCD are standards. Additionally, the second STANDARD statement to required pedestrian crossing time (see the FHWA relocates the existing first reflect that after the countdown displays Section 4E.10) and an additional clearance STANDARD statement to become part of zero, the display shall remain dark until interval (during which steady UPRAISED the new first STANDARD statement at HAND is displayed) should be provided prior the beginning of the section. There were to the start of the conflicting vehicular phase. 39 no comments on these changes, and the These standards are available from the In this case, the countdown display of the International Organization for Standardization web FHWA adopts these changes. site at the following URL: http://www.iso.ch/iso/en/ number of remaining seconds should be displayed only during the display of the The FHWA received several CatalogueListPage.CatalogueList. comments from organizations 40 Pedestrian Countdown Signals: An flashing UPRAISED HAND, should display Experimental Evaluation, Volume 1, by Jan L. zero at the time when the flashing UPRAISED representing the blind community Botha, Aleksaner A. Zabyshy, and Jennifer E. Day— HAND changes to steady UPRAISED HAND, opposed to the proposal to retitle Figure San Jose State University, Department of Civil and and be dark during the additional clearance 4E–2 from ‘‘Recommended Pushbutton Environmental Engineering, and by Ron L. interval prior to the conflicting vehicular Locations for Accessible Pedestrian Northhouse, Jaime O. Rodriguez, and Tamara L. phase. Nix—City of San Jose Department of Signals’’ to ‘‘Typical Locations for Transportation, May, 2002. A copy is available on The FHWA adopts this new Section Accessible Pedestrian Signals,’’ because the docket. 4E.07 with changes and renumbers the these locations for accessible pedestrian

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signals are not common or typical at this pedestrians to be given only enough installing an Emergency Beacon instead point in time. The FHWA agrees with clearance time that they are in the of an emergency vehicle traffic control these comments and withdraws this middle of a travel lane when the platoon signal. This corresponded to the proposal. Because the figure illustrates arrives at the start of green. This change proposed new Section 4F.04 in the NPA how to apply the GUIDANCE, the title will result in only a very small increase that proposed adding Emergency of ‘‘Recommended * * *’’ is more in the pedestrian clearance time but will Beacons as an alternative to Emergency accurate than ‘‘Typical * * *’’ Three significantly enhance pedestrian safety. Vehicle Traffic Control Signals. Based commenters from associations The FHWA establishes a phase-in target on comments on Section 4F.04, the representing the blind community compliance date of five years for this FHWA is not adopting that section. (See commented that the FHWA’s arrows GUIDANCE, for existing traffic control also the discussion of Section 4F.04). symbolizing push buttons in Figure 4E– signals in good condition to minimize Therefore, the FHWA withdraws the 2 were incorrectly revised in the NPA. any impact on State or local proposed addition to the OPTION The pushbuttons and arrows are shown governments. statement in Section 4F.01. correctly on this figure in the NPA. Additionally, the FHWA adds to the Additionally, the FHWA revises the They were shown incorrectly in the first paragraph of the last OPTION GUIDANCE statement to recommend 2000 MUTCD. The FHWA adopts this statement the option of containing the following the provisions of Chapter 4D change as shown in the NPA. pedestrian clearance time within the Traffic Control Signal Features not only 195. In Section 4E.10 Pedestrian vehicular green and yellow change if a numerical signal warrant is met, but Intervals and Signal Phases, (numbered intervals. The North Carolina DOT also if a decision is made to install a as Section 4E.09 in the 2000 MUTCD), agreed with this change. The FHWA signal after an engineering study, for the FHWA removes from the first adopts this change as proposed in the consistency with Chapter 4C Traffic OPTION statement the desire to favor NPA. However in a directly related Control Signal Needs Study. There was the length of an opposing signal phase issue, the NCUTCD commented that, in one comment from the City of Tucson, as a condition for using walk intervals the second paragraph of the Arizona, in support of this change, and as short as 4 seconds. Three commenters STANDARD statement, revisions should the FHWA adopts this change. representing associations for the blind be made to prohibit the flashing of the 197. In Section 4F.02 Design of community agreed, and the FHWA UPRAISED HAND (symbolizing DON’T Emergency-Vehicle Traffic Control adopts this revision. WALK) indication during the yellow Signals, the FHWA revises the The FHWA received over 15 change or red clearance intervals of the GUIDANCE statement to indicate that comments from State and local DOTs, concurrent vehicular phase. The two signal faces are required for each the U.S. Access Board, and private NCUTCD stated that this would give major street approach, and that at least citizens regarding the proposal to pedestrians approximately 4 to 5 one of those two signal faces should be increase the pedestrian clearance time seconds of extra time to get to the curb located over the roadway. This change so that it is sufficient to allow the or edge of traveled way prior to the is for consistency with Chapter 4D pedestrian to clear the full width of the release of opposing traffic, similar to the Traffic Control Signal Features. There traveled portion of the roadway in the red clearance interval to which drivers was one comment from the City of second GUIDANCE statement. Six have become accustomed. The FHWA Tucson, Arizona, in support of this commenters, representing the U.S. disagrees with this comment because to change. The FHWA adopts this change. Access Board and associations for make the prohibition of flashing pedestrians, bicyclists, and the blind, UPRAISED HAND extending into the 198. The NPA included a proposal by were in agreement with the change. yellow interval apply to all locations the FHWA to add a new section Eight commenters, representing without the countdowns would require following Section 4F.03 Operation of Caltrans, the North Carolina, Oregon, the opportunity for additional public Emergency-Vehicle Traffic Control and Missouri DOTs, the Cities of notice and comment in a future Signals. This proposed new section was Campbell, California, and Dallas, Texas, rulemaking action due to the potentially numbered and titled ‘‘Section 4F.04 and a traffic engineering consultant large cost impacts to some jurisdictions Emergency Beacon’’ and contained opposed the change, stating cost of that currently have all their controllers STANDARDS, SUPPORT, GUIDANCE, retiming, lack of need, increased cycle set up to display flashing UPRAISED and OPTIONS concerning the design, lengths, and difficulty with signal HAND through the yellow interval. use, and application of Emergency progression as the basis for their However, because of the need for Beacons. Five public agencies, the opposition. While the FHWA realizes consistency, safety, and uniformity of Caltrans and the Minnesota, North that this is an issue for which there is operation of all countdown pedestrian Carolina, Oregon, and Wisconsin DOTs, significant interest and diverging signal displays, the FHWA adds a new commented in opposition to the opinions, the FHWA adopts the STANDARD statement in this section addition of this section, citing many language as proposed in the NPA. stating: ‘‘If countdown pedestrian concerns with the Emergency Beacon. Despite some potential impacts on signals are used, a steady UPRAISED Most commenters stated that the agencies, the FHWA believes that it is HAND (symbolizing DON’T WALK) proposed new section included non- appropriate to better address pedestrian signal indication shall be displayed standard operations and signal displays timing needs and requiring calculation during the yellow change interval and that are in conflict with driver to the far side of the traveled portion of any red clearance interval (prior to a expectation. Concerns expressed the roadway is now appropriate for conflicting green being displayed.) (See included: adequate pedestrian safety. With the Section 4E.07).’’ This is for consistency (1) The proposed arrangement of increases in the number of coordinated with requirements for countdown colors of indications within the signal signal systems, with platoons of pedestrian signal displays adopted in face for an Emergency Beacon is vehicles potentially arriving at the Section 4E.07. different from all other signal faces. intersection at the start of the green 196. In Section 4F.01 Applications of People with red/green color blindness indication, and with more prevalent Emergency-Vehicle Traffic Control may perceive it to be flashing red and aggressive driving behavior, it is a Signals, the FHWA proposed adding to green alternately based on indication significant safety concern for the OPTION statement the choice of location within the signal face;

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(2) Under normal traffic signal the 2000 MUTCD and to clarify the 204. The FHWA received one general operation, signal faces must always have language. The FHWA incorporates the comment and two specific comments at least one indication illuminated NCUTCD’s recommended changes in regarding Section 4L.02 In-Roadway while the proposed language requires this final rule. In the 2000 MUTCD, the Warning Lights at Crosswalks. A traffic the signal face to be dark; applicable text was in a STANDARD, so engineering consultant suggested a (3) Because this is a traffic control it is inappropriate to change it to SUPPORT statement be added to signal requiring the motorist to stop, the SUPPORT. A recommendation to discuss possible trip and fall hazards of requirement for two signal faces per consider the use of three-section signal lights in crosswalk lines, because they approach should still hold. A car faces when moveable bridge operation is are not readily detected by a blind driving behind a truck may not be able frequent is appropriate, for safety person’s cane. The U.S. Access Board to see the single indication; and reasons. made two suggestions regarding the (4) It is better to keep the operation of Additionally, the FHWA removes the flash rate for in-roadway warning lights this type of a signal uniform with other phrase ‘‘on long bridges or causeways’’ and the use of audible and vibrotactile traffic control signals. from the last paragraph of the second cues at crossings with in-roadway lights. The public agencies also cited STANDARD statement because two sets These comments are beyond the scope concerns about the validity of the of gates may be used on bridges or of this rulemaking and may be studies 41 that were conducted to show causeways of any length and what addressed in a future rulemaking. that it was a good device. There was constitutes a long bridge or causeway is 205. In the NPA, the FHWA proposed only one comment in favor of the not and cannot be readily defined. to add a new section following Section Emergency Beacon and that was from a There were no comments on this 4L.02 In-Roadway Warning Lights at traffic control device manufacturer. Due change. The FHWA adopts this change. Crosswalks. The proposed new section to overwhelming opposition and valid 201. In Section 4J.03 Design of Lane- was numbered and titled ‘‘ion 4L.03 In- concerns, the FHWA withdraws this Use Control Signals, the FHWA adds to Roadway Lights at Highway-Rail Grade section from this final rule. While the the OPTION statement to allow the use Crossings and Highway-Light Rail Grade manufacturer of the device has of smaller size lane-use control signal Crossings’ and contained STANDARD, indicated some potential benefits to faces for one-way and two-way left turn GUIDANCE, and OPTION statements public agencies, including cost savings arrows in areas with minimal visual describing the design, application, and compared to a normal Emergency clutter and low speeds. The FHWA operation of in-roadway warning lights Vehicle Traffic Signal, the serious issues changes the definition of low speeds and in-roadway stop line lights at raised by the commenting public from ‘‘70 km/h (45 mph) or less’’ to highway-rail and highway-light rail agencies indicate that further research is ‘‘less than 70 km/h or less than 40 mph’’ transit grade crossings. Based on the needed before the Emergency Beacon to be consistent with similar criteria comments received from the NCUTCD, could be considered again in the future. regarding signal lens sizes in Chapter 4D railroad owners, associations 199. In Section 4G.02 Design of Traffic Control Signal Features. There representing the railroad industry, the Traffic Control Signals for One-Lane, were two comments from the NCUTCD State DOTs of Wisconsin, Ohio, Nevada, Two-Way Facilities, the FHWA changes and the City of Tucson, Arizona, in and Oregon, the Cities of Plano, Texas, the GUIDANCE statement, concerning support of this change. The FHWA and Tucson, Arizona, the FHWA the applicability of provisions of adopts this change with minor editorial determines that the proposed addition Chapter 4D Traffic Control Signal revisions in this final rule. of this section was premature. Although 202. In Section 4K.04 Speed Limit Features to traffic control signals for the concept of using in-roadway Sign Beacon, the FHWA adds to the one-lane two-way facilities and flashing lights at grade crossings STANDARD statement a requirement exceptions to these provisions, to a logically makes sense as a means of that a Speed Limit Beacon be used only STANDARD statement. One commenter increasing driver observance of the to supplement a Speed Limit sign. One from the City of Tucson, Arizona, agreed crossing, the details of colors, locations, commenter from the City of Tucson, with this change. The FHWA adopts and specific applications of in-roadway Arizona, agreed with this change. The lights for grade crossings has not been this change. FHWA adopts this change. 200. In Section 4I.02 Design and sufficiently researched to draw 203. In Section 4L.01 Application of supportable conclusions. Such research Location of Movable Bridge Signals and In-Roadway Lights, the FHWA revises Gates, the FHWA removes from item A is underway in California and Michigan, the SUPPORT statement to include but results will not be available for of the STANDARD statement the marked crosswalks in advance of explanation that three-section signal several years. The commenters in roundabout intersections as additional opposition to adding this section make faces with red, yellow and green signal situations for possible use of in-roadway lenses are generally used if movable strong arguments and cite some valid lights. In the NPA, highway-rail grade concerns. Therefore, the FHWA bridge operation is quite frequent. In the crossings and highway-light transit rail withdraws the proposed section in its NPA, the FHWA also proposed adding grade crossings were also included in entirety in this final rule and will await comparable text in a proposed the statement, however the FHWA research results, prior to consideration SUPPORT statement, which would removes those elements due to of a possible rulemaking on this subject follow the third paragraph of the opposition expressed by seven in the future. STANDARD statement. The FHWA commenters from the NCUTCD, railroad received one comment on this change agencies, associations representing Discussion of Adopted Amendments to from the NCUTCD, recommending that railroads, the City of Tucson, Arizona, Part 5—Traffic Control Devices for Low- the proposed SUPPORT be changed to and a private citizen as well as the lack Volume Roads GUIDANCE, to make it more in line of sufficient research supporting its use. 206. In Section 5A.03 Design, the with the intent of the previous text in One commenter from the City of Plano, FHWA revises the second paragraph of Texas, specifically agreed with adding the STANDARD statement to refer to 41 ‘‘Special Use Emergency Flashing signals Report’’, Archie Burnham & Associates, prepared the use of in-roadway lights at sign sizes on low speed, low volume for Richard D. Jones, Right-of-Way, Inc., 1995. This crosswalks in advance of roundabout roads by adding a sentence to this report is available on the docket. intersections. paragraph stating that the minimum

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sign sizes shall only be used on low- revision in Chapter 2B Regulatory Signs. ‘‘km/h’’ below it. That discussion also volume roads where the 85th percentile In the NPA, the proposed design of the applies to this section. or posted speed is less than 60 km/h (35 metric speed limit sign included the 212. In Section 5C.12 NO TRAFFIC mph). This additional text was metric speed value within a red circle SIGNS Sign (W18–1), the FHWA recommended in comments received with the legend ‘‘km/h’’ below it. Two changes the sign number code in the from the NCUTCD indicating that the commenters agreed with the proposal title and elsewhere in this section and FHWA should provide clarification and three opposed it. See discussion elsewhere in the MUTCD from ‘‘W16–2’’ about the use of minimum sign sizes on regarding Chapter 2B Regulatory Signs to ‘‘W18–1’’. The W16–2 code is already low-volume rural roads. The FHWA where FHWA changes the color of the assigned to the Distance Ahead Plaque, believes that it is necessary to clarify the circle to black. thus this duplication is corrected by intent of the minimum sign size, to 208. In Section 5B.04 Traffic reassigning the NO TRAFFIC SIGNS provide adequate safety by preventing Movement and Prohibition Signs (R3, Sign code to W18–1. signs that are too small to be read at R4, R5, R6, R9, R10, R11, R12, R13, and 213. In Section 5F.02 Highway-Rail higher speeds from being used on higher R14), the FHWA adds an illustration of Grade Crossing (Crossbuck) Sign (R15– speed, low-volume rural roads. the PASS WITH CARE, (R4–2), sign to 1, R15–2), the FHWA revises the last The FHWA received five comments accompany the DO NOT PASS (R4–1) paragraph of the STANDARD statement from the NCUTCD, the Oregon and sign in Figure 5B–1 Regulatory Signs on to create two new paragraphs, which are Minnesota DOTs, and a traffic Low-Volume Roads because agencies duplicates of text contained in the engineering consultant regarding Table commonly use this sign. The FHWA second standard statement in Section 5A–1 Sign Sizes on Low-Volume Roads received one comment from the City of 8B.03 regarding the use of retroreflective (titled ‘‘Minimum Sign Sizes on Low- Tucson, Arizona, in support of this strips. The FHWA incorporates this Volume Roads’’ in the NPA and 2000 change. minor editorial change for consistency MUTCD). The NCUTCD suggested a 209. In Section 5C.05, the FHWA with other sections of the MUTCD. revised table that includes separate retitles the section from ‘‘Narrow Bridge 214. In Section 5F.04, STOP and columns for Minimum, Typical, and Sign (W5–2a)’’ to ‘‘NARROW BRIDGE YIELD Signs, the FHWA removes the Oversized sizes to provide more Sign (W5–2)’’ because in Chapter 2C words ‘‘State or local’’ from the OPTION information to agencies. The FHWA Warning Signs, the FHWA removes the statement, to reflect that jurisdictions agrees with this comment and symbol version of this sign and requires responsible for grade crossings may be incorporates this revised table into this the use of only the word version of the any level of government or may be final rule. The NPA included a proposal sign. There were four comments from quasi-governmental or non- to reduce the minimum size of the the NCUTCD, the Ohio DOT, and the governmental. One commenter from the W20–1, W20–7a, W20–7b, W21–1a, and City of Tucson, Arizona, in support of City of Tucson, Arizona, supported this W21–6 signs from 900 x 900 mm (36 x this change, and the FHWA adopts this change. However, another comment 36 in) to 600 x 600 mm (24 x 24 in) to change. Related to this, the FHWA adds from the Wisconsin DOT suggested that be consistent with minimum sizes of a phase-in target compliance date of 10 if the words ‘‘State and local’’ are other signs of comparable design. The years from the effective date of this final removed from this section that this Minnesota and Oregon DOTs opposed rule for the replacement of Narrow section would then be inconsistent with the reduction in these sign sizes on Bridge symbol signs, consistent with the Section 8B.08 STOP (R1–1) or YIELD grounds of worker safety. The revised phase-in target compliance date for (R1–2) Signs at Highway-Rail Grade table in this final rule includes the 900 Section 2C.16 NARROW BRIDGE Sign Crossings, which still refers to State or x 900 mm (36 x 36 in) as the typical size (W5–2). local highway agencies. The commenter and 750 x 750 mm (30 x 30 in) as the 210. In Section 5C.09 Vehicular suggested that this section contain minimum size for the W20–1, W3–4, Traffic and Nonvehicular Signs (W11 similar criteria and guidance to that W20–7b, and W21–1a signs, and shows Series and W8–6), the FHWA received contained in Section 8B.08. The FHWA 750 x 750 mm (30 x 30 in) as the typical two comments from the Arizona and agrees in principle; however, it is size and 600 x 600 mm (24 x 24 in) as Ohio DOTs regarding the proposal in Sections 2B.04 to 2B.10 that contain the the minimum size for the W21–6 sign. the NPA to change the section title to appropriate criteria that should be Accordingly, this revised table ‘‘Motorized Traffic and Nonvehicular referenced. The FHWA adopts the addresses comments from the DOTs Signs (W11 Series and W8–6).’’ The changes as proposed in the NPA and regarding specific sign sizes by commenters suggested that the terms includes a cross-reference to Sections providing three possible sizes, rather should be changed to better 2B.04 to 2B.10. than just one size, for all of the signs. accommodate bicycles. The FHWA 215. In Section 5G.03 Channelization The FHWA also deletes the NO CENTER agrees and revises the title by changing Devices, the FHWA replaces the second STRIPE (W8–12) sign from Table 5A–1 ‘‘Motorized’’ to ‘‘Vehicular,’’ consistent occurrence of the phrase ‘‘temporary in this final rule, because this sign has with changes made in Chapter 2C. traffic control zone’’ with ‘‘work space’’ little if any application to low volume 211. In Section 5C.10 Advisory Speed in the OPTION statement to correspond roads, and adds the PASS WITH CARE Plaque (W13–1), the FHWA revises the with the appropriate terminology in Part (R4–2) and the Two-Direction Large illustration of the metric advisory speed 6 Temporary Traffic Control. There was Arrow (W1–7) signs. plaque to correspond to a similar one comment from the City of Tucson, 207. In Section 5B.03 Speed Limit revision in Chapter 2C. The design of Arizona, in support of this change, and Signs (R2 Series), the FHWA received the metric advisory speed plaque the FHWA adopts this change. five comments from the NCUTCD, the includes the metric speed value within 216. In Section 5G.05 Other Traffic Minnesota, Oregon, and Ohio DOTs, as a black circle with the legend ‘‘km/h’’ Control Devices, the FHWA adds a well as the City of Tucson, Arizona, below it. The FHWA received two SUPPORT statement referring to Figure regarding the proposal to revise the comments supporting the change, and 5G–1 for some of the signs that might be illustration of the R2–1 metric speed two opposed to it. See discussion applicable in a temporary traffic control limit sign in Figure 5B–1 Regulatory regarding Chapter 2C where FHWA zone on a low-volume road. There were Signs on Low-Volume Roads to adopts the use of the metric speed value two comments in support of this change correspond to a similar proposed within a black circle with the legend from the NCUTCD and the City of

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Tucson, Arizona, and the FHWA adopts rulings on accessibility of public rights- statement regarding the responsibility this change. of-way should not be incorporated until for temporary traffic control plans and The FHWA also revises Figure 5G–1 the new guidelines are adopted by the devices as being that of the public body Temporary Traffic Control Signs on U.S. Access Board. The FHWA notes or official having jurisdiction for Low-Volume Roads, to change the W20– that the requirements in the MUTCD are guiding road users. There were no 7a Flagger sign to conform with the not based on the proposed ADAAG significant changes to this statement correctly designed sign in Section 6F.29 ruling, rather they are based on existing proposed in the NPA, therefore these Flagger Sign (W20–7a, W20–7). There laws, such as the Americans with comments are outside the scope of this was one comment from the NCUTCD in Disabilities Act (ADA). rulemaking. support of this change. The FHWA also Based on general comments and a Additionally, the FHWA adds to a changes the metric version of the W13– suggestion by the NCUTCD, the FHWA number of places in this section and a 1 Advisory Speed Plaque to conform to places a common introductory number of sections in Part 6, statements the use of the black circle for metric STANDARD statement at the beginning that temporary traffic control principles speed values as adopted in Chapter 2C. of Sections 6A.01, 6B.01, 6C.01, 6D.01, are applicable to managing traffic Two commenters from the Minnesota 6F.01, 6G.01, 6H.01, and 6I.01 to incidents along the roadway because and Ohio DOTs were opposed to this emphasize accessibility provisions. The incidents are temporary road or lane change, suggesting that the use of the FHWA revises the reference as the closures and are one of the major causes color black and the circle symbol are ‘‘Americans with Disabilities Act of of congestion. In this regard, the FHWA non-standard, and motorists in the U.S. 1990 (ADA), title II, Paragraph 35.130’’ adds a new chapter titled ‘‘Chapter 6I will not understand. Similar to previous to provide a more specific legal Control of Traffic Through Traffic discussions in Chapter 2C, the FHWA reference. Incident Management Areas.’’ There disagrees and adopts the change as The FHWA also adds a SUPPORT at were no specific comments regarding proposed in the NPA. The NCUTCD the beginning of each chapter in Part 6 the inclusion of traffic incidents in suggested that the NO CENTER STRIPE that the acronym ‘‘TTC’’ refers to Chapter 6A, and individual comments (W8–12) sign be deleted from this ‘‘temporary traffic control’’ and replaces regarding Chapter 6I are addressed in figure. The FHWA agrees and deletes the words with the acronym in many the discussion for that chapter. the NO CENTER STRIPE sign from the places throughout Part 6. This is in 219. In Section 6B.01 Fundamental figure, as well as from Table 5A–1, response to a comment from a traffic Principles of Temporary Traffic Control, because this sign has little if any engineering consultant suggesting that the FHWA adds to a number of places application to low volume roads. this acronym is well understood and in this section references about would reduce unnecessary text. accounting for the needs of pedestrians Discussion of Adopted Amendments to Additionally, the FHWA received with disabilities, bicyclists, and traffic Part 6—Temporary Traffic Control comments from the NCUTCD and the incident management responders. 217. In the NPA, the FHWA proposed Ohio DOT suggesting that the The FHWA received three comments from the NCUTCD, the City of Charlotte, to add to a number of places in sections parenthetical reference ‘‘(drivers, bicyclists, and pedestrians)’’ after ‘‘road North Carolina, and a private citizen throughout Part 6, references to ensure users’’ be removed, because the term suggesting that the last paragraph of the that temporary traffic controls involving ‘‘road users’’ is already defined as second SUPPORT be restored to contain or affecting pedestrian walkways and including these entities. There were also the text in the 2000 MUTCD, which paths account for the needs of arguments from the Florida DOT, the included the sentence, ‘‘While these pedestrians with disabilities. These City and County of Denver, Colorado, principles provide guidance for good proposed additions followed the and many private citizens to retain the temporary traffic control for the accessibility requirements of the text as proposed throughout Part 6 to practitioner, they do not establish Americans with Disabilities Act of 1990 remind readers of the importance of standards and warrants.’’ The (ADA) (Pub. L. 101–336, 104 Stat. 327, considering bicyclists and pedestrians. commenters felt that removing this July 26, 1990. 42 U.S.C. 12101–12213 The FHWA includes the parenthetical sentence would change the emphasis of (as amended)). While the U.S. Access reference the first time it appears in the section to mean that it contains Board, many private citizens and each chapter, and removes it from many STANDARDs. The FHWA disagrees and associations representing the blind of the remaining occurrences. The does not include this sentence because generally agreed with including the FHWA also revises the parenthetical it is a generic statement in reference to accessibility requirements, there were reference to change ‘‘drivers’’ to fundamental principles. Only the many comments from private citizens ‘‘motorists’’ and to include pedestrians second and last paragraphs of the and from the Ohio and Kansas DOTs with disabilities, to reflect changes to section are STANDARDs, the rest are suggesting that the multiple references the definition of ‘‘road user’’ that FHWA GUIDANCE and SUPPORT. were unnecessarily repetitive, and makes in Part 1 and elsewhere in the The FHWA withdraws the proposal to should be handled in a different manner MUTCD. Additionally, the FHWA adds, add to the first and second GUIDANCE in this final rule. In addition, the in a number of sections in Part 6, statements that the needs of pedestrians Virginia and Oregon DOTs suggested references to the needs of bicyclists with disabilities should be considered that requirements based on the through temporary traffic control zones, when planning, designing and proposed ADA Accessibility Guidelines as many temporary traffic control plans establishing a temporary traffic control 42 for Buildings and Facilities (ADAAG) affect a substantial amount of bicycle zone, because this information is now activity. The FHWA received eight contained in a new STANDARD 42 ‘‘Americans with Disabilities Act Accessibility Guidelines for Buildings and Facilities,’’ as comments from private citizens in statement at the beginning of the amended through January 1998, is published by the support of these changes, and adopts section. U.S. Architectural and Transportation Barriers these changes. Additionally, the FHWA adds to the Compliance Board (Access Board), 1331 F Street, 218. In Section 6A.01 General, the second GUIDANCE statement that the NW., Suite 1000, Washington, DC 20004–1111. It may be obtained from the Access Board, or viewed FHWA received two comments from a needs of commercial vehicle operators electronically at the following URL: http:// traffic engineering consultant opposed should be assessed and appropriate www.access-board.gov/adaag/html/adaag.htm. to the existing second STANDARD accommodations made when

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developing a public relations plan for a beginning of the merge taper. The Carolina, and private citizens opposed temporary traffic control zone. The FHWA believes that the intent of the to the values in the new table. The FHWA received two comments from the figure is to show all of the potential commenters who opposed the values in National Institute for Occupational components of a temporary traffic the table suggested that the values from Safety and Health (NIOSH) and a private control zone, rather than a specific Table 6E–1 of the 2000 MUTCD should citizen supporting this change, and the example, and the shoulder taper should be used because they represent a buffer FHWA adopts this change. be included in the figure. However, the length based upon the braking distance 220. In Section 6C.01 Temporary FHWA revises the figure to more that would provide adequate Traffic Control Plans, the FHWA adds to accurately show the shoulder taper in opportunity to stop before entering a the first GUIDANCE statement that advance of the merge taper, and workspace. These commenters also planning for all road users should be dimensions the Advance Warning Area suggested that the proposed longer part of the planning and design of the to the start of the merge taper, as lengths would result in inordinately and temporary traffic control plan. The suggested by the two commenters. The unnecessarily long buffers, which will FHWA also adds a fourth paragraph to FHWA also includes advance warning encourage misuse and potentially lack the first GUIDANCE statement that signs on both sides of the one-way of use, particularly in urban areas. The provisions for effective continuity of roadway as suggested by the City of FHWA disagrees because this table is accessible circulation paths for Charlotte, North Carolina, and a private referenced in an OPTION statement, and pedestrians should be incorporated into citizen. The FHWA labels the area above practitioners may use discretion in the temporary traffic control process. the Work Space as a Buffer Space determining the lengths of longitudinal Several commenters suggested editorial (longitudinal). The City of Charlotte, buffer spaces. The FHWA adopts the revisions for clarity, which the FHWA North Carolina, and a private citizen table, as proposed in the NPA. agrees with and adopts in this final rule. stated that this area is not considered a The FHWA adds a reference to new 221. In Section 6C.02 Temporary buffer space because it is downstream of Table 6C–2 to the second OPTION Traffic Control Zones, the FHWA the Work Space. The FHWA disagrees statement, as these distances may be proposed to add a sentence at the end with the commenters because the used to determine the length of the of the SUPPORT statement that the OPTION statement in Section 6C.06 longitudinal buffer space. The FHWA incident area begins at the first warning Activity Area indicates that buffer received two comments from the Illinois sign or vehicle with a rotating/strobe spaces may be positioned either DOT and a private citizen suggesting light and extends to the last temporary longitudinally or laterally with respect this change, and the FHWA revises the traffic control device or to a point where to the direction of road user flow, and statement slightly in this final rule to road users are allowed to return to the that the activity area may contain one or add clarity. original lane alignment. The FHWA more lateral or longitudinal buffer In the third SUPPORT statement, the received two comments from ATSSA spaces. FHWA proposed to remove the phrase and the City of Tucson, Arizona, in 223. In Section 6C.04 Advance ‘‘formidable device’’ as well as the support of this change, and one Warning Area, the FHWA received comment from the National Institute for several comments from the City of reference to arrow panels as they relate Occupational Safety & Health (NIOSH) Charlotte, North Carolina, and private to determining buffer spaces. The suggesting that ‘‘warning sign or rotating citizens about the sign spacings shown FHWA received one comment from a strobe/lights’’ may be too specific in Table 6C–1 Suggested Advance private citizen in support of this change, because flares, cones, or other devices Warning Sign Spacing. There were no and three comments from the NCUTCD, might also be used to warn of an changes proposed to this table in the the City of Charlotte, North Carolina, incident ahead. The FHWA agrees that NPA, therefore the comments regarding and a private citizen opposed it. Those the first responder to an incident might the distances shown in this table are commenters who opposed the change appropriately use other devices, and outside the scope of this rulemaking and suggested restoring the 2000 MUTCD revises the text in this final rule to such changes would need to be wording, or offered alternate wording. indicate that the incident management addressed in a future rulemaking. The They also suggested that this SUPPORT area begins at the first warning device FHWA notes that these are suggested statement be combined with the second (such as a sign, light, or cone). sign spacings and actual placement may SUPPORT statement. The FHWA agrees 222. In Section 6C.03 Components of be adjusted in order to improve sign to reword the sentence in the SUPPORT Temporary Traffic Control Zones, the visibility due to roadway geometry, statement to state, ‘‘When a shadow FHWA received several comments from intersections or driveways, or other vehicle, arrow panel, or changeable the NCUTCD, the City of Charlotte, factors, based on engineering judgment. message sign is placed in a closed lane North Carolina, the Illinois DOT, and a 224. In Section 6C.06 Activity Area, in advance of a work space, only the private citizen regarding proposed the FHWA adds a new table numbered area upstream of the vehicle, arrow changes to Figure 6C–1 Component and titled ‘‘Table 6C–2 Stopping Sight panel or changeable message sign Parts of a Temporary Traffic Control Distance as a Function of Speed.’’ This constitutes the buffer space.’’ The Zone. The FHWA modifies the drawing table is identical to Table 6E–1. The FHWA does not combine the second to show a shoulder taper as one of the current Table 6C–2 is renumbered as and third SUPPORT statements in this potential components of a temporary Table 6C–3, Taper Length Criteria for final rule. traffic control zone. The NCUTCD Temporary Traffic Control Zones. The In the last GUIDANCE statement, the suggested that the shoulder taper should FHWA received two comments from the FHWA adds that incident response be removed because no other tapers are Wisconsin DOT and the City of Tucson, storage areas should not extend into any shown and a shoulder taper is not Arizona, in support of this new table, portion of the buffer space. The FHWA required in the situation pictured. The two comments from the City of received two comments from the City of City of Charlotte, North Carolina, and a Charlotte, North Carolina, and a private Charlotte, North Carolina, and a private private citizen indicated that the citizen suggesting that this table be citizen suggesting that this GUIDANCE advance warning area was referenced titled ‘‘Guidelines for Longitudinal should be a STANDARD. The FHWA incorrectly to the beginning of the Buffer Lengths,’’ and three comments disagrees because of the flexibility that shoulder taper, rather than the from the City of Charlotte, North is needed to respond to unplanned

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incidents therefore, this statement that the FHWA also revise the second SUPPORT statement. Changing that remains a GUIDANCE in this final rule. paragraph of the GUIDANCE statement, SUPPORT to an OPTION may be 225. In Section 6C.07 Termination to remove the word ‘‘maximum’’ when considered in a future rulemaking. Area, the FHWA clarifies the referring to the distances between The FHWA received two comments STANDARD statement to indicate that devices in a taper. The FHWA disagrees from the same commenters suggesting temporary traffic control devices other because it would not be acceptable to that the last paragraph of the than END ROAD WORK signs can be have longer spacing unless there is a GUIDANCE be revised to delete pilot used to signify the end of a termination good engineering reason to do so. The cars as one of the means for controlling area. The FHWA received one comment FHWA also inserts a new table opposing traffic flows on a one-lane from the City of Tucson, Arizona, in numbered and titled, ‘‘Table 6C–4 roadway where affected traffic is not support of this change, and one Formulas for Determining Taper visible from one end to the other comment from a private citizen opposed Lengths’’ immediately following Table because a pilot car alone cannot to it. The opposing commenter 6C–3. This table contains the formulas coordinate traffic movements at both suggested that the STANDARD that were included as notes to Table 6C– ends of the operation. The FHWA agrees statement be deleted or changed to an 3 in the NPA, except that they are with the commenter and, rather than OPTION because the many work zones included in a tabular format for clarity. deleting the option to use a pilot car, the have no deviation from the normal path. This table is also identical to Table 6H– FHWA clarifies that a pilot car uses a The FHWA disagrees with changing the 4. flagger as defined in Section 6F.54 STANDARD statement because it is In the fifth GUIDANCE statement, the PILOT CAR FOLLOW ME Sign (G20–4). clear that if road users have not been FHWA deletes the word ‘‘minimum’’ 228. In Section 6D.01 Pedestrian diverted from their normal path, then a from the description of the length of a Considerations, the FHWA proposed termination area would not be needed, downstream taper in this final rule. The adding a new GUIDANCE statement at and this section would not apply. The FHWA received two comments from the the beginning of the section to indicate FHWA adopts the change as proposed City of Charlotte, North Carolina, and a that pedestrians of all ages and abilities in the NPA. private citizen suggesting the word should be provided a detectable and To provide flexibility to jurisdictions, ‘‘minimum’’ be replaced with the word usable travel path. The FHWA received the FHWA adds to the OPTION ‘‘maximum,’’ however the FHWA one comment from the NCUTCD statement that a longitudinal buffer disagrees. Criteria for downstream opposed to the new GUIDANCE, space may be used between the work tapers, as shown in Table 6C–3 indicate suggesting that the text be reworded and space and the beginning of the a set distance, not a minimum or classified as a SUPPORT statement. The downstream taper. The FHWA received maximum length. one comment from the NCUTCD The FHWA received three comments FHWA disagrees and adds the opposed to this change, stating that the from the Ohio DOT, the City of introductory STANDARD statement at paragraph should be deleted because the Charlotte, North Carolina, and a private the beginning of this section to area between the work space and the citizen suggesting changes to the emphasize accessibility provisions, as beginning of the downstream taper is shifting and downstream taper entries in discussed above at the start of the Part not a buffer space. The FHWA disagrees Table 6C–3. Because there were no 6 discussion. because such a buffer space could be changes proposed to this table (other In the NPA, the FHWA proposed used in a variety of locations, such as than the table number), these comments modifying the second SUPPORT for a center lane closure on a multi-lane are outside the scope of the NPA. Such statement to include information on undivided highway or on a two-lane, changes would need to be proposed in other publications that can provide one-way operation. The FHWA adopts a future rulemaking. useful data for assisting the planning this change as proposed in the NPA. The FHWA revises Figure 6C–3 for, and the design of, pedestrian The FHWA also received two Example of a One-Lane, Two-Way facilities. The FHWA received one comments from the City of Charlotte, Traffic Taper to illustrate a downstream comment from the NCUTCD opposing North Carolina, and a private citizen longitudinal buffer space (between the this language and suggesting that a new suggesting that an additional paragraph work space and traffic from the open- Section 6D.02 Accessibility be added to the OPTION stating that the lane approach); a downstream taper, Considerations be added. The FHWA use of END ROAD WORK signs is noted ‘‘100 ft MAXIMUM;’’ shifts the also received three comments from optional for most daytime maintenance flagger and warning sign symbols on the commenters representing the visually and utility operations. The FHWA open-lane approach accordingly so that disabled community suggesting disagrees that this sentence is needed the flagger is stationed well beyond the additional wording to clarify that because there are several terms within last cone in the downstream taper; and speech messages provided by an audible the section to indicate that use of an on both approaches, shift the END information device are more helpful to END ROAD WORK sign is not mandated ROAD WORK symbols so that they are pedestrians with disabilities than Braille for termination areas. opposite the last warning signs. and raised character signs. The FHWA 226. In Section 6C.08 Tapers, the 227. In Section 6C.10 One-Lane, Two- agrees with the commenters and FHWA revises the first GUIDANCE Way Traffic Control, the FHWA withdraws the proposed language. In statement to indicate that the received two comments from the City of this final rule, the FHWA adds Section appropriate taper length should be Charlotte, North Carolina, and a private 6D.02 Accessibility Considerations and determined using the criteria in Tables citizen suggesting that an OPTION be revises Section 6D.01 by adding two 6C–3 and 6C–4 to address a comment added after the STANDARD statement paragraphs to the SUPPORT with more from a private citizen stating that the to indicate that where traffic speeds and detailed information describing how to word ‘‘minimum’’ does not accurately volumes are low, and where the work provide information to pedestrians with describe the taper lengths in the table. area is short and sight distance is good, visual disabilities via audible messages, The FHWA agrees that the change is vehicular traffic may be self-regulating. and adds a GUIDANCE statement needed to correct the error, and revises The FHWA disagrees with adding this recommending locator tones be used the GUIDANCE statement in this final language at this time because similar with pushbuttons, to be consistent with rule. The same commenter suggested text is already included in the Part 4 of the MUTCD.

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Additionally, the FHWA proposed order to alert them to blocked routes, closing off the work site from pedestrian adding to the second STANDARD alternate crossings, and sign and signal intrusion may be preferable to statement that in addition to visual information. The FHWA adopts this text channelizing pedestrian traffic along the signage, equivalent information in in this final rule. site with temporary traffic control alternate formats for pedestrians who The FHWA proposed to revise item C devices. have visual disabilities shall be of the second GUIDANCE statement to The FHWA adds a new SUPPORT provided so that they are not trapped on include accessible paths as well as statement following the third a closed facility. The FHWA received provisions for pedestrians who have GUIDANCE to provide information on four comments from the NCUTCD, the visual disabilities in planning for how to communicate pedestrian routes Wisconsin DOT, the City of Charlotte, pedestrians in temporary traffic control to pedestrians with disabilities. The North Carolina, and a private citizen zones. The NCUTCD opposed the FHWA received one comment from the opposed to the new text, stating that it revision, suggesting that this NCUTCD opposed to this new is an unreasonable requirement for all information be included in a new statement, two comments from the City sidewalks, or that it should be a Section 6D.02 Accessibility of Charlotte, North Carolina, and a GUIDANCE, rather than a STANDARD. Considerations. The City of Charlotte, private citizen requesting additional The NCUTCD, the City of Charlotte, North Carolina, and a private citizen clarification and three comments from North Carolina, and a private citizen requested additional information associations representing the blind suggested that the text be revised to regarding how to provide audible community suggesting rewording of the explicitly state that where pedestrians warnings, and three commenters statement to clarify the use of audible with visual disabilities normally use the representing associations for the blind instructions, which the FHWA adopts in closed crosswalk, a barrier detectable by community suggested new wording to this final rule. a person with a visual disability incorporate the need to provide In the NPA, the FHWA proposed to traveling with the aid of a long cane pedestrians with visual disabilities with expand the third GUIDANCE statement shall be placed across the full width of instructions, as well as a reference to to indicate that fencing should be the closed crosswalk. The FHWA agrees accessible pedestrian signals. The continuous and detectable. The FHWA with the suggested text and adopts that FHWA agrees with the suggested text withdraws this proposal because this text in this final rule. The FHWA also from associations representing the blind information is included in new Section received two comments from the City of community, and adopts the revised 6D.02 Accessibility Considerations in Charlotte, North Carolina, and a private language with the additional this final rule. citizen suggesting that the existing first information in this final rule. In the NPA, the FHWA proposed to sentence, requiring advance notification The FHWA also adds to the second expand the first paragraph of the fourth of sidewalk closures by the entity GUIDANCE statement that a pedestrian GUIDANCE statement to indicate that conducting the work was vague. The route should not be severed and/or ballast and other elements should not FHWA agrees and expands the sentence moved for nonconstruction activities intrude into the accessible passage. The in this final rule to indicate that such as parking for vehicles and FHWA withdraws this proposal, advance notification of sidewalk equipment. The FHWA received one because this information is included in closures shall be provided to the comment from the Florida DOT in new Section 6D.02 Accessibility maintaining agency. support of this change, and one Considerations in this final rule. The FHWA adds to the second comment from the NCUTCD opposed, The FHWA expands the last SUPPORT statement that pedestrians stating redundancy. The FHWA adopts paragraph of the fifth GUIDANCE are reluctant to add distance or out-of- the change as proposed in the NPA. statement to clarify that access to work the-way travel to a destination. The The FHWA proposed expanding the space by equipment as well as workers NCUTCD opposed this new text and third GUIDANCE statement to include across pedestrian walkways should be three commenters representing additional information regarding how to minimized. The FHWA received one associations for the blind community delineate a pedestrian footpath through comment from the NCUTCD opposed to suggested including additional text or around a work site. The NCUTCD this change, citing disagreement with regarding the types of barriers that are opposed the revision, suggesting a new the wording regarding accessibility. The detectable by a person with visual Section 6D.02 Accessibility FHWA disagrees with the commenter disability. The additional information Considerations be added. A commenter and adopts the change in this final rule. regarding barrier types goes beyond the from the City of Charlotte, North In the NPA, the FHWA proposed to scope of this rulemaking and the FHWA Carolina, and a private citizen requested expand the third paragraph of the fifth adopts the changes as proposed in the additional clarification, and three GUIDANCE statement to include NPA. commenters representing associations information about pedestrian In the second GUIDANCE, the FHWA for the blind community suggested accessibility and to add a paragraph at proposed adding information about the rewording to reference Section 6F.65 the end of the fifth GUIDANCE general needs of pedestrians with Temporary Traffic Barriers as statement to indicate that audible disabilities. The NCUTCD opposed the Channelizing Devices for a description information be provided at locations additional information, the City of of detectable barriers. To address the where a temporary pedestrian crossing Charlotte, North Carolina, and a private comments, the FHWA clarifies the is implemented. The FHWA received citizen requested more information, and wording to indicate that if the previous one comment from the NCUTCD three commenters representing pedestrian facility was accessible to opposed to these changes, suggesting associations for the blind community pedestrians with disabilities, then the that this information is repetitive. The opposed the text as written in the NPA, footpath provided during temporary FHWA withdraws these proposals, but suggested new text. The FHWA traffic control should also be accessible, because this information is included in agrees with the suggested text from the and to denote additional information new Section 6D.02 Accessibility associations for the blind community, regarding grades and use of barriers and Considerations in this final rule. which provides additional information channelizing devices. The FHWA removes the second regarding how to communicate with The FHWA also adds an OPTION sentence from the sixth SUPPORT pedestrians with visual disabilities in statement that wherever it is feasible, statement regarding the use of tape,

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rope, and other devices along a suggesting that the accessibility as meeting ANSI 107–1999 Standard designated pathway. The FHWA information that was repeated Performance for Class 1, 2, or 3 risk received two comments from the City of throughout Part 6 in the NPA should be exposure. The FHWA received seven Charlotte, North Carolina, and a private consolidated into one location. While comments from the North American citizen opposed to the removal of the the FHWA includes some accessibility Association of Transportation Safety sentence. The commenters did not information in each chapter of Part 6 in and Health Officials (NAATHSO), provide a justification for their this final rule, the FHWA includes this ATSSA, the Virginia DOT, Caltrans, the opposition, and the FHWA removes the new section to provide all of the Laborers’ Health and Safety Fund of sentence in this final rule, because these necessary information in one place. The North America, NIOSH, and a traffic devices should not be used where dual provisions provide the practitioner control device manufacturer in support persons with visual disabilities are with the necessary emphasis to ensure of this change, three of which suggested expected and because use of these that there is consideration of the stronger language to change this to a devices is strongly discouraged in any accessibility needs for persons with STANDARD. The FHWA received case. disabilities in the planning, design, thirteen comments from the NCUTCD, In the NPA, the FHWA proposed to implementation and operation of contractors, and State and local highway add a paragraph at the beginning of the temporary traffic control zones. The agencies opposed to the proposed safety last GUIDANCE statement to indicate FHWA strongly supports provisions in apparel recommendations. The FHWA that tape, rope, and other devices are the MUTCD that provide adopts the wording, as proposed in the not detectable and should not be used accommodations for all pedestrians and NPA, but makes changes in Section as a control for pedestrian movements. road users. The FHWA establishes a five 6E.02 High Visibility Safety Apparel to The FHWA received one comment from year phase-in target compliance date address issues regarding high-visibility the NCUTCD opposed to this change. from the effective date of this final rule flagger safety apparel. The FHWA believes that this for accessibility considerations in While NIOSH supported the proposed information is important to provide safe temporary traffic control zones, which wording that a ‘‘competent person’’ be passage for persons with visual in turn affects many other sections in responsible for the worker safety plan disabilities and adopts this text, as Part 6. within the activity area, several proposed in the NPA, in this final rule. 230. In Section 6D.03 Worker Safety commenters representing State and local The FHWA also expands the (new) Considerations (numbered and titled highway agencies and contractors second paragraph of this GUIDANCE to Section 6D.02 Worker Considerations in opposed the language, stating that the emphasize that pedestrian routes should the NPA), the FHWA changes the title phrase was vague. The FHWA believes be preserved in urban and commercial as suggested by NIOSH, because the first that this language is not vague and that suburban areas and that alternate SUPPORT statement in this section it is specific enough to be reasonably routing should be discouraged. The rightly indicates that worker safety is applied by jurisdictions. The FHWA FHWA received one comment from the equally as important as road user safety. adopts the text as proposed in the NPA. NCUTCD opposed to this language; The FHWA also adds to the SUPPORT In the NPA, the FHWA proposed a however, to emphasize the importance statement information on the need to phase-in target compliance date of five of pedestrian routes in these areas, the separate workers on foot from moving years from the effective date of this final FHWA adopts this language in this final construction vehicles. The FHWA rule for this change. The FHWA rule. received one comment from the received comment from the In the NPA, the FHWA proposed to NCUTCD opposed to this new language, International Safety Equipment add a SUPPORT statement at the end of suggesting that the issues covered in the Association (ISEA) and the Laborers’ Section 6D.01 to state that the absence new text are covered by the Health and Safety Fund of North of a continuous passage, including Occupational Safety and Health America, indicating that worker accessible features, might preclude the Administration (OSHA) regulations and clothing is an expendable item that use of the facility by pedestrians with should not be included in the MUTCD. wears out quickly and must be replaced disabilities. The FHWA received one The Laborers’ Health and Safety Fund of much sooner than five years and comment from the NCUTCD opposed to North America and NIOSH expressed therefore no special phase-in target this new paragraph, and the FHWA support for the new language, stating compliance date is needed. Other withdraws this proposal, because this that including this language in the commenters suggested that a shorter information is included in new Section MUTCD is very important, because it phase-in target compliance date is 6D.02 Accessibility Considerations in emphasizes the hazards to workers on advisable because of the important this final rule. foot created by moving construction safety benefits of high visibility safety The FHWA establishes a phase-in vehicles and equipment within the work apparel. The FHWA believes that high- target compliance date of five years from zone. Comments from the Kansas DOT visibility safety apparel for all workers, the effective date of this final rule for and NIOSH suggested editorial including supervisors, is very important the changes in this section, which in revisions, which the FHWA adopts in for safety in temporary traffic control turn affects many other sections in Part this final rule. areas. Not all worker clothing wears out 6. However, this does not affect the In the NPA, the FHWA proposed and is replaced quickly, especially the obligations placed on governments by adding to the GUIDANCE statement that safety apparel worn on the job site by the ADA laws and regulations. workers exposed to the risks of moving supervisors and managers. To provide 229. The FHWA adds a new section roadway traffic or construction for a reasonably rapid implementation numbered and titled, ‘‘Section 6D.02 equipment should wear high visibility of this important change while Accessibility Considerations.’’ This new apparel meeting the requirements of the section contains SUPPORT, GUIDANCE, American National Standard for High purchase from ISEA—The Safety Equipment and STANDARD statements specific to Association, by telephone (703) 525–1695, facsimile Visibility Safety Apparel 43 and labeled pedestrian accessibility, including (703) 528–2148, mail ISEA, 1901 North Moore Street, Suite 808, Arlington, VA 22209. Also, a pedestrians with visual disabilities, in 43 ‘‘American National Standard for High summary of information about the three classes of temporary traffic control zones. The Visibility Safety Apparel,’’ ANSI/ISEA 107–1999, apparel in the standard is available at the following FHWA received several comments 1999 Edition, or equivalent revision, is available for URL: http://www.safetyequipment.org/hivisstd.htm.

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minimizing impacts on State and local the original placement of this statement STANDARD statement and adds a governments, the FHWA establishes a in item E made it erroneously appear to GUIDANCE statement accordingly. three-year phase-in target compliance be an OPTION, when in fact it was a In the NPA, the FHWA proposed a date from the effective date of this final SUPPORT. The FHWA adopts the phase-in target compliance date of five rule for the changes regarding worker change as proposed in the NPA. years for this change. The FHWA safety apparel. 231. In Section 6E.01 Qualifications received comments from ATSSA and Additionally, in the same GUIDANCE for Flaggers, the FHWA rewrites the the Virginia DOT indicating that flagger statement, the FHWA adds ‘‘Activity GUIDANCE statement in its entirety to clothing is considered expendable Area’’ to the list of key elements of describe in terms more appropriate to a because it wears out and must be worker safety and temporary traffic temporary traffic control zone replaced much sooner than five years control management that should be environment the recommended skills and therefore no special phase-in target considered to improve worker safety. and abilities for a flagger. This change compliance date is needed. Other The FHWA received two comments reflects the state of the practice in commenters suggested that a shorter from Laborers’ Health and Safety Fund flagger selection and training. The phase-in target compliance date is of North America and NIOSH in support FHWA received no comments regarding advisable because of the important of this new text, and one comment from this change, and adopts this change. safety benefits of high visibility safety the NCUTCD opposed to it. The 232. In Section 6E.02 High-Visibility apparel. The FHWA believes that high- NCUTCD suggested that this text is Safety Apparel (titled High-Visibility visibility safety apparel for all flaggers, including supervisors who sometimes already covered in Chapter 6B. The Clothing in the NPA), the FHWA FHWA disagrees because worker safety perform this duty, is very important for proposed to add to the first STANDARD is very important and early planning is safety in temporary traffic control areas. statement the requirement that flaggers where many significant worker safety Not all worker clothing wears out and wear safety apparel meeting the improvements can be made. The FHWA is replaced quickly, especially the safety requirements of the American National adopts the new text in this final rule, apparel worn on the job site by Standard for High Visibility Apparel with minor editorial changes. supervisors and managers. To provide and labeled as meeting ANSI 107–1999 The FHWA includes ‘‘Worker Safety for a reasonably rapid implementation Standard Performance for Class 3 risk Planning’’ to the list of key elements of of this important change while exposure, to improve worker visibility worker safety and temporary traffic minimizing impacts on State and local control management that should be to approaching road users. While the governments, the FHWA establishes a considered to improve worker safety. FHWA received six comments from three-year phase-in target compliance The worker safety plan should be in ATSSA, the Virginia DOT, the City of date from the effective date of this final accordance with the Occupational Tucson, Arizona, the International rule for the changes regarding flagger Safety and Health Act of 1970, ‘‘General Safety Equipment Association, the safety apparel. Duty Clause’’ Section 5 (a)(1)—Public Laborers’ Health and Safety Fund of 233. In Section 6E.03 Hand-Signaling Law 91–596, 84 Stat. 1590, December North America, and NIOSH in support Devices, the FHWA proposed in the 29, 1970, as amended, and with the of using Class 3 high visibility safety NPA to add to the OPTION statement requirement to assess worker risk apparel for flaggers under all conditions, other design configurations for adding exposures for each job site and job there were sixteen comments from the white lights to the STOP/SLOW paddle classification in accordance with the NCUTCD, ATSSA, NAATSHO, the to improve visibility and conspicuity. Occupational Safety and Health South Carolina, North Carolina, The FHWA received two comments Administration (OSHA) Regulations as Wisconsin, and Oregon DOTs, from the City of Tucson, Arizona, and found in 29 CFR 1926.20(b)(2). While contractors, and a private citizen the Laborers’ Health and Safety Fund of NIOSH supported this new language, opposed to it, at least for daytime North America in support of the there were comments from the activity. Several commenters stated that proposed changes and nine comments NCUTCD, the Virginia, Kansas, with the extreme heat conditions in the from NCUTCD, the Arizona DOT, California, and North Carolina DOTs, South, Midwest, and Western States that Caltrans, private citizens, and traffic the City of Charlotte, North Carolina, their workers endure in the summer, control device manufacturers opposed and a private citizen opposed to it. The wearing the required uniform jacket and to it. The opposing commenters opposing commenters suggested that the pants or jumpsuit would create more suggested that red and yellow lights information in this paragraph is beyond health problems. Based on all of the should also be permitted, and that the what would be typical MUTCD material. docket comments, the FHWA agrees that information regarding the design The FHWA disagrees with the opposing Class 3 high visibility safety apparel for configurations needed more detail. The commenters because this is GUIDANCE flagger activity should not be a FHWA agrees that these other colors of rather than a STANDARD, and the requirement. Instead, the FHWA lights will be helpful to road users at FHWA adopts this text to emphasize the establishes that, for both day and night night, as determined by a New York importance of worker safety and to time activity, Class 2 high visibility State study.44 Therefore, the FHWA assure that the applicable laws and safety apparel shall be required. The revises the OPTION statement in this regulations are referenced. FHWA also concludes that for nighttime final rule to include the use of red and The FHWA adds a new SUPPORT flagger activity, Class 3 high visibility yellow lights, as appropriate. The statement at the end of the section that safety apparel should be considered for FHWA also adds two new paragraphs to contains information previously flagger wear rather than Class 2. Even the following STANDARD statement to included in item E of the GUIDANCE with the requirements for flagger provide appropriate restrictions on the statement regarding the judicious use of stations to be illuminated for night mixing of colors of lights on the STOP special devices to maintain their activity that the FHWA establishes in effectiveness. The FHWA received one Section 6E.05 Flagger Stations, Class 3 44 A copy of ‘‘Effectiveness of STOP/SLOW comment from NIOSH opposing this safety apparel should at least be Paddles Equipped With Flashing Red and Flashing Yellow Lights,’’ Experiment VI–117(E) STOP SLOW change, stating that the statement merits considered for nighttime flagger wear PADDLE, by Daniel Paddick, P.E., New York State continued emphasis in order to prevent because of its increased retroreflective Department of Transportation, is available on the misuse. The FHWA disagrees because surface area. The FHWA revises the docket.

