4–2–03 Wednesday Vol. 68 No. 63 Apr. 2, 2003 Pages 15921–16164

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1 II Federal Register / Vol. 68, No. 63 / Wednesday, April 2, 2003

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2 III

Contents Federal Register Vol. 68, No. 63

Wednesday, April 2, 2003

Agricultural Marketing Service Copyright Office, Library of Congress RULES PROPOSED RULES Cherries (sweet) grown in— Copyright office and procedures: Washington, 15923–15926 Prohibition of circumvention of copyright protection Raisins produced from grapes grown in— systems for access control technologies; exemption; California, 15926–15932 public hearings, 15972–15973 PROPOSED RULES Cherries (tart) grown in— Defense Department Michigan et al., 15971 NOTICES Personnel management demonstration projects: Agriculture Department Science and Technology Reinvention Laboratories— See Agricultural Marketing Service Demonstration project plans; amendment, 16119–16142 See Animal and Plant Health Inspection Service Drug Enforcement Administration Animal and Plant Health Inspection Service NOTICES RULES Applications, hearings, determinations, etc.: Exportation and importation of animals and animal Cambrex Charles City, Inc., 16088 products: Cambrex North Brunswick, Inc., 16088 Cooked meat and meat products imported from regions Cedarburg Pharmaceuticals, LLC, 16088 where rinderpest or foot-and-mouth disease exists, Cody Laboratories, Inc., 16088–16089 15932–15936 ISP Freetown Fine Chemicals, Inc., 16089 NOTICES Lonza Riverside, 16089 Environmental statements; availability, etc.: Mallinckrodt, Inc., 16089–16090 West Nile virus vaccine for use in horses; field testing, Noramco, Inc., 16090–16091 15980–15981 Novartis Pharmaceuticals Corp., 16091 Organichem Corp., 16091 Centers for Medicare & Medicaid Services Penick Corp., 16091 PROPOSED RULES Rhodes Technologies, 16091–16092 Medicaid: Stepan Co., 16092 Audiologists; provider qualifications, 15973–15978 Education Department Citizenship and Immigration Services Bureau NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals; correction, 16004–16006 submissions, and approvals, 16064–16065 Meetings: Student Financial Assistance Advisory Committee, Coast Guard 16006–16007 RULES Drawbridge operations: Employment and Training Administration Florida, 15943–15945 NOTICES NOTICES Adjustment assistance: Agency information collection activities; proposals, A.O. Smith Electrical Products Co., 16095 submissions, and approvals, 16065–16066 Alaska Commercial Fisheries Entry Commission; Permit Committees; establishment, renewal, termination, etc.: No. SO4T (Nick Timurphy), 16095 National Offshore Safety Advisory Committee, 16066 Allegheny Ludlum et al, 16095–16097 American Greetings Corp., 16097–16098 Commerce Department American Identity, 16098 See Industry and Security Bureau American Tool Companies, Inc., et al., 16098–16100 See International Trade Administration Ametek Dixson Division, 16100 See National Institute of Standards and Technology Caterpillar, Inc., 16100 See National Oceanic and Atmospheric Administration Caterpillar Paving Products, Inc., 16100 See Technology Administration Elliott Ebara Group, 16100 NOTICES Fishing Vessel MISS MADDISON, 16100 Agency information collection activities; proposals, General Electric, 16100 submissions, and approvals, 15981–15982 Hampton Distribution Companies, 16101 Ingersoll-Rand Co., 16101 Committee for the Implementation of Textile Agreements Irving Forest Products, 16101 NOTICES JJM, Ltd., 16101 African Growth and Opportunity Act; implementation: Kuhn Tool & Die Co., 16101 Light-and-medium-weight dyed warp pile cotton velvet Lacers Sport, Inc., 16101–16102 for use in apparel articles; commercial availability; Mastercraft Fabrics, LLC, 16102 comment request; cancelled, 16004 Material Handling Associates, 16102

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Mitten Manufacturing, 16102 Federal Aviation Administration National Controls Corp., 16102 RULES O.K. Industries, Inc., 16102 Airworthiness directives: Pfizer, Inc., 16103 Rolls-Royce Corp., 15937–15939 Sappi Fine Paper North America, 16103 NOTICES Square D Co., 16103 Commercial space transportation; U.S. launch range TMD Friction, Inc., 16103 improvements and modernization; requirements Adjustment assistance and NAFTA transitional adjustment request, 16114–16115 assistance: Fishing Vessel NETTA et al., 16093–16095 Federal Communications Commission Metaldyne, Inc., 16092–16093 NOTICES Grants and cooperative agreements; availability, etc.: Agency information collection activities; proposals, Workforce Investment Act— submissions, and approvals, 16052–16053 Dislocated worker activities; State allotments, 16103– 16107 Federal Emergency Management Agency NAFTA transitional adjustment assistance: RULES Specialty Machine Co., Inc., 16107 Flood insurance; communities eligible for sale: Various States, 15967–15969 NOTICES Energy Department Agency information collection activities; proposals, See Energy Information Administration submissions, and approvals, 16066–16071 See Federal Energy Regulatory Commission Disaster and emergency areas: NOTICES Delaware, 16071–16072 Floodplain and wetlands protection; environmental review Kentucky, 16072 determinations; availability, etc.: Maine, 16073 Oak Ridge Reservation, TN— Massachusetts, 16073 Parcel ED-1; title transfer, 16007 New Jersey, 16073–16074 Grants and cooperative agreements; availability, etc.: New York, 16074 Advanced melting or innovative casting processes for Ohio, 16074–16075 metal casting, 16007–16008 Pennsylvania, 16075 Tennessee, 16076 Energy Information Administration West Virginia, 16076–16077 NOTICES Agency information collection activities; proposals, Federal Energy Regulatory Commission submissions, and approvals, 16008–16009 NOTICES Electric rate and corporate regulation filings: FPL Energy Seabrook, LLC, et al., 16013–16015 Environmental Protection Agency Environmental statements; notice of intent: RULES Kinder Morgan Interstate Gas Transmission, LLC, 16015– Pesticides; tolerances in food, animal feeds, and raw 16017 agricultural commodities: Hydroelectric applications, 16017–16020 Bacillus pumilus (GB 34), 15958–15963 Applications, hearings, determinations, etc.: Modified acrylic polymers, 15963–15967 ANR Pipeline Co., 16009 S-metolachlor, 15945–15958 Colorado Interstate Gas Co., 16009–16010 NOTICES Columbia Gas Transmission Corp., 16010 Agency information collection activities; proposals, Columbia Gulf Transmission Co., 16010–16011 submissions, and approvals, 16020–16025 Florida Gas Transmission Co., 16011 Committees; establishment, renewal, termination, etc.: Northern Border Pipeline Co., 16011 National Pollution Prevention and Toxics Advisory Overthrust Pipeline Co., 16012 Committee, 16026–16028 Portland Natural Gas Transmission System, 16012 Pesticide, food, and feed additive petitions: Transwestern Pipeline Co., 16012–16013 Interregional Research Project (No. 4), 16040–16050 Wyckoff Gas Storage Co., LLC, 16013 Pesticide programs: Risk assessments— Carbaryl, 16030–16032 Federal Highway Administration Tolerance reassessment decisions— NOTICES Diuron, 16032–16034 Agency information collection activities; proposals, Tebuthiuron, 16038–16040 submissions, and approvals, 16115 Pesticide registration, cancellation, etc.: BASF Corp. et al., 16028–16030 Federal Maritime Commission Keller & Heckman LLP, 16034–16036 PROPOSED RULES Monsanto Co., 16036–16038 Tariffs and service contracts: Pesticides; experimental use permits, etc.: Electronic transmission filing, 15978–15979 Monsanto Co., 16050–16052 NOTICES Agreements filed, etc., 16053 Ocean transportation intermediary licenses: Executive Office of the President ITS International Container Lines Inc., et al., 16053– See Presidential Documents 16054

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Federal Trade Commission International Trade Administration NOTICES NOTICES Prohibited trade practices: Antidumping: Laser Vision Institute, LLC, 16054–16055 Stainless steel plate in coils from— LasikPlus, 16055–16056 Various countries; correction, 16117 Export trade certificates of review, 15983–15995 Food and Drug Administration Grants and cooperative agreements; availability, etc.: NOTICES Special American Business Internship Training Program, Agency information collection activities; proposals, 15995 submissions, and approvals, 16059–16060 Harmonisation International Conference; guidelines International Trade Commission availability: NOTICES M2 eCTD; Electronic Common Technical Document Import investigations: Specification, 16060–16061 Data storage systems and components, 16086–16087 Medical devices: Justice Department Patent extension; regulatory review period determination— See Drug Enforcement Administration NOTICES GYNECARE INTERGEL, 16061–16062 Agency information collection activities; proposals, OP-1 IMPLANT, 16062–16063 submissions, and approvals, 16087–16088 Reports and guidance documents; availability, etc.: Potassium iodide shelf life extension, 16063–16064 Labor Department See Employment and Training Administration General Services Administration RULES NOTICES Grants, contracts, and other agreements, and States; audit Interagency Committee for Medical Records: requirements, 16161–16162 Medical examination report (SF 88); automation, 16056– States, local governments, and non-profit organizations; 16059 audits, 16161–16163

Health and Human Services Department Library of Congress See Centers for Medicare & Medicaid Services See Copyright Office, Library of Congress See Food and Drug Administration See Substance Abuse and Mental Health Services National Highway Traffic Safety Administration Administration NOTICES Motor vehicle safety standards; exemption petitions, etc.: Cooper Tire & Rubber Co., 16115–16116 Homeland Security Department See Citizenship and Immigration Services Bureau National Institute of Standards and Technology See Coast Guard NOTICES See Federal Emergency Management Agency Meetings: Organic production and processing; certification bodies Housing and Urban Development Department accreditation criteria; workshop, 15995 NOTICES Agency information collection activities; proposals, National Oceanic and Atmospheric Administration submissions, and approvals, 16077–16080 RULES Fishery conservation and management: Industry and Security Bureau Alaska; fisheries of Exclusive Economic Zone— RULES North Pacific Groundfish Observer Program; correction, Export administration regulations: 15969–15970 Commerce Control List— Pacific cod, 15969 NOTICES Missle Technology Control Regime, 16143–16159 NOTICES Endangered and threatened species: Export privileges, actions affecting: Anadromous fish take— Talyi, Yaudat Mustafa, et al., 15982–15983 Cressey & Associates, El Cerrito, CA; salmonids, 16000–16001 Dynamac/USEPA, Corvallis, OR; California salmonids, Interior Department 15995–15996 See National Park Service East Bay Municipal Utility District, Lodi, CA; Central Valley steelhead, 16003–16004 Internal Revenue Service Fish First, Lewis River Basin, WA; salmon and RULES steelhead, 15996–15997 Excise taxes: Puget Sound Treaty Tribes et al., WA; chinook salmon, Diesel fuel; blended taxable fuel, 15940–15942 16001–16002 Income taxes: Washington State Fish and Wildlife Department et al.; Education tax credit; correction, 15940 salmon and steelhead, 15997–16000 Income taxes, etc.: Permits: Tax shelter regulations Endangered and threatened species, 16002–16003 Correction, 15942–15943 Marine mammals, 16002

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National Park Service Nonproliferation measures imposition: NOTICES North Korean entity, 16113 Environmental statements; availability, etc.: Pakistani entity, 16113–16114 Fort Frederica National Monument, GA, 16080–16081 Jamestown Project Development Concept Plan, VA, Substance Abuse and Mental Health Services 16081–16082 Administration Rock Creek Park, Washington, DC, 16082 NOTICES Environmental statements; notice of intent: Grant and cooperative agreement awards: Bandelier National Monument, NM, 16083 Hawaii County Mayor’s Office, 16064 National Register of Historic Places: Pending nominations, 16083–16086 Technology Administration NOTICES Nuclear Regulatory Commission Commercial space transportation; U.S. launch range NOTICES improvements and modernization; requirements Agency information collection activities; proposals, request, 16114–16115 submissions, and approvals, 16107 Meetings: Textile Agreements Implementation Committee Reactor Safeguards Advisory Committee, 16107 See Committee for the Implementation of Textile Agreements Presidential Documents PROCLAMATIONS Transportation Department Gambia, Republic of The, and the Democratic Republic of See Federal Aviation Administration Congo; designations under the African Growth and See Federal Highway Administration Opportunity Act (Proc. 7657), 15921–15922 See National Highway Traffic Safety Administration Securities and Exchange Commission RULES Treasury Department Securities: See Internal Revenue Service Sarbanes-Oxley Act of 2002; implementation— Non-generally accepted accounting principles (GAAP) financial measures, conditions for use; and pension Separate Parts In This Issue fund blackout periods, insider trades restriction, 15939–15940 Part II NOTICES Defense Department, 16119–16142 Agency information collection activities; proposals, submissions, and approvals, 16107–16109 Part III Securities: Commerce Department, Industry and Security Bureau, Suspension of trading— 16143–16159 GreenWave, Inc., 16109 Self-regulatory organizations; proposed rule changes: Part IV Pacific Exchange, Inc., 16109–16110 Labor Department, 16161–16163 Philadelphia Stock Exchange, Inc., 16111–16113 Small Business Administration Reader Aids PROPOSED RULES Small business size standards: Consult the Reader Aids section at the end of this issue for Nonmanufacturer rule; waivers— phone numbers, online resources, finding aids, reminders, Small arms manufacturing, 15971–15972 and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents State Department LISTSERV electronic mailing list, go to http:// NOTICES listserv.access.gpo.gov and select Online mailing list Arms Export Control Act: archives, FEDREGTOC-L, Join or leave the list (or change Determinations, 16113 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 Proclamations: 7657...... 15921 7 CFR 923...... 15923 989...... 15926 Proposed Rules: 930...... 15971 9 CFR 94...... 15932 13 CFR Proposed Rules: 121...... 15971 14 CFR 39...... 15937 15 CFR 740...... 16144 742...... 16144 774...... 16144 17 CFR 228...... 15939 229...... 15939 244...... 15939 249...... 15939 26 CFR 1...... 15940 40...... 15940 48...... 15940 49...... 15940 602 (2 documents) ...... 15940, 15942 29 CFR 96...... 16162 99...... 16162 33 CFR 117...... 15943 37 CFR Proposed Rules: 201...... 15972 40 CFR 180 (3 documents) ...... 15945, 15958, 15963 42 CFR Proposed Rules: 440...... 15973 44 CFR 64...... 15967 46 CFR Proposed Rules: 530...... 15978 50 CFR 679 (2 documents) ...... 15969

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Federal Register Presidential Documents Vol. 68, No. 63

Wednesday, April 2, 2003

Title 3— Proclamation 7657 of March 28, 2003

The President To Take Certain Actions Under the African Growth and Op- portunity Act With Respect to the Republic of The Gambia and the Democratic Republic of Congo

By the President of the United States of America

A Proclamation 1. Section 506A(a)(1) of the Trade Act of 1974, as amended (the ‘‘1974 Act’’) (19 U.S.C. 2466a(a)(1)), as added by section 111(a) of the African Growth and Opportunity Act (title I of Public Law 106–200) (AGOA), author- izes the President to designate a country listed in section 107 of the AGOA (19 U.S.C. 3706) as a ‘‘beneficiary sub-Saharan African country’’ if the Presi- dent determines that the country meets the eligibility requirements set forth in section 104 of the AGOA (19 U.S.C. 3703), as well as the eligibility criteria set forth in section 502 of the 1974 Act (19 U.S.C. 2462). 2. Section 104 of the AGOA authorizes the President to designate a country listed in section 107 of the AGOA as an ‘‘eligible sub-Saharan African country’’ if the President determines that the country meets certain eligibility requirements. 3. Section 112(b)(3)(B) of the AGOA (19 U.S.C. 3721(b)(3)(B)) provides special rules for certain apparel articles imported from ‘‘lesser developed beneficiary sub-Saharan African countries.’’ 4. Pursuant to section 104 of the AGOA and section 506A(a)(1) of the 1974 Act, I have determined that the Republic of The Gambia (The Gambia) meets the eligibility requirements set forth or referenced therein, and I have decided to designate The Gambia as an eligible sub-Saharan African country and as a beneficiary sub-Saharan African country. 5. Pursuant to section 104 of the AGOA, I have determined that the Demo- cratic Republic of Congo (DROC) meets the eligibility criteria set forth therein, and I have decided to designate DROC as an eligible sub-Saharan African country. 6. I have further decided to authorize the United States Trade Representative (USTR) to exercise the authority provided to the President under section 506A(a)(1) of the 1974 Act with respect to DROC. The USTR shall announce any such exercise of authority in a notice published in the Federal Register. 7. The Gambia satisfies the criterion for treatment as a ‘‘lesser developed beneficiary sub-Saharan African country’’ under section 112(b)(3)(B) of the AGOA. DROC, if it is designated as a beneficiary sub-Saharan African coun- try, would also satisfy the criterion for treatment as a ‘‘lesser developed beneficiary sub-Saharan African country’’ under section 112(b)(3)(B) of the AGOA. 8. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the President to embody in the Harmonized Tariff Schedule of the United States (HTS) the substance of the relevant provisions of that Act, and of other acts affecting import treatment, and actions thereunder, including the removal, modification, continuance, or imposition of any rate of duty or other import restriction. 9. With respect to any designation of DROC as a beneficiary sub-Saharan African country, I have decided to authorize the USTR to exercise the

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authority provided to the President under section 604 of the 1974 Act to embody modifications and technical or conforming changes in the HTS. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, acting under the authority vested in me by the Constitution and the laws of the United States of America, including sections 506A and 604 of the 1974 Act and section 104 of the AGOA, do proclaim that: (1) The Gambia is designated as an eligible sub-Saharan African country and as a beneficiary sub-Saharan African country. (2) In order to reflect this designation in the HTS, general note 16(a) to the HTS is modified by inserting in alphabetical sequence in the list of beneficiary sub-Saharan African countries ‘‘Republic of The Gambia.’’ (3) DROC is designated as an eligible sub-Saharan African country. (4) The USTR is authorized to exercise the authority provided to the President under section 506A(a)(1) of the 1974 Act with respect to DROC. The USTR shall announce any such exercise of authority in a notice pub- lished in the Federal Register. To implement any designation of DROC as a beneficiary sub-Saharan African country, the USTR is authorized to exercise the authority provided to the President under section 604 of the 1974 Act to embody modifications and technical or conforming changes in the HTS. (5) For purposes of section 112(b)(3)(B) of the AGOA, The Gambia is a lesser developed beneficiary sub-Saharan African country. If it is designated as a beneficiary sub-Saharan African country, DROC would also be a lesser developed beneficiary sub-Saharan African country for purposes of section 112(b)(3)(B) of the AGOA. (6) Any provisions of previous proclamations and Executive Orders that are inconsistent with this proclamation are superseded to the extent of such inconsistency. (7) The modification to the HTS made by this proclamation shall be effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date of publication of this proclamation in the Federal Register. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day of March, in the year of our Lord two thousand three, and of the Independence of the United States of America the two hundred and twenty- seventh. W

[FR Doc. 03–8160 Filed 4–1–03; 8:45 am] Billing code 3195–01–P

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Rules and Regulations Federal Register Vol. 68, No. 63

Wednesday, April 2, 2003

This section of the FEDERAL REGISTER ADDRESSES: Interested persons are not preempt any State or local laws, contains regulatory documents having general invited to submit written comments regulations, or policies, unless they applicability and legal effect, most of which concerning this rule. Comments must be present an irreconcilable conflict with are keyed to and codified in the Code of sent to the Docket Clerk, Marketing this rule. Federal Regulations, which is published under Order Administration Branch, Fruit and The Act provides that administrative 50 titles pursuant to 44 U.S.C. 1510. Vegetable Programs, AMS, USDA, 1400 proceedings must be exhausted before The Code of Federal Regulations is sold by Independence Avenue SW., STOP 0237, parties may file suit in court. Under the Superintendent of Documents. Prices of Washington, DC 20250–0237; Fax: (202) section 608c(15)(A) of the Act, any new books are listed in the first FEDERAL 720–8938; or E-mail handler subject to an order may file REGISTER issue of each week. [email protected]. All with the USDA a petition stating that comments should reference the docket the order, any provision of the order, or number and the date and page number any obligation imposed in connection DEPARTMENT OF AGRICULTURE of this issue of the Federal Register and with the order is not in accordance with will be made available for public law and request a modification of the Agricultural Marketing Service inspection in the Office of the Docket order or to be exempted therefrom. A Clerk during regular business hours, or handler is afforded the opportunity for 7 CFR Part 923 can be viewed at: http:// a hearing on the petition. After the [Docket No. FV02–923–1 IFR] www.ams.usda.gov/fv/moab.html. hearing the USDA would rule on the FOR FURTHER INFORMATION CONTACT: petition. The Act provides that the Sweet Cherries Grown in Designated Teresa L. Hutchinson, Marketing district court of the United States in any Counties in Washington; Specialist, Northwest Marketing Field district in which the handler is an Establishment of Procedures To Allow Office, Marketing Order Administration inhabitant, or has his or her principal the Grading or Packing of Sweet Branch, Fruit and Vegetable Programs, place of business, has jurisdiction to Cherries Outside the Production Area AMS, USDA, 1220 SW. Third Avenue, review the USDA’s ruling on the AGENCY: Agricultural Marketing Service, suite 385, Portland, Oregon 97204; petition, provided an action is filed not USDA. telephone (503) 326–2724; Fax: (503) later than 20 days after the date of the 326–7440; or George Kelhart, Technical ACTION: Interim final rule with request entry of the ruling. for comments. Advisor, Marketing Order Minimum grade, size, maturity, Administration Branch, Fruit and container, pack and inspection SUMMARY: This rule allows the grading Vegetable Programs, AMS, USDA, 1400 requirements are currently established or packing of sweet cherries outside the Independence Avenue SW., STOP 0237, under the order. This rule establishes production area established under the Washington, DC 20250–0237; telephone: procedures and safeguard requirements Washington sweet cherry marketing (202) 720–2491, Fax: (202) 720–8938. that allow for the grading or packing of order (order). The order regulates the Small businesses may request Washington sweet cherries outside the handling of sweet cherries grown in information on complying with this production area. Persons desiring to designated counties in Washington. regulation by contacting Jay Guerber, ship Washington sweet cherries for Persons desiring to ship Washington Marketing Order Administration grading or packing outside the sweet cherries for grading or packing Branch, Fruit and Vegetable Programs, production area will apply and report to outside the production area will apply AMS, USDA, 1400 Independence the Committee on forms provided by the and report to the Washington Cherry Avenue SW., STOP 0237, Washington, Committee. Marketing Committee (Committee) on DC 20250–0237; telephone (202) 720– Consistent with the authorities and forms provided by the Committee. The 2491, Fax: (202) 720–8938, or E-mail: procedures outlined in the Act, the reporting requirement will provide the [email protected]. order was amended on November 21, Committee with safeguard information SUPPLEMENTARY INFORMATION: This rule 2001 (66 FR 58350). One of the on the grading or packing of sweet is issued under Marketing Agreement amendments increased the size of the cherries outside the production area to No. 134 and Order No. 923, both as production area to include all counties assure that acceptable quality fruit is amended (7 CFR part 923), regulating east of the Cascade Range and provided shipped. This rule will provide greater the handling of sweet cherries grown in authority in § 923.54 for the flexibility in the grading, packing, and designated counties in Washington, establishment of procedures to allow the marketing of Washington sweet cherries. hereinafter referred to as the ‘‘order.’’ shipment of Washington sweet cherries In some cases, the facilities outside the The order is effective under the outside the production area for grading production area are closer to where the Agricultural Marketing Agreement Act and packing. Section 923.54 also fruit is produced, and the ability to of 1937, as amended (7 U.S.C. 601–674), provides authority for the establishment grade and pack outside the production hereinafter referred to as the ‘‘Act.’’ of such safeguards as may be necessary area would reduce costs. This rule was The Department of Agriculture to ensure the sweet cherries are handled recommended unanimously by the (USDA) is issuing this rule in in accordance with the order’s Committee, the agency responsible for conformance with Executive Order provisions. local administration of the order. 12866. The Committee met on May 14, 2002, DATES: Effective April 3, 2003; This rule has been reviewed under and unanimously recommended the comments received by June 2, 2003 will Executive Order 12988, Civil Justice establishment of procedures and be considered prior to issuance of a final Reform. This rule is not intended to safeguard requirements to allow the rule. have retroactive effect. This rule will grading or packing of sweet cherries

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outside the production area. Currently, packed outside the production area will annual receipts of less than $750,000 all cherries are required to be graded be inspected by the Federal or Federal- and small agricultural service firms are and packed before leaving the State Inspection Service and will meet defined as those whose annual receipts production area. Committee members the minimum grade, size, maturity, are less than $5,000,000. believe that this will give shippers an container, and pack requirements Based on Committee data, the average opportunity to choose those grading and established under § 923.322 prior to production of sweet cherries in packing facilities that will be most shipment. Washington State for the last three years beneficial to their individual After the Committee approves an is 64,676 tons. Based on Washington circumstances. The grading and packing application, the applicant within the Agricultural Statistics Service data, the costs that are charged to growers may be area of production and the applicant average producer price for sweet different among differenet handlers in packing facility outside the area will be cherries in Washington State for the last the production area or packing facilities required to submit a weekly Special three years is $1,943 per ton. With a outside the production area. There may Purpose Shipment Report to the Committee estimated 1,500 sweet cherry be differences in the type of packaging Committee when Washington sweet producers of record, the average annual or other services offered by packing cherries are shipped out of the producer revenue is calculated to be facilities within or outside the production area for grading or packing, approximately $83,777. Using production area. along with inspection certificates, and Committee data regarding each For example, a packing facility other information required by the individual handler’s’s total shipments outside the area of production is Committee for verification purposes. during the 2001 marketing year and a experimenting with modified Information collected on the reports will Committee estimated average F.O.B. atmosphere packaging that increases the include the names, addresses, telephone price of $24.00 per 20-pound container shelf life of sweet cherries. There are numbers, signatures of the applicants, in 2001, 79 percent of the Washington also Washington sweet cherry growers names of the growers and handlers of sweet cherry handlers ship under who are part owners of packing facilities such cherries, and the total quantities of $5,000,000 worth of sweet cherries and that are located outside the area of each variety of cherries shipped or 21 percent ship over $5,000,000 worth production, and it may be advantageous received. These reports will be of sweet cherries. Therefore, the for them to be able to deliver to those submitted to the Committee at the close majority of Washington sweet cherry facilities for grading and packing. of business every Friday during those producers and handlers may be Finally, some of the facilities are closer weeks when the shipper applicant has classified as small entities. Also, there to where the fruit is produced, and shipped or the receiver applicant has are an estimated 6 packing facilities or allowing these facilities to be used for received sweet cherries for grading and receivers that would be affected by this grading, packing, or both could reduce packing outside the production area. action. Although their size is not producer and handler delivery costs. The Committee estimates that each known, it is estimated that most would The Committee believes that the affected applicant will submit be considered small entities. minimum grade, size, maturity, approximately 10 of these reports Committee meetings are widely container, and pack requirements annually. publicized in advance of the meetings established under the order are very and are held in a location central to the important to the industry. The Initial Regulatory Flexibility Analysis production area. The meetings are open Committee believes such requirements Pursuant to requirements set forth in to all industry members and other create orderly marketing, are good for the Regulatory Flexibility Act (RFA), the interested persons who are encouraged consumers, encourage repeat purchases, Agricultural Marketing Service (AMS) to participate in the deliberations and and ultimately improve returns to has considered the economic impact of voice their opinions on topics under growers. Therefore, the Committee also this action on small entities. discussion. Thus, Committee recommended the establishment of Accordingly, AMS has prepared this recommendations can be considered to safeguards to ensure that all sweet initial regulatory flexibility analysis. represent the interests of small business cherries graded and packed outside the The purpose of the RFA is to fit entities in the industry. production area are ultimately inspected regulatory actions to the scale of This rule will allow persons to ship and certified by the Federal or Federal- business subject to such actions in order Washington sweet cherries outside the State Inspection Service as meeting the that small businesses will not be unduly area of production for grading and minimum grade, size, maturity, or disproportionately burdened. packing. Applicants desiring to ship or container, and pack requirements Marketing orders issued pursuant to the receive sweet cherries for grading or established under the order. Persons Act, and the rules issued thereunder, are packing outside the production area will desiring to ship or receive sweet unique in that they are brought about be required to submit an application to cherries for grading or packing outside through group action of essentially the Committee. The applicants will the production area will apply to the small entities acting on their own certify that all production area cherries Committee on a Shippers/Receivers behalf. Thus, both statutes have small graded or packed outside the production Application for Special Purpose entity orientation and compatibility. area will be inspected by the Federal- Shipment Certificate. Such applicants Based on Committee data, there are State Inspection Service and will meet will submit an application each year approximately 1,500 producers the minimum grade, size, maturity, prior to shipping or receiving sweet (growers) of sweet cherries in the container, and pack requirements cherries for grading or packing outside production are and approximately 62 established under § 923.322 prior to the production area. Information handlers subject to regulation under the shipment. Persons who are approved by collected on the application will order. The Committee estimates that the Committee to ship or receive will include the date, name, address, phone there are about 6 prospective applicants report all production area sweet cherries number, signature of the applicant, and that may take advantage of this shipped or received for grading or such other information as the marketing opportunity. Small packing outside the production area at Committee may require. The form agricultural producers are defined by the close of business every Friday. includes a certification that all the Small Business Administration Regarding the impact of the proposed production are cherries graded or (SBA) (13 CFR 121.201) as those having action on affected entities, this rule will

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impose minimal additional costs. As that duplicate, overlap or conflict with packing outside the production area. previously mentioned, the Committee this rule. After the Committee approves the estimates that about six prospective Further, the Committee’s meeting was application, the applicant will be applicants may desire to ship or receive widely publicized throughout the sweet required to submit weekly a Special sweet cherries for grading or packing cherry industry and all interested Purpose Shipment Report to the outside the production area during the persons were invited to attend the Committee when Washington sweet marketing year. Such applicants will be meeting and participate in Committee cherries are shipped or received for required to submit a Shippers/Receivers deliberations on all issues. Like all grading or packing along with Application for Special Purpose Committee meetings, the May 14, 2002, inspection certificates or other Shipment Certificate and receive meeting was a public meeting and all information required by the Committee approval from the Committee prior to entities, both large and small, were able for verification purposes. The new shipping or receiving any production to express views on this issue. Finally, Committee forms will help ensure area sweet cherries each year for grading interested persons are invited to submit compliance with the regulations and or packing. After the Committee information on the regulatory and assist the Committee and the USDA approves an application, both informational impacts of this action on with oversight and planning. applicants will be required to submit a small businesses. The information collected is used weekly Special Purpose Statement A small business guide on complying only by authorized representatives of Report to the Committee when with fruit, vegetable, and specialty crop the USDA, including AMS, Fruit and Washington sweet cherries are shipped marketing agreements and orders may Vegetable Programs’ regional and or received for grading or packing along be viewed at: http://www.ams.usda.gov/ headquarter’s staff, and authorized with inspection certificates or other fv/moab.html. Any questions about the Committee employees. Authorized information required by the Committee compliance guide should be sent to Jay Committee employees are the primary for verification purposes. The Guerber at the previously mentioned users of the information and AMS is the Committee estimates that each affected address in the FOR FURTHER INFORMATION secondary user. applicant will submit about 10 of these CONTACT section. The request for approval of the new reports annually. The annual industry Paperwork Reduction Act information collections under the order burden associated with this information is as follows: collection is estimated to total In accordance with the Paperwork Shippers/Receivers Application for approximately 5 hours. Reduction act of 1995 (44 U.S.C. special Purpose Shipment Certificate. Chapter 35), this notice announces that An alternative to this action would be Estimate of Burden: Public reporting AMS is seeking emergency approval for to not allow Washington sweet cherries burden for this collection is estimated to a new information collection request for to be shipped outside the production average 2 minutes per response. Sweet Cherries Grown in Designated area for grading or packing. This Respondents: Persons who ship or Counties in Washington, Marketing alternative would limit the flexibility of receive Washington sweet cherries for Order No. 923. The emergency request growers and handlers to make decisions grading or packing outside the was necessary because insufficient time related to the grading, packing, and production area. was available to follow normal marketing of Washington sweet cherries. Estimated Number of Respondents: 6. clearance procedures. This collection Estimated Number of Responses per Another alternative would be to allow will be merged with the forms currently Respondent: 1. shipments of such sweet cherries for approved for use under OMB No. 0581– Estimated Total Annual burden on grading or packing outside the 0189 ‘‘Generic OMB Fruit Crops.’’ Respondents: 0.18 hours. production area, but not require any Title: Sweet Cherries Grown in Special Purpose Shipment Report. reporting. The Committee did not Designated Counties in Washington, Estimate of Burden: Public reporting support this alternative because of the Marketing Order No. 923. burden for this collection of information lack of any safeguards to ensure OMB Number: 0581–NEW. is estimated to average 5 minutes per compliance with the handling Type of Request: New collection. response. requirements implemented under the Abstract: The information collection Respondents: Persons who ship or order. Allowing the shipment of requirements in this request are receive Washington sweet cherries for Washington sweet cherries outside the essential to carry out the intent of the grading or packing outside the production area for grading or packing Act, to provide the respondents the type production area. is a relaxation of order requirements and of service they request, and to Estimated Number of Respondents: 6. any costs related to additional reporting administer the Washington sweet cherry Estimated Number of Responses per will be greatly outweighed by the marketing order program, which has Respondent: 10. benefits of allowing such shipments. been operating since 1957. Estimated Total Annual Burden on This rule will impose an additional On May 14,2002, the Committee Respondents: 4.98 hours reporting and recordkeeping burden on unanimously recommended the Comments: Comments are invited on: persons who ship or receive sweet establishment of procedures and (1) Whether the proposed collection of cherries for grading or packing outside safeguard requirements to allow the information is necessary for the proper the production area. This action grading or packing of sweet cherries performance of the functions of the requires two new Committee forms. The outside the production area. This agency, including whether the information collection requirements are information will be reported on two information will have practical utility; discussed in the following section. new Committee forms. The safeguard (2) the accuracy of the agency’s estimate As with all Federal marketing order requirements require an applicant to of the burden of the proposed collection programs, reports and forms are apply to the Committee on a Shipper/ of information, including the validity of periodically reviewed to reduce Receivers Application for Special the methodology and assumptions used; information requirements and Purpose Shipment Certificate form once (3) ways to enhance the quality, utility, duplication by industry and public a year, and receive approval from the and clarity of the information to be sector agencies. In addition, USDA has Committee, prior to shipping or collected; and (4) ways to minimize the not identified any relevant Federal rules receiving sweet cherries for grading or burden of the collection of information

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on those who are to respond, including implemented on November 21, 2001, (iii) The total quantity of each variety the use of appropriate automated, after approval in a grower referendum; of cherries; and electronic, mechanical, or other (2) the Committee unanimously (iv) Such other information as the technological collection techniques or recommended these changes at a public committee may require. other forms of information technology. meeting and all interested parties had (3) The committee may rescind or Comments should reference OMB No. an opportunity to provide input; deny to any applicant its approval of the (3) Washington sweet cherry growers 0581–NEW and the Marketing Order for ‘‘Shippers/Receivers Application for and handlers are aware of this rule and Sweet Cherries Grown in Designated Special Purpose Shipment Certificate’’ if need no additional time to comply with Counties in Washington and be sent to proof satisfactory to the committee is the USDA in care of the Docket Clerk at the relaxed requirements; (4) sweet cherries will begin being obtained that any cherries shipped or the previously mentioned address. All received by such applicant for grading comments received will be available for shipped in June; and (5) this rule provides a 60-day or packing were handled contrary to the public inspection during regular provisions of this section. business hours at the same address. comment period and any comments * * * * * All responses to this notice will be received will be considered prior to summarized and included in the request finalization of this rule. Dated: March 26, 2003. for OMB approval. All comments will List of Subjects in 7 CFR Part 923 A.J. Yates, become a matter of public record. As Cherries, Marketing agreements, Administrator, Agricultural Marketing Service. mentioned before, because there was Reporting and recordkeeping insufficient time for a normal clearance requirements. [FR Doc. 03–7846 Filed 4–1–03; 8:45 am] procedure and prompt implementation ■ BILLING CODE 3410–02–M is needed, AMS has obtained emergency For the reasons set forth in the pre- approval from OMB for the use of the amble, 7 CFR part 923 is amended as fol- new forms for the year. This collection lows: DEPARTMENT OF AGRICULTURE will be merged with the forms currently PART 923—SWEET CHERRIES Agricultural Marketing Service approved for use under OMB No. 0581– GROWN IN DESIGNATED COUNTIES 0189 ‘‘Generic OMB Fruit Crops.’’ As IN WASHINGTON with all Federal marketing order 7 CFR Part 989 programs, reports and forms are ■ 1. The authority citation for 7 CFR part periodically reviewed to reduce 923 continues to read as follows: [Docket No. FV03–989–4 IFR] information requirements and Authority: 7 U.S.C. 601–674. duplication by industry and public Raisins Produced From Grapes Grown sector agencies. ■ 2. Section 923.322 is amended by in California; Final Free and Reserve This rule allows the grading or redesignating paragraphs (f) and (g) as (g) Percentages for 2002–03 Crop Natural packing of sweet cherries outside the and (h), respectively, and adding a new (Sun-Dried) Seedless and Zante production area established under the paragraph (f) to read as follows: Currant Raisins Washington sweet cherry marketing § 923.322 Washington Cherry Regulation. AGENCY: Agricultural Marketing Service, order. Persons desiring to ship or * * * * * USDA. receive sweet cherries for grading or (f) Grading or packing cherries packing outside the production area will ACTION: Interim final rule with request outside the production area. (1) Persons for comments. apply and report to the Washington desiring to ship or receive cherries for Cherry Marketing Committee on forms grading or packing outside the provided by the Committee. The SUMMARY: This rule establishes final production area shall apply to the volume regulation percentages for 2002– reporting requirement will provide the committee on a ‘‘Shippers/Receivers Committee with safeguard information 03 crop Natural (sun-dried) Seedless Application for Special Purpose (NS) and Zante Currant (ZC) raisins to ensure compliance on the grading or Shipment Certificate’’ form, and receive packing of sweet cherries outside the covered under the Federal marketing approval from the Committee. The order for California raisins (order). The production area. application shall contain the following: Any comments received will be order regulates the handling of raisins (i) Name, address, telephone number, produced from grapes grown in considered prior to finalization of this and signature of applicant; rule. California and is locally administered (ii) Certification by the applicant that by the Raisin Administrative Committee After consideration of all relevant cherries graded and packed outside the material presented, including the (Committee). The volume regulation production area shall be inspected by percentages are 53 percent free and 47 Committee’s recommendation, and the Federal-State Inspection Service and other information, it is found that this percent reserve for NS raisins, and 80 shall meet the grade, size, maturity, percent free and 20 percent reserve for interim final rule, as hereinafter set container, and pack requirements of this forth, will tend to effectuate the ZC raisins. The percentages are section prior to shipment; and intended to help stabilize raisin declared policy of the Act. (iii) Such other information as the Pursuant to 5 U.S.C. 553, is also found supplies and prices, and strengthen committee may require. market conditions. and determined upon good cause that it (2) Each approved applicant shall is impracticable, unnecessary, and furnish to the committee, at the close of DATES: Effective April 3, 2003. The contrary to public interest to give business every Friday, a report volume regulation percentages apply to preliminary notice prior to putting this containing the following information on acquisitions of NS and ZC raisins from rule into effect and that good cause a ‘‘Special Purpose Shipment Report’’ the 2002–03 crop until the reserve exists for not postponing the effective form: raisins from that crop are disposed of date of this rule until 30 days after (i) Name, address, telephone number, under the marketing order. Comments publication in the Federal Register and signature of applicant; received by June 2, 2003, will be because: (1) The order amendments (ii) Names of growers and handlers of considered prior to issuance of a final prompting these changes were such cherries; rule.

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ADDRESSES: Interested persons are This rule has been reviewed under government purchase, distilleries, or invited to submit written comments Executive Order 12988, Civil Justice animal feed. concerning this rule. Comments must be Reform. Under the order provisions now The volume regulation percentages sent to the Docket Clerk, Marketing in effect, final free and reserve are intended to help stabilize raisin Order Administration Branch, Fruit and percentages may be established for supplies and prices, and strengthen Vegetable Programs, AMS, USDA, 1400 raisins acquired by handlers during the market conditions. The Committee Independence Avenue SW., STOP 0237, crop year. This rule establishes final free unanimously recommended ZC final Washington, DC 20250–0237; Fax: (202) and reserve percentages for NS and ZC percentages on January 29, 2003, and 720–8938, or E-mail: raisins for the 2002–03 crop year, which NS final percentages on February 13, [email protected]. All began August 1, 2002, and ends July 31, 2003. comments should reference the docket 2003. This rule will not preempt any number and the date and page number State or local laws, regulations, or Computation of Trade Demands of this issue of the Federal Register and policies, unless they present an Section 989.54 of the order prescribes will be made available for public irreconcilable conflict with this rule. procedures and time frames to be inspection in the Office of the Docket The Act provides that administrative followed in establishing volume Clerk during regular business hours, or proceedings must be exhausted before regulation. This includes methodology can be viewed at: http:// parties may file suit in court. Under used to calculate percentages. Pursuant www.ams.usda.gov/fv/moab.html. section 608c(15)(A) of the Act, any to § 989.54(a) of the order, the FOR FURTHER INFORMATION CONTACT: handler subject to an order may file Committee met on August 14, 2002, to Maureen T. Pello, Senior Marketing with USDA a petition stating that the review shipment and inventory data, Specialist, California Marketing Field order, any provision of the order, or any and other matters relating to the Office, Marketing Order Administration obligation imposed in connection with supplies of raisins of all varietal types. Branch, Fruit and Vegetable Programs, the order is not in accordance with law The Committee computed a trade AMS, USDA, 2202 Monterey Street, and request a modification of the order demand for each varietal type for which suite 102B, Fresno, California 93721; or to be exempted therefrom. Such a free tonnage percentage might be telephone: (559) 487–5901, Fax: (559) handler is afforded the opportunity for recommended. Trade demand is 487–5906; or George Kelhart, Technical a hearing on the petition. After the computed using a formula specified in Advisor, Marketing Order hearing USDA would rule on the the order and, for each varietal type, is Administration Branch, Fruit and petition. The Act provides that the equal to 90 percent of the prior year’s Vegetable Programs, AMS, USDA, 1400 district court of the United States in any shipments of free tonnage and reserve Independence Avenue SW., STOP 0237, district in which the handler is an tonnage raisins sold for free use into all Washington, DC 20250–0237; telephone: inhabitant, or has his or her principal market outlets, adjusted by subtracting (202) 720–2491, Fax: (202) 720–8938. place of business, has jurisdiction to the carryin on August 1 of the current Small businesses may request review USDA’s ruling on the petition, crop year, and adding the desirable information on complying with this provided an action is filed not later than carryout at the end of that crop year. As regulation by contacting Jay Guerber, 20 days after the date of the entry of the specified in § 989.154(a), the desirable Marketing Order Administration ruling. carryout for NS raisins shall equal the Branch, Fruit and Vegetable Programs, This rule establishes final volume total shipments of free tonnage during AMS, USDA, 1400 Independence regulation percentages for 2002–03 crop August and September for each of the Avenue SW., STOP 0237, Washington NS and ZC raisins covered under the past 5 crop years, converted to a natural DC 20250–0237; telephone: (202) 720– order. The volume regulation condition basis, dropping the high and 2491, Fax: (202) 720–8938, or E-mail: percentages are 53 percent free and 47 low figures, and dividing the remaining [email protected]. percent reserve for NS raisins, and 80 sum by three, or 60,000 natural SUPPLEMENTARY INFORMATION: This rule percent free and 20 percent reserve for condition tons, whichever is higher. For is issued under Marketing Agreement ZC raisins. Free tonnage raisins may be all other varietal types, including ZC and Order No. 989 (7 CFR part 989), sold by handlers to any market. Reserve raisins, the desirable carryout shall both as amended, regulating the raisins must be held in a pool for the equal the total shipments of free tonnage handling of raisins produced from account of the Committee and are during August, September and one-half grapes grown in California, hereinafter disposed of through various programs of October for each of the past 5 crop referred to as the ‘‘order.’’ The order is authorized under the order. For years, converted to a natural condition effective under the Agricultural example, reserve raisins may be sold by basis, dropping the high and low Marketing Agreement Act of 1937, as the Committee to handlers for free use figures, and dividing the remaining sum amended (7 U.S.C. 601–674), hereinafter or to replace part of the free tonnage by three. In accordance with these referred to as the ‘‘Act.’’ raisins they exported; used in diversion provisions, the Committee computed The Department of Agriculture programs; carried over as a hedge and announced 2002–03 trade demands (USDA) is issuing this rule in against a short crop; or disposed of in for NS and ZC raisins at 196,185 tons conformance with Executive Order other outlets not competitive with those and 2,166 tons, respectively, as shown 12866. for free tonnage raisins, such as below.

COMPUTED TRADE DEMANDS [Natural condition tons]

NS raisins ZC raisins

Prior year’s shipments ...... 298,133 3,441 Multiplied by 90 percent ...... 0.90 0.90

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COMPUTED TRADE DEMANDS—Continued [Natural condition tons]

NS raisins ZC raisins

Equals adjusted base ...... 268,320 3,097

Minus carryin inventory ...... 132,135 1,910 Plus desirable carryout ...... 60,000 978

Equals computed trade demand ...... 196,185 2,166

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

FINAL VOLUME REGULATION PERCENTAGES [Natural condition tons]

NS Raisins ZC Raisins

Trade demand ...... 196,185 3,302 Divided by crop estimate ...... 1 373,680 2 4,128

Equals free percentage ...... 53 80 100 minus free percentage equals reserve percentage ...... 47 20 1 The crop estimate for NS raisins is underestimated, as acquisitions through the week ending February 22, 2003, were at 378,601 tons.

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2 The crop estimate for ZC raisins is underestimated, as acquisitions through the week ending February 22, 2003, were at 4,200 tons.

In addition, USDA’s ‘‘Guidelines for authority for sales of reserve raisins to regulation percentages for 2002–03 crop Fruit, Vegetable, and Specialty Crop handlers under certain conditions such NS and ZC raisins. The volume Marketing Orders’’ (Guidelines) specify as a national emergency, crop failure, regulation percentages are 53 percent that 110 percent of recent years’ sales change in economic or marketing free and 47 percent reserve for NS should be made available to primary conditions, or if free tonnage shipments raisins, and 80 percent free and 20 markets each season for marketing in the current crop year exceed percent reserve for ZC raisins. Free orders utilizing reserve pool authority. shipments of a comparable period of the tonnage raisins may be sold by handlers This goal will be met for NS and ZS prior crop year. Such reserve raisins to any market. Reserve raisins must be raisins by the establishment of final may be sold by handlers to any market. held in a pool for the account of the percentages, which release 100 percent When implemented, the additional Committee and are disposed of through of the trade demands and the offer of offers of reserve raisins make even more certain programs authorized under the additional reserve raisins for sale to raisins available to primary markets, order. handlers under the ‘‘10 plus 10 offers.’’ which is consistent with USDA’s Volume regulation is warranted this As specified in § 989.54(g), the 10 plus Guidelines. season for NS raisin acquisitions of 10 offers are two offers of reserve pool 378,601 tons through the week ending raisins, which are made available to Initial Regulatory Flexibility Analysis February 22, 2003, combined with the handlers during each season. For each Pursuant to requirements set forth in carryin inventory of 132,135 tons, plus such offer, a quantity of reserve raisins the Regulatory Flexibility Act (RFA), the 18,000 tons of reserve raisins released equal to 10 percent of the prior year’s Agricultural Marketing Service (AMS) for free use through an export program, shipments is made available for free use. has considered the economic impact of results in a total available supply of Handlers may sell their 10 plus 10 this action on small entities. 528,736 tons, which is about 270 raisins to any market. Accordingly, AMS has prepared this percent higher than the 196,185-ton For NS raisins, the first ‘‘10 plus 10 initial regulatory flexibility analysis. trade demand. Volume regulation is offer’’ was held in February 2003. A The purpose of the RFA is to fit warranted for ZC raisins this season total of 29,813 tons was made available regulatory actions to the scale of because acquisitions of 4,200 tons to raisin handlers; all of the raisins were business subject to such actions in order through the week ending February 22, purchased. The second 10 plus 10 offer that small businesses will not be unduly 2003, combined with the carryin of 29,813 tons will be made available to or disproportionately burdened. inventory of 1,910 tons results in a total handlers in May 2003. Adding the total Marketing orders issued pursuant to the available supply of 6,110 tons, which is figure of 59,626 tons of 10 plus 10 Act, and rules issued thereunder, are about twice the 3,302-ton trade demand. raisins to the 200,658 tons of free unique in that they are brought about Many years of marketing experience tonnage raisins acquired by handlers through group action of essentially led to the development of the current from producers through the week small entities acting on their own volume regulation procedures. These ending February 22, 2003, plus 132,135 behalf. Thus, both statutes have small procedures have helped the industry tons of 2001–02 carryin inventory, plus entity orientation and compatibility. address its marketing problems by 18,000 tons of reserve raisins released There are approximately 20 handlers keeping supplies in balance with during the season through an export of California raisins who are subject to domestic and export market needs, and program, equates to 410,419 tons of regulation under the order and strengthening market conditions. The natural condition raisins, or 385,207 approximately 4,500 raisin producers in current volume regulation procedures tons of packed raisins, that are available the regulated area. Small agricultural fully supply the domestic and export to handlers for free use or primary service firms are defined by the Small markets, provide for market expansion, markets. This is about 138 percent of the Business Administration (13 CFR and help reduce the burden of quantity of NS raisins shipped during 121.201) as those having annual receipts oversupplies in the domestic market. the 2001–02 crop year (298,133 natural of less than $5,000,000, and small Raisin grapes are a perennial crop, so condition tons or 279,819 packed tons). agricultural producers are defined as production in any year is dependent For ZC raisins, both ‘‘10 plus 10 those having annual receipts of less than upon plantings made in earlier years. offers’’ were held simultaneously in $750,000. Thirteen of the 20 handlers The sun-drying method of producing February 2003. A total of 688 tons was subject to regulation have annual sales raisins involves considerable risk made available to handlers, and all of estimated to be at least $5,000,000, and because of variable weather patterns. the raisins were purchased. Adding the the remaining 7 handlers have sales less Even though the product and the 688 tons of 10 plus 10 raisins to the than $5,000,000. No more than 7 industry are viewed as mature, the 3,360 tons of free tonnage raisins handlers, and a majority of producers, of industry has experienced considerable acquired by handlers from producers California raisins may be classified as change over the last several decades. through the week ending February 22, small entities. Before the 1975–76 crop year, more than 2003, plus 1,910 tons of 2001–02 carryin Since 1949, the California raisin 50 percent of the raisins were packed inventory equates to 5,958 tons of industry has operated under a Federal and sold directly to consumers. Now, natural condition raisins, or about 5,268 marketing order. The order contains over 60 percent of raisins are sold in tons of packed raisins, available to authority to, among other things, limit bulk. This means that raisins are now handlers for free use or primary the portion of a given year’s crop that sold to consumers mostly as an markets. This is about 173 percent of the can be marketed freely in any outlet by ingredient in another product such as quantity of ZC raisins shipped during raisin handlers. This volume control cereal and baked goods. In addition, for the 2001–02 crop year (3,441 tons mechanism is used to stabilize supplies a few years in the early 1970’s, over 50 natural condition tons or 3,043 packed and prices and strengthen market percent of the raisin grapes were sold to tons). conditions. the wine market for crushing. Since In addition to the 10 plus 10 offers, Pursuant to § 989.54(d) of the order, then, the percent of raisin-variety grapes § 989.67(j) of the order provides this rule establishes final volume sold to the wine industry has decreased.

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In addition, the price wineries have Although the size of the crop for raisin- production varied from a low of 272,063 offered for raisin grapes has dropped to variety grapes may be known, the tons in 1996–97 to a high of 387,007 $65 per ton. amount dried for raisins depends on the tons in 1993–94, or about 114,944 tons. California’s grapes are classified into demand for crushing. This makes the According to Committee data, the total three groups—table grapes, wine grapes, marketing of raisins a more difficult producer return per ton during those and raisin-variety grapes. Raisin-variety task. These supply fluctuations can years, which includes proceeds from grapes are the most versatile of the three result in producer price instability and both free tonnage plus reserve pool types. They can be marketed as fresh disorderly market conditions. raisins, has varied from a low of $901 grapes, crushed for juice in the Volume regulation is helpful to the in 1992–93 to a high of $1,049 in 1996– production of wine or juice concentrate, raisin industry because it lessens the 97, or $148. Total producer prices for or dried into raisins. Annual impact of such fluctuations and the 1998–99 and 1999–2000 seasons fluctuations in the fresh grape, wine, contributes to orderly marketing. For increased significantly due to back-to- and concentrate markets, as well as example, producer prices for NS raisins back short crops during those years. weather-related factors, cause remained fairly steady between the Producer prices dropped dramatically fluctuations in raisin supply. This type 1992–93 through the 1997–98 seasons, for the last two seasons due to record- of situation introduces a certain amount although production varied. As shown size production and large carry-in of variability into the raisin market. in the table below, during those years, inventories.

NATURAL SEEDLESS PRODUCER PRICES

Deliveries (nat- Crop Year ural condition Producer Prices tons) (per ton)

2001–02 ...... 377,328 1 $554.40 2000–01 ...... 432,616 2 570.82 1999–2000 ...... 299,910 1,211.25 1998–99 ...... 240,469 3 1,290.00 1997–98 ...... 382,448 946.52 1996–97 ...... 272,063 1,049.20 1995–96 ...... 325,911 1,007.19 1994–95 ...... 378,427 928.27 1993–94 ...... 387,007 904.60 1992–93 ...... 371,516 901.41 1 and 2 Return-to-date, reserve pools still open. 3 No volume regulation.

There are essentially two broad 2000. Deliveries for the 2000–01 crop inelastic domestic market. This results markets for raisins—domestic and year soared to a record level because of in a larger volume of raisins being export. In recent years, both export and increased bearing acreage, yields, and marketed and enhances producer domestic shipments have been growers drying more grapes for raisins. returns. In addition, this system allows decreasing. Domestic shipments Deliveries for the 2001–02 crop year the U.S. raisin industry to be more decreased from a high of 204,805 were at 377,328 tons, and deliveries competitive in export markets. packed tons during the 1990–91 crop through February 22, 2003, for the To assess the impact that volume year to a low of 156,325 packed tons in current year were at 378,601 tons. Three control has on the prices producers 1999–2000. In addition, exports crop years of high production and a receive for their product, an decreased from 114,576 packed tons in large 2001–02 carryin inventory has econometric model has been 1991–92 to a low of 91,600 packed tons contributed to the industry’s constructed. The model developed is for in the 1999–2000 crop year. burdensome supply of raisins. the purpose of estimating nominal In addition, the per capita This type of surplus situation leads to prices under a number of scenarios consumption of raisins has declined serious marketing problems. Handlers using the volume control authority from 2.07 pounds in 1988 to 1.46 compete against each other in an under the Federal marketing order. The pounds in 2001. This decrease is attempt to sell more raisins to reduce price producers receive for the harvest consistent with the decrease in the per inventories and to market their crop. and delivery of their crop is largely capita consumption of dried fruits in This situation puts downward pressure determined by the level of production general, which is due to the increasing on growers’ prices and incomes. and the volume of carryin inventories. availability of most types of fresh fruit The order permits the industry to The Federal marketing order permits the throughout the year. exercise supply control provisions, industry to exercise supply control While the overall demand for raisins which allow for the establishment of provisions, which allow for the has been decreasing (as reflected in the free and reserve percentages, and establishment of reserve and free decline in commercial shipments and establishment of a reserve pool. One of percentages for primary markets, and a per capita consumption), production the primary purposes of establishing reserve pool. The establishment of has been increasing. Deliveries of NS free and reserve percentages is to reserve percentages impacts the dried raisins from producers to handlers equilibrate supply and demand. If raisin production that is marketed in the reached an all-time high of 432,616 tons markets are over-supplied with product, primary markets. in the 2000–01 crop year. This large producer prices will decline. The reserve percentage limits what crop was preceded by two short crop Raisins are generally marketed at handlers can market as free tonnage. years; deliveries were 240,469 tons in relatively lower price levels in the more Assuming the 53 percent reserve limits 1998–99 and 299,910 tons in 1999– elastic export market than in the more the total free tonnage to 200,658 natural

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condition tons (.53 x 378,601 tons control. Establishing a reserve allows inventories, and helped to strengthen delivered through February 22, 2003) the industry to help stabilize supplies in total producer prices (free tonnage plus and carryin is 132,135 natural condition both domestic and export markets, reserve ZC raisins) from $412.56 per ton tons, and purchases from reserve total while improving returns to producers. in 1994–95 to a high of $1,034.03 per 77,626 natural condition tons (which Regarding ZC raisins, ZC raisin ton in 1998–99. The Committee is includes anticipated reserve raisins production is much smaller than NS implementing an export program for ZC released through the export program raisin production. Volume regulation raisins, in addition to NS raisins. and other purchases), then the total free has been implemented for ZC raisins Through this program, the Committee supply is estimated at 410,419 natural during the 1994–95, 1995–96, 1997–98, plans to continue to manage its ZC condition tons. The econometric model 1998–99, 1999–2000, and 2000–01 supply, build and maintain export estimates prices to be $142 per ton seasons. Various programs to utilize markets, and ultimately improve higher than under an unregulated reserve pool ZC raisins were producer returns. Volume regulation scenario. This price increase is implemented during those years. As helps the industry not only to manage beneficial to all producers regardless of shown in the table below, although size and enhances producers’ total production varied during those years, oversupplies of raisins, but also revenues in comparison to no volume volume regulation helped to reduce maintain market stability.

ZC INVENTORIES AND PRODUCER PRICES DURING YEARS OF VOLUME REGULATION —(NATURAL CONDITION TONS)

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

2001–02 ...... 4,213 1,227 1,395 1$1,000.00 2000–01 ...... 4,848 1,227 1,109 851.55 1999–2000 ...... 3,683 573 1,906 669.14 1998–99 ...... 3,880 694 1,188 1,034.03 1997–98 ...... 4,826 788 1,679 710.08 1996–97 ...... 4,491 987 549 21,150.00 1995–96 ...... 3,294 782 2,890 711.32 1994–95 ...... 5,377 837 4,364 412.56 1 and 2 No volume regulation.

Free and reserve percentages are better anticipate the revenues their Further, Committee and established by varietal type, and usually raisins will generate. subcommittee meetings are widely in years when the supply exceeds the There are some reporting, publicized in advance and are held in trade demand by a large enough margin recordkeeping and other compliance a location central to the production area. that the Committee believes volume requirements under the order. The The meetings are open to all industry regulation is necessary to maintain reporting and recordkeeping burdens members, including small business market stability. Accordingly, in are necessary for compliance purposes entities, and other interested persons assessing whether to apply volume and for developing statistical data for who are encouraged to participate in the regulation or, as an alternative, not to maintenance of the program. The deliberations and voice their opinions apply such regulation, it has been requirements are the same as those on topics under discussion. determined that volume regulation is applied in past seasons. Thus, this A small business guide on complying warranted this season for only two of action imposes no additional reporting with fruit, vegetable, and specialty crop the ten raisin varietal types defined or recordkeeping burdens on either marketing agreements and orders may under the order. small or large handlers. The forms be viewed at: http://www.ams.usda.gov/ The free and reserve percentages require information which is readily fv/moab.html. Any questions about the established by this rule release the full available from handler records and compliance guide should be sent to Jay trade demands and apply uniformly to which can be provided without data Guerber at the previously mentioned all handlers in the industry, regardless processing equipment or trained address in the FOR FURTHER INFORMATION of size. For NS raisins, with the statistical staff. The information CONTACT section. exception of the 1998–99 crop year, collection and recordkeeping small and large raisin producers and requirements have been previously After consideration of all relevant handlers have been operating under approved by the Office of Management material presented, including the volume regulation percentages every and Budget (OMB) under OMB Control information and recommendation year since 1983–84. There are no known No. 0581–0178. As with other similar submitted by the Committee and other additional costs incurred by small marketing order programs, reports and available information, it is hereby found handlers that are not incurred by large forms are periodically studied to reduce that this rule, as hereinafter set forth, handlers. While the level of benefits of or eliminate duplicate information will tend to effectuate the declared this rulemaking are difficult to quantify, collection burdens by industry and policy of the Act. the stabilizing effects of the volume public sector agencies. In addition, This rule invites comments for a 60- regulations impact small and large USDA has not identified any relevant day period on the establishment of final handlers positively by helping them Federal rules that duplicate, overlap, or volume regulation percentages for 2002– maintain and expand markets even conflict with this rule. Finally, 03 crop NS and ZC raisins covered though raisin supplies fluctuate widely interested persons are invited to submit under the order. All comments received from season to season. Likewise, price information on the regulatory and within the comment period will be stability positively impacts small and informational impacts of this action on considered prior to finalization of this large producers by allowing them to small businesses. rule.

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Pursuant to 5 U.S.C. 553, it is also Dated: March 27, 2003. Service (APHIS) prohibits the found and determined upon good cause A.J. Yates, importation of cured and cooked meat that it is impracticable, unnecessary, Administrator, Agricultural Marketing from regions where rinderpest or FMD and contrary to the public interest to Service. exists unless the cured or cooked meat give preliminary notice prior to putting [FR Doc. 03–7938 Filed 4–1–03; 8:45 am] fulfills the conditions prescribed in that this rule into effect, and that good cause BILLING CODE 3410–02–P section. exists for not postponing the effective Meat Cut Into Cubes date of this rule until 30 days after publication in the Federal Register DEPARTMENT OF AGRICULTURE Section 94.4(b)(8) requires that because: (1) The relevant provisions of cooked ruminant or swine meat this part require that the percentages Animal and Plant Health Inspection imported into the United States from designated herein for the 2002–03 crop Service regions where rinderpest or FMD exists year apply to all NS and ZC raisins be inspected at the port of arrival by an acquired from the beginning of that crop 9 CFR Part 94 inspector of the Food Safety and Inspection Service (FSIS) of the U.S. year; (2) handlers are currently [Docket No. 99–032–2] marketing their 2002–03 crop NS and Department of Agriculture (Department) and be found to be thoroughly cooked. ZC raisins and this action should be Importation of Cooked Meat and Meat For meat that is cooked in plastic, taken promptly to achieve the intended Products purpose of making the full trade thoroughness of cooking must be demands available to handlers; (3) AGENCY: Animal and Plant Health determined either by a temperature handlers are aware of this action, which Inspection Service, USDA. indicator device (TID) or by the pink was recommended at public meetings, ACTION: Final rule. juice test performed on a piece of meat and need no additional time to comply known as an indicator piece. It is with these percentages; and (4) this SUMMARY: We are amending the important for the FSIS inspector to be interim final rule provides a 60-day regulations governing the importation of able to associate a TID or indicator piece comment period, and all comments certain animals, meat, and other animal with the plastic tube of cooked meat timely received will be considered prior products to allow meat cooked in plastic that it came from. Until now, that has to finalization of this rule. in processing establishments located in meant that meat from various cooking regions where rinderpest or foot-and- tubes could not be combined after List of Subjects in 7 CFR Part 989 mouth disease exists to be further cooking for further processing at a foreign meat processing establishment Grapes, Marketing agreements, processed after cooking and before importation. Additionally, we are before being exported to the United Raisins, Reporting and recordkeeping States. requirements. allowing the pink juice test to be used in determining whether ground meat On May 22, 2002, we published a ■ For the reasons set forth in the pre- cooked in such establishments has been proposed rule in the Federal Register amble, 7 CFR part 989 is amended to read adequately cooked. These amendments (67 FR 35936–35939, Docket No. 99– as followed: will provide foreign meat processing 032–1) in which we proposed to allow establishments with additional meat cooked in different plastic tubes in PART 989—RAISINS PRODUCED processing options while continuing to a single cycle of cooking to be combined FROM GRAPES GROWN IN protect against the introduction of after that cooking for further processing. CALIFORNIA rinderpest and foot-and-mouth disease Additionally, we proposed to allow the into the United States. pink juice test to be used in determining ■ 1. The authority citation for 7 CFR part whether ground meat cooked in foreign EFFECTIVE DATE: May 2, 2003. 989 continues to read as follows: meat processing establishments has FOR FURTHER INFORMATION CONTACT: Authority: 7 U.S.C. 601–674. Dr. been adequately cooked. Masoud Malik, Senior Staff ■ We solicited comments concerning 2. Section 989.256 is added to Veterinarian, Products Program, our proposal for 60 days ending July 22, Subpart—Supplementary Regulations to National Center for Import and Export, 2002. We received 16 comments by that read as follows: VS, APHIS, 4700 River Road Unit 40, date. They were from livestock Note: This section will not appear in the Riverdale, MD 20737–1231; (301) 734– associations, food processing annual Code of Federal Regulations. 3277. associations, a State department of SUPPLEMENTARY INFORMATION: agriculture, foreign and domestic meat § 989.256 Final free and reserve Background processors, importers, manufacturers of percentages for the 2002–03 crop year. packaged food products, and a meat The final percentages for standard The regulations in 9 CFR part 94 science association. Three of the Natural (sun-dried) Seedless and Zante (referred to below as the regulations) commenters opposed the proposed Currant raisins acquired by handlers govern the importation of specified provisions, two supported the proposal during the crop year beginning on animals and animal products to prevent as written, and the rest of the August 1, 2002, which shall be free the introduction into the United States commenters recommended changes to tonnage and reserve tonnage, of various animal diseases, including the proposed rule. We discuss the issues respectively, are designated as follows: rinderpest, foot-and-mouth disease raised by the commenters below. (FMD), bovine spongiform encephalopathy, swine vesicular Comments Received Varietal type Free Reserve percentage percentage disease, hog cholera, and African swine In our proposed rule, we referred to fever. These are dangerous and meat that is cooked in the same cooking Natural (sun- destructive communicable diseases of cycle as being part of the same ‘‘shift.’’ dried) Seed- ruminants and swine. A number of commenters stated that the less ...... 53 47 Zante Currant ... 80 20 Under § 94.4 of the regulations, the word ‘‘shift’’ connotes the time worked Animal and Plant Health Inspection by personnel, rather than a cooking

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cycle, and recommended that we destroy the FMD and rinderpest agents, rule, § 94.4(b)(6) will not refer to cooling replace the word ‘‘shift’’ with ‘‘batch.’’ we will propose to add them to the the meat after cooking. In this final rule, we are changing our cooking methods allowed under the One commenter noted that proposed terminology to use ‘‘batch,’’ as regulations and will invite the general § 94.4(b)(6)(i) used the wording ‘‘tube or recommended by the commenters. In public to comment on the proposal. plastic container.’’ The commenter our discussion of the proposed rule in Based on all information we receive, we recommended that, since the tubes that this background information, when we will determine whether to add such are used are made of plastic, it would refer to text in the proposed rule that cooking methods to those allowed under be sufficient simply to refer to ‘‘plastic used the term ‘‘shift,’’ we will use the the regulations. container.’’ term ‘‘batch’’ instead and follow it with Among the requirements we proposed Proposed § 94.4(b)(5) stated that meat the term ‘‘shift’’ in parentheses. regarding the further processing of meat to be cooked in tubes must be loaded The regulations in part 94 require that after cooking was that one tube of into a flexible or semiflexible cooking meat cooked in plastic for exportation to cooked meat from each batch (shift) per tube constructed of plastic or other the United States from regions where cooker be randomly selected and that an material approved by the U.S. Food and FMD or rinderpest exists be cooked in indicator piece be cut from the cold spot Drug Administration. The intent was to boiling water or a steam-fed oven. of the tube to serve as the indicator require that a tube be used, but not Several commenters stated that piece for the entire batch (shift). necessarily that the tube be made of technology exists that makes it possible A number of commenters stated that plastic. Therefore, in this final rule, to carry out the required cooking by all of the meat cooked in a particular § 94.4(b)(6)(i) refers to the tube required steam or boiling water in a continuous batch per cooker cannot always be under § 94.4(b)(5), and not to a plastic cooker, rather than in a single batch shipped together. The commenters container. For the same reason, we have cooker. The commenters requested that recommended that the regulations allow also changed the heading of paragraph indicator pieces or TID’s to be taken the regulations specifically acknowledge (b)(5) from ‘‘Meat cooked in plastic’’ to from more than one cooking tube per that adequate cooking by steam or ‘‘Meat cooked in tubes.’’ boiling water can be done in a batch of a cooker, in case the batch is One commenter noted that proposed continuous cooker and that, if such a split into more than one shipment. The § 94.4(b)(6)(i) stated that the certificate continuous cooker is used, a batch be commenters recommended that the accompanying meat that has been considered a designated period of time regulations require that unused further processed must provide the date in the cooker. One commenter indicator pieces or TID’S taken from the that the tube from which the indicator recommended that such a batch be batch be destroyed once the batch is piece was taken was selected. The limited to one metric ton of meat. loaded into a container. We agree that a steam-fed or boiling With regard to the use of TID’s, we commenter recommended that the term water continuous cooker can be used to did not specifically refer to them in our ‘‘selected’’ be changed to ‘‘cooked,’’ to cook meat to a temperature that will proposed provisions because current eliminate the option of the indicator destroy the FMD and rinderpest agents, standard industry practice is not to use piece being collected at any time after and consider a batch to be a unit of meat TID’s. However, as indicated in cooking but before processing. kept in the cooker for a minimum of § 94.4(b)(5), a TID is an acceptable We do not consider the precise date 1.75 hours. We are adding language to method of confirming that meat cooked that the tube was selected (i.e., whether § 94.4 to clarify that such a continuous in plastic has been cooked to the it was selected the day the meat was cooker may be used. However, we do required temperature. Therefore, in this cooked or at some later date before the not consider it necessary to limit the final rule, § 94.4(b)(6) provides that meat is further processed) as important amount of meat that may be cooked in meat that is further processed after as knowing that the indicator piece or a batch, provided all of the meat is cooking may be accompanied to the piece containing a TID is, in fact, cooked for the minimum required time. United States by either an indicator representative of the processed meat. Several commenters requested that piece or a TID. With regard to the Therefore, although we are not requiring APHIS eliminate the requirement in the number of indicator pieces or TID’s that that the indicator piece or piece regulations for any specific cooking may be taken from a batch for shipment containing a TID be selected the date the method and either allow manufacturers to the United States, we are providing meat is cooked, we are adding a to use alternative heat processing in this final rule that indicator pieces or requirement in this final rule that the technologies that achieve the necessary TID’s from up to two cooking tubes per certificate include the date the meat was time and temperature results, or provide batch of a cooker may be selected to cooked, as well as the date of the that alternative cooking methods may be accompany shipments of cooked meat to selection of the tube. Additionally, we approved on a case-by-case basis. the United States. Following the loading are requiring in § 94.4(b)(6) that the We are making no changes based on of a batch of cooked meat into a indicator piece or piece containing a this comment. The methods of cooking container, any unused indicator pieces TID be selected by random sampling allowed by the regulations were or TID’s must be destroyed. after the meat has been cooked and approved after we determined them to Section 94.4(b)(6) of the proposed rule before the meat undergoes any be effective in destroying the FMD and stated that the provisions of that additional processing (e.g., through rinderpest agents. Part of the process of paragraph pertained to meat that is cutting, slicing, or dicing), and that, determining the efficacy of those cooked and then cooled before further once that processing is completed, the cooking methods was to allow members processing. Several commenters stated meat may not be processed further of the public to submit information that we should not require that the meat before being exported to the United regarding the effectiveness of the be cooled before further processing. States. We are requiring in § 94.4(b)(8) cooking methods. We will consider any Our reference to cooling before further that the certificate that must accompany requests to allow alternative cooking processing was based on standard the meat to the United States indicate methods that are submitted to us along industry practice. However, such what type of processed product (e.g., with supporting documentation cooling is not necessary for the diced cubes of a particular size) the regarding their effectiveness. If it destruction of the FMD and rinderpest indicator piece or piece containing a appears the methods can be used to disease agents. Therefore, in this final TID represents.

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Several commenters who opposed the Several commenters questioned why, of the exporting country. This rule will proposed rule stated it would increase with homeland security in mind, APHIS simply allow for further processing of product handling and exposure to the proposed a rule that the commenters meat after the cooking. APHIS has environment and greatly increase the stated would provide more opportunity historically considered taking one risk of contamination by pathogens. The for contamination or sabotage during sample per cooking cycle for pink juice commenters expressed further concern meat processing. testing a valid method of determining that the Department lacks the resources All of the mitigation measures in the the effectiveness of the cooker for that to guarantee that foreign plants are animal health regulations governing cycle. completely and consistently in both domestic and international Several commenters stated that the compliance with Hazard Analysis and commerce take a science-based economic impact of introducing FMD Critical Control Points (HACCP) systems approach to reducing the risk of the into the United States would be and pathogen testing requirements, and introduction or spread of animal enormous, and that, even if stated that some foreign governments diseases. The assessment of unmitigated contaminated imported products were have not provided accurate information risk is based on scientific evidence, removed from store shelves, the and documentation regarding sampling historical data, and projections of accompanying publicity would severely procedures. expected movements of animals and affect sales of domestic meat and meat Even under the regulations prior to animal products. Based on that products. this final rule, processing of meat assessment of risk, measures to mitigate We are aware of the potential negative intended for exportation to the United risk are applied where necessary. economic effects of the introduction of States from regions where FMD or Safeguards against potential acts of any serious foreign animal disease into rinderpest exists needed to be carried terrorism are being dealt with through the United States, particularly FMD, and out in an establishment approved by procedures other than those set forth in have established the cooking APHIS and FSIS as one in which the 9 CFR part 94. requirements in § 94.4 to mitigate the facilities for processing raw meat are Two commenters stated that, although risk of such diseases being introduced separate from the facilities used for proposed § 94.4(b)(6) referenced only in imported cooked meat. As noted processing cooked meat. The additional cubes, slices, and anatomical cuts of above, all meat intended for importation processing allowed by this final rule meat as being eligible for further under this rule will need to be cooked must be carried out in accordance with processing, the provisions should also according to the existing time and those existing safeguards against include ground meat that meets the temperature requirements. contamination. The HACCP system prescribed conditions. One commenter expressed concern referred to by the commenter is one that We are making no changes based on that the pink juice test might not be a FSIS has adopted with regard to human these comments. The proposed rule was reliable method of ensuring proper health concerns and does not directly initiated based on a request and cooking. pertain to the regulations in part 94. In information specifically addressing the We are making no changes based on addition to a departmental inspection of process of cutting larger pieces of meat this comment. The pink juice test is an the establishment prior to approval, into cubes prior to their being hard existing regulatory provision that we periodic inspections are carried out by frozen for shipment to the United States. did not propose to change in any way the Department to ensure compliance As such, the process is not relevant to in this rulemaking. Further, the with the regulations. If, at any time, the cooked ground meat. commenter did not provide any specific Department determines an One commenter stated that the data to support concerns regarding the establishment is acting contrary to proposed rule failed to include an efficacy of the pink juice test. APHIS regulations, APHIS will take analysis of the risk associated with the One commenter recommended that corrective action. APHIS relies on importation of cooked meat products, officials of foreign governments foreign governments’ inspection and the change in risk the proposal would responsible for randomly selecting tubes supervision of sampling, recordkeeping, effect, the statistical validity of taking of meat for indicator pieces be and documentation in the same way one sample per cooking batch, and the Department-certified and bonded. We that those governments rely on U.S. impact thawing and refreezing of are making no change based on this inspection and supervision of sampling, samples would have on the pink juice comment. We currently rely on officials recordkeeping, and documentation. test methodology. of foreign governments for numerous Several commenters expressed The existing provisions for cooking types of certification without requiring concern that any products brought into meat in tubes will not be substantively that such individuals be Department- the United States because of the new changed by this final rule. All meat certified and bonded, just as our trading regulations would be in direct intended for importation under this rule partners do not require that U.S. competition with U.S. products. will need to be cooked according to the officials be certified and bonded by their As we stated in our proposed rule, we existing time and temperature governments. do not expect that the adoption of this requirements. Under the existing rule will greatly increase the volume of provisions, veterinary officials in the Ground Meat meat imports, largely because most exporting country conduct a pink juice Under the regulations prior to this products that would be imported in test and gauge the temperature of the final rule, the only allowable method of accordance with this final rule are meat. Meat is then frozen and shipped determining whether ground meat already being imported. The effect of to the United States. Once it is thawed cooked in tubes had been cooked to the this rule will be to alter only the sizes in this country, U.S. inspectors conduct required temperature was by means of a of these products. Further, the their own pink juice test. This process TID, i.e., the use of an indicator piece Department must operate in accordance will essentially remain the same, except was not an option for ground meat. with international trade agreements, that U.S. inspectors will conduct the Because TID’s have not been in common which provide that restrictions may not pink juice test on an indicator piece, or use, this has had the effect of restricting be imposed on importations unless inspect a piece containing a TID, that the importation of ground meat cooked there is a science-based justification for was randomly chosen in the exporting in tubes. In our proposed rule, however, imposing such restrictions. country by government representatives we proposed to provide that an

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indicator piece could be used in lieu of Imports of prepared beef, including beef According to the most recently a TID for ground meat if the indicator cooked in tubes, but not cured, pickled, published U.S. Department of piece is of sufficient size for a pink juice salted, dried, or made into sausages, Commerce ‘‘Economic Census,’’ in 1997, test to be performed (i.e., 3.8 account for about 7 percent of all U.S. 98 percent or 1,297 of the meatpacking centimeters or larger in each dimension imports of beef and veal, but less than establishments processing purchased after cooking). We are making that 1 percent of total U.S. supply. meats in the United States were small. provision final in this rule. This change In addition, imports into the United These small establishments accounted may make it more feasible to import States of fresh beef and veal from for approximately 78 percent of the total Argentina and Uruguay are no longer ground meat into the United States. value of shipments of the industry, or occurring, due to FMD outbreaks in Under these circumstances, we consider approximately $25 billion. Also in 1997, it necessary to clarify in the regulations those countries. Also, although 95 percent of 1,393 animal slaughtering that ground meat imported into the Argentina, Brazil, and Uruguay are large United States from regions where FMD producers of beef and veal, their total establishments were considered small. exists after being cooked in plastic may exports are small relative to U.S. supply. These small establishments accounted include no cardiac muscle. Research has The production of beef and veal in these for approximately 76 percent of the total shown that when cardiac tissue that is three countries in 2001 was about 80 value of shipments of the industry, or virus-positive is cooked according to the percent of that of the United States, but $41.6 billion. provisions of § 94.4, the FMD virus can their exports of these products to all Based on the above information, we survive the cooking. countries, including the United States, do not expect that this rule will have a equated to considerably less than 1 significant effect on the volume of Executive Order 12866 and Regulatory percent of the U.S. supply of beef and Flexibility Act imports of ruminant and swine meat, veal. Thus, the effect on price would be including ground meat, cubes of meat, This rule has been reviewed under negligible even if these countries were slices of meat, and cuts of meat. Given Executive Order 12866. The rule has willing and able to redirect all of their that the volume of imports will be been determined to be not significant for beef and veal exports to the production unlikely to increase substantially, we do the purposes of Executive Order 12866 of cooked cubed beef and veal for export and, therefore, has not been reviewed by to the United States. not expect that the economic effects of the Office of Management and Budget. Because (1) Similar products are this rule on domestic producers of these In this document, we are amending already being imported, (2) the rule will products, whether small or large, will be the regulations regarding meat cooked alter only the sizes of these products, significant. in processing establishments located in and (3) other types of beef and veal Under these circumstances, the regions where rinderpest or FMD exists imports from Argentina, Brazil, and Administrator of the Animal and Plant to allow for further processing of meat Uruguay have stopped, we do not Health Inspection Service has after cooking and before importation. expect that the adoption of this rule will determined that this action will not Although these amendments will greatly increase the volume of beef and have a significant economic impact on apply to both ruminant and swine meat, veal imports. These amendments may a substantial number of small entities. the primary effect of the changes will be result in a change in the character of the on beef. As described previously in this imports, but should not greatly increase Executive Order 12988 document, the regulations in § 94.4(b)(5) the volume of those imports. prior to this final rule provided for the Imports of these products will This final rule has been reviewed importation of ruminant and swine meat potentially offer competition for under Executive Order 12988, Civil cooked under conditions that are largely domestic producers of ground meat, Justice Reform. This rule: (1) Preempts similar to those provided under this cubes of meat, slices of meat, and all State and local laws and regulations rule. However, only beef and veal have anatomical cuts of meat. Producers of that are inconsistent with this rule; (2) been imported into the United States these products are meatpacking plants, has no retroactive effect; and (3) does under § 94.4(b)(5), primarily from both those that slaughter animals not require administrative proceedings Argentina, Brazil, and Uruguay. This directly and those that process before parties may file suit in court rule will allow for quality purchased meats. In addition, these challenging this rule. improvements in these cubed beef and imports will also compete with veal products and, therefore, expand domestic ruminant farms that sell to Paperwork Reduction Act their marketability. However, the meatpacking facilities. This final rule contains no new potential effect on imports of beef and The Small Business Administration’s veal and the overall U.S. supply of beef (SBA) definition of a small entity in the information collection or recordkeeping and veal is expected to be small for production of cattle is one whose total requirements under the Paperwork several reasons. sales are under $750,000 annually. Reduction Act of 1995 (44 U.S.C. 3501 The cooked ground meat, cubes of According to the most recently et seq.). meat, slices of meat, and anatomical published U.S. Department of List of Subjects in 9 CFR Part 94 cuts of meat that have been imported Agriculture ‘‘Census of Agriculture,’’ in under § 94.4(b)(5) were used primarily 1997, there were 656,181 cattle farms in Animal diseases, Imports, Livestock, in the production of products such as the United States, of which 99 percent Meat and meat products, Milk, Poultry stews and meat pies. This rule will would be considered small entities. and poultry products, Reporting and allow for an improvement in the quality However, as was discussed above, we recordkeeping requirements. of the meat cubes by making them expect that the economic impact on ■ available in more sizes and in a more these producers will be minimal. Accordingly, we are amending 9 CFR consistent size and shape. This will The SBA’s guidelines state that a part 94 as follows: allow the products to have expanded small producer of beef and veal meat marketability. However, cooked cubed that is in the form of cooked ground beef and veal constitute a small portion meat, cubes, slices, or anatomical cuts is of the U.S. beef and veal industry. one employing fewer than 500 workers.

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PART 94—RINDERPEST, FOOT-AND- meat pieces are smaller than 3.8 cm (1.5 indicator piece or piece containing a MOUTH DISEASE, FOWL PEST (FOWL in) in any dimension after cooking, an TID must be accompanied to the United PLAGUE), EXOTIC NEWCASTLE indicator piece of sufficient size for a States by a certificate as provided in DISEASE, AFRICAN SWINE FEVER, pink juice test to be performed (3.8 cm paragraph (b)(8) of this section. HOG CHOLERA, AND BOVINE (1.5 in) or larger in each dimension after * * * * * SPONGIFORM ENCEPHALOPATHY: cooking) must be placed at the cold spot PROHIBITED AND RESTRICTED of the tube. (8) Certificate. (i) The cooked meat IMPORTATIONS (iii) Anatomical cuts of meat. An must be accompanied by a certificate indicator piece removed from an issued by an official of the National ■ 1. The authority citation for part 94 anatomical cut of meat after cooking Government of the region of origin who continues to read as follows: must be removed from the center of the is authorized to issue the foreign meat Authority: 7 U.S.C. 450, 7701–7772, and cut, farthest from all exterior points and inspection certificate required under 8301–8317; 21 U.S.C. 136 and 136a; 31 be 3.8 cm (1.5 in) or larger in each § 327.4 of this title, stating: ‘‘This U.S.C. 9701; 42 U.S.C. 4331 and 4332; 7 CFR dimension for performance of the pink cooked meat produced for export to the 2.22, 2.80, and 371.4. juice test. United States meets the requirements of ■ 2. Section 94.4 is amended as follows: (6) Further processing of meat cooked title 9, Code of Federal Regulations, ■ a. By revising paragraph (b)(5) to read in tubes. Cubes of meat, slices of meat, § 94.4(b).’’ Upon arrival of the cooked or anatomical cuts of meat (cuts taken as set forth below. meat in the United States, the certificate from the skeletal muscle tissue) cooked ■ b. By redesignating paragraphs (b)(6) must be presented to an authorized in tubes in accordance with paragraph through (b)(8) as (b)(7) through (b)(9) and inspector at the port of arrival. adding a new paragraph (b)(6) to read as (b)(5) of this section may be processed set forth below. further after cooking if the following (ii) For cooked meat that is further ■ c. By revising newly redesignated para- provisions are met: processed in accordance with paragraph graph (b)(8) to read as set forth below. (i) For meat that is cooked and is (b)(6) of this section, the certificate must intended for further processing, up to include the following statement, in § 94.4 Cured or cooked meat from regions two tubes from each batch per cooker addition to the certification required where rinderpest or foot-and-mouth disease must be randomly selected by the under paragraph (b)(8)(i) of this section: exists. official of the National Government of ‘‘No more than two tubes were * * * * * the region of origin who is authorized to randomly selected per batch per cooker (b) * * * issue the meat inspection certificate for cutting an indicator piece or (5) Meat cooked in tubes. Ground required by § 327.4 of this title. If a TID obtaining a piece containing a TID. The meat (which must not include cardiac is not used, a cylindrical or square piece indicator piece or piece containing a muscle), cubes of meat, slices of meat, of at least 3.8 cm (1.5 in) in each TID represents a shipment of (describe or anatomical cuts of meat (cuts taken dimension must be cut from the cold from the skeletal muscle tissue) spot of each tube. The cylindrical or form of processed product—e.g., diced weighing no more than 5 kg (11.05 lbs) square piece will be the indicator piece cubes of a particular size). A piece must be loaded into a flexible or for the pink juice test. The indicator containing a TID or a piece 3.8 cm (1.5 semiflexible cooking tube constructed of piece or piece containing the TID must in) or larger in each dimension was cut plastic or other material approved by be sealed in plastic or other material from the cold spot of the tube, and was the U.S. Food and Drug Administration. approved by the U.S. Food and Drug sealed and marked with the following The meat must then be cooked in either Administration, and be accompanied by cooking date, cooker, and batch: boiling water or in a steam-fed oven, in a certificate issued by the official who lllll and the following date of either a batch cooker or a continuous selected the tube. The certificate must selection of the tubelllll. The cooker, to reach a minimum internal provide the date the tube was cooked total number of indicator pieces or temperature of 79.4 °C (175 °F) at the and the cooker and batch number, and pieces containing TID’s enclosed in a cold spot after cooking for at least 1.75 the date the tube was selected for sealed box islllll.’’ hours. Thoroughness of cooking must be sampling. Each batch per cooker must * * * * * determined by a TID registering the have at least one but no more than two target temperature at the cold spot, or by indicator pieces or pieces containing Done in Washington, DC, this 26th day of the pink juice test as follows: TID’s. All indicator pieces and pieces March 2003. (i) Cubes of meat and ground meat. containing TID’s must be individually Peter Fernandez, For cubes of meat, at least 50 percent of sealed, properly labeled, and enclosed Acting Administrator, Animal and Plant meat pieces per tube must be 3.8 cm (1.5 together in one sealed box that Health Inspection Service. in) or larger in each dimension after accompanies the shipment. Any [FR Doc. 03–7847 Filed 4–1–03; 8:45 am] cooking or, if more than 50 percent of indicator pieces or pieces containing BILLING CODE 3410–34–P the cubes of meat pieces per tube are TID’s that are not used to accompany a smaller than 3.8 cm (1.5 in) in any shipment to the United States must be dimension after cooking, or if the meat destroyed following loading of the batch is ground meat, an indicator piece into a container; and consisting of a single piece of meat of (ii) After removing the indicator piece sufficient size for a pink juice test to be or piece containing a TID, all remaining performed (3.8 cm (1.5 in) or larger in meat from the same batch may be cut each dimension after cooking) must into smaller cubes and sealed in plastic have been placed at the cold spot of the or other material approved by the U.S. tube. Food and Drug Administration. After (ii) Slices of meat. At least 50 percent being processed into smaller cubes of the slices of meat must be 3.8 cm (1.5 once, the meat may not be further in) or larger in each dimension after processed before shipment to the United cooking or, if more than 50 percent of States. The cubes of meat and the

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DEPARTMENT OF TRANSPORTATION 2nd-3rd stage, and 3rd-4th stage turbine regarding their reduction in life limit to spacer assemblies. 4,700 cycles-in-service (CIS). Federal Aviation Administration The FAA agrees. The assigned Comments reworked PNs are added to Table 2; 14 CFR Part 39 Interested persons have been afforded however the FAA’s Determination of an [Docket No. 2001–NE–01–AD; Amendment an opportunity to participate in the Unsafe Condition and Proposed Actions 39–13098; AD 2003–07–02] making of this amendment. Due section in the NPRM preamble does not consideration has been given to the appear in the final rule. RIN 2120–AA64 comments received. Original Life Limit for Part Number Airworthiness Directives; Rolls-Royce AD Not Required 6844794 Rev R and Greater Corporation (Formerly Allison Engine One commenter states that it is a The same commenter requests an Company) 501–D Series Turboprop additional change to the Supplementary Engines waste of tax dollars to issue the AD when the life limits of Rolls-Royce Information Section ‘‘FAA’s AGENCY: Federal Aviation Customer Service Letter (CSL) 1001, Determination of an Unsafe Condition Administration, DOT. Revision 19, dated July 22, 2002, and and Proposed Actions’’ and to Table 2. ACTION: Final rule. the life limit reduction specified by the The commenter states that the life limit NRPM are the same. The commenter reduction for the PN 6844794, 3rd and SUMMARY: This amendment adopts a continues to say that the only possible 4th stage turbine spacer is only new airworthiness directive (AD), that is difference the AD could address would necessary for those parts which were applicable to Rolls-Royce Corporation be the ‘‘one time exception’’ permitted manufactured prior to part number (formerly Allison Engine Company) by the CSL to operate beyond the drawing 6844794 revision letter ‘‘R’’. 501–D series turboprop engines. This revised limits until March 31, 2003, and Tighter dimensional control of the amendment requires removal from then only if the AD is adopted as a final spacer critical life location which was service of certain turbine rotor rule before March 31, 2003. The implemented with PN 6844794 revision components at reduced life limits. This commenter believes that the AD does letter ‘‘R’’ allows PNs identified as Rev amendment is prompted by the result of not offer any new information except ‘‘R’’ and greater to remain at their recalculated material properties by the that the FAA may address the ‘‘one time previous life limits. Therefore, the manufacturer. The actions specified by exception’’ permitted by CSL 1001. commenter requests that delineation by this AD are intended to prevent The FAA does not agree. Whenever PN 6844794 ‘‘with serial number (SN) uncontained turbine rotor failure the FAA lowers the life of critical less than and including KK22951 resulting in in-flight engine shutdown service parts, an AD is required because ***’’ be replaced by ‘‘PN 6844794 and possible damage to the airplane. the change in service life has become prior to revision letter R’’. The FAA agrees. Table 2 reflects the DATES: Effective May 7, 2003. more restricted. The reason CSL 1001 change in the AD; however, the FAA’s ADDRESSES: The service information and the NPRM are the same is because Determination of an Unsafe Condition referenced in this AD may be obtained Rolls-Royce has already revised the CSL and Proposed Actions section in the from Rolls-Royce Corporation, PO Box as a result of the NPRM. The AD is not NPRM preamble does not appear in the 420, Indianapolis, IN 46206–0420; addressing the ‘‘one time exception’’ in final rule. telephone (317) 230–6400; fax (317) CSL 1001, Revision 19, dated July 22, After careful review of the available 230–4243. This information may be 2002. examined, by appointment, at the data, including the comments noted Federal Aviation Administration (FAA), Expand the Applicability To Add above, the FAA has determined that air New England Region, Office of the Airbus Industrie 377S GT–F (Super safety and the public interest require the Regional Counsel, 12 New England Guppy) adoption of the rule with the changes described previously. The FAA has Executive Park, Burlington, MA. One commenter requests that the determined that these changes will FOR FURTHER INFORMATION CONTACT: Applicability statement be written to neither increase the economic burden Michael Downs, Aerospace Engineer, include the Airbus Industrie 377SGT–F on any operator nor increase the scope Chicago Aircraft Certification Office, (Super Guppy) model. of the AD. FAA, 2300 East Devon Avenue, Des The FAA agrees. The Applicability Plaines, IL 60018; telephone (847) 294– statement is revised to reflect this Economic Analysis 7870; fax (847) 294–7834. change. There are approximately 930 Rolls- SUPPLEMENTARY INFORMATION: A Add Assigned Rework Part Numbers to Royce 501–D series turboprop engines proposal to amend part 39 of the Federal Table 2 of the affected design in the worldwide Aviation Regulations (14 CFR part 39) to fleet. The FAA estimates that 684 include an AD that is applicable to One commenter requests that two engines installed on airplanes of U.S. Rolls-Royce Corporation (formerly additional part numbers (PNs) 23064854 registry will be affected by this AD. This Allison Engine Company) 501–D series and 23064858, be added to the AD does not impose any additional turboprop engines was published in the Supplementary Information section labor costs if performed at the time of Federal Register on October 18, 2002 ‘‘FAA’s Determination of an Unsafe scheduled engine overhaul. Required (67 FR 64328). That action proposed to Condition and Proposed Actions’’ and parts will cost approximately $45,000 require removal from service of certain that the same numbers be added to per engine. Based on these figures, the turbine rotor components at reduced life Table 2 501–D22 Series Life Limits. The total cost of the AD to U.S. operators is limits due to recalculated material two additional PNs are the assigned estimated to be $30,780,000. properties by the manufactuer. As a reworked PNs for 6844632 and result, the manufacturer has reduced the 23033463. The reworked PNs have the Regulatory Analysis life limits of certain second-stage, third- same life limit as their prior part This final rule does not have stage, and fourth-stage turbine wheel number; therefore, they should be added federalism implications, as defined in assemblies, and certain 1st-2nd stage, to the AD to prevent any confusion Executive Order 13132, because it

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would not have a substantial direct Adoption of the Amendment installed under a Supplemental Type effect on the States, on the relationship Certificate. These models are commonly ■ Accordingly, pursuant to the authority between the national government and referred to as Convair 580/580A or 5800 delegated to me by the Administrator, the States, or on the distribution of models. the Federal Aviation Administration power and responsibilities among the Note 1: This AD applies to each engine amends part 39 of the Federal Aviation various levels of government. identified in the preceding applicability Regulations (14 CFR part 39) as follows: Accordingly, the FAA has not consulted provision, regardless of whether it has been modified, altered, or repaired in the area with state authorities prior to PART 39—AIRWORTHINESS publication of this final rule. subject to the requirements of this AD. For DIRECTIVES engines that have been modified, altered, or For the reasons discussed above, I repaired so that the performance of the certify that this action (1) Is not a ■ 1. The authority citation for part 39 continues to read as follows: requirements of this AD is affected, the ‘‘significant regulatory action’’ under owner/operator must request approval for an Executive Order 12866; (2) is not a Authority: 49 U.S.C. 106(g), 40113, 44701. alternative method of compliance in ‘‘significant rule’’ under the DOT accordance with paragraph (e) of this AD. § 39.13 [Amended] Regulatory Policies and Procedures (44 The request should include an assessment of FR 11034, February 26, 1979); and (3) ■ 2. Section 39.13 is amended by adding the effect of the modification, alteration, or will not have a significant economic a new airworthiness directive to read as repair on the unsafe condition addressed by impact, positive or negative, on a follows: this AD; and, if the unsafe condition has not been eliminated, the request should include substantial number of small entities 2003–07–02 Rolls-Royce Corporation: under the criteria of the Regulatory Amendment 39–13098. Docket No. specific proposed actions to address it. Flexibility Act. A final evaluation has 2001–NE–01–AD. Compliance: Compliance with this AD is been prepared for this action and it is Applicability: This airworthiness directive required as indicated, unless already done. contained in the Rules Docket. A copy (AD) is applicable to Rolls-Royce Corporation To prevent uncontained turbine rotor of it may be obtained by contacting the (formerly Allison Engine Company) 501–D failure, resulting in in-flight engine Rules Docket at the location provided series turboprop engines. These engines are shutdown and possible damage to the installed on, but not limited to Lockheed 188 airplane, do the following: under the caption ADDRESSES. series and 382 series turboprop airplanes, 501–D13 Series Engines List of Subjects in 14 CFR Part 39 Airbus Industrie 377SG5–F (Super Guppy) airplanes, and Convair Models 340 and 440 (a) For 501–D13 series engines, remove Air transportation, Aircraft, Aviation airplanes which have Rolls-Royce turbine wheels and spacers from service as safety, Safety. corporation 501–D series turboprop engines specified in the following Table 1:

TABLE 1.—501–D13 SERIES LIFE LIMITS

Life limit for wheels that have complied with commercial over- Life limit for wheels that have not Part name Part No. haul information letter (COIL) 401, complied with COIL 401, dated dated May 1978 May 1978

(1) Second-stage turbine wheel as- 6847142 and 6876892 ...... Remove from service before or Remove from service before or sembly. upon accumulating 16,000 cy- upon accumulating 12,000 CIS. cles-in-service (CIS). (2) Third-stage turbine wheel as- 6845883 and 6849743 ...... Remove from service before or Remove from service before or sembly. upon accumulating 13,000 CIS. upon accumulating 10,000 CIS. (3) Fourth-stage turbine wheel as- 6876468 ...... Remove from service before or Remove from service before or sembly. upon accumulating 24,000 CIS. upon accumulating 18,000 CIS.

(b) Information on 501–D13 series engine CSL–120, Revision No. 52, dated July 22, 501–D22 Series Engines turbine life limits can be found in Rolls- 2002. (c) For 501–D22 series engines, remove Royce Commercial Service Letter (CSL) No. turbine wheels and spacers from service as specified in the following Table 2:

TABLE 2.—501–D22 SERIES LIFE LIMITS

Part name Part No. Remove from service:

(1) Third-stage turbine wheel assembly ...... 6855083 ...... Before or upon accumulating 10,000 cycles-in- service (CIS). (2) 1st-2nd-stage spacer assembly ...... 6844632, 23033463, 23064854, and Before or upon accumulating 4,700 CIS. 23064858. (3) 1st-2nd-stage spacer assembly ...... 23056966 ...... Before or upon accumulating 8,000 CIS. (4) 2nd-3rd-stage spacer assembly ...... 23033456 ...... Before or upon accumulating 4,000 CIS. (5) 3rd-4th-stage spacer assembly ...... 6844794 prior to revision letter ‘‘R’’ .... Before or upon accumulating 5,100 CIS.

(d) Information on 501–D22 series engine Alternative Methods of Compliance must submit their request through an turbine life limits can be found in Rolls- (e) An alternative method of compliance or appropriate FAA Principal Maintenance Royce Commercial Service Letter (CSL) No. adjustment of the compliance time that Inspector, who may add comments and then CSL–1001, Revision No. 19, dated July 22, provides an acceptable level of safety may be send it to the Manager, ACO. 2002. used if approved by the Manager, Chicago Note 2: Information concerning the Aircraft Certification Office (ACO). Operators existence of approved alternative methods of

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compliance with this airworthiness directive, information, or Joseph Babits, Special registrant, or any person acting on its if any, may be obtained from the ACO. Counsel, with respect to the Form 8–K behalf, makes any public announcement Special Flight Permits Item 12 information, at (202) 942–2910, or release disclosing material non- Division of Corporation Finance, U.S. public information regarding the (f) Special flight permits may be issued in Securities and Exchange Commission, registrant’s results of operations or accordance with §§ 21.197 and 21.199 of the 450 Fifth Street, NW., Washington, DC financial condition for a competed Federal Aviation Regulations (14 CFR 21.197 and 21.199) to operate the airplane to a 20549–0402. quarterly or annual fiscal period. The location where the requirements of this AD SUPPLEMENTARY INFORMATION: On Item 12 disclosure requirement applies can be done. January 22, 2003, the Commission to earnings releases and similar issued two separate adopting releases. announcements made after March 28, Effective Date One of the releases contained final rules 2003. (g) This amendment becomes effective on to clarify the application and prevent Because the necessary programming May 7, 2003. evasion of section 306(a) of the to add Items 11 and 12 of Form 8–K to Issued in Burlington, Massachusetts, on Sarbanes-Oxley Act of 2002.1 Section the EDGAR system is not yet complete, March 25, 2003. 306(a) prohibits any director or we are providing the following interim Francis A. Favara, executive officer of an issuer of any guidance regarding the filing equity security from, directly or requirement for these Items. Acting Manager, Engine and Propeller • Directorate, Aircraft Certification Service. indirectly, purchasing, selling or Registrants should continue to [FR Doc. 03–7743 Filed 4–1–03; 8:45 am] otherwise acquiring or transferring any disclose the information required by Item 11 under Item 5 (‘‘Other BILLING CODE 4910–13–P equity security of the issuer during a pension plan blackout period that Information’’) of Form 10–Q or 10–QSB temporarily prevents plan participants in the first quarterly report filed by the registrant after commencement of the SECURITIES AND EXCHANGE or beneficiaries from engaging in equity blackout period. COMMISSION securities through their plan accounts, if • the director or executive officer Registrants should furnish the 17 CFR Parts 228, 229, 244 and 249 acquired the equity security in information required by Item 12 under connection with his or her service or Item 9 (‘‘Regulation FD Disclosure’’) of [Release Nos. 33–8216; 34–47583; IC– employment as a director or executive Form 8–K. 25983; FR–69; File Nos. S7–43–02 and S7– • The text of Item 5 of the Form 10– 44–02] officer. Among other things, the Commission created new Item 11 of Q that provides information required RIN 3235–AI69 and 3235–AI71 Form 8–K, which requires a registrant to under Item 11 should indicate that provide public notice of a pension fund information is being provided under Filing Guidance Related to: Conditions blackout period. The Item 11 disclosure Item 11. • The caption in the Form 8–K that for Use of Non-GAAP Financial requirement is effective on March 31, provides information required under Measures; and Insider Trades During 2003. The Commission deferred Item 12 should indicate that information Pension Fund Blackout Periods effectiveness until March 31 to allow is being provided under Item 12, or time for Commission staff to program AGENCY: Securities and Exchange under Items 9 and 12, as the case may the addition of Item 11 to the Electronic Commission. be. ACTION: Final rule; interim guidance Data Gathering, Analysis and Retrieval This procedural guidance does not regarding Form 8–K Item 11 and Item 12 (‘‘EDGAR’’) system. In recognition of the affect the legal obligations or filing requirements. fact that section 306(a) of the Sarbanes- consequences of providing the Oxley Act of 2002, including the notice information under these items. For SUMMARY: The Securities and Exchange requirement, became effective on example, the information in a Form 8– Commission is issuing interim guidance January 26, 2003, the release stated that K report furnished pursuant to Item 9 is regarding the filing of information between January 26 and March 31, 2003, not deemed to be ‘‘filed’’ for the pursuant to new Items 11 and 12 of a registrant could provide the required purposes of Section 18 of the Securities Form 8–K. Item 11 requires a registrant notice to the Commission by disclosing Exchange Act of 1934 or otherwise to provide public notice of a pension the information described in Item 11 subject to the liabilities of that section, fund blackout period. Final rules related under Item 5 (‘‘Other Information’’) of except if the registrant specifically states to this disclosure item were published Form 10–Q or 10–QSB, in the first that the information is to be considered in the Federal Register on January 28, quarterly period filed by the registrant ‘‘filed’’ under the Exchange Act or 2003 (68 FR 4337). Item 12 requires a after commencement of the blackout incorporates it by reference into a filing registrant to furnish specified disclosure period. under the Securities Act of 1933 or the The other release contained final rules when the registrant, or any person Exchange Act. As provided in the final and amendments to address public acting on its behalf, makes any public rules, a registrant must furnish the companies’ disclosure or release of announcement or release disclosing information that is required by Item 12 certain financial information that is material non-public information under Item 9 of Form 8–K within five calculated and presented on the basis of regarding the registrant’s results of business days after the occurrence of an methodologies other than in accordance operations or financial condition for a event specified in Item 12. Information with generally accepted accounting competed quarterly or annual fiscal provided under Item 12 also may be principles.2 Among other things, the period. Final rules related to this required to be provided under the Commission created new Item 12 of disclosure item were published in the requirements of Regulation FD; in this Form 8–K, that requires a registrant to Federal Register on January 30, 2003 case, any earlier deadline for Item 9 furnish specified disclosure when the (68 FR 4819). under Regulation FD would apply. EFFECTIVE DATE: March 28, 2003. This interim guidance will remain in 1 Release No. 34–47225 (January 22, 2003) [68 FR FOR FURTHER INFORMATION CONTACT: 4337]. effect until we announce that our Andrew Thorpe, Special Counsel, with 2 Release No. 33–8176 (January 22, 2003) [68 FR EDGAR system permits registrants to respect to the Form 8–K Item 11 4819]. file or furnish information using the

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Item 11 and 12 designations. We will ‘‘A, who lives on X’s campus, $3,000 for’’ powered train. The proposed issue a statement and post it on the is corrected to read ‘‘A, who lives on regulations would add to existing Commission’s Web site to announce this University X’s campus, $3,000 for’’. regulations by providing that a liquid is date as soon as it becomes known. suitable for use as diesel fuel if the Cynthia E. Grigsby, By the Commission. liquid has practical and commercial Chief, Regulations Unit, Associate Chief fitness for use in the propulsion engine Dated: March 27, 2003. Counsel, (Procedure & Administration). of a diesel-powered highway vehicle or Margaret H. McFarland, [FR Doc. 03–7732 Filed 4–1–03; 8:45 am] diesel-powered train. Deputy Secretary. BILLING CODE 4830–01–M One commentator suggested that the [FR Doc. 03–7841 Filed 4–1–03; 8:45 am] final regulations should provide that a BILLING CODE 8010–01–P DEPARTMENT OF THE TREASURY liquid does not possess practical and commercial fitness solely by reason of Internal Revenue Service its possible or rare use as a fuel in a DEPARTMENT OF THE TREASURY vehicle or train. The final regulations 26 CFR Parts 40, 48, and 49 adopt this suggestion. The final Internal Revenue Service regulations also provide that a liquid [TD 9051] may possess practical and commercial 26 CFR Parts 1 and 602 RIN 1545–AX97 fitness even though the liquid is not [TD 9034] predominantly used as a fuel in a RIN 1545–AW65 Diesel Fuel; Blended Taxable Fuel vehicle or train. AGENCY: Internal Revenue Service (IRS), The commentator also suggested that Education Tax Credit; Correction Treasury. the final regulations should describe AGENCY: Internal Revenue Service (IRS), ACTION: Final regulations. practical and commercial fitness in a Treasury. manner similar to the description of the SUMMARY: This document contains final term in § 145.4051–1(a)(4) of the ACTION: Correction to final regulations. regulations relating to the tax on diesel temporary regulations relating to the tax SUMMARY: This document contains fuel and the tax on blended taxable fuel. on the retail sale of certain heavy corrections to final regulations that were This document also makes clerical and vehicles. The final regulations do not published in the Federal Register on clarifying changes to other excise tax adopt this suggestion because Treasury Thursday, December 26, 2002 (67 FR regulations. These regulations affect and the IRS believe that such detail is 78687), relating to the education tax persons that remove, enter, or sell diesel not required to determine the credit. fuel or remove or sell blended taxable classification of most liquids. fuel. DATES: This correction is effective Definition of Refinery December 26, 2002. DATES: Effective Date: These regulations are effective April 2, 2003. Under existing regulations, refinery FOR FURTHER INFORMATION CONTACT: Applicability Date: For date of generally means a facility used to Marilyn E. Brookens (202) 622–4920 applicability, see § 48.4081–3(g)(2)(ii). produce taxable fuel from crude oil, (not a toll-free number). FOR FURTHER INFORMATION CONTACT: unfinished oils, natural gas liquids, or SUPPLEMENTARY INFORMATION: Frank Boland, (202) 622–3130 (not a other hydrocarbons and from which Background toll-free call). taxable fuel may be removed by SUPPLEMENTARY INFORMATION: pipeline, by vessel, or at a rack. The The final regulations that are the proposed regulations would remove subject of these corrections are under Background from the definition the references to the section 25A of the Internal Revenue This document contains amendments source of materials used to produce Code. to the Manufacturers and Retailers taxable fuel. Need for Correction Excise Tax Regulations (26 CFR part 48) Taxable fuel includes finished As published, the final regulations relating to the definition of diesel fuel, gasoline and certain gasoline contain errors that may prove to be the definition of refinery, and the blendstocks. One commentator misleading and are in need of application of the tax on blended indicated that because gas processing clarification. taxable fuel. plants and chemical plants produce On May 16, 2002, a notice of small amounts of gasoline blendstocks, Correction of Publication proposed rulemaking (REG–106457–00) the plants would be considered Accordingly, the publication of the was published in the Federal Register refineries under the proposed final regulations (TD 9034), that were (67 FR 34882). Written comments were definition. Thus, the commentator the subject of FR Doc. 02–32453, is received but no public hearing was suggested, refinery should exclude gas corrected as follows: requested or held. After consideration of processing plants and chemical plants all the comments, the proposed that mainly produce products other than § 1.25A–3 [Corrected] regulations are adopted as revised by taxable fuel. ■ 1. On Page 78694, Column 2, § 1.25A– this Treasury decision. In fact, however, the gas processing 3(d)(2), Example 4., line 1, the language Explanation of Provisions plants and chemical plants described by ‘‘Prior to 1998, Student was not’’ is cor- the commentator are refineries under rected to read ‘‘Prior to 1998, Student C Definition of Diesel Fuel existing regulations. A facility does not was not’’. Existing regulations generally define lose its status as a refinery simply diesel fuel as any liquid that, without because it produces only small amounts § 1.25A–5 [Corrected] further processing or blending, is of gasoline blendstocks. Thus, the final ■ 2. On page 78696, Column 2, § 1.25A– suitable for use as a fuel in a diesel- regulations do not adopt the 5(c)(4), Example 1., line 2, the language powered highway vehicle or diesel- commentator’s suggestion.

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Liability for Tax on Sale or Removal of liable (as under existing regulations) for Authority: 26 U.S.C. 7805. * * * Blended Taxable Fuel the tax on the blended fuel. ■ 2. In § 40.6302(c)-3, paragraph (d) is Under section 4081(b), tax is imposed Other Provisions amended as follows: on taxable fuel removed or sold by the ■ a. The heading is revised. The final regulations also make blender. Blended taxable fuel is taxable ■ b. The first sentence is removed. clerical and clarifying changes to other fuel that is created by mixing a liquid The revision reads as follows: excise tax regulations. For example, in that has not been taxed with previously the excise tax procedural regulations, § 40.6302(c)–3 Special rules for use of taxed taxable fuel. Under existing the final regulations remove a Government depositaries under chapter 33. regulations, the blender is liable for tax redundant sentence. In the regulations on the sale or removal of blended * * * * * relating to the taxes on communication (d) Computation of net amount of tax taxable fuel. Generally, the blender is services and air transportation, the final that is considered as collected during a the person that owns the mixture regulations remove obsolete provisions semimonthly period. *** immediately after it is created. Under that refer to the district director. the proposed regulations, a person * * * * * would be jointly and severally liable for Special Analyses PART 48—MANUFACTURERS AND the tax on blended taxable fuel if the It has been determined that this RETAILERS EXCISE TAXES person sells a previously untaxed liquid Treasury decision is not a significant as a taxed taxable fuel and that liquid regulatory action as defined in ■ 3. The authority citation for part 48 becomes a part of a mixture that is Executive Order 12866. Therefore, a continues to read in part as follows: blended taxable fuel. regulatory assessment is not required. It Authority: 26 U.S.C. 7805. * * * Several commentators suggested that also has been determined that section the regulations provide relief for certain 553(b) of the Administrative Procedure § 48.4041–21 [Amended] unsuspecting blenders. For example, a Act (5 U.S.C. chapter 5) does not apply ■ wholesale distributor of petroleum 4. Section 48.4041–21, paragraph to these regulations and, because these (b)(1)(i), is amended by adding the lan- products might offer to sell undyed regulations do not impose on small diesel fuel (a taxed taxable fuel) to a guage ‘‘by the buyer for a taxable use’’ entities a collection of information after ‘‘covered by the statement is for retailer but actually deliver an untaxed requirement, the Regulatory Flexibility liquid. Even though the retailer bought use’’. Act (5 U.S.C. chapter 6) does not apply. ■ 5. Section 48.4081–1 is amended as the liquid in good faith, the retailer Therefore, a Regulatory Flexibility would be liable for tax as a blender follows: Analysis is not required. Pursuant to ■ nevertheless because mixing the a. Paragraph (b) is amended by: section 7805(f) of the Internal Revenue ■ 1. Removing the language ‘‘§ 48.4041– untaxed liquid with the preexisting Code, the notice of proposed rulemaking 8(b)’’ in the definition of Diesel-powered inventory of undyed diesel fuel preceding these regulations was highway vehicle and adding produces blended taxable fuel. submitted to the Chief Counsel for ‘‘§ 48.4061(a)–1(d)’’ in its place. Although the proposed regulations Advocacy of the Small Business ■ 2. Removing the language ‘‘from crude would impose joint and several liability Administration for comment on its oil, unfinished oils, natural gas liquids, on the dishonest wholesaler, the impact on small business. or other hydrocarbons’’ in the first sen- commentators are concerned that the tence of the definition of Refinery. b. unsuspecting retailer would still be Drafting Information Paragraph (c)(2)(i) is amended by adding liable for tax at the discretion of the IRS. The principal author of these three sentences to the end. To resolve this problem, the regulations is Frank Boland, Office of The addition reads as follows: commentators generally suggested that Associate Chief Counsel (Passthroughs the blender should be able to avoid and Special Industries). However, other § 48.4081–1 Taxable fuel; definitions. liability for tax if the blender acted personnel from the IRS and Treasury * * * * * reasonably and in good faith when it Department participated in their (c) * * * relied on assurances of the seller as to development. (2) * * * (i) * * * A liquid is suitable the status of the liquid it bought. for this use if the liquid has practical Treasury and the IRS are concerned List of Subjects and commercial fitness for use in the that the suggested rule may result in 26 CFR Parts 40 and 48 propulsion engine of a diesel-powered losses to the Highway Trust Fund. If highway vehicle or diesel-powered retailers and wholesalers take Excise taxes, Reporting and train. A liquid may possess this inconsistent positions regarding the recordkeeping requirements. practical and commercial fitness even representations made by the wholesaler, 26 CFR Part 49 though the specified use is not the the IRS might be unable to establish that Excise taxes, Reporting and liquid’s predominant use. However, a either party is liable for the tax. liquid does not possess this practical Alternatively, even if the IRS is able to recordkeeping requirements, Telephone, Transportation. and commercial fitness solely by reason establish the wholesaler’s liability, it of its possible or rare use as a fuel in the may be unable to collect the tax from Adoption of Amendments to the propulsion engine of a diesel-powered the wholesaler. In either case, the Regulations highway vehicle or diesel-powered Highway Trust Fund would be ■ train. inappropriately penalized for the Accordingly, under the authority of 26 U.S.C. 7805, chapter 1 of 26 CFR is * * * * * retailer’s choice of an untrustworthy ■ amended as follows: 6. Section 48.4081–3 is amended by supplier. Accordingly, the final revising paragraphs (g)(2) and (g)(3) to regulations do not adopt the suggested PART 40—EXCISE TAX PROCEDURAL read as follows: rule. Although the final regulations REGULATIONS allow the IRS to collect the tax from a § 48.4081–3 Taxable fuel; taxable events person other than the blender in certain ■ 1. The authority citation for part 40 other than removal at the terminal rack. circumstances, blenders will remain continues to read in part as follows: * * * * *

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(g) * * * (C) Liability for tax. R, as the blender, is § 48.6427–8 [Amended] (2) Liability for tax—(i) Liability of the liable for this tax under paragraph (g)(2)(i) of ■ 7. Section 48.6427–8, paragraph (d), this section. W is jointly and severally liable blender. The blender is liable for the tax introductory text, is amended by adding for this tax under paragraph (g)(2)(ii) of this imposed under paragraph (g)(1) of this ‘‘or kerosene’’ after ‘‘diesel fuel’’. section. section because the blended taxable fuel is (ii) Liability of seller of untaxed produced using an untaxed liquid that W PART 49—FACILITIES AND SERVICES sold as undyed diesel fuel (that is, as diesel liquid. On and after April 2, 2003, a EXCISE TAXES person that sells any liquid that is used fuel that was taxed under section 4081). to produce blended taxable fuel is Example 2. (i) Facts. W, a wholesale ■ 8. The authority citation for part 49 distributor of petroleum products, buys 7,000 jointly and severally liable for the tax continues to read in part as follows: gallons of diesel fuel at a terminal rack. The imposed under paragraph (g)(1) of this diesel fuel is delivered into a tank trailer. Tax Authority: 26 U.S.C. 7805. * * * section on the removal or sale of that is imposed on the diesel fuel under blended taxable fuel if the liquid— § 48.4081–2 when the diesel fuel is removed § 49.4291–1 [Amended] (A) Is described in § 48.4081– at the rack. W then goes to another location ■ 9. Section 49.4291–1 is amended as 1(c)(1)(i)(B) (relating to liquids on which where X, the operator of a chemical plant, follows: tax has not been imposed under section sells W 1,000 gallons of an untaxed liquid (a ■ a. The language ‘‘district director’’ is 4081); and liquid described in § 48.4081–1(c)(1)(i)(B)). removed in the three places it appears (B) Is sold by that person as gasoline, However, X’s invoice to W states that the and ‘‘Commissioner’’ is added in its diesel fuel, or kerosene that has been liquid is undyed diesel fuel. This liquid is place. taxed under section 4081. delivered into the tank trailer already ■ b. In the fourth sentence, the language (3) Examples. The following examples containing the 7,000 gallons of diesel fuel. ‘‘same district conference’’ is removed illustrate the provisions of this The resulting 8,000 gallon mixture is suitable and ‘‘same conference’’ is added in its paragraph (g) and the definitions of for use as a fuel in a diesel-powered highway place. blended taxable fuel and diesel fuel in vehicle because it has practical and § 48.4081–1(c): commercial fitness for use in the propulsion David A. Mader, engine of a diesel-powered highway vehicle. Assistant Deputy Commissioner of Internal Example 1. (i) Facts. W is a wholesale The mixture does not satisfy the dyeing distributor of petroleum products and R is a Revenue. requirements of § 48.4082–1. W sells the retailer of petroleum products. W sells to R Approved: March 7, 2003. mixture to R, a retailer of petroleum 1,000 gallons of an untaxed liquid (a liquid products, and delivers the mixture into a Pamela F. Olson, described in § 48.4081–1(c)(1)(i)(B)) and Assistant Secretary of the Treasury. delivers the liquid into a storage tank (tank) storage tank at R’s retail facility. R sells the at R’s retail facility. However, W’s invoice to mixture to its customers. [FR Doc. 03–7812 Filed 4–1–03; 8:45 am] R states that the liquid is undyed diesel fuel. (ii) Analysis—(A) Production of blended BILLING CODE 4830–01–P At the time of the delivery, the tank contains taxable fuel. W is a blender within the 4,000 gallons of undyed diesel fuel, a taxable meaning of § 48.4081–1 because W has fuel that has been taxed under section 4081. produced blended taxable fuel, as defined in DEPARTMENT OF THE TREASURY The resulting 5,000 gallon mixture is suitable § 48.4081–1, by mixing 1,000 gallons of a for use as a fuel in a diesel-powered highway liquid that has not been taxed under section Internal Revenue Service vehicle because it has practical and 4081 with 7,000 gallons of diesel fuel that commercial fitness for use in the propulsion has been taxed under section 4081. The 26 CFR Part 602 engine of a diesel-powered highway vehicle. mixing occurs outside of the bulk transfer/ The mixture does not satisfy the dyeing terminal system and the resulting product is [TD 9046] requirements of § 48.4082–1. R sells the diesel fuel because it is suitable for use as a RIN 1545–AX81; 1545–BB49; 1545–BB50; mixture from the tank to a construction fuel in a diesel-powered highway vehicle. 1545–BB48; 1545–BB53; 1545–BB51; 1545– company for off-highway business use. Thus, R has bought blended taxable fuel. BB52; 1545–AW26; 1545–AX79 (ii) Analysis—(A) Production of blended (B) Imposition of tax. Under paragraph taxable fuel. R is a blender within the (g)(1) of this section, tax is imposed on W’s Tax Shelter Regulations; Correction meaning of § 48.4081–1 because R has sale of the 8,000 gallons of blended taxable produced blended taxable fuel, as defined in fuel to R. Tax is computed on 1,000 gallons, AGENCY: Internal Revenue Service (IRS), § 48.4081–1, by mixing 1,000 gallons of a which is the difference between the number Treasury. liquid that has not been taxed under section of gallons of blended taxable fuel W sells 4081 with 4,000 gallons of diesel fuel that ACTION: Correction to final regulations. (8,000) and the number of gallons of has been taxed under section 4081. The mixing occurs outside of the bulk transfer/ previously taxed taxable fuel used to produce SUMMARY: This document contains terminal system and the resulting product is the blended taxable fuel (7,000). No tax is corrections to final regulations (TD diesel fuel because it is suitable for use as a imposed on R’s subsequent sale of the 9046) which were published in the fuel in a diesel-powered highway vehicle. blended taxable fuel because tax is imposed Federal Register on Tuesday, March 4, (B) Imposition of tax. Under paragraph only with respect to a removal or sale by the 2003 (68 FR 10161), relating to tax (g)(1) of this section, tax is imposed on R’s blender. shelter regulations. sale of the 5,000 gallons of blended taxable (C) Liability for tax. W, as the blender, is DATES: This correction is effective fuel to the construction company. Even liable for this tax under paragraph (g)(2)(i) of though the blended taxable fuel is sold for this section. X is jointly and severally liable March 4, 2003. off-highway business use, which is a for this tax under paragraph (g)(2)(ii) of this FOR FURTHER INFORMATION CONTACT: Tara nontaxable use as defined in section 4082(b), section because the blended taxable fuel is P. Volungis or Charlotte Chyr at (202) the sale is not exempt from tax because the produced using an untaxed liquid that X sold 622–3070 (not a toll-free number). blended taxable fuel does not satisfy the as undyed diesel fuel (that is, as diesel fuel SUPPLEMENTARY INFORMATION: dyeing requirements of § 48.4082–1. Tax is that was taxed under section 4081). R has no computed on 1,000 gallons, which is the liability for tax because R is not a blender Background difference between the number of gallons of and did not sell any untaxed liquid as a taxed The final regulations that are subject blended taxable fuel R sells (5,000) and the taxable fuel. R only sold taxed taxable fuel, number of gallons of previously taxed taxable the blended taxable fuel bought from W. to these corrections are under sections fuel used to produce the blended taxable fuel 6011(a), 6111(d) and 6112 of the (4,000). * * * * * Internal Revenue Code.

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Need for correction DEPARTMENT OF HOMELAND traffic congestion on the causeway SECURITY approaching the bridge and surrounding As published, final regulations (TD beachside intersections and roadways. 9046) contains errors that may prove to Coast Guard The Coronado Beach bascule bridge is be misleading and are in need of part of a two-lane, narrow, undivided clarification. 33 CFR Part 117 arterial roadway. This roadway is severely congested due to insufficient Correction of Publication [CGD07–02–077] vehicular capacity and year round ■ Accordingly, the publication of final RIN 1625–AA09 tourism. The existing regulation for this bridge is published in 33 CFR 117.5 and regulations (TD 9046), which was the Drawbridge Operation Regulations; requires the bridge to open on signal. subject of FR Doc. 03–4958, is corrected Coronado Beach Bridge (SR 44), The bridge has a vertical clearance of 24 as follows: Intracoastal Waterway, New Smyrna feet at mean high water and a horizontal § 602.101 [Corrected] Beach, FL clearance of 90 feet. This rule will facilitate vehicle traffic by placing the ■ 1. On page 10178, column 2, in the first AGENCY: Coast Guard, DHS. bridge on a predictable 20-minute table under § 602.101(b), the entry for ACTION: Final rule. opening schedule from 7 a.m. until 7 301.6112–1T in the table is corrected by p.m., each day of the week. removing the OMB number ‘‘1545– SUMMARY: The Coast Guard is changing Discussion of Comments and Changes 1686’’ and adding new OMB numbers to the regulations governing the operation of the Coronado Beach bridge (SR44), read as follows: We received twenty-four letters Intracoastal Waterway, mile 845, New concerning the proposed rule. Twenty- * * * * * Smyrna Beach, Florida. This rule two of the letters supported the (b) * * * requires the bridge to open on signal, proposal. One letter from a commercial except that from 7 a.m. until 7 p.m., fisherman requested that a fifteen- CFR part or section where Current each day of the week, the bridge need minute schedule be adopted for OMB control only open on the hour, twenty minutes identifed and described No. weekdays and that the bridge open on past the hour and forty minutes past the signal for weekends, with exceptions for hour. This action is intended to improve U.S. documented vessels with Coast ***** movement of vehicular traffic while not Guard fishery and commercial towing 301.6112–1T ...... 1545–0865 unreasonably interfering with the endorsements, and emergency and Coast 1545–1686 movement of vessel traffic. Guard vessels when the bridge should DATES: This rule is effective May 2, open on signal. One letter from the ***** 2003. American Canadian Caribbean Line, Inc., requested that scheduled passenger ADDRESSES: Comments and material vessels be exempt from the twenty- ■ received from the public, as well as 2. On page 10178, column 2, in the minute schedule. second table under § 602.101(b), the documents indicated in this preamble as We have carefully considered the entry for 301.6112–1 in the table is cor- being available in the docket, are part of comments and decided not to change rected by removing the OMB number docket [CGD7–02–077] and are available the proposed rule. We do not believe ‘‘1545–1686’’ and adding new OMB for inspection or copying at Commander that a five-minute difference in numbers to read as follows: (obr) Seventh Coast Guard District, 909 scheduled bridge openings will SE 1st Ave, Miami, Florida 33131 * * * * * significantly impact vessel traffic and between 7:30 a.m. and 4 p.m., Monday the proposed rule meets the reasonable (b) * * * through Friday, except Federal holidays. needs of navigation in the waterways FOR FURTHER INFORMATION CONTACT: Mr. surrounding the bridge. The Coast Current Barry Dragon, Project Manager, Seventh CFR part or section where OMB control Guard does not believe there is a identified and described No. Coast Guard District, Bridge Branch, sufficient basis for excluding vessels (305) 415–6743. with Coast Guard fishery and SUPPLEMENTARY INFORMATION: commercial towing endorsements from ***** the twenty-minute schedule. Regulatory Information 301.6112–1 ...... 1545–0865 Additionally, the weekend vessel traffic 1545–1686 On August 7, 2002, we published a does not increase significantly while the notice of proposed rulemaking (NPRM) vehicular traffic actually increases; ***** entitled Drawbridge Operation therefore, the twenty-minute schedule is Regulations; Coronado Beach Bridge (SR warranted for weekends too. Regularly Cynthia E. Grigsby, 44), Intracoastal Waterway, New scheduled passenger vessels should Smyrna Beach, Florida in the Federal Chief, Regulations Unit, Associate Chief have no difficulties timing their Register (67 FR 51157). We received Counsel, (Procedure & Administration). departure to make one of the twenty- twenty-four letters commenting on the minute bridge openings. [FR Doc. 03–7733 Filed 4–01–03; 8:45 am] proposed rule. No public hearing was BILLING CODE 4830–01–M requested, and none was held. Regulatory Evaluation This rule is not a ‘‘significant Background and Purpose regulatory action’’ under section 3(f) of On behalf of the City of New Smyrna Executive Order 12866, Regulatory Beach, the New Smyrna Beach Police Planning and Review, and does not Chief requested a change in regulations require an assessment of potential costs governing the operation of the Coronado and benefits under section 6(a)(3) of that Beach bridge (SR44) to ease vehicle Order. The Office of Management and

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Budget has not reviewed it under that employees of the Coast Guard, call 1– Federal Government and Indian tribes, Order. It is not ‘‘significant’’ under the 888-REG-FAIR (1–888–734–3247). or on the distribution of power and regulatory policies and procedures of responsibilities between the Federal Collection of Information the Department of Homeland Security Government and Indian tribes. (DHS). This rule calls for no new collection Energy Effects We expect the economic impact of of information under the Paperwork this rule to be so minimal that a full Reduction Act of 1995 (44 U.S.C. 3501– We have analyzed this rule under Regulatory Evaluation under the 3520). Executive Order 13211, Actions Concerning Regulations That regulatory policies and procedures of Federalism DHS is unnecessary because this rule Significantly Affect Energy Supply, allows for three openings per hour from A rule has implications for federalism Distribution, or Use. We have 7 a.m. until 7 p.m., each day, and under Executive Order 13132, determined that it is not a ‘‘significant openings on signal at all other times. Federalism, if it has a substantial direct energy action’’ under that order because effect on State or local governments and it is not a ‘‘significant regulatory action’’ Small Entities would either preempt State law or under Executive Order 12866 and is not Under the Regulatory Flexibility Act impose a substantial direct cost of likely to have a significant adverse effect (5 U.S.C. 601–612), we have considered compliance on them. We have analyzed on the supply, distribution, or use of whether this rule would have a this rule under that Order and have energy. It has not been designated by the significant economic impact on a determined that it does not have Administrator of the Office of substantial number of small entities. implications for federalism. Information and Regulatory Affairs as a The term ‘‘small entities’’ comprises Unfunded Mandates Reform Act significant energy action. Therefore, it small businesses, not-for-profit does not require a Statement of Energy The Unfunded Mandates Reform Act organizations that are independently Effects under Executive Order 13211. of 1995 (2 U.S.C. 1531–1538) requires owned and operated and are not Federal agencies to assess the effects of Environment dominant in their fields, and their discretionary regulatory actions. In governmental jurisdictions with We have analyzed this rule under particular, the Act addresses actions populations of less than 50,000. Commandant Instruction M16475.1D, that may result in the expenditure by a which guides the Coast Guard in This rule may affect the following State, local, or tribal government, in the complying with the National entities, some of which might be small aggregate, or by the private sector, of Environmental Policy Act of 1969 entities: the owners or operators of $100,000,000 or more in any one year. (NEPA) (42 U.S.C. 4321–4307f), and vessels intending to transit under the Although this rule will not result in have concluded that there are no factors Coronado Beach bridge from the hours such an expenditure, we do discuss the in this case that would limit the use of of 7 a.m. until 7 p.m. daily, as well as effects of this rule elsewhere in this a categorical exclusion under section people who drive vehicles over the preamble. 2.B.2 of the Instruction. Therefore, this bridge from 7 a.m. until 7 p.m. daily, rule is categorically excluded, under and local business owners. The Coast Taking of Private Property figure 2–1, paragraph (32)(e), of the Guard certifies under 5 U.S.C. 605(b) This rule will not effect a taking of Instruction, from further environmental that this rule will not have a significant private property or otherwise have documentation. Under figure 2–1, economic impact on a substantial taking implications under Executive paragraph (32)(e) of the Instruction, an number of small entities because this Order 12630, Governmental Actions and ‘‘Environmental Analysis Check List’’ rule only slightly modifies the existing Interference with Constitutionally and a ‘‘Categorical Exclusion bridge operation schedule, the Protected Property Rights. Determination’’ are not required for this maximum waiting time for vessels to rule. pass will be twenty-minutes from 7 a.m. Civil Justice Reform until 7 p.m., daily, and the average cycle This rule meets applicable standards List of Subjects in 33 CFR Part 117 time for a bridge opening is in sections 3(a) and 3(b)(2) of Executive Bridges. approximately 6 minutes. Order 12988, Civil Justice Reform, to ■ For the reasons discussed in the pre- Assistance for Small Entities minimize litigation, eliminate amble, the Coast Guard amends 33 CFR ambiguity, and reduce burden. Part 117 as follows: Under section 213(a) of the Small Protection of Children Business Regulatory Enforcement PART 117—DRAWBRIDGE Fairness Act of 1996 (Public Law 104– We have analyzed this rule under OPERATION REGULATIONS 121), we offered to assist small entities Executive Order 13045, Protection of in understanding the rule so that they Children from Environmental Health ■ 1. The authority citation for part 117 could better evaluate its effects on them Risks and Safety Risks. This rule is not continues to read as follows: and participate in the rulemaking an economically significant rule and Authority: 33 U.S.C. 499; Department of process. Small businesses may send does not create an environmental risk to Homeland Security Delegation No. 0170; 33 comments on the actions of Federal health or risk to safety that may CFR 1.05–1(g); Section 117.255 also issued employees who enforce, or otherwise disproportionately affect children. under authority of Pub. L. 102–587, 106 Stat. determine compliance with, Federal 5039. Indian Tribal Governments regulations to the Small Business and ■ 2. In § 117.261, add paragraph (h) to Agriculture Regulatory Enforcement This rule does not have tribal read as follows: Ombudsman and the Regional Small implications under Executive Order Business Regulatory Fairness Boards. 13175, Consultation and Coordination § 117.261 Atlantic Intracoastal Waterway The Ombudsman evaluates these with Indian Tribal Governments, from St. Marys River to Key Largo. actions annually and rates each agency’s because it does not have a substantial * * * * * responsiveness to small business. If you direct effect on one or more Indian (h) Coronado Beach bridge (SR 44), wish to comment on actions by tribes, on the relationship between the mile 845 at New Smyrna Beach. The

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Coronado Beach bridge (SR 44), mile SUPPLEMENTARY INFORMATION: go directly to the guidelines at http:// 845, shall open on signal, except that www.epa.gov/opptsfrs/home/ I. General Information from 7 a.m. until 7 p.m., each day of the guidelin.htm. week, the draw need only open on the A. Does this Action Apply to Me? An electronic version of the public docket is available through EPA’s hour, twenty minutes past the hour and You may be potentially affected by electronic public docket and comment forty minutes past the hour. this action if you are an agricultural system, EPA Dockets. You may use EPA * * * * * producer, food manufacturer, or Dockets at http://www.epa.gov/edocket/ pesticide manufacture. Potentially Dated: March 21, 2003. to submit or view public comments, affected entities may include, but are James S. Carmichael, access the index listing of the contents Rear Admiral, U.S. Coast Guard, Commander, not limited to: of the official public docket, and to • Crop production (NAICS 111) Seventh Coast Guard District. access those documents in the public • Animal production (NAICS 112) [FR Doc. 03–7996 Filed 4–1–03; 8:45 am] docket that are available electronically. • Food manufacturing (NAICS 311) BILLING CODE 4910–15–P Although not all docket materials may • Pesticide manufacturing (32532) be available electronically, you may still This listing is not intended to be access any of the publicly available ENVIRONMENTAL PROTECTION exhaustive, but rather provides a guide docket materials through the docket AGENCY for readers regarding entities likely to be facility identified in Unit I.B.1. Once in affected by this action. Other types of the system, select ‘‘search,’’ then key in 40 CFR Part 180 entities not listed in this unit could also the appropriate docket ID number. be affected. The North American [OPP–2003–0046; FRL–7299–8] Industrial Classification System II. Background and Statutory Findings S-Metolachlor; Pesticide Tolerance (NAICS) codes have been provided to In the Federal Register of January 29, assist you and others in determining 2003, (68 FR 4470–4475) (FRL–7281–3), AGENCY: Environmental Protection whether this action might apply to EPA issued a notice pursuant to section Agency (EPA). certain entities. If you have any 408 of FFDCA, 21 U.S.C. 346a, as ACTION: Final rule. questions regarding the applicability of amended by FQPA (Public Law 104– this action to a particular entity, consult 170), announcing the filing of pesticide SUMMARY: This regulation establishes a the person listed under FOR FURTHER petitions (PP 6E4638, 8E5011, 6F6751, tolerance for combined residues of S- INFORMATION CONTACT. and 7F4897) by the Interregional metolachlor Acetamid, 2-chloro-N-(2- Research Project No. 4 (IR-4), and ethyl-6-methylphenyl)-N-(2-methoxy-1- B. How Can I Get Copies of this Syngenta Crop Protection, New Jersey methylethyl)-, (S) and its metabolites, Document and Other Related Agricultural Experiment Station, P.O. determined as the derivatives, 2-(2- Information? Box 231, Rutgers University, New ethyl-6-methylphenyl)amino-1-propanol 1. Docket. EPA has established an Brunswick, NJ 08903 and 410 Swing and 4-(2-ethyl-6-methylphenyl)-2- official public docket for this action Road, Greensboro, NC 27419. That hydroxy-5-methyl-3-morpholinone, under docket identification (ID) number notice included a summary of the each expressed as the parent compound OPP–2003–0046. The official public petition prepared by IR-4 and Syngenta, S-metolachlor in or on the raw docket consists of the documents the registrant. There were no comments agricultural commodities grass forage, specifically referenced in this action, received in response to the notice of grass hay, spinach, sugar beet, sugar any public comments received, and filing. beet molasses, sugar beet tops, other information related to this action. The petition requested that 40 CFR sunflower seed, sunflower meal, and Although a part of the official docket, 180.368(a) be amended by establishing a tomato. The Interregional Research the public docket does not include tolerance for combined residues of the Project No. 4 (IR-4) and Syngenta Crop Confidential Business Information (CBI) herbicide S-metolachlor Acetamid, 2- Protection requested theses tolerances or other information whose disclosure is chloro-N-(2-ethyl-6-methylphenyl)-N-(2- under the Federal Food, Drug, and restricted by statute. The official public methoxy-1-methylethyl)-, (S) and its Cosmetic Act (FFDCA), as amended by docket is the collection of materials that metabolites, determined as the the Food Quality Protection Act of 1996 is available for public viewing at the derivatives, 2-(2-ethyl-6- (FQPA). Public Information and Records methylphenyl)amino-1-propanol and 4- DATES: This regulation is effective April Integrity Branch (PIRIB), Rm. 119, (2-ethyl-6-methylphenyl)-2-hydroxy-5- 2, 2003. Objections and requests for Crystal Mall #2, 1921 Jefferson Davis methyl-3-morpholinone, each expressed hearings, identified by docket ID Hwy., Arlington, VA. This docket as the parent compound in or on the number OPP–2003–0046, must be facility is open from 8:30 a.m. to 4 p.m., raw agricultural commodities grass received on or before June 2, 2003. Monday through Friday, excluding legal forage at 12.0 parts per million (ppm), ADDRESSES: Written objections and holidays. The docket telephone number grass hay at 0.02 ppm, spinach at 0.5 hearing requests may be submitted is (703) 305–5805. ppm, sugar beet at 0.5 ppm, sugar beet electronically, by mail, or through hand 2. Electronic access. You may access dried pulp at 1.0 ppm, sugar beet delivery/courier. Follow the detailed this Federal Register document molasses at 3.0 ppm, sugar beet tops at instructions as provided in Unit VI. of electronically through the EPA Internet 15.0 ppm, sunflower at 0.5 ppm, the SUPPLEMENTARY INFORMATION. under the ‘‘Federal Register’’ listings at sunflower meal at 1.0 ppm, and tomato FOR FURTHER INFORMATION CONTACT: http://www.epa.gov/fedrgstr/. A at 0.1 ppm. Joanne Miller, Registration Division frequently updated electronic version of Section 408(b)(2)(A)(i) of the FFDCA (7505C), Office of Pesticide Programs, 40 CFR part 180 is available at http:// allows EPA to establish a tolerance (the Environmental Protection Agency, 1200 www.access.gpo.gov/nara/cfr/ legal limit for a pesticide chemical Pennsylvania Ave., NW.,Washington, cfrhtml_00/Title_40/40cfr180_00.html, a residue in or on a food) only if EPA DC 20460–0001; telephone number: beta site currently under development. determines that the tolerance is ‘‘safe.’’ (703) 305–6224; e-mail address: To access the OPPTS Harmonized Section 408(b)(2)(A)(ii) of the FFDCA [email protected]. Guidelines referenced in this document, defines ‘‘safe’’ to mean that ‘‘there is a

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reasonable certainty that no harm will available scientific data and other metolachlor). The S-enantiomer is the result from aggregate exposure to the relevant information in support of this herbicidally active isomer. S- pesticide chemical residue, including action. EPA has sufficient data to assess metolachlor is a racemic mixture all anticipated dietary exposures and all the hazards of and to make a comprised of 88% S-enantiomer and other exposures for which there is determination on aggregate exposure, 12% R-enantiomer. Toxicity data has reliable information.’’ This includes consistent with section 408(b)(2) of the been submitted on both metolachlor and exposure through drinking water and in FFDCA, for a tolerance for combined S-metolachlor. The Agency has residential settings, but does not include residues of Acetamid, 2-chloro-N-(2- determined that S-metolachlor has occupational exposure. Section ethyl-6-methylphenyl)-N-methoxy-1- either comparable or decreased toxicity methylethyl)-, (S) and its metabolites, 408(b)(2)(C) of the FFDCA requires EPA as compared to racemic metolachlor. to give special consideration to determined as the derivatives, 2-(2- exposure of infants and children to the ethyl-6-methylphenyl)amino-1-propanol EPA has evaluated the available pesticide chemical residue in and 4-(2-ethyl-6-methylphenyl)-2- toxicity data and considered its validity, establishing a tolerance and to ‘‘ensure hydroxy-5-methyl-3-morpholinone, completeness, and reliability as well as that there is a reasonable certainty that each expressed as the parent compound the relationship of the results of the no harm will result to infants and in or on the raw agricultural studies to human risk. EPA has also children from aggregate exposure to the commodities; grass forage at 10.0 ppm; considered available information pesticide chemical residue....’’ grass hay at 0.02 ppm; spinach at 0.5 concerning the variability of the EPA performs a number of analyses to ppm; sugar beet roots at 0.5 ppm; sugar sensitivities of major identifiable determine the risks from aggregate beet molasses at 3.0 ppm; sugar beet subgroups of consumers, including exposure to pesticide residues. For tops at 15.0 ppm; sunflower seeds at 0.5 infants and children. The nature of the further discussion of the regulatory ppm; sunflower meal at 1.0 ppm; and toxic effects caused by metolachlor are requirements of section 408 of the tomato at 0.1 ppm. EPA’s assessment of discussed in Table 1a below as well as FFDCA and a complete description of exposures and risks associated with the no-observed-adverse-effect-level the risk assessment process, see the final establishing the tolerance follows. (NOAEL) and the lowest-observed- rule on Bifenthrin Pesticide Tolerances A. Toxicological Profile adverse-effect-level (LOAEL) from the (62 FR 62961, November 26, 1997) (FRL–5754–7). Metolachlor is a chloroacetanilide toxicity studies reviewed. herbicide that was first registered for III. Aggregate Risk Assessment and use in 1976. Racemic metolachlor Determination of Safety consists of 50% each of the R- Consistent with section 408(b)(2)(D) enantiomer (CGA 77101) and the S- of the FFDCA, EPA has reviewed the enantiomer (CGA 77102, or alpha

TABLE 1A.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY FOR METOLACHLOR (PC CODE 108801)

Guideline No. Study Type Results

870.3100 90-Day oral toxicity NOAEL = 210 milligram/kilogram/day (mg/kg/day) for males rodents LOAEL for males was not established NOAEL = 23.4 mg/kg/day for females LOAEL =259 mg/kg/day for females based on decreased body weight/body weight gain

870.3150 90-Day oral toxicity in NOAEL =8.77 mg/kg/day nonrodents LOAEL = 29.42 mg/kg/day based on decreased body weight gain

870.3200 21-28 day dermal Systemic NOAEL = 1,000 mg/kg/day Systemic LOAEL was not established dermal irritation NOAEL was not established dermal irritation LOAEL = 10 mg/kg/day based on very slight erythema, dry skin and fissuring (one animal)

870.3700 Prenatal developmental in Maternal NOAEL = 300 mg/kg/day rodents Maternal LOAEL = 1,000 mg/kg/day based on an increased incidence of death, clin- ical signs of toxicity (clonic and/or toxic convulsions, excessive salivation, urine- stained abdominal fur and/or excessive lacrimation) and decreased body weight gain. Developmental NOAEL = 300 mg/kg/day Developmental LOAEL =1000 mg/kg/day based on slightly decreased number of im- plantations per dam, decreased number of live fetuses/dam, increased number of resorptions/dam and significant decrease in mean fetal body weight

870.3700 Prenatal developmental in Maternal Toxicity NOAEL = 120 mg/kg/day nonrodents Maternal Toxicity LOAEL = 360 mg/kg/day based on an increased incidence of clin- ical observations (persistent anorexia) and decreased body weight gain Developmental Toxicity NOAEL = 360 mg/kg/day Developmental Toxicity LOAEL was not established

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TABLE 1A.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY FOR METOLACHLOR (PC CODE 108801)—Continued

Guideline No. Study Type Results

870.3800 Reproduction and fertility Parental Toxicity NOAEL = 75.8 mg/kg/day (F0 males/females: 75.8/85.7 mg/kg/day; effects F1 males/females: 76.6/84.5 mg/kg/day). Parental LOAEL was not established Reproductive toxicity NOAEL = 75.8 mg/kg/day (F0 males/females: 75.8/85.7 mg/kg/ day; F1 males/females: 76.6/84.5 mg/kg/day). Reproductive toxicity LOAEL was not established Offspring NOAEL = 23.5 mg/kg/day (F0 males/females: 23.5/ 26.0 mg/kg/day; F1 males/females: 23.7/25.7 mg/kg/day) Offspring LOAEL = 75.8 mg/kg/day based on F0 males/females: 75.8/85.7 mg/kg/ day; F1 males/females: 76.6/84.5 mg/kg/day) based on decreased body weight.

870.4100 Chronic toxicity dogs NOAEL = 9.7 mg/kg/day for females LOAEL = 33mg/kg/day for females based on decreased body weight NOAEL =32.7 mg/kg/day for males. LOAEL for males was not established

870.4300 Chronic Toxicity/Carcino- NOAEL = 15 mg/kg/day for females genicity in Rodents LOAEL = 150 mg/kg/day for females based on slightly decreased body weight gain and food consumption. The NOAEL =150 mg/kg/day for males. The LOAEL was not established for males. Administration of doses up to 3,000 ppm (150 mg/kg/day) was associated with sta- tistically significant increases in liver adenomas and combined adenoma/car- cinoma in female rats. In male rats, there was a statistically significant trend but not pair-wise significance for liver tumors.

870.4300 Carcinogenicity mice NOAEL = 150 mg/kg/day LOAEL = 450 mg/kg/day based on possible treatment-related deaths in females and decreased body weight/body weight gain in males and females no evidence of carcinogenicity

870.5100 Gene mutation -bacterial negative up to cytotoxic doses (1,000 µg/plate) reverse mutation

870.5300 Gene mutation - mouse no effect on the incidence of mutations in the presence or absence of metabolic acti- lymphoma vation

870.5395 Cytogenetics Micro- no effect of treatment on incidence of micronuclei induction nucleus assey in Chi- nese hampsters

870.5450 Cytogenetics dominant le- no effect on embryonic death, pre- and post-implantation or fertility rates in mated thal assey in mice females

870.5550 Other Effects DNA Dam- negative age/Repair in rat hepatocytes

870.5550 Other Effects DNA Dam- negative age/Repair in human fibroblasts

870.5550 Other Effects Unsched- negative for induction of UDS; however, significant increases in percentage of cells uled DNA synthesis in in S-phase were observed in females dosed at 500 mg/kg (but not at 1,000 or rat hepatocytes 1,500 mg/kg) and sacrificed at 15 hours

870.7485 Metabolism and phar- The major metabolic pathway proposed from analysis of urinary as well as fecal me- macokinetics tabolites is one of cleavage of the ether bond and subsequent oxidation to the Unacceptable carboxylic acid, as well as hydrolytic removal of the chlorine atom. Conjugation of CGA 24705 or metabolites with gluronic acid or sulfate does not appear to occur. Aqueous extractable urinary radioactivity contained 58% of the total urinary radioac- tivity and was composed of 5 different radioactive fractions, which were not identified. Current guideline recommendations as to dose levels and use of both sexes in me- tabolism studies were not followed. Thus, whether the metabolic pattern is altered with dose or repeated exposure cannot be evaluated from these data.

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TABLE 1A.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY FOR METOLACHLOR (PC CODE 108801)—Continued

Guideline No. Study Type Results

870.7485 Metabolism and phar- Conclusions: Single low (1.5 mg/kg), single high (300 mg/kg) and repeated low (1.5 macokinetics mg/kg/day for 15 days) oral doses of metolachlor were readily absorbed and elimi- Unacceptable nated by male and female rats. Urinary and fecal elimination of radioactivity asso- ciated with orally administered 14C metolachlor was essentially complete within 48 to 72 hours after dosing. Low- and high-dose females eliminated 14C more rapidly (p<0.003, half-lives of elimination, 16.6 and 15.6 hours, respectively) than low- and high-dose males and repeated-dose animals of both sexes (half-lives, 18.2 and 20.0 hours). Elimination by all animals followed first-order kinetics. Approxi- mately one-half to two-thirds (48 to 64 percent) of the 14C administered was re- covered from the urine within 7 days; similar amounts were present in the feces. Low-dose males eliminated slightly more of the radioactive dose in the feces (55 percent) than the urine (48 percent). The opposite trend was seen in the low-dose females and repeated-dose rats of both sexes; these animals excreted approxi- mately 58 to 64 percent of the 14C dose in the urine and 42.5 to 46.5 percent in the feces within 7 days after dosing. High-dose animals excreted similar amounts (58 to 60 percent) of the radioactive dose in the urine and feces. Total recoveries of 14C (urine, feces, and tissues) tended to be high and were between 105 and 122.5 percent.

870.7485 Metabolism and In a rat metabolism study (MRID #431642–01),14C-Metolachlor was administered pharmacokinetics orally in PEG–200 HWI 6117–208 or corn oil ABR–94001 to groups (5 sex/dose) of male and female Sprague-Dawley rats at a low oral dose (1.5 mg/kg), repeated low oral dose (1.5 mg/kg x 14 days), and a single high dose (300 mg/kg). Control animals (1/sex) received blank formulation. Comparison of oral and intravenous data showed that of the administered dose, be- tween 69.6% and 93.2% was absorbed. Distribution data showed that the only significant sites of residual radioactivity at 7 days post-dose were residual carcass (0.9 – 2.2% of the administered dose) and red blood cells (0.95 – 1.53 µg equiva- lents/gram in blood cells for all low dose male and female rats). Dosing regimen did not result in any apparent accumulation of residual radioactivity. Excretion data showed that urine and feces were both significant routes for elimi- nation of metolachlor derived radioactivity. In the low dose groups, the urine ap- peared more of a predominant route for excretion in female rats than in males, whereas fecal excretion was slightly higher in males. However, at the high oral dose, there were no apparent sex-related differences in the pattern of urinary ex- cretion. Examination of urinary excretion data as presented in graphical format in- dicated that at the 300 mg/kg dose, excretion was delayed vs the low oral dose, suggesting saturation of elimination.

The nature of the toxic effects caused by S-metolachlor are discussed in Table 1b below as well as the NOAEL and the LOAEL from the toxicity studies reviewed.

TABLE 1B.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY FOR S-METOLACHLOR (PC CODE 108800)

Guideline No. Study Type Results

870.3100 90–Day oral toxicity rodents NOAEL = 15 milligram/kilogram/day (mg/kg/day) LOAEL = 150 mg/kg/day based on lower body weights/body weight gains, reduced food consumption and food efficiency and increased kidney weights in males

870.3100 90–Day oral toxicity rodents NOAEL = 208 mg/kg/day in males and 236 mg/kg/day in females LOAEL was not defined.

870.3150 90–Day oral toxicity in nonrodents NOAEL = 62 mg/kg/day in males and 74 mg/kg/day in females LOAEL = was not established

870.3700 Prenatal developmental in rodents Maternal NOAEL = 50 mg/kg/day LOAEL = 500 mg/kg/day based on increased clinical signs of toxicity, de- creased body weights/body weight gains, food consumption and food efficiency. Developmental NOAEL = 1,000 mg/kg/day LOAEL was not established

870.3700 Prenatal developmental in nonrodents Maternal NOAEL = 20 mg/kg/day LOAEL =100 mg/kg/day based on clinical signs of toxicity Developmental NOAEL = 500 mg/kg/day LOAEL was not established

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TABLE 1B.—SUBCHRONIC, CHRONIC, AND OTHER TOXICITY FOR S-METOLACHLOR (PC CODE 108800)—Continued

Guideline No. Study Type Results

870.5100 Gene Mutation Test There was no indication that S-metolachlor technical induced a muta- genic effect in any tester strain either in the presence or the absence of S9 activation.

870.5395 Cytogenetics Micronucleus test There was no evidence that S-metolachlor technical induced a clastogenic or aneugenic effect in either sex at any dose or sacrifice time.

870.5550 Other Effects Unscheduled DNA synthesis S-metolachlor technical was negative for genotoxicity but positive for cel- lular proliferation when tested up to overtly toxic and cytotoxic doses in this in vivo/in vitro rat hepatocyte RDS/UDS assay.

870.7485 Metabolism and pharmacokinetics S-metolachlor has a high affinity for and a long half-life in blood (espe- cially RBC) which might contribute to the retarded depletion of tissue residues.

870.7485 Metabolism and pharmacokinetics The 72 hour mean recovery of radioactivity in urine, feces, and carcass Unacceptabler following administration of 0.5 mg/kg of Phenyl-U-14C CGA-24705 was 43.1%, 47.0%, and 7.4% in males and 54.0%, 39.4%, and 4.1% in fe- males, respectively. In contrast, both sexes excreted more of the label in the feces (M:F 59.7%:53.4%) than in the urine (M:F 29.4%:39.8%) during the same period following administration of the same dose of Phenyl-U-14C CGA–77102 (the S-enantiomer) (MRID 44491401).

B. Toxicological Endpoints additional factor. The acute or chronic NOAEL based on an endpoint related to Population Adjusted Dose (aPAD or cancer effects though it may be a The dose at which no adverse effects cPAD) is a modification of the RfD to are observed (the NOAEL) from the different value derived from the dose accommodate this type of FQPA SF. toxicology study identified as response curve. To estimate risk, a ratio For non-dietary risk assessments of the point of departure to exposure appropriate for use in risk assessment is (other than cancer) the UF is used to used to estimate the toxicological level (MOEcancer = point of departure/ determine the LOC. For example, when exposures) is calculated. EPA’s Health of concern (LOC). However, the lowest 100 is the appropriate UF (10X to dose at which adverse effects of concern Effects Division’s Cancer Assessment account for interspecies differences and Review Committee has classified are identified (the LOAEL) is sometimes 10X for intraspecies differences) the used for risk assessment if no NOAEL metolachlor as a Group C carcinogen LOC is 100. To estimate risk, a ratio of with risk quantitated using a non-linear was achieved in the toxicology study the NOAEL to exposures (margin of selected. An uncertainty factor (UF) is approach. The NOAEL of 15 mg/kg/day exposure (MOE) = NOAEL/exposure) is from the rat combined chronic toxicity/ applied to reflect uncertainties inherent calculated and compared to the LOC. carcinogenicity study is based on in the extrapolation from laboratory The linear default risk methodology animal data to humans and in the (Q*) is the primary method currently neoplastic nodules/hepatocellular variations in sensitivity among members used by the Agency to quantify carcinomas seen at the highest dose of the human population as well as carcinogenic risk. The Q* tested of 150 mg/kg/day. The Agency other unknowns. An UF of 100 is approachassumes that any amount of notes that the tumor NOAEL of 15 mg/ routinely used, 10X to account for exposure will lead to some degree of kg/day is comparable to the NOAEL of interspecies differences and 10X for cancer risk. A Q* is calculated and used 9.7 mg/kg/day selected for establishing intra species differences. to estimate risk which represents a the chronic reference dose for For dietary risk assessment (other probability of occurrence of additional metolachlor. It is assumed that the than cancer) the Agency uses the UF to cancer cases (e.g., risk is expressed as 1 chronic dietary PAD is protective for calculate an acute or chronic reference x 10-6 or one in a million). Under certain cancer dietary risk. Therefore, a separate dose (aRfD or cRfD) where the RfD is specific circumstances, MOE cancer aggregate risk assessment was equal to the NOAEL divided by the calculations will be used for the not conducted, and cancer DWLOC appropriate UF (RfD = NOAEL/UF). carcinogenic risk assessment. In this values were not calculated. A summary Where an additional safety factor (SF) is non-linear approach, a ‘‘point of of the toxicological endpoints for S- retained due to concerns unique to the departure’’ is identified below which Metolachlor used for human risk FQPA, this additional factor is applied carcinogenic effects are not expected. assessment is shown in Table 2 of this to the RfD by dividing the RfD by such The point of departure is typically a unit:

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TABLE 2.—SUMMARY OF TOXICOLOGICAL DOSE AND ENDPOINTS FOR METOLACHLOR/S-METOLACHLOR FOR USE IN HUMAN RISK ASSESSMENT

FQPA SF* and Level of Exposure Scenario Dose Used in Risk Assess- Concern for Risk Study and Toxicological Effects ment, UF Assessment

Acute Dietary (all popu- NOAEL = 300 mg/kg/day FQPA SF = 1X Prenatal developmental toxicity study in rats with lation subgroups) UF = 100x aPAD = 3.0 mg/kg/day metolachlor- death, clinical signs of toxicity (clo- nic and/or tonic convulsions, excessive salivation, urine-stained abdominal fur and/or excessive sali- vation) and decreased body weight gain

Chronic Dietary(All popu- NOAEL= 9.7 mg/kg/day FQPA SF = 1x cPAD = Chronic study in dogs with metolachlor- endpoint is lation subgroups) UF = 100x 0.1 mg/kg/day decreased body weight in females

Incidental Oral, Short-term NOAEL = 50 Target MOE = 100 Prenatal developmental toxicity study in rats with (one to 30 days) metolachlor- increased incidence of clinical signs, decreased body weight/body weight gain, food consumption, and food efficiency

Incidental Oral, Inter- NOAEL = 8.8 Target MOE = 100 Subchronic (6 month) toxicity study in dogs with mediate-term (one metolachlor-decreased body weight gain month to 180 days)

Dermal, Short- and Inter- No systemic toxicity was seen None Hazard was not identified for quantification of mediate-Term at the limit dose (1,000 mg/ risk.there is no concern for developmental toxicity kg/day) following dermal in rats or rabbits. applications

Dermal, Long-Terma Oral NOAEL = 9.7 Target MOE = 100 chronic toxicity study in dogs with metolachlor-de- (greater than 180 days) creased body weight gain in females

Inhalation, Short-Termb Oral NOAEL = 50 Target MOE = 100 Prenatal development toxicity study in rats with S- metolachlor-increased incidence of clinical signs, decreased body weight/body weight gain, food consumption, and food efficiency

Inhalation, Intermediate- Oral NOAEL = 8.8 Target MOE = 100 subchronic (6 month) toxicity study in dogs with Termb metolachlor- decreased body weight gain

Inhalation, Long-Termb Oral NOAEL = 9.7 Target MOE = 100 chronic toxicity study in dogs with metolachlor- de- creased body weight gain in females

Cancer Classification: Group C, possible human carcinogen with risk quantitated using a non-linear approach. * The reference to the FQPA Safety Factor refers to any additional safety factor retained due to concerns unique to the FQPA. a Since an oral NOAEL was selected, a dermal absorption factor of 58% should be used in route-to-route extrapolation. b Since an oral NOAEL was selected, an inhalation factor of 100% should be used in route-to-route extrapolation.

C. Exposure Assessment metolachlor/S-metolachlor residues indicated the possibility of an effect of 1. Dietary exposure from food and have been established on various plant concern occurring as a result of a one feed uses. Tolerances for metolachlor commodities ranging from 0.1 ppm in/ day or single exposure. The Dietary  currently cover residues of S- on numerous commodities to 30.0 ppm Exposure Evaluation Model (DEEM ) metolachlor on the same commodities in/on peanut forage and hay (40 CFR analysis evaluated the individual food for the same use pattern when the 180.368(a)). Time-limited tolerances consumption as reported by maximum labeled use rate of S- associated with section 18 emergency respondents in the USDA 1989–1992 metolachlor is approximately 35 percent exemptions have been established for nationwide Continuing Surveys of Food less than the historical use rate of metolachlor residues in/on grass forage Intake by Individuals (CSFII) and metolachlor. and hay, spinach, and tomato accumulated exposure to the chemical Tolerances have been established (40 commodities (40 CFR 180.368(b)). for each commodity. The following CFR 180.368(a)) for the combined Tolerances associated with regional assumptions were made for the acute residues of metolachlor and S- registrations have also been established exposure assessments: A conservative metolachlor in or on a variety of raw for metolachlor residues in/on dry bulb Tier I acute dietary exposure assessment agricultural commodities. Tolerances for onions, cabbage, and various peppers was conducted for all labeled residues of both metolachlor and s- (chili, Cubanelle, and tabasco) (40 CFR metolachlor and S-metolachlor food metolachlor in or on raw agricultural 180.368(c)). Risk assessments were uses. Inputs for this assessment commodities include the combined conducted by EPA to assess dietary included tolerance-level residue values residues of (free and bound) metolachlor exposures from S-metolachlor in food as and an assumption that 100% of all and its metabolites, determined as the follows: labeled crops were treated with derivatives, CGA–37913 and CGA– i. Acute exposure. Acute dietary risk metolachlor/S-metolachlor. For all 47951, each expressed as parent assessments are performed for a food- supported registered commodities, the compound. Permanent tolerances for use pesticide if a toxicological study has acute dietary exposure estimates are

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below the Agency’s level of concern Dietary Exposure Evaluation Model registered commodities, the chronic (<100% aPAD) at the 95th exposure (DEEM) analysis evaluated the dietary exposure estimates are below the percentile for the general U.S. individual food consumption as Agency’s level of concern (<100% population and all population reported by respondents in the USDA cPAD) for the general U.S. population subgroups. The acute dietary risk 1989–1992 nationwide CSFII and and all population subgroups. The estimate for the highest exposed accumulated exposure to the chemical chronic dietary risk estimate for the population subgroup, children 1–6 years for each commodity. The following highest exposed population subgroup, < of age, is 1% of the aPAD. Acute assumptions were made for the chronic children 1–6 years of age, is 4% of the dietary risk estimates are not of concern. exposure assessments: A conservative cPAD. Chronic dietary risk estimates are Results of the acute dietary risk Tier I chronic dietary exposure not of concern. Results of the chronic assessment are presented in Table 3 assessment was conducted for all dietary risk assessment are presented in below. ii. Chronic exposure. In conducting supported metolachlor and S- Table 3 below. this chronic dietary risk assessment the metolachlor food uses. For all supported

TABLE 3.—SUMMARY OF DIETARY EXPOSURE ESTIMATES FOR METOLACHLOR AND S-METOLACHLOR

Acute Dietary Chronic Dietary Population Subgroup Dietary Expo- Dietary Expo- Cancer Risk sure (mg/kg/ % aPAD sure (mg/kg/ % cPAD day) day)

General U.S. Population 0.004111 <1 0.001643 2 NA

All Infants (<1 year old) 0.006855 <1 0.002280 2 N/A

Children 1–2 years old 0.008224 <1 0.004025 4 NA

Children 3–5 years old 0.006965 <1 0.003510 4 NA

Children 6–12 years old 0.005003 <1 0.002412 2 NA

Youth 13–19 years old 0.003309 <1 0.001515 2 NA

Adults 20–49 years old 0.002815 <1 0.001263 1 NA

Females 13–49 years old 0.002965 <1 0.001349 1 NA

Adults 50+ years old 0.002839 <1 0.001226 1 NA NA = not applicable

The Agency notes that the acid (OA). Although it was determined range from mobile to highly mobile in conservative Tier I dietary assessments by the Metabolism Assessment Review different soils. Metolachlor/S- for metolachlor and S-metolachlor could Committee that the ESA and OA metolachlor have reportedly been be refined for more realistic dietary metabolites appear to be less toxic than detected as deep as the 36 to 48 inch exposure estimates by using available parent metolachlor/S-metolachlor, they soil layer (maximum sampled soil percent crop treated estimates, field trial are included in this risk assessment depth) in some studies. Degradation and monitoring data, and processing since they were found in greater appears to be dependent on microbially factors; however, the estimated dietary abundance than the parent in water mediated and abiotic processes. The risk to metolachlor and S-metolachlor is monitoring studies. frequency of detection of metolachlor/S- not of concern for all populations in The Agency notes that a key metolachlor from evaluated monitoring both the acute and chronic assessments. assumption of the drinking water data suggest that contamination in Further refinements are not warranted at assessment is that reported monitoring drinking water sources may be this time. data represent both racemic metolachlor widespread. and S-metolachlor. The analytical Environmental fate data comparing 2. Dietary exposure from drinking methods for surface and ground water metolachlor and S-metolachlor indicate water. A drinking water assessment for monitoring data used in this assessment that both are expected to have similar metolachlor and S-metolachlor involved were unable to distinguish between degradation pathways and rates in soil the analysis of surface and ground water metolachlor and S-metolachlor at the and water environments, and both are monitoring data, prospective ground time monitoring was conducted. expected to be mobile to highly mobile water study data, and Tier I (FIRST and However, the Agency believes that the in soil and water environments. screening concentration in ground water fate properties of racemic metolachlor i. EECs for parent metolachlor/S- (SCI-GROW)) and Tier II (pesticide root and S-metolachlor are similar. metolachlor. No single surface or zone modeling/exposure analysis Therefore, the EECs used in this risk ground water monitoring study that was modeling system (PRZM/EXAMS)) assessment are representative of both representative of the entire metolachlor/ modeling results. This assessment racemic metolachlor and S-metolachlor. S-metolachlor use area was available for includes concentrations of parent The environmental fate data base is the drinking water assessment. As a metolachlor/S-metolachlor and the complete for metolachlor. Parent result, the drinking water assessment for degradates metolachlor ethanesulfonic metolachlor/S-metolachlor appear to be parent metolachlor/S-metolachlor is acid (ESA) and metolachlor oxanilic moderately persistent to persistent, and based primarily on monitoring data

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from the following sources: the U.S. metolachlor/S-metolachlor use on ground water (also based on the turf Geological Survey (USGS) National ground water. The SCI-GROW estimate /corn scenario) are not expected to Water Quality Assessment (NAWQA) of 5.5 ppb in ground water is exceed 31.7 ppb. The Agency notes that database, the US EPA STORET data appropriate for risk assessment these values exceed those detected in base, the Acetochlor Registration purposes. the Iowa NAWQA study (63.7 ppb for Partnership (ARP) data base, and two ii. EECs for metolachlor ESA and OA metolachlor ESA and 4.4 ppb for USGS Reservoir Monitoring studies. degradates. Only two small data sets metolachlor OA), and also exceed those The acute estimated environmental were available on the ESA and OA values detected in two PGW studies concentration (EEC) of 77.6 parts per degradates from the Iowa and Illinois (metolachlor ESA was detected at a billion (ppb) was selected from the NAWQA data. In the absence of more maximum concentration of 24 ppb NAWQA database, and the chronic EEC robust monitoring data for the while metolachlor OA was detected at a of 4.3 ppb was selected from the degradates, upper-bound Tier I maximum concentration of 15.6 ppb). In maximum annual time weighted mean estimates for ESA and OA based on addition, recent data collected by the from the NAWQA data. These values are FIRST and SCI-GROW modeling were Suffolk County, New York Department representative of the estimated used to calculate EECs for the of Health Services, Bureau of concentration of parent metolachlor/S- degradates. The modeling used Groundwater Resources indicate that metolachlor in monitored ambient conservative assumptions of selected both metolachlor and S-metolachlor, surface water, and are supported by the fate parameters (aerobic soil metabolism and its degradates, have been detected metolachlor concentrations from the rate constant and soil partitioning in ground water. In data collected National Contaminant Occurrence coefficient) as well as the maximum between 1997 and 2001, metolachlor Database representing analysis of treated application rate of 4 lbs ai/acre on turf/ ESA was detected in 296 well samples drinking water, as well as from model corn. with a maximum concentration of 39.7 predictions using PRZM/EXAMS. Acute and chronic estimates of ppb, while metolachlor OA was Acute and chronic concentrations of metolachlor ESA in surface water (based detected in 228 wells with a maximum parent metolachlor/S-metolachlor in on FIRST modeling) are 31.9 ppb and concentration of 49.6 ppb. No ground water were modeled using SCI- 22.8 ppb, respectively. Acute and information was available on frequency GROW. SCI-GROW estimates the high- chronic estimates of metolachlor OA in of detection and only summary statistics end ground water concentrations of surface water are 91.4 ppb and 65.1 ppb, were provided on these data; therefore, pesticides likely to occur when the respectively. The Agency notes that the these data were not used quantitatively pesticide is used at the maximum application rate used for metolachlor in the risk assessment. allowable rate in areas with ground ESA and OA in the model runs was iii. Drinking water levels of water vulnerable to contamination. estimated by converting maximum label comparison (DWLOCs). In the absence Estimates were based on two rates for each use by the maximum of chemical-specific monitoring data, applications to corn/turf for a total of 4 percentage of degradate found in fate the Agency uses drinking water levels of lbs ai/acre (the maximum application studies. In addition, each application comparison to calculate aggregate risk. rate). In comparison to the SCI-GROW rate was corrected for molecular weight A drinking water level of comparison, or estimate of 5.5 ppb in shallow ground differences of each degradate. However, a DWLOC, is a theoretical upper limit water, the Iowa NAWQA data have a a statistically significant relationship on a pesticide’s concentration in maximum concentration of 15.4 ppb. between parent metolachlor and drinking water in light of total aggregate However, it should be noted that the degradates could not be established; exposure to a pesticide in food, drinking second highest concentration of parent therefore, the amount of degradate is an water, and through residential uses. In metolachlor/S-metolachlor in the Iowa uncertainty in this assessment. This other words, the DWLOC value NAWQA data is 1.7 ppb. Since the uncertainty was addressed in the represents the maximum theoretical detections in the National NAWQA data screening level assessments using FIRST exposure a person may have to pesticide (32.8 ppb) and in the Iowa NAWQA and SCI-GROW with conservative residues through drinking water, after data (15.4 ppb) were single values assumptions for model inputs. The their exposure to the pesticide’s outside the range of the rest of the data, model predictions for ESA and OA residues through food and residential EPA determined that use of SCI-GROW compare with the limited monitoring exposure have been taken into was more appropriate for the risk data available. The screening level consideration. The Office of Pesticide assessment. predictions were higher than the Programs uses DWLOCs internally in Additionally, recent data collected by available data suggesting that the the risk assessment process as a the Suffolk County, New York predictions were likely upper bound surrogate measure of potential exposure Department of Health Services, Bureau and conservative. EPA determined that associated with pesticide exposure of Groundwater Resources indicate that these upper bound predictions will not through drinking water. DWLOC values both metolachlor and S-metolachlor, underestimate the potential exposures are not regulatory standards for drinking and its degradates, have been detected for infants and children from the use of water; however, they do have an in ground water. In data collected metolachlor. indirect regulatory impact through between 1997 and 2001, metolachlor/S- Acute and chronic estimates of aggregate exposure and risk metolachlor was detected in 60 well metolachlor ESA in ground water (based assessments. samples with a maximum concentration on SCI-GROW modeling, turf/corn DWLOCs are calculated for each type of 83 ppb. No information was available scenario) are not expected to exceed of risk assessment as appropriate (acute, on frequency of detection and only 65.8 ppb. This value is considered short-term, intermediate-term, chronic, summary statistics were provided on representative of both peak and long- and cancer) and compared to the these data; therefore, these data were term average concentrations because of appropriate estimated concentration of a not used quantitatively in the risk the inherent transport nature of ground pesticide in surface and ground water. assessment. However, these data suggest water (generally slow movement from If the DWLOC is greater than the that the SCI-GROW estimates for the source of contamination both estimated surface and ground water metolachlor/S-metolachlor are not laterally and horizontally). Acute and concentration, (i.e., if the DWLOC > overestimating the potential impact of chronic estimates of metolachlor OA in EEC), the Agency concludes with

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reasonable certainty there is no drinking days of exposure) only, based on a label assessments. MOE values greater than water risk of concern. specification of a 6–week interval before 100 are not considered to be of concern 3. From non-dietary exposure. The the re-application of S-metolachlor. to the Agency. MOE estimates are based term ‘‘residential exposure’’ is used in A short-term dermal endpoint was not on the dose level of 50 mg/kg/day this document to refer to non- selected, since no systemic toxicity was established for short-term oral risk occupational, non-dietary exposure seen at the limit dose of 1,000 mg/kg/ assessment. (e.g., for lawn and garden pest control, day; therefore, a dermal risk assessment indoor pest control, termiticides, and was not conducted and dermal The exposure and risk estimates for flea and tick control on pets). S- exposures are assumed to be minimal. the three residential exposure scenarios Metolachlor is currently registered for Postapplication inhalation exposure is are assessed for the day of application use on the following residential non- also expected to be minimal since S- (day ‘‘0’’) since children will likely dietary sites: lawn, turf (including sod metolachlor is only applied in an contact the lawn immediately following farms), golf courses, sports fields, and outdoor setting, the vapor pressure is application. ornamental gardens. Although not low (2.8 x 10-5 mm Hg at 25 °C), and the The following estimates/assumptions labeled as a restricted-use pesticide, the label specifies that residents should not were used in the risk assessment: (1) A label indicates that it is not intended for re-enter treated areas until after sprays single application at the maximum label use by homeowners but only for use by have dried. rate of 2.47 lb ai/acre for S-metolachlor, professional lawn care applicators. On The following postapplication (2) exposure duration for children is this basis, a residential handler is not incidental oral scenarios following assumed to be 2 hours per day, (3) the expected to be exposed to residues of S- application to lawns and turf have been exposed child’s weight is 15 kg (33 metolachlor. Therefore, a residential identified: (1) Short-term oral exposure pounds), and (4) turf transferable handler assessment was not conducted. to toddlers and children following residue (TTR) value of 5%, and object- There is potential for postapplication hand-to-mouth exposure; (2) short-term to-mouth residue value of 20% of the exposure to adults and children oral exposure to toddlers and children application rate assumed. resulting from the use of S-metolachlor following object-to-mouth exposure; and on residential lawns. Although the use (3) short-term oral exposure to toddlers The exposure estimates for the three sites for S-metolachlor vary from golf and children following soil ingestion. postapplication scenarios (object-to- courses to ornamental gardens, the The term ‘‘incidental’’ is used to mouth, hand-to-mouth, and incidental residential lawn scenario represents distinguish the inadvertent oral soil ingestion) were combined to what the Agency considers the likely exposure of small children from represent the possible (if not likely) upper-end of possible exposure. exposure that may be expected from high-end oral exposure resulting from Postapplication exposures from various treated foods or residues in drinking lawn (or similar use). Combined post- activities following lawn treatment are water. application oral risk estimates for S- considered to be the most common and Since the FQPA safety factor for the metolachlor are not of concern. The significant in residential settings. protection of children and infants was following Table 4 summarizes the Postapplication exposure is reduced to 1X, a target MOE value of results of the residential postapplication considered to be short-term (1 to 30 100 has been identified for residential assessment:

TABLE 4.—SUMMARY OF RESIDENTIAL POSTAPPLICATION MOE VALUES

Exposure Scenarioa S-Metolachlorb Oral Dose (mg/kg/day) Oral Short-term MOEc

Object-to-mouth S-metolachlor 0.0092 5,400

Hand-to-mouth S-metolachlor 0.037 1,400

Soil ingestion S-metolachlor 0.00012 400,000

Combined exposure S-metolachlor 0.046 1,100 a Exposure scenario represents oral exposure of children, with an assumed body weight of 15 kg. b S-metolachlor application rate is 2.47 lb ai/acre. c Short-term oral MOE = NOAEL/Dose, where short-term oral NOAEL = 50 mg/kg/day.

S-metolachlor may be used on sports metolachlor on lawns, and determined The chloroacetanilide pesticides and recreational fields, as well as golf that there is no risk of concern from this represent a class of food use pesticides courses. However, the Agency believes use. No additional risk from S- that have been given high priority by the that children’s exposure to residues of metolachlor is expected from spray Agency for the reassessment of S-metolachlor remaining on residential drift. tolerances in accordance with the lawns after treatment represents the 4. Cumulative exposure to substances mandates of FQPA. The group of likely upper-end of exposure. with a common mechanism of toxicity. chloroacetanilide pesticides covered by Furthermore, since dermal and Section 408(b)(2)(D)(v) of the FFDCA this review consists of acetochlor, inhalation risks are not of concern, and requires that, when considering whether alachlor, butachlor, metolachlor and oral exposures from sports and to establish, modify, or revoke a propachlor. Various members of this recreational fields, as well as golf tolerance, the Agency consider group of chloroacetanilide pesticides courses, are expected to be minimal, ‘‘available information’’ concerning the have been shown to result in several risks for these other non-occupational cumulative effects of a particular different types of tumor responses in settings are expected to be insignificant. pesticide’s residues and ‘‘other laboratory animals (e.g., nasal, thyroid, The Agency has conducted a direct substances that have a common liver, and stomach tumors). Therefore, exposure assessment for the use of S- mechanism of toxicity.’’ as part of the reassessment, EPA

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scientists considered several different not apparent from currently available 3. Conclusion. There is a complete potential common mechanism of data that it shares the same target site in toxicity data base for S-metolchlor and toxicity groupings for these chemicals. the nasal tissue as acetochlor, alachlor exposure data are complete or are In reviewing this issue, EPA scientists and butachlor. Although propachlor estimated based on data that reasonably were guided by several relevant Agency does produce a precursor of a accounts for potential exposures. EPA science policies, including Guidance for quinoneimine, the available data do not determined that the 10X SF to protect Identifying Pesticide Chemicals and support its tumorigenicity to the nasal infants and children should be removed. Other Substances that Have a Common turbinates. The FQPA Safety Factor Committee met Mechanism of Toxicity. Additionally, In conclusion, it is the Agency’s on November 5, 2001 to evaluate the on March 19, 1997, the Agency position, that only some hazard and exposure data for presented to the FIFRA Scientific chloroacetanilides, namely acetochlor, metolachlor and S-metolachlor, and Advisory Panel (SAP) a draft case study alachlor, and butachlor should be recommended that the FQPA Safety illustrating the application of the considered as a ‘‘Common Mechanism Common Mechanism Guidance to the Group’’ due to their ability to cause Factor for the protection of infants and grouping of chloroacetanilide pesticides nasal turbinate tumors. For purposes of children be reduced to 1x for the based on a common mechanism of a cumulative risk assessment as a part following reasons: (1) The toxicology toxicity. The SAP agreed with the of the tolerance reassessment process for database is complete for the FQPA Agency’s conclusion that there is acetochlor, alachlor, and butachlor, assessment; (2) there is no indication of sufficient evidence to support the these three pesticides will be considered quantitative or qualitative increased grouping of certain chloroacetanilides as a Common Mechanism Group. susceptibility of rats or rabbits to in that cause nasal turbinate tumors by a Following the initiation of a cumulative utero and/or postnatal exposure to common mechanism of toxicity. risk assessment, further analyses of new metolachlor in the available toxicity Upon consideration of the SAP or existing data may occur which could data; (3) a developmental neurotoxicity comments, EPA’s own reviews and the impact the Agency’s evaluation of study is not required for metolachlor; data underlying these reviews, as well specific members of this group or the and (4) the dietary (food and drinking as additional information received by group as a whole. water) and non-dietary exposure the Agency from registrants or presented (residential) assessments will not D. Safety Factor for Infants and in the open literature since the 1997 underestimate the potential exposures Children draft document, EPA has revised its for infants and children from the use of science document discussing the 1. In general. Section 408 of the metolachlor. potential grouping of chloroacetanilide FFDCA provides that EPA shall apply pesticides, or a subgroup of them, based an additional tenfold margin of safety E. Aggregate Risks and Determination of on a common mechanism of toxicity. for infants and children in the case of Safety In the revised document entitled ‘‘The threshold effects to account for prenatal Grouping of a Series of and postnatal toxicity and the 1. Acute risk. An acute aggregate risk Chloroacetanilide Pesticides Based on a completeness of the data base on assessment addresses potential exposure Common Mechanism of Toxicity,’’ EPA toxicity and exposure unless EPA from combined residues of metolachlor/ has concluded that only some of the determines that a different margin of S-metolachlor on food and in drinking pesticides that comprise the class of safety will be safe for infants and water (both surface and ground water). chloroacetanilides should be designated children. Margins of safety are Potential residential exposures are not as a ‘‘Common Mechanism Group’’ incorporated into EPA risk assessments incorporated into an acute aggregate risk based on the development of nasal either directly through use of a MOE assessment. As shown in Table 5 below, turbinate tumors by metabolism to a analysis or through using uncertainty the EECs are below the Agency’s back- highly, tissue reactive moiety, i.e., (safety) factors in calculating a dose calculated DWLOC values for the parent quinoneimine. Thus, only acetochlor, level that poses no appreciable risk to compound, the ESA degradate, and the alachlor, and butachlor should be humans. OA degradate. The combined value of grouped based on a common 2. Prenatal and postnatal sensitivity. the parent plus the degradates is also mechanism of toxicity for nasal Prenatal developmental studies in the below the acute DWLOC value. The turbinate tumors. Although metolachlor rat and rabbit revealed no evidence of a Agency concludes that acute aggregate does distribute to the nasal turbinates, qualitative or quantitative susceptibility risk estimates are not of concern for any and might produce a quinoneimine, it is in fetal animals. population subgroup.

TABLE 5.—ACUTE DWLOC CALCULATIONS FOR METOLACHLOR/S-METOLACHLOR

Surface Ground Population Subgroup aPAD (mg/ % aPAD Water EEC Water EEC Acute DWLOC (ppb) kg) (Food) (ppb)* (ppb)*

U.S. Population 3.0 1 200.9 103 1.0 x 105

Females 13–50 3.0 1 200.9 103 9.0 x 104

Children 1–6 3.0 1 200.9 103 3.0 x 104

Males 13–19 3.0 1 200.9 103 9.0 x 104 * Represents the combined value of parent plus the ESA and OA degradates.

2. Chronic risk. A chronic aggregate exposure from food, drinking water, and of exposure. For metolachlor and S- risk assessment considers chronic non-occupational (residential) pathways metolachlor, there are no chronic

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(greater than 180 days of exposure) non- below the Agency’s chronic DWLOC below the Agency’s chronic DWLOC occupational exposure scenarios. values for all population subgroups. The values for all population subgroups. The Therefore, the chronic aggregate risk combined value of the parent plus combined value of the parent plus assessment will consider exposure from degradates (103) is also below the degradates (92.2) is also below the food and drinking water only. The EECs chronic DWLOC value. The EECs for chronic DWLOC value. The Agency for ground water residues of the parent surface water residues of the parent concludes that chronic aggregate risks compound (5.5), the ESA degradate compound (4.3), the ESA degradate are not of concern. (65.8), and the OA degradate (31.7) are (22.8), and the OA degradate (65.1) are

TABLE 6.—AGGREGATE RISK ASSESSMENT FOR CHRONIC (NON-CANCER) EXPOSURE TO METOLACHLOR/S-METOLACHLOR

Surface Ground Chronic Population Subgroup cPAD mg/ % cPAD Water EEC Water EEC DWLOC kg/day (Food) (ppb)* (ppb)* (ppb)

U.S. Population 0.1 2 92.2 103 3442.50

Females 13–50 0.1 1 92.2 103 2962.11

Children 1–6 0.1 4 92.2 103 959.75

Males 13–19 0.1 2 92.2 103 2954.55 * Represents the combined value of parent plus the ESA and OA degradates.

3. Short-term risk. A short-term compound, the ESA degradate, and the aggregate MOE for food and residential aggregate risk assessment considers OA degradate are below the short-term which is 1,000 (1 ÷ (1 ÷ MOE food) + potential exposure from food, drinking S-metolachlor DWLOC value for the (1 ÷ MOE oral)); or allowable water water, and short-term, non-occupational population children (1 to 6 years old). exposure which is 0.45 mg/kg/day (1 ÷ (residential) pathways of exposure. For The combined value of the parent plus (1 ÷ Target Aggregate MOE) - (1 ÷ S-metolachlor, potential short-term, the degradates is also below the short- Aggregate MOE (food and residential)). non-occupational risk scenarios include term S-metolachlor DWLOC value. The The DWLOC is 4,000 ppb. The EEC for oral exposure of children to treated Agency concludes that short-term ground water is 103.3 ppb (parent 5.5, lawns. In this aggregate short-term risk aggregate risks from S-metolachlor are ESA metabolite 65.8 ppb and OA assessment, exposure from food, not of concern. The target MOE is 100, metabolite 32 ppb). The EEC for surface drinking water, and residential lawns based on the 100x uncertainty factor, water is 92.2 ppb (parent 4.3, ESA (S-metolachlor use only) has been and the 1x FQPA safety factor. This metabolite 22.8 ppb and OA metabolite considered. Since only children have MOE is not exceeded by the MOE for 65.1 ppb). the potential for non-occupational, food which is 1.6 X 104 (short-term oral For informational purposes, it is short-term risk, they are the only NOAEL (50 mg/kg/day)/chronic dietary noted that the EEC values for the parent population subgroup included below. exposure of children (0.003171 mg/kg/ compound, ESA degradate, and the OA Short-term DWLOC values have been day); MOE for oral which is 1,100 degradate are below the metolachlor calculated for S-metolachlor only, since (short-term oral NOAEL (50 mg/kg/day)/ short-term DWLOC value for children. Syngenta no longer holds any racemic combined hand-to-mouth, object-to- The combined value of the parent plus metolachlor residential end-use mouth, and soil ingestion oral exposure the degradates is also below the products. EECs for the parent (0.046 mg/kg/day S-metolachlor)); metolachlor short-term DWLOC value.

TABLE 7.—AGGREGATE RISK ASSESSMENT FOR SHORT-TERM EXPOSURE TO METOLACHLOR/S-METOLACHLOR

Aggregate Aggregate MOE (Food Level of Surface Ground Short-Term Population Subgroup + Concern Water EEC Water EEC DWLOC Residential) (LOC) (ppb) (ppb) (ppb)

Children 1 to 6 1,000 100 92.2 103.3 4,000

4. Intermediate-term risk. An 5. Aggregate cancer risk for U.S. reference dose for metolachlor. It is intermediate-term aggregate risk population. An aggregate cancer risk assumed that the chronic dietary assessment considers potential exposure assessment considers potential endpoint is protective for cancer dietary from food, drinking water, and non- carcinogenic exposure from food, exposure. Therefore, a separate cancer occupational (residential) pathways of drinking water, and non-occupational aggregate risk assessment was not exposure. However, for metolachlor/S- (residential) pathways of exposure. conducted, and cancer DWLOC values metolachlor, no intermediate-term non- However, as noted under Unit III.B., were not calculated. occupational exposure scenarios (greater Toxicological Endpoints, the NOAEL 6. Determination of safety. Based on than 30 days exposure) are expected to that was established based on tumors in these risk assessments, EPA concludes occur. Therefore, intermediate-term the rat (15 mg/kg/day, seen at the that there is a reasonable certainty that DWLOC values were not calculated and highest dose tested of 150 mg/kg/day) is no harm will result to the general an intermediate-term aggregate risk comparable to the NOAEL of 9.7 mg/kg/ population, and to infants and children assessment is not required. day selected for establishing the chronic

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from aggregate exposure to metolachlor/ 3.0 ppm, sugar beet tops at 15.0 ppm, Environmental Protection Agency, 1200 S-metolachlor residues. sunflower at 0.5 ppm, sunflower meal at Pennsylvania Ave., NW., Washington, 1.0 ppm, and tomato at 0.1 ppm. DC 20460–0001. You may also deliver IV. Other Considerations your request to the Office of the Hearing VI. Objections and Hearing Requests A. Analytical Enforcement Methodology Clerk in Rm.104, Crystal Mall #2, 1921 Under section 408(g) of the FFDCA, as The Pesticide Analytical Manual Jefferson Davis Hwy., Arlington, VA. amended by the FQPA, any person may (PAM) Vol. II, lists a gas The Office of the Hearing Clerk is open file an objection to any aspect of this chromatography/nitrogen phosphorous from 8 a.m. to 4 p.m., Monday through regulation and may also request a detection (GC/NPD) method (Method I) Friday, excluding legal holidays. The hearing on those objections. The EPA for determining residues in/on plants telephone number for the Office of the procedural regulations which govern the and a gas chromatography/mass Hearing Clerk is (703) 603–0061. submission of objections and requests spectrometry detection (MSD) method 2. Tolerance fee payment. If you file for hearings appear in 40 CFR part 178. (Method II) for determining residues in an objection or request a hearing, you Although the procedures in those livestock commodities. These methods must also pay the fee prescribed by 40 regulations require some modification to determine residues of metolachlor and CFR 180.33(i) or request a waiver of that reflect the amendments made to the its metabolites as either CGA–37913 or fee pursuant to 40 CFR 180.33(m). You FFDCA by the FQPA, EPA will continue CGA–49751 following acid hydrolysis. must mail the fee to: EPA Headquarters to use those procedures, with Residue data from the most recent field Accounting Operations Branch, Office appropriate adjustments, until the trials and processing studies were of Pesticide Programs, P.O. Box necessary modifications can be made. obtained using an adequate GC/NPD 360277M, Pittsburgh, PA 15251. Please The new section 408(g) of the FFDCA method (AG–612), which is a identify the fee submission by labeling provides essentially the same process modification of Method I. Adequate data it ‘‘Tolerance Petition Fees.’’ for persons to ‘‘object’’ to a regulation EPA is authorized to waive any fee are available on the recovery of for an exemption from the requirement requirement ‘‘when in the judgement of metolachlor through Multi-residue of a tolerance issued by EPA under new the Administrator such a waiver or Method Testing Protocols. The FDA section 408(d) of FFDCA, as was refund is equitable and not contrary to PESTDATA database indicates that provided in the old sections 408 and the purpose of this subsection.’’ For metolachlor is completely recovered 409 of the FFDCA. However, the period additional information regarding the through Method 302, PAM Vol. I (3rd for filing objections is now 60 days, waiver of these fees, you may contact ed., revised 10/97). rather than 30 days. James Tompkins by phone at (703) 305– B. International Residue Limits 5697, by e-mail at A. What Do I Need to Do to File an [email protected], or by mailing a No maximum residue limits (MRLs) Objection or Request a Hearing? for either metolachlor or S-metolachlor request for information to Mr. Tompkins You must file your objection or have been established or proposed by at Registration Division (7505C), Office request a hearing on this regulation in Codex, Canada, or Mexico for any of Pesticide Programs, Environmental agricultural commodity; therefore, no accordance with the instructions Protection Agency, 1200 Pennsylvania compatibility questions exist with provided in this unit and in 40 CFR part Ave., NW., Washington, DC 20460– respect to U. S. tolerances. 178. To ensure proper receipt by EPA, 0001. you must identify docket ID number If you would like to request a waiver C. Conditions OPP–2003–0046 in the subject line on of the tolerance objection fees, you must The need for a 28–day inhalation the first page of your submission. All mail your request for such a waiver to: study has been identified for both requests must be in writing, and must be James Hollins, Information Resources metolachlor and S-metolachlor. mailed or delivered to the Hearing Clerk and Services Division (7502C), Office of Submission of this study would allow on or before June 2, 2003. Pesticide Programs, Environmental the Agency to improve characterization 1. Filing the request. Your objection Protection Agency, 1200 Pennsylvania regarding the concern for toxicity via must specify the specific provisions in Ave., NW., Washington, DC 20460– the inhalation route of exposure the regulation that you object to, and the 0001. following application of metolachlor/S- grounds for the objections (40 CFR 3. Copies for the Docket. In addition metolachlor on multiple days in a 178.25). If a hearing is requested, the to filing an objection or hearing request commercial setting. objections must include a statement of with the Hearing Clerk as described in the factual issues(s) on which a hearing Unit VI.A., you should also send a copy V. Conclusion is requested, the requestor’s contentions of your request to the PIRIB for its Therefore, the tolerance is established on such issues, and a summary of any inclusion in the official record that is for combined residues or residues of S- evidence relied upon by the objector (40 described in Unit I.B.1. Mail your metolachlor Acetamid, 2-chloro-N-(2- CFR 178.27). Information submitted in copies, identified by docket ID number ethyl-6-methylphenyl)-N-(2-methoxy-1- connection with an objection or hearing OPP–2003–0046, to: Public Information methylethyl)-, (S) and its metabolites, request may be claimed confidential by and Records Integrity Branch, determined as the derivatives, 2-(2- marking any part or all of that Information Resources and Services ethyl-6-methylphenyl)amino-1-propanol information as CBI. Information so Division (7502C), Office of Pesticide and 4-(2-ethyl-6-methylphenyl)-2- marked will not be disclosed except in Programs, Environmental Protection hydroxy-5-methyl-3-morpholinone, accordance with procedures set forth in Agency, 1200 Pennsylvania Ave., NW., each expressed as the parent compound 40 CFR part 2. A copy of the Washington, DC 20460–0001. In person S-metolachlor in or on the raw information that does not contain CBI or by courier, bring a copy to the agricultural commodities each must be submitted for inclusion in the location of the PIRIB described in Unit expressed as the parent compound in or public record. Information not marked I.B.1. You may also send an electronic on the raw agricultural commodities confidential may be disclosed publicly copy of your request via e-mail to: opp- grass forage at 10.0 ppm, grass hay at by EPA without prior notice. [email protected]. Please use an ASCII 0.02 ppm, spinach at 0.5 ppm, sugar Mail your written request to: Office of file format and avoid the use of special beet at 0.5 ppm, sugar beet molasses at the Hearing Clerk (1900C), characters and any form of encryption.

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Copies of electronic objections and Transfer and Advancement Act of 1995 Government and Indian tribes, or on the hearing requests will also be accepted (NTTAA), Public Law 104–113, section distribution of power and on disks in WordPerfect 6.1/8.0 or 12(d) (15 U.S.C. 272 note). Since responsibilities between the Federal ASCII file format. Do not include any tolerances and exemptions that are Government and Indian tribes, as CBI in your electronic copy. You may established on the basis of a petition specified in Executive Order 13175. also submit an electronic copy of your under section 408(d) of the FFDCA, Thus, Executive Order 13175 does not request at many Federal Depository such as the tolerance in this final rule, apply to this rule. Libraries. do not require the issuance of a VIII. Congressional Review Act B. When Will the Agency Grant a proposed rule, the requirements of the The Congressional Review Act, 5 Request for a Hearing? Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) do not apply. In U.S.C. 801 et seq., as added by the Small A request for a hearing will be granted addition, the Agency has determined Business Regulatory Enforcement if the Administrator determines that the that this action will not have a Fairness Act of 1996, generally provides material submitted shows the following: substantial direct effect on States, on the that before a rule may take effect, the There is a genuine and substantial issue relationship between the national agency promulgating the rule must of fact; there is a reasonable possibility government and the States, or on the submit a rule report, which includes a that available evidence identified by the distribution of power and copy of the rule, to each House of the requestor would, if established resolve responsibilities among the various Congress and to the Comptroller General one or more of such issues in favor of levels of government, as specified in of the United States. EPA will submit a the requestor, taking into account report containing this rule and other uncontested claims or facts to the Executive Order 13132, entitled Federalism (64 FR 43255, August 10, required information to the U.S. Senate, contrary; and resolution of the factual the U.S. House of Representatives, and issues(s) in the manner sought by the 1999). Executive Order 13132 requires EPA to develop an accountable process the Comptroller General of the United requestor would be adequate to justify States prior to publication of this final the action requested (40 CFR 178.32). to ensure ‘‘meaningful and timely input by State and local officials in the rule in the Federal Register. This final VII. Regulatory and Executive Order development of regulatory policies that rule is not a ‘‘major rule’’ as defined by Reviews have federalism implications.’’ ‘‘Policies 5 U.S.C. 804(2). This final rule establishes a tolerance that have federalism implications’’ is List of Subjects in 40 CFR Part 180 under section 408(d) of the FFDCA in defined in the Executive order to Environmental protection, response to a petition submitted to the include regulations that have Administrative practice and procedure, Agency. The Office of Management and ‘‘substantial direct effects on the States, Agricultural commodities, Pesticides Budget (OMB) has exempted these types on the relationship between the national and pests, Reporting and recordkeeping of actions from review under Executive government and the States, or on the requirements. Order 12866, entitled Regulatory distribution of power and Planning and Review (58 FR 51735, responsibilities among the various Dated: March 25, 2003. October 4, 1993). Because this rule has levels of government.’’ This final rule Debra Edwards, been exempted from review under directly regulates growers, food Acting Director, Registration Division, Office Executive Order 12866 due to its lack of processors, food handlers and food of Pesticide Programs. significance, this rule is not subject to retailers, not States. This action does not ■ Therefore, 40 CFR chapter I is Executive Order 13211, Actions alter the relationships or distribution of amended as follows: Concerning Regulations That power and responsibilities established Significantly Affect Energy Supply, by Congress in the preemption PART 180—[AMENDED] Distribution, or Use (66 FR 28355, May provisions of section 408(n)(4) of the 22, 2001). This final rule does not FFDCA. For these same reasons, the ■ 1. The authority citation for part 180 contain any information collections Agency has determined that this rule continues to read as follows: subject to OMB approval under the does not have any ‘‘tribal implications’’ Authority: 21 U.S.C. 321(q), 346(a) and Paperwork Reduction Act (PRA), 44 as described in Executive Order 13175, 371. U.S.C. 3501 et seq., or impose any entitled Consultation and Coordination ■ 2. Section 180.368 is amended in para- enforceable duty or contain any with Indian Tribal Governments (65 FR graph (a) by designating the text fol- unfunded mandate as described under 67249, November 6, 2000). Executive lowing the paragraph heading ‘‘Gen- Title II of the Unfunded Mandates Order 13175, requires EPA to develop eral,’’ as paragraph (a)(1) and by adding Reform Act of 1995 (UMRA) (Public an accountable process to ensure new paragraph (a)(2) to read as follows: Law 104–4). Nor does it require any ‘‘meaningful and timely input by tribal special considerations under Executive officials in the development of § 180.368 Metholachlor; tolerances for Order 12898, entitled Federal Actions to regulatory policies that have tribal residues. Address Environmental Justice in implications.’’ ‘‘Policies that have tribal (a) General. (1) * * * Minority Populations and Low-Income implications’’ is defined in the (2) Tolerances are established for Populations (59 FR 7629, February 16, Executive order to include regulations combined residues of the herbicide S- 1994); or OMB review or any Agency that have ‘‘substantial direct effects on metolachlor acetamid, 2-chloro-N-(2- action under Executive Order 13045, one or more Indian tribes, on the ethyl-6-methylphenyl)-N-(2-methoxy-1- entitled Protection of Children from relationship between the Federal methylethyl)-, (S) and its metabolites, Environmental Health Risks and Safety Government and the Indian tribes, or on determined as the derivatives, 2-(2- Risks (62 FR 19885, April 23, 1997). the distribution of power and ethyl-6-methylphenyl)amino-1-propanol This action does not involve any responsibilities between the Federal and 4-(2-ethyl-6-methylphenyl)-2- technical standards that would require Government and Indian tribes.’’ This hydroxy-5-methyl-3-morpholinone, Agency consideration of voluntary rule will not have substantial direct each expressed as the parent compound consensus standards pursuant to section effects on tribal governments, on the S-metolachlor in or on the following 12(d) of the National Technology relationship between the Federal raw agricultural commodities:

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Parts per I. General Information To access the OPPTS Harmonized Commodity million Guidelines referenced in this document, A. Does this Action Apply to Me? go directly to the guidelines at http:// Beet, sugar, molasses ...... 2.0 You may be potentially affected by www.epa.gov/opptsfrs/home/ Beet, sugar, roots ...... 0.5 this action if you are an agricultural guidelin.htm. Beet, sugar, tops ...... 15.0 producer, food manufacturer, or An electronic version of the public Grass, forage ...... 10.0 pesticide manufacturer. Potentially Grass, hay ...... 0.2 docket is available through EPA’s Spinach ...... 0.5 affected entities may include, but are electronic public docket and comment not limited to: system, EPA Dockets. You may use EPA Sunflower, seed ...... 0.5 • Sunflower, meal ...... 1.0 Industry (NAICS 111), e.g., crop Dockets at http://www.epa.gov/edocket/ Tomato ...... 0.1 production to submit or view public comments, • Industry (NAICS 112), e.g., animal access the index listing of the contents * * * * * production of the official public docket, and to • [FR Doc. 03–7800 Filed 4–1–03; 8:45 am] Industry (NAICS 311), e.g., food access those documents in the public manufacturing docket that are available electronically. BILLING CODE 6560–50–S • Industry (NAICS 32532, e.g., Once in the system, select ‘‘search’’ then pesticide manufacturing key in the appropriate docket ID ENVIRONMENTAL PROTECTION This listing is not intended to be number. AGENCY exhaustive, but rather provides a guide for readers regarding entities likely to be II. Background and Statutory Findings 40 CFR Part 180 affected by this action. Other types of In the Federal Register of December entities not listed in this unit could also 31, 2001 (66 FR 67522) (FRL–6813–8), be affected. The North American [OPP–2002–0328; FRL–7286–9] EPA issued a notice pursuant to section Industrial Classification System 408 of the FFDCA, 21 U.S.C. 346a(e), as Bacillus pumilus GB 34; Exemption (NAICS) codes have been provided to amended by FQPA (Public Law 104– from the Requirement of a Tolerance assist you and others in determining 170), announcing the filing of a whether this action might apply to pesticide tolerance petition (PP 1F6344) AGENCY: Environmental Protection certain entities. If you have any by Gustafson LLC, 1400 Preston Road, Agency (EPA). questions regarding the applicability of Suite 400, Plano, TX 75093. This notice this action to a particular entity, consult included a summary of the petition ACTION: Final rule. the person listed under FOR FURTHER prepared by the petitioner Gustafson INFORMATION CONTACT. LLC. There were no comments received SUMMARY: This regulation establishes an in response to the notice of filing. B. How Can I Get Copies of This exemption from the requirement of a The petition requested that 40 CFR Document and Other Related tolerance for residues of the Bacillus part 180 be amended by establishing an Information? pumilus GB 34 when used as a seed exemption from the requirement of a treatment in or on soybeans and 1. Docket. EPA has established an tolerance for residues of B. Pumilus GB soybeans after harvest. Gustafson LLC official public docket for this action 34. submitted a petition to EPA under the under docket identification (ID) number Federal Food, Drug, and Cosmetic Act OPP–2002–0328. The official public III. Risk Assessment (FFDCA), as amended by the Food docket consists of the documents Section 408(c)(2)(A)(i) of the FFDCA Quality Protection Act of 1996 (FQPA), specifically referenced in this action, allows EPA to establish an exemption requesting an exemption from the any public comments received, and from the requirement for a tolerance (the requirement of a tolerance. This other information related to this action. legal limit for a pesticide chemical regulation eliminates the need to Although a part of the official docket, residue in or on a food) only if EPA establish a maximum permissible level the public docket does not include determines that the tolerance is ‘‘safe.’’ for residues of Bacillus pumilus GB 34. Confidential Business Information (CBI) Section 408(c)(2)(A)(ii) of the FFDCA DATES: This regulation is effective April or other information whose disclosure is defines ‘‘safe’’ to mean that ‘‘there is a 2, 2003. Objections and requests for restricted by statute. The official public reasonable certainty that no harm will hearings, identified by docket ID docket is the collection of materials that result from aggregate exposure to the number OPP–2002–0328, must be is available for public viewing at the pesticide chemical residue, including received on or before June 2, 2003. Public Information and Records all anticipated dietary exposures and all Integrity Branch (PIRIB), Rm. 119, other exposures for which there is ADDRESSES: Written objections and Crystal Mall #2, 1921 Jefferson Davis reliable information.’’ This includes hearing requests may be submitted Hwy., Arlington, VA. This docket exposure through drinking water and in electronically, by mail, or through hand facility is open from 8:30 a.m. to 4 p.m., residential settings, but does not include delivery/courier. Follow the detailed Monday through Friday, excluding legal occupational exposure. Section instructions as provided in Unit IX. of holidays. The docket telephone number 408(b)(2)(C) of the FFDCA requires EPA the SUPPLEMENTARY INFORMATION. is (703) 305–5805. to give special consideration to FOR FURTHER INFORMATION CONTACT: 2. Electronic access. You may access exposure of infants and children to the Anne Ball, Biopesticides and Pollution this Federal Register document pesticide chemical residue in Prevention Division (7511C), electronically through the EPA Internet establishing a tolerance and to ‘‘ensure Environmental Protection Agency, 1200 under the ‘‘Federal Register’’ listings at that there is a reasonable certainty that Pennsylvania Ave., NW., Washington, http://www.epa.gov/fedrgstr/. A no harm will result to infants and DC 20460–0001; telephone number: frequently updated electronic version of children from aggregate exposure to the (703) 308–8717; e-mail address: 40 CFR part 180 is available at http:// pesticide chemical residue....’’ [email protected]. www.access.gpo.gov/nara/cfr/ Additionally, section 408(b)(2)(D) of the cfrhtml_00/Title_40/40cfr180_00.html, a FFDCA requires that the Agency SUPPLEMENTARY INFORMATION: beta site currently under development. consider ‘‘available information’’

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concerning the cumulative effects of a OPP 152.30; Master record general population in a seed treatment particular pesticide’s residues and identification number (MRID) 452940– use of the microbial pesticide. ‘‘other substances that have a common 01). Five male and five female young 3. Acute inhalation toxicity—GB 34 mechanism of toxicity.’’ adult Sprague-Dawley rats each received Concentrate and GB 34 Technical. EPA performs a number of analyses to a single 5,000 milligrams/kilogram (mg/ ((OPPTS 870.1300 and OPPTS 885. 3150 determine the risks from aggregate kg) gavage dose of GB 34 Concentrate, (Acute pulmonary toxicity/ exposure to pesticide residues. First, previously diluted to a 40% weight/ Pathogenicity); OPP 152.32; waiver EPA determines the toxicity of weight (w/w) solution with distilled request, no MRID)). A waiver was pesticides. Second, EPA examines water at a dosing volume of 1 milliliter requested and granted for a seed exposure to the pesticide through food, (mL)/100 grams (g). The rats were treatment use. The use of GB 34 is to be drinking water, and through other observed for morbidity, moribundity, limited to that of a seed treatment which exposures that occur as a result of and behavioral changes 1 and 3 hours is to take place in a commercial seed pesticide use in residential settings. after dosing and at least daily thereafter treatment facility in which there is no potential inhalation exposure to the IV. Toxicological Profile for 14 days. They were weighed on days 0, 7, and 14. At the end of the study, the general population. The rate of Consistent with section 408(b)(2)(D) rats were euthanized by CO2 inhalation application of the pesticide is 0.1 oz. per of the FFDCA, EPA has reviewed the and necropsied. No morbidity, 100 lbs. of seed. The habit of the available scientific data and other moribundity, or effects on body weight bacterium is to gravitate to the root relevant information in support of this were found following treatment of rats system of the developing plant. For a action and considered its validity, with 5,000 mg/kg test material. seed treatment use of GB 34 there will completeness, and reliability and the Therefore, the Sprague Dawley rat oral most likely be a negligible, if any relationship of this information to lethal dose (LD) of GB 34 Concentrate inhalation exposure. human risk. EPA has also considered 50 for male, female, and male and female 4. Acute oral toxicity/Pathgenicity— available information concerning the combined is >5,000 mg/kg, placing the GB 34 Technical and GB 34 variability of the sensitivities of major test material in Toxicity Category IV. Concentrate. (OPPTS 885.3050). A identifiable subgroups of consumers, waiver was requested and granted for a ii. Acute oral toxicity—GB 34 including infants and children. seed treatment use. The rationales such Technical. (OPPTS 870.1100; OPP The Bacillus pumilus species was first as are the minimal increase of human 152.30; MRID 454335–01 corrected as described by Meyer and Gottheil in oral exposure expected due to the low MRID 457225–01). Five male and five 1901. This naturally occurring species is rate of application (0.1 oz. per 100 lbs. female Sprague-Dawley rats each one of the most numerous Bacillus sp. of seed), the minimal exposure to the found on plant surfaces. The strain received a single 5,000 mg/kg gavage general population since the seed Bacillus pumilus GB 34 is a naturally dose of the GB 34 Technical, previously treatment will take place in a occurring soil colonizer. The mode of diluted to a 40% w/w solution with commercial seed treating facility with action of the strain, an anti fungal agent, distilled water, at a dosing volume of 1 mechanical treating equipment, and the is to colonize the developing root mL/100 g. The rats were observed for results of the toxicity tests submitted to system of the plant it is to protect, in morbidity, moribundity, and behavioral date (see item 1.ii.) which do not this case the developing root system of changes 1 and 3 hours after dosing and indicate that this strain is toxic or the soybean plant. The organism at least daily thereafter for 14 days. infective. Moreover the results would Bacillus pumilus GB 34 then suppresses They were weighed on days 0, 7, and suggest that the GB 34 strain does not by competition, by the formation of a 14. At the end of the study, the rats were express the 6,500 molecular weight physical barrier, the continued euthanized by CO2 inhalation and toxin discussed in two papers. See item formation of spores of the fungal necropsied. No morbidity, moribundity, 7 below. In addition, the habit of the diseases such as Rhizoctonia and or effects on body weight were found bacterium to gravitate to the root system Fusarium. Subsequently GB 34 following treatment of rats with 5,000 of the developing plant makes it colonizes the remaining fungal disease mg/kg test material. Therefore, the unlikely that any would be present in spores themselves, thereby destroying Sprague Dawley rat oral LD 50 of GB 34 the above ground parts of the mature Technical for male, female, and male plant, thus minimizingthe potential for them. On the basis of Acute injection > toxicity/Pathogenicity tests on rats, and female combined is 5000 mg/kg, oral exposure for humans. Bacillus pumilus GB 34 does not appear placing the test material in Toxicity 5. Primary eye irritation—i. GB 34 to be toxic, infective, and/or pathogenic Category IV. Concentrate. ((Submitted to determine in those mammals. 2. Acute dermal toxicity—GB 34 the adequacy of data to support an EUP, Toxicity studies submitted in support Concentrate and GB 34 Technical. GB 34 Concentrate, and here, bridged to of this tolerance petition are ((OPPTS 870.1200 and OPPTS 885. 3100 support a section 3 registration of the summarized below. More detailed (Acute dermal toxicity/ Pathogenicity); microbial product) (OPPTS 870.2400; analyses of these studies may be found OPP 152.31; waiver request, no MRID)). OPP 152.35; MRID 452940–02)). Three in the specific Agency reviews of the A waiver was requested and granted for male and three female young adult New studies. Waivers requested and granted a seed treatment use. The rationale for Zealand white rabbits were used in the are, as well, noted. the waiver is that the rate of application experiment. Prior to test material Toxicity studies relating to the GB 34 of the product is 0.1 ounce (oz.) per 100 instillation, both eyes were treated with Concentrate (End Use Product) and GB pounds (lbs.) of seed. The seed 2% fluorescein and examined under 34 Technical (Technical Grade Active treatment is to take place in a ultraviolet (UV) light for ocular Ingredient) are as follows: commercial seed treatment facility in abnormalities. The test material, 0.1 mL 1. Acute oral toxicity—i. GB 34 which there is no exposure to the (equivalent to 0.05–0.07 g), was instilled Concentrate. (Submitted to determine general population. After germination of into the everted lower lid of the right the adequacy of data to support an EUP, the treated seed, the habit of the eye and the upper and lower lids held GB 34 Concentrate, and here, bridged to bacterium is to inhabit the root system closed for 1 second. The contralateral support a section 3 registration of the of the plant. There is expected to be eye served as control. The eyes were microbial product) (OPPTS 870.1100; minimal, if any, dermal exposure for the examined and scored acording to the