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and SLOW paddles, and well as In the NPA, the FHWA proposed illuminated at night. The FHWA additional information regarding the changing the first SUPPORT statement believes that anytime a flagger is active arrangement of lights on the paddles. to indicate that the Table 6E–1 provides at night, illumination of the flagger The FHWA adds to the second information regarding the stopping sight station is important to make the flagger STANDARD statement requirements for distance as a function of speed. The more visible to approaching road users. the performance of flashing lights that FHWA received one comment from the The FHWA received one comment from are used on the STOP/SLOW paddle. Illinois DOT opposed to this change, a private citizen suggesting that more These flashing rate values are identical stating that the use of Table 6E–1 is detail be provided to specify the to the flashing rate used in other parts currently clear in the text and title of the meaning of ‘‘illumination,’’ and five of the MUTCD. Five commenters table in the 2000 MUTCD. The FHWA comments from the Kansas and representing the New York State disagrees because the revised SUPPORT Wisconsin DOTs, the City of Charlotte, Assembly, traffic control device statement matches the new title of the North Carolina, and a private citizen manufacturers, and a private citizen table, which provides the stopping sight suggesting that this statement remain a suggest that ‘‘triple’’ flash modes be distances for various speeds. The FHWA GUIDANCE because during allowed; however, the FHWA disagrees adopts the change; however, the FHWA emergencies, where flagging is needed because such high flash rates would incorporates the text into the following at night, portable lighting units are not appear more like a flicker than a flash OPTION statement in this final rule. always available. The FHWA agrees that and those rates would be close to the The FHWA revises the first OPTION lighting and/or advance warning signs flash rates that may cause epileptic statement to indicate that the distances are not always available for emergency seizures.45 The FHWA adopts the shown in Table 6E–1 may be used for situations, and revises the STANDARD change, as proposed in the NPA. the location of a flagger station. The statement to exclude emergency 234. In Section 6E.05 Flagger Stations, FHWA received one comment from situations. NIOSH in support of this change; the FHWA revises the first STANDARD 235. In Section 6F.01 Types of however, two commenters from Caltrans statement to indicate that flagger Devices, the FHWA adds a SUPPORT at and the City of Charlotte, North stations shall be located such that the beginning of this chapter defining Carolina, and a private citizen opposed approaching road users will have the acronym ‘‘TTC’’ as discussed above to it. The opposing commenters sufficient distance to stop at an at the start of the Part 6 discussion. The suggested that the FHWA retain the intended stopping point. The FHWA FHWA also adds a new SUPPORT language from the 2000 MUTCD received one comment from the City of statement that includes a reference to indicating that the distances may be Tucson, Arizona, in support of this the FHWA’s policy 47 requiring that all change, and two comments from the increased for downgrades and other conditions that affect stopping distance. roadside appurtenances on the National City of Charlotte, North Carolina, and a The FHWA agrees and modifies the Highway System meet crashworthy private citizen opposed to it. Those who OPTION statement to include this performance criteria and referring to opposed the change suggested that it additional information in this final rule. and repeating the definition of should be changed to a GUIDANCE. The The FHWA changes the title of Table crashworthy as stated in Section 1A.13 FHWA disagrees because it is important 6E–1 from ‘‘Distance of Flagger Stations Definitions of Words and Phrases in this that flagger stations be located where in Advance of the Work Space’’ to Manual. The FHWA adds these approaching road users can safely stop, ‘‘Stopping Sight Distance as a Function statements to consolidate information, and adopts the change in this final rule. of Speed’’ and changes the distance to emphasize FHWA policies regarding To enhance worker safety, the FHWA values to be in agreement with accessibility and crashworthiness, and adds a GUIDANCE statement following AASHTO’s ‘‘A Policy on Geometric to be consistent with crashworthiness the first OPTION statement to indicate Design of Highways and Streets.’’46 The provisions in Section 6F.03, 6F.58, that flagger stations should be located so FHWA received three comments from 6F.53, 6F.66, and 6F.82. that an errant vehicle has space to stop the Laborers’ Health and Safety Fund of The FHWA also relocates the final without entering the work space. The North America, NIOSH, and the City of OPTION and SUPPORT statements from FHWA received one comment from the Tucson, Arizona, in support of this this section, and places them in Section Laborers’ Health and Safety Fund of change, and adopts this change. 6F.02 General Characteristics of Signs, North America specifically in support of Additionally, the FHWA changes the because this information regarding sign this new statement. In the NPA, the GUIDANCE statement (in the 2000 colors is more appropriate in that FHWA proposed that this statement MUTCD) to a STANDARD statement to section. The FHWA makes this minor appear after the first STANDARD indicate that, except in emergency editorial change to move these statement; however, a commenter from situations, flagger stations shall be statements for clarity and consolidation the City of Charlotte, North Carolina, preceded by an advance warning sign or with other text regarding sign colors. and a private citizen suggested moving signs and that, except in emergency 236. In Section 6F.02 General it further back in the section to tie in situations, flagger stations shall be Characteristics of Signs, following the better with the adjacent statements. The first STANDARD statement, the FHWA FHWA agrees and adopts this new 46 ‘‘A Policy on Geometric Design of Highways inserts OPTION and SUPPORT GUIDANCE statement in this final rule. and Streets,’’ 4th Edition, 2001, in both hardcopy and CD–ROM, is available from the American statements regarding the color of Association of State Highway and Transportation warning signs in temporary traffic 45 The website of the National Society for Officials (AASHTO) by telephone (800) 231–3475, control zones. These statements were in Epilepsy, a professional society in the United facsimile (800) 525–5562, mail AASHTO, P.O. Box Kingdom that specializes in epilspsy, states that a 96716, Washington, DC 20090–6716, or at its Web Section 6F.01 in the NPA and 2000 flash rate of 5 to 30 hertz (flashes per second) can site http://www.transportation.org and click on MUTCD, however the FHWA moves cause seizures in some people. This information is Bookstore. This document is a guide, based on them to this section in this final rule available at the following URL: http:// established practices and supplemented by where they are more appropriate. www.epilepsynse.org.uk/pages/info/leaflets/ research, to provide guidance to the highway photo.cfm. A variety of websites of U.S. designer to provide for the needs of highway users organizations also refer to the problem of while maintaining the integrity of the environment. 47 Information on the FHWA policy is available at photosensitivity (triggering of seizures by flickering It is incorporated by reference into the CFR at 23 the following URL: http://safety.fhwa.dot.gov/ lights) among epileptic persons. CFR 625.4. programs/roadside_hardware.htm

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The FHWA adds to the second from the City of Charlotte, North than referenced. The FHWA disagrees OPTION statement that warning and Carolina, and a private citizen noting because the ADAAG guidelines are too guide signs used for temporary traffic this inconsistency and suggesting that it voluminous to include directly in the control of incident management be corrected, and the FHWA agrees that MUTCD and because ADAAG provides situations may have a black legend and it is important to be consistent. flexibility to determine the need for border on a fluorescent pink (referred to 237. In Section 6F.03 Sign Placement, accommodation of pedestrians with as coral in the NPA) background. The in the first STANDARD statement, the disabilities and the actual applications FHWA received one comment from the FHWA adds ‘‘bicycle movements’’ to that will be used when necessary. The Virginia DOT in support of this change, the list of reasons why in urban areas FHWA adopts the text, as proposed in and one from a traffic control device the distance between the bottom of the the NPA with a modification to address manufacturer opposed to it. The sign and the top of the near edge of the the issue of need for accommodation. opposing commenter, representing the traveled way shall be at least 2.1 m (7 Repetition is important to elevate the sign manufacturing industry, suggested ft), to enhance safety for bicyclists. The practitioners’ awareness on the that stronger language changing this to FHWA received seven comments from accommodation of pedestrians with a GUIDANCE would help define the use the City and County of Denver and disabilities and there are specific details of the color for this application and private citizens in support of this in this and other sections of Part 6 on reduce confusion, resulting in increased change, and two comments from the the installation of devices to satisfy recognition and association with Ohio DOT and a private citizen opposed accommodation. incidents on the part of the road user. to it. The Ohio DOT questioned the Additionally, the FHWA adds to the The FHWA disagrees because of the relationship between the presence of a second GUIDANCE statement that signs unplanned nature of incidents and the bicycle and sign height. The FHWA mounted lower than 2.1 m (7 ft) should varied agencies and capabilities of first believes that because bicyclists do ride not project more than 100 mm (4 in) responders, agencies should have the on sidewalks in urban areas, they will into pedestrian facilities. This is in ability to continue to use orange signs have an effect on signs, especially when accordance with the ‘‘Americans With in incident management situations. Use riding in a standing position, thus Disabilities Act Accessibility Guidelines and experience with the fluorescent higher mounting heights are needed. A For Buildings And Facilities (ADAAG).’’ pink color over time will increase private citizen felt that this should not The FHWA received two comments awareness. The FHWA adopts the be a STANDARD statement if obvious from associations representing the blind optional color fluorescent pink in this exceptions exist, unless they are community supporting this change, and final rule. specifically listed. The FHWA believes comments from the NCUTCD and a The FHWA adds a new table, that this STANDARD is consistent with traffic engineering consultant opposed numbered and titled, ‘‘Table 6F–1 Sizes the first paragraph of Section 2A.18 to it. The NCUTCD felt that this of Temporary Traffic Control Signs’’ Mounting Height, which is also a information was repetitive and the showing the sizes of temporary traffic STANDARD. The FHWA adds a new traffic engineering consultant suggested control warning signs to facilitate the SUPPORT statement (consistent with that ‘‘sidewalk’’ be removed from the proper use of signs in temporary traffic Section 2A.18) that the mounting GUIDANCE statement to better control zones. This table contains the heights apply except as otherwise accommodate urban settings where sizes that were illustrated with the provided elsewhere in the MUTCD. paved sidewalks extend from the curb individual signs in the figures in Additionally, the FHWA adds face to the building line. The FHWA Chapter 6F in the NPA. This table language to the STANDARD requiring disagrees and adopts the text as consolidates the information in one signs to be mounted and placed in proposed in the NPA. location for clarity and easy reference. accordance with Section 4.4 of the In the NPA, the FHWA proposed The FHWA references this table in the ‘‘Americans with Disabilities Act adding a SUPPORT statement indicating second STANDARD statement. The Accessibility Guidelines for Buildings that the design and placement of work FHWA also revises the third OPTION and Facilities (ADAAG).’’48 The FHWA zone signs is described elsewhere in statement to indicate that the received three comments from the City Chapter 6F of the Manual. The FHWA received one comment from the dimensions of signs shown in Table 6F– of Tucson, Arizona, and associations NCUTCD opposed this, suggesting that 1 may be increased wherever necessary representing the blind community in this statement is not necessary. The for greater legibility or emphasis. The support of this new text, and comments FHWA agrees and deletes this statement FHWA adds this table and makes these from the NCUTCD, the Ohio DOT, and changes to respond to a comment from from this final rule. Lake County, Illinois, opposed to it. The Additionally, in the 2000 MUTCD, the Caltrans suggesting that a table of sign opposing commenters stated several sizes in Part 6 would better serve users FHWA established a new requirement reasons, including that this statement is in this section that sign supports for than having the information spread repetitive throughout Part 6, that throughout the part, and to clarify temporary traffic control devices shall agencies need the flexibility to use dimensions related to the class of be crashworthy, but no special phase-in engineering judgment on a case-by-case highway on which the various sizes are target compliance date was established basis to determine the appropriate recommended. The FHWA also removes at that time. Based on comments that measures in a temporary traffic control sign sizes from the pages of sign images agencies are encountering difficulties plan, and that the guidelines should be throughout this chapter, because this and economic impacts given the specifically stated in the MUTCD, rather table consolidates all information extensive testing of devices that has to occur in accordance with NCHRP regarding sign sizes in one location. 48 ‘‘Americans with Disabilities Act Accessibility 49 The FHWA revises the wording and Guidelines for Buildings and Facilities (ADAAG),’’ Report 350 in order to determine and changes the last SUPPORT statement, as amended through January 1998, is published by regarding external sign illumination, to the U.S. Architectural and Transportation Barriers 49 NCHRP Report 350, ‘‘Recommended a STANDARD because of the need for Compliance Board (Access Board), 1331 F Street, Procedures for the Safety Performance Evaluation of NW., Suite 1000, Washington, DC 2004–111. It may Highway Features,’’ 1993, is available for consistency with requirements be obtained from the Access Board, or viewed downloading from the Transportation Research throughout other areas of the MUTCD. electronically at the following URL: http:// Board at the following URL: http://gulliver.trb.org/ The FHWA received two comments www.access-board.gov/adaag/html/adaag.htm. publications/nchrp/nchrp_rpt_350-a.pdf.

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certify crashworthiness, the FHWA STANDARD statement at the beginning Arizona, the City and County of Denver, determines that a special phase-in target of the section, stating that temporary and private citizens in support of this compliance date is required for the traffic control regulatory signs shall new statement, and one from the crashworthiness provision in this conform to the standards for regulatory NCUTCD opposed to it. The NCUTCD section. In this final rule, the FHWA signs presented in Part 2 and in the indicated that the statement was establishes a phase-in target compliance FHWA’s ‘‘Standard Highway Signs’’ repetitious. The FHWA agrees; however, date of January 17, 2005 for sign book. In the 2000 MUTCD, this sentence repetition is necessary in this case to supports for temporary traffic control contains the word ‘‘shall’’ but was elevate awareness, and the FHWA devices to be crashworthy. This is inadvertently included in the SUPPORT adopts the statement, with an added consistent with guidance previously statement. This will make this statement reference to the new Section 6D.02 communicated informally to consistent with the remainder of the Accessibility Considerations, which jurisdictions in training and MUTCD. The remainder of the provides additional information about presentations by the FHWA Office of SUPPORT statement remains a pedestrian accessibility. Safety regarding roadside safety and SUPPORT statement. The FHWA 240. In Section 6F.13, SIDEWALK countermeasures for run-off-the-road received two comments from ATSSA CLOSED Signs (R9–9, R9–10, R9–11, crashes, and is a reasonable phase-in and the City of Tucson, Arizona, in R9–11a), to provide adequate route target date for achieving compliance. support of this change, and incorporates guidance information to pedestrians, the Additionally, the FHWA adds a this change in this final rule. FHWA proposed to add to the first GUIDANCE statement regarding the Additionally, the FHWA identifies the GUIDANCE statement that Bicycle/ type of sign post to be used in the clear three page images of regulatory signs Pedestrian Detour (M4–9a) or Pedestrian zone. The FHWA received three that follow page 6F–7 (as numbered in Detour (M4–9b) signs should be used comments from the NCUTCD, the City the 2000 MUTCD) as ‘‘Figure 6F–3 where pedestrian flow is rerouted. The of Charlotte, North Carolina, and a Regulatory Signs in Temporary Traffic FHWA received one comment from the private citizen opposed to the new Control Zones,’’ and numbers them NCUTCD opposed to this new text, GUIDANCE. The City of Charlotte, Sheets 1 and 2. In the NPA, the FHWA suggesting that reference to these signs North Carolina, and a private citizen proposed that each page of sign images is not necessary in this section. The suggested that the statement be have a distinct figure number and title; FHWA disagrees and adopts the strengthened to a STANDARD, in order however, several commenters suggested references to the M4–9a and M4–9b to require that sign posts placed in the that the various titles were confusing. signs in this final rule. The SIDEWALK clear zone be yielding or breakaway. Additionally the FHWA removes all of CLOSED signs are used in situations The FHWA disagrees that this should be the sign sizes from the pages of sign where the normal pedestrian traffic is a STANDARD because jurisdictions images, because sign sizes are now rerouted. need the flexibility to address unusual included in Table 6F–1. Additionally, the FHWA adds to the situations, but the FHWA revises the In the NPA, the FHWA proposed SUPPORT statement that printed signs wording of the GUIDANCE in this final increasing the size of the following signs are not useful to pedestrians with visual rule to be consistent with other in Table 6F–1: PEDESTRIAN disabilities. In the NPA, the FHWA references. CROSSWALK, SIDEWALK CLOSED, proposed to add that accessible The FHWA also adds a SUPPORT SIDEWALK CLOSED USE OTHER SIDE, pedestrian signals can provide audible statement regarding crashworthiness of SIDEWALK CLOSED CROSS HERE, and information about closures and alternate sign supports. The FHWA received SIDEWALK CLOSED AHEAD CROSS routes. The FHWA received one three comments from the NCUTCD, the HERE to make it easier for a pedestrian comment from the NCUTCD opposed to City of Charlotte, North Carolina, and a to read these signs from across a wide this additional text, stating that it was private citizen suggesting that this street. The FHWA received comments repetitive. The FHWA received three statement is not necessary. The FHWA from the NCUTCD, the City of Charlotte, comments from associations disagrees because this statement North Carolina, and a private citizen representing the blind community conveys important information about opposed to the larger sign sizes, and one suggesting that the statement be crashworthiness of sign supports. The comment from the Connecticut DOT expanded to provide more useful FHWA revises the statement slightly in questioning why the larger signs were information about how to communicate this final rule to clarify the language and needed. The reason for increasing the sidewalk closure information to add a reference to NCHRP Report 350. size of the signs was to make them more pedestrians with visual disabilities. The In the NPA, the FHWA proposed readable from across the street, and to FHWA agrees and incorporates adding OPTION, GUIDANCE, and make them more readable by additional information regarding the use OPTION statements at the end of the pedestrians with visual disabilities. of barriers, detectable barricades, section regarding sign supports for long- Based on the comments, and FHWA’s accessible signage, and audible term and short-term use. Based on judgment that 48-inch-wide signs would information. comments, the FHWA removes these be too wide, thus in some cases blocking 241. In Section 6F.14 Special statements from this final rule, because the sidewalk, the FHWA restores the Regulatory Signs, the FHWA adds a this information is contained in Section size of these signs to 600 x 300 mm (24 SUPPORT statement referencing Section 6F.01 Types of Devices and it is not x 12 in) in this final rule. Jurisdictions 2B.17 FINES HIGHER PLAQUE for necessary to repeat it in this section. may use larger sizes when needed and information regarding the use of the In Figure 6F–2, the FHWA adds the where feasible. FINES HIGHER sign, because this sign phrase, ‘‘above the traveled way,’’ to the 239. In Section 6F.12 PEDESTRIAN can be useful in enhancing speed mounting height notes in the figure to CROSSWALK Sign (R9–8), the FHWA enforcement in temporary traffic control be consistent with the corresponding adds a STANDARD statement following zones. The FHWA received three standard statements in this section. the OPTION statement that if a comments from ATSSA, the City of 238. In Section 6F.06 Regulatory Sign temporary crosswalk is established, it Tucson, Arizona, and the Associated Design, the FHWA changes the first shall be accessible to pedestrians with General Contractors of America in sentence of the SUPPORT statement (in disabilities. The FHWA received eight support of this new statement, and one the 2000 MUTCD) to become a new comments from the City of Tucson, from the NCUTCD opposed to it. The

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NCUTCD suggested that reference to these pages similar to the illustrations of size of 900 x 900 mm (36 x 36 in), this sign is not necessary in this section. regulatory signs. The FHWA identifies however agencies may choose to use The FHWA disagrees and adopts this the following page of sign images larger sizes where they feel it is new statement in this final rule. ‘‘Figure 6F–5 Exit Open and Closed and appropriate. Practitioners may not otherwise find Detour Signs.’’ A traffic engineering consultant that such a sign exists without the Similar to comments in Section 2C.30 suggested that the FHWA add a new reference in Part 6 where they would Speed Reduction Signs, the FHWA section to allow for Special Warning typically look for temporary traffic received two comments from the Signs similar to the provision for control signs and the related text. Missouri DOT and Lake County, Illinois, Special Regulatory Signs in 6F.14. The 242. In Section 6F.15 Warning Sign opposed to changing the Reduced Speed FHWA agrees and has included a new Function, Design, and Application, the Ahead sign from a regulatory sign to a Section 6F.47 Special Warning Signs. FHWA adds to the first OPTION warning sign. Consistent with the 243. In Section 6F.17 ROAD statement that warning signs used for decision in Part 2, the FHWA changes (STREET) WORK Sign (W20–1), in the temporary traffic control incident the Reduced Speed Ahead sign to a NPA, the FHWA proposed adding an management situations may have a warning sign with sign designations OPTION statement indicating that, black legend and border on a fluorescent W3–5 and W3–5a. where traffic can enter a temporary pink (referred to as coral in the NPA) The FHWA received three comments traffic control zone from a crossroad or background, as an alternative to black from the Ohio DOT, the City of a major (high volume) driveway, an on orange. This is consistent with Charlotte, North Carolina, and a private advance warning sign may be used on changes in Section 6F.02 General citizen suggesting additional the crossroad or major driveway to alert Characteristics of Signs and the new information regarding the use of the road users. The FHWA received Chapter 6I. The FHWA received one new dump truck symbol warning sign comments from ATSSA, the City of comment from Lake County, Illinois, (W11–10a) to clarify where the sign Tucson, Arizona, and a private citizen opposed to the use of fluorescent pink, should be used. Consistent with Chapter in support of this change, and one suggesting that highway incident 2C, the FHWA withdraws the proposed comment from the NCUTCD suggesting management signing needs to be new dump truck symbol warning sign that this statement be strengthened to a consistent with emergency management (W11–10a) and instead illustrates the GUIDANCE. The FHWA agrees that use signing. The FHWA disagrees because W11–10 truck warning symbol sign. The of the sign on the crossroad is important these are two different situations and FHWA also adds a new section for safety and changes this statement to there is no reason why these signs need numbered and titled, ‘‘Section 6F.34 a GUIDANCE in this final rule. to be the same color. The FHWA adopts Motorized Traffic Signs (W8–6, W11– 244. In Section 6F.24 the FHWA the change as proposed in the NPA. 10),’’ to clarify sign use. changes the title of the section from Additionally, in the NPA, the FHWA The FHWA received two comments ‘‘Lane Reduction Sign (W4–2)’’ to ‘‘Lane proposed to add to the GUIDANCE from the Ohio DOT regarding the NO Ends Sign (W4–2)’’ to reflect the sign’s statement that where road users include CENTER STRIPE (W8–12) sign. First, name change and to be consistent with pedestrians, the provision of the Ohio DOT suggested that a sign be Part 2. The FHWA received one supplemental audible or tactile warning added to address the situation when the comment from the City of Tucson, information should be considered for edge line has been obliterated. The Arizona, in support of this change, and people with visual disabilities. The FHWA believes that this is not usually adopts this change. The FHWA received FHWA received one comment from the a situation that requires warning, three comments from the Minnesota City of Tucson, Arizona, in support of because there are many roads that do DOT, the City of Charlotte, North this statement, and four from not have edge lines, however there is Carolina, and a private citizen opposed associations representing the blind nothing that would prohibit an agency to the new sign design for the W4–2 community opposed to it. The NCUTCD from developing a special word message sign, which depicts a lane ending. suggested that this statement is warning sign with the legend NO EDGE Please refer to the discussion regarding repetitive. Three comments from LINE that would be similar to the W8– this sign in Section 2C.33 Lane Ends associations representing the blind 12 sign. Second, the Ohio DOT opposed Signs (W4–2, W9–1, W9–2) above. community suggested that the statement the NO CENTER STRIPE sign, 245. In Section 6F.27 SLOW TRAFFIC be revised to provide for supplemental suggesting that the legend should read AHEAD Sign (W23–1), the FHWA audible information or detectable NO CENTER LINE. The FHWA proposed changing the sign shape from barriers or barricades, rather than tactile disagrees because ‘‘centerline’’ is a a rectangle to a diamond. The FHWA information, for pedestrians with visual single word, and to be technically received two comments from the City of disabilities. The FHWA agrees and correct would need to be on the same Charlotte, North Carolina, and a private incorporates these revisions in this final line. The FHWA believes that the public citizen opposed to it to the change in rule. The FHWA also inserts a understands both ‘‘centerline’’ and sign shape, stating that the rectangular SUPPORT statement following the ‘‘center stripe’’ equally well, so it adopts sign fits better than a diamond sign on GUIDANCE to clarify how detectable the NO CENTER STRIPE legend on the the back of a moving truck, which is barriers and barricades assist W8–12 sign in this final rule. where this sign is primarily used. The pedestrians with visual disabilities. The FHWA received two comments FHWA agrees and illustrates a Additionally, the FHWA identifies the from the City of Charlotte, North rectangular shaped W23–1 sign in six page images of warning signs that Carolina, and a private citizen regarding Figure 6F–4. follow page 6F–13 (as numbered in the the BE PREPARED TO STOP 246. In Section 6F.28 EXIT OPEN, 2000 MUTCD) as ‘‘Figure 6F–4 Warning (designated W20–7b in the NPA) sign. EXIT CLOSED, EXIT ONLY Signs (E5– Signs in Temporary Traffic Control Both commenters suggested that a larger 2, E5–2a, E5–3) (titled EXIT OPEN, EXIT Zones,’’ and numbers them Sheets 1 size be used. The FHWA revises the CLOSED Signs (E5–2, E5–2a) in the through 4. In the NPA, the FHWA designation for this sign to be W3–4 NPA), the FHWA adds a GUIDANCE proposed that each page of sign images throughout Part 6 to maintain statement indicating that when an exit have a distinct figure number, however consistency with Chapter 2C. The W3 ramp is closed, a black on orange EXIT in this final rule the FHWA numbers Series in Chapter 2C has a conventional CLOSED panel should be placed

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diagonally across the interchange/ 248. In Section 6F.38 Signs for separates these sections in this final rule intersection guide signs to enhance the Blasting Areas (numbered Section 6F.37 into Section 6F.42 Shoulder Signs (W8– information provided to road users. The in the NPA), the FHWA removes the 4, W8–9, W8–9a) and Section 6F.43 FHWA received one comment from the GUIDANCE statement from this section. UNEVEN LANES Sign (W8–11). City of Tucson, Arizona, in support of The GUIDANCE statement included a In Section 6F.42 Shoulder Signs (W8– this new GUIDANCE statement, and five minimum safe distance of 300 m (1000 4, W8–9, W8–9a), the FHWA includes comments from the NCUTCD, the ft) for placing warning signs, however an OPTION statement to allow the use Wisconsin DOT, Caltrans, the City of this information is stated as a of the SOFT SHOULDER sign to warn of Charlotte, North Carolina, and a private STANDARD in Sections 6F.40 and a soft shoulder condition and the LOW citizen opposed to it. The NCUTCD 6F.41 (numbered 6F.38 to 6F.40 in the SHOULDER sign to warn of a shoulder suggested that the GUIDANCE be NPA). The FHWA received comments condition where there is an elevation changed to an OPTION, because ramp from the City of Charlotte, North difference of less than 75 mm (3 in) closures may occur for only a short Carolina, and a private citizen between the shoulder and the travel period of time, and installing EXIT requesting that this inconsistency be lane. The FHWA received two CLOSED panels on freeway guide signs resolved. The FHWA agrees that the comments in support of these changes involves significant effort. STANDARD should take precedence from a private citizen and the Caltrans and the Wisconsin DOT and removes the GUIDANCE from Motorcycle Safety Foundation, and suggested that the diagonal orientation Section 6F.38. adopts these changes. of the sign would be especially 249. In Section 6F.40 TURN OFF 2- The FHWA received two comments confusing on guide signs with more WAY RADIO AND CELL PHONE Sign from the Illinois DOT and a traffic than one exit, because a portion of the (W22–2) (numbered Section 6F.39 in the engineering consultant opposed to street name would be covered and NPA), the FHWA received two mandating the use of SHOULDER DROP unreadable for road users desiring to use comments from the City of Charlotte, OFF signs. Those opposed expressed the exit that is open. The City of North Carolina, and a private citizen that the text should be a GUIDANCE, because requiring the use of SHOULDER Charlotte, North Carolina, and a private opposed to adding the word ‘‘CELL’’ to DROP OFF signs at all locations that citizen suggested that the size of the the legend of the W22–2a sign. The meet the criteria would be a panel be changed to better cover the commenters suggested that other mobile considerable hardship on agencies to sign. The FHWA disagrees with the phones have the same risk of causing properly identify all locations and sign opposing comments because it is very premature firing of detonators. These them at all times. The FHWA agrees and important, particularly for unfamiliar commenters also suggested that the sign revises this as to a GUIDANCE and adds road users, to know that an exit is needed to be more readable with larger letter sizes and only three lines of text. clarifying text consistent with Chapter closed, and covering only a portion of The FHWA believes that the sign, as 2C in this final rule. the message by using the diagonal proposed in the NPA with the word In Section 6F.43 UNEVEN LANES placement of the sign gives road users ‘‘CELL’’, is appropriate. The Temporary Sign (W8–11) (numbered Section 6F.42 a visual clue as to what exit is closed. Traffic Controls Committee of the in the 2000 MUTCD), the FHWA Because this sign may be used for other NCUTCD supported the sign proposed maintains the GUIDANCE statement applications, the sign size, as proposed in the NPA based on information from the 2000 MUTCD text, and adds in the NPA, is appropriate. received from representatives of the the phrase ‘‘that are open to travel’’ at The FHWA adds the EXIT ONLY sign blasting industry and the Federal the end of the sentence to address a (E5–3) to Figure 6F–5, and changes the Communication Commission. Even comment received in Section 2C.26 title of the figure to ‘‘Exit Open and though there are some other types of Shoulder Signs suggesting additional Closed and Detour Signs.’’ The EXIT mobile phones and radios that can information be included regarding the ONLY sign has been in the ‘‘Standard potentially cause premature firing of use of the UNEVEN LANES sign. In the Highway Signs’’ book for many years detonators, two-way radios and cell NPA, the FHWA proposed including the and is used in some applications, so the phones constitute the bulk of the word ‘‘substantial’’ in the description of FHWA determines that it is to be devices in use in vehicles today, and the the difference in elevation between included in this section to correct an FHWA believes the terminology is best adjacent lanes. The FHWA received four earlier omission. understood by the public. The FHWA comments from the NCUTCD, the 247. The FHWA adds a new section changes the sign designation from W22– Illinois DOT, the City of Charlotte, numbered and titled, ‘‘Section 6F.34 2a to W22–2 in this final rule, because North Carolina, and a private citizen Motorized Traffic Signs (W8–6, W11– there is no sign currently designated suggesting that the word ‘‘substantial’’ 10).’’ The FHWA adds this section in W22–2. be removed, because it is vague. The this final rule for consistency with 250. In the NPA, the FHWA proposed FHWA agrees and adopts the Section 2C.36 Motorized Traffic Signs combining Sections 6F.41 and 6F.42 (as GUIDANCE with modifications in this (W8–6, W11–10) and to address numbered in the 2000 MUTCD) into one final rule. comments received in Section 6F.15 section numbered and titled, ‘‘Section 251. The FHWA adds a new section Warning Sign Function, Design, and 6F.41 Shoulder and UNEVEN LANES numbered and titled, ‘‘Section 6F.45 Application. This new section mirrors Signs (W8–4, W8–9, W8–9a, and W8– Double Reverse Curve Signs (W24 text in Section 2C.36 Motorized Traffic 11).’’ Although the FHWA received Series).’’ (This section was numbered Signs (W8–6, W11–10) and includes comments from a private citizen and the Section 6F.43 in the NPA.) This section OPTION and SUPPORT statements Motorcycle Safety Foundation in contains an OPTION statement clarifying the use of the Motorized support of combining these sections, the regarding the use of the Double Reverse Traffic (W8–6, W11–10) signs to alert NCUTCD suggested that these two Curve sign when the tangent distance road users to locations where sections should not be combined between two reverse curves is unexpected use of the roadway by because they each describe unique insufficient for a second Reverse Curve construction vehicles might occur. The applications and having two separate sign to be placed between the curves. FHWA renumbers the subsequent sections enhances practitioners’ The FHWA received two comments sections accordingly. understanding. The FHWA agrees and from ATSSA and the City of Tucson,

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Arizona, in support of this new FHWA disagrees that the black circle clarifies that the END ROAD WORK sign statement, and one from the NCUTCD around the numerals is confusing, should be placed near the end of the suggesting that the word ‘‘insufficient’’ because it is necessary that this sign termination area, as determined by be defined as ‘‘less than 180 m (600 look different from the English-unit sign engineering judgment. feet).’’ The FHWA agrees and clarifies in order to avoid confusion. The FHWA 257. In Section 6F.53 Detour Signs the OPTION statement in this final rule. adopts the black circle on the sign in and Markers (M4–8, M4–8a, M4–8b, This section also contains a this final rule. The FHWA agrees that M4–9, M4–9a, M4–9b, M4–9c, and M4– STANDARD statement that if a Double periods are not necessary in the 10) (numbered Section 6F.50 in the Reverse Curve sign is used, the number acronym MPH and removes the periods NPA), the FHWA changes the title to of lanes illustrated on the sign shall be from the sign images and from the include signs specifically for detouring the same as the number of through lanes listing in Table 1A–1, to reflect common pedestrians and bicyclists. available to road users, and the practice. Additionally, the FHWA adds to the direction of the double reverse curve 255. In Section 6F.50 Guide Signs first OPTION statement that signs used shall be appropriately illustrated. The (numbered Section 6F.47 in the NPA), for temporary traffic control of incident FHWA received two comments from the FHWA adds to the OPTION ATSSA and the City of Tucson, Arizona, statement that guide signs used for management situations may have a in support of this new statement, and temporary traffic control incident black legend and border on a fluorescent three comments from Caltrans, the City management situations may have a pink (referred to as coral in the NPA) of Charlotte, North Carolina, and a black legend and border on a fluorescent background, as an alternative to black private citizen suggesting that pink (referred to as coral in the NPA) on orange, to correspond to changes in illustrating the number of lanes on the background as an alternative to black on Section 6F.02 General Characteristics of sign may be complex for multi-lane orange, to correspond with the change Signs. The FHWA received one applications. The FHWA adopts the text in Section 6F.02 General Characteristics comment from the City of Tucson, in this final rule, because it is important of Signs. The FHWA received one Arizona, supporting this change, and to convey to road users that all of the comment from the City of Tucson, incorporates this change. lanes continue. Two commenters from Arizona, in support of this change, and Additionally, at the end of the second City of Charlotte, North Carolina, and a three comments from the City of GUIDANCE statement, the FHWA adds private citizen suggested that the size of Charlotte, North Carolina, a private that the Pedestrian/Bicycle Detour (M4– the W24 series signs be 1200 x 1200 mm citizen, and a traffic engineering 9a) sign should be used where a (48 x 48 in). The FHWA believes that for consultant suggesting that wording of pedestrian/bicycle detour route has one and two lane Double Reverse Curve the STANDARD and the GUIDANCE been established because of the closing signs, the 900 x 900 mm (36 x 36 in) relating to the color of additional guide of a pedestrian/bicycle facility to signs as proposed in the NPA are signs in temporary traffic control zones through traffic. In the NPA, the FHWA appropriate, but that for three or more was inconsistent and confusing. To proposed that this be a STANDARD, lanes, larger sizes may be desirable, and clarify, the FHWA revises the rather than GUIDANCE; however, the there is nothing preventing agencies STANDARD statement in this final rule FHWA believes that GUIDANCE is more from using larger sign sizes. to specify that if additional temporary appropriate and is consistent with 252. In Section 6F.46 Other Warning guide signs are used in temporary traffic Section 6F.13 Sidewalk Closed Signs. Signs (numbered 6F.44 in the NPA), the control zones, they shall have a black The FHWA adds a STANDARD FHWA revises the STANDARD legend and border on an orange statement that if used, the Pedestrian/ statement to reference Section 6F.02 for background. The FHWA also adds a Bicycle Detour sign shall have an arrow exceptions to using black legends and paragraph to the OPTION stating that pointing in the appropriate direction. borders on orange backgrounds for when permanent directional or street Additionally, the FHWA adds an warning signs. The FHWA includes this name signs are used with detour OPTION statement at the end of the change in this final rule because it is signing, they may have a white legend section that an arrow may be on the sign necessary to be consistent with other on a green background. This will clarify face or on a supplemental plaque. The sections of the MUTCD. that street name signs do not need to be Pedestrian/Bicycle Detour (M4–9a) sign 253. The FHWA adds a new section on an orange background. or Bicycle Detour (M4–9c) sign may be numbered and titled, ‘‘Section 6F.47 256. In Section 6F.52 END ROAD used where a pedestrian or bicycle Special Warning signs.’’ This section WORK Sign (G20–2) (numbered Section detour route (not both) has been contains OPTION and GUIDANCE 6F.49 in the NPA), the FHWA changes established because of the closing of statements with information regarding the GUIDANCE statement to indicate that particular facility to through traffic. the design of special warning signs. The that the END ROAD WORK sign should The FHWA received eleven comments FHWA adds this section to this final be placed near the end of the from the Florida DOT, the City and rule to remind readers that special word termination area, rather than specify a County of Denver, Colorado, the City of message warning signs may be used. distance beyond the end of the Tucson, Arizona, the Association of This section parallels a similar section temporary traffic control zone as in the Pedestrian and Bicycle Professionals, in Part 2 that allows the use of special 2000 MUTCD. The FHWA received two word signs, and adding the section to comments from the NCUTCD and the and private citizens in support of the Part 6 is necessary for consistency. Wisconsin DOT opposed to this change. changes to include signs specifically for 254. In Section 6F.48 Advisory Speed The NCUTCD suggested that the detouring pedestrians and bicyclists. Plaque (W13–1) (numbered Section wording be changed to indicate that this 258. In Section 6F.55 Portable 6F.45 in the NPA), the FHWA received sign is not always necessary, and the Changeable Message Signs (numbered comments from the Ohio DOT opposed Wisconsin DOT suggested that a Section 6F.52 in the NPA), the FHWA to the design of the sign—both the black placement distance be included. The adds a sentence at the end of the first circle around the numerals on the FHWA agrees with the NCUTCD and STANDARD statement that each metric sign and the use of periods adds the phrase ‘‘when used’’ at the character module shall use at least a five between the letters for the acronym start of the GUIDANCE. Rather than wide and seven high pixel matrix, based ‘‘M.P.H.’’ on the English-units sign. The specifying a distance, the FHWA further on research regarding visibility and

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legibility of changeable message signs.50 separately. The FHWA adopts the letter additional flexibility. Any further The FHWA received one comment from heights as proposed in the NPA. changes would require notice and the NCUTCD opposing this change, The FHWA received one comment public comment in a future rulemaking. stating that other units are in use. The from the NCUTCD opposed to the The FHWA also consolidates all of the FHWA believes that this is a minimum minimum three second per phase SUPPORT statements in this section requirement, and the FHWA includes recommendation for the adjustable under one heading at the beginning of this sentence in this final rule. display rates, stating that there was no the section. The FHWA makes this Additionally, the FHWA adds to the documentation indicating that three minor editorial change to better organize first GUIDANCE statement that for a seconds was appropriate. The FHWA the section, based on a suggestion from trailer or large truck mounted sign, the disagrees because a minimum display a traffic engineering consultant. letter height should be a minimum of time needs to be specified for each 259. In Section 6F.56 Arrow Panels 450 mm (18 in). For a service patrol message phase to give road users a (numbered Section 6F.53 in the NPA), truck mounted sign, the letter height reasonable chance to read the message the FHWA adds to the first GUIDANCE should be a minimum of 250 mm (10 before it goes away and, based on the statement that an arrow panel in the in). The message panel should have previously-cited research addressing the arrow mode should be used to advise adjustable display rates (minimum of 3 needs of older drivers, believes three approaching road users of a lane closure seconds per phase) so that the entire seconds is sufficient. along major multi-lane roadways in message can be read at least twice at the Additionally, for clarity, the FHWA situations involving heavy traffic posted speed, the off-peak 85th moves the GUIDANCE information volumes, high speeds, and/or limited percentile prior to work starting, or the regarding the factors that agencies sight distances, or at other locations and anticipated operating speed. Because should take into account when under other conditions where road users the FHWA is retaining the current designing changeable messages from the are less likely to expect such lane guidance that road users should be able end of the section to the end of the first closures. The FHWA received one to read the entire message twice, there GUIDANCE statement. comment from the City of Tucson, may be a need in some temporary traffic Additionally, the FHWA changes and Arizona, in support of this change. The control zones to use more than one relocates from the first GUIDANCE NCUTCD opposed this change Portable Changeable Message sign. The statement to the following OPTION suggesting that ‘‘Sequential Chevron FHWA incorporates these changes in statement (based on the 2000 MUTCD) mode’’ be added, because chevron mode response to research addressing the that smaller letter sizes may be used on is also permitted for arrow panels in this needs of older road users.51 a sign mounted on a trailer or large case. The FHWA agrees and The FHWA received one opposing truck provided that the message is incorporates this change. comment from a traffic engineering legible from a minimum distance of 200 The FHWA also revises the last consultant suggesting that legibility m (650 ft), or a sign mounted on a paragraph of this GUIDANCE statement depends on several factors and that, at service patrol truck provided that the to clarify that if it is not removed, an a minimum, letter heights on trailer or message is legible from a minimum arrow panel within the clear zone large truck mounted signs and distance of 100 m (330 ft). The FHWA should be delineated with changeable message signs mounted on received one comment from the retroreflective temporary traffic control service patrol trucks should be the NCUTCD opposed to this paragraph, devices if it is not feasible to shield it same, at 450 mm (18 in). The Virginia stating that there is not sufficient with a barrier or crash cushion when it DOT agreed with allowing smaller letter documentation to justify smaller letter is not in use. The FHWA received one heights for service patrol trucks and also sizes. The FHWA adopts the OPTION as comment from a private citizen opposed suggested that letter heights for signs proposed in the NPA, because service to this change, stating that shielding the used on work vehicles in moving patrol trucks are typically small pick-up arrow panel with a barrier or crash operations could also be smaller. The trucks on which it is not practical to cushion is impractical. The FHWA FHWA received one opposing comment mount large signs. notes that the change proposed in the Additionally, the FHWA adds a fourth from a traffic control device NPA actually clarified that the shielding paragraph to the second STANDARD manufacturer suggesting that letter only pertains to arrow panels not in use, statement to clarify that the mounting of heights for changeable message signs and that retroreflective delineation is Portable Changeable Message signs on a should be consistent with the size of acceptable. The FHWA adopts the trailer, a large truck, or a service patrol change as proposed in the NPA. lettering on static signs. The FHWA truck shall be such that the bottom of The FHWA revises the last paragraph disagrees because the sign types are the message sign panel shall be a of the sixth STANDARD statement to entirely different and need to be treated minimum or 2.1 m (7 ft) above the clarify the language. The FHWA roadway in urban areas and 1.5 m (5 ft) received no comments regarding this 50 ‘‘Changeable Message Sign Visibility,’’ Federal Highway Administration publication number in rural areas when it is in the operating change, and adopts this change. FHWA–RD–94–077, by P.M. Garvey and D.J. Mace, mode, to correspond with mounting However, the FHWA received two 1994, is available from FHWA, Turner-Fairbank heights for ground-mounted signs. The comments from the City of Charlotte, Highway Research Center, 6300 Georgetown Pike, FHWA received one comment from a North Carolina, and a private citizen McLean, Virginia 22101. It is also available for purchase from The National Technical Information traffic engineering consultant opposed regarding the fifth GUIDANCE statement Service, Springfield, Virginia 22161, (703) 605– to these mounting heights, stating that it and the last paragraph of the last 6000. Internet Web site address at http:// is sometimes not practical or necessary STANDARD statement concerning the www.ntis.gov. to mount the large, heavy signs this use of the word ‘‘shift’’ as it relates to 51 Information about this research is summarized on pages 253–263 of the ‘‘Highway Design high. The commenter suggested that this moving traffic over laterally. Because Handbook for Older Drivers and Pedestrians,’’ be changed to a GUIDANCE to give the intent throughout the MUTCD is Report number FHWA–RD–01–103, published by more flexibility. The FHWA retains this that arrow panels are to be used only in the FHWA Office of Safety Research and as a STANDARD, because the only merging operations, not to shift traffic Development, 2001. It is available for purchase from The National Technical Information Service, change from the 2000 MUTCD is to add laterally, the FHWA revises these Springfield, Virginia 22161, (703) 605–6000. that these signs may be mounted lower statements accordingly. The FHWA Internet Web site address at http://www.ntis.gov. in rural areas, thereby giving agencies makes these changes in the final rule,

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due to the comments received and the last sentence regarding fragments or proposed in the NPA. The FHWA need to clarify the proper use of arrow other debris from channeling devices or removes this footnote because devices panels. ballast. The NCUTCD disagreed with constructed of lumber have not passed The FHWA also adds an OPTION at removing this phrase, but did not cite a NCHRP 350 crashworthy criteria. the end of the section to indicate that a reason. The FHWA adopts the sentence Additionally, in the 2000 MUTCD a portable changeable message sign may as proposed in the NPA because debris new recommendation was established be used to simulate an arrow panel and fragments pose a hazard to road in this section that channelizing devices display. The FHWA received one users and workers, even if not in the in temporary traffic control zones comment from the Illinois DOT opposed immediate area. The City of Charlotte, should be crashworthy. No special to this new OPTION, stating that it North Carolina, and a private citizen phase-in target compliance date was should be deleted because portable suggested that this statement should be established at that time. Based on changeable message signs are not nearly a STANDARD and that all channelizing comments that agencies are as conspicuous as arrow panels. The devices shall be crashworthy. The encountering difficulties and economic FHWA disagrees because portable FHWA disagrees because not every impacts given the extensive testing of changeable message signs are often used channelizing device is required to be devices that has to occur in accordance as a supplement to arrow panels well in crashworthy. The FHWA adopts the with NCHRP Report 350 52 in order to advance of the arrow panels where long language of this statement as proposed determine and certify crashworthiness, queues are expected. The FHWA adopts in the NPA. the FHWA determines that a special this new OPTION in this final rule. Additionally, the FHWA adds a note phase-in target compliance date is 260. In Section 6F.58 Channelizing to Figure 6F–7 (numbered 6F–14 in the required for the crashworthiness Devices (numbered Section 6F.55 in the NPA), (Sheet 1 of 2) that if drums, provision in this section. Therefore, in NPA), following the first SUPPORT cones, or tubular markers are used to this final rule, the FHWA establishes a statement, the FHWA proposed adding channelize pedestrians, they shall be special phase-in target compliance date a STANDARD statement, GUIDANCE located such that there are no gaps of January 17, 2005, for when statement, and another STANDARD between the bases of the devices, in channelizing devices in temporary statement defining the use of order to create a continuous bottom, and traffic control zones should be channelizing devices to channelize the height of each individual drum, crashworthy. The FHWA believes this pedestrians and that they need to be cone, or tubular marker shall be no less target date of four years from the detectable to users of long canes. While than 915 mm (36 in) to be detectable to effective date of the 2000 MUTCD there were eight comments from the users of long canes. The FHWA received provides agencies with a reasonable City and County of Denver, Colorado, three comments from the NCUTCD, the period in which to phase in the use of and private citizens in support of these City of Charlotte, North Carolina, and a compliant channelizing devices in new statements, the City of Charlotte, private citizen opposed to this new temporary traffic control zones. North Carolina, and a private citizen note, suggesting that it be revised to In the NPA, the FHWA proposed a suggested that use of these devices indicate that criteria apply only at phase-in target compliance date of five should only be necessary at locations locations where the presence of disabled years from the effective date of this final that are likely to be used by pedestrians pedestrians is likely. The FHWA rule for the changes in this section with visual disabilities. Lake County, addresses this comment by beginning regarding pedestrian accessibility Illinois, opposed this change, stating this note with ‘‘if’’ rather than ‘‘when’’ (detectability by users of long canes). that the individual highway agencies in this final rule. Because a five year phase-in target should have more flexibility in meeting Additionally, the FHWA adds a note compliance date has been established the ADA Guidelines. Several to Figure 6F–7 (numbered 6F–14 in the for Sections 6D.01 Pedestrian representatives of the blind community NPA), (Sheet 2 of 2) that if barricades Considerations and 6D.02 Accessibility recommended rewording to include that are used to channelize pedestrians, Considerations, which in turn affect the devices should be detectable not there shall be continuous detectable many other sections throughout Part 6, only to users of long canes, but also bottom and top rails with no gaps a special phase-in target compliance visible to persons having low vision, between individual barricades to be date just for Section 6F.58 is not because many persons who are severely detectable to users of long canes. The necessary. Accordingly, the FHWA visually impaired do not travel with the bottom of the bottom rail shall be no withdraws the proposed five-year aid of a long cane or a guide dog, but higher than 150 mm (6 in) above the phase-in target compliance date for rely on their diminished vision for ground surface. The top of the top rail accessibility requirements of this travel information. Channelizing shall be no lower than 915 mm (36 in) section. devices that are made highly visible by above the ground surface. The FHWA 261. In Section 6F.59 Cones strong contrast are accessible to received three comments from the (numbered Section 6F.56 in the NPA), pedestrians with low vision. The FHWA NCUTCD, the City of Charlotte, North the FHWA adds to the STANDARD agrees and revises the STANDARD Carolina, and a private citizen opposed statement that retroreflectorization of statement accordingly. The FHWA to this new note, suggesting that it be cones that are more than 900 mm (36 in) changes the proposed GUIDANCE to an revised to indicate that criteria apply in height shall be provided by OPTION, because it was inadvertently only at locations where the presence of horizontal, circumferential, alternating classified as a GUIDANCE in the NPA. disabled pedestrians is likely. The orange and white retroreflective stripes The FHWA also modifies this statement, FHWA addresses this comment by that are 100 to 150 mm (4 to 6 in) wide. increasing the maximum gap size beginning this note with ‘‘if’’ rather than Each cone shall have a minimum of two between the bottom rail and the ground ‘‘when’’ in this final rule. orange and two white stripes with the to 150 mm (6 in) (proposed as 38 mm, The FHWA received comments from 1.5 inches in the NPA) to facilitate the NCUTCD, the City of Charlotte, 52 NCHRP Report 350, ‘‘Recommended drainage. North Carolina, and a private citizen Procedures for the Safety Performance Evaluation of Highway Features,’’ 1993, is available for The FHWA revises the first suggesting that the footnote regarding downloading from the Transportation Research GUIDANCE statement by removing the nominal lumber dimensions on each of Board at the following URL: http://gulliver.trb.org/ phrase ‘‘in the immediate area’’ from the the figures not be removed as was publications/nchrp/nchrp_rpt_350-a.pdf.

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top stripe being orange. Any non- repetition is necessary and the FHWA circulation routes more than 100 mm (4 retroreflective spaces between the adopts this paragraph in this final rule, in) from the support between 675 mm orange and white stripes shall not with minor editorial changes. (27 in) and 2000 mm (80 in) from the exceed 75 mm (3 in) in width. The 263. In Section 6F.61 Vertical Panels surface, as described in Section 4.4.1 of FHWA also adds an illustration of a (numbered Section 6F.58 in the NPA), the ‘‘Americans With Disabilities Act cone more than 900 mm (36 in) in the FHWA proposed to include in the Accessibility Guidelines For Buildings height to Figure 6F–7 (Sheet 1 of 2). first STANDARD statement that vertical And Facilities (ADAAG).’’ Additionally, These changes will enhance the panels shall be mounted a minimum of supports shall not narrow the pedestrian visibility of cones at night and improve 1050 mm (42 in) above the pedestrian facility to less than 1200 mm (48 in) in safety in temporary traffic control zones. travel way, so as not to interfere with width, with a 1500 × 1500 mm (60 × 60 The FHWA received three comments pedestrians, and that vertical panels in) passing space at least every 60 m from the Ohio DOT, the City of Tucson, shall be mounted with the bottom no (200 ft), as described in Section 4.3.4 of Arizona, and the Association of greater than 300 mm (12 in) above the ADAAG. The FHWA received three Pedestrian and Bicycle Professionals in ground. The FHWA received two comments from the Ohio DOT, the City support of this new paragraph, and comments from the City of Tucson, of Tucson, Arizona, and the Association adopts it in this final rule. The FHWA Arizona, and the Association of of Pedestrian and Bicycle Professionals also adds an illustration of a cone that Pedestrian and Bicycle Professionals in in support of this new STANDARD, and is more than 900 mm (36 in) in height support of the changes. The NCUTCD, four comments from the NCUTCD, the to Figure 6F–7 (sheet 1 of 2), to aid in the City of Charlotte, North Carolina, Connecticut DOT, the City of Charlotte, user understanding. The FHWA and a private citizen opposed this North Carolina, and a private citizen establishes a phase-in target compliance change stating that the text should be opposed to it. The City of Charlotte, date of five years from the effective date revised so that the requirements North Carolina, and a private citizen of this final rule for these changes in pertained only to those areas where suggested that the wording be revised so order to minimize any impact on State disabled pedestrians were likely to be that these requirements are necessary or local governments. present. Because this information only in locations where pedestrians Additionally, in the first GUIDANCE regarding pedestrian accessibility is with disabilities are likely to be present. statement the FHWA adds that cones now included elsewhere in Part 6 in this The Connecticut DOT suggested that should not be used for pedestrian final rule, the FHWA withdraws this this STANDARD conflicts with other channelization or as pedestrian barriers proposal and retains the text in the 2000 sections of the MUTCD. In response to in temporary traffic control zones on or MUTCD. these comments, the FHWA replaces the along sidewalks unless they are 264. In Section 6F.62 Drums proposed STANDARD with a two- continuous between individual devices (numbered Section 6F.59 in the NPA), paragraph GUIDANCE statement and detectable to users of long canes. the FHWA adds to the GUIDANCE containing additional information Non-continuous, non-detectable series statement that drums should not be regarding the width of pedestrian of cones have been found to be safety used for pedestrian channelization or as pathways and the mounting heights of problems for pedestrians with visual pedestrian barriers in temporary traffic signs in temporary facilities. disabilities. The FHWA received one control zones on or along sidewalks In concert with the changes outlined comment from the NCUTCD opposed to unless they are continuous between above, the FHWA also changes the last this new paragraph, suggesting that it is individual devices and detectable to sentence of the following STANDARD repetitive because accessibility is users of long canes. Non-continuous, to a GUIDANCE because it also contains addressed elsewhere. The FHWA agrees non-detectable series of drums have information about the width of that it is repetitive but believes that, in been found to be safety problems for accessible passages when ballast is this instance, the repetition is necessary pedestrians with visual disabilities. The used. In the NPA, the FHWA proposed and the FHWA adopts this paragraph in FHWA received two comments from the this sentence as a STANDARD. The this final rule. City of Tucson, Arizona, and the change to GUIDANCE is necessary for 262. In Section 6F.60 Tubular Markers Association of Pedestrian and Bicycle consistency with the other GUIDANCE (numbered Section 6F.57 in the NPA), Professionals in support of the changes. in this section. the FHWA adds to the GUIDANCE The NCUTCD opposed this change Additionally, in the 2000 MUTCD the statement that tubular markers should stating that the text regarding FHWA established a new not be used for pedestrian accessibility issues is repetitive. The recommendation in this section that channelization or as pedestrian barriers FHWA disagrees and adopts these barricades in temporary traffic control in temporary traffic control zones on or changes in this final rule. zones should be crashworthy. No along sidewalks unless they are The FHWA received two comments special phase-in target compliance date continuous between individual devices from the City of Charlotte, North was established at that time. Based on and detectable to users of long canes. Carolina, and a private citizen comments that agencies are Non-continuous, non-detectable series suggesting that the last paragraph of the encountering difficulties and economic of tubular marker have been found to be GUIDANCE statement describing the impacts given the extensive testing of safety problems for pedestrians with weighting of drums and need for drain devices that has to occur in accordance visual disabilities. The FHWA received holes be changed to a STANDARD. This with NCHRP Report 350 53 in order to comments from the Cities of Tucson, is a topic that is outside the scope of this determine and certify crashworthiness, Arizona, and Charlotte, North Carolina, rulemaking and may be a subject for the FHWA determines that a special the Association of Pedestrian and further discussion in a future phase-in target compliance date is Bicycle Professionals, and a private rulemaking. required for the crashworthiness citizen in support of this new 265. In Section 6F.63 Type I, II, or III paragraph. The NCUTCD opposed it, Barricades (numbered Section 6F.60 in 53 NCHRP Report 350, ‘‘Recommended suggesting that it is repetitive because the NPA), the FHWA proposed adding Procedures for the Safety Performance Evaluation of Highway Features,’’ 1993, is available for accessibility is addressed elsewhere. a STANDARD statement following the downloading from the Transportation Research The FHWA agrees that it is repetitive first GUIDANCE statement that Board at the following URL: http://guilliver.trb.org/ but believes that, in this instance, the barricade supports shall not project into publications/nchrp/nchrp_rpt_350-a.pdf.

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provision in this section. In this final of GUIDANCE, OPTION, and SUPPORT MUTCD provides agencies with a rule, the FHWA establishes a special statements relating to the use of reasonable period in which to phase in phase-in target compliance date of longitudinal channelizing barricades the use of compliant longitudinal January 17, 2005, for when barricades in that are lightweight, deformable devices channelizing barricades in temporary temporary traffic control zones should that can be used singly as Type I, II, or traffic control zones. be crashworthy. The FHWA believes III barricades. The FHWA received two 269. The FHWA adds a new section this target date of four years from the comments from the City of Tucson, numbered and titled, Section 6F.67 effective date of the 2000 MUTCD Arizona, and the Association of Other Channelizing Devices. This provides agencies with a reasonable Pedestrian and Bicycle Professionals in section was numbered Section 6F.64 in period in which to phase in the use of overall support of the text contained the NPA, and consists of an OPTION compliant barricades in temporary within this new section. The FHWA statement and a GUIDANCE statement traffic control zones. also received several comments from that there may be channelizing devices In the NPA, the FHWA proposed a equipment suppliers suggesting other than those already described in phase-in target compliance date of five additional uses for longitudinal Part 6 that may be used in special years from the effective date of this final channelizing barricades or modified situations based on an engineering rule for the changes in this section applications from the proposed text in study. If used, these other channelizing regarding pedestrian accessibility. the NPA. The FHWA is not devices should conform to the general Because a five year phase-in target implementing these suggestions at this size, color stripe pattern, compliance date has been established time because these are beyond the scope retroreflectivity, and placement for Sections 6D.01 Pedestrian of this rulemaking. characteristics established for the Considerations and 6D.02 Accessibility The FHWA received one comment devices described in Chapter 6F. This Considerations, which in turn affect from the NCUTCD opposing the last use of other channelizing devices was many other sections throughout Part 6, sentence of the first SUPPORT, stating included in revision number 3 of the a special phase-in target compliance that the text was not necessary. The 1988 edition of the MUTCD (Section date just for Section 6F.63 is not FHWA agrees and removes the sentence 6F–1 of that edition) but was necessary. Accordingly, the FHWA in this final rule. inadvertently omitted from the 2000 withdraws the proposed five-year The FHWA received one comment MUTCD. The FHWA received one phase-in target compliance date for from the NCUTCD suggesting that an comment from the Association of accessibility requirements of this additional GUIDANCE statement be Pedestrian and Bicycle Professionals in section. added between the first SUPPORT and support of this new section, and adopts 266. In Section 6F.64 Direction OPTION statements to list the this new section in this final rule. Indicator Barricades (numbered Section characteristics of a barricade. The 270. The FHWA adds a new section 6F.61 in the NPA), the FHWA makes FHWA agrees and, for consistency with numbered and titled, ‘‘Section 6F.68 editorial revisions in the STANDARD other sections in Part 6, adds this new Detectable Edging for Pedestrians.’’ This statement to properly describe the GUIDANCE statement in this final rule. section contains SUPPORT and direction indicator barricade. The The FHWA received several GUIDANCE statements with information FHWA incorporates this change in this comments regarding the last GUIDANCE and examples regarding the use of final rule to address comments that the statement as it relates to detectable edging along the length of a term arrow panel in this section was crashworthiness of longitudinal facility when needed. The FHWA incorrectly used in the NPA to describe channelizing barricades. While the includes this new section in this final what should be correctly called a One- NCUTCD was opposed to the first rule to respond to comments throughout Direction Large Arrow (W1–6) sign. paragraph, stating that it was not Part 6 requesting additional information 267. In Section 6F.65 Temporary necessary, the City of Charlotte, North on detectable edging that is consistent Traffic Barriers as Channelizing Devices Carolina, and a private citizen felt that with information available from the U.S. (numbered Section 6F.62 in the NPA), the GUIDANCE should be changed to a Access Board, and to consolidate the the FHWA adds SUPPORT and STANDARD in order to require that information on detectable edging into a STANDARD statements related to the longitudinal channelizing barricades be single section for clarity. use of temporary traffic barriers as crashworthy. The FHWA adopts the 271. In Section 6F.69 Temporary traffic control devices. These statements wording as proposed in the NPA Raised Islands (numbered Section 6F.65 are relocated from Section 6G.04 because the information regarding in the NPA), the FHWA adds a Modifications to Fulfill Special Needs, crashworthiness is important and STANDARD statement at the end of the as they are more appropriate in this readers should understand that these section that at pedestrian crossing section. The FHWA received two barricades should not be used to shield locations, temporary raised islands shall comments from the City of Tucson, pedestrians, including workers, from have an opening or be shortened to Arizona, and the Association of vehicle impacts or obstacles. provide at least a 1500 mm (60 in) wide Pedestrian and Bicycle Professionals in Strengthening this statement to a pathway for pedestrians. This change is support of these changes, and adopts STANDARD would require discussion to comply with the ADA requirements these changes. The FHWA received and comment in a future rulemaking. and to provide for all pedestrians, several editorial comments regarding However, for consistency with the including disabled pedestrians, a clear the second paragraph of the first special phase-in target compliance date and useable facility. The FHWA STANDARD statement, and that the FHWA established for received one comment from the incorporates these changes in this final crashworthiness provisions of other NCUTCD opposed to this new rule to be consistent with other areas of sections in Part 6, the FHWA establishes statement, indicating that it was the MUTCD. a phase-in target compliance date of repetitive, and that accessibility is 268. The FHWA adds a new section, January 17, 2005, for crashworthiness of covered elsewhere. The FHWA numbered and titled, Section 6F.66 longitudinal channelizing barricades in disagrees because this is important Longitudinal Channelizing Barricades. temporary traffic control zones. The information regarding the design of (This section was numbered Section FHWA believes this target date of four temporary raised islands and adopts the 6F.53 in the NPA.) This section consists years from the effective date of the 2000 STANDARD as proposed in the NPA.

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In the NPA, the FHWA proposed a at the end of the section that pavement belongs in another section. The FHWA phase-in target compliance date of five markings alone are generally not disagrees because this statement is years from the effective date of this final sufficient for use by pedestrians who generic and is most appropriate in this rule for the changes in Section 6F.69 have visual disabilities. Tactile section. regarding pedestrian accessibility. warnings on the roadway surface or In the NPA, the FHWA proposed Because a five-year phase-in target audible devices are usually more adding an OPTION statement at the end compliance date has been established helpful to these pedestrians. The FHWA of this section stating that vehicle for Sections 6D.01 Pedestrian received four comments from the hazard warning signals may only Considerations and 6D.02 Accessibility NCUTCD and associations representing supplement the rotating lights or strobe Considerations, which in turn affect the blind community opposed to this lights. The FHWA received three many other sections throughout Part 6, new SUPPORT statement. comments from the NCUTCD, the City a special phase-in target compliance Representatives of the blind community of Charlotte, North Carolina, and a date just for Section 6F.69 is not stated that there are currently no private citizen opposed to this necessary. Accordingly, the FHWA consistently understood tactile markings statement, suggesting that the statement withdraws the proposed five-year for roadway surfaces. The FHWA agrees was repetitive because this information phase-in target compliance date for with the commenters and withdraws is contained in the previous accessibility requirements of this this proposal. STANDARD. The FHWA agrees and section. 274. In Section 6F.72 Temporary withdraws this proposal, and removes 272. In Section 6F.70 Opposing Pavement Markings (numbered Section this OPTION from this final rule. Traffic Lane Divider (numbered Section 6F.68 in the NPA), the FHWA modifies 276. In Section 6F.76 Floodlights 6F.66 in the NPA), the FHWA adds to the OPTION statement and the second (numbered Section 6F.72 in the NPA), the STANDARD statement that GUIDANCE statement to indicate the the FHWA revises the first GUIDANCE opposing traffic lane dividers shall not use of DO NOT PASS and PASS WITH statement by removing ‘‘flagger be placed across pedestrian crossings, to CARE signs is acceptable for temporary stations’’ from the text and adds a new assure that pedestrians have a clear and situations rather than pavement STANDARD statement, following the useable facility. The FHWA received markings. In the NPA, the FHWA GUIDANCE, to indicate that, except in one comment from the City of Tucson, proposed deleting the use of the NO emergency situations, flagger stations Arizona, in support of this change, and PASSING ZONE sign. While the FHWA shall be illuminated at night. The adopts this change. received one comment from the City of FHWA incorporates this change in this 273. In Section 6F.71 Pavement Tucson, Arizona, in support of the final rule to retain consistency with Markings (numbered Section 6F.67 in changes, the NCUTCD was opposed to other sections of the MUTCD, such as in the NPA), the FHWA proposed to add removing the NO PASSING ZONE sign Section 6E.05 Flagger Stations, and to to the STANDARD statement that to because it felt that use of the sign improve flagger visibility during require that delineation and should remain an option. The FHWA nighttime operations. channelizing devices for use by agrees and restores the use of the NO The FHWA also adds to the existing pedestrians shall be accessible and PASSING ZONE sign and includes a STANDARD statement that detectable to pedestrians who have reference to Section 2C.35 for use of the floodlighting shall not produce a disabilities and shall be continuous NO PASSING ZONE sign in this final disabling glare condition for throughout the temporary traffic control rule. approaching road users, flaggers, or zone. The FHWA received comments 275. In Section 6F.75 Lighting Devices workers. The FHWA adds flaggers and from the NCUTCD, the City of Charlotte, (numbered Section 6F.71 in the NPA), workers to the statement based on North Carolina, and a private citizen the FHWA adds to the GUIDANCE comments from the City of Charlotte, opposed to this new language. The City statement that the maximum spacing for North Carolina, and a private citizen of Tucson, Arizona, expressed support if warning lights should be identical to the expressing concerns about safety of the text was reworded to apply only at channelizing device space requirements. flaggers and workers. The FHWA locations where persons with The FHWA received one comment from believes that it is important and disabilities are likely to pass. The the NCUTCD opposed to this change, necessary to protect flaggers and FHWA withdraws this proposal because suggesting that the proposed wording workers, as well as road users, from accessibility information is included in may cause practitioners to think that disabling floodlight glare. other sections of Part 6 and does not warning lights are needed on all In the NPA, the FHWA proposed need to be repeated here. channelizing devices. The City of adding a SUPPORT statement at the end In the NPA, the FHWA proposed Charlotte, North Carolina, and a private of the section, that based on research,54 revising the last OPTION statement to citizen suggested rewording the text to 50 lux (5 foot candles) is a desirable specify the amount of time that clarify that the statement applies only nighttime illumination level where removable, nonreflective, performed when warning lights are used to workers are active. The FHWA received tape may be used to temporarily cover supplement channelization. The FHWA one comment from the Laborers’ Health markings. The FHWA received five adopts the change, with editorial and Safety Fund of North America in comments from the NCUTCD, the changes to indicate that the support of this new statement. The Wisconsin DOT, the City of Charlotte, requirements apply when warning lights NCUTCD, the City of Charlotte, North North Carolina, a private citizen, and a are used to supplement channelization. Carolina, a private citizen, and NIOSH Additionally, the FHWA changes the traffic control device manufacturer suggested that additional information opposing this change, stating that there second SUPPORT statement (in the is not sufficient documentation to 2000 MUTCD) to an OPTION statement 54 Information on ‘‘Illumination Guidelines for support the notion that temporary tape to more accurately reflect the uses of Nighttime Highway Work’’, NCHRP Project 5–13, becomes ineffective after two weeks. lighting devices. The FHWA received 1993, is summarized in NCHRP research Results The FHWA agrees and withdraws this one comment from a traffic engineering Digest Number 216, December, 1996, which is a available for purchase from the Transportation proposal. consultant opposed to this change, Research Board’s bookstore, at the following URL: Additionally, in the NPA the FHWA suggesting that, because this sentence http://64.118.69.9/acb1/showdetl.cfm?& proposed adding a SUPPORT statement refers specifically to warning beacons, it DID=92&Product_ID=2048&CATID=1&series=7.

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should be included regarding route’’ (1200 mm/48 in) or an ‘‘alternate reasonable period in which to phase in illumination levels for other than circulation path’’ (900 mm/36 in) to be the use of compliant crash cushions in general activities. The FHWA agrees and consistent with the various temporary traffic control zones. includes information on illumination requirements elsewhere in Part 6. 281. In Section 6F.84 Rumble Strips levels for general activities and for tasks The FHWA also adds to the second (numbered Section 6F.80 in the NPA), requiring high levels of precision and SUPPORT statement a new item ‘‘M. to clarify which applications are used extreme care. The nature of adjacent land uses (such for travel lanes and which ones are used 277. In Section 6F.78 Warning Lights as residential or commercial)’’ to the list on the shoulder, the FHWA adds to the (numbered Section 6F.74 in the NPA), of factors related to the design and SUPPORT statement a description of the FHWA adds Type D 360-degree application of temporary traffic control longitudinal rumble strips, and clarifies warning lights, as appropriate, signals. The FHWA received one throughout the section which throughout the section to provide more comment from a private citizen in statements refer specifically to flexibility in the use of lighting devices. support of this change, and adopts this longitudinal rumble strips and which The FHWA received one comment from change and re-letters the remaining statements refer specifically to ATSSA in support of these changes, and items. transverse rumble strips. The FHWA adopts these changes. 279. In Section 6F.81 Temporary received one comment from the City of The FHWA also changes the first Traffic Barriers (numbered Section Tucson, Arizona, in support of these paragraph of the first STANDARD 6F.77 in the NPA), the FHWA modifies changes to this section, and adopts these statement to a SUPPORT statement the first SUPPORT statement to more changes. because it describes what warning lights clearly describe the four primary Additionally, the FHWA adds a are, rather than providing requirements functions of temporary traffic barriers, STANDARD statement following the on their use. The FHWA incorporates by deleting the last two sentences SUPPORT statement that, if it is this minor editorial change in this final related to the functions of temporary desirable to use a color other than the rule because the language of this traffic barriers and adding a portion of color of the pavement for a longitudinal statement is more appropriate as a text from Section 6G.11 Work Within rumble strip, the color of the rumble SUPPORT, rather than a STANDARD. the Traveled Way of Urban Streets. The strip shall be the same as the 278. In Section 6F.80 Temporary FHWA received one comment from the longitudinal line the rumble strip Traffic Control Signals (numbered City of Tucson, Arizona, in support of supplements. If the color of a transverse Section 6F.76 in the NPA), to enhance the changes to this section, and adopts rumble strip used within a travel lane is consideration of pedestrian needs in these changes. not the color of the pavement, the color temporary traffic control zones, the 280. In Section 6F.82 Crash Cushions of the rumble strip shall be white. These FHWA adds to the first GUIDANCE (numbered Section 6F.78 in the NPA), changes are needed to conform to statement that, where pedestrian traffic the FHWA adds to the STANDARD general principles for colors of is detoured to a temporary traffic control statement that damaged crash cushions pavement markings. The FHWA signal, agencies should use engineering shall be promptly repaired or replaced received two comments from the judgment to determine if pedestrian to maintain their crashworthiness. The NCUTCD and the Virginia DOT opposed signals or accessible pedestrian signals FHWA received one comment from the to this new STANDARD statement are needed. The FHWA received one City of Tucson, Arizona, in support of suggesting that some jurisdictions have comment from the NCUTCD opposed to this change, and adopts this change. used other colors, such as yellow and this change, stating that the wording is Additionally, in the 2000 MUTCD a orange. The FHWA believes that white repetitive because accessibility is new requirement was established in this has been the traditional color used for already addressed elsewhere. The section that crash cushions in temporary transverse rumble strips and adopts this FHWA disagrees and includes this traffic control zones shall be statement in this final rule. The use of paragraph in this final rule. crashworthy. No special phase-in target other colors would need further Additionally, the FHWA proposed in compliance date was established at that research and may be considered for the NPA to add a new STANDARD time. Based on comments that agencies future rulemaking. statement that indicates that the are encountering difficulties and The FHWA also adds to the supports for temporary traffic control economic impacts given the extensive GUIDANCE statement that transverse signals shall not encroach into a testing of devices that has to occur in rumble strips should not be placed minimum required pedestrian pathway accordance with NCHRP Report 350 55 through pedestrian crossings or on width of 1500 mm (60 in), to assure a in order to determine and certify bicycle routes; should not be placed on clear pathway for all pedestrians, crashworthiness, the FHWA believes roadways used by bicyclists unless a including disabled pedestrians. The that a special phase-in target minimum clear path of 1.2 m (4 ft) is FHWA received comments from the compliance date is required for the provided at each edge of the roadway or NCUTCD, the Cities of Tucson, Arizona, crashworthiness provision in this on each paved shoulder; and that and Charlotte, North Carolina, and a section. Therefore, in this final rule, the longitudinal rumble strips should not be private citizen opposed to this change. FHWA establishes a special phase-in placed on the shoulder of a roadway The NCUTCD stated that the wording is target compliance date of January 17, that is used by bicyclists unless a repetitive because accessibility is 2005, for crash cushions in temporary minimum clear path of 1.2 m (4 ft) is already addressed elsewhere. The Cities traffic control zones to be crashworthy. also provided on the shoulder. These of Tucson, Arizona, and Charlotte, The FHWA believes this target date of changes will minimize interference North Carolina, and the private citizen four years from the effective date of the caused by rumble strips to bicyclists suggested that the text be reworded to 2000 MUTCD provides agencies with a using the roadway or shoulder. The apply only to those locations where FHWA received one comment from the pedestrians with disabilities are likely 55 NCHRP Report 350, ‘‘Recommended Association of Pedestrian and Bicycle to be present. The FHWA agrees and Procedures for the Safety Performance Evaluation Professionals in support of these on Highway Features,’’ 1993, is available for revises this paragraph to state that the downloading from the Transportation Research changes. The Wisconsin DOT opposed supports shall not encroach into the Board at the following URL: http://gulliver.trb.org/ them, suggesting that additional text is minimum width of a ‘‘pedestrian access publications/nchrp/nchrp_rpt_350-a.pdf. needed to define the clear path at the

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edge of the roadway. The FHWA throughout the GUIDANCE statement pedestrian routes shall be provided. A addresses this comment by providing additional information related to the private citizen supported this new text. additional language in this final rule need to take into account pedestrian and The NCUTCD suggested that the that references the AASHTO Guide to bicycle usage. The FHWA received STANDARD be changed to GUIDANCE the Development of Bicycle Facilities, several editorial comments suggesting because this section involves work on which is listed in Section 1A.11 changes to the wording proposed in the the shoulder with no encroachment, and Relation to Other Publications. NPA. The FHWA incorporates many of alternate pedestrian routes will not be 282. In Section 6G.01 Typical these changes and includes additional necessary in all locations. The FHWA Applications, in the NPA the FHWA references to other areas of the MUTCD. disagrees with changing this to a proposed adding two SUPPORT Additionally, the FHWA moves the GUIDANCE, but removes this paragraph statements indicating that temporary SUPPORT and STANDARD statements from this section and places it in the traffic control zones are subject to all at the end of the section (in the 2000 new section numbered and titled, accessibility requirements for use by all MUTCD) to Section 6F.65 Temporary ‘‘Section 6G.05 Work Affecting types of pedestrians. The FHWA Traffic Barriers as Channelizing Devices Pedestrian and Bicycle Facilities.’’ received five comments from the because this text outlining temporary Additionally, the FHWA proposed NCUTCD, the Ohio DOT, the Cities of traffic barriers is more appropriately adding a sentence to the GUIDANCE Tucson, Arizona, and Charlotte, North located in this section. The FHWA statement that, where feasible, signs Carolina, and a private citizen opposed received two comments from the City of should be placed so they do not narrow to the wording of these statements Charlotte, North Carolina, and a private any existing pedestrian passage to less suggesting that it is repetitive because citizen opposed to removing these than 1500 mm (60 in). The FHWA accessibility issues are already covered statements from this section, stating that received two comments from the elsewhere. To address these comments, these statements are important in this NCUTCD and the City of Tucson, while also stressing the importance of section of modifying the typical Arizona, opposed to this new sentence. accessibility, the FHWA adds a new applications to fulfill special needs. The The NCUTCD stated that it was STANDARD statement to the beginning FHWA disagrees and believes that this repetitive, and the City of Tucson, of this section emphasizing accessibility information is best covered elsewhere, Arizona, suggested a narrower passage provisions as required by the Americans and does not need to be included in this be permitted. The FHWA removes the with Disabilities Act. section. entire paragraph from this section and Additionally, in the NPA the FHWA 285. The FHWA adds a new section places it in the new section numbered proposed to add a GUIDANCE statement numbered and titled, Section 6G.05 and titled, ‘‘Section 6G.05 Work following the second SUPPORT Work Affecting Pedestrian and Bicycle Affecting Pedestrian and Bicycle statement that bicyclists and pedestrians Facilities. This new section contains Facilities.’’ Based on comments and to should not be exposed to unprotected SUPPORT, GUIDANCE, and be consistent with other sections in Part excavations, open utility access, STANDARD statements with provisions 6, the FHWA revises the last sentence of overhanging equipment, or other for maintaining accessibility for this paragraph to permit existing hazards. The Association of Pedestrian pedestrians as well as bicyclists in pedestrian passages to be narrowed to and Bicycle Professionals supported this temporary traffic control zones. The 1200 mm (48 in) rather than 1500 mm new statement. For enhanced clarity, information in this section was (60 in). In addition, this is consistent the FHWA removes this paragraph from proposed elsewhere in the NPA. with the ADAAG. this section and moves it, with minor However, based on comments, the 288. In Section 6G.08 Work on the editorial changes, to a new section FHWA believes that this information is Shoulder with Minor Encroachment numbered and titled, ‘‘Section 6G.05 best consolidated into one section, (numbered 6G.07 in the NPA), the Work Affecting Pedestrian and Bicycle rather than spread throughout all of the FHWA proposed adding to the Facilities.’’ sections of Chapter 6G. The FHWA GUIDANCE statement that, where 283. In Section 6G.02 Work Duration, renumbers the remaining sections feasible, pedestrian routes should be the FHWA adds to the SUPPORT accordingly. protected or alternate accessible and statement in this section (and in all 286. In Section 6G.06 Work Outside of detectable routes should be provided. other sections in Chapter 6G except Shoulder (numbered 6G.05 in the NPA), Although the City of Tucson, Arizona, 6G.01, 6G.05, and 6G.14 through 6G.19), the FHWA proposed adding to the first supported this new text, the NCUTCD providing references to other chapters GUIDANCE statement that pedestrians suggested that it was repetitive. The and sections of Part 6 of the MUTCD for should be separated from the worksite FHWA removes this paragraph from this additional information regarding the by appropriate barriers that maintain section, rewords it and classifies it as a steps to follow when pedestrian or accessibility and detectability for STANDARD to be consistent with ADA bicycle facilities are affected by the pedestrians with disabilities. Although requirements and places it in the new worksite. Also, the FHWA modifies item one commenter from the City of Tucson, section numbered and titled, ‘‘Section C in the first STANDARD to clarify that Arizona, supported this new text, the 6G.05 Work Affecting Pedestrian and short-term stationary work is defined as NCUTCD suggested that it was Bicycle Facilities.’’ daytime work of more than one hour repetitive. The FHWA disagrees that it 289. In Section 6G.10 Work Within within a single daylight period. The is repetitive, but removes this paragraph the Traveled Way of Two-Lane FHWA received two comments from from this section and places it in the Highways (numbered Section 6G.09 in commenters who did not understand new section numbered and titled, the NPA), the FHWA proposed adding why the change was necessary. The ‘‘Section 6G.05 Work Affecting to the GUIDANCE statement that change is necessary because the single Pedestrian and Bicycle Facilities.’’ pedestrian detours should be avoided period of daylight in the summertime 287. In Section 6G.07 Work on the because pedestrians rarely observe them can last more than 12 hours. The FHWA Shoulder with No Encroachment and the cost of providing accessibility adopts the change as proposed in the (numbered Section 6G.06 in the NPA), and detectability might outweigh the NPA. the FHWA proposed adding to the first cost of maintaining a continuous route. 284. In Section 6G.04 Modifications to STANDARD statement that, where Also, whenever possible, work should Fulfill Special Needs, the FHWA adds pedestrian routes are closed, alternate be done in a manner that does not create

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a need to detour pedestrians from Additionally, the FHWA moves the 293. In Section 6G.14 Work Within existing routes or crossings. Although information in the second SUPPORT the Traveled Way of Freeways and the City of Tucson, Arizona, supported statement related to the four primary Expressways (numbered Section 6G.13 this new text, the NCUTCD suggested functions of temporary traffic barriers to in the NPA), the FHWA revises the first that it was repetitive. The FHWA Section 6F.81 Traffic Barriers SUPPORT statement to include bicycles disagrees that it is repetitive, but (numbered Section 6F.75 in the NPA) as in the listing of road vehicle mix. The removes this paragraph from this they more properly belong in that FHWA received one comment from the section, and places it in the new section section. Kansas DOT opposed to this change, numbered and titled, ‘‘Section 6G.05 292. In Section 6G.13 Work Within suggesting that bicycles should not be Work Affecting Pedestrian and Bicycle the Traveled Way at an Intersection allowed on freeways. The FHWA adopts Facilities.’’ (numbered Section 6G.12 in the NPA), this change, with an editorial change to 290. In Section 6G.11 Work Within to reinforce proper contact procedures, clarify that bicycles are included in the the Traveled Way of Urban Streets the FHWA proposed adding language to vehicle mix only if they are permitted. (numbered 6G.10 in the NPA), the the first STANDARD statement and to In some areas of the country, Interstate FHWA adds to the first STANDARD the second GUIDANCE statement Routes or other freeways offer the only statement that, if the temporary traffic regarding contact with the highway access for recreational bicyclists to get control zone affects an accessible and agency having jurisdiction at between destinations, and therefore detectable pedestrian facility, the intersections where pedestrian bicycles are permitted. This is a safety accessibility and detectability along the accessibility problems are anticipated. issue that has traditionally been left to alternate pedestrian route shall be The FHWA received several primarily the States to decide. maintained. The FHWA received one editorial comments regarding these 294. In Section 6G.19 Work in the comment from a private citizen in changes. The NCUTCD suggested that Vicinity of Highway-Rail Grade support of this change, and four the references to accessibility were Crossings (numbered Section 6G.18 in comments from the NCUTCD, the City repetitive. Based on a comment from a the NPA), the FHWA clarifies the of Tucson, Arizona, and traffic private citizen, the FHWA changes the second sentence of the STANDARD engineering consultants opposed to it. language in the GUIDANCE to a statement by adding the word Most of the opposing commenters STANDARD to provide greater ‘‘uniformed’’ to describe a law suggested that this statement should be consistency by requiring rather than enforcement officer. The FHWA makes a GUIDANCE, rather than STANDARD. recommending that the entity this clarification in this final rule for The FHWA disagrees because this is an conducting the work contact the consistency with other requirements existing ADA requirement. Therefore, highway agency having jurisdiction elsewhere in the MUTCD. the FHWA adopts the text as proposed when working near any (signalized or 295. The FHWA moves all of the in the NPA. Based on a comment from unsignalized) intersection where information from Section 6G.19 Control the Florida DOT and for consistency operational, capacity, or pedestrian of Traffic Through Traffic Incident with the new Section 6D.02 accessibility problems are anticipated. If Management Areas, as numbered and Accessibility Considerations, the FHWA these types of problems are anticipated, titled in the 2000 MUTCD, to a new adds another paragraph to the it is important that the highway agency chapter numbered and titled ‘‘Chapter STANDARD that where transit stops are having jurisdiction be contacted even if 6I Control of Traffic Through Traffic affected or relocated because of work it does not involve a signalized Incident Management Areas.’’ In its activity, agencies shall provide access to intersection. place, the FHWA adds a new section temporary transit stops. The FHWA proposed adding a numbered and titled, ‘‘Section 6G.20 Additionally, the FHWA adds to the STANDARD statement after the second Temporary Traffic Control During GUIDANCE statement that work sites GUIDANCE statement that pedestrian Nighttime Hours.’’ (This section was within the intersection should be crossings shall be protected with a numbered Section 6G.19 in the NPA.) protected against inadvertent pedestrian pedestrian barrier detectable to This new section contains SUPPORT, incursion by providing detectable pedestrians with visual disabilities. The GUIDANCE, OPTION, and STANDARD channelizing devices. The FHWA FHWA received three comments from statements regarding the temporary received one comment from the the NCUTCD, the City of Charlotte, traffic control measures appropriate NCUTCD opposed to this new North Carolina, and a private citizen during nighttime hours. The FHWA paragraph, stating that it is repetitive. opposed to this change suggesting that received comments from the City of The FHWA disagrees and adopts the this should only be necessary if the Tucson, Arizona, the Laborers’ Health text with an editorial change. crossing is an accessible pedestrian and Safety Fund of North America, and 291. In Section 6G.12 Work Within crossing. The FHWA agrees and revises NIOSH in support of the new section. the Traveled Way of Multi-lane, the statement and classifies it as a Many expressed that a new section Nonaccess Controlled Highways GUIDANCE rather than a STANDARD to devoted to temporary traffic control (numbered Section 6G.11 in the NPA), be consistent with new Section 6G.05 during nighttime hours is needed. the FHWA proposed adding to the first Work Affecting Pedestrian and Bicycle Several commenters suggested that more SUPPORT statement that Chapter 6D Facilities. information was needed to strengthen contains information regarding the steps Additionally, the FHWA modifies the section, and some suggested to follow when pedestrian facilities are item B of the third OPTION statement rewording and additional text. The affected by the worksite. Although the to indicate that uniformed law NCUTCD favored replacing the City of Tucson, Arizona, supported this enforcement officers, as well as flaggers, proposed text with modified language new text, the NCUTCD suggested that it may be used to direct road users when developed by the NCUTCD Temporary was repetitive. The FHWA rewords this work is within an intersection. The Traffic Control Technical Committee. paragraph to match the same paragraph FHWA received two comments from the The FHWA agrees that additional that the FHWA places in most of the Laborers’ Health and Safety Fund of information is necessary and believes other sections within Chapter 6G and North America and a private citizen in the NCUTCD’s rewording will clarify places it at the beginning of the first support of this change and adopts this the section. Accordingly, the FHWA SUPPORT statement. change. revises the text to incorporate and be

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consistent with changes made in other oscillating, or strobe lights. The FHWA to a STANDARD to be consistent with areas of the MUTCD in this final rule, received no comments regarding these mandatory safety requirements of including the requirement for changes. These same changes have been Section 6F.81 Temporary Traffic illuminating flagger stations, except in made in the notes for other figures in Barriers (numbered as 6F.77 in the emergencies, consistent with Section Chapter 6H as applicable and as noted NPA). The FHWA agrees that this 6E.05 Flagger Stations, and additional below in the discussions of such figures. change is necessary for consistency, and information on illumination for work The FHWA did receive two comments revises item 4 to a STANDARD areas in general. from the City of Charlotte, North statement, with some text changes to 296. In Section 6H.01 Typical Carolina, and a private citizen correspond with Section 6F.81. Applications, the FHWA changes the suggesting that item 1 in the GUIDANCE f. Notes for Figure 6H–6: See Typical Applications figures and their statement be revised. The suggested discussion of items regarding vehicle accompanying notes to add more change would imply that a single sign hazard warning signals in paragraph a provisions to accommodate persons is used, whereas this statement calls for above. That discussion also applies to with disabilities and pedestrians, and to an additional sign to be used. Because Figure 6H–6. correct inadvertent minor errors in the operation of the work vehicles may g. Notes for Figure 6H–7: The FHWA 2000 MUTCD and in the NPA. These involve crossing from the median to the changes item 1 to a SUPPORT changes reflect the changes to all parts shoulder, all traffic must be warned of statement. It was inadvertently given a of the MUTCD with particular reference such conditions, and thus a sign on the STANDARD heading in the 2000 to Part 6 changes and they make the median lane side and on the shoulder MUTCD and the NPA, even though it drawings and text consistent with other should be used. Accordingly, the FHWA contains no mandatory language. The parts of the MUTCD and elsewhere in disagrees with the commenters and FHWA renumbers the remaining items Part 6. adopts the text as proposed in the NPA. accordingly. The FHWA revises items 5 Additionally, in Table 6H–1 and in b. Notes for Figure 6H–2: The FHWA and 6 (numbered items 4 and 6 in the the corresponding Typical Applications, received two comments from the City of NPA) to match the notes with the figure, the FHWA changes the titles of Figure Charlotte, North Carolina, and a private which illustrates a double reverse curve 6H–11 from ‘‘Lane Closure on Low- citizen objecting to the terminology for situation. The FHWA makes these Volume Two-Lane Road’’ to ‘‘Lane devices to be turned off in blasting minor editorial changes to address two Closure on Two-Lane Road with Low zones and the letter sizes for the W22– comments from the City of Charlotte, Traffic Volumes,’’ Figure 6H–15 from 2 sign. See discussion of this issue in North Carolina, and a private citizen ‘‘Work in Center of Low-Volume Road’’ Section 6F.40 TURN OFF 2-WAY suggesting that the notes did not match to ‘‘Work in Center of Road with Low RADIO AND CELL PHONE Sign (W22– the new double reverse curve Traffic Volumes,’’ and Figure 6H–16 2). from ‘‘Surveying Along Centerline of c. Notes for Figure 6H–3: See illustration. The FHWA agrees and Low-Volume Road’’ to ‘‘Surveying discussion of items regarding vehicle makes the changes for consistency. Along Centerline of Road with Low hazard warning signals in paragraph a h. Notes for Figure 6H–8: The FHWA Traffic Volumes.’’ These changes will above. That discussion applies to Figure combines items 2 and 3, as numbered in avoid confusion with material in Part 5 6H–3 also. Additionally, the FHWA the NPA, into a single item 2 in the Traffic Control Devices for Low-Volume adds a new item 7 to the STANDARD OPTION statement for clarity and Roads. Low-volume roads, as covered in statement at the end of the Notes that renumbers the following items. The Part 5, are specifically defined in when paved shoulders having a width FHWA also adds a new item 5 to the Section 5A.01 Function as, among other of 2.4 m (8 ft) or more are closed, at least OPTION statement that cardinal criteria, being outside a built-up area one advance warning sign shall be used. direction plaques may be used with and having a traffic volume of less than In addition, channelizing devices shall route signs. The FHWA makes these 400 Annual Average Daily Traffic. The be used to close the shoulder in advance minor changes to address two comments Typical Applications in Part 6 that refer to delineate the beginning of the work from the City of Charlotte, North to low volume roads are not intended to space and direct motor vehicle traffic to Carolina, and a private citizen be limited only to roads meeting the remain within the traveled way. The suggesting these changes, to be limited definition of Part 5. FHWA received no comments regarding consistent with other sections in Part 6. The FHWA inserts Table 6H–4 these changes, and adopts these i. Notes for Figure 6H–9: The purpose Formulas for Determining Taper changes. of Figure 6H–9 is to show signing for Lengths. This information is the same d. Notes for Figure 6H–4: See overlapping routes with a detour. The information as was proposed in the discussion of items regarding vehicle configuration of the actual work space NPA, except that it is included in a hazard warning signals in paragraph a raised comments from the City of tabular format for clarity. above. That discussion applies to Figure Charlotte, North Carolina, and a private Additionally, the FHWA includes the 6H–4 also. citizen as to what is intended by the following changes to the notes to the e. Notes for Figure 6H–5: The FHWA associated signing and barricades. To figures of typical applications: revises item 4 from a GUIDANCE avoid any confusion, the FHWA a. Notes for Figure 6H–1: The FHWA statement to a STANDARD statement to eliminates any reference to an replaces item 5 in the STANDARD clarify that the ends of the barrier shall allowance for local traffic and shows the statement (of the 2000 MUTCD) with a be treated in accordance with Section space as a full road closure between the new item 5 in the OPTION statement, 6F.81 Temporary Traffic Barriers. The two intersecting routes. The FHWA stating that vehicle hazard warning FHWA also removes the word adjusts the barricades and ROAD signals may be used to supplement high ‘‘(optional)’’ following ‘‘crash cushion’’ CLOSED signing accordingly. The intensity rotating, flashing, oscillating, in Figure 6H–5. The FHWA makes these FHWA also changes the double yellow or strobe lights, and a new item 6 in the changes to address two comments from dashed pavement markings to a single STANDARD statement, which states the City of Charlotte, North Carolina, yellow dash in response to a comment that vehicle hazard warning signals and a private citizen suggesting that from a traffic engineering consultant shall not be used instead of the vehicle’s item 4 as a GUIDANCE statement is that the double yellow dashes are high intensity rotating, flashing, misleading and it needs to be changed incorrect. The FHWA notes that the

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markings in this figure are shown for traffic control device manufacturer in within the activity area of the job site, illustrative purposes only. order to maintain consistency with should make the selection of the j. Notes for Figure 6H–10: The FHWA Section 6F.80 Temporary Traffic Control appropriate class of garment. While this moves item 4 in the OPTION statement Signals of the MUTCD. The FHWA is not a mandate as suggested in two of to become a new OPTION item 11, and renumbers the remaining items. the docket comments, the emphasis is renumbers the other items accordingly m. Notes for Figure 6H–13: The significantly heightened from the 2000 for improved clarity. The FHWA also FHWA modifies item 2 of the MUTCD and does allow employer replaces item 4 (item 5 in the NPA) with STANDARD statement to indicate that a flexibility on the use of the high the note regarding buffer space that was flagger or uniformed law enforcement visibility safety apparel to fit the added to the figure in the NPA. The officer shall be used during a temporary conditions that exist. Accordingly, the FHWA believes that buffer space is an road closure. Additionally, the FHWA FHWA adopts the text as proposed in important application that is often removes item 3 of the OPTION the NPA. ignored, and placing the note in the statement (as numbered in the 2000 p. Notes for Figure 6H–17: The FHWA notes as well as on the figure is MUTCD) because it is not applicable. adds a new item 3 to the STANDARD appropriate. The FWHA also changes The FHWA also adds a new item 3 as statement that if an arrow panel is used, item 5 (item 6 in the NPA) from a a GUIDANCE statement, which states it shall be used in the caution mode. GUIDANCE to a STANDARD to be that the law enforcement officer, if used The FHWA renumbers the remaining consistent with Section 6E.05 Flagger for this application, should follow the items. Additionally, the FHWA removes Stations, and rewords the statement procedures of Sections 6E.04 Flagger item 5 of the GUIDANCE statement (as accordingly. The flagger and advance Procedures and 6E.05 Regulatory Sign numbered in the 2000 MUTCD) and sign series are all moved farther Authority. This is to encourage law moves it to the OPTION statement as upstream in the figure. Additional space enforcement officers to use proper part of item 9 that the use of a truck is needed beyond the work area to allow flagging devices and procedures for a mounted attenuator is optional on either the traffic in the wrong lane to return to temporary road closure. The FHWA a shadow vehicle or a work vehicle. their proper lane without conflicting received editorial comments on these Several commenters suggested an with stopped vehicles in the opposite changes, which the FHWA incorporates optional truck mounted attenuator be direction. The FHWA makes these as appropriate in this final rule. retained on the work vehicle. The changes in this final rule to address n. Notes for Figure 6H–14: The FHWA FHWA agrees and includes the optional comments from the City of Charlotte, adds a new item 6 under Flagging attenuator in this final rule. North Carolina, and a private citizen Method which states, ‘‘At night, flagger q. Notes for Figure 6H–19: The FHWA suggesting these changes to be stations shall be illuminated, except in repeats the GUIDANCE items from the consistent with other areas of the emergencies.’’ In response to concerns notes for Figure 6H–20 in the notes for MUTCD. about the orientation of the signal heads Figure 6H–19 to address two comments k. Notes for Figure 6H–11: The FHWA in the figure, the two overhead traffic from the City of Charlotte, North removes item 2 of the STANDARD signal heads in each direction have been Carolina, and a private citizen statement (from the 2000 MUTCD) relocated to show one post mounted suggesting that these items be added because this Typical Application head and one overhead mounted traffic because they are applicable and specifically does not involve the use of signal head. necessary for proper use of the typical flaggers. Typical Application 10 covers o. Notes for Figure 6H–15: The FHWA application. The FHWA agrees and the temporary traffic control zone adds a new item 2 to the GUIDANCE makes the editorial change to add these applicable to this STANDARD, using statement that workers in the roadway notes in this final rule. flaggers. The FHWA received no should wear high-visibility safety r. Notes for Figure 6H–21: (See comments regarding this change, and apparel as described in Section 6D.03 discussion of items regarding vehicle adopts this change in this final rule. The Worker Safety Considerations. See hazard warning signals in paragraph a FHWA received two comments from the discussion of items regarding vehicle above.) The NCUTCD objected to the City of Charlotte, North Carolina, and a hazard warning signals in paragraph a addition of ‘‘optional’’ to the flag tree in private citizen suggesting that the Type above. The FHWA received comments the figure, stating it should be guidance. B flashing warning lights referenced in from ATSSA and the Virginia DOT Optional is consistent with the text in the OPTION should be changed to Type suggesting that all workers exposed to Section 6F.57 High-Level Warning A for night work. The FHWA disagrees traffic wear high visibility safety Devices. Upgrading to a GUIDANCE because there is no change from the apparel, and the statement be condition goes beyond the scope of the 2000 MUTCD language elsewhere in strengthened to a STANDARD. The City NPA and would need to be addressed in Part 6 that would justify changing this of Charlotte, North Carolina, and a a future rulemaking. Practitioners can note for Figure 6H–11. private citizen felt the new text is choose to make its use recommended or l. Notes for Figure 6H–12: The FHWA unnecessary because it is obvious that mandatory in their jurisdictions if adds to item 2 of the STANDARD workers should wear high visibility appropriate. statement that durations of red safety apparel. The FHWA strengthens s. Notes for Figure 6H–22: In the NPA, clearance intervals shall be adequate to the existing GUIDANCE statement in the FHWA proposed removing item 5 clear the one-lane section of conflicting 6D.03 to include that the high visibility (as numbered in the 2000 MUTCD) from vehicles. Additionally, the FHWA adds safety apparel should meet the the OPTION statement, regarding a a new item 5 to the STANDARD requirements of ISEA ‘‘American right-turn island using channelizing statement that safeguards shall be National Standard for High-Visibility devices. The FHWA received three incorporated to avoid the possibility of Safety Apparel’’ (see Section 1A.11 comments from the NCUTCD, the City conflicting signal indications at each Relation to Other Publications) and of Charlotte, North Carolina, and a end of the temporary traffic control labeled as ANSI 107–1999 standard private citizen opposed to this proposal, zone. The FHWA proposed slightly performance for Class 1, 2, or 3 risk stating that the item provides useful different wording for item 5 in the NPA, exposure and that a competent person, information that is not evident from however the FHWA modifies the designated by the employer to be looking at the figure. The FHWA agrees wording based on a comment from a responsible for the worker safety plan and restores the text of the 2000

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MUTCD, with editorial changes. The jurisdictions, if appropriate. In addition, Caltrans suggesting that the metric NCUTCD, the Kansas DOT, the City of consistent with Section 6E.05 Flagger maximum spacing formula for Charlotte, North Carolina, and a private Stations, the FHWA adds a new channelizing markings, as stated in item citizen objected to the removal of STANDARD statement which states, ‘‘At 4 of the GUIDANCE, is not accurate, and ‘‘optional’’ from the arrow panel in the night, flagger stations shall be needed to be revised to be accurate and figure. In Section 6F.56 Arrow Panels, illuminated, except in emergencies.’’ to be consistent with Figure 6H–32. The the FHWA adds a new GUIDANCE x. Notes for Figure 6H–28: In the NPA, FHWA agrees that this was a statement on the use of arrow panels for the FHWA proposed adding a new item typographical error and revises this item certain conditions such as multi-lane, 3 to the GUIDANCE statement that in this final rule from ‘‘0.1 S km’’ to ‘‘0.1 high speed, high volume, limited sight audible warnings should be considered S m.’’ The FHWA also adds the text ‘‘in distance or unexpected locations which where midblock closings and changed km/h (mph)’’ following ‘‘where S is the applies in this typical application. crosswalk areas cause inadequate speed.’’ The FHWA received three Accordingly, the FHWA adopts the communication to pedestrians who have comments suggesting that items 7 and 9 change deleting ‘‘optional’’ from the visual disabilities. The FHWA received be revised to better correlate with the arrow panel in this final rule. five comments, including comments illustration on Figure 6H–31. The t. Notes for Figure 6H–24: The from representatives of the blind FHWA agrees and revises the items NCUTCD objected to the addition of community, opposing this new item, accordingly in this final rule. In note 7, ‘‘optional’’ for the buffer space and the and suggesting rewording. The FHWA the words ‘‘Two Lane’’ are added before NCUTCD, the Wisconsin DOT, the City agrees and revises this item by changing ‘‘Reverse Curve’’ in the first and second of Charlotte, North Carolina, and a the phrase ‘‘audible warning’’ to sentences of note 7. The FHWA deletes private citizen objected to the deletion ‘‘audible information devices.’’ the first sentence in note 9. Similar to of ‘‘optional’’ from the arrow panel in Additionally, the FHWA adds the use of Figure 6H–30, the FHWA also received the figure. The FHWA agrees with the Type D 360-degree Steady-Burn warning four docket comments objecting to the docket comments and withdraws these lights to item 7 of the OPTION removal of the term ‘‘optional’’ for the proposed changes. statement (as numbered in the NPA), to arrow panels in the figure. For the u. Notes for Figure 6H–25: The provide consistency with other sections reasons listed in paragraph z above, the NCUTCD objected to the term in Part 6. There were no comments FHWA withdraws the proposed deletion ‘‘optional’’ for the flag tree, stating that regarding this change, and the FHWA of ‘‘optional’’ from the Figure for this for work in intersections the high-level adopts this change. The FHWA received Typical Application. warning device is very useful and it two comments from the NCUTCD and a should not be labeled as optional. traffic engineering consultant regarding bb. Notes for Figure 6H–32: In the Optional is consistent with the text in item 1 in the STANDARD statement, NPA, the FHWA proposed adding a new Section 6F.57 High-Level Warning suggesting that the wording be revised item 2 to the STANDARD statement Devices. Upgrading to a GUIDANCE for clarity. The FHWA agrees and requiring at least one advance warning condition goes beyond the scope of the clarifies the statement in this final rule sign when paved shoulders having a NPA, and would need to be addressed to indicate that when crosswalks or width of 2.4 m (8 ft) or more are closed in a future rulemaking. Practitioners can other pedestrian facilities are closed or and that channelizing devices shall be choose to make its use recommended or relocated, the temporary facilities shall used to close the shoulder in advance to mandatory in their jurisdictions, if be detectable and shall include delineate the beginning of the work appropriate. Based on additional accessibility features consistent with space and direct motor vehicle traffic to comments from the City of Charlotte, features present in the existing remain within the traveled way. The North Carolina, and a private citizen, pedestrian facility. FHWA received comments from the City the FHWA relocates the southbound y. Notes for Figure 6H–29: (Refer to of Charlotte, North Carolina, and a ROAD WORK AHEAD sign upstream the discussion for Figure 6H–28 private citizen opposed to this new and dimensions it with respect to the regarding item 3 of the GUIDANCE statement, indicating that this statement first channelizing device rather than the statement and item 1 of the STANDARD better relates to work exclusively on the intersection. statement). The City of Charlotte, North shoulder. The FHWA agrees and v. Notes for Figure 6H–26: (See Carolina, and a private citizen suggested changes this statement to a GUIDANCE discussion of items regarding vehicle that an additional advance pedestrian and clarifies the statement to indicate hazard warning signals in paragraph a crossing sign is necessary for eastbound that channelizing devices (rather than above.) The NCUTCD objected to the traffic on the east leg of the intersection. signs) should be used to close the term ‘‘optional’’ for the flag tree in the The FHWA agrees and changes the shoulder in advance of the merging Figure. Similar to figures 6H–21 and 24, figure accordingly in this final rule. taper for a lane closure, to direct ‘‘optional’’ is consistent with the text in z. Notes for Figure 6H–30: The FHWA vehicular traffic to remain within the Section 6F.57. Practitioners can choose received comments from the NCUTCD, traveled way. The FHWA also adds a to make its use recommended or the Wisconsin DOT, the City of new item 4 under GUIDANCE regarding mandatory in their jurisdictions, if Charlotte, North Carolina, and a private use of Reverse Curve signs rather than appropriate. citizen objecting to the removal of the a Double Reverse Curve sign under w. Notes for Figure 6H–27: (See term ‘‘optional’’ for the arrow panels in certain conditions for consistency with discussion of items regarding vehicle the figure. The FHWA modifies the new GUIDANCE elsewhere in Part 6. The hazard warning signals in paragraph a GUIDANCE statement in Section 6F.56 FHWA renumbers the remaining items. above.) The NCUTCD objected to the Arrow Panels on the placement criteria One docket comment from the City of term ‘‘optional’’ for the flag tree in the for use of arrow panels which will allow Charlotte, North Carolina, suggested that figure. Similar to Figures 6H–12, 24, and optional use in some conditions. item 6 be clarified with respect to the 26, ‘‘optional’’ is consistent with the Accordingly, the FHWA withdraws this start of temporary traffic control near text in Section 6F.57 High-Level proposed deletion of ‘‘optional’’ from railroad grade crossings where queues Warning Devices (Flag Trees). the figure for this Typical Application. may extend through the crossing. The Practitioners can choose to make its use aa. Notes for Figure 6H–31: The FHWA agrees and revises ‘‘transition recommended or mandatory in their FHWA received one comment from area’’ to ‘‘merging taper.’’ The FHWA

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also revises notes 8 and 9 (numbered 7 requirements elsewhere in Part 6 and safety. The FHWA agrees and adds an and 8 in 2000 MUTCD) in response to adopts this change in this final rule. The optional truck mounted attenuator in comments from the City of Charlotte, City of Charlotte, North Carolina, and a the figure in this final rule. North Carolina, and a private citizen private citizen suggested that the term ff. Notes for Figure 6H–36: The FHWA about coordination with railroads. The ‘‘temporary,’’ used to describe an edge revises item 11 of the OPTION FHWA believes that additional line in note 2, be labeled ‘‘interim’’ as statement to clarify that the signs to be emphasis is necessary and adds the text temporary markings are to remain in used are ‘‘Three Lane Reverse Curve’’ ‘‘When a highway-rail grade crossing place only two weeks. The FHWA signs, rather than ‘‘Triple Lane Shift’’ exists within the activity area’’ to the disagrees because Sections 6F.71 signs. The FHWA makes this change beginning of notes 8 and 9. The FHWA Pavement Markings and 6F.72. because it is needed for consistency and received comments from the City of Temporary Pavement Markings provide to properly identify the type of sign to Charlotte, North Carolina, and a private adequate guidance for short and long be used. The FHWA also received citizen objecting to the removal of the term markings and there is no term several comments from the NCUTCD, term ‘‘optional’’ for the arrow panels in ‘‘interim’’ used to describe markings. the City of Charlotte, North Carolina, the Figure. The FHWA deletes the term Additionally, the FHWA received two and a private citizen related to the optional from the arrow panels in the comments from the City of Charlotte, temporary barrier and crash cushion in figure. Although the FHWA modifies North Carolina, and a private citizen the figure. Consistent with Figures 6H– the new GUIDANCE statement in indicating that the notes for the crash 5 and 6H–34, the FHWA adds a new Section 6F.56 Arrow Panels on the cushion in the figure are redundant. The STANDARD item 4 to clarify that where placement criteria for use of arrow FHWA addresses the comments and installed, the ends of the barrier shall be panels which will allow optional use in provides necessary consistency with treated in accordance with Section some conditions, in this Typical other sections of the MUTCD by revising 6F.81 Temporary Traffic Barriers. The Application, the GUIDANCE conditions the notes and the figure as follows: To FHWA deletes the parenthetical phrase prevail; i.e. high speed, multi-lane maintain consistency with Figure 6H–5, ‘‘(see Section 6F.77 for end treatments)’’ highway. The FHWA received the FHWA revises note 3 (note 2 in the in item 13 as the new STANDARD item comments from the City of Charlotte, 2000 MUTCD) by deleting the last 4 covers this information. North Carolina, and a private citizen sentence. The FHWA adds a new gg. Notes for Figure 6H–37: The indicating that the distances for the STANDARD item 4 to clarify that the FHWA received two comments from the RIGHT LANE CLOSED signs in the ends of the barrier shall be treated in City of Charlotte, North Carolina, and a figure are in error. The FHWA agrees accordance with Section 6F.81 private citizen objecting to the deletion and revises 1500 FT and 450 m to XX Temporary Traffic Barriers. The FHWA of the label ‘‘optional’’ from the arrow panels. The FHWA modifies the new FT and XX m. also removes the word (optional) GUIDANCE statement in Section 6F.56 cc. Notes for Figure 6H–33: (Refer to following ‘‘crash cushion’’ in Figure Arrow Panels on the placement criteria discussion for Figure 6H–32 regarding 6H–34 and changes the Section for use of arrow panels which will allow the new item 3 that the FHWA had reference from Section 6F.78 to Section optional use in some conditions. In this proposed to add as a STANDARD.) The 6F.82 Temporary Traffic Barriers. Typical Application, however, the FHWA proposed removing item 3 of the Additionally, the FHWA received GUIDANCE conditions prevail; i.e. high GUIDANCE statement (as numbered in comments from the City of Charlotte, speed, multi-lane highway. the 2000 MUTCD) because it was not North Carolina, and a private citizen applicable to the application depicted. Accordingly, the FHWA deletes the stating that the END ROAD WORK sign The FHWA received three comments term ‘‘optional’’ from the arrow panels in the southbound direction should be from the NCUTCD, the City of Charlotte, in the figure. labeled as optional. The FHWA agrees North Carolina, and a private citizen hh. Notes for Figure 6H–39: The because the ROAD WORK AHEAD sign suggesting that the item be retained as FHWA received comments from is optional in the southbound direction a SUPPORT rather than GUIDANCE Caltrans, the City of Charlotte, North and revises the figure accordingly. because it contains useful information Carolina, and a private citizen related to suggesting that vehicles, equipment, ee. Notes for Figure 6H–35: In the the position and dimensions of the workers, and their activities be located NPA, the FHWA proposed modifying advance sign series in the northbound on one side of the pavement. The item 4 of the GUIDANCE statement to direction. To clarify the figure and allow FHWA agrees and restores this indicate that Shadow Vehicle 2 should flexibility for the practitioner, the statement as a SUPPORT. be equipped with an arrow panel in a FHWA changes the distances on the dd. Notes for Figure 6H–34: The caution mode if on the shoulder. The signs from 1500 FT, 1⁄2 MILE, 1 MILE to FHWA adds a new item to the FHWA received comments from the XX FT, XX MILE and XX MILE. The STANDARD statement that the NCUTCD, the Wisconsin DOT, the City metric equivalents are also changed information from this figure shall also of Charlotte, North Carolina, and a accordingly to XX m, XX m and XX km. be used when work is being performed private citizen suggesting that the arrow The FHWA received two comments in the lane adjacent to the median on a panel should continue to be used in the from the City of Charlotte, North divided highway, and specifies which arrow mode rather than the caution Carolina, and a private citizen objecting signs to use for the specific application mode because, for this mobile operation, to the deletion of the label ‘‘optional’’ in this figure. This is a repeat of an item the distance between Shadow Vehicles from the arrow panels. The FHWA in the STANDARD statement in the 2 and 1 simulates a merging taper. The deletes the ‘‘optional’’ label because of notes for Figure 6H–33. The FHWA FHWA agrees and restores the text from the modifications made to the new makes this change to address two the 2000 MUTCD, removing the phrase GUIDANCE statement in Section 6F.56 comments from the City of Charlotte, ‘‘in caution mode if on the shoulder’’ Arrow Panels on the placement criteria North Carolina, and a private citizen from this final rule. The FHWA also for use of arrow panels which will allow suggesting that this STANDARD in received one comment from Caltrans optional use in some conditions. In this Figure 6H–33 is also applicable to that an optional truck mounted Typical Application, however, the Figure 6H–34. The FHWA agrees that attenuator should be shown on the work GUIDANCE conditions prevail; i.e. high this is needed for consistency with vehicle to enhance road user and worker speed, multi-lane highway.

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ii. Notes for Figure 6H–40: The FHWA of the second northbound and incidents, including motor vehicle adds to item 3 that YIELD or STOP lines southbound arrow panels respectively crashes, hazardous materials spills, and should be installed, if needed, across from Caution to Right Arrow and from natural disasters. All references to the ramp to indicate the point at which Right Arrow to Caution. The FHWA special events are deleted from this road users should YIELD or STOP. The received comments suggesting that these chapter. FHWA received two comments from the changes are necessary for consistency The FHWA also revises text within City of Charlotte, North Carolina, and a with Chapter 6F of the MUTCD. The this section to be consistent with private citizen suggesting additional FHWA agrees and adopts these changes changes made in other areas of the information should be included in the in this final rule. MUTCD in this final rule. Such GUIDANCE regarding the placement of nn. Notes for Figure 6H–46: The revisions include clarifying the limits of YIELD or STOP lines. However, the FHWA revises item 9 from GUIDANCE an incident management area and FHWA does not add additional language to a STANDARD consistent with designating the color fluorescent pink as in this final rule because such a change Section 6E.05 Flagger Stations. The an optional background color for would require further study and public standard states, ‘‘At night, flagger incident management signs. Some comment. Additionally, the FHWA adds stations shall be illuminated, except in commenters felt that the special color a dimension of 7.5 m (25 ft) spacing emergencies.’’ This change is necessary for traffic incident management signing between channelizing devices shown on to be consistent with the new should be mandatory or recommended Figure 6H–40. The FHWA includes this STANDARD in Section 6E.05 Flagger rather than an option. The FHWA agrees additional guidance, beyond the general Stations. it would be desirable for all traffic guidance in Section 6F.58 Channelizing 297. The FHWA adds a new chapter, incident management signs to be the Devices about channelizing device numbered and titled ‘‘Chapter 6I special color but determines that this is spacing, to help improve channelization Control of Traffic Through Traffic not practical due to the unplanned specifically in the median crossover by Incident Management Areas.’’ This new nature of such incidents and the wide providing a recommended device chapter contains text from Section variety and capabilities of first spacing to minimize the tendency of 6G.19 Control of Traffic Through responders. The reason that the FHWA vehicles to drive between devices. The Incident Areas (as numbered in the 2000 establishes an optional distinctive color FHWA received one comment from a MUTCD) in its entirety with several (fluorescent pink) for signing for private citizen in support of this change, modifications and additional incident management is to inform and the FHWA adopts this change. information on the use of temporary drivers that the temporary traffic jj. Figure 6H–41: (See discussion traffic control devices for traffic incident controls have been set up for an regarding channelizing device spacing management zones. The new chapter emergency and therefore this is not a in paragraph ii above.) contains a general section as well as normal temporary traffic control zone. If kk. Notes for Figure 6H–42: The sections on major, intermediate, and incident management treatments, FHWA removes items 6 and 7 of the minor traffic incidents, and on use of including the special sign color, are OPTION statement (as numbered in the emergency-vehicle lighting (flashing or only used for unforeseen situations, 2000 MUTCD) because they are not rotating beacons or strobes). This drivers will realize that they need to be applicable to the specific application Chapter is included to recognize the especially alert in incident management depicted on Figure 6H–42. In the NPA, importance of safely and efficiently situations. the FHWA proposed renumbering the controlling traffic through traffic Consistent with Section 2C.33 of the remaining item. The FHWA received incident areas and the unique MUTCD, the FHWA adopts the W4–2 two comments from the City of characteristics of incidents and the Lane Ends symbol sign but revises its Charlotte, North Carolina, and a private traffic controls that should be used. design to be consistent with the citizen suggesting that the remaining In Section 6I.01 Control of Traffic Canadian symbol. (Please refer to the item, stating that a buffer may be used, Through Traffic Incident Management discussion in Section 2C.33). was not clear without the two previous Areas, the FHWA received comments In response to comments from items, which had been removed. The from Lake County, Illinois, and the NIOSH, the City of Charlotte, North FHWA agrees and deletes the remaining Cities of Tucson, Arizona, and Carolina, and a private citizen, the item (6) in this final rule because it is Charlotte, North Carolina, and a private FHWA also revises the third paragraph unlikely that a buffer will be used for citizen specifically in support of this of the first GUIDANCE statement that this application, thus the note is not new section, several informational and ‘‘first responders’’ to the incident necessary. (See the discussion and editorial comments, and some should assess the situation and set up comments for item gg above regarding comments opposed to specific language temporary traffic control related to that the label ‘‘optional’’ for the arrow panels within the section. assessment. First responders, however, on the figure.) Based on a comment from NIOSH will likely be too involved with other ll. Notes for Figure 6H–44: The FHWA suggesting that a distinction be made tasks related to the incident itself and removes item 5 in the GUIDANCE between planned and unplanned events, accordingly the FHWA has deleted statement (as numbered in the 2000 the FHWA makes a distinction between ‘‘first’’ from this statement. The MUTCD) because it is too vague and planned and unplanned events and statement now recognizes that other there is no accepted practice to removes language in this section, as responders may perform this assessment determine how traffic is stabilized. The well as the entire chapter, referring to and the associated tasks for temporary FHWA renumbers the remaining items. planned events. With pre-planning and traffic control. The FHWA received no comments coordination between law enforcement In Section 6I.02 Major Traffic regarding this change. (See the and transportation agencies, most Incidents, the FHWA received two discussion and comments for paragraph special events, such as a sporting event comments from the City of Charlotte, gg above regarding the label ‘‘optional’’ or a scheduled visit by a dignitary, North Carolina, and a private citizen for the arrow panels on the figure.) would not require the emergency opposed to the first GUIDANCE mm. Notes for Figure 6H–45: The measures described in this section. This statement regarding the use of FHWA adds a second sentence to items section focuses on management of applicable procedures and devices for 2a and 2e to include changing the mode emergency and other unforeseen traffic incidents that are anticipated to

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last more than 24 hours. The lighting. The FHWA disagrees because appropriately, portable school signs can commenters stated that normal the first sentence of the first paragraph be helpful in reducing speed, increasing temporary traffic control procedures points out that emergency-vehicle road user awareness of the crossing, and should be recommended for any lighting is essential prior to establishing enhancing school pedestrian safety. The incident lasting more than a few hours. good traffic control and the second and FHWA believes that the use of these The FHWA disagrees with these third paragraphs encourage emergency- signs is a subset of overall ‘‘in-street’’ comments because incidents that are vehicle lighting to be kept to a pedestrian devices that the FHWA relatively severe can last for most of a minimum after good traffic control has adopts in Part 2. In addition, the State day, and it is appropriate during these been established. The FHWA adopts of Washington successfully incidents to allow the use of incident this section with an additional experimented with in-roadway school management procedures and devices, GUIDANCE paragraph stating that warning signs,57 as discussed below rather than temporary traffic control vehicle headlights not needed for under Sections 7B.08 School Advance procedures and devices. illumination, or to provide notice to Warning Assembly (S1–1 with Based on comments from NIOSH and other road users of the incident Supplemental Plaque) and 7B.09 School the Iowa DOT, the FHWA revises the response vehicle being in an unexpected Crosswalk Warning Assembly (S1–1 third paragraph of the second location, should be turned off at night. with Diagonal Arrow). Accordingly, the GUIDANCE statement to add uniformed Discussion of Adopted Amendments to FHWA adopts the removal of the text as law enforcement officers, for specified in the NPA. For consistency consistency with other sections in Part Part 7—Traffic Controls for School Areas with other parts of the MUTCD, the 6. FHWA also adds an OPTION that in- Based on comments from the 298. In Section 7A.01 Need for roadway signs for school traffic control NCUTCD, the City of Charlotte, North Standards, the FHWA received one areas may be used consistent with the Carolina, and a private citizen, the comment from Caltrans suggesting that requirements of Sections 7B.08, 7B.09, FHWA revises the third GUIDANCE the STANDARD, which states that the and 2B.12 In-Street Pedestrian Crossing statement in this final rule to delete the types of traffic control devices used in Signs. recommendation that channelizing school areas shall be related to the 300. In Section 7A.09 Unauthorized devices should be used whenever volumes and speed of vehicular traffic, Devices and Messages, (titled Section possible if a roadway is expected to be street width, and the number and age of closed for more than three hours. That 7A.09 Removal of Confusing the students using the crossing, is not Advertising in the 2000 MUTCD), the recommendation was inconsistent with practical because the type of traffic the first GUIDANCE statement in this FHWA changes the title to provide control devices cannot be related to all consistency with other text in the section, which states that other chapters of the conditions listed. The FHWA of Part 6 should be used if the incident MUTCD as well as to avoid conflicting agrees that GUIDANCE, to provide statements to clarify the intent of this will last more than 24 hours. Finally, recommendations rather than a the FHWA revises the last paragraph of section. Two commenters from the Ohio requirement, is appropriate and revises DOT and Caltrans suggested that the the GUIDANCE statement to address a this statement in the final rule to a comment from the NCUTCD suggesting title of the section be changed to clarify GUIDANCE. In addition, this is the intent of the section. The comment that the reference to using flares for consistent with the rest of the short-term temporary traffic control be from the Ohio DOT also suggested that GUIDANCE statement in Section 7A.01. the SUPPORT statement be revised to deleted. 299. In Section 7A.04 Scope, the reference Section 1A.01 Purpose of In Section 6I.03 Intermediate Traffic FHWA received four comments from the Traffic Control Devices in addition to Incidents, the FHWA revises the NCUTCD, the Kansas DOT, and the Section 1A.08 Authority for Placement SUPPORT statement to clarify the Minnesota DOT opposing the removal of of Traffic Control Devices, which is duration of intermediate traffic the second paragraph of the already referenced. The FHWA agrees incidents, based on comments from the STANDARD restricting the use of that these changes are necessary for NCUTCD and to be consistent with portable school signs. The FHWA consistency. Section 6I.01 General. The FHWA disagrees with the commenters because makes additional revisions to this Arizona has extensively used portable 301. In Section 7B.01 Size of School section to be consistent with changes as school signs, in accordance with Signs, the FHWA revises the discussed in Section 6I.02 Major Traffic Arizona State laws and Arizona DOT STANDARD statement to indicate that Incidents. guidelines that have been in effect for the ‘‘Conventional Road’’ size sign shall In Section 6I.04 Minor Traffic several decades.56 The FHWA believes be used on public roads, streets, and Incidents, the FHWA revises the that, when designed and placed highways unless engineering judgment SUPPORT statement to clarify the determines that a special sign size duration of minor traffic incidents. The 56 ‘‘Traffic Safety for School Areas Guidelines’’, would be more appropriate, and that FHWA also removes the first paragraph 30–012, Arizona Department of Transportation, ‘‘oversized’’ sign sizes shall be used on of the GUIDANCE statement and adds June 2003, includes Arizona DOT guidelines for use expressways. The FHWA also revises that paragraph to Sections 6I.01, 6I.02, of portable school signs and citations of applicable the OPTION statement to indicate that Arizona State laws. This document is available at and 6I.03, as this recommendation for the following URL: http://www.dot.state.az.us/ ‘‘oversized’’ sign sizes may be used for training of on-scene responders is ROADS/traffic/standards/School_Safety/ application that require increased generally applicable to all types of Schoolsafety.pdf. The longstanding use and success emphasis, improved recognition, or traffic incidents but especially major of these signs in Arizona is reported in ‘‘School increased legibility. Zone Flashers—Do they Really Slow Traffic?’’ by and intermediate ones. Benjamin E. Burritt, Richard C. Buchanan, and Eric In Section 6I.05 Use of Emergency- I. Kalivoda’’, an article in ITE Journal, volume 60, 57 ‘‘School Zone ‘Delineator’ Project: Summary of Vehicle Lighting, the FHWA received number 1, January, 1990, pages 29–31. A copy of Preliminary Analysis Data’’ was prepared in August one comment from NIOSH opposed to this article is available on the docket. Also, this 2003 by the Washington Traffic Safety Commission issue of ITE Journal is available for purchase from for the Washington State Department of the section, suggesting that the section the Institute of Transportation Engineers (ITE) at the Transportation, as a part of FHWA-approved does not provide clear, consistent following URL: http://ite.org and click on experimentation number 7–16. This document is advice on the use of emergency-vehicle ‘‘Bookstore’’. available on the docket.