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Draize method 1, 24, 48 and 72 hours rabbit and is placed in Toxicity Category A hypersensitivity study, or dermal after test material instillation. The 24 IV. sensitization study (OPP 152.36) is not hour examination also included a ii. Primary dermal irritation—GB 34 required for registration of this product fluorescein staining examination for Technical. (OPPTS 870.2500; OPP since the routes of use will not result corneal effects. All rabbits survived the 152.34; MRID 454335–03 corrected as ‘‘in repeated human contact by study. All rabbits developed slight MRID 457225–03). Three male and three inhalation or dermal routes’’ as conjunctival irritation that cleared female New Zealand albino rabbits were specified in footnote iii of the table in within 48 hours of treatment. No prepared by clipping the dorsal area and 40 CFR 158.740(c). Use of the product corneal opacity or iritis were noted. GB the trunk. Only healthy animals without is limited to that of a seed treatment 34 Concentrate was minimally irritating preexisting skin irritation had been which takes place in a commercial to the eye and is placed in Toxicity selected for the test. The test substance facility using mechanical seed treatment Category IV. in the amount of 0.5 g was placed on a equipment. ii. Primary eye irritation—GB 34 1 inch x 1 inch, 4-ply gauze pad which An Immune response study is not Technical. (OPPTS 870.2400; OPP was applied and secured on each rabbit. required for registration of this product 152.35; MRID 454335–02, corrected as After 4 hours exposure to the test because the Acute I.V., I. C., or I. P. 457225–02). Three male and three substance, the pads were removed and Injection toxicity/Pathogenicity study, female young adult New Zealand white the test sites gently wiped with water (OPPTS guideline 885.3200/OPP rabbits were, prior to test, treated in and towel to remove any residual test 153.33) submitted to determine the both eyes with 2% fluorescein and then substance. Individual dose sites were adequacy of data to support an EUP for examined under UV light for ocular scored according to the Draize scoring GB 34, and here bridged support a abnormalities. The test material, in the system at approximately 1, 24, 48 and section 3 registration of the microbial amount of 0.1 mL, was instilled into the 72 hours after patch removal. The product, serves to address the endpoint everted lower lid of the right eye and animals were observed for signs of gross of immune response. This injection the upper and lower lids were held toxicity and behavioral changes at least study examines the normal functioning closed for 1 second. The contralateral once daily during the test period. All of the immune system when faced with eye served as control. The eyes were animals appeared active and healthy. the potentially most challenging examined and scored according to the There were no signs of gross toxicity, exposure to this microbial pesticide Draize method 1, 24, 48 and 72 hours adverse pharmacologic effects or active ingredient: Direct injection into after test material instillation. The 24 abnormal behavior. No dermal irritation the bloodstream. If the test animal is hour examination also included a was noted at any test site during the able to withstand and survive the fluorescein staining examination for study. Under the conditions of the introduction of such a large number of corneal effects. All rabbits developed study, the GB 34 Technical is classified microbes, bypassing the normal moderate conjunctival irritation that as non-irritating to the skin and placed protective barriers of the skin, the cleared up within 72 hours of treatment. in Toxicity Category IV. pulmonary macrophages and the No corneal opacity or iritis or non- 7. Acute injection toxicity/ gastrointestinal lymphoid tissues, then ocular effects were noted. The GB Pathogenicity—GB 34 Technical. the immune system is functioning technical test substance was mildly (Submitted to determine the adequacy normally. The normal functioning of the irritating to the eye and is placed in of data to support an EUP for GB 34, and immune system implies that it can Toxicity Category III. here, bridged to support a section 3 recognize the introduced microbes as 6. Primary dermal irritation—i. GB 34 registration of the microbial product) foreign and can clear them from the Concentrate. (Submitted to determine (OPPTS 885.3200; OPP 152.33; MRID blood and other exposed organs. After the adequacy of data to support an EUP 453416–01). A total of 39 male and 39 the active ingredient, Bacillus pumilus for GB 34 Concentrate, and here, female rats were used in the tests. The GB 34 was intravenously injected into bridged to support a section 3 results showed: the test animals (rats), no deaths, registration of the microbial product) i. Mortality. No deaths were observed adverse clinical signs or significant (OPPTS 870.2500; OPP 152.34; MRID in any of the dosed or control groups findings upon necropsy were seen 35 452940–03). Three male and three prior to scheduled sacrifice. days after the injection. (See item 7). female young adult New Zealand white ii. Body and organ weights. Overall, The requirement for Tier II and Tier rabbits were received for the study. The both male and female rats gained weight III data was not triggered because of the fur on the dorso-lumbar area of each for the duration of the study, results of Tier I data which had been rabbit was clipped. The rabbits were demonstrating the continued health of submitted or waived. given a single 0.5 g dose of test material the animals. applied under a under a 1 inch x 1 inch iii. Clinical Observation. Overall, both V. Aggregate Exposures 4-ply gauze pad on a 6 cm2 clipped site. male and female rats showed no Section 408(b)(2)(D)(vi) of the FFDCA The gauze pad is then secured and abnormal clinical signs. directs EPA to consider available Elizabethan collars were placed on the iv. Gross necropsy. No significant information concerning aggregate animals. Four hours later these were signs of abnormalities were seen except exposures to consumers (and major removed and the sites wiped with a for a laceration on the left shoulder of identifiable subgroups of consumers) moistened towel. The application sites a test substance treated male rat. An from the pesticide residue in food and were observed for dermal irritation 1, enlarged spleen was seen in one test all other non-occupational exposures, 24, 48, and 72 hours after patch substance treated male rat on day including drinking water from ground removal. In addition the rabbits were The conclusion in the Data Evaluation water or surface water and exposure observed at least daily for clinical signs report was that Bacillus pumilus GB 34 through pesticide use in gardens, lawns, of toxicity during the 72–hour study does not appear to be toxic, infective, or buildings (residential and other period. All rabbits survived the study. and/or pathogenic in rats, when dosed indoor uses). No dermal irritation was observed on at 1 x 107 cfu/animal. This test supports any rabbit at any site. Based on the the requirements for both the TGAI (the A. Dietary Exposure study GB 34 Concentrate is non- technical) and the end use product (the Bacillus pumilus GB 34 is a naturally irritating to the New Zealand white concentrate). occurring soil microorganism which

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inhabits the root system of plants and VI. Cumulative Effects an effect that is cummulative to an effect acts as an antifungal agent. Review of Section 408(b)(2)(D)(v) of the FFDCA of a pesticide chemical) ‘‘may have an the available toxicology data submitted requires the Agency to considered the effect in humans that is similar to an in support of registration indicate that it cumulative effect of exposure to B. effect produced by a naturally occurring is non-toxic and non-pathogenic to pumilus GB 34 and to other substances estrogen, or such other endocrine effects animals and humans. In its proposed that have a common mechanism of effect as the Administrator may use as a soybean seed treatment, it is not toxicity. These considerations include designate.’’ Following the foreseen to contribute any or more than the possible cumulative effects of such recommendations of its Endocrine a negligible amount of dietary exposure. residues on infants and children. B. Disruptor Screening and Testing Advisory Committee (EDSTAC), EPA 1. Food. The product is used only as pumilus does not appear to be toxic or determined that there was a scientific a seed treatment and the organism pathogenic to humans. Thus, there is no basis for including, as part of the inhabits the roots of the plants, in this indication that the bacteria we consider here share any common mechanisms of program, the androgen-and thyroid case the soybean plant roots. The use of hormone systems, in addition to the products which contain B. pumilus GB toxicity (metabolic mechanisms) with other substances. estrogen hormone system. EPA also 34 is not anticipated to result in more adopted EDSTAC’s recommendation than negligible, if any, any dietary VII. Determination of Safety for U.S. that the Program include evaluations of exposure from food for humans. To date Population, Infants and Children potential effects in wildlife. For there have been no reports of any There is reasonable certainty that no pesticide chemicals EPA will use FIFRA hypersensitivity incidents or reports of harm will result from aggregate and, to the extent that effects in wildlife any known adverse reactions in humans exposures to residues of B. pumilus GB may help determine whether a resulting from exposure to B. pumilus 34, in its use as a seed treatment, to the substance may have an effect in GB 34. U. S. population, including infants and humans, FFDCA authority to require the 2. Drinking water exposure. There is children. This includes all anticipated wildlife evaluations. As the science expected to be only insignificant or dietary exposures and all other develops and resources allow, screening minimal human exposure to the exposures for which there is reliable of additional hormone systems may be organism in drinking water from its use information. As discussed previously, added to the Endocrine Disruptor in the treatment of seeds, its only use there is probably no potential for harm, Screening Program (EDSP). proposed. The treatment of seeds is from this bacterium in its use as a seed When the appropriate screening and/ expected to take place in a commercial treatment via dietary exposure since the or testing protocols being considered seed treatment facility. The farmer then organism is non-toxic and non- under the Agency’s Endocrine Disruptor plants the seeds in the soil. Since the pathogenic to animals and humans. The Screening Program have been organism is non-toxic and non- Agency has arrived at this conclusion determined, B. pumilus GB 34 may be pathogenic to humans, even if small based on the very low levels of subjected to additional screening and/or amounts would seep into the ground mammalian toxicity (no toxicity at the testing to better characterize any effects water, there is expected to be no adverse maximum doses tested, Toxicity related to endocrine disruption. Based effect on humans. Categories III and IV). Moreover no on the weight of the evidence of inhalation or dermal exposure is available data, no endocrine system- B. Other Non-Occupational Exposure expected. FFDCA section 408(b)(2)(C) related effects have been identified for The possibility for non-dietary provides that EPA shall apply an B. pumilus GB 34. exposure to residues of this B. pumilus additional ten-fold margin of exposure B. Analytical Method(s) (safety) for infants and children in the pesticide for the general population, The Agency proposes to establish an including infants and children, is case of threshold effects to account for prenatal and postnatal toxicity and the exemption from the requirement of a unlikely because the only proposed use tolerance without any numerical site is in an agricultural setting, as a completeness of the data base unless EPA determines that a different margin limitation. Accordingly, the Agency has treatment on soybean seeds. Since the concluded that analytical methods are seed treatment is to take place in a of exposure (safety) will be safe for infants and children. Margins of not needed for enforcement purposes commercial seed treating facility where related to B. pumilus GB 34. mechanical treating equipment is used, exposure (safety) are often referred to as it is not expected that dermal or uncertainty (safety) factors. In this C. Codex Maximum Residue Level instance, based on all the available inhalation exposure to residues will There are no Codex Maximum information, the Agency concludes that occur in the general population, Residue Levels nor any tolerances or the bacterium, B. pumilus GB34, is non- including infants and children. Bacillus exemptions issued for B. pumilus GB 34 toxic to mammals, including infants and pumilus GB 34 is a ubiqutous bacterium outside the United States. commonly found in soil, water, air and children. Because there are no threshold decomposing plant tissue and which effects of concern, the provision IX. Objections and Hearing Requests acts as an antifungal agent. The bacteria requiring an additional margin of safety Under section 408(g) of the FFDCA, as typically occur at 106 to 107 colony does not apply. As a result, EPA has not amended by the FQPA, any person may forming units (CFU’s) per gram of soil. used a margin of exposure (safety) file an objection to any aspect of this It is not known to be pathogenic or toxic approach to assess the safety of B. regulation and may also request a to any animal or plant species. The pumilus GB 34. hearing on those objections. The EPA added soil density from the proposed VIII. Other Considerations procedural regulations which govern the seed treatment use rates represents a submission of objections and requests very small proportion of the naturally A. Endocrine Disruptors for hearings appear in 40 CFR part 178. occurring bacilli in the soil and EPA is required under FFDCA section Although the procedures in those therefore is not expected to add 408(p) to develop a screening process to regulations require some modification to substantially to the effects of the determine whether pesticide chemicals reflect the amendments made to the naturally occurring Bacillus. (and any other substance that may have FFDCA by the FQPA, EPA will continue

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to use those procedures, with Accounting Operations Branch, Office requestor would, if established resolve appropriate adjustments, until the of Pesticide Programs, P.O. Box one or more of such issues in favor of necessary modifications can be made. 360277M, Pittsburgh, PA 15251. Please the requestor, taking into account The new section 408(g) of the FFDCA identify the fee submission by labeling uncontested claims or facts to the provides essentially the same process it ‘‘Tolerance Petition Fees.’’ contrary; and resolution of the factual for persons to ‘‘object’’ to a regulation EPA is authorized to waive any fee issues(s) in the manner sought by the for an exemption from the requirement requirement ‘‘when in the judgment of requestor would be adequate to justify of a tolerance issued by EPA under new the Administrator such a waiver or the action requested (40 CFR 178.32). section 408(d) of the FFDCA, as was refund is equitable and not contrary to X. Statutory and Executive Order provided in the old sections 408 and the purpose of FFDCA section 408(m).’’ Reviews 409 of the FFDCA. However, the period For additional information regarding the for filing objections is now 60 days, waiver of these fees, you may contact This final rule establishes an rather than 30 days. James Tompkins by phone at (703) 305– exemption from the tolerance 5697, by e-mail at requirement under section 408(d) of the A. What Do I Need to Do to File an [email protected], or by mailing a FFDCA in response to a petition Objection or Request a Hearing? request for information to Mr. Tompkins submitted to the Agency. The Office of You must file your objection or at Registration Division (7505C), Office Management and Budget (OMB) has request a hearing on this regulation in of Pesticide Programs, Environmental exempted these types of actions from accordance with the instructions Protection Agency, 1200 Pennsylvania review under Executive Order 12866, provided in this unit and in 40 CFR part Ave., NW., Washington, DC 20460– entitled Regulatory Planning and 178. To ensure proper receipt by EPA, 0001. Review (58 FR 51735, October 4, 1993). you must identify docket ID number If you would like to request a waiver Because this rule has been exempted OPP–2002–0328 in the subject line on of the tolerance objection fees, you must from review under Executive Order the first page of your submission. All mail your request for such a waiver to: 12866 due to its lack of significance, requests must be in writing, and must be James Hollins, Information Resources this rule is not subject to Executive mailed or delivered to the Hearing Clerk and Services Division (7502C), Office of Order 13211, Actions Concerning on or before June 2, 2003. Pesticide Programs, Environmental Regulations That Significantly Affect 1. Filing the request. Your objection Protection Agency, 1200 Pennsylvania Energy Supply, Distribution, or Use (66 must specify the specific provisions in Ave., NW., Washington, DC 20460– FR 28355, May 22, 2001). This final rule the regulation that you object to, and the 0001. does not contain any information grounds for the objections (40 CFR 3. Copies for the Docket. In addition collections subject to OMB approval 178.25). If a hearing is requested, the to filing an objection or hearing request under the Paperwork Reduction Act objections must include a statement of with the Hearing Clerk as described in (PRA), 44 U.S.C. 3501 et seq., or impose the factual issues(s) on which a hearing Unit IX.A., you should also send a copy any enforceable duty or contain any is requested, the requestor’s contentions of your request to the PIRIB for its unfunded mandate as described under on such issues, and a summary of any inclusion in the official record that is Title II of the Unfunded Mandates evidence relied upon by the objector (40 described in Unit I.B.1. Mail your Reform Act of 1995 (UMRA) (Public CFR 178.27). Information submitted in copies, identified by docket ID number Law 104–4). Nor does it require any connection with an objection or hearing OPP–2002–0328, to: Public Information special considerations under Executive request may be claimed confidential by and Records Integrity Branch, Order 12898, entitled Federal Actions to marking any part or all of that Information Resources and Services Address Environmental Justice in information as CBI. Information so Division (7502C), Office of Pesticide Minority Populations and Low-Income marked will not be disclosed except in Programs, Environmental Protection Populations (59 FR 7629, February 16, accordance with procedures set forth in Agency, 1200 Pennsylvania Ave., NW., 1994); or OMB review or any Agency 40 CFR part 2. A copy of the Washington, DC 20460–0001. In person action under Executive Order 13045, information that does not contain CBI or by courier, bring a copy to the entitled Protection of Children from must be submitted for inclusion in the location of the PIRIB described in Unit Environmental Health Risks and Safety public record. Information not marked I.B.1. You may also send an electronic Risks (62 FR 19885, April 23, 1997). confidential may be disclosed publicly copy of your request via e-mail to: opp- This action does not involve any by EPA without prior notice. [email protected]. Please use an ASCII technical standards that would require Mail your written request to: Office of file format and avoid the use of special Agency consideration of voluntary the Hearing Clerk (1900C), characters and any form of encryption. consensus standards pursuant to section Environmental Protection Agency, 1200 Copies of electronic objections and 12(d) of the National Technology Pennsylvania Ave., NW., Washington, hearing requests will also be accepted Transfer and Advancement Act of 1995 DC 20460–0001. You may also deliver on disks in WordPerfect 6.1/8.0 or (NTTAA), Public Law 104–113, section your request to the Office of the Hearing ASCII file format. Do not include any 12(d) (15 U.S.C. 272 note). Since Clerk in Rm.104, Crystal Mall #2, 1921 CBI in your electronic copy. You may tolerances and exemptions that are Jefferson Davis Hwy., Arlington, VA. also submit an electronic copy of your established on the basis of a petition The Office of the Hearing Clerk is open request at many Federal Depository under section 408(d) of the FFDCA, from 8 a.m. to 4 p.m., Monday through Libraries. such as the exemption in this final rule, Friday, excluding legal holidays. The do not require the issuance of a telephone number for the Office of the B. When Will the Agency Grant a proposed rule, the requirements of the Hearing Clerk is (703) 603–0061. Request for a Hearing? Regulatory Flexibility Act (RFA) (5 2. Tolerance fee payment. If you file A request for a hearing will be granted U.S.C. 601 et seq.) do not apply. In an objection or request a hearing, you if the Administrator determines that the addition, the Agency has determined must also pay the fee prescribed by 40 material submitted shows the following: that this action will not have a CFR 180.33(i) or request a waiver of that There is a genuine and substantial issue substantial direct effect on States, on the fee pursuant to 40 CFR 180.33(m). You of fact; there is a reasonable possibility relationship between the national must mail the fee to: EPA Headquarters that available evidence identified by the government and the States, or on the

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distribution of power and Congress and to the Comptroller General Cosmetic Act (FFDCA), as amended by responsibilities among the various of the United States. EPA will submit a the Food Quality Protection Act of 1996 levels of government, as specified in report containing this rule and other (FQPA) requesting the revisions to the Executive Order 13132, entitled required information to the U.S. Senate, existing exemption from the Federalism (64 FR 43255, August 10, the U.S. House of Representatives, and requirement of a tolerance. This 1999). Executive Order 13132 requires the Comptroller General of the United regulation eliminates the need to EPA to develop an accountable process States prior to publication of this final establish a maximum permissible level to ensure ‘‘meaningful and timely input rule in the Federal Register. This final for residues of modified acrylic by State and local officials in the rule is not a ‘‘major rule’’ as defined by polymers. development of regulatory policies that 5 U.S.C. 804(2). DATES: This regulation is effective April have federalism implications.’’ ‘‘Policies 2, 2003. Objections and requests for that have federalism implications’’ is List of Subjects in 40 CFR Part 180 hearings, identified by docket ID defined in the Executive Order to Environmental protection, number OPP–2003–0079, must be include regulations that have Administrative practice and procedure, received on or before June 2, 2003. ‘‘substantial direct effects on the States, Agricultural commodities, Pesticides on the relationship between the national and pests, Reporting and recordkeeping ADDRESSES: Written objections and government and the States, or on the requirements. hearing requests may be submitted distribution of power and electronically, by mail, or through hand Dated: March 12, 2003. delivery/courier. Follow the detailed responsibilities among the various James Jones, levels of government.’’ This final rule instructions as provided in Unit XI. of directly regulates growers, food Acting Director, Office of Pesticide Programs. the SUPPLEMENTARY INFORMATION. processors, food handlers, and food ■ Therefore, 40 CFR chapter I is FOR FURTHER INFORMATION CONTACT: retailers, not States. This action does not amended as follows: Treva Alston, Registration Division alter the relationships or distribution of (7505C), Office of Pesticide Programs, power and responsibilities established PART 180—[AMENDED] Environmental Protection Agency, 1200 by Congress in the preemption ■ 1. The authority citation for part 180 Pennsylvania Ave., NW., Washington, provisions of section 408(n)(4) of the continues to read as follows: DC 20460–0001; telephone number: FFDCA. For these same reasons, the (703) 308–8373; e-mail address: Authority: 21 U.S.C. 321(q), 346(a) and Agency has determined that this rule 371. [email protected]. does not have any ‘‘tribal implications’’ ■ 2. Section 180.1224 is added to subpart SUPPLEMENTARY INFORMATION: as described in Executive Order 13175, D to read as follows: entitled Consultation and Coordination I. General Information with Indian Tribal Governments (65 FR § 180.1224 Bacillus pumilus GB 34; A. Does this Action Apply to Me? 67249, November 6, 2000). Executive exemption from the requirement of a Order 13175, requires EPA to develop tolerance. You may be potentially affected by an accountable process to ensure An exemption from the requirement this action if you are an agricultural ‘‘meaningful and timely input by tribal of a tolerance is established for residues producer, food manufacturer, or officials in the development of of the microbial pesticide Bacillus pesticide manufacturer. Potentially regulatory policies that have tribal pumilus GB 34 when used as a seed affected entities may include, but are implications.’’ ‘‘Policies that have tribal not limited to: treatment in or on soybeans and • implications’’ is defined in the soybeans after harvest. Crop production (NAICS code 111) • Animal production (NAICS code Executive Order to include regulations [FR Doc. 03–7638 Filed 4–1–03; 8:45 am] 112) that have ‘‘substantial direct effects on BILLING CODE 6560–50–S one or more Indian tribes, on the • Food manufacturing (NAICS code relationship between the Federal 311) • Government and the Indian tribes, or on ENVIRONMENTAL PROTECTION Pesticide manufacturing (NAICS the distribution of power and AGENCY code 25532) responsibilities between the Federal This listing is not intended to be Government and Indian tribes.’’ This 40 CFR Part 180 exhaustive, but rather provides a guide rule will not have substantial direct for readers regarding entities likely to be [OPP–2003–0079; FRL–7297–8] effects on tribal governments, on the affected by this action. Other types of entities not listed in this unit could also relationship between the Federal Modified Acrylic Polymers; Revision of be affected. The North American Government and Indian tribes, or on the Tolerance Exemption distribution of power and Industrial Classification System responsibilities between the Federal AGENCY: Environmental Protection (NAICS) codes have been provided to government and Indian tribes, as Agency (EPA). assist you and others in determining specified in Executive Order 13175. ACTION: Final rule. whether this action might apply to Thus, Executive Order 13175 does not certain entities. If you have any apply to this rule. SUMMARY: This regulation revises an questions regarding the applicability of existing exemption from the this action to a particular entity, consult XI. Congressonial Review Act requirement of a tolerance for modified the person listed under FOR FURTHER The Congressional Review Act, 5 acrylic polymers when used as an inert INFORMATION CONTACT. U.S.C. 801 et seq., as added by the Small ingredient in a pesticide chemical Business Regulatory Enforcement formulation, including antimicrobial B. How Can I Get Copies of this Fairness Act of 1996, generally provides pesticide chemical formulations if such Document and Other Related that before a rule may take effect, the is used in accordance with good Information? agency promulgating the rule must agricultural or manufacturing practices. 1. Docket. EPA has established an submit a rule report, which includes a Alco Chemical submitted a petition to official public docket for this action copy of the rule, to each House of the EPA under the Federal Food, Drug, and under docket identification (ID) number

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OPP–2003–0079. The official public acrylate, hydroxyethyl acrylate, carrageenan and modified cellulose; docket consists of the documents hydroxypropyl acrylate, hydroxybutyl wetting, spreading, and dispersing specifically referenced in this action, acrylate, carboxyethyl acrylate, agents; propellants in aerosol any public comments received, and methacrylic acid, methyl methacrylate, dispensers; microencapsulating agents; other information related to this action. ethyl methacrylate, butyl methacrylate, and emulsifiers. The term ‘‘inert’’ is not Although a part of the official docket, isobutyl methacyrlate, hydroxyethyl intended to imply nontoxicity; the the public docket does not include methacrylate, hydroxypropyl ingredient may or may not be Confidential Business Information (CBI) methacrylate, hydroxybutyl chemically active. Generally, EPA has or other information whose disclosure is methacrylate, lauryl methacrylate, and exempted inert ingredients from the restricted by statute. The official public stearyl methacrylate with none and/or requirement of a tolerance based on the docket is the collection of materials that one or more of the following monomers: low toxicity of the individual inert is available for public viewing at the Acrylamide, N-methyl acrylamide, N- ingredients. Public Information and Records octylacrylamide, maleic anhydride, IV. Risk Assessment and Statutory Integrity Branch (PIRIB), Rm. 119, maleic acid, monoethyl maleate, diethyl Findings Crystal Mall #2, 1921 Jefferson Davis maleate, monooctyl maleate, dioctyl Hwy., Arlington, VA. This docket maleate, and their corresponding EPA establishes exemptions from the facility is open from 8:30 a.m. to 4 p.m., sodium, potassium, ammonium, requirement of a tolerance only in those Monday through Friday, excluding legal isopropylamine, triethylamine, cases where it can be clearly holidays. The docket telephone number monoethanolamine, and/or demonstrated that the risks from is (703) 305–5805. triethanolamine salts; the resulting aggregate exposure to pesticide 2. Electronic access. You may access polymer having a minimum number chemical residues under reasonably this Federal Register document average molecular weight (in amu), foreseeable circumstances will pose no electronically through the EPA Internet 1,200 by including N,N-dimethyl appreciable risks to human health. In under the ‘‘Federal Register’’ listings at acrylamide as one of the monomers. No order to determine the risks from http://www.epa.gov/fedrgstr/. A CAS Reg. No. is associated with this aggregate exposure to pesticide inert frequently updated electronic version of tolerance exemption. ingredients, the Agency considers the 40 CFR part 180 is available at http:// Section 408(c)(2)(A)(i) of the FFDCA toxicity of the inert in conjunction with www.access.gpo.gov/nara/cfr/ allows EPA to establish an exemption possible exposure to residues of the cfrhtml_00/Title_40/40cfr180_00.html, a from the requirement for a tolerance (the inert ingredient through food, drinking beta site currently under development. legal limit for a pesticide chemical water, and through other exposures that An electronic version of the public residue in or on a food) only if EPA occur as a result of pesticide use in docket is available through EPA’s determines that the tolerance is ‘‘safe.’’ residential settings. If EPA is able to electronic public docket and comment Section 408(c)(2)(A)(ii) of the FFDCA determine that a finite tolerance is not system, EPA Dockets. You may use EPA defines ‘‘safe’’ to mean that ‘‘there is a necessary to ensure that there is a Dockets at http://www.epa.gov/edocket/ reasonable certainty that no harm will reasonable certainty that no harm will to submit or view public comments, result from aggregate exposure to the result from aggregate exposure to the access the index listing of the contents pesticide chemical residue, including inert ingredient, an exemption from the of the official public docket, and to all anticipated dietary exposures and all requirement of a tolerance may be access those documents in the public other exposures for which there is established. docket that are available electronically. reliable information.’’ This includes Consistent with section 408(b)(2)(D) Although not all docket materials may exposure through drinking water and in of the FFDCA, EPA has reviewed the be available electronically, you may still residential settings, but does not include available scientific data and other access any of the publicly available occupational exposure. Section relevant information in support of this docket materials through the docket 408(b)(2)(C) of the FFDCA requires EPA action and considered its validity, facility identified in Unit I.B.1. Once in to give special consideration to completeness and reliability and the the system, select ‘‘search’’ then key in exposure of infants and children to the relationship of this information to the appropriate docket ID number. pesticide chemical residue in human risk. EPA has also considered establishing an exemption from the available information concerning the II. Background and Statutory Findings requirement of a tolerance and to variability of the sensitivities of major In the Federal Register of January 14, ‘‘ensure that there is a reasonable identifiable subgroups of consumers, 2003 (68 FR 1846) (FRL–7286–5), EPA certainty that no harm will result to including infants and children. In the issued a notice pursuant to section 408 infants and children from aggregate case of certain chemical substances that of the FFDCA, 21 U.S.C. 346a, as exposure to the pesticide chemical are defined as polymers, the Agency has amended by the FQPA (Public Law 104– residue. . .’’ and specifies factors EPA is established a set of criteria to identify 170), announcing the filing of a to consider in establishing an categories of polymers that should pesticide petition (PP 3E6539) by Alco exemption. present minimal or no risk (see 40 CFR Chemical, 909 Mueller Drive, 723.250). Acrylic polymers composed of Chattanooga, TN 37406–0401. That III. Inert Ingredient Definition one or more of the following monomers: notice included a summary of the Inert ingredients are all ingredients Acrylic acid, methyl acrylate, ethyl petition prepared by the petitioner. that are not active ingredients as defined acrylate, butyl acrylate, hydroxyethyl There were no comments received in in 40 CFR 153.125 and include, but are acrylate, hydroxypropyl acrylate, response to the notice of filing. not limited to, the following types of hydroxybutyl acrylate, carboxyethyl The petition requested that 40 CFR ingredients (except when they have a acrylate, methacrylic acid, methyl 180.960 be amended by revising the pesticidal efficacy of their own): methacrylate, ethyl methacrylate, butyl existing exemption from the Solvents such as alcohols and methacrylate, isobutyl methacyrlate, requirement of a tolerance for acrylic hydrocarbons; surfactants such as hydroxyethyl methacrylate, polymers composed of one or more of polyoxyethylene polymers and fatty hydroxypropyl methacrylate, the following monomers: Acrylic acid, acids; carriers such as clay and hydroxybutyl methacrylate, lauryl methyl acrylate, ethyl acrylate, butyl diatomaceous earth; thickeners such as methacrylate, and stearyl methacrylate

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with none and/or one or more of the acrylic polymers conform to the criteria polymer having a minimum number following monomers: Acrylamide, N- that identify a low risk polymer. Due to average molecular weight (in amu), methyl acrylamide, N-octylacrylamide, the expected lack of toxicity based on 1,200. maleic anhydride, maleic acid, the above conformance, the Agency has C. Analytical Enforcement Methodology monoethyl maleate, diethyl maleate, determined that a cumulative risk monooctyl maleate, dioctyl maleate, and assessment is not necessary. An analytical method is not required their corresponding sodium, potassium, for enforcement purposes since the VII. Determination of Safety for U.S. ammonium, isopropylamine, Agency is establishing an exemption Population triethylamine, monoethanolamine, and/ from the requirement of a tolerance or triethanolamine salts; the resulting Based on the conformance to the without any numerical limitation. criteria used to identify a low risk polymer having a minimum number D. International Tolerances average molecular weight (in amu), polymer, EPA concludes that there is a 1,200 (also referred to as modified reasonable certainty of no harm to the The Agency is not aware of any acrylic polymers) were previously U.S. population from aggregate exposure country requiring a tolerance for determined to meet the set of criteria to residues of modified acrylic modified acylic polymers nor have any identifying categories of polymers that polymers. CODEX Maximum Residue Levels (MRLs) been established for any food should present minimal or no risk (66 VIII. Determination of Safety for Infants crops at this time. FR 53720; October 24, 2001). and Children These criteria of 40 CFR 723.250 X. Conclusion would continue to be met with the FFDCA section 408 of the FFDCA addition of N,N-dimethyl acrylamide as provides that EPA shall apply an Accordingly, EPA finds that one of the acrylic polymer monomers. additional tenfold margin of safety for exempting residues of modified acrylic Therefore, based on its conformance to infants and children in the case of polymers from the requirement of a the criteria for a polymer to be threshold effects to account for prenatal tolerance will be safe. and postnatal toxicity and the considered low risk under 40 CFR XI. Objections and Hearing Requests 723.250, no mammalian toxicity is completeness of the data base unless anticipated from dietary, inhalation, or EPA concludes that a different margin of Under section 408(g) of the FFDCA, as dermal exposure to modified acylic safety will be safe for infants and amended by the FQPA, any person may polymers. children. Due to the expected low file an objection to any aspect of this toxicity of modified acylic polymers, regulation and may also request a V. Aggregate Exposures EPA has not used a safety factor analysis hearing on those objections. The EPA For the purposes of assessing to assess the risk. For the same reasons procedural regulations which govern the potential exposure under this the additional tenfold safety factor is submission of objections and requests exemption, EPA considered that unnecessary. for hearings appear in 40 CFR part 178. modified acrylic polymers could be IX. Other Considerations Although the procedures in those present in all raw and processed regulations require some modification to agricultural commodities and drinking A. Endocrine Disruptors reflect the amendments made to the water, and that non-occupational non- There is no available evidence that FFDCA by the FQPA, EPA will continue dietary exposure was possible. The modified acylic polymers is an to use those procedures, with number average molecular weight of endocrine disruptor. appropriate adjustments, until the modified acrylic polymers is greater necessary modifications can be made. than 1,200 daltons. Generally, a polymer B. Existing Exemptions from a The new section 408(g) of the FFDCA of this size would be poorly absorbed Tolerance provides essentially the same process through the intact gastrointestinal tract An exemption from the requirement for persons to ‘‘object’’ to a regulation or through intact human skin. Since of a tolerance exists (see 40 CFR for an exemption from the requirement modified acrylic polymers conform to 180.960) for acrylic polymers composed of a tolerance issued by EPA under new the criteria that identify a low risk of one or more of the following section 408(d) of the FFDCA, as was polymer, there are no concerns for risks monomers: Acrylic acid, methyl provided in the old sections 408 and associated with any potential exposure acrylate, ethyl acrylate, butyl acrylate, 409 of the FFDCA. However, the period scenarios that are reasonably hydroxyethyl acrylate, hydroxypropyl for filing objections is now 60 days, foreseeable. The Agency has determined acrylate, hydroxybutyl acrylate, rather than 30 days. that a tolerance is not necessary to carboxyethyl acrylate, methacrylic acid, A. What Do I Need to Do to File an protect the public health. methyl methacrylate, ethyl methacrylate, butyl methacrylate, Objection or Request a Hearing? VI. Cumulative Effects isobutyl methacyrlate, hydroxyethyl You must file your objection or Section 408(b)(2)(D)(v) of the FFDCA methacrylate, hydroxypropyl request a hearing on this regulation in requires that, when considering whether methacrylate, hydroxybutyl accordance with the instructions to establish, modify, or revoke a methacrylate, lauryl methacrylate, and provided in this unit and in 40 CFR part tolerance or tolerance exemption, the stearyl methacrylate with none and/or 178. To ensure proper receipt by EPA, Agency consider ‘‘available one or more of the following monomers: you must identify docket ID number information’’ concerning the cumulative Acrylamide, N-methyl acrylamide, N- OPP–2003–0079 in the subject line on effects of a particular chemical’s octylacrylamide, maleic anhydride, the first page of your submission. All residues and ‘‘other substances that maleic acid, monoethyl maleate, diethyl requests must be in writing, and must be have a common mechanism of toxicity.’’ maleate, monooctyl maleate, dioctyl mailed or delivered to the Hearing Clerk The Agency has not made any maleate, and their corresponding on or before June 2, 2003. conclusions as to whether or not sodium, potassium, ammonium, 1. Filing the request. Your objection modified acrylic polymers share a isopropylamine, triethylamine, must specify the specific provisions in common mechanism of toxicity with monoethanolamine, and/or the regulation that you object to, and the any other chemicals. However, modified triethanolamine salts; the resulting grounds for the objections (40 CFR

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178.25). If a hearing is requested, the 3. Copies for the Docket. In addition collections subject to OMB approval objections must include a statement of to filing an objection or hearing request under the Paperwork Reduction Act the factual issues(s) on which a hearing with the Hearing Clerk as described in (PRA), 44 U.S.C. 3501 et seq., or impose is requested, the requestor’s contentions Unit XI.A., you should also send a copy any enforceable duty or contain any on such issues, and a summary of any of your request to the PIRIB for its unfunded mandate as described under evidence relied upon by the objector (40 inclusion in the official record that is Title II of the Unfunded Mandates CFR 178.27). Information submitted in described in Unit I.B.1. Mail your Reform Act of 1995 (UMRA) (Public connection with an objection or hearing copies, identified by docket ID number Law 104–4). Nor does it require any request may be claimed confidential by OPP–2003–0079, to: Public Information special considerations under Executive marking any part or all of that and Records Integrity Branch, Order 12898, entitled Federal Actions to information as CBI. Information so Information Resources and Services Address Environmental Justice in marked will not be disclosed except in Division (7502C), Office of Pesticide Minority Populations and Low-Income accordance with procedures set forth in Programs, Environmental Protection Populations (59 FR 7629, February 16, 40 CFR part 2. A copy of the Agency, 1200 Pennsylvania Ave., NW., 1994); or OMB review or any Agency information that does not contain CBI Washington, DC 20460–0001. In person action under Executive Order 13045, must be submitted for inclusion in the or by courier, bring a copy to the entitled Protection of Children from public record. Information not marked location of the PIRIB described in Unit Environmental Health Risks and Safety confidential may be disclosed publicly I.B.1. You may also send an electronic Risks (62 FR 19885, April 23, 1997). by EPA without prior notice. copy of your request via e-mail to: opp- This action does not involve any Mail your written request to: Office of [email protected]. Please use an ASCII technical standards that would require the Hearing Clerk (1900C), file format and avoid the use of special Agency consideration of voluntary Environmental Protection Agency, 1200 characters and any form of encryption. consensus standards pursuant to section Pennsylvania Ave., NW., Washington, Copies of electronic objections and 12(d) of the National Technology DC 20460–0001. You may also deliver hearing requests will also be accepted Transfer and Advancement Act of 1995 your request to the Office of the Hearing on disks in WordPerfect 6.1/8.0 or (NTTAA), Public Law 104–113, section Clerk in Rm.104, Crystal Mall #2, 1921 ASCII file format. Do not include any 12(d) (15 U.S.C. 272 note). Since CBI in your electronic copy. You may Jefferson Davis Hwy., Arlington, VA. tolerances and exemptions that are also submit an electronic copy of your The Office of the Hearing Clerk is open established on the basis of a petition request at many Federal Depository from 8 a.m. to 4 p.m., Monday through under section 408(d) of the FFDCA, Libraries. Friday, excluding legal holidays. The such as the exemption in this final rule, telephone number for the Office of the B. When Will the Agency Grant a do not require the issuance of a Hearing Clerk is (703) 603–0061. Request for a Hearing? proposed rule, the requirements of the 2. Tolerance fee payment. If you file A request for a hearing will be granted Regulatory Flexibility Act (RFA) (5 an objection or request a hearing, you if the Administrator determines that the U.S.C. 601 et seq.) do not apply. In must also pay the fee prescribed by 40 material submitted shows the following: addition, the Agency has determined CFR 180.33(i) or request a waiver of that There is a genuine and substantial issue that this action will not have a fee pursuant to 40 CFR 180.33(m). You of fact; there is a reasonable possibility substantial direct effect on States, on the must mail the fee to: EPA Headquarters that available evidence identified by the relationship between the national Accounting Operations Branch, Office requestor would, if established resolve government and the States, or on the of Pesticide Programs, P.O. Box one or more of such issues in favor of distribution of power and 360277M, Pittsburgh, PA 15251. Please the requestor, taking into account responsibilities among the various identify the fee submission by labeling uncontested claims or facts to the levels of government, as specified in it ‘‘Tolerance Petition Fees.’’ contrary; and resolution of the factual Executive Order 13132, entitled EPA is authorized to waive any fee issues(s) in the manner sought by the Federalism (64 FR 43255, August 10, requirement ‘‘when in the judgement of requestor would be adequate to justify 1999). Executive Order 13132 requires the Administrator such a waiver or the action requested (40 CFR 178.32). EPA to develop an accountable process refund is equitable and not contrary to to ensure ‘‘meaningful and timely input the purpose of this subsection.’’ For XII. Statutory and Executive Order by State and local officials in the additional information regarding the Reviews development of regulatory policies that waiver of these fees, you may contact This final rule establishes an have federalism implications.’’ ‘‘Policies James Tompkins by phone at (703) 305– exemption from the tolerance that have federalism implications’’ is 5697, by e-mail at requirement under section 408(d) of the defined in the Executive Order to [email protected], or by mailing a FFDCA in response to a petition include regulations that have request for information to Mr. Tompkins submitted to the Agency. The Office of ‘‘substantial direct effects on the States, at Registration Division (7505C), Office Management and Budget (OMB) has on the relationship between the national of Pesticide Programs, Environmental exempted these types of actions from government and the States, or on the Protection Agency, 1200 Pennsylvania review under Executive Order 12866, distribution of power and Ave., NW., Washington, DC 20460– entitled Regulatory Planning and responsibilities among the various 0001. Review (58 FR 51735, October 4, 1993). levels of government.’’ This final rule If you would like to request a waiver Because this rule has been exempted directly regulates growers, food of the tolerance objection fees, you must from review under Executive Order processors, food handlers and food mail your request for such a waiver to: 12866 due to its lack of significance, retailers, not States. This action does not James Hollins, Information Resources this rule is not subject to Executive alter the relationships or distribution of and Services Division (7502C), Office of Order 13211, Actions Concerning power and responsibilities established Pesticide Programs, Environmental Regulations That Significantly Affect by Congress in the preemption Protection Agency, 1200 Pennsylvania Energy Supply, Distribution, or Use (66 provisions of section 408(n)(4) of the Ave., NW., Washington, DC 20460– FR 28355, May 22, 2001). This final rule FFDCA. For these same reasons, the 0001. does not contain any information Agency has determined that this rule

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does not have any ‘‘tribal implications’’ specified in Executive Order 13175. Agricultural commodities, Pesticides as described in Executive Order 13175, Thus, Executive Order 13175 does not and pests, Reporting and recordkeeping entitled Consultation and Coordination apply to this rule. requirements. with Indian Tribal Governments (65 FR XIII. Congressional Review Act Dated: March 25, 2003. 67249, November 6, 2000). Executive Order 13175, requires EPA to develop The Congressional Review Act, 5 Peter Caulkins, an accountable process to ensure U.S.C. 801 et seq., as added by the Small Acting Director, Registration Division, Office ‘‘meaningful and timely input by tribal Business Regulatory Enforcement of Pesticide Programs. officials in the development of Fairness Act of 1996, generally provides ■ Therefore, 40 CFR chapter I is regulatory policies that have tribal that before a rule may take effect, the amended as follows: implications.’’ ‘‘Policies that have tribal agency promulgating the rule must implications’’ is defined in the submit a rule report, which includes a PART 180—[AMENDED] Executive Order to include regulations copy of the rule, to each House of the that have ‘‘substantial direct effects on Congress and to the Comptroller General ■ 1. The authority citation for part 180 one or more Indian tribes, on the of the United States. EPA will submit a continues to read as follows: relationship between the Federal report containing this rule and other Government and the Indian tribes, or on required information to the U.S. Senate, Authority: 21 U.S.C. 321(q), 346(a) and the distribution of power and the U.S. House of Representatives, and 371. responsibilities between the Federal the Comptroller General of the United ■ 2. The table to section 180.960 is Government and Indian tribes.’’ This States prior to publication of this rule in amended by revising the entry which rule will not have substantial direct the Federal Register. This rule is not a reads in part ‘‘Acrylic polymers com- effects on tribal governments, on the ‘‘major rule’’ as defined by 5 U.S.C. posed of one or more of the following relationship between the Federal 804(2). monomers:. . .’’ as follows: Government and Indian tribes, or on the List of Subjects in 40 CFR Part 180 distribution of power and § 180.960 Polymers; Exemptions from the responsibilities between the Federal Environmental protection, requirement of a tolerance. Government and Indian tribes, as Administrative practice and procedure,

Polymer CAS No.

****** Acrylic polymers composed of one or more of the following monomers: Acrylic acid, methyl acrylate, ethyl acrylate, butyl acrylate, hydroxyethyl acrylate, hydroxypropyl acrylate, hydroxybutyl acrylate, carboxyethyl acrylate, methacrylic acid, methyl methacrylate, ethyl methacrylate, butyl methacrylate, isobutyl methacrylate, hydroxyethyl methacrylate, hydroxypropyl methacrylate, hydroxybutyl methacry- late, lauryl methacrylate, and stearyl methacrylate; with none and/or one or more of the following monomers: Acrylamide, N-methyl acrylamide, N,N-dimethyl acrylamide, N-octylacrylamide, maleic an- hydride, maleic acid, monoethyl maleate, diethyl maleate, monooctyl maleate, dioctyl maleate; and their corresponding sodium, potassium, ammonium, isopropylamine, triethylamine, monoethanolamine, and/ or triethanolamine salts; the resulting polymer having a minimum number average molecular weight (in amu), 1,200 None ******

[FR Doc. 03–7974 Filed 4–1–03; 8:45 am] effective dates listed within this rule SUPPLEMENTARY INFORMATION: The NFIP BILLING CODE 6560–50–S because of noncompliance with the enables property owners to purchase floodplain management requirements of flood insurance which is generally not the program. If the Federal Emergency otherwise available. In return, DEPARTMENT OF HOMELAND Management Agency (FEMA) receives communities agree to adopt and SECURITY documentation that the community has administer local floodplain management adopted the required floodplain aimed at protecting lives and new Federal Emergency Management management measures prior to the construction from future flooding. Agency effective suspension date given in this Section 1315 of the National Flood rule, the suspension will be withdrawn 44 CFR Part 64 Insurance Act of 1968, as amended, 42 by publication in the Federal Register. U.S.C. 4022, prohibits flood insurance [Docket No. FEMA–7805] EFFECTIVE DATES: The effective date of coverage as authorized under the each community’s suspension is the National Flood Insurance Program, 42 Suspension of Community Eligibility third date (‘‘Susp.’’) listed in the third U.S.C. 4001 et seq.; unless an AGENCY: Federal Emergency column of the tables. appropriate public body adopts Management Agency, Emergency adequate floodplain management ADDRESSES: If you wish to determine Preparedness and Response Directorate, measures with effective enforcement whether a particular community was measures. The communities listed in Department of Homeland Security. suspended on the suspension date, ACTION: Final rule. this document no longer meet that contact the appropriate FEMA Regional statutory requirement for compliance Office or the NFIP servicing contractor. SUMMARY: This rule identifies with program regulations, 44 CFR part communities, where the sale of flood FOR FURTHER INFORMATION CONTACT: 59 et seq. Accordingly, the communities insurance has been authorized under Edward Pasterick, Mitigation Division, will be suspended on the effective date the National Flood Insurance Program 500 C Street, SW.; Room 435, in the third column. As of that date, (NFIP), that are suspended on the Washington, DC 20472, (202) 646–3443. flood insurance will no longer be

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available in the community. However, finds that notice and public comment under the criteria of section 3(f) of some of these communities may adopt under 5 U.S.C. 553(b) are impracticable Executive Order 12866 of September 30, and submit the required documentation and unnecessary because communities 1993, Regulatory Planning and Review, of legally enforceable floodplain listed in this final rule have been 58 FR 51735. management measures after this rule is adequately notified. Paperwork Reduction Act. This rule published but prior to the actual Each community receives a 6-month, does not involve any collection of suspension date. These communities 90-day, and 30-day notification information for purposes of the will not be suspended and will continue addressed to the Chief Executive Officer Paperwork Reduction Act, 44 U.S.C. their eligibility for the sale of insurance. that the community will be suspended 3501 et seq. unless the required floodplain A notice withdrawing the suspension of Executive Order 12612, Federalism. management measures are met prior to the communities will be published in This rule involves no policies that have the effective suspension date. Since the Federal Register. federalism implications under Executive In addition, the Federal Emergency these notifications have been made, this Order 12612, Federalism, October 26, Management Agency has identified the final rule may take effect within less 1987, 3 CFR, 1987 Comp.; p. 252. special flood hazard areas in these than 30 days. communities by publishing a Flood National Environmental Policy Act. Executive Order 12778, Civil Justice Insurance Rate Map (FIRM). The date of This rule is categorically excluded from Reform. This rule meets the applicable the FIRM, if one has been published, is the requirements of 44 CFR Part 10, standards of section 2(b)(2) of Executive indicated in the fourth column of the Environmental Considerations. No Order 12778, October 25, 1991, 56 FR table. No direct Federal financial environmental impact assessment has 55195, 3 CFR, 1991 Comp.; p. 309. assistance (except assistance pursuant to been prepared. List of Subjects in 44 CFR Part 64 the Robert T. Stafford Disaster Relief Regulatory Flexibility Act. The and Emergency Assistance Act not in Administrator has determined that this Flood insurance, Floodplains. connection with a flood) may legally be rule is exempt from the requirements of ■ Accordingly, 44 CFR part 64 is provided for construction or acquisition the Regulatory Flexibility Act because amended as follows: of buildings in the identified special the National Flood Insurance Act of flood hazard area of communities not 1968, as amended, 42 U.S.C. 4022, PART 64—[AMENDED] participating in the NFIP and identified prohibits flood insurance coverage for more than a year, on the Federal unless an appropriate public body ■ 1. The authority citation for Part 64 Emergency Management Agency’s adopts adequate floodplain management continues to read as follows: initial flood insurance map of the measures with effective enforcement Authority: 42 U.S.C. 4001 et seq.; community as having flood-prone areas measures. The communities listed no Reorganization Plan No. 3 of 1978, 3 CFR, (section 202(a) of the Flood Disaster longer comply with the statutory 1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, Protection Act of 1973, 42 U.S.C. requirements, and after the effective 3 CFR, 1979 Comp.; p. 376. 4106(a), as amended). This prohibition date, flood insurance will no longer be § 64.6 [Amended] against certain types of Federal available in the communities unless assistance becomes effective for the they take remedial action. ■ 2. The tables published under the communities listed on the date shown Regulatory Classification. This final authority of § 64.6 are amended as fol- in the last column. The Administrator rule is not a significant regulatory action lows:

Date certain federal as- sistance no Community Effective date authorization/cancellation of sale of flood Current ef- longer avail- State and location no. insurance in community fective map able in spe- date cial flood hazard areas

Region I Maine: Allagash, Town of, Aroostook 230440 March 19, 1974, emerg.; August 5, 1985, reg.; April 2, 4/2/03 4/2/03 County. 2003, susp.. Region V Ohio: Frankfort, Village of, Ross County .... 390484 July 11, 1975, emerg.; September 24, 1984, reg.; April 4/2/03 4/2/03 2, 2003, susp. Region I Connecticut: Newtown, Town of, Fairfield 090011 August 28, 1975, emerg.; June 15, 1979, reg.; April 4/16/03 4/16/03 County. 16, 2003, susp. New Hampshire: Errol, Town of, Coos 330206 August 31, 1993, emerg.; June 1, 1995, reg.; April 16, 4/16/03 4/16/03 County.. 2003, susp. Code for reading third column: emerg.—emergency; reg.—regular; susp.—suspension.

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Dated: March 27, 2003. NMFS, has determined that the A DEPARTMENT OF COMMERCE Anthony S. Lowe, season apportionment of the 2003 Director, Mitigation Division. Pacific cod TAC allocated as a directed National Oceanic and Atmospheric [FR Doc. 03–7983 Filed 4–1–03; 8:45 am] fishing allowance to catcher vessels Administration BILLING CODE 6718–05–P using hook-and-line gear in the BSAI will soon be reached. Consequently, 50 CFR Part 679 NMFS is prohibiting directed fishing for [Docket No. 011219306–3058–03; I.D. DEPARTMENT OF COMMERCE Pacific cod by catcher vessels 60 feet 110501A] (18.3 m) length overall and longer using RIN 0648–AM44 National Oceanic and Atmospheric hook-and-line gear in the BSAI. Catcher Administration vessels less than 60 feet (18.3 m) LOA Fisheries of the Exclusive Economic using hook-and-line gear in the BSAI Zone off Alaska; Revisions to Observer 50 CFR Part 679 may continue to participate in the Coverage Requirements for Vessels [Docket No. 021212307–3037–02; I.D. directed fishery for Pacific cod under a and Shoreside Processors in the North 032703E] separate Pacific cod allocation to Pacific Groundfish Fisheries; catcher vessels less than 60 feet (18.3 m) Correction Fisheries of the Exclusive Economic LOA using hook-and-line or pot gear. Zone off Alaska; Pacific Cod by AGENCY: National Marine Fisheries Catcher Vessels 60 Feet (18.3 m) Maximum retainable amounts may be Service (NMFS), National Oceanic and Length Overall and Longer Using found in the regulations at § 679.20(e) Atmospheric Administration (NOAA), Hook-and-line Gear in the Bering Sea and (f). Commerce. ACTION: and Aleutian Islands Classification Final rule; Technical correction. AGENCY: National Marine Fisheries SUMMARY: This document corrects a This action responds to the best Service (NMFS), National Oceanic and January 7, 2003, final rule that available information recently obtained Atmospheric Administration (NOAA), implemented changes to regulations from the fishery. The Assistant Commerce. governing the North Pacific Groundfish Administrator for Fisheries, NOAA ACTION: Closure. Observer Program (Observer Program). (AA), finds good cause to waive the The action is necessary to correct SUMMARY: NMFS is prohibiting directed requirement to provide prior notice and erroneous cross references and fishing for Pacific cod by catcher vessels opportunity for public comment inaccurate amendatory language that 60 feet (18.3 m) length overall (LOA) pursuant to the authority set forth at 5 occurred in the final rule. and longer using hook-and-line gear in U.S.C. 553(b)(B) as such requirement is DATES: Effective April 2, 2003. the Bering Sea and Aleutian Islands contrary to the public interest. This FOR FURTHER INFORMATION CONTACT: management area (BSAI). This action is requirement is contrary to the public Patsy A. Bearden, 907–586–7008. necessary to prevent exceeding the A interest as it would delay the closure of SUPPLEMENTARY INFORMATION: A final season apportionment of the 2003 total the fishery, lead to exceeding the A rule implementing changes to allowable catch (TAC) of Pacific cod season apportionment of the 2003 regulations governing the Observer allocated to catcher vessels using hook- Pacific cod TAC allocated to catcher and-line gear in this area. Program was published in the Federal vessels using hook-and-line gear in the Register January 7, 2003 (68 FR 715). DATES: Effective 1200 hrs, Alaska local BSAI, and therefore reduce the public’s The final rule contained five errors in time (A.l.t.), March 28, 2003, until 1200 ability to use and enjoy the fishery cross references caused by renumbering hrs, A.l.t., June 10, 2003. resource. of paragraphs. These errors are corrected FOR FURTHER INFORMATION CONTACT: The AA also finds good cause to by this action. Mary Furuness, 907–586–7228. waive the 30–day delay in the effective Need for Corrections SUPPLEMENTARY INFORMATION: NMFS date of this action under 5 U.S.C. manages the groundfish fishery in the 553(d)(3). This finding is based upon In this final rule, the renumbering of BSAI according to the Fishery the reasons provided above for waiver of paragraphs affected cross references in Management Plan for the Groundfish prior notice and opportunity for public three paragraphs that were not Fishery of the Bering Sea and Aleutian comment. addressed in the final rule. Newly Islands Area (FMP) prepared by the redesignated paragraph 679.50(d)(5)(i) is North Pacific Fishery Management This action is required by section corrected by removing the reference to Council under authority of the 679.20 and is exempt from review under ‘‘(d)(4)(ii)’’ and by adding in its place Magnuson-Stevens Fishery Executive Order 12866. ‘‘(d)(5)(ii)’’; Newly redesignated Conservation and Management Act. Authority: 16 U.S.C. 1801 et seq. paragraph 679.50(d)(5)(ii)(B) is Regulations governing fishing by U.S. corrected by removing reference to Dated: March 27, 2003. vessels in accordance with the FMP ‘‘(d)(4)(iii)’’, and by adding in its place appear at subpart H of 50 CFR part 600 Richard W. Surdi ‘‘(d)(5)(iii)’’; and paragraph and 50 CFR part 679. Acting Director, Office of Sustainable 679.50(g)(2)(iii)(B)(2) is corrected by The A season apportionment of the Fisheries, National Marine Fisheries Service. removing the reference to ‘‘(d)(3)’’ and 2003 Pacific cod TAC allocated to [FR Doc. 03–7960 Filed 3–28–03; 2:59 pm] by adding in its place ‘‘(d)(4)’’. catcher vessels using hook-and-line gear BILLING CODE 3510–22–S Amendatory instruction 2 of 68 FR in the BSAI is 175 metric tons (mt) as 715 is corrected by removing the text established by the final 2003 harvest ‘‘(d)(3) through (6)’’ and by adding in its specifications for groundfish of the place ‘‘(d)(3) through (5)’’ by removing BSAI (68 FR 9924, March 3, 2003). the text ‘‘(d)(4) through (7)’’ and by In accordance with § 679.20(d)(1)(iii), adding in its place ‘‘(d)(4) through (6)’’ the Administrator, Alaska Region, and by correcting the text

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‘‘paragraphs(i)(2)(vi) and (i)(2)(xii) are List of Subjects in 50 CFR Part 679 § 679.50 [Corrected] revised;’’ to read as ‘‘paragraph(i)(2)(vi) ■ 2. In § 679.50, correct the reference to is revised; and paragraph (i)(2)(xii) is Alaska, Fisheries, Recordkeeping and paragraphs redesignated in the final rule added;’’. reporting requirements. 68 FR 715, January 7, 2003: Dated: March 24, 2003. ■ a. In paragraph (d)(5)(i), remove the Classification Rebecca Lent, reference ‘‘(d)(4)(ii)’’ and add in its place This action corrects paragraph Deputy Assistant Administrator for ‘‘(d)(5)(ii)’’. ■ numbering and cross references, a non- Regulatory Programs, National Marine b. In paragraph (d)(5)(ii)(B), remove the discretionary technical change with no Fisheries Service. reference ‘‘(d)(4)(iii)’’ and add in its substantive effects. Therefore, the place ‘‘(d)(5)(iii)’’. ■ Accordingly, 50 CFR part 679 is cor- ■ c. In paragraph (g)(2)(iii)(B)(2), remove Assistant Administrator for Fisheries, rected by making the following cor- the reference ‘‘(d)(3)’’ and add in its NOAA, finds good cause to waive the recting amendments to the final rule place ‘‘(d)(4)’’. requirement to provide prior notice and published on January 7, 2003 (68 FR ■ 3. On page 719 of 68 FR 715, third opportunity for public comment under 715): column, amendatory instruction 2: 5 U.S.C. 553(b)(B), as such procedure ■ a. Lines 1 and 2, remove ‘‘(d)(3) would be unnecessary. Because this PART 679—FISHERIES OF THE through (6)’’ and add in its place ‘‘(d)(3) technical amendment does not EXCLUSIVE ECONOMIC ZONE OFF through (5)’’. constitute a substantive rule, it is not ALASKA ■ b. Lines 2 and 3, remove ‘‘(d)(4) subject to the requirement for a 30–day through (7)’’ and add in its place ‘‘(d)(4) delay in effective date under 5 U.S.C. ■ 1. The authority citation for part 679 through (6)’’. 553(d). Because prior notice and continues to read as follows: ■ c. Line 5 and 6, remove ‘‘paragraphs opportunity to comment is not required Authority: 16 U.S.C. 773 et seq., 1801 et (i)(2)(vi) and (i)(2)(xii) are revised’’ and for this action by 5 U.S.C. 553 or any seq.; 3631 et seq.; Title II of Division C, Pub. add in its place ‘‘paragraph (i)(2)(vi) is other law, the analytical requirements of L. 105–277; Sec 3027, Pub. L. 106–31; 113 revised; and new paragraph (i)(2)(xii) is the Regulatory Flexibility Act, 5 U.S.C. Stat. 57; 16 U.S.C. 1540(f); and Sec. 209, Pub, added;’’. 601 et seq. are not applicable. L, 106–554. [FR Doc. 03–7517 Filed 4–1–03; 8:45 am] BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 68, No. 63

Wednesday, April 2, 2003

This section of the FEDERAL REGISTER FOR FURTHER INFORMATION CONTACT: removed. The Cherry Industry contains notices to the public of the proposed Patricia A. Petrella or Kenneth G. Administrative Board (Board) now is issuance of rules and regulations. The Johnson, Marketing Order required to consider the volume of purpose of these notices is to give interested Administration Branch, Fruit and cherries used in making various persons an opportunity to participate in the Vegetable Programs, AMS, USDA, Unit products and the relative market value rule making prior to the adoption of the final rules. 155, Room 2A38, 4700 River Road, of those products in deciding whether Riverdale, MD 20737, telephone: (301) the assessment rate should be a single, 734–5243, or Fax: (301) 734–5275; or uniform rate applicable to all cherries or DEPARTMENT OF AGRICULTURE George Kelhart, Technical Advisor, whether varying rates should be Marketing Order Administration recommended for cherries Agricultural Marketing Service Branch, Fruit and Vegetable Programs, manufactured into different products. AMS, USDA, 1400 Independence At this time, it is the Board’s intention 7 CFR Part 930 Avenue, SW., Stop 0237, Washington, to recommend one assessment rate DC 20250–0237; telephone: (202) 720– applicable to all cherries so this action [Docket No. FV02–930–3 PR] 2491, or Fax: (202) 720–8938. is no longer necessary. Tart Cherries Grown in the States of Small businesses may request Therefore, the proposed rule regarding an increase in the assessment Michigan, et al.; Increased Assessment information on complying with this rates for cherries published in the Rates; Withdrawal of a Proposed Rule regulation, or obtain a guide on complying with fruit, vegetable, and Federal Register on June 10, 2002 (67 AGENCY: Agricultural Marketing Service, specialty crop marketing agreements FR 39637), is hereby withdrawn. USDA. and orders by contacting Jay Guerber, List of Subjects in 7 CFR Part 930 ACTION: Withdrawal of proposed rule. Marketing Order Administration Branch, Fruit and Vegetable Programs, Marketing agreements, Reporting and SUMMARY: This action withdraws a AMS, USDA, 1400 Independence recordkeeping requirements, Tart proposed rule published in the Federal Avenue, SW., Stop 0237, Washington, cherries. Register on June 10, 2002 (67 FR 39637), DC 20250–0237; telephone: (202) 720– Authority: 7 U.S.C. 601–674. which would have increased the 2491, Fax: (202) 720–8938, or E-mail: Dated: March 27, 2003. assessment rate for cherries that are [email protected]. A.J. Yates, utilized in the production of tart cherry SUPPLEMENTARY INFORMATION: This rule Administrator, Agricultural Marketing products other than juice, juice is issued under Marketing Agreement Service. concentrate, or puree from $0.00175 to and Order No. 930 (7 CFR part 930), [FR Doc. 03–7939 Filed 4–1–03; 8:45 am] $0.0021 per pound. It also would have regulating the handling of tart cherries BILLING CODE 3410–02–P increased the assessment rate for grown in the States of Michigan, New cherries utilized for juice, juice York, Pennsylvania, Oregon, Utah, concentrate, or puree from $0.000875 to Washington, and Wisconsin, hereinafter SMALL BUSINESS ADMINISTRATION $0.00105 per pound. Both assessment referred to as the ‘‘order.’’ The rates would have applied to the 2002– marketing agreement and order are 13 CFR PART 121 2003 and subsequent fiscal periods. effective under the Agricultural Small Business Size Standards; Since the proposed rule was published, Marketing Agreement Act of 1937, as Waiver of the Nonmanufacturer Rule the tart cherry marketing order was amended (7 U.S.C. 601–674), hereinafter amended (August 8, 2002; 67 FR 51697). referred to as the ‘‘Act.’’ AGENCY: Small Business Administration. The provisions requiring the This action withdraws a proposed ACTION: Notice of intent to waive the establishment of different assessment rule published in the Federal Register rates for different products were Nonmanufacturer Rule for small arms on June 10, 2002 (67 FR 39637), which manufacturing. removed. In their place, the Cherry would have increased the assessment Industry Administrative Board (Board) rate for cherries that are utilized in the SUMMARY: The U.S. Small Business is required to consider the volume of production of tart cherry products other Administration (SBA) is considering cherries used in making various than juice, juice concentrate, or puree granting a waiver of the products and the relative market value from $0.00175 to $0.0021 per pound. It Nonmanufacturer Rule for small arms of those products in deciding whether also would have increased the manufacturing. The basis for waivers is the assessment rate should be a single, assessment rate for cherries utilized for that no small business manufacturers uniform rate applicable to all cherries or juice, juice concentrate, or puree from are supplying these classes of products whether varying rates should be $0.000875 to $0.00105 per pound. Both to the Federal government. The effect of recommended for cherries assessment rates would have applied to a waiver would be to allow otherwise manufactured into different products. the 2002–2003 and subsequent fiscal qualified regular dealers to supply the At this time, it is the Board’s intention periods. products of any domestic manufacturer to recommend one assessment rate Since the proposed rule was on a Federal contract set aside for small applicable to all cherries so this action published, the tart cherry marketing businesses or awarded through the SBA is no longer necessary. order was amended (August 8, 2002; 67 8(a) Program. The purpose of this notice DATES: The proposed rule published on FR 51697). The provisions requiring the is to solicit comments and potential June 10, 2002 (67 FR 39637) is establishment of different assessment source information from interested withdrawn as of April 3, 2003. rates for different products were parties.

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DATES: Comments and sources must be LIBRARY OF CONGRESS previous rulemaking proceeding submitted on or before April 21, 2003. available on the Copyright Office’s Web Copyright Office site at: ADDRESSES: Edith Butler, Program http://www.copyright. gov/1201/. Analyst, U.S. Small Business 37 CFR Part 201 On March 20, 2003, the Copyright Administration, 409 3rd Street, SW., [Docket No. RM 2002–4C] Office announced that it would be Washington DC, 20416, Tel: (202) 619– holding public hearings relating to the 0422. Notice of Public Hearings: Exemption rulemaking in Washington DC on April FOR FUTHER INFORMATI0N CONTACT: Edith to Prohibition on Circumvention of 11, April 15, April 30, and May 2, 2003, Butler, Program Analyst, (202) 619–0422 Copyright Protection Systems for and that public hearings would FAX (202) 205–7280. Access Control Technologies subsequently be held in California in May, on dates and at a location to be SUPPLEMENTARY INFORMATION: Pub. L. AGENCY: Copyright Office, Library of announced later. 68 FR 13652 (March 100–656, enacted on November 15, Congress. 20, 2003). 1988, incorporated into the Small ACTION: Notice of Public Hearings in Los The Copyright Office is now Business Act the previously existing Angeles, CA. announcing that the California hearings regulation that recipients of Federal will be conducted on May 14 and 15, SUMMARY: The Copyright Office of the 2003 to hear testimony relating to the contracts set aside for small businesses Library of Congress will be holding two rulemaking. The hearings will be or SBA 8(a) Program procurement must days of public hearings in Los Angeles, conducted in Room 1310 at the UCLA provide the product of a small business California on the possible exemptions to School of Law, located at 405 Hilgard manufacturer or processor, if the the prohibition against circumvention of Avenue, Los Angeles, California. recipient is other than the actual technological measures that control The March 20 notice invited manufacturer or processor. This access to copyrighted works and is interested parties to submit requests to requirement is commonly referred to as extending the due date for requests to testify at one of these hearings. Requests the Nonmanufacturer Rule. The SBA testify in California. were to be submitted no later than April regulations imposing this requirement DATES: Public hearings will be held at 1, 2003. Given the timing of this are found at 13 CFR 121.406(b). Section the UCLA School of Law on May 14 and 303(h) of the law provides for waiver of announcement on the precise dates and 15, 2003, beginning at 9 a.m. Requests location of the California hearings, the this requirement by SBA for any ‘‘class to testify for these California hearings Copyright Office is extending the due of products’’ for which there are no must be received by 5 p.m. E.S.T. on date for requests to testify at the Los SUPPLEMENTARY small business manufacturers or April 8, 2003. See Angeles, CA hearings only until 5 p.m., processors in the Federal market. INFORMATION for additional information E.S.T., April 8, 2003. To be considered available to on other requirements. Requirements for Persons Desiring To participate in the Federal market on ADDRESSES: The Los Angeles, California Testify these classes of products, a small round of public hearings will be held on business manufacturer must have May 14 and 15, 2003 in the Moot Court A request to testify must be submitted submitted a proposal for a contract Room, Room 1310, of the UCLA School to the Copyright Office. All requests to solicitation or received a contract from of Law, 405 Hilgard Avenue, Los testify must clearly identify: SUPPLEMENTARY • the Federal government within the last Angeles, CA. See The name of the person desiring to INFORMATION for additional address 24 months. The SBA defines ‘‘class of testify, information and other requirements. • products’’ based on six digit coding The organization or organizations FOR FURTHER INFORMATION CONTACT: systems. Rob represented, if any, Kasunic, Senior Attorney, Office of the • Contact information (address, The first coding system is the Office General Counsel, Copyright GC/I&R, PO telephone, and email), of Management and Budget North Box 70400, Southwest Station, • The class of work to which your American Industry Classification Washington, DC 20024. Telephone (202) testimony is responsive (if you wish to System (NAICS). The second is the 707–8380; fax (202) 707–8366. Requests testify on more than one proposed class Product and Service Code established to testify must be sent by email to of work, please state your order of by the Federal Procurement Data [email protected]. Email inquiries regarding preference),1 System. the hearings may be sent to • A brief summary of your proposed The U.S. Small Business [email protected]. testimony, • Administration is currently processing a SUPPLEMENTARY INFORMATION: On A description of any audiovisual request to waive the Nonmanufacturer October 15, 2002, the Copyright Office material or demonstrative evidence, if published a Notice of Inquiry seeking any, that you intend to present, Rule for Small Arms Manufacturing, • North American Industry Classification comments in connection with a Preferences as to dates on which you wish to testify. Note: Because the System (NAICS) 332994. The public is rulemaking pursuant to section agenda will be organized based on invited to comment or provide source 1201(a)(1) of the Copyright Act, 17 subject matter, we cannot guarantee that information to SBA on the proposed U.S.C. 1201(a)(1), which provides that the Librarian of Congress may exempt we can accommodate requests to testify waiver of the nonmanufacturer rule for on particular dates. this NAICS code. certain classes of works from the prohibition against circumventing a The Copyright Office notes that it has Linda G. Williams, technological measure that controls already received many requests to Associate Administrator for Government access to a copyrighted work. For a testify that have not complied with Contracting. more complete statement of the 1 The 51 written comments proposing classes of [FR Doc. 03–7840 Filed 4–1–03; 8:45 am] background and purpose of the works to be exempted and the 338 reply comments BILLING CODE 8025–01–P rulemaking, please see the Notice of have been posted on the Office’s Web site; seehttp:/ Inquiry and the full record of the /www.copyright.gov/1201/.

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these requirements, particularly the hearings should be brought by the Mail written comments (one original requirement to identify the class of work person testifying. and two copies) to the following address to which the testimony is responsive. The Office intends to organize ONLY: Centers for Medicare & Medicaid Requests to testify that do not conform individual sessions of the hearings Services, Department of Health and to these requirements will not be around particular or related classes of Human Services, Attention: CMS–2132– considered, since the hearing sessions works proposed for exemption. If a P, P.O. Box 3016, Baltimore, MD 21244– will be structured around particular or request to testify involves more than one 3016. related proposed classes of works to be proposed exemption or related Please allow sufficient time for mailed exempted. Persons who submit a timely exemption, please specify, in order of comments to be timely received in the request to testify will receive a response preference, the proposed exemptions on event of delivery delays. by email or telephone by April 14, 2003. which you would prefer to testify. If you prefer, you may deliver (by The Copyright Office will notify all Following receipt of the requests to hand or courier) your written comments witnesses of the date and expected time testify, the Copyright Office will inform (one original and two copies) to one of of their appearance, and the time all parties requesting to testify whether the following addresses: Room 445–G, allocated for their testimony. they have been accepted. The Copyright Hubert H. Humphrey Building, 200 At the UCLA School of Law, only Office will also prepare an agenda of the Independence Avenue, SW., limited on-site parking will be available hearings which will be posted on the Washington, DC 20201, or Room C5–14– for participants and the public. Persons Copyright Office Web site at http:// 03, 7500 Security Boulevard, Baltimore, wishing to attend the hearings are www.copyright.gov/1201/ and sent to MD 21244–1850. encouraged to make alternative persons who have been accepted to (Because access to the interior of the transportation plans or to park in testify. To facilitate this process, it is HHH Building is not readily available to commercial parking lots located near essential that all of the required persons without Federal government UCLA. The Office will post additional information listed above be included in identification, commenters are information on parking at UCLA on the a request to testify. encouraged to leave their comments in Copyright Office’s Web site at http:// Dated: March 31, 2003. the CMS drop slots located in the main www.copyright.gov/1201/. David O. Carson, lobby of the building. A stamp-in clock Addresses for Requests to Testify General Counsel. is available for persons wishing to retain a proof of filing by stamping in and All requests to testify must be sent by [FR Doc. 03–8147 Filed 4–1–03; 8:45 am] retaining an extra copy of the comments email to [email protected] and must be BILLING CODE 1410–31–P being filed.) received by 5 E.S.T. on April 8, 2003. Comments mailed to the addresses Persons who are unable to send requests indicated as appropriate for hand or by email should contact Rob Kasunic, DEPARTMENT OF HEALTH AND courier delivery may be delayed and Senior Attorney, at (202) 707–8380 to HUMAN SERVICES could be considered late. make alternative arrangements for For information on viewing public submission of their requests to testify. Centers for Medicare & Medicaid Services comments, see the beginning of the Form and Limits on Testimony at SUPPLEMENTARY INFORMATION section. Public Hearings 42 CFR Part 440 FOR FURTHER INFORMATION CONTACT: There will be time limits on the [CMS–2132–P] Linda Peltz, (410) 786–3399. testimony allowed for persons testifying SUPPLEMENTARY INFORMATION: that will be established after receiving RIN 0938–AM26 Inspection of Public Comments: all requests to testify. In the written Medicaid Program; Provider Comments received timely will be comment period, the Office received Qualifications for Audiologists available for public inspection as they nearly 400 written comments. Given the are received, generally beginning time constraints, only a fraction of that AGENCY: Centers for Medicare & approximately 3 weeks after publication number could possibly testify at the Medicaid Services (CMS), HHS. of a document, at the headquarters of hearings. A timely request to testify ACTION: Proposed rule. the Centers for Medicare & Medicaid does not guarantee an opportunity to Services, 7500 Security Boulevard, testify at these hearings. The Copyright SUMMARY: This proposed rule would Baltimore, Maryland 21244, Monday Office encourages parties with similar revise the requirements for audiologists through Friday of each week from 8:30 interests to select common furnishing services under the Medicaid a.m. to 4 p.m. To schedule an representatives to testify on behalf of a program. In addition, it would create appointment to view public comments, particular position. consistency with the Medicare phone (410) 786–7195. The Copyright Office stresses that requirements that define a qualified Copies: This Federal Register factual arguments are at least as audiologist by recognizing the role of document is also available from the important as legal arguments and State licensure in determining provider Federal Register online database encourages persons who wish to testify qualifications. These revised standards through GPO Access, a service of the to provide demonstrative evidence to would expand State flexibility in U.S. Government Printing Office. The supplement their testimony. While choosing qualified audiologists. Web site address is: http:// testimony from attorneys who can DATES: We will consider comments if www.access.gpo.gov/nara/index.html. articulate legal arguments in support of we receive them at the appropriate or opposition to a proposed exempted address, as provided below, no later I. Background class of works is useful, testimony from than 5 p.m. on June 2, 2003. A. Legislation witnesses who can explain and ADDRESSES: In commenting, please refer demonstrate the facts is also solicited. to file code CMS–2132–P. Because of Medicaid Requirements Any electronic or audiovisual staff and resource limitations, we cannot Title XIX of the Social Security Act equipment necessary for a presentation accept comments by facsimile (FAX) (the Act) authorizes Federal grants to or demonstration at these California transmission or e-mail. States for Medicaid programs that

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provide medical assistance to low- + Successfully completed 350 clock Medicare definition of qualified income families, the elderly, qualified hours of supervised clinical practicum audiologists. In addition, the pregnant minors, and persons with (or is in the process of accumulating introductory text of the legislation disabilities. The Medicaid program is that supervised clinical experience); entitled ‘‘The Medicaid Audiology Act jointly financed by the Federal and State + Performed not fewer than 9 months of 1999’’ (H.R. 1068); and the Committee governments and administered by the of supervised full-time audiology Report for FY 2001 Labor, Health and States. Within Federal rules, each State services after obtaining a master’s or Human Services, and Education chooses eligible groups of beneficiaries, doctoral degree in audiology or a related Appropriations bill (Report 106–645, types and ranges of services, payment field; and page 108), recommended that we adopt levels for services, and administrative + Successfully completed a national the Medicare definition of ‘‘qualified and operating procedures. The nature examination in audiology approved by audiologist’’ in the Medicaid program; and scope of a State’s Medicaid program the Secretary. that is, recognize the role of State is described in the State plan that the B. Current Medicaid Program licensure in determining provider State submits to us for approval. The Experience qualifications. The proponents plan is amended whenever necessary to recommending the change stated that Since its inception, the Medicaid reflect changes in Federal or State law, the Medicaid definition had not program has permitted States the option changes in policy, or court decisions. changed in over 20 years and predated of providing services for individuals Under section 1902(a)(10) of the Act, the national trend toward greater with speech, hearing, and language States must provide certain basic reliance on State determinations of disorders. Audiology services may be services. Section 1905(a)of the Act professional qualifications through provided in a variety of settings at the identifies categories of services States licensure. State discretion. States have the option may provide as medical assistance. of providing audiology services to their Last year, after repeated requests to Under the Medicaid program, services adult Medicaid population, but because reconcile the differing definitions, we for individuals with speech, hearing, of the mandatory Early and Periodic agreed to consider possibilities for and language disorders historically have Screening, Diagnostic, and Treatment changing the Medicaid regulations to been permitted under the Secretary’s (EPSDT) program, must provide bring them into closer conformity with discretionary authority under section audiology services to Medicaid eligible the Medicare requirements by 1905(a)(11) of the Act. In our persons under 21 years of age who have recognizing State licensure in defining a regulations, at 42 CFR 440.110(c), we been evaluated and found in need of the qualified audiologist in a manner that require that the beneficiary be referred service. In fact, Medicaid pays for a would not compromise State flexibility by a physician or other licensed substantial number of medical services and quality of care. practitioner of the healing arts within provided to children with disabilities in We began by conducting meetings the scope of his or her practice under schools (‘‘school-based services’’) with stakeholders and interviewing State law for services furnished by, or according to the Individuals with national organizations to determine the under the direction of, a qualified Disabilities Education Act (IDEA) (Pub. implications that this change would audiologist or speech pathologist. As L. 105–17, enacted on June 4, 1997). Our have on Medicaid programs, providers, currently defined at § 440.110(c)(2), an current regulations at § 440.110(c)(2), and beneficiaries. Based on the audiologist or speech pathologist is an require audiologists to hold a certificate information gained from those individual who has a certificate of of clinical competency from ASHA, or encounters, we now believe it is clinical competence from the American its equivalent, to furnish audiology possible to enact a change to the Speech-Language-Hearing Association services. Current regulations also permit Medicaid definition of qualified (ASHA); completed the equivalent services to be provided under the audiologist to recognize the role of State educational requirements and work direction of a qualified (ASHA certified) licensure, while simultaneously experience necessary for the certificate; audiologist. incorporating standards that address our or completed the academic program and concerns regarding quality standards of is acquiring supervised work experience C. Consistency with Medicare Program care. to qualify for the certificate. Before the Social Security The requirements proposed in this Medicare Requirements Amendments of 1994 (Pub. L. 103–432, rule reflect our goal of maintaining enacted on October 31, 1994), the Medicaid’s quality standards while Section 1861(ll)(2) of the Act defines Medicare and Medicaid regulations both simultaneously being responsive to audiology services to include hearing required speech pathologists and States, stakeholders, and beneficiaries. and balance assessment services audiologists to meet the academic and Our proposed provider standards furnished by a qualified audiologist, as clinical experience requirements for a recognize the role of State licensure in the audiologist is legally authorized to Certificate of Clinical Competence determining provider qualifications, perform under State law. Section granted by ASHA. In accordance with while preserving the State’s flexibility 1861(ll)(3)(B) then identifies the section 146 of the Social Security and professional industry standards that minimum qualifications that a qualified Amendments of 1994, Medicare revised aid in ensuring quality services to all audiologist must have to participate in its statutory requirements for speech Medicaid beneficiaries. the Medicare program by defining a pathologists and audiologists, removing ‘‘qualified audiologist’’ as an individual II. Provisions of the Proposed the requirement for ASHA certification Regulations with a master’s or doctoral degree and and placing primary reliance for who— determining provider qualifications on This proposed rule only addresses the • Is licensed as an audiologist by the State licensure. qualifications of audiologists as defined State in which the individual furnished After the revision of the Medicare under § 440.110(c)(2). At this time, we those services; or requirements in 1994, we began do not propose to change the • In the case of an individual who receiving letters from audiology requirements under this section furnishes services in a State that does professionals and interested parties pertaining to qualified speech-language not license audiologists, has— recommending that we adopt the pathologists.

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We are proposing to make the States that either exempt audiologists whether an information collection following revisions to the regulations: from licensure or that do not license should be approved by OMB, section • In § 440.110(c)(2), to define audiologists at all. 3506(c)(2)(A) of the Paperwork audiologists separately from speech Reduction Act of 1995 requires that we ‘‘Under the Direction of’’ pathologists. solicit comment on the following issues: • To add a new § 440.110(c)(3) to To afford States the flexibility they • The need for the information define ‘‘qualified audiologist’’. ‘‘A currently have under Medicaid to collection and its usefulness in carrying qualified audiologist means an determine qualified providers, we plan out the proper functions of our agency. individual with a master’s or doctoral to retain the alternative requirement for • The accuracy of our estimate of the degree in audiology who— providers who are not themselves information collection burden. (i) Is licensed as an audiologist to qualified audiologists to work ‘‘under • perform those services by the State in the direction of’’ a qualified audiologist. The quality, utility, and clarity of which the individual furnishes those Section 440.110(c)(1) allows for services the information to be collected. services, providing that the State to be furnished by or ‘‘under the • Recommendations to minimize the licensure requirements meet or exceed direction of’’ a qualified audiologist. information collection burden on the the requirements in paragraph This means an individual who is affected public, including automated (c)(3)(ii)(A) or (c)(3)(ii)(B) of this working under the supervision of a collection techniques. section;’’. Federally qualified audiologist may We are soliciting public comment on (ii) In the case of an individual who furnish Medicaid audiology services. each of these issues for the provisions furnishes audiology services in a state We interpret the ‘‘under the direction summarized below that contain that does not license audiologists or that of’’ requirement to mean that a qualified information collection requirements: exempts audiologists practicing in audiologist who is directly affiliated § 440.110 Physical therapy, specific institutions or settings from with the entity providing audiology occupational therapy, and services for licensure, the individual must meet one services must supervise each individuals with speech, hearing, and of the following standards: beneficiary’s care. To meet this language disorders. (A) Has a Certificate of Clinical requirement, an audiologist must see the Section 440.100(c)(3)(iii) states that an Competence in Audiology granted by beneficiary initially, prescribe the type individual who provides Medicaid the American Speech-Language-Hearing of care provided, and review the need audiology services must maintain Association; or for continued services throughout documentation to demonstrate that they (B) Has successfully completed a treatment. The audiologist must assume meet the standard(s) set forth in this minimum of 350 clock-hours of professional responsibility for the section. While this requirement is supervised clinical practicum (or is in services provided and ensure that the subject to the PRA, we believe this the process of accumulating such services are medically necessary. The requirement is a usual and customary supervised clinical experience under concept of professional responsibility business activity and the burden the supervision of a qualified master or implicitly supports face-to-face contact associated with this requirement is doctoral-level audiologist), performed by the audiologist at least at the exempt from the PRA, as stipulated not less than 9 months of supervised beginning of treatment and periodically under 5 CFR 1320.3(b)(2) and (b)(3). full-time audiology services after thereafter. Thus, audiologists must If you comment on any of these obtaining a master’s or doctoral degree spend as much time as necessary information collection and record in audiology, or a related field, and directly supervising services to ensure keeping requirements, please mail successfully completed a national beneficiaries are receiving services in a copies directly to the following: examination in audiology approved by safe and efficient manner in accordance Centers for Medicare & Medicaid the Secretary. with accepted standards of medical Services, Office of Strategic Similar to Medicare’s statutory practice. revision in 1994, our proposed For an audiologist to be affiliated with Operations and Regulatory Affairs, regulation will remove the requirement an entity, there must be a contractual Room N2–17–23, 7500 Security for ASHA certification as the sole agreement or some other type of formal Boulevard, Baltimore, MD 21244– standard for determining provider arrangement between the audiologist 1850, Attn: John Burke CMS–2132–P, qualifications and will place primary and the entity which enumerates the and reliance on State licensing. audiologist’s supervisory obligations Office of Information and Regulatory Our goal in revising the Medicaid relating to the care provided to the Affairs, Office of Management and audiology provider qualification beneficiaries. Moreover, documentation Budget, Room 10235, New Executive standards is to make both programs’ must be kept supporting the Office Building, Washington, DC requirements consistent where possible audiologist’s supervision of services and 20503, Attn.: Brenda Aguilar, CMS– while also incorporating minimum ongoing involvement in the treatment. 2132–P. clinical and academic requirements that As stated above, we would retain the IV. Response to Comments reflect nationally recognized industry provision regarding services provided professional standards. In doing so, we under the direction of an audiologist. Because of the large number of items seek to ensure that regardless of where of correspondence we normally receive the Medicaid beneficiary receives the III. Collection of Information on Federal Register documents audiology services, the services would Requirements published for comment, we are not able be provided by highly trained Under the Paperwork Reduction Act to acknowledge or respond to them professionals. of 1995, we are required to provide 60- individually. We will consider all To accomplish this goal, our proposed day notice in the Federal Register and comments we receive by the date and requirements differ from Medicare’s solicit public comment before a time specified in the DATES section of through the inclusion of minimum collection of information requirement is this preamble, and, if we proceed with provider academic and clinical submitted to the Office of Management a subsequent document, we will practicum standards applicable in States and Budget (OMB) for review and respond to the major comments in the that license audiologists, as well as in approval. In order to fairly evaluate preamble to that document.

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V. Regulatory Impact Statement publish an initial regulatory flexibility recognized by states and is widely used analysis for proposed regulations unless to provide audiology services to A. Overall Impact the Secretary certifies that the children through school-based services We have examined the impacts of this regulations would not have a significant programs. Because the proposed rule rule as required by Executive Order impact on a substantial number of small retains the ability for audiology services 12866 (September 1993), Regulatory entities. For purposes of the RFA, we do to be provided ‘‘under the direction of,’’ Planning and Review), the Regulatory not consider States or individuals to be the changes proposed in this rule would Flexibility Act (RFA) (September 16, small entities. not have an impact on how States 1980, Pub. L. 96–354), section 1102(b) of The RFA requires agencies to analyze currently provide services to their the Social Security Act, the Unfunded options for regulatory relief of small Medicaid populations. Therefore, small Mandates Reform Act of 1995 (Pub. L. businesses. For purposes of the RFA, rural hospitals would not be affected. 104–4), and Executive Order 13132. small entities include small businesses, Section 202 of the Unfunded Executive Order 12866 directs nonprofit organizations, and Mandates Reform Act of 1995 also agencies to assess all costs and benefits government agencies. Most hospitals requires that agencies assess anticipated of available regulatory alternatives, and and most other providers and suppliers costs and benefits before issuing any if regulation is necessary, to select are small entities, either by nonprofit rule that may result in expenditures in regulatory approaches that maximize status or by having revenues of $6 any 1 year by State, local, or tribal net benefits (including potential million to $29 million in any 1 year. For governments, in the aggregate, or by the economic, environmental, public health purposes of the RFA, audiologists that private sector, of $110 million. We do and safety effects, distributive impacts, generate total revenues of $6 million or not anticipate this rule would have an and equity). A regulatory impact less in any 1 year are considered to be effect on the States, local or tribal analysis (RIA) must be prepared for small entities. The Small Business governments, or on private sector costs. major rules with economically Administration categorizes small As we stated earlier, this regulation significant effects ($100 million or more businesses for Audiologists along with would give States more flexibility in annually). physical, occupational, and speech determining qualified audiologists We are unable to provide a specific therapists. The total number of thereby giving them the ability to dollar estimate of the economic impact providers within this category that have choose from a larger provider pool of this proposed regulation would have on total revenues of between $5 million ‘‘qualified’’ individuals. However, State and local governments and and $7.5 million or less in any one year because we expect the primary users of participating providers. Because the is 23,823 that they consider small Medicaid audiology services, such as, flexibility permitted under Medicaid businesses. Those firms and children and seniors, to remain fairly allows States to provide audiology establishments with total revenue above constant, we do not anticipate any under various Medicaid benefits, it is $7.5 million are not considered small significant increase in the use of not possible to capture accurate businesses according to the SBA. audiology services due to this proposed expenditure data. Therefore, approximately 0.92 percent rule. In addition, because Medicaid We have determined, however, that of audiologist would be considered audiology services are optional for states this proposed rule is not a major rule small businesses. For further to provide to their Medicaid under Executive Order 12866, and the information on the SBA size standards populations, many states choosing to do Secretary certifies that this proposed see 65 FR 69432. Individuals and States so limit utilization in some manner. In rule would not have a significant are not included in the definition of a addition, many states limit the use of economic impact on a substantial small entity. optional services such as audiology in number of small entities. We have made In addition, section 1102(b) of the Act favor of mandatory Medicaid benefits. this determination because while we requires us to prepare a regulatory States providing audiology services to believe this rule would permit States to impact analysis if a rule may have a children under the EPSDT program have more flexibility in determining significant impact on the operations of primarily do so a part of their school- who is qualified to provide audiology a substantial number of small rural based services program under IDEA. services, we do not anticipate any hospitals. Such an analysis must Since all 50 states currently have a increase in States’ use of audiology conform to the provisions of section 603 school based services program in services due to this regulation. Section of the RFA. For purposes of section operation, we do not anticipate this rule 804(2) of title 5, United States Code (as 1102(b) of the Act, we define a small to have any significant effect on added by section 251 of Pub. L. 104– rural hospital as a hospital that is audiology services provided to 121), specifies that a ‘‘major rule’’ is any located outside a Metropolitan Medicaid children. Additionally, rule that the Office of Management and Statistical Area and has fewer than 100 recognizing that states currently use the Budget finds is likely to result in— beds. This rule will not have a flexibility permitted in the Medicaid • An annual effect on the economy of significant impact on small rural law to provide audiology services $100 million or more; hospitals. The Medicaid program ‘‘under the direction of’’ a qualified • A major increase in costs or prices permits States the flexibility to provide audiologist, we expect states will for consumers, individual industries, audiology services under a variety of continue to do so by providing Federal, State, or local government mandatory and optional benefits. The audiology services using individuals agencies, or geographic regions; or majority of States do so, mainly as either working under the supervision of • Significant adverse effects on independent practitioner services, as qualified audiologists. competition, employment, investment part of a nursing facility service or Executive Order 13132 establishes productivity, innovation, or on the community-based clinic services, or as certain requirements that an agency ability of United States-based part of their home health or school- must meet when it promulgates a enterprises in domestic and export based services programs. In addition, proposed rule (and subsequent final markets. current Medicaid rules permit States the rule) that imposes substantial direct In addition, consistent with the flexibility to provide audiology services requirement costs on State and local Regulatory Flexibility Act (RFA) (5 by, or under the direction of, a qualified governments, preempts a State law, or U.S.C. 601 through 612), we prepare and audiologist. This provider flexibility is otherwise has federalism implications.

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We do not believe this proposed rule in licensure that meets Medicare- a significant impact on the operations of any way would impose substantial equivalent standards, equivalency a substantial number of small rural direct compliance costs on State and rulings are no longer necessary or hospitals. local governments or preempts or required. We believe States would look In accordance with the provisions of supersedes State or local law. This favorably on the elimination of Executive Order 12866, this regulation proposed rule would permit States to equivalency rulings since they proved was reviewed by the Office of use State licensed audiologists to administratively burdensome and time- Management and Budget. provide Medicaid audiology services, consuming to obtain. List of Subjects in 42 CFR Part 440 thereby giving them increased flexibility C. Alternatives Considered in providing Medicaid audiology Grant programs—Health, Medicaid. services. In addition, after researching In developing the policies set forth in For the reasons set forth in the national audiology usage and reviewing this proposed rule, we met with preamble, the Centers for Medicare & States’ currently approved Medicaid professional organizations and Medicaid Services would amend 42 CFR States Plans, we anticipate that most, if interested parties to solicit their ideas chapter IV, part 440 as set forth below: not all, qualified audiologists currently and concerns. We also worked with our enrolled in the Medicaid program national regional office Staffs to review PART 440—SERVICES: GENERAL would continue to be qualified as a currently approved Medicaid state plans PROVISIONS result of the continued flexibility for information on the provision of Subpart A—Definitions proposed in this rule. We also anticipate audiology services in States’ Medicaid that States will continue to provide programs. We considered the role of 1. The authority citation for part 440 audiology services by using the audiology services in the Medicaid continues to read as follows: additional flexibility already granted program and the potential impact changes in the standards for audiology Authority: Sec. 1102 of the Social Security under the Medicaid program to provide Act (42 U.S.C. 1302). audiology services using individuals providers would have overall. We meeting State provider qualifications considered several options that 2. In § 440.110(c), the introductory and working within State practice acts included (1) no change to the current text of paragraph (c)(2) is revised, and ‘‘under the direction of’’ a qualified Medicaid audiology requirements, (2) a new paragraph (c)(3) is added to read Medicaid audiologist. We believe the retain current requirements but issue as follows: updated policy guidance on issues such additional flexibility proposed in this § 440.110 Physical therapy, occupational rule to recognize State licensure will as provider equivalency authority, (3) therapy, and services for individuals with serve to enhance States ability to rewrite the current Medicaid regulations speech, hearing, and language disorders. provide services. We do not, however, to adopt the current Medicare requirements, and (4) rewrite the * * * * * anticipate this rule will have a (c) Services for individuals with significant affect on the actual provision current Medicaid regulations to adopt the Medicare standards, but with speech, hearing, and language of audiology services in State Medicaid disorders. programs and therefore does not have minimum standards that would apply in Federalism implications. States that do not license or that exempt * * * * * some practitioners from State licensure (2) A ‘‘speech pathologist’’ is an B. Anticipated Effects requirements. individual who— We anticipate this proposed rule will After much research and * * * * * give States increased flexibility in consideration of the impact of each of (3) A ‘‘qualified audiologist’’ means determining who is a Medicaid the options, we concluded that option an individual with a master’s or qualified audiologist. We also anticipate 4—the standards proposed in this rule— doctoral degree in audiology who—(i) Is that the quality care standards proposed best satisfy the commitment made by licensed as an audiologist to perform in this rule would help ensure that the Secretary and address the request those services by the State in which the Medicaid audiology services continue to raised by interested parties to conform individual furnishes those services, be provided by, or under the direction the definition of a qualified audiologist providing that the State licensure of, highly qualified and trained under the Medicare and Medicaid requirements meet or exceed those in individuals. Additionally, we believe programs by recognizing the role of state paragraph (c)(3)(ii)(A) or (c)(3)(ii)(B) of conforming the Medicare and Medicaid licensure as a Medicaid provider this section; provider requirements would help requirement. We also concluded that the (ii) In the case of an individual who eliminate any confusion providers may standards proposed in this rule best furnishes audiology services in a State experience in complying with Federal continue to recognize states rights under that does not license audiologists, or rules and help reduce or eliminate Medicaid by retaining program that exempts audiologists practicing in conflict where audiologists provide flexibility while at the same time also specific institutions or settings from services to both the Medicaid and building in quality standards that licensure, the individual must meet one Medicare populations (such as in continue to ensure Medicaid services of the following standards: nursing facilities or through home are provided to all Medicaid-eligible (A) Have a Certificate of Clinical health care agency providers). individuals by recognized, highly Competence in Audiology granted by Additionally, this proposed rule also trained professionals. the American Speech-Language-Hearing serves to eliminate inconsistencies in Association; or Medicaid provider standards by no D. Conclusion (B) Have successfully completed a longer recognizing equivalency rulings. For the reason stated above, we are minimum of 350 clock-hours of Under the current Medicaid rules, states not preparing analyses for either the supervised clinical practicum (or is in can seek equivalency rulings from their RFA or section 1102(b) of the Act the process of accumulating that State Attorney General in instances because we have determined, and we supervised clinical experience under where they believe State licensure is certify, that this rule would not have a the supervision of a qualified master or equivalent to ASHA certification. Since significant economic impact on a doctoral-level audiologist), performed the proposed rule recognizes State substantial number of small entities or not fewer than 9 months of supervised

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full-time audiology services after L. VanBrakle, Secretary, Federal following Tuesday. The SERVCON obtaining a master’s or doctoral degree Maritime Commission, 800 North system currently has and will continue in audiology, or a related field, and Capitol Street, NW., Room 1046, to have the ability to identify such successfully completed a national Washington, DC 20573–0001, e-mail: corrected service contract filings. The examination in audiology approved by [email protected]. Bureau of Trade Analysis will continue the Secretary. FOR FURTHER INFORMATION CONTACT: to monitor filers’ use of the correction (iii) Individuals who provide Florence A. Carr, Director, Bureau of process; any abuse of the limited Medicaid audiology services must Trade Analysis, 202–523–5796, e-mail: permission in the proposed rule would maintain documentation to demonstrate [email protected]. be considered a violation of the that they meet the standard(s) set forth Commission’s regulations. Unlike the SUPPLEMENTARY INFORMATION: in this section. Section current regulations which provide for a 8(c) of the Shipping Act of 1984, as (Catalog of Federal Domestic Assistance process to make a retroactive correction amended by the Ocean Shipping Reform in the terms of a filed service contract Program No. 93.778, Medical Assistance Act of 1998 (‘‘OSRA’’), 46 U.S.C. app. Program) due to an oversight by the service 1707(c), and the Commission’s current contract parties,1 there is no Dated: November 26, 2003. service contract regulations, 46 CFR part Commission action involved in the Thomas A Scully, 530, subpart A, require service contracts process to correct electronic Administrator, Centers for Medicare & between shippers and ocean common transmission errors that are caused by Medicaid Services. carriers in the foreign commerce of the failures in the hardware or software United States to be filed electronically Approved: January 28, 2003. used by the filers. Therefore, no fee is with the Commission on a confidential Tommy G. Thompson, being proposed for use of this overwrite basis. Only an ‘‘authorized person,’’ as Secretary. function in the SERVCON system. defined in 46 CFR 530.3(c), can access Some examples of filer generated [FR Doc. 03–8021 Filed 3–31–03; 8:45 am] the confidential section of the transmission errors that could be BILLING CODE 4120–01–P Commission’s electronic service corrected under this restricted overwrite contract filing system, SERVCON, proposal are: Incorrect header available via the Commission’s website. information, a wrong service contract FEDERAL MARITIME COMMISSION Each individual service contract filer number, and a wrong file transmitted or must register with the Commission to uploaded. Examples of substantive 46 CFR Part 530 obtain a log-on identification and service contract changes that would not [Docket No. 03–03] password. Some carriers use individual employees as the authorized person to be allowed under the new proposed 46 Proposed Amendment to Service file their service contracts; however, the CFR 530.10(d) are: Changing rates, Contract Regulations majority of carriers authorize third deletion of a port or point to be served parties to make their service contract or a commodity to be carried under the AGENCY: Federal Maritime Commission. filings. The filings may consist of an contract; addition or deletion of a ACTION: Notice of proposed rulemaking. original service contract or an shipper entitled to access the service amendment to an existing service contract, and modification of the SUMMARY: The Federal Maritime duration or minimum quantity Commission proposes to amend its contract. There are currently more than 200 persons registered to transmit commitment of the contract. Instead, regulations on the electronic filing of these types of changes should continue service contracts for ocean service contract filings on behalf of 150 vessel-operating common carriers. to be made as ‘‘amendments’’ under 46 transportation under the Shipping Act CFR 530.10(b) or, if retroactivity is of 1984 (‘‘Shipping Act’’) (46 U.S.C. Current regulations provide for the amendment, correction, and deemed necessary, by filing a request for app. 1701 et seq.), as amended by the permission to correct a clerical or Ocean Shipping Reform Act of 1998 cancellation of service contract filings (46 CFR 530.10). The Commission, administrative error in the terms of a (‘‘OSRA’’), to add a provision which filed service contract under 46 CFR would permit persons authorized to however, has become aware of a need to provide filers the ability to correct 530.10(c). transmit electronically service contract Under the proposed rule, the filings for vessel-operating common purely electronic ‘‘transmission errors’’ made when filing either the original SERVCON system would be modified to carriers, conferences and agreements, to accept only corrected service contracts correct within 48 hours an original service contract or an amendment to a service contract into SERVCON, or that the filer identifies as such and for service contract filing or an amendment which the filer provides a description of that is defective due to electronic errors made in the process of converting the service contract filing into electronic the changes being made by the transmission errors. The revision would correction process. A new field would allow a ‘‘corrected transmission’’ of the format for submission to the SERVCON system. Since the start of SERVCON in be added to the online database as a original service contract or amendment checkbox for the filer to identify the submission to be designated as such and May 1999, filers have withdrawn or overwritten these errors. filed in the Commission’s electronic 1 Under the proposed rule, only errors Either party to a service contract may request service contract filing system, permission to correct a clerical or an administrative resulting from electronic transmission SERVCON. error in a filed service contract pursuant to 46 CFR and data conversion for SERVCON 530.10(c). The request must be submitted within 45 DATES: Submit comments no later than format may be corrected. Corrections to days of the contract’s filing and accompanied by a May 2, 2003. Submit an original and 15 service fee of $276. Further, a letter of transmittal, an initial filing would be allowed affidavit, supporting documentation, and copies of any comments (paper), or e- within 48 hours from the time and date concurrence statement must be included with the mail comments as an attachment in of receipt recorded in SERVCON request. Upon approval of a request for permission WordPerfect 8, Microsoft Word 97, or (excluding Saturdays, Sundays and legal to correct a clerical error, an Order is issued (under earlier versions of these applications. delegated authority to the Director, Bureau of Trade public holidays). For example, an initial Analysis) (see 46 CFR 501.26(n)). The party filing ADDRESSES: Address all comments filing received at 5 p.m. on a Friday the contract then files an amendment providing for concerning this proposed rule to: Bryant must be corrected before 5 p.m. the the retroactive correction of the incorrect material.