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The FHWA also revises the three size effective in reducing speeds in school crossings, not just midblock crossings. columns of Table 7B–1 to correspond zones. Based on this experience, the As discussed above in Section 7A.04, with the text changes, so that the first FHWA determines that this is an the FHWA believes that portable school column is labeled ‘‘Conventional Road’’, acceptable variation of the In-Street signs, when designed and placed the second column is labeled Pedestrian Crossing sign discussed in appropriately, can be helpful in ‘‘Minimum’’ and the third is labeled Section 7B.09 School Crosswalk reducing speed, enhancing road user ‘‘Oversized’’. The FHWA proposed Warning Assembly (S1–1 with Diagonal awareness of the crossing, and several changes to this table in the NPA Arrow). This sign will provide an enhancing school pedestrian safety. The to reflect additional new signs, changes additional tool to increase the safety of use of these signs is a subset of overall in sign sizes, and deletion of signs. school crossings by enhancing the ‘‘in-street’’ pedestrian devices that Based on comments from the NCUTCD, conspicuity of advance warnings. FHWA adopts in Section 2B.12 In-Street the Virginia and Oregon DOTs, Pierce For easier reference, the FHWA Pedestrian Crossing Signs (R1–6, R1– County, Washington, and a traffic assigns the page of sign images a 6a), and for consistency, the FHWA engineering consultant, the FHWA number and title, ‘‘Figure 7B–1 School adopts their use in Section 7B.09. The incorporates additional changes to these Area Signs’’. FHWA deletes ‘‘midblock’’ from the signs in this final rule. These changes in Also, the FHWA adds a new figure OPTION in this section and adds the table reflect changes throughout Part numbered and titled, ‘‘Figure 7B–2 language to the STANDARD statement 7 and make the sizes of supplemental Examples of Signing for School regarding sign placement and plaques correspond more closely with Crosswalk Warning Assembly’’ to breakaway requirements. the sizes of the signs they supplement. illustrate the placement of these The FHWA adds to the OPTION The sign sizes in this table are also assemblies as described in Section statement to describe the use of the consistent with the sign sizes in Part 2. 7B.09. reduced size School Advance Warning 302. In Section 7B.07 Sign Color for Additionally, the FHWA renumbers (S1–1) sign at an unsignalized school School Warning Signs, the FHWA and retitles Figure 7B–1 (as numbered crossing instead of the In-Street changes item A in the OPTION in the 2000 MUTCD) to ‘‘Figure 7B–3 Pedestrian Crossing (R1–6 or R1–6a) statement to ‘‘School Advance Warning Examples of Signing for School Area sign and to describe the use of the Sign’’ to be consistent with other Traffic Control with School Speed reduced size Diagonal Arrow (W16–7p) changes in the MUTCD. The FHWA also Limits.’’ The FHWA received a plaque with the reduced size School changes item D in the OPTION comment in agreement from NCUTCD Advance Warning (S1–1) sign. Based on statement to clarify that only the and a comment in opposition from a successful experience with this in-street SCHOOL portion on the School Speed traffic engineering consultant regarding version of the School Crosswalk Limit (S5–1) sign may have a this figure. The traffic engineering Warning Assembly in Washington State, fluorescent yellow-green background. consultant questioned the need to have as discussed above under Section 7B.08, The SCHOOL portion of the sign is the an ‘‘End SCHOOL ZONE’’ sign. This the FHWA believes that this is an warning message. The FHWA also adds sign is discussed in Section 7B.13 END acceptable alternative to the In-Street item H in the OPTION statement to SCHOOL ZONE Sign (S5–2) and its use Pedestrian Crossing (R1–6 or R1–6a) include the Reduced Speed School Zone is appropriately shown in Figure 7B–3. sign for use at a school crosswalk. Ahead (S4–5, S4–5a) sign in the list of The FHWA adds a new figure Additionally, the FHWA clarifies the signs that may have a fluorescent numbered and titled, ‘‘Figure 7B–4 In- STANDARD statement at the end of the yellow-green background with a black Street Signs in School Areas’’ to section to describe the use of the In- legend and border. illustrate the placement of these signs as street Pedestrian Crossing sign and the 303. In Section 7B.08 School Advance described in Sections 7B.08 and 7B.09. reduced-size in-street School Advance Warning Assembly (S1–1 with The FHWA adds this figure in this final Warning (S1–1) assembly. 305. In Section 7B.11 School Speed Supplemental Plaque), to respond to a rule to provide clarity and to assist users Limit Assembly (S4–1, S4–2, S4–3, S4– comment from a traffic engineering in understanding the sign placement. 4, S4–6, S5–1) (referred to as Section consultant suggesting clarification, the 304. In Section 7B.09 School 7B.11 School Speed Limit Assembly FHWA adds to the GUIDANCE Crosswalk Warning Assembly (S1–1 (S4–1, S4–2, S4–3, S4–4, S5–1) in the statement an exception that the School with Diagonal Arrow), the FHWA NPA), the FHWA received three Advance Warning (S1–1) assembly does received several comments from the comments from the Ohio DOT and not need to be installed along a highway NCUTCD, State DOTs, a traffic control traffic engineering consultants regarding when a physical barrier, such as device manufacturer, and a private the location of the reduced speed zone fencing, separates school children from citizen regarding the proposal to insert in the vicinity of a school. While there the highway. an OPTION statement allowing the use were no proposed changes to this The FHWA also adds an OPTION of the In-Street Pedestrian Crossing (R1– statement at the end of the section to statement in the NPA, the FHWA 6 or R1–6a) signs at unsignalized changes the location of the speed zone describe the use of the in-street reduced midblock crossings. The NCUTCD and size School Advance Warning (S1–1) in relation to the school property line the Minnesota DOT were opposed to from ‘‘90 m (300 ft)’’ to ‘‘30 m (100 ft)’’ sign and reduced size AHEAD (W16–9p) allowing the use of the sign, suggesting plaque in advance of a school crossing. to correct an error in the 2000 MUTCD that there was not sufficient research to and address the concerns of the The Washington State DOT performed a support of the effectiveness of the sign. before and after study to determine the commenters. The FHWA also changes The Oregon DOT, a traffic control the corresponding dimension shown in effectiveness of this sign. Although a device manufacturer, and the private final report on the evaluation is not Figure 7B–3. citizen suggested that use of the sign be In the NPA, the FHWA proposed to complete, a preliminary analysis of the permitted at all unsignalized school add to the OPTION statement that data 58 shows that these signs can be changeable message signs should for the Washington State Department of 58 ‘‘School Zone ‘Delineator’ Project: Summary of Transportation, as a part of FHWA-approved subscribe to the principles established Preliminary Analysis Data’’ was prepared in August experimentation number 7–16. This document is in Section 2A.07 Changeable Message 2003 by the Washington Traffic Safety Commission available on the docket. Signs and other sections of the MUTCD,

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for consistency with Section 6F.55 This is consistent with the decisions Patrols in the NPA), the FHWA adds a Portable Changeable Message Signs. The in Chapter 2C to add the W3–5 Speed STANDARD statement that adult guards NCUTCD suggested eliminating Reduced Ahead signs in symbol and shall wear high-visibility safety apparel redundant references to the changeable legend designs for English units and the labeled as ANSI 107–1999 standard message signs. Based on this comment, legend design for metric units. In performance for Class 2, and that the FHWA creates a new OPTION response to the NCUTCD’s suggestions student patrols shall wear high-visibility statement after the second STANDARD to enhance the perception and legibility, safety apparel labeled as ANSI 107– and moves what was previously the first the FHWA modifies the design of the 1999 standard performance for Class 1. paragraph of the OPTION statement to W3–5 symbol sign to reduce the height This safety apparel will make the guards this new OPTION and revises the of the legend ‘‘SPEED’’ and ‘‘LIMIT’’ and patrols (and the students they are wording to include references to Section while increasing the height of the managing) far more visible to 2A.07 and 6F.55. The FHWA deletes the numbers of the speed limit. This will approaching road users. The adopted remaining repetitious wording from the provide enhanced perception and language in this final rule includes a second OPTION. legibility distance. slight revision from the NPA that The FHWA adds new paragraphs to 307. In Section 7C.03 Crosswalk changes the phrase ‘‘high-visibility the last OPTION statement indicating Markings, the FHWA adds a new retroreflective clothing’’ to ‘‘high- that fluorescent yellow-green pixels may SUPPORT statement at the beginning of visibility safety apparel.’’ The FHWA be used when school-related messages the section to provide information on incorporates this change in this final are shown on a changeable message sign the use of crosswalk markings. The rule for consistency with terminology and that changeable message signs that FHWA received one comment from the used in Part 6 and to avoid any possible display the speed of approaching City of Tucson supporting all of the misinterpretation that all clothing worn drivers my be used in a school speed changes to this section as proposed in must meet the ANSI standard. The zone. There were no comments on this the NPA. FHWA adopts a phase-in target change. Additionally, the FHWA revises the compliance date for these changes of second paragraph of the GUIDANCE The FHWA also adds information on five years from the effective date of this statement to include extending the use of the FINES HIGHER (R2–6) final rule in order to minimize any crosswalk lines to the edge of the sign to advise road users when impact on State or local agencies. intersecting crosswalk to discourage increased fines are imposed for traffic 310. In Section 7E.05 Operating diagonal walking between crosswalks. violations in school zones. One Procedures for Adult Crossing Guards The FHWA adds this additional commenter from the Wisconsin DOT felt (referred to as Section 7E.05 Operating wording to be consistent with changes that this sign was not necessary because Procedures for Adult Guards in the in Section 3B.17 Crosswalk Markings, NPA), the FHWA received seven these laws are already in the State and because school children are statutes and the State generally does not comments from the NCUTCD, State and pedestrians. To be consistent with local DOTs, traffic control device make it a practice to sign all statutory Section 3B.17, the FHWA also adds requirements. Because this is an manufacturers, and private citizens additional text at the end of the first regarding the proposal to add an OPTION statement, any State can decide GUIDANCE statement to indicate that whether or not to use this sign. The OPTION statement at the end of the crosswalks should not be used section to allow the STOP paddle to be FHWA adopts the language as proposed indiscriminately and that an in the NPA. modified to enhance the conspicuity of engineering study should be performed the paddle by adding white flashing 306. In Section 7B.12 Reduced Speed before placing crosswalks at locations lights. All of the commenters suggested School Zone Ahead Sign (S4–5, S4–5a) away from traffic control signals or that the use of red lights also be (referred to as Section 7B.12 School STOP signs. allowed. The FHWA agrees and adds Reduced Speed Ahead Sign (S4–5, S4– 308. In Section 7C.04 Stop and Yield the use of red lights to the OPTION. 5a) in the NPA), the FHWA received Lines, the FHWA revises the title from The FHWA also adds item E to the several comments from the NCUTCD ‘‘Stop Line Markings’’ to ‘‘Stop and OPTION statement to indicate that a and State DOTs regarding the use of S4– Yield Lines’’ and revises the entire series of white lights forming the shapes 5 and S4–5a signs. The Illinois, Oregon, section to appropriately mirror the of the letters in the legend of a STOP and Wisconsin DOTs and the NCUTCD STANDARD, GUIDANCE, OPTION, and paddle may be used. This is consistent opposed the use of these signs in place SUPPORT statements contained in Part with adopted changes to Parts 2 and 6 of the rectangular ‘‘School/Reduced 3. The FHWA received one comment of the MUTCD. Speed Ahead’’ signs, stating that these from the City of Tucson, Arizona, in Additionally, the FHWA adds a signs are not needed and do not add support of all of the changes. The STANDARD statement following the much benefit for the impact they would Oregon DOT suggested adding an new OPTION statement to define the have on the States. The State DOTs OPTION to allow the use of a stop line acceptable flashing rate of the optional stated that the S4–5 and S4–5a warning with STOP HERE FOR PEDESTRIANS flashing lights on STOP paddles. This signs may not be as effective as the signs at both intersection and midblock change is consistent with the flashing rectangular signs. locations at crosswalks not controlled rate in other parts of the MUTCD. A The FHWA disagrees and adds the by a signal, stop sign, or yield sign, in traffic control device manufacturer and S4–5 and S4–5a signs in this final rule order to help enforce State law requiring private citizen suggested increasing the for Part 7 to avoid conflicting sign drivers to stop. The FHWA disagrees flash rate to three times the normal rate. applications within the MUTCD. The because STOP HERE FOR PEDESTRIAN The FHWA disagrees with allowing an FHWA establishes a phase-in target signs with stop lines are not adopted in increased flash rate because such a flash compliance date of 15 years from the Section 2B.11 Yield Here to Pedestrians rate would be close to the range of flash effective date of this final rule for Signs (R1–5, R1–5a) or Part 3 Markings. rates that may cause epileptic replacement of existing regulatory signs 309. In Section 7E.04 Uniform of seizures.59 The FHWA adopts the flash in good condition with these warning Adult Crossing Guards and Student signs to minimize any impact on State Patrols (referred to as Section 7E.04 59 The website of the National Society for of local governments. Uniform of Adult Guards and Student Epilepsy, a professional society in the United

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rate of between 50 and 60 flashes per comment from the City of Tucson, transit is eliminated at a highway-rail or minute as proposed in the NPA. Arizona, in support of this change. The highway-light rail transit grade crossing Ohio DOT suggested editorial changes until the tracks are removed or paved Discussion of Adopted Amendments to to reduce redundancy in listing types of over. The FHWA received one comment Part 8—Traffic Controls for Highway- traffic. The FHWA agrees and changes from the New Jersey DOT suggesting Rail Grade Crossings the phrase ‘‘drivers, pedestrians, and that this new OPTION be made a 311. In Section 8A.01 Introduction, bicyclists’’ to ‘‘vehicle operators and STANDARD. The FHWA also received a the FHWA revises the definitions in the pedestrians.’’ The Virginia DOT comment from the U.S. Access Board STANDARD statement for: ‘‘Advance suggested that the GUIDANCE be suggesting that the preceding Preemption and Advance Preemption changed to a STANDARD. The FHWA GUIDANCE, as it relates to paving over Time’’ (change to ‘‘Advance disagrees because this statement is not tracks where a railroad is eliminated at Preemption’’ and ‘‘Advance Preemption specific enough to be a STANDARD. a highway-rail grade crossing, be Time’’), ‘‘Clear Storage Distance,’’ 313. In Section 8A.03 Uniform strengthened by adding a time limit by ‘‘Dynamic Envelope Delineation’’ Provisions, the FHWA changes the which the tracks should be paved over. (change to ‘‘Dynamic Envelope’’), STANDARD statement to indicate that The FHWA revises the OPTION ‘‘Maximum Highway Traffic Signal no sign or signal shall be located in the statement to indicate that based on Preemption Time,’’ ‘‘Minimum Track center of an undivided highway, except engineering judgment, the TRACKS Clearance Distance,’’ ‘‘Pre-signal,’’ and in a ‘‘raised island.’’ In the 2000 OUT OF SERVICE sign may be ‘‘Queue Clearance Time’’ to reflect MUTCD, the text used the phrase temporarily installed until the tracks are accepted practice and terminologies. ‘‘island with non-mountable curbs,’’ removed or paved over and that the There were a few editorial comments however a traffic engineering consultant length of time that the tracks will be out regarding some of these definitions that suggested a change to clarify that the of service before they are removed or have been incorporated in this final rule curb should not be mountable. The paved over may be considered in as appropriate. FHWA agrees and modifies the text, making the decision as to whether to The FHWA also adds definitions for with slight editorial changes, to be install the sign. the following because they are referred consistent with the AASHTO Green 315. In Section 8A.05 Temporary to later in the MUTCD: ‘‘Dynamic Exit Book.60 Traffic Control Zones, the FHWA adds Gate Operating Mode,’’ ‘‘Exit Gate 314. In Section 8A.04 Highway-Rail a SUPPORT statement at the beginning Clearance Time,’’ ‘‘Exit Gate Operating Grade Crossing Elimination, the FHWA of the section. This SUPPORT statement Mode,’’ ‘‘Flashing-Light Signals,’’ adds a GUIDANCE statement at the is identical to the SUPPORT statement ‘‘Timed Exit Gate Operating Mode,’’ beginning of the section. This in Section 10A.05 Temporary Traffic ‘‘Wayside Equipment,’’ and ‘‘Vehicle GUIDANCE statement is identical to the Control Zones and reinforces that Intrusion Detection Devices’’ to reflect first GUIDANCE statement in Section temporary traffic control planning accepted practice and terminologies. 10A.04 Highway-Light Rail Transit provides for continuity of operations There were a few editorial comments Grade Crossing Elimination, and when the normal function of a roadway regarding some of these definitions that reinforces that both highway-rail and at both a highway-rail and a highway- have been incorporated in this final rule highway-light rail transit grade light rail transit grade crossing is as appropriate. crossings are a potential source of suspended because of temporary traffic Additionally, in response to a congestion and agencies should conduct control operations. The FHWA received comment from Norfolk Southern engineering studies to determine the one comment from the City of Tucson, Railroad, the FHWA removes the cost and benefits of eliminating such Arizona, in support of this change. The definition for ‘‘Monitored crossings. The FHWA received one FHWA adopts this change. comment from the Wisconsin DOT 316. The FHWA adds a new section Interconnected Operation’’ because it is suggesting that the statement also numbered and titled, ‘‘Section 8B.02 not used in the MUTCD. The FHWA mention that crossings are a potential Sizes of Grade Crossing Signs.’’ This renumbers the remaining definitions source of crashes. The FHWA agrees new section contains a STANDARD and accordingly. and adds the appropriate text in this an OPTION statement regarding sign 312. In Section 8A.02 Use of Standard final rule. sizes for grade crossing signs, as well as Devices, Systems, and Practices, the Additionally, the FHWA adds an a reference to a new table numbered and FHWA adds a GUIDANCE statement OPTION statement at the end of the titled, ‘‘Table 8B–1 Sign Sizes for Grade following the STANDARD statement. section. This OPTION statement is Crossing Signs.’’ The FHWA adds this This GUIDANCE statement is identical identical to the last OPTION statement section and table to consolidate to the second GUIDANCE statement in in Section 10A.04 and reinforces that information previously contained Section 10A.02 Use of Standard TRACKS OUT OF SERVICE (R8–9) signs elsewhere in the MUTCD, make the Devices, Systems, and Practices, and may be temporarily installed at information more readily accessible to reinforces that Part 1 principles of locations where both rail or light rail readers, and for consistency with design, placement, operation, changes made in Part 2. The FHWA maintenance, and uniformity of traffic 60 ‘‘A Policy on Geometric Design of Highways renumbers the remaining sections control devices should be considered for and Streets,’’ 4th Edition, 2001, in both hardcopy accordingly. both highway-rail and highway-light rail and CD–ROM, is available from the American 317. In Section 8B.03 Highway-Rail transit grade crossings. There was one Association of State Highway and Transportation Officials (AASHTO) by telephone (800) 231–3475, Grade Crossing (Crossbuck) Sign and facsimile (800) 525–5562, mail AASHTO, P.O. Box Number of Tracks Sign (R15–2) Kingdom that specializes in epilepsy, states that a 96716, Washington, DC 20090–6716, or at its Web (numbered and titled ‘‘Section 8B.02 flash rate fo 5 to 30 hertz (flashes per second) can site http://www.transportation.org and click on cause seizures in some people. This information is Bookstore. This document is a guide, based on Highway-Rail Grade Crossing available at the following URL; http:// established practices and supplemented by (Crossbuck) Signs (R15–1, R15–2, R15– www.epilepsynse.org.uk/pages/info/leaflets/ research, to provide guidance to the highway 9)’’ in the NPA), the FHWA proposed to photo.cfm. A variety of websites of U.S. designer to provide for the needs of highway users add an OPTION statement for the organizations also refer to the problem of while maintaining the integrity of the environment. photosensitivity (triggering fo seizures by flickering It is incorporated by reference into the CFR at 23 optional use of a new Crossbuck Shield lights) among epileptic persons. CFR 625.4. sign. The FHWA received two

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comments from the City of Tucson, minimum lateral clearance for the addition of too many additional railroad Arizona, and ATSSA in support of the nearest edge of the Crossbuck sign to the signs at a high cost to local jurisdictions Crossbuck Shield sign. Sixteen shoulder or the traveled way. The and limited benefit to the traveling commenters representing the NCUTCD Connecticut DOT indicated that the 3.7 public. The FHWA believes that if the and its railroad technical committee, m (12 ft) requirement seemed excessive crossing is within 100 feet of the railroad owners and associations, State and could affect the motorist’s sight to parallel highway, it is important for and local DOTs, and private citizens the sign due to physical limitations in adequate safety that turning drivers are expressed opposition to the use of the rural areas. The NPA did not propose warned that they will encounter a Crossbuck Shield sign, suggesting that any significant changes to this crossing soon after turning. consideration of these proposed changes statement, rather the NPA included Yakima County, Washington, be deferred pending the NCUTCD’s editorial changes to add that this suggested that these signs are a consideration of the recommendations GUIDANCE refers to the ‘‘minimum’’ combination of railroad crossing of NCHRP Report 470 61 regarding lateral clearance and to clarify that the warning and intersection warning signs, requiring the display of a YIELD sign or greater of 1.8 m (6 feet) from the edge and therefore should be placed in a STOP sign where appropriate, in of the shoulder or 3.7 m (12 ft) from the accordance with Chapter 2A and Table conjunction with the Crossbuck sign. edge of the traveled way in rural areas 2C–4. The FHWA agrees and revises the Given the strong response opposing the (whichever is greater) should be used. statement in this final rule to include proposal, the FHWA believes that the Because this is a GUIDANCE, if there is placing the signs in accordance with the proposal of the Crossbuck Shield was a good engineering reason for placing guidelines for Intersection Warning premature and removes all text and the sign closer to the edge of the Signs in Table 2C–4. graphic references regarding the roadway, agencies may do so. The 319. In Section 8B.06 Turn Crossbuck Shield sign from this final FHWA adopts the language as proposed Restrictions During Preemption rule. States currently using the in the NPA with one punctuation (numbered Section 8B.05 in the NPA), Crossbuck Shield sign under approved revision. the FHWA received several comments experimentations may request an 318. In Section 8B.04 Highway-Rail from members of the NCUTCD Railroad extension in writing from the FHWA to Grade Crossing Advance Warning Signs and Light Rail Transit Committee stating continue experimental use. (W10 series) (numbered Section 8B.03 that the committee recommended Also, the FHWA revises the second in the NPA), the FHWA revises the first deleting the track image that appears in STANDARD statement to clarify the STANDARD statement, item A, to better the center of the R3–1a and R3–2a signs, placement of retroreflective white define where Highway-Rail Grade and to call these signs R3–1 and R3–2, material on the front and back of the Crossing Advance Warning (W10–1) because they would become identical to supports for highway-rail grade crossing signs are not required on an approach to the turn prohibition signs in Chapter 2B. Crossbuck signs, to within 0.6 m (2 ft) a crossing from a T-intersection with a The committee felt that track depiction above the edge of the roadway, except parallel highway. Five commenters from is unnecessary and clutters the signs. on the side of those supports where a the NCUTCD, the Utah Transit The FHWA acknowledges that these STOP or YIELD sign or flashing lights Authority, a traffic engineering symbol signs involving tracks may need have been installed, or on the back side consultant and private citizens opposed to be re-designed to enhance clarity and of supports for Crossbuck signs installed the revision, stating that the wording is legibility, but rather than to use the R3– on one-way streets. In the NPA, the repeated in the first paragraph of the 1 and R3–2 signs, the FHWA withdraws FHWA proposed a distance of 0.3 m (1 second STANDARD statement. One the R3–1a and R3–2a signs (with tracks) ft) from ground level, however the commenter from the Nevada DOT as proposed in the NPA and reassigns FHWA revises the wording in this final supported the revisions. The FHWA these signs as word message signs ‘‘NO rule to reflect the many comments that declines deleting item A because it LEFT/RIGHT TURN ACROSS TRACKS’’ FHWA received from the NCUTCD and discusses a specific situation for which in this final rule. The FHWA believes its railroad technical committee, no W10–1 sign is required on an that it is important to use signs that railroad owners and operators, State approach to a grade crossing. Item A clearly convey that turning across the DOTs in regions where snowfall is refers only to ‘‘T-intersections’’ where tracks is prohibited, not necessarily all common, and private citizens suggesting W10–3 signs are used in both directions turns at a location. that 0.6 m (2 ft) was more appropriate of the parallel highway. Item A covers 320. The FHWA adds a new section due to potential maintenance problems approaches where all vehicles crossing titled, ‘‘Section 8B.10 STOP HERE in northern States associated with snow. the track have turned onto the approach WHEN FLASHING Sign (R8–10)’’ In addition, the change from ‘‘near from the parallel highway, whereas text (numbered Section 8B.09 in the NPA), ground level’’ to ‘‘above the edge of the in the second STANDARD statement which contains an OPTION statement roadway’’ responds to many of the same covers all intersections including 4-way describing the use of the STOP HERE commenters who suggested that intersections and T-intersections where WHEN FLASHING (R8–10) sign as it referencing to the height of the edge of the track crosses the top of the relates to highway-rail grade crossings. the roadway promotes a more uniform intersection. The FHWA adopts the The FHWA received one comment from display and is more consistent with wording as proposed in the NPA. NCUTCD in support of the new section other sections of the MUTCD. Additionally, the FHWA revises the and one comment from the Ohio DOT Additionally, the FHWA received one second STANDARD statement to clarify suggesting that the FHWA revise the comment from the Connecticut DOT the proper use of the W10–2, W10–3, arrow on the STOP HERE WHEN regarding the second paragraph of the and W10–4 advance warning signs if the FLASHING (R8–10) sign from a tapered GUIDANCE statement relating to distance from the parallel highway to shaft arrow to a straight shaft arrow. The the railroad tracks is less than 30 m (100 FHWA agrees and adopts this change. 61 NCHRP Report 470, ‘‘Traffic Control Devices feet). The FHWA received comments 321. The FHWA adds a new section for Passive Railroad-Highway Grade Crossings’’, from the Kansas DOT and Yakima titled, ‘‘Section 8B.11 STOP HERE ON 2002, is available for downloading from the Transportation Research Board at the following County, Washington, regarding these RED Sign (R10–6)’’ (numbered Section URL: http://gulliver.trb.org/publications/nchrp/ changes. The Kansas DOT suggested 8B.10 in the NPA), which contains nchrp_rpt_470-a.pdf that these changes would result in the SUPPORT, OPTION, and GUIDANCE

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statements describing the use of the of traffic control devices at the crossing, with the economic concerns and to STOP HERE ON RED (R10–6) sign at the FHWA disagrees and adopts the address this situation the FHWA adds highway-rail grade crossings. The changes as proposed in the NPA. an OPTION statement before the FHWA received comments from the 324. The FHWA adds a new section GUIDANCE, stating that illumination Wisconsin and New Jersey DOTs numbered and titled ‘‘Section 8B.19 may be installed at or adjacent to a suggesting that the SUPPORT statement Skewed Crossing Sign (W10–12)’’ highway-rail grade crossing. The FHWA be clarified to indicate that the STOP (numbered Section 8B.18 in the NPA), adopts the change proposed in the NPA HERE ON RED sign be restricted to just which describes the use of the Skewed to change the OPTION statement to a those crossings where traffic control Crossing (W10–12) sign at highway-rail GUIDANCE statement; however, this signals are used to control traffic, and grade crossings when railroad tracks are GUIDANCE follows the new OPTION not used at locations with flashing-light not perpendicular to the highway. Four statement. signals. The FHWA also received commenters, representing the NCUTCD, 328. In Section 8D.01 Introduction, several comments from the NCUTCD, Caltrans, the New Jersey DOT, as well the FHWA revises the first OPTION railroad operators, traffic engineering as the City of Tucson, Arizona, agreed statement to clarify that flashing-light consultants, and private citizens with the changes as proposed, while signals that are post-mounted or suggesting that the FHWA remove the two commenters from the Nevada DOT overhead-mounted may be used term ‘‘traffic gates’’ from the SUPPORT suggested that more research should be separately or in combination with each statement because the term is not conducted regarding the effectiveness of other and that flashing-light signals may common in the railroad industry. The this sign. The FHWA disagrees that any be used without automatic gate FHWA agrees with both of these additional study is needed and adopts assemblies as determined by an comments and incorporates these this section in this final rule. One engineering study. The FHWA received clarifications into this final rule. The commenter from the Virginia DOT one comment from the Nevada DOT FHWA renumbers the remaining suggested revisions to the GUIDANCE opposing this change, stating that this sections accordingly. statement to provide more guidance on language may enable third parties to 322. In Section 8B.15 NO SIGNAL the sign design to appropriately depict apply pressure to local authorities that Sign (W10–10) or NO GATES OR the skewed crossing. The FHWA agrees approve crossings not to install LIGHTS Sign (W10–13) (numbered and with this comment and incorporates this automatic gates. The FHWA feels that titled ‘‘Section 8B.12 NO SIGNAL Sign modification into this final rule. the decision for the crossing treatment (W10–10)’’ in the 2000 MUTCD), the 325. In Section 8B.20 Pavement should be determined by the agency FHWA adds to the OPTION statement Markings (numbered Section 8B.19 in maintaining the roadway after an that the NO GATES OR LIGHTS (W10– the NPA), the FHWA revises the second engineering study and adopts the 13) sign may be used as an alternate to paragraph of the STANDARD statement change as proposed in the NPA. the NO SIGNAL (W10–10) sign. There to clarify that a no-passing marking on Additionally, in the NPA the FHWA was one comment from the New Jersey two-lane highways is needed only in proposed adding to the second OPTION DOT opposing this change, stating that locations where centerline markings are statement information that In-Roadway they are not in favor of using these signs used. The FHWA incorporates this Stop Line Lights and In-Roadway at grade crossings. Because the use of change for consistency with changes Warning Lights may be installed at these signs is optional, States can made in Part 3 in this final rule. highway-rail grade crossings that are determine whether or not they use these 326. In Section 8B.22 Dynamic controlled by active grade crossing signs. Some States are interested in Envelope Markings (numbered and warning systems, as discussed in using these signs, so the FHWA adopts titled Section 8B.18 Dynamic Envelope Chapter 4L In Roadway Lights. Eleven this change as proposed in the NPA. Delineation in the 2000 MUTCD), the commenters representing the NCUTCD, 323. In Section 8B.16 LOOK Sign FHWA retitles this section to clarify that State and local DOTs, railroad operators (R15–8), (numbered Section 8B.15 in the the text refers to pavement markings. and associations, and private citizens NPA), the FHWA modifies the OPTION Additionally, the FHWA adds a opposed this new text. In concert with statement by removing the phrase, ‘‘that second paragraph to the OPTION determinations made in Chapter 4L, the do not have active warning devices’’ to statement to clarify that dynamic FHWA withdraws this proposal and clarify that the LOOK (R15–8) sign may envelope markings may be installed at retains the language in the 2000 be mounted at any highway-rail grade any highway-rail grade crossing unless MUTCD. crossing. There was one comment from a Four-Quadrant Gate system is used. 329. In Section 8D.02 Flashing-Light the City of Tucson, Arizona, in support 327. In Section 8C.01 Illumination of Signals, Post-Mounted, the FHWA of the change, and two commenters Highway-Rail Grade Crossings, the modifies the GUIDANCE statement to from the Minnesota DOT and a traffic FHWA proposed to change the OPTION clarify the sizes of lenses for use in engineering consultant opposed the statement to a GUIDANCE statement to highway-rail grade crossing flashing- change. The traffic engineering indicate that illumination should be light signals and to provide guidance for consultant suggested that the LOOK sign installed at, and adjacent to, a highway- choosing the size of the background should be a warning sign, rather than a rail grade crossing when an engineering behind the lenses. The FHWA received regulatory sign. Because most State laws study determines such illumination is five comments from the NCUTCD, require road users to look for trains at needed to improve grade crossing safety. stating that the NCUTCD Railroad and a grade crossing, as well as the fact that One commenter from the City of Light Rail Transit Committee opposed this sign regulates pedestrians, the Tucson, Arizona, agreed with the the proposed clarification of lens sizes FHWA declines incorporating this change, however seven commenters, for use in highway-rail grade crossing suggestion. The Minnesota DOT, who representing the NCUTCD, State and flashing-light signals because lens sizes opposed the change, suggested that the local DOTs as well as private citizens, have been understood for many years in LOOK sign should only apply to opposed changing the OPTION to a the rail industry. The FHWA disagrees highway-rail grade crossings with active GUIDANCE, stating that this would be because the clarifying reference in this warning devices. Because this sign is very expensive to implement and that section is to Section 4D.15 Size, Number optional and may be used in areas of the FHWA should consider the and Location of Signal Faces by significant pedestrian traffic, regardless economic impact. The FHWA agrees Approach, which contains good advice

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regarding lens sizes that some agencies warning time or other advanced intersection controlled by a traffic and other individuals involved with systems, for the same reasons as control signal, a pre-signal may be used highway-rail grade crossings may not be discussed above in Section 8D.04. if an engineering study determines a aware of. The FHWA adopts this change Based on a comment from a railroad need. The FHWA feels that this addition as proposed in the NPA. The FHWA company, the FHWA revises the third may improve safety for this type of received four comments, primarily from and fourth paragraphs of the highway-rail grade crossing. railroad companies, opposing the GUIDANCE statement to include The FHWA establishes a phase-in guidance for choosing the size of the coordination with the affected railroad target compliance date of 10 years for background behind the lenses because company when determining the existing installations to minimize any Part 4 does not contain specified operating mode of exit gates and the impact on State or local governments. Exit Gate Clearance Time. background sizes for any traffic signal. Discussion of Adopted Amendments to The FHWA agrees and withdraws this Additionally, the FHWA changes the title of Figure 8D–2 from ‘‘Typical Part 9—Traffic Controls for Bicycle proposal. Facilities 330. In Section 8D.04 Automatic Location Plan for Flashing-Light Signals Gates, the FHWA received a comment and Four-Quadrant Gates’’ to ‘‘Example 333. In Section 9A.03 Definitions from a private citizen suggesting that the of Location Plan for Flashing-Light Relating to Bicycles, the FHWA adds to second paragraph of the STANDARD Signals and Four-Quadrant Gates.’’ the first STANDARD statement a statement be revised to include There were no comments regarding this definition for ‘‘Bicycle Facilities’’ consideration for the unique change, and the FHWA adopts this because the term is frequently used in requirements associated with constant change. Part 9. The FHWA revises the definition warning time and other advanced 332. In Section 8D.07 Traffic Control slightly from that proposed in the NPA system devices. The FHWA believes Signals at or Near Highway-Rail Grade to respond to comments suggesting that that it is appropriate to make this Crossings, the FHWA received ‘‘made by public agencies’’ be removed change because the features of constant comments from a private citizen because there are bicycle facilities that warning time and other advanced regarding text in the first OPTION and are operated by non-governmental systems do not necessarily provide for STANDARD statements related to the agencies. The FHWA also removes the an operation of the gates exactly as use of traffic control signals instead of definition for ‘‘Bicycle Path,’’ and described in the paragraph. The FHWA flashing-light signals at industrial removes the remaining occurrences of believes that requiring constant warning highway-rail grade crossings and ‘‘bicycle path’’ from the MUTCD time and other advanced systems to mainline highway-rail grade crossings. because ‘‘shared use path’’ have gate operations exactly as The commenter suggested that the text appropriately covers the term. The described would be an unreasonable include additional language specifying FHWA also revises the definition for burden on jurisdictions and is not train speeds as part of the criteria. These ‘‘Shared Use Path’’ to clarify that it is practical or necessary. Accordingly, the comments go beyond the scope of this outside the traveled way. The FHWA FHWA revises the second paragraph of rulemaking and would need to be renumbers the remaining items the STANDARD statement to provide an addressed in a future rulemaking. accordingly. exception to the requirements of this Following the second paragraph of the 334. In Section 9B.01 Application and paragraph when a constant warning second STANDARD statement, the Placement of Signs, the FHWA removes time or other advanced system requires FHWA adds additional GUIDANCE, the first SUPPORT statement as it only otherwise. STANDARD, GUIDANCE, and OPTION references Figure 9B–1. The FHWA now 331. In Section 8D.05 Four-Quadrant statements to better describe the use of references Figure 9B–1 in the first Gate Systems, the FHWA revises and pre-signals to improve safety at STANDARD statement because the sign adds to the GUIDANCE statement highway-rail grade crossings at locations installation standards shown in Figure information to describe the various in proximity to intersections controlled 9B–1 are discussed in this STANDARD. operating modes of exit gates and how by traffic control signals. The FHWA The FHWA received two comments they should be used. The FHWA received one comment from the City of from the NCUTCD and the City of received five comments suggesting Tucson, Arizona, supporting the overall Tucson, Arizona, in support of the terminology changes that the NCUTCD changes to this section. One comment changes to this section. Railroad and Light-Rail Transit from the Wisconsin DOT expressed Two commenters opposed the Committee endorsed. The FHWA agrees general support for the new language for standards for sign size, mounting height and includes those terminology changes preemption, but expressed concerns and lateral clearance. The New York in this final rule. The Committee also regarding the use of pre-signals when City DOT stated these standards are suggested that the GUIDANCE statement the crossing is within 15 m (50 ft) (or infeasible in dense urban areas, and a regarding placement of exit gates to within 23 m (75 ft) for a highway that traffic engineering consultant stated that provide a safe zone be deleted because is regularly used by multi-unit vehicles) the minimum vertical clearance of 8 feet this practice is seldom used. Because of an intersection controlled by a traffic is less than the ITE Guidelines for Major Four-Quadrant Gates are a relatively control signal. This comment is unique Street Design,62 which specifies 8.2 feet. new concept to grade crossings, the to the State of Wisconsin because they While the FHWA recognizes the FHWA believes that if space is use near-side signal displays at all importance of these two comments, available, the exit gates should be set intersections. The FHWA believes it is these suggestions go beyond the scope back at least one design vehicle length inappropriate to change the MUTCD in of this rulemaking and would need to be from the nearest rail in order to reduce this case to accommodate the practices addressed in a future rulemaking. the chances of a vehicle becoming of one State. 335. In Section 9B.02 Design of trapped on the tracks. The FHWA Additionally, the FHWA adds to the Bicycle Signs, the FHWA replaces the adopts the changes as proposed in the last OPTION statement that at locations NPA. where a highway-rail grade crossing is 62 ‘‘Guidelines for Urban Major Street Design’’, Institute of Transportation Engineers, 1984. It may Additionally, the FHWA revises the located more than 15m (50 ft) (or more be purchased from the Institute of Transportation third paragraph of the STANDARD that 23 m (75 ft) for a highway regularly Engineers bookstore at the Web site http:// statement to accommodate constant used by multi-unit vehicles) from an www.ite.org.

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term ‘‘bicycle facilities’’ with the term Additionally, the FHWA removes TURN LANE YIELD TO BIKES Sign ‘‘shared-use path’’ in the first sentence existing text in this section in its (R4–4). The new section is numbered of the second paragraph of the entirety and replaces it with new text and titled ‘‘Section 9B.06 Bicycle STANDARD statement because this regarding the use of Bicycle Lane signs. WRONG WAY Sign and RIDE WITH sentence relates only to shared-use This modification replaces the existing TRAFFIC Plaque (R5–1b, R9–3c)’’ and paths and not to on-street bicycle lanes. Bicycle LANE AHEAD (R3–16), Bicycle provides GUIDANCE and OPTIONS Shared-use paths are for the use of LANE ENDS (R3–16a), and RIGHT regarding the design and placement of pedestrians (with or without LANE Bicycle ONLY (R3–17) signs with Bicycle WRONG WAY Signs. The disabilities), skaters, joggers, and other a redesigned BIKE LANE (R3–17) sign to remaining sections are renumbered non-motorized users in addition to be used in conjunction with new accordingly. Sixteen commenters, bicyclists. There were comments from supplemental AHEAD (R3–17a) and representing the NCUTCD, State and the NCUTCD, the Wisconsin DOT, and ENDS (R3–17b) plaques. These sign local highway agencies as well as the City of Tucson, Arizona, in combinations will more clearly provide private citizens, supported this new agreement with the changes. The the information contained on the old section. One commenter from the City of NCUTCD suggested that the last R3–16, R3–16a, R3–17, and R3–17a Tucson, Arizona, opposed it, stating that sentence of the STANDARD should signs, and will reduce road user WRONG WAY signs are not necessary retain ‘‘shared use paths.’’ The FHWA confusion. The FHWA received five for informing users of the normal rules disagrees because this sentence states comments from the NCUTCD, ATSSA, of the road. The FHWA disagrees that the minimum sign sizes for bicycle Caltrans, the Metropolitan Planning because many signs inform drivers of facilities shall not be used in locations Organization of Cincinnati, and the the normal rules of the road, and the that would apply to other vehicles, and Association of Pedestrian and Bicycle WRONG WAY sign can provide because the minimum sign size would Professionals supporting the changes, important additional information to be too small. stating that the modifications and bicyclists. The FHWA adopts the Additionally, the FHWA changes the redesign of the R13–17 sign and the changes as proposed in the NPA, with title of Table 9B–1 from ‘‘Sign Sizes for supplemental plaques will help reduce a minor editorial change, as suggested in Shared-Use Paths’’ to ‘‘Minimum Sign motorist confusion and HOV lane a comment from the City of New York, Sizes for Bicycle Facilities’’ and conflicts. to clarify that the RIDE WITH TRAFFIC separates the column headed The Illinois DOT opposed the (R9–3c) sign is actually a plaque, ‘‘Minimum Sign Size’’ into two sub elimination of the existing R3–17a, because it cannot be installed alone. columns headed ‘‘Shared-Use Path’’ and however the NCUTCD recommended 340. In Section 9B.08 No Bicycles ‘‘Roadway,’’ to better distinguish removal of the sign, stating that it was Sign (R5–6) (titled ‘‘Bicycle Prohibition confusing to road users. Several citizens Sign (R5–6)’’ in the NPA), the FHWA between the applications of signs on and local highway agencies sent letters changes the sign name to be consistent paths and roadways and to be consistent supporting changes to Figure 9B–2 that with changes in Section 2B.31 SLOWER with sign sizes used on roadways as include the new R3–17 BIKE LANE TRAFFIC KEEP RIGHT. The FHWA described in Part 2. The FHWA also sign. The Association of Pedestrian and believes that this minor change is revises Table 9B–1 by adding additional Bicycle Professionals, a traffic needed to maintain consistency with signs to reflect changes elsewhere in engineering consultant, and a private other sections of the MUTCD. Part 9. There were several comments citizen expressed confusion between the 341. In Section 9B.09 No Parking Bike from the NCUTCD, local highway text in this section and that in Section Lane Signs (R7–9, R7–9a) (referred to as agencies, associations representing 9C.04 Markings for Bicycle Lanes Section 9B.08 No Parking Bicycle Lane bicyclists, and private citizens in regarding the use of bike lane signs in Signs (R7–9, R7–9a) in the 2000 support of these changes. The FHWA conjunction with a striped bike lane. As MUTCD), the FHWA changes the title received two editorial comments a result, the FHWA modifies text in and the first STANDARD statement to regarding the size of the R1–2 YIELD Section 9C.04 to remove the accurately reflect the name of the sign. sign, and incorporates those changes in discrepancy between these sections. Two commenters representing the this final rule. 338. In Section 9B.05 BEGIN RIGHT NCUTCD and the City of Tucson, 336. In Section 9B.03 STOP and TURN LANE YIELD TO BIKES Sign Arizona, expressed agreement with the YIELD Signs (R1–1, R1–2), the FHWA (R4–4), The FHWA received one changes in this section. One commenter modifies the first GUIDANCE statement comment from the NCUTCD supporting from New York City expressed concerns so that it applies to the installation of the minor changes to this section. that the R7–9 and R7–9a signs have both STOP and YIELD signs, and not Additionally, to respond to a comment limited use in a dense urban area exclusively to STOP signs. The FHWA from a private citizen suggesting because most bike lanes are along includes additional editorial changes in clarification on the use of this sign, the roadways where parking is allowed at this final rule based on comments FHWA adds a GUIDANCE statement to the curb. While localities are seeking received requesting that the term the end of the section to clarify that the signs to prohibit parking in the bike ‘‘bicyclists’’ be changed to ‘‘path users’’ R4–4 sign should not be used when lanes, R7–9 and R7–9a do not work in and ‘‘drivers’’ be changed to ‘‘road bicyclists need to move left because of these instances. The use of R7–9a could users.’’ These editorial changes provide a right-turn lane drop situation. The be confusing to use if curbside parking for consistent terminology throughout FHWA believes that this GUIDANCE is allowed. With the change in the bike the MUTCD. Several commenters were statement is necessary for clarity and for lane sign, now R3–17, it further in favor of the overall changes to this safety, to reinforce that when there is a complicates the agency’s ability to section. right-turn lane drop, it is the bicyclists regulate parking in bike lanes. The 337. In Section 9B.04, the FHWA who should yield to motor vehicle FHWA determines that the R7–9 and changes the title from ‘‘Bicycle Lane traffic when moving to the left, thus the R7–9a signs are not appropriate if Signs (R3–16, R3–17)’’ to ‘‘Bicycle Lane R4–4 sign should not be used in those curbside parking is allowed. If a bike Signs (R3–17, R3–17a, R3–17b)’’ to situations. lane exists where curbside parking is reflect the changes to the Bicycle Lane 339. The FHWA adds a new section allowed, pavement markings will have Signs. following Section 9B.05 BEGIN RIGHT to be used to communicate which

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portion of the pavement is for parking the section, and two comments from markings is being moved from Section and which portion of the pavement is traffic engineering consultants 9C.03 Marking Patterns and Colors on for bike use. In the NPA, the FHWA suggesting additional changes. The Shared-Use Paths to Section 9C.02 proposed removing the R3–17a sign that commenters stated that the sign has because this text is applicable to all was available for this purpose. The other uses besides warning of a crossing. bicycle facilities, not just shared-use NCUTCD recommended removing the The FHWA agrees that this clarifies the paths, and is more appropriate in this R3–17a sign because the sign is even use of these signs and changes the title section than Section 9C.03. The FHWA more confusing to road users. The of the section as well as the sign name received two comments from NCUTCD FHWA adopts the changes as proposed and deletes the word ‘‘Crossing.’’ and the City of Tucson, Arizona, in in the NPA 346. In Section 9B.18 Other Bicycle support of this change. One traffic 342. In Section 9B.10 Bicycle Warning Signs, the FHWA received engineering consultant stated that the Regulatory Signs (R9–5, R9–6, R10–3) three comments suggesting that the portion of the second GUIDANCE (titled Bicycle Regulatory Signs (R9–5, Narrow Bridge symbol sign be kept in statement that refers to selecting R9–6) in the NPA), the FHWA removes the MUTCD. (See the discussion pavement marking materials that the first paragraph of the OPTION regarding Part 2 where FHWA minimize the loss of traction for statement, and includes the R10–3 sign eliminates the Narrow Bridge symbol bicycles under wet conditions should be in the section title. Two commenters sign.) Accordingly, the FHWA adopts a STANDARD. The FHWA disagrees representing the NCUTCD and the City the changes to this section as proposed and believes GUIDANCE is strong of Tucson, Arizona, expressed in the NPA. enough for this sentence because the agreement with the minor changes in 347. In Section 9B.19 Bicycle Route traction characteristics of marking this section. The FHWA also received Guide Signs (D11–1), the FHWA materials are not always known. The one comment from a private citizen received several comments from the FHWA adopts this section, with minor suggesting that the first sentence of the NCUTCD and private citizens editorial changes to Figure 9C–4. OPTION statement (as proposed in the supporting the figures and GUIDANCE 351. In Section 9C.03 Marking NPA) was not necessary, and could be changes as proposed in the NPA. Patterns and Colors on Shared-Use potentially confusing when taken in Several commenters suggested editorial Paths, the FHWA moves the context with the three paragraphs that changes to the figures, which the FHWA STANDARD statement to Section 9C.02 follow it. The FHWA agrees and incorporates in this final rule. One General Principles because this text is removes that sentence in this final rule. traffic engineering consultant suggested applicable to all bicycle facilities, not The FHWA also adds the R10–3 sign to further revisions to clarify the use of just shared-use paths and is more the title because the sign’s use is stop and yield signs on paths in appropriate in that section than Section described in this section. conjunction with crosswalk markings. 9C.03. Two commenters from NCUTCD 343. The FHWA adds a new section The FHWA believes that this suggestion and the City of Tucson, Arizona, were following existing Section 9B.10 (new goes beyond the scope of this in general support of the changes made Section 9B.11) Shared-Use Path rulemaking and would need to be to this section. Restriction Sign (R9–7). The new addressed in a future rulemaking. Additionally, the FHWA removes the section is numbered and titled ‘‘Section 348. In Section 9B.20 Bicycle Route SUPPORT statement because it 9B.12 Bicycle Signal Actuation Sign Signs (M1–8, M1–9) (titled Bicycle discourages the use of centerlines. There (R10–22)’’ and provides a new sign Route Markers in the NPA), the FHWA were no specific comments regarding giving information to bicyclists on how changes ‘‘drivers’’ to ‘‘motorists’’ in this change. to best situate themselves within the response to an editorial comment. The The FHWA adds to the GUIDANCE proposed new Bicycle Detector FHWA received three comments from statement additional information on the pavement marking symbol so that they private citizens stating that the bike marking of obstructions in a path. can actuate the traffic signal. The route signs shown in the MUTCD need The FHWA moves to the OPTION remaining sections are renumbered improvement to meet the needs of statement the second item of the accordingly. Fifteen commenters, bicyclists who commute in an urban OPTION statement currently in Section representing the NCUTCD, State and environment, and to clearly show 9C.05 Bicycle Detector Symbol because local highway agencies, as well as compass directions and route letter, symbol, and arrow sizes to be private citizens, supported the new designations. This suggestion goes used on shared-use paths represent section. The FHWA adopts the changes beyond the scope of this rulemaking. markings rather than markers. The as proposed in the NPA. The FHWA adopts the text as described FHWA received comments in support of 344. In Section 9B.16 (formerly in the NPA. this change, thus the FHWA adopts this Section 9B.14) Bicycle Surface 349. In Section 9C.01 Functions of change as proposed in the NPA. Condition Warning Sign (W8–10), the Markings, the FHWA modifies the Finally, the FHWA moves the FHWA revises the first OPTION SUPPORT statement to remove the first contents of existing Section 9C.06 in its statement to clarify that BUMP, DIP, sentence because it only refers to entirety to Section 9C.03 because this PAVEMENT ENDS, and any other word roadways with a designated bicycle lane information is more applicable in message signs are not supplemental and is not broad enough to describe Section 9C.03 as it clarifies the design plaques used with the W8–10 sign, but markings used for all types of bicycle and placement of marking patterns and are instead standard signs to be used facilities. There were two comments object markers on shared-use paths. independently. The NCUTCD supported from NCUTCD and the City of Tucson, Several commenters supported this this change. The FHWA adopts the Arizona, supporting this change. change. changes as proposed in the NPA. 350. In Section 9C.02 General 352. In Section 9C.04 Markings For 345. In Section 9B.17 Bicycle Warning Principles, the FHWA adds a new Bicycle Lanes, the FHWA revises the Sign (W11–1) (referred to as Section STANDARD statement after the second first sentence of the STANDARD 9B.17 Bicycle Crossing Warning Sign GUIDANCE statement. This new statement to remove the specific (W11–1) in the NPA), the FHWA STANDARD statement referring to the distance of ‘‘not closer than 20 m (65 ft) received one comment from the colors, widths of lines, and patterns of from the crossroad’’ from the NCUTCD in support of the changes to lines, and symbols used for bicycle requirement for placing bicycle lane

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symbols, to provide jurisdictions with private citizen suggested that the FHWA additional text be added regarding the additional flexibility. The FHWA include a figure to illustrate the intent optimum location for placement of received three comments from the City of the text. Such a figure would require detectors. The FHWA believes that of Tucson, Arizona, Caltrans, and the discussion and comment, thus it is more detector placement is within the Association of Pedestrian and Bicycle appropriate for a future rulemaking. The discretion of the agencies. Professionals in general agreement with Association of Pedestrian and Bicycle 355. In Section 9C.06 Pavement changes to this section. Professionals suggested that the Markings for Obstructions, the FHWA Additionally, the FHWA adds a new GUIDANCE be changed to a received one comment from the item to the STANDARD statement STANDARD. The FHWA believes this NCUTCD supporting the minor changes prohibiting the placement of bicycle should be addressed in a future to this section and to Figure 9C–8. The lanes to the right of a right turn only rulemaking. FHWA also received two comments lane. The FHWA received nineteen The FHWA also adds a GUIDANCE from private citizens who suggested that comments from the NCUTCD, State and statement and a SUPPORT statement to the entire text of this section and Figure local agencies, as well as from private provide guidance on not using posts or 9C–8 be removed from the MUTCD citizens, in support of this new raised pavement markers to separate because they believe it could be used by statement. One private citizen suggested bicycle lanes from adjacent travel lanes some jurisdictions to justify not fixing that this statement be broadened to also because they can hinder maintenance of serious road defects. The FHWA restrict bike lanes from being positioned the bicycle lane and prevent proper disagrees and adopts this section and to the left of a left turn only lane. This vehicle merging. While a private citizen figure in the MUTCD; however, the goes beyond the scope of this and a traffic engineering consultant FHWA revises the GUIDANCE as rulemaking and would need to be supported the changes as proposed in follows: ‘‘In roadway situations where it addressed in a future rulemaking. the NPA, several commenters is not practical to eliminate a drain grate The FHWA also adds a new item to representing the NCUTCD, the Arizona or other roadway obstruction that is the STANDARD statement prohibiting DOT, the City of Downers Grove, inappropriate for bicycle travel’’ the placement of bicycle lanes in the Illinois, and the League of American because it may not always be practical circular roadway of a roundabout Bicyclists, requested that ‘‘curbs or to fix the defect. intersection because such markings other physical barriers within the 356. In Section 9D.02 Signal have been found to cause a false sense traveled way’’ be included as devices Operations for Bicycles, the FHWA of security for bicyclists traveling that should not be used to separate revises the STANDARD statement to through the roundabout with conflicting bicycle lanes from adjacent travel lanes. require that signal timing and actuation and turning traffic. This change is The SUPPORT item following this be reviewed and adjusted to consider consistent with the state of the practice GUIDANCE addresses this issue in part. the needs of bicyclists instead of simply for roundabout intersection design and The additional text proposed by the requiring the consideration of bicyclists’ is consistent with changes to Section commenters goes beyond the scope of needs when timing signals. Many 3B.24 Markings for Roundabout this rulemaking. The FHWA received commenters were in support of this Intersections. The FHWA received comments in agreement with the change, and several requested that seventeen comments from the NCUTCD, proposed SUPPORT statement, as well bicycle detectors be used on all State and local highway agencies, and as requests for revising the language to roadways where bicycle travel is private citizens in support of this reorder the text to prioritize the permitted. The FHWA doesn’t believe it change. The Oregon DOT agreed with potential concerns regarding raised is necessary to require bicycle detectors the principle of discouraging the use of devices and bicycle lanes. The FHWA be placed on all roadways where bicycle bicycle lanes in roundabouts, but agrees and adopts the changes with travel is permitted, but may address this suggested that the statement be a minor revisions. issue in a future rulemaking. GUIDANCE, rather than a STANDARD, 353. The FHWA removes Section because it is difficult to foresee all 9C.05 Word Messages and Symbols Discussion of Adopted Amendments to possible circumstances. Given the Applied to the Pavement and Section Part 10—Traffic Controls for Highway- strong support for the STANDARD 9C.06 Object Markers on Shared-Use Light Rail Transit Grade Crossings statement, the FHWA adopts the Paths, in their entirety. The FHWA 357. In Section 10A.01 Introduction, language as a STANDARD. incorporates the information from these the FHWA adds a SUPPORT statement The FHWA adds a new paragraph to sections into Section 9C.03 Marking at the end of the section to reference the SUPPORT statement indicating that Patterns and Colors on Shared-Use Section 8A.01 Introduction for the a bicyclist continuing straight through Paths, as this more properly locates the definitions applicable to Part 10. There an intersection from the right of a right information. The FHWA renumbers the were no comments on this change and turn lane would be inconsistent with remainder of the sections accordingly. the FHWA adopts it. normal traffic behavior and would 354. The FHWA adds a new Section 358. In Section 10A.03 Uniform violate the expectation of right-turning 9C.05 Bicycle Detector Symbol, Provisions, the FHWA changes the motorists. The FHWA received one containing an OPTION statement that STANDARD statement to indicate that comment from the NCUTCD in support defines a standard symbol for the no sign or signal shall be located in the of this change. marking of detector locations for traffic center of an undivided highway, except The FHWA adds a new GUIDANCE signals actuated by bicyclists. This in a ‘‘raised island’’. This change is statement to establish guidance for symbol marking is shown in a new necessary to be consistent with changes bicycle lane markings at locations where figure numbered and titled ‘‘Figure 9C– as discussed in Section 8A.03 Uniform a right through lane becomes an 7 Example of Bicycle Detector Pavement Provisions. exclusive right turn lane and at Marking.’’ The FHWA received sixteen Additionally, the FHWA adds a locations where there is a shared comments from the NCUTCD, State and GUIDANCE statement at the end of the through and right turn lane next to a local DOTs and private citizens section to reinforce that where the right turn only lane. Commenters were supporting the material in this new distance between tracks exceeds 30 m generally in agreement with this text; section. Three commenters from (100 ft), additional signs or other however, the Wisconsin DOT and a Caltrans and private citizens suggested appropriate traffic control devices

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should be used. There were no ‘‘Purpose’’ to more accurately reflect the streets. This change is necessary for comments on this change and the contents of the section and corrects the consistency with changes as discussed FHWA adopts it. text in the STANDARD statement to in Section 8B.02. 359. In Section 10A.04 Highway-Light properly indicate that the design and The FHWA renumbers all remaining Rail Transit Grade Crossing Elimination, location of signs shall conform to all of sections accordingly. the FHWA removes language from the Part 2. The FHWA received one 363. In Section 10C.04 STOP (R1–1) second GUIDANCE statement and adds comment in support of the changes, and or YIELD (R1–2) Signs at Highway-Light it to the STANDARD statement that if adopts these changes. Rail Transit Grade Crossings, (numbered the existing traffic control devices at a 362. The FHWA adds a new section and titled Section 10C.03 STOP or multiple-track highway-light rail transit numbered and titled ‘‘Section 10C.02 YIELD Signs (R1–1, R1–2, W3–1a, W3– grade crossing become improperly Highway-Rail Grade Crossing 2a) in the 2000 MUTCD), the FHWA placed or inaccurate because of the (Crossbuck) Sign (R15–1) and Number renumbers and retitles the section to removal of some of the tracks, the of Tracks Sign (R15–2) (titled more accurately reflect the content of existing traffic control devices shall be ‘‘Highway-Rail Grade Crossing the section. relocated and/or modified. The FHWA (Crossbuck) Signs (R15–1, R15–2, and The FHWA modifies the last sentence also adds to the second GUIDANCE R15–9) in the NPA), which provides of the STANDARD statement to require statement that when a roadway is information on the use of Crossbuck agencies to install Stop Ahead (W3–1) removed from a highway-light rail signs at highway-light rail grade and Yield Ahead (W3–2) Advance transit grade crossing, appropriate signs crossings. In the NPA, the FHWA Warning Signs when the criteria listed should be placed at the end of roadway proposed that this section be identical in Section 2C.29 Advance Traffic and other appropriate locations to alert to Section 8B.02 (as proposed in the Control Signs, is met. road users that the road no longer NPA) because the use of Crossbuck The FHWA adds to the list of crosses the light rail transit tracks. There signs and the proposed optional characteristics in the GUIDANCE were two comments supporting these Crossbuck Shield signs are applicable to statement to clarify when STOP or proposed changes. The FHWA adopts both highway-light rail transit and YIELD signs may be used at highway- these changes. highway-rail grade crossings and it is light rail transit grade crossings. The The FHWA adds to the OPTION important to have this information in FHWA adds characteristics such as statement at the end of the section so both parts of the MUTCD. The FHWA traffic volume, light rail train speed, and that it is identical to the last OPTION received five comments from the the need to sound an audible signal as statement in Section 8A.04 Highway- NCUTCD and members of the Railroad- well as the location of light rail tracks Rail Grade Crossing Elimination, and Light Rail Transit Technical Committee in relation to the line of cars waiting to incorporates the same revisions in this opposed to this section, stating that the cross. The FHWA received one section. Accordingly, the FHWA adds to use of these Crossbuck signs in mixed- comment from the City of Tucson, the OPTION statement to indicate that, use alignments where light rail transit Arizona, in support of these changes, based on engineering judgment, the operates in streets in urban areas is and eight comments from the NCUTCD TRACKS OUT OF SERVICE sign may be frequently impractical. The FHWA and members of the NCUTCD’s temporarily installed until the tracks are agrees, and clarifies the first Railroad-Light Rail Transit Technical removed or paved over. Also, agencies STANDARD statement to indicate that Committee opposed to using the light may consider the length of time that the the Crossbuck sign is mandatory for rail transit speed as one of the tracks will be out of service before they semiexclusive Light Rail Transit characteristics, suggesting that this item are removed or paved over in deciding alignments, and creates a new OPTION be deleted from the list. The reason whether to install the sign. statement following the second cited by those in opposition was that 360. In Section 10A.05 Temporary paragraph of the first STANDARD to train speed alone is not a factor in the Traffic Control Zones, the FHWA indicate that use of the Crossbuck sign decision to install STOP or YIELD signs combines the two separate STANDARD is optional for mixed-use alignments, at light rail transit crossings, provided statements into one STANDARD either alone or in combination with the other conditions listed exist. The statement at the beginning of the other traffic control devices. FHWA disagrees with deleting this item section. The FHWA received one In the NPA, the FHWA proposed to at this time because FHWA believes comment in support of this change, and add an OPTION statement for the research or documentation would be adopts this change. optional use of a new Crossbuck Shield needed to justify not considering light The FHWA received one comment sign. See the discussion regarding the rail transit speed. The FHWA adopts from a private citizen suggesting that a removal of all text and graphic these changes as proposed in the NPA. new paragraph be added to the end of references to the Crossbuck Shield sign 364. In Section 10C.05 DO NOT STOP the GUIDANCE statement to mirror the in Section 8B.02. Accordingly, the ON TRACKS Sign (R8–8) (numbered GUIDANCE in Section 8A.05 that the FHWA withdraws all text and graphic Section 10C.04 in the 2000 MUTCD), width, grade, alignment, and riding references to the Crossbuck Shield sign the FHWA adds to the OPTION quality of the highway surface at a light in Section 10C.02. statement to clarify that DO NOT STOP rail transit crossing should, at a The FHWA revises the third ON TRACKS (R8–8) signs may be minimum, be restored to correspond STANDARD statement to require the placed on both sides of the track, to with the quality of the approaches to the placement of retroreflective white enhance visibility of the signs for road highway-light rail transit grade crossing. material on the front and back of the users. The FHWA received two The FHWA agrees with the comment supports for highway-light rail transit comments in support of this change and and adds this language because this is grade crossing Crossbuck signs to within adopts this change. necessary for consistency with Part 8 of 0.6 m (2 ft) above the edge of the 365. The FHWA adds a new section the MUTCD and would make the roadway, except on the side of those numbered and titled ‘‘Section 10C.06 temporary light rail crossing as safe as supports where a STOP or YIELD sign TRACKS OUT OF SERVICE Sign (R8– the existing conditions. or flashing lights have been installed, or 9)’’ describing the use of the TRACKS 361. In Section 10C.01, the FHWA on the back side of supports for OUT OF SERVICE (R8–9) sign at changes the title from ‘‘Introduction’’ to Crossbuck signs installed on one-way highway-light rail transit grade

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crossings. While this section is identical the center of the R3–1a and R3–2a signs signs is applicable to both highway-light to Section 8B.09 TRACKS OUT OF and to call these signs R3–1 and R3–2, rail transit and highway-rail grade SERVICE, the use of the TRACKS OUT because they would become identical to crossings and the FHWA believes that it OF SERVICE (R8–9) sign is applicable to the turn prohibition signs in Chapter 2B. is important to have consistency in the both highway-light rail transit and See the discussion in Section 8B.06 as use of these signs so this information is highway-rail grade crossings so the it applies to this section as well. included in both parts of the MUTCD. FHWA believes that it is important to 369. The FHWA adds a new section Several members of the NCUTCD have this information in both parts of numbered and titled ‘‘Section 10C.10 Railroad and Light Rail Transit the MUTCD. The FHWA received one EXEMPT Highway-Rail Grade Crossing Committee suggested that the title and comment from the Ohio DOT in general Signs (R15–3, W10–1a)’’ describing the text within the section should be support of this new section, and adopts use of the supplemental EXEMPT ‘‘highway-rail,’’ rather than ‘‘highway- this new section in this final rule. The Highway-Rail Grade Crossing (R15–3, light rail transit’’ in several cases FHWA renumbers the remaining W10–1a) signs at highway-light rail because this sign is not exclusive to sections accordingly. transit grade crossings. While this light rail transit and this sign section 366. In Section 10C.07 STOP HERE section is identical to Section 8B.05 should be identical to Section 8B.03 ON RED Sign (R10–6) (numbered EXEMPT Highway-Rail Grade Crossing Highway-Rail Grade Crossing 10C.05 in the 2000 MUTCD), the FHWA Signs (R15–3, W10–1a), the use of these (Crossbuck) Sign (R15–1) and Number clarifies this section to indicate that the supplemental signs is applicable to both of Tracks Sign (R15–2). The FHWA STOP HERE ON RED sign be restricted highway-light rail transit and highway- agrees and revises the section title and to just those crossings where traffic rail grade crossings, and the FHWA appropriate text accordingly in this final control signals are used to control believes that it is important to have this rule. traffic, and not used at locations with information in both parts of the In addition, many commenters flashing-light signals to be consistent MUTCD. The FHWA received one suggested deleting item A of the first with changes as discussed in Section comment in support of this new section STANDARD regarding T-intersections, 8B.10 STOP HERE WHEN FLASHING and several comments from members of stating that the wording is repeated in Sign (R10–8). the NCUTCD Railroad and Light Rail the first paragraph of the second 367. The FHWA adds a new section Transit Committee recommending STANDARD statement. See the numbered and titled ‘‘Section 10C.08 deleting this section and the associated discussion of this issue under Section STOP HERE WHEN FLASHING Sign sign, stating that this sign is not 8B.04 Highway-Rail Grade Crossing (R8–10)’’ describing the use of the STOP applicable to light rail transit situations. Advance Warning Signs (W10 Series). HERE WHEN FLASHING (R8–10) sign The FHWA adopts this section because For these reasons, the FHWA adopts at highway-light rail transit grade there are cases where this sign may be item A. crossings. While this section is identical appropriate. The FHWA adds to the The FHWA received two comments to Section 8B.10 STOP HERE WHEN OPTION statement that where neither from a railroad operator and a private FLASHING, the use of the STOP HERE the Crossbuck nor Advance Warning citizen suggesting changes to item C of WHEN FLASHING (R8–10) sign is sign exist for a particular crossing, an the first STANDARD statement to applicable to both highway-light rail EXEMPT (R15–3) sign with a white change ‘‘where active light rail transit transit and highway-rail grade crossings background may be placed on its own grade crossing traffic controls are in so the FHWA believes that it is post on the near right side of the use’’ to ‘‘controlled with traffic signals important to have this information in approach to the crossing. The FHWA or stop signs.’’ The FHWA disagrees both parts of the MUTCD. The FHWA renumbers the remaining sections with the suggested change because it is renumbers the remaining sections accordingly. necessary for this item to correspond to accordingly. 370. In Section 10C.13 Light Rail the text in Part 8. This may be a topic 368. In Section 10C.09 Light Rail Transit Only Lane Signs (R15–4 Series) for a future rulemaking to consider Transit-Activated Blank-Out Turn (numbered Section 10C.09 in the 2000 changing the text in both parts. The Prohibition Signs (R3–1a, R3–2a) MUTCD), the FHWA titles the figure FHWA adopts item C as proposed in the (numbered Section 10C.06 in the 2000 illustrating regulatory sign panels as NPA. MUTCD), the FHWA adds a ‘‘Figure 10C–2 Regulatory Signs’’ and The FHWA also titles the figure STANDARD statement at the end of the adds to and revises the signs illustrated illustrating predominantly warning sign section. This STANDARD statement is in the figure, to be consistent with panels as ‘‘Figure 10C–3 Warning Signs identical to the STANDARD statement Section 2B.26 Preferential Only Lane and Light Rail Station Sign’’ and adds in Section 8B.06 Turn Restrictions Signs, and to reflect changes elsewhere to and revises the signs illustrated in the During Preemption and reinforces that in Part 10. The FHWA received one figure, to reflect changes elsewhere in at both highway-rail and highway-light comment from the City of Tucson, Part 10. rail transit grade crossings turn Arizona, in support of the changes to 372. The FHWA adds a new section prohibition signs that are associated this section and two editorial numbered and titled ‘‘Section 10C.16 with preemption shall be visible only comments, which the FHWA adopts in Low Ground Clearance Highway-Rail when the grade crossing restriction is in this final rule. Grade Crossing Sign (W10–5)’’ which effect in order not to cause confusion to 371. In Section 10C.15 Highway-Rail describes the use of the Low Ground road users. The FHWA received one Grade Crossing Advance Warning Signs Clearance (W10–5) sign at highway-light comment from the City of Tucson, (W10 Series) (numbered Section 10C.11 rail transit grade crossings. In the NPA, Arizona, in support of the changes to in the 2000 MUTCD), the FHWA revises the FHWA proposed that the title of the this section. the entire section by replacing it with section and name of the sign be ‘‘Low In concert with comments regarding the STANDARD, OPTION, and Ground Clearance Highway-Light Rail Section 8B.06, the FHWA received GUIDANCE statements also contained Transit Grade Crossing Sign,’’ however several comments from members of the in Section 8B.04 Highway-Rail Grade the FHWA received four comments NCUTCD Railroad and Light Rail Crossing Advance Warning Signs, suggesting that ‘‘light’’ and ‘‘transit’’ be Transit Committee recommending including the revisions as described in deleted because low-ground clearance deleting the track image that appears in Part 8. The use of advance warning signs can be used for grade-crossings

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generally, not just light-rail operations. Emergency Notification (I–13 or I–13a) and illustrates the use of R X R and The FHWA agrees and changes the signs at highway-light rail transit grade associated pavement markings at section title and sign name in this final crossings. This section essentially highway-light rail transit grade rule. contains similar information as is crossings. These figures were numbered In the NPA, the FHWA proposed to contained in Section 8B.12 Emergency Figures 10C–10 and 10C–11 in the NPA. include the same STANDARD, Notification Sign, and the FHWA While these figures are identical to GUIDANCE, OPTION, and SUPPORT believes that it is important to have this Figures 8B–6 and 8B–7, respectively, it statements in this section regarding the information in both parts of the is important that the warning signs and use of this sign as was contained in MUTCD. The FHWA received several pavement markings at highway-light rail Section 8B.17 Low Ground Clearance comments from members of the transit and highway-rail grade crossings Highway-Rail Grade Crossing Sign. The NCUTCD Railroad and Light Rail are consistent so the FHWA believes FHWA believes that this is redundant, Transit Committee recommending the that it is important to have this and instead includes a SUPPORT FHWA delete this section because these information in both parts of the statement in this final rule that signs are not applicable in Part 10, MUTCD. references Section 8B.17 for additional especially in urban or downtown areas 377. The FHWA adds a new section information regarding the use of the where calls to emergency would be 911. numbered and titled ‘‘Section 10C.24 W10–5 sign. The FHWA renumbers the The FHWA adopts this section because Stop Lines’’ which describes the use of remaining sections accordingly. not all light rail transit lines run only in stop lines at highway-light rail transit 373. The FHWA adds a new section downtown areas and there may be some grade crossings. The FHWA received numbered and titled ‘‘Section 10C.18, jurisdictions that may want to use this one comment from the Ohio DOT Storage Space Signs (W10–11, W10–11a, sign. The FHWA revises the text to suggesting that the FHWA cross- W10–11b)’’ which describes the use of clarify that the intent is to place reference Section 8B.21 Stop Lines, Storage Space (W10–11) signs at Emergency Notification signs on rather than include the full text. The highway-light rail transit grade highway-light rail transit grade crossing FHWA agrees and deletes the crossings. In the NPA, the FHWA on semiexclusive alignments, and the GUIDANCE statement as proposed in proposed including a copy of the full FHWA deletes the sentence from the the NPA and adds a SUPPORT text from Section 8B.17 Low Ground GUIDANCE that states that these signs statement indicating that information Clearance Highway-Rail Grade Crossing are typically located on the transit right- regarding the use of stop lines at grade Sign in this new section. The FHWA of-way. The FHWA renumbers the crossings is contained in Section 8B.21. received one comment from the Ohio remaining sections accordingly. The FHWA renumbers the remaining DOT suggesting that the FHWA cross- 376. The FHWA adds a new section sections accordingly. reference Section 8B.18 Storage Space numbered and titled ‘‘Section 10C.23 378. In Section 10C.25 Dynamic Signs, rather than include the full text. Pavement Markings’’ which describes Envelope Markings (numbered and The FHWA agrees and deletes the the use of pavement markings at titled ‘‘Section 10C.15 Dynamic second paragraph of the GUIDANCE highway-light rail transit grade Envelope Delineation Markings’’ in the statement and the OPTION statements crossings. While this section is identical 2000 MUTCD), the FHWA retitles the as proposed in the NPA, and adds a to Section 8B.20 Pavement Markings, it section to clarify that the text refers to SUPPORT statement indicating that is important that the use of pavement pavement markings. information regarding the use of the markings at highway-light rail transit Additionally, the FHWA modifies the W10–11, W10–11a, and W10–11b signs and highway-rail grade crossings is STANDARD statement to clarify that, if is contained in Section 8B.18 in this consistent so the FHWA believes that it used, the pavement marking used to final rule. is important to have this information in delineate the dynamic envelope shall be 374. The FHWA adds a new section both parts of the MUTCD. The FHWA a normal solid white line, contrasting numbered and titled ‘‘Section 10C.19 received several comments from the pavement color, and/or contrasting Skewed Crossing Sign (W10–12)’’ which Ohio DOT suggesting that information pavement texture. This STANDARD is describes the use of Skewed Crossing from Part 8 be cross-referenced, rather identical to that in Section 8B.22 (W10–12) sign at highway-light rail than repeating the information in Part Dynamic Envelope Markings. The transit grade crossings. In the NPA, the 10. The FHWA includes the full text FHWA received several editorial FHWA proposed to include a copy of because there are some differences in comments regarding changes to this the full text from Section 8B.19 Skewed the figures between the two parts. section and figures and incorporates the Crossing Sign in this new section. The Additionally, to be consistent with applicable comments in this final rule. FHWA received two comments from the changes made to Part 3, the FHWA 379. In Section 10D.01 Introduction, NCUTCD and the New Jersey DOT in revises the second paragraph of the the FHWA removes the STANDARD support of the new section. The Ohio STANDARD statement to clarify that a statement because the information is DOT suggested that the FHWA cross- no-passing marking on two-lane already properly contained in Section reference Section 8B.19, rather than highways is needed only in locations 10A.01 Introduction. include the full text. The FHWA agrees where centerline markings are used. The Additionally, in the NPA, the FHWA and deletes the GUIDANCE and FHWA also adds two new figures. The proposed to add to the OPTION STANDARD statements as proposed in first figure is numbered and titled statement that In-Roadway Stop Line the NPA and adds a SUPPORT ‘‘Figure 10C–5 Example of Placement of Lights and In-Roadway Warning Lights statement indicating that information Warning Signs and Pavement Markings may be installed at highway-light rail regarding the use of the W10–12 sign is at Highway-Light Rail Transit Grade transit grade crossings that are contained in Section 8B.19. The FHWA Crossings’’ and illustrates the placement controlled by active grade crossing renumbers the remaining sections of warning signs and pavement warning systems. The FHWA received accordingly. markings at highway-light rail transit ten comments from the NCUTCD, 375. The FHWA adds a new section grade crossings. The second new figure members of the NCUTCD Railroad and numbered and titled ‘‘Section 10C.21 is numbered and titled ‘‘Figure 10C–6 Light Rail Transit Committee, State Emergency Notification Sign (I–13 or I– Examples of Highway-Light Rail Transit DOTs and railroad associations opposed 13a)’’ which describes the use of Grade Crossing Pavement Markings’’ to allowing the use of In-Roadway

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Lights for this application, stating that text in Section 8D.05, the FHWA revises safety. The standards, guidance, and there has not been enough research the third and fourth paragraphs of the support are also used to create regarding the effectiveness of In- GUIDANCE statement to include uniformity and to enhance safety and Roadway Lights. The FHWA agrees and coordination with the affected transit mobility at little additional expense to withdraws this paragraph in this final agency when determining the operating public agencies or the motoring public. rule. mode of exit gates and the Exit Gate Therefore, a full regulatory evaluation is 380. In Section 10D.02 Flashing Light Clearance Time. not required. Signals (numbered Section 10D.04 in 383. In Section 10D.08 Pedestrian and Regulatory Flexibility Act the 2000 MUTCD), the FHWA moves Bicycle Signals and Crossings, the this entire section to follow Section FHWA changes the first OPTION In compliance with the Regulatory 10D.01 Introduction so that content statement (in the 2000 MUTCD) to a Flexibility Act (Pub. L. 96–354, 5 U.S.C. contained in Sections 10D.01 and GUIDANCE statement to emphasize that 60 l–612) the FHWA has evaluated the 10D.02 appears in the same order as it if an engineering study shows that effects of this action on small entities. appears in Part 8. The FHWA received flashing-light signals alone would not This final rule adds some alternative one comment from the City of Tucson, provide sufficient notice of an traffic control devices and only a very Arizona, in support of this change and approaching light rail transit vehicle, limited number of new or changed adopts this change. the LOOK (R15–8) sign and/or requirements. Most of the changes are 381. In Section 10D.03 Automatic pedestrian gates should be considered. expanded guidance and clarification Gates, the FHWA changes the last The FHWA received several comments information. The FHWA hereby certifies SUPPORT statement to an OPTION from members of the NCUTCD Railroad that this action will not have a statement to be consistent with the same and Light Rail Transit Committee significant economic impact on a language contained in Section 8D.04 recommending that the FHWA keep this substantial number of small entities. Automatic Gates, on how the paragraph an OPTION because Unfunded Mandates Reform Act of 1995 effectiveness of gates may be enhanced pedestrian gates are too easily This rule does not impose unfunded by the use of channelizing devices or circumvented and their effectiveness mandates as defined by the Unfunded raised median islands to discourage has never been adequately Mandates Reform Act of 1995 (Pub. L. driving around lowered automatic gates. demonstrated. The FHWA changes the 104–4, March 22, 1995, 109 Stat. 48). The FHWA received one comment from text to a GUIDANCE in this final rule The revisions directed by this action can the City of Tucson, Arizona, in support because if an engineering study has be phased in by the States over specified of this change and adopts this change. determined that flashing-light signals time periods in order to minimize 382. In Section 10D.04 Four-Quadrant are not enough, then the additional hardship. The changes made to traffic Gate Systems (numbered Section 10D.02 measures should be recommended for control devices that would require an in the 2000 MUTCD), the FHWA moves consideration, not just permitted. this entire section to follow Section expenditure of funds all have future 10D.03 LOOK Sign (R15–8) so that Discussion of Adopted Amendments to effective dates sufficiently long to allow content contained in this section Appendix A1—Congressional normal maintenance funds to replace appears in the same order as it appears Legislation the devices at the end of the material in Section 8D.05 Four-Quadrant Gate 384. In Appendix A1 Congressional life-cycle. To the extent the revisions Systems. Legislation, the FHWA adds Section 306 require expenditures by the State and The FHWA revises and adds to the Motorist Call Boxes to the listing of local governments on Federal-aid GUIDANCE statement information to pertinent sections of Public Law 104– projects, they are reimbursable. This describe the various operating modes of 59—Nov. 28, 1995 (National Highway rule does not impose a Federal mandate exit gates and how they should be used System Designation Act of 1995). This resulting in the expenditure by State, to be consistent with changes as section discusses the uses of motorist local, and tribal governments, in the discussed in Section 8D.05 Four- call boxes along the National Highway aggregate, or by the private sector, of Quadrant Gate Systems. System. No comments were received on $100 million or more in any one year (2 The same NCUTCD Committee also this addition and the FHWA adopts it as U.S.C. 1531 et seq.). suggested deleting the GUIDANCE proposed in the NPA. statement regarding placement of exit Executive Order 13132 (Federalism) gates to provide a safe zone because this Rulemaking Analyses and Notices This action has been analyzed in practice is seldom used. Because Four- accordance with the principles and Executive Order 12866 (Regulatory Quadrant Gates are a relatively new criteria contained in Executive Order Planning and Review) and U.S. DOT concept to grade crossings, the FHWA 13132, and the FHWA has determined Regulatory Policies and Procedures believes that if space is available, the that this action does not have a exit gates should be set back at least one The FHWA has determined that this substantial direct effect or sufficient design vehicle length from the nearest action is not a significant regulatory federalism implications on States and rail in order to reduce the chances of a action within the meaning of Executive local governments that would limit the vehicle becoming trapped on the tracks. Order 12866 or significant within the policymaking discretion of the States The FHWA adopts the changes as meaning of the U.S. Department of and local governments. Nothing in the proposed in the NPA. Transportation regulatory policies and MUTCD directly preempts any State law Additionally, the FHWA revises the procedures. The economic impact of or regulation. third paragraph of the STANDARD this rulemaking will be minimal. Most The MUTCD is incorporated by statement to accommodate constant of the changes in this final rule provide reference in 23 CFR part 655, subpart F. warning time or other advanced systems additional guidance, clarification, and These amendments are in keeping with to be consistent with changes as optional applications for traffic control the Secretary of Transportation’s discussed in Section 8D.05 Four- devices. The FHWA believes that the authority under 23 U.S.C. 109(d), 315, Quadrant Gate Systems. uniform application of traffic control and 402(a) to promulgate uniform Based on a comment received from a devices will greatly improve the traffic guidelines to promote the safe and railroad company regarding identical operations efficiency and roadway efficient use of the highway. The

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overriding safety benefits of the eliminate ambiguity, and to reduce Incorporation by reference, Signs, uniformity prescribed by the MUTCD burden. Traffic regulations. are shared by all of the State and local Executive Order 13045 (Protection of Issued on: November 7, 2003. governments, and changes made to this Children) Mary E. Peters, rule are directed at enhancing safety. To Federal Highway Administrator. the extent that these amendments The FHWA has analyzed this action override any existing State requirements under Executive Order 13045, ■ In consideration of the foregoing, the regarding traffic control devices, they do Protection of Children from FHWA amends title 23, Code of Federal so in the interest of national uniformity. Environmental Health Risks and Safety Regulations, part 655, subpart F as Risks. This is not an economically follows: Executive Order 13175 (Tribal significant action and does not concern Consultation) an environmental risk to health or safety PART 655—TRAFFIC OPERATIONS that may disproportionately affect The FHWA has analyzed this action ■ 1. The authority citation for part 655 children. under Executive Order 13175, dated continues to read as follows: November 6, 2000, and believes that it Executive Order 12630 (Taking of Authority: 23 U.S.C. 101(a), 104, 109(d), will not have substantial direct effects Private Property) 114(a), 217, 315, and 402(a); 23 CFR 1.32; on one or more Indian tribes; will not This action would not affect a taking and 49 CFR 1.48(b). impose substantial direct compliance of private property or otherwise have costs on Indian tribal governments; and taking implications under Executive Subpart F—Traffic Control Devices on will not preempt tribal law. Therefore, Order 12630, Governmental Actions and Federal-Aid and Other Streets and a tribal summary impact statement is Interference with Constitutionally Highways—[Amended] not required. Protected Property Rights. ■ 2. Revise § 655.601(a), to read as Executive Order 12372 Executive Order 13211 (Energy Effects) follows: (Intergovernmental Review) The FHWA has analyzed this final § 655.601 Purpose. Catalog of Federal Domestic rule under Executive Order 13211, * * * * * Assistance Program Number 20.205, Actions Concerning Regulations That (a) Manual on Uniform Traffic Control Highway Planning and Construction. Significantly Affect Energy Supply, Devices for Streets and Highways The regulations implementing Executive Distribution, or Use. We have (MUTCD), 2003 Edition, FHWA, dated Order 12372 regarding determined that this is not a significant October, 2003. This publication is intergovernmental consultation on energy action under that order because incorporated by reference in accordance Federal programs and activities apply to it is not a significant regulatory action with 5 U.S.C. 552(a) and 1 CFR part 51 this program. under Executive Order 12866 and is not and is on file at the Office of the Federal likely to have a significant adverse effect Paperwork Reduction Act Register, 800 North Capitol Street, NW., on the supply, distribution, or use of Suite 700, Washington, DC. It is Under the Paperwork Reduction Act energy. Therefore, a Statement of Energy available for inspection and copying at Effects under Executive Order 13211 is of 1995 (PRA) (44 U.S.C. 3501, et seq.), FHWA, 400 Seventh Street, SW., Room not required. Federal agencies must obtain approval 3408, Washington, DC 20590, as from the Office of Management and Regulation Identification Number provided in 49 CFR part 7. The text is Budget (OMB) for each collection of A regulation identification number also available from the FHWA Office of information they conduct, sponsor, or (RIN) is assigned to each regulatory Transportation Operations’ Web site at: require through regulations. The FHWA action listed in the Unified Agenda of http://mutcd.fhwa.dot.gov. has determined that this action does not Federal Regulations. The Regulatory * * * * * contain a collection of information Information Service Center publishes Appendix to Subpart F of Part 655— requirement for the purposes of the the Unified Agenda in April and PRA. Alternate Method of Determining the October of each year. The RIN contained Color of Retroreflective Sign Materials Executive Order 12988 (Civil Justice in the heading of this document can be and Pavement Marking Materials Reform) used to cross reference this action with —[Amended] the Unified Agenda. This action meets applicable ■ 3. Amend Table 3 by adding (after the standards in Sections 3(a) and 3(b)(2) of List of Subjects in 23 CFR Part 655 color Fluorescent Green) the color Executive Order 12988, Civil Justice Design standards, Grant programs— Fluorescent Pink with Chromaticity Reform, to minimize litigation, to Transportation, Highways and roads, Coordinates as follows:

Chromaticity coordinates Color 1 2 3 4 x y x y x y x y

******* Fluorescent Pink...... 0.450 0.270 0.590 0.350 0.644 0.290 0.536 0.230

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■ 4. Amend Table 3a by adding (after the color Fluorescent Green) the color Fluorescent Pink with Luminance Factor Limits (Y) as follows:

Luminance factor lim- Color its (Y)

Min Max YF

***** Fluorescent Pink ..... 25 None 15

[FR Doc. 03–28673 Filed 11–19–03; 8:45 am] BILLING CODE 4910–22–P

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Part III

Environmental Protection Agency 40 CFR Parts 260 and 261 Hazardous Waste Management System: Identification and Listing of Hazardous Waste: Conditional Exclusions From Hazardous Waste and Solid Waste for Solvent-Contaminated Industrial Wipes; Proposed Rule

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ENVIRONMENTAL PROTECTION federal rules; and creating flexibility for Friday, excluding Federal holidays. AGENCY generators to work with industrial Copies cost $0.15/page. laundries, as appropriate, to ensure 2. Electronic Access 40 CFR Parts 260 and 261 compliance with local pretreatment [RCRA–2003–0004; FRL–7587–7] standards established by Publicly You may access this Federal Register Owned Treatment Works (POTWs). document electronically through the RIN 2050–AE51 Today’s proposal also contains the EPA Internet under the Federal Register Agency’s proposed response to listings at , and you can make comments on this System: Identification and Listing of Kimberly-Clark Corporation and the proposed rule at the Federal e- Hazardous Waste: Conditional Scott Paper Company. rulemaking portal, . and Solid Waste for Solvent- An electronic version of the public Contaminated Industrial Wipes February 18, 2004. Comments postmarked after this date will be docket is available through EPA’s AGENCY: Environmental Protection marked ‘‘late’’ and may not be electronic public docket and comment Agency. considered. Any person may request a system, EPA Dockets. You may use EPA Dockets at to submit or view public comments, access the index listing of SUMMARY: The Environmental Protection ADDRESSES: Comments may be the contents of the official public docket Agency (EPA) today proposes to modify submitted by mail to: RCRA Information or to access those documents in the its hazardous waste management Center, Mailcode: 5305T, Environmental public docket that are available regulations under the Resource Protection Agency, 1200 Pennsylvania electronically. Once in the system, Conservation and Recovery Act (RCRA) Ave., NW., Washington, DC, 20460, select ‘‘search,’’ then key in the for certain solvent-contaminated Attention Docket ID Number RCRA– appropriate docket identification materials, such as reusable shop towels, 2003–0004. Comments may also be number. rags, disposable wipes and paper submitted electronically, by facsimile, towels. Specifically, EPA is proposing: or through hand delivery/courier. Certain types of information will not to conditionally exclude from the Follow the detailed instructions as be placed in the EPA Docket. definition of hazardous waste provided in section 1.B. of the Information claimed as CBI and other information whose disclosure is disposable industrial wipes that are SUPPLEMENTARY INFORMATION section. contaminated with hazardous solvents restricted by statute, which is not and are going to disposal; and, to FOR FURTHER INFORMATION CONTACT: For included in the official public docket, conditionally exclude from the information, contact the RCRA/ will not be available for public viewing definition of solid waste reusable Superfund/EPCRA/UST Hotline at (800) in EPA’s electronic public docket. EPA’s industrial shop towels and rags that are 424–9346 (toll free) or TDD (800) 553– policy is that copyrighted material will contaminated with hazardous solvents 7672 (hearing impaired). In the not be placed in EPA’s electronic public and are sent for laundering or dry Washington, DC metropolitan area, call docket but will be available only in cleaning (hereinafter referred to as (703) 412–3323 or TDD (703) 412–9810. printed, paper form in the official public disposable industrial wipes and You can also contact Kathy Blanton at docket. To the extent feasible, publicly reusable industrial wipes, respectively). (703) 605–0761 or at available docket materials will be made This proposal affects contaminated [email protected]. available in EPA’s electronic public industrial wipes being sent to both SUPPLEMENTARY INFORMATION: docket. When a document is selected landfill and non-landfill (e.g., laundries from the index list in EPA Dockets, the and combustion) facilities and is I. General Information system will identify whether the applicable to: industrial wipes A. How Can I Get Copies of This document is available for viewing in exhibiting a hazardous characteristic Document and Other Related EPA’s electronic public docket. (i.e., ignitability, corrosivity, reactivity, Information? Although not all docket materials may or toxicity) due to use with solvents; or be available electronically, you may still industrial wipes contaminated with 1. Docket access any of the publicly available F001–F005 spent F-listed solvents or EPA has established an official public docket materials through the docket comparable P- and U-listed commercial docket for this action under Docket ID facility identified in Unit I.A. chemical products that are spilled and No. RCRA–2003–0004. The official For public commenters, it is cleaned up with industrial wipes. public docket consists of the documents important to note that EPA’s policy is Today’s proposal would resolve, at specifically referenced in this action, that public comments, whether the Federal level, long-standing issues any public comments received, and submitted electronically or in paper, associated with the management of other information related to this action. will be made available for public solvent-contaminated industrial wipes Although a part of the official docket, viewing in EPA’s electronic public by: facilitating pollution prevention and the public docket does not include docket as EPA receives them and waste minimization opportunities, Confidential Business Information (CBI) without change, unless the comment including the recycling of the spent or other information whose disclosure is contains copyrighted material, CBI, or solvents extracted from contaminated restricted by statute. The official public other information whose disclosure is industrial wipes; fostering improved docket is the collection of materials that restricted by statute. When EPA solvents management by generators and is available for public viewing at the identifies a comment containing handling facilities; reducing compliance OSWER Docket in the EPA Docket copyrighted material, EPA will provide costs; increasing consistency in the Center at 1301 Constitution Avenue, a reference to that material in the regulations governing solvent- Washington, DC. The EPA Docket version of the comment that is placed in contaminated industrial wipes across Center Reading Room is open from 8:30 EPA’s electronic public docket. The the United States; clarifying existing a.m. to 4:30 p.m., Monday through entire printed comment, including the

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copyrighted material, will be available To access EPA’s electronic public through EPA’s electronic public docket in the public docket. docket from the EPA Internet Home or by e-mail. Send or deliver Public comments submitted on Page, select ‘‘Information Sources,’’ information identified as CBI only to the computer disks that are mailed or ‘‘Dockets,’’ and ‘‘EPA Dockets.’’ Once in following address: RCRA CBI Document delivered to the docket will be the system, select ‘‘search,’’ and then Control Officer, Office of Solid Waste transferred to EPA’s electronic public key in Docket ID Number RCRA–2003– (5305W), U.S. EPA, 1200 Pennsylvania docket. Public comments that are 0004. The system is an ‘‘anonymous Avenue, NW., Washington, DC 20460, mailed or delivered to the Docket will access’’ system, which means EPA will Attention Docket ID No. RCRA–2003– be scanned and placed in EPA’s not know your identity, e-mail address, 0004. You may claim information that electronic public docket. Where or other contact information unless you you submit to EPA as CBI by marking practical, physical objects will be provide it in the body of your comment. any part or all of that information as CBI photographed, and the photograph will (if you submit CBI on disk or CD ROM, b. E-mail be placed in EPA’s electronic public mark the outside of the disk or CD ROM docket along with a brief description Comments may be sent by electronic as CBI and then identify electronically written by the docket staff. mail (e-mail) to ‘‘rcra- within the disk or CD ROM the specific B. How and to Whom Do I Submit [email protected],’’ Attention information that is CBI). Information so Comments? Docket ID Number RCRA–2003–0004. In marked will not be disclosed except in contrast to EPA’s electronic public accordance with procedures set forth in You may submit comments docket, EPA’s e-mail system is not an 40 CFR part 2. electronically, by mail, by facsimile, or ‘‘anonymous access’’ system. If you In addition to one complete version of through hand delivery/courier. To send an e-mail comment directly to the the comment that includes any ensure proper receipt by EPA, identify Docket without going through EPA’s information claimed as CBI, a copy of the appropriate docket identification electronic public docket, EPA’s e-mail the comment that does not contain the number in the subject line on the first system automatically captures your e- information claimed as CBI must be page of your comment. Please ensure mail address. E-mail addresses that are submitted for inclusion in the public that your comments are submitted automatically captured by EPA’s e-mail docket and EPA’s electronic public within the specified comment period. system are included as part of the docket. If you submit the copy that does Comments received after the close of the comment that is placed in the official not contain CBI on disk or CD ROM, comment period will be marked ‘‘late.’’ public docket, and made available in mark the outside of the disk or CD ROM EPA is not required to consider these EPA’s electronic public docket. clearly that it does not contain CBI. late comments. c. Disk or CD ROM Information not marked as CBI will be 1. Electronically included in the public docket and EPA’s You may submit comments on a disk If you submit an electronic comment electronic public docket without prior or CD ROM that you mail to the mailing notice. If you have any questions about as prescribed below, EPA recommends address identified in this section. These that you include your name, mailing CBI or the procedures for claiming CBI, electronic submissions will be accepted please consult the person identified in address, and an e-mail address or other in WordPerfect or ASCII file format. contact information in the body of your the FOR FURTHER INFORMATION CONTACT Avoid the use of special characters and section. comment. Also include this contact any form of encryption. information on the outside of any disk D. What Should I Consider as I Prepare or CD ROM you submit, and in any 2. By Mail My Comments for EPA? cover letter accompanying the disk or Send your comments to: OSWER CD ROM. This ensures that you can be Docket, EPA Docket Center, Mailcode: You may find the following identified as the submitter of the 5305T, Environmental Protection suggestions helpful for preparing your comment and allows EPA to contact you Agency, 1200 Pennsylvania Ave., NW., comments: in case EPA cannot read your comment Washington, DC, 20460, Attention 1. Explain your views as clearly as due to technical difficulties or needs Docket ID Number RCRA–2003–0004. possible. further information on the substance of 2. Describe any assumptions that you your comment. EPA’s policy is that EPA 3. By Hand Delivery or Courier used. will not edit your comment, and any Deliver your comments to: 3. Provide any technical information identifying or contact information Environmental Protection Agency, EPA and/or data you used that support your provided in the body of a comment will Docket Center, Room B102, 1301 views. be included as part of the comment that Constitution Avenue, NW., Washington, 4. If you estimate potential burden or is placed in the official public docket, DC, Attention Docket ID Number costs, explain how you arrived at your and made available in EPA’s electronic RCRA–2003–0004. Such deliveries are estimate. public docket. If EPA cannot read your only accepted during the Docket’s 5. Provide specific examples to comment due to technical difficulties normal hours of operation as identified illustrate your concerns. and cannot contact you for clarification, above. 6. Offer alternatives. EPA may not be able to consider your comment. 4. By Facsimile 7. Make sure to submit your Fax your comments to: (202) 566– comments by the comment period a. EPA Dockets 0270, Attention Docket ID Number deadline identified. Your use of EPA’s electronic public RCRA–2003–0004. 8. To ensure proper receipt by EPA, docket to submit comments to EPA identify the appropriate docket electronically is EPA’s preferred method C. How Should I Submit Confidential identification number in the subject line for receiving comments. Go directly to Business Information (CBI) to the on the first page of your response. It EPA Dockets at and follow the online Do not submit information that you the name, date, and Federal Register instructions for submitting comments. consider to be CBI electronically citation related to your comments.

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ACRONYMS C. How Should I Submit Confidential 4. Proposed Conditions for Containers Business Information (CBI) to the Used for Transportation Acronym Definition Agency? 5. Proposed Conditions for Transportation D. What Should I Consider as I Prepare My to Laundry, Dry Cleaner, or Handler APA ...... Administrative Procedures Act. Comments for EPA? 6. ‘‘Exotic’’ Solvents ASTSWM- Association of State and Terri- II. Legal Authority 7. Generators That Remove Solvent From O. torial Solid Waste Manage- III. Summary of Proposed Changes Industrial Wipes A. Generator Conditions 8. Proposed Conditions for Intra Company ment Officials. 1. Generator Conditions: Exclusion From Transfers CAA ...... Clean Air Act. the Definition of Hazardous Waste 9. Proposed Conditions for Management at CAS No... Chemical Abstracts Service 2. Generator Conditions: Exclusion From Handling Facilities Registry Number. the Definition of Solid Waste D. Recordkeeping CBI ...... Confidential Business Informa- B. Handling Facility Conditions E. Enforcement tion. 1. Handling Facility Conditions: Exclusion F. Alternative Options to the Approach in CESQG .... Conditionally Exempt Small From the Definition of Hazardous Waste Today’s Proposed Rule Quantity Generator. 2. Handling Facility Conditions: Exclusion 1. Exclusion From the Definition of CFR ...... Code of Federal Regulations. From the Definition of Solid Waste Hazardous Waste for Disposable and CSI ...... Common Sense Initiative. C. Who Would Be Affected by the Reusable Solvent-Contaminated CWA ...... Clean Water Act. Proposed Exclusions? Industrial Wipes DOT ...... Department of Transportation. IV. Background 2. Exclusion From the Definition of ELG ...... Effluent Limitations Guideline. A. What Is the Intent of Today’s Regulatory Hazardous Waste for All Disposable EPA ...... Environmental Protection Agen- Proposal? Solvent-Contaminated Wipes Under a cy. B. Jurisdiction Over Solvent-Contaminated Single Set of Conditions FR ...... Federal Register. Industrial Wipes VI. Additional Benefit of the Proposed Rule: HSWA ...... Hazardous and Solid Waste 1. Exclusion From the Definition of Fostering Pollution Prevention Amendments. Hazardous Waste VII. Risk Screening Analysis ICR ...... Information Collection Request. 2. Exclusion From the Definition of Solid A. Introduction IRIS ...... Integrated Risk Information Sys- Waste B. What Analyses Did EPA Do? tem. C. Solvent Removed From Industrial Wipes C. What Were the Results of the Analyses V. Detailed Discussion of Proposed Rule and What Do They Mean? LDR ...... Land Disposal Restrictions. A. Scope of Solvents Covered by the 1. Disposable Solvent-Contaminated MIBK ...... Methyl Isobutyl Ketone. Proposed Rule Industrial Wipes Managed in Landfills MWC ...... Municipal Waste Combustor. B. Conditions for Exclusion From the 2. Ash From Incineration of Disposable NESHAP .. National Emission Standards for Definition of Hazardous Waste for Solvent-Contaminated Wipes Managed Hazardous Air Pollutants. Solvent-Contaminated Industrial Wipes in Landfills NSPS ...... New Source Performance Destined for Disposal 3. Sludge From Wastewater Treatment at Standards. 1. Why Is EPA Proposing to Conditionally Industrial Laundries and Managed in NTTAA ..... National Technology Transfer Exclude Disposable Solvent- Landfills and Advancement Act. Contaminated Industrial Wipes From the 4. Ecological Assessment OMB ...... Office of Management and Definition of Hazardous Waste? D. What External Review Was Done of the Budget. 2. Proposed Conditions for Initial Storage Risk Screening Analysis? OPPE ...... Office of Policy, Planning and and Accumulation VIII. History and Relationship to Other Evaluation. 3. Proposed Conditions for Containers Rulemakings OSHA ...... Occupational Safety and Health Used for Transportation A. Proposed Effluent Guidelines for Administration. 4. Proposed Labeling Condition for Industrial Laundries PBMS ...... Performance Based Measure- Containers Used to Transport Disposable B. Hazardous Waste Listing Determination ment System. Wipes for Spent Solvents POTW ...... Publicly Owned Treatment 5. Proposed Conditions for Transportation IX. State Authorization Works. to a Municipal or Other Non-Hazardous A. Applicability of Rule in Authorized SBREFA .. Small Business Regulatory En- Landfill States forcement Fairness Act. 6. Proposed Condition for Transportation B. Effect on State Authorizations RCRA ...... Resource Conservation and Re- to Non-Land Disposal Facilities X. Statutory and Executive Order Reviews covery Act. 7. ‘‘Exotic’’ Solvents A. Executive Order 12866: Regulatory RFA ...... Regulatory Flexibility Act. 8. Generators that Remove Solvent From Planning and Review RfC ...... Reference Air Concentrations. Industrial Wipes 1. Economic Analysis RfD ...... Reference Doses for Exposure 9. Proposed Conditions for Intra-Company 2. Affected Economic Sub-sectors through Ingestion. Transfers 3. Economic Impact of Today’s Other RIC ...... RCRA Information Center. 10. Proposed Conditions for Management Proposed Exclusion Options TC ...... Toxicity Characteristic. at Handling Facilities B. Paperwork Reduction Act TCLP ...... Toxicity Characteristic Leaching 11. Management of Industrial Wipes C. Regulatory Flexibility Act Containing Co-Contaminants D. Unfunded Mandates Reform Act Procedure. 12. Proposed Conditions for Burning E. Executive Order 13132: Federalism TBD ...... Technical Background Docu- Solvent-Contaminated Industrial Wipes F. Executive Order 13175: Consultation ment. in Combustors and Coordination With Indian Tribal TDD ...... Telecommunications Device for 13. Disposal of Treatment Residuals From Governments the Deaf. Municipal Waste and Other Combustion G. Executive Order 13045: Protection of UMRA ...... Unfunded Mandates Reform Act. Facilities Children From Environmental Health VOCs ...... Volatile Organic Compounds. C. Conditions for the Exclusion From the and Safety Risks Definition of Solid Waste for Reusable H. Executive Order 13211: Actions That The contents of today’s proposal are Industrial Wipes Significantly Affect Energy Supply, listed in the following outline: 1. Why is EPA Proposing to Exclude Distribution, or Use Reusable Solvent-Contaminated I. National Technology Transfer I. General Information Industrial Wipes From the Definition of Advancement Act A. How Can I get Copies of the Document Solid Waste? Appendix A to Preamble—Demographics of and Other Related Information? 2. Applicable Solvents the Industrial Wipes Industry B. How and to Whom Do I Submit 3. Proposed Conditions for Initial Storage Appendix B to Preamble—Memorandum Comments? and Accumulation from Michael Shapiro

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II. Legal Authority Directors, February 14, 1994.) Most reclamation of their solvents, if possible, EPA proposes these regulations under authorized states already exclude and believe that the changes proposed the authority of Sections 2002, 3001– reusable wipes from the definition of today will encourage additional 3010, and 7004 of the Solid Waste solid or hazardous waste as long as reclamation of hazardous solvents. Disposal Act, as amended by the certain basic conditions are met, such as The conditions that would be the removal of free liquids by the user. Resource Conservation and Recovery required for the exclusion from the It is not EPA’s intent to modify or in any Act (RCRA), as amended by the definition of hazardous waste and the way limit the existing state or EPA Hazardous and Solid Waste exclusion from the definition of solid regional exclusions or policies through Amendments of 1984 (HSWA), 42 waste are outlined below. For a more this proposed Federal rulemaking. U.S.C. 6912 , 6921–6930, and 6974. detailed discussion of generator, Because this action is a proposed handler and processing facility III. Summary of Proposed Changes rulemaking, provisions of the proposal, conditions, see Section V. EPA today proposes a conditional as well as EPA’s assumptions and A. Generator Conditions exclusion from the regulatory definition rationale leading to them, are subject to of hazardous waste for solvent- public notice and comment. Therefore, 1. Generator Conditions: Exclusion until a final rule governing these contaminated industrial wipes going to From the Definition of Hazardous Waste materials is issued, the regulatory status disposal and combustion, including use and classification of these materials, as a fuel, and a conditional exclusion For disposable solvent-contaminated including all regulatory exclusions from the regulatory definition of solid industrial wipes that will be managed at under the current RCRA programs waste for solvent-contaminated reusable a non-landfill disposal facility to meet implemented by a state or EPA region wipes, shop towels, and rags that are the exclusion from the definition of implementing the RCRA program, sent for laundering or dry cleaning hazardous waste, generators would be remain unchanged. See section IX.B. of (hereinafter referred to as disposable required to (1) accumulate and store this preamble for the effect this rule industrial wipes and reusable industrial solvent-contaminated wipes on site in would have on the RCRA program in wipes, respectively). As long as the non-leaking covered containers; (2) authorized states when finalized. ensure that the solvent-contaminated specified conditions are met, the EPA’s recent examination of solvent- Agency proposes that the exclusions wipes contain no free liquids, except as contaminated industrial wipes is a noted below, when transported off site from both the definition of hazardous result of issues and questions raised by waste and the definition of solid waste to a handling facility; and (3) transport stakeholders concerning the Agency’s the solvent-contaminated industrial be applicable to (1) industrial wipes current policy on these materials. In exhibiting a hazardous characteristic wipes off site in containers designed, developing our response to those constructed, and managed to minimize (i.e., ignitability, corrosivity, reactivity, concerns, EPA also conducted a risk 1 solvent loss to the environment and or toxicity) due to use with solvents or screening analysis and an investigation (2) industrial wipes contaminated with labeled ‘‘Excluded Solvent- of potential damages from Contaminated Wipes.’’ F001–F005 spent F-listed solvents or mismanagement of solvent- comparable P- and U-listed commercial contaminated industrial wipes to make Today’s proposal would also require chemical products that are spilled and sure risks from wipes management that disposable solvent-contaminated cleaned up with industrial wipes. This would be addressed and taken into wipes managed at municipal landfills or proposal would not affect the regulatory consideration. other non-hazardous waste landfills that status, under federal regulation, of We emphasize that EPA’s concern meet the standards under 40 CFR part Conditionally Exempt Small Quantity surrounding the use of both types of 257 subpart B (the disposal standards Generators (CESQGs)—those that industrial wipes—disposables and applicable to the receipt of CESQG generate no more than 100 kilograms of reusables—is based on the hazardous wastes at non-municipal, non-hazardous hazardous waste or no more than one solvent contained in the used wipes, not waste disposal units) 2 (i) must be ‘‘dry’’ kilogram of acutely hazardous waste in the industrial wipes themselves. This (i.e., contain less than five grams of a month and who accumulate no more proposed rule would not apply to solvent), and (ii) must not contain any than 1000 kilograms of hazardous waste industrial wipes contaminated with of the 11 listed spent solvents which the or no more than one kilogram of acutely aqueous-based solvents or solvents that, Agency has tentatively determined may hazardous waste at one time. when spent, are not hazardous wastes. pose adverse risks to human health and It has long been EPA’s policy to We strongly recommend that generators the environment when disposed of in a encourage the appropriate state or EPA examine the feasibility of substituting landfill, even if the wipe is ‘‘dry.’’ See regional office to characterize the non-hazardous solvents for hazardous Table 1 below for the listed solvents regulatory status of laundered and solvents. By using non-hazardous that, when contaminating industrial reused wipes based on site-specific solvents, individual facilities may wipes, would make landfilled wipes factors. (See Appendix B, which eliminate or reduce compliance costs ineligible for an exclusion from the contains a policy memo from Mike associated with RCRA and the Clean Air definition of hazardous waste. In other Shapiro, Director, Office of Solid Waste, Act (CAA), as well as U.S. Occupational words, wipes contaminated with Table to EPA Waste Management Division Safety and Health Administration 1 solvents would not be allowed in (OSHA), and U.S. Department of municipal landfills or other non- 1 Solvent-contaminated industrial wipes that are Transportation (DOT) regulations. For hazardous waste landfills under the co-contaminated with another material that makes generators using reusable industrial provisions of this proposal. them characteristically hazardous for corrosivity, reactivity, or toxicity would not be eligible for the wipes that are managed by an industrial exclusion from the definition of hazardous waste or laundry or dry cleaner, indirect costs 2 For the purposes of today’s preamble, we will the exclusion from the definition of solid waste. If associated with Clean Water Act (CWA) use the term other non-hazardous landfill to denote the industrial wipes are co-contaminated with a regulations may also be reduced. We part 257 subpart B compliant non-hazardous waste material that makes them characteristically landfills. If a non-hazardous landfill that is not a hazardous for ignitability, they would remain also encourage generators to examine municipal landfill accepts this waste, it must meet eligible. For more discussion of this provision, see the possibilities of resource the minimum strandards of 40 CFR part 257 subpart Section V.B.11. conservation through removal and B.

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TABLE 1.—LISTED SOLVENTS INELI- wipes that are being reclaimed for reuse of solid waste, industrial laundries and GIBLE FOR MUNICIPAL OR OTHER through a cleaning process. dry cleaners, as well as facilities that NON-HAZARDOUS LANDFILL DIS- EPA is also proposing that wipes can handle solvent-contaminated industrial be transported with free liquids to POSAL wipes to remove solvent from them facilities within the same company prior to cleaning, would be required to under the exclusion when they are manage them in containers designed, 2-Nitropropane Nitrobenzene. transporting them to a solvent recovery Methyl Ethyl Ketone Methylene Chloride. constructed and managed to minimize (MEK) facility that will remove enough solvent losses to the environment (i.e., today’s to meet either the ‘‘no free liquid’’ or the Pyridine Benzene. proposed transportation condition), or ‘‘dry’’ condition, provided the other Cresols (o,m,p) Carbon Tetrachloride. in non-leaking covered containers that conditions are met. Chlorobenzene Tetrachloroethylene. would meet the generator accumulation Trichloroethylene B. Handling Facility Conditions conditions in this proposal. Unless the 1. Handling Facility Conditions: handling facility and the generator are In addition, EPA is proposing that Exclusion From the Definition of in the same company, if a handler transporters be allowed to carry wipes Hazardous Waste discovers any free liquid accompanying with free liquids to other facilities the used solvent-contaminated For disposable industrial wipes to within the same company under the industrial wipes, it would be required hazardous waste exclusion when they continue to meet the exclusion from the definition of hazardous waste, either to remove the free liquid and are transporting them to a solvent manage it properly or to return the recovery facility that will remove combustors and facilities that handle solvent-contaminated industrial wipes container with the wipes and free liquid enough solvent to meet either the ‘‘no to the generator. free liquid’’ or the ‘‘dry’’ condition, to remove solvent from them prior to provided the other conditions are met. disposal would be required to manage C. Who Would Be Affected by the them (a) in containers designed, Proposed Exclusions? III.A.2. Generator Conditions: Exclusion constructed and managed to minimize From the Definition of Solid Waste losses to the environment that meet the The following table summarizes the transportation requirements in today’s types and numbers of entities For reusable solvent-contaminated proposal or (b) in non-leaking covered nationwide which we estimate could be industrial wipes going to be reclaimed containers that would meet the and reused to meet the exclusion from eligible for the proposed exclusions. generator accumulation conditions in The exclusions would only affect those the definition of solid waste, generators today’s proposal. Unless the handling would be required to (1) accumulate and establishments which use industrial facility and the generator are in the wipes in conjunction with operations store solvent-contaminated wipes on same company, if a handler discovers involving solvents that are included in site in non-leaking covered containers; any free liquid accompanying the used (2) ensure that the solvent-contaminated solvent-contaminated industrial wipes, the scope of this proposal (i.e., F001– wipes contain no free liquids when it would be required either to remove F005 spent F-listed solvents at 40 CFR laundered on site or transported off site the free liquid and manage it properly 261.31; comparable P- and U-listed to a handling facility, except as noted as a hazardous waste, if applicable, or commercial chemical products at 40 below; and (3) transport the solvent- to return the container with the wipes CFR 261.33 that are spilled and cleaned contaminated industrial wipes off site in and free liquid to the generator. up with industrial wipes; and solvents containers designed, constructed, and exhibiting a hazardous characteristic managed to minimize losses to the 2. Handling Facility Conditions: (i.e., ignitability, corrosivity, reactivity, environment (e.g., plastic bags, 55- Exclusion From the Definition of Solid or toxicity at 40 CFR 261.21–261.24)). gallon drums, or other containers). The Waste exclusion from the definition of solid For reusable wipes to continue to waste would be applicable only to meet the exclusion from the definition

TABLE 2.—ENTITIES POTENTIALLY AFFECTED BY THE PROPOSED RULE

Item Economic sub-sector (entity type) NAICS Code SIC Code Number of affected es- tablishments 1

1 ...... Printing manufacturing (mfg) ...... 323 275 to 279 ...... 18,700 to 42,000. 2 ...... Chemical & allied products mfg ...... 325 28 ...... 1,100 to 2,900. 3 ...... Plastics & rubber products mfg ...... 326 30 ...... 1,400 to 3,700. 4 ...... Fabricated metal products mfg ...... 332 34 ...... 4,900 to 13,000. 5 ...... Industrial machinery & eqpt mft ...... 333 352 to 356 ...... 2,400 to 6,300. 6 ...... Electronics & computers mfg ...... 3344 367 ...... 550 to 1,500. 7 ...... Transportation eqpt mfg ...... 336 37 ...... 1,100 to 3,000. 8 ...... Furniture & fixture mfg ...... 337 25 ...... 1,600 to 4,300. 9 ...... Auto dealers (retail trade) ...... 4411 5511 & 5521 ...... 4,000 to 10,700. 10 ...... Publishing (printed matter) ...... 5111 271 to 274 ...... 10,600 to 23,600. 11 ...... Business services ...... 561439 7334 ...... 2,900 to 6,400. 12 ...... Auto repair & maintenance ...... 8111 753 ...... 13,500 to 35,900. 13 ...... Military bases ...... 92812 9721 ...... 50 to 130. 14 ...... Solid waste services ...... 562 4953 ...... 4,800 to 9,650. 15 ...... Industrial launderers ...... 812332 7218 ...... 590 to 1,175. Total ...... 68,000 to 164,000 1 Establishment counts above do not necessarily represent all establishments in each industry; counts represent EPA’s estimate of establish- ments which use solvent industrial wipes and to which the conditional exclusions may apply.

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IV. Background others are packaged already saturated focused its efforts on responding to EPA is addressing the issue of with solvent and are, therefore, ready stakeholder concerns. Since EPA began to look at solvent- solvent-contaminated industrial wipes for use immediately. Either way, the contaminated industrial wipes, we have in response to stakeholder concerns that generator uses the wipe in its process heard from many interested groups that these materials warrant special and then often discards it. These wipes they are frustrated with the regulatory consideration to correct over-regulation, are typically disposed of either in a scheme now applicable to them. After as well as to ensure more consistency in landfill or by combustion. Alternately, the initial promulgation of the federal the regulation of these materials. In some wipes generally thought of as hazardous waste regulations, EPA began addition, EPA sees this proposed rule as ‘‘disposable’’ (perhaps if they are made with paper fiber) are used more than receiving inquiries from makers and encouraging resource conservation and once by being put through a solvent users of disposable wipes, who stated responsible solvent management, as removal system. Because this proposal that the regulations were too stringent well as removing potential regulatory makes a distinction between wipes for industrial wipes based on the risks restrictions to solvent recovery. destined for disposal and destined for they pose. Specifically, in 1985, EPA Industrial wipes are used by reuse, in this case the industrial wipe received a petition, pursuant to 40 thousands of commercial and industrial would be considered ‘‘reusable’’ if it CFR.260.20, from the Kimberly-Clark facilities throughout the United States to were to be reused, even if it was Corporation, a manufacturer of ensure that products and services meet manufactured for typical one-time use. disposable industrial wipes, that asked design, performance, or operating Reusable wipes are part of a more EPA to exclude disposable wipes from standards. Generators often use these systematic handling system. In general, the definition of hazardous waste. The wipes in conjunction with ignitable a laundry owns reusable industrial petition stated that these materials are solvents (any material with a flash point ° wipes, rents them to generators, and over-regulated because the amount of less than 140 F) or listed solvents that, collects them for laundering on a regular solvent in the wipes is insignificant and when spent, are hazardous wastes basis. Generators receive deliveries of because the disposable wipes do not (approximately 30 specific halogenated wipes from the laundries, use them, and pose a threat to human health and the and non-halogenated solvents are accumulate used wipes. Drivers, most environment even when disposed of in defined by EPA as meeting the criteria often employed by the laundries, pick a municipal solid waste landfill. In for designation as hazardous). up the contaminated industrial wipes, 1987, EPA received a second For the purposes of this proposal, we replacing them with clean wipes at the rulemaking petition from the Scott are considering two broad categories of same time, and then return the soiled Paper Company that reiterated many of industrial wipes: reusables and wipes to the laundry. Once at the Kimberly-Clark’s points and added that disposables. Specific definitions for the laundry, the wipes are then counted to the hazardous waste regulations are not different kinds of industrial wipes can assure the laundry is getting back from necessary because contaminated be found in Appendix A to this proposal the generator the same number sent out disposable wipes are handled but we have chosen, for simplicity’s and, finally, are cleaned before entering responsibly, make up just 1% of a sake, to call all disposable wipes and the cycle again. generator’s waste stream, and could be reusable shop towels and rags for which Solvent removal and recovery can beneficial to the operation of this proposed rule would be applicable happen at various points in the life incinerators because of their heat value. ‘‘industrial wipes,’’ and to distinguish cycle of both disposables and reusables. In addition to these petitions from the only between those which are going to Generators may choose to recover makers of disposable wipes, in 1987, be laundered, or otherwise cleaned for solvent either to reduce solvent use and EPA received a rulemaking petition reuse (‘‘reusables’’), and those which save money, or to reduce environmental pursuant to 40 CFR 260.20 from the will be discarded either by combustion, impact; generators may generally industrial laundries requesting that the including use as a fuel, or landfilling recover solvents without additional solvent-contaminated wipes they wash (‘‘disposables’’). RCRA requirements under the before returning them to their customers A generator’s decision to use provisions of 40 CFR 261.6(c). In for reuse be excluded from the disposable or reusable industrial wipes addition, laundries may recover definition of solid waste. In 2000, the depends primarily on their processes, solvents from the wipes that arrive at laundries withdrew their petition. but sometimes it may be based on their their facilities to minimize the amount Nevertheless, the various rulemaking waste management strategy. The process of solvent in their effluent to comply petitions helped set in motion the employed is important, for example, with pretreatment requirements development of this proposed rule that because the amount of lint a wipe imposed by a Publicly Owned addresses the regulatory requirements generates can play a very significant Treatment Works (POTW) or to recover for both disposable and reusable role. Some processes, such as those in solvent, which can be sold, refined, and industrial wipes. electronics and printing applications, reused when it is recovered. One of A rule addressing both types of wipes cannot tolerate any lint, whereas other EPA’s goals in this rulemaking is to is also important because generators of processes, such as cleaning auto parts, encourage solvent recovery and solvent-contaminated wipes have asked can tolerate large amounts of lint. recycling in order to minimize the EPA over the years to clarify our Absorbent capacity is also another factor amount of potentially hazardous position on both disposable and in some tasks, as is durability of a wipe solvents that are released to the reusable wipes. In the early 1990s, EPA in both physical strength and in its environment and to conserve resources. developed a policy that deferred ability to withstand strong solvents. determinations and interpretations As with other commodities, a wipe’s A. What Is the Intent of Today’s regarding regulation of solvent- life cycle depends on its ultimate Regulatory Proposal? contaminated industrial wipes to states disposition. The following description A brief history of the current authorized to implement the federal illustrates generally how industrial regulatory scheme applicable to solvent- hazardous waste program or to the EPA wipes are used, but is not exhaustive of contaminated wipes lends perspective region in the cases where a state is not all possibilities. Some disposable wipes on how EPA has developed this authorized (see 2/14/94 Memo from arrive at the generator dry, whereas proposal and explains how EPA has Michael Shapiro to Waste Management

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Division Directors Regions I–X in wipes in the manner described in this B. Jurisdiction Over Solvent- Appendix B). We did this because we proposal is appropriate. Contaminated Industrial Wipes felt, at that time, that these questions In late 1994, EPA’s policy regarding 1. Exclusion From the Definition of were best addressed by the regulatory solvent-contaminated industrial wipes Hazardous Waste officials responsible for implementing came under further review as a part of the regulations. the Common Sense Initiative (CSI) for The concept of regulating a waste if it This policy led to the application of the printing industry. The CSI sought fails to meet certain standards forms the different regulatory schemes for both the insight and input of multiple basis of many RCRA regulations. To types of industrial wipes in EPA regions stakeholders on how to make provide added flexibility for and states. Although the states differ in environmental regulation more easily implementation, EPA has previously the details of their policies, in general, implementable and/or less costly while promulgated conditional relief from they regulate disposable industrial still maintaining protection of human subtitle C regulation for low-level mixed wipes as a hazardous waste when they health and the environment. The one waste,3 for certain refining wastes,4 and are contaminated with a solvent that is significant problem posed by RCRA for non-chemical military munitions.5 listed or exhibits a hazardous waste regulations identified by the Today’s proposed rule would limit characteristic. On the other hand, many, representatives from the printing regulation under subtitle C for solvent- but not all, states provide regulatory industry was the ambiguity of the rules contaminated industrial wipes that are relief for reusable contaminated wipes and regulations applicable to disposable disposed or combusted (circumstances sent to an industrial laundry or other and reusable solvent-contaminated when the industrial wipes are used as facility for cleaning and reuse. In about industrial wipes. Specifically, they a fuel are included) when they meet the half the cases, this regulatory relief is in requested that EPA do three things: (1) conditions described in this notice. the form of an exclusion from the Clarify the definition of ‘‘treatment’’ as The DC Circuit Court of Appeals has definition of hazardous waste, whereas it pertains to printers wringing solvent expressly upheld EPA’s authority under other states provide an exclusion from from their wipes; (2) examine the RCRA to establish a conditional the definition of solid waste. The potential for over-regulation of exemption from subtitle C regulation substantive difference between these disposable industrial wipes; and (3) (i.e., hazardous waste regulation) for two approaches is that materials increase regulatory consistency among wastes that, absent the exemption, excluded from the definition of solid the states. would be hazardous (See Military waste are not considered a waste at all, This proposal, therefore, results from Toxics Project v. EPA 146 F.3d 948, D.C. and are not subject to Federal RCRA discussions during the printing industry Cir. 1998). For a more detailed regulation, whereas materials excluded CSI, as well as the concerns we have discussion of EPA’s authority to from the definition of hazardous waste heard from other stakeholders on the establish a conditional exemption from are considered to be wastes that, when Agency’s (and states’’) current policies. subtitle C regulation, see the discussion certain conditions are met, do not need We are addressing these concerns, while at 62 FR 6636–6637 for the Military to be managed as hazardous wastes. at the same time encouraging recycling Munitions Rule preamble. For reusable industrial wipes, the and solvent recovery and ensuring 2. Exclusion From the Definition of conditions for the various exclusions protection of human health and the Solid Waste vary from state to state, but most require environment. In summary, the that the containers of wipes not contain stakeholders’ general positions are that Makers and users of reusable free liquids, and require that the generators of contaminated industrial industrial wipes that are sent to laundry discharge to a Publicly Owned wipes seek clarification of the rules and laundries or dry cleaners to be cleaned Treatment Works (POTW) or be a more consistent regulatory scheme prior to reuse have asked EPA to permitted under the Clean Water Act. throughout the states; manufacturers of maintain our current policy of deferring Some states have established other disposable industrial wipes feel their to the states. Under current EPA policy, requirements such as requiring product is over-regulated by RCRA as established in 1994, EPA defers generators to manage contaminated when levels of risk are taken into interpretations and decisions about how wipes according to the hazardous waste consideration leading to inequitable to regulate solvent-contaminated wipes accumulation standards prior to treatment vis-a`-vis reusable wipes; and to either an EPA region or authorized laundering, and requiring generators to industrial laundries which clean state (see 2/14/94 memo from Michael file a one-time notice under the land solvent-contaminated wipes believe Shapiro to Waste Management Division disposal restriction (LDR) program (see they are managing a commodity, not Directors Regions I-X). 40 CFR part 268) when wipes are sent solid wastes, and should be considered EPA is today proposing to exercise its to be laundered. More detail on the accordingly. discretion to exclude from the subtitle C specifics of the states’ policies can be Additional stakeholder groups have definition of solid waste reusable found in Chapter 3 of the Technical also been involved in the development industrial wipes exhibiting a hazardous Background Document to this proposal. of this proposal. The first is made up of waste characteristic due to use with The EPA policy laid out in the the state and local governments that Shapiro memo, deferring interpretation have been developing and 3 See 66 FR 27266, May 16, 2001, Hazardous Waste Identification Rule (HWIR): Revisions to the to the states or EPA regions, has led to implementing policies for these Mixture and Derived-From Rules: Final Rule. some confusion. The state regulations materials for the past ten years. They 4 See 63 FR 42109, August 6, 1998, Hazardous and policies established on the basis of have come to EPA to ask advice on what Waste Management System; Identification and the Shapiro memo, as described above, they should do when conditions Listing of Hazardous Waste; Petroleum Refining Process Wastes; Land Disposal Restrictions for differ from state to state. This rule, established at the state level for an Newly Identified Wastes; and CERCLA Hazardous when finalized, would clarify that EPA exclusion are not met. The second is Substance Designation and Reportable Quantities. believes that full RCRA hazardous waste worker unions which have also recently 5 See 62 FR 6621, February 12, 1997, Military regulation of these materials is not expressed interest in RCRA Munitions Rule; Hazardous Waste Identification and Management; Explosives Emergencies: Manifest necessary to protect human health and requirements for management of Exemption for Transport of Hazardous Waste on the environment and, therefore, that solvent-contaminated industrial wipes Right-of-Ways and Contiguous Properties: Final management of solvent-contaminated because of worker safety concerns. Rule.