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submission as a corrected service contain information collection error or a data conversion error in contract. If the filer fails to use this new requirements that require approval by transmitting a service contract filing or checkbox, the contract will be rejected the Office of Management and Budget an amendment thereto is permitted to because the SERVCON system will not under the Paperwork Reduction Act (44 file a Corrected Transmission (‘‘CT’’) of accept service contracts that have U.S.C. 3507 et seq.). The Chairman that filing within 48 hours of the date duplicate file names, service contract or certifies, pursuant to 5 U.S.C. 605, that and time of receipt recorded in amendment numbers. The system the proposed rule would not have a SERVCON (excluding Saturdays, would also flag resubmitted contracts significant impact on a substantial Sundays and legal public holidays). and would give a unique internal file number of small entities. This time-limited permission to correct name to the corrected filing for FMC an initial defective service contract List of Subjects in 46 CFR Part 530 monitoring purposes. A new separate filing is not to be used to make changes SERVCON field for filers to enter a Freight, Maritime carriers, Reporting in the original service contract rates, description of the corrections being and recordkeeping requirements. terms or conditions that are otherwise made is part of the proposed rule. For the reasons discussed in the provided for in paragraphs (b) and (c) of Comments are invited on the preamble, the Commission proposes to this section. The CT tab box in proposed rule, particularly from amend 46 CFR part 530 as follows: SERVCON must be checked at the time of resubmitting a previously filed registered authorized persons who make PART 530—SERVICE CONTRACTS electronic service contract filings in the service contract, and a description of the SERVCON system for or on behalf of 1. The authority citation for part 530 corrections made must be stated at the carriers. Comments identifying specific continues to read as follows: beginning of the corrected service transmission and data conversion errors Authority: 5 U.S.C. 553; 46 U.S.C. app. contract in a comment box. Failure to that result from a filer’s use of 1704, 1705, 1707, 1716. check the CT box and enter a SERVCON may enable the Commission description of the correction will result 2. Section 530.10 is amended by to make SERVCON more user friendly. in the rejection of a file with the same revising the section heading; by Comments are also solicited specifically name, since documents with duplicate redesignating paragraphs (d) and (e) as on any technical issues related to the file names, service contract and paragraphs (e) and (f) and by adding a proposed 48-hour window for making a amendment numbers are not accepted new paragraph (d) to read as follows: correction, as well as those arising from by SERVCON. the proposed procedure to include a § 530.10 Amendment, correction, * * * * * description of the changes being made cancellation, and electronic transmission in the corrected submission. errors. By the Commission. The Commission has determined that * * * * * Theodore A. Zook, this regulation is not a significant (d) Electronic transmission errors. An Assistant Secretary. regulatory action as defined in authorized person who experiences a [FR Doc. 03–7693 Filed 4–1–03; 8:45 am] Executive Order 12866. It also does not purely technical electronic transmission BILLING CODE 4730–01–P

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Notices Federal Register Vol. 68, No. 63

Wednesday, April 2, 2003

This section of the FEDERAL REGISTER ADDRESSES: You may submit comments 510 South 17th Street, Suite 104, Ames, contains documents other than rules or by postal mail/commercial delivery or IA 50010; phone (515) 232–5785. proposed rules that are applicable to the by e-mail. If you use postal mail/ SUPPLEMENTARY INFORMATION: Under the public. Notices of hearings and investigations, commercial delivery, please send four Virus-Serum-Toxin Act (21 U.S.C. 151 committee meetings, agency decisions and copies of your comment (an original and rulings, delegations of authority, filing of et seq.), a veterinary biological product petitions and applications and agency three copies) to: Docket No. 03–037–1, must be shown to be pure, safe, potent, statements of organization and functions are Regulatory Analysis and Development, and efficacious before a veterinary examples of documents appearing in this PPD, APHIS, Station 3C71, 4700 River biological product license may be section. Road Unit 118, Riverdale, MD 20737– issued. A field test is generally 1238. Please state that your comment necessary to satisfy prelicensing refers to Docket No. 03–037–1. If you requirements for veterinary biological DEPARTMENT OF AGRICULTURE use e-mail, address your comment to products. Prior to conducting a field test [email protected]. Your on an unlicensed product, an applicant Animal and Plant Health Inspection comment must be contained in the body must obtain approval from the Animal Service of your message; do not send attached and Plant Health Inspection Service [Docket No. 03–037–1] files. Please include your name and (APHIS), as well as obtain APHIS’ address in your message and ‘‘Docket authorization to ship the product for Availability of an Environmental No. 03–037–1’’ on the subject line. field testing. Assessment for Field Testing West You may read the environmental To determine whether to authorize Nile Virus Vaccine assessment, the risk analysis (with shipment and grant approval for the confidential business information field testing of the unlicensed product AGENCY: Animal and Plant Health removed), and any comments that we Inspection Service, USDA. referenced in this notice, APHIS receive in our reading room. The conducted a risk analysis to assess the ACTION: Notice. reading room is located in room 1141 of potential effects of this product on the SUMMARY: We are advising the public the USDA South Building, 14th Street safety of animals, public health, and the that the Animal and Plant Health and Independence Avenue SW., environment. Based on the risk analysis, Inspection Service has prepared an Washington, DC. Normal reading room APHIS has prepared an environmental environmental assessment concerning hours are 8 a.m. to 4:30 p.m., Monday assessment (EA) concerning the field authorization to ship for the purpose of through Friday, except holidays. To be testing of the following unlicensed field testing, and then to field test, an sure someone is there to help you, veterinary biological product: unlicensed West Nile Virus Vaccine for please call (202) 690–2817 before Requester: Merial Limited. use in horses. The environmental coming. Product: West Nile Virus Vaccine, assessment, which is based on a risk You may request a copy of the Live Canarypox Vector, Code 1991.R0. analysis prepared to assess the risks environmental assessment (as well as Field Test Locations: Montana, associated with the field testing of this the risk analysis with confidential Missouri, Oklahoma, Tennessee, Iowa, vaccine, examines the potential effects business information removed) by and Florida. that field testing this veterinary vaccine writing to Dr. Eleanor V. Eagly, USDA, The above-mentioned product is a could have on the quality of the human APHIS, VS, CVB–LPD, 510 South 17th canarypox-vectored recombinant environment. Based on the risk analysis, Street, Suite 104, Ames, IA 50010, or by vaccine containing genes of the West we have reached a preliminary calling (515) 232–5785. Please refer to Nile virus. The vaccine is for use in determination that field testing this the docket number, date, and complete horses as an aid in the prevention of veterinary vaccine will not have a title of this notice when requesting viremia associated with West Nile virus significant impact on the quality of the copies. infection. human environment, and that an APHIS documents published in the The EA has been prepared in environmental impact statement need Federal Register, and related accordance with: (1) The National not be prepared. We intend to authorize information, including the names of Environmental Policy Act of 1969 shipment of this vaccine for field testing organizations and individuals who have (NEPA), as amended (42 U.S.C. 4321 et following the close of the comment commented on APHIS dockets, are seq.), (2) regulations of the Council on period for this notice unless new available on the Internet at http:// Environmental Quality for substantial issues bearing on the effects www.aphis.usda.gov/ppd/rad/ implementing the procedural provision of this action are brought to our webrepor.html. of NEPA (40 CFR parts 1500–1508), (3) attention. We also intend to issue a U.S. FOR FURTHER INFORMATION CONTACT: Dr. USDA regulations implementing NEPA Veterinary Biological Product license for Albert P. Morgan, Chief Staff Officer, (7 CFR part 1b), and (4) APHIS’ NEPA this vaccine, provided the field test data Operational Support Section, Center for Implementing Procedures (7 CFR part support the conclusions of the Veterinary Biologics, Licensing and 372). environmental assessment and the Policy Development, VS, APHIS, 4700 Unless substantial issues with adverse issuance of a finding of no significant River Road Unit 148, Riverdale, MD environmental impacts are raised in impact and the product meets all other 20737–1231; phone (301) 734–8245; fax response to this notice, APHIS intends requirements for licensure. (301) 734–4314. For information to issue a finding of no significant DATES: We will consider all comments regarding the environmental assessment impact (FONSI) based on the EA and that we receive on or before May 2, or the risk analysis, contact Dr. Eleanor authorize shipment of the above product 2003. V. Eagly, USDA, APHIS, VS, CVB–LPD, for the initiation of field tests following

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the close of the comment period for this institutions; State, Local, or Tribal SUPPLEMENTARY INFORMATION: notice. government. I. Abstract Because the issues raised by field Frequency: Biannually. testing and by issuance of a license are Respondent’s Obligation: Voluntary. Under the Rehabilitation Act of 1973, identical, APHIS has concluded that the OMB Desk Officer: David Rostker, Federal agencies must provide EA that is generated for field testing (202) 395–3897. reasonable accommodation to qualified would also be applicable to the Copies of the above information employees or applicants with proposed licensing action. Provided that collection proposal can be obtained by disabilities, unless to do so would cause the field test data support the calling or writing Diana Hynek, the undue hardship. Unless an conclusions of the original EA and the Departmental Paperwork Clearance accommodation would pose an undue issuance of a FONSI, APHIS does not Officer, (202) 482–0266, Department of hardship, the Department will provide intend to issue a separate EA and FONSI Commerce, Room 6625, 14th and reasonable accommodation to a to support the issuance of the product Constitution Avenue, NW, Washington, qualified individual with a disability license, and would determine that an DC 20230 (or via the Internet at who is an: environmental impact statement need [email protected]). a. Applicant who needs an not be prepared. APHIS intends to issue Written comments and accommodation in order to be a veterinary biological product license recommendations for the proposed considered for a job (any change to a job for this vaccine following completion of information collection should be sent application process that enables a the field test provided no adverse within 30 days of publication of this qualified applicant with a disability to impacts on the human environment are notice to David Rostker, OMB Desk be considered for the position such identified and provided the product Officer, Room 10202, New Executive qualified applicant desires); meets all other requirements for Office Building, Washington, DC 20503. b. Employee who needs an licensure. Dated: March 28, 2003. accommodation to enable him or her to perform the essential functions of the Gwellnar Banks, Authority: 21 U.S.C. 151–159. job or to gain access to the workplace Done in Washington, DC, this 27th day of Management Analyst, Office of the Chief (any change to the work environment, or Information Officer. March 2003. to the manner or circumstances under Peter Fernandez, [FR Doc. 03–7954 Filed 4–1–03; 8:45 am] which the position held or desired is Acting Administrator, Animal and Plant BILLING CODE 3510–21–P customarily performed, that enables a Health Inspection Service. qualified individual with a disability to [FR Doc. 03–7848 Filed 4–1–03; 8:45 am] DEPARTMENT OF COMMERCE perform the essential functions of that BILLING CODE 3410–34–P position); or Office of the Secretary, Office of Civil c. Employee who needs an Rights accommodation to enjoy equal benefits DEPARTMENT OF COMMERCE and privileges of employment (that Proposed Information Collection; which enables an employee with a Submission for OMB Review; Comment Request; Requests for disability to enjoy equal benefits and Comment Request Reasonable Accommodation privileges of employment as are enjoyed by other similarly situated employees The Department of Commerce has ACTION: Notice. without disabilities). submitted to the Office of Management Executive Order 13164 requires and Budget (OMB) for clearance the SUMMARY: The Department of Commerce Federal agencies to provide written following proposal for collection of (DOC), as part of its continuing effort to procedures for reasonable information under the provisions of the reduce paperwork and respondent accommodation for employees and Paperwork Reduction Act (44 U.S.C. burden, invites the general public and applicants. Records must be maintained Chapter 35). other Federal agencies to comment on in order to evaluate the fair application Agency: Technology Administration. the continuing and proposed of the procedures for the DOC. To do so, Title: Commercial Space Launch information collection, as required by a form has been developed to comprise Range User Requirements. the Paperwork Reduction Act of 1995, the report for each reasonable Form Number(s): None. Public Law 104–13 (44 U.S.C. accommodation request. OMB Approval Number: 0692–0009. 3506(c)(2)(A)). In order to ensure that the DOC Type of Review: Regular submission. DATES: Written comments must be process requests for reasonable Burden Hours: 35. submitted on or before June 2, 2003. accommodation in a fair, timely and Number of Respondents: 7. ADDRESSES: Direct all written comments equitable manner, applicants for Average Hours Per Response: 10. employment and current employees are Needs and Uses: The information to Diana Hynek, Departmental Forms Clearance Officer, Department of asked to verify their requests in writing collected would allow the DOC, Office by using form CD 575. of Space Commercialization (DOC/OSC) Commerce, Room 6625, 14th and and the Federal Aviation Constitution Avenue, NW., Washington, II. Method of Collection Administration (FAA) to follow the DC 20230 (or via the Internet at [email protected]). The information shall be collected terms of a Memorandum of Agreement through the use of a paper form and (MOA) with the U.S. Air Force to ensure FOR FURTHER INFORMATION CONTACT: available on the Internet. consideration of commercial space Requests for additional information launch users’ needs in the Air Force’s should be directed to the attention of III. Data range modernization planning. The Brenda Brittain, Disability Program OMB Number: None. collection instrument will be a Federal Manager, Office of Civil Rights, at 202 Form Numbers: CD Form 575. Register announcement. 482–8183. In addition, written Type of Review: Regular submission. Affected Public: Business or other for- comments may be sent via the Internet Affected Public: Individuals or profit organizations; not-for-profit to [email protected]. households.

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Estimated Number of Respondents: Regulations (currently codified at 15 Fortenberry dated Oct. 22, 2002, Nov. 20. CFR parts 730–774(2002)) (‘‘EAR’’),1 11, 2002; and Dec. 13, 2002. Finally, Estimated Time Per Response: 7 temporarily denying all U.S. export BIS’s evidence revealed an additional minutes. privileges of Yaudat Mustafa Talyi, illegal export of oil field equipment in Estimated Total Annual Respondent a.k.a. Joseph Talyi, 800 Cross Gates October of 2001. See id. at 7; see also Burden Hours: 2. Boulevard, Slidell, Louisiana 70458 BIS’s Response at 4–5. Estimated Total Annual Respondent (‘‘Talyi’’), and International Business OEE established when the TDO was Cost Burden: $0. Services, Ltd., 700 Gause Boulevard, issued on September 30, 2002, that Top Suite 304, Slidell, Louisiana 70458, 41 Oil Tools, Ltd., 41 Chamale Cove East, IV. Request for Comments Chamale Cove East, Slidell, Louisiana Slidell, Louisiana 70460, is related by Comments are invited on: (a) Whether 70460, and 2301 Covington Highway its ownership, control, affiliation, and the proposed collection of information 190, Slidell, Louisiana 70460, (‘‘IBS’’). connection with Talyi and IBS such that is necessary for the proper performance BIS has also requested, pursuant to it should be considered a related person of the functions of the agency, including §§ 766.24(c) and 766.23 of the EAR, that under the terms of this order. See BIS’s whether the information will have I continue the temporary denial order Request at 8; see also Articles of practical utility; (b) the accuracy of the (‘‘TDO’’) as to the following person who Incorporation of Top Oil Tools dated agency’s estimate of the burden is related to IBS and Talyi: Top Oil Dec. 10, 1999. Top Oil Tools, Ltd. is a (including hours and cost) of the Tools, Ltd., 41 Chamale Cove East, business owned and operated by Talyi, proposed collection of information; (c) Slidell, Louisiana 70460. BIS states in it is located at the same address, and it ways to enhance the quality, utility, and its request that, based upon evidence has participated in some of the clarity of the information to be previously adduced that was the basis transactions in this matter. See id. This collected; and (d) ways to minimize the for the issuance of the September 30, relationship continues to exist. See burden of the collection of information 2003, TDO and evidence developed Certificate of Incorporation of Top Oil on respondents, e.g., the use of since that time, it believes that Talyi, Tools from Louisiana Secretary of State automated collection techniques or acting through his company IBS, has dated Jan. 7, 2003. Consequently, it is other forms of information technology. continued to export and participate in necessary to continue to name Top Oil Comments submitted in response to the attempted export of items in Tools, Ltd. as a person related to Talyi this notice will be summarized or violation of the TDO in such a manner and IBS in order to prevent evasion of included in the request for OMB that suggests a likelihood that violations the terms and conditions of this order. approval of this information collection; will occur again absent a renewal of the On March 24, 2003, an attorney they also will become a matter of public TDO. Specifically, the evidence representing Talyi filed a timely record. indicates that after the TDO was issued opposition to OEE’s request that I renew the TDO. See letter from Frank G. Dated: March 28, 2003. on September 30, 2002, Talyi attempted to violate the terms of the TDO by DeSalvo to Lisa A. Prager dated March Gwellnar Banks, attempting to engage in an export 24, 2003. that opposition questioned the Management Analyst, Office of the Chief transaction and making it as one in weight of OEE’s evidence that Talyi had Information Officer. which he played no role. See BIS’s violated the TDO and that Talyi has [FR Doc. 03–7955 Filed 4–1–03; 8:45 am] Request for TDO Renewal dated March participated in a illegal export of oil BILLING CODE 3510–BP–P 10, 2003, at 3–5 (‘‘BIS’s Request’’). In field equipment in October 2001. See id. fact, Talyi ordered and purchased the Talyi’s opposition was terse, items, had them shipped to the business conclusory, and presented no evidence DEPARTMENT OF COMMERCE address of IBS, and attempted to conceal to rebut the need for a renewal of the Bureau of Industry and Security the items in a shipment of personal TDO. See id. effects from a local gas station owned by In light of the evidence cited above, Action Affecting Export Privileges; his brother to his sister in the United OEE’s investigation demonstrates that Yaudat Mustaffa Talyi, a.k.a. Joseph Arab Emirates. See id; see also BIS’s Talyi, through his company IBS, has Talyi, and International Business Response dated March 26, 2003, at 3–4 committed or attempted to commit Services, Ltd. and Top Oil Tools, Ltd. (‘‘BIS’s Response’’). The evidence also repeated violations of U.S. export establishes that on at least three control laws, including the EAR and the In the matter of Yaudat Mustafa Talyi, occasions after the TDO was issued, TDO, that such violations have been a.k.a. Joseph Talyi, 888 Cross Gates Talyi attempted to convince a Louisiana deliberate and covert, and that, given Boulevard, Slidell, Louisiana 70458, and oil field equipment broker to coordinate the nature of the items shipped, future International Business Services, Ltd. 700 and manage exports of oil field parts on such violations could go undetected. In Gause Boulevard, Suite 304, Slidell, addition, a renewal of the TDO is Louisiana 70458, and 41 Chamale Cove East, Talyi’s behalf. See BIS’s Request at 5– Slidell, Louisiana 70460, and 2301 Covington 7; see also e-mails from Talyi to George needed to give notice to companies in Highway 190, Slidell, Louisiana 70460, the United States and abroad that they Respondents, and Top Oil Tools, Ltd., 41 1 From August 21, 1994 through November 12, should cease dealing with Talyi or IBS Chamale Cove East, Slidell, Louisiana 70460, 2000, the Act was in lapse. During that period, the in export transactions involving U.S.- related person. President, through Executive order 12924, which has been extended by successive Presidential origin items. such a TDO is clearly consistent with the public interest to Renewal of Order Temporarily Denying Notices, the last of which was August 3, 2000 (3 CFR, 2000 Com. 397 (2001)), continued the EAR in preclude future violations of the EAR. Export Privileges effect under the International Emergency Economic Accordingly, I am renewing this order Through the Office of Export Powers Act (50 U.S.C. 1701–1701 (2000)) (‘‘IEEPA’’). On November 13, 2000, the Act was because I have concluded that a TDO Enforcement (‘‘OEE’’), the Bureau of reauthorized and it remained in effect through continues to be necessary, in the public Industry and Security (‘‘BIS’’), U.S. August 20, 2001. Since August 21, 2001, the Act has interest, to prevent an imminent Department of Commerce, has requested been in lapse and the President, through Executive violation of the EAR. that I renew an order issued on Order 13222 of August 17, 2001 (3 CFR, 2001 It is therefore ordered: First, that Comp. 783 (2002)), as extended by the notice of September 30, 2002, pursuant to August 14, 2002 (67 FR 53721 (August 16, 2002)), Yaudat Mustafa Talyi, a.k.a. Joseph § 766.24 of the Export Administration has continued the EAR in effect under IEEPA. Talyi, 888 Cross Gates Boulevard,

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Slidell, Louisiana 70458 (‘‘Talyi’’), and reason to know that the item will be, or Entered this 26th day of March, 2003. International Business Services, Ltd., is intended to be, exported from the Lisa A. Prager, 700 Gause Boulevard, Suite 304, Slidell, United States; or Acting Assistant Secretary for Export Louisiana 70458, 41 Chamale Cove East, E. Engage in any transaction to service Enforcement. Slidell, Louisiana 70460, and 2301 any item subject to the EAR that has [FR Doc. 03–7858 Filed 4–1–03; 8:45 am] Covington Highway 190, Slidell, been or will be exported from the BILLING CODE 3510–DT–M Louisiana 70460 (‘‘IBS’’) (hereinafter United States and which is owned, collectively referred to as the ‘‘denied possessed or controlled by a person persons’’); and the following person subject to this order, or service any item, DEPARTMENT OF COMMERCE subject to the Order by its relationship of whatever origin, that is owned, to the denied person, Top Oil Tools, possessed or controlled by a person International Trade Administration Ltd., 41 Chamale Cove East, Slidell, subject to this order is such service Export Trade Certificate of Review Louisiana 70460 (the ‘‘related person’’) involves the use of any item subject to (together, the denied persons and the the EAR that has been or will be ACTION: Notice of issuance of an related person are ‘‘persons subject to exported from the United States. For this Order’’) may not, directly or amended Export Trade Certificate of purposes of this paragraph, servicing Review. indirectly, participate in any way in any means installation, maintenance, repair, transaction involving any commodity, modification or testing. SUMMARY: The Department of Commerce software or technology (hereinafter Third, that, in addition to the related issued an amended Export Trade collectively referred to as ‘‘item’’) person named above, after notice and Certificate of Review (‘‘Certificate’’) to exported or to be exported from the opportunity for comment as provided in the National Tooling and Machining United States that is subject to the section 766.23 of the EAR, any other Association (‘‘NTMA’’) on March 26, Export Administration Regulations person, firm, corporation, or business 2003. The original Certificate was issued (‘‘EAR’’), or in any other activity subject organization related to the denied on October 18, 1988 (53 FR 43140, to the EAR, including, but not limited person by affiliation, ownership, October 25, 1988), and last amended on to: A. Applying for, obtaining, or using control, or position of responsibility in March 7, 2002 (67 FR 11981, March 18, any license, License Exception, or the conduct of trade or related services 2002). export control document; may also be made subject to the FOR FURTHER INFORMATION CONTACT: B. Carrying on negotiations provisions of this Order. Jeffrey C. Anspacher, Director, Office of concerning, or ordering, buying, Fourth, that this Order does not Export Trading Company Affairs, receiving, using, selling, delivering, prohibit any export, reexport, or other International Trade Administration, by storing, disposing of, forwarding, transaction subject to the EAR where the phone at (202) 482–5131, (this is not a transporting, financing, or otherwise only items involved that are subject to toll-free number) or by E-mail at serving in any way, any transaction the EAR are the foreign-produced direct [email protected]. involving any item exported or to be product of U.S.-origin technology. SUPPLEMENTARY INFORMATION: Title III of exported from the United States that is In accordance with the provisions of the Export Trading Company Act of subject to the EAR, or in any other § 766.24(e) of the EAR, denied persons 1982 (15 U.S.C. 4001–21) authorizes the activity subject to the EAR; or may, at any time, appeal this Order by Secretary of Commerce to issue Export C. Benefitting in any way from any filing a full written statement in support Trade Certificates of Review. The transaction involving any item exported of the appeal with the Office of the regulations implementing title III are or to be exported from the United States Administrative Law Judge, U.S. Coast found at 15 CFR part 325 (2003). that is subject to the EAR, or in any Guard ALJ Docketing Center, 40 South The Office of Export Trading other activity subject to the EAR. Gay Street, Baltimore, Maryland 21202– Company Affairs is issuing this notice Second, that no person may, directly 4022. A related person may appeal to pursuant to 15 CFR 325.6(b), which or indirectly, do any of the following: the Administrative Law Judge at the requires the Department of Commerce to A. Export or reexport to or on behalf aforementioned address in accordance publish a summary of the Certificate in of a person subject to this Order any with the provisions of § 766.23(c) of the the Federal Register. Under section item subject to the EAR; EAR. B. Take any action that facilitates the 305(a) of the Export Trading Company This Order is effective immediately acquisition or attempted acquisition by Act of 1982 and 15 CFR 325.11(a), any upon expiration of the order issued on a person subject to this order of the person aggrieved by the Secretary’s September 30, 2002, or March 29, 2003, ownership, possession, or control of any determination may, within 30 days of and shall remain in effect for 180 days. item subject to the EAR that has been or the date of this notice, bring an action will be exported from the United States, In accordance with the provisions of in any appropriate district court of the including financing or other support § 766.24(d) of the EAR, BIS may seek United States to set aside the activities related to a transaction renewal of this Order by filing a written determination on the grounds that the whereby a person subject to this order request not later than 20 days before the determination is erroneous. expiration date. Talyi or IBS may acquires or attempts to acquire such Description of Amended Certificate ownership, possession or control; oppose a request to renew this Order by C. Take any action to acquire from or filing a written submission with the NTMA’s Certificate has been amended to facilitate the acquisition or attempted Assistant Secretary for Export so that the attached list constitutes the acquisition from a person subject to this Enforcement, which must be received ‘‘Members’’ of the Certificate within the order of any item subject to the EAR that not later than seven days before the meaning of section 325.2(1) of the has been exported from the United expiration date of the Order. Regulations (15 CFR 325.2(1)). The States. A copy of this Order shall be served effective date of the amended Certificate D. Obtain from a person subject to this on Talyi, IBS, and Top Oil Tools, Ltd., is January 6, 2003. A copy of the order in the Untied States any item and shall be published in the Federal amended Certificate will be kept in the subject to the EAR with knowledge or Register International Trade Administration’s

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Freedom of Information Records Acme Metal Works, Gilbert, AZ All-Tech Machining, Inc., Wilmer, AL Inspection Facility. Acraloc Corporation, Oak Ridge, TN Allen Aircraft Products, Inc., Ravenna, OH Acro Industries, Inc., Rochester, NY Allen Precision Industries, Inc., Asheboro, Dated: March 27, 2003. Acro Tool & Die Company, Inc., Akron, OH NC Jeffrey Anspacher, Actco Tool & Mfg. Co., Meadville, PA Allen Precision Machining Co., Angleton, TX Director, Office of Export Trading Company Action Die & Tool Inc., Wyoming, MI Allen Randall Enterprises, Inc., Akron, OH Affairs. Action Machine L.L.C., Glendale, AZ Alliance Machine Tool Co., Inc., Louisville, Action Mold & Machining, Inc., Grand KY Attachment Rapids, MI Allied Mechanical, Ontario, CA b & b Tool Company, Inc., Rockford, IL Action Precision Grinding Inc., North Allied Screw Products, Inc., Mishawaka, IN bmc Industries, Bakersfield, CA Tonawanda, NY Allied Tool & Die Company, LLC, Phoenix, A & A Industries, Inc., Peabody, MA Action SuperAbrasive Products, Brimfield, AZ A & A Machine Company, Inc., OH Allied Tool & Die, Inc., Cleveland, OH Southampton, PA Action Tool and Manufacturing, Inc., Allied Tool & Machine Company, A & A Machine Shop, Inc., La Marque, TX Rockford, IL Kernersville, NC A & B Aerospace, Inc., Azusa, CA Acucut, Inc., Southington, CT Allied Tool & Machine, Inc., Saginaw, MI A & B Machine Shop, Rockford, IL Acutec Precision Machining Inc., Allied Tools Of Texas, Houston, TX A & B Tool & Manufacturing Corp., Toledo, Saegertown, PA Alloy Metal Products, Livermore, CA OH Adams Engineering, Division of Allstate Tool & Die, Inc., Rochester, NY A & D Precision, Fremont, CA Manufacturing Technology, Inc., South Alpha Mold West Inc., Broomfield, CO A & E Custom Manufacturing Technologies, Bend, IN Alpha Mold, LLC, Huber Heights, OH Inc., Kansas City, KS Adaptive Technologies Inc., Springboro, OH Alpha Precision Machining Inc., Kent, WA A & E Machine Shop, Inc., Lone Star, TX Addison Precision Mfg. Corp., Rochester, NY Alpha Tooling, Inc., Santa Fe Springs, CA A & G Machine, Inc., Auburn, WA Adena Tool Corporation, Dayton, OH Alro Specialty Metals, St. Louis, MO A & S Tool & Die Company, Inc., Admill Machine Company, Newington, CT Alt’s Tool & Machine, Inc., Santee, CA Kernersville, NC Adron Tool Corporation, Menomonee Falls, Alton Products, Inc., Maumee, OH A A Precisioneering, Inc., Meadville, PA WI Alves Precision Engineered Products Inc., A B A Division, A B A—P G T, Inc., Advance Manufacturing Corp., Cleveland, Watertown, CT Manchester, CT OH Amatrol, Inc., Jeffersonville, IN A B C O Tool & Engineering, Phoenix, AZ Advanced Composite Products & Ambel Precision Mfg. Corp., Bethel, CT American Machine & Gundrilling Co., Inc., A B Heller, Inc., Milford, MI Technology, Inc. (ACPT Inc.), Huntington Maple Grove, MN A B R Enterprises Inc., Temple City, CA Beach, CA American Mfg. & Machining, Inc., Racine, WI A C Machine, Inc., Akron, OH Advanced Machine Inc., Rochester, NY American Precision Machining, Inc., A E Cole Die & Engraving, Columbus, OH Advanced Machine Programming, Morgan Phoenix, AZ A E Machine Works, Inc., Houston, TX Hill, CA American Precision Technologies, Inc., San Advanced Machining Corporation, Salisbury, A F C Tool Company, Inc., Subsidiary of F Fernando, CA C Industries, Dayton, OH NC American Tool & Die, Inc., Toledo, OH A I M Tool & Die, Grand Haven, MI Advanced Measurement Labs, Inc., Sun American Wire EDM, Inc., Placentia, CA A J L Manufacturing Company, Inc., Valley, CA Amerimold, Inc., Mogadore, OH Rochester, NY Advanced Mold & Tooling Inc., Rochester, Amity Mold Company, Tipp City, OH A M C Precision, Inc., N. Tonawanda, NY NY Anchor Lamina Inc., Madison Heights, MI A M Machine Company, Inc., Baltimore, MD Advanced Precision Engineering, Ipswich, Anders Machine and Engraving, Div. of Ad- A S C Corporation, Owings Mills, MD MA Tech Machine & Tool, Rochester, NY A. C. Cut-Off, Inc., Azusa, CA Advanced Tooling Specialists Inc., Menasha, Andrew Tool Company, Inc., Plymouth, MN A-G Tool & Die, Div. of Seilkop Industries, WI Anglo-American Mold, Inc., Louisville, KY Inc, Miamitown, OH Advanced Tooling Systems, Inc., Comstock Anmar Precision Components Inc., North A-Line Tool & Die, Inc., Louisville, KY Park, MI Hollywood, CA A-RanD, Inc., Phoenix, AZ Advantage Mold & Design, Meadville, PA Anmark Machine, Tempe, AZ Abbott Machine & Tool, Inc., Toledo, OH Aero Comm Machining, Wichita, KS Anoplate Corporation, Syracuse, NY Abbott Tool, Inc., Toledo, OH Aero Engineering & Mfg. Company, Valencia, Apex Machine Company, Ft. Lauderdale, FL Ability Tool Company, Rockford, IL CA Apex Machine Tool Company, Farmington, Able Wire EDM, Inc., Brea, CA Aero Gear, Inc., Windsor, CT CT Abrams Airborne Manufacturing, Inc., Aerostar Aerospace Inc., Phoenix, AZ Apex Precision Technologies, Inc., Camby, Tucson, AZ Aetna Machine Company, Cochranton, PA IN Absolute Grinding Co., Inc., Mentor, OH Aggressive Tool & Die, Inc., Buckner, KY Apex Tool & Manufacturing, Inc., Evansville, Absolute Turning & Machine, Tucson, AZ Aggressive Tool & Die, Inc., Coopersville, MI IN Acadiana Hydraulic Works, Inc., New Iberia, Ahaus Tool & Engineering, Inc., Richmond, Apollo E.D.M. Company, Fraser, MI LA IN Apollo Precision, Inc., Plymouth, MN Accu Die & Mold Inc., Stevensville, MI Aimco Precision, Inc., Phoenix, AZ Apollo Products Inc., Willoughby, OH Accu-Met Laser, Inc., Cranston, RI Ajax Tool, Inc., Fort Wayne, IN Applegate EDM, Inc., Dallas, TX Accu-Roll, Inc., Rochester, NY Akro Tool Co., Inc., Cincinnati, OH Applied Engineering, Inc., Yankton, SD Accudynamics, Inc., Middleboro, MA Akron Steel Fabricators Company, Akron, Arc Drilling Inc., Garfield Heights, OH Accura Industries, Inc., Rochester, NY OH Arco Industries, Inc., Dayton, OH Accurate Grinding & Mfg. Corp., & Accurate Akron Tool & Die Company, Inc., Akron, OH Arco Metals Corporation, Baltimore, MD Fishing Products, Corona, CA Albert Seisler Machine Corp., Mohnton, PA Ardekin Machine Company, Rockford, IL Accurate Machine Co. Inc., Indianapolis, IN Albertson & Hein, Inc., Wichita, KS Area Tool & Manufacturing, Inc., Meadville, Accurate Manufacturing Company, Glendale, Albion Machine & Tool Company, Albion, MI PA CA Alco Manufacturing, Inc., Santa Ana, CA Argo Tool Corporation, Twinsburg, OH Accurate Products Co., Tucson, AZ Alfred Manufacturing Company, Denver, CO Arkansas Tool & Die, Inc., No. Little Rock, Accurite Machine & Mfg. Inc., Louisville, KY Alger Machine Company, Inc., Rochester, NY AR Accutronics, Inc., Littleton, CO All Five Tool Company, Inc., Bristol, CT Arlington Machine & Tool Company, Ace Manufacturing Company, Cincinnati, OH All Tool Company, Union, NJ Fairfield, NJ Ace Specialty Company, Inc., Tonawanda, All Tools Company, Oklahoma City, OK Armin Tool & Manufacturing Co., Inc., South NY All Tools Texas, Inc., Houston, TX Elgin, IL Ackley Machine Corporation, Moorestown, All Weld Machine, Milpitas, CA Armstrong Machine Works, Inc., Rogersville, NJ All-Tech Machine & Eng., Inc., Fremont, CA TN

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Armstrong Mold, Machining Div., East Beacon Tool Company, Inc., Whittier, CA Brownstown Quality Tool & Design, Syracuse, NY Beaver Tool & Machine Company, Inc., Brownstown, IN Armstrong-Blum Mfg. Co., Mt. Prospect, IL Feasterville, PA Budney Overhaul & Repair, LTD., Berlin, CT Arnett Tool, Inc., New Paris, OH Bechler Cams, Inc., Anaheim, CA Buerk Tool LLC, Buffalo, NY Arro Tool & Die, Inc., Lakewood, NY Becker, Inc., Kenosha, WI Buiter Tool & Die, Inc., Grand Rapids, MI Arrow Diversified Tooling, Inc., Ellington, Becksted Machine, Inc., Tucson, AZ Bundy Manufacturing Inc., El Segundo, CA CT Bedard Machine, Inc., Brea, CA Burckhardt America, Inc., Greensboro, NC Arrow Grinding, Inc., Tonawanda, NY Bel-Kur, Inc., Temperance, MI Burger & Brown Engineering, Inc., Olathe, KS Arrow Sheet Metal Products Co., Denver, CO Belgian Screw Machine Products, Inc., Burgess Brothers, Inc., Canton, MA Artisan Machining, Inc., Bohemia, NY Concord, MI BMCO Industries Inc., Cranston, RI Ascension Industries, North Tonawanda, NY Bell Engineering, Inc., Saginaw, MI BPS Industries Inc., Baltimore, MD Ash Machine Corporation, Pataskala, OH Bellco Precision Manufacturing, Inc., BSB Products Corporation, Buffalo, NY Associated Electro-Mechanics, Inc., Melissa, TX BT Laser, Inc., Santa Clara, CA Springfield, MA Beloit Precision Die Co. Inc., Beloit, WI C & C Machine Company, Akron, OH Associated Technologies, Brea, CA Benda Tool & Model Works, Hercules, CA C & C Precision Machining Inc., Mesa, AZ Associated Toolmakers, Inc., Keokuk, IA Bendon Gear Machine, Rockland, MA C & G Machine & Tool Co., Inc., Granby, MA Astley Precision Machine Co., Irwin, PA Bennett Tool & Die Company, Nashville, TN C & J Industries Inc., Meadville, PA Astro Automation, Inc., Irwin, PA Bennett Tool & Machine, Fremont, CA C & R Manufacturing, Inc., Shawnee, KS Astro Machine Works Inc., Ephrata, PA Benning Inc., Blaine, MN C & S Machine & Manufacturing, Atec Engineering, Phoenix, AZ Bent River Machine Inc., Clarkdale, AZ Corporation, Louisville, KY Athens Industries, Southington, CT Berman Tool & Die, Waldorf, MD C A R Engineering & Mfg., Victor, NY Atkins Tool Company, Riverton, NJ Bermar Associates, Inc., Troy, MI C B Kaupp & Sons, Inc., Maplewood, NJ Atlantic Precision Products Inc., Sanford, ME Bertram Tool & Machine Co., Inc., Farrell, PA C B S Manufacturing Company, Inc., Atlantic Tool & Die Company, Strongsville, Bertrand Products, Inc., South Bend, IN Windsor, CT OH Best Tool & Manufacturing Co., Inc., Kansas C D M Tool & Mfg. Co., Inc., Hartford, WI Atlas Machine & Supply, Inc., Louisville, KY City, MO C J Winter Machine Technologies, Inc., Atlas Tool, Inc., Roseville, MI Bestway Industries, Inc., Cleveland, OH Rochester, NY August Machine, Inc., Phoenix, AZ Beta Machine Co. Inc., Cleveland, OH C M Gordon Industries Inc., Santa Fe Austin Machine Company Inc., O’Fallon, MO Bilar Tool & Die Corporation, Warren, MI Springs, CA Autocam Corporation, Kentwood, MI Billet Industries, Inc., York, PA C M Industries, Inc., d/b/a Custom Marine, Automated Cells & Equipment, Inc., Painted Bishop Steering Technology, Inc., Inc., Old Saybrook, CT Post, NY Indianapolis, IN C N C Precision Machining, Inc., Comstock Automated EDM Incorporated, Ramsey, MN Black Creek Mold & Tool, Rainbow City, AL Park, MI Automation Tool & Die, Inc., Brunswick, OH Blackwood Grinding Inc., Hurst, TX C T D Machines, Inc., Los Angeles, CA Automation Tool Company, Cookeville, TN Blandford Machine & Tool Co., Inc., C V Tool Company, Inc., Southington, CT Axian Technology, Phoenix, AZ Louisville, KY C. G. Tech, Inc., Phoenix, AZ Ay Machine Company, Ephrata, PA Blue Chip Mold, Inc., Rochester, NY C-Axis Inc., Hamel, MN Ay-Mac Precision, Inc., Yorba Linda, CA Bluegrass Forging, Tool & Die, Shelbyville, C-P Mfg. Corp., Van Nuys, CA ACMT, Inc. dba A C Tool & Machine, Co., KY Caco Pacific Corporation, Covina, CA Louisville, KY Bob’s Tool & Cutter Grinding, Inc., Cadco Program & Machine, St. Charles, MO ALKAB Contract Manufacturing, Inc., New Indianapolis, IN Cal-Weld, Fremont, CA Kensington, PA Bohler Uddeholm North America, Santa Fe Calder Machine Co. (C M C), Florence, SC B & B Machine & Grinding Service, Denver, Springs, CA California Wire EDM, Santa Ana, CA CO Boice Industrial Corporation, Ruffsdale, PA Calmax Technology, Inc., Santa Clara, CA B & B Manufacturing Company, Largo, FL Bolt Industries, LLC, Phoenix, AZ Cambridge Specialty Company, Inc., B & B Precision Mfg., Inc., Avon, NY Bosma Machine & Tool, Corporation, Tipp Kensington, CT B & G Quality Machine & Tool Company, City, OH Cambridge Tool & Die Corp., Cambridge, OH Inc., Baltimore, MD Boston Centerless Inc., Woburn, MA Cameron Machine Shop, Inc., Richardson, B & H Fabricators, Inc., Wilmington, CA Bourdelais Grinding Co. Inc., Chatsworth, CA TX B & H Tool Co. Inc., San Marcos, CA Bowden Manufacturing Corp., Willoughby, Campbell Grinding & Machine, Inc., B & H Tool Works, Inc., of Rockcastle Co., OH Lewisville, TX Richmond, KY Boyce Machine, Inc., Cuyahoga Falls, OH Campro Manufacturing, Inc., Phoenix, AZ B & L Tool and Machine Company, Boyle, Inc., Freeport, PA Camtec, Inc., Traverse City, MI Plainville, CT Bra-Vor Tool & Die Company, Inc., Canto Tool Corporation, Meadville, PA B & M Machine Corporation of Racine, Meadville, PA Capitol Technologies, Inc., South Bend, IN Racine, WI Bradford Machine Company Inc., Brattleboro, Capitol Tool & Die, L. P., Madison, TN B C D Metal Products Inc., Malden, MA VT Carboloy Inc., Warren, MI B. Radtke & Sons, Inc., Round Lake Park, IL Bradhart Products, Inc., Brighton, MI Cardinal Machine Company, Inc., B–W Grinding Service, Inc., Houston, TX Bramko Tool & Engineering, Inc., O’Fallon, Strongsville, OH Bachman Machine Company, Inc., St. Louis, MO Carius Tool Co., Inc., Cleveland, OH MO Bratt Machine Company Inc., No. Andover, Carlson Capital Manufacturing Co., Rockford, Bachmann Precision Machine, Products MA IL Corp., South El Monte, CA Brij Systems, Wichita, KS Carlson Tool & Manufacturing Corp., Badge Machine Products, Inc., Canandaigua, Brinkman Tool & Die, Inc., Dayton, OH Cedarburg, WI NY Brittain Machine, Inc., Wichita, KS Cass Screw Machine Products Company, Bahrs Die & Stamping Company, Inc., Broadway Companies, Inc., Englewood, OH Brooklyn Center, MN Cincinnati, OH Brogdon Tool & Die, Inc., Blue Springs, MO Catalina Tool & Mold, Inc., Tucson, AZ Baker Hill Industries, Inc., Coral Springs, FL Brookfield Machine, Inc., West Brookfield, Cates Machine Shop, Inc., Tyler, TX Banner Machine Inc., Phoenix, AZ MA Cee-San Machine & Fabrication Co., Inc., Barberie Mold, Gardena, CA Brooklyn Machine & Mfg. Co. Inc., Cuyahoga Houston, TX Barnes Aerospace-Apex Mfg., Phoenix, AZ Heights, OH Centaur Tool & Die, Inc., Bowling Green, OH Baumann Engineering, Claremont, CA Brooklyn Scraping & Re-Machining, Inc., W. Centennial Technologies, Inc., Saginaw, MI Bawden Industries, Inc., Romulus, MI Lafayette, IN Center Line Industries, Inc., West Baxter Machine Products, Inc., Huntingdon, Brooks Machine Tool Corporation dba, Time Springfield, MA PA Machine & Stamping, Phoenix, AZ Center Line Machine Company, Lafayette, CO Beach Mold & Tool, Inc., New Albany, IN Brown-Covey, Inc., Kansas City, MO Center Line Tool, Freeport, PA

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Central Mass. Machine, Inc., Holyoke, MA Computech Manufacturing Co., Inc., No. D M E Company, Madison Heights, MI Central States Machine Service, Elkhart, IN Kansas City, MO D M Machine & Tool, Kennerdell, PA Central Tools, Inc., Cranston, RI Computerized Machining Service, Inc., D M Machine Company, Inc., Willoughby, Century Mold Company, Inc., Rochester, NY Englewood, CO OH Century Tool & Engr., Inc., Indianapolis, IN Conco Systems, Inc., Verona, PA D P I, Inc., Huntingdon Vly, PA Cer-Mac Inc., Horsham, PA Condor Engineering, Inc., Colorado Springs, D P Tool & Machine Inc., Avon, NY CertainTeed, Auburn, WA CO D S A Precision Machining, Inc., Livonia, NY Certified Grinding & Machine, Inc., Coney Tool Inc., Independence, MO D S Greene Company, Inc., Wakefield, MA Rochester, NY Connecticut Jig Grinding, Inc., New Britain, D. F. O’Brien Precision Machining & Tooling, Certified Industries, II, LLC, Phoenix, AZ CT Santa Fe Springs, CA Chadakoin Interactive, Thompsons Station, Connolly Tool & Machine Co., Dallas, TX D-K Manufacturing Corporation, Fulton, NY TN Conroy & Knowlton, Inc., Los Angeles, CA D-Velco Manufacturing, Phoenix, AZ Chance Tool & Die Co., Inc., Cincinnati, OH Consolidated Mold & Mfg. Inc., Kent, OH Daca Machine & Tool, Inc., Dutzow, MO Chandler Tool & Design Inc., Rockford, IL Conti Tool & Die Company, Akron, OH Dadeks Machine Works Corporation, Chapman Engineering, Inc., Santa Ana, CA Continental Precision, Inc., Phoenix, AZ Houston, TX Charmilles Technologies Corporation, Continental Tool & Machine, Strongsville, Daily Industrial Tools, Costa Mesa, CA Lincolnshire, IL OH Dan McEachern Company, Alameda, CA Chase Machine & Mfg. Co., Rochester, NY Continental Tool & Manufacturing, Inc., Danco Precision, Inc., Phoenixville, PA Chelar Tool & Die, Inc., Belleville, IL Lenexa, KS Dane Systems, Inc., Stevensville, MI Cherokee Industries, Hampshire, IL Cook Machine and Engineering Corporation, Danly IEM, Div. of Connell Ltd. Partnership, Chicago Grinding & Machine Co., Melrose Gardena, CA Cleveland, OH Park, IL Coosa Machine Company, LLC, Rainbow Data Machine, Inc., Adamsburg, PA Chicago Mold Engineering Co., Inc., St. City, AL Data Mold & Tool, Inc., Walbridge, OH Charles, IL Corbitt Mfg. Company, St. Charles, MO Datum Industries, Kentwood, MI Chickasha Manufacturing Company, Inc., Cornerstone Design, LTD., Franksville, WI David Engineering & Mfg., Corona, CA Chickasha, OK Cornerstone Screw Machine Products, Davis Machine & Manufacturing Company, Chippewa Tool & Manufacturing Co., Burbank, CA Arlington, TX Woodville, OH Corning Gilbert Inc., Glendale, AZ Davis Tool & Die Company Inc., Fenton, MO Chopper Guys Biker Products, Inc., Vallejo, Corry Custom Machine, Corry, PA Dayton Progress Corporation, West CA Cosar Mold, Inc., Brimfield, OH Carrollton, OH Dayton Reliable Tool & Mfg. Co., Dayton, OH Christopher Tool & Manufacturing, Solon, Costa Machine, Inc., Akron, OH DaCo Precision Manufacturers, Sandy, UT OH Covert Manufacturing, Inc., Galion, OH Dearborn Precision Tubular Products, Inc., Cindex Industries Inc., Ludlow, MA Cox Mfg. Co. Inc., San Antonio, TX Fryeburg, ME Circle-K-Industries, K-Form Inc., Sterling, VA Cox Tool Company, Inc., Excelsior Spring, Deck Brothers, Inc., Buffalo, NY Clark Automation Manufacturing Company, MO Deep Holdings, Inc., dba Deephole Machine, Craig Machinery & Design, Inc., Louisville, Inc., Pleasanton, CA Houston, TX Clark-Reliance Corporation, Strongsville, OH KY Deeter’s Tool & Mfg., Inc., Erie, PA Clarke Engineering, Inc., Clarke Gear Co., Creative Machining & Mfg., Inc., St. Dekalb Tool & Die, Inc., Tucker, GA North Hollywood, CA Petersburg, FL Delco Corporation, Akron, OH Class Machine & Welding, Inc., Akron, OH Creative Precision, West, Phoenix, AZ Dell Tool, Penfield, NY Classic Tool, Inc., Saegertown, PA Creb Engineering, Inc., Pascoag, RI Delltronics, Inc., Englewood, CO Clay & Bailey Mfg. Co., Kansas City, MO Crenshaw Die & Manufacturing Corp., Irvine, Deltron Engineering, Burbank, CA Cleveland Electric Laboratories Company, CA Demaich Industries, Inc., Johnston, RI Inc., Twinsburg, OH Crest Manufacturing Company, Lincoln, RI Dependable Machine Company, Inc., Clifton Automatic Screw, Machine Products, Criterion Tool & Die, Inc., Brook Park, OH Indianapolis, IN Inc., Lake City, PA Critical Operations, Inc., Santa Ana, CA Desert Precision Mfg., Inc., Tucson, AZ Cloud Company, San Luis Obispo, CA Cross Tool & Manufacturing, Inc., Flagstaff, Designs For Tomorrow, Inc., Maryland Coast Cutters Company, Inc., South El Monte, AZ Heights, MO CA Crossland Machinery, Kansas City, MO Detroit Tool & Engineering Co., Lebanon, MO Cobak Tool & Manufacturing Co., St. Louis, CrossRidge Precision, Oak Ridge, TN Deutsch ECD, Hemet, CA MO Crown Mold & Machine, Streetsboro, OH DeKing Screw Products Inc., Chatsworth, CA Coffey Associates, Washington, DC Crucible Materials Corporation, Camillus, NY Di-Matrix, Phoenix, AZ Coil Pro Machinery, Southington, CT Crush Master Grinding Corp., Walnut, CA Dial Machine Company, Andalusia, PA Colbrit Manufacturing Co., Inc., Chatsworth, Custom Engineering, Inc., Evansville, IN Diamond Lake Tool, Inc., Anoka, MN CA Custom Gear & Machine, Inc., Rockford, IL Diamond Tool & Engineering, Inc., Bertha, Collins Instrument Company, Angleton, TX Custom Machine, Inc., Woburn, MA MN Collins Machine & Tool Co., Inc., Madison, Custom Machine, Inc., Cleveland, OH Diamond Tool, Inc., Euclid, OH TN Custom Tool & Design, Inc., Erie, PA Die Cast Die and Mold, Inc., Perrysburg, OH Colonial Machine & Tool Co., Inc., Coventry, Custom Tool & Grinding Inc., Washington, Die Products Company, Minneapolis, MN RI PA Die Quip Corp., Bethel Park, PA Colonial Machine Company, Kent, OH Custom Tool & Model Corp., Frankfort, NY Die Solutions, Inc., Washington, MO Colorado Surface Grinding, Inc., Denver, CO Cut-Right Tools Corporation, Willoughby, Die Tech Industries, Ltd., Providence, RI Comet Tool, Inc., Hopkins, MN OH Die-Matic Corporation, Brooklyn Heights, OH Command Tooling Systems, Ramsey, MN Czech Tool, Saegertown, PA Die-Matic Tool and Die, Inc., Grand Rapids, Commerce Grinding, Inc., Dallas, TX CB Quality Machining & Engineering Inc., MI Commercial Grinding Services, Inc., Buffalo, MN Die-Mension Corporation, Brunswick, OH Cleveland, OH CDL Manufacturing, Inc., Rochester, NY Die-Namic Inc., Taylor, MI Commonwealth Machine Co., Inc., Danville, CHIPSCO, Inc., Meadville, PA Diemaster Tool & Mold, Inc., Macedonia, OH VA CNC Corp., Colorado Springs, CO Dietooling, Div. of Diemolding, Wampsville, Competition Tooling, Inc., High Point, NC CNC Precision Manufacturing, Inc., Farmers NY Competitive Engineering Inc., Tucson, AZ Branch, TX Digital Tool & Die, Inc., Grandville, MI Complete Tool & Die, Inc., St. James, MO CPC Tooling Technologies, Columbus, OH Distefano Tool & Mfg. Company, Omaha, NE Composidie, Inc., Apollo, PA D & H Manufacturing Company, Fremont, CA Distinctive Machine Corporation, Grand Compu Die, Inc., Wyoming, MI D & N Precision, Inc., San Jose, CA Rapids, MI Compumachine Incorporated, Wilmington, D & S Manufacturing Corporation, Diversified Engraving Stamp & Machine MA Southwick, MA Company, Akron, OH

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Diversified Manufacturing, Incorporated, Elliot Tool & Manufacturing Co., St. Louis, Fairway Molds, Inc., Walnut, CA Lockport, NY MO Falls City Machine Technology, Louisville, Diversified Tool & Die, Vista, CA Elliott’s Precision, Inc., Peoria, AZ KY Diversified Tool, Inc., Mukwonago, WI Ellis Machine and Fabrication Inc., Buffalo, Falls Mold & Die, Inc., Stow, OH Dixie Tool & Die Co., Inc., Gadsden, AL NY Fame Tool & Manufacturing Co., Cincinnati, Double D Machine & Tool Company, Ellis Tool & Machine, Inc., Tom Bean, TX OH Fremont, OH Elrae Industries, Alden, NY FamPEC Technology LLC, Murfreesboro, TN Doyle Manufacturing, Inc., Holland, OH Emmert Welding & Manufacturing, Inc., Fargo Machine Company, Inc., Ashtabula, Drabik Tool and Die Inc., Brook Park, OH Independence, MO OH Drewco Corporation, Franksville, WI Empire Die Casting Co., Inc., Macedonia, OH Farrar Corporation, Norwich, KS Drill Masters Inc., Hamden, CT Empire Manufacturing Corporation, Farzati Manufacturing Corp., Greensburg, PA Dugan Tool & Die Company, Toledo, OH Bridgeport, CT Faustson Tool Corp., Arvada, CO Dun-Rite Industries, Inc., Temperance, MI Engineered Pump Services, Inc., Pasadena, Fay & Quartermaine Machining Corp., El Dunn & Bybee Tool Company, Inc., Sparta, TX Monte, CA TN Entek Corporation, Norman, OK Fay Tool & Die, Inc., Orlando, FL Dura-Metal Products Corporation, Irwin, PA Enterprise Tool & Die, Brooklyn Heights, OH Feedall, Inc., Willoughby, OH Durivage Pattern & Mfg. Co. Inc., Williston, Ephrata Precision Parts, Inc., Denver, PA Feilhauer’s Machine Shop Inc., Cincinnati, OH Epicor Software Corporation, Minneapolis, OH DuWest Tool & Die, Inc., Cleveland, OH MN Fenton Manufacturing, Inc., Ashtabula, OH Dynamic Engineering, Inc., Minneapolis, MN Erickson Tool & Machine Company, Fenwick Machine & Tool, Piedmont, SC Dynamic Fabrication, Inc., Santa Ana, CA Rockford, IL Feral Productions LLC., Newark, CA Dynamic Machine & Fabricating, Phoenix, Erie Shore Machine Co., Inc., Cleveland, OH Ferriot Inc., Akron, OH AZ Erie Specialty Products, Inc., Erie, PA First International Bank, Hartford, CT Dynamic Tool & Design, Inc., Menomonee Estee Mold & Die, Inc., Dayton, OH Fischer Precision Spindles, Inc., Berlin, CT Falls, WI Esterle Mold & Machine Co., Stow, OH Fischer Tool & Die Corporation, Temperance, DynaGrind Precision, Inc., New Kensington, Estul Tool & Manufacturing Co., Inc., MI PA Matthews, NC Five Star Tool Company, Inc., Rochester, NY Dysinger Incorporated, Dayton, OH Evans Tool & Die, Inc., Conyers, GA Fleck Machine Company, Inc., Hanover, MD Dytran Instruments, Inc., Chatsworth, CA Ever Fab, Inc., East Aurora, NY Foresight Technologies, Tempe, AZ E & S Precision Machine, LLC, Modesto, CA Ever-Ready Tool, Inc., Largo, FL Forster Tool & Mfg. Inc., Bensenville, IL E B & Sons Machine Inc., Aliquippa, PA Everett Pattern and Mfg., Inc., Middleton, Fortner & Gifford, Inc., Prescott, AZ E C M Of Florida, Jupiter, FL MA Fostermation Inc., Meadville, PA E J Codd Co. of Baltimore City &, Codd Ewart-Ohlson Machine Company, Cuyahoga Fox Valley Tool & Die, Inc., Kaukauna, WI Fabricators & Boiler Co., Inc., Baltimore, Falls, OH Franchino Mold & Engineering, Lansing, MI MD Ex-Cel Machine & Tool, Inc., Louisville, KY Frasal Tool Co., Inc., Newington, CT E K L Machine Company, Inc., Andalusia, PA Exact Cutting Service, Inc., Brecksville, OH Frazier Aviation, Inc., San Fernando, CA E R C Concepts Company, Inc., Sunnyvale, Exact Tool & Die, Inc., Brook Park, OH CA Exacta Machine, Inc., Wichita, KS Fre-Mar Industries, Inc., Brunswick, OH E W Johnson Company, Inc., Lewisville, TX Exacta Tech Inc., Livermore, CA Fredon Corporation, Mentor, OH E.T. Precision Optics Inc., Rochester, NY Exacto, Inc. of South Bend, South Bend, IN Free-MaDie Company, Kittanning, PA E-Fab, Inc., Santa Clara, CA Excaliber Precision Machining, Peoria, AZ Freeport Welding & Fabricating, Inc., Eagle Mold Company, Inc., Carlisle, OH Excel Manufacturing Inc., Seymour, IN Freeport, TX Eagle Precision Tooling Inc., Erie, PA Excel Manufacturing, Inc., Valencia, CA Fries Machine & Tool, Inc., Dayton, OH Eagle Technologies Group, St. Joseph, MI Excel Precision, Inc., Tempe, AZ Frost & Company, Charlestown, RI Eagle Tool & Machine Company, Inc., Excel Stamping & Manufacturing, Inc., Fulton Industries, Inc., Rochester, IN Springfield, OH Houston, TX Furno Co. Inc., Pomona, CA East Side Machine, Inc., Webster, NY Executive Mold Corporation, Huber Heights, Future Fabricators, Phoenix, AZ East Texas Machine Works, Inc., Longview, OH Future Tool & Die, Inc., Grandville, MI TX Ezell Precision Tool Company, Clearwater, Fyco Tool & Die, Inc., Houston, TX Ebway Corporation, Fort Lauderdale, FL FL FCMP, Inc., Buffalo, NY Eckert Enterprises Ltd., Tempe, AZ EDM Supplies, Inc., Downey, CA FRB Machine Inc., Emlenton, PA Eckert Machining, Inc., San Jose, CA EROWA Technology Inc., Arlington Hts., IL G & G Tool Company, Inc., Sidney, OH Eclipse Mold, Inc., Clinton Township, MI EWT, Inc., Rockford, IL G & K Machine Company, Denver, CO Eclipse Tool & Die, Inc., Wayland, MI F & F Machine Specialties, Mishawaka, IN G & L Tool Corp., Agawam, MA Edco, Inc., Toledo, OH F & G Tool & Die Company, Dayton, OH G B F Enterprises, Inc., Santa Ana, CA Edge-Tech, Inc., Redmond, WA F & S Tool, Inc., Erie, PA G B Tool Company, Warwick, RI Edwardsville Machine & Welding Company, F D T Precision Machine Co., Inc., Taunton, G H Tool & Mold, Inc., Washington, MO Inc., Edwardsville, IL MA G M T Corporation, Waverly, IA Egli Machine Company, Inc., Sidney, NY F G A Inc., Baton Rouge, LA G R McCormick, Inc., Burbank, CA Ehlert Tool Co., Inc., New Berlin, WI F H Peterson Machine Corporation, G S Precision, Inc., Brattleboro, VT Ehrhardt Tool & Machine Company, Granite Stoughton, MA Gadsden Tool, Inc., Gadsden, AL City, IL F K Instrument Co., Inc., Clearwater, FL Gales Manufacturing Corporation, Racine, WI Eicom Corporation, Moraine, OH F M Machine Company, Akron, OH Gambar Products Company, Inc., Warwick, Ejay’s Machine Co., Inc., Fullerton, CA F N Smith Corporation, Oregon, IL RI Elcam Tool & Die, Inc., Wilcox, PA F P Pla Tool & Manufacturing Co., Buffalo, Garcia Associates, Arlington, VA Electra Form Industries Inc., Vandalia, OH NY Gatco, Inc., Plymouth, MI Electric Enterprise Inc., Stratford, CT F S G Inc, Mishawaka, IN Gateway Metals Inc., Crestwood, MO Electro-Freeto Manufacturing Co., Inc., F T T Manufacturing Inc., Geneseo, NY Gauer Mold & Machine Company, Tallmadge, Wayland, MA F Tinker & Sons Company, Pittsburgh, PA OH Electro-Mechanical Products, Inc., Denver, F W Gartner Thermal Spraying Co., Houston, Gaum, Inc., Robbinsville, NJ CO TX Gear Manufacturing, Inc., Anaheim, CA Electro-Tech Machining, Long Beach, CA F-Squared, Inc., Tarentum, PA Geiger Manufacturing, Inc., Stockton, CA Electroform Co. Inc., Machesney Park, IL Fabricast, Inc., So. El Monte, CA Gene’s Gundrilling Inc., Alahambra, CA Elite Tool & Machinery Systems, Inc, Fabritek Company, Inc., Winchester, VA General Aluminium Forgings, Colorado O’Fallon, MO Fairbanks Machine & Tool, Raytown, MO Springs, CO Elizabeth Carbide Die Co., Inc., McKeesport, Fairview Machine Company, Inc., Topsfield, General Engineering Company, Toledo, OH PA MA General Grinding, Inc., Oakland, CA

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General Machine Shop, Inc., Cheverly, MD H B Machine, Inc., Phoenix, AZ Howard Tool Co. Inc., Bangor, ME General Machine-Diecron, Inc., Griffin, GA H Brauning Company, Inc., Manassas, VA Hubbell Machine Company, Inc., Cleveland, General Tool & Die Company, Inc., Racine, H D & K Mold Company, Inc., Hilton, NY OH WI H H Mercer, Inc., Mesquite, TX Humboldt Instrument Company, San General Tool Company, Cincinnati, OH H R M Machine, Inc., Costa Mesa, CA Leandro, CA Genesee Manufacturing Company, Inc., Haberman Machine, Inc., St. Paul, MN Hunt Machine & Manufacturing Co., Rochester, NY Haig Precision Mfg. Corp., Campbell, CA Tallmadge, OH Genesee Metal Stampings, Inc., West Hal-West Technologies, Inc., Kent, WA Hyde Special Tools, Saegertown, PA Henrietta, NY Hamblen Gage Corporation, Indianapolis, IN Hydrodyne Division Of FPI, Inc., Burbank, Genesee Precision Mfg., Inc., Avon, NY Hamill Manufacturing Company, Trafford, CA Gentec Manufacturing Inc., San Jose, CA PA Hydromat, Inc., St. Louis, MO Geometric Tool & Machine Co., Inc., Hamilton Mold & Machine, Inc., Cleveland, Hygrade Precision Technologies, Inc., Piedmont, SC OH Plainville, CT George Welsch & Son Company, Cleveland, Hamilton Tool Company, Inc., Meadville, PA Hytron Manufacturing Company, Inc., OH Hammill Manufacturing Company, Toledo, Huntington Beach, CA German Machine, Inc., Rochester, NY OH Ideal Grinding Technologies, Inc, Germantown Tool & Machine Works, Inc., Hammon Precision Technologies, Hayward, Chatsworth, CA Huntingdon Valle, PA CA Ideal Tool Co. Inc., Meadville, PA Gibbs Die Casting Corporation, Henderson, Hanover Machine Company, Ashland, VA Imperial Die & Manufacturing Co., KY Hans Rudolph, Inc., Kansas City, MO Strongsville, OH Gibbs Machine Company, Inc., Greensboro, Hansen Engineering, Harbor City, CA Imperial Machine & Tool Company, NC Hanson Mold, St. Joseph, MI Wadsworth, OH Gilbert Machine & Tool Company, Greene, Hardy Machine Inc., Hatfield, PA Imperial Mfg., Santa Fe Springs, CA NY Hardy-Reed Tool & Die Co., Manitou Beach, Imperial Newbould, Meadville, PA Gill Tool & Die, Inc., Grand Rapids, MI MI Imperial Tool & Manufacturing Co., Inc., Gillette Machine & Tool Co Inc., Rochester, Haumiller Engineering Company, Elgin, IL Lexington, KY NY Hawkeye Precision, Inc., Gilbert, AZ Indiana Tool & Die Company, Die Sets Inc., Girard Tool & Die/Jackburn Mfg., Inc., Girard, Hawkins Machine Company, Inc., Coventry, Indiana, PA PA RI Industrial Babbitt Bearing, Services, Inc., Gischel Machine Company Inc., Baltimore, Hawkinson Mold Engineering Co., Alhambra, Gonzales, LA MD CA Industrial Custom Automatic Machine Givmar Precision Machining, Mountain Hayden Corporation, West Springfield, MA (ICAM), Dayton, OH View, CA Heatherington Machine Corp., Orlando, FL Industrial Grinding, Inc., Dayton, OH Glaze Tool & Engineering, Inc., New Haven, Heinhold Engineering & Machine Co., Inc., Industrial Machine & Tool Co., Inc., IN Salt Lake City, UT Nashville, TN Glendale Machine Company, Inc., Solon, OH Heitz Machine & Manufacturing Co., Industrial Machine Company, Oklahoma Glendo Corporation, Emporia, KS Maryland Heights, MO City, OK Glidden Machine & Tool, Inc., North Hellebusch Tool & Die, Inc., Washington, MO Industrial Maintenance, & Electrical Tonawanda, NY Helm Precision, Ltd., Phoenix, AZ Corporation, Lavergne, TN Global Precision, Inc., Davie, FL Henman Engineering & Machine, Muncie, IN Industrial Mold + Machine, Twinsburg, OH Global Shop Solutions, The Woodlands, TX Hercules Machine Tool & Die, Warren, MI Industrial Molds, Inc., Rockford, IL Godwin—SBO, L.P., Houston, TX Herman Machine, Inc., Tallmadge, OH Industrial Precision Products, Inc., Oswego, Golis Machine, Inc., Montrose, PA Herrick & Cowell Company, Hamden, CT NY Graham Tech Inc., Cochranton, PA Hetrick Mfg., Inc., Lower Burrell, PA Industrial Tool & Machine Co., Cuyahoga Grand Valley Manufacturing Company, Heyden Mold & Bench Company, Tallmadge, Falls, OH Titusville, PA OH Industrial Tool, Die &, Engineering, Inc., Graybill’s Tool & Die, Inc., Manheim, PA Hi Tech Manufacturing, LLC, Greensboro, NC Tucson, AZ Great Lakes E.D.M. Inc., Clinton Twp., MI Hi-Tech Machining & Engineering LLC, Industrial Tooling Technologies, Inc., Great Lakes Metal Treating, Inc., Tonawanda, Tucson, AZ Muskegon, MI NY Hi-Tech Tool Industries, Inc., Sterling Ingersoll Contract Manufacturing, Company, Great Lakes Tooling Inc., Cleveland, OH Heights, MI Rockford, IL Great Western Grinding & Eng., Inc., Hiatt Metal Products Company, Muncie, IN Injection Mold & Machine Company, Akron, Huntington Beach, CA Hickory Machine Company, Inc., Newark, OH Grind-All Precision Tool Co., Inc., Clinton NY Inland Tool & Manufacturing Co., Kansas Township, MI High-Tech Industries, Holland, MI City, KS Grind-All, Inc., Cleveland, OH Highland Mfg. Inc., Manchester, CT Inline Inc., Phoenix, AZ Grindworks Inc., Glendale, AZ Hill Engineering, Inc., A Mestek Co., Villa Innex Industries, Inc., Rochester, NY Grosmann Precision, Ballwin, MO Park, IL Integrated Aerospace, Santa Ana, CA Grover Gundrilling, Inc., Norway, ME Hillcrest Precision Tool Co. Inc., Haverhill, Integrated Fabrication and Machine, Guill Tool & Engineering Co., Inc., West MA Sharpsville, PA Warwick, RI Hillcrest Tool & Die, Inc., Titusville, PA Integrated Machine Systems, Bethel, CT Gulf South Machine/Drilex Corp., Houston, Hilton Tool & Die Corporation, Rochester, NY Integrity Mfg. L.L.C., Farmington, CT TX Hittle Machine & Tool Company, International Stamping Inc., Warwick, RI Gurney Precision Machining, Saint Indianapolis, IN Intrex Corporation, Louisville, CO Petersburg, FL Hobson & Motzer, Inc., Durham, CT Iverson Industries, Inc., Wyandotte, MI Gustav’s Tool & Die, Inc., Seguin, TX Hodon Manufacturing Inc., Willoughby, OH IDRAPRINCE, Holland, MI H & H Machine Company, Whittier, CA Hoffman Custom Tool & Die, Newport Beach, ILM Tool, Inc., Hayward, CA H & H Machine Shop Of Akron, Inc., Akron, CA IMS, Inc., Decatur, AL OH Hoffstetter Tool & Die, Clearwater, FL ISO Machining, Inc., Pleasanton, CA H & H Machined Products, Inc., Erie, PA Holland USA, Muskegon, MI ISYS Manufacturing, Inc., Concord, CA H & K Machine Service Co. Inc., O’Fallon, Hollis Line Machine Co., Inc., Hollis, NH ITM, Schertz, TX MO Holmes Manufacturing Corporation, J & A Tool Company, Inc., Franklin, PA H & M Machining Inc., Machesney Park, IL Cleveland, OH J & F Machine Inc., Cypress, CA H & M Precision Machining, Santa Clara, CA Homeyer Tool and Die Co., Marthasville, MO J & G Machine & Tool Co., Inc., Walworth, H & W Machine Company, Broomfield, CO Hoppe Tool, Inc., Chicopee, MA NY H & W Tool Company, Inc., Dover, NJ Horizon Industries, Columbia, PA J & J Tool Co., Inc., Louisville, KY

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J & M Machine, Inc., Fairport Harbor, OH Karlee, Garland, TX Lane Punch Corporation, Salisbury, NC J & M Unlimited, Ashland City, TN Karsten Precision, Phoenix, AZ Laneko Engineering Company, Ft. J B Tool Die & Engineering, Inc., Fort Wayne, Kaskaskia Tool & Machine, Inc., New Athens, Washington, PA IN IL Laneko Roll Form, Inc., Hatfield, PA J B Tool, Inc., Placentia, CA Kaufhold Machine Shop, Inc., Lancaster, PA Lange Precision, Inc., Fullerton, CA J C B Precision Tool & Mold, Inc., Commerce Kearflex Engineering Company, Warwick, RI Langenau Manufacturing Company, City, CO Keck-Schmidt Tool & Die, South El Monte, Cleveland, OH J D Kauffman Machine Shop, Inc., Christiana, CA Laron Incorporated, Kingman, AZ PA Kell-Strom Tool Company, Inc., Las Cruces Machine Manufacturing &, J F Fredericks Tool Company, Inc., Wethersfield, CT Engineering, Las Cruces, NM Farmington, CT Kellems & Coe Tool Corporation, Laser Automation, Inc., Chagrin Falls, OH J I Machine Company, Inc., San Diego, CA Jeffersonville, IN Laser Fabrication & Machine Co., Inc., J K Tool & Die, Inc., Apollo, PA Keller Technology Corporation, Tonawanda, Alexandria, AL J M Mold South, Easley, SC NY Laser Tool, Inc., Saegertown, PA J M Mold, Inc., Piqua, OH Kelley Industries, Inc., Eighty Four, PA Latva Machine, Inc., Newport, NH J M P Industries, Inc., Cleveland, OH Kelly & Thome, Pomona, CA Lavigne Manufacturing, Inc., Cranston, RI J M S Mold & Engineering Co., Inc., South Kelm Acubar Company, Benton Harbor, MI Layke Incorporated, Phoenix, AZ Bend, IN Kem-Mil-Co, Hayward, CA Layke Tool & Manufacturing, Inc., Meadville, J S Die & Mold, Inc., Byron Center, MI Kemco Tool & Machine Company, Kirkwood, PA J W Harwood Company, Cleveland, OH MO Ledford Engineering Company, Inc., Cedar J.B.A.T. t/a Cherry Hill, Precision, Cherry Kenlee Precision Corporation, Baltimore, MD Rapids, IA Hill, NJ Kennametal Inc., Latrobe, PA Lee’s Grinding, Inc., Cleveland, OH Jacksonville Machine Inc., Jacksonville, IL Kennebec Tool & Die Co., Inc., Augusta, ME Leech Industries, Inc., Meadville, PA Jaco Engineering, Anaheim, CA Kennedy & Bowden Machine Company, La Lees Enterprise, Chatsworth, CA Jaquith Carbide Corporation, Ipswich, MA Vergne, TN Leese & Co., Inc., Greensburg, PA Jasco Tools Inc., Cutting Tools Division, Kennick Mold & Die, Inc., Cleveland, OH Leggett & Platt, Inc., Whittier, CA Rochester, NY Kentucky Machine & Tool Company, Leicester Die & Tool, Inc., Leicester, MA Jatco Machine & Tool Company, Inc., Louisville, KY Lenz Technology Inc., Mountain View, CA Pittsburgh, PA Kern Special Tools Company, Inc., New Leonardi Manufacturing Co., Inc., Weedsport, Jena Tool Corporation, Dayton, OH Britain, CT NY Jenkins Machine, Inc., Bethlehem, PA Keyes Machine Works, Inc., Gates, NY Lewis Aviation, Phoenix, AZ Jennison Corporation, Carnegie, PA Keystone Machine, Inc., Littlestown, PA Lewis Machine & Tool Co. Inc., Cuba, MO Jergens Tool and Mold, Englewood, OH Kimberly Gear & Spline, Inc., Phoenix, AZ Lewis Machine and Tool Company, Milan, IL Jergens, Inc., Cleveland, OH King Machine & Engineering Co., Inc., Liberty Precision Industries, Ltd., Rochester, Jesse Industries, Inc., Sparks, NV Indianapolis, IN NY Jet Products Co., Inc., Phoenix, AZ King Systems Corporation, Plastics Libra Precision Machining, Tecumseh, MI Jet Products, Inc., East Bridgewater, MA Jewett Machine Mfg. Co., Inc., Richmond, VA Technology Division, Noblesville, IN Ligi Tool & Engineering, Inc., Deerfield Jig Grinding Service Company, Cleveland, Klein Steel Service, Inc., Rochester, NY Beach, FL OH Knight Industries Precision Machining, Inc., Lilly Software Associates, Inc., Hampton, NH Jirgens Modern Tool Corporation, Corona, CA Limmco, Inc., New Albany, IN Kalamazoo, MI Knowlton Manufacturing Company, Linmark Machine Products, Inc., Union, MO JobBOSS Software/Exact, Edina, MN Norwood, OH Little Rhody Machine Repair, Inc., Coventry, Johnson Engineering Company, Indianapolis, Knust—S B O, Houston, TX RI IN Kordenbrock Tool & Die Company, Littlecrest Machine Shop, Inc., Houston, TX Johnson Precision, Inc., Buffalo, NY Cincinnati, OH Lloyd Company, Houston, TX Johnson Tool, Inc., Fairview, PA Kovacs Machine & Tool Company, Inc., Lloyd Tool & Manufacturing Corp., Burton, Joint Production Technology, Inc., Macomb, Wallingford, CT MI MI Krause Tool, Inc., A–Z Corp. Div. of Krause Lobart Company, Pacoima, CA Joint Venture Acquisition Co., LLC, Tool, Golden, CO Loecy Precision Mfg., Mentor, OH Saegertown, PA Kuhn Tool & Die Co., Meadville, PA Lordon Engineering, Gardena, CA Jonco Tool Company, Racine, WI Kurt J. Lesker Company, Clairton, PA Loud Engineering and Manufacturing, Inc., Juell Machine Company, Inc., Pomona, CA L & L Machine, Inc., Ludlow, MA Ontario, CA JBK Manufacturing & Development, Co., L & L Tool & Die, Gardena, CA Loyal Machine Company, Inc., Chelsea, MA Dayton, OH L & P Machine, Inc., Santa Clara, CA Luick Quality Gage & Tool, Inc., Muncie, IN J2 Precision CNC, Inc., Phoenix, AZ L A I Southwest, Inc., Phoenix, AZ Lunar Tool & Machinery Company, St. Louis, K & E Mfg. Company, Lee’s Summit, MO L H Carbide Corporation, Fort Wayne, IN MO K & H Mold & Machine Division, Akron, OH L P I Corporation, Hollywood, FL Lunar Tool & Mold, Inc., North Royalton, OH K & H Precision Products, Inc., Honeoye L R G Corporation, Jeannette, PA Lunquist Manufacturing Corp., Rockford, IL Falls, NY L R W Cutting Tools, Inc., Phoenix, AZ Lux Manufacturing, Inc., Sunnyvale, CA K & M Machine-Fabricating, Inc., Cassopolis, L T L Company, Inc., Rockford, IL Lynn Welding Co. Inc., Newington, CT MI L. P. Engineering Co., Carson, CA Lyons Tool & Die Company, Meriden, CT K & S Tool & Die, Inc., Meadville, PA Lake Manufacturing Co., Inc., Newburyport, LOMA Automation Technologies, Inc., K & S Tool & Mfg. Company, Inc., Jamestown, MA Louisville, KY NC Lakeside Manufacturing Company, M & D Loe Manufacturing, Inc., Benicia, CA K L H Industries, Inc., Germantown, WI Stevensville, MI M & H Engineering Company, Inc., Danvers, K M S Machine Works, Inc., Taunton, MA Lamb Machine & Tool Company, MA K Mold & Engineering, Inc., Granger, IN Indianapolis, IN M & H Tool & Die, Inc., Gadsden, AL K V, Inc., Huntingdon Valle, PA Lamina, Inc., Farmington Hills, MI M & J Grinding & Tool Co., Holland, OH K.C.K. Tool & Die Co., Inc., Ferndale, MI Lampin Corporation, Uxbridge, MA M & J Valve Services, Inc., Lafayette, LA K–Form, Inc., Tustin, CA Lancaster Machine Shop, Lancaster, TX M C Mold & Machine, Inc., Tallmadge, OH Ka-Wood Gear & Machine Company, Lancaster Metal Products Company, M D F Tool Corporation, North Royalton, OH Madison Heights, MI Lancaster, OH M F Engineering Co. Inc., Bristol, RI Kahre Brothers, Inc., Evansville, IN Lancaster Mold, Inc., Lancaster, PA M H S Automation, Round Lake Beach, IL Kalman Manufacturing, Morgan Hill, CA Land Specialties Manufacturing Co., Inc., M P E Machine Tool Inc., Corry, PA Kansas City Screw Products Inc., Kansas Raytown, MO M P Technologies, Inc., Brecksville, OH City, MO Lane Enterprise, Rochester, NY M S Willett, Inc., Cockeysville, MD

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M. R. Mold & Engineering Corp., Brea, CA McAfee Tool & Die, Inc., Uniontown, OH Milwaukee Punch Corporation, Greendale, M-Ron Corporation, Glendale, AZ McCurdy Tool & Machine Inc., Caledonia, IL WI M-Tron Manufacturing Company, Inc., San McGill Manufacturing Company, Flint, MI Minco Tool & Mold Inc., Dayton, OH Fernando, CA McKee Carbide Tool Division, Olanta, PA Mission Tool & Manufacturing Co., Inc., Mac Machine and Metal Works, Inc, McKenzie Automation Systems, Inc, Hayward, CA Connersville, IN Rochester, NY Mitchell Machine, Inc., Springfield, MA Mac-Mold Base, Inc., Romeo, MI McNeal Enterprises, Inc., San Jose, CA Mitchum Schaefer, Inc., Indianapolis, IN Machine Incorporated, Stoughton, MA McNeil Industries, Inc., Willoughby, OH Mittler Brothers Machine & Tool, Division- Machine Specialties, Inc., Greensboro, NC McNeill Manufacturing Company, Oakland, Mittler Corporation, Foristell, MO Machine Tooling, Inc., Cleveland, OH CA Mod Tech Industries, Inc., Shawano, WI Machine Works, Inc., Phoenix, AZ McSwain Manufacturing Corp., Cincinnati, Model Machine Company, Inc., Baltimore, Machinist Cooperative, Gilroy, CA OH MD MacKay Manufacturing, Spokane, WA Meadville Plating Company, Inc., Meadville, Modern Industries Inc., Phoenix, AZ Maddox Metal Works, Inc., Dallas, TX PA Modern Machine Company, San Jose, CA Magdic Precision Tooling, Inc., East Meadville Tool Grinding, Meadville, PA Modern Machine Company, Bay City, MI McKeesport, PA Mechanical Drive Components, Inc, Modern Technologies Corp., Xenia, OH Maghielse Tool Corporation, Grand Rapids, Chicopee, MA Mold Threads Inc., Branford, CT MI Mechanical Manufacturing Corp., Sunrise, FL Moldcraft, Inc., Depew, NY Magna Machine & Tool Company, New Mechanical Metal Finishing Co., Gardena, Moldesign, Inc., Knoxville, TN Castle, IN CA Monks Manufacturing Co., Inc., Wilmington, Magnum Manufacturing Center, Inc., Mechanized Enterprises, Inc., Anaheim, CA MA Colorado Springs, CO Medved Tool & Die Company, Elm Grove, WI Monroe Tool & Die Co., Rochester, NY Magnus Precision Manufacturing, Inc., Menegay Machine & Tool Company, Canton, Monsees Tool & Die, Inc., Rochester, NY Phelps, NY OH Montgomery Machine Company, Houston, Mahuta Tool Corp., Germantown, WI Mercer Machine Company, Inc., TX Main Tool & Mfg. Co., Inc., Minneapolis, MN Indianapolis, IN Moon Tool & Die Inc., Conneaut Lake, PA Maine Machine Products, South Paris, ME Merit Gage, Inc., St. Louis Park, MN Moore Gear Mfg. Co., Inc., Hermann, MO Mainline Machine, Inc., Broussard, LA Merritt Tool Company, Inc., Kilgore, TX Moore Quality Tooling, Inc., Dayton, OH Majer Precision Engineering, Inc., Tempe, AZ Metal Form Engineering, Redlands, CA Moore’s Ideal Products, Covina, CA Major Tool & Machine, Inc., Indianapolis, IN Metal Processors Inc., Stevensville, MI Morlin Incorporated, Erie, PA Morris Machine Co., Inc., Indianapolis, IN Makino, Mason, OH Metal-Tek Machining Inc., Phoenix, AZ Metalcraft, Inc., Tempe, AZ Morton & Company, Inc., Wilmington, MA Malmberg Engineering, Inc., Livermore, CA Metallon, Inc., Thomaston, CT Moseys’ Production Machinists Inc., Manda Machine Company, Inc., Dallas, TX Metalsa—Perfek, Novi, MI Anaheim, CA Manetek, Inc., Broussard, LA Metco Manufacturing Company, Inc., Mound Laser and Photonics Center, Manheim Special Machine Shop, Manheim, Warrington, PA Miamisburg, OH PA Metplas, Inc., Natrona Heights, PA Mountain States Automation, Inc., Mann Tool Company, Inc., Pacific, MO Metric Machining, Monrovia, CA Englewood, CO Manufacturing Machine Corp., Pawtucket, RI Metro Manufacturing, Inc., Phoenix, AZ Mueller Machine & Tool Company, Berkeley, Manufacturing Service Corp., West Hartford, Metz Tool & Die Works, Rockford, IL MO CT Miami Tool & Die, Inc., Huntington, IN Muller Tool Inc., Cheektowaga, NY Marberry Machine, Inc., Houston, TX Micro Facture LLC, Mountville, PA Multi-Tool, Inc., Saegertown, PA Marco Manufacturing Company, Akron, OH Micro Instrument Corporation, Boulder City, Mutual Precision, Inc., West Springfield, MA Mardon Tool & Die Company, Inc., NV Mutual Tool & Die, Inc., Dayton, OH Rochester, NY Micro Manufacturing, Caledonia, MI Myers Industries, Akro-Mils Division, Akron, Marini Tool & Die Company, Inc., Racine, WI Micro Matic Tool, Inc., Youngstown, OH OH Marion Tool and Die, Inc., Terre Haute, IN Micro Precision Company, Houston, TX Myers Precision Grinding Company Inc., Maris Systems Design, Inc., Spencerport, NY Micro Punch & Die Company, Rockford, IL Warrensville Hts, OH Markham Machine Co. Inc., Akron, OH Micro Surface Engineering, Inc., Bal-tec Myles Tool Co., Inc., Sanborn, NY Marlin Tool, Inc., Cuyahoga Falls, OH Division, Los Angeles, CA MCD Plastics & Manufacturing Inc., Piqua, Marox Corporation, Holyoke, MA Micro Tool & Manufacturing, Inc., Meadville, OH Marquette Tool & Die Company, St. Louis, PA MCTD, Inc., Michigan City, IN MO Micro-Tronics, Inc., Tempe, AZ MKR Fabricators, Saginaw, MI Marshall Manufacturing Company, Mid-Central Manufacturing, Inc., Wichita, KS MPC Industries, Inc., Irvine, CA Minneapolis, MN Mid-Conn Precision Manufacturing LLC, MRC Technologies, Buffalo, NY Martinelli Machine, San Leandro, CA Bristol, CT N C Dynamics, Inc., Long Beach, CA Masco Machine, Inc., Cleveland, OH Mid-Continent Engineering, Inc., N E T & Die Company, Inc., Fulton, NY Massachusetts Machine Works Inc., Minneapolis, MN Nashville Machine Company, Inc., Nashville, Westwood, MA Mid-State Manufacturing, Inc., Milldale, CT TN Master Cutting & Engineering, Inc., Santa Fe Mid-States Forging Die & Tool, Co., Inc., National Carbide Die, McKeesport, PA Springs, CA Rockford, IL National Jet Company, Inc., LaVale, MD Master Industries Inc., Piqua, OH Midland Precision Machining, Inc., Tempe, National Tool & Machine Co. Inc., East St. Master Research & Manufacturing, Inc., AZ Louis, IL Norwalk, CA Midway Mfg. Inc., Elyria, OH Nationwide Precision Products, Corp., Master Tool & Mold, Inc., Grafton, WI Midwest Tool & Die Corporation, Fort Rochester, NY Mastercraft Mold, Inc., Phoenix, AZ Wayne, IN Nelson Bros. & Strom Co., Inc., Racine, WI Mastercraft Tool & Machine Co., Inc., Midwest Tool & Engineering Co., Dayton, OH Nelson Engineering, Garden Grove, CA Southington, CT Mikron Machine, Inc., Cranesville, PA Nelson Grinding, Inc., Fullerton, CA Mastercraft Tool Co., St. Louis, MO Milco Wire EDM, Inc., & Milco Waterjet, Nelson Precision Drilling Co., Glastonbury, Matthews Gauge, Inc., Santa Ana, CA Huntington Beach, CA CT Maudlin & Son Manufacturing Co., Inc., Millat Industries Corp., Dayton, OH Nerjan Development Company, Stamford, CT Kemah, TX Miller Equipment Corporation, Richmond, Neutronics, Inc., Phoenix, AZ May Technology & Mfg., Inc., Kansas City, VA New Century Fabricators, Inc., New Iberia, MO Miller Mold Company, Saginaw, MI LA May Tool & Die, Inc., North Royalton, OH Milrose Industries, Cleveland, OH New England Die Co., Inc., Waterbury, CT MaTech Machining Technologies, Inc., Milwaukee Precision Corporation, New England Precision Grinding, Inc., Hebron, MD Milwaukee, WI Holliston, MA

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New Standard Corporation, York, PA Overton Corporation, Willoughby, OH Pinnacle Precision Co., Glassport, PA Newman Machine Company, Inc., P & A Tool & Die, Inc., Rochester, NY Pioneer Industries, Seattle, WA Greensboro, NC P & N Machine Company, Inc., Houston, TX Pioneer Precision Grinding, Inc., West Niagara Punch & Die Corporation, Buffalo, P & P Mold & Die, Inc., Tallmadge, OH Springfield, MA NY P & R Industries, Inc., Rochester, NY Pioneer Tool & Die Company, Akron, OH Nifty Bar, Inc., Penfield, NY P I A Group, Inc., Cincinnati, OH Pioneer Tool & Die, Inc., Meadville, PA Niles Machine & Tool Works, Inc., P. Tool & Die Company, Inc., N. Chili, NY Piper Plastics, Inc., Chandler, AZ Livermore, CA P–K Tool & Manufacturing Company, Pitt-Tex, Latrobe, PA Nixon Tool Co., Inc., Richmond, IN Chicago, IL Plano Machine & Instrument Inc., Noble Tool Corporation, Dayton, OH Pacific Bearing Company, Rockford, IL Gainesville, TX Norbert Industries, Inc., Sterling Heights, MI Pacific Tool & Die, Inc., Brunswick, OH Plastic Mold Technology Inc., Grand Rapids, Nordon Tool & Mold, Inc., Rochester, NY Pahl Tool Services, Cleveland, OH MI Noremac Manufacturing Corp., Westboro, Palma Tool & Die Company, Inc., Lancaster, Plastipak Packaging, Inc., Package MA NY Development Plant 67, Medina, OH Norman Noble, Inc., Cleveland, OH Palmer Machine Company Inc., Conway, NH Pleasanton Tool and Manufacturing, Inc., North Canton Tool Company, Inc., Canton, Palmer Manufacturing Company, Malden, Pleasanton, CA OH MA Plesh Industries, Inc., Buffalo, NY North Central Tool & Die, Inc., Houston, TX Pankl Aerospace Systems, Cerritos, CA Pol-Tek Industries, Ltd., Cheektowaga, NY North Coast Tool & Mold Corp., Cleveland, Parallax, Inc., Largo, FL Polytec Products Corporation, Menlo Park, OH Paramount Machine & Tool Corp., Fairfield, CA North Easton Machine Co., Inc., North NJ Ponderosa Industries, Inc., Denver, CO Easton, MA Parker Plastics Corporation, Pittsburgh, PA Popp Machine & Tool, Inc., Louisville, KY Northeast E D M, Newburyport, MA Parr-Green Mold and Machine Co., North Port City Machine & Tool Company, Northeast Manufacturing Co., Inc., Stoneham, Canton, OH Muskegon Heights, MI MA Parris Tool & Die Company, Goodlettsville, Portage Knife Company, Inc., Mogadore, OH Northeast Tool & Manufacturing Co., Indian TN Post Products, Inc., Kent, OH Trail, NC Parrish Machine, Inc., South Bend, IN Powers Bros. Machine, Inc., Montebello, CA Northern Machine Tool Company, Pasco Tool & Die, Inc., Meadville, PA Powill Manufacturing &, Engineering, Inc., Muskegon, MI Patco Machine & Fab, Inc., Houston, TX Phoenix, AZ Northern Tool & Gage, Inc., North Royalton, Path Technologies, Inc., Mentor, OH Practical Machine Company, Barberton, OH OH Patkus Machine Company, Rockford, IL Precise Products Corporation, Minneapolis, Northwest Machine Works, Inc., Grand Patriot Machine, Inc., St. Charles, MO MN Junction, CO Patten Tool & Engineering, Inc., Kittery, ME Precision Aircraft Components, Inc., Dayton, Northwest Tool & Die Company, Inc., Grand Paul E. Seymour Tool & Die Co., North East, OH Rapids, MI PA Precision Aircraft Machining, Co., Inc. dba Northwest Tool & Die, Inc., Meadville, PA Peerless Precision, Inc., Westfield, MA PAMCO, Sun Valley, CA Northwood Industries, Inc., Perrysburg, OH Norwood Tool Company, Dayton, OH Pegasus/Triumph Manufacturing, Inc., East Precision Automation Co., Inc., Clarksville, Now-Tech Industries Inc., Lackawanna, NY Berlin, CT IN Nu-Tech Industries, Grandview, MO Peko Precision Products, Rochester, NY Precision Balancing & Analyzing Co., Mentor, Nu-Tool Industries, Inc., North Royalton, OH Pell Engineering & Manufacturing, Inc., OH Numeric Machine, Fremont, CA Pelham, NH Precision Boring Company, Detroit, MI Numeric Machining Co., Inc., West Penco Precision, Fontana, CA Precision Components Group, Inc., Fremont, Springfield, MA Pendarvis Manufacturing, Anaheim, CA CA Numerical Concepts, Inc., Terre Haute, IN Pendleton Tool Company, Inc., Erie, PA Precision Die & Stamping Inc., Tempe, AZ Numerical Precision, Inc., Wheeling, IL Peninsula Screw Machine Products, Inc., Precision Engineering & Mfg. Co., PEMCO, Numerical Productions, Inc., Indianapolis, IN Belmont, CA Haymarket, VA Numet Machine, Stratford, CT Penn State Tool & Die Corp., North Precision Engineering, Inc., Uxbridge, MA NuTec Tooling Systems, Inc., Meadville, PA Huntingdon, PA Precision Gage & Tool Company, Dayton, OH O & S Machine Company, Inc., Latrobe, PA Penn United Tech, Inc., Saxonburg, PA Precision Gage, Inc., Tempe, AZ O–A, Inc., Agawam, MA Pennoyer-Dodge Company, Glendale, CA Precision Grinding & Mfg. Corp., Rochester, O E M Industries, Inc., Dallas, TX Pennsylvania Crusher, Cuyahoga Falls, OH NY O E M, Inc., Corvallis, OR Pennsylvania Tool & Gages, Inc., Meadville, Precision Grinding Inc., Phoenix, AZ O–D Tool & Cutter Inc., Mansfield, MA PA Precision Grinding, Inc., Birmingham, AL O’Keefe Ceramics, Woodland Park, CO Pequot Tool & Mfg., Inc., Pequot Lakes, MN Precision Identity Corporation, Campbell, CA Oakley Die & Mold Company, Inc., Mason, Perfection Tool & Mold Corp., Dayton, OH Precision Machine & Instrument Co., OH Perfecto Tool & Engineering Co., Anderson, Houston, TX Obars Machine & Tool Company, Toledo, OH IN Precision Machine & Tool Co., Longview, TX Oberg Industries Inc., Freeport, PA Perfekta, Inc., Wichita, KS Precision Machine Company, Lancaster, PA Oconee Machine & Tool Company, Inc., Performance Grinding & Manufacturing, Inc., Precision Machine Rebuilding, Inc., Rogers, Westminster, SC Tempe, AZ MN Oconnor Engineering Laboratories, Costa Performance Machining Inc., Irwin, PA Precision Machine Works, Aiken, SC Mesa, CA Perry Tool & Research Inc., Hayward, CA Precision Manufacturing, Technologies, Inc., Ohio Gasket & Shim Company, Akron, OH Petersen Precision Engineering, LLC, Grand Junction, CO Ohio Transitional Machine & Tool, Inc., Redwood City, CA Precision Metal Crafters, Ltd., Greensburg, Toledo, OH Peterson Jig & Fixture, Inc., Rockford, MI PA Oilfield Die Manufacturing Co., Lafayette, LA Phil-Coin Machine & Tool Co., Inc., Hudson, Precision Metal Fabrication, Dayton, OH Omax Corporation, Kent, WA MA Precision Metal Tooling, Inc., Oakland, CA Omega One, Inc., Maple Heights, OH Philips Machining Company, Inc., Precision Mold & Engineering, Inc., Warren, Omega Tool, Inc., Menomonee Falls, WI Coopersville, MI MI Omni Machine Works, Inc., Covington, GA Phoenix Grinding, Div. of Cal-Disc Grinding Precision Mold Base Corporation, Tempe, AZ Omni Tool, Inc., Winston Salem, NC Co., Phoenix, AZ Precision Mold Welding, Inc., Little Rock, AR Optimized EDM, Santa Clara, CA Phoenix Metallics, Phoenix, AZ Precision Products Inc., Greenwood, IN Osborn Products, Inc., Phoenix, AZ Phoenix Tool & Gage, Inc., Phoenix, AZ Precision Resource, California Division, Overland Bolling, Dallas, TX Piece-Maker Company, Troy, MI Huntington Beach, CA Overton & Sons Tool & Die Co. Inc., Pinnacle Manufacturing Co., Inc., Chandler, Precision Resource Tool & Machine, Mooresville, IN AZ Division, Shelton, CT

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Precision Resources, Hawthorne, CA Quick-Way Stampings, Euless, TX Rickman Machine Company, Wichita, KS Precision Specialists, Inc., West Berlin, NJ R & D Machine Shop, Dallas, TX Rid-Lom Precision Tool Corp., Rochester, NY Precision Specialties, San Jose, CA R & D Specialty/Manco, Phoenix, AZ Ridge Machine & Welding Company, Precision Stamping & Tool, Inc., Irvine, CA R & D Tool & Engineering, Lee’s Summit, MO Toronto, OH Precision Stamping, Inc., Farmers Branch, TX R & G Precision Tool Inc., Thomaston, CT Riggins Engineering, Inc., Van Nuys, CA Precision Technology, Inc., Chandler, AZ R & H Manufacturing Inc., Edwardsville, PA Right Tool & Die, Inc., Toledo, OH Precision Tool & Mold, Inc., Clearwater, FL R & J Tool, Inc., Brookville, OH Rite-Way Industries Inc., Louisville, KY Precision Tool Work, Inc., New Iberia, LA R & M Machine Tool, Freeland, MI Riverview Machine Company, Inc., Holyoke, Precision Wire EDM Service Inc., Grand R & M Manufacturing Company, Niles, MI MA Rapids, MI R & M Mold Manufacturing Co., Inc., Riviera Tool Company, Grand Rapids, MI Preferred Tool Company, Inc., Seymour, IN Bloomsbury, NJ Robert C. Reetz Company, Inc., Pawtucket, RI Prescott Aerospace, Inc., Prescott Valley, AZ R & S EDM, Inc., W. Springfield, MA Robert C. Weisheit Co., Franklin Park, IL Pressco Products, Kent, WA R & S Redco, Inc., Rockland, MA Roberts Tool & Die Company, Chillicothe, Prestige Mold Incorporated, Rancho R D C Machine, Inc., Santa Clara, CA MO Cucamonga, CA R Davis EDM, Anaheim, CA Roberts Tool Company, Inc., Chatsworth, CA Price Products, Inc., Escondido, CA R E F Machine Company, Inc., Middlefield, Robrad Tool & Engineering, Mesa, AZ Pride, dba Pride Industries, Brooklyn Park, CT Rochester Automated Systems, Inc., MN R F Cook Manufacturing Co., Stow, OH Rochester, NY Prima Die Castings, Inc., Clearwater, FL R G F Machining Technologies, Canon City, Rochester Gear, Inc., Rochester, NY Prime-Co Tool Inc., East Rochester, NY CO Rochester Manufacturing, Wellington, OH Primeway Tool & Engineering Co., Div. of R J S Corporation, Akron, OH Rochester Precision Machine, Inc., Rochester, Cleary Developments, Inc., Madison R M I, Van Nuys, CA MN Heights, MI R S Precision Industries, Inc., Farmingdale, Rockburl Industries Inc., Rochester, NY Pro-Mold, Inc., Rochester, NY NY Rockford Process Control, Inc., Rockford, IL Pro-Tech Machine, Inc., Burton, MI R T R Slotting & Machine Inc., Cuyahoga Rockford Tool & Manufacturing Co., Process Equipment Company, Tipp City, OH Falls, OH Rockford, IL Product Engineering Company, Columbus, IN R W Machine, Inc., Houston, TX Rockford Toolcraft, Inc., Rockford, IL Production Machining & Mfg., Dallas, TX R. W. Smith Company, Inc., Dallas, TX Rockhill Machining Industries Inc., Production Saw Works, Inc., North Rainbow Tool & Machine Co., Inc., Gadsden, Barberton, OH Hollywood, CA AL Rockstedt Tool & Die, Brunswick, OH Production Tool & Mfg. Co., Portland, OR Raloid Corporation, Reisterstown, MD Rocon Manufacturing Corporation, Ralph Stockton Valve Products, Inc., Producto Machine Company, Bridgeport, CT Rochester, NY Houston, TX Professional Instruments Co., Inc., Hopkins, Rogers Enterprises, Rochester, NY Ram Tool, Inc., Grafton, WI MN Roll Kraft, Mentor, OH Rapid-Line Inc., Grand Rapids, MI Professional Machine & Tool Co., Gallatin, Romold Inc., Rochester, NY Rapidac Machine Corporation, Rochester, NY TN Ron Grob Company, Loveland, CO Ratnik Industries, Inc., Victor, NY Proficient Machining Co., Inc., Mentor, OH Rawlings Engineering, Macon, GA Ronart Industries, Inc., Detroit, MI Profile Grinding, Inc., Cleveland, OH Re-Del Engineering, Campbell, CA Ronlen Industries, Inc., Brunswick, OH Proformance Manufacturing, Inc., Corona, CA Realco Diversified, Inc., Meadville, PA Rons Racing Products, Inc., Tucson, AZ Progressive Concepts Machining, Pleasanton, Reardon Machine Co., Inc., St. Joseph, MO Royalton Manufacturing, Inc., Cleveland, OH CA Reata Engineering & Machine, Works, Inc., Royster’s Machine Shop, LLC, Henderson, Progressive Machine & Design, LLC, Victor, Englewood, CO KY NY Reber Machine & Tool Company, Muncie, IN Rozal Industries, Inc., Farmingdale, NY Progressive Metallizing &, Machine Reed Instrument Company, Houston, TX Ruoff & Sons, Inc., Runnemede, NJ Company, Inc., Akron, OH Reese Machine Company, Inc., Ashtabula, Ryan Industries Inc., York, PA Progressive Tool & Die, Inc., Meadville, PA OH RRR Development Co., Inc., North Canton, Progressive Tool & Die, Inc., Gardena, CA Reg-Ellen Machine Tool Corp., Rockford, IL OH Progressive Tool Company, Waterloo, IA Reichert Stamping Company, Toledo, OH RTS Wright Industries, Nashville, TN Promax Tool Co., Rancho Cordova, CA Reitz Tool, Inc., Cochranton, PA RTS Wright Industries, LLC, Gilbert, AZ Prompt Machine Products, Inc., Chatsworth, Reko International Sales, Inc., Troy, MI S & B Tool & Die Co., Inc., Lancaster, PA CA Reliable EDM, Inc., Houston, TX S & R Tool Inc., Lakeville, NY Proper Cutter, Inc., Guys Mills, PA Remarc Manufacturing Inc., Hayward, CA S C Manufacturing, Akron, OH Proper Mold & Engineering, Inc., Center Line, Remmele Engineering, Inc., New Brighton, S G S Tool Company, Munroe Falls, OH MI MN S L P Machine, Inc., Ham Lake, MN Proto-Design, Inc., Redmond, WA Reny & Company Inc., El Monte, CA S. C. Machine, Chatsworth, CA Protonics Engineering Corp., Cerritos, CA Repairtech International, Inc., Van Nuys, CA Sabre Machining Center, Inc., Dayton, OH ProMold, Inc., Cuyahoga Falls, OH Republic Industries, Louisville, KY Saeilo Manufacturing Industries, Blauvelt, Puehler Tool Company, Valley View, OH Republic-Lagun, Carson, CA NY Pullbrite, Inc., Fremont, CA Research Tool Inc., East Haven, CT Sage Machine & Fabricating, Houston, TX PDQ Machine, Inc., Machesney Park, IL Reuther Mold & Manufacturing Co., Attn: Sagehill Engineering, Inc., Menlo Park, CA PMR, Inc., Avon, OH Accounts Payable, Cuyahoga Falls, OH Saliba Industries, Inc., Lake Forest, IL PQ Enterprise, L.L.C., Grand Rapids, MI Reynolds Manufacturing Co., Inc., Rock Sanders Tool & Mould Company, PR Machine Works, Inc., Mansfield, OH Island, IL Hendersonville, TN Quality Centerless Grinding Corp., Rheaco Inc., Grand Prairie, TX Sandor Tool & Manufacturing Co., Lawrence, Middlefield, CT Rhode Island Centerless, Inc., Johnston, RI MA Quality Grinding and Machine, Rainbow Rich Tool & Die Company, Scarborough, ME Satran Technical Enterprises, Mayer, AZ City, AL Richard Manufacturing Company, Inc., Sattler Machine Products, Inc., Sharon Quality Machine Engineering, Inc., Santa Milford, CT Center, OH Rosa, CA Richard Tool & Die Corporation, New Sawing Services Co., Chatsworth, CA Quality Machining Technology, Inc., Hudson, MI Sawtech, Lawrence, MA Oakdale, CA Richard’s Grinding, Inc., Cleveland, OH Schaffer Grinding Company, Inc., Quality Machining, Inc., Waunakee, WI Richards Machine Tool Company, Inc., Montebello, CA Quality Mold & Engineering, QME Inc., Lancaster, NY Scheu & Kniss, The Elizabeth Companies, Baroda, MI Richsal Corporation, Elyria, OH Louisville, KY Quality Tool & Die Inc., Meadville, PA Rick Sanford Machine Company, San Schill Corp., Toledo, OH Quality Tool Company, Toledo, OH Leandro, CA Schmald Tool & Die Inc., Burton, MI