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solvents or containing listed solvents drain so that some of the unwanted servicing (i.e., solvent removal) before it when the industrial wipes are laundered solvent has been removed before can be used. Therefore, no discard or cleaned for reuse under the shipment, helping to restore the wipes occurs until after the contamination is conditions set out below. Liquids to a usable condition. We are proposing removed from the wipe. removed from such wipes are subject to a ‘‘no free liquid’’ condition for In addition, EPA has previously hazardous waste regulation if they transportation off site to ensure that concluded that contaminated material contain listed solvents or if they exhibit wipes that are going to reclamation have can be excluded from the definition of hazardous waste characteristics. low levels of solvent consistent with solid waste even though contamination The proposed conditional exclusion this factor. ends up in the wastestreams of the from the definition of solid waste will The second of the factors is that reclamation process. See, for example, not apply to wipes that are taken out of industrial wipes are handled throughout the proposed exclusion for glass from service to be disposed of. When the the laundering or reuse process as cathode ray tubes (67 FR 40509) and the wipes are disposed of, they cease being valuable commodities because the finalized conditional exclusion for ‘‘reusable’’ industrial wipes and become laundry benefits from their use and waste-derived zinc fertilizers (67 FR ‘‘disposable’’ industrial wipes and must reuse. When wipes return to a laundry 48393). Nevertheless, the Agency be handled accordingly. The proposed from a user to be laundered, they are solicits comment on this issue, and exclusion also does not apply to counted before the washing process. specifically on whether reusable reusable wipes containing solvents or This process keeps users financially industrial wipes should be other materials that are not hazardous accountable for the number of wipes conditionally excluded from the wastes. These wipes are not subject to they have in their possession and definition of hazardous waste, as subtitle C regulation. demonstrates that the wipes are not opposed to being conditionally EPA also proposed a rule that would waste-like, as they have value to the excluded from the definition of solid eliminate regulation of a range of laundries and to the users. waste. materials which are reused in a Consequently, it is more likely that the V. Detailed Discussion of Proposed Rule continuous process within the same used industrial wipes will be handled generating industry (68 FR 61558, carefully, in appropriate containers, and EPA is today proposing a conditional October 28, 2003). The proposed rule will be treated as commodities, rather exclusion from the definition of would establish, if finalized, that such than as wastes, by both users and hazardous waste for solvent- materials are not solid wastes under the laundries. contaminated disposable industrial rulings in American Mining Congress v. The final consideration is that the wipes and a conditional exclusion from EPA, 824 F 2d 1177 (1987) (‘‘AMC I’’) solvent-contaminated industrial wipes the definition of solid waste for solvent- and Association of Battery Recyclers v. are owned by the same entity contaminated reusable industrial wipes. EPA, 208 F. 3d 1047 (2000), (‘‘ABR’’). throughout the process. Laundries own This section discusses in detail the While today’s proposal is more the wipes and lease them to the users major features of and rationale for the narrowly targeted in terms of waste and, therefore, have an incentive to proposal. The Agency also presents streams, and involves cross-industry ensure that the wipes are reused, not options we are considering in transfers, EPA will take appropriate discarded. This factor encourages much developing the proposed rule. We action to ensure that the provisions in of the same behavior as the second welcome any comments on all aspects this rule are consistent with those of factor does, leading to responsible of this proposed rule and on other that broader rule, when finalized. management of the materials. options we considered in developing this proposal. More discussion of the a. Basis for Proposed Exclusion From C. Solvent Removed From Industrial options is also available in the Proposed the Definition of Solid Waste Wipes Rule’s Technical Background EPA’s basis for the exclusion from the When industrial wipes are returned to Document, available in the Rulemaking definition of solid waste proposed today laundries, the solvents are removed Docket. Throughout this description of is that industrial wipes being cleaned through laundering so that the wipes the proposed rulemaking, EPA and returned into service are more can be reused. In some cases, the specifically requests comments on commodity-like than waste-like and, solvents are collected and recycled for certain options, but comments are therefore, that they can be conditionally further use, but, in other cases, the welcome on all elements of the excluded from the regulatory definition solvent is discarded as a hazardous proposal. of solid waste. In 40 CFR 260.31(c), EPA waste or discharged to a Publicly states that a material’s commodity-like Owned Treatment Works (POTW). Some A. Scope of Solvents Covered by the properties can be a basis for a variance stakeholders have argued that industrial Proposed Rule from being a solid waste, among other wipes should not be considered eligible EPA is proposing that both the things, because of how they resemble a for an exclusion from the definition of exclusions in this proposal be product rather than a waste and how solid waste for being commodity-like, applicable both to industrial wipes that they are managed. The finding that because the solvent is the hazardous exhibit a hazardous characteristic (see solvent-contaminated reusable constituent, not the industrial wipe, and 40 CFR 261.21–261.14) due to use with industrial wipes are commodity-like is the solvent is often discarded rather solvents and to industrial wipes based on three factors and, importantly, than reused. However, spent material containing any listed hazardous waste on the fact that in this case all three reclamation scenarios frequently solvents: F001–F005 listed spent factors apply to industrial wipes. EPA involve the removal of unwanted solvents (see 40 CFR 261.31) and may not reach a similar conclusion for contaminants from the material being corresponding P- or U-listed commercial a material that meets just one or two of reclaimed. In this case, as stated above, chemical products when spilled (see 40 these factors. EPA perceives the reusable solvent- CFR 261.33). The first of the ‘‘commodity-like’’ contaminated industrial wipes to be a We also note that this proposed rule factors is that the industrial wipes are commodity-like material. Even though it would not be applicable to generators often partially reclaimed, that is, spun contains solvent, the material is using non-hazardous solvents, since in a centrifuge, wrung out, or allowed to predominantly a product that needs these industrial wipes are not currently

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subject to regulation under subtitle C. solvents. However, EPA also realizes definition of hazardous waste and EPA strongly recommends that that in some cases, production which would be excluded from the generators examine the feasibility of incompatibilities may make such a definition of solid waste and the using non-hazardous solvents because substitution infeasible. conditions each type of wipe would be of reduced risk from use of these Table 3 summarizes which industrial required to meet. wipes would be excluded from the

TABLE 3.—SUMMARY OF CONDITIONS FOR GENERATORS

If you use or generate solvent-contaminated in- dustrial wipes that will be managed at . . . Then for your solvent-contaminated industrial wipes . . .

A combustion facility or other non-landfill dis- To be excluded from the definition of hazardous waste, you would be required to: posal facility without first being sent to a han- 1. Accumulate the used wipes on site in a non-leaking, covered container; dling facility for solvent removal 2. Ensure that the wipes do not contain free liquids when transported off site; 3. Handle any removed solvents subject to hazardous waste regulations accordingly; 4. Package wipes for shipment off site in containers that are designed, constructed, and managed to minimize loss to the environment; and 5. Mark containers ‘‘Excluded Solvent-Contaminated Wipes.’’ A municipal or other non-hazardous 6 landfill To be excluded from the definition of hazardous waste, you would be required to: without first being sent to a handling facility 1. Accumulate the used wipes on site in a non-leaking, covered container; for solvent removal 2. Ensure that the wipes meet the ‘‘dry’’ condition (contain less than 5 grams of solvent per wipe or have been processed by advanced solvent extraction) when transported; 3. Handle any removed solvents subject to hazardous waste regulations accordingly; 4. Package wipes for shipment off site in containers that are designed, constructed, and managed to minimize loss to the environment; 5. Mark the container ‘‘Excluded Solvent-Contaminated Wipes’’; and 6. Ensure that the wipe does not contain the listed solvents in Table 1. —An industrial laundry To be excluded from the definition of solid waste, you would be required to: —An industrial dry cleaner 1. Accumulate the used wipes on site in a non-leaking, covered container; —A handling facility (not intra-company) that 2. Ensure that the wipes do not contain free liquids when laundered on site or transported cleans wipes for reuse or removes solvent off site; prior to cleaning or being sent for disposal 3. Handle any removed solvents subject to hazardous waste regulations accordingly; and 4. Package wipes for shipment off site in containers that are designed, constructed, and managed to minimize loss to the environment. Another facility within the company (intra-com- To be excluded from the definition of solid waste or from the definition of hazardous waste, pany) for free liquids removal processing to you would be required to: meet either the ‘‘no free liquid’’ condition or 1. Accumulate the used wipes on site in a non-leaking, covered container; and the ‘‘dry’’ condition 2. Package wipes for shipment off site in containers that are designed, constructed, and managed to minimize loss to the environment. Note: These wipes can be transported with free liquids. Notes: (1) If wipes do not meet the appropriate conditions for accumulation and transportation, they would not be excluded and, if they cannot be made to meet the conditions, must be managed as hazardous waste. (2) For residues from combustion and industrial laundry wastewater treatment (sludges), the generator must determine if they are characteris- tically hazardous and, if so, must be managed as hazardous waste. If not, additional generator or transport requirements do not apply. 6 As stated above, for the purposes of this preamble, we will use the term other non-hazardous landfill to denote part 257 subpart B compliant non-hazardous waste landfills. That is, if a non-hazardous landfill that is not a municipal landfill accepts this waste, it must meet the minimum standards of 40 CFR part 257 subpart B.

B. Conditions for Exclusion From the analysis, conducted to evaluate whether solvents when handling industrial Definition of Hazardous Waste for this contention is valid, suggests that wipes. The conditions EPA would Solvent-Contaminated Industrial Wipes management of these wipes under establish would also limit volatile Destined for Disposal certain minimal, good management releases and potential exposure of standards does not pose a substantial 1. Why Is EPA Proposing To workers both at generator facilities and hazard to human heath and the during transportation. Conditionally Exclude Disposable environment and, therefore, we are Solvent-Contaminated Wipes From the proposing the conditional exclusion Finally, EPA has, where possible, Definition of Hazardous Waste? from the definition of hazardous waste designed these conditions to be As discussed above, stakeholders presented today. The conditions performance-based and easy to have on several occasions indicated to proposed as part of the exclusion are understand and implement to address us that regulating disposable solvent- designed both to minimize loss of the concern that the Agency’s current contaminated industrial wipes as a solvent into the environment and, policy coupled with differing state hazardous waste is burdensome and therefore, to minimize the risk of policies, is complicated and hard to unnecessary to protect human health damage to the environment from those understand. Note that, as discussed in and the environment and that this solvents, and to encourage solvent section IV of today’s preamble, wipes results in inequitable treatment relative recovery and recycling. are defined as disposable only if they to reusable industrial wipes. They argue Unions representing workers who will be disposed after use. If a wipe that solvents associated with wipes are come into contact with these materials manufactured to be disposable is used in low concentrations and are not likely have also raised concerns to EPA and cleaned several times before to pose health and environmental risks regarding the exposure of their disposal, it should be treated as a similar to those from the disposal of members, both through direct contact reusable wipe until its final use. process wastes. EPA’s risk screening and through air emissions, to hazardous

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2. Proposed Conditions for Initial help reduce volatile organic compounds addition to following the time limits in Storage and Accumulation (VOCs) being emitted to the work 262.34, generators would have to mark a. Proposed Condition environment and the atmosphere. It any container in which solvent- would also prevent the intentional air contaminated disposable industrial The proposed conditional exclusion drying of wipes as a way to reduce free wipes were being accumulated with a from the definition of hazardous waste liquids. label stating that it holds excluded would apply to solvent-contaminated One advantage of establishing a solvent-contaminated wipes and stating disposable industrial wipes at the point performance standard such as the one the date accumulation started. when the wipes are discarded by the described above is that the generator Although this option would require generator. If the wipes were managed may take innovative approaches to meet generators to follow the appropriate according to the proposed conditions, the performance standard being sought time limit for their generator size, they would not be considered hazardous rather than having to use a specific because the industrial wipes are waste subject to subtitle C regulation. design. A performance standard also excluded from the definition of The first condition the industrial provides a degree of flexibility in terms hazardous waste from the point of wipes would have to meet is an of allowing different approaches that generation, they would not have to be accumulation standard. When an minimize the length of time required for added to the generators counting of industrial wipe is contaminated with a workers to place a used wipe in a hazardous waste. In other words, hazardous solvent and is being storage container. generating solvent-contaminated wipes disposed, generators would be required This condition would reduce under the conditions of the proposal to place the hazardous solvent- requirements for generators of solvent- would not cause a facility to move from contaminated wipe in a non-leaking, contaminated disposable industrial being an SQG to being an LQG. covered container. This performance wipes. Currently, all states regulate standard leaves room for flexibility No RCRA-Specific Condition disposable industrial wipes as a because a non-leaking covered container hazardous waste. 40 CFR part 265, The Agency also is considering not can range from a spring-operated safety subpart I describes the current federal establishing a specific accumulation container to a drum with its opening requirements for the proper storage of condition, but relying on other covered by a piece of plywood. hazardous waste in containers at regulatory statutes, like the Generators would not need to seal, generator facilities. These standards Occupational Safety and Health Act secure, latch, or close the container (OSHA). The Occupational Health and require generators of hazardous wastes every time a wipe is placed inside; Safety Standards of part 1910 provide to accumulate such wastes in units rather, they would only need to ensure both general and specific requirements meeting certain technical requirements. that the container was covered. EPA for containers used to accumulate and The unit-specific requirements for recognizes that many generators use a store certain types of materials. Subpart generator accumulation units are found large number of wipes daily, so to H of part 1910 may be applicable for the in 40 CFR part 265. In addition to require unsealing and sealing a storage of industrial wipes prior to requiring that containers are in good container each time a wipe is placed solvent removal or recovery. Section condition and that they are made of a inside would be impractical. This 1910.106 contains standards for the material that is compatible with the condition would reduce fugitive air management of hazardous materials, emissions, maximizing the ability to wastes being contained, subpart I including requirements for the capture free liquids for reuse or requires that containers be closed (i.e., management of flammable 7 and recycling. It would also be among good sealed) during accumulation. In combustible 8 liquids; facilities which management practices for generators to addition, hazardous waste containers either generate or launder solvent- have regardless of this proposal to are subject to weekly visible inspections contaminated industrial wipes may be minimize worker exposure to solvents. to locate potential deterioration, subject to these standards. According to Under the exclusion from the corrosion, or leaks. In addition, these standards, flammable liquids must definition of hazardous waste, there containers storing ignitable or reactive be stored in approved containers which would be no limit on accumulation time hazardous wastes are required to be meet the requirements of § 1910.106(d). of wipes under federal regulations if the located at least 50 feet from the facility’s Metal containers and portable tanks accumulation condition is being met- property line and special requirements meeting Department of Transportation that is, the wipes are kept in a non- exist for incompatible wastes. standards (see 49 CFR parts 173 and leaking covered container. Because the b. Other Options 178) are acceptable. Section 1910.106 wipes would be solid waste but not also specifies standards for the areas Accumulation Time Limit hazardous waste, RCRA hazardous where containers holding flammable waste accumulation times would not EPA is also considering including a liquids are to be kept. The requirements apply. condition that establishes a time limit for industrial plants may apply to This condition is designed to prevent for accumulation of solvent- generators or launderers of solvent- releases of solvent while wipes are contaminated disposable wipes at a contaminated industrial wipes because being accumulated for shipment. EPA generator facility, so they cannot be kept the regulations apply to the portions of believes that accumulating solvent- on site indefinitely without an industrial plant where the ‘‘use and contaminated industrial wipes in management. This condition would be covered containers is a responsible way that solvent-contaminated disposable 7 Flammable liquids are defined as any liquid to manage them to prevent loss of wipes wipes being accumulated at the having a flash point below 100° F (37.8° C) or higher, the total of which make up 99 percent or and solvent, and represents good generator under the conditions more of the total volume of the mixture. Several management practices for this material, proposed today must also follow the solvents that are either listed or characteristic as well as good housekeeping. The accumulation time limits in 40 CFR hazardous wastes and are used in conjunction with condition may also help to prevent the 262.34 that are applicable for their wipes also meet the definition of a flammable liquid (such as acetone, ethyl acetate, ethyl benzene, risk of fires, the most common damage generator category (i.e., 90 days for large methyl ethyl ketone, petroleum naphtha). reported from mismanagement of quantity generators (LQGs) and 180 days 8 Combustible liquids are any liquids having a solvent-contaminated wipes, and would for small quantity generators (SQGs)). In flash point at or above 100° F (37.8° C).

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handling of flammable and combustible option of adding an accumulation time exposed surface area and, thus, liquids is incidental to the principal limit to this accumulation condition. In minimize evaporative loss and, business (e.g., solvents used for cleaning addition, we seek comment on the provided no free liquids were present, presses at printing facilities).’’ At desirability of deferring to OSHA as required, may not release liquid industrial plants, flammable liquids regulations for the proper storage of solvents. We would consider hazardous must be stored in tanks or closed solvent-contaminated wipes on site at a solvents that are spilled or leaked containers, defined as a container that is generator’s facility. during transportation to be disposed sealed with a lid or other device to and those managing the industrial wipes prevent the release of liquids or vapors 3. Proposed Conditions for Containers at the time the spill occurred would be at ordinary temperatures Used for Transportation responsible for managing the spilled (§ 1910.106(a)(9)). a. Proposed Condition hazardous waste according to generally Storage of spent solvent wipes that We are proposing a condition for applicable RCRA requirements. The contain a negligible amount of solvents containers generators use to transport excluded industrial wipes would may be addressed under OSHA’s solvent-contaminated industrial wipes remain excluded if the spill were regulations at 29 CFR 1910.106 off site under the conditional exclusion managed properly and promptly. (e)(9)(iii), which describe general Generators would also have to comply from the definition of hazardous waste. housekeeping measures for with the existing DOT standards.9 EPA This condition is to ensure that ‘‘combustible waste material and believes that the ‘‘designed, constructed, transporting industrial wipes without residues’’ and residues of flammable and managed to minimize loss to the full RCRA hazardous waste liquids, combustible waste material and environment’’ condition is necessary requirements will still protect against residues in a building or unit operating because the DOT regulations may not be any risks posed by these materials to area. These standards specify that these applicable to all solvent-contaminated human health and the environment. materials are to be (1) kept to a wipes if they do not meet certain DOT Under this proposal, generators must minimum; (2) stored in covered metal definitions, such as ‘‘solids containing receptacles; and (3) disposed of daily. transport industrial wipes in containers flammable liquid.’’ Proposing this However, these standards may not apply that are designed, constructed and performance standard ensures that the to solvents if they do not meet OSHA’s managed to minimize loss to the container condition would apply to all definition of flammable liquid, although environment. In proposing this solvent-contaminated industrial wipes they may still be hazardous waste under condition, EPA intends for transporters to which today’s proposal applies. RCRA. to use containers that do not leak EPA’s condition for transportation We believe that OSHA requirements liquids and that provide for control of does not specify that the containers would be applicable in some situations air emissions. This condition is must be closed (i.e., containers with lids involving solvent-contaminated designed to minimize loss of solvent to screwed on). Nevertheless, EPA believes industrial wipes and that those the environment during transportation that closed containers would minimize generators following OSHA’s and, therefore, minimizes risk as well. loss to the environment. We do not requirements would be managing their Minimization of loss through expect that open containers would meet wipes in a protective manner. Another evaporation or leakage also makes it the performance standard due to the advantage of using the OSHA standards more likely that larger quantities of potential for wipes and/or solvent to be would be that many generators are solvent will be recycled or properly released from the container if an open already familiar with these standards. managed. container tipped over during These standards would not, therefore, EPA has chosen to propose a transportation. We also do not believe complicate implementation of the condition designed as a performance that containers that are open to the conditional exclusion. standard for this condition because it environment would minimize other However, it appears there would be provides industry the ability to be losses, such as evaporative losses. gaps in coverage if we relied strictly on creative in developing less expensive deferring to OSHA regulations. For ways to reach a desired outcome. b. Other Option example, the OSHA container standards Because there are several common ways Closed Containers industrial wipes are presently may not apply to contaminated wipes EPA is also considering an alternative transported that meet this description, with no free-flowing liquids or when option of requiring all generators of wipes are contaminated with non- such as in drums and in plastic bags, flammable solvents and, therefore, EPA determined that a performance 9 DOT’s Hazardous Materials Regulations (HMR) OSHA regulations may not cover every standard would be a more flexible way state that any person who offers a material for workplace that RCRA does. Note, to ensure protective management than transportation in commerce must determine establishing specific conditions that whether the material is classified as a hazardous however, that if generators meet the material. Typically, reusable solvent-contaminated OSHA standard for flammable liquids might unintentionally force the use of wipes are classified as ‘‘solids containing (whether or not that standard is specific containers or types of flammable liquid, n.o.s.’’ (see 49 CFR 172.101). applicable to them under OSHA), they containers. A performance standard Under 49 CFR 172.102, Special Provision 47 allows will meet the condition proposed here. allows for use of a wide variety of mixtures of solids not subject to regulation as a containers so generators could continue hazardous material and flammable liquids to be c. Request for Comment transported under the generic entry ‘‘solids with current practices where containing flammable liquid, n.o.s.’’ without first We request comment on our proposal appropriate. For example, we would applying the classification criteria of Division 4.1 for accumulating spent reusable solvent- consider containers that meet DOT Flammable Solids, provided there is no free liquid visible at the time the material is loaded or at the contaminated industrial wipes in non- packaging requirements for hazardous time the packaging or transport unit is closed. All leaking, covered containers while at the materials to meet the proposed packaging must correspond to a design type that has generator’s facility. We also seek performance standard, as would closed, passed a leak proof test at the Packing Group II comment on whether wipes are sealed, impermeable containers. Plastic level. Containers which are authorized for transporting hazardous materials in Packing Group accumulating at generator sites in large bags or cloth bags that were cinched II are listed under 49 CFR 173.212 and include, numbers that may pose a risk to human shut might also meet this condition. among other things, steel, aluminum, or plastic health and the environment and on the Closed cinched bags would minimize drums and plastic or cloth bags.

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solvent-contaminated industrial wipes wipes stating that they are excluded 5. Proposed Condition for to transport them in impermeable closed from the definition of hazardous waste Transportation to a Municipal or Other containers. By closed containers, we may benefit the generators of these Non-Hazardous Landfill specifically mean containers with a lid wastes by eliminating questions from a. Proposed Condition that screws on to the top and must be facilities receiving the waste, such as sealed to be considered closed. Some landfills or combustors, who may The conditional exclusion from the stakeholders have expressed concern recognize that there are solvents in the definition of hazardous waste for that those transporting industrial wipes waste and may be reluctant to accept the disposable industrial wipes proposed would not be able to determine if the excluded industrial wipes before getting today would allow generators to industrial wipes met the ‘‘no free an assurance that they are not hazardous transport certain disposable solvent- liquids’’ or the ‘‘dry’’ condition without waste.10 contaminated industrial wipes to having to further handle the container municipal or other non-hazardous waste A labeling condition would not add 11 and wipes. Unsealing these containers landfills for disposal instead of to significant burden as existing regulatory hazardous waste landfills when the each time a wipe is placed into the programs administered by EPA, DOT, container and to make the no free conditions of the exclusion are met. and OSHA already prescribe labeling EPA does not believe that other forms of liquids determination would be time requirements for containers, both in consuming and would expose more of land management, such as management storage and transportation. in a waste pile or surface impoundment, the solvents to the air than opening a Environmental Protection (40 CFR parts covered container. In addition, are being applied to this waste stream. 260 through 265), Transportation (49 We, therefore, limited this proposed stakeholders argue that, if the CFR parts 171 through173), and Labor hazardous waste exclusion to land transporters of the wipes are unable to (29 CFR 1910.1200) regulations all disposal of wipes in municipal or other determine at the time of pick-up contain sections pertaining to the non-hazardous waste landfills. A whether there are free liquids in the management of hazardous waste, condition for disposal is that the container, this may result in an including labeling requirements. Most industrial wipes contain no more than unnecessary burden falling on the of these labeling requirements refer to five grams of solvent per wipe, as handlers if noncompliant wipes arrive the DOT regulations found in 49 CFR explained in detail below. at their site. We believe the approach 172. A variety of hazardous solvents Because of risk concerns, EPA is also taken in today’s proposed regulation may be used with industrial wipes, so proposing that industrial wipes addresses these concerns and will DOT has a number of specific hazardous contaminated with the specified F- or U- ensure protection of human health and waste regulations, including labeling listed solvents in Table 4 or that are the environment. requirements, that apply to them. characteristically hazardous for other hazardous constituents, such as metals, c. Request for Comment b. Other Option cannot be disposed in municipal or We request comment on our proposed No RCRA-Specific Labeling Condition other non-hazardous waste landfills. performance standard and on the other EPA has tentatively concluded that the option described above for containers Another option we are considering is solvents listed in Table 4 below may used for transporting reusable solvent- not imposing a specific labeling pose a substantial hazard to human contaminated industrial wipes. condition. Under this approach, health and the environment if wipes 4. Proposed Labeling Condition for designation of the disposable industrial containing them were disposed in such Containers Used To Transport wipes as hazardous materials under landfills. If land disposed, industrial Disposable Wipes DOT regulations might still require wipes contaminated with these solvents placarding or other marking for a. Proposed Condition would have to continue to be managed transportation of some fraction of these in full compliance with the RCRA EPA is proposing as a condition of the materials, as described previously. subtitle C hazardous waste management exclusion from the definition of However, for the reasons explained standards. Because of the risk concerns, hazardous waste that generators must above, we do not expect that the DOT this condition applies to any blends that appropriately label containers used to provisions would apply to all solvent- contain a percentage of these solvents. transport disposable industrial wipes contaminated industrial wipes covered containing hazardous solvents. This by today’s proposal and, therefore, TABLE 4.—LISTED SOLVENTS NOT condition is meant to alert anyone would not be applicable to all industrial ALLOWED IN MUNICIPAL LANDFILLS handling the materials of what is wipes covered by today’s proposed rule. enclosed in the container so that proper c. Request for Comment Benzene* 2-Nitropropane handling (or inspection) may occur. We Carbon tetrachloride* Nitrobenzene are proposing to impose a labeling The Agency requests comment on Chlorobenzene* Pyridine condition that would require the today’s proposal and the non-RCRA Cresols (o,m,p)* Tetrachloroethylene* containers used to transport solvent- labeling condition. In particular, is a Methyl ethyl ketone Methylene chloride contaminated industrial wipes for (MEK) labeling requirement necessary, and, if Trichloroethylene disposal to be marked ‘‘Excluded so, is there a label that is more Solvent-Contaminated Wipes.’’ This appropriate, easier to understand, and/ Nine of the solvents in Table 4 are condition is comparable to the used oil or easier to implement than that being characteristically toxic (TC), as defined designation labeling requirement in 40 proposed? in 40 CFR 261.24. Of these nine, six (as CFR part 279. noted by an asterix: ‘‘*’’) are ineligible This is a simple, straight-forward 10 As will be noted later in today’s preamble, a for disposal in a municipal or other non- approach for labeling and would similar labeling requirement is not being proposed hazardous waste landfill because they indicate the status of the materials to for reusable industrial wipes that are sent for reclamation/laundering or dry cleaning. The generators, workers, and downstream Agency believes such a requirement is not 11 See footnote to Table 3 for explanation of the handlers. In addition, a label on necessary for reusable industrial wipes. For further use of non-hazardous waste landfill in today’s containers of disposable industrial discussion, see Section V.C.5. Preamble.

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meet the toxicity characteristic, not they were originally identified by EPA were indicated in the risk screening because of the results of EPA’s risk as TC wastes. assessment to pose an unacceptable risk screening analysis. EPA’s analysis finds We are proposing that the remaining (methyl ethyl ketone, nitrobenzene, and that even when they have been through five solvents in Table 4 also be pyridine). an advanced solvent-extraction process restricted from disposal in municipal or Table 5 contains the 19 listed solvents and contain less than five grams of other non-hazardous waste landfills that were evaluated in the risk screening solvent, the levels of these solvents in because EPA’s risk screening analysis contaminated industrial wipes are likely indicates that they may pose an analysis and that would be allowed, to be higher than the regulatory levels unacceptable risk to human health and under this proposal, to be disposed of in indicated in 40 CFR 261.24. Therefore, the environment when disposed of at a municipal or non-hazardous waste these TC solvents are ineligible for levels lower than the 5-gram condition landfill if they meet the ‘‘dry’’ disposal in municipal and other non- described in detail below.12 Included in condition. Also see Section VII for hazardous waste landfills because of these five are three solvents that both additional details on the results of our their potential risk, as determined when meet the toxicity characteristic and that risk screening analysis.

TABLE 5.—LISTED SOLVENTS THAT MAY BE DISPOSED OF INAMUNICIPAL LANDFILL UNDER TODAY’S PROPOSAL

Ethyl Ether Carbon Disulfide Isobutyl Alcohol 1,2-Dichlorobenzene Acetone Xylenes Ethyl Acetate 1,1,2-Trichlorotrifluoroethane Methanol Cyclohexanone Trichlorofluoromethane 1,1,1-Trichloroethane Butanol 2-Ethoxyethanol Methyl Isobutyl Ketone 1,1,2-Trichloroethane Toluene Ethyl benzene Dichlorodifluoromethane

Generators transporting their • Sample to measure the amount of solvents contained in industrial wipes disposable industrial wipes to a solvent remaining on wipes when use is cannot be disposed of in municipal or municipal or other non-hazardous waste completed. other non-hazardous waste landfills. For landfill must ensure that the wipes are EPA is proposing that generators example, should solvents which exhibit ‘‘dry.’’ For purposes of this proposed using advanced solvent-extraction the characteristic of toxicity, but which rule, an industrial wipe is considered technologies will be considered to have were not found to pose a significant risk ‘‘dry’’ when it contains less than 5 met the ‘‘dry’’ condition because EPA in our risk screening analysis for today’s grams of solvent. EPA chose 5 grams to believes that when properly operated proposal, be prohibited from being sent be the standard for this condition these technologies will remove to municipal or other non-hazardous because it falls within the range found sufficient solvent to meet the 5-gram waste landfills? in our risk screening analysis to not condition. For example, with respect to EPA is also requesting comment on pose a substantial hazard to human centrifuge effectiveness, our evaluation what other high-extraction technologies health and the environment. This is also of existing centrifuges from site visits not mentioned in this preamble could within the range of what is achievable and data provided by industry shows be used to meet the ‘‘dry’’ condition. through use of advanced solvent- that well-operated centrifuges result in Although we do not intend to extraction processes. Generators can wipes that contain less than 5 grams of promulgate a list of the only acceptable meet this condition either by using less solvent per wipe. We have found that technologies, information on those that than five grams of solvent per wipe or the other high-performance processes are appropriate for meeting the standard by putting used industrial wipes have the same or greater rate of success may be useful for future guidance. through an advanced solvent-extraction at removing solvents. Therefore, if a In addition, as discussed in Section process capable of removing sufficient generator uses one of these advanced VII, our risk screening analysis solvent to meet the 5-gram condition. solvent-extraction technologies on identifies industrial wipes that pose an Generators can do the following to meet industrial wipes, they would qualify for insignificant risk when disposed of in the ‘‘dry’’ condition: the hazardous waste exclusion. Using municipal or other non-hazardous waste • business records to calculate the average landfills even though they contain Remove excess solvents by solvents that meet the ‘‘no free liquid’’ centrifuging or other high-performance amount of solvent on each wipe would also be an acceptable way of assuring condition, rather than the more solvent-extraction or -removal stringent 5 gram condition (or ‘‘dry’’ technology, for example, microwave that each wipe would have less than 5 grams of solvent on it. Finally, EPA condition). Nevertheless, to simplify the solvent recovery processes or the Petro- rule, we chose to propose that all 13 considers sampling, when done Miser or Fierro processes; industrial wipes containing solvents • properly using representative samples, Use normal business records, such to be an appropriate way of that can be landfilled under this as the amount of solvent used per demonstrating that a standard is being proposal would be required to meet the month for wiping operations divided by met. ‘‘dry’’ condition prior to being allowed the number of wipes used per month for to be shipped to municipal or other non- solvent wiping operations, to show they b. Request for Comment hazardous landfills. The Agency are under the threshold; EPA is requesting comment on its requests comment as to whether we • Conduct sampling to measure the proposed ‘‘dry’’ condition. Comments should allow industrial wipes amount of solvent applied per wipe are requested particularly on our containing solvents that pose before use; or preliminary decision that certain insignificant risk when meeting the ‘‘no

12 Methyl Isobutyl Ketone (MIBK) was also found continues to display its characteristic, a wipe 13 Descriptions of these technologies are found in to be ineligible by the risk screening analysis, but containing it can be disposed of in a municipal or the Technical Background Document. Mention of because MIBK is listed for its characteristic of other non-hazardous waste landfill if it meets the these processes is for descriptive purposes only and ignitability and, therefore, when mixed with solid other requirements. is not an endorsement of the products themselves. waste, is no longer hazardous waste unless it

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free liquids’’ condition to be placed in One concern certain stakeholders ‘‘no free liquids’’ condition. Some states municipal or other non-hazardous waste have expressed with this proposed favor this approach, as it may minimize landfills without being required to meet condition is that once in a container, the chance for later solvent releases. the ‘‘dry’’ condition. either at the generator site or in transit, They argue that this condition may Finally, we are requesting comment industrial wipes can compress and result in better solvent management and on whether solvent-contaminated solvent can percolate through them, less frequent receipt of free liquids at industrial wipes meeting the ‘‘dry’’ collecting at the bottom of a container. handling or combustion facilities. This condition should be required to meet This means that, while there may not approach differs from what we are the transportation requirements for have been free liquids in the container proposing in that it would require that wipes described in section V.B.3. The at the generator site, some may be each wipe could not drip solvent when rationale for not specifying generated during transportation. EPA hand wrung. Some stakeholders argued transportation standards would be that believes that generators can take steps to that such a requirement would be a the level of solvents escaping would be minimize percolation by using less substantial change from current state insignificant if the industrial wipes solvent or by recovering solvent from policies on free liquids and would be were to contain less than 5 grams of wipes before they are transported. burdensome for generators to solvent each. This option would However, EPA acknowledges that in implement. They also argue that this increase relief for generators whose some cases percolation can result in free would expose wipes to the air more wipes meet the ‘‘dry’’ condition, but liquids at the bottom of a container. than necessary and, in essence, would would complicate implementation of Because of percolation effects, the require that the wipes be wrung the rule both for regulators and proposed rule contains the provision immediately prior to placement on the generators. that, if free liquids are discovered at the shipping vehicle, further burdening handling/combustion facility, the generators. Based on these concerns, we 6. Proposed Condition for solvent-contaminated wipes would are not including ‘‘when wrung’’ as part Transportation to Non-Land Disposal remain excluded from the definition of of the ‘‘no free liquids’’ condition in this Facilities hazardous waste as long as the handler proposal, but are seeking information on a. Proposed Condition either removes the solvent and manages whether the benefits of an extra step of it appropriately, or returns the shipment solvent removal at the generator EPA is proposing a ‘‘no free liquids’’ to the generator as soon as reasonably outweigh the limitations of these condition to apply to solvent- practicable, as described in Section concerns. contaminated industrial wipes going for V.B.10.a. However, if solvents escaped disposal at a non-land disposal unit the container as a result of percolation, c. Request for Comment such as a municipal waste combustor the container would not meet the We request comment on our proposed (MWC) or other combustion unit ‘‘minimize loss’’ condition described ‘‘no free liquids’’ condition and our (circumstances when the industrial above. Similarly, the mismanagement of decision not to propose a ‘‘no free wipes are used as a fuel are included) the free solvents by the handler, either liquids when wrung’’ condition. or to solvent-contaminated industrial by illegal disposal or other means, wipes sent to an intermediate handler d. How Can Generators Meet the ‘‘No would be a violation of the conditions Free Liquids’’ Condition? for further processing to meet the ‘‘dry’’ of the exclusion. Because the generator condition for disposal in a municipal or is originally responsible for the Presently, state agencies have other non-hazardous waste landfill. This existence of free liquids in the wipes, it established several methods for final case would apply to a generator would also be potentially responsible verifying compliance with state- who wants to send its solvent- for the wipes having lost the exclusion imposed ‘‘no free liquids’’ standards for contaminated industrial wipes to a at the handler despite the wipes being a container or individual wipe. The landfill, but does not want to be out of the generator’s control at that majority of states require the use of the responsible for making them meet the moment. Paint Filter Test (SW–846 Method 9095) ‘‘dry’’ condition. The generator could Note that handlers/combustors would though other specified methods include send them to an intermediate handler be required to determine whether the the Liquids Release Test (SW–846 under the ‘‘no free liquids’’ condition solvent which has been removed from Method 9096), and the Toxicity and contract with that handler to the industrial wipes is listed as a Characteristic Leaching Procedure remove enough solvent that the wipes hazardous waste or exhibits a (TCLP) (SW–846 Method 1311). The would meet the ‘‘dry’’ condition. This characteristic of a hazardous waste as Commonwealth of Massachusetts has condition is meant to minimize the defined in 40 CFR part 261. Any established a ‘‘one drop’’ standard, likelihood of loss of solvent into the hazardous waste solvent removed from where generators must ensure that the environment, as well as to encourage the wipes would have to be managed in wringing of a wipe will not result in a solvent recovery and pollution accordance with hazardous waste drop of liquid flowing from the material. prevention by generators. requirements found at 40 CFR parts 260 We understand that, although these are In developing the ‘‘no free liquids’’ through 268 and 40 CFR part 270. In by no means the only ways of meeting condition, EPA hopes to make it simple addition, for purposes of this proposed the ‘‘no free liquids’’ condition, if enough that both generators and regulation, techniques or technologies generators meet any of these state handlers of the materials, as well as used by generators to remove solvent standards or if they hand wring wipes, regulatory officials, would easily be able from the wipes would not be defined as it is unlikely that the ‘‘no free liquids’’ to verify that free liquids have been treatment under RCRA and, therefore, condition proposed today would be removed from the industrial wipes. For would not be subject to RCRA violated. wipes to meet the ‘‘no free liquids’’ permitting (see Section V.B.8. for further In this proposal, EPA intends for condition, no liquid solvent could drip discussion). compliance with the ‘‘no free liquids’’ from them when sent off site. In condition to be determined by a addition, no free liquids may be present b. Other Option practical test. That is, does a wipe drip in the bottom of the container in which EPA is considering a ‘‘no free liquids liquid from it when held for a short the wipes are transported. when wrung’’ condition instead of the period of time, for example, when being

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transferred from one container to e. Request for Comment 8. Generators That Remove Solvent another? One way a facility or an From Industrial Wipes EPA is taking comment on our inspector could test for compliance with a. Regulatory Status of Removed Solvent this condition would be to place two proposed approach to determining if the containers adjacent to one another and ‘‘no free liquids’’ condition is met. Are Any solvent removed from an to transfer wipes from one container to there other approaches EPA should have industrial wipe by a generator may be the other. If they drip liquid during considered in this proposal? The subject to regulation as a hazardous transfer, or if there are free liquids in the Agency also solicits comment on the waste. Therefore, the generating facility bottom of the container, they would not printing industry’s suggestion that the would be required to determine whether meet the ‘‘no free liquids’’ condition. final rule should specify a list of the solvent removed from the industrial Generators and inspectors would have technologies that would be considered wipe, if it is not reused, is listed as a to make sure they are checking the to meet the condition to assist in the hazardous waste or exhibits a industrial wipes at the bottom of implementation of and compliance with characteristic of a hazardous waste as containers, as well as at the top for this rule. defined in 40 CFR part 261, and, if so, release of free liquids because manage the solvent according to percolation could cause solvents to sink 7. ‘‘Exotic’’ Solvents prescribed RCRA regulations under 40 CFR parts 260–268 and 270. and saturate the wipes at the bottom of In the process of developing this any given container. Facilities could proposed rulemaking, the Agency has b. Regulatory Status of Solvent Removal also check for compliance with the learned that there are new, ‘‘exotic’’ Technologies condition by using screen-bottomed solvents on the market, such as terpenes drums and checking the bottom portion Under today’s proposed exclusion and citric acids, that, while labeled as of the drum for liquid solvent. from the definition of hazardous waste, As stated above, rather than checking non-hazardous, could actually be the solvent-contaminated wipes would all wipes for free liquids, generators flammable. Although the solvents do not be hazardous waste at the time they could hand wring wipes before not exhibit the ignitability characteristic undergo solvent-removal. Therefore, placement in containers or send wipes in 40 CFR 261.21, stakeholders have solvent removal technologies would not through a mechanical wringer, told us that, under certain conditions be considered treatment of hazardous centrifuge, or use any other effective that have yet to be determined, oxygen waste under RCRA and such operations, method as a way to ensure that free can mix with the industrial wipes that whether they be conducted by liquids are not present. Stakeholders contain these exotic solvents and generators or handling facilities, would from the printing industry have spontaneously combust. According to not be considered to be treating recommended to EPA that we specify a some representatives of industrial hazardous waste and would not require list of acceptable technologies that laundries and fire marshals, resulting a RCRA permit. Because under today’s would meet the ‘‘no free liquids’’ fires have caused major damage to proposed rule solvent extraction would condition for the proposed exclusion facilities. Some stakeholders have not trigger RCRA treatment standards, from the definition of hazardous waste, suggested that EPA propose that generators may be more likely to recover and that we also specify the above generating facilities be allowed to solvent for reuse and reduce the amount performance standard as a catch all to transport their industrial wipes off site of solvent that they purchase. account for new technologies that are with free liquids if the facility is using 9. Proposed Conditions for Intra- developed in the future. Printing one of these ‘‘exotic’’ solvents that could Company Transfers industry stakeholders believe this react or spontaneously combust, so that a. Proposed Condition option would clarify for them and other generators can wet down the wipes with industrial sectors those technologies water prior to sending them off site. Several stakeholders, particularly that would pass the ‘‘no free liquids’’ They explain that this is consistent with those who use large numbers of wipes performance standard so that no what laundries do now with their daily with large amounts of solvent on uncertainty exists on the part of either customers. each wipe, would like the flexibility of generators or EPA and state inspectors. not having to meet the ‘‘no free liquids’’ We request information and While understanding generator condition when transferring their wipes comments on these ‘‘exotic’’ solvents concerns, EPA is not proposing in off site to an intra-company facility that today’s Federal Register specific and how they are presently managed. would extract the solvents from the regulatory language which identifies We would like to know which solvents wipes. Several states already allow these those technologies that would that would currently be considered kinds of transfers to be made when both presumptively meet the ‘‘no free hazardous wastes are viewed as the generating facility and the extracting liquids’’ condition. Nevertheless, the ‘‘exotic’’ and for which solvents facility are part of the same company. Agency provides some discussion of the commenters believe a ‘‘no free liquids’’ Under the proposed condition, the specific technologies EPA has examined condition would be problematic. We extracted solvent at this point could that can reduce the amount of solvents request information on documented either be returned to the originating in industrial wipes to meet the ‘‘no free cases of combustion caused by a lack of customer or sold to another liquid’’ condition both in this Preamble free liquids. We also request comments manufacturer for reuse as a feedstock in and in the Technical Background on whether the final rule should give a manufacturing or service operation. Document for this proposal. containers with wipes contaminated Alternatively, when the economics of Generators also have the option to use with exotic solvents special solvent recycling are not favorable, the their knowledge of their processes to consideration, particularly, allowing the extracted solvents could be disposed of determine that their wipes contain no solvents to be wetted down with water as a hazardous waste. free liquids. For example, a generator during accumulation and transportation To encourage reclamation and may know that a certain process and, further, what other conditions recycling of the solvents in the wipes, requires only small amounts of solvent should be placed on management of today we are proposing to allow on each wipe and, therefore, free liquids these materials if special consideration industrial wipes to qualify for the are unlikely to be present. were to be given. exclusion from the definition of

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hazardous waste if the generator company. Communication is likely to be provision than the intra-company transfers solvent-contaminated better between the entities transporting provision would allow and may industrial wipes containing free liquids and receiving the waste if they are in encourage more use of advanced between their own facilities and if the one company, as would oversight over solvent-extraction technologies on these receiving facility has a solvent- the entire generation, transportation, materials resulting in more potential extraction and/or -recovery process that and recovery system to ensure that recovery and reuse of solvents. EPA did will remove sufficient solvent to ensure solvents are being recovered. not propose this option because it the wipes meet either the ‘‘dry’’ Several potential benefits to allowing believes currently that intra-company condition or the ‘‘no free liquids’’ such shipments under the conditional transfers would maintain better control condition. Generators taking advantage exclusion from hazardous waste include of the industrial wipes during of this part of the rule could then use the additional opportunities for transportation and would better prevent one piece of solvent-extraction increased recycling because some releases than transfers between different equipment to serve industrial wipes generating facilities would find companies. However, we request from several of the company’s recycling solvent more convenient when comment on this premise and this generators. EPA hopes that allowing not having to meet the ‘‘no free liquids’’ option for transfer of industrial wipes. intra-company transfers of free liquid condition. As stated elsewhere in this c. Request for Comment under these conditions would proposal, several technologies already encourage companies to obtain exist to extract and/or recover the spent EPA seeks comment on whether intra- advanced solvent recovery equipment solvent contained on industrial wipes company shipments of industrial wipes that they would not purchase for use at both economically and safely. In containing free liquids should be just one of their facilities. addition, there are likely to be allowed under the conditions of the Of course, to be eligible for the environmental benefits because solvent exclusion from the definition of exclusion from the definition of that would have been sent to hazardous waste and whether this hazardous waste, the industrial wipes combustion or disposal in a landfill provision would be likely to facilitate must meet the other conditions would be recovered and reused. the recovery of hazardous solvents. described in this notice. Specifically, As stated above, we seek comment on the generators would be required to b. Other Options whether EPA should consider parent manage the wipes and free liquids in the Additional Conditions for Intra- companies, subsidiaries, and affiliates same way as they would when they are Company Transfers as eligible for the intra-company transfer under the hazardous waste exclusion. provision. EPA also seeks comment on On the basis of discussions with state They would be required to accumulate whether the intra-company transfer implementors and stakeholders, EPA is the wipes and solvents in non-leaking provision should include a distance considering adding conditions to this covered containers and to transport the limit, such that only facilities shipping provision in the proposed rule. industrial wipes in containers that are their wipes and solvents the prescribed Specifically, we are considering: designed, constructed and managed to distance or less would be eligible for the minimize loss to the environment and (i) Requiring a one-time notification to the state to alert the state that the intra-company transfer option. labeled ‘‘Excluded Solvent- EPA also seeks comment both on Contaminated Wipes.’’ EPA is proposing generator is taking advantage of the intra-company transport allowed under whether the additional conditions the same performance standards as for discussed in Section V.B.9.b. should be wipes meeting the ‘‘dry’’ and the ‘‘no this exclusion; (ii) Maintenance of appropriate included and also on whether we free liquids’’ conditions, but note that should expand the provision to allow because of the free liquids transported business records that identify where the industrial wipes are being managed and industrial wipes, under the conditional with these wipes, not all types of exclusion from hazardous waste, to be containers are likely to be appropriate where the recovered solvent is being sent; sent with free liquids to third-party (e.g., cloth bags are not likely to solvent-extraction facilities. minimize loss for wipes containing free (iii) Compliance with RCRA’s liquids). The solvent, once extracted, employee training and emergency 10. Proposed Conditions for would have to be managed as a RCRA response requirements in 40 CFR part Management at Handling Facilities 262, and hazardous waste if going to disposal. In a. Proposed Conditions the end, we believe this option would (iv) Transfer of the industrial wipes result in substantial savings for with free liquids in closed (i.e., sealed) Of all the handlers, generators have generators of solvent-contaminated containers. the primary responsibility for assuring that the industrial wipes they transport industrial wipes, as well as in increased Inter-Company Transfers solvent recovery by generators. off site meet the conditions for the As stated above, generators can only Some stakeholders have also hazardous waste exclusion, but non- take advantage of this condition when suggested that EPA propose to allow landfill facilities which receive the handling facility is in the same transfers of solvent-contaminated disposable industrial wipes, such as company as the generator. EPA is industrial wipes with free liquids combustors or handling facilities that seeking comment on whether intra- between companies for solvent perform further solvent removal, would company transfers should include extraction. This option would allow also need to meet certain minimum affiliates, subsidiaries, and parent generators to ship solvent-contaminated conditions for the wipes to remain companies as eligible for this provision. industrial wipes with free liquids to any excluded from the definition of EPA is making this condition facility if the receiving facility uses hazardous waste. First, during the time applicable to just intra-company solvent extraction to remove enough between when the wipes arrive on site transfers because the Agency believes solvent from the industrial wipes for and when the facility first introduces the management of the free liquids in them to meet the ‘‘no free liquids’’ them into their process (e.g., when the transportation to prevent loss or spills is condition required for shipment to a wipes are removed from their container likely to be more comprehensive when laundry. This option would allow more and placed in a solvent-extractor), these the whole transaction occurs within one facilities to take advantage of this facilities must store solvent-

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contaminated industrial wipes either (a) condition should be required, as in the hazardous waste. Facilities managing in containers that are designed, case of some other conditional these wipes would have to ensure that constructed, and managed to minimize exclusions, to submit a notification to the wipes remain in containers that loss to the environment that would meet the state or EPA region implementing meet today’s proposed transportation the transportation conditions in today’s RCRA to inform them that the ‘‘no free condition until they enter the proposal, or (b) in non-leaking covered liquids’’ condition had not been met. combustion process. Also, if a containers that would meet the combustion facility finds wipes with 11. Management of Industrial Wipes generator conditions in today’s free liquids when it initiates processing Containing Co-Contaminants proposal. of the wipes, like other handlers, it The second condition is that if Today’s proposed rule is not intended would have the choice of removing the facilities (other than those intra- to override EPA’s mixture and derived- free liquids and managing them as a company facilities where solvent is from rule regarding contaminants on hazardous waste or closing the removed) receive solvent-contaminated industrial wipes other than the solvents container and sending the wipes back to industrial wipes with free liquids, in specified in this proposal. In addition to the originating generator. When order to retain the exclusion from the these solvents, spent industrial wipes returning the wipes and liquid to the definition of hazardous waste for the from industrial applications may be generator, the combustor would have to wipes, the facility would be required to contaminated with material removed transport them in containers that meet either (a) return the container (with the during the industrial process—anything the original shipment condition, but wipes and liquid) to the generator as from dirt and grease to listed hazardous would not need to use a hazardous soon as reasonably practicable (e.g., wastes. The presence of these co- waste manifest. with the next scheduled delivery), or (b) contaminants may make the industrial recover any liquid solvent that arrives at wipes subject to the hazardous waste b. Basis for Condition the facility and properly manage it mixture rule (40 CFR 261.3(a)(2)(iv)), Allowing combustion of industrial under federal or state hazardous waste which states that a mixture made up of wipes in municipal waste combustors regulations, as applicable. When any amount of a nonhazardous solid (MWCs) and other non-hazardous waste returning the wipes and liquid to the waste and any amount of a listed combustion units, such as commercial generator, the facility would have to hazardous waste is a listed hazardous and industrial solid waste incinerators transport them in containers that meet waste. Therefore, if the wipe contains a (circumstances when the industrial the original shipment condition, but listed waste other than the identified wipes are used as a fuel are included) would not be required to use a solvents, it would still be considered a hazardous waste manifest. is a viable alternative for managing listed hazardous waste and would no conditionally-excluded industrial The objective of this condition is to longer be eligible for the conditional address situations where free liquids wipes. First, combustion facility exclusion from the definition of owners/operators should be screening arrive with industrial wipes at a hazardous waste being proposed today. handling facility through no fault of the industrial wipes contaminated with Solvent-contaminated industrial hazardous solvents that arrive at their handling facility. A shipment of wipes that exhibit a characteristic of industrial wipes would be considered to facilities to ensure they do not violate hazardous waste due to co-contaminants local permit conditions. In addition, contain free liquids either if solvent also are not eligible for the hazardous drips from the wipes or if there are free these combustors are easily capable of waste exclusion, unless the destroying the solvent in contaminated liquids in the bottom of the container of characteristic is ignitability. industrial wipes. Rather than subject the industrial wipes. As described in more Specifically, EPA is proposing that detail in Section IV.F.11 of the industrial wipes to RCRA hazardous industrial wipes that would exhibit the waste requirements in this situation, Technical Background Document, EPA characteristics of toxicity, corrosivity, or EPA is proposing that they be allowed has promulgated revised air emission reactivity because of wastes with which to be further processed to ensure that requirements under the New Source they are co-contaminated would not be the conditions of the hazardous waste Performance Standards (NSPS) for large eligible for the conditional exclusion. exclusion are met and that removed new and existing MWCs (facilities On the other hand, because the solvents are appropriately managed managing more than 250 tons of waste industrial wipes are already likely to be either by the receiving facility or the per day) and revised NSPS air emission ignitable because of the nature of the original generator. We believe this can requirements for smaller MWCs solvents on them, and because this risk be done safely and we also believe that (facilities managing less than 250 tons of is managed by the conditions of the this will provide additional incentive waste per day). EPA has also exclusion from hazardous waste, wipes for solvent recovery. At any time that promulgated NSPS for commercial and co-contaminated with ignitable waste hazardous solvents are spilled or leaked industrial solid waste incinerators (65 would remain eligible for the exclusion from a barrel of excluded wipes at a FR 75338, December 1, 2000). These if they meet its other conditions. laundry or handling facility, or are NSPS standards for non-hazardous otherwise mismanaged, we would 12. Proposed Conditions for Burning waste combustors provide a level of consider this to be disposal and the Solvent-Contaminated Industrial Wipes protection comparable to the National handling facility managing the solvents in Combustors Emission Standards for Hazardous Air Pollutants (NESHAP) for hazardous would be responsible for cleaning up a. Proposed Condition the spill. waste incinerators and should ensure Based on the results of our risk that at least 99.99 percent of the solvent b. Request for Comment screening analysis discussed in Section in contaminated industrial wipes is EPA seeks comment on the above VII of this preamble, we are proposing removed or destroyed. Also, as stated in conditions for handling facilities that that municipal and other non-hazardous Section VII.C.2., the risk analysis for manage industrial wipes. EPA also waste combustors be allowed to burn this proposal indicated that none of the requests comment on whether handling solvent-contaminated industrial wipes solvents would exceed health facilities receiving shipments of wipes that meet the proposed conditions for benchmarks if the ash were disposed in that do not meet the ‘‘no free liquids’’ the exclusion from the definition of a landfill.

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c. Request for Comment removes solvent from the wipe. EPA because of the flammable nature of We request comment on our approach believes that the conditions for the many of the solvents to which this of allowing solvent-contaminated wipes exclusion from solid waste are proposal applies, proper containers and to be managed in Municipal Waste appropriate because they ensure that the the reduction of free liquids reduces the Combustors and other non-hazardous manner in which generators and fire hazard posed by industrial wipes. waste combustors provided they meet laundries manage these materials is We believe that companies which value the other conditions described in consistent with how companies would their industrial wipes would be likely to today’s Preamble. manage a valuable commodity. For manage them in a manner that protects these reasons, today’s proposed their facility from fire damage and that 13. Disposal of Treatment Residuals exclusion from the definition of solid protects them from loss of value, which From Municipal Waste and Other waste is applicable only to industrial would occur if the wipes were to catch Combustion Facilities wipes that are being reclaimed for reuse on fire. Under today’s proposed rule, when through a cleaning or laundering Some laundries recover solvents from solvent-contaminated industrial wipes process. EPA does not consider other the industrial wipes, but their economic meet the conditions of the exclusion types of recycling or reclamation, such interest lies principally in the wipes from the definition of hazardous waste as blending wipes into a fuel, as being themselves. Management of free liquids before being combusted, they would not eligible for this proposed exclusion from to ensure compliance with pretreatment be considered a hazardous waste. solid waste. Note, however, that as standards established by local sewer Therefore, the mixture- and derived- discussed in Section IV of today’s authorities and to guard against fire from rule does not apply to the ash preamble, any solvent-contaminated hazards could increase overall operating derived from the burning of these industrial wipe which will be reused as costs. However, conditions that ensure materials. In other words, the ash a wipe can be managed under the the use of appropriate containers and generated by a MWC or other conditions for reusable wipes even if it that restrict the amount of solvents combustion facility is a newly-generated was manufactured for one-time use. coming into the laundries, as described waste and is subject to the waste Likewise, any solvent-contaminated above, always enhance the value of identification requirements of 40 CFR industrial wipe not being sent for reuse solvent-contaminated industrial wipes parts 261 and 262. Owners and must be managed as a disposable to the laundries. operators of MWCs and other industrial wipe. combustion facilities must determine EPA believes that the conditions 2. Applicable Solvents whether or not the ash generated at their proposed for management of disposable Unlike the proposed exclusion from facilities exhibits one or more of the solvent-contaminated industrial wipes, the definition of hazardous waste for characteristics of hazardous waste. They described in detail above, in addition to industrial wipes sent for disposal in may do so by knowledge of the wastes ensuring that wipes don’t pose a municipal or other non-hazardous waste they receive and/or generate, coupled substantial hazard, are what generators landfills, which is not applicable to 11 with knowledge of the capability of and handlers would do in handling of the listed solvents, the proposed their combustor facility or by testing. If valuable commodities. Because of this, exclusion from the definition of solid they determine that MWC ash exhibits EPA is proposing many of the same waste is applicable to wipes the hazardous characteristic, the ash conditions for the exclusion from the contaminated with all hazardous must be managed as a hazardous waste definition of solid waste for reusable solvents. The central question in solid in compliance with all applicable wipes as we are proposing for the waste determinations is whether the subtitle C management requirements, exclusion from the definition of material has been discarded and, including the land disposal restrictions. hazardous waste for disposable therefore, because EPA believes reusable industrial wipes. Nevertheless, in industrial wipes containing solvents C. Conditions for the Exclusion From several places where it is appropriate, as would be commodity-like when the Definition of Solid Waste for described below, we are proposing generators meet the proposed Reusable Industrial Wipes different conditions for reusable wipes. conditions, the conditional exclusion This section details a number of 1. Why Is EPA Proposing To Exclude from the definition of solid waste would proposed conditions that specifically Reusable Solvent-Contaminated apply to wipes contaminated with all would ensure that reusable solvent- Industrial Wipes From the Definition of hazardous solvents. Therefore, wipes contaminated industrial wipes are Solid Waste? containing the solvents in Table 4, handled as valuable commodities, such which are not eligible for the exclusion EPA is proposing today to as the condition that industrial wipes conditionally exclude reusable solvent- must not contain free liquids and the from the definition of hazardous waste, contaminated industrial wipes from the container conditions for accumulation, would be eligible for the exclusion from regulatory definition of solid waste. One transportation, and handling of solvent- the definition of solid waste. of the reasons EPA is proposing an contaminated industrial wipes. Solvent 3. Proposed Conditions for Initial exclusion from solid waste for these spillage from free liquids or leaking Storage and Accumulation materials, as opposed to the definition containers would increase the costs of a. Proposed Condition of hazardous waste exclusion proposed managing industrial wipes incurred by for disposable industrial wipes, is that laundries both during transportation The proposed conditional exclusion the Agency believes that reusable and at the cleaning plant, thus from the regulatory definition of solid solvent-contaminated industrial wipes devaluing the overall worth of reusable waste would apply to solvent- are commodity-like. (See Section IV.B.2 industrial wipes. In addition, free contaminated industrial wipes at the for a detailed explanation of the liquids arriving with the wipes would point where the generator ceases using Agency’s basis for this.) Those wipes require laundries to incur the increased them. If the wipes are managed that have had free liquids removed are costs of disposing or otherwise according to the proposed conditions, similar to partially-reclaimed materials managing the contaminated solvents, they are not considered solid waste. because solvent removal, reclamation, again reducing the overall value of the The first condition the industrial laundering or dry cleaning of wipes reusable industrial wipes. Additionally, wipes must meet is an accumulation

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condition. For the exclusion from the b. Other Option outcome. A performance standard definition of solid waste, EPA is As with disposable industrial wipes, allows for use of a wide variety of proposing the same performance-based EPA is considering not requiring a containers so many generators could on site management condition as for the RCRA-specific condition to be met for continue with current practices. For exclusion of disposable industrial wipes accumulation of reusable solvent- example, while we would consider from the definition of hazardous waste: contaminated industrial wipes and closed, sealed, impermeable containers For reusable industrial wipes, the user instead relying on OSHA regulations to meet this condition, plastic or cloth must place them in a non-leaking, and any other applicable statutes. This bags that were cinched shut could also covered container. This condition is option is fully described above in potentially meet this condition. Cinched more fully described above in Section section V.B.2.b. bags would reduce exposed surface area V.B.2. and evaporative loss and, provided no One point that would differ for c. Request for Comment free liquids were present, might not reusable solvent-contaminated We request comment on our proposed allow liquid solvents to leak. However, industrial wipes is that under an condition for accumulating reusable at any time that hazardous solvents are exclusion from the definition of solid solvent-contaminated industrial wipes spilled or leaked during transportation, waste, speculative accumulation would in covered containers while at the we would consider this to be disposal apply for these materials. This means generator’s facility, as well as the option of a hazardous waste and those that in any calendar year, 75 percent of of not proposing a RCRA standard, but managing the industrial wipes at the the material accumulated for recycling relying on the OSHA regulations. time the spill occurred would be must actually be recycled. If this responsible for cleaning up the spill and percentage of recycling is not fulfilled, 4. Proposed Conditions for Containers returning the wipes to compliance with the material becomes classified as a Used for Transportation the conditions of the exclusion (i.e., the solid waste. The speculative a. Proposed Condition performance standard). accumulation provision ensures that For transportation of reusable c. Other Options materials that have been excluded from industrial wipes, we are proposing that For reusable industrial wipes, EPA is the definition of solid waste, such as facilities that transport reusable solvent- considering two alternatives during solvent-contaminated industrial wipes, contaminated industrial wipes off site to transportation: (1) requiring are not collected indefinitely under that an industrial laundry, a dry cleaner, or transportation of the industrial wipes in exclusion instead of being recycled. a facility that removes solvents from impermeable closed containers, or (2) However, because of the business industrial wipes prior to cleaning must the addition of a provision that allows practices between industrial launderers do so in containers that are designed, wipes containing less than five grams of and users of reusable industrial wipes constructed and managed to minimize solvent to be transported without any described above, we believe that loss to the environment; this is the same management standards. excluded reusable industrial wipes will condition we are proposing for EPA initially considered proposing be traveling between users and the disposable industrial wipes that are that all generators of reusable industrial laundries often enough that the conditionally excluded from the wipes would be required to transport speculative accumulation provision will definition of hazardous waste. We them in impermeable, ‘‘closed’’ not be a concern. believe this condition reflects the containers (e.g., containers with the lids Currently, management standards for manner in which a commodity would screwed on). Representatives of the accumulation of reusable industrial be transported because it minimizes the industrial laundries (the Uniform wipes differ from state to state due to possibility that valuable material would Textiles Trade Association) questioned varying state policies. Some states be spilled, lost or damaged during the need to require closed containers require that the reusable wipes be transportation. because they believe it would require handled as hazardous waste prior to This condition is more fully described them to purchase new and larger trucks laundering, some require the use of best above in Section V.B.3. Its main for storage during transit. In addition, management standards or the use of advantage is that it allows for flexibility they expressed concern that those closed containers, and other states while assuring that losses are transporting industrial wipes would not simply exclude reusable industrial minimized. be able to determine if free liquids were wipes from meeting any requirements. present within a closed container with However, some trade associations and b. Plastic and Cloth Bags a lid screwed on without further industrial laundries already encourage Used reusable wipes are often handling of the container and wipes. their members and customers to use transported from the generator to the Unlike checking the bottom of a bag for closed or sealed containers during laundry in either plastic or cloth bags liquids, unsealing these containers storage and transportation of solvent- and throughout the development of this would be time consuming and would contaminated wipes. proposal, there has been much expose more of the solvents to the air. EPA believes that the proposed discussion with stakeholders about the In addition, they argue that if the condition, designed to minimize loss of use of such bags for transportation of transporters of the wipes are unable to solvents into the environment, ensures industrial wipes and for management of determine at the time of pick-up responsible management of the wipes in them once they arrive at the laundry. whether there are free liquids in the a manner that is commodity-like by Stakeholders have asked whether these container, this may result in an preventing the loss of wipes, preventing bags could continue to be used under unnecessary burden falling on the the loss of solvent which could be the proposed exclusion from the handlers were free liquids to arrive at recovered and reused, and protecting definition of solid waste. their site. Based on these concerns, we against risks from fires. At the same EPA has chosen to propose a are not proposing this alternative, but time, by being performance-based, this performance standard for this condition believe the approach taken in today’s approach allows for a wide variety of because it provides industry the ability proposed regulation addresses these containers to be acceptable for to be creative in developing less concerns and will ensure protection of accumulation of reusable wipes. expensive ways to reach a desired human health and the environment.

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The second alternative, regarding the risk of losing valuable wipes as the towels launderers or dry cleaners can allowing wipes that contain less than result of fires caused by ignitable accept on an annual basis for cleaning. five grams of solvent to be transported solvents. Therefore, it may lead to d. How Can Generators Meet the ‘‘No without management controls, is more resource conservation by encouraging Free Liquids’’ Condition? fully described above in section V.B.3.b. recovery of solvent by the generator. The ‘‘no free liquids’’ condition is The measures that a generator can d. Request for Comment more fully described above in Section take to meet a ‘‘no free liquids’’ We request comment on the proposed V.B.6. As mentioned in that section, condition are the same for reusable transportation condition, the solvents removed from wipes are solid wipes as for disposable wipes. For more alternatives considered, and on the wastes and may be characteristic or information on these measures, see ability of cloth bags to meet the listed hazardous wastes and must be Section V.B.6.d. above. proposed performance standard. managed accordingly. e. Request for Comment For reusables going to laundries, dry 5. Proposed Condition for cleaners and industrial wipes handlers, EPA is taking comment on our Transportation to Laundry, Dry Cleaner, we are not proposing a labeling proposed approach to determining if the or Handler condition that parallels the one ‘‘no free liquids’’ condition is being met. a. Proposed Condition described in Section V.B.4. for Additionally, we request comment on disposable industrial wipes. EPA whether there are other approaches EPA Today, we are proposing that decided not to propose a labeling should have considered in this generators meet the ‘‘no free liquids’’ condition in this case because the proposal. condition prior to solvent-contaminated commodity-like nature of reusable 6. ‘‘Exotic’’ Solvents reusable industrial wipes being wipes means that, in general, laundries transported off site to be cleaned for have agreements with their customers In the process of developing this reuse or being laundered on site. This is and already know what is in the proposed rulemaking, the Agency has the same as the condition for disposable containers of wipes that arrive. learned that there are new, ‘‘exotic’’ industrial wipes being transported for Therefore, containers of reusable solvents on the market, such as terpenes disposal at a non-land disposal facility, industrial wipes do not require a label and citric acids, that, while labeled as such as a municipal solid waste to provide this information or to notify non-hazardous, could actually be combustor, and is consistent with what the transporters or laundries how the flammable. Some stakeholders have state programs have required for their wipes should be handled. EPA believes suggested that we propose to allow exclusions for reusable industrial wipes. that because these materials are generating facilities to add water to the For wipes to meet the federal ‘‘no free managed as commodities by the containers used to transport their liquid’’ condition, no liquid solvent generators and the handlers, previously industrial wipes off site when these could drip from the wipes when sent off existing business documents should facilities are using one of these ‘‘exotic’’ site. In addition, no free liquids could provide sufficient information to ensure solvents. For more information on this be present in the bottom of the container proper handling. issue see Section V.B.7. above. In that in which the wipes are transported. section, we also request information and EPA has tentatively concluded that b. Other Option comments on these solvents, and on the ‘‘dry’’ condition, proposed as a EPA is also considering a ‘‘no free whether special conditions should be condition for disposable industrial liquids when wrung’’ condition instead established for ‘‘exotic’’ solvents. wipes going to municipal or other non- of the ‘‘no free liquids’’ condition. This 7. Generators That Remove Solvent hazardous waste landfills, is overly- condition would differ from what we From Industrial Wipes stringent for the management of are proposing in that it would require reusable industrial wipes. We believe that each wipe, when hand wrung at a. Regulatory Status of Removed Solvent this to be the case because, throughout any time after its use until it is Any solvent removed from an the solvent removal and cleaning laundered, could not drip solvent. See industrial wipe by a generator when process, the conditions established for section V.B.6.b. for further description using solvents in conjunction with eligibility for the exclusion from the of this option. industrial wipes may be subject to definition of solid waste are already regulation as a hazardous waste. c. Request for Comment consistent with the existing hazardous Therefore, the generating facility must waste regulations. For example, solvents We request comment on the ‘‘no free determine whether the solvent removed removed prior to cleaning at a laundry liquids’’ condition and the ‘‘no free from the industrial wipe is listed as a must be managed as hazardous waste. In liquids when wrung’’ option, as well as hazardous waste or exhibits a addition, solvent discharges to POTWs on whether EPA should include a characteristic of a hazardous waste as are allowed under the wastewater labeling requirement as a condition for defined in 40 CFR part 261, and, if so, exclusion found at 40 CFR 261.4(a)(2). sending reusable wipes to laundries or manage it according to prescribed RCRA Local POTWs have the authority to set industrial wipes handlers. In addition, regulations under 40 CFR parts 260–268 limits applicable to individual indirect we also specifically request comment on and 270. dischargers to prevent releases and to the information submitted by the prevent interference with operations at Association of Nonwoven Fabrics b. Regulatory Status of Solvent Removal the POTW; solvent discharges are often Industry and the Secondary Materials Technologies subject to these limits. and Recycled Textiles Association Under today’s proposed exclusion We believe the ‘‘no free liquids’’ (which is available in the docket to this from the definition of solid waste, the condition helps ensure that reusable proposal) regarding whether to place a solvent-contaminated wipes would not industrial wipes that are saturated with specific limit on either the maximum be a solid or a hazardous waste at the solvent are partially reclaimed before amount of solvent or the concentration time they undergo solvent-removal. they are shipped for cleaning or laundry of solvent on reusable wipes sent to a Therefore, as discussed in Section and helps ensure that they are handled laundering or dry cleaning facility or a V.B.8.b., solvent removal technologies as valuable commodities by reducing numerical limit on the number of shop would not be considered treatment

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under RCRA and such operations, 9. Proposed Conditions for Management company) would be required to either whether they were conducted at at Handling Facilities (a) return the container (with the wipes generating or handling facilities, would a. Proposed Condition and liquid) to the user as soon as not be considered to be treating practicable (e.g., with the next As described for disposable industrial hazardous waste and would not require scheduled delivery), or (b) recover and wipes, generators would have the a RCRA permit. properly manage any liquid solvent that primary responsibility for assuring that arrives at the facility under federal or 8. Proposed Conditions for Intra- their industrial wipes meet the state hazardous waste regulations if Company Transfers conditions for the proposed exclusion applicable. When returning the wipes from the definition of solid waste. a. Proposed Condition and liquids to the user, the laundry Additionally, handling facilities which would have to transport them in the EPA is proposing that wipes can receive and process reusable industrial containers that meet the original qualify for the exclusion from the wipes, such as industrial laundries, shipment conditions, but would not be would also need to meet certain definition of solid waste when required to use a hazardous waste minimum conditions for the wipes to transferring solvent-contaminated manifest. remain excluded from the definition of The conditions of this proposal would reusable industrial wipes containing solid waste. The first condition is a ‘‘free liquids,’’ provided the transfer is require a laundry or handling facility to container standard for the time between take necessary steps to return the wipes between facilities within the same when the industrial wipes arrive on site to compliance with the conditions of the company, and the receiving facility has and when the facility first introduces exclusion, as described above. The a solvent-extraction and/or -recovery them into their process. The laundry’s mismanagement of free liquid solvents process that removes enough solvent process begins when the laundry begins by the laundry, either by illegal from industrial wipes for them to meet to handle the wipes. For example, at disposal, by adding them to the wash, the ‘‘no free liquid’’ condition. many laundries, the wipes are sent or other means, would be a violation of Generators must transport the industrial through a counting machine first, before the conditions of the exclusion. If the wipes in containers that are designed, they are cleaned, to record how many exclusion is not maintained by either of constructed, and managed to minimize wipes the generator has sent to be the ways described above, we would loss to the environment. This provision cleaned. In this example, wipes would consider the wipes and solvent to be a encourages use of technologies that enter the handling process when they solid waste and possibly a hazardous remove more solvent than processes are counted. waste and would consider the laundry such as hand wringing would; it is an We are proposing today that, to to be mismanaging the wipes and/or free effort to increase solvent recovery and qualify for the exclusion from the liquids. In addition, because the definition of solid waste for industrial resource conservation, as well as a way generator is originally responsible for wipes, the wipes would have to be to minimize solvent going into the existence of the free liquids in stored either (a) in containers that are laundries’ wastewater or into landfills. wipes, it would also be potentially designed, constructed and managed to responsible for wipes having lost the As we are proposing a similar condition minimize loss to the environment that for conditionally-excluded industrial exclusion at the handler despite the would meet the transportation condition wipes being out of the generator’s wipes going to disposal, more detailed in today’s proposal, or (b) in non- control at that moment. discussion of this provision, as well as leaking covered containers that would The objective of this condition is to other options EPA is considering can be meet the generator accumulation address situations where free liquids found above in Section V.B.9. Note, conditions in today’s proposal. From arrive at a handling facility such as an however, that reusable solvent- site visits, we expect that at the industrial launderer, either (a) because contaminated wipes would not be laundries, the solvent-contaminated of percolation and gravity effects during required to meet the labeling industrial wipes will generally remain transportation, causing the solvents to requirement described in that section, as in the containers in which they were sink and saturate the wipes at the labels are not required for reusable transported. However, in the case where bottom of any given container; or (b) wipes elsewhere. a facility chooses to transfer the because of mismanagement of the wipes industrial wipes into another container by the generator. We believe that over b. Request for Comment before the wipes enter the handling time this approach will ensure that EPA seeks comment on whether intra- process, we are proposing that wipes are handled in the most efficient company shipments of industrial wipes industrial wipes meeting the generator manner possible to minimize the need condition, placement in a non-leaking containing free liquids should be to return wipes and free liquids to users’ covered container, would also maintain allowed under the conditions of the facilities. the exclusion from the definition of exclusion from the definition of solid solid waste. b. Request for Comment waste and whether this provision would Handling facilities would also not be EPA seeks comment on the above be likely to facilitate the recovery of allowed to mismanage free liquids. For conditions for reusable industrial wipes hazardous solvents. EPA also seeks example, an industrial laundry may not managed at handling facilities to be comment both on whether the introduce free liquids into their excluded from the definition of solid additional conditions should be laundering process. A shipment of waste. EPA also requests comment on included and on whether we should industrial wipes would be considered to whether laundries receiving shipments expand the provision to allow industrial contain free liquids either if solvent of wipes that contain free liquids should wipes, under the conditional exclusion drips from the wipes or if there are free be required to submit a notification to from the definition of solid waste, to be liquids in the bottom of the container of the state or EPA region implementing sent with free liquids to third-party wipes. Facilities that happen to receive RCRA to inform them that the ‘‘no free solvent-extraction facilities. Both solvent-contaminated industrial wipes liquids’’ condition, and therefore a options are discussed in Section V.B.9. in containers with free liquids (unless condition of the exclusion, had not been they are being transported intra- met.

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D. Recordkeeping solvents or returned the saturated wipes legitimately disposed of, reclaimed, or EPA is not proposing any specific and free liquids to the generator) and reused. recordkeeping requirements for either maintain these records for three years? For example, if a laundry operating the proposed exclusion from the In addition, EPA seeks comment on under the exclusion from the definition definition of hazardous waste for whether, when returning industrial of solid waste receives a barrel of disposable industrial wipes or for the wipes to their customers, handlers reusable industrial wipes containing proposed exclusion from the definition should be required to use a free liquids and mixes them with other of solid waste for reusable industrial ‘‘streamlined’’ manifest to reflect the industrial wipes without removing the wipes, since 40 CFR 261.2(f) already type of solvents enclosed, the weight or free liquids, then those industrial wipes requires persons to provide appropriate volume of the free liquids, the date and would not be excluded. Likewise, if a documentation that would demonstrate destination of the shipment, and municipal solid waste landfill disposes that the industrial wipes are not a solid acknowledgment of receipt by the of industrial wipes containing a waste, or are excluded from the generator. prohibited solvent such as hazardous waste regulations. Finally, EPA requests comment on trichloroethylene, the disposables Nevertheless, we are considering whether the inclusion of these would not be excluded. In both cases, whether specific recordkeeping recordkeeping requirements in the rule EPA and an authorized state could requirements should be included in the would improve compliance with the choose to bring an enforcement action conditions to qualify for the exclusions conditions of the rule and, therefore, against those in the management chain, proposed today for the purpose of improve implementation of the including the generator, transporter, improving implementation by the provisions of the rule. and/or receiving facility, for violations of applicable RCRA hazardous waste relevant regulatory authority. We are E. Enforcement asking for comment on a number of requirements. In these cases, the Under today’s proposed rule, reusable related issues. For example, should EPA material would be a hazardous waste industrial wipes are excluded from the require generators to keep basic from the time the generator first definition of solid waste and disposable information, such as the number or generated it. industrial wipes are excluded from the volume of industrial wipes generated, As with any violation, EPA and definition of hazardous waste if certain where the industrial wipes were sent, authorized states would have accumulation, transportation, and and how many shipments were sent off enforcement mechanisms available that handling conditions are met. The party site? In addition, should EPA require range in severity. In addition, EPA and operating under either conditional generators to certify that their shipments authorized states would have flexibility exclusion will be responsible for of industrial wipes meet either the ‘‘no in applying these mechanisms to the maintaining the exclusion by ensuring free liquids’’ or the ‘‘dry’’ condition, as various responsible parties. Enforcing that all the conditions are met. In the appropriate, and maintain those records agencies would use their discretion to event that a condition is not met, the for three years? 14 Finally, should EPA select the enforcement mechanisms and party managing the wipes at that time require that the generators certify that the parties that are appropriate to a will need to remedy the situation as their employees are adequately trained specific case and its factual soon as possible in order not to to manage wipes stored and handled on circumstances. Some of the enforcement jeopardize the exclusion. Facilities site through compliance with generator mechanisms include sending a notice of taking advantage of the exclusion that employee training and emergency violation, ordering that the situation be fail to meet one or more of its conditions response requirements in 40 CFR part remedied, or assessing fines or other may be subject to enforcement action, 262. Should those records be penalties as appropriate. and the wipes may be considered to be Generators and recycling, disposal, or maintained for three years if such hazardous waste from the point of their handling facilities claiming the requirements were ultimately generation (i.e., from the point when the exclusion must be able to demonstrate promulgated? We request information generator had finished using them). EPA to the appropriate regulatory agency that on whether the certification could easily could choose to bring an enforcement the conditions of the exclusion are being be added onto regular business records action under RCRA § 3008(a) for all met. In an enforcement action, the such as a transporter’s pick-up sheets or violations of the hazardous waste facility claiming the exclusion bears the shipping papers. In addition, would requirements occurring from the time burden of proof pursuant to 40 CFR such a provision increase the likelihood the industrial wipes are generated 261.2(f), to demonstrate conformance that generators would ensure that the through the time they are finally with the conditions specified in the processes, techniques or technologies disposed of, reclaimed, or reused. States regulation. For disposable industrial they use would meet the applicable ‘‘no could choose to enforce for violations of wipes, the burden of proof falls on the free liquids’’ or ‘‘dry’’ condition? EPA also seeks comment on whether state hazardous waste requirements generator, commercial transporter, industrial laundries, dry cleaners, and under state authorities. municipal solid waste landfill, EPA believes that this approach, industrial wipes handling and disposal municipal waste combustor, combustion which treats solvent-contaminated facilities should be required to certify facility, or handling facility claiming the industrial wipes that do not conform to the condition of wipes that arrive at exclusion, and for reusable industrial the conditions of the exclusions as their facility, such as whether or not wipes, it falls on the generator, laundry, either solid waste or hazardous waste they contain free liquids. If the wipes dry cleaner, or handling facility from their point of generation, provides contain free liquids, should handlers be claiming the exclusion. generators, disposers, and other Additionally, the exclusions in required to record what steps they took handlers with an incentive to handle the today’s rule would not affect the to address this problem (such as industrial wipes in a manner that obligation to promptly respond to and documenting whether they removed the prevents the loss of the exclusion. It also remediate any releases that may occur of free liquids and properly managed the encourages each person to take solvents and wipes managed within the 14 Three years is the standard period of time that appropriate steps to see that others in exclusion. If, for example, a hazardous EPA usually requires for the maintenance of the management chain handle the solvent is spilled or released, then the records. industrial wipes so that they are solvent would be discarded. Any

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management of the released material not fees if states were to decide to collect municipal or other non-hazardous waste in compliance with the applicable such fees. landfills must use solvents other than federal and state hazardous waste EPA requests comment on the the 11 specified listed spent solvents requirements could result in an appropriateness of this option relative to and must reduce the amount of solvent enforcement action. For example, a today’s proposal. which is contained in them to a ‘‘dry’’ person who spilled or released a 2. Exclusion From the Definition of state. In many instances, reduction and/ hazardous solvent, and failed to Hazardous Waste for All Disposable or substitution can result in overall cost immediately clean it up, could Solvent-Contaminated Industrial Wipes savings to a company. In a recent study, potentially be subject to enforcement for Under a Single Set of Conditions the Chemical Strategies Partnership illegal disposal of the waste. The waste found that the cost of managing could also potentially be addressed An additional option we are chemicals ranges from $1 to $10 for through enforcement orders, such as considering would provide an exclusion every dollar of chemical purchased. orders under RCRA sections 3013 and from the definition of hazardous waste These management costs include 7003. for all disposable wipes under the same liability, safety training, compliance conditions. The option affects only the efforts, and collection and disposal costs F. Alternative Options to the Approach exclusion from the definition of that would not accrue to the company in Today’s Proposed Rule hazardous waste proposed today; all if they were purchasing a non- The approach taken in today’s provisions for reusable solvent- hazardous solvent.15 A company could proposed rule, the exclusion from the contaminated industrial wipes also achieve savings if they were to regulatory definition of hazardous waste described in Section V.C. would remain reduce the amount of solvent they use for disposable wipes and the exclusion the same. Under this option, the Agency to meet the conditions of this proposed from the regulatory definition of solid would not differentiate between wipes rule. waste for reusable wipes, is one of a few managed in municipal and other non- EPA strongly encourages companies that EPA is considering. The others are hazardous waste landfills or non- to examine the feasibility of using less described below. landfill facilities—the conditions solvent and/or substituting non- necessary for industrial wipes to obtain hazardous solvents for hazardous 1. Exclusion From the Definition of an exclusion from hazardous waste Hazardous Waste for Disposable and solvents. Various industry and regulations would be the same for both government sources might be able to Reusable Solvent-Contaminated types of management. For example, Industrial Wipes assist in identifying alternative sources. solvent-contaminated wipes would not (See, for instance, EPA’s Design for the We are considering an option that need to be ‘‘dry’’ prior to landfill Environment Web site at www.epa.gov/ would exclude reusable industrial disposal; rather, they would be required dfe or contact your EPA region or state wipes from the regulatory definition of to contain no free liquids. for technical assistance.) hazardous waste rather than exclude We are carefully considering this This proposed rule would also have them from the regulatory definition of option, since it would be simpler and the potential to increase pollution solid waste, using the same conditions easier to implement and would simplify prevention because it may increase the as those specified in today’s proposed the regulations for generators of solvent- incentive to control the amount of rule. This approach would not contaminated disposable industrial solvent applied to industrial wipes. For differentiate the regulatory status of wipes. However, we are concerned with example, the use of less solvent might solvent-contaminated industrial wipes this option because it would allow make it easier to meet the conditions of whether they are being sent for solvents that may pose an either exclusion. In addition, generators recycling or for disposal. environmental and human health risk to using significant amounts of solvent on Under this approach, the provisions be placed in municipal or other non- their disposable wipes would need to of the rule concerning disposable hazardous waste landfills without extract the solvent using solvent- solvent-contaminated industrial wipes meeting the 5-gram condition (i.e., the extraction processes in order to meet the would remain the same as in today’s ‘‘dry’’ condition) that would reduce proposed ‘‘dry’’ or ‘‘no free liquids’’ proposed option. For reusable solvent- risks. The Agency requests comment on conditions, increasing the likelihood of contaminated industrial wipes, the this approach and on the assumptions additional solvent reuse and recovery. conditions for complying with the rule we used in our landfill risk screening Opportunities already exist in the would be the same as in today’s analyses. Specifically, are there marketplace to recover and reuse the proposed option, but the reusable assumptions or parameters that should extracted solvent by either establishing solvent-contaminated industrial wipes be modified to reflect a more accurate an on-site solvent-extraction process or would remain solid wastes (though not estimate of the level of risk posed by by sending the industrial wipes to an hazardous wastes) when the conditions contaminated wipes in landfills? off-site solvent-extraction facility. were met. Technologies have emerged that Some stakeholders, particularly VI. Additional Benefit of the Proposed primarily dry clean contaminated laundries and other handlers of reusable Rule: Fostering Pollution Prevention materials and, once dry cleaned, recover wipes, are strongly opposed to this In addition to regulatory reform in excess spent solvents through option. They believe that they manage a response to stakeholder concerns, we reclamation. Such technologies may commodity rather than a waste and believe this proposed rule will foster offer alternatives to generators for argue that an exclusion from the pollution prevention and recycling recycling or reusing both the spent definition of hazardous waste would opportunities by encouraging users of solvents and the used industrial wipes. inappropriately classify them under the disposable industrial wipes who desire In many instances, use of these regulatory definition of solid waste. less stringent management requirements technologies can result not only in These stakeholders are also concerned to use alternative solvents, use less that if contaminated wipes being solvent, or remove solvents to achieve 15 See Chemical Strategies Partnership Manual, laundered and reused were to be the ‘‘no free liquids’’ or ‘‘dry’’ Tools for Optimizing Chemical Management. Copies can be obtained by e-mail at: considered a solid waste by EPA, they conditions. For instance, generators [email protected] or may become subject to state solid waste desiring to dispose of wipes in www.chemicalstrategies.org.

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opportunities to reduce pollution, but fraction of the total mass of solvent rather than combustors in order to also to reduce disposal costs. degrades, volatilizes, leaches, and extrapolate the results from the initial adheres to the material in the landfill. VII. Risk Screening Analysis analysis into results which would be The evaluation of risks from representative of potential actual A. Introduction groundwater incorporated previous exposures. probabilistic analyses of groundwater The discussion below summarizes the fate and transport to determine the EPA’s second analysis estimated risks Agency’s risk screening analysis for relative concentrations of contaminants from disposal of ash from incinerators disposable and reusable industrial in the landfill leachate and at a nearby burning disposable industrial wipes. wipes. For specifics regarding the risk well. The 5th percentile value from the EPA assumed that 99.99% of the solvent analysis or details on how it was distribution of results, which is a was destroyed in the incinerator (with conducted, please see the background conservatively low ratio of leachate the remainder going into the ash) to documents in the docket for today’s concentration to well concentration (i.e., derive a solvent loading in ash for each proposed rulemaking, particularly the indicates a high well concentration of the 30 F-listed solvents. We then used risk screening assessment document, relative to a given leachate the same landfill analysis described ‘‘Estimating Risk from Disposal of concentration), was used for the above to determine how much solvent Solvent Contaminated Shop Towels and analysis. The results of the probabilistic would be partitioned to leachate, Wipes in Municipal Landfills,’’ March groundwater analyses were combined transported to the receiving well, and 1999. with partitioning model results, which exposed to the receptor. As in the above As previously stated, several determined the initial leachate stakeholders have argued that disposing landfill analysis, EPA then calculated concentrations, and with standard what the allowable solvent loadings to of industrial wipes containing small default exposure assumptions, which amounts of solvent in municipal or an incinerator could be to determine determined the exposure to individuals which listed solvent ash residues could other non-hazardous waste landfills from the calculated well concentrations. safely be disposed of in a municipal or would not pose a substantial hazard to The exposure evaluation examined human health and the environment and the sensitivity of the results to different other non-hazardous waste landfill. have submitted rulemaking petitions to parameters such as the size of the EPA’s third analysis was of potential the Agency on this matter. Similarly, landfill and climatic conditions. EPA risks from disposal of sludge from they argued that disposal of treatment determined that the most sensitive set of wastewater treatment at laundries residues, such as ash from incineration conditions was exposure to children which clean solvent-contaminated of disposable wipes and sludges from due to releases to groundwater from a industrial wipes. For this analysis, we wastewater treatment at laundries small landfill in a wet climate. This used the maximum of a very limited washing industrial wipes, would not worst-case scenario was used to number of wastewater concentrations pose a substantial hazard. In response to estimate maximum allowable daily collected from industrial laundries by these arguments, EPA conducted risk loadings for each solvent, based on not the Office of Water as part of their screening analyses for the following exceeding specified risk levels. effluent guidelines development scenarios to evaluate the potential risks In particular, to evaluate risks, EPA process. We estimated the sludge to human health and the environment: used health benchmarks from its • Direct landfilling of disposable Integrated Risk Information System concentrations of different solvents industrial wipes, (IRIS), supplemented with other sources using a partitioning model to estimate • Landfilling of combustor ash as necessary. Benchmarks for the mass of solvent in the wastewater generated from burning disposable noncarcinogenic solvents are presented that partitions to air, water, and sludge. industrial wipes in a municipal waste as reference doses (RfD) for exposures Since we had wastewater data for only combustion facility, and through ingestion and as reference air a limited number of solvents, we • Landfilling of industrial laundry concentrations (RfC) for exposures extrapolated that data to the other wastewater treatment sludges generated through inhalation. These are solvents. Once we had a solvent loading from washing reusable industrial wipes. concentrations which are considered to in the sludge going to a landfill, we used be protective of human health; the same analysis described above to B. What Analyses Did EPA Do? therefore, the calculated exposures were estimate risks. EPA first estimated risks from compared directly to these values to Finally, EPA examined potential exposure to the 30 F-listed solvents determine whether there was a potential ecological risks by estimating solvent commonly used on industrial wipes human health risk for the concentrations in surface water streams assuming they were directly disposed of noncarcinogenic solvents. For which are affected by groundwater in an unlined municipal landfill. We carcinogens, IRIS presents cancer slope contamination from landfills with looked at potential risks from inhalation factors, which are used to calculate risk solvent wastes. These estimated of the solvents volatilizing from the as a function of exposure dose. For this landfill, from ingestion of groundwater analysis, EPA used the exposure dose concentrations were then compared to contaminated by solvents leaching from corresponding to a cancer risk of 1 in available water quality criteria. The the landfill, and from inhalation of 100,000 (10–5) as the health benchmark analysis was very conservative in that solvent vapors released from for an acceptable cancer risk level. 100% of the solvent in groundwater was contaminated groundwater during We initially evaluated disposal of assumed to be discharged into a small showering and other uses. We evaluated industrial wipes from one generating stream; however, water quality criteria exposure to solvents volatilizing from facility sent to one landfill. EPA then were available for only ten of the landfills using a partitioning model to evaluated various factors, such as the solvents, so the other 20 were not determine solvent releases and an air number of facilities likely to use one evaluated for ecological risks. More dispersion model to determine the air landfill for disposal, percentage of information on the analysis can be concentration at a point of exposure 75 facilities using F-listed solvents, and the found in Section V of the Technical meters from the landfill. The percentage of facilities sending their Background Document for this proposal, partitioning model estimates what disposable industrial wipes to landfills available in the Docket.

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C. What Were the Results of the thresholds even if wipes were processed Another factor to note is that there is Analyses, and What Do They Mean? by solvent extraction. considerable uncertainty in a large 1. Disposable Solvent-Contaminated As indicated earlier, there are a number of the parameters used in the Industrial Wipes Managed in Landfills number of conservative factors included analysis. For example, there was wide in the analysis. Factors which would variability in the estimates of how much The results of the risk screening solvent would be on each industrial analysis for each solvent are presented tend to increase our estimate of risk wipe; the estimates of how many as a comparison of the allowable include the use of the 5th percentile facilities would use a particular landfill loading to a landfill (based on meeting value from the distribution of ratios of the previously described risk leachate concentrations to well were based on general demographic thresholds) with the projected loadings concentrations, the assumption of a data; and the fate and transport models, under two possible conditions: (1) small landfill in a wet climate, and the as well as some of the health Untreated industrial wipes and, (2) assumption that the receptor for benchmarks, have some degree of industrial wipes treated by a technique inhalation risks is only 75 meters from uncertainty. While the Agency has not such as centrifuging which was the landfill. On the other hand, the use conducted a detailed quantitative assumed to remove 90% of the solvent. of standard default exposure uncertainty analysis, it is likely that the The detailed results are presented below assumptions, as well as some of the range of the uncertainty in this risk in Table 6 and show that: loading assumptions were based on best analysis covers an order of magnitude or • 16 listed solvent constituents would estimates, not conservative more. The Agency specifically solicits not exceed risk thresholds, even without assumptions. While EPA has not done a comments on the results and the treatment, comprehensive sensitivity analysis of all assumptions and decisions made in • 8 additional listed solvent risk factors, the analysis is generally conducting the risk screening analysis. constituents would not exceed the risk consistent with the Agency policy of More information on the analysis can be using high end risk estimates (above the thresholds if wipes were processed by found in the Technical Background 90th percentile, but on the real risk solvent extraction, and Document for this proposal, available in • 6 remaining listed solvent distribution) as one factor in its decision constituents would exceed the risk making. the Docket.

TABLE 6.—EVALUATION OF SOLVENT-CONTAMINATED DISPOSABLE WIPES FOR LANDFILLING

Loading to Loading as- meet the Loading (kg/ suming CAS No. Constituent (RCRA waste codes) health bench- day, per centrifuging Conclusion 1 mark (kg/day, landfill) (kg/day, per per landfill) landfill)

Noncarcinogens

67–64–1 ..... Acetone (F003) ...... 1.73 4.32 0.432 Centrifuge required. 71–36–3 ..... Butanol (F003) ...... 1.61 1.88 0.188 Centrifuge required. 75–15–0 ..... Carbon disulfide (F005) ...... 0.62 1.03 0.103 Centrifuge required. 108–90–7 ... Chlorobenzene 2 (F002) and (D021) ...... 0.36 1.03 0.103 Centrifuge required. 108–94–1 ... Cyclohexanone (F003) ...... 64.55 1.88 0.188 Acceptable. 1319–77–3 Cresols (F004) and (D026) 2 ...... 0.41 1.03 0.103 Centrifuge required. 75–71–8 ..... Dichlorodifluoromethane (F001) ...... 2.16 1.03 0.103 Acceptable. 95–50–1 ..... 1,2-Dichlorobenzene (F002) and (D070) ...... 12.84 1.03 0.103 Acceptable. 141–78–6 ... Ethyl acetate (F003) ...... 16.17 2.26 0.226 Acceptable. 100–41–4 ... Ethyl benzene (F003) ...... 11.95 1.88 0.188 Acceptable. 60–29–7 ..... Ethyl ether (F003) ...... 4.30 1.03 0.103 Acceptable. 110–80–5 ... 2-Ethoxyethanol (F005) ...... 3.82 1.03 0.103 Acceptable. 78–83–1 ..... Isobutyl alcohol (F005) ...... 4.31 1.88 0.188 Acceptable. 67–56–1 ..... Methanol (F003) ...... 5.90 3.20 0.320 Acceptable. 78–93–3 ..... Methyl ethyl ketone (F005) (D035) ...... 0.32 3.67 0.367 Unacceptable. 108–10–1 ... Methyl isobutyl ketone (F003) ...... 0.03 1.03 0.103 Unacceptable.3 98–95–3 ..... Nitrobenzene (F004) and (U169) ...... 0.043 1.03 0.103 Unacceptable. 110–86–1 ... Pyridine (F005) (D038) ...... 0.006 1.03 0.103 Unacceptable. 127–18–4 ... Tetrachloroethylene (F002) 2 (D039) ...... 5.83 4.42 0.442 Acceptable. 108–88–3 ... Toluene (F005) ...... 2.14 5.08 0.508 Centrifuge required. 71–55–6 ..... 1,1,1-Trichloroethane (F002) ...... 15.81 9.02 0.902 Acceptable. 76–13–1 ..... 1,1,2-Trichlorotrifluoroethane (F002) ...... 403.37 5.17 0.517 Acceptable. 75–69–4 ..... Trichlorofluoromethane (F002) and (U121) ...... 16.05 3.48 0.348 Acceptable. 1330–20–7 Xylenes (total) (F003) ...... 6.18 1.88 0.188 Acceptable.

Carcinogens

71–43–2 ..... Benzene (F005) (D018) 2 ...... 0.24 1.03 0.103 Centrifuge required. 56–23–5 ..... Carbon tetrachloride (F001) (D019) 2 ...... 3.0 1.03 0.103 Acceptable. 75–09–2 ..... Methylene chloride (F002) ...... 0.39 9.54 0.954 Unacceptable. 79–46–9 ..... 2-Nitropropane (F005) ...... 0.003 1.03 0.103 Unacceptable. 79–01–6 ..... Trichloroethylene (F002) (D040) 2 ...... 27.66 1.03 0.103 Acceptable. 79–00–5 ..... 1,1,2-Trichloroethane (F002) ...... 0.83 1.03 0.103 Centrifuge required. 1 For this analysis, the human health benchmarks were a hazard quotient of 1 for a non-carcinogen or a carcinogenic risk of 10¥5. Values above these numbers were deemed to pose an unacceptable risk to human health.

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2 One of those constituents which cannot be disposed of in a municipal or other non-hazardous waste landfill under today’s proposal because they exhibit the toxicity characteristic instead of because of the outcome of the risk screening analysis. For further discussion, see Section V.B.5. 3 Methyl isobutyl ketone is listed for its characteristic of ignitability and, therefore, when it is mixed with solid waste, is no longer considered hazardous waste unless it continues to display its characteristic. Therefore, although this risk screening analysis lists MIBK as Unacceptable, a wipe containing it can be disposed of in a municipal or other non-hazardous waste landfill if it meets the other conditions.

2. Ash From Incineration of Disposable that most of this solvent will end up in concert with addressing public Solvent-Contaminated Industrial Wipes the sludge that is generated from the comments on the risk screening Managed in Landfills treatment of wastewater from industrial analysis, including the public’s Even though the analysis of risks from launderers and will present more of a comments on the peer reviewers’ disposing of incinerator ash in landfills risk than EPA’s risk screening comments. was conservative by assuming that all of assessment would indicate. In addition, the Integrated Waste the solvent that was not destroyed went Accordingly, the Agency is evaluating Services Association commented on the into the ash (as opposed to some of it the issues raised in the letter to analysis of risks from ash disposal. They being emitted from the stack) and that determine if there is a need to impose found the analysis overly conservative; the ash was from a small combustion additional conditions to address risks however, since the analysis did not unit (meaning that a higher percentage posed by the disposal in municipal or indicate any risks from this waste, EPA of the total amount of material being other non-hazardous waste landfills of does not believe it is necessary at this burned consisted of wipes), the analysis sludges generated by industrial time to further refine this part of the risk still indicated that none of the solvents laundries. analysis since further refinement would not change our general conclusions. would exceed the health benchmarks if 4. Ecological Assessment the ash were disposed of in a landfill. We request comment on the risk The analysis projected that none of screening analysis discussed in this 3. Sludge From Wastewater Treatment the solvents would exceed their section of the preamble and discussed at Industrial Laundries and Managed in respective water quality criteria despite in more detail in Section V of the Landfills the conservative assumptions that all of Technical Background Document. In This analysis indicated that only one the solvent released in landfill leachate particular, we seek comment constituent, 2-nitropropane, would be would reach a small stream. concerning: present in sludge at a level which would D. What External Review Was Done of —The assumptions used in each of reach the allowable health benchmark. the Risk Screening Analysis? these analyses; i.e., landfill, ash and Even for this highly toxic solvent, the sludges loading in sludge (0.004 kg/day) just In addition to conducting and —The data used in modeling risks barely exceeded the allowable loading reviewing the risk screening analysis —The methodology used in each of (0.0033 kg/day). In this case, the internal to EPA, three independent these analyses exposure route of concern is inhalation experts provided an external peer —Conclusions and recommendations of the solvent which has volatilized review of the analysis of risks from —The comments provided by the three from the landfill. For the reasons constituents once they had been external peer reviews previously cited (receptor only 75 disposed of in a landfill. These —Or any specific aspect of the risk meters from the landfill, selection of the reviewers did not evaluate the screening analyses. highest wastewater concentration value, assumptions behind the loadings of etc.), we believe that a more rigorous solvents assumed to be sent to the VIII. History and Relationship to Other risk assessment would determine that 2- landfill. Rulemakings nitropropane would not have exceeded These reviewers indicated that the A. Proposed Effluent Guidelines for the allowable loading for sludge from analysis could over predict risk because Industrial Laundries wastewater treatment. (1) the partitioning model accounts for On December 17, 1997, EPA proposed An August 15, 2002 letter from too little degradation in a landfill, (2) to establish pretreatment standards and representatives of the Association of degradation once a constituent leaves effluent limitations guidelines (ELGs) Nonwoven Fabrics Industry (INDA) and the landfill is not considered, and (3) for industrial laundries (62 FR 66181).18 the Secondary Materials and Recycled the toxicity of trichloroethylene 17 may In conducting investigations of effluents Textiles Association (SMART) provides be overestimated. On the other hand, information that suggests that the discharged from industrial laundries to the reviewers indicated that the analysis support the development of the amount of solvent in reusable industrial could under predict risks because (1) wipes is substantially greater than the proposed rulemaking, EPA found that parameters other than the ones for the effluent from many industrial amount EPA used in conducting our which a sensitivity analysis was risk screening analysis for this proposed laundries contain concentrations of conducted could be more sensitive in solvents known from site visits to be rulemaking.16 Based on this predicting risk, (2) effects from information, the letter questions solubilization by organic compounds 18 The proposed effluent guidelines would have whether a specific concentration limit were not considered, (3) additional established numerical limitations that are based on should be placed on the amount of exposure pathways could contribute technology treatment of industrial laundry solvent remaining in reusable industrial additional risk, and (4) the wastewater for 11 priority and non-conventional wipes rather than relying on the ‘‘no pollutants. These standards were based on a carcinogenicity of tetrachloroethylene determination of the degree to which pollutants free liquids’’ condition. It also suggests was not considered. The peer reviewers pass through or interfere with POTWs; the best full comments are presented in the available technology economically achievable for 16 See ‘‘8/15/02 letter from Bourdeau to docket. EPA has not yet addressed these Pretreatment Standards for Existing Sources; and Dellinger;’’ ‘‘Assessing Management of Sludge the best demonstrated available control technology Generated by Industrial Laundries,’’ EPA OSW, comments, but will address them in for Pretreatment Standards for New Sources. The May 9, 2000; and our final risk screening analysis proposal also provided regulatory relief for facilities document, ‘‘Estimating the Risk from the Disposal 17 EPA’s Office of Research and Development is which launder less than 1 million pounds of of Solvent Contaminated Shop Towels and Wipes currently in the process of developing a new incoming laundry per calendar year and less than in Municipal Landfills,’’ USEPA, March 1999. toxicity assessment for trichloroethylene. 255,000 pounds of industrial wipes.

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used in conjunction with industrial listings to include spent solvent When new, more stringent Federal wipes identified as generators of mixtures when the solvent, before it is requirements were promulgated, the solvent-contaminated wipes. Under the used, contains 10 percent or more of state was obligated to enact equivalent proposed effluent guideline rule, EPA total listed solvents. In addition, the authorities within specified time frames. proposed to limit the discharge of notice clarified that the listings apply to However, the new Federal requirements certain pollutants from existing and new ‘‘spent’’ solvents—those that are no did not take effect in an authorized state industrial laundries into U.S. waters longer fit for use without being until the state adopted the federal and POTWs. The proposed rule applied regenerated, reclaimed, or otherwise requirements as state law. to ‘‘any facility that launders industrial processed, and clarified that the listings In contrast, under RCRA section textile items from off site as a business cover only solvents used for their 3006(g) (42 U.S.C. 6926(g)), which was activity.’’ solvent properties (i.e., ‘‘to solubilize added by HSWA, new requirements and On August 18, 1999, EPA published a (dissolve) or mobilize other prohibitions imposed under HSWA Federal Register notice withdrawing its constituents’’). authority take effect in authorized states proposed rule for the industrial laundry On November 19, 1998, EPA at the same time that they take effect in sector (64 FR 45072). EPA’s primary published a determination not to list as unauthorized states. EPA is directed by basis for the withdrawal was that hazardous wastes 14 chemicals that are the statute to implement these indirect discharges from industrial used as solvents. These 14 chemicals are requirements and prohibitions in laundries contain very small amounts of cumene, phenol, isophorone, authorized states, including the toxic pollutants that are not removed by acetonitrile, furfural, epichlorohydrin, issuance of permits, until the state is POTWs. Comments on the proposed methyl chloride, ethylene dibromide, granted authorization to do so. While rule and subsequent data collection benzyl chloride, p-dichlorobenzene, 2- states must still adopt HSWA related resulted in the following conclusions: methoxyethanol, 2-methoxyethanol provisions as state law to retain final (1) Laundry discharges are not as toxic acetate, 2-ethoxyethanol acetate, and authorization, EPA implements the as estimated at proposal, (2) POTWs cyclohexanol. EPA determined that HSWA provisions in authorized states provide better treatment of the toxic waste solvents containing these until the states do so. pollutants remaining in laundry chemicals are often hazardous wastes B. Effect on State Authorizations discharges than estimated at proposal, because they exhibit a characteristic and (3) many former problems have under 40 CFR part 261, subpart C, or The proposed conditional exclusions would not be HSWA regulations. been resolved by local pretreatment because they contain other solvent Therefore, the conditional exclusions authorities. wastes that are listed as hazardous and, would not be immediately effective in EPA concluded that to the extent therefore, did not believe it was authorized states. They would be isolated problem discharges occur, necessary to list them separately. applicable only in those states that do existing pretreatment authority allows However, in some cases, EPA not have final authorization for the base local POTWs to respond to problems determined that the solvent waste did (non-HSWA) portion of the RCRA effectively. Local POTWs have the not meet the criteria for listing as a authority to set local limits for program. hazardous waste. For additional detail Authorized states are required to individual indirect dischargers to regarding the technical basis for the prevent (1) pass through of pollutants modify their programs only when EPA decision, see 63 FR 64371, November enacts federal requirements that are through the POTW into waters of the 19, 1998. U.S. and (2) interference both with more stringent or broader in scope than POTW operations and sludge disposal IX. State Authorization existing federal requirements. RCRA options. EPA’s pass-through analysis for section 3009 allows the states to impose A. Applicability of Rule in Authorized standards more stringent than those in the rulemaking determined that there is States not significant pass-through of the federal program (see also 40 CFR pollutants from industrial laundries to Under section 3006 of RCRA, EPA 271.1). Therefore, authorized states may, waters of the U.S. EPA also concluded may authorize qualified states to but are not required to, adopt federal that removing certain organic pollutants administer their own hazardous waste regulations, both HSWA and non- from industrial wipes before they are programs in lieu of the federal program HSWA, that are considered less washed would be a better way to control within the state and to issue and enforce stringent than previous federal their presence in effluent discharges. hazardous waste permits. Following regulations. Today’s proposed authorization, EPA retains enforcement conditional exclusion from the B. Hazardous Waste Listing authority under sections 3008, 3013, definition of hazardous waste for Determination for Spent Solvents and 7003 of RCRA, although authorized disposable solvent-contaminated Five hazardous waste listings for states have primary enforcement industrial wipes is considered less specific spent solvents have been responsibility. The standards and stringent than the existing federal promulgated by EPA to date: F001, requirements for state authorization are regulations because it would exclude F002, F003, F004, and F005. These found at 40 CFR part 271. certain materials now regulated by listings are found in 40 CFR 261.31. The Prior to enactment of the Hazardous RCRA subtitle C. Thus, states, except as criteria used by the Agency to determine and Solid Waste Amendments of 1984 described below, would not be required whether or not a waste is hazardous are (HSWA), a state with final RCRA to adopt the conditional exclusion from explained in the December 31, 1985 authorization administered its the definition of hazardous waste if the Federal Register notice (50 FR 53316). hazardous waste program entirely in proposal is finalized. However, because This rule also applies to P- and U-listed lieu of EPA administering the federal EPA believes that today’s proposal is a commercial chemical products that program in that state. The federal better approach to controlling industrial correspond with the F001–F005 listings requirements no longer applied in the wipes, the Agency would encourage when those products are spilled and, authorized state, and EPA could not states to adopt this rule, if promulgated, therefore, become waste. issue permits for any facilities in that as soon as possible. The December 1985 Federal Register state, since only the state was The current federal policy with regard notice amended the original solvent authorized to issue RCRA permits. to reusable solvent-contaminated

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industrial wipes has been to defer the Document’’ is available for public launderers are primarily small determination of their regulatory status review and comment from the RCRA businesses (94%) which operate 47% of to the states and EPA regions. This Docket (see public access instructions at this industry’s facilities. Furthermore, deferral has resulted in the development the introduction to this notice). The up to 10,600 solid waste management of various state programs. Today’s document presents the methodology, establishments (which have 210,000 proposal is generally consistent with detailed computation spreadsheets, and employees, earn $31 billion in annual these state policies. However, it is sources of the data applied in our revenue, and are 95% small business possible that conditions that would be economic analysis. We welcome the owned) could also be affected by these imposed by the proposed rule could be general public and affected industries to proposed changes. Introducing an more stringent than some existing state provide us with comments and uncertainty range of 50% to 100% for programs. As a result, these authorized questions about our economic analysis, state adoption of these changes states would be required to modify their in the interest of improving the key data produces an estimated range of 590 to programs when we promulgate a final elements and assumptions. 1,175 industrial laundries, and 5,300 to rule. We seek comment on whether The scope of the expected economic 10,600 solid waste management states consider the conditions posed by impacts modeled in our study includes establishments potentially affected by today’s proposed rule to be more (i) potential cost savings, as well as (ii) the proposed regulations. Adding these stringent than their current approaches potential implementation costs, for both ranges together produces a total to regulating reusable solvent- the ‘‘disposable’’ and ‘‘reusable’’ estimated count of 68,000 to 164,000 contaminated industrial wipes. industrial wipes markets. Our economic potentially affected solvent industrial study models these impacts as wipes generator and management X. Statutory and Executive Order potentially affecting seven economic facilities. Reviews sectors (manufacturing, retail trade, a. Industrial Wipes Market A. Executive Order 12866: Regulatory information, administrative services, Planning and Review other services, public administration, We estimate the size of the U.S. and transportation & utilities). These industrial wipes market at 9.6 billion 1. Economic Analysis economic sectors consist of 15 economic wipes used in 2001. Our economic Under Executive Order 12866 (58 FR sub-sectors, representing 121 industries study characterizes this market as 51735), the Agency must determine which we suspect may in part or in consisting of two sub-markets of whether this regulatory action is whole generate or manage spent solvent industrial wipes products with ‘‘significant’’ and, therefore, subject to industrial wipes in the U.S. economy. respective annual market share of 88% formal review by the Office of As enumerated in an introductory reusable wipes (8.5 billion uses) and Management and Budget (OMB) and to section of this notice, most of the 12% disposable wipes (1.1 billion sold). the requirements of the Executive Order, industries which use industrial wipes In some industrial wiping operations, which include assessing the costs and are in the manufacturing sector, and use these two product lines may be price- benefits anticipated as a result of the industrial wipes primarily for competitive substitutes, but other proposed regulatory action. The Order degreasing and cleaning operations. factors such as lint content, absorbency, defines ‘‘significant regulatory action’’ Today’s proposal could potentially and durability often outweigh price as a as one that is likely to result in a rule affect 13 of these 15 sub-sectors as factor in determining wipes selection for that may (1) have an annual effect on generators of spent solvent industrial any particular industrial wiping the economy of $100 million or more or wipes. These 13 sub-sectors consist of a operation. adversely affect in a material way the total of 471,000 facilities, 13.2 million b. Economic Analysis Framework economy, a sector of the economy, employees, and $2.7 trillion in annual productivity, competition, jobs, the revenues. Ninety-six percent of the The proposed rule will affect these environment, public health or safety, or companies affected are small businesses two sub-markets differentially relative state, local, or tribal governments or and they own 83% of the facilities in to the current regime because of the communities; (2) create a serious these sub-sectors. We estimate that a significant difference in the current inconsistency or otherwise interfere subset of 215,000 of these facilities use state-level and EPA regional-level with an action taken or planned by RCRA-regulated solvents in conjunction regulatory status of each respective sub- another agency; (3) materially alter the with industrial wiping operations. market category. Spent disposable budgetary impact of entitlements, Introducing an uncertainty range of 50% industrial wipes are currently managed grants, user fees, or loan programs or the to 100% as to how many states may as RCRA hazardous waste, whereas rights and obligations of recipients ultimately adopt these program changes reusable industrial wipes are not thereof; or (4) raise novel legal or policy and counting only facilities which may usually managed as RCRA hazardous issues arising out of legal mandates, the be regulated as ‘‘small quantity’’ or wastes or even solid wastes, depending President’s priorities, or the principles ‘‘large quantity’’ generators (according on state regulations. Consequently, an set forth in the Executive Order. to the calendar month waste generation exclusion from RCRA hazardous waste Pursuant to the terms of Executive quantity categories defined in the RCRA regulation is expected to provide the Order 12866, the Agency has hazardous waste regulations at 40 CFR disposable wipes market with an annual determined that today’s proposed 262) produces an estimated range of net cost savings benefit relative to rulemaking is a ‘‘significant regulatory 63,000 to 153,000 potentially affected current RCRA regulatory compliance action’’ because it raises novel legal or spent solvent industrial wipes costs, whereas the solid waste exclusion policy issues and because of its generators. will not provide the reusable wipes significance to a large number of In addition to generators of industrial market with similar economic benefit, interested stakeholders. wipes, up to 1,175 industrial laundries depending on the extent of free liquid supply and launder reusable industrial solvents captured and recycled from 2. Affected Economic Sub-Sectors wipes, employing 60,000 workers and solvent-contaminated reusable We estimated the potential national earning $2.9 billion in annual revenue industrial wipes. economic impacts of today’s proposal. (of which $408 million is from the For the purpose of estimating this Our ‘‘Economics Background industrial wipes business). Industrial differential economic impact outcome

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and potential net national economic represent a benefit-cost ratio of 2.4 to conditions as those proposed today for effect on the industrial wipes market, 6.5. The annualized net benefits consist the exclusion from the definition of our economic study included modeling of $33 million to $37 million to solid waste and, therefore, anticipated the anticipated induced shift in generators for managing spent net cost savings for this option would respective wipes market share, resulting disposable industrial wipes and an remain the same relative to the main from direct cost savings and direct uncertainty range of $35 million in option proposed today. implementation cost pass-through on annual benefits to $4 million in annual the respective wipes prices (i.e., on cost to generators managing reusable b. Exclusion for All Disposable Solvent- wipes’ life cycle usage costs, including industrial wipes (depending upon the Contaminated Industrial Wipes Under a costs of spent wipes disposal). In extent these costs may be shared with Single Set of Conditions support of modeling induced market industrial laundries and the extent of This option would not differentiate impacts, our economics study presents reuse of captured solvents).19 between disposable wipes managed at a the findings of a meta-analysis of The induced market impact simulated landfill compared to a non-landfill published own- and cross-price in the economic analysis estimates a facility. Disposable solvent- elasticity of demand coefficients, as potential 53% to 59% decrease in the contaminated wipes would be excluded applied in our study for purpose of life-cycle unit cost for using disposable from hazardous waste regulations simulating potential changes in wipes’ industrial wipes (taking into account the provided the wipes were stored in market share. Our economic analysis cost of new wipes purchase plus spent covered containers while on site, and as also examined the potential composite wipes disposal), and a 0% to 17% long as the wipes do not contain free outcome of direct and induced impacts increase in the effective unit cost of liquids prior to sending them off site in of the solid waste exclusion on the reusable wipes, associated with a closed containers that are marked industrial laundry industry, as suppliers potential induced reduction in reusable ‘‘Excluded Solvent-Contaminated of reusable industrial wipes. wipes’ national market share of 3% to Wipes.’’ Because we do not have exact 15% for the fraction of the industrial Under this option, greater regulatory information for every key data element wipes market potentially affected by the relief would occur for generators of applied, the economic study presents a exclusions. disposable industrial wipes relative to sensitivity analysis over a ‘‘lower- the main option because (1) they would bound,’’ ‘‘most-likely,’’ and ‘‘upper- 3. Economic Impact of Today’s Other Proposed Exclusion Options not have to meet the ‘‘dry’’ condition bound’’ range in numerical values that is proposed under our main option assigned to key baseline and exclusion For the reasons explained below and and (2) they would not have to worry compliance parameters, such as number in the ‘‘Economics Background about the types of solvent they used. of facilities using solvent wipes, Document,’’ we did not prepare a Therefore, some number of generators percentage of solvent wipes not separate quantitative estimate of each of would not have to spend additional currently stored and transported in the following alternative options, resources to meet this ‘‘dry’’ condition closed containers, percentage of solvent because they are expected to fall (relative to the ‘‘no free liquids’’ wipes generated which are not ‘‘dry’’ incrementally within or near the impact condition), or switch to other solvents if (i.e., contain less than five grams solvent estimation range for the main option. they so desired to manage their wipes in per wipe), price-elasticity of demand for Below we describe the potential impacts a municipal or other non-hazardous industrial wipes, percentage of states of each of these options in qualitative waste landfill. which may adopt the proposed terms. exclusions, and percentage of solvent B. Paperwork Reduction Act wipes containers containing free a. Exclusion From the Definition of liquids. Hazardous Waste for Disposable and The information collection Reusable Solvent-Contaminated requirements in this proposed rule have c. Impact Estimation Findings Industrial Wipes been submitted for approval to the The anticipated national net effect of This option would exclude both Office of Management and Budget the proposal is to provide the U.S. disposable and reusable solvent- (OMB) under the Paperwork Reduction economy with $28 million to $72 contaminated industrial wipes from the Act, 44 U.S.C. 3501 et seq. The million in average annual net benefits, definition of hazardous waste instead of Information Collection Request (ICR) consisting of four impact components: making a distinction between the types document prepared by EPA has been (1) $13 million to $20 million in of wipes and excluding disposable assigned EPA ICR number 2127.01. annualized incremental cost for industrial wipes from the definition of The information requirements compliance with the conditions of the hazardous waste while excluding established for this action, and exclusions (e.g., costs for purchasing reusable solvent-contaminated identified in the Information Collection accumulation and transportation industrial wipes from the definition of Request (ICR) supporting today’s containers for used industrial wipes); (2) solid waste. No aspect of the proposed proposed rule, are largely a self- $40 million reduction in annual direct rule would change for generators and implementing process. This process costs for RCRA regulatory compliance; handlers of disposable wipes. would ensure that: (i) Handlers of (3) $8 million to $36 million per year in Generators and handlers of reusable solvent-contaminated industrial wipes avoided air pollution from increase in solvent-contaminated wipes would be are held accountable to the proposed capture of free liquid solvents from used managing a solid waste under this requirements of the conditional industrial wipes; and (4) $0.3 million to option, but would be subject to the same exclusions; and (ii) inspectors can verify $9 million per year in avoided fire compliance when needed. For example, damages to facilities from spontaneous 19 EPA’s cost estimates assumed that generators the proposal would require that solvent- combustion of solvent-contaminated would transport solvent-contaminated wipes to contaminated industrial wipes contain industrial wipes. Compared to laundries in closed containers despite the proposed no free liquids prior to being performance standard. If industry can find cheaper annualized implementation costs as a methods of meeting the performance standard, the transported off site by generators for numerical ratio, the $8 million to $85 costs of reusable wipes management will be less subsequent management. The million in annualized total benefits than this estimate. conditions would also require

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generators to properly label all view public comments, access the index analysis summarized elsewhere in this containers of wipes sent for disposal. listing of the contents of the public preamble, we have estimated that a In estimating ICR burden, EPA used docket, and to access those documents relatively small proportion of the current state policies as the baseline in the public docket that are available potentially affected small businesses since most states have specific policies electronically. Once in the system, (i.e., up to 3% or 16 small industrial addressing these materials. ICR burden select ‘‘search,’’ then key in the docket laundries) may be adversely impacted is reduced because generators of ID number RCRA–2003–0004. Also, you by this proposed solid waste exclusion solvent-contaminated wipes obtain can send comments to the Office of at or above a 3% threshold of annual regulatory relief from existing subtitle C Information and Regulatory Affairs, business receipts (revenues). hazardous waste regulatory Office of Management and Budget, 725 Although this proposed rule will not requirements, such as use of a manifest 17th Street, NW., Washington, DC have a significant impact on a in transporting these materials off site to 20503, Attention: Desk Office for EPA. substantial number of small entities, a handling facility. Since OMB is required to make a EPA nonetheless has tried to reduce the EPA has carefully considered the decision concerning the ICR between 30 impact of this rule on small entities. In burden imposed upon the regulated and 60 days after November 20, 2003, a addition to the economic analysis, we community by the proposed regulation. comment to OMB is best assured of conducted outreach activities to ensure We estimate a burden savings of 48,000 having its full effect if OMB receives it that small business interests were hours and approximately $1.9 million by December 22, 2003. The final rule informed of our potential actions, and to annually. Burden means the total time, will respond to any OMB or public solicit input and comment from small effort, or financial resources expended comments on the information collection business interests during our by persons to generate, maintain, retain, requirements contained in this proposal. development of the proposal. We had a disclose, or provide information to or number of meetings with small business for a federal agency. This includes the C. Regulatory Flexibility Act stakeholders, including representatives time needed to review instructions; The Regulatory Flexibility Act (RFA) of the industrial laundries trade develop, acquire, install, and utilize as Amended by the Small Business associations, to discuss the formulation technology and systems for the purposes Regulatory Enforcement Fairness Act of of this proposed rule, and to obtain of collecting, validating, and verifying 1996 generally requires an agency to small business feedback. In these information, processing and prepare a regulatory flexibility analysis meetings, stakeholders expressed maintaining information, and disclosing of any rule subject to notice and concerns about the implementation of and providing information; adjust the comment rulemaking requirements this rule, and asked questions about the existing ways to comply with any under the Administrative Procedure Act conditions being considered for the previously applicable instructions and or any other statute, unless the agency proposed regulation. requirements; train personnel to be able certifies that the rule will not have a As part of these outreach efforts, the to respond to a collection of significant economic impact on a Agency held a meeting with members of information; search data sources; substantial number of small entities. the small business community on complete and review the collection of Small entities include small businesses, August 10, 1998. Following EPA’s information; and transmit or otherwise small organizations, and small presentation, the stakeholders attending disclose the information. governmental jurisdictions. the meeting discussed potential issues An Agency may not conduct or For the purposes of assessing the and concerns they envisioned could sponsor, and a person is not required to impacts on small entities of today’s rule, arise with regard to the implementation respond to, a collection of information small entity is defined as (1) a small of the Agency’s preliminary options, unless it displays a currently valid OMB business as defined by the Small particularly with regard to the ability of control number. The OMB control Business Administration at 13 CFR small businesses to comply with the numbers for EPA’s regulations are listed 121.201; (2) a small governmental options. Participants provided their in 40 CFR part 9 and 48 CFR chapter 15. jurisdiction that is a government of a initial reactions to the preliminary To comment on the Agency’s need for city, county, town, school district, or options, identified potential issues of this information, the accuracy of the special district with a population of less concern and, in some cases, offered provided burden estimates, and any than 50,000; and (3) a small potential changes or improvements. A suggested methods for minimizing organization that is any not-for-profit summary of the August 10, 1998 respondent burden, including the use of enterprise which is independently meeting can be found in the docket for automated collection techniques, EPA owned and operated and is not today’s proposed rulemaking. has established a public docket for this dominant in its field. We continue to be interested in the ICR under Docket ID Number RCRA– After considering the economic potential impacts of the proposed rule 2003–0004. The public docket is impacts of today’s proposed rule on on small entities and welcome available for viewing at the RCRA small entities, I hereby certify that this comments on issues related to such Docket in the EPA Docket Center (EPA/ action will not have a significant impacts. DC), EPA West, Room B102, 1301 economic impact on a substantial Constitution Ave., NW., Washington, number of small entities. We have D. Unfunded Mandates Reform Act DC. The EPA Docket Center Public determined that about 83% of the Title II of the Unfunded Mandates Reading Room is open from 8:30 a.m. to 63,000 to 153,000 establishments in the Reform Act of 1995 (UMRA), Pub. L. 4:30 p.m., Monday through Friday, 13 industries which use industrial 104–4, establishes requirements for excluding legal holidays. The telephone wipes and which are potentially subject federal agencies to assess the effects of number for the Reading Room is (202) to today’s proposed rulemaking are their regulatory actions on state, local, 566–1744, and the telephone number for owned and operated by small and tribal governments and the private the RCRA Docket is (202) 566–0270. An companies. In addition, approximately sector. Under section 202 of the UMRA, electronic version of the public docket 47% of the 1,175 industrial laundry EPA generally must prepare a written is available through EPA Dockets establishments which supply reusable statement, including a cost-benefit (EDOCKET) at . Use EDOCKET to submit or companies. Based on the economic with ‘‘Federal mandates’’ that may

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result in expenditures by state, local, the Executive Order to include In the spirit of Executive Order 13132, and tribal governments, in the aggregate, regulations that have ‘‘substantial direct and consistent with EPA policy to or to the private sector, of $100 million effects on the states, on the relationship promote communications between EPA or more in any one year. between the national government and and state and local governments, EPA Before a Federal regulatory agency the states, or on the distribution of specifically solicits comments on this such as EPA promulgates a rule for power and responsibilities among the proposed rule from state and local which a written statement is needed, various levels of government.’’ officials. section 205 of the UMRA generally This proposed rule does not have F. Executive Order 13175: Consultation requires the agency to identify and federalism implications. It will not have consider a reasonable number of and Coordination With Indian Tribal substantial direct effects on the states, Governments regulatory alternatives and adopt the on the relationship between the national least costly, most cost-effective, or least government and the states, or on the Executive Order 13175, entitled burdensome alternative that achieves distribution of power and ‘‘Consultation and Coordination with the objectives of the rule. The responsibilities among the various Indian Tribal Governments’’ (65 FR provisions of section 205 do not apply levels of government, as specified in 67249, November 6, 2000), requires EPA when they are inconsistent with Executive Order 13132. This proposed to develop an accountable process to applicable law. Moreover, section 205 rule would provide a net reduction in ensure ‘‘meaningful and timely input by allows EPA to adopt an alternative other RCRA regulatory burden to generators Tribal officials in the development of regulatory policies that have tribal than the least costly, most cost-effective, and handlers of solvent industrial implications.’’ or least burdensome alternative if the wipes. For the proposed exclusions, EPA has concluded that this proposed Administrator publishes with the final both the annual direct implementation rule an explanation why that alternative rule may have tribal implications to the costs to affected private sector entities extent that generating facilities on tribal was not adopted. Before EPA establishes and the potential impact on annual state regulatory requirements that may lands using solvent-contaminated government revenues do not exceed the industrial wipes or handlers of these significantly or uniquely affect small ‘‘substantial’’ compliance cost threshold governments, including tribal materials located on tribal lands could defined in this Executive Order. This be affected. However, this proposed rule governments, it must have developed proposal would preempt state and local under section 203 of the UMRA, a small will neither impose substantial direct law that is less stringent for solvent- compliance costs on tribal governments government agency plan. The plan must contaminated wipes. Under the RCRA, provide for notifying potentially nor preempt tribal law. 42 U.S.C. 6901 to 6992k, the affected small governments, enabling EPA did not consult directly with relationship between the states and the officials of affected small governments representatives of Tribal governments national government with respect to to have meaningful and timely input in early in the process of developing this hazardous waste management is 20 the development of EPA regulatory regulation. However, as described established for authorized state proposals with significant Federal above, EPA did conduct an extensive hazardous waste programs, 42 U.S.C. intergovernmental mandates, and outreach process with industry, 6926 (section 3006), and retention of informing, educating, and advising including small business. Thus, we state authority, 42 U.S.C. 6929 (section small governments on compliance with believe we have captured concerns that 3009). Under section 3009 of RCRA, the regulatory requirements. also would have been expressed by Today’s proposed rule contains no states and their political subdivisions representatives of Tribal governments. federal mandates (under the regulatory may not impose requirements less EPA specifically solicits additional provisions of Title II of the UMRA) for stringent for hazardous waste comment on this proposed rule from state, local, or tribal governments. In management than the national Tribal officials. addition, EPA has determined that this government. Thus, Executive Order 13132 does not apply to this rule. G. Executive Order 13045: Protection of proposed rule contains no regulatory Children From Environmental Health However, to incorporate the state requirements that might significantly or and Safety Risks uniquely affect small governments. perspective in the proposal, Agency Executive Order 13045 (62 FR 19885, Furthermore, today’s proposed personnel met with state representatives April 23, 1997) applies to any rule that regulation will not impose incremental from the Association of State and (1) is determined to be ‘‘economically costs in excess of $100 million to the Territorial Solid Waste Management significant’’ as defined under Executive private sector, or to state, local, or tribal Officials (ASTSWMO) in July of 1998 to Order 12866, and (2) concerns an governments in the aggregate, in any review, discuss and obtain feedback environmental health or safety risk that one year, as based on the findings of the from them on EPA thinking at the time. EPA has reason to believe may have a ‘‘Economics Background Document,’’ The state representatives recommended disproportionate effect on children. If described elsewhere in this preamble. that solvent-contaminated reusable the regulatory action meets both criteria, Thus, today’s proposed rule is not wipes contain no free liquids when the Agency must evaluate the subject to the requirements of sections transported off site to an industrial environmental health or safety effects of 202 and 205 of the UMRA. laundry or dry cleaner and that the wipes be transported in closed the planned rule on children, and E. Executive Order 13132: Federalism containers that meet DOT requirements. explain why the planned regulation is Executive Order 13132, entitled Similarly, most states recommended preferable to other potentially effective ‘‘Federalism’’ (64 FR 43255, August 10, that disposable wipes continue to be and reasonable alternatives considered 1999), requires EPA to develop an regulated under RCRA subtitle C by the Agency. accountable process to ensure (hazardous waste) regulations. The The proposed rule is not subject to the ‘‘meaningful and timely input by state states continued to participate on the Executive Order because it is not and local officials in the development of workgroup developing today’s proposal 20 ‘‘Representatives of Tribal governments’’ regulatory policies that have federalism and their input was received and include non-elected officials of Tribal governments implications.’’ ‘‘Policies that have considered throughout the regulation and representative authorized national federalism implications’’ is defined in development process. organizations.