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Schmiede Corporation, Tullahoma, TN Spartak Products Inc., Houston, TX Systems 3, Inc., Tempe, AZ Schmitt Machine, Inc., Ventura, CA Specialty Machine & Hydraulics, STADCO, Los Angeles, CA Schneider & Marquard, Inc., Newton, NJ Pleasantville, PA STM Manufacturing, Holland, MI Schuetz Tool & Die, Inc., Hiawatha, KS Speed Precision Machining, Phoenix, AZ T & S Industrial Machining Corp., Woburn, Schulze Tool Company, Independence, MO Spenco Machine & Manufacturing, Temecula, MA Schwab Machine, Inc., Sandusky, OH CA T J Tool and Mold, Guys Mills, PA Schwartz Industries, Inc., Warren, MI Spex Precision Machine Technologies, T M Machine & Tool, Inc., Toledo, OH Scientiam Machine Co., Harbor City, CA Rochester, NY T M S Inc., Technical Machining Services, Seaway Industrial Products, Inc., Erie, PA Spike Industries, North Lima, OH Inc., Lincoln, RI Sebewaing Tool & Engineering Co., Spiral Grinding Company, Culver City, CA T R Jones Machine Company, Inc., Crystal Sebewaing, MI Springfield Manufacturing, LLC, Clover, SC Lake, IL Select Manufacturing Company, Rainbow Springfield Tool & Die, Inc., Greenville, SC T. J. Karg Company, Inc., Akron, OH City, AL Spun Metals, Inc., A Deakins Co., Brazil, IN T–K & Associates, Inc., La Porte, IN Select Tool & Die—Tool Div., Dayton, OH Standard Die Supply of Indiana, Inc., T–M Manufacturing Corporation, Sunnyvale, Select Tool & Eng. Inc., Elkhart, IN Indianapolis, IN CA Select Tool and Die, Toledo, OH Standard Jig Boring Service, Inc., Akron, OH Talbar, Inc., Meadville, PA SelfLube, Coopersville, MI Standard Machine Inc., Cleveland, OH Talent Tool & Die, Inc., Berea, OH Selzer Tool & Die, Inc., Elyria, OH Standard Welding & Steel, Products, Inc., Tana Corporation, Toledo, OH Sematool Mold & Die Co., Santa Clara, CA Medina, OH Tanner Oil Tools Inc., Houston, TX Serrano Industries Inc., Santa Fe Springs, CA Stanek Tool Corporation, New Berlin, WI Target Precision, Meadville, PA Service Manufacturing and, Engineering, Stanley Machining & Tool Corp., Taurus Tool & Engineering, Inc., Muncie, IN Norwalk, CA Carpentersville, IL Team Tooling and Design, Incorporated, Service Tool & Die, Inc., Henderson, KY Star Precision Products, Mentor, OH Shawnee, OK Setters Tools, Inc., Piedmont, SC Star Tool & Die, Inc., Elkhart, IN Tech Industries, Inc., Cleveland, OH Sharon Center Mold & Die, Sharon Center, Starn Tool & Manufacturing Co., Meadville, Tech Manufacturing Company, Wright City, OH PA MO Shaw Industries, Inc., Franklin, PA State Industrial Products, Inc., Phoenix, AZ Tech Mold, Inc., Tempe, AZ Shear Tool, Inc., Saginaw, MI Stauble Machine & Tool Company, Tech Tool & Mold, Inc., Meadville, PA Sheets Tool & Manufacturing, Inc., Louisville, KY Tech-Etch, Inc., Plymouth, MA Saegertown, PA Stelted Manufacturing, Inc., Tempe, AZ Tech-Machine, Inc., Colorado Springs, CO Shelby Engineering Company, Inc., Sterling Engineering Corporation, Winsted, Techmetals, Inc., Dayton, OH Indianapolis, IN CT Techni-Cast Corporation, South Gate, CA Sherer Manufacturing Incorporated, Sterling Tool Company, Racine, WI Techni-Products, Inc., East Longmeadow, Clearwater, FL Stevens Manufacturing Co., Inc., Milford, CT MA Sherman Tool & Gage, Erie, PA Stewart Manufacturing Company, Phoenix, Technics 2000 Inc., Olathe, KS Shookus Special Tools, Inc., Raymond, NH AZ Technodic, Inc., Providence, RI ShopTech Industrial Software Corp., Stillion Industries, Ann Arbor, MI Tecno Troqueles Industries, Laredo, TX Cincinnati, OH Stillwater Technologies, Inc., Troy, OH TecoMetrix, LLC, Tempe, AZ Sibley Machine & Foundry Corp., South Stonewall Jackson Mold Inc., Annville, KY Tedco, Inc., Cranston, RI Bend, IN Stoney Crest Regrind Service, Inc., Teke Machine Corp., Rochester, NY Signal Machine Company, New Holland, PA Bridgeport, MI Tell Tool, Inc., Westfield, MA Silicon Valley Mfg., Fremont, CA Streamline Tooling Systems, Muskegon, MI Tenk Machine & Tool Company, Cleveland, Sipco Molding Technologies, Meadville, PA Strobel Machine, Inc., Worthington, PA OH Sirois Tool Co. Inc., Berlin, CT Stuart Tool & Die, Falconer, NY Tennessee Metal Works, Inc., Nashville, TN Six Sigma, Louisville, KY Studwell Engineering, Inc., Sun Valley, CA Tennessee Tool Corporation, Charlotte, TN Ski-Way Machine Products Company, 24460 Subsea Ventures Inc., Houston, TX Terrell Manufacturing Inc., Strongsville, OH Lakeland Blvd., Euclid, OH Suburban Manufacturing Company, Eastlake, Testand Corporation, Pawtucket, RI Skillcraft Machine Tool Company, West OH Tetco, Inc., Plainville, CT Hartford, CT Summit Machine Company, Scottdale, PA Teter Tool & Die, Inc., La Porte, IN Skulsky, Inc., Gardena, CA Summit Precision, Inc., Phoenix, AZ Thaler Machine Company, Dayton, OH Skyline Manufacturing Corp., Nashville, TN Sun EDM Inc., Gilbert, AZ The Baughman Group, Louisville, KY Skylon Mold & Machining, Sugar Grove, PA Sunbelt Plastics, Inc., Frisco, TX The Bechdon Company, Inc., Upper Smith-Renaud, Inc., Cheshire, CT Sunrise Tool & Die, Inc., Henderson, KY Marlboro, MD Smith’s Machine, Cottondale, AL Sunset Tool Inc., Saint Joseph, MI The Foster Group, Rochester, NY Smithfield Manufacturing, Inc., Clarksville, Super Finishers II, Phoenix, AZ The Goforth Corp., dba The Machine Shop, TN Superbolt, Inc., Carnegie, PA Fremont, CA Snyder Systems, Benicia, CA Superior Die Set Corporation, Oak Creek, WI The Metalworking Group, Inc., Cincinnati, Solar Tool & Die, Inc., Kansas City, MO Superior Die Tool Machine Co., Columbus, OH Sonic Machine & Tool, Inc., Tempe, AZ OH The POM Group, Inc., Auburn Hills, MI Sonoma Precision Mfg. Co., Santa Rosa, CA Superior Gear Box Company, Stockton, MO The Ryan Group, Franklin, NJ Sonora Precision Molds, Inc., Mi Wuk Superior Jig, Inc., Anaheim, CA The Sullivan Corporation, Hartland, WI Village, CA Superior Mold Company, Ontario, CA The Timken Company, Specialty Tooling & South Bend Form Tool Company, South Superior Thread Rolling Company Inc., Rebuilding, Canton, OH Bend, IN Arleta, CA The Will-Burt Company, Orrville, OH South Eastern Machining, Inc., Pelzer, SC Superior Tool & Die Company, Bensalem, PA Therm, Inc., Ithaca, NY Southampton Manufacturing, Inc., Superior Tool & Die Company, Inc., Elkhart, Thiel Tool & Engineering Co.,Inc., St. Louis, Feasterville, PA IN MO Southeastern Technology, Inc., Murfreesboro, Superior Tool, Inc., Willow Street, PA Thomas Machine Works, Inc., Newburyport, TN Supreme Tool and Die Company, Fenton, MA Southern Manufacturing Technologies Inc., MO Thornhurst Manufacturing, Inc., Zephyrhills, Tampa, FL Surface Manufacturing, Auburn, CA FL Southwest Mold, Inc., Tempe, AZ Swiss Wire E D M, Costa Mesa, CA Three-Way Pattern, Inc., Wichita, KS Space City Machine & Tool Co., Houston, TX Swissco, Inc., Bell Gardens, CA ThyssenKrupp Budd Company, Shelbyville, Spalding & Day Tool & Die Co., Louisville, Synergis Technologies Group, Grand Rapids, KY KY MI Tipco Punch, Inc., Hamilton, OH Spark Technologies, Inc., Schenley, PA Syst-A-Matic Tool & Design, Meadville, PA Tipp Machine & Tool, Inc., Tipp City, OH

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Titan, Inc., Sturtevant, WI Twin City Plating Company, Minneapolis, Vitron Manufacturing, Inc., Phoenix, AZ Toledo Blank, Inc., Toledo, OH MN Vitullo & Associates, Inc., Warren, MI Toledo Molding & Die, Toledo, OH Two-M Precision Co., Inc., Willoughby, OH Vobeda Machine & Tool Company, Racine, Tolerance Masters, Inc., Circle Pines, MN TAE Corporation, d/b/a T & E Manufacturing, WI Tomak Precision, Lebanon, OH Kent, WA Vulcan Tool Corporation, Dayton, OH Tomco Tool & Die, Inc., Belding, MI TCI Precision Metals, Gardena, CA W & H Stampings & Fineblanking, Inc., TomKen Tool & Engineering, Inc., Muncie, TMI Industries, Inc., Temperance, MI Hauppauge, NY IN TMK Manufacturing Inc., Santa Clara, CA W D & J Machine & Engineering Inc., Tool Gauge & Machine Works, Inc., Tacoma, TMX Engineering & Manufacturing, Santa Fullerton, CA Ana, CA WA W G Strohwig Tool & Die, Inc., Richfield, WI UFE Incorporated, Stillwater, MN Tool Mate Corporation, Cincinnati, OH W W G, Inc., Indianapolis, IN Tool Specialties Company, Hazelwood, MO UMC, Inc., Hamel, MN W. C. Kirby & Son, Inc., Noblesville, IN Tool Specialty Company, Los Angeles, CA US Machine & Tool, Inc., Murfreesboro, TN W.A.C. Consulting/Coss Systems Inc., Tool Tech Corporation, San Jose, CA Ugm, Inc., Salida, CA Tool Tech, Inc., Springfield, OH Ultra Precision, Inc., Freeport, PA Northboro, MA Tool-Matic Company, Inc., City Of Ultra Stamping & Assembly, Inc., Rockford, Wagner Engineering, Inc., Gilbert, AZ Commerce, CA IL Wagner Engraving Co., Kirkwood, MO Toolcomp Tooling & Components Co., Ultra Tool & Manufacturing, Inc., Waiteco Machine, Inc., Devens, MA Toledo, OH Menomonee Falls, WI Waltco Engineering, Inc., Gardena, CA Toolcraft of Phoenix, Inc., Glendale, AZ Ultra-Tech, Inc., Kansas City, KS Walter Tool & Mfg. Inc., Elgin, IL Toolcraft Products, Inc., Dayton, OH Ultramation, Inc., Waco, TX Warmelin Precision Products, Hawthorne, Toolex, Inc., Houston, TX Ultron, Long Beach, CA CA Tools Renewal Company, Birmingham, AL Unique Machine Company, Waukesha Tool & Stamping Inc., Sussex, WI Tools, Inc., Sussex, WI Montgomeryville, PA Wayne Manufacturing, Inc., Boulder, CO Top Tool & Die, Inc., Cleveland, OH Unique Tool & Manufacturing, Randleman, Weco Metal Products, Ontario, NY Toth Industries, Inc., Toledo, OH NC Wemco Precision Tool, Inc., Meadville, PA Toth Technologies, Pennsauken, NJ Unitech, Inc., Kansas City, MO Wentworth Company, Glastonbury, CT Tower Tool & Engineering, Inc., Machesney United Centerless Grinding, East Hartford, Werkema Machine Company, Inc., Grand Park, IL CT Rapids, MI Trace-A-Matic Corporation, Brookfield, WI United Machine Co., Inc., Wichita, KS Wes Products, Madison Heights, MI United Plastics Group, Anaheim, CA Tracer Tool & Die Company Inc., Grand West Hartford Tool & Die Company, United Stars Aerospace, Inc., Kent, WA Rapids, MI Newington, CT United States Fittings, Inc., Warrensville Hgt, Trademark Die & Engineering, Belmont, MI OH West Pharmaceutical Services, Erie, PA Tram Tek Inc., Phoenix, AZ United Tool & Engineering Co., South Beloit, West Valley Milling, Inc., Chatsworth, CA Transmatic Manufacturing, Mesa, AZ IL West Valley Precision Inc., San Jose, CA Treblig, Inc., Greenville, SC United Tool & Engineering, Inc., Mishawaka, Western Air Products, Tucson, AZ Trec Industries, Inc., Brooklyn Heights, OH IN Western Mass. MechTech, Inc., Ware, MA Tree City Mold & Machine Co., Inc., Kent, Universal Brixius, Milwaukee, WI Western Tap Manufacturing Co., Inc., Buena OH Universal Custom Process, Inc., Streetsboro, Park, CA Treffers Precision, Inc., Phoenix, AZ OH Westfield Manufacturing Corp., Westfield, IN Tresco Tool, Inc., Guys Mills, PA Universal Precision Products Inc., Akron, OH Westfield Tool & Die, Inc., Westfield, MA Tri Craft, Inc., Middleberg Heigh, OH Upland Fab, Inc., Ontario, CA Westlake Tool & Die Mfg., Avon, OH Tri-City Machine Products, Inc., Peoria, IL UAB Manufacturing Co., Inc., Southampton, Westool Corporation, Temperance, MI Tri-City Tool & Die, Inc., Bay City, MI PA White Machine, Inc., North Royalton, OH Tri-Core Mold & Die, Machesney Park, IL USAeroteam, Dayton, OH Whitehead Tool & Design, Inc., Guys Mills, Tri-M-Mold, Inc., Stevensville, MI V & M Tool Company, Inc., Perkasie, PA PA Triad Plastic Technologies, Reno, NV V & S Die & Mold, Inc., Lakewood, OH Wiegel Tool Works, Inc., Wood Dale, IL Triangle Tool Company, Erie, PA VA Machine & Tools, Inc., Broussard, LA Wiesen EDM, Inc., Belding, MI Tribond Industries, Inc., Phoenix, AZ V Ash Machine Company, Cleveland, OH Wightman Engineering Services, Inc., Santa Tricon Machine LLC, Rochester, NY VI Mfg., Inc., Webster, NY Clara, CA Tridecs Corporation, Hayward, CA VRC, Inc., Berea, OH Wilco Die Tool Machine Company, Maryland Trident Precision Manufacturing, Webster, V.A.W. of America, Inc., Phoenix, AZ Heights, MO NY Valley Machine Works, Inc., Phoenix, AZ Wilkinson Mfg., Inc., Santa Clara, CA Trimac Manufacturing, Inc., Santa Clara, CA Valley Tool & Die, Inc., North Royalton, OH Willer Tool Corporation, Jackson, WI Trimble Navigation Ltd. Engineering & Valv-Trol Company, Stow, OH William Sopko & Sons Co., Inc., Cleveland, Construction Division, Huber Heights, OH Van Engineering, R Vandewalle, Inc., OH Trimetric Specialties, Inc., Newark, CA Cincinnati, OH Trimline Tool, Inc., Grandville, MI Williams Engineering &, Manufacturing, Inc., Van Os Machine Works, Inc., St. Louis, MO Chatsworth, CA Trinity Tools, Inc., North Tonawanda, NY Van Reenen Tool & Die Inc., Rochester, NY Williams Machine, Inc., Lake Elsinore, CA Trio Manufacturing, Inc., Kent, WA Van-Am Tool & Engineering, Inc., St. Joseph, Williams Machining Co., Edinboro, PA Trio Tool & Die, Inc., Hawthorne, CA MO Windsor Tool & Die, Inc., Cleveland, OH Triple-T Cutting Tools Inc., West Berlin, NJ Vanderveer Industrial Plastics, Inc., Triplett Machine, Inc., Phelps, NY Placentia, CA Wintech Industries Inc., Tempe, AZ Trojan Mfg. Co. Inc., Piqua, OH Vanpro, Inc., Cambridge, MN Wire Cut Company, Inc., Buena Park, CA Trotwood Corporation, Trotwood, OH Varco Systems, Orange, CA Wire Tech E D M, Inc., Los Alamitos, CA Tru Form Manufacturing Corp., Rochester, Vaughn Manufacturing Company, Inc., Wire-Tech, Inc., Tempe, AZ NY Nashville, TN Wirecut Technologies Inc., Indianapolis, IN Tru Tool, Inc., Sturtevant, WI Venango Machine Products, Inc., Reno, PA WireCut E D M, Inc., Dallas, TX Tru-Cut, Inc., Sebring, OH Versacut Ind. Inc., Morenci, MI Wisconsin Engraving Company/Unitex, New True Cut EDM Inc., Garland, TX VersaTool & Die Machining, and Engineering Berlin, WI True-Tech Corporation, Fremont, CA Inc., Beloit, WI Wise Machine Co., Inc., Butler, PA Trust Technologies, Willoughby, OH Vico Louisville, Louisville, KY Wolverine Bronze Company, Roseville, MI Trutron Corporation, Troy, MI Viking Tool & Engineering, Whitehall, MI Wolverine Tool & Engineering, Belmont, MI Tschida Engineering, Inc., Napa, CA Viking Tool & Gage, Inc., Conneaut Lake, PA Wolverine Tool Company, St. Clair Shores, Tucker Engineering Inc., Peabody, MA Vistek Precision Machine Company, Ivyland, MI Turn-Tech, Inc., Pinehurst, TX PA Woodruff Corporation, Torrance, CA

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Wright Brothers Welding &, Sheet Metal, Inc., SUPPLEMENTARY INFORMATION: This FOR FURTHER INFORMATION CONTACT: Hollister, CA Notice amends the Federal Register Contact Jogindar (Joe) Dhillon via WADKO Precision, Inc., Eagle Lake, TX notice published on February 27, 2003 telephone at (301) 975–5521. You may WGI Inc., Southwick, MA (68 FR 9061) extending the deadline for WSI Industries, Inc., Osseo, MN register for the workshop by e-mail at X–L Machine Company, Inc., Three Rivers, the availability of funds for the Special [email protected] or by fax at (301) 975– MI American Business Internship Training 5414. You may also register by U.S. mail XLI Corporation, Rochester, NY program (SABIT), for training business addressed to NVCASE Workshop Yarde Metals, Inc., Bristol, CT executives and scientists (also referred Coordinator, (Attention: Joe Dhillon), Yates Tool, Inc., Medina, OH to as Ainterns’’) from Eurasia (Armenia, NIST, 100 Bureau Drive, Stop 2150, Yoder Die Casting Corporation, Dayton, OH Azerbaijan, Belarus, Georgia, Gaithersburg, Maryland 20899–2150. Youngberg Industries, Inc., Belvidere, IL Kazakhstan, Kyrgyzstan, Moldova, Youngers and Sons Manufacturing, Russia, Tajikistan, Turkmenistan, SUPPLEMENTARY INFORMATION: In Company, Inc., Viola, KS Ukraine, and Uzbekistan). All accordance with Title 15 Part 286.2(b) of Youngstown Plastic Tooling &, Machinery, the Code of Federal Regulations, NIST Inc., Youngstown, OH applications must be received by SABIT Z & Z Machine Products Inc., Racine, WI by April 7, 2003. All information in the will establish this program pursuant to Z M D Mold & Die Inc., Mentor, OH previous announcement remains a letter received from the International Zircon Precision Products, Inc., Tempe, AZ current, except for the change of the Organic Accreditation Service (IOAS) in Zuelzke Tool & Engineering, Milwaukee, WI closing date. which it expressed its interest to seek 4 Axis Machining, Inc., Denver, CO NIST recognition under the NVCASE Dated: March 28, 2003. program. IOAS is an accreditor of [FR Doc. 03–7839 Filed 4–1–03; 8:45 am] Liesel C. Duhon, BILLING CODE 3510–DR–P product certifiers for organic production Director, SABIT Program. and processing. Further information for [FR Doc. 03–7956 Filed 4–1–03; 8:45 am] IOAS is available at http:// DEPARTMENT OF COMMERCE BILLING CODE 3510–HE–P www.ioas.org. NIST may recognize IOAS and any other prospective International Trade Administration candidate who will then accredit DEPARTMENT OF COMMERCE [Docket No. 021220324–3072–03] certification bodies for organic National Institute of Standards and production and processing. This sub- Special American Business Internship Technology program would use the norms of Training Program (SABIT) International Federation of Organic Announcement of a Public Workshop Agriculture Movements (IFOAM). You AGENCY: International Trade for Developing Criteria for may access IFOAM Norms 2002 at http:/ Administration, Department of Accreditation of Certification Bodies /www.ifoam.org/standard/index.html. Commerce. Involved in Organic Production and Due to heightened security concerns, ACTION: Correction of the notice of Processing interested parties who wish to attend extension of funding availability for the workshop should arrive 30 minutes grants under the Special American AGENCY: National Institute of Standards Business Internship Training Program and Technology. prior to the beginning of the workshop (SABIT). This notice also clarifies the ACTION: Notice of public meeting. and should bring two forms of deadline date of the application process. identification. Applications are to be received in the SUMMARY: The National Institute of A copy of NVCASE regulations is SABIT office by the closing date. Standards and Technology (NIST) available at http://ts.nist.gov/nvcase. Applications postmarked by the closing invites interested parties to attend a This program under NVCASE will allow date, but arriving after the closing date, two-hour workshop regarding the the certification bodies to satisfy the will not be accepted. development of criteria for a sub- conformity assessment requirements of program of the National Voluntary international Guides/Standards and SUMMARY: The International Trade Conformity Assessment System IFOAM norms. Administration publishes this notice to Evaluation (NVCASE) Program for correct the closing date for the Special recognition of accreditors of Dated: March 28, 2003. American Business Internship Training certification bodies involved in organic Arden Bement, Program (SABIT) from March 1, 2003 to production and processing. Director. April 7, 2003. The extension was NVCASE program procedures require [FR Doc. 03–7885 Filed 4–1–03; 8:45 am] NIST to consult the public when published in the Federal Register on BILLING CODE 3510–13–P February 27, 2003. The correct closing establishing requirements to be applied date is April 7, 2003. in evaluations conducted within the DATES: To be considered, applications scope of NVCASE programs. There is no DEPARTMENT OF COMMERCE must be received in the SABIT office by fee for the workshop; however, all April 7, 2003. Processing of complete attendees must register in advance with National Oceanic and Atmospheric applications takes approximately three the Workshop Coordinator no later than Administration to four months. All awards are expected May 1, 2003. Due to limited space, the to be made by July 1, 2003. interested parties will be registered on [I.D. 032603A] FOR FURTHER INFORMATION CONTACT: a first-come first-served basis. Liesel Duhon, Director, Special DATES: The workshop will be held on Endangered and Threatened Species; American Business Internship Training May 9, 2003, from 9 a.m. to 11 a.m. Take of Anadromous Fish program, International Trade ADDRESSES: The workshop will be held Administration, U.S. Department of at National Institute of Standards and AGENCY: National Marine Fisheries Commerce, phone—(202) 482–0073, Technology (NIST—North), located at Service (NMFS), National Oceanic and facsimile—(202) 482–2443. These are 820 W. Diamond Avenue, Room 152, Atmospheric Administration (NOAA), not toll free numbers. Gaithersburg, Maryland 20878. Commerce.

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ACTION: Receipt of an application for a ADDRESSES). The holding of such a State of Washington, more fully scientific research/enhancement permit hearing is at the discretion of the described below (see SUPPLEMENTARY (1288) and request for comment. Assistant Administrator for Fisheries, INFORMATION). NMFS. All statements and opinions SUMMARY: Notice is hereby given that DATES: Comments or requests for a contained in the permit action public hearing on the permit application NMFS has received an application for a summaries are those of the applicant permit from Dynamac/USEPA in must be received at the appropriate and do not necessarily reflect the views address or fax number (see Address) no Corvallis, OR (1288). The permit would of NMFS. affect five Evolutionarily Significant later than 5 p.m Pacific daylight time on Units (ESUs) of salmonids identified in Species Covered in This Notice May 2, 2003. Anyone requesting a the SUPPLEMENTARY INFORMATION section. This notice is relevant to the hearing should state the specific reasons This document serves to notify the following five threatened salmonid why a hearing would be appropriate public of the availability of the permit ESUs: threatened Southern Oregon/ (see ADDRESSES). The holding of such application for review and comment Northern California Coast coho salmon hearing is at the discretion of the before a final approval or disapproval is O. kisutch, threatened Central California Assistant Administrator for Fisheries, made by NMFS. Coast coho salmon, threatened Northern NOAA. DATES: Written comments on the permit California Steelhead O. mykiss, ADDRESSES: Written comments on the application must be received no later threatened Central California Coast application should be sent to than 5 p.m. Daylight Savings Time on steelhead, and threatened California Washington State Branch Office, Habitat May 2, 2003. Coastal Chinook salmon O. tshawytscha. Conservation Division, 510 Desmond Drive SE, Suite 103, Lacey, WA 98503. ADDRESSES: Written comments on the Modification Request Received modification request should be sent to Comments may also be sent via fax to the appropriate office as indicated Dynamac/USEPA requests permit 360–753–9517. Comments will not be below. Comments may also be sent via 1288 for takes of juvenile ESA-listed accepted if submitted via e-mail or the fax to the number indicated for the coho salmon, steelhead and Chinook internet. Requests for the permit request. Comments will not be accepted salmon associated with studies application should be directed to the if submitted via e-mail or the internet. assessing presence and population Washington State Branch office (address The applications and related documents abundances of species in selected above). The application also is available are available for review in the indicated streams throughout California. on the internet at http:// office, by appointment: For permit 1288: Dynamac/USEPA has proposed to use www.nwr.noaa.gov/ or it may be Diana Hines, Protected Species electrofishing as the method of capture. reviewed by appointment during Division, NMFS, 777 Sonoma Avenue, Permit 1288 will expire June 30, 2008. business hours at the Washington State Room 325, Santa Rosa, CA 95404 6528 Dated: March 28, 2003. Branch office by calling 360–753–9530. (ph: 707 575 6057, fax: 707 578 3435). Phil Williams, FOR FURTHER INFORMATION CONTACT: Documents may also be reviewed by Chief, Endangered Species Division, Office Stephanie Ehinger, Washington State appointment in the Office of Protected of Protected Resources, National Marine Branch Office Habitat Division, Lacey, Resources, F/PR3, NMFS, 1315 East- Fisheries Service. Washington (ph: 360–534–9341, e-mail: West Highway, Silver Spring, MD 20910 [FR Doc. 03–7969 Filed 4–1–03; 8:45am] [email protected]); or Dan 3226 (301 713 1401). BILLING CODE 3510–22–S Guy at the same office (ph: 360–534– FOR FURTHER INFORMATION CONTACT: 9342; e-mail: [email protected]). Diana Hines at phone number 707–575– SUPPLEMENTARY INFORMATION: 6057, or e-mail: [email protected]. DEPARTMENT OF COMMERCE Authority SUPPLEMENTARY INFORMATION: National Oceanic and Atmospheric Administration Section 9 of the ESA and Federal Authority regulations prohibit the ‘‘taking’’ of a Issuance of permits and permit [I.D. 032703C] species listed as endangered or modifications, as required by the threatened. The term take under the Endangered Species Act of 1973 (16 Endangered and Threatened Species; ESA means harass, harm, pursue, hunt, U.S.C. 1531 1543) (ESA), is based on a Take of Anadromous Fish shoot, wound, kill, trap, capture, or finding that such permits/modifications: AGENCY: National Marine Fisheries collect, or to attempt to engage in any (1) are applied for in good faith; (2) Service (NMFS), National Oceanic and such conduct (16 U.S.C. 1532(19)). would not operate to the disadvantage Atmospheric Administration (NOAA), Under limited circumstances, NMFS of the listed species which are the Commerce. may issue permits to take listed species, subject of the permits; and (3) are ACTION: Application for scientific such as scientific research and consistent with the purposes and research and enhancement of survival enhancement permits issued under policies set forth in section 2 of the permit (1425). Section 10(a)(1)(A) of the ESA (16 ESA. Authority to take listed species is U.S.C.1531 et. seq.) and Federal subject to conditions set forth in the SUMMARY: Notice is hereby given that regulations found at 50 CFR 222.308. permits. Permits and modifications are NMFS has received an application for a NMFS issues permits based on findings issued in accordance with and are scientific research and enhancement that such permits: (1) are applied for in subject to the ESA and NMFS permit from Fish First, a non-profit good faith; (2) if granted and exercised regulations governing listed fish and organization, pursuant to the would not operate to the disadvantage wildlife permits (50 CFR parts 222–226). Endangered Species Act, as amended of the listed species that are the subject Those individuals requesting a (ESA). The permit application is for the of the permit; and (3) are consistent hearing on an application listed in this take of ESA-listed adult and juvenile with the purposes and policy of section notice should set out the specific salmon associated with enhancement 2 of the ESA. The authority to take reasons why a hearing on that and restoration of salmon habitat listed species is subject to conditions set application would be appropriate (see activities in the Lewis River basin in the forth in the permit.

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Species Covered in this Notice monitoring of restoration and Dated: March 28, 2003. The following listed species and enhancement project activities, their Phil Williams, evolutionary significant units (ESUs) are impacts on listed salmon, their Chief, Endangered Species Division, Office covered in this notice: structural stability, vegetation plantings of Protected Resources, National Marine Fisheries Service. Chinook salmon (Oncorhynchus and fish use. Fish First will provide tshawytscha): Threatened Lower annual reports of such assessments and [FR Doc. 03–7966 Filed 4–1–03; 8:45 am] Columbia River (LCR), monitoring to NMFS, so that the results BILLING CODE 3510–22–S Steelhead (O. mykiss): Threatened of the actions can be measured and so that projects can be modified as needed. LCR, and DEPARTMENT OF COMMERCE Chum salmon (O.keta): Threatened Fish First will also monitor all take and LCR. provide NMFS with annual reports National Oceanic and Atmospheric Background indicating the type of take and amount Administration of take, including whether any fish were [I.D. 032703D] Fish First requests a 5–year permit for killed. annual take of adult and juvenile threatened LCR chinook salmon, The proposed activities by Fish First Endangered and Threatened Species; Take of Anadromous Fish threatened LCR steelhead and will be carried out solely for the benefit of listed salmon; that is, for the threatened LCR chum salmon. Fish First AGENCY: National Marine Fisheries is a 501(c)(3) non-profit organization enhancement of survival of listed Service (NMFS), National Oceanic and created explicitly to aid in the species as contemplated by section 10 Atmospheric Administration (NOAA), enhancement and recovery of (a)(1)(A) of the ESA. They are not Commerce. anadromous salmon populations - activities incidental to some otherwise ACTION: Applications for four scientific particularly the threatened LCR ESUs lawful actions. The proposed activities research permits (1114, 1124, 1134, listed above - in the Lewis River Basin by Fish First may result in take of adult 1152) and four permit modifications in the State of Washington. The and juvenile LCR salmon, primarily in (1290, 1291, 1322, 1376). organization proposes to undertake the form of harassment, but also some projects that will enhance and restore capture, handle, release. Fish First will SUMMARY: Notice is hereby given that salmon habitat on private property take specific measures, such as NMFS has received four permit adjacent to and in the Lewis River. The designing, scheduling, and sequencing applications and four applications to proposed activities would restore construction work, to minimize any modify existing scientific research natural aquatic or riparian habitat impacts. In-water project work will permits relating to Pacific salmon and processes or conditions, and selectively occur during NMFS approved work steelhead. All of the proposed research alter degraded habitat features to windows. If fish capture is needed to is intended to increase knowledge of species listed under the Endangered improve habitat conditions. All of Fish de-water a work site, the capture, Species Act (ESA) and to help guide First’s proposed projects were handle and release of fish will be done resource management and conservation developed in response to a Limiting by qualified fisheries biologists Factors Analysis completed in efforts. according to the established procedures association with the Washington State DATES: Comments or requests for a and conditions NMFS imposes in other Conservation Commission. public hearing on the applications or The enhancement projects proposed scientific research permits for listed modification requests must be received in the application include: (1) ESUs. However, the organization will no later than 5 p.m. Pacific daylight restoration of fish passage areas from try to do its work when fish are not savings time on May 2, 2003. present. Fish First will also comply with which salmon have been blocked due to ADDRESSES: Written comments on the anthroprogenic activities; (2) Washington State permits, including applications or modification requests obliteration of old roads and old road any intended to protect water quality. should be sent to Protected Resources crossings to restore riparian and Because the habitat actions are designed Division, NMFS, F/NWO3, 525 NE floodplain habitats; (3) riparian specifically to enhance the survival of Oregon Street, Suite 500, Portland, OR enhancements, such as planting native the listed salmon, the impacts of the 97232–2737. Comments may also be vegetation and restricting livestock habitat modifications will be beneficial sent via fax to 503–230–5435. access via fencing; (4) reconnecting off- to the survival and recovery of the listed Comments will not be accepted if channel habitat including old side LCR ESUs. Complete details of the submitted via e-mail or the internet. channels, oxbows and wetlands to proposed activities, specific locations FOR FURTHER INFORMATION CONTACT: improve salmon rearing habitat and and anticipated take are provided in the Chris Bill, Portland, OR (ph: 503–230– water quality; (5) nutrient enhancement permit application. 5403, Fax: 503–230–5435, e-mail by salmon carcass placement to improve This notice is provided pursuant to [email protected]). Permit/ watershed productivity; (6) placement section 10(c) of the ESA. NMFS will modification applications, including of large woody debris to increase evaluate the application, associated amount of take requested are available channel complexity and improve documents and comments submitted to at http://www.nwr.noaa.gov. instream conditions for adult and SUPPLEMENTARY INFORMATION: juvenile salmon; (7) supplementing determine whether the application spawning gravel in stream reaches with meets the requirements of section 10(a) Species Covered in This Notice of the ESA and Federal regulations. The limited gravel supply; (8) creating in- The following listed species and stream habitat and pool riffle sequences final permit decision will not be made evolutionarily significant units (ESUs) in stream reaches simplified and until after the end of the 30–day are covered in this notice: degraded by historic anthropogenic comment period and after NMFS has Sockeye salmon (Oncorhynchus activities. fully considered all public comments nerka): endangered Snake River (SR). In addition, Fish First will undertake received. NMFS will publish notice of Chinook salmon (O. tshawytscha): continuous watershed assessments and its final action in the Federal Register. endangered natural and artificially

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propagated upper Columbia River species, size, origin (hatchery or production monitoring and evaluation; (UCR); threatened natural and natural), and examined for the presence and Task 7 - Steelhead supplementation artificially propagated SR spring/ of a coded wire tag (CWT) or passive research. Under these tasks, listed adult summer (S/S); threatened SR fall; integrated transponder (PIT) tag. Some and juvenile salmon would be (a) threatened lower Columbia River (LCR); of the captured fish would be examined observed/harassed during fish threatened upper Willamette River for evidence of gas bubble trauma (GBT) population and production monitoring (UWR); threatened natural and and others would be implanted with a surveys; (b) captured (using seines, artificially propagated Puget Sound PIT tag. All captured fish would be trawls, traps, hook-and-line angling (PS). allowed to recover before being released equipment, and electrofishing Chum salmon (O. keta): threatened in the dam’s tailrace. The WDFW also equipment) and anesthetized; (c) Columbia River (CR). expects to capture a few downstream- sampled for biological information and Steelhead (O. mykiss): endangered migrating steelhead kelts during the tissue samples, (d) PIT-tagged or tagged natural and artificially propagated UCR; course of the trapping operation. These with radio transmitters or other threatened SR; threatened middle fish would be anesthetized and identifiers, (e) and released. Some fish Columbia River (MCR); threatened LCR. immediately moved to the lower would die as a result of the research sections of the adult fishway where they activities though the permit would Authority could recover on their own and include salvage and rescue operations as Scientific research permits are issued continue their migration. The WDFW part of the allotted take (i.e., during in accordance with Section 10(a)(1)(A) does not intend to kill any of the fish some of the activities, listed fish would of the ESA (16 U.S.C. 1531 et seq.) and being captured, but a small percentage be collected and transported downriver regulations governing listed fish and may die as a result of the research to improve their survival). In addition, wildlife permits (50 CFR parts 222–226). activities. the IDFG is asking to lethally take a NMFS issues permits and modifications The purpose of the research is to small number of juvenile SR sockeye based on findings that such permits and provide important information and spring/summer chinook salmon modifications: (1) are applied for in regarding what effects the annual mid- during some of the research. good faith; (2) if granted and exercised, and upper (Columbia) river water The research has many purposes and would not operate to the disadvantage allocation budget has on listed would benefit listed SR salmon in of the listed species that are the subject salmonids. The data being collected different ways. In general, the purpose of the permit; and (3) are consistent would be used to assess the effects of of the research is to determine the with the purposes and policy of section the water allocation plan, thereby distribution, abundance, and 2 of the ESA. The authority to take improving smolt migration conditions productivity of anadromous and listed species is subject to conditions set (e.g., through releasing adequate resident fish stocks; measure the forth in the permits. amounts of upstream water during the efficacy of harvest management Anyone requesting a hearing on an migration period) and increasing listed strategies and the impact of proposed or application listed in this notice should spring chinook and steelhead survival existing habitat alteration projects; and set out the specific reasons why a rates. Another objective is to help monitor natural production levels, hearing on that application would be resource managers develop the basin- salmonid health, and the effectiveness appropriate (see ADDRESSES). The wide database for PIT-tagged salmonids of supplementation efforts. The research holding of such hearing is at the and thus increase what is known about would benefit listed salmon by helping discretion of the Assistant smolt migration timing and behavior in resource managers tailor land-altering Administrator for Fisheries, NOAA. the Columbia River system. activities (e.g., timber harvest, road building) to the needs of the fish; set Permit 1124 Permit/Modifcation Applications harvest regimes so that they have The Idaho Department of Fish and Permit 1114 minimal impacts on listed populations; Game (IDFG) is requesting a 5–year prioritize projects in a way that gives The Washington Department of Fish permit for seven study tasks that, among maximum benefit to listed species; and and Wildlife (WDFW) is requesting a 5– them, would annually take adult and design strategies and activities to help year permit for a study that would juvenile threatened SR fall chinook recover them. annually take juvenile and adult, salmon; adult and juvenile threatened natural and artificially-propagated, spring/summer SR chinook salmon Permit 1134 endangered UCR spring chinook (natural and artificially propagated); and The Columbia River Inter Tribal Fish salmon; and juvenile and adult, natural adult and juvenile endangered SR Commission (CRITFC) is requesting a 5– and artificially propagated, endangered sockeye salmon in the Salmon and year permit covering five study projects UCR steelhead. Under this permit, the Clearwater Rivers in Idaho. The original that, among them, would annually take WDFW would capture juvenile, Permit 1124 was in place for 5 years (63 adult and juvenile threatened SR fall artificially propagated and natural UCR FR 30199) with one amendment (67 FR chinook salmon; adult and juvenile spring chinook salmon and steelhead as 34909); it expired on December 31, threatened SR spring/summer chinook part of a long-term, ongoing smolt 2002. It contained the same seven salmon (natural and artificially monitoring program at Rock Island Dam research tasks being requested under propagated); and adult and juvenile on the Columbia River in Washington this permit application: Task 1 - General threatened SR steelhead in the Snake State. The original permit was in place fish population inventory; Task 2 - River basin. The original permit was in for 5 years (63 FR 20169) with three Spring/summer chinook salmon natural place for 5 years (63 FR 30199) with one modifications (63 FR 43381, 65 FR production monitoring and evaluation; amendment (67 FR 43909); it expired on 15314, 66 FR 38641); it expired on Task 3 - Spring/summer chinook salmon December 31, 2002. Over the years, December 31, 2002. Under the new supplementation research; Task 4 - there have been some changes in the permit (as with the old) the captured Redfish Lake, Pettit Lake, Alturas Lake research and they are reflected in this smolts would be held for as long as 24 kokanee/sockeye research; Task 5 - application (e.g., the aforementioned hours and all would be anesthetized, Salmon and steelhead fish health amendment and some reallocation of sampled for data relating to their monitoring; Task 6 - Steelhead natural research activities and their associated

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take to other permits), nonetheless, the modification) and they are reflected in salmon; endangered UCR steelhead projects proposed are largely this application, nonetheless, the (natural and artificially propagated); and continuations of ongoing research. They projects proposed are largely threatened MCR steelhead during the are: Project 1 Adult Spring/summer and continuations of ongoing research. They course of research being conducted in Fall Chinook Salmon and Summer are: Project 1 Northeast Oregon Spring the Columbia River estuary. The Steelhead Ground and Aerial Spawning Chinook Salmon Spawning Ground NWFSC proposes to capture, handle, Ground Surveys; Project 2 Surveys; Project 2 Spring Chinook and release listed salmonids, and while Cryopreservation of Spring/summer Salmon and Steelhead Life History in most of the fish would be unharmed, Chinook Salmon and Summer Steelhead the Grande Ronde River Basin; Project 3 some would die during the course of the Gametes; Project 3 Adult Chinook Residual hatchery Steelhead Monitoring research and a small number of them Salmon Abundance Monitoring Using in Northeast Oregon; Project 4 Passage would be intentionally killed. Purse Video Weirs, Acoustic Imaging, and PIT and Irrigation Screening; Project 5 Bull seines or beach seines would be the tag Detectors in the South Fork Salmon Trout Migratory patterns, Population primary capture method. Captured fish River; Project 4 Snorkel, Seine, Minnow Structure, and Abundance in the Blue would be anesthetized, identified, and Traps, and Electrofishing Surveys and Mountains Province (does not target measured. Collection of Juvenile Chinook Salmon listed species but would indirectly take The purpose of the research is to and Steelhead; and Project 5 Juvenile them); and Project 6 Fish Distribution evaluate the importance of the Columbia Anadromous Salmonid Emigration and Abundance Monitoring in Northeast River estuary to baitfish populations Studies Using Rotary Screw Traps. Oregon. Under these tasks, listed adult and salmonid marine survival, and the Under these projects, listed adult and and juvenile salmon would be variously role of disease as a factor affecting juvenile salmon would be variously (a) (a) observed/harassed during fish survival of juvenile salmonids in the observed/harassed during fish population and production monitoring estuarine and marine environment. The population and production monitoring surveys; (b) captured (using seines, research would benefit listed salmonids surveys; (b) captured (using seines, trawls, traps, hook-and-line angling by contributing information on the trawls, traps, hook-and-line angling equipment, and electrofishing extent to which baitfish populations and equipment, and electrofishing equipment) and anesthetized; (c) diseases affect the growth and survival equipment) and anesthetized; (c) sampled for biological information and of juvenile salmonids in the estuarine sampled for biological information and tissue samples, (d) PIT-tagged or tagged and early ocean environments. tissue samples, (d) PIT-tagged or tagged with radio transmitters or other with other identifiers, (e) and released. identifiers, (e) and released. The ODFW Permit 1291 Modification 1 The CRITFC does not intend to kill any does not intend to kill any of the fish The United States Geological Survey of the fish being captured, but a small being captured, but a small percentage (USGS) is requesting a modification to percentage may die as a result of the may die as a result of the research Permit 1291 that would allow it to use research activities. activities. The research has many purposes and The research has many purposes and McNary Dam on the Columbia River as would benefit listed salmon and would benefit listed salmon and an alternate collection point for some of steelhead in different ways. In general, steelhead in different ways. In general, the fish used in their research. Under the studies are part of ongoing efforts to the purpose of the proposed research is the modification, the USGS would monitor the status of listed species in to gather information on the natural annually take juvenile threatened SR the Snake River basin and to use that production, distribution, survival, spring/summer chinook salmon (natural data to inform decisions about land- and resource and habitat use, and genetic and artificially propagated); threatened fisheries management actions and to and life history characteristics of listed SR fall chinook salmon, endangered help prioritize and plan recovery chinook salmon and steelhead in UCR chinook salmon (natural and measures for the listed species. The Northeast Oregon. The research artificially propagated); threatened LCR studies would continue to benefit listed activities would provide ongoing chinook salmon; threatened UWR species by generating population benefits to listed salmon and steelhead chinook salmon; threatened LCR abundance estimates, allowing by helping resource managers (a) guide steelhead; threatened MCR steelhead; comparisons to be made between recovery actions, (b) prioritize habitat endangered UCR steelhead (natural and naturally reproducing populations and protection and restoration projects, (c) artificially propagated); threatened SR those being supplemented with monitor ongoing management activities, steelhead; and endangered SR sockeye hatchery fish, and helping preserve (d) evaluate supplementation efforts, salmon at up to three dam sites on the listed salmon and steelhead genetic and (d) provide effective screening on Columbia River. Under the diversity. water diversions that might otherwise modification, the listed juvenile fish entrain, strand, and kill listed fish. would be either (1) captured by Smolt Permit 1152 Monitoring Program (SMP) personnel at The Oregon Department of Fish and Permit 1290–Modification 1 John Day Dam (and, if necessary at Wildlife (ODFW) is requesting a 5–year The Northwest Fisheries Science Bonneville and McNary Dams) handled, permit covering six projects that, among Center (NWFSC), NMFS in Seattle, WA and released or (2) captured by SMP them, would annually take juvenile and is requesting a modification to permit personnel and given to USGS personnel adult threatened SR spring/summer 1290 that would allow it to increase the and implanted with radio transmitters, chinook salmon (natural and artificially number of fish taken in its research. transported, held for as long as 24 propagated) and adult and juvenile Under the modification, the NWFSC hours, released, and tracked threatened SR steelhead in Northeast would increase its annual take of electronically. The USGS requests that Oregon. The original permit was in juvenile threatened SR spring/summer SMP personnel be allowed to act as place for 5 years (63 FR 49336) with one chinook salmon (natural and artificially agents of the USGS under the proposed modification (67 FR 34909); it expired propagated); threatened SR fall chinook permit. The USGS does not intend to on December 31, 2002. Over the years, salmon; endangered UCR chinook kill any of the fish being captured, but there have been some changes in the salmon (natural and artificially a small percentage may die as a result research (e.g., the aforementioned propagated); threatened LCR chinook of the research activities.

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The purpose of the research is to Center; and Washington Department of DEPARTMENT OF COMMERCE monitor (using radio telemetry) juvenile Fish and Wildlife. fish movement, distribution, behavior, National Oceanic and Atmospheric and survival in the Columbia River. The Permit 1376 Modification 1 Administration research would benefit listed salmonids The University of Washington (UW) is [I.D. 092898B] by providing information on spill requesting that NMFS modify Permit effectiveness, forebay residence times, 1376 to increase the number of Endangered and Threatened Species; and guidance efficiency under various threatened, juvenile and adult natural Take of Anadromous Fish flow regimes that would allow Federal resource managers to adjust bypass/ PS chinook salmon they can take AGENCY: National Marine Fisheries collection structures and thereby annually during research conducted in Service (NMFS), National Oceanic and optimize downriver migrant survival at Lakes Sammamish and Washington in Atmospheric Administration (NOAA), the hydropower projects. Washington State. Permit 1376 was Commerce. originally issued on July 31, 2002 (67 FR ACTION: Receipt of an application to Permit 1322 Modification 2 17970). It authorized the UW to take modify an existing scientific research/ The NWFSC is requesting that NMFS threatened, juvenile natural PS chinook enhancement permit (1097) and request modify Permit 1322 to increase the salmon in a study designed to for comment. annual number of listed fish taken in its illuminate food web interactions, SUMMARY: research. Under the modification, the identify sources of mortality, and Notice is hereby given that NMFS has received an application for a NWFSC would increase its annual take determine the energetic requirements to permit modification from Cressey and of juvenile threatened SR spring/ sustain fish and zooplankton Associates in El Cerrito, CA (1097). The summer chinook salmon (natural and communities in each lake. The UW modified permit would affect two artificially propagated); threatened SR proposes to capture (using gillnets, fall chinook salmon; endangered UCR Evolutionarily Significant Units (ESUs) trawls, hook-and-line, trot lines, chinook salmon (natural and artificially of salmonids identified in the minnow traps, beach seines, and propagated); threatened LCR chinook SUPPLEMENTARY INFORMATION section of salmon, threatened UWR chinook backpack electrofishing equipment), this document. This document serves to salmon, and threatened CR chum anesthetize, handle, measure, weigh, notify the public of the availability of salmon while conducting research in examine the stomach contents using the permit modification application for the Columbia River estuary. The non-lethal evacuation, and release review and comment before a final NWFSC proposes to capture, handle, juvenile PS chinook salmon. The UW approval or disapproval is made by and release listed salmonids, and while does not intend to kill any of the fish NMFS. most of the fish would be unharmed, being captured, but a small number DATES: Written comments on the permit some would die during the course of the would die as a result of the research application must be received no later research and a small number of them activities. than 5 p.m. Daylight Savings Time on would be intentionally killed. Purse The study would help researchers May 2, 2003. seines, trap nets, and beach seines identify and quantify factors limiting ADDRESSES: Written comments on the would be used to capture the fish. juvenile salmon (and other species’) modification request should be sent to Captured fish would be anesthetized, survival and growth. The increased take the appropriate office as indicated identified, sampled for tissues, and levels would help the UW gain more below. Comments may also be sent via measured. Some fish would be fax to the number indicated for the sacrificed to confirm species information on the prevalence and role request. Comments will not be accepted identification, catch composition, food of chinook salmon residualizing in this if submitted via e-mail or the internet. habits, and timing of estuarine entry. unique, lake-dominated watershed. The applications and related documents The NWFSC is also requesting an This notice is provided pursuant to are available for review in the indicated increase in the number of fish that may section 10(c) of the ESA. NMFS will office, by appointment: For permit 1097: unintentionally be killed during the evaluate the applications, associated Daniel Logan, Protected Species research. documents, and comments submitted to The purposes of the research are to (1) Division, NMFS, 777 Sonoma Avenue, determine whether the applications Room 325, Santa Rosa, CA 95404 6528 determine the presence and abundance meet the requirements of section 10(a) of fall and spring chinook salmon, coho (ph: 707 575 6053, fax: 707 578 3435). of the ESA and Federal regulations. The Documents may also be reviewed by salmon, and chum salmon in the estuary final permit decision will not be made and Lower Columbia River; (2) appointment in the Office of Protected until after the end of the 30 day determine the relationship between Resources, F/PR3, NMFS, 1315 East- comment period. NMFS will publish juvenile salmon and Lower Columbia West Highway, Silver Spring, MD 20910 River estuarine habitat; and (3) obtain notice of its final actions in the Federal 3226 (301 713 1401). information about flow change, Register. FOR FURTHER INFORMATION CONTACT: sediment input, and habitat availability Dated: March 28, 2003. Daniel Logan at phone number 707– for the development of a numerical Phil Williams, 575–6053, or e-mail: [email protected]. model. The research would benefit Chief, Endangered Species Division, Office listed fish by serving as a basis for of Protected Resources, National Marine SUPPLEMENTARY INFORMATION: estuarine restoration and preservation Fisheries Service. Authority plans. The NWFSC requests [FR Doc. 03–7967 Filed 4–1–03; 8:45 am] authorization to transfer fish tissue Issuance of permits and permit samples to the University of BILLING CODE 3510–22–S modifications, as required by the Washington, College of Ocean and Endangered Species Act of 1973 (16 Fisheries, School of Fisheries and U.S.C. 1531 1543) (ESA), is based on a Aquatic Sciences; Oregon State finding that such permits/modifications: University, Hatfield Marine Science (1) are applied for in good faith; (2)

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would not operate to the disadvantage DEPARTMENT OF COMMERCE Plan for Puget Sound chinook salmon. of the listed species which are the The RMP encompasses fisheries within subject of the permits; and (3) are National Oceanic and Atmospheric the area defined by the Puget Sound consistent with the purposes and Administration Chinook Salmon ESU, as well as the policies set forth in section 2 of the [I.D. 032803A] western Strait of Juan de Fuca, which is ESA. Authority to take listed species is not within the ESU. Harvest objectives subject to conditions set forth in the Endangered and Threatened Species; specified in the RMP account for permits. Permits and modifications are Take of Anadromous Fish fisheries-related mortality throughout issued in accordance with and are AGENCY: National Marine Fisheries the migratory range of Puget Sound subject to the ESA and NMFS Service (NMFS), National Oceanic and chinook salmon from Oregon and regulations governing listed fish and Atmospheric Administration (NOAA), Washington to Southeast Alaska. The wildlife permits (50 CFR parts 222–226). Commerce. RMP also includes implementation, monitoring and evaluation procedures Those individuals requesting a ACTION: Notice of availability and hearing on an application listed in this request for comment. designed to ensure fisheries are notice should set out the specific consistent with these objectives. reasons why a hearing on that SUMMARY: The Puget Sound Treaty As required by 50 CFR 223.203(b)(6) application would be appropriate (see Tribes and the Washington Department of the ESA 4(d) rule (50 CFR 223.203), ADDRESSES). The holding of such a of Fish and Wildlife submitted to the Secretary must determine pursuant hearing is at the discretion of the NMFS, pursuant to the protective to 50 CFR 223.209 and pursuant to the Assistant Administrator for Fisheries, regulations promulgated for Puget government-to-government processes Sound chinook salmon under the NMFS. All statements and opinions therein whether the RMP for Puget Endangered Species Act (ESA), a jointly contained in the permit action Sound chinook salmon would developed Resource Management Plan summaries are those of the applicant (RMP). The RMP specifies the future appreciably reduce the likelihood of and do not necessarily reflect the views management of commercial, recreational survival and recovery of the Puget of NMFS. and tribal salmon fisheries potentially Sound chinook salmon and other affected threatened ESUs. The Secretary Species Covered in This Notice affecting listed Puget Sound chinook salmon from May 1, 2003, through April must consider how the RMP addresses This notice is relevant to the 30, 2004. This document serves to notify the criteria in 50 CFR 223.203(b)(4) in following two threatened salmonid the public of the availability for making that determination. ESUs: threatened Central California comment of the proposed evaluation of Authority Coast coho salmon O. kisutch and the Secretary of Commerce (Secretary) threatened Central California Coast as to how the RMP addresses the criteria Under section 4(d) of the ESA, 16 steelhead O. mykiss. in the ESA. U.S.C. 1533(d), the Secretary is required DATES: Written comments on the to adopt such regulations as he deems Modification Request Received Secretary’s proposed evaluation must be necessary and advisable for the Cressey and Associates requests a received at the appropriate address or conservation of the species listed as modification to permit 1097 for takes of fax number (see ADDRESSES) no later threatened. The ESA salmon and juvenile ESA-listed coho salmon and than 5 p.m. Pacific Daylight Time on steelhead 4(d) rule (65 FR 42422, July steelhead associated with studies April 17, 2003. 10, 2000) specifies categories of monitoring the ecology of salmonids in ADDRESSES: Written comments and activities that contribute to the Austin Creek, a tributary of the Russian requests for copies of the proposed conservation of listed salmonids or are River in Sonoma County, CA. Cressey evaluation should be addressed to Keith governed by a program that adequately and Associates has proposed using Schultz, Sustainable Fisheries Division, limits impacts on listed salmonids, and electrofishing and snorkel surveys. National Marine Fisheries Service, 7600 sets out the criteria for such activities. Presently, permit 1097 authorizes take Sand Point Way NE, Seattle, WA 98115– The rule further provides that the 0070. Comments may also be sent via of adult and juvenile Central California prohibitions of paragraph (a) of the rule fax to 206/526–6736. The document is Coast coho salmon, Southern Oregon/ do not apply to actions undertaken in also available on the internet at http:// Northern California Coasts coho salmon, compliance with a resource www.nwr.noaa.gov/. Comments will not management plan developed jointly and Southern California steelhead be accepted if submitted via e-mail or within the continuing jurisdiction of associated with various scientific the internet. research projects in California. Without United States v. Washington by the FOR FURTHER INFORMATION CONTACT: modification, permit 1097 expires June Puget Sound Treaty Tribes and the State Susan Bishop, Puget Sound Team 30, 2003. This requested modification of Washington (joint plan) and Leader, at phone number: 206/526– determined by the Secretary to be in would add authorization for research 4587, or e-mail: [email protected]. activities in the Russian River accordance with the provisions of 50 SUPPLEMENTARY INFORMATION: This watershed and extend the expiration of CFR 223.203(b)(6). notice is relevant to the Puget Sound permit 1097 until June 30, 2008. chinook salmon (Oncorhynchus A condensed 15–day written Dated: March 28, 2003. tshawytscha) Evolutionarily Significant comment period on the Secretary’s Phil Williams, Unit (ESU). proposed evaluation is necessary given the short time between the submission Chief, Endangered Species Division, Office Background of Protected Resources, National Marine of the Resource Management Plan to Fisheries Service. The Puget Sound Treaty Tribes and NMFS on February 21, 2003, and the [FR Doc. 03–7968 Filed 4–1–03; 8:45 am] the Washington Department of Fish and start of the fishing season on May 1, Wildlife have provided to NMFS a 2003. BILLING CODE 3510–22–S jointly developed Resource Management

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Dated: March 28, 2003. SUPPLEMENTARY INFORMATION: The Dated: March 20, 2003. Phil Williams, subject amendment to Permit No. 984– Stephen L. Leathery, Chief, Endangered Species Division, Office 1587–02, issued on May 10, 2002 (67 FR Chief, Permits, Conservation and Education of Protected Resources, National Marine 35102), is requested under the authority Division, Office of Protected Resources, Fisheries Service. of the Marine Mammal Protection Act of National Marine Fisheries Service. [FR Doc. 03–7965 Filed 4–1–03; 8:45 am] 1972, as amended (16 U.S.C. 1361 et [FR Doc. 03–7961 Filed 4–1–03; 8:45 am] BILLING CODE 3510–22–S seq.), and the Regulations Governing the BILLING CODE 3510–22–S Taking and Importing of Marine Mammals (50 CFR part 216). DEPARTMENT OF COMMERCE Permit No. 984–1587–02 authorizes DEPARTMENT OF COMMERCE the permit holder to examine the National Oceanic and Atmospheric physiological responses of two adult National Oceanic and Atmospheric Administration male dolphins (Tursiops truncatus) and Administration three adult female California sea lions [I.D. 030403A] [I.D. 030603A] (Zalophus californianus) during Marine Mammals; File No. 984–1587 swimming and diving. Testing involves Endangered Species; File No. 1375 measuring locomotor, thermal, and AGENCY: National Marine Fisheries maintenance costs using voluntary AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and behaviors through training at Long Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Marine Laboratory. Types of take for Atmospheric Administration (NOAA), Commerce. dolphins and sea lions include open Commerce. ACTION: Receipt of application for flow respirometry, swimming, and ACTION: Issuance of permit. amendment. voluntary breath holding. For the female SUMMARY: Notice is hereby given that Dr. SUMMARY: Notice is hereby given that Dr. sea lions, mating with an adult male on Terrie Williams, Long Marine Lab, temporary loan, ultrasound, blood, milk, Thomas J. Kwak, U.S. Geological Institute of Marine Sciences, University saliva, fecal, and urine sampling is also Survey, North Carolina Cooperative Fish of California at Santa Cruz, 100 Shaffer authorized to monitor pregnancy and and Wildlife Research Unit, Box 7617, Road, Santa Cruz, CA 95060, has test the hypothesis that physiological 201 David Clark Labs, North Carolina requested an amendment to scientific adaptations for the marine environment State University, Raleigh, NC 27695– research Permit No. 984–1587–02. result in elevated energetic costs in 7617 has been issued a permit to take otariids compared to terrestrial shortnose sturgeon, Acipenser DATES: Written or telefaxed comments mammals. brevirostrum, for purposes of scientific must be received on or before May 2, This amendment request is to research. 2003. supplement the current research ADDRESSES: The permit and related ADDRESSES: The amendment request program on otariid reproductive documents are available for review and related documents are available for energetics with two pregnant adult upon written request or by appointment review upon written request or by female California sea lions, which are to in the following office(s): appointment in the following office(s): be transferred to the pinniped facility at Permits, Conservation and Education Permits, Conservation and Education Long Marine Laboratory, University of Division, Office of Protected Resources, Division, Office of Protected Resources, California at Santa Cruz for short-term NMFS, 1315 East-West Highway, Room NMFS, 1315 East-West Highway, Room holding (up to 16 months). These 13705, Silver Spring, MD 20910; phone 13705, Silver Spring, MD 20910; phone additions will allow the Permit Holder (301) 713–2289; fax (301) 713–0376; (301) 713–2289; fax (301) 713–0376; and to fulfill the intent of the original and, Southwest Region, NMFS, 501 West permit, which is to evaluate the Ocean Blvd., Suite 4200, Long Beach, Southeast Region, NMFS, 9721 energetics of pregnant and lactating sea Executive Center Drive North, St. CA 90802–4213; phone (562)980–4001; lions. These steps are necessary due to fax (562)980–4018. Petersburg, FL 33702–2432; phone (727) the non-pregnant status of the three sea 570–5301; fax (727) 570–5320. Written comments or requests for a lions identified in the original permit. public hearing on this request should be All animals will follow the research FOR FURTHER INFORMATION CONTACT: submitted to the Chief, Permits, protocols of the original permit. Jennifer Jefferies or Gene Nitta, (301) Conservation and Education Division, Additional research requested includes 713–2289. F/PR1, Office of Protected Resources, 1) the measurement of assimilation SUPPLEMENTARY INFORMATION: On April NMFS, 1315 East-West Highway, Room efficiency by dietary manganese, and 2) 18, 2002, notice was published in the 13705, Silver Spring, MD 20910. Those inclusion of the offspring in non- Federal Register (67 FR 19166) that a individuals requesting a hearing should intrusive metabolic trials. request for a scientific research permit set forth the specific reasons why a In compliance with the National to take shortnose sturgeon, had been hearing on this particular amendment Environmental Policy Act of 1969 (42 submitted by the above-named Dr. request would be appropriate. U.S.C. 4321 et seq.), an initial Thomas J. Kwak. The requested permit Comments may also be submitted by determination has been made that the has been issued under the authority of facsimile at (301) 713–0376, provided activity proposed is categorically the Endangered Species Act of 1973, as the facsimile is confirmed by hard copy excluded from the requirement to amended (ESA; 16 U.S.C. 1531 et seq.) submitted by mail and postmarked no prepare an environmental assessment or and the regulations governing the later than the closing date of the environmental impact statement. taking, importing, and exporting of comment period. Please note that Concurrent with the publication of endangered and threatened species (50 comments will not be accepted by e- this notice in the Federal Register, CFR parts 222–226). mail or other electronic media. NMFS is forwarding copies of this Restoring the shornose sturgeon FOR FURTHER INFORMATION CONTACT: application to the Marine Mammal population in the Roanoke/Albemarle Amy Sloan or Ruth Johnson, (301) 713– Commission and its Committee of River system in North Carolina is being 2289. Scientific Advisors. considered; however, habitat suitability

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with respect to water quality is not Blvd., Rm. 1110, Honolulu, HI 96814– in American Samoa, the Territory of known. This research study will deploy 4700; phone (808)973–2935; fax Guam, and the Commonwealth of the 1,000 hatchery-reared juvenile (808)973–2941; Northern Marianas Islands. The permit shortnose sturgeon in cages at 10 test Written comments or requests for a holder also requests authority to import sites within the Roanoke/Albemarle public hearing on this request should be sea turtle samples as necessary. There is River system for 28 days. The fish will submitted to the Chief, Permits, no change in the number of sea turtles then be euthanized and their tissue Conservation and Education Division, that will be sampled annually or the analyzed for contaminants. The results F/PR1, Office of Protected Resources, type of sampling, only the geographic of this study will provide needed NMFS, 1315 East-West Highway, Room region. information to determine if water 13705, Silver Spring, MD 20910. Those Dated: March 27, 2003. quality is a limiting factor of the individuals requesting a hearing should Stephen L. Leathery, ecological success of shortnose sturgeon set forth the specific reasons why a in this river system. hearing on this particular modification Chief, Permits, Conservation and Education Issuance of this permit, as required by Division, Office of Protected Resources, request would be appropriate. National Marine Fisheries Service. the ESA, was based on a finding that Comments may also be submitted by [FR Doc. 03–7963 Filed 4–1–03; 8:45 am] such permit (1) was applied for in good facsimile at (301) 713–0376, provided faith, (2) will not operate to the the facsimile is confirmed by hard copy BILLING CODE 3510–22–S disadvantage of the endangered species submitted by mail and postmarked no which is the subject of this permit, and later than the closing date of the DEPARTMENT OF COMMERCE (3) is consistent with the purposes and comment period. Please note that policies set forth in section 2 of the comments will not be accepted by e- National Oceanic and Atmospheric ESA. mail or other electronic media. Administration Dated: March 24, 2003. FOR FURTHER INFORMATION CONTACT: [I.D. 031203B] Stephen L. Leathery, Carrie Hubard or Ruth Johnson, (301) Chief, Permits, Conservation and Education 713–2289. Endangered and Threatened Species; Division, Office of Protected Resources, SUPPLEMENTARY INFORMATION: The Take of Anadromous Fish National Marine Fisheries Service. subject modification to Permit No. 1190, [FR Doc. 03–7962 Filed 4–1–03; 8:45 am] issued on March 8, 1999, (64 FR 14432) AGENCY: National Marine Fisheries BILLING CODE 3510–22–S and subsequently modified on Service (NMFS), National Oceanic and September 21, 2000, (65 FR 58514) and Atmospheric Administration (NOAA), February 20, 2001, (66 FR 14134), is Commerce. DEPARTMENT OF COMMERCE requested under the authority of the ACTION: Receipt of application for scientific research permits (1414 and National Oceanic and Atmospheric Endangered Species Act of 1973, as 1416) and request for comment. Administration amended (16 U.S.C. 1531 et seq.) and the regulations governing the taking, [I.D. 032703H] importing, and exporting of endangered SUMMARY: Notice is hereby given that and threatened species (50 CFR 222– NMFS has received an application for Endangered Species; File No. 1190 226). scientific research from East Bay Permit No. 1190 authorizes the permit Municipal Utility District (EBMUD) in AGENCY: National Marine Fisheries Lodi, CA (1414) and Fishery Foundation Service (NMFS), National Oceanic and holder to document and evaluate the incidental take of sea turtles by the of California (Fishery Foundation) in Atmospheric Administration (NOAA), Fair Oaks, CA (1416). These permits Commerce. Hawaiian pelagic longline fishery. Trained observers placed on fishery would affect the Central Valley ACTION: Receipt of application for steelhead Evolutionarily Significant modification. vessels are authorized to examine, measure, weigh, biopsy sample, and tag Unit (ESU) as identified in the SUMMARY: Notice is hereby given that up to 40 green (Chelonia mydas), 100 SUPPLEMENTARY INFORMATION section. NMFS Southwest Region, 501 West leatherback (Dermochelys coriacea), 600 This document serves to notify the Ocean Blvd., Long Beach, CA 90802– loggerhead (Caretta caretta), 40 public of the availability of the permit 4213, has requested a modification to hawksbill (Eretmochelys imbricata), and applications for review and comment scientific research Permit No. 1190. 100 olive ridley (Lepidochelys olivacea) before a final approval or disapproval is DATES: Written or telefaxed comments sea turtles annually. Of the sampled made by NMFS. must be received on or before May 2, turtles, 50 hard-shelled turtles may have DATES: Written comments on the permit 2003. a transmitter attached. The incidental applications must be received no later than 5 p.m. Pacific Standard Time on ADDRESSES: The modification request capture of the sea turtles by the fishery May 2, 2003. and related documents are available for is covered by an incidental take review upon written request or by statement in a biological opinion on the ADDRESSES: Written comments on the appointment in the following office(s): fishery, not by the scientific research permit application should be sent to the Permits, Conservation and Education permit. Permit No. 1190 expires on appropriate office. Comments may also Division, Office of Protected Resources, March 31, 2004. The permit holder be sent via fax to the number indicated NMFS, 1315 East-West Highway, Room requests authorization to expand for the request. Comments will not be 13705, Silver Spring, MD 20910; phone observer programs in order to monitor accepted if submitted via e-mail or the (301) 713–2289; fax (301) 713–0376; all pelagic longline fisheries governed Internet. The applications and related Southwest Region, NMFS, 501 West by Fisheries Management Plan for documents are available for review, by Ocean Blvd., Suite 4200, Long Beach, Pelagic Fisheries of the Western Pacific. appointment, for permits 1414 and CA 90802–4213; phone (562)980–4001; The modification would allow observers 1416: Protected Resources Division, fax (562)980–4018; and to sample sea turtles in the manner NMFS, 650 Capitol Mall, Suite 8–300, Protected Species Coordinator, Pacific described above from fisheries beyond Sacramento, CA 95814 (ph: 916–930– Area Office, NMFS, 1601 Kapiolani that in Hawaiian waters, such as those 3600, fax: 916–930–3629). Documents

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may also be reviewed by appointment in juveniles migrate downstream of Bellota DATES: Interested persons are invited to the Office of Protected Resources, F/ Weir. submit comments on or before May 2, PR3, NMFS, 1315 East-West Highway, Dated: March 28, 2003. 2003. Silver Spring, MD 20910 3226 (301 713 Phil Williams, ADDRESSES: Written comments should 1401). Chief, Endangered Species Division, Office be addressed to the Office of FOR FURTHER INFORMATION CONTACT: of Protected Resources, National Marine Information and Regulatory Affairs, Rosalie del Rosario at phone number Fisheries Service. Attention: Lauren Wittenberg, Acting 916–930–3600, or e-mail: [FR Doc. 03–7964 Filed 4–1–03; 8:45 am] Desk Officer, Department of Education, [email protected]. BILLING CODE 3510–22–S Office of Management and Budget, 725 SUPPLEMENTARY INFORMATION: 17th Street, NW., Room 10235, New Executive Office Building, Washington, Authority DC 20503 or should be electronically COMMITTEE FOR THE Issuance of permits and permit mailed to the internet address IMPLEMENTATION OF TEXTILE modifications, as required by the [email protected]. AGREEMENTS Endangered Species Act of 1973 (16 SUPPLEMENTARY INFORMATION: Section U.S.C. 1531 1543) (ESA), is based on a Cancellation of Request for Public 3506 of the Paperwork Reduction Act of finding that such permits/modifications: Comments Due to the Withdrawal of 1995 (44 U.S.C. chapter 35) requires that (1) are applied for in good faith; (2) Commercial Availability Petition under the Office of Management and Budget would not operate to the disadvantage the African Growth and Opportunity (OMB) provide interested Federal of the listed species which are the Act (AGOA) agencies and the public an early subject of the permits; and (3) are opportunity to comment on information consistent with the purposes and March 28, 2003. collection requests. OMB may amend or policies set forth in section 2 of the AGENCY: The Committee for the waive the requirement for public ESA. Authority to take listed species is Implementation of Textile Agreements consultation to the extent that public subject to conditions set forth in the (CITA). participation in the approval process permits. Permits and modifications are ACTION: Cancellation of the request for would defeat the purpose of the issued in accordance with and are public comments on the commercial information collection, violate State or subject to the ESA and NMFS availability petition from Crystal Federal law, or substantially interfere regulations governing listed fish and Apparel Limited of Hong Kong and with any agency’s ability to perform its wildlife permits (50 CFR parts 222–226). Sinotex Mauritius Limited in Mauritius statutory obligations. The Leader, Those individuals requesting a regarding certain light-and medium- Regulatory Information Management hearing on an application listed in this weight dyed warp pile cotton velvet, for Group, Office of the Chief Information notice should set out the specific use in apparel articles. Officer, publishes that notice containing reasons why a hearing on that proposed information collection application would be appropriate (see SUMMARY: On March 28, 2003, the requests prior to submission of these ADDRESSES). The holding of such a Chairman of CITA was notified by requests to OMB. Each proposed hearing is at the discretion of the Sandler, Travis and Rosenberg, counsel information collection, grouped by Assistant Administrator for Fisheries, for Crystal Apparel Limited of Hong office, contains the following: (1) Type NOAA. All statements and opinions Kong and Sinotex Mauritius Limited in of review requested, e.g. new, revision, contained in the permit action Mauritius, of the withdrawal of the extension, existing or reinstatement; (2) summaries are those of the applicant commercial availability request title; (3) summary of the collection; (4) and do not necessarily reflect the views concerning certain light-and medium- description of the need for, and of NMFS. weight dyed warp pile cotton velvet, for proposed use of, the information; (5) use in apparel articles, due to technical Species Covered in This Notice respondents and frequency of errors in the request. Consequently, the collection; and (6) reporting and/or This notice is relevant to the notice published in the Federal Register recordkeeping burden. OMB invites federally-listed threatened ESU Central on March 28, 2003 (68 FR 15154) is public comment. Valley steelhead (Oncorhynchus cancelled. mykiss). Dated: March 27, 2003. James C. Leonard III, John D. Tressler, New Applications Received Chairman, Committee for the Implementation Leader, Regulatory Information Management, EBMUD requests a five-year permit to of Textile Agreements. Office of the Chief Information Officer. conduct monitoring and research of [FR Doc.03–8146 Filed 3–31–03; 2:06 pm] Office of Postsecondary Education anadromous (Central Valley steelhead) BILLING CODE 3510–DR–S and resident fishes in the Lower Type of Review: Extension of a Mokelumne River. The goals of the currently approved collection. project include measuring the success of DEPARTMENT OF EDUCATION Title: Application for State Grants for the Lower Mokelumne River Restoration Improving Teacher Quality. Program and determining if the Submission for OMB Review; Frequency: Annually. modifications of the Lower Mokelumne Comment Request Affected Public: State, local, or tribal River Project are appropriate for gov’t, SEAs or LEAs (primary). conserving fish and wildlife resources AGENCY: Department of Education. Reporting and Recordkeeping Hour in the Lower Mokelumne River. SUMMARY: The Leader, Regulatory Burden: Fishery Foundation requests a one- Information Management Group, Office Responses: 11. year permit to monitor Central Valley of the Chief Information Officer invites Burden Hours: 2200. steelhead in the Lower Calaveras River comments on the submission for OMB Abstract: This application package is to determine how many adults reach review as required by the Paperwork essential for States to apply for new spawning grounds above and how many Reduction Act of 1995. awards under the Teacher Quality

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Enhancement Grants Program’s State Requests for copies of the submission Comments regarding burden and/or Grants component. for OMB review; comment request may the collection activity requirements This information collection is being be accessed from http:// should be directed to Joe Schubart at his submitted under the Streamlined edicsweb.ed.gov, by selecting the e-mail address [email protected]. Clearance Process for Discretionary ‘‘Browse Pending Collections’’ link and Individuals who use a Grant Information Collections (1890– by clicking on link number 2249. When telecommunications device for the deaf 0001). Therefore, the 30-day public you access the information collection, (TDD) may call the Federal Information comment period notice will be the only click on ‘‘Download Attachments ’’ to Relay Service (FIRS) at 1–800–877– public comment notice published for view. Written requests for information 8339. this information collection. should be addressed to Vivian Reese, [FR Doc. 03–7859 Filed 4–1–03; 8:45 am] Requests for copies of the submission Department of Education, 400 Maryland BILLING CODE 4000–01–P for OMB review; comment request may Avenue, SW., Room 4050, Regional be accessed from http:// Office Building 3, Washington, DC edicsweb.ed.gov, by selecting the 20202–4651 or to the e-mail address DEPARTMENT OF EDUCATION ‘‘Browse Pending Collections’’ link and [email protected]. Requests may also by clicking on link number 2230. When be electronically mailed to the internet Notice of Proposed Information you access the information collection, address [email protected] or faxed to Collection Requests click on ‘‘Download Attachments ’’ to 202–708–9346. Please specify the view. Written requests for information complete title of the information AGENCY: Department of Education. should be addressed to Vivian Reese, collection when making your request. SUMMARY: The Leader, Regulatory Department of Education, 400 Maryland Comments regarding burden and/or Information Management Group, Office Avenue, SW., Room 4050, Regional the collection activity requirements of the Chief Information Officer, invites Office Building 3, Washington, DC should be directed to Joe Schubart at his comments on the proposed information 20202–4651 or to the e-mail address e-mail address [email protected]. collection requests as required by the [email protected]. Requests may also Individuals who use a Paperwork Reduction Act of 1995. be electronically mailed to the internet telecommunications device for the deaf DATES: Interested persons are invited to address [email protected] or faxed to (TDD) may call the Federal Information submit comments on or before June 2, 202–708–9346. Please specify the Relay Service (FIRS) at 1–800–877– 2003. complete title of the information 8339. SUPPLEMENTARY INFORMATION: Section collection when making your request. Office of Postsecondary Education 3506 of the Paperwork Reduction Act of Comments regarding burden and the 1995 (44 U.S.C. chapter 35) requires that Type of Review: Reinstatement, with collection activity requirements should the Office of Management and Budget change, of a previously approved be directed to Joe Schubart at his e-mail (OMB) provide interested Federal collection for which approval has address [email protected]. agencies and the public an early expired. Individuals who use a opportunity to comment on information Title: Application Package for the telecommunications device for the deaf collection requests. OMB may amend or Jacob K. Javits Fellowship Program (TDD) may call the Federal Information waive the requirement for public Relay Service (FIRS) at 1–800–877– (1890–0001) (JS). Frequency: Annually. consultation to the extent that public 8339. Affected Public: Businesses or other participation in the approval process Office of Postsecondary Education for-profit (primary). would defeat the purpose of the Reporting and Recordkeeping Hour information collection, violate State or Type of Review: Extension of a Burden: Federal law, or substantially interfere currently approved collection. Responses: 2000. with any agency’s ability to perform its Title: Teacher Quality Enhancement Burden Hours: 10000. statutory obligations. The Leader, Grants: A Guide for the Preparation of Abstract: These instructions and Regulatory Information Management Partnership Grant Applications for forms provide the U.S. Department of Group, Office of the Chief Information Improving Teacher Education. Education the information needed to Officer, publishes that notice containing Frequency: Annually. select fellows for the Javits Program. proposed information collection Affected Public: Not-for-profit Requests for copies of the submission requests prior to submission of these institutions (primary); businesses or for OMB review; comment request may requests to OMB. Each proposed other for-profit; State, local, or tribal be accessed from http:// information collection, grouped by gov’t, SEAs or LEAs. edicsweb.ed.gov, by selecting the office, contains the following: (1) Type Reporting and Recordkeeping Hour ‘‘Browse Pending Collections’’ link and of review requested, e.g. new, revision, Burden: by clicking on link number 2246. When extension, existing or reinstatement; (2) Responses: 275. you access the information collection, title; (3) summary of the collection; (4) Burden Hours: 25800. click on ‘‘Download Attachments’’ to description of the need for, and Abstract: This application package is view. Written requests for information proposed use of, the information; (5) essential for Partnerships to apply for should be addressed to Vivian Reese, respondents and frequency of new awards under the Teacher Quality Department of Education, 400 Maryland collection; and (6) reporting and/or Enhancement Grants Program. Avenue, SW., Room 4050, Regional recordkeeping burden. OMB invites This information collection is being Office Building 3, Washington, DC public comment. submitted under the Streamlined 20202–4651 or to the e-mail address The Department of Education is Clearance Process for Discretionary [email protected]. Requests may also especially interested in public comment Grant Information Collections (1890– be electronically mailed to the internet addressing the following issues: (1) Is 0001). Therefore, the 30-day public address [email protected] or faxed to this collection necessary to the proper comment period notice will be the only 202–708–9346. Please specify the functions of the Department; (2) will public comment notice published for complete title of the information this information be processed and used this information collection. collection when making your request. in a timely manner; (3) is the estimate

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of burden accurate; (4) how might the her e-mail address guarantee availability of the requested Department enhance the quality, utility, [email protected]. Individuals who accommodation. The meeting site is and clarity of the information to be use a telecommunications device for the accessible to individuals with collected; and (5) how might the deaf (TDD) may call the Federal disabilities. This notice also describes Department minimize the burden of this Information Relay Service (FIRS) at 1– the functions of the Committee. Notice collection on the respondents, including 800–877–8339. of this meeting is required under section 10(a)(2) of the Federal Advisory through the use of information [FR Doc. 03–7860 Filed 4–1–03; 8:45 am] technology. Committee Act. This document is BILLING CODE 4000–01–P Dated: March 27, 2003. intended to notify the general public. John Tressler, DATES: Tuesday, April 22, 2003, beginning at 9 a.m. and ending at Leader, Regulatory Information Management, DEPARTMENT OF EDUCATION Office of the Chief Information Officer. approximately 5 p.m. Submission for OMB Review; ADDRESSES: The Washington Court Office of Educational Research and Comment Request Hotel on Capitol Hill, 525 New Jersey Improvement Avenue, NW., the Atrium Ballroom, AGENCY: Department of Education. Type of Review: Reinstatement, with Washington, DC 20001. ACTION: Correction notice/change of change, of a previously approved FOR FURTHER INFORMATION CONTACT: Dr. comment period. collection for which approval has Brian K. Fitzgerald, Staff Director, expired. SUMMARY: On March 27, 2003, the Advisory Committee on Student Title: National Assessment of Department of Education published a Financial Assistance, Capitol Place, 80 F Educational Progress, 2003–2004 Long 30-day public comment period notice in Street, NW., Suite 413, Washington, DC Term Trend. the Federal Register (page 14968, 20202–7582 (202) 219–2099. Frequency: Other: one-time. column 3) for the information SUPPLEMENTARY INFORMATION: The Affected Public: Individuals or collection, ‘‘Electronic Debit Payment Advisory Committee on Student household (primary); State, local, or Option for Student Loans’’. Comments Financial Assistance is established tribal gov’t, SEAs or LEAs. were requested by March 26, 2003. under section 491 of the Higher Reporting and Recordkeeping Hour Interested persons are invited to submit Education Act (HEA) of 1965 as Burden: comments on or before May 2, 2003. amended by Public Law 100–50 (20 Responses: 86487. The Leader, Regulatory Information U.S.C. 1098). The Advisory Committee Burden Hours: 23240. Management Group, Office of the Chief serves as an independent source of Abstract: This clearance request is for Information Officer, hereby issues a advice and counsel to the Congress and the background questions for the correction notice as required by the the Secretary of Education on student National Assessment of Educational Paperwork Reduction Act of 1995. financial aid policy. Since its inception, Progress Long-Term Trend. These are a FOR FURTHER INFORMATION CONTACT: Joe the Committee has been charged with series of surveys that have been Schubart at his e-mail address providing technical expertise with conducted since 1986. This assessment [email protected]. regard to systems of need analysis and will be conducted in 2003/2004. Since application forms, making bridging studies will be required to Dated: March 27, 2003. recommendations that result in the relate the existing format to the newly John D. Tressler, maintenance of access to postsecondary adopted format, some questionnaires Leader, Regulatory Management Group, education for low- and middle-income will still consist of all the existing Office of the Chief Information Officer. students; conducting a study of questions, thus all are being submitted [FR Doc. 03–7861 Filed 4–1–03; 8:45 am] institutional lending in the Stafford for clearance. In these assessments, BILLING CODE 4000–01–P Student Loan Program; assisting with students 9, 13 and 17 years of age are activities related to the 1992 assessed. reauthorization of the Higher Education Requests for copies of the proposed DEPARTMENT OF EDUCATION Act of 1965; conducting a three-year information collection request may be evaluation of the Ford Federal Direct Advisory Committee on Student accessed from http://edicsweb.ed.gov, Loan Program (FDLP) and the Federal Financial Assistance; Meeting by selecting the Browse Pending Family Education Loan Program Collections link and by clicking on link AGENCY: Advisory Committee on (FFELP) under the Omnibus Budget number 2250. When you access the Student Financial Assistance, Reconciliation Act (OBRA) of 1993; and information collection, click on Education. assisting Congress with the 1998 ‘‘Download Attachments’’ to view. ACTION: Notice of upcoming meetings. reauthorization of the Higher Education Written requests for information should Act. be addressed to Vivian Reese, SUMMARY: This notice sets forth the The congressional mandate requires Department of Education, 400 Maryland schedule and proposed agenda of a the Advisory Committee to conduct Avenue, SW., Room 4050, Regional forthcoming meeting of the Advisory objective, nonpartisan, and independent Office Building 3, Washington, DC Committee on Student Financial analyses on important aspects of the 20202–4651 or to the e-mail address Assistance. Individuals who will need student assistance programs under title [email protected]. Requests may also accommodations for a disability in order IV of the Higher Education Act. The be electronically mailed to the Internet to attend the meeting (i.e., interpreting Committee traditionally approaches its address [email protected] or faxed to services, assistive listening devices, work from a set of fundamental goals; 202–708–9346. Please specify the and/or materials in alternative format) promoting access; ensuring program complete title of the information should notify Ms. Hope M. Gray at 202– integrity; integrating delivery across the collection when making your request. 219–2099 or via e-mail at title IV programs; eliminating or Comments regarding burden and/or [email protected] no later than Monday, avoiding program complexity; and the collection activity requirements April 14. We will attempt to meet minimizing burden on students and should be directed to Katrina Ingalls at requests after this date, but cannot institutions.

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The most important charge of the Dated: March 27, 2003. floodplain of East Fork Poplar Creek Advisory Committee is to make Dr. Brian K. Fitzgerald, (EFPC). The portion of the EFPC recommendations to Congress and the Staff Director, Advisory Committee on floodplain within Parcel ED–1 is outside Secretary that will lead to the Student Financial Assistance. of the limits of the existing City of Oak maintenance and enhancement of access [FR Doc. 03–7941 Filed 4–1–03; 8:45 am] Ridge Flood Insurance Rate Maps. to postsecondary education for low- and BILLING CODE 7000–01–M Limited encroachment into the 100-year middle-income students. In addition to floodplain, which was covered under a carrying out its ongoing statutory U.S. Corps of Engineers Nationwide charges, the Committee dedicated itself DEPARTMENT OF ENERGY Permit (33 CFR part 330), has already to articulating the current state of access occurred during construction activities Floodplain Statement of Findings for by developing two reports on the associated with the initial development the Title Transfer of Parcel ED–1, Oak condition of access, Access Denied: of Parcel ED–1 under the lease. No Ridge Reservation, Oak Ridge, additional adverse direct or indirect Restoring the Nation’s Commitment to Tennessee impacts to the floodplain are expected Equal Educational Opportunity and except for potential minor AGENCY: Oak Ridge Operations, U.S. Empty Promises: The Myth of College encroachments into two small areas of Department of Energy (DOE). Access in America. The Committee will the floodplain in the developable areas. ACTION: build upon the findings in its access Notice of floodplain statement These encroachments would be for reports and prepare the reauthorization of findings. construction of a parking area and road of the Higher Education Act by SUMMARY: This is a floodplain statement and bridge improvements. Alternatives conducting follow on research that will of findings prepared in accordance with to the proposed action that were assist in formulating recommendations 10 CFR part 1022, Compliance with considered included no action and to Congress and the Secretary of floodplain/wetlands environmental mitigation (avoidance and Education on student financial aid review requirements. A floodplain minimization). The proposed action will issues. assessment was conducted and conform to all applicable floodplain The proposed agenda includes round incorporated in an environmental protection standards including table discussion sessions with assessment (EA) addendum that regulation by the U.S. Army Corps of nationally recognized scholars focusing evaluated the potential impacts of Engineers, Tennessee Department of on (a) key dimensions of the core transferring title to the developable Environment and Conservation, and if access/persistence problem and portions of Parcel ED–1 located on the required, the Tennessee Valley effective solutions, (b) assuring adequate Oak Ridge Reservation, Roane County, Authority. information, financial access, academic Tennessee. The floodplain assessment Mitigation of adverse impacts to the describes the possible effects, preparation, and simple applications, (c) floodplain include minimizing the alternatives, and measures designed to lowering unmet need and assuring both potentially impacted areas to the avoid or minimize potential harm to the smallest amount practicable and enrollment and persistence, and (d) affected floodplain or its flood storage implementing best management implications for reauthorization of the potential. DOE will endeavor to allow practices, such as sediment controls to HEA. Space is limited and you are 15 days of public review after reduce or prevent soil erosion and encouraged to register early if you plan publication of the Statement of Findings runoff and minimum grading to attend. You may register through before implementation of the Proposed requirements that reduce land Internet at [email protected] or Action. disturbance on steep slopes adjacent to [email protected]. Please FOR FURTHER INFORMATION CONTACT: Mr. the floodplain and stream. The include your name, title, affiliation, David R. Allen, NEPA Compliance appropriate engineering studies will be complete address (including internet Officer, U.S. Department of Energy, Oak completed and the appropriate permits and e-mail—if available), and telephone Ridge Operations Office, P.O. Box 2001, obtained prior to any action in the and fax numbers. If you are unable to MS–SE–30–1, Oak Ridge, TN 37831, floodplain. The amount of fill material register electronically, you may mail or (865) 576–0411. potentially needed should not adversely fax your registration information to the For Further Information On General impact the floodway or affect flooding Advisory Committee staff office at (202) DOE Floodplain/Wetlands Review conditions. Also, no critical actions, as 219–3032. Also, you may contact the Requirements, Contact: Carol M. defined in 10 CFR part 1022 will occur Advisory Committee staff at (202) 219– Borgstrom, Director, Office of NEPA as a result of the proposed action. 2099. The registration deadline is Policy and Assistance, EH–42, U.S. Issued in Oak Ridge, Tennessee, on March Wednesday, April 16, 2003. Department of Energy, 1000 24, 2003. Independence Avenue SW., The Advisory Committee will meet in James L. Elmore, Washington, DC 20585, (202) 586–4600 Alternate National Environmental Policy Act Washington, DC on Tuesday, April 22, or (800) 472–2756. 2003, from 9 a.m. until approximately 5 Compliance Officer. SUPPLEMENTARY INFORMATION: A Notice p.m. [FR Doc. 03–7926 Filed 4–1–03; 8:45 am] of Floodplain and Wetland Involvement BILLING CODE 6450–01–P Records are kept of all Committee was published in the Federal Register proceedings, and are available for public on June 20, 2002 (67 FR 41970) and a inspection at the Office of the Advisory floodplain assessment was incorporated DEPARTMENT OF ENERGY Committee on Student Financial in the EA Addendum. DOE is proposing Assistance, Capitol Place, 80 F Street, to transfer title to the developable [Number DE–PS07–03ID14488] NW., Suite 413, Washington, DC from portions of Parcel ED–1 to Horizon the hours of 9 a.m. to 5:30 p.m., Center LLC for the continued Advanced Melting or Innovative weekdays, except Federal holidays. development of an industrial/business Casting Processes for Metal Casting park. Parcel ED–1 contains approximately 287 acres of the 100-year AGENCY: Idaho Operations Office, DOE.

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ACTION: Notice of availability of Domestic Assistance (CFDA) Number economic and statistical information. financial assistance solicitation. for this program is 81.086. This information is used to assess the Issued in Idaho Falls on March 26, 2003. adequacy of energy resources to meet SUMMARY: The U.S. Department of near and longer-term domestic Cheryl A. Thompson, Energy (DOE), Idaho Operations Office demands. (ID) is seeking applications for advanced Acting Director, Procurement Services The EIA, as part of its effort to comply melting or innovative casting processes Division. with the Paperwork Reduction Act of that have the potential to significantly [FR Doc. 03–7925 Filed 4–1–03; 8:45 am] 1995 (Pub. L. 104–13, 44 U.S.C. chapter improve energy efficiency in the areas of BILLING CODE 6450–01–P 35), provides the general public and metal melting and the casting process. other Federal agencies with DOE is very interested in funding opportunities to comment on collections innovative, cost effective ideas that will DEPARTMENT OF ENERGY of energy information conducted by or reduce energy consumption. Energy Information Administration in conjunction with the EIA. Any Crosscutting ideas from other industries comments received help the EIA to or ideas that have crosscutting Agency Information Collection prepare data requests that maximize the applications are also strongly Activities: Proposed Collection; utility of the information collected, and encouraged. Advanced aluminum Comment Request to assess the impact of collection remelting furnace concepts are also of requirements on the public. Also, the interest in this solicitation. Proposals AGENCY: Energy Information EIA will later seek approval by the dealing with product development R&D Administration (EIA), Department of Office of Management and Budget will not be funded. Proposals must Energy (DOE). (OMB) under section 3507(a) of the address energy efficiencies in metal ACTION: Agency information collection Paperwork Reduction Act of 1995. casting manufacturing not in the end- activities: proposed collection; comment The Form EIA–902 collects use applications. request. information on shipments of geothermal DATES: The issuance date of Solicitation heat pumps. The survey tracks Number DE–PS07–03ID14488 will be on SUMMARY: The EIA is soliciting shipments of the following three main or about March 31, 2003. The deadline comments on the proposed Form EIA– types of geothermal heat pumps, as for receipt of applications will be 902, ‘‘Annual Geothermal Heat Pump classified by the Air Conditioning & approximately on May 30, 2003. Manufacturers Survey.’’ Refrigeration Institute (ARI), and the ADDRESSES: The solicitation in its full DATES: Comments must be filed by June much smaller shipped volume of non- text will be available on the Internet at 2, 2003. If you anticipate difficulty in ARI rated systems. A brief description of the following URL address: http://e- submitting comments within that the ARI-classified system is as follows: center.doe.gov. The Industry Interactive period, contact the person listed below ARI 320—Water-Source Heat Pumps Procurement System (IIPS) provides the as soon as possible. (WSHP)—These systems are installed in commercial buildings, where a central medium for disseminating solicitations, ADDRESSES: Send comments to James receiving financial assistance Holihan. To ensure receipt of the chiller or boiler supplies chilled or applications and evaluating the comments by the due date, submission heated water, respectively, to heat applications in a paperless by FAX to (202) 287–1946 or e-mail to pumps installed in series. The heat environment. Completed applications [email protected] is recommended. pumps reject building heat to chilled are required to be submitted via IIPS. The mailing address is Office of Coal, water during the cooling season and, An IIPS ‘‘User Guide for Contractors’’ Nuclear, Electric, and Alternate Fuels, during the heating season, take heat can be obtained on the IIPS Homepage EI–52, Forrestal Building, U.S. from boiler water. ARI 325—Ground Water-Source Heat and then clicking on the ‘‘Help’’ button. Department of Energy, Washington, DC Pumps (GWHP)—The GWHP is an Questions regarding the operation of 20585–0650. Alternatively, Mr. Holihan open-Loop system in which ground IIPS may be e-mailed to the IIPS Help may be contacted by telephone at (202) water is drawn from an aquifer or other Desk at [email protected] 287–1735. natural body of water into piping. At the FOR FURTHER INFORMATION CONTACT: Seb FOR FURTHER INFORMATION CONTACT: heat pump, heat is drawn from or Klein, Contract Specialist, Requests for additional information or dumped to the water through a heat [email protected]. copies of any forms and instructions exchanger to the refrigerant in the heat SUPPLEMENTARY INFORMATION: DOE should be directed to Mr. Holihan at the pump. The heated or cooled water anticipates making 1 to 4 cooperative address listed above. returns to its source. agreement(s) with duration of 3 years or SUPPLEMENTARY INFORMATION: ARI 330—Ground Source Closed- less for these efforts. A minimum 50% I. Background Loop Heat Pumps (GSHP)—A water or non-federal cost share is required for II. Current Actions water/glycol (antifreeze) solution flows research and development projects over III. Request for Comments continuously through a closed loop of the life of the project. First year cost pipe buried underground. Ground heat I. Background share can be as low as 30% if is absorbed into or rejected from the subsequent years have sufficient cost The Federal Energy Administration solution flowing in the closed loop. At share so that non-federal share totals at Act of 1974 (Pub. L. 93–275, 15 U.S.C. the heat pump, heat is drawn from or least 50%. However, it is important to 761 et seq.) and the DOE Organization dumped to the closed loop solution via note that in the event a multi-year Act (Pub. L. 95–91, 42 U.S.C. 7101 et heat transfer through a heat exchanger, project is not continued, then the seq.) require the EIA to carry out a which passes heat to or removes heat awardee will be required to increase the centralized, comprehensive, and unified from the refrigerant in the heat pump. cost share to meet the 50% requirement. energy information program. This Depending on the type of ground and The statutory authority for this program program collects, evaluates, assembles, land area, systems can either be is the Federal Non-Nuclear Energy analyzes, and disseminates information installed horizontally or vertically. Research and Development Act of 1974 on energy resource reserves, production, Data are collected by model type, heat (Pub. L. 93–577). The Catalog of Federal demand, technology, and related pump capacity, region of destination,

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customer type, and economic sector. element(s), and the methods of Federal Energy Regulatory Commission, Respondents are all U.S. geothermal collection. 888 First Street, NE., Washington, DC heat pump manufacturers. 20426, in accordance with Sections As a Potential User of the Information 385.314 or 385.211 of the Commission’s II. Current Actions To Be Collected Rules and Regulations. All such motions EIA will be requesting a three-year A. What actions could be taken to or protests must be filed in accordance extension of Office of Management and help ensure and maximize the quality, with Section 154.210 of the Budget approval to continue using Form objectivity, utility, and integrity of the Commission’s Regulations. Protests will EIA–902 through 2003. information disseminated? be considered by the Commission in B. Is the information useful at the III. Request for Comments determining the appropriate action to be levels of detail to be collected? taken, but will not serve to make Prospective respondents and other C. For what purpose(s) would the protestants parties to the proceedings. interested parties should comment on information be used? Be specific. Any person wishing to become a party the actions discussed in item II. The D. Are there alternate sources for the must file a motion to intervene. This following guidelines are provided to information and are they useful? If so, filing is available for review at the assist in the preparation of comments. what are their weaknesses and/or Commission in the Public Reference strengths? Room or may be viewed on the General Issues Comments submitted in response to Commission’s Web site at http:// this notice will be summarized and/or A. Is the proposed collection of www.ferc.gov using the ‘‘FERRIS’’ link. included in the request for OMB information necessary for the proper Enter the docket number excluding the approval of the form. They also will performance of the functions of the last three digits in the docket number become a matter of public record. agency and does the information have field to access the document. For practical utility? Practical utility is Statutory Authority: Section 3507(h)(1) of assistance, please contact FERC Online defined as the actual usefulness of the Paperwork Reduction Act of 1995 (Pub. Support at information to or for an agency, taking L. 104–13, 44 U.S.C. chapter 35). [email protected] or toll- into account its accuracy, adequacy, Issued in Washington, DC, on March 26, free at (866) 208–3676, or TTY, contact reliability, timeliness, and the agency’s 2003. (202) 502–8659. The Commission ability to process the information it Jay H. Casselberry, strongly encourages electronic filings. collects. Agency Clearance Officer, Statistics and See 18 CFR 385.2001(a)(1)(iii) and the B. What enhancements can be made Methods Group, Energy Information instructions on the Commission’s Web to the quality, utility, and clarity of the Administration. site under the ‘‘e-Filing’’ link. information to be collected? [FR Doc. 03–7924 Filed 4–1–03; 8:45 am] Comment Date: April 1, 2003. As a Potential Respondent to the BILLING CODE 6450–01–P Magalie R. Salas, Request for Information Secretary. A. What actions could be taken to DEPARTMENT OF ENERGY [FR Doc. 03–7878 Filed 4–1–03; 8:45 am] help ensure and maximize the quality, BILLING CODE 6717–01–P objectivity, utility, and integrity of the Federal Energy Regulatory information to be collected? Commission B. Are the instructions and definitions DEPARTMENT OF ENERGY clear and sufficient? If not, which [Docket No. RP99–301–069] instructions need clarification? ANR Pipeline Company; Notice of Federal Energy Regulatory C. Can the information be submitted Negotiated Rate Filing Commission by the due date? D. Public reporting burden for this March 26, 2003. [Docket No. CP02–417–001] collection is estimated to average 4 Take notice that on March 20, 2003, hours per response. The estimated ANR Pipeline Company (ANR), Colorado Interstate Gas Company; burden includes the total time necessary tendered for filing and approval an Notice of Compliance Filing to provide the requested information. In amendment to Rate Schedule ETS your opinion, how accurate is this service agreement number 107887 March 26, 2003. estimate? between ANR and a subsidiary of We Take notice that on March 21, 2003, E. The agency estimates that the only Energies, Wisconsin Electric Power Colorado Interstate Gas Company (CIG) cost to a respondent is for the time it Company (WEPCO). tendered for filing as part its FERC Gas will take to complete the collection. ANR states that this amendment Tariff, the following tariff sheets, with Will a respondent incur any start-up effectuates a change to the Primary an effective date of March 1, 2003: costs for reporting, or any recurring Receipt and Delivery Points for the First Revised Volume No. 1 annual costs for operation, maintenance, initial summer period (April 1, 2003— Twenty-Third Revised Sheet No. 10 and purchase of services associated with October 31, 2003) and a change to the Ninth Revised Sheet No. 12 the information collection? Primary Delivery Point for the initial Sixth Revised Sheet No. 225 F. What additional actions could be winter period (November 1, 2003— Third Revised Sheet No. 378 taken to minimize the burden of this March 31, 2003) to accommodate the Third Revised Sheet No. 379 collection of information? Such actions fact that the Guardian interconnect Original Volume No. 2 may involve the use of automated, point is not yet in service. ANR requests Ninth Revised Sheet No. 1 Second Revised Sheet No. 68 electronic, mechanical, or other that the Commission approve the technological collection techniques or amendment to go into effect on April 1, CIG states these tariff sheets are being other forms of information technology. 2003. filed in compliance with the G. Does any other Federal, State, or Any person desiring to be heard or to Commission’s December 26, 2002 Order local agency collect similar information? protest said filing should file a motion to implement the pro forma tariff If so, specify the agency, the data to intervene or a protest with the provisions contained in CIG’s July 1,

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2002 gathering abandonment all state commissions whose jurisdiction customers who received a share of the proceeding. includes the location of any such environmental insurance recoveries and Any person desiring to protest said recipient. all state commissions whose jurisdiction filing should file a protest with the Any person desiring to protest said includes the location of any such Federal Energy Regulatory Commission, filing should file a protest with the recipient. 888 First Street, NE., Washington, DC Federal Energy Regulatory Commission, Any person desiring to protest said 20426, in accordance with Section 888 First Street, NE., Washington, DC filing should file a protest with the 385.211 of the Commission’s Rules and 20426, in accordance with Section Federal Energy Regulatory Commission, Regulations. All such protests must be 385.211 of the Commission’s Rules and 888 First Street, NE., Washington, DC filed in accordance with Section Regulations. Protests will be considered 20426, in accordance with Section 154.210 of the Commission’s by the Commission in determining the 385.211 of the Commission’s Rules and Regulations. Protests will be considered appropriate action to be taken, but will Regulations. Protests will be considered by the Commission in determining the not serve to make protestants parties to by the Commission in determining the appropriate action to be taken, but will the proceedings. This filing is available appropriate action to be taken, but will not serve to make protestants parties to for review at the Commission in the not serve to make protestants parties to the proceedings. This filing is available Public Reference Room or may be the proceedings. This filing is available for review at the Commission in the viewed on the Commission’s Web site at for review at the Commission in the Public Reference Room or may be http://www.ferc.gov using the ‘‘FERRIS’’ Public Reference Room or may be viewed on the Commission’s Web site at link. Enter the docket number excluding viewed on the Commission’s Web site at http://www.ferc.gov using the ‘‘FERRIS’’ the last three digits in the docket http://www.ferc.gov using the ‘‘FERRIS’’ link. Enter the docket number excluding number field to access the document. link. Enter the docket number excluding the last three digits in the docket Comments, protests and interventions the last three digits in the docket number field to access the document. may be filed electronically via the number field to access the document. For assistance, please contact FERC Internet in lieu of paper. For assistance, Comments, protests and interventions Online Support at please contact FERC Online Support at may be filed electronically via the [email protected] or toll- [email protected] or toll- Internet in lieu of paper. For assistance, free at (866) 208–3676, or TTY, contact free at (866) 208–3676, or TTY, contact please contact FERC Online Support at (202) 502–8659. The Commission (202) 502–8659. The Commission [email protected] or toll- strongly encourages electronic filings. strongly encourages electronic filings. free at (866) 208–3676, or TTY, contact See 18 CFR 385.2001(a)(1)(iii) and the See 18 CFR 385.2001(a)(1)(iii) and the (202) 502–8659. The Commission instructions on the Commission’s Web instructions on the Commission’s Web strongly encourages electronic filings. site under the ‘‘e-Filing’’ link. site under the ‘‘e-Filing’’ link. See 18 CFR 385.2001(a)(1)(iii) and the Protest Date: April 2, 2003. Protest Date: April 2, 3003. instructions on the Commission’s Web Magalie R. Salas, Magalie R. Salas, site under the ‘‘e-Filing’’ link. Protest Date: April 2, 2003. Secretary. Secretary. [FR Doc. 03–7862 Filed 4–1–03; 8:45 am] [FR Doc. 03–7876 Filed 4–1–03; 8:45 am] Magalie R. Salas, BILLING CODE 6717–01–P BILLING CODE 6717–01–P Secretary. [FR Doc. 03–7877 Filed 4–1–03; 8:45 am] BILLING CODE 6717–01–P DEPARTMENT OF ENERGY DEPARTMENT OF ENERGY

Federal Energy Regulatory Federal Energy Regulatory DEPARTMENT OF ENERGY Commission Commission [Docket No. RP91–161–030] [Docket No. RP95–408–051] Federal Energy Regulatory Commission Columbia Gas Transmission Columbia Gas Transmission Corporation; Notice of Filing Corporation; Notice of Filing [Docket No. RP91–160–030]

March 26, 2003. March 26, 2003. Columbia Gulf Transmission Take notice that on March 20, 2003, Take notice that on March 20, 2003, Company; Notice of Filing Columbia Gas Transmission Corporation Columbia Gas Transmission Corporation (Columbia Gas) filed a report on the (Columbia Gas) filed a report on the March 26, 2003. flow-back to customers of funds flow-back to customers of funds Take notice that on March 20, 2003, received from insurance carriers for received from insurance carriers for Columbia Gulf Transmission Company environmental costs attributable to environmental costs attributable to (Columbia Gulf) filed a report on the Columbia Gas’ Docket No. RP91–161 Columbia Gas’ Docket No. RP95–408 flow-back to customers of funds settlement period. settlement period. received from insurance carriers for Columbia Gas states that it allocated Columbia Gas states that it allocated environmental costs pursuant to Article such recoveries among customers based such recoveries among customers based I(A)(2)(d) of its Docket No. RP91–160 on their fixed cost responsibility for on terms of the Docket No. RP95–408 settlement. services on the Columbia Gas system Phase II Settlement which state that Columbia Gulf states that it allocated during the period December 1, 1991 customer allocations shall be based on such recoveries among customers based through January 31, 1996, the period of customers’ actual contributions to on their fixed cost responsibility for the Docket No. RP91–161 settlement. Remediation Program collections for the services rendered on the Columbia Gulf Columbia Gas states further that it most recent February 1—January 31 system during the period December 1, provided a copy of the report to all period. 199,1 through October 31, 1994, the customers who received a share of the Columbia Gas states further that it period of the Docket No. RP91–160 environmental insurance recoveries and provided a copy of the report to all settlement.

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Columbia Gulf states further that it FGT states that on February 28, 2003, DEPARTMENT OF ENERGY provided a copy of the report to all in Docket No. RP03–268–000, FGT filed customers who received a share of the to establish a Base Fuel Reimbursement Federal Energy Regulatory environmental insurance recoveries and Charge Percentage (Base FRCP) of 3.49 Commission all state commissions whose jurisdiction % to become effective for the six-month includes the location of any such Summer Period beginning April 1, 2003. [Docket No. RP01–377–004] recipient. FGT states that in the instant filing, it Any person desiring to protest said is filing a flex adjustment of (0.24%) to Northern Border Pipeline Company; filing should file a protest with the be effective April 1, 2003, which, when Notice of Negotiated Rates Federal Energy Regulatory Commission, combined with the Base FRCP of 3.49% 888 First Street, NE., Washington, DC results in an Effective Fuel March 26, 2003. 20426, in accordance with Section 385.211 of the Commission’s Rules and Reimbursement Charge Percentage of Take notice that on March 24, 2003, Regulations. Protests will be considered 3.25%. FGT states that this filing is Northern Border Pipeline Company by the Commission in determining the necessary because it is currently (Northern Border) tendered for filing to appropriate action to be taken, but will experiencing lower fuel usage than will become part of its FERC Gas Tariff, First not serve to make protestants parties to be recovered by the Base FRCP of Revised Volume No. 1, First Revised the proceedings. This filing is available 3.49%. FGT explains that decreasing the Sheet No. 99A, to become effective for review at the Commission in the FRCP will reduce FGT’s overrecovery of April 1, 2003. Public Reference Room or may be fuel and reduce the Unit Fuel Surcharge Northern Border states that the viewed on the Commission’s Web site at in the next Summer Period. purpose of this filing is to implement a http://www.ferc.gov using the ‘‘FERRIS’’ Any person desiring to be heard or to negotiated rate agreement between link. Enter the docket number excluding protest said filing should file a motion Northern Border Pipeline Company and the last three digits in the docket to intervene or a protest with the Nicor Gas. number field to access the document. Federal Energy Regulatory Commission, Any person desiring to be heard or to Comments, protests and interventions 888 First Street, NE., Washington, DC may be filed electronically via the protest said filing should file a motion 20426, in accordance with Sections Internet in lieu of paper. For assistance, to intervene or a protest with the 385.314 or 385.211 of the Commission’s please contact FERC Online Support at Federal Energy Regulatory Commission, Rules and Regulations. All such motions [email protected] or toll- 888 First Street, NE., Washington, DC free at (866) 208–3676, or TTY, contact or protests must be filed in accordance 20426, in accordance with Sections (202) 502–8659. The Commission with Section 154.210 of the 385.314 or 385.211 of the Commission’s strongly encourages electronic filings. Commission’s Regulations. Protests will Rules and Regulations. All such motions See 18 CFR 385.2001(a)(1)(iii) and the be considered by the Commission in or protests must be filed in accordance instructions on the Commission’s Web determining the appropriate action to be with Section 154.210 of the site under the ‘‘e-Filing’’ link. taken, but will not serve to make Commission’s Regulations. Protests will Protest Date: April 2, 2003. protestants parties to the proceedings. be considered by the Commission in Any person wishing to become a party Magalie R. Salas, determining the appropriate action to be must file a motion to intervene. This taken, but will not serve to make Secretary. filing is available for review at the [FR Doc. 03–7875 Filed 4–1–03; 8:45 am] protestants parties to the proceedings. Commission in the Public Reference Any person wishing to become a party BILLING CODE 6717–01–P Room or may be viewed on the must file a motion to intervene. This Commission’s Web site at http:// filing is available for review at the DEPARTMENT OF ENERGY www.ferc.gov using the ‘‘FERRIS’’ link. Commission in the Public Reference Enter the docket number excluding the Room or may be viewed on the Federal Energy Regulatory last three digits in the docket number Commission’s Web site at http:// Commission field to access the document. For www.ferc.gov using the ‘‘FERRIS’’ link. assistance, please contact FERC Online [Docket No. RP03–310–000] Enter the docket number excluding the Support at last three digits in the docket number Florida Gas Transmission Company; [email protected] or toll- field to access the document. For Notice of Proposed Changes in FERC free at (866) 208–3676, or TTY, contact assistance, please contact FERC Online Gas Tariff (202) 502–8659. The Commission Support at strongly encourages electronic filings. [email protected] or toll- March 26, 2003. See 18 CFR 385.2001(a)(1)(iii) and the free at (866) 208–3676, or TTY, contact Take notice that on March 21, 2003, instructions on the Commission’s Web (202) 502–8659. The Commission Florida Gas Transmission Company site under the ‘‘e-Filing’’ link. (FGT) tendered for filing to become part strongly encourages electronic filings. of its FERC Gas Tariff, Third Revised Comment Date: April 2, 2003. See 18 CFR 385.2001(a)(1)(iii) and the instructions on the Commission’s Web Volume No. 1, the following tariff Magalie R. Salas, site under the ‘‘e-Filing’’ link. sheets, effective April 1, 2003: Secretary. Fifty-Ninth Revised Sheet No. 8A [FR Doc. 03–7874 Filed 4–1–03; 8:45 am] Comment Date: April 7, 2003. Fifty-First Revised Sheet No. 8A.01 BILLING CODE 6717–01–P Magalie R. Salas, Fifty-First Revised Sheet No. 8A.02 Ninth Revised Sheet No. 8A.04 Secretary. Fifty-Fourth Revised Sheet No. 8B [FR Doc. 03–7870 Filed 4–1–03; 8:45 am] Forty-Seventh Revised Sheet No. 8B.01 BILLING CODE 6717–01–P Fourth Revised Sheet No. 8B.02

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DEPARTMENT OF ENERGY link. Enter the docket number excluding number field to access the document. the last three digits in the docket For assistance, please contact FERC Federal Energy Regulatory number field to access the document. Online Support at Commission For assistance, please contact FERC [email protected] or toll- Online Support at free at (866) 208–3676, or TTY, contact [Docket Nos. RP00–398–003 and RP01–34– 005] [email protected] or toll- (202) 502–8659. The Commission free at (866) 208–3676, or TTY, contact strongly encourages electronic filings. Overthrust Pipeline Company; Notice (202) 502–8659. The Commission See 18 CFR 385.2001(a)(1)(iii) and the of Tariff Filing strongly encourages electronic filings. instructions on the Commission’s Web See 18 CFR 385.2001(a)(1)(iii) and the site under the ‘‘e-Filing’’ link. March 26, 2003. instructions on the Commission’s Web Protest Date: April 2, 2003. Take notice that on March 24, 2003, site under the ‘‘e-Filing’’ link. Magalie R. Salas, Overthrust Pipeline Company Protest Date: April 7, 2003. (Overthrust) tendered for filing as part Secretary. of its FERC Gas Tariff, First Revised Magalie R. Salas, [FR Doc. 03–7871 Filed 4–1–03; 8:45 am] Volume No. 1–A , the following tariff Secretary. BILLING CODE 6717–01–P sheets, with an effective date of April 1, [FR Doc. 03–7869 Filed 4–1–03; 8:45 am] 2003: BILLING CODE 6717–01–P DEPARTMENT OF ENERGY Sub. Fourth Revised Sheet No. 58 Sub. Fourth Revised Sheet No. 78E DEPARTMENT OF ENERGY Federal Energy Regulatory Sub. First Revised Sheet No. 78I Commission Substitute Original Sheet No. 78J Federal Energy Regulatory Substitute Original Sheet No. 78K [Docket No. RP03–237–001] Commission Overthrust states that the filing is [Docket No. RP02–13–007] Transwestern Pipeline Company; being made in compliance with the Notice of Compliance Filing Commission’s Order on Rehearing and Portland Natural Gas Transmission March 26, 2003. Compliance Filing issued March 4, 2003 System; Notice of Compliance Filing (March Order), in Docket Nos. RP00– Take notice that on March 24, 2003, 398–001, RP00–398–002, RP01–34–003 March 26, 2003. Transwestern Pipeline Company and RP01–34–041. Take notice that on March 21, 2003, (Transwestern) tendered for filing as In the March Order, the Commission Portland Natural Gas Transmission part of its FERC Gas Tariff, Second granted in part and denied in part System (PNGTS) tendered for filing as Revised Volume No. 1, the following Overthrust’s request for rehearing and part of its FERC Gas Tariff, Original tariff sheets to become effective granted the motion for an extension of Volume No. 1, Alternate Fourth Revised February 21, 2003: time, and accepted all but two tariff Sheet No. 100; and Alternate Second Substitute Twentieth Revised Sheet No. sheets effective April 1, 2003, with Revised Sheet No. 504, to become 5B.05 conditions. effective on March 1, 2003. Substitute First Revised Sheet No. 5B.13 The Commission, in the March Order, PNGTS states that the purpose of this Substitute Fourth Revised Sheet No. 5C directed Overthrust to make revisions to filing is solely to correct the pagination Transwestern states that on February its tariff sheets and file revised tariff on the referenced tariff sheets, in 20, 2003, the Commission issued an sheets within 20 days of the date of compliance with the Commission’s Order Accepting Tariff Sheets Subject to issuance of the order with an effective March 13, 2003 Order in the above- Conditions in Docket No. RP03–237– date of April 1, 2003. This filing is captioned docket. 000. In the Order, the Commission tendered to comply with the PNGTS states that copies of this filing required Transwestern to make changes Commission’s March Order. are being served on all jurisdictional to the tariff sheets as part of the Overthrust states that a copy of this customers, applicable state Commission approval. Transwestern filing has been served upon its commissions, and participants in states that the instant filing is made in customers, the Public Service Docket No. RP02–13–000. compliance with the Commission order. Commission of Utah and the Public Any person desiring to protest said Any person desiring to protest said Service Commission of Wyoming. filing should file a protest with the filing should file a protest with the Any person desiring to protest said Federal Energy Regulatory Commission, Federal Energy Regulatory Commission, filing should file a protest with the 888 First Street, NE., Washington, DC 888 First Street, NE., Washington, DC Federal Energy Regulatory Commission, 20426, in accordance with Section 20426, in accordance with Section 888 First Street, NE., Washington, DC 385.211 of the Commission’s Rules and 385.211 of the Commission’s Rules and 20426, in accordance with Section Regulations. All such protests must be Regulations. All such protests must be 385.211 of the Commission’s Rules and filed in accordance with Section filed in accordance with Section Regulations. All such protests must be 154.210 of the Commission’s 154.210 of the Commission’s filed in accordance with Section Regulations. Protests will be considered Regulations. Protests will be considered 154.210 of the Commission’s by the Commission in determining the by the Commission in determining the Regulations. Protests will be considered appropriate action to be taken, but will appropriate action to be taken, but will by the Commission in determining the not serve to make protestants parties to not serve to make protestants parties to appropriate action to be taken, but will the proceedings. This filing is available the proceedings. This filing is available not serve to make protestants parties to for review at the Commission in the for review at the Commission in the the proceedings. This filing is available Public Reference Room or may be Public Reference Room or may be for review at the Commission in the viewed on the Commission’s Web site at viewed on the Commission’s Web site at Public Reference Room or may be http://www.ferc.gov using the ‘‘FERRIS’’ http://www.ferc.gov using the ‘‘FERRIS’’ viewed on the Commission’s Web site at link. Enter the docket number excluding link. Enter the docket number excluding http://www.ferc.gov using the ‘‘FERRIS’’ the last three digits in the docket the last three digits in the docket

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number field to access the document. Protest Date: April 2, 2003. authorization to engage in an intra- For assistance, please contact FERC corporate transfer of jurisdictional Magalie R. Salas, Online Support at facilities whereby FPL Energy Seabrook, [email protected] or toll- Secretary. LLC will transfer its undivided interest free at (866) 208–3676, or TTY, contact [FR Doc. 03–7873 Filed 4–1–03; 8:45 am] in the interconnecting transmission (202) 502–8659. The Commission BILLING CODE 6717–01–P facilities for Seabrook Station to its strongly encourages electronic filings. direct, wholly-owned subsidiary FPL See 18 CFR 385.2001(a)(1)(iii) and the Energy New England Transmission, DEPARTMENT OF ENERGY instructions on the Commission’s Web LLC. site under the ‘‘e-Filing’’ link. Federal Energy Regulatory Comment Date: April 11, 2003. Protest Date: April 7, 2003. Commission 2. Almagre Power Holdings, LLC, Magalie R. Salas, [Docket No.CP03–33–000] Mesquite Colorado HoldCo, L.L.C., Secretary. Mesquite Investors, L.L.C. [FR Doc. 03–7872 Filed 4–1–03; 8:45 am] Wyckoff Gas Storage Company, LLC; [Docket No. EC03–70–000] Notice of Site Visit BILLING CODE 6717–01–P Take notice that on March 21, 2003, March 26, 2003. Almagre Power Holdings, LLC (Almagre), Mesquite Colorado HoldCo, DEPARTMENT OF ENERGY On April 15 through April 17, 2003, the Office of Energy Projects staff and L.L.C. (Mesquite Colorado) and Federal Energy Regulatory representatives of Wyckoff Gas Storage Mesquite Investors, L.L.C. (Mesquite Commission Company, LLC (Wyckoff) will conduct a Investors) (jointly, Applicants) filed site visit of the Wyckoff Gas Storage with the Federal Energy Regulatory Project in Steuben County, New York. Commission (Commission) an [Docket No. RP03–307–001] All interested parties may attend. application pursuant to Section 203 of Transwestern Pipeline Company; Those planning to attend must provide the Federal Power Act for authorization Notice of Compliance Filing their own transportation. Interested to effectuate a transfer of all of Mesquite parties can meet staff on April 15, in the Colorado’s membership interests in March 26, 2003. parking lot at the Radisson Hotel, 125 Front Range Power Company, L.L.C. Take notice that on March 21, 2003, Denison Parkway East, Corning, New (Front Range) from Mesquite Colorado Transwestern Pipeline Company York. Staff will start on April 15 at to Almagre. Applicants also requested (Transwestern) tendered for filing as about 1 p.m. Also, Mr. Edmond Knolle expedited consideration of the part of its FERC Gas Tariff, Second of Wyckoff can be contacted at Application and privileged treatment for Revised Volume No. 1, Fifth Revised telephone No. (713) 961–3204. certain exhibits pursuant to 18 CFR 33.9 Sheet No. 18, to become effective April For further information, please and 388.112. 14, 2003. contact the Office of External Affairs at Comment Date: April 11, 2003. (202) 502–8004. Transwestern states that the instant 3. Jamaica Bay Peaking Facility, LLC filing is to correct a pagination error in Magalie R. Salas, [Docket No. EG03–49–000] a tariff sheet filed on March 18, 2003. Secretary. Any person desiring to protest said Take notice that on March 20, 2003 [FR Doc. 03–7863 Filed 4–1–03; 8:45 am] filing should file a protest with the Jamaica Bay Peaking Facility, LLC (the Federal Energy Regulatory Commission, BILLING CODE 6717–01–P Applicant), with its principal offices at 888 First Street, NE., Washington, DC 700 Universe Boulevard, Juno Beach, 20426, in accordance with Section DEPARTMENT OF ENERGY Florida 33408, filed with the Federal 385.211 of the Commission’s Rules and Energy Regulatory Commission Regulations. All such protests must be Federal Energy Regulatory (Commission) an application for a filed in accordance with Section Commission determination of exempt wholesale 154.210 of the Commission’s generator status pursuant to part 365 of Regulations. Protests will be considered [Docket No. EC03–69–000, et al.] the Commission’s regulations. by the Commission in determining the FPL Energy Seabrook, LLC, et al.; The Applicant states that it is a appropriate action to be taken, but will Electric Rate and Corporate Filings Delaware corporation and is the owner not serve to make protestants parties to and operator of a nominal 54 megawatt the proceedings. This filing is available March 25, 2003. dual fuel (oil and gas) fired simple cycle for review at the Commission in the The following filings have been made peak electric generating facility Public Reference Room or may be with the Commission. The filings are (Facility) to be located in Far Rockaway, viewed on the Commission’s Web site at listed in ascending order within each Queens County, New York. The Facility http://www.ferc.gov using the ‘‘FERRIS’’ docket classification. will sell energy, capacity, and ancillary link. Enter the docket number excluding services into the wholesale generation 1. FPL Energy Seabrook, LLC and FPL the last three digits in the docket market. Energy New England Transmission, number field to access the document. Comment Date: April 15, 2003. LLC For assistance, please contact FERC 4. FPL Energy New England [Docket No. EC03–69–000] Online Support at Transmission, LLC [email protected] or toll- Take notice that on March 21, 2003, free at (866) 208–3676, or TTY, contact FPL Energy Seabrook, LLC and FPL [Docket No. EG03–50–000] (202) 502–8659. The Commission Energy New England Transmission, LLC Take notice that on March 21, 2003, strongly encourages electronic filings. tendered for filing with the Federal FPL Energy New England Transmission, See 18 CFR 385.2001(a)(1)(iii) and the Energy Regulatory Commission LLC, c/o FPL Energy, LLC, 700 Universe instructions on the Commission’s Web (Commission) pursuant to section 203 of Boulevard, Juno Beach, FL 33408, filed site under the ‘‘e-Filing’’ link. the Federal Power Act a request for with the Federal Energy Regulatory

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Commission (Commission) an Integration Transmission Service, a Energy Regulatory Commission application for determination of exempt Network Operating Agreement, and (Commission) an interconnection wholesale generator status pursuant to Services Agreement with the Town of agreement (Agreement) between CPL part 365 of the Commission’s Argos, Indiana (Argos). Northern and the City of Brownsville, Texas regulations. Indiana has requested an effective date (Brownsville) that includes a Facility The applicant states that it is a limited of March 1, 2003. Schedule No. 5 that provides for a new liability company that will engage Northern Indiana states that copies of point of interconnection located at directly or indirectly and exclusively in this filing have been sent to Argos, the Brownsville’s soon to be completed Palo the business of owning and/or operating Indiana Utility Regulatory Commission, Alto Substation. AEPSC states that no eligible facilities in the United States. and the Indiana Office of Utility changes other than the addition of The applicant proposes to own an Consumer Counselor. Facility Schedule No. 5 have been made undivided interest in the Comment Date: April 11, 2003. to the interconnection agreement interconnecting transmission facilities presently on file at the Commission that 9. Southern Company Services, Inc. of the Seabrook Nuclear Generating has been in effect since April 4, 2001. Station, an undivided interest of which [Docket No. ER03–641–000] Additionally AEPSC has re-designated is owned by the applicant’s parent, FPL Take notice that on March 21, 2003, the Agreement to be a service agreement Energy Seabrook, LLC. Southern Company Services, Inc., acting under the Open Access Transmission Comment Date: April 15, 2003. on behalf of Alabama Power Company, Service Tariff of the American Electric Power System whereby requiring it to 5. Midwest Independent Transmission Georgia Power Company, Gulf Power cancel the interconnection agreement System Operator, Inc. Company, Mississippi Power Company, and Savannah Electric and Power presently on file at the Commission that [Docket No. ER02–1420–003] Company (collectively referred to as is designated as a CPL rate schedule. Take notice that on March 21, 2003, Operating Companies), tendered for AEPSC seeks an effective date of Oklahoma Gas and Electric Company Commission review information and March 17, 2003 for the Agreement and (OGE) filed a Supplemental Status replacement tariff sheets concerning the the Notice of Cancellation. AEPSC seeks Report informing the Commission of accrual of post-retirement benefits other waiver of the Commission’s notice recent developments with regard to than pensions as set forth in Statement requirements if the Palo Alto Substation OGE’s efforts to join the Midwest ISO. of Financial Accounting Standard No. is not energized on the expected date in OGE states that a copy of the filing 106 by the Financial Accounting June 2003. AEPSC states that it has has been served on all parties to this Standards Board in agreements and served copies of the filing on proceeding, and on the Arkansas Public tariffs of the Operating Companies Brownsville and the Public Utility Service Commission and the Oklahoma (jointly and individually). The following Commission of Texas. Corporation Commission. Commission approved rate schedules Comment Date: April 11, 2003. Comment Date: April 11, 2003. are affected: 11. New York Independent System 6. ISO New England Alabama Power—RateSchedule No. 145 Operator, Inc. Georgia Power—RateSchedule No. 803 [Docket No. ER02–2330–010] Georgia Power—RateSchedule Nos. 824, [Docket No.ER03–647–000] Take notice that on March 20, 2003, 825 and 826 Take notice that on March 21, 2003, ISO New England Inc., submitted a Georgia Power—RateSchedule Nos. 836, the New York Independent System compliance filing providing a status 837, and 838 Operator, Inc. (NYISO) filed revisions to report on the implementation of Gulf Power—RateSchedule No. 82 its ISO Market Administration and Standard Market Design in New Gulf Power—RateSchedule No. 84 Control Area Services Tariff (the England. Mississippi Power—RateSchedule No. Services Tariff) to implement the ‘‘ICAP Comment Date: April 10, 2003. 135 Demand Curve’’. The NYISO has SoCos.—RateSchedule No. 15 requested that the Commission expedite 7. ISO New England Inc. SoCos.—RateSchedule No. 30 its review of this filing to permit an [Docket No. ER02–2330–011] SoCos.—RateSchedule No. 33 effective date in less than sixty days. Take notice that on March 20, 2003, SoCos.—RateSchedule No. 47 Accordingly, the NYISO has requested ISO New England Inc. submitted a SoCos.—RateSchedule No. 51 an effective date of May 21, 2003, or the compliance report on its consideration SoCos.—RateSchedule No. 53 date that the Commission issues an of a Federal Energy Regulatory SoCos.—RateSchedule No. 59 Order accepting the filing, whichever is Commission (Commission) proposed SoCos.—RateSchedule No. 62 earlier. scarcity premium proposal in response SoCos.—RateSchedule No. 70 The NYISO states it has served a copy to the requirements of the Commission’s SoCos.—RateSchedule No. 76 of this filing upon all parties that have Order dated December 20, 2002. SoCos.—RateSchedule No. 77 executed service agreements under the New England Inc., states that copies SoCos—RateSchedule No. 93 NYISO’s Open Access Transmission of said filing have been served upon all Comment Date: April 11, 2003. Tariff or the Services Tariff and upon parties to this proceeding, and upon the New York State Public Service 10. American Electric Power Service NEPOOL Participants. Commission. Corporation Comment Date: April 10, 2003. Comment Date: April 11, 2003. [Docket No. ER03–642–000] 8. Northern Indiana Public Service 12. ZWHC LLC Company Take notice that on March 21, 2003, American Electric Power Service [Docket No. QF87–365–006] [Docket No. ER03–640–000] Corporation (AEPSC) on its own behalf Take notice that on March 20, 2003, Take notice that on March 21, 2003, and on behalf of AEP Texas Central ZWHC LLC (ZWHC) filed with the Northern Indiana Public Service Company (AEPTC), formerly Central Federal Energy Regulatory Commission Company (Northern Indiana) filed a Power and Light Company (CPL) (Commission) an application for Service Agreement for Network submitted for filing to the Federal recertification of a facility as a

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qualifying small power production DEPARTMENT OF ENERGY Summary of the Proposed Project facility pursuant to Section 292.207 of the Commission’s regulations. No Federal Energy Regulatory Kinder Morgan is proposing to determination has been made that the Commission construct and operate certain storage submittal constitutes a complete filing. and transportation facilities necessary to ZWHC states that the facility is a 18 MW [Docket No. CP03–39–000] develop its proposed Cheyenne Market wind energy generating facility in the Center located in the vicinity of the Tehachapi Mountains, Kern County, Kinder Morgan Interstate Gas Cheyenne Hub (Rockport) in Weld California. ZWHC also states that the Transmission, LLC; Notice of Intent To County, Colorado and the Huntsman Prepare an Environmental Assessment facility is interconnected with the Storage Facility located in Cheyenne for the Proposed Cheyenne Market Southern California Edison Company. County, Nebraska. The proposed project Center Project and Request for would create incremental storage ZWHC further states that recertification Comments on Environmental Issues is sought to reflect a change in the capacity for up to 6,000,000 dekatherms upstream ownership of the Facility. March 26, 2003. (Dth), with an associated injection capability of about 38,400 Dth per day Comment Date: April 21, 2003. The staff of the Federal Energy Regulatory Commission (FERC or (Dthd) and an associated withdrawal Standard Paragraph Commission) will prepare an deliverability of about 62,400 Dthd. The environmental assessment (EA) that will proposed project would provide Any person desiring to intervene or to discuss the environmental impacts of customers with additional flexibility to protest this filing should file with the the Cheyenne Market Center Project store gas and utilize receipt and delivery Federal Energy Regulatory Commission, involving construction and operation of points on short notice. 888 First Street, NE., Washington, DC facilities by Kinder Morgan Interstate In order to create the capacity to 20426, in accordance with Rules 211 Gas Transmission, LLC (Kinder Morgan) perform the Cheyenne Market Center and 214 of the Commission’s Rules of in Cheyenne and Kimball Counties, service, Kinder Morgan proposes to Practice and Procedure (18 CFR 385.211 1 Nebraska and Weld County, Colorado. construct and operate the following and 385.214). Protests will be These facilities consist of four new facilities: considered by the Commission in compressor units, ten new injection/ determining the appropriate action to be withdrawal wells, two new storage field Compressor Facilities taken, but will not serve to make pipelines, construction of a new • protestants parties to the proceeding. compressor station, and certain Rockport (Cheyenne Hub) Any person wishing to become a party auxiliary or appurtenant facilities. The Compressor Station—install two new must file a motion to intervene. All such EA will be used by the Commission in addition 1,680-horsepower (hp) motions or protests should be filed on its decision-making process to compressor units within the existing or before the comment date, and, to the determine whether the project is in the Rockport Compressor Station located in extent applicable, must be served on the public convenience and necessity. Weld County, Colorado. applicant and on any other person If you are a landowner receiving this • Kimball Junction Compressor designated on the official service list. notice, you may be contacted by a Station—install two 1,151-hp This filing is available for review at the pipeline company representative about compressor units at the existing Kimball Commission or may be viewed on the the acquisition of an easement to Junction Interconnect located in Commission’s Web site at http:// construct, operate, and maintain the Kimball County, Nebraska. proposed facilities. The pipeline www.ferc.gov , using the ‘‘FERRIS’’ link. • Huntsman Compressor Station— Enter the docket number excluding the company would seek to negotiate a mutually acceptable agreement. install two new 3,550-hp compressor last three digits in the docket number However, if the project is approved by units adjacent to the existing Huntsman field to access the document. For the Commission, that approval conveys Compressor Station, and a central assistance, contact FERC Online with it the right of eminent domain. injection meter and a central Support at Therefore, if easement negotiations fail withdrawal meter within the confines of [email protected] or toll- to produce an agreement, the pipeline the existing Huntsman Compressor free at (866) 208–3676, or for TTY, company could initiate condemnation Station located in Cheyenne County, contact (202) 502–8659. Protests and proceedings in accordance with state Nebraska. interventions may be filed electronically law. Injection/Withdrawal Wells via the Internet in lieu of paper; see 18 A fact sheet prepared by the FERC CFR 385.2001(a)(1)(iii) and the entitled ‘‘An Interstate Natural Gas • Drill ten new injection/withdrawal instructions on the Commission’s Web Facility On My Land? What Do I Need wells at the existing Huntsman Storage site under the ‘‘e-Filing’’ link. The To Know?’’ was attached to the project Field located in Cheyenne County, Commission strongly encourages notice Kinder Morgan provided to Nebraska. The proposed well field electronic filings. landowners. This fact sheet addresses a design configuration is to drill these number of typically asked questions, Magalie R. Salas, wells directionally (diverging including the use of eminent domain directionally from a vertical well bore) Secretary. and how to participate in the from two new multiple wellhead surface [FR Doc. 03–7865 Filed 4–1–03; 8:45 am] Commission’s proceedings. It is location sites. Six wells would be BILLING CODE 6717–01–P available for viewing on the FERC Internet Web site (http://www.ferc.gov). drilled at Pad #1, located west and adjacent to the existing Huntsman Storage Field Well #9. Four wells would 1 Kinder Morgan’s application was filed with the Commission under Section 7 of the Natural Gas Act be drilled at Pad #2 in the northeast and part 157 of the Commission’s regulations. corner of the Huntsman Station.

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Storage Field Lines Necessity. NEPA also requires us 3 to issues may be changed based on your • discover and address concerns the comments and our analysis. Install about 2,000 feet of 12-inch- public may have about proposals. This • 2 Threatened and Endangered Species diameter pipeline loop originating at process is referred to as ‘‘scoping.’’ The —Potential impact on six Federally- the proposed multiple wellhead Pad #1 main goal of the scoping process is to listed bird species. site and terminating at the existing focus the analysis in the EA on the —Potential impact on two Federally- Huntsman Compressor Station inlet important environmental issues. By this listed animal species. header facilities. This new 12-inch- Notice of Intent, the Commission —Potential impact on two Federally- diameter pipeline would loop the requests public comments on the scope listed plant species. existing 12-inch-diameter pipeline from of the issues it will address in the EA. • Air and Noise Huntsman Storage Field Well #9 to the All comments received are considered —Impacts to air quality from the compressor station. during the preparation of the EA. State proposed project. • Install about 1,800 feet of 8-inch- and local government representatives —Impacts on noise levels from the diameter pipeline loop originating at the are encouraged to notify their proposed compressor units at proposed multiple wellhead Pad #2 site constituents of this proposed action and nearest noise sensitive areas. and terminating at the existing encourage them to comment on their Public Participation Huntsman Compressor Station inlet areas of concern. header facilities. This new 8-inch- The EA will discuss impacts that You can make a difference by diameter pipeline would start at Pad #2, could occur as a result of the providing us with your specific tie into the existing 8-inch-diameter construction and operation of the comments or concerns about the project. discharge pipeline at Huntsman Storage proposed project under these general By becoming a commentor, your Field Well #23 and loop the existing 8- headings: concerns will be addressed in the EA and considered by the Commission. You inch-diameter pipeline back to the • Geology and Soils compressor station. • Water Resources and Wetlands should focus on the potential • environmental effects of the proposal, Auxiliary Facilities Vegetation and Wildlife • Threatened and Endangered alternatives to the proposal (including alternative locations or routes), and • Install computer-based supervisory Species measures to avoid or lessen type process control systems, a check • Socioeconomics • environmental impact. The more meter and bi-directional flow control Cultural Resources • specific your comments, the more useful assembly, control valves, pigging and Land Use • they will be. Please carefully follow gas cleaning facilities, and an office Reliability and Safety • these instructions to ensure that your building with septic system and water Air Quality and Noise comments are received in time and well. We will evaluate possible alternatives to the proposed project or portions of properly recorded: The general location of Kinder • the project, and make recommendations Send an original and two copies of Morgan’s proposed facilities is shown on how to lessen or avoid impacts on your letter to: Magalie R. Salas, on the map attached as appendix 1. the various resource areas. Secretary Federal Energy Regulatory Land Requirements for Construction Our independent analysis of the Commission 888 First St., NE., Room 1A Washington, DC 20426; issues will be in the EA. Depending on • Construction of Kinder Morgan’s the comments received during the Label one copy of the comments for proposed facilities would require about the attention of Gas 1, PJ–11.1; scoping process, the EA may be • 52.6 acres of land, including published and mailed to Federal, state, Reference Docket No. CP03–39– construction right-of-way for the storage 000; and and local agencies, public interest • field pipeline loops, and work areas groups, interested individuals, affected Mail your comments so that they needed at the compressor stations, the landowners, newspapers, libraries, and will be received in Washington, DC on injection/withdrawal wells sites, and for the Commission’s official service list for or before April 27, 2003. Please note that we are continuing to pipe storage. The construction this proceeding. A comment period will experience delays in mail deliveries disturbance width for each storage field be allotted for review if the EA is from the U.S. Postal Service. As a result, pipeline would be 75 feet and there published. We will consider all we will include all comments that we would be no change to the unspecified comments on the EA before we make receive within a reasonable time frame use area for the operation of either of the our recommendations to the in our environmental analysis of this looped storage field lines. Kinder Commission. Morgan indicates that about 11.9 acres To ensure your comments are project. However, the Commission of operational area would be considered, please carefully follow the strongly encourages electronic filing of maintained. Construction access would instructions in the public participation any comments or interventions or be via existing access roads. section below. protests to this proceeding. See 18 CFR 385.2001(a)(1)(iii) and the instructions The EA Process Currently Identified Environmental on the Commission’s Web site at The National Environmental Policy Issues http://www.ferc.gov under the ‘‘e- Act (NEPA) requires the Commission to We have already identified several Filing’’ link and the link to the User’s take into account the environmental issues that we think deserve attention Guide. Before you can file comments impacts that could result from an action based on a preliminary review of the you will need to create a free account whenever it considers the issuance of a proposed facilities and the which can be created by clicking on Certificate of Public Convenience and environmental information provided by ‘‘Login to File’’ and then ‘‘New User Kinder Morgan. This preliminary list of Account.’’ 2 A loop is a segment of pipeline that is installed Becoming an Intervenor adjacent to an existing pipeline and connected to 3 ‘‘We’’, ‘‘us’’, and ‘‘our’’ refer to the it on both ends. The loop allows more gas to be environmental staff of the Office of Energy Projects In addition to involvement in the EA moved through the pipeline system. (OEP). scoping process, you may want to

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become an official party to the Commission, such as orders, notices, transmission line, and (4) appurtenant proceeding known as an ‘‘intervenor’’. and rulemakings. facilities. The project would operate in Intervenors play a more formal role in a run-of-river mode and would have an Magalie R. Salas, the process. Among other things, average annual generation of 50 GWh. Secretary. intervenors have the right to receive k. This filing is available for review at copies of case-related Commission [FR Doc. 03–7864 Filed 4–1–03; 8:45 am] the Commission in the Public Reference documents and filings by other BILLING CODE 6717–01–P Room or may be viewed on the intervenors. Likewise, each intervenor Commission’s Web site at http:// www.ferc.gov using the ‘‘FERRIS’’ link. must provide 14 copies of its filings to DEPARTMENT OF ENERGY the Secretary of the Commission and Enter the docket number excluding the last three digits in the docket number must send a copy of its filings to all Federal Energy Regulatory field to access the document. For other parties on the Commission’s Commission assistance, call toll-free 1–866–208– service list for this proceeding. If you Notice of Application Accepted for 3676 or e-mail want to become an intervenor you must [email protected]. For TTY, file a motion to intervene according to Filing and Soliciting Comments, Protests, and Motions To Intervene call (202) 502–8659. A copy is also Rule 214 of the Commission’s Rules of available for inspection and Practice and Procedure (18 CFR March 26, 2003. reproduction at the applicant’s address 4 385.214) (see appendix 2). Only Take notice that the following in item g above. intervenors have the right to seek hydroelectric application has been filed l. Competing Preliminary Permit— rehearing of the Commission’s decision. with the Commission and is available Anyone desiring to file a competing Affected landowners and parties with for public inspection: application for preliminary permit for a environmental concerns may be granted a. Type of Application: Preliminary proposed project must submit the intervenor status upon showing good Permit. competing application itself, or a notice cause by stating that they have a clear b. Project No.: 12442–000. of intent to file such an application, to and direct interest in this proceeding c. Date filed: February 6, 2003. the Commission on or before the which would not be adequately d. Applicant: Universal Electric specified comment date for the particular application (see 18 CFR 4.36). represented by any other parties. You do Power Corporation. e. Name and Location of Project: The Submission of a timely notice of intent not need intervenor status to have your Kentucky L&D #2 Hydroelectric Project allows an interested person to file the environmental comments considered. would be located on the Kentucky River competing preliminary permit Environmental Mailing List in Henry County, Kentucky. The application no later than 30 days after proposed project would utilize an the specified comment date for the This notice is being sent to existing dam administered by the U.S. particular application. A competing individuals, organizations, and Army Corps of Engineers. preliminary permit application must government entities interested in and/or f. Filed Pursuant to: Federal Power conform with 18 CFR 4.30(b) and 4.36. potentially affected by the proposed Act, 16 U.S.C. 791(a)–825(r). m. Competing Development project. It is also being sent to all g. Applicant contact: Mr. Raymond Application—Any qualified identified potential right-of-way Helter, Universal Electric Power development applicant desiring to file a grantors. By this notice we are also Corporation, 1145 Highbrook Street, competing development application asking governmental agencies, Akron, OH 44301, (330) 535–7115. must submit to the Commission, on or especially those in appendix 3, to h. FERC Contact: Tom Papsidero, before a specified comment date for the express their interest in becoming (202) 502–6002. particular application, either a cooperating agencies for the preparation i. Deadline for filing comments, competing development application or a of the EA. protests, and motions to intervene: 60 notice of intent to file such an days from the issuance date of this application. Submission of a timely Additional Information notice. notice of intent to file a development The Commission’s Rules of Practice application allows an interested person Additional information about the and Procedure require all interveners to file the competing application no project is available from the filing documents with the Commission later than 120 days after the specified Commission’s Office of External Affairs, to serve a copy of that document on comment date for the particular at 1–866–208–FERC or on the FERC each person in the official service list application. A competing license Internet Web site (http://www.ferc.gov) for the project. Further, if an intervener application must conform with 18 CFR using the FERRIS link. Click on the files comments or documents with the 4.30(b) and 4.36. FERRIS link, enter the docket number Commission relating to the merits of an n. Notice of Intent—A notice of intent excluding the last three digits in the issue that may affect the responsibilities must specify the exact name, business Docket Number field. Be sure you have of a particular resource agency, they address, and telephone number of the selected an appropriate date range. For must also serve a copy of the document prospective applicant, and must include assistance with FERRIS, the FERRIS on that resource agency. an unequivocal statement of intent to helpline can be reached at 1–866–208– j. Description of Project: The proposed submit, if such an application may be 3676, TTY (202) 502–8659, or at project, using the Corps’ existing filed, either a preliminary permit [email protected]. The Kentucky Lock and Dam No. 2 and application or a development FERRIS link on the FERC Internet Web Reservoir, would consist of: (1) Six application (specify which type of site also provides access to the texts of proposed 50-foot-long, 9-foot-diameter application). A notice of intent must be formal documents issued by the steel penstocks, (2) a proposed served on the applicant(s) named in this powerhouse containing six generating public notice. 4 Interventions may also be filed electronically via units with a combined installed o. Proposed Scope of Studies under the Internet in lieu of paper. See the previous capacity of 8.2 megawatts, (3) a Permit—A preliminary permit, if issued, discussion on filing comments electronically. proposed 200-foot-long, 14.7-kv does not authorize construction. The

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term of the proposed preliminary permit agency’s comments must also be sent to l. Description of the Project: the would be 36 months. The work the Applicant’s representatives. project consists of (1) an upper proposed under the preliminary permit diversion dam consisting of a gated Magalie R. Salas, would include economic analysis, spillway section 100 feet long and a preparation of preliminary engineering Secretary. flume section 123 long; (2) a concrete plans, and a study of environmental [FR Doc. 03–7866 Filed 4–1–03; 8:45 am] flume 4,635 feet long between the upper impacts. Based on the results of these BILLING CODE 6717–01–P diversion dam and the upper intake studies, the Applicant would decide structure; (3) the upper concrete intake whether to proceed with the preparation structure 80.5 feet long and of a development application to DEPARTMENT OF ENERGY approximately 21 feet wide; (4) a steel construct and operate the project. Federal Energy Regulatory penstock 10 feet in diameter and p. Comments, Protests, or Motions to Commission approximately 238 feet long connected Intervene—Anyone may submit to the upper powerhouse; (5) the upper comments, a protest, or a motion to Notice of Intent To Prepare an reinforced concrete powerhouse intervene in accordance with the Environmental Assessment, Conduct containing one generating unit having requirements of Rules of Practice and Scoping Meetings and Site Visit and an installed nameplate capacity of 8.27 Procedure, 18 CFR 385.210, .211, .214. Soliciting Scoping Comments megawatts; (6) a lower diversion dam In determining the appropriate action to consisting of a gated spillway section take, the Commission will consider all March 26, 2003. 163 feet long and a flume section 136 protests or other comments filed, but Take notice that the following feet long; (7) a concrete flume 5,318 feet only those who file a motion to hydroelectric application has been filed long between the lower diversion dam intervene in accordance with the with Commission and is available for and the lower intake structure; (8) the Commission’s Rules may become a public inspection: lower concrete intake structure 85 feet party to the proceeding. Any comments, a. Type of Application: New Major long and approximately 23 feet wide; (9) protests, or motions to intervene must License. a steel penstock 12 feet in diameter and be received on or before the specified b. Project No.: 2726–012. approximately 301 feet long connected comment date for the particular c. Date filed: July 29, 2002. to the lower powerhouse; (10) the lower application. d. Applicant: Idaho Power Company. reinforced concrete powerhouse e. Name of Project: Upper and Lower q. Filing and Service of Responsive containing one generating unit having Malad Hydroelectric Project. Documents—Any filings must bear in an installed capacity of 13.5 megawatts; all capital letters the title f. Location: On the Malad River in the Town of Hagerman, Gooding County, and (11) other appurtenances. ‘‘COMMENTS’’, ‘‘NOTICE OF INTENT m. A copy of the application is TO FILE COMPETING APPLICATION’’, Idaho. g. Filed Pursuant to: Federal Power available for review at the Commission ‘‘COMPETING APPLICATION’’, Act, 16 U.S.C. 791(a)–825(r). in the Public Reference Room or may be ‘‘PROTEST’’, or ‘‘MOTION TO h. Applicant Contact: Lewis Wardle, viewed on the Commission’s Web site at INTERVENE’’, as applicable, and the Relicensing Project Manager, Idaho http://www.ferc.gov using the ‘‘FERRIS’’ Project Number of the particular Power Company, 1221 West Idaho link. Enter the docket number excluding application to which the filing refers. Street, Boise, ID 83707, (208) 388–2964 the last three digits in the docket Any of the above-named documents i. FERC Contact: John Blair, (202) number field to access the document. must be filed by providing an original 502–6092, or [email protected]. For assistance, contact FERC Online and eight copies to: The Secretary, j. Deadline for filing scoping Support at Federal Energy Regulatory Commission, comments: June 7, 2003 [email protected] or toll- 888 First Street, NE., Washington, DC All documents (original and eight free at 1–866–208–3676, or for TTY, 20426. An additional copy must be sent copies) should be filed with: Magalie R. (202) 502–8659. A copy is also available to Director, Division of Hydropower Salas, Secretary, Federal Energy for inspection and reproduction at the Administration and Compliance, Regulatory Commission, 888 First address in item h above. Federal Energy Regulatory Commission, Street, NE., Washington, DC 20426. n. Scoping Process: The Commission at the above-mentioned address. A copy The Commission’s Rules of Practice intends to prepare an Environmental of any notice of intent, competing and Procedure require all interveners assessment (EA) on the project in application or motion to intervene must filing documents with the Commission accordance with the National also be served upon each representative to serve a copy of that document on Environmental Policy Act. The EA will of the Applicant specified in the each person on the official service list consider both site-specific and particular application. for the project. Further, if an intervener cumulative environmental impacts and Comments, protests and interventions files comments or documents with the reasonable alternatives to the proposed may be filed electronically via the Commission relating to the merits of an action. Internet in lieu of paper; see 18 CFR issue that may affect the responsibilities Scoping Meetings 385.2001(a)(1)(iii) and the instructions of a particular resource agency, they on the Commission’s Web site under the must also serve a copy of the document FERC staff will conduct one agency ‘‘e-Filing’’ link. The Commission on that resource agency. scoping meeting and one public strongly encourages electronic filings. Scoping comments may be filed meeting. The agency scoping meeting r. Agency Comments: Federal, state, electronically via the Internet in lieu of will focus on resource agency and non- and local agencies are invited to file paper. The Commission strongly governmental organization (NGO) comments on the described application. encourages electronic filings. See 18 concerns, while the public scoping A copy of the application may be CFR 385.2001(a)(1)(iii) and the meeting is primarily for public input. obtained by agencies directly from the instructions on the Commission’s Web All interested individuals, Applicant. If an agency does not file site (http://www.ferc.gov) under the ‘‘e- organizations, and agencies are invited comments within the time specified for Filing’’ link. to attend one or both of the meetings, filing comments, it will be presumed to k. This application is not ready for and to assist the staff in identifying the have no comments. One copy of an environmental analysis at this time. scope of the environmental issues that

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should be analyzed in the EA. The times those issues that do not require a Salas, Secretary, Federal Energy and locations of these meetings are as detailed analysis. Regulatory Commission, 888 First follows: Street, NE., Washington, DC 20426. Procedures The Commission’s Rules of Practice Public Scoping Meeting The meetings are recorded by a and Procedure require all interveners Date: Tuesday, May 6, 2003. stenographer and become part of the filing documents with the Commission Time: 7 p.m.–9 p.m. formal record of the Commission to serve a copy of that document on Place: Hagerman Senior and proceeding on the project. each person on the official service list Community Center. Individuals, organizations, and for the project. Further, if an intervener Address: 140 East Lake, Hagerman, agencies with environmental expertise files comments or documents with the Idaho. and concerns are encouraged to attend Commission relating to the merits of an the meeting and to assist the staff in Agency Scoping Meeting issue that may affect the responsibilities defining and clarifying the issues to be of a particular resource agency, they Date: Wednesday, May 7, 2003 addressed in the EA. must also serve a copy of the document Time: 9:30 a.m.–noon on that resource agency. Place: Idaho Power Company Magalie R. Salas, Scoping comments may be filed Headquarters Building Secretary. electronically via the Internet in lieu of Address: 1221 West Idaho, Bosie, [FR Doc. 03–7867 Filed 4–1–03; 8:45 am] paper. The Commission strongly Idaho BILLING CODE 6717–01–P encourages electronic filings. See 18 Copies of the Scoping Document CFR 385.2001(a)(1)(iii) and the (SD1) outlining the subject areas to be instructions on the Commission’s Web addressed in the EA were distributed to DEPARTMENT OF ENERGY site ( http://www.ferc.gov ) under the ‘‘e- the parties on the Commission’s mailing Filing’’ link. list. Copies of the SD1 will be available Federal Energy Regulatory k. Amendment Application: PGE at the scoping meeting or may be Commission proposes to: (i) Extend the term of the viewed on the Commission’s Web site at [Project Nos.477–024] license from November 16, 2004, to http://www.ferc.gov using the ‘‘FERRIS’’ November 16, 2017; (ii) continue link. Enter the docket number excluding Notice of Intent To Prepare an generation until removal of the Little the last three digits in the docket field Environmental Impact Statement and Sandy dam in 2008; (iii) implement a to access the document. For assistance, Soliciting Additional Scoping program of geomorphological and water contact FERC Online Support at Comments quality monitoring continuing until [email protected] or toll Marmot dam removal; (iv) continue free at 1–866–208–3676, or for TTY, March 26, 2003. operation of the fish ladder and sorting (202) 502–8659. A copy is also available Take notice that the following facility at Marmot dam until Marmot for inspection at the address in item ‘‘h’’ hydroelectric applications have been dam removal; and (v) modify the above. filed with Commission and are available operation of the diversion canal at for public inspection: Marmot dam to provide protection of Site Visit a. Application Type: Amendment of threatened fish species from November License, Surrender of License, The Applicant and FERC staff will 2004 until November 2007. conduct a project site visit beginning at Settlement Agreement and Surrender Application: The Project 1 p.m. on Tuesday, May 6, 2003. All Decommissioning Plan. works include: Marmot dam, located at b. Project No.: 477–024. interested individuals, organizations, River Mile (RM) 30 on the Sandy River; c. Date Filed: November 12, 2002. and agencies are invited to attend. All d. Applicant: Portland General a 3.1-mile-long series of canals and participants should meet at Idaho Electric Company (PGE). tunnels leading from Marmot dam to the Power’s Hagerman Maintenance Shop e. Name of Project: Bull Run Little Sandy River just upstream of the located just south of the Malad River Hydroelectric Project. Little Sandy diversion dam; the Little Bridge, off Highway 30 north of f. Location: On the Sandy, Little Sandy diversion dam, located at RM 1.7 Hagerman. All participants are Sandy, and Bull Run Rivers, near the on the Little Sandy River; a 2.8-mile- responsible for their own transportation Town of Sandy, Clackamas County, long box flume leading from the Little to the site. RSVP Lewis Wardle, Idaho Oregon. The project is located on lands Sandy diversion dam to the manmade Power Company, at (208) 388–2964, if administered by the Forest Service (Mt. forebay, Roslyn Lake; two 1,200 foot you plan to attend the site visit. Hood National Forest) and the Bureau of penstocks; and a powerhouse containing four generators with a total capacity of Objectives Land Management. g. Filed Pursuant to: Federal Power 22 megawatts. The powerhouse At the scoping meetings, the staff will: Act, 16 U.S.C. 791(a)–825(r); Rule 602 of discharges to the Bull Run River 1.5 (1) Summarize the environmental issues the Commission’s Rules of Practice and miles above its confluence with the tentatively identified for analysis in the Procedure, 18 CFR 385.602. Sandy River at RM 18.4. EA; (2) solicit from the meeting h. Applicant Contact: Julie A. Keil, PGE proposes the complete removal participants all available information, Director, Hydro Licensing and Water of both Marmot and the Little Sandy especially quantifiable data, on the Rights, PGE, 121 SW Salmon Street, diversion dams, starting in 2007, along resources at issue; (3) encourage Portland, Oregon 97204, 503–464–8864. with the dismantling of their associated statements from experts and the public i. FERC Contact: Alan Mitchnick, water conveyance structures. In on issues that should be analyzed in the 202–502–6074; addition, Roslyn Lake would be EA, including viewpoints in opposition [email protected]. drained, the powerhouse generating to, or in support of, the staff’s j. Deadline for filing additional equipment would be disabled, and the preliminary views; (4) determine the scoping comments: 30 days from date of powerhouse structure would be resource issues to be addressed in the this notice. demolished. All PGE-owned lands EA; and (5) identify those issues that All documents (original and eight within the existing project boundary require a detailed analysis, as well as copies) should be filed with: Magalie R. would be conveyed to the Western

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Rivers Conservancy once the license is Collection Request (ICR) has been Protection Agency, Mailcode: 6102T, surrendered and the project is removed, forwarded to the Office of Management 1200 Pennsylvania Ave., NW., and used to protect and conserve fish and Budget (OMB) for review and Washington, DC 20460–0001, and (2) and wildlife habitat, public access, and approval: Fuels and Fuel Additives— Mail your comments to OMB at: Office recreation opportunities in the Sandy Health-Effects Research Protocols—40 of Information and Regulatory Affairs, River Basin. Project water rights would CFR part 79, subpart F. This ICR Office of Management and Budget be relinquished and would revert to describes the nature of the information (OMB), Attention: Desk Officer for EPA, instream use. collection and its estimated burden and 725 17th Street, NW., Washington, DC l. A copy of the application is cost. 20503. available for review at the Commission DATES: Additional comments may be EPA’s policy is that public comments, in the Public Reference Room or may be submitted on or before May 2, 2003. whether submitted electronically or in viewed on the Commission’s Web site at paper, will be made available for public ADDRESSES: Follow the detailed http://www.ferc.gov using the ‘‘FERRIS’’ viewing in EDOCKET as EPA receives instructions in SUPPLEMENTARY link. Enter the docket number excluding them and without change, unless the INFORMATION. the last three digits in the docket comment contains copyrighted material, number field to access the document. FOR FURTHER INFORMATION CONTACT: CBI, or other information whose public For assistance, contact FERC Online James W. Caldwell, Transportation and disclosure is restricted by statute. When Support at Regional Programs Division, Office of EPA identifies a comment containing [email protected] or toll- Transportation and Air Quality (6406J), copyrighted material, EPA will provide free at 1–866–208–3676, or for TTY, Environmental Protection Agency, 1200 a reference to that material in the (202) 502–8659. A copy is also available Pennsylvania Ave., NW., Washington, version of the comment that is placed in for inspection and reproduction at the DC 20460–0001; telephone number: EDOCKET. The entire printed comment, address in item g above. (202) 564–9303; fax number: (202) 565– including the copyrighted material, will m. Scoping Process; The Commission 2085; e-mail address: be available in the public docket. intends to prepare an Environmental [email protected]. Although identified as an item in the official docket, information claimed as Impact Statement (EIS) on the project in SUPPLEMENTARY INFORMATION: EPA has CBI, or whose disclosure is otherwise accordance with the National submitted the following ICR to OMB for Environmental Policy Act. The EIS will restricted by statute, is not included in review and approval according to the the official public docket, and will not consider both site-specific and procedures prescribed in 5 CFR 1320.12. cumulative environmental impacts and be available for public viewing in On December 12, 2002 (67 FR 76399), EDOCKET. For further information reasonable alternatives to the proposed EPA sought comments on this ICR action. about the electronic docket, see EPA’s pursuant to 5 CFR 1320.8(d). EPA Federal Register notice describing the PGE and Commission staff conducted received no comments. scoping prior to PGE’s preparation of a electronic docket at 67 FR 38102 (May EPA has established a public docket 31, 2002), or go to www.epa.gov/ draft environmental assessment that was for this ICR under Docket ID No. OAR– filed with the Commission as part of the edocket. 2003–0015, which is available for public Title: Fuels and Fuel Additives— surrender application. Scoping viewing at the Office of Air and document 1 was issued on July 30, Health-Effects Research Protocols—40 Radiation Docket in the EPA Docket CFR part 79, subpart F, (OMB Control 1999, and scoping document 2 was Center (EPA/DC), EPA West, Room issued on November 4, 1999. Scoping Number 2060–0297, EPA ICR Number B102, 1301 Constitution Ave., NW., 1696.04). This is a request to renew an meetings were held on September 1, Washington, DC. The EPA Docket 1999. We are requesting comments on existing approved collection that is Center Public Reading Room is open scheduled to expire on May 31, 2003. any additional issues or alternatives that from 8:30 a.m. to 4:30 p.m., Monday should be analyzed in the EIS. Under OMB regulations, the Agency through Friday, excluding legal may continue to conduct or sponsor the Magalie R. Salas, holidays. The telephone number for the collection of information while this Secretary. Reading Room is (202) 566–1744, and submission is pending at OMB. [FR Doc. 03–7868 Filed 4–1–03; 8:45 am] the telephone number for the Office of Abstract: In accordance with the BILLING CODE 6717–01–P Air and Radiation Docket is (202) 566– regulations at 40 CFR part 79, subparts 1742. An electronic version of the A, B, C, and D, Registration of Fuels and public docket is available through EPA Fuel Additives, manufacturers ENVIRONMENTAL PROTECTION Dockets (EDOCKET) at http:// (including importers) of gasoline and AGENCY www.epa.gov/edocket. Use EDOCKET to diesel fuel, and manufacturers submit or view public comments, access (including importers) of additives for [OAR–2003–0015; FRL–7475–7] the index listing of the contents of the gasoline or diesel fuel, are required to public docket, and to access those have their products registered by EPA Agency Information Collection documents in the public docket that are prior to their introduction into Activities; Submission of EPA ICR No. available electronically. Once in the commerce. Registration involves 1696.04 (OMB No. 2060–0297) to OMB system, select ‘‘search,’’ then key in the providing a chemical description of the for Review and Approval; Comment docket ID number identified above. fuel or additive, and certain technical, Request Any comments related to this ICR marketing, and health-effects AGENCY: Environmental Protection should be submitted to EPA and OMB information. The development of Agency (EPA). within 30 days of this notice, and health-effects data, as required by 40 ACTION: Notice. according to the following detailed CFR part 79, subpart F, is the subject of instructions: (1) Submit your comments this ICR. The information collection SUMMARY: In compliance with the to EPA online using EDOCKET (our requirements for subparts A through D, Paperwork Reduction Act (44 U.S.C. preferred method), by e-mail to a-and- and the supplemental notification 3501 et seq.), this document announces [email protected], or by mail to: EPA requirement of subpart F (indicating that the following Information Docket Center, Environmental how the manufacturer will satisfy the

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research requirements) are covered by a and a water/diesel fuel emulsion in Dated: March 13, 2003. separate ICR (EPA ICR Number 0309.10, 2000 and 2002, respectively. Tier 3 Oscar Morales, OMB Control Number 2060–0150). The provides for follow-up research, if Director, Collection Strategies Division. health-effects information will be used necessary. No Tier 3 requirements have [FR Doc. 03–7971 Filed 4–1–03; 8:45 am] to determine if there are any products been established, and it is unlikely that BILLING CODE 6560–50–P whose evaporative or combustion any will be during the next three years. emissions pose an unreasonable risk to Thus, Tier 3 is not addressed in this public health, thus meriting further ICR. Under section 211 of the Clean Air ENVIRONMENTAL PROTECTION investigation and potential regulation. Act, (1) submission of the information is AGENCY This information is required for specific necessary for a manufacturer to obtain groups of fuels and additives as defined registration of a new fuel or additive, [RCRA–1999–0050, FRL–7475–8] in the regulations. For example, all and thus be allowed to introduce that Agency Information Collection gasolines and gasoline additives which product into commerce, and (2) the Activities: Submission for OMB consist of only carbon, hydrogen, information shall not be considered Review; Comment Request; Part B oxygen, nitrogen, and/or sulphur, and confidential. Permit Application, Permit which involve a gasoline oxygen An agency may not conduct or Modifications, and Special Permits content of less than 1.5 weight percent, sponsor, and a person is not required to fall into a ‘‘baseline’’ group. Oxygenates, respond to, a collection of information AGENCY: Environmental Protection such as ethanol and methyl tertiary unless it displays a currently valid OMB Agency (EPA). butyl ether (MTBE), when used in control number. The OMB control ACTION: Notice. gasoline at oxygen levels of at least 1.5 numbers for EPA’s regulations are listed weight percent, define separate in 40 CFR part 9 and 48 CFR chapter 15, SUMMARY: In compliance with the ‘‘nonbaseline’’ groups for each and are identified on the form and/or Paperwork Reduction Act (44 U.S.C. oxygenate. Additives which contain instrument, if applicable. 3501 et seq.), this document announces elements other than carbon, hydrogen, Burden Statement: The annual public that the following Information oxygen, nitrogen, and/or sulphur fall reporting and recordkeeping burden for Collection Request (ICR) has been into separate ‘‘atypical’’ groups. There this collection of information is forwarded to the Office of Management are similar grouping requirements for estimated to average 15,175 hours per and Budget (OMB) for review and diesel fuels and additives. response. Burden means the total time, approval: Part B Permit Application, Manufacturers may perform the effort, or financial resources expended Permit Modifications, and Special research independently or may join by persons to generate, maintain, retain, Permits, EPA ICR # 1573.10, OMB No. with other manufacturers to share in the or disclose or provide information to or 2050–0009, expires on March 31, 2003. costs for each applicable group. Several for a Federal agency. This includes the The ICR describes the nature of the research consortiums (groups of time needed to review instructions; information collection and its expected manufacturers) have been formed. The develop, acquire, install, and utilize burden and cost; where appropriate, it largest consortium, organized by the technology and systems for the purposes includes the actual data collection American Petroleum Institute (API), of collecting, validating, and verifying instrument. represents most of the manufacturers of information, processing and DATES: Comments must be submitted on baseline and nonbaseline gasolines, maintaining information, and disclosing or before May 2, 2003. diesel fuels, and additives. The research and providing information; adjust the ADDRESSES: Follow the detailed is structured into three tiers of existing ways to comply with any instructions in SUPPLEMENTARY requirements for each group. Tier 1 previously applicable instructions and INFORMATION. requires an emissions characterization requirements; train personnel to be able and a literature search for information to respond to a collection of FOR FURTHER INFORMATION CONTACT: on the health effects of those emissions. information; search data sources; David Eberly, Office of Solid Waste Voluminous Tier 1 data were submitted complete and review the collection of (5303W), Environmental Protection by API and others in 1997. Tier 1 data information; and transmit or otherwise Agency, 1200 Pennsylvania Ave., NW., were submitted for biodiesel and a disclose the information. Washington, DC 20460; telephone water/diesel fuel emulsion in 1998 and Respondents/Affected Entities: number: (703) 308–8645, or by e-mail at 2000, respectively. Tier 2 requires short- Manufacturers of Fuels and Fuel [email protected]. term inhalation exposures of laboratory Additives. SUPPLEMENTARY INFORMATION: EPA has animals to emissions to screen for Estimated Number of Respondents: 8. established a public docket for this ICR adverse health effects. Alternative Tier 2 under Docket ID No. RCRA–1999–0050, Frequency of Response: On occasion. testing can be required in lieu of the which is available for public viewing at standard Tier 2 if EPA concludes that Estimated Total Annual Hour Burden: the RCRA Docket in the EPA Docket such testing would be more appropriate. 60,700. Center (EPA/DC), EPA West, Room The EPA reached that conclusion with Estimated Total Annual Cost: $6.8 B102, 1301 Constitution Ave., NW., respect to gasoline and gasoline- million, includes $1.4 million Washington, DC. The EPA Docket oxygenate blends, and alternative annualized capital or O&M costs. Center Public Reading Room is open requirements have been established for Changes in the Estimates: There is a from 8:30 a.m. to 4:30 p.m., Monday the API consortium for baseline gasoline decrease of 6,767 hours in the total through Friday, excluding legal and six gasoline-oxygenate blends. A estimated burden currently identified in holidays. The telephone number for the similar situation exists with the Ethyl the OMB Inventory of Approved ICR Reading Room is (202) 566–1744, and Corporation and its manganese additive Burdens. This decrease is due to the the telephone number for the RCRA MMT, and alternative requirements incorrect allocation of hours to some of Docket is (202) 566–0270. An electronic have been established. The API the capital/start-up costs and operating version of the public docket is available submitted Tier 2 data for diesel in 1997. and maintenance costs in the previous through EPA Dockets (EDOCKET) at Tier 2 data were submitted for biodiesel ICR. http://www.epa.gov/edocket. Use

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EDOCKET to submit or view public wastes; the design capacity of such be provided to the extent required may comments, access the index listing of processes; and the specific hazardous receive case-by-case allowances from the contents of the public docket, and to wastes to be handled at the facility. Part EPA. access those documents in the public B requires detailed site specific General information requirements are docket that are available electronically. information such as geologic, outlined in § 270.14. Sections Once in the system, select ‘‘search,’’ hydrologic, and engineering data. In the 270.14(b)(1)–(14) require owner/ then key in the docket ID number event that permit modifications are operators to provide information on identified above. proposed by the applicant or EPA, compliance with general facility Any comments related to this ICR modifications must conform to the standards. Financial assurance should be submitted to EPA and OMB requirements under sections 3004 and information is required under within 30 days of this notice, and 3005. §§ 270.15—.18. Section 270.14(b)(19) according to the following detailed This ICR provides a comprehensive requires owner/operators to submit a instructions: (1) Submit your comments discussion of the requirements for topographical map, and § 270.14(b)(21) to EPA online using EDOCKET (our owner/operators of TSDFs submitting covers special requirements for owner/ preferred method), by email to the rcra- applications for a part B permit or operators of land disposal facilities [email protected], or by mail to: EPA permit modification. The information granted case-by-case extensions under Docket Center, Environmental collections contained in this ICR are § 268.5 or petitions under § 268.6. Protection Agency, RCRA Docket, divided into three sections: Information on ground-water quality 5305T, 1200 Pennsylvania Ave., NW., demonstrations and exemptions from and monitoring programs for land Washington, DC 20460, and (2) Mail requirements (40 CFR part 264), disposal facilities is discussed under your comments to OMB at: Office of contents of the part B application (40 §§ 270.14(c)(1)–(8). Section 270.14(d) Information and Regulatory Affairs, CFR part 270), and permit modifications establishes part B information Office of Management and Budget and special permits (40 CFR part 270). requirements for solid waste (OMB), Attention: Desk Officer for EPA, management units. Demonstrations and Exemptions From 725 17th Street, NW., Washington, DC In addition to the general part B Requirements 20503. information that must be submitted by EPA’s policy is that public comments, 40 CFR part 264 contains minimum all owner/operators of TSDFs, there are whether submitted electronically or in standards for TSDFs consisting of both unique information requirements paper, will be made available for public administrative and technical related to the type of unit for which the viewing in EDOCKET as EPA receives requirements. Owner/operators may owner/operator is seeking a permit. The them and without change, unless the obtain exemption from certain requirements under §§ 270.15–.21 and comment contains copyrighted material, requirements by submitting .23 address specific requirements for the CBI, or other information whose public demonstrations to EPA. In most cases, following types of units: containers, disclosure is restricted by statute. When these demonstrations will be submitted tank systems, surface impoundments, EPA identifies a comment containing along with the part B application. waste piles, incinerators, land treatment copyrighted material, EPA will provide Section 264.90 allows owner/operators units, landfills, boilers and industrial a reference to that material in the to submit a demonstration for furnaces, and miscellaneous units. version of the comment that is placed in exemption from the subpart F Sections 270.24 and 270.25 apply to EDOCKET. The entire printed comment, requirements regarding releases to the facilities with process vents or including the copyrighted material, will uppermost aquifer. In addition, owner/ equipment subject to the requirements be available in the public docket. operators of tank systems, surface of 40 CFR parts 264/265, subparts AA Although identified as an item in the impoundments, waste piles, landfills, and BB, respectively. Section 270.26 official docket, information claimed as land treatment facilities and applies to facilities with drip pads CBI, or whose disclosure is otherwise incinerators may apply for exemptions subject to the requirements of 40 CFR restricted by statute, is not included in from certain technical requirements by parts 264/265, subpart W. the official public docket, and will not submitting demonstrations under Some owner/operators may also be be available for public viewing in §§ 264.193, .221, .251, .272, .301 and required to submit a schedule of EDOCKET. .344, respectively. compliance leading to compliance with Title: Part B Permit Application, Contents of the Part B Application 40 RCRA and regulations as part of their Permit Modifications, and Special CFR part 270 contains requirements for application. The requirements for Permits, OMB Control No. 2050–0009, owner/operators submitting a part B schedules of compliance are contained EPA ICR No. 1573.10, expiring on permit application. Section 270.1 allows in § 270.33. March 31, 2003. This is a request for owner/operators of certain facilities extension of a currently approved closing by removal or decontamination Permit Modifications and Special collection. Under OMB regulations, the to petition for an exemption from post- Permits Agency may continue to conduct or closure permit requirements. Section Sections 270.40 through 270.42 sponsor the collection of information 270.10 requires owner/operators of address the requirements for permit while this submission is pending at certain facilities to provide information modifications. Section 270.40 applies to OMB. on the potential for public exposure owner/operators transferring ownership Abstract: Section 3005 of Subtitle C of resulting from unit-related releases. or operational control of a facility. RCRA requires treatment, storage or Part B of the permit application These owner/operators must submit disposal (TSD) facilities to obtain a consists of the general and specific Class 1 permit modifications as well as permit. To obtain the permit, the TSD information requirements contained in a written agreement containing specific must submit an application describing §§ 270.14 through 270.29. These part B transfer information. Requirements for the facility’s operation. There are two information requirements reflect the owner/operators submitting permit parts to the RCRA permit application— standards promulgated in 40 CFR part modifications at the request of the part A and part B. Part A defines the 264. Under § 270.14(a), owner/operators Agency are contained in § 270.41. processes to be used for treatment, who can demonstrate that the Requirements for Class 1, 2, and 3 storage, and disposal of hazardous information prescribed in part B cannot permit modifications submitted at the

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request of the permittee are contained in complete and review the collection of FOR FURTHER INFORMATION CONTACT: § 270.42(a)–(c). Section 270.42(d) allows information; and transmit or otherwise Nancy Vogel, Field and External Affairs permittees to request that the Agency disclose the information. Division (7506C), Office of Pesticide determine the classification for a Respondents/Affected Entities: Programs, Environmental Protection specific modification. Sections 270.42(e) Business. Agency, 1200 Pennsylvania Ave., NW., and (g) discuss requirements for Estimated Number of Respondents: Washington, DC 20460–0001; telephone temporary authorization and permit 74. number: (703) 305–6475; fax number: modifications for newly regulated Frequency of Response: Occasional. (703) 305–5884; e-mail address: wastes and units, respectively. Estimated Total Annual Hour Burden: [email protected]. In 40 CFR part 264, subpart S, EPA 12,209 hours. promulgated regulations for corrective Estimated Total Annualized Capital, SUPPLEMENTARY INFORMATION: action management units (CAMUs). 40 Operating/Maintenance Cost Burden: I. Does this Action Apply to Me? CFR 264.552(d) requires owner/ $2,468,000. operators to prepare and submit Changes in the Estimates: There is a You may be potentially affected by information that enables EPA to decrease of 165,523 hours in the total this action if you are an individual or designate a CAMU. estimated burden currently identified in entity engaged in activities related to the Requirements for permit renewal are the OMB Inventory of Approved ICR registration of a pesticide product. contained in §§ 270.50 and 270.51. In Burdens. This is due to a lower number Potentially affected entities may order to renew an expiring permit, of affected facilities. include, but are not limited to: • owner/operators must submit an Dated: March 25, 2003. Pesticide and other agricultural application containing the information Oscar Morales, chemical manufacturing (NAICS required under § 270.14 and the 325320), e.g., Pesticide registrants. Director, Collection Strategies Division. applicable sections of §§ 270.15 through This listing is not intended to be [FR Doc. 03–7972 Filed 4–1–03; 8:45 am] 270.29. exhaustive, but rather provides a guide Sections 270.60 and 270.62 through BILLING CODE 6560–50–P for readers regarding entities likely to be 270.65 address the requirements affected by this action. Other types of associated with special types of permits. entities not listed above could also be These include permits by rule ENVIRONMENTAL PROTECTION AGENCY affected. The North American Industrial (§ 270.60); hazardous waste incinerator Classification System (NAICS) codes permits (§ 270.62); permits for land [OPP–2003–0085; FRL–7290–2] have been provided to assist you and treatment demonstrations using field others in determining whether this test or laboratory analyses (§ 270.63); Product Registration Maintenance action might apply to certain entities. interim permits for UIC wells (§ 270.64); Fees; Renewal of Pesticide Information To determine whether you or your and research, development and Collection Activities and Request for business may be affected by this action, demonstration permits (§ 270.65). Comments you should carefully examine the An agency may not conduct or AGENCY: Environmental Protection applicability provisions in the Federal sponsor, and a person is not required to Insecticide, Fungicide, and Rodenticide respond to, a collection of information Agency (EPA). ACTION: Notice. Act (FIFRA). If you have any questions unless it displays a currently valid OMB regarding the applicability of this action control number. The OMB control SUMMARY: In compliance with the to a particular entity, consult the person numbers for EPA’s regulations are listed Paperwork Reduction Act (PRA) (44 listed under FOR FURTHER INFORMATION in 40 CFR part 9 and 48 CFR chapter 15. U.S.C. 3501 et seq.) this notice CONTACT. The Federal Register document announces that EPA is seeking public II. How Can I Get Copies of this required under 5 CFR 1320.8(d), comment on the following Information Document and Other Related soliciting comments on this collection Collection Request (ICR): Product Information? of information was published on July Registration Maintenance Fees (EPA ICR 23, 1999 (64 FR 39986); no comments No. 1214.06, OMB Control No. 2070– A. Docket were received. 0100). This is a request to renew an Burden Statement: The annual public EPA has established an official public existing ICR that is currently approved reporting and recordkeeping burden for docket for this action under docket and due to expire January 31, 2004. The this collection of information is identification (ID) number OPP–2003– ICR describes the nature of the estimated to average 165 hours per 0085. The official public docket consists information collection activity and its response. Burden means the total time, of the documents specifically referenced expected burden and costs. Before effort, or financial resources expended in this action, any public comments submitting this ICR to the Office of by persons to generate, maintain, retain, received, and other information related Management and Budget (OMB) for or disclose or provide information to or to this action. Although a part of the review and approval under the PRA, for a Federal agency. This includes the official docket, the public docket does EPA is soliciting comments on specific time needed to review instructions; not include Confidential Business aspects of the collection. develop, acquire, install, and utilize Information (CBI) or other information technology and systems for the purposes DATES: Written comments, identified by whose disclosure is restricted by statute. of collecting, validating, and verifying the docket ID number OPP–2003–0085, The official public docket is the information, processing and must be received on or before June 2, collection of materials that is available maintaining information, and disclosing 2003. for public viewing at the Public and providing information; adjust the ADDRESSES: Comments may be Information and Records Integrity existing ways to comply with any submitted electronically, by mail, or Branch (PIRIB), Rm. 119, Crystal Mall previously applicable instructions and through hand delivery/courier. Follow #2, 1921 Jefferson Davis Hwy., requirements; train personnel to be able the detailed instructions as provided in Arlington, VA. This docket facility is to respond to a collection of Unit III. of the SUPPLEMENTARY open from 8:30 a.m. to 4 p.m., Monday information; search data sources; INFORMATION. through Friday, excluding legal

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holidays. The docket telephone number copyrighted material, will be available comments. Go directly to EPA Dockets is (703) 305–5805. in the public docket. at http://www.epa.gov/edocket, and Public comments submitted on follow the online instructions for B. Electronic Access computer disks that are mailed or submitting comments. Once in the You may access this Federal Register delivered to the docket will be system, select ‘‘search,’’ and then key in document electronically through the transferred to EPA’s electronic public docket ID number OPP–2003–0085. The EPA Internet under the ‘‘Federal docket. Public comments that are system is an ‘‘anonymous access’’ Register’’ listings at http:// mailed or delivered to the docket will be system, which means EPA will not www.epa.gov/fedrgstr/. scanned and placed in EPA’s electronic know your identity, e-mail address, or An electronic version of the public public docket. Where practical, physical other contact information unless you docket is available through EPA’s objects will be photographed, and the provide it in the body of your comment. electronic public docket and comment photograph will be placed in EPA’s ii. E-mail. Comments may be sent by system, EPA Dockets. You may use EPA electronic public docket along with a e-mail to [email protected], Dockets at http://www.epa.gov/edocket/ brief description written by the docket Attention: Docket ID Number OPP– to submit or view public comments, staff. 2003–0085. In contrast to EPA’s electronic public docket, EPA’s e-mail access the index listing of the contents III. How Can I Respond to this Action? of the official public docket, and to system is not an ‘‘anonymous access’’ access those documents in the public A. How and To Whom Do I Submit system. If you send an e-mail comment docket that are available electronically. Comments? directly to the docket without going through EPA’s electronic public docket, Once in the system, select ‘‘search,’’ You may submit comments then key in the appropriate docket ID EPA’s e-mail system automatically electronically, by mail, or through hand captures your e-mail address. E-mail number. delivery/courier. To ensure proper Certain types of information will not addresses that are automatically receipt by EPA, identify the appropriate captured by EPA’s e-mail system are be placed in the EPA Dockets. docket ID number in the subject line on Information claimed as CBI and other included as part of the comment that is the first page of your comment. Please placed in the official public docket, and information whose disclosure is ensure that your comments are made available in EPA’s electronic restricted by statute, which is not submitted within the specified comment public docket. included in the official public docket, period. Comments received after the iii. Disk or CD ROM. You may submit will not be available for public viewing close of the comment period will be comments on a disk or CD ROM that in EPA’s electronic public docket. EPA’s marked ‘‘late.’’ EPA is not required to you mail to the mailing address policy is that copyrighted material will consider these late comments. If you identified in Unit III.A. These electronic not be placed in EPA’s electronic public wish to submit CBI or information that submissions will be accepted in docket but will be available only in is otherwise protected by statute, please WordPerfect or ASCII file format. Avoid printed, paper form in the official public follow the instructions in Unit III.B. Do the use of special characters and any docket. To the extent feasible, publicly not use EPA Dockets or e-mail to submit form of encryption. available docket materials will be made CBI or information protected by statute. 2. By mail. Send your comments to: available in EPA’s electronic public 1. Electronically. If you submit an Public Information and Records docket. When a document is selected electronic comment as prescribed in this Integrity Branch (PIRIB) (7502C), Office from the index list in EPA Dockets, the unit, EPA recommends that you include of Pesticide Programs (OPP), system will identify whether the your name, mailing address, and an e- Environmental Protection Agency, 1200 document is available for viewing in mail address or other contact Pennsylvania Ave., NW., Washington, EPA’s electronic public docket. information in the body of your DC 20460–0001, Attention: Docket ID Although not all docket materials may comment. Also include this contact Number OPP–2003–0085. be available electronically, you may still information on the outside of any disk 3. By hand delivery or courier. Deliver access any of the publicly available or CD ROM you submit, and in any your comments to: Public Information docket materials through the docket cover letter accompanying the disk or and Records Integrity Branch (PIRIB), facility identified in Unit II.A. EPA CD ROM. This ensures that you can be Office of Pesticide Programs (OPP), intends to work towards providing identified as the submitter of the Environmental Protection Agency, Rm. electronic access to all of the publicly comment and allows EPA to contact you 119, Crystal Mall #2, 1921 Jefferson available docket materials through in case EPA cannot read your comment Davis Hwy., Arlington, VA, Attention: EPA’s electronic public docket. due to technical difficulties or needs Docket ID Number OPP–2003–0085. For public commenters, it is further information on the substance of Such deliveries are only accepted important to note that EPA’s policy is your comment. EPA’s policy is that EPA during the docket’s normal hours of that public comments, whether will not edit your comment, and any operation as identified in Unit II.A. submitted electronically or in paper, identifying or contact information will be made available for public provided in the body of a comment will B. How Should I Submit CBI To the viewing in EPA’s electronic public be included as part of the comment that Agency? docket as EPA receives them and is placed in the official public docket, Do not submit information that you without change, unless the comment and made available in EPA’s electronic consider to be CBI electronically contains copyrighted material, CBI, or public docket. If EPA cannot read your through EPA’s electronic public docket other information whose disclosure is comment due to technical difficulties or by e-mail. You may claim restricted by statute. When EPA and cannot contact you for clarification, information that you submit to EPA as identifies a comment containing EPA may not be able to consider your CBI by marking any part or all of that copyrighted material, EPA will provide comment. information as CBI (if you submit CBI a reference to that material in the i. EPA Dockets. Your use of EPA’s on disk or CD ROM, mark the outside version of the comment that is placed in electronic public docket to submit of the disk or CD ROM as CBI and then EPA’s electronic public docket. The comments to EPA electronically is identify electronically within the disk or entire printed comment, including the EPA’s preferred method for receiving CD ROM the specific information that is

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CBI). Information so marked will not be 3. Enhance the quality, utility, and previously applicable instructions and disclosed except in accordance with clarity of the information to be requirements; train personnel to be able procedures set forth in 40 CFR part 2. collected. to respond to a collection of In addition to one complete version of 4. Minimize the burden of the information; search data sources; the comment that includes any collections of information on those who complete and review the collection of information claimed as CBI, a copy of are to respond, including through the information; and transmit or otherwise the comment that does not contain the use of appropriate automated or disclose the information. electronic collection technologies or information claimed as CBI must be The ICR provides a detailed other forms of information technology, submitted for inclusion in the public explanation of this estimate, which is e.g., permitting electronic submission of docket and EPA’s electronic public only briefly summarized in this notice. responses. docket. If you submit the copy that does The annual public burden for this ICR not contain CBI on disk or CD ROM, IV. What Information Collection is estimated to be 1,858 hours. The mark the outside of the disk or CD ROM Activity or ICR Does this Action Apply following is a summary of the estimates clearly that it does not contain CBI. to? taken from the ICR: Information not marked as CBI will be included in the public docket and EPA’s EPA is seeking comments on the Respondents/affected entities: electronic public docket without prior following ICR: Pesticide registrants. notice. If you have any questions about Title: Product Registration Estimated total number of potential CBI or the procedures for claiming CBI, Maintenance Fees. respondents: 1,977. please consult the person listed under ICR numbers: EPA ICR No. 1214.06, OMB Control No. 2070–0100. Frequency of response: Annual. FOR FURTHER INFORMATION CONTACT. ICR status: This ICR is a renewal of Estimated total/average number of C. What Should I Consider when I an existing ICR that is currently responses for each respondent: 1. Prepare My Comments for EPA? approved by OMB and is due to expire January 31, 2004. Estimated total annual burden hours: You may find the following Abstract: This information collection 1,858. suggestions helpful for preparing your will enable EPA to collect registration Estimated total annual burden costs: comments: maintenance fees from pesticide $188,210.40. 1. Explain your views as clearly as registrants as required by law. Each possible. affected firm is required to complete the VI. Are There Changes in the Estimates 2. Describe any assumptions that you filing form and submit their fee payment from the Last Approval? used. by January 15 of each year. Annually, Total respondent costs associated 3. Provide copies of any technical the Agency provides registrants a list of with this program rose from $177,870.69 information and/or data you used that the registered products currently to $188,210.40. Changes to total costs support your views. registered with the Agency. Registrants associated with this program are due to 4. If you estimate potential burden or are provided the opportunity to review the increase in labor rates, reflecting the costs, explain how you arrived at the the list, determine its accuracy, and pay most current estimates. estimate that you provide. the appropriate maintenance fee. The 5. Provide specific examples to list of products has space identified for VII. What is the Next Step in the illustrate your concerns. marking those products to be supported Process for this ICR? and those products that are to be 6. Offer alternative ways to improve EPA will consider the comments the collection activity. canceled. The registrants are also instructed to identify any products on received and amend the ICR as 7. Make sure to submit your the list which are to be canceled or have appropriate. The final ICR package will comments by the deadline in this been transferred to another company, then be submitted to OMB for review notice. and to add to the list any products and approval pursuant to 5 CFR 8. To ensure proper receipt by EPA, which the company believes to be 1320.12. EPA will issue another Federal be sure to identify the docket ID number registered that are not on the Agency Register notice pursuant to 5 CFR assigned to this action in the subject provided list. The failure to pay the 1320.5(a)(1)(iv) to announce the line on the first page of your response. required fee for a product will result in submission of the ICR to OMB and the You may also provide the name, date, cancellation of that product. opportunity to submit additional and Federal Register citation. comments to OMB. If you have any V. What are EPA’s Burden and Cost questions about this ICR or the approval D. What Information is EPA Particularly Estimates for this ICR? Interested in? process, please contact the person listed Under the PRA, ‘‘burden’’ means the under FOR FURTHER INFORMATION Pursuant to section 3506(c)(2)(A) of total time, effort, or financial resources CONTACT. the PRA, EPA specifically solicits expended by persons to generate, comments and information to enable it maintain, retain, or disclose or provide List of Subjects to: information to or for a Federal Agency. Environmental protection, Reporting 1. Evaluate whether the proposed For this collection it includes the time and recordkeeping requirements. collections of information are necessary needed to review instructions; develop, for the proper performance of the acquire, install, and utilize technology Dated: March 25, 2003. functions of the Agency, including and systems for the purposes of Susan B. Hazen, whether the information will have collecting, validating, and verifying practical utility. information, processing and Acting Assistant Administrator for Prevention, Pesticides and Toxic Substances. 2. Evaluate the accuracy of the maintaining information, and disclosing Agency’s estimates of the burdens of the and providing information; adjust the [FR Doc. 03–7976 Filed 4–1–03; 8:45 am] proposed collections of information. existing ways to comply with any BILLING CODE 6560–50–S

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ENVIRONMENTAL PROTECTION health, animal welfare, or other excluding legal holidays. The EPA AGENCY members of the general public. Since Docket Center Reading Room telephone various individuals or groups may be number is (202) 566–1744 and the [OPPT–2002–0001; FRL–7298–5] interested, the Agency has not telephone number for the OPPT Docket, Request for Nominations to the attempted to describe all the specific which is located in EPA Docket Center, National Pollution Prevention and entities that may be affected by this is (202) 566–0280. Toxics Advisory Committee (NPPTAC) action. If you have any questions 3. By mail. You may obtain copies of regarding this action, please consult the this document and other related AGENCY: Environmental Protection contact the technical person listed documents from the technical contact Agency (EPA). under FOR FURTHER INFORMATION person listed under FOR FURTHER ACTION: Request for nominations. CONTACT. INFORMATION CONTACT.

SUMMARY: EPA is inviting nominations B. How Can I Get Additional C. How Can I Nominate Potential of qualified candidates to consider for Information, Including Copies of this Members to this Committee? appointment to the National Pollution Document or Other Related Documents? You may nominate qualified persons Prevention and Toxics Advisory 1. Electronically. You may access this for membership to this Committee Committee (NPPTAC or Committee). Federal Register document electronically, by mail, or in person. The purpose of NPPTAC will be to electronically through the EPA Internet Nominations for membership should be provide advice and recommendations to under the ‘‘Federal Register’’ listings at submitted by the nominating EPA regarding the overall policy and http://www.epa.gov/fedrgstr/. organization, and must include a operations of the programs of the Office Information about the Office of curriculum vitae of the nominee of Pollution Prevention and Toxics Pollution Prevention and Toxic detailing his or her specific area of (OPPT). Substances (OPPTS), and OPPTS related relevant expertise, as described below in programs is available from http:// Unit I.D., and a designation of the type DATES: Nominations will be accepted www.epa.gov/opptintr/. until 5 p.m. on May 2, 2003. of organization the candidate represents EPA has established an official public according to Unit II.C. ADDRESSES: Nominations may be docket for the NPPTAC under docket To protect personal information from submitted electronically, by mail, or identification (ID) number OPPT–2002– disclosure to the public do not submit through hand delivery/courier. Follow 0001. The official public docket consists nominations materials to the NPPTAC the detailed instructions as provided in of the documents related to the Docket or through any online electronic Unit I.C. of the SUPPLEMENTARY activities of the committee and any commenting system. Submit your INFORMATION. To protect personal public comments received. Although a nomination, marked ‘‘Attention information from disclosure to the part of the official docket, the public NPPTAC Nominations’’ by one of these public do not submit nominations docket does not include Confidential methods: materials to the NPPTAC Docket or Business Information (CBI) or other 1. Electronically: through any online electronic information whose disclosure is [email protected]. commenting system. restricted by statute. To protect personal 2. By mail: Environmental Protection FOR FURTHER INFORMATION CONTACT: For information from disclosure to the Agency, Confidental Business general information contact: Barbara public do not submit nominations Information (CBIC), Mail Code 7407M, Cunningham, Acting Director, materials in response to this Notice to 1200 Pennsylvania Ave, NW., Environmental Assistance Division the docket or through any online Washington DC, 20460. (7404M), Office of Pollution Prevention electronic commenting system. Instead, 3. By courier: Environmental and Toxics, Environmental Protection follow the instructions listed under Unit Protection Agency, Confidential Agency, 1200 Pennsylvania Ave., NW., I.C. Business Information Center (CBIC), Washington, DC 20460; telephone An electronic version of the public EPA East Building, Room 6428, 1201 number: (202) 564–1404; e-mail address: docket is available through EPA’s Constitution Ave., Washington, DC [email protected]. electronic public docket and comment 20004–3302, contact phone numbers: For technical information contact: system, EPA Dockets. You may use EPA 202–564–8930 and 202–564–8940. The Mary Hanley, Designated Federal Dockets at http://www.epa.gov/edocket/ room at which submissions are accepted Official, Environmental Assistance to access the index listing of the is only open until 4 p.m. If a courier Division (7401M), Office of Pollution contents of the official public docket, service comes after that time the service Prevention and Toxics, Environmental and to access those documents in the will be turned away. Non-uniformed Protection Agency, 1200 Pennsylvania public docket that are available (bicycle, etc.) couriers will be met at the Ave., NW., Washington, DC 20460; electronically. Although not all docket 1201 Constitution Ave. entrance by telephone (202) 564–9891, fax (202) materials may be available CBIC personnel. Uniformed couriers are 564–0575; e-mail address: electronically, you may still access any admitted to deliver directly to the CBIC. [email protected]. of the publicly available docket materials through the docket facility D. What Should I Consider When SUPPLEMENTARY INFORMATION: identified in Unit I.B.1. Once in the Making Nominations? I. General Information system, select ‘‘search,’’ then key in the Potential candidates should have appropriate docket ID number. demonstrated leadership experience A. Does this Action Apply to Me? 2. In person. The official public with environmental or public health This action is directed to the public docket is the collection of materials that policy, or issues, or research associated in general. This action may, however, be is available for public viewing at the with chemicals, pollution prevention, of particular interest to those persons EPA Docket Center, Rm. B102-Reading human health, or the environment in who have an interest in or may be Room, EPA West, 1301 Constitution State, national or international arenas. required to manage pollution prevention Ave., NW., Washington, DC. The EPA Types of expertise might include: and toxics programs, or individuals or Docket Center is open from 8:30 a.m. to • Chemistry groups concerned with children’s 4:30 p.m., Monday through Friday, • Pollution prevention

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• Toxicology While there are both formal and including OPPT programs such as the • Ecology informal mechanisms in place to Persistent Bioaccumulative and Toxic • Environmental science involve the public in OPPT decision- Initiative (PBTI), Green Chemistry, and • Risk assessment making activities, NPPTAC will bring the Design for the Environment (DfE) • Risk communication together a broad cross-section of Program. • Risk management knowledgeable individuals from 4. Coordination. EPA’s framework for • Public health organizations representing diverse integrating its TSCA and pollution • Environmental policy views to discuss regulatory, policy, and prevention programs with other EPA • Environmental justice implementation issues. Dialogue with and other Federal, State, Tribal, and • Socio-economic analysis outside groups is essential if OPPT is to local government programs, and • Public health policy be responsive to the needs of the coordinating with non-governmental • Animal welfare affected public; non-governmental organizations, such as public health Candidates with interdisciplinary organizations; industry organizations; organizations, environmental justice training or experience are strongly and State, Tribal, and local organizations, children’s advocates, encouraged to apply. governments. animal welfare groups, industry, In addition, Committee candidates B. Committee Purpose environmental organizations, and should be willing to: international groups, to ensure full • Commit to attend three meetings NPPTAC is being established under input into the decision-making. per year for 2 years, most of them in the Federal Advisory Committee Act 5. Other issues as identified by EPA Washington, DC. (FACA), 5 U.S.C. App. 2 (Public Law related to policies and the • Constructively assess OPPT 92–463), and copies of the Committee implementation of related programs programs and work collaboratively with Charter have been filed with the within OPPT. The Committee’s activities fellow committee members to help appropriate committees of Congress and will include efforts to provide advice on the Library of Congress. NPPTAC will OPPT be responsive to the needs of the regulatory and non-regulatory provide advice and recommendations to affected public, non-governmental approaches, develop options and, where the Agency regarding the overall policy organizations, industry organizations, appropriate, more clearly define critical and operations of OPPT programs. and State, Tribal, and local policy and technical issues. governments. NPPTAC shall hold meetings, analyze • Serve also on a subcommittee or issues, conduct reviews, produce C. Composition and Organization working group, as needed. reports, make necessary 1. Membership. The Committee will recommendations, and undertake other Also, nominees not selected for the be composed of approximately 15 activities necessary to meet its Committee may be considered for members. EPA will have a balanced responsibilities. The objectives of this membership on subcommittees or representation of members in terms of Committee are to provide advice and working groups. the points of view represented and the recommendations to EPA in areas such When making your nomination, scope of activities of NPPTAC. An EPA as: please classify the candidate with employee will act as the Designated respect to the types of organizations 1. Risk assessment/management. Policies for implementation of Federal Official (DFO) who will be represented in Unit II.C. and identify responsible for providing the necessary the types of experience of the candidate regulatory and voluntary programs that are intended to identify, reduce, or staffing, operations, and support for the according to the list above, including eliminate potentially unreasonable Committee. interdisciplinary training or experience. risks. This may include such issues as The Agency is seeking qualified II. Background gathering information and data relevant senior-level decision-makers from to the assessment of risks, including diverse sectors throughout the United A. Introduction hazard and exposure information States to be considered for membership EPA’s OPPT is entrusted with the related to a particular chemical on the Committee. The Agency is responsibility of ensuring that substance, as well as methods for seeking representation from among the chemicals made available for sale and evaluating, managing, and reducing type of organizations listed below. use in the United States do not pose any potential risks. This would include Please indicate in your submittal the unreasonable risks to human health or policies for implementation of OPPT sector with which your nomination is to the environment. In addition, OPPT programs such as the High Production most closely associated: • promotes pollution prevention as the Volume (HPV) Challenge Program, the State and local government agency. • national policy for controlling industrial Voluntary Children’s Health Testing Federally recognized Tribe. • pollution at its source. Chemical Evaluation Program (VCCEP), Public health or environmental OPPT focuses on the following four and the Chemical Right-to-Know professional. components: Promoting pollution (ChemRTK) Initiative, as well as the • Chemical manufacturer and/or prevention as the guiding principle for establishment of policies to guide user. controlling industrial pollution; national program chemicals risk • Non-governmental organization, promoting safer chemicals through a management activities for chemicals such as environmental group, combination of regulatory and voluntary such as asbestos, lead, polychlorinated environmental justice organization, efforts; promoting risk reduction to biphenyls, PFOS, and mercury. children’s advocate, and animal welfare minimize exposure to existing 2. Risk communication. Means to organization. substances such as lead, asbestos, promote the public’s right to know • Other non-governmental entity, as mercury, perfluorooctyl sulfonate about chemicals in their communities, deemed appropriate. (PFOS), and promoting public including risk communication and Establishing a balance and diversity of understanding of risks by providing access to Agency information systems. experience, knowledge, and judgement understandable, accessible, and 3. Pollution prevention. Policies to in membership is an important complete information on chemical risks guide the chemical pollution prevention consideration in the selection of to the broadest audience possible. priorities and multimedia activities, members.

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In addition, the Committee will have ADDRESSES: Comments may be facility is open from 8:30 a.m. to 4 p.m., up to approximately 15 technical submitted electronically, by mail, or Monday through Friday, excluding legal advisors who will be Federal employees through hand delivery/courier. Follow holidays. The docket telephone number or national experts that will provide the detailed instructions as provided in is (703) 305–5805. technical advice to the Committee. Unit I. of the SUPPLEMENTARY 2. Electronic access. You may access Technical advisors for the Committee INFORMATION. this Federal Register document may include representatives from the FOR FURTHER INFORMATION CONTACT: electronically through the EPA Internet Occupational Safety and Health Adam Heyward, Product Manager 34, under the ‘‘Federal Register’’ listings at Administration (OSHA), Consumer Antimicrobials Division (7510C), Office http://www.epa.gov/fedrgstr/. Product Safety Commission (CPSC), and of Pesticide Programs, Environmental An electronic version of the public such additional officials of the U.S. Protection Agency, 1200 Pennsylvania docket is available through EPA’s Government who might be necessary for Ave., NW., Washington, DC 20460– electronic public docket and comment the Committee to carry out its functions. 0001; telephone number: (703) 308– system, EPA Dockets. You may use EPA 2. Subcommittees and workgroups. 6422; e-mail address: Dockets at http://www.epa.gov/edocket/ Subcommittees and workgroups may be [email protected]. to submit or view public comments, established on an as-needed basis SUPPLEMENTARY INFORMATION: access the index listing of the contents consisting of Committee members, or of the official public docket, and to supplemented with individuals I. General Information access those documents in the public qualified in the area of the A. Does this Action Apply to Me? docket that are available electronically. subcommittee or workgroup. Once in the system, select ‘‘search,’’ 3. Meetings and public involvement. You may be potentially affected by then key in the appropriate docket ID All Committee meetings will be called, this action if you are an agricultural number. announced, and held in accordance producer, food manufacturer, or Certain types of information will not with FACA requirements, including pesticide manufacturer. Potentially be placed in the EPA Dockets. public notice of meetings in the Federal affected entities may include, but are Information claimed as CBI and other Register, open meetings, and an not limited to: • information whose disclosure is opportunity for interested persons to file Crop production (NAICS 111) restricted by statute, which is not • Animal production (NAICS 112) comments before or after meetings, or to • included in the official public docket, make statements during the public Food manufacturing (NAICS 311) • Pesticide manufacturing (NAICS will not be available for public viewing meetings to the extent time permits. 32532) in EPA’s electronic public docket. EPA’s List of Subjects This listing is not intended to be policy is that copyrighted material will not be placed in EPA’s electronic public Environmental protection, Chemicals, exhaustive, but rather provides a guide for readers regarding entities likely to be docket but will be available only in Chemical health and safety, Pollution printed, paper form in the official public prevention, National Pollution affected by this action. Other types of entities not listed in this unit could also docket. To the extent feasible, publicly Prevention and Toxics Advisory available docket materials will be made Committee. be affected. The North American Industrial Classification System available in EPA’s electronic public Dated: March 25, 2003. (NAICS) codes have been provided to docket. When a document is selected Susan B. Hazen, assist you and others in determining from the index list in EPA Dockets, the Assistant Administrator, Office of Prevention, whether this action might apply to system will identify whether the Pesticides and Toxic Substances. certain entities. If you have any document is available for viewing in [FR Doc. 03–7978 Filed 4–1–03; 8:45 am] questions regarding the applicability of EPA’s electronic public docket. BILLING CODE 6560–50–S this action to a particular entity, consult Although not all docket materials may the person listed under FOR FURTHER be available electronically, you may still INFORMATION CONTACT. access any of the publicly available ENVIRONMENTAL PROTECTION docket materials through the docket AGENCY B. How Can I Get Copies of this facility identified in Unit I.B.1. EPA Document and Other Related intends to work towards providing [OPP–2003–0089; FRL–7297–5] Information? electronic access to all of the publicly Pesticide Products; Registration 1. Docket. EPA has established an available docket materials through Applications official public docket for this action EPA’s electronic public docket. under docket identification (ID) number For public commenters, it is AGENCY: Environmental Protection OPP–2003–0089. The official public important to note that EPA’s policy is Agency (EPA). docket consists of the documents that public comments, whether ACTION: Notice. specifically referenced in this action, submitted electronically or in paper, any public comments received, and will be made available for public SUMMARY: This notice announces receipt other information related to this action. viewing in EPA’s electronic public of applications to register pesticide Although a part of the official docket, docket as EPA receives them and products containing new active the public docket does not include without change, unless the comment ingredients not included in any Confidential Business Information (CBI) contains copyrighted material, CBI, or previously registered products pursuant or other information whose disclosure is other information whose disclosure is to the provisions of section 3(c)(4) of the restricted by statute. The official public restricted by statute. When EPA Federal Insecticide, Fungicide, and docket is the collection of materials that identifies a comment containing Rodenticide Act (FIFRA), as amended. is available for public viewing at the copyrighted material, EPA will provide DATES: Written comments, identified by Public Information and Records a reference to that material in the the docket ID number OPP–2003–0089, Integrity Branch (PIRIB), Rm. 119, version of the comment that is placed in must be received on or before May 2, Crystal Mall #2, 1921 Jefferson Davis EPA’s electronic public docket. The 2003. Hwy., Arlington, VA. This docket entire printed comment, including the

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copyrighted material, will be available follow the online instructions for disclosed except in accordance with in the public docket. submitting comments. Once in the procedures set forth in 40 CFR part 2. Public comments submitted on system, select ‘‘search,’’ and then key in In addition to one complete version of computer disks that are mailed or docket ID number OPP–2003–0089. The the comment that includes any delivered to the docket will be system is an‘‘anonymous access’’ information claimed as CBI, a copy of transferred to EPA’s electronic public system, which means EPA will not the comment that does not contain the docket. Public comments that are know your identity, e-mail address, or information claimed as CBI must be mailed or delivered to the Docket will other contact information unless you submitted for inclusion in the public be scanned and placed in EPA’s provide it in the body of your comment. docket and EPA’s electronic public electronic public docket. Where ii. E-mail. Comments may be sent by docket. If you submit the copy that does practical, physical objects will be e-mail to [email protected], not contain CBI on disk or CD ROM, photographed, and the photograph will Attention: Docket ID Number OPP– mark the outside of the disk or CD ROM be placed in EPA’s electronic public 2003–0089. In contrast to EPA’s clearly that it does not contain CBI. docket along with a brief description electronic public docket, EPA’s e-mail Information not marked as CBI will be written by the docket staff. system is not an ‘‘anonymous access’’ included in the public docket and EPA’s system. If you send an e-mail comment C. How and To Whom Do I Submit electronic public docket without prior directly to the docket without going Comments? notice. If you have any questions about through EPA’s electronic public docket, CBI or the procedures for claiming CBI, You may submit comments EPA’s e-mail system automatically please consult the person listed under electronically, by mail, or through hand captures your e-mail address. E-mail FOR FURTHER INFORMATION CONTACT. delivery/courier. To ensure proper addresses that are automatically receipt by EPA, identify the appropriate captured by EPA’s e-mail system are E. What Should I Consider as I Prepare docket ID number in the subject line on included as part of the comment that is My Comments for EPA? the first page of your comment. Please placed in the official public docket, and You may find the following ensure that your comments are made available in EPA’s electronic suggestions helpful for preparing your submitted within the specified comment public docket. comments: period. Comments received after the iii. Disk or CD ROM. You may submit 1. Explain your views as clearly as close of the comment period will be comments on a disk or CD ROM that possible. marked ‘‘late.’’ EPA is not required to you mail to the mailing address 2. Describe any assumptions that you consider these late comments. If you identified in Unit I.C.2. These electronic used. wish to submit CBI or information that submissions will be accepted in 3. Provide copies of any technical is otherwise protected by statute, please WordPerfect or ASCII file format. Avoid information and/or data you used that follow the instructions in Unit I.D. Do the use of special characters and any support your views. not use EPA Dockets or e-mail to submit form of encryption. 4. If you estimate potential burden or CBI or information protected by statute. 2. By mail. Send your comments to: costs, explain how you arrived at the 1. Electronically. If you submit an Public Information and Records estimate that you provide. electronic comment as prescribed in this Integrity Branch (PIRIB), Office of 5. Provide specific examples to unit, EPA recommends that you include Pesticide Programs (OPP), illustrate your concerns. your name, mailing address, and an e- Environmental Protection Agency 6. Offer alternative ways to improve mail address or other contact (7502C), 1200 Pennsylvania Ave., NW., the registration activity. information in the body of your Washington, DC, 20460–0001, 7. Make sure to submit your comment. Also include this contact Attention: Docket ID Number OPP– comments by the deadline in this information on the outside of any disk 2003–0089. notice. or CD ROM you submit, and in any 3. By hand delivery or courier. Deliver 8. To ensure proper receipt by EPA, cover letter accompanying the disk or your comments to: Public Information be sure to identify the docket ID number CD ROM. This ensures that you can be and Records Integrity Branch (PIRIB), assigned to this action in the subject identified as the submitter of the Office of Pesticide Programs (OPP), line on the first page of your response. comment and allows EPA to contact you Environmental Protection Agency, Rm. You may also provide the name, date, in case EPA cannot read your comment 119, Crystal Mall #2, 1921 Jefferson and Federal Register citation. due to technical difficulties or needs Davis Hwy., Arlington, VA., Attention: further information on the substance of Docket ID Number OPP–2003–0089. II. Registration Applications your comment. EPA’s policy is that EPA Such deliveries are only accepted EPA received applications as follows will not edit your comment, and any during the docket’s normal hours of to register pesticide products containing identifying or contact information operation as identified in Unit I.B.1. active ingredients not included in any provided in the body of a comment will previously registered products pursuant D. How Should I Submit CBI To the be included as part of the comment that to the provision of section 3(c)(4) of Agency? is placed in the official public docket, FIFRA. Notice of receipt of these and made available in EPA’s electronic Do not submit information that you applications does not imply a decision public docket. If EPA cannot read your consider to be CBI electronically by the Agency on the applications. comment due to technical difficulties through EPA’s electronic public docket and cannot contact you for clarification, or by e-mail. You may claim Products Containing Active Ingredients EPA may not be able to consider your information that you submit to EPA as not Included in any Previously comment. CBI by marking any part or all of that Registered Products i. EPA Dockets. Your use of EPA’s information as CBI (if you submit CBI 1. File Symbol: 7969–ENG. Applicant: electronic public docket to submit on disk or CD ROM, mark the outside BASF Corporation, P.O. Box 13528, 26 comments to EPA electronically is of the disk or CD ROM as CBI and then Davis Drive, Research Triangle Park NC EPA’s preferred method for receiving identify electronically within the disk or 27709–3528. Product Name: comments. Go directly to EPA Dockets CD ROM the specific information that is Fenpropimorph. Manufacture Use at http://www.epa.gov/edocket, and CBI). Information so marked will not be Product. Active ingredient:

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Fenpropimorph: cis-4-(3-(4- ADDRESSES: Comments may be under the ‘‘Federal Register’’ listings at (1,1dimethylethyl)phenyl-2- submitted electronically, by mail, or http://www.epa.gov/fedrgstr/. methylpropyl)-2,6-dimethylmorpholine through hand delivery/courier. Follow An electronic version of the public at 96.00%.Proposed classification/Use: the detailed instructions as provided in docket is available through EPA’s None. For manufacturing use only in Unit I. of the SUPPLEMENTARY electronic public docket and comment formulating end-use wood preservative INFORMATION. system, EPA Dockets. You may use EPA products. Dockets at http://www.epa.gov/edocket/ FOR FURTHER INFORMATION CONTACT: 2. File Symbol: 71406–U. Applicant: to submit or view public comments, Anthony Britten, Special Review and BASF Corp. Product Name: WOLSIN access the index listing of the contents Reregistration Division (7508C), Office FL-35. Active ingredient: of the official public docket, and to of Pesticide Programs, Environmental Fenpropimorph: cis-4-(3-(4- access those documents in the public Protection Agency, 1200 Pennsylvania (1,1dimethylethyl)phenyl-2- docket that are available electronically. Ave., NW., Washington, DC 20460– methylpropyl)-2,6-dimethylmorpholine Once in the system, select ‘‘search,’’ 0001; telephone number: (703) 308– at 5.4%. Proposed classification/Use: then key in the appropriate docket ID 8179; e-mail address: None. A wood preservative for control number. [email protected]. of sapstain, mold, and decay of freshly Certain types of information will not cut lumber and wood products during SUPPLEMENTARY INFORMATION: be placed in the EPA Dockets. Information claimed as CBI and other storage and transit. I. General Information 3. File Symbol: 1624–REI. Applicant: information whose disclosure is U.S. Borax, Inc., 26877 Tourney Road, A. Does this Action Apply to Me? restricted by statute, which is not included in the official public docket, Valencia, CA 91355–1847. Product This action is directed to the public Name: XPI-255. Active ingredient: will not be available for public viewing in general, nevertheless, a wide range of in EPA’s electronic public docket. EPA’s Calcium hexaborate tetrahydrate at stakeholders will be interested in 100%. Proposed classification/Use: policy is that copyrighted material will obtaining the revised risk assessments not be placed in EPA’s electronic public None. For use as a biocide fungicide/ and submitting risk management preservative additive in the docket, but will be available only in comments on carbaryl, including printed, paper form in the official public manufacturing of wood composite environmental, human health, and products. docket. To the extent feasible, publicly agricultural advocates; the chemical available docket materials will be made List of Subjects industry; pesticide users; and members available in EPA’s electronic public of the public interested in the use of Environmental protection, Pesticides docket. When a document is selected pesticides on food. As such, the Agency and pest. from the index list in EPA Dockets, the has not attempted to specifically system will identify whether the Dated: March 14, 2003. describe all the entities potentially document is available for viewing in Frank Sanders, affected by this action. If you have any EPA’s electronic public docket. Director, Antimicrobials Division, Office of questions regarding the applicability of Although not all docket materials may Pesticide Programs. this action to a particular entity, consult be available electronically, you may still [FR Doc. 03–7802 Filed 4–1–03; 8:45 am] the person listed under FOR FURTHER access any of the publicly available INFORMATION CONTACT BILLING CODE 6560–50–S . docket materials through the docket B. How Can I Get Copies of this facility identified in Unit I.B.1. EPA Document and Other Related intends to work towards providing ENVIRONMENTAL PROTECTION Information? electronic access to all of the publicly AGENCY available docket materials through 1. Docket. EPA has established an [OPP–2003–0101; FRL–7299–5] EPA’s electronic public docket. official public docket for this action For public commenters, it is under docket identification (ID) number Carbaryl; Availability of Revised Risk important to note that EPA’s policy is OPP–2003–0101. The official public Assessments that public comments, whether docket consists of the documents submitted electronically or in paper, AGENCY: Environmental Protection specifically referenced in this action, will be made available for public Agency (EPA). any public comments received, and viewing in EPA’s electronic public ACTION: Notice. other information related to this action. docket as EPA receives them and Although a part of the official docket, without change, unless the comment SUMMARY: This notice announces the the public docket does not include contains copyrighted material, CBI, or availability of the revised risk Confidential Business Information (CBI) other information whose disclosure is assessments and related documents for or other information whose disclosure is restricted by statute. When EPA the carbamate pesticide, carbaryl. In restricted by statute. The official public identifies a comment containing addition, this notice starts a 60–day docket is the collection of materials that copyrighted material, EPA will provide public participation period during is available for public viewing at the a reference to that material in the which the public is encouraged to Public Information and Records version of the comment that is placed in submit risk management ideas or Integrity Branch (PIRIB), Rm. 119, EPA’s electronic public docket. The proposals. These actions are in response Crystal Mall #2, 1921 Jefferson Davis entire printed comment, including the to a joint initiative between EPA and the Hwy., Arlington, VA. This docket copyrighted material, will be available U.S. Department of Agriculture (USDA) facility is open from 8:30 a.m. to 4 p.m., in the public docket. to increase transparency in the tolerance Monday through Friday, excluding legal Public comments submitted on reassessment process for pesticides. holidays. The docket telephone number computer disks that are mailed or DATES: Comments, identified by docket is (703) 305–5805. delivered to the docket will be ID number OPP–2003–0101, must be 2. Electronic access. You may access transferred to EPA’s electronic public received by EPA on or before June 2, this Federal Register document docket. Public comments that are 2003. electronically through the EPA Internet mailed or delivered to the Docket will

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be scanned and placed in EPA’s other contact information unless you notice. If you have any questions about electronic public docket. Where provide it in the body of your comment. CBI or the procedures for claiming CBI, practical, physical objects will be ii. E-mail. Comments may be sent by please consult the person listed under photographed, and the photograph will e-mail to [email protected], FOR FURTHER INFORMATION CONTACT. be placed in EPA’s electronic public Attention: Docket ID Number OPP– E. What Should I Consider as I Prepare docket along with a brief description 2003–0101. In contrast to EPA’s My Comments for EPA? written by the docket staff. electronic public docket, EPA’s e-mail system is not an ‘‘anonymous access’’ You may find the following C. How and to Whom Do I Submit system. If you send an e-mail comment suggestions helpful for preparing your Comments? directly to the docket without going comments: You may submit comments through EPA’s electronic public docket, 1. Explain your views as clearly as electronically, by mail, or through hand EPA’s e-mail system automatically possible. delivery/courier. To ensure proper captures your e-mail address. E-mail 2. Describe any assumptions that you receipt by EPA, identify the appropriate addresses that are automatically used. docket ID number in the subject line on captured by EPA’s e-mail system are 3. Provide copies of any technical the first page of your comment. Please included as part of the comment that is information and/or data you used that ensure that your comments are placed in the official public docket, and support your views. submitted within the specified comment made available in EPA’s electronic 4. If you estimate potential burden or period. Comments received after the public docket. costs, explain how you arrived at the close of the comment period will be iii. Disk or CD ROM. You may submit estimate that you provide. marked ‘‘late.’’ EPA is not required to comments on a disk or CD ROM that 5. Provide specific examples to consider these late comments. If you you mail to the following mailing illustrate your concerns. wish to submit CBI or information that address identified in Unit I.C.2. These 6. Offer alternative ways to improve is otherwise protected by statute, please electronic submissions will be accepted the notice or collection activity. follow the instructions in Unit I.D. Do in WordPerfect or ASCII file format. 7. Make sure to submit your not use EPA Dockets or e-mail to submit Avoid the use of special characters and comments by the deadline in this CBI or information protected by statute. any form of encryption. document. 2. By mail. Send your comments to: 1. Electronically. If you submit an 8. To ensure proper receipt by EPA, Public Information and Records be sure to identify the docket ID number electronic comment as prescribed in this Integrity Branch (PIRIB) (7502C), Office unit, EPA recommends that you include assigned to this action in the subject of Pesticide Programs (OPP), line on the first page of your response. your name, mailing address, and an e- Environmental Protection Agency, 1200 mail address or other contact You may also provide the name, date, Pennsylvania Ave., NW., Washington, and Federal Register citation. information in the body of your DC 20460–0001, Attention: Docket ID comment. Also include this contact Number OPP–2003–0101. II. Background information on the outside of any disk 3. By hand delivery or courier. Deliver or CD ROM you submit, and in any A. What Action is EPA Taking in this your comments to: Public Information Notice? cover letter accompanying the disk or and Records Integrity Branch (PIRIB), CD ROM. This ensures that you can be Office of Pesticide Programs (OPP), EPA is making available for public identified as the submitter of the Environmental Protection Agency, Rm. viewing the revised risk assessments comment and allows EPA to contact you 119, Crystal Mall #2, 1921 Jefferson and related documents for the in case EPA cannot read your comment Davis Hwy., Arlington, VA, Attention: carbamate chemical, carbaryl. These due to technical difficulties or needs Docket ID Number OPP–2003–0101. documents have been developed as part further information on the substance of Such deliveries are only accepted of the public participation process that your comment. EPA’s policy is that EPA during the docket’s normal hours of EPA and USDA are now using for will not edit your comment, and any operation as identified in Unit I.B.1. involving the public in the reassessment identifying or contact information of pesticide tolerances under the Food provided in the body of a comment will D. How Should I Handle CBI Quality Protection Act (FQPA), and the be included as part of the comment that Information that I Want to Submit to the reregistration of individual pesticides is placed in the official public docket, Agency? under the Federal Insecticide, and made available in EPA’s electronic Do not submit any information Fungicide, and Rodenticide Act public docket. If EPA cannot read your electronically that you consider to be (FIFRA). A goal of the public comment due to technical difficulties CBI. You may claim information that participation process is to find a more and cannot contact you for clarification, you submit to EPA in response to this effective way for the public to EPA may not be able to consider your document as CBI by marking any part or participate at critical junctures in the comment. all of that information as CBI. Agency’s development of assessments i. EPA Dockets. Your use of EPA’s Information so marked will not be and risk management decisions. EPA electronic public docket to submit disclosed, except in accordance with and USDA began implementing this comments to EPA electronically is procedures set forth in 40 CFR part 2. process in August 1998, to increase EPA’s preferred method for receiving In addition to one complete version of transparency and opportunities for comments. Go directly to EPA Dockets the comment that includes any stakeholder consultation. The at http://www.epa.gov/edocket, and information claimed as CBI, a copy of documents being released to the public follow the online instructions for the comment that does not contain the through this notice provide information submitting comments. Once in the information claimed as CBI must be on the revisions that were made to the system, select ‘‘search,’’ and then key in submitted for inclusion in the public carbaryl preliminary risk assessments, docket ID number OPP–2003–0101. The version of the official record. which were released to the public system is an ‘‘anonymous access’’ Information not marked confidential August 28, 2002 (67 FR 55233) (FRL– system, which means EPA will not will be included in the public version 7194–2), through a notice in the Federal know your identity, e-mail address, or of the official record without prior Register.