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economically significant as defined in EPA welcomes comment on this because some electronic or printing Executive Order 12866, and because the aspect of the proposed rulemaking and, applications cannot tolerate any lint, while Agency does not have reason to believe specifically, invites the public to other applications can tolerate large amounts the environmental health or safety risks identify potentially-applicable of lint. Absorbent capacity is also another important factor in some tasks, while not in addressed by this action present a voluntary consensus standards and to others. Durability is important in some tasks, disproportionate risk to children. EPA explain why such standards should be such as those that require heavy scrubbing, believes that this proposal will not used in this regulation. while often not important in tasks where lint increase exposure of solvents to the Appendix A to Preamble— or absorbency is more important. Durability public, adults or children. does not only refer to the physical strength The public is invited to submit or Demographics of the Industrial Wipes of the wipe, towel, or rag, but also to its identify peer-reviewed studies and data, Industry ability to withstand strong solvents. of which the Agency may not be aware, I. General Description of the Industrial B. Additional Data that assess results of early life exposure Wipes Industry Additional data collected from site visits, to solvent-contaminated industrial A. Types of Industrial Wipes literature searches, and industry include wipes. The term ‘‘industrial wipes’’ as used in this information regarding the numbers of wipes H. Executive Order 13211: Actions That preamble represents a heterogeneous group used daily, types of solvents used, type of Significantly Affect Energy Supply, of products which come in a wide variety of operation (i.e., whether cleaning operations involve the use of small or considerable Distribution, or Use types and brands to meet a broad range of application needs. The major division is amounts of solvent per wipe); preference for This proposed rule is not subject to between reusable shop towels, which are disposable versus reusable wipes; and Executive Order 13211, ‘‘Actions laundered or dry cleaned and used again, and estimated total volumes of wipes used Concerning Regulations that disposable wipes and rags that are used for annually. A detailed discussion of these Significantly Affect Energy Supply, a limited number of applications and then findings can be found in the Technical discarded. Disposable wipes include both Background Document for this proposed rule, Distribution, or Use’’ (66 FR 28355, May as well as other documents supporting this 22, 2001) because it is not a significant non-woven wipes and woven rags. The universe of materials affected by this rule that are found in the Docket. Key regulatory action under Executive Order findings include: 12866. proposed rule encompasses both reusable • and disposable industrial wipes which are Number of wipes used daily by a facility used by numerous industries in conjunction can vary from 50 to 6,000. I. National Technology Transfer • Many facilities appear to use ignitable- Advancement Act with solvents to clean surfaces, parts, accessories, and equipment. Industrial wipes only solvents (D001) that could be classified Section 12(d) of the National are distinguished by their respective as characteristically hazardous when the Technology Transfer and Advancement composition, durability, uses, and disposal wipes no longer can be used; most facilities Act of 1995 (‘‘NTTAA’’), Public Law methods. also appear to use solvent blends consisting 104–113, Section 12(d) (15 U.S.C. 272 The Agency has chosen to use the term of two or more constituents. • Most industrial sectors appear to only note) directs EPA to use voluntary ‘‘industrial wipe’’ throughout the preamble for the sake of simplicity. However, because use a small amount of solvent per wipe: Auto consensus standards in its regulatory body repair; electronics; furniture activities unless to do so would be of the many terms currently used throughout industry to identify industrial wipes, EPA manufacturers; fabricated metals; and organic inconsistent with applicable law or believes it is helpful to provide an and inorganic chemical manufacturers. otherwise impractical. Voluntary explanation of industry terms to set forth the Conversely, the printing sectors, automobile consensus standards are technical Agency’s understanding as we developed this manufacturers, parts of the military, and standards (e.g., materials specifications, proposal: defense industries often use large amounts of test methods, sampling procedures, and An industrial shop towel is a woven textile solvent on each wipe. • Using wipes sales and usage volume business practices) that are developed or consisting of cotton or polyester blends. These materials are reusable items and are figures provided by wipes suppliers and adopted by voluntary consensus industry users, coupled with U.S. Bureau of standards bodies. The NTTAA directs generally laundered or dry-cleaned a number of times before they have outlived their Census counts of related facilities, EPA EPA to provide Congress, through OMB, useful life and must be discarded. Shop estimates that approximately 9.6 billion explanations when the Agency decides towels are rented by industrial launderers to industrial wipes are used by industry annually (88 percent reusable wipes and 12 not to use available and applicable manufacturing, automotive, chemical, and percent disposable wipes) in 13 different voluntary consensus standards. other similar facilities to use for heavy-duty industries. EPA further estimates that This proposed rulemaking involves cleaning and wiping. Soiled shop towels are approximately 3.8 billion of these industrial environmental monitoring or either washed or dry-cleaned at commercial wipes are used in conjunction with solvents laundry facilities. measurement consistent with the in industrial cleaning and degreasing An industrial wipe is a non-woven towel Agency’s Performance Based operations. Measurement System (PBMS). EPA consisting of wood pulp, polyester blends or proposes not to require the use of 100 percent polypropylene. These materials Appendix B to Preamble— come in all sizes and thicknesses. They Memorandum From Michael Shapiro specific, prescribed analytic methods. generally are designed for one time use and Rather, the Agency plans to allow the are used to wipe small quantities of solvents February 14, 1994 use of any method that meets the off hands, tools, equipment, or floors. Memorandum prescribed performance criteria. The An industrial rag is a non-homogeneous Subject: Industrial Wipers and Shop Towels PBMS approach is intended to be more material consisting of cotton or polyester under the Hazardous Waste Regulations flexible and cost-effective for the blends. Rags are made from old clothing or From: Michael Shapiro, Director, Office of regulated community; it is also intended from cloth remnants from textile mills, and Solid Waste to encourage innovation in analytical vary in size and type of fabric. To: Waste Management Division Directors technology and improved data quality. Paper towels also are sometimes used in Regions I–X conjunction with solvents in the workplace. We have received numerous questions EPA is not precluding the use of any These materials are made from wood pulp about the regulatory status of used industrial method, whether it constitutes a with binders. wipers and shop towels (‘‘wipers’’) under the voluntary consensus standard or not, as The wipe suitable for each application Resource Conservation and Recovery Act long as it meets the performance criteria depends on a number of factors. The amount (RCRA) regulations from the users and specified. of lint allowed in a task plays a large role, launderers of these wipers, and the

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regulatory agencies responsible for ways. I have enclosed policy documents from cotton or polyester blends. Industrial implementing the RCRA regulations. In several States and one EPA Region regarding wipes of all kinds are used for a variety addition, manufacturers, marketers and users the identification and/or management of of purposes, including removing small of non-reusable wipers (i.e., wipers that are wipers, that provide examples of how some quantities of solvents from machinery not laundered, such as paper or other on- implementing agencies have developed textile products) have been requesting workable approaches to this issue. If you parts, hands, tools, and the floor. clarification on the status of these materials have additional information, or have * * * * * as well. The purpose of this memorandum is questions, please contact Charlotte Mooney Industrial wipes handling facility to update you on this issue, and to reaffirm or Ross Elliott at (202) 260–8551. means a facility that removes solvents our policy regarding the regulatory status of Enclosures (4) from industrial wipes prior to them these materials. cc: RCRA Enforcement Branch Chiefs, being sent either to a laundry or dry Regions I–X Ongoing Efforts cleaner for cleaning or to a municipal or Regional Counsel, Regions I–X There are currently several activities other non-hazardous waste landfill that within EPA that may affect wipers. The List of Subjects meets the standards under 40 CFR part 257, subpart B, municipal waste Definition of Solid Waste Task Force, as part 40 CFR Part 260 of their dialogue with industry, combustor, or other combustion facility. environmental groups, State agencies, and Environmental Protection, * * * * * EPA Regions, has been evaluating the RCRA Administrative practice and procedure, Intra-company transfer of industrial regulations affecting launderable and Confidential business information, wipes means the off site transportation disposable wipers. In addition, OSW has Hazardous materials, Recycling, of industrial wipes from a generator been dealing with the issue of wipers as we Reporting and recordkeeping, Waste continue our efforts with the Hazardous facility to another generator-owned Waste Identification Rule. As you may recall, treatment or disposal. facility that has a solvent extraction EPA requested and received comment on 40 CFR Part 261 and/or recovery process for the purpose alternative approaches for addressing wipers of removing sufficient solvent to ensure contaminated with listed solvent (May 20, Environmental protection, Hazardous that the wipes contain no free liquids or 1992 Federal Register; 57 FR 21474); this waste, Recycling, Reporting and record less than 5 grams of solvent, as proposal was later withdrawn. Finally, the keeping requirements, Waste treatment appropriate. Office of Water will be gathering data to and disposal. * * * * * support the development of effluent Dated: November 10, 2003. guidelines for industrial launderers, which No free liquids, as used in 40 CFR handle certain types of reusable wipers. Michael O. Leavitt, 261.4(a)(24) and 40 CFR 261.4(b)(19), Administrator. means that no liquid solvent may drip Status of Used Wipers For the reasons set out in the from industrial wipes, and that there is Whether or not the used wipers are preamble, title 40, Chapter I of the Code no liquid solvent in the container hazardous waste under the RCRA regulations holding the wipes. Wipes that have been has been a recurring question. Because there of Federal Regulations, parts 260 and 261, are proposed to be amended as subjected to solvent extraction are are many applications of wipers, we cannot presumed to contain no free liquids. at this time make any generic statements that follows: all wipers are hazardous waste, or that all are * * * * * not. A material that is a solid waste is by PART 260—HAZARDOUS WASTE Reusable industrial wipe means an definition hazardous waste if it either (1) MANAGEMENT SYSTEM: GENERAL industrial wipe that after being used is meets one of the listings in 40 CFR part 261, sent to a laundry or dry cleaner for subpart D, or (2) exhibits one or more of the 1. The authority citation for part 260 cleaning and reuse. continues to read as follows: characteristics described in 40 CFR part 261, * * * * * subpart C. Because there are no explicit Authority: 42 U.S.C. 6905, 6912(a), 6921– Solvent extraction, as used in 40 CFR listings for ‘‘used wipers’’ in part 261, 6927, 6930, 6934, 6935, 6937, 6938, 6939, 261.4(a)(24) and 40 CFR 261.4(b)(19), subpart D, a wiper can only be defined as and 6974. listed hazardous waste if the wiper either means an advanced extraction process contains listed waste, or is otherwise mixed Subpart B—Definitions such as mechanical wringers, with hazardous waste. Whether or not a used centrifuges, or any other similarly wiper contains listed hazardous waste, is 2. Section 260.10 is amended by effective method to remove solvent from mixed with listed hazardous waste, only adding in alphabetical order the industrial wipes. exhibits a characteristic of hazardous waste, definitions of Disposable industrial * * * * * or is not a waste at all, is dependent on site- wipe, Industrial wipe, Industrial wipes specific factors; this is not a new policy. As handling facility, Intra-company PART 261—IDENTIFICATION AND a result, any determinations or transfer of industrial wipes, No free LISTING OF HAZARDOUS WASTE interpretations regarding this diverse and liquids, Reusable industrial wipe, and variable wastestream should be made by the Solvent extraction to read as follows: 3. The authority for part 261 regulatory agency (i.e., EPA Region or State) continues to read as follows: implementing the RCRA program for a § 260.10 Definitions. particular State. This has been our long- Authority: 42 U.S.C. 6905, 6912(a), 6921, standing policy. * * * * * 6922, 6924(y), and 6838. One of EPA’s concerns in determining Disposable industrial wipe means an whether the hazardous waste regulations industrial wipe that is disposed after Subpart A—General apply to wipers in specific cases should be use without being sent to a laundry or 4. Section 261.4 is amended by to prevent situations where someone is dry cleaner for cleaning and reuse. improperly disposing of spent solvents (or adding new paragraphs (a)(22) and * * * * * (b)(19) to read as follows: other hazardous wastes) by mixing them in Industrial wipe means non-woven with wipers, and then sending the wipers to § 261.4 Exclusions. a laundering facility or municipal landfill. industrial wipes made of wood pulp or This activity is clearly not allowed under the polyester blends; industrial shop towels, (a) * * * federal regulations. However, wipers that a woven textile made of cotton or (22) Industrial wipes that are sent to merely pick up incidental amounts of polyester blends; and industrial rags, an industrial laundry, to a dry cleaner solvents may be handled in a number of non-homogenous materials consisting of for cleaning, or to an industrial wipes

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handling facility when they contain an (A) Remove the free liquids and (o,m,p), carbon tetrachloride, F-listed spent solvent, a corresponding manage them according to the chlorobenzene, tetrachloroethylene, spilled P- or U-listed commercial regulations found under 40 CFR parts trichloroethylene; chemical product, or when they exhibit 261 through 268 and 270; or (v) When transported to a municipal the hazardous characteristic of (B) Return the closed container with waste combustor, other combustion ignitability, corrosivity, reactivity or the wipes and free liquids to the facility, or industrial wipes handling toxicity when that characteristic results generator as soon as reasonably facility, solvent-contaminated industrial from the F-listed spent solvent or practicable, but no later than the next wipes must not contain free liquids or corresponding P- or U-listed commercial scheduled delivery. must have been treated by solvent chemical products, provided that the (vii) Industrial laundries and dry extraction. Any liquids removed from conditions specified below are satisfied cleaners may dispose of sludge from the wipes must be managed as by the facility claiming the exclusion: cleaning industrial wipes in solid waste hazardous wastes according to (i) Solvent-contaminated industrial landfills if the sludge does not exhibit regulations found under 40 CFR parts wipes must be accumulated, stored and a hazardous waste characteristic. 261 through 268 and 270 if disposed; managed in non-leaking, covered (b) * * * (vi) Intra-company transfer of solvent- containers; (19) Industrial wipes that are sent for contaminated industrial wipes (ii) Solvent-contaminated industrial disposal to a municipal waste landfill or containing free liquids may occur wipes, if transported off site, must be other non-hazardous waste landfill that provided that the following conditions transported in containers that are meets the standards under 40 CFR part are satisfied: designed, constructed, and managed to 257, subpart B, to a municipal waste (A) The transfer must occur in order minimize loss to the environment; combustor or other combustion facility, to remove sufficient solvent from the (iii) When laundered or dry cleaned or to an industrial wipes handling industrial wipes so they meet the 5- on site or transported off site to a facility when they contain an F-listed gram condition or the ‘‘no free liquids’’ laundry, dry cleaner, or industrial wipes spent solvent, a corresponding spilled condition, as appropriate; and handling facility, solvent-contaminated P- or U-listed commercial chemical (B) The receiving facility must industrial wipes must contain no free product, or when they exhibit the manage the extracted solvent according liquids or must have been treated by hazardous characteristics of ignitability, to regulations found under 40 CFR parts solvent extraction, except as stated in corrosivity, reactivity, or toxicity when 261 through 268 and 270; paragraph (a)(24)(iv) of this section. Any that characteristic results from the F- (vii) Combustion and industrial wipes liquids removed from the industrial listed spent solvent or corresponding P- handling facilities must manage solvent- wipes must be managed according to the or U-listed commercial chemical contaminated industrial wipes in non- regulations found under 40 CFR parts products, providing that the conditions leaking covered containers or in 261 through 268 and 270 if discarded; specified below are satisfied by the containers that are designed, (iv) Intra-company transfer of solvent- facilities claiming the exclusion: constructed, and managed to minimize contaminated industrial wipes (i) Solvent-contaminated industrial loss to the environment before the containing free liquids may occur wipes must be accumulated, stored, and industrial wipes enter the handling provided that the following conditions managed in non-leaking, covered process; and are satisfied: containers; (viii) If free liquids are in containers (A) The transfer must occur in order (ii) Solvent-contaminated industrial that arrive at combustion and industrial to remove sufficient solvent from the wipes, if transported off site, must be wipes handling facilities, the receiving industrial wipes so they meet the ‘‘no transported in containers that are facility must: free liquids’’ condition; and designed, constructed, and managed to (A) Remove the free liquids and (B) The receiving facility must minimize loss to the environment; manage them as hazardous wastes manage the extracted solvent according (iii) Solvent-contaminated industrial according to regulations found under 40 to regulations found under 40 CFR parts wipes, if transported, must be CFR parts 261 through 268 and 270; or 261 through 268 and 270. transported in containers labeled (B) Return the closed container with (v) Laundries, dry cleaners and ‘‘Exempt Solvent-Contaminated Wipes’’; the industrial wipes and free liquid to industrial wipes handling facilities must (iv) When transported to a municipal the generator as soon as reasonably manage the solvent-contaminated waste landfill or other non-hazardous practicable, but no later than the next industrial wipes in non-leaking covered waste landfill that meets the standards scheduled delivery; containers or in containers that are under 40 CFR part 257, subpart B, designed, constructed, and managed to solvent-contaminated industrial wipes: (xi) Combustion facilities may dispose minimize loss to the environment before (A) Must contain less than 5 grams of of residuals from combustion of the industrial wipes enter the handling solvent each, or must have been treated industrial wipes in solid waste landfills process; and by solvent extraction; and if residuals do not exhibit a hazardous (vi) If free liquids are in containers (B) Must not contain the following waste characteristic. that arrive at a laundry, dry cleaner, or solvents: 2-nitropropane, nitrobenzene, * * * * * industrial wipes handling facility, the methyl ethyl ketone (MEK), methylene [FR Doc. 03–28652 Filed 11–19–03; 8:45 am] receiving facility must either: chloride, pyridine, benzene, cresols BILLING CODE 6560–50–P

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Part IV

Department of the Interior Office of Surface Mining Reclamation and Enforcement

30 CFR Part 707 Abandoned Mine Land (AML) Reclamation Program; Enhancing AML Reclamation; Final Rule

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DEPARTMENT OF THE INTERIOR SMCRA provisions provided by section ‘‘government-financed’’ construction. 528 of the Act when the extraction of Further, editorial changes have also Office of Surface Mining Reclamation coal is an incidental part of Federal, been made to the definition for clarity. and Enforcement State, or local government-financed The preamble to the February 12, construction. These regulations, 1999, Enhancing AML Rule should be 30 CFR Part 707 codified at 30 CFR part 707 (44 FR consulted for additional background RIN 1029–AC07 15322), defined ‘‘government-financed information. 64 FR 7470. construction’’ as meaning ‘‘construction B. What Is the Statutory Exemption for Abandoned Mine Land (AML) funded 50 percent or more by ‘‘Government-Financed’’ Construction? Reclamation Program; Enhancing AML [government] funds. * * *’’ 30 CFR Reclamation 707.5. On February 12, 1999, we Title V of SMCRA, 30 U.S.C. 1251– published the Enhancing AML 1279, has regulated surface coal mining AGENCY: Office of Surface Mining Reclamation Rule (‘‘Enhancing AML operations since 1977 though stringent Reclamation and Enforcement (OSM), Rule’’) which amended this definition of standards regarding the permitting, Interior. ‘‘government-financed construction to mining, and reclamation of such sites. ACTION: Final rule. allow less than 50 percent government Title V prescribes that ‘‘no person shall financing when the construction project SUMMARY: We are publishing a final rule engage in or carry out on lands within is an approved AML project. (64 FR in response to the decision by the a State any surface coal mining 7470). The Kentucky Resources Council United States Court of Appeals, District operations unless such person has first (KRC) challenged the rule on several of Columbia Circuit, remanding the obtained a permit issued by such State counts. KRC v. Norton, No. 99–00892 February 12, 1999, Enhancing AML pursuant to an approved State program (D.D.C.). In its September 22, 2000 slip Reclamation Rule for further or by the Secretary pursuant to a Federal opinion, the district court granted the explanation as to the types of program.’’ 30 U.S.C. 1256. Applicants government summary judgment. The for a Title V permit must pay a fee to government expenses that will qualify KRC appealed that decision to the as government financing under the rule. cover all or some of the costs of United States Court of Appeals for the reviewing, administering, and enforcing This rulemaking provides the requested District of Columbia Circuit. explanation and represents a the permit (30 U.S.C. 1257). They must On May 30, 2002, the court of appeals submit a reclamation plan (30 U.S.C. clarification and not a substantive concluded that the Department had not change to the Abandoned Mine Land 1258) and, after the permit has been only reasonably interpreted the term approved but prior to issuance of the (AML) program authorized by the ‘‘construction’’ to include AML Surface Mining Control and permit, must file with the regulatory reclamation projects that involve the authority a bond to ensure performance Reclamation Act of 1977 (‘‘SMCRA’’ or incidental extraction of coal but also ‘‘the Act’’). We are also taking this of the reclamation plan (30 U.S.C. 1259). reasonably determined that, in some Congress, however, exempted some opportunity to explain what is meant by circumstances, AML projects to which the prohibition in the rule against ‘‘in- activities from the Title V requirements the government provides less than 50 by providing: kind’’ payments being counted towards percent of the financing may qualify as the government financing of a ‘‘government-financed’’ construction. The provisions of this chapter shall not ‘‘government-financed’’ construction. Notwithstanding these conclusions, the apply to any of the following activities: DATES: Effective November 20, 2003. court remanded the rule for further (1) the extraction of coal by a landowner for his own noncommercial use from land FOR FURTHER INFORMATION CONTACT: explanation as to which government owned or leased by him; and (2) the Danny Lytton, Chief, Division of administrative expenses will qualify as extraction of coal as an incidental part of Abandoned Mine Lands, Office of ‘‘government financing’’ for the Federal, State or local government-financed Surface Mining Reclamation and purposes of the exemption from the highway or other construction under Enforcement, U.S. Department of the provisions of the Act. KRC v. Norton, regulations established by the regulatory Interior, 1951 Constitution Avenue, No. 01–5263, 2002 WL 1359455 at *2 authority. NW., ms 120–SIB, Washington, DC (D.C. Cir.). 20240; Telephone: 202–208–2788. E- The court further noted that, even 30 U.S.C. 1278. (Emphasis added). Mail: [email protected]. though ‘‘in kind’’ payments do not C. What Is the AML Reclamation SUPPLEMENTARY INFORMATION: qualify as government financing under Program? 30 CFR 707.5, our 1999 Federal Register I. Background notice appeared to accept a commenter’s Tile IV of SMCRA (30 U.S.C. 1231– A. Why are we publishing this rule? suggestion that qualifying government 1243) established the AML Reclamation B. What is the exemption for ‘‘government- financing includes ‘‘in kind payments Program in response to concern about financed’’ construction? such as administrative expenses extensive environmental damage caused C. What is the AML Reclamation Program? incurred by the AML agency in by past coal mining activities. The D. How is AML reclamation funded and how program is funded primarily from a fee do States and Indian Tribes implement reviewing and approving the project.’’ their programs? KRC v. Norton at *2. collected on each ton of coal mined in E. What types of abandoned sites does the We are publishing this rulemaking to the country. This fee is deposited into Enhancing AML Reclamation Rule provide the explanation required by the a special fund, the Abandoned Mine target? court as to which government Land Fund (Fund), and is appropriated II. Discussion of the Final Rule administrative expenses qualify as annually to address abandoned and ‘‘government financing’’ under 30 CFR inadequately reclaimed mining areas III. Procedural Determinations 707.5. In addition, we are taking this where there is no continuing I. Background opportunity to explain what the agency reclamation responsibility by any has historically meant by the person under State or Federal law. A. Why Are We Publishing This Rule? prohibition in section 707.5 against ‘‘in- Under Title IV, the financing of On March 13, 1979, OSM published kind’’ payments being counted towards reclamation projects is subject to a rules implementing the exemption from the government financing of a priority schedule with emphasis on sites

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affecting public health, safety, general statutory term ‘‘government-financed its own engineering and design work welfare and property. construction.’’ In our preamble cannot consider those expenses towards In most cases, the implementation of discussion we stated that all expenses qualifying the project as being Title IV authority has been delegated to incurred by the AML agency such as ‘‘government-financed’’ for they are States. Currently, 23 States and 3 Indian project design, project solicitation, expenses that the agency regularly Tribes (the Hopi, the Navajo and the project management, and project attributes to such projects. Crow) have authority to receive grants oversight qualify as government Critics of the 1999 Enhancing AML from the Fund. They are implementing financing under the rule. 64 FR 7474. Rule were concerned that if the Title IV reclamation programs in The court found that it was ‘‘counter- expenses of traditional government accordance with 30 CFR Subchapter R, intuitive’’ to suggest that Congress functions such as oversight and project and through implementing guidelines intended traditional government review counted towards ‘‘government published in the Federal Register on functions ‘‘such as ‘‘oversight’’ to financing,’’ there might be a large March 6, 1980 (45 FR 27123), and ensure that a contractor complies with number of government-financed revised on December 30, 1996 (45 FR the law, or reviewing and approving construction projects where the 68777). In States and on Indian lands proposed Title IV projects—would government would do no actual that do not have a Title IV program, qualify as government financing. The financing towards the physical reclamation is carried out by OSM. court continued that even though reclamation of the site. In light of that § 707.5 clearly states that ‘‘in kind’’ concern, we reviewed the instances D. How Is AML Reclamation Funded payments do not qualify as government- where the 1999 rule has been used to and How Do States and Indian Tribes financed construction, our Federal allow for less than 50 percent Implement Their Programs? Register notice appeared to accept a government financing of approved AML State and Indian Tribal AML commenter’s suggestion that an agency’s construction projects. Thus far, four programs are funded at 100 percent by administrative expenses were a form of projects have been completed in three OSM from money appropriated ‘‘in kind’’ payments. different states. In each case, a annually from the AML Fund. The Finally, the court posited a tremendous savings was realized at States and Indian Tribes must submit permissible interpretation of the rule relatively little cost to the government grant applications in accordance with under which the traditional oversight reclamation authority through the sale procedures established by OSM and and compliance-review functions of an of coal whose extraction was an existing grant regulations found at 30 AML agency would not be counted as incidental part of the required CFR part 886. They may undertake only government financing. The court reclamation. Reclamation that would projects that are eligible for financing as concluded with two scenarios in which have otherwise cost the Title IV described in either section 404 or agency expenses would reasonably authorities an estimated $1.5 million section 411 of SMCRA and that meet the count as government financing. KRC v. was accomplished at a total cost to those priorities established in section 403 of Norton at *2. It is our intent to interpret authorities of somewhat less than SMCRA. OSM requires that the State the rule consistently with this $200,000. It is significant that in each Attorney General or other chief legal interpretation and these two scenarios. case, the AML authority paid substantial officer certify that each reclamation Therefore, agency administrative monies to the contractor to physically project to be undertaken is an eligible expenses that are traditionally attributed reclaim the site. While OSM anticipates site. Certain environmental, fiscal, to a particular type of government that other projects will be conducted administrative, and legal requirements construction project will not count under the Enhancing AML rule, the must be in place in order for a program towards the ‘‘government financing’’ of agency does not expect the number of to receive grants for reclamation. An that project. In other words, the only such projects to be large. extensive description of these administrative expenses incurred by a We would next like to take this requirements can be found at 30 CFR government agency that can count as opportunity to explain what OSM has part 884. part of the ‘‘government financing’’ of a always intended by the regulatory project are those expenses that are prohibition in 30 CFR 707.5 against ‘‘in E. What Types of Abandoned Sites Does outside the normal scope of that kind’’ payments being counted towards the Enhancing AML Rule Target? agency’s cost of doing business. the government financing of As discussed in substantial detail in As an example, most AML agencies ‘‘government-financed’’ construction. the February 12, 1999, Federal Register accomplish reclamation work through This prohibition first appeared in the notice, the Enhancing AML Rule will contractors. Depending upon an March 13, 1979, rulemaking and facilitate the reclamation of certain agency’s internal procedures, some continued substantially unchanged in abandoned mine lands that have little agencies regularly require the contractor the 1999 Enhancing AML Reclamation likelihood of being remined by the to perform all engineering and design Rule. As discussed above, the 2002 private sector or being reclaimed under work. Other agencies may regularly hire Circuit Court decision noted that the the current Title IV program because of an outside engineering firm or do the 1999 preamble appeared to accept a severely limited program funds. 64 FR work themselves. Should a government commenter’s suggestion that qualifying 7471. agency that regularly requires the government financing includes ‘‘in contractor to perform project kind’’ payments such as administrative II. Discussion of the Final Rule engineering and design work decide to expenses incurred by the AML agency We are publishing this rulemaking in do such work itself on a specific project, in reviewing and approving the project. response to the D.C. Circuit’s remand of the expense of that project’s engineering Id. at *2. The cited preamble language our Enhancing AML Reclamation Rule and design work would qualify towards response was not, however, intended to for further explanation as to which the ‘‘government financing’’ of that address the commenter’s suggestion that government expenses will qualify as project. This expense qualifies as administrative expenses incurred by the government-financing under the rule. ‘‘government financing’’ because it is a agency in reviewing and approving a We are doing this to address the concern government expense not regularly project were ‘‘in kind’’ payments. expressed by the court regarding our attributable to such projects. In contrast, Rather, it was OSM’s intent to address preamble discussion interpreting the a government agency that regularly does commenter’s concern that these

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administrative expenses would not AB89) published on February 12, 1999, accomplish more reclamation. To offset qualify as government financing under at 64 FR 7470. the reduction in government financing, § 707.5. OSM has never considered the the contractor would be allowed to sell 2. Regulatory Flexibility Act administrative expenses attributed by coal found incidental to the project and the government to a particular project to The Department of the Interior recovered as part of the reclamation. be a form of ‘‘in kind’’ payments. certifies that this rule will not have a Participation under the rule change is Instead, OSM has always considered ‘‘in significant economic impact on a strictly voluntary and those kind’’ payments to be contributions to substantial number of small entities participating are expected to do so the government by third parties of labor, under the Regulatory Flexibility Act (5 because of the economic benefit. materials, equipment or services that are U.S.C. 601 et seq.). This determination is based on the b. Will not cause a major increase in used by the government to accomplish costs or prices for consumers, required reclamation. As an example of analysis performed for the Enhancing AML Reclamation Rule (RIN 1029– individual industries, Federal, State, or such ‘‘in kind’’ payments to the local government agencies, or government, a not-for-profit watershed AB89) published on February 12, 1999, at 64 FR 7470. At that time it was geographic regions because the rule group might volunteer to plant trees as does not impose any new requirements part of a reclamation project and a local determined that the rule, when implemented, would slightly improve on the coal mining industry or nursery might contribute the trees. consumers, and State and Indian AML Pursuant to OSM’s longstanding business opportunities for all entities, small and large, by increasing the program administration is funded at 100 interpretation of the ‘‘in-kind’’ payment percent by the Federal government. prohibition of § 707.5, neither the value likelihood that additional reclamation c. Does not have significant adverse of the contributed planting services nor projects would be undertaken each year. effects on competition, employment, trees could ever count towards the Further, the economic impact of the rule investment, productivity, innovation, or government financing of the project. on small businesses was determined to be minimal. This determination was the ability of U.S.-based enterprises to Finally, for clarity, we are also making based on the facts that: compete with foreign-based enterprises non-substantive revisions to the for the reasons stated above. definition of ‘‘government-financed —the rule would not increase the cost construction’’ at 30 CFR 707.5. We have or burden on businesses reclaiming These determinations are based on the substituted the words ‘‘Government sites eligible under the existing analysis performed for the Enhancing financing’’ for the word ‘‘Funding.’’ The regulations; AML Reclamation Rule (RIN 1029– —the rule makes it possible for definition will then read in pertinent AB89) published on February 12, 1999, businesses to undertake the part, as follows: ‘‘Government financing at 64 FR 7470. reclamation of areas not previously at less than 50 percent may qualify if the remined or reclaimed under existing 4. Unfunded Mandates construction is undertaken as an regulations; This rule does not impose an approved reclamation project under —the undertaking of the reclamation Title IV of the Act.’’ (Revision in italics.) unfunded mandate on State, local, or projects opened up by the rule is Tribal governments or the private sector The limitation of the provision to entirely voluntary; and government financing is already of more than $100 million per year. The —the only increase in cost due to these rule does not have a significant or implicit in the definition but now is new projects will be that for made explicit. unique effect on State, local or Tribal documentation related to the removal governments or the private sector. The III. Procedural Determinations and sale of coal as an incidental part administration of the AML program by of the reclamation project. This a State or Indian Tribe is funded at 100 1. Executive Order 12866—Regulatory incremental cost will be factored into Planning and Review percent by the Federal Government and the cost of the project bid submitted the decision by a State or Indian Tribe This document is a significant rule to the Title IV governmental authority to participate is voluntary. A statement and has been reviewed by the Office of and should prove to be an containing the information required by Management and Budget under insignificant percentage of the total the Unfunded Mandates Reform Act (1 Executive Order 12866. bid. Those who do participate and bid U.S.C. 1531, et seq.) is not required. a. This rule will not have an effect of on reclamation projects resulting from $100 million or more on the economy. the rule will do so to reap an 5. Executive Order 12630—Takings economic benefit in the form of a It will not adversely affect in a material In accordance with Executive Order way the economy, productivity, profit on the sale of coal incidentally mined during the reclamation of the 12630, the rule does not have significant competition, jobs, the environment, takings implications. The rule would public health or safety, or State, local, site. The total amount of Federal money that will be available each year allow AML agencies to work in or Tribal governments or communities. partnership with contractors to leverage b. This rule will not create a serious for AML projects will neither increase nor decrease as a result of this rule. finite AML Reclamation Fund dollars to inconsistency or otherwise interfere accomplish more reclamation. To offset with an action taken or planned by 3. Small Business Regulatory the reduction in government financing, another agency. Enforcement Fairness Act the contractor would be allowed to sell c. This rule does not alter the This rule is not a major rule under 5 coal found incidental to the project and budgetary effects or entitlements, grants, U.S.C. 804(2), the Small Business recovered as part of the reclamation. user fees, or loan programs or the rights Regulatory Enforcement Fairness Act. 6. Executive Order 13132—Federalism or obligations of their recipients. This rule: d. This rule does raise legal or policy a. Does not have an annual effect on In accordance with Executive Order issues. the economy of $100 million or more. It 13132, the rule does not have significant These determinations are based on the would allow AML agencies to work in Federalism implications to warrant the analysis performed for the Enhancing partnership with contractors to leverage preparation of a Federalism Assessment AML Reclamation Rule (RIN 1029– finite AML Reclamation Fund dollars to for the reasons discussed above.

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7.Executive Order 12988—Civil Justice 11. National Environmental Policy Act requirements, Surface mining, Reform OSM prepared an environmental Underground mining. In accordance with Executive Order assessment (EA) for the Enhancing AML Dated: November 3, 2003. 12988, the Office of the Solicitor has Reclamation Rule (RIN 1029–AB89) Rebecca W. Watson, determined that this rule does not published on February 12, 1999, at 64 Assistant Secretary, Land and Minerals unduly burden the judicial system and FR 7470 and made a Finding of No Management. meets the requirements of sections 3(a) Significant Impact (FONSI) on the For the reasons given in the preamble, and 3(b)(2) of the Order. quality of the human environment 30 CFR part 707 is amended as set forth under section 102(2)(C) of the National below: 8. Executive Order 13175—Consultation Environmental Policy Act of 1969 and Coordination With Indian Tribal (NEPA), 42 U.S.C. 4332(2)(C). The EA Governments PART 707—EXEMPTION FOR COAL and FONSI are on file in the OSM EXTRACTION INCIDENT TO In accordance with Executive Order Administrative Record for the rule. That GOVERNMENT-FINANCED HIGHWAY 13175, we have evaluated the potential determination is valid for the OR OTHER CONSTRUCTION effects of this rule on Federally- publication of this rule. recognized Indian tribes and have ■ 1. The authority citation for part 707 determined that the rule does not have 12. Administrative Procedure Act continues to read as follows: substantial direct effects on one or more This final rule has been issued Indian tribes, or on the distribution of without prior public notice or Authority: Secs. 102, 201, 501, and 528 of power and responsibilities between the opportunity for public comment. The Pub. L. 95–87, 91 Stat. 448, 449, 467, and 514 Federal Government and Indian Tribes. Administrative Procedure Act (APA) (5 (30 U.S.C. 1202, 1211, 1251, 1278). As previously stated, three tribes will be U.S.C. 553) provides an exception to the ■ 2. In § 707.5, the definition of affected by the rule, the Hopi, the notice and comment procedures when Government-financed construction is Navajo and the Crow. The an agency finds there is good cause for revised to read as follows: administration of the AML program by dispensing with such procedures on the a State or Indian Tribe is funded at 100 basis that they are impracticable, § 707.5 Definitions. percent by the Federal Government and unnecessary or contrary to the public * * * * * the decision by a State or Indian Tribe interest OSM has determined that under Government-financed construction to participate is voluntary. 5 U.S.C. 553(b)(3)(B) good cause exists means construction funded at 50 for dispensing with the notice of percent or more by funds appropriated 9. Executive Order 13211—Actions proposed rulemaking and public Concerning Regulations That from a government financing agency’s comment procedures for this rule. budget or obtained from general revenue Significantly Affect Energy Supply, Specifically, this rulemaking clarifies Distribution, or Use bonds. Government financing at less the implementation of existing than 50 percent may qualify if the This rule is not considered a regulatory language and does not add or construction is undertaken as an ‘‘significant energy action’’ under remove any substantive requirements. approved reclamation project under Executive Order 13211. The For the same reasons, OSM has good Title IV of the Act. Construction funded administration of the AML program will cause under 5 U.S.C. 553(d) of the APA through government financing agency not have a significant effect on the to have the regulation become effective guarantees, insurance, loans, funds supply, distribution, or use of energy. on a date that is less than 30 days after obtained through industrial revenue the date of publication in the Federal 10. Paperwork Reduction Act bonds or their equivalent, or in-kind Register. payments does not qualify as This rule does not contain a collection government-financed construction. of information requiring clearance List of Subjects in 30 CFR Part 707 under the Paperwork Reduction Act by Highways and roads, Incidental [FR Doc. 03–28994 Filed 11–19–03; 8:45 am] the Office of Management and Budget. mining, Reporting and recordkeeping BILLING CODE 4310–05–P

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Reader Aids Federal Register Vol. 68, No. 224 Thursday, November 20, 2003

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING NOVEMBER

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202–741–6000 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since Laws 741–6000 the revision date of each title. 9 CFR Presidential Documents 3 CFR Executive orders and proclamations 741–6000 Proclamations: 71...... 62225 121...... 62218 The United States Government Manual 741–6000 7727...... 62351 7728...... 62503 130...... 62226, 64504 Other Services 7729...... 62505 145...... 64507 Electronic and on-line services (voice) 741–6020 7730...... 62507 147...... 64507 Privacy Act Compilation 741–6064 7731...... 64483 319...... 62228 Public Laws Update Service (numbers, dates, etc.) 741–6043 7732...... 64485 381...... 62228, 63983 TTY for the deaf-and-hard-of-hearing 741–6086 7733...... 64491 Proposed Rules: 7734...... 64977 93...... 62386 7735...... 65153 94...... 62386, 64274 ELECTRONIC RESEARCH 7736...... 65155 95...... 62386 World Wide Web Executive Orders: 10 CFR 12170 (See Notice of Full text of the daily Federal Register, CFR and other publications November 12, 11...... 62509 is located at: http://www.access.gpo.gov/nara 2003) ...... 64489 25...... 62509 50...... 65386 Federal Register information and research tools, including Public Administrative Orders: Inspection List, indexes, and links to GPO Access are located at: Memorandums: Proposed Rules: http://www.archives.gov/federallregister/ Memorandum of 50...... 65415 61...... 64993 E-mail October 20, 2003 ...... 63975 Presidential 11 CFR FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Determinations: an open e-mail service that provides subscribers with a digital No. 2004-05 of 102...... 64512 form of the Federal Register Table of Contents. The digital form October 21, 2003 ...... 63977 106...... 64517 of the Federal Register Table of Contents includes HTML and No. 2004-06 of 110...... 64512 PDF links to the full text of each document. October 21, 2003 ...... 63979 Proposed Rules: To join or leave, go to http://listserv.access.gpo.gov and select No. 2004-07 of 110...... 64571 Online mailing list archives, FEDREGTOC-L, Join or leave the list November 1, 2003 ...... 63981 113...... 64571 (or change settings); then follow the instructions. No. 2004-07 of 9004...... 64571 November 7, 2003 ...... 65383 9034...... 64571 PENS (Public Law Electronic Notification Service) is an e-mail Notices: 12 CFR service that notifies subscribers of recently enacted laws. Notice of November To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 12, 2003 ...... 64489 Proposed Rules: and select Join or leave the list (or change settings); then follow 614...... 65417 the instructions. 5 CFR 620...... 65417 FEDREGTOC-L and PENS are mailing lists only. We cannot 532...... 64493 630...... 65417 respond to specific inquiries. 2600...... 62213 3601...... 64979 14 CFR Reference questions. Send questions and comments about the 23...... 63011, 64520 Federal Register system to: [email protected] 7 CFR 35...... 64799 The Federal Register staff cannot interpret specific documents or 20...... 62213 39 ...... 62228, 62231, 62233, regulations. 205...... 62215 62513, 63013, 64263, 64266, 319...... 63983 64268, 64270, 64802, 64980, 331...... 62218 64982, 65157 FEDERAL REGISTER PAGES AND DATE, NOVEMBER 762...... 62221 71 ...... 62514, 62515, 62732, 62213–62350...... 3 764...... 62221 62733, 62734, 62735, 63017, 62351–62502...... 4 905...... 64494 63985, 64522, 64523, 64524, 916...... 64499 65159, 65161, 65162, 65163, 62503–62730...... 5 917...... 64499 65389 62731–63010...... 6 989...... 64502 73...... 64525 63011–63732...... 7 1464...... 65385 91...... 65382 63733–63982...... 10 1580...... 62731 95...... 65390 63983–64262...... 12 1910...... 62221 97 ...... 62234, 64983, 64985 64263–64490...... 13 1924...... 62221 121...... 65376 64491–64798...... 14 1941...... 62221 135...... 65376 64799–64976...... 17 1943...... 62221 145...... 65376 64977–65152...... 18 1955...... 62221 Proposed Rules: 65153–65382...... 19 Proposed Rules: 1...... 64730, 64993 65383–65626...... 20 457...... 64570 21...... 64730, 64993 624...... 65202 25...... 64730, 64993 800...... 65210 33...... 64730, 64993 1423...... 65412 39 ...... 62405, 62408, 62409,

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62415, 62544, 62545, 64001, 63986 81...... 62239 208...... 64559 64002, 64006, 64282, 64283, 31...... 63734 131...... 62740, 62744 210...... 64559 64286, 64288, 64290, 64295, 602...... 63734, 63986 271...... 64550 212...... 64557 64572, 64822, 64823, 64825, Proposed Rules: 300...... 62747, 64806 213...... 64557 64827, 64830, 64994, 64996, 1 ...... 62549, 62553, 63743, 350...... 64720 216...... 64661 64998, 65000, 65003, 65005, 63744, 65346, 65419 1600...... 65403 219...... 64559 65006, 65008, 65011 301...... 62553 Proposed Rules: 252...... 64557, 64559 71 ...... 62548, 62758, 62759, Ch. 1 ...... 65120 Proposed Rules: 27 CFR 62760, 62761, 62762, 64008, 52 ...... 62263, 62264, 62553, 601...... 64297 64574, 64575, 64832, 65224, Proposed Rules: 64576, 65229, 65234 602...... 64297 65417 9...... 62259, 63042 60...... 62553 603...... 64297 73...... 64833 28 CFR 81...... 62264 604...... 64297 121...... 64730, 64993 93...... 62690 605...... 64297 135...... 64730, 64993 14...... 62516 122...... 63042 606...... 64297 81...... 62370 15 CFR 133...... 63042 609...... 64297 544...... 65169, 65170 260...... 65586 611...... 64297 902...... 62501, 64986 29 CFR 261...... 64834, 65586 612...... 64297 Proposed Rules: 271...... 62264, 64578 613...... 64297 Proposed Rules: 740...... 64009 300...... 64843, 65020 616...... 64297 1910...... 64036 742...... 64009 350...... 64726 617...... 64297 1915...... 64036 748...... 64009 355...... 64041 619...... 64297 1926...... 64036, 65018 754...... 64009 622...... 64297 4022...... 64525 772...... 64009 42 CFR 623...... 64297 4044...... 64525 17 CFR 71...... 62353 625...... 64297 73...... 62245 228...... 64952 30 CFR 626...... 64297 400...... 63692 229...... 64952 250...... 65172 628...... 64297 405...... 63692 240...... 64952 707...... 65622 630...... 64297 410...... 63196, 63398 249...... 64952 943...... 62517 632...... 64297 414...... 63196 636...... 64297 270...... 64952 Proposed Rules: 419...... 63398 637...... 64297 274...... 64952 906...... 65422 426...... 63692, 65346 642...... 64297 Proposed Rules: 917...... 65424 651...... 64297 240 ...... 62872, 62910, 62972 950...... 62519 44 CFR 652...... 64297 242...... 62972 31 CFR 64...... 62748 653...... 64297 18 CFR 65...... 64809, 64812 1801...... 64847 103...... 65392 67...... 64817, 64819 4...... 63194 1803...... 64847 32 CFR 206...... 63738 1804...... 64847 19 CFR 199...... 65172 Proposed Rules: 1805...... 64847 206...... 65164 67 ...... 63745, 64844, 64845, 1806...... 64847 33 CFR 64846 1807...... 64847 20 CFR 100 ...... 62524, 63018, 65174 45 CFR 1808...... 64847 Proposed Rules: 101...... 62502 1809...... 64847 321...... 63041 104...... 62501 5b...... 62250 1811...... 64847 404...... 62670 117 ...... 62524, 62528, 63986, 46 CFR 1821...... 64847 408...... 62670 65174, 65175 416...... 62670 160...... 62501, 63735 2...... 62501 49 CFR 31...... 62501 165 ...... 62501, 62524, 63988, 383...... 63030 21 CFR 71...... 62501 64527, 64988, 65177 571...... 65179, 65404 1...... 63017 91...... 62501 385...... 64200 579...... 64568 16...... 62353 115...... 62501 Proposed Rules: 1572...... 63033 20...... 63017, 65392 126...... 62501 165 ...... 64038, 65227, 65427 590...... 65404 1240...... 62353 176...... 62501 334...... 65019 1310...... 62735 232...... 62535 Proposed Rules: 522...... 65168 37 CFR 281...... 62535 192...... 62555 Proposed Rules: 287...... 62535 195...... 62555 2...... 63019 224...... 62942 868...... 65014 7...... 63019 295...... 62535 870...... 65014 298...... 62535 393...... 64072 882...... 65014 38 CFR 310...... 62535 571...... 62417, 65431 587...... 62421 1300...... 62255 20...... 64805 355...... 62535 1301...... 62255 380...... 62535 21...... 65399 50 CFR 1304...... 62255 390...... 62535 1307...... 62255 39 CFR 229...... 65409 3001...... 65348 47 CFR 622 ...... 62373, 62542, 64820 22 CFR Proposed Rules: 25...... 62247, 63994 635...... 63738, 64990 Proposed Rules: 501...... 65429 51...... 63999 648...... 62250, 64821 96...... 64296 551...... 65430 64 ...... 62249, 62751, 63029 660...... 62374 98...... 64296 73 ...... 62539, 62540, 62541, Proposed Rules: 40 CFR 23 CFR 64555 17...... 65020 51...... 63021 Proposed Rules: 20...... 65023 655...... 65496 52 ...... 62236, 62239, 62501, 22...... 64050 300...... 63052 25 CFR 62529, 62738, 62869, 63021, 24...... 64050 600...... 62267, 64578 Proposed Rules: 63991, 64532, 64537, 64540, 73 ...... 62554, 64578, 64579 622...... 62267, 62422 161...... 64023 64543 90...... 64050 635...... 63747 60...... 62529 648...... 64579 26 CFR 63...... 63852, 64432 48 CFR 660...... 62763, 63053 1 ...... 62516, 63733, 63734, 70...... 63735, 65401 204...... 64555, 64557 679...... 62423

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REMINDERS VETERANS AFFAIRS U.S. insurance companies States; air quality planning The items in this list were DEPARTMENT with foreign persons; purposes; designation of editorially compiled as an aid Vocational rehabilitation and comments due by 11-24- areas: to Federal Register users. education: 03; published 9-23-03 [FR Oregon; comments due by Inclusion or exclusion from Veterans education— 03-24130] 11-26-03; published 10- this list has no legal Educational Assistance COMMERCE DEPARTMENT 27-03 [FR 03-26917] significance. Test Program; Industry and Security Air quality implementation increased allowances; Bureau plans; approval and published 11-20-03 promulgation; various RULES GOING INTO Export administration regulations: States: EFFECT NOVEMBER 20, Commerce Control List— Montana; comments due by 2003 COMMENTS DUE NEXT WEEK Computer technology and 11-28-03; published 10- software; 29-03 [FR 03-27269] AGRICULTURE New York; comments due ADVISORY COUNCIL ON microprocessor DEPARTMENT by 11-28-03; published HISTORIC PRESERVATION technology; comments Commodity Credit due by 11-24-03; 10-28-03 [FR 03-27157] Historic Preservation, Corporation published 10-24-03 [FR Advisory Council Environmental statements; Loan and purchase programs: 03-26788] availability, etc.: Historic properties protection; Tobacco; published 11-20- COMMERCE DEPARTMENT Coastal nonpoint pollution 03 comments due by 11-26-03; published 10-23-03 [FR 03- National Oceanic and control program— CHEMICAL SAFETY AND 26799] Atmospheric Administration Minnesota and Texas; HAZARD INVESTIGATION Fishery conservation and Open for comments BOARD AGRICULTURE DEPARTMENT management: until further notice; Organization, functions, and Atlantic highly migratory published 10-16-03 [FR operations; published 11-20- Agricultural Marketing 03-26087] Service species— 03 Pesticides; tolerances in food, Mango promotion, research Atlantic tunas, swordfish, DEFENSE DEPARTMENT and sharks; size limit animal feeds, and raw and information order; agricultural commodities: Vocational rehabilitation and comments due by 11-28-03; adjustments; comments education: published 10-9-03 [FR 03- due by 11-28-03; Bifenazate; comments due Veterans education— 25457] published 11-10-03 [FR by 11-25-03; published 9- 03-28130] 26-03 [FR 03-24370] Educational Assistance Tomatoes grown in— Caribbean, Gulf, and South Chlorfenapyr; comments due Test Program; Florida; comments due by Atlantic fisheries— by 11-25-03; published 9- increased allowances; 11-26-03; published 10- 26-03 [FR 03-24405] published 11-20-03 27-03 [FR 03-27014] Dolphin and wahoo; INTERIOR DEPARTMENT comments due by 11- Cyromazine; comments due AGRICULTURE 25-03; published 9-26- by 11-24-03; published 9- Surface Mining Reclamation DEPARTMENT and Enforcement Office 03 [FR 03-24391] 24-03 [FR 03-24012] Food Safety and Inspection West Coast States and Dimethomorph; comments Abandoned Mine Land Service Reclamation Program: Western Pacific due by 11-28-03; Meat and poultry inspection: fisheries— Government-financed published 9-29-03 [FR 03- Food labeling— construction; published Rockfish conservation 24564] 11-20-03 Poultry classes; comments areas; trip limit Etoxazole; comments due due by 11-28-03; adjustments; comments TRANSPORTATION by 11-25-03; published 9- published 9-29-03 [FR due by 11-24-03; 26-03 [FR 03-24368] DEPARTMENT 03-24536] published 10-24-03 [FR Federal Aviation Fenhexamid; comments due AGRICULTURE 03-26927] Administration by 11-25-03; published 9- DEPARTMENT ENERGY DEPARTMENT 26-03 [FR 03-24013] Airworthiness directives: Grain Inspection, Packers Federal Energy Regulatory Glufosinate ammonium; McDonnell Douglas; and Stockyards Commission comments due by 11-28- published 10-16-03 Administration Electric rate and corporate 03; published 9-29-03 [FR Pratt & Whitney Canada; Grain inspection equipment; regulation filings: 03-24565] published 10-16-03 official performance Virginia Electric & Power Imazapyr; comments due by TRANSPORTATION requirements: Co. et al.; Open for 11-25-03; published 9-26- DEPARTMENT Tolerance for dividers; comments until further 03 [FR 03-24123] Federal Highway regulation removed; notice; published 10-1-03 Indian meal moth granulosis Administration comments due by 11-24- [FR 03-24818] virus; comments due by Engineering and traffic 03; published 10-23-03 ENVIRONMENTAL 11-28-03; published 9-29- operations: [FR 03-26388] PROTECTION AGENCY 03 [FR 03-24563] Federal-aid projects; COMMERCE DEPARTMENT Air programs: Quinoxfen; comments due advance construction; Economic Analysis Bureau Stratospheric ozone by 11-28-03; published 9- published 10-21-03 International services surveys: protection— 29-03 [FR 03-24561] TRANSPORTATION BE-25; quarterly survey of Class I ozone depleting Sethoxydim; comments due DEPARTMENT transactions with substances; essential by 11-28-03; published 9- National Highway Traffic unaffiliated foreign use allowances 29-03 [FR 03-24562] Safety Administration persons in selected allocation (2004); Sulfentrazone; comments Motor vehicle safety services and in intangible comments due by 11- due by 11-24-03; standards: assets; comments due by 28-03; published 10-28- published 9-24-03 [FR 03- Tire pressure monitoring 11-24-03; published 9-23- 03 [FR 03-27160] 24011] systems; controls and 03 [FR 03-24129] Air quality implementation Thiacloprid; comments due displays; published 11-20- BE-45; quarterly survey of plans; approval and by 11-25-03; published 9- 03 insurance transactions by promulgation; various 26-03 [FR 03-24371]

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FEDERAL comments until further and aged, blind, and may be used in conjunction COMMUNICATIONS notice; published 10-27-03 disabled— with ‘‘PLUS’’ (Public Laws COMMISSION [FR 03-27113] Social Security Act (Titles Update Service) on 202–741– Digital television stations; table HOMELAND SECURITY II, VIII, and XVI); 6043. This list is also of assignments: DEPARTMENT representative payment; available online at http:// www.nara.gov/fedreg/ New York; comments due Coast Guard comments due by 11- 24-03; published 9-25- plawcurr.html. by 11-24-03; published Outer Continental Shelf 03 [FR 03-24017] 10-7-03 [FR 03-25334] activities: The text of laws is not Radio stations; table of Gulf of Mexico; safety TRANSPORTATION published in the Federal assignments: zones; comments due by DEPARTMENT Register but may be ordered North Dakota; comments 11-25-03; published 9-26- Federal Aviation in ‘‘slip law’’ (individual due by 11-24-03; 03 [FR 03-24366] Administration pamphlet) form from the published 10-21-03 [FR INTERIOR DEPARTMENT Airworthiness directives: Superintendent of Documents, 03-26499] U.S. Government Printing Surface Mining Reclamation Bombardier; comments due Television broadcasting: by 11-28-03; published Office, Washington, DC 20402 and Enforcement Office (phone, 202–512–1808). The Digital television 10-29-03 [FR 03-27209] Permanent program and text will also be made conversion— abandoned mine land Eurocopter France; available on the Internet from Digital low power reclamation plan comments due by 11-25- GPO Access at http:// television, television submissions: 03; published 9-26-03 [FR www.access.gpo.gov/nara/ translator stations and Maryland; comments due by 03-24282] nara005.html. Some laws may digital television booster 11-26-03; published 10- McDonnell Douglas; not yet be available. stations and related 27-03 [FR 03-27044] comments due by 11-24- issues; comment Montana; comments due by 03; published 10-8-03 [FR H.R. 1442/P.L. 108–126 request; comments due 11-26-03; published 10- 03-25493] To authorize the design and by 11-25-03; published 27-03 [FR 03-27045] Raytheon; comments due by construction of a visitor center 9-26-03 [FR 03-24328] 11-28-03; published 10- LIBRARY OF CONGRESS for the Vietnam Veterans FEDERAL ELECTION 14-03 [FR 03-25867] Memorial. (Nov. 17, 2003; 117 COMMISSION Copyright Office, Library of Stat. 1348) Congress TRANSPORTATION Contribution and expenditure DEPARTMENT H.R. 3288/P.L. 108–127 limitations and prohibitions: Copyright office and procedures: National Highway Traffic To amend title XXI of the Payroll deduction Safety Administration Social Security Act to make contributions to a trade Sound recordings under statutory licenses; notice Consumer information: technical corrections with association’s separate Vehicle rollover resistance; respect to the definition of segregated fund; and recordkeeping for use; comments due by dynamic rollover tests and qualifying State. (Nov. 17, rulemaking petition; results; comments due by 2003; 117 Stat. 1354) comments due by 11-24- 11-24-03; published 10-8- 03 [FR 03-25523] 11-28-03; published 10- S. 677/P.L. 108–128 03; published 10-24-03 14-03 [FR 03-25360] [FR 03-26749] NUCLEAR REGULATORY Black Canyon of the Gunnison COMMISSION Motor vehicle safety Boundary Revision Act of HEALTH AND HUMAN standards: SERVICES DEPARTMENT Source material; domestic 2003 (Nov. 17, 2003; 117 licensing: Controls and displays; Stat. 1355) Food and Drug comments due by 11-24- Utah uranium mills and Administration 03; published 9-23-03 [FR S. 924/P.L. 108–129 byproduct material Human drugs— 03-24145] To authorize the exchange of disposal facilities; lands between an Alaska Oral health care drug alternative groundwater TREASURY DEPARTMENT products (OTC)— Native Village Corporation and protection standards use; Alcohol and Tobacco Tax the Department of the Interior, Antigingivitis/antiplaque comments due by 11-24- and Trade Bureau and for other purposes. (Nov. products; monograph 03; published 10-24-03 Alcoholic beverages: 17, 2003; 117 Stat. 1358) establishment; [FR 03-26895] correction; comments Distilled spirits; exportation Last List November 17, 2003 POSTAL SERVICE due by 11-25-03; evidence; alternate published 10-6-03 [FR Domestic Mail Manual: documentation; comments 03-25044] Metered postage; refund due by 11-24-03; published 9-24-03 [FR 03- Public Laws Electronic Human drugs: procedures; comments due by 11-28-03; 23886] Notification Service Oral health care drug published 10-29-03 [FR VETERANS AFFAIRS (PENS) products (OTC)— 03-27186] DEPARTMENT Antigingivitis/antiplaque RAILROAD RETIREMENT Graves already marked at products; monograph PENS is a free electronic mail BOARD private expense; appropriate establishment; notification service of newly government marker comments due by 11- Freedom of Information Act; enacted public laws. To eligibility; comments due by 25-03; published 8-25- implementation; comments subscribe, go to http:// 11-24-03; published 9-25-03 03 [FR 03-21669] due by 11-28-03; published listserv.gsa.gov/archives/ 10-29-03 [FR 03-27107] [FR 03-24214] publaws-l.html Reports and guidance documents; availability, etc.: SOCIAL SECURITY Note: This service is strictly Evaluating safety of ADMINISTRATION LIST OF PUBLIC LAWS for E-mail notification of new antimicrobial new animal Social security benefits and laws. The text of laws is not drugs with regard to their supplemental security This is a continuing list of available through this service. microbiological effects on income: public bills from the current PENS cannot respond to bacteria of human health Federal old-age, survivors, session of Congress which specific inquiries sent to this concern; Open for and disability insurance, have become Federal laws. It address.

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