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In addition, this notice starts a 60–day assessment for carbaryl now to allow health and environmental fate and public participation period during time for public comment before June 30, effects risk assessments and related which the public is encouraged to 2003, which is the court-ordered documents for diuron. In addition, EPA submit risk management proposals or deadline for EPA to make a is announcing the availability of the otherwise comment on risk management reregistration eligibility decision for tolerance reassessment decision for for carbaryl. The Agency is providing an carbaryl. Also, to allow as much time as diuron. This notice also starts a 60–day opportunity, through this notice, for possible for the public to comment on public comment period for the risk interested parties to provide written risk the registrant’s submission, EPA has assessments and tolerance reassessment management proposals or ideas to the placed it in the official public docket for decision documents. By allowing access Agency on carbaryl. Such comments carbaryl and briefly discussed it in and opportunity for comment on the and proposals could address ideas about EPA’s revised human health risk risk assessments and tolerance how to manage dietary, residential, assessment. reassessment documents, EPA is seeking occupational, or ecological risks on Depending on the results of the to strengthen stakeholder involvement specific carbaryl use sites or crops Agency’s full review of the registrant’s and help ensure decisions made under across the U.S. or in a particular submission and comments received FQPA are transparent and based on the geographic region of the country. To from the public, EPA might further best available information. address dietary risk, for example, amend, at some future time, its revised DATES: Comments, identified by the commenters may choose to discuss the human health risk assessment for docket ID number OPP–2002–0249, feasibility of lower application rates, carbaryl, particularly aggregate risks must be received on or before June 2, increasing the time interval between from food, drinking water, and 2003. application and harvest (‘‘pre-harvest residential exposures. Bayer’s current intervals’’) modifications in use, or ADDRESSES: Comments may be submission does not include a dietary submitted electronically, by mail, or suggest alternative measures to reduce drinking water component in its residues contributing to dietary through hand delivery/courier. Follow aggregate assessment of carbaryl’s the detailed instructions as provided in exposure. For residential risk, human health risks, but the registrant Unit I. of the SUPPLEMENTARY commenters may suggest lowering has informed the Agency that this INFORMATION. application rates, modification in use, or information will be submitted shortly, other measures to reduce exposures to and EPA will also endeavor to make this FOR FURTHER INFORMATION CONTACT: homeowners. For occupational risks, information publically available as Diane Isbell, Special Review and commenters may suggest personal quickly as possible. However, because Reregistration Division (7508C), Office protective equipment or technologies to this information will not be received of Pesticide Programs, Environmental reduce exposure to workers and until later. EPA does not believe it will Protection Agency, 1200 Pennsylvania pesticide handlers. For ecological risks, be able to provide an analysis of this Ave., NW., Washington, DC 20460– commenters may suggest ways to reduce information during the comment period. 0001; telephone number (703) 308– environmental exposure, for example, 8154; e-mail address: exposure to birds, fish, mammals, and List of Subjects [email protected]. other non-target organisms. All Environmental protection, Chemicals, SUPPLEMENTARY INFORMATION: comments and proposals must be Pesticides and pests. received by EPA on or before June 2, I. General Information 2003 at the addresses given under Unit Dated: March 26, 2003. A. Does this Action Apply to Me? I. Comments and proposals will become Lois Ann Rossi, part of the Agency record for carbaryl. Director, Special Review and Reregistration This action is directed to the public On February 24, 2003, EPA received Division, Office of Pesticide Programs. in general, nevertheless, a wide range of from Bayer CropScience, the technical [FR Doc. 03–7982 Filed 4–1–03; 8:45 am] stakeholders will be interested in registrant for carbaryl, a submission BILLING CODE 6560–50–S obtaining the risk assessments for titled ‘‘Evaluation of Potential Aggregate diuron, including environmental, Human Health Risks Associated with human health, and agricultural Agricultural and Consumer Uses of ENVIRONMENTAL PROTECTION advocates; the chemical industry; Carbaryl.’’ In this submission, Bayer AGENCY pesticide users; and members of the public interested in the use of pesticides estimates the potential aggregate human [OPP–2002–0249; FRL–7296–8] health risks associated with dietary on food. Since other entities also may be (food) and residential exposures to Diuron; Availability of Risk interested, the Agency has not carbaryl. Bayer conducted the analysis Assessments; Tolerance attempted to describe all the specific using the Cumulative and Aggregate Reassessment Decision entities that may be affected by this Risk Evaluation System (CARES), action. If you have any questions version 1.3., which is a software model AGENCY: Environmental Protection regarding the applicability of this action that provides a probabilistic assessment Agency (EPA). to a particular entity, consult the person of human health risks. The software has ACTION: Notice. listed under FOR FURTHER INFORMATION been reviewed by the FIFRA Science CONTACT. Advisory Panel (SAP), and was found to SUMMARY: This notice announces the be an acceptable model for assessing availability of risk assessments that B. How Can I Get Copies of this aggregate risks. EPA is currently were developed as part of EPA’s process Document and Other Related reviewing the carbaryl-specific CARES for making pesticide Reregistration Information? assessment submitted by the registrant. Eligibility Decisions (REDs) and 1. Docket. EPA has established an EPA did not receive this submission tolerance reassessments consistent with official public docket for this action in time to completely or the Federal Food, Drug, and Cosmetic under docket identification (ID) number comprehensively review it prior to Act (FFDCA), as amended by the Food OPP–2002–0249. The official public publishing this notice, but is releasing Quality Protection Act (FQPA) of 1996. docket consists of the documents the Agency’s revised human health risk These risk assessments are the human specifically referenced in this action,

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any public comments received, and viewing in EPA’s electronic public be included as part of the comment that other information related to this action. docket as EPA receives them and is placed in the official public docket, Although a part of the official docket, without change, unless the comment and made available in EPA’s electronic the public docket does not include contains copyrighted material, CBI, or public docket. If EPA cannot read your Confidential Business Information (CBI) other information whose disclosure is comment due to technical difficulties or other information whose disclosure is restricted by statute. When EPA and cannot contact you for clarification, restricted by statute. The official public identifies a comment containing EPA may not be able to consider your docket is the collection of materials that copyrighted material, EPA will provide comment. is available for public viewing at the a reference to that material in the i. EPA Dockets. Your use of EPA’s Public Information and Records version of the comment that is placed in electronic public docket to submit Integrity Branch (PIRIB), Rm. 119, EPA’s electronic public docket. The comments to EPA electronically is Crystal Mall #2, 1921 Jefferson Davis entire printed comment, including the EPA’s preferred method for receiving Hwy., Arlington, VA. This docket copyrighted material, will be available comments. Go directly to EPA Dockets facility is open from 8:30 a.m. to 4 p.m., in the public docket. at http://www.epa.gov/edocket, and Monday through Friday, excluding legal Public comments submitted on follow the online instructions for holidays. The docket telephone number computer disks that are mailed or submitting comments. Once in the is (703) 305–5805. delivered to the docket will be system, select ‘‘search,’’ and then key in 2. Electronic access. You may access transferred to EPA’s electronic public docket ID number OPP–2002–0249. The this Federal Register document docket. Public comments that are system is an ‘‘anonymous access’’ electronically through the EPA Internet mailed or delivered to the Docket will system, which means EPA will not under the ‘‘Federal Register’’ listings at be scanned and placed in EPA’s know your identity, e-mail address, or http://www.epa.gov/fedrgstr/. electronic public docket. Where An electronic version of the public other contact information unless you practical, physical objects will be provide it in the body of your comment. docket is available through EPA’s photographed, and the photograph will ii. E-mail. Comments may be sent by electronic public docket and comment be placed in EPA’s electronic public e-mail to [email protected], system, EPA Dockets. You may use EPA docket along with a brief description Attention: Docket ID Number OPP– Dockets at http://www.epa.gov/edocket/ written by the docket staff. to submit or view public comments, 2002–0249. In contrast to EPA’s access the index listing of the contents II. How Can I Respond to this Action? electronic public docket, EPA’s e-mail system is not an ‘‘anonymous access’’ of the official public docket, and to A. How and to Whom Do I Submit system. If you send an e-mail comment access those documents in the public Comments? docket that are available electronically. directly to the docket without going Once in the system, select ‘‘search,’’ You may submit comments through EPA’s electronic public docket, then key in the appropriate docket ID electronically, by mail, or through hand EPA’s e-mail system automatically number. delivery/courier. To ensure proper captures your e-mail address. E-mail Certain types of information will not receipt by EPA, identify the appropriate addresses that are automatically be placed in the EPA Dockets. docket ID number in the subject line on captured by EPA’s e-mail system are Information claimed as CBI and other the first page of your comment. Please included as part of the comment that is information whose disclosure is ensure that your comments are placed in the official public docket, and restricted by statute, which is not submitted within the specified comment made available in EPA’s electronic included in the official public docket, period. Comments received after the public docket. close of the comment period will be will not be available for public viewing iii. Disk or CD ROM. You may submit marked ‘‘late.’’ EPA is not required to in EPA’s electronic public docket. EPA’s comments on a disk or CD ROM that consider these late comments. If you policy is that copyrighted material will you mail to the mailing address wish to submit CBI or information that not be placed in EPA’s electronic public identified in Unit I.C.2. These electronic is otherwise protected by statute, please docket but will be available only in submissions will be accepted in follow the instructions in Unit I.D. Do printed, paper form in the official public WordPerfect or ASCII file format. Avoid not use EPA Dockets or e-mail to submit docket. To the extent feasible, publicly the use of special characters and any CBI or information protected by statute. available docket materials will be made form of encryption. available in EPA’s electronic public 1. Electronically. If you submit an docket. When a document is selected electronic comment as prescribed in this 2. By mail. Send your comments to: from the index list in EPA Dockets, the unit, EPA recommends that you include Public Information and Records system will identify whether the your name, mailing address, and an e- Integrity Branch (PIRIB) (7502C), Office document is available for viewing in mail address or other contact of Pesticide Programs (OPP), EPA’s electronic public docket. information in the body of your Environmental Protection Agency, 1200 Although not all docket materials may comment. Also include this contact Pennsylvania Ave., NW., Washington, be available electronically, you may still information on the outside of any disk DC 20460–0001, Attention: Docket ID access any of the publicly available or CD ROM you submit, and in any Number OPP–2002–0249. docket materials through the docket cover letter accompanying the disk or 3. By hand delivery or courier. Deliver facility identified in Unit I.B. EPA CD ROM. This ensures that you can be your comments to: Public Information intends to work towards providing identified as the submitter of the and Records Integrity Branch (PIRIB), electronic access to all of the publicly comment and allows EPA to contact you Office of Pesticide Programs (OPP), available docket materials through in case EPA cannot read your comment Environmental Protection Agency, Rm. EPA’s electronic public docket. due to technical difficulties or needs 119, Crystal Mall #2, 1921 Jefferson For public commenters, it is further information on the substance of Davis Hwy., Arlington, VA, Attention: important to note that EPA’s policy is your comment. EPA’s policy is that EPA Docket ID Number OPP–2002–0249. that public comments, whether will not edit your comment, and any Such deliveries are only accepted submitted electronically or in paper, identifying or contact information during the docket’s normal hours of will be made available for public provided in the body of a comment will operation as identified in Unit I.B.1.

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B. How Should I Submit CBI to the interim public participation process for the development of the RED later in Agency? tolerance reassessment and 2003, additional risk mitigation may be Do not submit information that you reregistration. During the next 60 days, necessary. Included in the public version of the consider to be CBI electronically EPA will accept comments on the official record are the Agency’s risk through EPA’s electronic public docket human health and environmental fate and effects risk assessments and other assessments and related documents for or by e-mail. You may claim related documents for diuron, available diuron. As additional comments, information that you submit to EPA as in the individual pesticide docket. reviews, and risk assessment CBI by marking any part or all of that In addition, EPA has reassessed the modifications become available, these information as CBI (if you submit CBI risks associated with current and will also be docketed. The diuron risk on disk or CD ROM, mark the outside proposed food uses of the pesticide assessments reflect only the work and of the disk or CD ROM as CBI and then diuron, including the 81 existing analysis conducted as of the time they identify electronically within the disk or tolerances, and reached a tolerance were produced and it is appropriate CD ROM the specific information that is reassessment and interim risk that, as new information becomes CBI). Information so marked will not be management decision. The Agency is available and/or additional analyses are disclosed except in accordance with issuing for comment the resulting performed, the conclusions they contain procedures set forth in 40 CFR part 2. Tolerance Reassessment Decision for may change. In addition to one complete version of diuron, known as a TRED, as well as the the comment that includes any summary, overview, and risk List of Subjects information claimed as CBI, a copy of assessment documents. It should be Environmental protection, Chemicals, the comment that does not contain the noted that for diuron, a RED document Pesticides and pests. information claimed as CBI must be will be issued in 2003. The diuron RED submitted for inclusion in the public Dated: March 14, 2003. will address any possible risk to Betty Shackelford, docket and EPA’s electronic public workers and the environment and list docket. If you submit the copy that does Acting Director, Special Review and any further risk mitigation and Reregistration Division, Office of Pesticide not contain CBI on disk or CD ROM, confirmatory data needs. During the mark the outside of the disk or CD ROM Programs. next 60 days, EPA will accept comments [FR Doc. 03–7979 Filed 4–1–03; 8:45 am] clearly that it does not contain CBI. on the TRED. All comments received BILLING CODE 6560–50–S Information not marked as CBI will be during the next 60 days will be included in the public docket and EPA’s considered by the Agency. If any electronic public docket without prior comments significantly affect the ENVIRONMENTAL PROTECTION notice. If you have any questions about Agency’s decision, EPA will AGENCY CBI or the procedures for claiming CBI, acknowledge and address them in the please consult the person listed under final RED document. In the absence of [OPP–2003–0091; FRL–7297–3] FOR FURTHER INFORMATION CONTACT. substantive comments, the tolerance Pesticide Products; Registration reassessment decisions reflected in this C. What Should I Consider as I Prepare Applications My Comments for EPA? TRED will be considered final. EPA must review tolerances and AGENCY: Environmental Protection You may find the following tolerance exemptions that were in effect Agency (EPA). suggestions helpful for preparing your when FQPA was enacted in August ACTION: Notice. comments: 1996, to ensure that these existing 1. Explain your views as clearly as pesticide residue limits for food and SUMMARY: This notice announces receipt possible. feed commodities meet the safety of applications to register pesticide 2. Describe any assumptions that you standard established by the new law. products containing new active used. Tolerances are considered reassessed ingredients not included in any 3. Provide copies of any technical once the safety finding has been made previously registered products pursuant information and/or data you used that or a revocation occurs. EPA has to the provisions of section 3(c)(4) of the support your views. reviewed and made the requisite safety Federal Insecticide, Fungicide, and 4. If you estimate potential burden or finding for the tolerances and Rodenticide Act (FIFRA), as amended. costs, explain how you arrived at the exemptions included in the TRED. DATES: Written comments, identified by estimate that you provide. Although some potential risks of the docket ID number OPP–2003–0091, 5. Provide specific examples to concern have been identified, EPA is must be received on or before May 2, illustrate your concerns. able to make a determination of 2003. 6. Offer alternative ways to improve reasonable certainty of no harm for ADDRESSES: the proposed rule or collection activity. diuron, based on further Comments may be 7. Make sure to submit your characterization of these risks, the submitted electronically, by mail, or comments by the deadline in this registrant’s commitment to mitigation through hand delivery/courier. Follow document. measures designed to reduce exposure the detailed instructions as provided in SUPPLEMENTARY 8. To ensure proper receipt by EPA, to diuron and its metabolites in drinking Unit I. of the be sure to identify the docket ID number water and the development of data to INFORMATION. assigned to this action in the subject confirm that the mitigation measures are FOR FURTHER INFORMATION CONTACT: line on the first page of your response. adequate. Each risk of potential concern, Adam Heyward, Product Manager 34, You may also provide the name, date, related to the tolerance reassessment, Antimicrobials Registration Division and Federal Register citation. with its characterization and the (7510C), Office of Pesticide Programs, mitigation designed to address the Environmental Protection Agency, 1200 III. What Action is the Agency Taking? concern is discussed in the tolerance Pennsylvania Ave., NW., Washington, EPA is making available to the public reassessment document. It should be DC 20460–0001; telephone number: the risk assessments that have been noted that when the Agency evaluates (703) 308–6422; e-mail address: developed as part of the Agency’s the ecological and worker risks during [email protected].

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SUPPLEMENTARY INFORMATION: access the index listing of the contents C. How and To Whom Do I Submit of the official public docket, and to Comments? I. General Information access those documents in the public You may submit comments A. Does this Action Apply to Me? docket that are available electronically. electronically, by mail, or through hand You may be potentially affected by Once in the system, select ‘‘search,’’ delivery/courier. To ensure proper this action if you are an agricultural then key in the appropriate docket ID receipt by EPA, identify the appropriate producer, food manufacturer, or number. docket ID number in the subject line on pesticide manufacturer. Potentially Certain types of information will not the first page of your comment. Please affected entities may include, but are be placed in the EPA Dockets. ensure that your comments are not limited to: Information claimed as CBI and other submitted within the specified comment • Crop production (NAICS 111) information whose disclosure is period. Comments received after the • Animal production (NAICS 112) restricted by statute, which is not close of the comment period will be • Food manufacturing (NAICS 311) included in the official public docket, marked ‘‘late.’’ EPA is not required to • Pesticide manufacturing (NAICS will not be available for public viewing consider these late comments. If you 32532) in EPA’s electronic public docket. EPA’s wish to submit CBI or information that This listing is not intended to be policy is that copyrighted material will is otherwise protected by statute, please exhaustive, but rather provides a guide not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do for readers regarding entities likely to be docket but will be available only in not use EPA Dockets or e-mail to submit affected by this action. Other types of printed, paper form in the official public CBI or information protected by statute. entities not listed in this unit could also docket. To the extent feasible, publicly 1. Electronically. If you submit an be affected. The North American available docket materials will be made electronic comment as prescribed in this Industrial Classification System available in EPA’s electronic public unit, EPA recommends that you include (NAICS) codes have been provided to docket. When a document is selected your name, mailing address, and an e- assist you and others in determining from the index list in EPA Dockets, the mail address or other contact whether this action might apply to system will identify whether the information in the body of your certain entities. If you have any document is available for viewing in comment. Also include this contact questions regarding the applicability of EPA’s electronic public docket. information on the outside of any disk this action to a particular entity, consult Although not all docket materials may or CD ROM you submit, and in any the person listed under FOR FURTHER be available electronically, you may still cover letter accompanying the disk or INFORMATION CONTACT. access any of the publicly available CD ROM. This ensures that you can be docket materials through the docket identified as the submitter of the B. How Can I Get Copies of this facility identified in Unit I.B.1. EPA comment and allows EPA to contact you Document and Other Related intends to work towards providing in case EPA cannot read your comment Information? electronic access to all of the publicly due to technical difficulties or needs 1. Docket. EPA has established an available docket materials through further information on the substance of official public docket for this action EPA’s electronic public docket. your comment. EPA’s policy is that EPA under docket identification (ID) number For public commenters, it is will not edit your comment, and any OPP–2003–0091. The official public important to note that EPA’s policy is identifying or contact information docket consists of the documents that public comments, whether provided in the body of a comment will specifically referenced in this action, submitted electronically or in paper, be included as part of the comment that any public comments received, and will be made available for public is placed in the official public docket, other information related to this action. viewing in EPA’s electronic public and made available in EPA’s electronic Although a part of the official docket, docket as EPA receives them and public docket. If EPA cannot read your the public docket does not include without change, unless the comment comment due to technical difficulties Confidential Business Information (CBI) contains copyrighted material, CBI, or and cannot contact you for clarification, or other information whose disclosure is other information whose disclosure is EPA may not be able to consider your restricted by statute. The official public restricted by statute. When EPA comment. docket is the collection of materials that identifies a comment containing i. EPA Dockets. Your use of EPA’s is available for public viewing at the copyrighted material, EPA will provide electronic public docket to submit Public Information and Records a reference to that material in the comments to EPA electronically is Integrity Branch (PIRIB), Rm. 119, version of the comment that is placed in EPA’s preferred method for receiving Crystal Mall #2, 1921 Jefferson Davis EPA’s electronic public docket. The comments. Go directly to EPA Dockets Hwy., Arlington, VA. This docket entire printed comment, including the at http://www.epa.gov/edocket, and facility is open from 8:30 a.m. to 4 p.m., copyrighted material, will be available follow the online instructions for Monday through Friday, excluding legal in the public docket. submitting comments. Once in the holidays. The docket telephone number Public comments submitted on system, select ‘‘search,’’ and then key in is (703) 305–5805. computer disks that are mailed or docket ID number OPP–2003–0091. The 2. Electronic access. You may access delivered to the docket will be system is an‘‘anonymous access’’ this Federal Register document transferred to EPA’s electronic public system, which means EPA will not electronically through the EPA Internet docket. Public comments that are know your identity, e-mail address, or under the ‘‘Federal Register’’ listings at mailed or delivered to the Docket will other contact information unless you http://www.epa.gov/fedrgstr/. be scanned and placed in EPA’s provide it in the body of your comment. An electronic version of the public electronic public docket. Where ii. E-mail. Comments may be sent by docket is available through EPA’s practical, physical objects will be e-mail to [email protected], electronic public docket and comment photographed, and the photograph will Attention: Docket ID Number OPP– system, EPA Dockets. You may use EPA be placed in EPA’s electronic public 2003–0091. In contrast to EPA’s Dockets at http://www.epa.gov/edocket/ docket along with a brief description electronic public docket, EPA’s e-mail to submit or view public comments, written by the docket staff. system is not an ‘‘anonymous access’’

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system. If you send an e-mail comment electronic public docket without prior List of Subjects directly to the docket without going notice. If you have any questions about Environmental protection, Pesticides through EPA’s electronic public docket, CBI or the procedures for claiming CBI, and pest. EPA’s e-mail system automatically please consult the person listed under captures your e-mail address. E-mail FOR FURTHER INFORMATION CONTACT. Dated: March 14, 2003. addresses that are automatically Frank Sanders, E. What Should I Consider as I Prepare captured by EPA’s e-mail system are Director, Antimicrobials Division, Office of My Comments for EPA? included as part of the comment that is Pesticide Programs. placed in the official public docket, and You may find the following [FR Doc. 03–7801 Filed 4–1–03; 8:45 am] made available in EPA’s electronic suggestions helpful for preparing your BILLING CODE 6560–50–S public docket. comments: iii. Disk or CD ROM. You may submit 1. Explain your views as clearly as comments on a disk or CD ROM that possible. ENVIRONMENTAL PROTECTION you mail to the mailing address 2. Describe any assumptions that you AGENCY identified in Unit I.C.2. These electronic used. submissions will be accepted in 3. Provide copies of any technical [OPP–2002–0351; FRL–7286–1] WordPerfect or ASCII file format. Avoid information and/or data you used that support your views. Pesticide Products; Registration the use of special characters and any Applications form of encryption. 4. If you estimate potential burden or 2. By mail. Send your comments to: costs, explain how you arrived at the AGENCY: Environmental Protection Public Information and Records estimate that you provide. Agency (EPA). 5. Provide specific examples to Integrity Branch (PIRIB), Office of ACTION: Notice. Pesticide Programs (OPP), illustrate your concerns. 6. Offer alternative ways to improve Environmental Protection Agency SUMMARY: This notice announces receipt the registration activity. (7502C), 1200 Pennsylvania Ave., NW., of an application to register a pesticide 7. Make sure to submit your Washington, DC, 20460–0001, product containing an active ingredient comments by the deadline in this Attention: Docket ID Number OPP– involving a changed use pattern notice. pursuant to the provisions of section 2003–0091. 8. To ensure proper receipt by EPA, 3. By hand delivery or courier. Deliver 3(c)(4) of the Federal Insecticide, be sure to identify the docket ID number your comments to: Public Information Fungicide, and Rodenticide Act assigned to this action in the subject and Records Integrity Branch (PIRIB), (FIFRA), as amended. line on the first page of your response. Office of Pesticide Programs (OPP), DATES: Written comments, identified by You may also provide the name, date, Environmental Protection Agency, Rm. the docket ID number OPP–2002–0351, and Federal Register citation. 119, Crystal Mall #2, 1921 Jefferson must be received on or before May 2, Davis Hwy., Arlington, VA., Attention: II. Registration Applications 2003. Docket ID Number OPP–2003–0091. EPA received applications as follows ADDRESSES: Comments may be Such deliveries are only accepted to register pesticide products containing submitted electronically, by mail, or during the docket’s normal hours of active ingredients not included in any through hand delivery/courier. Follow operation as identified in Unit I.B.1. previously registered products pursuant the detailed instructions as provided in D. How Should I Submit CBI To the to the provision of section 3(c)(4) of Unit I. of the SUPPLEMENTARY Agency? FIFRA. Notice of receipt of these INFORMATION. applications does not imply a decision FOR FURTHER INFORMATION CONTACT: Do not submit information that you by the Agency on the applications. consider to be CBI electronically Mike Mendelsohn, Biopesticides and through EPA’s electronic public docket Products Containing Active Ingredients Pollution Prevention Division (7511C), or by e-mail. You may claim not Included in any Previously Office of Pesticide Programs, information that you submit to EPA as Registered Products Environmental Protection Agency, 1200 CBI by marking any part or all of that 1. File Symbol: 75269–R. Applicant: Pennsylvania Ave., NW., Washington, information as CBI (if you submit CBI Keller and Heckman LLP., 1001 G St., DC 20460–0001; telephone number: on disk or CD ROM, mark the outside NW., Suite 500 West, Washington, DC (703) 308–8715; e-mail address: of the disk or CD ROM as CBI and then 20001, U.S. Agent for Rutgers Organic [email protected]. identify electronically within the disk or GmbH, Sandhofer Strasse, Postfach 31 SUPPLEMENTARY INFORMATION: CD ROM the specific information that is 01 60, D–68305 Mannheim, Germany. I. General Information CBI). Information so marked will not be Product Name: Polymeric Betaine disclosed except in accordance with Technical Grade Active Ingredient A. Does this Action Apply to Me? procedures set forth in 40 CFR part 2. Wood Preservative. Active ingredient: You may be potentially affected by In addition to one complete version of Didecyl-bis(2-hydroxyethyl) ammonium this action if you are a pesticide the comment that includes any borate at 56.7%. Proposed manufacturer. Potentially affected information claimed as CBI, a copy of classification/Use: None. For entities may include, but are not limited the comment that does not contain the manufacturing use only in formulating to: information claimed as CBI must be end-use wood preservative products. • Crop production (NAICS code 111) submitted for inclusion in the public 2. File Symbol: 75269–E. Applicant: • Animal production (NAICS code docket and EPA’s electronic public Keller and Heckman LLP. Product 112) docket. If you submit the copy that does Name: Impralit KDS. Active ingredient: • Food manufacturing (NAICS code not contain CBI on disk or CD ROM, Didecyl-bis(2-hydroxyethyl) ammonium 311) mark the outside of the disk or CD ROM borate at 5.54%. Proposed • Pesticide manufacturing (NAICS clearly that it does not contain CBI. classification/Use: None. For vacuum- code 32532) Information not marked as CBI will be pressure treatment of wood to protect This listing is not intended to be included in the public docket and EPA’s against insects, rot, and fungal decay. exhaustive, but rather provides a guide

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for readers regarding entities likely to be in EPA’s electronic public docket. EPA’s wish to submit CBI or information that affected by this action. Other types of policy is that copyrighted material will is otherwise protected by statute, please entities not listed in this unit could also not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do be affected. The North American docket but will be available only in not use EPA Dockets or e-mail to submit Industrial Classification System printed, paper form in the official public CBI or information protected by statute. (NAICS) codes have been provided to docket. To the extent feasible, publicly 1. Electronically. If you submit an assist you and others in determining available docket materials will be made electronic comment as prescribed in this whether this action might apply to available in EPA’s electronic public unit, EPA recommends that you include certain entities. To determine whether docket. When a document is selected your name, mailing address, and an e- you or your business may be affected by from the index list in EPA Dockets, the mail address or other contact this action, you should carefully system will identify whether the information in the body of your examine the applicability provisions in document is available for viewing in comment. Also include this contact unit II of this notice. If you have any EPA’s electronic public docket. information on the outside of any disk questions regarding the applicability of Although not all docket materials may or CD ROM you submit, and in any this action to a particular entity, consult be available electronically, you may still cover letter accompanying the disk or the person listed under FOR FURTHER access any of the publicly available CD ROM. This ensures that you can be INFORMATION CONTACT. docket materials through the docket identified as the submitter of the facility identified in Unit I.B.1. EPA comment and allows EPA to contact you B. How Can I Get Copies of this intends to work towards providing in case EPA cannot read your comment Document and Other Related electronic access to all of the publicly due to technical difficulties or needs Information? available docket materials through further information on the substance of 1. Docket. EPA has established an EPA’s electronic public docket. your comment. EPA’s policy is that EPA official public docket for this action For public commenters, it is will not edit your comment, and any under docket identification (ID) number important to note that EPA’s policy is identifying or contact information OPP–2002–0351. The official public that public comments, whether provided in the body of a comment will docket consists of the documents submitted electronically or in paper, be included as part of the comment that specifically referenced in this action, will be made available for public is placed in the official public docket, any public comments received, and viewing in EPA’s electronic public and made available in EPA’s electronic other information related to this action. docket as EPA receives them and public docket. If EPA cannot read your Although a part of the official docket, without change, unless the comment comment due to technical difficulties the public docket does not include contains copyrighted material, CBI, or and cannot contact you for clarification, Confidential Business Information (CBI) other information whose disclosure is EPA may not be able to consider your or other information whose disclosure is restricted by statute. When EPA comment. restricted by statute. The official public identifies a comment containing i. EPA Dockets. Your use of EPA’s docket is the collection of materials that copyrighted material, EPA will provide electronic public docket to submit is available for public viewing at the a reference to that material in the comments to EPA electronically is Public Information and Records version of the comment that is placed in EPA’s preferred method for receiving Integrity Branch (PIRIB), Rm. 119, EPA’s electronic public docket. The comments. Go directly to EPA Dockets Crystal Mall #2, 1921 Jefferson Davis entire printed comment, including the at http://www.epa.gov/edocket, and Hwy., Arlington, VA. This docket copyrighted material, will be available follow the online instructions for facility is open from 8:30 a.m. to 4 p.m., in the public docket. submitting comments. Once in the Monday through Friday, excluding legal Public comments submitted on system, select ‘‘search,’’ and then key in holidays. The docket telephone number computer disks that are mailed or docket ID number OPP–2002–0351. The is (703) 305–5805. delivered to the docket will be system is an ‘‘anonymous access’’ 2. Electronic access. You may access transferred to EPA’s electronic public system, which means EPA will not this Federal Register document docket. Public comments that are know your identity, e-mail address, or electronically through the EPA Internet mailed or delivered to the Docket will other contact information unless you under the ‘‘Federal Register’’ listings at be scanned and placed in EPA’s provide it in the body of your comment. http://www.epa.gov/fedrgstr/. electronic public docket. Where ii. E-mail. Comments may be sent by An electronic version of the public practical, physical objects will be e-mail to [email protected], docket is available through EPA’s photographed, and the photograph will Attention: Docket ID Number OPP– electronic public docket and comment be placed in EPA’s electronic public 2002–0351. In contrast to EPA’s system, EPA Dockets. You may use EPA docket along with a brief description electronic public docket, EPA’s e-mail Dockets at http://www.epa.gov/edocket/ written by the docket staff. system is not an ‘‘anonymous access’’ to submit or view public comments, system. If you send an e-mail comment access the index listing of the contents C. How and To Whom Do I Submit directly to the docket without going of the official public docket, and to Comments? through EPA’s electronic public docket, access those documents in the public You may submit comments EPA’s e-mail system automatically docket that are available electronically. electronically, by mail, or through hand captures your e-mail address. E-mail Once in the system, select ‘‘search,’’ delivery/courier. To ensure proper addresses that are automatically then key in the appropriate docket ID receipt by EPA, identify the appropriate captured by EPA’s e-mail system are number. docket ID number in the subject line on included as part of the comment that is Certain types of information will not the first page of your comment. Please placed in the official public docket, and be placed in the EPA Dockets. ensure that your comments are made available in EPA’s electronic Information claimed as CBI and other submitted within the specified comment public docket. information whose disclosure is period. Comments received after the iii. Disk or CD ROM. You may submit restricted by statute, which is not close of the comment period will be comments on a disk or CD ROM that included in the official public docket, marked ‘‘late.’’ EPA is not required to you mail to the mailing address will not be available for public viewing consider these late comments. If you identified in Unit I.C.2. These electronic

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submissions will be accepted in 3. Provide copies of any technical ENVIRONMENTAL PROTECTION WordPerfect or ASCII file format. Avoid information and/or data you used that AGENCY the use of special characters and any support your views. [OPP–2002–0146; FRL–7297–6] form of encryption. 4. If you estimate potential burden or 2. By mail. Send your comments to: costs, explain how you arrived at the Tebuthiuron; Tolerance Reassessment Public Information and Records estimate that you provide. Decisions; Notice of Availability Integrity Branch (PIRIB), Office of 5. Provide specific examples to Pesticide Programs (OPP), illustrate your concerns. AGENCY: Environmental Protection Environmental Protection Agency 6. Offer alternative ways to improve Agency (EPA). (7502C), 1200 Pennsylvania Ave., NW., the registration activity. ACTION: Notice. Washington, DC 20460–0001, Attention: 7. Make sure to submit your Docket ID Number OPP–2002–0351. comments by the deadline in this SUMMARY: This notice announces the 3. By hand delivery or courier. Deliver notice. availability of EPA’s tolerance your comments to: Public Information 8. To ensure proper receipt by EPA, reassessment decision and related and Records Integrity Branch (PIRIB), be sure to identify the docket ID number documents for tebuthiuron including Office of Pesticide Programs (OPP), assigned to this action in the subject the Tebuthiuron Overview, Tebuthiuron Environmental Protection Agency, Rm. line on the first page of your response. Summary, Tebuthiuron Decision 119, Crystal Mall #2, 1921 Jefferson You may also provide the name, date, Document (TRED), and supporting risk Davis Hwy., Arlington, VA., Attention: and Federal Register citation. assessment documents. EPA has reassessed the 15 tolerances, or legal Docket ID Number OPP–2002–0351. II. Registration Applications Such deliveries are only accepted limits, for residues of tebuthiuron in or during the docket’s normal hours of EPA received an application as on raw agricultural commodities. These operation as identified in Unit I.B.1. follows to register a pesticide product tolerances are now considered safe containing an active ingredient under the Federal Food, Drug, and D. How Should I Submit CBI to the involving a changed use pattern Cosmetic Act (FFDCA), as amended by Agency? pursuant to the provision of section the Food Quality Protection Act (FQPA) Do not submit information that you 3(c)(4) of FIFRA. Notice of receipt of of 1996. consider to be CBI electronically this application does not imply a DATES: Comments, identified by docket through EPA’s electronic public docket decision by the Agency on the ID number OPP–2002–0146, must be or by e-mail. You may claim application. received on or before May 2, 2003. In information that you submit to EPA as Product Containing an Active Ingredient the absence of substantive comments, CBI by marking any part or all of that Involving a Changed Use Pattern the tolerance reassessment decision will information as CBI (if you submit CBI be considered final. File symbol: 524–LUL. Applicant: on disk or CD ROM, mark the outside Monsanto Company, 700 Chesterfield ADDRESSES: Comments may be of the disk or CD ROM as CBI and then Parkway North, St. Louis, MO 63198. submitted electronically, by mail, or identify electronically within the disk or Product name: YieldGard Plus Corn. through hand delivery/courier. Follow CD ROM the specific information that is Product type: Plant-incorporated the detailed instructions for each CBI). Information so marked will not be protectant insecticide. Active method as provided in Unit I. of the disclosed except in accordance with ingredients: Bacillus thuringiensis SUPPLEMENTARY INFORMATION. To ensure procedures set forth in 40 CFR part 2. Cry3Bb1 protein and the genetic proper receipt by EPA, it is imperative In addition to one complete version of material necessary for its production that you identify docket ID number the comment that includes any (Vector ZMIR13L) in corn and Bacillus OPP–2002–0146 in the subject line on information claimed as CBI, a copy of thuringiensis Cry1Ab protein and the the first page of your response. the comment that does not contain the genetic material necessary for its FOR FURTHER INFORMATION CONTACT: information claimed as CBI must be production in corn. Proposed Wilhelmena Livingston, Special Review submitted for inclusion in the public classification/Use: None. YieldGard and Reregistration Division (7508C), docket and EPA’s electronic public Plus Corn has claims for protection Office of Pesticide Programs, docket. If you submit the copy that does against leaf and stalk damage caused by Environmental Protection Agency, 1200 not contain CBI on disk or CD ROM, lepidopteran insects and root damage Pennsylvania Ave., NW., Washington, mark the outside of the disk or CD ROM caused by corn rootworms (Diabrotica DC 20460–0001; telephone number: clearly that it does not contain CBI. spp.) (703) 308–8025; e-mail address: Information not marked as CBI will be The resulting hybrids were developed [email protected]. included in the public docket and EPA’s via conventional breeding techniques by SUPPLEMENTARY INFORMATION: electronic public docket without prior crossing an inbred line of corn notice. If you have any questions about containing event MON 810 to an inbred I. General Information CBI or the procedures for claiming CBI, line of corn containing event MON 863. please consult the person listed under A. Does this Action Apply to Me? FOR FURTHER INFORMATION CONTACT. List of Subjects This action is directed to the public E. What Should I Consider as I Prepare Environmental protection, Pesticides in general, but will be of interest to a My Comments for EPA? and pest. wide range of stakeholders, including environmental, human health, and Dated: March 21, 2003. You may find the following agricultural advocates; the chemical suggestions helpful for preparing your Janet L. Andersen, industry; pesticide users; and members comments: Director, Biopesticides and Pollution of the public interested in the use of 1. Explain your views as clearly as Prevention Division, Office of Pesticide pesticides. The Agency has not Programs. possible. attempted to describe all the persons or 2. Describe any assumptions that you [FR Doc. 03–7980 Filed 4–1–03; 8:45am] entities who may be interested in or used. BILLING CODE 6560–50–S affected by this action. If you have

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questions in this regard, consult the Although not all docket materials may or CD ROM you submit, and in any person listed under FOR FURTHER be available electronically, you may still cover letter accompanying the disk or INFORMATION CONTACT. access any of the publicly available CD ROM. This ensures that you can be docket materials through the docket identified as the submitter of the B. How Can I Get Additional facility identified in Unit I.B. EPA comment and allows EPA to contact you Information, Including Copies of this intends to work towards providing Document and Other Related in case EPA cannot read your comment electronic access to all of the publicly Documents? due to technical difficulties or needs available docket materials through further information on the substance of 1. Docket. EPA has established an EPA’s electronic public docket. your comment. EPA’s policy is that EPA official public docket for this action For public commenters, it is will not edit your comment, and any under docket identification (ID) number important to note that EPA’s policy is identifying or contact information OPP–2002–0146. The official public that public comments, whether provided in the body of a comment will docket consists of the documents submitted electronically or in paper, be included as part of the comment that specifically referenced in this action, will be made available for public is placed in the official public docket, any public comments received, and viewing in EPA’s electronic public and made available in EPA’s electronic other information related to this action. docket as EPA receives them and public docket. If EPA cannot read your Although a part of the official docket, without change, unless the comment comment due to technical difficulties the public docket does not include contains copyrighted material, CBI, or and cannot contact you for clarification, Confidential Business Information (CBI) other information whose disclosure is EPA may not be able to consider your or other information whose disclosure is restricted by statute. When EPA comment. restricted by statute. The official public identifies a comment containing i. EPA Dockets. Your use of EPA’s docket is the collection of materials that copyrighted material, EPA will provide electronic public docket to submit is available for public viewing at the a reference to that material in the comments to EPA electronically is Public Information and Records version of the comment that is placed in EPA’s preferred method for receiving Integrity Branch (PIRIB), Rm. 119, EPA’s electronic public docket. The comments. Go directly to EPA Dockets Crystal Mall #2, 1921 Jefferson Davis entire printed comment, including the at http://www.epa.gov/edocket, and Hwy., Arlington, VA. This docket copyrighted material, will be available follow the online instructions for facility is open from 8:30 a.m. to 4 p.m., in the public docket. submitting comments. Once in the Monday through Friday, excluding legal Public comments submitted on system, select ‘‘search,’’ and then key in holidays. The docket telephone number computer disks that are mailed or docket ID number OPP–2002–0146. The is (703) 305–5805. delivered to the docket will be system is an ‘‘anonymous access’’ 2. Electronic access. You may access transferred to EPA’s electronic public system, which means EPA will not this Federal Register document docket. Public comments that are know your identity, e-mail address, or electronically through the EPA Internet mailed or delivered to the docket will be other contact information unless you under the ‘‘Federal Register’’ listings at scanned and placed in EPA’s electronic provide it in the body of your comment. http://www.epa.gov/fedrgstr/. public docket. Where practical, physical An electronic version of the public objects will be photographed, and the ii. E-mail. Comments may be sent by docket is available through EPA’s photograph will be placed in EPA’s e-mail to [email protected], electronic public docket and comment electronic public docket along with a Attention: Docket ID Number OPP– system, EPA Dockets. You may use EPA brief description written by the docket 2002–0146. In contrast to EPA’s Dockets at http://www.epa.gov/edocket/ staff. electronic public docket, EPA’s e-mail to submit or view public comments, system is not an ‘‘anonymous access’’ access the index listing of the contents C. How and to Whom Do I Submit system. If you send an e-mail comment of the official public docket, and to Comments? directly to the docket without going access those documents in the public You may submit comments through EPA’s electronic public docket, docket that are available electronically. electronically, by mail, or through hand EPA’s e-mail system automatically Once in the system, select ‘‘search,’’ delivery/courier. To ensure proper captures your e-mail address. E-mail then key in the appropriate docket ID receipt by EPA, identify the appropriate addresses that are automatically number. docket ID number in the subject line on captured by EPA’s e-mail system are Certain types of information will not the first page of your comment. Please included as part of the comment that is be placed in the EPA Dockets. ensure that your comments are placed in the official public docket, and Information claimed as CBI and other submitted within the specified comment made available in EPA’s electronic information whose disclosure is period. Comments received after the public docket. restricted by statute, which is not close of the comment period will be iii. Disk or CD ROM. You may submit included in the official public docket, marked ‘‘late.’’ EPA is not required to comments on a disk or CD ROM that will not be available for public viewing consider these late comments. If you you mail to the mailing address in EPA’s electronic public docket. EPA’s wish to submit CBI or information that identified in Unit I.C.2. These electronic policy is that copyrighted material will is otherwise protected by statute, please submissions will be accepted in not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do WordPerfect or ASCII file format. Avoid docket but will be available only in not use EPA Dockets or e-mail to submit the use of special characters and any printed, paper form in the official public CBI or information protected by statute. form of encryption. docket. To the extent feasible, publicly 1. Electronically. If you submit an 2. By mail. Send your comments to: available docket materials will be made electronic comment as prescribed in this Public Information and Records available in EPA’s electronic public unit, EPA recommends that you include Integrity Branch (PIRIB), Office of docket. When a document is selected your name, mailing address, and an e- Pesticide Programs (OPP), from the index list in EPA Dockets, the mail address or other contact Environmental Protection Agency system will identify whether the information in the body of your (7502C), 1200 Pennsylvania Ave., NW., document is available for viewing in comment. Also include this contact Washington, DC 20460–0001, Attention: EPA’s electronic public docket. information on the outside of any disk Docket ID Number OPP–2002–0146.

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3. By hand delivery or courier. Deliver 8. To ensure proper receipt by EPA, comments will be considered by the your comments to: Public Information be sure to identify the docket control Agency. If any comment significantly and Records Integrity Branch (PIRIB), number assigned to this action in the affects a TRED, EPA will amend the Office of Pesticide Programs (OPP), subject line on the first page of your TRED by publishing the amendment in Environmental Protection Agency, Rm. response. You may also provide the the Federal Register. 119, Crystal Mall #2, 1921 Jefferson name, date, and Federal Register B. What is the Agency’s Authority for Davis Hwy., Arlington, VA, Attention: citation. Taking this Action? Docket ID Number OPP–2002–0146. II. Background Such deliveries are only accepted The authority for this TRED is found during the docket’s normal hours of A. What Action is the Agency Taking? in section 408(q) of the FFDCA, 21 U.S.C. 346a(q). Section 408(q) requires operation as identified in Unit I.B.1. This notice constitutes and announces EPA to review tolerances and the availability of the TRED for D. How Should I Handle CBI That I exemptions for pesticide chemical tebuthiuron. This decision has been Want to Submit to the Agency? residues in effect on August 2, 1996, to developed as part of the public Do not submit information that you determine whether the tolerance or participation process that EPA and the consider to be CBI electronically exemption meets the requirements of U.S. Department of Agriculture (USDA) through EPA’s electronic public docket 408(b)(2) or (c)(2). This review is to be are using to involve the public in the or by e-mail. You may claim completed by August 3, 2006. reassessment of pesticide tolerances information that you submit to EPA as under FFDCA. EPA must review CBI by marking any part or all of that List of Subjects tolerances and tolerance exemptions information as CBI (if you submit CBI Environmental protection, Chemicals, that were in effect when FQPA was on disk or CD ROM, mark the outside Pesticides and tolerances. enacted in August 1996, to ensure these of the disk or CD ROM as CBI and then existing pesticide residues limits for Dated: March 19, 2003. identify electronically within the disk or food and feed commodities meet the Lois A. Rossi, CD ROM the specific information that is safety standard of the new law. Director, Special Review and Reregistration CBI). Information so marked will not be FFDCA requires EPA to review all the Division, Office of Pesticide Programs. disclosed except in accordance with tolerances for registered chemicals in [FR Doc. 03–7981 Filed 4–1–03; 8:45 am] procedures set forth in 40 CFR part 2. effect on or before the date of the BILLING CODE 6560–50–S In addition to one complete version of enactment. In reviewing these the comment that includes any tolerances, the Agency must consider, information claimed as CBI, a copy of among other things, aggregate risks from ENVIRONMENTAL PROTECTION the comment that does not contain the non-occupational sources of pesticide AGENCY information claimed as CBI must be exposure, whether there is increased submitted for inclusion in the public [OPP–2003–0097; FRL–7298–7] susceptibility to infants and children, docket and EPA’s electronic public and the cumulative effects of pesticides docket. If you submit the copy that does Thiamethoxam; Notice of Filing a with a common mechanism of toxicity. not contain CBI on disk or CD ROM, Pesticide Petition to Establish a The tolerances are considered mark the outside of the disk or CD ROM Tolerance for a Certain Pesticide reassessed once the safety finding has clearly that it does not contain CBI. Chemical in or on Food been made or a revocation occurs. Information not marked as CBI will be FFDCA requires that the Agency, AGENCY: Environmental Protection included in the public docket and EPA’s when considering whether to establish, Agency (EPA). electronic public docket without prior modify, or revoke a tolerance, consider ACTION: Notice. notice. If you have any questions about ‘‘available information’’ concerning the CBI or the procedures for claiming CBI, cumulative effects of a particular SUMMARY: This notice announces the please consult the person listed under pesticide’s residues and ‘‘other initial filing of a pesticide petition FOR FURTHER INFORMATION CONTACT. substances that have a common proposing the establishment of E. What Should I Consider as I Prepare mechanism of toxicity.’’ regulations for residues of a certain My Comments for EPA? As indicated above, the Agency will pesticide chemical in or on various food commodities. You may find the following also evaluate the cumulative risk, if DATES: suggestions helpful for preparing your necessary, posed by the entire group of Comments, identified by docket comments: chemicals with which a common ID number OPP–2003–0097, must be 1. Explain your views as clearly as mechanism of toxicity is shared, and received on or before May 2, 2003. possible. issues a final tolerance reassessment ADDRESSES: Comments may be 2. Describe any assumptions that you decision once the cumulative submitted electronically, by mail, or used. assessment for that group is completed. through hand delivery/courier. Follow 3. Provide copies of any technical At this time, tebuthiuron has not been the detailed instructions as provided in information and/or data you used that identified as sharing a common Unit I. of the SUPPLEMENTARY support your views. mechanism of toxicity and is not INFORMATION. 4. If you estimate potential burden or scheduled for a cumulative risk FOR FURTHER INFORMATION CONTACT: Dani costs, explain how you arrived at the assessment. The tolerance reassessment program Daniel, Registration Division (7505C), estimate that you provide. Office of Pesticide Programs, 5. Provide specific examples to is being conducted under Environmental Protection Agency, 1200 illustrate your concerns. Congressionally mandated time frames, Pennsylvania Ave., NW., Washington, 6. Offer alternative ways to improve and EPA recognizes both the need to DC 20460–0001; telephone number: the notice or collection activity. make timely tolerance decisions and to 7. Make sure to submit your involve the public. Therefore, EPA is (703) 305–5409; e-mail address: comments by the deadline in this issuing this TRED as a final document [email protected]. document. with a 30–day comment period. All SUPPLEMENTARY INFORMATION:

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I. General Information access those documents in the public brief description written by the docket docket that are available electronically. staff. A. Does this Action Apply to Me? Although, not all docket materials may C. How and to Whom Do I Submit You may be potentially affected by be available electronically, you may still Comments? this action if you are an agricultureal access any of the publicly available producer, food manufacturer, or docket materials through the docket You may submit comments pesticide manufactuer. Potentially facility identified in Unit I.B.1. Once in electronically, by mail, or through hand affected entities may include, but are the system, select ‘‘search,’’ then key in delivery/courier. To ensure proper not limited to: the appropriate docket ID number. receipt by EPA, identify the appropriate • Crop production (NAICS 111) Certain types of information will not docket ID number in the subject line on • Animal production (NAICS 112) the first page of your comment. Please • be placed in the EPA dockets. Food manufacturing (NAICS 311) Information claimed as CBI and other ensure that your comments are • Pesticide manufacturing (NAICS information whose disclosure is submitted within the specified comment 32532) period. Comments received after the This listing is not intended to be restricted by statute, which is not included in the official public docket, close of the comment period will be exhaustive, but rather provides a guide marked ‘‘late.’’ EPA is not required to for readers regarding entities likely to be will not be available for public viewing in EPA’s electronic public docket. EPA’s consider these late comments. If you affected by this action. Other types of wish to submit CBI or information that entities not listed in this unit could also policy is that copyrighted material will not be placed in EPA’s electronic public is otherwise protected by statute, please be affected. The North American follow the instructions in Unit I.D. Do Industrial Classification System docket but will be available only in printed, paper form in the official public not use EPA dockets or e-mail to submit (NAICS) codes have been provided to CBI or information protected by statute. docket. To the extent feasible, publicly assist you and others in determining 1. Electronically. If you submit an available docket materials will be made whether this action might apply to electronic comment as prescribed in this certain entities. If you have any available in EPA’s electronic public unit, EPA recommends that you include questions regarding the applicability of docket. When a document is selected your name, mailing address, and an e- this action to a particular entity, consult from the index list in EPA dockets, the mail address or other contact system will identify whether the the person listed under FOR FURTHER information in the body of your document is available for viewing in INFORMATION CONTACT. comment. Also, include this contact EPA’s electronic public docket. information on the outside of any disk B. How Can I Get Copies of this Although, not all docket materials may or CD ROM you submit, and in any Document and Other Related be available electronically, you may still cover letter accompanying the disk or Information? access any of the publicly available CD ROM. This ensures that you can be 1. EPA Docket. EPA has established docket materials through the docket identified as the submitter of the an official public docket for this action facility identified in Unit I.B. EPA comment and allows EPA to contact you under docket ID number OPP–2003– intends to work towards providing in case EPA cannot read your comment 0097. The official public docket consists electronic access to all of the publicly due to technical difficulties or needs of the documents specifically referenced available docket materials through further information on the substance of in this action, any public comments EPA’s electronic public docket. your comment. EPA’s policy is that EPA received, and other information related For public commenters, it is will not edit your comment, and any to this action. Although, a part of the important to note that EPA’s policy is identifying or contact information official docket, the public docket does that public comments, whether provided in the body of a comment will not include Confidential Business submitted electronically or on paper, be included as part of the comment that Information (CBI) or other information will be made available for public is placed in the official public docket, whose disclosure is restricted by statute. viewing in EPA’s electronic public and made available in EPA’s electronic The official public docket is the docket as EPA receives them and public docket. If EPA cannot read your collection of materials that is available without change, unless the comment comment due to technical difficulties for public viewing at the Public contains copyrighted material, CBI, or and cannot contact you for clarification, Information and Records Integrity other information whose disclosure is EPA may not be able to consider your Branch (PIRIB), Rm. 119, Crystal Mall restricted by statute. When EPA comment. #2, 1921 Jefferson Davis Hwy., identifies a comment containing i. EPA Dockets. Your use of EPA’s Arlington, VA. This docket facility is copyrighted material, EPA will provide electronic public docket to submit open from 8:30 a.m. to 4 p.m., Monday a reference to that material in the comments to EPA electronically is through Friday, excluding legal version of the comment that is placed in EPA’s preferred method for receiving holidays. The docket telephone number EPA’s electronic public docket. The comments. Go directly to EPA dockets is (703) 305–5805. entire printed comment, including the at http://www.epa.gov/edocket, and 2. Electronic access. You may access copyrighted material, will be available follow the online instructions for this Federal Register document in the public docket. submitting comments. Once in the electronically through the EPA Internet Public comments submitted on system, select ‘‘search,’’ and then key in under the ‘‘Federal Register’’ listings at computer disks that are mailed or docket ID number OPP–2003–0097. The http://www.epa.gov/fedrgstr/. delivered to the docket will be system is an ‘‘anonymous access’’ An electronic version of the public transferred to EPA’s electronic public system, which means EPA will not docket is available through EPA’s docket. Public comments that are know your identity, e-mail address, or electronic public docket and comment mailed or delivered to the docket will be other contact information unless you system, EPA Dockets. You may use EPA scanned and placed in EPA’s electronic provide it in the body of your comment. dockets at http://www.epa.gov/edocket/ public docket. Where practical, physical ii. E-mail. Comments may be sent by to submit or view public comments, objects will be photographed, and the e-mail to [email protected], access the index listing of the contents photograph will be placed in EPA’s Attention: Docket ID Number OPP– of the official public docket, and to electronic public docket along with a 2003–0097. In contrast to EPA’s

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electronic public docket, EPA’s e-mail included in the public docket and EPA’s prepared by Interregional Research system is not an ‘‘anonymous access’’ electronic public docket without prior Project 4 (IR-4) and represents the view system. If you send an e-mail comment notice. If you have any questions about of the petitioners. The petition summary directly to the docket without going CBI or the procedures for claiming CBI, announces the availability of a through EPA’s electronic public docket, please consult the person listed under description of the analytical methods EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. available to EPA for the detection and captures your e-mail address. E-mail measurement of the pesticide chemical E. What Should I Consider as I Prepare addresses that are automatically residues or an explanation of why no My Comments for EPA? captured by EPA’s e-mail system are such method is needed. included as part of the comment that is You may find the following placed in the official public docket, and suggestions helpful for preparing your Interregional Research Project 4 (IR-4) made available in EPA’s electronic comments: Syngenta Crop Ptotection Inc. public docket. 1. Explain your views as clearly as iii. Disk or CD ROM. You may submit possible. PP 2E6505, 2E6363, 2E6508, 3E6524, comments on a disk or CD ROM that 2. Describe any assumptions that you 1E6349, 9F5051 and 0F6142 you mail to the mailing address used. This notice is a summary of pesticide identified in Unit I.C.2. These electronic 3. Provide copies of any technical petitions proposing the establishment/ submissions will be accepted in information and/or data you used that amendment of a regulation for residues WordPerfect or ASCII file format. Avoid support your views. of thiamethoxam and its metabolite in the use of special characters and any 4. If you estimate potential burden or or on coffee (imported), pecans, leafy form of encryption. costs, explain how you arrived at the vegetable crop group, head and stem 2. By mail. Send your comments to: estimate that you provide. brassica subgroup, leafy brassica Public Information and Records 5. Provide specific examples to subgroup, succulent beans, stone fruit Integrity Branch (PIRIB) (7502C), Office illustrate your concerns. crop group, sunflower seed, peppermint 6. Make sure to submit your of Pesticide Programs (OPP), tops and spearmint tops. This summary comments by the deadline in this Environmental Protection Agency, 1200 was prepared by the petitioners. notice. Pennsylvania Ave., NW., Washington, EPA has received seven pesticide DC 20460–0001, Attention: Docket ID 7. To ensure proper receipt by EPA, be sure to identify the docket ID number petitions; four from Interregional number OPP–2003–0097. Research Project 4 (IR-4), 681 U.S. 3. By hand delivery or courier. Deliver assigned to this action in the subject Highway #1 South, North Brunswick, NJ your comments to: Public Information line on the first page of your response. 08902–3390, PP 2E6505, 2E6363, and Records Integrity Branch (PIRIB), You may also provide the name, date, 2E6508 and 3E6524 and three from Office of Pesticide Programs (OPP), and Federal Register citation. Syngenta Crop Protection Inc., P.O. Box Environmental Protection Agency, Rm. II. What Action is the Agency Taking? 18300, Greensboro, NC 27419–8300, PP 119, Crystal Mall #2, 1921 Jefferson 0F6142, 1E6349, and 9F5051 proposing, Davis Hwy., Arlington, VA, Attention: EPA has received a pesticide petition pursuant to section 408(d) of the Federal Docket ID number OPP–2003–0097. as follows proposing the establishment Food, Drug, and Cosmetic Act (FFDCA), Such deliveries are only accepted and/or amendment of regulations for 21 U.S.C. 346a(d), to amend 40 CFR during the docket’s normal hours of residues of a certain pesticide chemical 180.565 by establishing a tolerance for operation as identified in Unit I.B.1. in or on various food commodities under section 408 of the Federal Food, residues of the insecticide D. How Should I Submit CBI to the Drug, and Cosmetic Act (FFDCA), 21 thiamethoxam [3-(chloro-5- Agency? U.S.C. 346a. EPA has determined that thiazolyl)methyl]tetrahydro-5-methyl-N- Do not submit information that you this petition contains data or nitro-4H-1,3,5-oxadiazin-4-imine] (CAS consider to be CBI electronically information regarding the elements set Reg. No. 153719–23–4) and its through EPA’s electronic public docket forth in FFDCA section 408(d)(2); metabolite N-(2-chloro-thiazol-5- or by e-mail. You may claim however, EPA has not fully evaluated ylmethyl)-N’-methyl -N’-nitro- information that you submit to EPA as the sufficiency of the submitted data at guanidine) in or on the agricultural CBI by marking any part or all of that this time or whether the data support commodities: information as CBI (if you submit CBI granting of the petition. Additional data A. IR-4 Petitions on disk or CD ROM, mark the outside may be needed before EPA rules on the of the disk or CD ROM as CBI and then petition. l. PP 2E6505 proposes to establish tolerances for stone fruits, group 12 at identify electronically within the disk or List of Subjects CD ROM the specific information that is 0.5 ppm. CBI). Information so marked will not be Environmental protection, 2. PP 2E6363 proposes to establish disclosed except in accordance with Agricultural commodities, Feed tolerances for peppermint and procedures set forth in 40 CFR part 2. additives, Food additives, Pesticides spearmint, tops at 4.0 ppm. In addition to one complete version of and pests, Reporting and recordkeeping 3. PP 2E6508 proposes to establish the comment that includes any requirements. tolerances for beans, succulent at 0.02 information claimed as CBI, a copy of Dated: March 24, 2003. ppm. the comment that does not contain the Debra Edwards, 4. PP 3E6524 proposes to establish information claimed as CBI must be Acting Director, Registration Division, Office tolerances for sunflower, seed at 0.02 submitted for inclusion in the public of Pesticide Programs. ppm. docket and EPA’s electronic public B. Syngenta Petitions docket. If you submit the copy that does Summary of Petition not contain CBI on disk or CD ROM, The petitioner’s summary of the 5. PP 0F6142 proposes to establish mark the outside of the disk or CD ROM pesticide petitions is printed below as tolerances for pecans at 0.02 ppm. clearly that it does not contain CBI. required by FFDCA section 408(d)(3). 6. PP 9F5051 proposes to establish Information not marked as CBI will be The summary of the petitions was tolerances for:

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• Leafy vegetables, group 4 at 2.0 B. Toxicological Profile respectively. The maternal lowest ppm observed adverse effect level (LOAEL) is 1. Acute toxicity. The acute oral LD50 • Head and stem brassica vegetables, for thiamethoxam in the rat is 1,563 200 mg/kg/day based on decreased body subgroup 5A at 1.0 ppm. milligrams/kilogram body weight (mg/ weight, body weight gain and food consumption. The developmental • Leafy brassica vegetables, kg bwt). The acute dermal LD50 of > LOAEL was 750 mg/kg/day based on subgroup 5B at 2.0 ppm. thiamethoxam is 2000 mg/kg bwt. Thiamethoxam is non-toxic at decreased fetal body weight and an 7. PP 1E6349 proposes to establish atmospheric concentrations of 3.72 mg/ increased incidence of skeletal anomalies. tolerances for imported green and L. Thiamethoxam is minimally irritating A prenatal developmental study in roasted coffee beans and instant coffee to the eye, non-irritating to skin and is at 0.05 ppm. the rabbit (OPPTS Harmonized not a dermal sensitizer. Guideline 870.3700) resulted in EPA has determined that the petitions In an acute neurotoxicity screening maternal and developmental NOAELs of contain data or information regarding study in rats (OPPTS Harmonized 50 mg/kg/day. The maternal and the elements set forth in section Guideline 870.6200), the no observed developmental LOAEL is 150 mg/kg/ 408(d)(2) of the FFDCA; however, EPA aderse affect level (NOAEL) was 100 day. The maternal LOAEL is based on has not fully evaluated the sufficiency mg/kg/day with a NOAEL of 500 mg/kg/ maternal deaths, hemorrhagic discharge, of the submitted data at this time or day based on drooped palpebral closure, decreased body weight and food intake whether the data support granting of the decrease in rectal temperature and during the dosing period. The petitions. Additional data may be locomotor activity and increase in developmental LOAEL is based on needed before EPA rules on the forelimb grip strength (males only). At decreased fetal body weights, increased petitions. higher dose levels, mortality, abnormal incidence of post-implantation loss and body tone, ptosis, impaired respiration, A. Residue Chemistry a slight increase in the incidence of a tremors, longer latency to first step in few skeletal anomolies/variations. 1. Plant metabolism. The primary the open field, crouched over posture, In a reproduction and fertility effects metabolic pathways of thiamethoxam in gait impairment, hypo-arousal, study in rats (OPPTS Harmonized plants (corn, rice, pears, and cucumbers) decreased number of rears, Guideline 870.3800), the parental/ were similar to those described for uncoordinated landing during the systemic NOAEL is 1.84 (males), 202.06 animals, with certain extensions of the righting reflex test, slight lacrimation (females) mg/kg/day; the reproductive pathway in plants. Parent compound (females only) and higher mean average NOAEL is 0.61 (males), 202.06 (females) and CGA–322704 were the major input stimulus value in the auditory mg/kg/day and the offspring NOAEL is residues in all crops. The metabolism of startle response test (males only). 61.25 (males), 79.20 (females) mg/kg/ thiamethoxam in plants and animals is 2. Genotoxicty. In gene mutation day. The parental/systemic LOAEL is understood for the purposes of the studies with S. typhimurium and E. coli 61.25 (males), not determined (females) proposed tolerances. Parent (OPPTS Harmonized Guidelines, mg/kg/day based on increased incidence thiamethoxam and the metabolite, 870.5100 and 870.5265), there was no of hyaline change in renal tubules in F0 CGA–322704, are the residues of evidence of gene mutation when tested and F1 males. The reproductive LOAEL µ concern for tolerance setting purposes. up to 5,000 g/plate and there was no is 1.84 (males), not determined (females evidence of cytotoxicity. 2. Analytical method. Syngenta Crop ) mg/kg/day based on increased In a gene mutation study with chinese incidence and severity of tubular Protection Inc. has submitted practical hamster V79 cells at hypoxanthine analytical methodology for detecting atrophy observed in testes of the F1 guanine phophoribosyl transferase generation males. The offspring LOAEL and measuring levels of thiamethoxam (HGPRT) focus (OPPTS Harmonized in or on raw agricultural commodities. is 158.32 (males), 202.06 (females) mg/ Guideline 870.5300) there was no kg/day based on reduced body weight The method is based on crop specific evidence of a gene mutation when gain during the lactation period in all cleanup procedures and determination tested up to the solubility limit. litters. by liquid chromatography with either In a CHO cell cytogenetics study 4. Subchronic toxicity. A 90–day oral ultraviolet (UV) or mass spectroscopy (OPPTS Harmonized Guideline toxicity study in rats (OPPTS (MS) detection. The limit of detection 870.5375) there was no evidence of Harmonized Guideline 870.3100) (LOD) for each analyte of this method is chromosomal aberrations when tested resulted in a NOAEL of 1.74 males and 1.25 nanogram (ng) injected for samples up to cytotoxic or solubility limit 92.5 (females) mg/kg/day. The LOAEL is analyzed by UV and 0.25 ng injected for concentrations. 17.64 (male) and 182.1 (female) mg/kg/ samples analyzed by MS, and the limit An in vivo mouse bone marrow day based on increased incidence of of quantitation (LOQ) is 0.005 ppm for micronucleus study (OPPTS hyaline change of renal tubules milk and juices and 0.01 ppm for all Harmonized Guideline 870.5395) was epithelium (males), fatty change in other substrates. negative when tested up to levels of adrenal gland of females, liver changes 3. Magnitude of residues. IR-4 has toxicity in whole animals; however, in females, all at the LOAEL. submitted complete residue data for there was no evidence of target cell A 90–day oral toxicity study in mice thiamethoxam on succulent beans, cytotoxicity. An unscheduled DNA (OPPTS Harmonized Guideline sunflower seed, peppermint and synthesis (UDS) assay (OPPTS 870.3100) resulted in an NOAEL of 1.41 spearmint tops and stone fruits. Harmonized Guideline 870.5550) was (males) and 19.2 (females) mg/kg/day. Syngenta has submitted complete negative when tested up to precipitating The LOAEL was 14.3 (male) and 231 residue data for the proposed imported concentrations. (female) mg/kg/day based on increased coffee, pecan, leafy vegetable, head and 3. Reproductive and developmental incidence of hepatocellular stem brassica vegetables, leafy brassica toxicity. A prenatal developmental hypertrophy. At higher dose levels: vegetables. Details of the Syngenta study in the rat (OPPTS Harmonized Decrease in body weight and body residue data on these crops were Guideline 870.3700) resulted in weight gain, necrosis of individual provided in previously published maternal and developmental NOAELs of hepatocytes, pigmentation of Kupffer Notices of Filing. 30 mg/kg/day and 200 mg/kg/day, cells, and lymphocytic infiltration of the

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liver in both sexes; slight hematologic deposition, foci of cellualr alteration, have been determined to be parent effects and decreased absolute and hyperplasia of kupffer cells and thiamethoxam and its metabolite N-(2- relative kidney weights in males; and increased mitotic activity, also an chloro-thiazol-5-ylmethyl)-N’methyl-N- ovarian atrophy, decreased ovary and increase in the incidence of nitro-guanidine. spleen weights and increased liver hepatocellular adenoma (both sexes). At 7. Metabolite toxicology. For risk weights in females. higher doses, there was an increase in assessment purposes, residues of the In a 90–day oral toxicity study in dogs the incidence of hepatocelluar metabolite corrected for molecular (OPPTS Harmonized Guideline adenocarcinoma (both sexes) and the weight are considered to be 870.3150), the NOAEL is 8.23 (males) number of animals with multiple toxicologically equivalent to parent and 9.27 (females) mg/kg/day. The tumors, evidence of carcinogenicity. thiamethoxam. LOAEL is 32.0 (male) and 33.9 (female) In a combined chronic C. Aggregate Exposure mg/kg/day based on slightly prolonged caricinogenicity study in rats (OPPTS prothrombin times and decreased Harmonized Guideline 870.4300) the 1. Dietary exposure. Permanent plasma albumin and A/G ration (both NOAEL was 21.0 (male) and 50.3 tolerances have been established (40 sexes); decreased calcium levels and (female) mg/kg/day. The LOAEL was CFR 180.565) for the combined residues ovary weights and delayed maturation 63.0 (male) and 255 (female) mg/kg/day of the insecticide thiamethoxam, 3-[(2- in the ovaries (female); decreased based on increased incidence of chloro-5-thiazolyl)methyl]tetrahydro-5- cholesterol and phospholipid levels, lymphocytic infiltration of the renal methyl-N-nitro-4H-1,3,5-oxadiazin-4- testis weights, spermatogenesis, and pelvis and chronic nephropathy in imine and its metabolite N-(2-chloro- spermatic giant cells in testes (male). males and decreased body weight gain, thiazol-5-ylmethyl)-N’-methyl-N-nitro- In a 28–day dermal study in rats slight increase in the severity of guanidine, in or on a variety of raw (OPPTS Harmonized Guideline hemosiderosis of the spleen, foci of agricultural commodities levels ranging 870.3200), the NOAEL was 250 (male) cellular alteration in liver and chronic from 0.02 parts per million (ppm) to 1.5 and 60 (female) mg/kg/day. The LOAEL tubular lesions in kidney in females. No ppm (including barley, canola, corn, was 1,000 (male) and 250 (female) mg/ evidence of carcinogenicity. cotton, sorghum, wheat, cucurbit kg/day based on increased plasma In a hepatic cell proliferation study in vegetables, fruiting vegetables, pome glucose, triglyceride levels, and alkaline mice, the NOAEL was 16 (male) and 20 fruits, tuberous and corm vegetables and phosphatase activity and inflammatory (female) mg/kg/day. The LOAEL was 72 livestock commodities). cell infiltration in the liver and necrosis (male) and 87 (female) mg/kg/day based Pending tolerances include coffee if single hepatocytes in females and on proliferative activity of hepatocytes. (imported), grapes, raisins, grape juice, hyaline change in renal tubules and a At higher dose levels, increases in pecans, sunflower seed, stone fruits, very slight reduction in body weight in absolute and relative liver weights, succulent beans, peppermint and males. At higher dose levels in females, speckled liver, heptocellular spearmint tops, head and stem brassica, chronic tubular lesions in the kidneys glycogenesis/fatty change, heptocellular leafy brassica greens and leafy and inflammatory cell infiltration in the necrosis, apoptosis and pigmentation vegetables. adrenal cortex were observed. were observed. Tier III chronic and Tier I acute In a subchronic neurotoxicity In a 28–day feeding study to assess dietary exposure evaluations were made screening study in rats (OPPTS replicative DNA synthesis in the male using the Dietary Exposure Evaluation Harmonized Guideline 870.6200) the rat, the NOAEL was 711 mg/kg/day. The Model (DEEMTM), version 7.76 from NOAEL was 95.4 (male) and 216.4 LOAEL was not established. Exponent. All processing factors were (female) mg/kg/day, both at highest dose Immunohistochemical staining of liver taken from the EPA assessment of tested. The LOAEL was not determined. sections from control and high dose August 28, 2000 (DP Barcode D268606, No treatment related observations at any animals for proliferating cell nuclear PC Code 060109). These assessment dose level. LOAEL was not achieved. antigen gave no indication for a results include all current tolerances May not have been tested at sufficiently treatment related increase in the fraction and the proposed tolerances on stone high dose levels; however, a new study of DNA syntesizing hepatocytes in S- fruit, mint, succulent beans, sunflower is not required because the weight of the phase. CGA–293343 did not stimulate seed, pecans, leafy vegetables, leafy evidence from other toxicity studies hepatocyte cell proliferation in male brassica vegetables, brassica head and indicates no evidence of concern. rats. stem vegetables and imported coffee. 5. Chronic toxicity. In a chronic In a special study to assess liver For the Tier I acute assessment, the toxicity study in dogs (OPPTS biochemistry in the mouse, the NOAEL proposed tolerance residues for these Harmonized Guideline 870.4100) the was 17 (male) and 92 (female) mg/kg/ commodities (stone fruit, 0.5 ppm; mint, NOAEL was 4.05 (male) and 4.49 day. The LOAEL was 74 (male), 92 4.0 ppm; succulent beans, 0.02 ppm; (female) mg/kg/day. The LOAEL was (female) mg/kg/day based on marginal sunflower seed, 0.02 ppm; pecans, 0.02 21.0 (male) and 24.6 (female) mg/kg/day to slight increases in absolute and ppm; leafy vegetables, 2.0 ppm; leafy based on increase of creatinine in both relative liver weights, a slight increase brassica vegetables, 2.0 ppm; brassica sexes, transient decrease in food in the microsomal protein content of the head and stem vegetables, 1.0 ppm; and consumption in females, and occasional livers, moderate increases in the imported coffee, 0.05 ppm) were used increase in urea levels, decrease in ALT, cytochrome P450 content, slight to along with the published tolerances for and atrophy of seminiferous tubules in moderate increases in the activity of all other commodities. One hundred males. several microsomal enzymes, slight to percent of crop treated was assumed for In a mouse carcinogenicity study moderate induction of cytosolic all commodities in the acute (OPPTS Harmonized Guideline glutathionw S-transfersase activity. assessment. 870.4200), the NOAEL was 2.63 (male) Treatment did not affect peroxisomal In the chronic assessments, residue and 3.68 (female) mg/kg/day. The fatty acid B-oxidation. values for secondary animal LOAEL was 63.8 (male) and 87.6 6. Animal metabolism. The commodities, pome fruits, ginger, (female) mg/kg/day based on hepatocyte metabolism of thiamethoxam in rats and turmeric, peppers, potatoes, wheat and hypertrophy, single cell necrosis, livestock animals is adequately barley were taken from the EPA inflammatory cell infiltration, pigment understood. The residues of concern assessment of August 28, 2000 which

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uses average field trial residue data with treated values. The Tier III chronic heptocellular tumors in mice in an 18– c LOQ substitutions for all non- assessments utilized the residue and month carcinogenicity study. Lifetime detectable residues. In addition, a percent of crop treated values described exposure to the U.S. population resulted residue value of 0.011 ppm (c LOQ) and above. in a lifetime risk of 8.17 x 10-7 which a percent crop treated value of 6.6% a. Acute exposure. An acute reference represents 81.7% of EPA’s lifetime risk were used for all corn commodities. For dose of 0.10 mg/kg bwt/day for all limit of 1.0 x 10-6. the remaining registered and the population subgroups was based on a ii. Drinking water. EPA used the proposed commodities listed above, the NOAEL of 100 mg/kg bwt/day from an Pesticide Root Zone/Exposure Analysis following residue data was used in the acute neurotoxicity study in rats and an Modeling System (PRZM/EXAMS) to DEEMTM: Cucurbit, leafy and brassica uncertainty factor of 100X (100X for estimate pesticide concentrations in vegetables and tomatoes - average field combined interspecies and intraspecies surface water and SCI-GROW, which trial residues from soil-only application variability). An additional Food Quality predicts pesticide concentrations in residue studies; stone fruits, mint, Protection Act (FQPA) safety factor of ground water. None of these models succulent beans, sunflower seed, and 10X was applied to all population include consideration of the impact coffee - average field trial residue data subgroups due to the absence of a processing (mixing, dilution, or with c LOQ substitutions for non- developmental neurotoxicity study. For treatment) of raw water for distribution detectable residues; and pecans - the the purpose of aggregate risk as drinking water would likely have on proposed tolerance. assessment, the exposure value was the removal of pesticides from the In regard to the cucurbit vegetables expressed in terms of margin of source water. The primary use of these and tomatoes, the current tolerances are exposure (MOE). The MOE was models by the Agency at this stage is to based upon soil and foliar uses; calculated by dividing the NOAEL by provide a coarse screen for sorting out however, Syngenta is currently limiting the exposure for each population pesticides for which it is highly unlikely the use of thiamethoxam in these crops subgroup. In addition, exposure was that drinking water concentrations to soil only applications - thus, the expressed as a percent of the acute would ever exceed human health levels refinement in DEEMTM inputs described reference dose (%aRfD). Acute exposure of concern. Based on the SCI-GROW and above. Likewise, the proposed to the most exposed subpopulation PRZM/EXAMS models, EPA calculated tolerances on leafy vegetables, leafy (children 1–6 years old) resulted in a that estimated environmental brassica vegetables and head and stem MOE of 6,452 (15.5% of the aRfD of 0.10 concentrations of thiamethoxam at the brassica vegetables are based upon soil mg/kg/ bwt/day) at the 95th percentile of highest use rate (0.125 lb a.i./acre) are and foliar applications of exposure. Since the benchmark MOE for 1.9 parts per billion (ppb) for acute and thiamethoxam; however, Syngenta is this assessment was 1,000, and since chronic exposure to ground water and currently pursuing only the soil EPA generally has no concern for 11.4 ppb and 0.77 ppb for acute and application use - thus, the refinement of exposures below 100% of the aRfD, chronic exposure, respectively, to DEEM inputs described above. Syngenta Syngenta believes that there is a surface water. Based on field and will pursue foliar applications for these reasonable certainty that no harm will laboratory data as well as on going crops at a later date; therefore, the result from acute dietary (food) prospective ground water monitoring proposed and current tolerances on exposure to residues arising from the studies, Syngenta believes that the these crops remain based upon soil and current and proposed uses for potential exposure to ground water is foliar applications. thiamethoxam chronic exposure. much lower than that predicted by the All consumption data for these b. Chronic exposure. The chronic conservative SCI-GROW model. assessments was taken from the USDA’s reference dose (cRfD) for thiamethoxam Preliminary results from the Continuing Survey of Food Intake by is 0.0006 mg/kg/ bwt/day for all prospective ground water monitoring Individuals (CSFII) with the 1994–96 population subgroups and is based on a studies have indicated no detections of consumption data base and the NOAEL of 0.6 mg/kg/bwt/day from a thiamethoxam in ground water. EPA supplemental CSFII children’s survey two generation rat reproduction study. determined estimated environmental (1998) consumption data base. For the An uncertainty factor of 100X (for concentrations (EECs) are used for chronic assessments, the following combined interspecies and intraspecies comparison to Drinking Water Levels of percent of crop treated values were used variability) and an additional FQPA Comparison (DWLOC). for the proposed uses: Coffee, 16.7%; safety factor of 10X was applied due to a. Acute drinking water risk. Acute sunflower, 15%; mint, 10%; leaf lettuce, evidence of increased susceptibility to DWLOCs were calculated based on an 24.6%; head lettuce, 32%; spinach and young rats following prenatal/postnatal acute populated adjusted dose (aPAD) of cress, 15.6%; all other leafy vegetables, exposure. Exposure was expressed as 0.1 mg/kg/day. For the acute 19.4%; broccoli, 26.2%, cabbage, 15.3%; MOE and percent of the reference dose assessment, the children (1–6 yrs) all other brassica vegetables 17.2%; (%RfD). Chronic exposure to the most subpopulation generated the lowest beans, 20%; stone fruits, 15%; and exposed subpopulation (non-nursing acute DWLOC of approximately 845 pecans, 100%. A percent crop treated infants) resulted in a MOE of 11,538 ppb. EPA has determined that the value of 5% was used for apples and a (8.6% of the cRfD of 0.0006 mg/kg/bw/ surface water acute EEC is 11.4 ppb and value of 6.6% was used for all corn day). Since the benchmark MOE for this the ground water EEC is 1.9 ppb. Since commodities. All other percent of crop assessment was 1,000 and since EPA the surface water value is greater than treated values were taken from the generally has no concern for exposures the ground water value, the surface August 28, 2000 EPA assessment. below 100% of the RfD, Syngenta water value will be used for comparison i. Food. For the purposes of assessing believes that there is a reasonable purposes and will protect for any the potential dietary exposure under the certainty that no harm will result from concerns for ground water proposed tolerances, Syngenta Crop chronic dietary (food) exposure to concentrations. Since the acute DWLOC Protection has estimated aggregate residues arising from the current and of 845 ppb is considerably higher than exposure from all crops for which proposed uses for thiamethoxam. the acute EEC of 11.4 ppb, Syngenta tolerances are established or proposed. c. Lifetime exposure. The Q* value for believes that EPA should not have a The Tier I acute assessment utilized thiamethoxam is 0.0377 (mg/kg/day)-1 concern for acute risk to either surface tolerance values and 100% of crop and is based on benign and malignant or ground water.

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b. Chronic drinking water risk. all drinking water from ground water F. International Tolerances Chronic DWLOCs were calculated based sources. It is likely to be an over There are no codex MRLs established on a cPAD of 0.0006 mg/kg/day. For the estimate of most drinking water for residues of thiamethoxam. chronic assessment, the non-nursing concentrations, which tend to originate [FR Doc. 03–7803 Filed 4–1–03; 8:45 am] infants subpopulation generated the from deeper sources. EPA’s experience lowest chronic DWLOC of is that the model is reasonably accurate BILLING CODE 6560–50–S approximately 5.5 ppb. EPA has for shallow drinking water, but it is less determined that the surface water accurate for estimating concentrations ENVIRONMENTAL PROTECTION chronic EEC is 0.77 ppb and the ground in drinking water from deeper sources. AGENCY water EEC is 1.9 ppb. Since the ground • The Agency has established water value is greater than the surface conditions of registration for the [OPP–2003–0102; FRL–7299–6] water value, the ground water value will previous uses that include two be used for comparison purposes and prospective ground water studies and a Fludioxonil; Notice of Filing Pesticide will protect for any concerns for surface retrospective monitoring study, so that Petitions to Establish a Tolerance for water concentrations. Since the chronic the reasonable certainty of no harm a Certain Pesticide Chemical in or on DWLOC of 5.5 ppb is higher than the finding will be sustained. Preliminary Food chronic EEC of 1.9 ppb, Syngenta results have indicated no detections of AGENCY: Environmental Protection believes that EPA should not have a thiamethoxam in ground water. Agency (EPA). concern for chronic risk to either surface • The dietary food risk is based on ACTION: Notice. or ground water. residue data derived from the average of c. Lifetime drinking water risk. Based field trials, which were performed at a SUMMARY: This notice announces the on currently registered and proposed higher application rate than what was initial filing of a pesticide petition uses for thiamethoxam, Syngenta has accepted by EPA. It is not unusual in proposing the establishment of determined a DWLOC of 2.0 ppb. At the the Agency’s experience for field trial regulations for residues of a certain currently registered maximum use rate data to be an order of magnitude above pesticide chemical in or on various food of 0.125 lbs. a.i. per acre per growing actual monitoring. Since thiamethoxam commodities. season, EPA has used the SCI-GROW has only recently been registered, actual DATES: Comments, identified by docket model to predict a ground water EEC of monitoring data are not yet available. It ID number OPP–2003–0102, must be 1.9 ppb. Thus, the ground water EEC is is likely that the actual risk contribution received on or before May 2, 2003. below the lifetime DWLOC for the from food will be much lower than general population. The Agency used a current data indicate, which would ADDRESSES: Comments may be screening level model designed to result in a larger lifetime DWLOC. submitted electronically, by mail, or estimate pesticide concentrations in Syngenta expects that this refined through hand delivery/courier. Follow shallow ground water. A number of lifetime DWLOC would be larger than the detailed instructions as provided in factors demonstrate that the actual the EECs for the proposed uses. Based Unit I.C. of the SUPPLEMENTARY lifetime exposure through drinking on the previous points, Syngenta does INFORMATION. water will be less than the lifetime not expect that the general population FOR FURTHER INFORMATION CONTACT: DWLOC. These reasons are as follows: would be exposed to levels exceeding Sidney Jackson, Registration Division • Thiamethoxam is a systemic the lifetime DWLOC. (7505C), Office of Pesticide Programs, pesticide. EPA’s Tier I ground water 2. Non-dietary exposure. Environmental Protection Agency, 1200 model assumes that all of the product Thiamethoxam is not currently Pennsylvania Ave., NW., Washington, that is applied to the crop is available registered for use on any sites that DC 20460–0001; telephone number: for run off. Syngenta has submitted data would result in residential exposure. (703) 305–7610; e-mail address: to show that a percentage (15–25%) of [email protected]. the product is absorbed by the plant, D. Cumulative Effects resulting in that much less product The potential for cumulative effects of SUPPLEMENTARY INFORMATION: available to leach into ground water. thiamethoxam and other substances that I. General Information Although, data submitted is on only two have a common mechanism of toxicity crops (beans and cucumbers), it is likely has also been considered. A. Does this Action Apply to Me? that the total amount of thiamethoxam Thiamethoxam belongs to a new You may be potentially affected by available for ground water leaching is pesticide chemical class known as the this action if you are an agricultural less than the amount EPA uses as a neonicotinoids. There is no reliable producer, food manufacturer, or model input. information to indicate that toxic effects pesticide manufacturer. The North • Although, the Agency model is produced by thiamethoxam would be American Industrial Classification based on aerobic soil half lives, EPA’s cumulative with those of any other System (NAICS) codes have been lifetime risk assessment is for lifetime chemical including another pesticide. provided to assist you and others in exposure. Data indicate the anaerobic Therefore, Syngenta believes it is determining whether this action might aquatic half-life for thiamethoxam is appropriate to consider only the apply to certain entities. Potentially shorter than the aerobic soil half-life potential risks of thiamethoxam in an affected entities may include, but are and longer than the aerobic aquatic half- aggregate risk assessment. not limited to: life. Although, EPA is unable to predict, • Crop production (NAICS 111) with a high degree of certainty, what E. Safety Determination • Animal production (NAICS 112) happens to thiamethoxam ground water Syngenta concludes, as described • Food manufacturing (NAICS 311) over time, this does provide some above, that there is reasonable certainty • Pesticide manufacturing (NAICS support for the expectation that that no harm to the U.S. population will 32532) concentrations in ground water will result from aggregate acute or chronic This listing is not intended to be decline between annual applications. dietary exposure to thiamethoxam exhaustive, but rather provides a guide • Shallow ground water modeling is residues including the proposed for readers regarding entities likely to be not the perfect model for representing commodities. affected by this action. Other types of

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entities not listed in this unit could also available in EPA’s electronic public unit, EPA recommends that you include be affected. If you have any questions docket. When a document is selected your name, mailing address, and an e- regarding the applicability of this action from the index list in EPA Dockets, the mail address or other contact to a particular entity, consult the person system will identify whether the information in the body of your listed under FOR FURTHER INFORMATION document is available for viewing in comment. Also include this contact CONTACT. EPA’s electronic public docket. information on the outside of any disk Although not all docket materials may or CD ROM you submit, and in any B. How Can I Get Copies of this be available electronically, you may still cover letter accompanying the disk or Document and Other Related access any of the publicly available CD ROM. This ensures that you can be Information? docket materials through the docket identified as the submitter of the 1. Docket. EPA has established an facility identified in Unit I.B. EPA comment and allows EPA to contact you official public docket for this action intends to work towards providing in case EPA cannot read your comment under docket identification (ID) number electronic access to all of the publicly due to technical difficulties or needs OPP–2003–0102. The official public available docket materials through further information on the substance of docket consists of the documents EPA’s electronic public docket. your comment. EPA’s policy is that EPA specifically referenced in this action, For public commenters, it is will not edit your comment, and any any public comments received, and important to note that EPA’s policy is identifying or contact information other information related to this action. that public comments, whether provided in the body of a comment will Although a part of the official docket, submitted electronically or in paper, be included as part of the comment that the public docket does not include will be made available for public is placed in the official public docket, Confidential Business Information (CBI) viewing in EPA’s electronic public and made available in EPA’s electronic or other information whose disclosure is docket as EPA receives them and public docket. If EPA cannot read your restricted by statute. The official public without change, unless the comment comment due to technical difficulties docket is the collection of materials that contains copyrighted material, CBI, or and cannot contact you for clarification, is available for public viewing at the other information whose disclosure is EPA may not be able to consider your Public Information and Records restricted by statute. When EPA comment. Integrity Branch (PIRIB), Rm. 119, identifies a comment containing i. EPA Dockets. Your use of EPA’s Crystal Mall #2, 1921 Jefferson Davis copyrighted material, EPA will provide electronic public docket to submit Hwy., Arlington, VA. This docket a reference to that material in the comments to EPA electronically is facility is open from 8:30 a.m. to 4 p.m., version of the comment that is placed in EPA’s preferred method for receiving Monday through Friday, excluding legal EPA’s electronic public docket. The comments. Go directly to EPA Dockets holidays. The docket telephone number entire printed comment, including the at http://www.epa.gov/edocket, and is (703) 305–5805. copyrighted material, will be available follow the online instructions for 2. Electronic access. You may access in the public docket. submitting comments. Once in the this Federal Register document Public comments submitted on system, select ‘‘search,’’ and then key in electronically through the EPA Internet computer disks that are mailed or docket ID number OPP–2003–0102. The under the ‘‘Federal Register’’ listings at delivered to the docket will be system is an ‘‘anonymous access’’ http://www.epa.gov/fedrgstr/. transferred to EPA’s electronic public system, which means EPA will not An electronic version of the public docket. Public comments that are know your identity, e-mail address, or docket is available through EPA’s mailed or delivered to the docket will be other contact information unless you electronic public docket and comment scanned and placed in EPA’s electronic provide it in the body of your comment. system, EPA Dockets. You may use EPA public docket. Where practical, physical ii. E-mail. Comments may be sent by Dockets at http://www.epa.gov/edocket/ objects will be photographed, and the e-mail to [email protected], to submit or view public comments, photograph will be placed in EPA’s Attention: Docket ID number OPP– access the index listing of the contents electronic public docket along with a 2003–0102. In contrast to EPA’s of the official public docket, and to brief description written by the docket electronic public docket, EPA’s e-mail access those documents in the public staff. system is not an ‘‘anonymous access’’ docket that are available electronically. system. If you send an e-mail comment Although not all docket materials may C. How and to Whom Do I Submit directly to the docket without going be available electronically, you may still Comments? through EPA’s electronic public docket, access any of the publicly available You may submit comments EPA’s e-mail system automatically docket materials through the docket electronically, by mail, or through hand captures your e-mail address. E-mail facility identified in Unit I.B.1. Once in delivery/courier. To ensure proper addresses that are automatically the system, select ‘‘search,’’ then key in receipt by EPA, identify the appropriate captured by EPA’s e-mail system are the appropriate docket ID number. docket ID number in the subject line on included as part of the comment that is Certain types of information will not the first page of your comment. Please placed in the official public docket, and be placed in the EPA Dockets. ensure that your comments are made available in EPA’s electronic Information claimed as CBI and other submitted within the specified comment public docket. information whose disclosure is period. Comments received after the iii. Disk or CD ROM. You may submit restricted by statute, which is not close of the comment period will be comments on a disk or CD ROM that included in the official public docket, marked ‘‘late.’’ EPA is not required to you mail to the mailing address will not be available for public viewing consider these late comments. If you identified in Unit I.C.2. These electronic in EPA’s electronic public docket. EPA’s wish to submit CBI or information that submissions will be accepted in policy is that copyrighted material will is otherwise protected by statute, please WordPerfect or ASCII file format. Avoid not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do the use of special characters and any docket but will be available only in not use EPA Dockets or e-mail to submit form of encryption. printed, paper form in the official public CBI or information protected by statute. 2. By mail. Send your comments to: docket. To the extent feasible, publicly 1. Electronically. If you submit an Public Information and Records available docket materials will be made electronic comment as prescribed in this Integrity Branch (PIRIB) (7502C), Office

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of Pesticide Programs (OPP), 6. Make sure to submit your Highway #1 South, North Brunswick, NJ Environmental Protection Agency, 1200 comments by the deadline in this 08902–3390 proposing, pursuant to Pennsylvania Ave., NW., Washington, notice. section 408(d) of the Federal Food, DC 20460–0001, Attention: Docket ID 7. To ensure proper receipt by EPA, Drug, and Cosmetic Act (FFDCA), 21 number OPP–2003–0102. be sure to identify the docket ID number U.S.C. 346a(d), to amend 40 CFR 3. By hand delivery or courier. Deliver assigned to this action in the subject 180.516 by establishing tolerances for your comments to: Public Information line on the first page of your response. residues of fludioxonil, 4-(2,2-difluoro- and Records Integrity Branch (PIRIB), You may also provide the name, date, 1,3-benzodioxol-4-yl)-H-pyrrole-3- Office of Pesticide Programs (OPP), and Federal Register citation. carbonitrile, in or on the following raw Environmental Protection Agency, Rm. II. What Action is the Agency Taking? agricultural commodities: 119, Crystal Mall #2, 1921 Jefferson 1. PP 2E6486 proposes tolerances as Davis Hwy., Arlington, VA, Attention: EPA has received a pesticide petition follows: Docket ID number OPP–2003–0102. as follows proposing the establishment • Brassica, head and stem subgroup Such deliveries are only accepted and/or amendment of regulations for 5a at 1.5 parts per million (ppm). during the docket’s normal hours of residues of a certain pesticide chemical • Brassica, leafy greens subgroup 5b operation as identified in Unit I.B.1. in or on various food commodities at 9.0 ppm. under section 408 of the Federal Food, • Turnip, greens at 9.0 ppm. D. How Should I Submit CBI to the Drug, and Cosmetic Act (FFDCA), 21 2. PP 2E6462 proposes a tolerance for Agency? U.S.C. 346a. EPA has determined that carrot at 0.5 ppm. Do not submit information that you this petition contains data or 3. PP 3E6526 proposes a tolerance for consider to be CBI electronically information regarding the elements set herb subgroup 19a at 33.0 ppm. through EPA’s electronic public docket forth in FFDCA section 408(d)(2); 4. PP 2E6448 proposes a tolerance for or by e-mail. You may claim however, EPA has not fully evaluated the following: information that you submit to EPA as the sufficiency of the submitted data at • Longan at 2.0 ppm. CBI by marking any part or all of that this time or whether the data support • Lychee at 2.0 ppm. information as CBI (if you submit CBI granting of the petition. Additional data • Pulasan at 2.0 ppm. on disk or CD ROM, mark the outside may be needed before EPA rules on the • Rambutan at 2.0 ppm. • of the disk or CD ROM as CBI and then petition. Spanish lime at 2.0 ppm. identify electronically within the disk or Pending PP 3E6526 proposes a List of Subjects CD ROM the specific information that is tolerance for herb subgroup 19a at 33.0 CBI). Information so marked will not be Environmental protection, ppm. A tolerance currently exist for disclosed except in accordance with Agricultural commodities, Feed fludioxonil on herbs and spices at 0.02 procedures set forth in 40 CFR part 2. additives, Food additives, Pesticides ppm (40 CFR 180.516). This notice In addition to one complete version of and pests, Reporting and recordkeeping proposes amending 40 CFR 180.516 as the comment that includes any requirements. follows: 1. Delete existing herbs and spices information claimed as CBI, a copy of Dated: March 25, 2003. tolerance of 0.02 ppm and establish a the comment that does not contain the Debra Edwards, information claimed as CBI must be seperate herb subgroup 19a tolerance at Director, Registration Division, Office of 33.0 ppm. submitted for inclusion in the public Pesticide Programs. docket and EPA’s electronic public 2. Establish a seperate spice subgroup docket. If you submit the copy that does Summary of Petitions 19b tolerance at 0.02 ppm. As the result of this proposed not contain CBI on disk or CD ROM, The petitioner’s summary of the amendment, the pending herb subgroup mark the outside of the disk or CD ROM pesticide petitions is printed below as 19a tolerance at 33.0 ppm precludes the clearly that it does not contain CBI. required by FFDCA section 408(d)(3). need for the existing herbs tolerance of Information not marked as CBI will be The summary of the petitions was 0.02 ppm. Moreover, the existing spices included in the public docket and EPA’s prepared by the petitioner and tolerance of 0.02 ppm is changed to electronic public docket without prior represents the views of the petitioner. spice subgroup 19b at 0.02 ppm. notice. If you have any questions about The petition summary announces the Additional data may be needed before CBI or the procedures for claiming CBI, availability of a description of the EPA rules on the petitions. Syngenta please consult the person listed under analytical methods available to EPA for Crop Protection, Inc., Greensboro, NC FOR FURTHER INFORMATION CONTACT. the detection and measurement of the 27409 is the manufacturer of the pesticide chemical residues or an E. What Should I Consider as I Prepare chemical pesticide, fludioxinil. explanation of why no such method is My Comments for EPA? Syngenta prepared and submitted the needed. The Interregional Research following summary of information, data, You may find the following Project Number 4 (IR-4) prepared and and arguments in support of the suggestions helpful for preparing your submitted the pesticide petitions to EPA pesticide petitions. This summary does comments: on behalf of Syngenta Crop Protection, not necessarily reflect the findings of 1. Explain your views as clearly as Inc., the registrant. possible. EPA. 2. Describe any assumptions that you Interregional Research Project Number A. Residue Chemistry used. 4 3. Provide copies of any technical 1. Plant metabolism. The metabolism PP 2E6486, 2E6462, 3E6526, and information and/or data you used that of fludioxonil is adequately understood 2E6448 support your views. for the purpose of the proposed 4. If you estimate potential burden or EPA has received pesticide petitions tolerances. costs, explain how you arrived at the 2E6486, 2E6462, 3E6526, and 2E6448, 2. Analytical method. Syngenta has estimate that you provide. from the IR-4 Project, Center for Minor developed and validated analytical 5. Provide specific examples to Crop Pest Management, Rutgers, The methodology for enforcement purposes. illustrate your concerns. State University of New Jersey, 681 U.S. This method (Syngenta Crop Protection

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Method AG-597B) has passed an Agency lime. Secondary residues in animal assessment, the exposure values were petition method validation for several commodities were estimated based on expressed in terms of MOE which was commodities and is currently the theoretical worst-case, yet nutritionally calculated by dividing the NOAEL by enforcement method for fludioxonil. adequate animal diets and transfer the exposure for each population This method has also been forwarded to information from feeding studies. subgroup. In addition, exposure was the Food and Drug Administration for i. Food. For the purposes of assessing expressed as a percent of the RfD. inclusion into PAM II. An extensive the potential dietary exposure under the Chronic exposure to the most exposed data base of method validation data proposed tolerances, Syngenta Crop subpopulation (children 1 and 2 years using this method on various crop Protection has estimated aggregate old) resulted in a MOE of 2,668 (3.75%) commodities is available. exposure from all crops for which of the cRfD of 0.033 mg/kg bwt/day. 3. Magnitude of residues. Complete tolerances are established or proposed. Since the benchmark MOE for this residue data for Brassica, head and stem These assessments utilized residue data assessment was 100 and since EPA (subgroup 5e.c.), Brassica leafy greens from field trials where fludioxonil was generally has no concern for exposures (subgroup 5e.c.), turnip, greens, herb applied at the maximum intended use below 100% of the RfD, Syngenta (subgroup 19e.c.), and lychee, longan, rate and samples were harvested at the believes that there is a reasonable rambutan, pulasan, and Spanish lime minimum pre-harvest interval (PHI) to certainty that no harm will result from have been submitted. The requested obtain maximum residues. Percent of dietary (food) exposure to residues tolerances are adequately supported by crop treated (PCT) values were arising from the current and proposed field research data. estimated based upon economic, pest uses for fludioxonil. and competitive pressures. The values iv. Drinking water. Another potential B. Toxicological Profile used in these assessments were: All source of exposure of the general An assessment of toxic effects caused seed treatment uses, 100%; apricots and population to residues of fludioxonil are by fludioxonil is discussed in Unit III.A. pistachios, 10%; cherries, 16%; residues in drinking water. Fludioxonil and Unit III.B. of the Federal Register of nectarines, 49%; onions, 9%; peaches, rapidly degrades via photolysis on the August 2, 2002 (67 FR 50354) (FRL– 22%; plums, 25%; other stone fruit, soil surface and in water. The half-lives 7188–7). 20%; strawberries, 42%; watercress, are 1 day and 10 days, respectively. This 1. Animal metabolism. The 95%; berries, 13%; salal, 13%; herbs, potential for rapid degradation reduces metabolism of fludioxonil in rats is 80%; crop group 5e.c. and 5e.c., carrots, the potential for ground water or surface adequately understood. and lychee, turnips and longan 10%. 2. Metabolite toxicology. The residues ii. Acute exposure. An acute reference water exposure. Fludioxonil soil/ of concern for tolerance setting purposes dose (aRfD) of 1.0 milligram/kilogram solution partition coefficients vary from is fludioxonil, the parent compound. body weight (mg/kg/bwt) day for the 991 to 2,440 indicating a relatively high Consequently, there is no additional females 13–50 years subpopulation only affinity for binding to soil. Estimated concern for toxicity of metabolites. was based on a no observed adverse Environmental Concentrations (EECs) of 3. Endocrine disruption. Fludioxonil effect level (NOAEL) of 100 mg/kg/bwt fludioxonil in drinking water were does not belong to a class of chemicals day from a rat teratology study and an determined for the highest use rate of known for having adverse effects on the uncertainty factor of 100X. No fludioxonil (turfgrass use). Sceening endocrine system. No estrogenic effects additional FQPA safety factor was Concentration in Ground Water (SCI- have been observed in the various short- applied. For the purpose of aggregate GROW) (Version 2.2) was used to term and long-term studies conducted risk assessment, the exposure value was determine acute and chronic ECCs in with various mammalian species. expressed in terms of margin of ground water and FQPA Index Reservior Screening Tool (FIRST) (Version 1.0) C. Aggregate Exposure exposure (MOE) which was calculated by dividing the NOAEL by the exposure was used to determine acute and 1. Dietary exposure. A Tier III acute for each population subgroup. In chronic estimated environmental and chronic dietary exposure evaluation addition, exposure was expressed as a concentrations in surface water. Based was made using the Dietary Exposure percent of the aRfD. Acute exposure to on the model outputs, the ECCs of Evaluation Model (DEEMTM), version the females 13–50 years subpopulation fludioxonil are 0.174 parts per billion 7.76 from exponent. Empirically derived resulted in a MOE of 9,933 (1.01%) of (ppb) for acute and chronic exposure to processing studies for apple juice the aRfD of the 1.0 mg/kg bwt/day. ground water and 70 ppb and 33 ppb for (0.09X), apple pomace (6.77X), and Since the benchmark MOE for the acute and chronic exposure, grape juice (0.36X) were used in these assessment was 100 and since EPA respectively, to surface water. Acute assessments. The apple juice processing generally has no concern for exposures Drinking Water Levels of Comparison factor was used as a surrogate for pear below 100% of the RfD, Syngenta (DWLOC) were calculated based on an juice and all other processing factors believes that there is a reasonable acute Populated Adjusted Dose (aPAD) used DEEMTM defaults. All certainty that no harm will result from of 1 mg/kg/day. For the acute consumption data for these assessments dietary (food) exposure to residues assessment, the females (13–50 years) were taken from the U.S. Department arising from the current and proposed subpopulation generated an acute Agriculture (USDA) Continuing Survey uses for fludioxonil. DWLOC of approximately 30,000 ppb. of Food Intake by Individuals (CSFII) iii. Chronic exposure. The chronic Thus, the acute DWLOC of 30,000 ppb with the 1994–96 consumption data reference dose (cRfD) for fludioxonil is is considerably higher than the acute base and the Supplemental CSFII 0.033 mg/kg bwt/day and is based on a EEC of 70 ppb. Chronic DWLOC were children’s survey (1998) consumption 1–year study in dogs with a NOAEL of calculated based on a cRfD of 0.033 mg/ data base. These exposure assessments 3.3 mg/kg bwt/day and an Uncertainty kg/day. For the chronic assessment, the included all registered uses and uses Factor (UF) of 100X. No additional Food children 1 and 2 years old proposed in this submission: Brassica, Quality Protection Act (FQPA) safety subpopulation generated the lowest head and stem (subgroup 5e.c.), factor was applied. The fludioxonil Tier chronic DWLOC of approximately 320 Brassica, leafy greens (subgroup 5e.c.), III chronic dietary exposure assessment ppb. Thus, the chronic DWLOC of 320 turnip, greens, carrot, herbs (subgroup was based upon residue field trial ppb is considerably higher than the 19e.c.), lychee, longan, and Spanish results. For the purpose of aggregate risk chronic EEC of 33 ppb.

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2. Non-dietary exposure. There is a less than 30,000 ppb. For the chronic I. General Information potential residential post-application assessment, the children 1 and 2 years A. Does this Action Apply to Me? exposure to adults and children entering old subpopulation generated the lowest residential areas treated with chronic DWLOC of approximately 320 This action is directed to the public fludioxonil. Since the Agency did not ppb. Thus, the chronic DWLOC of 320 in general. This action may, however, be select a short-term endpoint for dermal ppb is considerably higher than the of interest to those persons who are exposure, only intermediate dermal chronic EEC of 33 ppb. Syngenta has interested in agricultural biotechnology exposures were considered. Based on considered the potential aggregate or may be required to conduct testing of the residential use pattern, Syngenta exposure from food, water and non- chemical substances under the Federal believes that no long-term post- occupational exposure routes and Food, Drug, and Cosmetic Act (FFDCA) application residential exposure is concluded that aggregate exposure is not or the Federal Insecticide, Fungicide, expected. expected to exceed 100% of the cRfD and Rodenticide Act (FIFRA). Since 3. Chronic aggregate exposure. Based and that there is a reasonable certainty other entities may also be interested, the on the completeness and reliability of that no harm will result to infants and Agency has not attempted to describe all the toxicity data supporting these children from the aggregate exposure to the specific entities that may be affected petitions, Syngenta believes that there is fludioxonil. by this action. If you have any questions a reasonable certainty that no harm will regarding the applicability of this action result from aggregate exposure to F. International Tolerances to a particular entity, consult the person residues arising from all current and There are no Codex maximum residue listed under FOR FURTHER INFORMATION proposed fludioxonil uses, including levels established for fludioxonil. CONTACT. anticipated dietary exposure from food, [FR Doc. 03–7977 Filed 4–1–03; 8:45 am] B. How Can I Get Copies of this water, and all other types of non- BILLING CODE 6560–50–S Document and Other Related occupational exposures. Information? D. Cumulative Effects ENVIRONMENTAL PROTECTION 1. Docket. EPA has established an Section 408(b)(2)(D)(v) requires that, AGENCY official public docket for this action when considering whether to establish, under docket identification (ID) number modify, or revoke a tolerance, the [OPP–2002–0352; FRL–7286–2] OPP–2002–0352. The official public Agency consider ‘‘available docket consists of the documents information’’ concerning the cumulative Experimental Use Permit; Receipt of specifically referenced in this action, effects of a particular pesticide’s Application any public comments received, and other information related to this action. residues and ‘‘other substances that AGENCY: Environmental Protection have a common mechanism of toxicity.’’ Agency (EPA). Although a part of the official docket, EPA does not have, at this time, the public docket does not include ACTION: available data to determine whether Notice. Confidential Business Information (CBI) fludioxonil has a common mechanism SUMMARY: This notice announces receipt or other information whose disclosure is of toxicity with other substances or how of an application 524–EUP–OA from restricted by statute. The official public to include this pesticide in a cumulative Monsanto Company requesting an docket is the collection of materials that risk assessment. For the purposes of this experimental use permit (EUP) for the is available for public viewing at the tolerance action, EPA has not assumed Bacillus thuringiensis Cry3Bb1 protein Public Information and Records that fludioxonil has a common and the genetic material necessary for Integrity Branch (PIRIB), Rm. 119, mechanism of toxicity with other its production (vector ZMIR39) in corn. Crystal Mall #2, 1921 Jefferson Davis substances. The Agency has determined that the Hwy., Arlington, VA. This docket facility is open from 8:30 a.m. to 4 p.m., E. Safety Determination application may be of regional and national significance. Therefore, in Monday through Friday, excluding legal The chronic dietary exposure analysis accordance with 40 CFR 172.11(a), the holidays. The docket telephone number (food only) showed that exposure from Agency is soliciting comments on this is (703) 305–5805. all established and proposed fludioxonil application. 2. Electronic access. You may access uses would be 3.75% of the cRfD for the this Federal Register document most sensitive subpopulation, children DATES: Comments, identified by docket electronically through the EPA Internet 1 and 2 years old. Additionally, for ID number OPP–2002–0352, must be under the ‘‘Federal Register’’ listings at females 13–50 years old, the acute received on or before May 2, 2003. http://www.epa.gov/fedrgstr/. dietary exposure analysis (food only) ADDRESSES: Comments may be An electronic version of the public showed that exposure from all submitted electronically, by mail, or docket is available through EPA’s established and proposed fludioxonil through hand delivery/courier. Follow electronic public docket and comment uses would be 1.01% of the aPAD. EPA the detailed instructions as provided in system, EPA Dockets. You may use EPA has determined that reliable data Unit I. of the SUPPLEMENTARY Dockets at http://www.epa.gov/edocket/ support using the standard MOE and INFORMATION. to submit or view public comments, uncertainty factor (100 for combined access the index listing of the contents FOR FURTHER INFORMATION CONTACT: interspecies and intraspecies variability) of the official public docket, and to Mike Mendelsohn, Biopesticides and for fludioxonil and that an additional access those documents in the public Pollution Prevention Division (7511C), safety factor of 10 is not necessary to be docket that are available electronically. Office of Pesticide Programs, protective of infants and children. Once in the system, select ‘‘search,’’ Environmental Protection Agency, 1200 Acute DWLOCs were calculated based then key in the appropriate docket ID Pennsylvania Ave., NW., Washington, on an aPAD of 1 mg/kg/day. For the number. acute assessment, the females (13–50 DC 20460–0001; telephone number: Certain types of information will not years) subpopulation generated an acute (703) 308–8715; e-mail address: be placed in the EPA Dockets. DWLOC of approximately 30,000 ppb. [email protected]. Information claimed as CBI and other The acute EEC of 70 ppb is considerably SUPPLEMENTARY INFORMATION: information whose disclosure is

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restricted by statute, which is not close of the comment period will be iii. Disk or CD ROM. You may submit included in the official public docket, marked ‘‘late.’’ EPA is not required to comments on a disk or CD ROM that will not be available for public viewing consider these late comments. If you you mail to the mailing address in EPA’s electronic public docket. EPA’s wish to submit CBI or information that identified in Unit I.C.2. These electronic policy is that copyrighted material will is otherwise protected by statute, please submissions will be accepted in not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do WordPerfect or ASCII file format. Avoid docket but will be available only in not use EPA Dockets or e-mail to submit the use of special characters and any printed, paper form in the official public CBI or information protected by statute. form of encryption. docket. To the extent feasible, publicly 1. Electronically. If you submit an 2. By mail. Send your comments to: available docket materials will be made electronic comment as prescribed in this Public Information and Records available in EPA’s electronic public unit, EPA recommends that you include Integrity Branch (PIRIB), Office of docket. When a document is selected your name, mailing address, and an e- Pesticide Programs (OPP), from the index list in EPA Dockets, the mail address or other contact Environmental Protection Agency system will identify whether the information in the body of your (7502C), 1200 Pennsylvania Ave., NW., document is available for viewing in comment. Also include this contact Washington, DC, 20460–0001, EPA’s electronic public docket. information on the outside of any disk Attention: Docket ID Number OPP– Although not all docket materials may or CD ROM you submit, and in any 2002–0352. be available electronically, you may still cover letter accompanying the disk or 3. By hand delivery or courier. Deliver access any of the publicly available CD ROM. This ensures that you can be your comments to: Public Information docket materials through the docket identified as the submitter of the and Records Integrity Branch (PIRIB), facility identified in Unit I.B.1. EPA comment and allows EPA to contact you Office of Pesticide Programs (OPP), intends to work towards providing in case EPA cannot read your comment Environmental Protection Agency, Rm. electronic access to all of the publicly due to technical difficulties or needs 119, Crystal Mall #2, 1921 Jefferson available docket materials through further information on the substance of Davis Hwy., Arlington, VA, Attention: EPA’s electronic public docket. your comment. EPA’s policy is that EPA Docket ID Number OPP–2002–0352. For public commenters, it is will not edit your comment, and any Such deliveries are only accepted important to note that EPA’s policy is identifying or contact information during the docket’s normal hours of that public comments, whether provided in the body of a comment will operation as identified in Unit I.B.1. submitted electronically or in paper, be included as part of the comment that D. How Should I Submit CBI To the will be made available for public is placed in the official public docket, Agency? viewing in EPA’s electronic public and made available in EPA’s electronic Do not submit information that you docket as EPA receives them and public docket. If EPA cannot read your without change, unless the comment consider to be CBI electronically comment due to technical difficulties contains copyrighted material, CBI, or through EPA’s electronic public docket and cannot contact you for clarification, other information whose disclosure is or by e-mail. You may claim EPA may not be able to consider your restricted by statute. When EPA information that you submit to EPA as comment. identifies a comment containing CBI by marking any part or all of that copyrighted material, EPA will provide i. EPA Dockets. Your use of EPA’s information as CBI (if you submit CBI a reference to that material in the electronic public docket to submit on disk or CD ROM, mark the outside version of the comment that is placed in comments to EPA electronically is of the disk or CD ROM as CBI and then EPA’s electronic public docket. The EPA’s preferred method for receiving identify electronically within the disk or entire printed comment, including the comments. Go directly to EPA Dockets CD ROM the specific information that is copyrighted material, will be available at http://www.epa.gov/edocket, and CBI). Information so marked will not be in the public docket. follow the online instructions for disclosed except in accordance with Public comments submitted on submitting comments. Once in the procedures set forth in 40 CFR part 2. computer disks that are mailed or system, select ‘‘search,’’ and then key in In addition to one complete version of delivered to the docket will be docket ID number OPP–2002–0352. The the comment that includes any transferred to EPA’s electronic public system is an ‘‘anonymous access’’ information claimed as CBI, a copy of docket. Public comments that are system, which means EPA will not the comment that does not contain the mailed or delivered to the docket will be know your identity, e-mail address, or information claimed as CBI must be scanned and placed in EPA’s electronic other contact information unless you submitted for inclusion in the public public docket. Where practical, physical provide it in the body of your comment. docket and EPA’s electronic public objects will be photographed, and the ii. E-mail. Comments may be sent by docket. If you submit the copy that does photograph will be placed in EPA’s e-mail to [email protected], not contain CBI on disk or CD ROM, electronic public docket along with a Attention: Docket ID Number OPP– mark the outside of the disk or CD ROM brief description written by the docket 2002–0352. In contrast to EPA’s clearly that it does not contain CBI. staff. electronic public docket, EPA’s e-mail Information not marked as CBI will be system is not an ‘‘anonymous access’’ included in the public docket and EPA’s C. How and To Whom Do I Submit system. If you send an e-mail comment electronic public docket without prior Comments? directly to the docket without going notice. If you have any questions about You may submit comments through EPA’s electronic public docket, CBI or the procedures for claiming CBI, electronically, by mail, or through hand EPA’s e-mail system automatically please consult the person listed under delivery/courier. To ensure proper captures your e-mail address. E-mail FOR FURTHER INFORMATION CONTACT. receipt by EPA, identify the appropriate addresses that are automatically docket ID number in the subject line on captured by EPA’s e-mail system are E. What Should I Consider as I Prepare the first page of your comment. Please included as part of the comment that is My Comments for EPA? ensure that your comments are placed in the official public docket, and You may find the following submitted within the specified comment made available in EPA’s electronic suggestions helpful for preparing your period. Comments received after the public docket. comments:

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1. Explain your views as clearly as IV. What is the Agency’s Authority for ADDRESSES: Direct all comments to possible. Taking this Action? Judith B. Herman, Federal 2. Describe any assumptions that you The specific legal authority for EPA to Communications Commission, Room 1– used. take this action is under FIFRA section C804, 445 12th Street, SW., Washington, 3. Provide copies of any technical 5. DC 20554 or via the Internet to Judith- information and/or data you used that [email protected]. support your views. List of Subjects FOR FURTHER INFORMATION CONTACT: For 4. If you estimate potential burden or Environmental protection, additional information or copies of the costs, explain how you arrived at the Experimental use permits. information collection(s), contact Judith estimate that you provide. B. Herman at 202–418–0214 or via the 5. Provide specific examples to Dated: March 21, 2003. Internet at [email protected]. illustrate your concerns. Janet L. Andersen, 6. Offer alternative ways to improve SUPPLEMENTARY INFORMATION: Director, Biopesticides and Pollution the notice. OMB Control No.: 3060–0168. Prevention Division, Office of Pesticide Title: Section 43.43, Reports of 7. Make sure to submit your Programs. comments by the deadline in this Proposed Changes in Depreciation document. [FR Doc. 03–7975 Filed 4–1–03; 8:45 am] Rates. 8. To ensure proper receipt by EPA, BILLING CODE 6560–50–S Form No.: N/A. be sure to identify the docket ID number Type of Review: Extension of a assigned to this action in the subject currently approved collection. line on the first page of your response. FEDERAL COMMUNICATIONS Respondents: Business or other for- You may also provide the name, date, COMMISSION profit. and Federal Register citation. Number of Respondents: 10. Notice of Public Information Estimated Time Per Response: 6,000 II. Background Collection(s) Being Reviewed by the hours. Monsanto has applied to test Bacillus Federal Communications Commission, Frequency of Response: On occasion thuringiensis Cry3Bb1 protein and the Comments Requested reporting requirement and genetic material necessary for its recordkeeping requirement. production (vector ZMIR39) in corn on March 27, 2003. Total Annual Burden: 40,000 hours. 829 acres in 2003 and 2,299 acres in SUMMARY: The Federal Communications Total Annual Cost: N/A. 2004 in Alabama, California, Colorado, Commission, as part of its continuing Needs and Uses: The Commission Hawaii, Illinois, Indiana, Iowa, Kansas, effort to reduce paperwork burden streamlined its depreciation Kentucky, Maryland, Michigan, invites the general public and other prescription process by permitting Minnesota, Mississippi, Missouri, Federal agencies to take this summary filings and eliminating the Nebraska, New Mexico, New York, opportunity to comment on the prescription of depreciation rates for North Carolina, Ohio, Pennsylvania, following information collection(s), as incumbent Local Exchange Carrier’s Puerto Rico, South Dakota, Tennessee, required by the Paperwork Reduction (LECs), expanding the prescribed range Texas, Virginia, and Wisconsin for Act of 1995, Public Law 104–13. An for the digital switching plant account, breeding and observation nursery, agency may not conduct or sponsor a and eliminating the theoretical reserve inbred seed increase production, line collection of information unless it study requirement for mid-sized per se and hybrid yield, insect efficacy, displays a currently valid control incumbent LECs. The Commission also product characterization and number. No person shall be subject to established a waiver process whereby performance/labeling, insect resistance any penalty for failing to comply with price cap incumbent LECs can free management, non-target organism and a collection of information subject to the themselves of depreciation regulation. benefit, seed treatment, swine growth Paperwork Reduction Act (PRA) that The Commission is submitting this and feed efficiency, dairy cattle feed does not display a valid control number. information collection to OMB without efficiency, beef cattle growth and feed Comments are requested concerning (a) any changes since the last approval and efficiency, and cattle grazing feed whether the proposed collection of is seeking a three year clearance. efficiency trials. This plant-incorporated information is necessary for the proper OMB Control No.: 3060–0233. protectant is being tested against corn performance of the functions of the Title: Part 36, Separations. rootworm species. The tolerance Commission, including whether the Form No.: N/A. exemption under 40 CFR 180.1214 information shall have practical utility; Type of Review: Extension of a applies to this plant-incorporated (b) the accuracy of the Commission’s currently approved collection. protectant. A tolerance exemption in 40 burden estimate; (c) ways to enhance Respondents: Business or other for- CFR part 180 applies to the associated the quality, utility, and clarity of the profit and state, local or tribal marker gene and its product, which the information collected; and (d) ways to government. Agency considers a plant-incorporated minimize the burden of the collection of Number of Respondents: 1,500 protectant inert ingredient. information on the respondents, respondents; 5,600 responses. including the use of automated Estimated Time Per Response: 2–22 III. What Action is the Agency Taking? collection techniques or other forms of hours. Following the review of the Monsanto information technology. Frequency of Response: On occasion, Company application and any DATES: Written comments should be annual and quarterly reporting comments and data received in response submitted on or before June 2, 2003. If requirements and third party disclosure to this notice, EPA will decide whether you anticipate that you will be requirement. to issue or deny the EUP request for this submitting comments, but find it Total Annual Burden: 157,125 hours. EUP program, and if issued, the difficult to do so within the period of Total Annual Cost: N/A. conditions under which it is to be time allowed by this notice, you should Needs and Uses: In order to all conducted. Any issuance of an EUP will advise the contact listed below as soon determination of the study areas that are be announced in the Federal Register. as possible. entitled to an expense adjustment, and

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the wire centers that are entitled to register information such as name, 1984. Interested parties can review or support, each incumbent LEC must address, type of vessel with a private obtain copies of agreements at the provide certain data to the National entity issuing marine mobile service Washington, DC offices of the Exchange Carrier Association (NECA) identities (MMSI). The information Commission, 800 North Capitol Street, annually and/or quarterly. State or local would be used by search and rescue NW., Room 940. Interested parties may telephone companies who want to personnel to identify vessels in distress submit comments on an agreement to participate in the federal assistance and to select the proper rescue units and the Secretary, Federal Maritime program must make certain search methods. The information is Commission, Washington, DC 20573, informational showings to demonstrate used by the private entities to maintain within 10 days of the date this notice eligibility. The Commission is a database used to provide information appears in the Federal Register. submitting this information collection to about the vessel owner in distress using Agreement No.: 011648–007. OMB without any changes since the last marine VHF radios with DSC capability. Title: APL/Crowley/Lykes/MLL Space approval and is seeking a three year If the collection were not conducted, the Charter and Sailing Agreement. clearance. U.S. Coast Guard would not have access Parties: American President Lines, OMB Control No.: 3060–0410. to this information which would Ltd., APL Co. PTE Ltd., Crowley Liner Title: Forecast of Investment Usage increase the time needed to complete a Service, Inc., Lykes Lines Limited, LLC, Report and Actual Usage of Investment search and rescue operation. The TMM Lines Limited, LLC. Report. Commission is submitting this Synopsis: The subject agreement Form Nos.: FCC Forms 495A and information collection to OMB without modification adds Honduras to the Gulf/ 495B. any changes since the last approval and Caribbean portion of the agreement and Type of Review: Extension of a is seeking a three year clearance. expands the Gulf/East Coast of South currently approved collection. OMB Control No.: 3060–0936. America portion of the agreement to Respondents: Business or other for- Title: Sections 95.1215, Disclosure include the Atlantic Coast of Florida profit. Policies and 95.1217, Labeling and Trinidad and Tobago. It also adds Number of Respondents: 150 Requirements. language to Article 5.2(a) stating that respondents; 300 responses. Form Nos.: N/A. APL will not use slots within its Estimated Time Per Response: 40 Type of Review: Extension of a allocation to move cargo to or from hours. currently approved collection. Puerto Cortes or Gulfport. Frequency of Response: Annual Respondents: Business or other for- Agreement No.: 011847. reporting requirement. profit and not-for-profit institutions. Title: The Pacific Gulf Express Total Annual Burden: 12,000 hours. Number of Respondents: 20. Agreement. Total Annual Cost: N/A. Estimated Time Per Response: 1 hour. Parties: CMA CGM, S.A., P&O Needs and Uses: The Forecast of Frequency of Response: On occasion Nedlloyd Limited, P&O Nedlloyd B.V. Investment Usage and Actual Usage of reporting requirement. Synopsis: The agreement establishes a Investment Reports are needed to detect Total Annual Burden: 20 hours. vessel-sharing and sailing agreement and correct forecast errors that could Total Annual Cost: N/A. between the parties for the purpose of lead to significant misallocation of Needs and Uses: The information operating a weekly direct service network plant between regulated and collections contained in sections between the U.S. Gulf and inland and non-regulated activities. The 95.1215 and 95.1217 require coastal point served via such ports on Commission’s purpose is to protect the manufacturers of transmitters for the the one hand and ports in the West regulated ratepayer from subsidizing the Medical Implant Communications Coast of Mexico, Panama, Jamaica and non-regulated activities of rate regulated Service (MICS) to include with each ports in the Japan/Hong Kong range telephone companies. The Commission transmitting device a statement (including the People’s Republic of is submitting this information collection regarding harmful interference and to China and South Korea), including to OMB without any changes since the label the device in a conspicuous inland and Coastal points. last approval and is seeking a three year location on the device. The clearance. requirements will allow use of potential By Order of the Federal Maritime life-saving medical technology without Commission. OMB Control No.: 3060–0931. Theodore A. Zook, Title: Maritime Mobile Service causing interference to other users of the Assistant Secretary. Identity (MMSI). 402–405 MHz band. The Commission is Form Nos.: N/A. submitting this information collection to [FR Doc. 03–7958 Filed 4–1–03; 8:45 am] Type of Review: Extension of a OMB without any changes since the last BILLING CODE 6730–01–P currently approved collection. approval and is seeking a three year Respondents: Individuals or clearance. FEDERAL MARITIME COMMISSION households, business or other for-profit, Federal Communications Commission. federal government. Marlene H. Dortch, Ocean Transportation Intermediary Number of Respondents: 2,000. Secretary. License; Applicants Estimated Time Per Response: .50 [FR Doc. 03–7881 Filed 4–1–03; 8:45 am] hours. Notice is hereby given that the Frequency of Response: On occasion BILLING CODE 6712–01–P following applicants have filed with the reporting requirement, third party Federal Maritime Commission an disclosure requirement. application for license as a Non-Vessel Total Annual Burden: 1,000 hours. FEDERAL MARITIME COMMISSION Operating Common Carrier and Ocean Total Annual Cost: N/A. Notice of Agreement(s) Filed Freight Forwarder—Ocean Needs and Uses: This information Transportation Intermediary pursuant to collection is necessary to require owners The Commission hereby gives notice section 19 of the Shipping Act of 1984 of marine VHF radios with Digital of the filing of the following as amended (46 U.S.C. app. 1718 and 46 Selective Calling (DSC) capability to agreement(s) under the Shipping Act of CFR part 515).

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Persons knowing of any reason why methods of competition. The attached for inspection and copying at its the following applicants should not Analysis to Aid Public Comment principal office in accordance with receive a license are requested to describes both the allegations in the § 4.9(b)(6)(ii) of the Commission’s rules contact the Office of Transportation draft complaint that accompanies the of practice, 16 CFR 4.9(b)(6)(ii)). consent agreement and the terms of the Intermediaries, Federal Maritime Analysis of Proposed Consent Order To consent order—embodied in the consent Commission, Washington, DC 20573. Aid Public Comment Non-Vessel Operating Common agreement—that would settle these Carrier Ocean Transportation allegations. The Federal Trade Commission has accepted, subject to final approval, an Intermediary Applicants: DATES: Comments must be received on agreement containing a consent order ITS International Container Lines Inc., or before April 25, 2003. from The Laser Vision Institute, LLC 99 W. Hawthornie Ave., Suite 216, ADDRESSES: Comments filed in paper and its principals, Marco Musa, Max Valley Stream, NY 11580, Officers: form should be directed to: FTC/Office Musa, and Marc’Andrea Musa Philip Lam, President (Qualifying of the Secretary, Room 159–H, 600 (collectively, ‘‘LVI’’). Individual), Joseph Lam, Vice Pennsylvania Avenue, NW., The proposed consent order has been President. Washington, DC 20580. Comments filed placed on the public record for 30 days Dynasty Freight Consolidator Inc., 100 in electronic form should be directed to: for receipt of comments by interested North Hill Drive, #50, Brisbane, CA [email protected], as persons. Comments received during this 94005, Officer: Hung Cheung Ng, prescribed below. period will become part of the public President (Qualifying Individual). FOR FURTHER INFORMATION CONTACT: record. After 30 days, the Commission Non-Vessel Operating Common Matthew Daynard, FTC, Bureau of will again review the agreement and the Carrier and Ocean Freight Consumer Protection, 600 Pennsylvania comments received, and will decide Forwarder Transportation Avenue, NW., Washington, DC 20580, whether it should withdraw from the Intermediary Applicants: (202) 326–2805. agreement or make final the agreement’s TGAX Logistics (USA) LLC, 182–16 SUPPLEMENTARY INFORMATION: Pursuant proposed order. 149th Rd., Rm. 238, Springfield to section 6(f) of the Federal Trade This matter involves alleged Garden, NY 11413, Officers: Bosco Commission Act, 38 Stat. 721, 15 U.S.C. misleading representations about LASIK L. Man, Vice President (Qualifying 46(f), and § 2.34 of the Commission’s (laser assisted in situ keratomileusis) Individual), Robert Mooney, rules of practice, 16 CFR 2.34, notice is refractive surgery services designed to President. hereby given that the above-captioned improve the focusing power of the eye Boom U.S.A., Inc. dba B.G. Logistics, consent agreement containing a consent by permanently changing the shape of 2227 NW 79th Avenue, Miami, FL order to cease and desist, having been the cornea (the clear covering of the 33122, Officers: Julian Scattolini, filed with and accepted, subject to final front of the eye), thereby reducing Director (Qualifying Individual), approval, by the Commission, has been patients’ dependence on eyeglasses and Andres Nunez Sorensen, President. placed on the public record for a period contact lenses. Ocean Freight Forwarder—Ocean of 30 days. The following Analysis to The complaint alleges that LVI failed Transportation Intermediary Aid Public Comment describes the to substantiate claims that its LASIK Applicants: terms of the consent agreement, and the surgery services: (1) Eliminate the need LCL Cargo Services, Inc., 8501 NW allegations in the complaint. An for glasses and contacts for life; (2) 17th Street, Miami, FL 33126, electronic copy of the full text of the eliminate the need for reading glasses; Officer: Ron Sonbeek, President consent agreement package can be and (3) eliminate the need for bifocals. (Qualifying Individual). obtained from the FTC home page (for Among other reasons, the complaint Inlogix Corp. dba Inlogix, Lot 6 March 26, 2003), on the World Wide alleges that LASIK surgery does not Monterrey Avenue, Geoconsult Web, at http://www.ftc.gov/os/2003/03/ eliminate most peoples’ need for Bldg., San Juan PR 00920, Officers: index.htm. A paper copy can be reading glasses. Lemuel Toledo Gonzalez, General obtained from the FTC Public Reference According to the FTC complaint, LVI Manager (Qualifying Individual), Room, Room 130–H, 600 Pennsylvania falsely claimed that consumers will Pedro Toledo, Vice President. Avenue, NW., Washington, DC 20580, receive a free consultation that either in person or by calling (202) 326– determines their candidacy for LASIK. Dated: March 28, 2003. 2222. In fact, the complaint alleges that Theodore A. Zook, Public comments are invited, and may consumers receive a free, initial meeting Assistant Secretary. be filed with the Commission in either with an LVI representative during [FR Doc. 03–7959 Filed 4–1–03; 8:45 am] paper or electronic form. Comments which consumers receive a quoted price BILLING CODE 6730–01–P filed in paper form should be directed for the procedure based on their to: FTC/Office of the Secretary, Room prescription and other desired services, 159–H, 600 Pennsylvania Avenue, NW., and are required to pay a $300 deposit FEDERAL TRADE COMMISSION Washington, DC 20580. If a comment before the risks and limitations of contains nonpublic information, it must LASIK are disclosed to them and their [File No. 022 3053] be filed in paper form, and the first page candidacy is determined by a health The Laser Vision Institute, LLC; of the document must be clearly labeled care professional at a future time. The Analysis To Aid Public Comment ‘‘confidential.’’ Comments that do not $300 deposit is non-refundable if, after contain any nonpublic information may the consultation, consumers elect not to AGENCY: Federal Trade Commission. instead be filed in electronic form (in undergo the procedure. Consumers are ACTION: Proposed consent agreement. ASCII format, WordPerfect, or Microsoft refunded $200 of the deposit if they are Word) as part of or as an attachment to later rejected as medical candidates. SUMMARY: The consent agreement in this email messages directed to the following The proposed consent order contains matter settles alleged violations of email box: [email protected]. provisions designed to prevent LVI from Federal law prohibiting unfair or Such comments will be considered by engaging in similar acts and practices in deceptive acts or practices or unfair the Commission and will be available the future.

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Part I of the order prohibits claims FEDERAL TRADE COMMISSION Washington, DC 20580. If a comment that LASIK surgery services or any other contains nonpublic information, it must [File No. 022 3098] refractive surgery services: (1) Eliminate be filed in paper form, and the first page the need for glasses and contacts for life; LCA-Vision, Inc. d/b/a LasikPlus; of the document must be clearly labeled (2) eliminate the need for reading Analysis To Aid Public Comment ‘‘confidential.’’ Comments that do not glasses; or (3) eliminate the need for contain any nonpublic information may bifocals, unless the claims are AGENCY: Federal Trade Commission. instead be filed in electronic form (in substantiated by competent and reliable ACTION: Proposed consent agreement. ASCII format, WordPerfect, or Microsoft scientific evidence. ‘‘Refractive surgery Word) as part of or as an attachment to SUMMARY: The consent agreement in this services’’ are defined as any surgical e-mail messages directed to the matter settles alleged violations of following e-mail box: procedure designed to improve the federal law prohibiting unfair or focusing power of the eye by [email protected]. Such deceptive acts or practices or unfair comments will be considered by the permanently changing the shape of the methods of competition. The attached cornea. Commission and will be available for Analysis to Aid Public Comment inspection and copying at its principal Part II of the order requires that future describes both the allegations in the office in accordance with § 4.9(b)(6)(ii) claims about the benefits, performance, draft complaint that accompanies the of the Commission’s rules of practice, 16 efficacy, or safety of any refractive consent agreement and the terms of the CFR 4.9(b)(6)(ii)). surgery service be substantiated by consent order—embodied in the consent competent and reliable scientific agreement—that would settle these Analysis of Proposed Consent Order To evidence. allegations. Aid Public Comment Part III of the order prohibits LVI from DATES: Comments must be received on The Federal Trade Commission has misrepresenting: (1) That consumers or before April 25, 2003. accepted, subject to final approval, an will receive a free consultation that ADDRESSES: Comments filed in paper agreement containing a consent order determines their candidacy for LASIK or form should be directed to: FTC/Office from LCA-Vision, Inc. d/b/a LasikPlus any other refractive surgery services; (2) of the Secretary, Room 159–H, 600 (‘‘LCA’’). the cost to consumers to have their Pennsylvania Avenue, NW., The proposed consent order has been candidacy for refractive surgery services Washington, DC 20580. Comments filed placed on the public record for thirty determined; or (3) the information in electronic form should be directed to: (30) days for receipt of comments by consumers will receive during a [email protected], as interested persons. Comments received consultation for refractive surgery prescribed below. during this period will become part of services. FOR FURTHER INFORMATION CONTACT: the public record. After thirty (30) days, Part IV of the order permits device Matthew Daynard, FTC, Bureau of the Commission will again review the claims approved by the FDA under any Consumer Protection, 600 Pennsylvania agreement and the comments received, new medical device application. Avenue, NW., Washington, DC 20580, and will decide whether it should (202) 326–3291. withdraw from the agreement or make Parts V and VI of the order require SUPPLEMENTARY INFORMATION: final the agreement’s proposed order. LVI to keep copies of relevant Pursuant to section 6(f) of the Federal Trade This matter involves allegedly advertisements and materials misleading representations about LASIK substantiating claims made in the Commission Act, 38 Stat. 721, 15 U.S.C. 46(f), and § 2.34 of the Commission’s (laser assisted in situ keratomileusis) advertisements, and provide copies of rules of practice, 16 CFR 2.34, notice is refractive surgery services designed to the order to certain of its personnel. hereby given that the above-captioned improve the focusing power of the eye Part VII of the order requires the consent agreement containing a consent by permanently changing the shape of corporate respondent to notify the order to cease and desist, having been the cornea (the clear covering of the Commission of changes in corporate filed with and accepted, subject to final front of the eye), thereby reducing structure. approval, by the Commission, has been patients’ dependence on eyeglasses and Part VIII of the order requires the placed on the public record for a period contact lenses. individual respondents to notify the of thirty (30) days. The following According to the FTC complaint, LCA Commission of their employment status Analysis to Aid Public Comment failed to have substantiation for the in the eye care industry. describes the terms of the consent claims that its LASIK surgery services: agreement, and the allegations in the (1) Eliminate the need for glasses and Part IX of the order requires LVI to file complaint. An electronic copy of the contacts for life; and (2) pose compliance reports with the full text of the consent agreement significantly less risk to patients’ eye Commission, and Part X provides that package can be obtained from the FTC health than wearing glasses or contacts. the order will terminate after 20 years Home Page (for March 26, 2003), on the Among other reasons, LASIK surgery under certain circumstances. World Wide Web, at ‘‘http:// does not eliminate most peoples’ need The purpose of this analysis is to www.ftc.gov/os/2003/03/index.htm.’’ A for reading glasses, and the relative risks facilitate public comment on the paper copy can be obtained from the of LASIK surgery and wearing contact proposed order, and it is not intended FTC Public Reference Room, Room 130– lenses over time are not readily to constitute an official interpretation of H, 600 Pennsylvania Avenue, NW., comparable. The complaint further the agreement and proposed order or to Washington, DC 20580, either in person alleges that LCA did not have modify in any way their terms. or by calling (202) 326–2222. substantiation for its claim that its By direction of the Commission. Public comments are invited, and may LASIK surgery services eliminate the be filed with the Commission in either risk of glare and haloing, a starburst Donald S. Clark, paper or electronic form. Comments effect around lights at night, that can be Secretary. filed in paper form should be directed caused by the LASIK procedure. [FR Doc. 03–7931 Filed 4–1–03; 8:45 am] to: FTC/Office of the Secretary, Room The proposed consent order contains BILLING CODE 6750–01–P 159–H, 600 Pennsylvania Avenue, NW., provisions designed to prevent LCA

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from engaging in similar acts and order will terminate after twenty (20) and granted an exception. The practices in the future. years under certain circumstances. committee proposes to set required Part I of the order prohibits claims The purpose of this analysis is to fields standards and that activities that LASIK surgery services or any other facilitate public comment on the developing computer-generated versions refractive surgery services: (1) Eliminate proposed order, and it is not intended adhere to the required fields but not the need for glasses and contacts for life; to constitute an official interpretation of necessarily to the image. The ICMR (2) pose significantly less risk to the agreement and proposed order or to plans to review medical Standard/ patients’ eye health than wearing glasses modify in any way their terms. Optional forms which are commonly or contacts; or (3) eliminate the risk of By direction of the Commission. used and/or commonly computer- glare and haloing, unless the claims are Donald S. Clark, generated. We will identify those fields which are required, those (if any) which substantiated by competent and reliable Secretary. scientific evidence. ‘‘Refractive surgery are optional, and the required format (if [FR Doc. 03–7930 Filed 4–1–03; 8:45 am] necessary). Activities may not add or services’’ are defined as any surgical BILLING CODE 6750–01–P procedure designed to improve the delete data elements that would change focusing power of the eye by the meaning of the form. This would require written approval from the ICMR. permanently changing the shape of the GENERAL SERVICES cornea. Using the process by which overprints ADMINISTRATION are approved for paper Standard/ Part II of the order requires that future Optional forms, activities may add other Interagency Committee for Medical claims about the benefits, performance, data entry elements to those required by Records (ICMR); Automation of efficacy, or safety of any refractive the committee. With this decision, Medical Standard Form 88 surgery service be substantiated by activities at the local or headquarters competent and reliable scientific AGENCY: Office of Communications, level should be able to develop evidence. GSA. electronic versions which meet the Part III of the order permits device ACTION: Guideline on automating committee’s requirements. This claims approved by the FDA under any medical standard forms. guideline controls the ‘‘image’’ or new medical device application. required fields but not the actual data Parts IV, V, VI, and VII of the order BACKGROUND: The Interagency entered into the field. require LCA to keep copies of relevant Committee on Medical Records (ICMR) SUMMARY: With GSA’s approval, the advertisements and materials is aware of numerous activities using Interagency Committee of Medical substantiating claims made in the computer-generated medical forms, Records (ICMR) eliminated the advertisements, to provide copies of the many of which are not mirror-like requirement that every electronic order to certain of its personnel, to images of the genuine paper Standard/ version of a medical Standard/Optional notify the Commission of changes in Optional form. With GSA’s approval to form be reviewed and granted any corporate structure, and to file ICMR eliminated the requirement that exception. The following fields must compliance reports with the every electronic version of a medical appear on the electronic version of the Commission. Part VIII provides that the Standard/Optional form be reviewed following form:

ELECTRONIC ELEMENTS FOR SF 88

Item Placement*

Report of Medical Examination ...... Top of form. Standard Form 88 (Rev. 8/2001) (Form ID) ...... Bottom right corner of form. Data Entry Fields: 1. Date of Exam 2. Last Name 2. First Name 2. Middle Name 3. Identification Number 4. Grade of Position 4. Component of Position 5. Home Address (Number, street or RDFD, city or town, state and ZIP code) 6. Emergency Contact (Name) 6. Emergency Contact (address) 7. Date of Birth 8. Age 9. Sex—Female (Checkbox) 9. Sex—Male (Checkbox) 10. Relationship of Contact 11. Place of Birth 12. Agency 13. Organization Unit 14a. Total Years Government Service—Military 14b. Total Years Government Service—Civilian 15. Name of Examining Facility or Examiner 15. Address of Examining Facility or Examiner 16. Rating or Specialty of Examiner 17. Purpose of Examination 18. Clinical Evaluation—Check each item in appropriate columns; enter ‘‘NE’’ if not evaluated Above below listed items a. Head, Face, Neck and Scalp—Normal (Checkbox)

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ELECTRONIC ELEMENTS FOR SF 88—Continued

Item Placement*

a. Head, Face, Neck and Scalp—Abnormal (Checkbox) b. Ears-General (Internal Canals) (auditory acuity under item 39)—Normal (Checkbox) b. Ears-General (Internal Canals) (auditory acuity under item 28t)—Abnormal (Checkbox) c. Drums (Perforations)—Normal (Checkbox) c. Drums (Perforations)—Abnormal (Checkbox) d. Nose—Normal (Checkbox) d. Nose—Abnormal (Checkbox) e. Sinuses—Normal (Checkbox) e. Sinuses—Abnormal (Checkbox) f. Mouth and Throat—Normal (Checkbox) f. Mouth and Throat—Abnormal (Checkbox) g. Eyes—General (Visual accuity and refraction under item 28li–28s)—Normal (Checkbox) g. Eyes—General (Visual accuity and refraction under item 28li–28s)—Abnormal (Checkbox) h. Ophtalmoscopic—Normal (Checkbox) h. Ophtalmoscopic—Abnormal (Checkbox) i. Pupils (Equality and reaction)—Normal (Checkbox) i. Pupils (Equality and reaction)—Abnormal (Checkbox) j. Ocular Motility (Associated parallel movements nystagmus)—Normal (Checkbox) j. Ocular Motility (Associated parallel movements nystagmus)—Abnormal (Checkbox) k. Lungs and Chest—Normal (Checkbox) k. Lungs and Chest—Abnormal (Checkbox) l. Heart (Thrust, size, rhythm, sounds)—Normal (Checkbox) l. Heart (Thrust, size, rhythm, sounds)—Abnormal (Checkbox) m. Vascular System—Normal (Checkbox) m. Vascular System—Abnormal (Checkbox) n. Abdomen and Viscera (Include hernia)—Normal (Checkbox) n. Abdomen and Viscera (Include hernia)—Abnormal (Checkbox) o. Prostate (Over 40 or clinically indicated)—Normal (Checkbox) o. Prostate (Over 40 or clinically indicated)—Abnormal (Checkbox) p. Testicular—Normal (Checkbox) p. Testicular—Abnormal (Checkbox) q. Anus and Rectum (Hemorrhoids, Fistulae) (Hemocult Results)—Normal (Checkbox) q. Anus and Rectum (Hemorrhoids, Fistulae) (Hemocult Results)—Abnormal (Checkbox) r. Endocrine System—Normal (Checkbox) r. Endocrine System—Abnormal (Checkbox) s. G–U System—Normal (Checkbox) s. G–U System—Abnormal (Checkbox) t. Upper Extremities (Strength, range of motion)—Normal (checkbox) t. Upper Extremities (Strength, range of motion)—Abnormal (Checkbox) u. Feet—Normal (Checkbox) u. Feet—Abnormal (Checkbox) v. Lower Extremities (Except feet) (Strength, range of motion)—Normal (Checkbox) v. Lower Extremities (Except feet) (Strength, range of motion)—Abnormal (Checkbox) w. Spine, Other Musculoskeletal—Normal (Checkbox) w. Spine, Other Musculoskeletal—Abnormal (Checkbox) x. Identifying Body Marks, scars, Tattoos (Explain in Notes)—Normal (Checkbox) x. Identifying Body Marks, scars, Tattoos (Explain in Notes)—Abnormal (Checkbox) y. Skin, Lymphatics—Normal (Checkbox) y. Skin, Lymphatics—Abnormal (Checkbox) z. Neurologic (Equilibrium tests under item 28t)—Normal (Checkbox) z. Neurologic (Equilibrium tests under item 28t)—Abnormal (Checkbox) aa. Psychiatric (Specify any personality deviation)—Normal (Checkbox) aa. Psychiatric (Specify any personality deviation)—Abnormal (Checkbox) bb. Breasts—Normal (Checkbox) bb. Breasts—Abnormal (Checkbox) cc. Pelvic (Females only)—Normal (Checkbox) cc. Pelvic (Females only)—Abnormal (Checkbox) 19. Notes (Describe every abnormality in detail. Enter pertinent item number before each comment. Continue in item 29 and use additional sheets if necessary) 20. Dental—Acceptable (Checkbox) 20. Dental—Not Acceptable (Checkbox) 20. Dental—Not Acceptable (if checked, explain) 20. Dental—Dental Examination not done by Dental Officer 21. Remarks and Additional Dental Defects and Diseases 22. Test Results (Copies of results are preferred as attachments) Above below listed items. 22a. Urinalysis—Specific Gravity 22a. Urine Albumin 22a. Urine Sugar 22b. Syphilis Serology (Specify test used and results) 22c. EKG 22d. Blood Type and RH Factor

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ELECTRONIC ELEMENTS FOR SF 88—Continued

Item Placement*

22e. Chest X-Ray or PPD (Place, date, film number and result) 22f. Other Tests 23. Relationship to Sponsor 24a. Sponsor’s Name—Last 24b. Sponsor’s Name—First 24c. Sponsor’s Name—MI 24c. Sponsor’s ID Number (SSN or Other) 25. Depart./Service 26. Hospital or Medical Facility 27. Records Maintained At Last Name—First Name—Middle Name ...... Top of back page. Identification Number ...... Top of back page. Number of Sheets Attached ...... Top of back page. 28. Measurements and Other Findings ...... Above below listed items. 28a. Height 28b. Weight 28c. Color Hair 28d. Color Eyes 28e. Build—Slender (Checkbox) 28e. Build—Medium (Checkbox) 28e. Build—Heavy (Checkbox) 28e. Build—Obese (Checkbox) 28f. Temperature 28g(1). Blood Pressure (Arm at heart level)—Sitting—Sys. 28g(1). Blood Pressure (Arm at heart level)—Sitting—Dias. 28g(2). Blood Pressure (Arm at heart level)—Recumbent—Sys. 28g(2). Blood Pressure (Arm at heart level)—Recumbent—Dias. 28g(3). Blood Pressure (Arm at heart level)—Standing (5 minutes)—Sys. 28g(3). Blood Pressure (Arm at heart level)—Standing (5 minutes)—Dias. 28h(1). Pulse (Arm at heart level)—Sitting 28h(2). Pulse (Arm at heart level)—Recumbent 28h(3). Pulse (Arm at heart level)—Standing—3 minutes 28h(4). Pulse (Arm at heart level)—After Exercise 28h(5). Pulse (Arm at heart level)—2 minutes after exercise 28i(1). Distant Vision—Right 20/ (number) 28i(1). Distant Vision—Right—Corrected to 20/ (number) 28i(2). Distant Vision—Left 20/ (number) 28i(2). Distant Vision—Left Corrected to 20/ (number) 28j(1). Refraction—Right—By 28j(1). Refraction—Right—S 28j(1). Refraction—Right—CX 28j(2). Refraction—Left—By 28j(2). Refraction—Left—S 28j(2). Refraction—Left—CX 28k(1). Near Vision—Right (Number) 28k(1). Near Vision—Right—Corrected To (Number) 28k(1). Near Vision—Right—By (Number) 28k(2). Near Vision—Left (Number) 28k(2). Near Vision—Left—Corrected To (Number) 28k(2). Near Vision—Left—By (Number) 28l(1). Heterophoria (Specify Distance)—ESO 28l(2). Heterophoria (Specify Distance)—EXO 28l(3). Heterophoria (Specify Distance)—RH 28l(4). Heterophoria (Specify Distance)—LH 28l(5). Heterophoria (Specify Distance)—Prism Division 28l(6). Heterophoria (Specify Distance)—Prism Conv. Ct. 28l(7). Heterophoria (Specify Distance)—PC 28l(8). Heterophoria (Specify Distance)—PD 28m(1). Accommodation—Right 28m(2). Accommodation—Left 28n(1). Field of Vision—Right 28n(2). Field of Vision—Left 28o. Color Vision (Test used and result) 28p. Night Vision (Test used and result) 28q(1). Depth Perception (Test used and score)—Uncorrected 28q(2). Depth Perception (Test used and score)—Corrected 28r. Red Lens Test 28s(1). Intraocular Tension—Right 28s(2). Intraocular Tension—Left 28t. Audiometer—Right Ear—500–512 28t. Audiometer—Right Ear—1000–1024

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ELECTRONIC ELEMENTS FOR SF 88—Continued

Item Placement*

28t. Audiometer—Right Ear—2000–2048 28t. Audiometer—Right Ear—3000–3096 28t. Audiometer—Right Ear—4000–4096 28t. Audiometer—Right Ear—6000–6144 28t. Audiometer—Left Ear—500–512 28t. Audiometer—Left Ear—100–1024 28t. Audiometer—Left Ear—2000–2048 28t. Audiometer—Left Ear—3000–3096 28t. Audiometer—Left Ear—4000–4096 28t. Audiometer—Left Ear—6000–6144 28u. Psychological and Psychomotor (Tests used and score) 29. Notes (Continued) and Significant or Interval History 30. Summary of Defects and Diagnoses (List diagnoses with item numbers) 31. Recommendations—Further Specialist Examinations Indicated (Specify) 32. Physical Profile—P 32. Physical Profile—U 32. Physical Profile—L 32. Physical Profile—H 32. Physical Profile—E 32. Physical Profile—S 33. Examinee—Is Qualified for (Checkbox) 33. Examinee—Is Qualified for Explanation 33. Examinee—Is Not Qualified for (Checkbox) 33. Examinee—Is Not Qualified for Explanation 34. Physical Category—A 34. Physical Category—B 34. Physical Category—C 34. Physical Category—E 35. If Not Qualified, List Disqualifying Defects by Item Number 36. Typed or Printed Name of Physician 36. Signature of Physician 37. Typed or Printed Name of Physician 37. Signature of Physician 38. Typed or Printed Name of Dentist or Physician (Indicate which) 38. Signature of Dentist or Physician 39. Typed or Printed Name of Reviewing Officer or Approving Authority 39. Signature of Reviewing Officer or Approving Authority *If no specific placement, data element may be in any order.

FOR FURTHER INFORMATION CONTACT: CDR DEPARTMENT OF HEALTH AND ADDRESSES: OMB is still experiencing Katherine Ciacco Palatianos, Indian HUMAN SERVICES significant delays in the regular mail, Health Service, Department of Health including first class and express mail, and Human Services, Rockville, MD Food and Drug Administration and messenger deliveries are not being 20857 or e-mail at [email protected]. [Docket No. 02N–0354] accepted. To ensure that comments on Dated: March 21, 2003. the information collection are received, Agency Information Collection OMB recommends that written Katherine Ciacco Palatianos, Activities; Submission for OMB comments be electronically mailed to Chairperson, Interagency Committee on Review; Comment Request; The [email protected] or faxed to the Medical Records. Evaluation of Long-Term Antibiotic Office of Information and Regulatory [FR Doc. 03–7927 Filed 4–1–03; 8:45 am] Drug Therapy for Persons Involved in Affairs, OMB, Attn: Stuart Shapiro, Desk BILLING CODE 6820–34–M Anthrax Remediation Activities Officer for FDA, FAX: 202–395–6974. AGENCY: Food and Drug Administration, FOR FURTHER INFORMATION CONTACT: HHS. Karen L. Nelson, Office of Information ACTION: Notice. Resources Management (HFA–250), Food and Drug Administration, 5600 SUMMARY: The Food and Drug Fishers Lane, Rockville, MD 20857, Administration (FDA) is announcing 301–827–1482. that the proposed collection of information listed below has been SUPPLEMENTARY INFORMATION: In submitted to the Office of Management compliance with 44 U.S.C. 3507, FDA and Budget (OMB) for review and has submitted the following proposed clearance under the Paperwork collection of information to OMB for Reduction Act of 1995. review and clearance. DATES: Fax written comments on the information collection provisions by May 2, 2003.

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The Evaluation of Long-Term Antibiotic therapy is responsible for a health the February/March 2003 timeframe. Drug Therapy for Persons Involved in problem when in fact it is not. This type Once the final medical examination is Anthrax Remediation Activities—(OMB of population is likely to never be completed then Market Facts, the Control Number 0910–0494)—Extension available for assessment again until a contractor hired to conduct the survey, future terrorist event occurs. It would be can begin to administer the Due to a terrorist event during the fall unacceptable for FDA not to obtain drug questionnaire to these workers. The of 2001, approximately 1,200 experience information from this group second reason is the result of having to decontamination workers were placed to assist in any future public health obtain authorization from on long-term antibiotic therapy to response to a terrorist attack. approximately 35 subcontractor firms protect them from environmental FDA is requesting an extension of the (who employed the decontamination anthrax spores. Through the services of OMB approval of a survey to help FDA’s workers) to release contact information a contractor the FDA is currently Center for Drug Evaluation and Research on the remediation workers. To date, administering a survey to all 1,200 evaluate the long-term antibiotic drug only contact information for decontamination workers to collect therapy in persons involved in anthrax approximately 300 workers has been important health information pertaining remediation activities. The reason for released and further efforts are on going to long term use of antibiotics. This the extension is to allow for more time to obtain permission to release the information is critical to the agency’s to complete the survey, which has been remaining information. The medical mission in protecting the public health delayed for two reasons. The first reason service subcontractor is working and failure of the FDA to adequately relates to the delays in cleaning up some diligently to obtain the necessary follow up on these workers will reduce of the contaminated sites. Primarily the authorizations. the agency’s ability to apply lessons cleanup of the Brentwood Post Office in learned from the current situation to Washington, DC, which accounts for In the Federal Register of January 17, provide guidance during future public approximately 400 of the 2003 (68 FR 2561), the agency requested health emergencies should they occur. decontamination workers, was delayed. comments on the proposed collections This could result, not only, in the loss The clean up at Brentwood is almost of information. The agency received no of time and dollars but also in the loss complete and it is anticipated that final comments to the notice. of life if patients stop taking their medical examinations of the Brentwood FDA estimates the burden of this medicines because they think the drug cleanup workers can begin in earnest in collection of information as follows:

TABLE 1.—ESTIMATED ANNUAL REPORTING BURDEN1

Annual Frequency/ Total Annual Type of Survey No. of Respondents Response Responses Hours per Response Total Hours

Telephone 1,200 1 1,200 .25 300

Total 300 1There are no capital costs or operating and maintenance costs associated with this collection of information.

The estimated annual reporting ACTION: Notice. 240), Center for Drug Evaluation and burden is based on the Centers for Research, Food and Drug Disease Control and Prevention’s SUMMARY: The Food and Drug Administration, 5600 Fishers Lane, administration, in 2001 and 2002, of a Administration (FDA) is announcing the Rockville, MD 20857, or the Office of similar questionnaire to individuals availability of a guidance entitled ‘‘M2 Communication, Training and who were exposed to anthrax spores eCTD: Electronic Common Technical Manufacturers Assistance (HFM–40), dispersed during a terrorist event. Document Specification.’’ The guidance Center for Biologics Evaluation and was prepared under the auspices of the Dated: March 26, 2003. Research (CBER), Food and Drug International Conference on Administration, 1401 Rockville Pike, William K. Hubbard, Harmonisation of Technical Rockville, MD 20852–1448, 301–827– Associate Commissioner for Policy and Requirements for Registration of 3844, FAX 888–CBERFAX. Send two Planning. Pharmaceuticals for Human Use (ICH). self-addressed adhesive labels to assist [FR Doc. 03–7821 Filed 4–1–03; 8:45 am] The guidance defines the means for the office in processing your requests. BILLING CODE 4160–01–S industry-to-agency transfer of regulatory Submit written comments on the information that will facilitate the guidance to the Dockets Management creation, review, life cycle management, Branch (HFA–305), Food and Drug DEPARTMENT OF HEALTH AND and archiving of the electronic Administration, 5630 Fishers Lane, rm. HUMAN SERVICES submission. The guidance is intended to 1061, Rockville, MD 20852. Submit assist industry in transferring Food and Drug Administration electronic comments to http:// electronically their marketing www.fda.gov/dockets/ecomments. applications for human drug and Requests and comments should be [Docket No. 01D–0435] biological products to a regulatory identified with the docket number authority. International Conference on found in brackets in the heading of this Harmonisation; Guidance on DATES: Submit written or electronic document. See the SUPPLEMENTARY Electronic Common Technical comments on agency guidances at any INFORMATION section for electronic Document Specification; Availability time. access to the guidance document. ADDRESSES: Submit written requests for FOR FURTHER INFORMATION CONTACT: AGENCY: Food and Drug Administration, single copies of the guidance to the Regarding the guidance: Robert Yetter, HHS. Division of Drug Information (HFD– Center for Biologics Evaluation and

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Research (HFM–25), Food and Drug called a guidance, rather than a II. Comments Administration, 1401 Rockville Pike, guideline. Interested persons may submit to the To facilitate the process of making Rockville, MD 20852, 301–827–0373, Dockets Management Branch (see or Timothy M. Mahoney, Center for ICH guidances available to the public, ADDRESSES) written or electronic the agency has changed its procedure Drug Evaluation and Research (HFD– comments on the guidance at any time. for publishing ICH guidances. As of 73), Food and Drug Administration, Two copies of any comments are to be 5600 Fishers Lane, Rockville, MD April 2000, we no longer include the submitted, except that individuals may 20857, 301–827–3540. text of ICH guidances in the Federal submit one copy. Comments are to be Regarding the ICH: Janet Showalter, Register. Instead, we publish a notice in identified with the docket number Office of International Programs the Federal Register announcing the found in brackets in the heading of this (HFG–1), Food and Drug availability of an ICH guidance. The ICH document. The guidance and received Administration, 5600 Fishers Lane, guidance is be placed in the docket and comments may be seen in the Dockets Rockville, MD 20857, 301–827–0865. can be obtained through regular agency Management Branch between 9 a.m. and SUPPLEMENTARY INFORMATION: sources (see ADDRESSES). Draft 4 p.m., Monday through Friday. guidances are left in the original ICH I. Background format. The final guidance is III. Electronic Access In recent years, many important reformatted to conform to the GGP style initiatives have been undertaken by Persons with access to the Internet before publication. may obtain the document at http:// regulatory authorities and industry In the Federal Register of June 14, www.fda.gov/ohrms/dockets/ associations to promote international 2002 (67 FR 40948), FDA announced the default.htm, http://www.fda.gov/cder/ harmonization of regulatory availability of a second draft guidance guidance/index.htm, or http:// requirements. FDA has participated in entitled ‘‘Electronic Common Technical www.fda.gov/cber/publications.htm. many meetings designed to enhance Document Specification.’’ The notice harmonization and is committed to gave interested persons an opportunity Dated: March 25, 2003. seeking scientifically based harmonized to submit comments by August 1, 2002. Jeffrey Shuren, technical procedures for pharmaceutical After consideration of the comments Assistant Commissioner for Policy. development. One of the goals of received and revisions to the guidance, [FR Doc. 03–7818 Filed 4–1–03; 8:45 am] harmonization is to identify and then a final draft of the guidance was BILLING CODE 4160–01–S reduce differences in technical submitted to the ICH Steering requirements for drug development Committee and endorsed by the three among regulatory agencies. participating regulatory agencies in DEPARTMENT OF HEALTH AND ICH was organized to provide an September 2002. HUMAN SERVICES opportunity for tripartite harmonization The eCTD guidance describes the initiatives to be developed with input recommended method for industry-to- Food and Drug Administration from both regulatory and industry agency electronic transfer of marketing representatives. FDA also seeks input applications for human drug and [Docket No. 02E–0150] from consumer representatives and biological products. The guidance Determination of Regulatory Review others. ICH is concerned with defines the means for industry-to- Period for Purposes of Patent harmonization of technical agency transfer of regulatory Extension; GYNECARE INTERGEL requirements for the registration of information that will facilitate the pharmaceutical products among three creation, review, life cycle management, AGENCY: Food and Drug Administration, regions: The European Union, Japan, and archiving of the electronic HHS. and the United States. The six ICH submission. The guidance is intended to ACTION: Notice. sponsors are the European Commission, assist industry in transferring their the European Federation of marketing applications for human drug SUMMARY: The Food and Drug Pharmaceutical Industries Associations, and biological products to a regulatory Administration (FDA) has determined the Japanese Ministry of Health, Labour, authority. The guidance includes the the regulatory review period for and Welfare, the Japanese following changes: GYNECARE INTERGEL and is Pharmaceutical Manufacturers • The Document Type Definition publishing this notice of that Association, the Centers for Drug (DTD) and specificaton version numbers determination as required by law. FDA Evaluation and Research and Biologics were harmonized to 3.0. has made the determination because of • Evaluation and Research, FDA, and the Throughout the guidance, references the submission of an application to the Pharmaceutical Research and to Common Technical Document (CTD) Director of Patents and Trademarks, Manufacturers of America. The ICH sections were updated to reflect the Department of Commerce, for the Secretariat, which coordinates the current CTD specifications. • extension of a patent which claims that preparation of documentation, is Path names in Appendix 4 were medical device. provided by the International abbreviated to avoid exceeding ADDRESSES: Federation of Pharmaceutical maximum path character limits. Submit written comments Manufacturers Associations (IFPMA). • The Glossary of Terms was updated. and petitions to the Dockets The ICH Steering Committee includes • Technical errors discovered during Management Branch (HFA–305), Food representatives from each of the ICH testing were corrected. and Drug Administration, 5630 Fishers sponsors and the IFPMA, as well as This guidance represents the agency’s Lane, rm. 1061, Rockville, MD 20852. observers from the World Health current thinking on this topic. It does Submit electronic comments to http:// Organization, Health Canada’s Health not create or confer any rights for or on www.fda.gov/dockets/ecomments. Products and Food Branch, and the any person and does not operate to bind FOR FURTHER INFORMATION CONTACT: European Free Trade Area. FDA or the public. An alternative Claudia Grillo, Office of Regulatory In accordance with FDA’s good approach may be used if such approach Policy (HFD–013), Food and Drug guidance practices (GGPs) regulation (21 satisfies the requirements of the Administration, 5600 Fishers Lane, CFR 10.115), this document is being applicable statutes and regulations. Rockville, MD 20857, 301–827–3460.

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SUPPLEMENTARY INFORMATION: The Drug GYNECARE INTERGEL is 2,438 days. Dockets Management Branch between 9 Price Competition and Patent Term Of this time, 1,453 days occurred during a.m. and 4 p.m., Monday through Restoration Act of 1984 (Public Law 98– the testing phase of the regulatory Friday. 417) and the Generic Animal Drug and review period, while 985 days occurred Dated: February 6, 2003. Patent Term Restoration Act (Public during the approval phase. These Jane A. Axelrad, Law 100–670) generally provide that a periods of time were derived from the patent may be extended for a period of following dates: Associate Director for Policy, Center for Drug Evaluation and Research. up to 5 years so long as the patented 1. The date a clinical investigation item (human drug product, animal drug involving this device was begun: March [FR Doc. 03–7819 Filed 4–1–03; 8:45 am] product, medical device, food additive, 17, 1995. FDA has verified the BILLING CODE 4160–01–S or color additive) was subject to applicant’s claim that the date the regulatory review by FDA before the investigational device exemption (IDE) DEPARTMENT OF HEALTH AND item was marketed. Under these acts, a required under section 520(g) of the HUMAN SERVICES product’s regulatory review period Federal Food, Drug, and Cosmetic Act forms the basis for determining the (the act) (21 U.S.C. 360j(g)) for human Food and Drug Administration amount of extension an applicant may tests to begin became effective March receive. 17, 1995. [Docket No. 02E–0147] A regulatory review period consists of 2. The date an application was two periods of time: A testing phase and initially submitted with respect to the Determination of Regulatory Review an approval phase. For medical devices, device under section 515 of the act (21 Period for Purposes of Patent the testing phase begins with a clinical U.S.C. 360e): March 8, 1999. The Extension; OP–1 IMPLANT investigation of the device and runs applicant claims March 5, 1999, as the AGENCY: Food and Drug Administration, until the approval phase begins. The date the premarket approval application HHS. approval phase starts with the initial (PMA) FOR GYNECARE INTERGEL ACTION: Notice. submission of an application to market (PMA P990015) was initially submitted. the device and continues until However, FDA records indicate that SUMMARY: The Food and Drug permission to market the device is PMA P990015 was submitted on March Administration (FDA) has determined granted. Although only a portion of a 8, 1999. the regulatory review period for OP–1 regulatory review period may count 3. The date the application was IMPLANT and is publishing this notice toward the actual amount of extension approved: November 16, 2001. FDA has of that determination as required by that the Director of Patents and verified the applicant’s claim that PMA law. FDA has made the determination Trademarks may award (half the testing P990015 was approved on November because of the submission of an phase must be subtracted as well as any 16, 2001. application to the Director of Patents time that may have occurred before the This determination of the regulatory and Trademarks, Department of patent was issued), FDA’s determination review period establishes the maximum Commerce, for the extension of a patent potential length of a patent extension. of the length of a regulatory review which claims that medical device. period for a medical device will include However, the U.S. Patent and Trademark Office applies several ADDRESSES: Submit written comments all of the testing phase and approval and petitions to the Dockets phase as specified in 35 U.S.C. statutory limitations in its calculations of the actual period for patent extension. Management Branch (HFA–305), Food 156(g)(3)(B). and Drug Administration, 5630 Fishers FDA recently approved for marketing In its application for patent extension, Lane, rm. 1061, Rockville, MD 20852. the medical device GYNECARE this applicant seeks 867 days of patent Submit electronic comments to http:// INTERGEL. GYNECARE INTERGEL is term extension. www.fda.gov/dockets/ecomments. indicated for use in patients undergoing Anyone with knowledge that any of open, conservative gynecologic surgery the dates as published are incorrect may FOR FURTHER INFORMATION CONTACT: as an adjunct to good surgical technique submit to the Dockets Management Claudia Grillo, Office of Regulatory to reduce postsurgical adhesions. Branch (see ADDRESSES) written or Policy (HFD–013), Food and Drug Subsequent to this approval, the Patent electronic comments and ask for a Administration, 5600 Fishers Lane, and Trademark Office received a patent redetermination by June 2, 2003. Rockville, MD 20857, 301–827–3460. term restoration application for Furthermore, any interested person may SUPPLEMENTARY INFORMATION: The Drug GYNECARE INTERGEL (U.S. Patent No. petition FDA for a determination Price Competition and Patent Term 5,532,221) from Lifecore Medical, Inc., regarding whether the applicant for Restoration Act of 1984 (Public Law 98– and the Patent and Trademark Office extension acted with due diligence 417) and the Generic Animal Drug and requested FDA’s assistance in during the regulatory review period by Patent Term Restoration Act (Public determining this patent’s eligibility for Septemebr 29, 2003. To meet its burden, Law 100–670) generally provide that a patent term restoration. In a letter dated the petition must contain sufficient facts patent may be extended for a period of October 31, 2001, FDA advised the to merit an FDA investigation. (See H. up to 5 years so long as the patented Patent and Trademark Office that this Rept. 857, part 1, 98th Cong., 2d sess., item (human drug product, animal drug medical device had undergone a pp. 41–42, 1984.) Petitions should be in product, medical device, food additive, regulatory review period and that the the format specified in 21 CFR 10.30. or color additive) was subject to approval of GYNECARE INTERGEL Comments and petitions should be regulatory review by FDA before the represented the first permitted submitted to the Dockets Management item was marketed. Under these acts, a commercial marketing or use of the Branch. Three copies of any information product’s regulatory review period product. Thereafter, the Patent and are to be submitted, except that forms the basis for determining the Trademark Office requested that FDA individuals may submit one copy. amount of extension an applicant may determine the product’s regulatory Comments are to be identified with the receive. review period. docket number found in brackets in the A regulatory review period consists of FDA has determined that the heading of this document. Comments two periods of time: A testing phase and applicable regulatory review period for and petitions may be seen in the an approval phase. For medical devices,

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the testing phase begins with a clinical applicant claims May 25, 2001, as the DEPARTMENT OF HEALTH AND investigation of the device and runs date the premarket approval application HUMAN SERVICES until the approval phase begins. The (PMA) for OP–1 IMPLANT (PMA approval phase starts with the initial HO10002/A01) was initially submitted. Food and Drug Administration submission of an application to market However, FDA records indicate that the device and continues until PMA HO10002/A01 was submitted on [Docket No. 03D–0111] permission to market the device is May 29, 2001. granted. Although only a portion of a Draft Guidance for Federal Agencies regulatory review period may count 3. The date the application was and State and Local Governments; toward the actual amount of extension approved: October 17, 2001. FDA has Potassium Iodide Shelf Life Extension; that the Director of Patents and verified the applicant’s claim that PMA Availability Trademarks may award (half the testing HO10002/A01 was approved on October phase must be subtracted as well as any 17, 2001. AGENCY: Food and Drug Administration, time that may have occurred before the This determination of the regulatory HHS. patent was issued), FDA’s determination review period establishes the maximum ACTION: Notice. of the length of a regulatory review potential length of a patent extension. period for a medical device will include However, the U.S. Patent and SUMMARY: The Food and Drug all of the testing phase and approval Trademark Office applies several Administration (FDA) is announcing the phase as specified in 35 U.S.C. statutory limitations in its calculations availability of a draft guidance for 156(g)(3)(B). of the actual period for patent extension. Federal agencies and State and local FDA recently approved for marketing In its application for patent extension, governments entitled ‘‘Potassium Iodide the medical device OP–1 IMPLANT. Shelf Life Extension.’’ This document is this applicant seeks 1,837 days of patent OP–1 IMPLANT is indicated for use as intended to provide guidance to Federal term extension. an alternative to the patient’s own bone agencies and to State and local (autograft) in recalcitrant long bone Anyone with knowledge that any of governments on testing to extend the nonunions where autograft is unfeasible the dates as published is incorrect may shelf life of stockpiled potassium iodide and alternative treatments have failed. by submit to the Dockets Management (KI) tablets. The draft guidance Subsequent to this approval, the Patent Branch (see ADDRESSES) written or discusses FDA recommendations on the and Trademark Office received a patent electronic comments and ask for a requisite testing for KI tablet shelf life term restoration application for OP–1 redetermination by June 2, 2003. extensions, the qualifications of IMPLANT (U.S. Patent No. 5,258,494) Furthermore, any interested person may laboratories suitable to conduct the from Stryker Corp., and the Patent and petition FDA for a determination tests, and issues regarding notification Trademark Office requested FDA’s regarding whether the applicant for of holders of stockpiled KI tablets as assistance in determining this patent’s extension acted with due diligence well as end users about changes to batch eligibility for patent term restoration. In during the regulatory review period by shelf life once testing has been a letter dated October 31, 2001, FDA successfully conducted. advised the Patent and Trademark September 29, 2003. To meet its burden, Office that this medical device had the petition must contain sufficient facts DATES: Submit written or electronic undergone a regulatory review period to merit an FDA investigation. (See H. comments on the draft guidance by June and that the approval of OP–1 Rept. 857, part 1, 98th Cong., 2d sess., 2, 2003. General comments on agency IMPLANT represented the first pp. 41–42, 1984.) Petitions should be in guidance documents are welcome at any permitted commercial marketing or use the format specified in 21 CFR 10.30. time. of the product. Thereafter, the Patent Comments and petitions should be ADDRESSES: Submit written requests for and Trademark Office requested that submitted to the Dockets Management single copies of this draft guidance to FDA determine the product’s regulatory Branch. Three copies of any information the Division of Drug Information (HFD– review period. are to be submitted, except that 240), Center for Drug Evaluation and FDA has determined that the individuals may submit one copy. Research, Food and Drug applicable regulatory review period for Comments are to be identified with the Administration, 5600 Fishers Lane, OP–1 IMPLANT is 3,627 days. Of this Rockville, MD 20857. Send one self- time, 3,485 days occurred during the docket number found in brackets in the heading of this document. Comments addressed adhesive label to assist that testing phase of the regulatory review office in processing your requests. and petitions may be seen in the period, while 142 days occurred during Submit written comments on the draft Dockets Management Branch between 9 the approval phase. These periods of guidance to the Dockets Management a.m. and 4 p.m., Monday through time were derived from the following Branch (HFA–305), Food and Drug dates: Friday. Administration, 5630 Fishers Lane, rm. 1. The date a clinical investigation Dated: February 7, 2003. 1061, Rockville, MD 20852. Submit involving this device was begun: Jane A. Axelrad, electronic comments to http:// November 14, 1991. FDA has verified www.fda.gov/dockets/ecomments. See the applicant’s claim that the date the Associate Director for Policy, Center for Drug Evaluation and Research. the SUPPLEMENTARY INFORMATION section investigational device exemption (IDE) [FR Doc. 03–7820 Filed 4–1–03; 8:45 am] for electronic access to the draft required under section 520(g) of the guidance document. Federal Food, Drug, and Cosmetic Act BILLING CODE 4160–01–S FOR FURTHER INFORMATION CONTACT: (the act) (21 U.S.C. 360j(g)) for human tests to begin became effective Richard Adams, Center for Drug November 14, 1991. Evaluation and Research (HFD–643), 2. The date the application was Food and Drug Administration, 7500 initially submitted with respect to the Standish Pl., Rockville, MD 20855, 301– device under section 515 of the act (21 827–5849. U.S.C. 360e): May 29, 2001. The SUPPLEMENTARY INFORMATION:

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I. Background document. The draft guidance and highest use of ‘‘ice’’ in the State. In November 2001, FDA provided received comments are available for Findings further reveal that Hawaii guidance on the safe and effective use public examination in the Dockets County has one-third more 8th graders of KI tablets as an adjunct to other Management Branch between 9 a.m. and and one-third more 10th graders using public health protective measures in the 4 p.m., Monday through Friday. ‘‘ice’’ than the rest of the State. There are currently no residential or intensive event that radioactive iodine is released III. Electronic Access into the environment (66 FR 64046, outpatient treatment services available Persons with access to the Internet December 11, 2001). The guidance on the Big Island and State resources are may obtain the document at either http:/ entitled ‘‘Potassium Iodide as a Thyroid able to provide substance abuse /www.fda.gov/cder/guidance/index.htm Blocking Agent in Radiation treatment to only 1,500 youth. This or http://www.fda.gov/ohrms/dockets/ Emergencies’’ updated FDA’s 1982 funding will address the serious health default.htm. recommendations for the use of KI and public safety threat that ‘‘ice’’ has tablets to reduce the risk of thyroid Dated: March 25, 2003. on the Hawaii County youth by cancer in radiation emergencies Jeffrey Shuren, supporting the expansion of adolescent involving the release of radioactive Assistant Commissioner for Policy. methamphetamine abuse treatment iodine. The recommendations in that [FR Doc. 03–7817 Filed 4–1–03; 8:45 am] services to a full continuum of care. guidance addressed KI dosage and the BILLING CODE 4160–01–S Authority: The grant award will be made projected radiation exposure at which under the authority of section 509 of the the drug should be used. In April 2002, Public Health Service Act, as amended. The FDA issued another guidance, DEPARTMENT OF HEALTH AND Catalog of Federal Domestic Assistance ‘‘Frequently Asked Questions on HUMAN SERVICES number is 93.243. Potassium Iodide (KI).’’ Additional FOR FURTHER INFORMATION CONTACT: Ms. information was provided for Substance Abuse and Mental Health Cheryl Gallagher, Project Officer, CSAT, emergency pediatric dosing in ‘‘Home Services Administration SAMHSA, Rockwall II, 7th Floor, 5600 Preparation Procedure for Emergency Fishers Lane, Rockville, MD 20857; Planned Grant Award to Hawaii Administration of Potassium Iodide telephone: (301) 443–7259; e-mail County’s Office of the Mayor Tablets to Infants and Small Children,’’ [email protected]. updated on July 3, 2002. AGENCY: Center for Substance Abuse Dated: March 25, 2003. This draft guidance entitled Treatment, Substance Abuse and Mental Richard Kopanda, ‘‘Potassium Iodide Shelf Life Health Services Administration, HHS. Executive Officer, Substance Abuse and Extension,’’ is intended to provide ACTION: Availability of grant funds to Mental Health Services Administration. Federal agencies and State and local Hawaii County’s Office of the Mayor. [FR Doc. 03–7822 Filed 4–1–03; 8:45 am] governments information on testing to BILLING CODE 4162–20–P extend the shelf life of stockpiled SUMMARY: This notice is to inform the potassium iodide (KI) tablets. The public that the Substance Abuse and agency has developed this document in Mental Health Services response to several State inquiries on Administration’s (SAMHSA) Center for DEPARTMENT OF HOMELAND this topic. This draft guidance discusses Substance Abuse Treatment (CSAT) SECURITY FDA recommendations on the requisite intends to award approximately Bureau of Citizenship and Immigration testing for such shelf life extensions, the $300,000 (total costs) per year for 3 Services qualifications of laboratories suitable to years to Hawaii County’s Office of the conduct the tests, and issues regarding Mayor. The first year’s award will be Agency Information Collection notification of holders of stockpiled KI made in fiscal year 2003 if the Activities: Proposed Collection; tablets as well as end users about application is scored by the initial Comment Request changes to batch shelf life once testing review group and concurred with by the has been successfully conducted. CSAT National Advisory Council. ACTION: 30-Day notice of information This draft guidance is being issued Hawaii County’s Office of the Mayor collection under review: Checklist for consistent with FDA’s good guidance has been selected to receive a single on-site review of schools; OMB–35. practices regulation (21 CFR 10.115). source award due to the devastating The draft guidance, when finalized, will impact that crystal methamphetamine, The Department of Homeland represent the agency’s current thinking also known as ‘‘ice,’’ abuse has had on Security, Bureau of Citizenship and on this topic. It does not create or confer the youth of Hawaii. The effects of this Immigration Services (BCIS) has any rights for or on any person and does problem on children on the Island of submitted the following information not operate to bind FDA or the public. Hawaii are profound, with some of the collection request to the Office of An alternative approach may be used if highest rates of drug use among youth Management and Budget (OMB) for such approach satisfies the applicable in the State of Hawaii. According to the review and clearance in accordance statues and regulations. 2000 Hawaii Student Alcohol, Tobacco with the Paperwork Reduction Act of and other Drug Use Study conducted by 1995. The information collection was II. Comments the Department of Health, Alcohol and previously approved by OMB under Interested persons may submit to the Drug Abuse Division, 10.6 percent of emergency review proceedings on Dockets Management Branch (see Hawaii County high school seniors September 13, 2002 and the agency was ADDRESSES) written or electronic answered in the affirmative to ‘‘frequent granted temporary approval. comments on the draft guidance. Two drug use—more than 20 times in the The BCIS intends to request an copies of any mailed comments are to be past 30 days,’’ compared to just 5.6 extension of this information collection. submitted, except that individuals may percent statewide. This study reports Therefore, the purpose of this notice is submit one copy. Comments are to be that the State of Hawaii has the highest to allow an additional 30 days for public identified with the docket number use of ‘‘ice’’ by 12th graders in the comments. Comments are encouraged found in brackets in the heading of this Nation and that Hawaii County has the and will be accepted until May 2, 2003.

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This process is conducted in accordance (6) An estimate of the total public 400 Seventh Street SW., Washington, with 5 CFR 1320.10. burden (in hours) associated with the DC 20590–0001. Caution: Because of Written comments and/or suggestions collection: 10,830 annual burden hours. recent delays in the delivery of mail, regarding the items contained in this If you have additional comments, your comments may reach the Facility notice, especially regarding the suggestions, or need a copy of the more quickly if you choose one of the estimated public burden and associated proposed information collection other means described below. response time, should be directed to the instrument with instructions, or (2) By delivery to room PL–401 on the Office of Management and Budget, additional information, please contact Plaza level of the Nassif Building, 400 Office of Information and Regulatory Richard A. Sloan, 202–514–3291, Seventh Street SW., Washington, DC, Affairs, Attention: Department of Director, Regulations and Forms between 9 a.m. and 5 p.m., Monday Homeland Security Desk Officer, 725 Services Division, Bureau of Citizenship through Friday, except Federal holidays. 17th Street, NW., Room 10235, and Immigration Services, Department The telephone number is 202–366– Washington, DC 20530. of Homeland Security, Room 4304, 425 9329. Written comments and suggestions I Street, NW., Washington, DC 20536. (3) By fax to the Facility at 202–493– from the public and affected agencies Additionally, comments and/or 2251. concerning the proposed collection of suggestions regarding the item(s) (4) Electronically through the Web information should address one or more contained in this notice, especially site for the Docket Management System of the following four points: regarding the estimated public burden at http://dms.dot.gov. (1) Evaluate whether the proposed and associated response time may also The Facility maintains the public collection of information is necessary be directed to Mr. Richard A. Sloan. docket for this notice. Comments and material received from the public, as for the proper performance of the Dated: March 27, 2003. functions of the agency, including well as documents mentioned in this Richard A. Sloan, notice as being available in the docket, whether the information will have Department Clearance Officer, United States practical utility; will become part of this docket and will Department of Homeland Security, Bureau be available for inspection or copying at (2) Evaluate the accuracy of the of Citizenship and Immigration Services. agency’s estimate of the burden of the room PL–401 on the Plaza level of the [FR Doc. 03–7893 Filed 4–1–03; 8:45 am] Nassif Building, 400 Seventh Street proposed collection of information, BILLING CODE 4410–10–M including the validity of the SW., Washington, DC, between 9 a.m. methodology and assumptions used; and 5 p.m., Monday through Friday, except Federal holidays. You may also (3) Enhance the quality, utility, and DEPARTMENT OF HOMELAND find this docket on the Internet at http:/ clarity of the information to be SECURITY /dms.dot.gov. collected; and Copies of the complete ICRs are Coast Guard (4) Minimize the burden of the available through this docket on the collection of information on those who [USCG 2003–14779] Internet at http://dms.dot.gov, and also are to respond, including through the from Commandant (G–CIM–2), U.S. use of appropriate automated, Collection of Information Under Coast Guard Headquarters, room 6106 electronic, mechanical, or other Review by Office of Management and (Attn: Barbara Davis), 2100 Second technological collection techniques or Budget (OMB): OMB Control Numbers Street SW., Washington, DC 20593– other forms of information technology, 1625–0070, 1625–0047, 1625–0077, and 0001. The telephone number is 202– e.g., permitting electronic submission of 1625–0084 267–2326. responses. FOR FURTHER INFORMATION CONTACT: Overview of this information AGENCY: Coast Guard, DHS. Barbara Davis, Office of Information collection: ACTION: Request for comments. Management, 202–267–2326, for (1) Type of Information Collection: questions on this document; or Dorothy Extension of a currently approved SUMMARY: In compliance with the Beard, Chief, Documentary Services information collection. Paperwork Reduction Act of 1995, the Division, U.S. Department of (2) Title of the Form/Collection: Coast Guard intends to seek the Transportation, 202–366–5149, for Checklist for On-Site Review of Schools. approval of OMB for the renewal of four questions on the docket. (3) Agency form number, if any, and information Collection Requests (ICRs). the applicable component of the The ICRs comprise (1) Vessel Request for Comments Department of Homeland Security Identification System, (2) Vital System Automation, (3) Security of Passenger The Coast Guard encourages sponsoring the collection: No Agency interested persons to submit comments. Form Number; File No. OMB–35, Vessels and Passenger Terminals, and (4) Audit Reports under the Persons submitting comments should Bureau of Citizenship and Immigration include their names and addresses, Services. International Safety Management Code. Before submitting the ICRs to OMB, the identify this document [USCG 2003– (4) Affected public who will be asked 14779], and give the reasons for the or required to respond, as well as a brief Coast Guard is inviting comments on them as described below. comments. Please submit all comments abstract: Primary: Individuals or and attachments in an unbound format DATES: Comments must reach the Coast Households. The data is used by the no larger than 81⁄2 by 11 inches, suitable Guard on or before June 2, 2003. agency when conducting on-site visits at for copying and electronic filing. schools that submitted certification ADDRESSES: To make sure that your Persons wanting acknowledgment of applications in SEVIS after the comments and related material do not receipt of comments should enclose preliminary enrollment period. enter the docket [USCG 2003–14779] stamped self-addressed postcards or (5) An estimate of the total number of more than once, please submit them by envelopes. respondents and the amount of time only one of the following means: estimated for an average respondent to (1) By mail to the Docket Management Information Collection Requests respond: 10,000 responses at 65 (1.083) Facility, U.S. Department of 1. Title: Vessel Identification System. minutes per response. Transportation (DOT), room PL–401, OMB Control Number: 1625–0070.

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Summary: The Coast Guard must Need: 46 U.S.C. 3203 authorizes the DEPARTMENT OF HOMELAND establish a nationwide vessel- Coast Guard to prescribe rules regarding SECURITY identification system (VIS) and safety-management systems. 33 CFR centralize certain vessel-documentation part 96 contains the rules for those Federal Emergency Management functions. VIS provides participating systems and hence the safe operation of Agency States and territories with access to data vessels. on vessels numbered by States and Respondents: Owners and operators Agency Information Collection territories. Participation in it is of vessels, and organizations authorized Activities: Proposed Collection; voluntary. to issue certificates of compliance with Comment Request Need: 46 U.S.C. 12501 mandates the the ISM Code for the United States. AGENCY: Federal Emergency establishment of a VIS. 33 CFR Part 187 Frequency: On occasion. Management Agency, Emergency prescribes the requirements of VIS. Burden: The estimated burden is Preparedness and Response Directorate, Respondents: Governments of States 8,440 hours a year. Homeland Security. and territories. Frequency: Daily. Dated: March 25, 2003. ACTION: Notice and request for Burden: The estimated burden is Clifford I. Pearson, comments. 6,045 hours a year. Director of Information and Technology. 2. Title: Vital System Automation. [FR Doc. 03–7995 Filed 4–1–03; 8:45 am] SUMMARY: The Federal Emergency Management Agency, as part of its OMB Control Number: 1625–0047. BILLING CODE 4910–15–P Summary: This collection pertains to continuing effort to reduce paperwork the vital-system automation on and respondent burden, invites the commercial vessels that is necessary to DEPARTMENT OF HOMELAND general public, state, local, or tribal protect personnel and property on board SECURITY governments and other Federal agencies U.S.-flag vessels. to take this opportunity to comment on Need: 46 U.S.C. 3306 authorizes the Coast Guard the proposed collection of information. Coast Guard to promulgate rules for the In accordance with the Paperwork [USCG–2003–14790] safety of personnel and property on Reduction Act of 1995 (44 U.S.C. board vessels. Various sections within National Offshore Safety Advisory 3506(c)(2)(A)), this notice seeks parts 52, 56, 58, 62, 110, 111, and 113 Committee; charter renewal comments on the Application for of Title 46 of the Code of Federal Community Disaster Loan. Regulations contain these rules. AGENCY: Coast Guard, DHS. SUPPLEMENTARY INFORMATION: The Respondents: Designers, ACTION: Notice. Community Disaster Loan (CDL) manufacturers, and owners of vessels Program is authorized by section 417 of and shipyards. SUMMARY: The Secretary of the Disaster Relief Act of 1974 (Pub. L. Frequency: On occasion. Transportation renewed the charter for 93–288), as amended by the Robert T. Burden: The estimated burden is the National Offshore Safety Advisory Stafford Disaster Relief and Emergency 57,375 hours a year. Committee (NOSAC) for 2 years from Assistance Act of 1988 (Pub. L. 100– 3. Title: Security of Passenger Vessels January 17, 2003 until January 17, 2005. 707), and implemented by FEMA and Passenger Terminals. This charter was renewed before the regulation 44 CFR, subpart K, OMB Control Number: 1625–0077. Coast Guard moved to the Department Summary: The purpose of rules on the Community Disaster Loans, Section of Homeland Security under the 206.364. The CDL Program offers loans security of passenger vessels and Homeland Security Act of 2002. NOSAC passenger terminals is to deter or to local governments that have suffered is a Federal advisory committee under a substantial loss of tax or other mitigate the results of terrorism and 5 U.S.C. App. 2. It advises the Coast other unlawful acts against these vessels revenues as a result of a major disaster Guard on safety, security and or emergency and demonstrates a need and terminals. The rules should reduce environmental protection issues relating the likelihood of such acts and should for Federal financial assistance in order to the offshore mineral and energy to perform their governmental reduce the damage to property and industries. injury to persons, if such acts occur. functions. The loan must be justified on Need: 33 U.S.C. 1231 authorizes the ADDRESSES: You may request a copy of the basis of need and be based on the Coast Guard to issue rules for the safety the charter by writing to Commandant actual and projected expenses, as a of ports and waterways. 33 CFR Parts (G–MSO), U.S. Coast Guard, 2100 result of the disaster, for the fiscal year 120 and 128 contain these rules. Second Street SW., Washington, DC in which the disaster occurred and the Respondents: Owners, operators, and 20593–0001; by calling 202–267–0214; three succeeding fiscal years. charterers of passenger vessels and or by faxing 202–267–4570. This notice Collection of Information passenger terminals. and the charter are available on the Frequency: On occasion. Internet at http://dms.dot.gov. Title: Application for Community Burden: The estimated burden is FOR FURTHER INFORMATION CONTACT: Disaster Loan . 3,549 hours a year. Captain Michael Brown, Executive Type of Information Collection: 4. Title: Audit Reports under the Director of NOSAC, or Mr. Jim Magill, Reinstatement, without change, of a International Safety Management Code. Assistant to the Executive Director, previously approved collection for OMB Control Number: 1625–0084. telephone 202–267–1082, fax 202–267– which approval has expired. Summary: This information helps to 4570. OMB Number: 3067–0034. determine whether U.S. vessels, subject Form Number: FEMA Form 90–7. to SOLAS 74, engaged in international Dated: March 26, 2003. Abstract: The local government may trade, are in compliance with that Joseph J. Angelo, submit an Application for Community treaty. Organizations recognized by the Director of Standards, Marine Safety, Security Disaster Loan through the Governor’s Coast Guard conduct ongoing audits of and Environmental Protection. Authorized Representative. The loan vessels’ and companies’ safety- [FR Doc. 03–7994 Filed 4–1–03; 8:45 am] must be justified on the basis of need management-systems. BILLING CODE 4910–15–P and be based on the actual and

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projected expenses, as a result of a number (202) 646–3347, or by e-mail at exposed to flood risk. In accordance major disaster declaration, for the fiscal [email protected]. with Public Law 93–234, the purchase year in which the disaster occurred and Dated: March 26, 2003. of flood insurance is mandatory when for the 3 succeeding fiscal years. Vernon Adler, Federal and Federally related financial assistance is being provided for Affected Public: State, Local, or Tribal Acting Division Director, Information Governments. Resources Management Division, Information acquisition or construction of buildings Estimated Total Annual Burden Technology Services Directorate. located or to be located within FEMA Hours: 30. [FR Doc. 03–7789 Filed 4–1–03; 8:45 am] identified special flood hazard areas of Number of Respondents: 5. BILLING CODE 6718–01–P communities which are participating in Frequency of Response: On occasion. the program. Hour Burden Per Response: 6 hours. Collection of Information Comments: Written comments are DEPARTMENT OF HOMELAND Title: Mortgage Portfolio Protection solicited to (a) evaluate whether the SECURITY Program (MPPP). proposed data collection is necessary for Federal Emergency Management Type of Information Collection: the proper performance of the agency, Agency Reinstatement, with change, of a including whether the information shall previously approved collection for have practical utility; (b) evaluate the Agency Information Collection which approval has expired. accuracy of the agency’s estimate of the Activities: Proposed Collection; Abstract: The Mortgage Portfolio burden of the proposed collection of Comment Request Protection Program (MPPP) is a information, including the validity of mechanism used by lending the methodology and assumptions used; AGENCY: Federal Emergency institutions, mortgage servicing (c) enhance the quality, utility, and Management Agency, Emergency companies, and others servicing clarity of the information to be Preparedness and Response Directorate, mortgage loan portfolios to bring their collected; and (d) minimize the burden Homeland Security. mortgage loan portfolios into of the collection of information on those ACTION: Notice and request for compliance with the flood insurance who are to respond, including through comments. purchase requirements of the Flood the use of appropriate automated, SUMMARY: Disaster Protection Act of 1973. electronic, mechanical, or other The Federal Emergency Implementation of the various technological collection techniques or Management Agency (FEMA), as part of its continuing effort to reduce requirements of the MPPP should result other forms of information technology, paperwork and respondent burden, in mortgagors, following receipt of e.g., permitting electronic submission of invites the general public and other notification of the need for flood responses. Comments should be Federal agencies to take this insurance, showing evidence of such a received within 60 days of the date of opportunity to comment on a proposed policy or purchasing the necessary this notice. collection of information. In accordance coverage through their local insurance ADDRESSES: Interested persons should with the Paperwork Reduction Act of agent or appropriate Write Your Own submit written comments to Muriel B. 1995 (44 U.S.C. 3506(c)(2)(A)), this (WYO) Company. It is intended that Anderson, Chief, Records Management notice seeks comments concerning the flood insurance policies be written Branch, Information Resources Mortgage Portfolio Protection Program under the MPPP only as a last resort, Management Division, Information (MPPP) that is a mechanism used by and only on mortgages whose Technology Services Directorate, lending institutions, mortgage servicing mortgagors have failed to respond to the Federal Emergency Management companies, and others servicing various notifications required by the Agency, Emergency Preparedness and mortgage loan portfolios to bring their program. The requirements of the MPPP Response Directorate, Department of mortgage loan portfolios into are contained in FEMA regulation 44 Homeland Security, 500 C Street, SW., compliance with the flood insurance CFR 62.23(l). Room 316, Washington, DC 20472. purchase requirements of the Flood Affected Public: Individuals and FOR FURTHER INFORMATION CONTACT: Disaster Protection Act of 1973. households; businesses or other for- Contact Gerry Miederhoff at (202) 646– SUPPLEMENTARY INFORMATION: The profit; not-for-profit institutions; farms; 3683 for additional information National Flood Insurance Program small businesses or organizations; regarding this information collection. (NFIP) authorized by Public Law 90–448 Federal agencies or employees; and You may contact Ms. Anderson for (1968) and expanded by Public Law 93– State, local or tribal governments. copies of the proposed information 234 (1973) provides Federally backed Estimated Total Annual Burden collection at (202) 646–2625, facsimile flood insurance for existing buildings Hours: 6,093 hours.

Hours Respondents Number of Frequency of response per response Annual burden respondents (minutes) hours

(A) (B) (C) (A × B × C)

Lenders ...... 250 As required ...... 30 125 Mortgagors ...... 11,936 One-time ...... 30 5,968

Total ...... 12,186 ...... 6,093

Comments: Written comments are the proper performance of the agency, accuracy of the agency’s estimate of the solicited to (a) evaluate whether the including whether the information shall burden of the proposed collection of proposed data collection is necessary for have practical utility; (b) evaluate the information, including the validity of

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the methodology and assumptions used; DEPARTMENT OF HOMELAND regulation 44 CFR part 206, subpart F, (c) enhance the quality, utility, and SECURITY section 206.171 implements the clarity of the information to be provisions of the Act. collected; and (d) minimize the burden Federal Emergency Management Collection of Information of the collection of information on those Agency who are to respond, including through Title: Crisis Counseling Assistance the use of appropriate automated, Agency Information Collection and Training Program—Immediate electronic, mechanical, or other Activities: Proposed Collection; Services Program and Reporting. technological collection techniques or Comment Request Type of Information Collection: other forms of information technology, AGENCY: Federal Emergency Reinstatement, with change, of a e.g., permitting electronic submission of Management Agency, Emergency previously approved collection for responses. Comments should be Preparedness and Response Directorate, which approval has expired. received within 60 days of the date of Homeland Security. OMB Number: 3067–0166. this notice. ACTION: Notice and request for Form Numbers: Standard Form 424 ADDRESSES: Interested persons should comments. Request for Federal Assistance. submit written comments to Muriel B. FEMA Form (TBD)—Immediate SUMMARY: The Federal Emergency Anderson, Chief, Records Management Services Program Application Branch, Information Resources Management Agency (FEMA), as part of Management Division, Information its continuing effort to reduce Abstract: The Immediate Services Technology Services Directorate, paperwork and respondent burden, Program provides funding in response Federal Emergency Management invites the general public and other to a State request for the period Agency, Emergency Preparedness and Federal agencies to take this immediately following a Presidentially Response Directorate, Department of opportunity to comment on a proposed declared disaster, and includes Homeland Security, 500 C Street, SW., revised information collection. In community outreach, consultation and Room 316, Washington, DC 20472. accordance with the Paperwork public education and counseling Reduction Act of 1995 (44 U.S.C. techniques. The program is available for FOR FURTHER INFORMATION CONTACT: 3506(c)(2)(A), this notice seeks a limited period of time not to exceed Contact Neil Furst, Mitigation Division, comments concerning the revised 60 days, unless an application for Federal Emergency Management application for Crisis Counseling regular program funding is submitted. Agency, Emergency Preparedness and Immediate Services Program assistance FEMA provides funds in the form of a Response Directorate at (202) 646–3428 under Section 416 of the Robert T. Federal grant through the State for additional information. You may Stafford Disaster Relief and Emergency emergency management office to the contact Ms. Anderson for copies of the Assistance Act (the Act), Public Law State Mental Health Authority or other proposed collection of information at 93–288, as amended. The Immediate mental health organization designated telephone number (202) 646–2625, Services application has been revised to by the Governor to provide crisis- facsimile number (202) 646–3347, or e- reduce the paperwork burden on the counseling services to the Presidentially mail address at State applicant. declared communities. Once the [email protected]. SUPPLEMENTARY INFORMATION: Section application has been approved and a Dated: March 26, 2003. 416 of the Act authorizes the President grant is awarded, the State applicant Vernon Adler, to provide financial assistance to state must provide quarterly progress and Acting Division Director, Information and local governments for professional financial reports to FEMA. Resources Management Division, Information counseling services to victims of major Affected Public: State, local or tribal Technology Services Directorate. disasters in order to relieve mental government. [FR Doc. 03–7790 Filed 4–1–03; 8:45 am] health problems caused or aggravated by Estimated Total Annual Burden BILLING CODE 6718–01–P a major disaster or its aftermath. FEMA Hours: 1360.

Number of Frequency Average Annual bur- FEMA form respondents of response hours per den hours response × × (A) (B) (C) (A B C)

SF 424 and Immediate Services Program Application ...... 17 2 40 1360

Total ...... 17 2 40 1360

Estimated Cost: $38,448. (c) enhance the quality, utility, and received within 60 days of the date of Comments: clarity of the information to be this notice. collected; and (d) minimize the burden ADDRESSES: Interested persons should Written comments are solicited to (a) of the collection of information on those submit written comments to Muriel B. evaluate whether the proposed data who are to respond, including through Anderson, Chief, Records Management collection is necessary for the proper the use of appropriate automated, performance of the agency, including Branch, Information Resources electronic, mechanical, or other whether the information shall have Management Division, Information technological collection techniques or practical utility; (b) evaluate the Technology Services Directorate, other forms of information technology, accuracy of the agency’s estimate of the Federal Emergency Management e.g., permitting electronic submission of burden of the proposed collection of Agency, Emergency Preparedness and responses. Comments should be information, including the validity of Response Directorate, Department of the methodology and assumptions used;

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Homeland Security, 500 C Street, SW., Corps for their fields of interest and FOR FURTHER INFORMATION CONTACT: Room 316, Washington, DC 20472. expertise, as well as geographical Contact Suzann Gallagher, Program FOR FURTHER INFORMATION CONTACT: location, in order to allow Citizen Corps Specialist, Federal Emergency Contact Victoria Childs, Program Council personnel to better plan and Management Agency, Emergency Specialist, Community and Family coordinate activities. Preparedness and Response Directorate, at (202) 646–3737 for additional Services Branch, Recovery Division, Collection of Information Readiness, Response and Recovery information. You may contact Ms. Directorate, (202) 646–3844 for Title: Citizen Corps Individual Anderson for copies of the proposed additional information. You may Volunteer Registration. information collection at email address contact Ms. Anderson for copies of the Type of Information Collection: [email protected]. proposed collection of information at Existing collection in use without an OMB control number. Dated: March 26, 2003. (202) 646–2625, facsimile number (202) Vernon Adler, 646–3347, or email address: OMB Number: 1660–New. Acting Division Director, Information [email protected]. Abstract: Citizen Corps requests information from individuals who Resources Management Division, Information Dated: March 26, 2003. would like to support the Citizen Corps Technology Services Directorate. Vernon Adler, program as volunteers. The requested [FR Doc. 03–7792 Filed 4–1–03; 8:45 am] Acting Division Director, Information information will allow Citizen Corps to BILLING CODE 6718–01–P Resource Management Division, Information group potential volunteers by their Technology Services Directorate. fields of interest and expertise, as well [FR Doc. 03–7791 Filed 4–1–03; 8:45 am] as by their geographical location. This DEPARTMENT OF HOMELAND BILLING CODE 6718–01–P information will be used primarily by SECURITY local Citizen Corps Councils in order for Federal Emergency Management them to plan and coordinate activities. DEPARTMENT OF HOMELAND Affected Public: Individuals or Agency SECURITY households. Agency Information Collection Estimated Total Annual Burden Federal Emergency Management Activities: Proposed Collection; Hours: 3333 hours. Comment Request Agency Number of Respondents: 40,000. Frequency of Response: One-Time. Agency Information Collection AGENCY: Federal Emergency Hour Burden Per Response: 5 Activities: Proposed Collection; Management Agency, Emergency minutes. Comment Request Preparedness and Response Directorate, Comments: Homeland Security. AGENCY: Federal Emergency Management Agency, Emergency Written comments are solicited to (a) ACTION: Notice and request for Preparedness and Response Directorate, evaluate whether the proposed data comments. Homeland Security. collection is necessary for the proper SUMMARY: The Federal Emergency ACTION: performance of the agency, including Notice and request for Management Agency, as part of its comments. whether the information shall have practical utility; (b) evaluate the continuing effort to reduce paperwork SUMMARY: The Federal Emergency accuracy of the agency’s estimate of the and respondent burden, invites the Management Agency, as part of its burden of the proposed collection of general public and other Federal continuing effort to reduce paperwork information, including the validity of agencies to take this opportunity to and respondent burden, invites the the methodology and assumptions used; comment on proposed new information general public and other Federal (c) enhance the quality, utility, and collections. In accordance with the agencies to take this opportunity to clarity of the information to be Paperwork Reduction Act of 1995 (44 comment on proposed new information collected; and (d) minimize the burden U.S.C. 3506(c)(2)(A)), this notice seeks collections. In accordance with the of the collection of information on those comments concerning the application Paperwork Reduction Act of 1995 (44 who are to respond, including through process for Citizen Corps affiliate U.S.C. 3506(c)(2)(A)), this notice seeks the use of appropriate automated, programs and organizations. comments concerning the application electronic, mechanical, or other SUPPLEMENTARY INFORMATION: Citizen process for Citizen Corps affiliate technological collection techniques or Corps, an initiative launched by programs and organizations. other forms of information technology, President George W. Bush in January SUPPLEMENTARY INFORMATION: Citizen e.g., permitting electronic submission of 2002, has a mission to harness the Corps, an initiative launched by responses. Comments should be power of every individual through President George W. Bush in January received within 60 days of the date of education, training, and volunteer 2002, has a mission to harness the this notice. service to make communities safer, power of every individual through ADDRESSES: Interested persons should stronger, and better prepared for the education, training, and volunteer submit written comments to Muriel B. threats of terrorism, crime, public health service to make communities safer, Anderson, Branch Chief, Records issues, and disasters of all kinds. In stronger, and better prepared for the Management Branch, Information order to fulfill its mission, Citizen Corps threats of terrorism, crime, public health Resources Management Division, seeks to establish a network of state, issues, and disasters of all kinds. In Information Technology Services local, and tribal councils that will order to fulfill its mission, Citizen Corps Directorate, Federal Emergency coordinate activities at these levels. The Councils will coordinate service and Management Agency, Emergency Citizen Corps Council registration form training activities at the state, local, and Preparedness and Response Directorate, will allow Citizen Corps personnel to tribal levels. The Citizen Corps Department of Homeland Security, 500 ensure that proposed Councils have the Individual Registration form asks those C Street, SW., Room 316, Washington, support of the appropriate government interested in participating in Citizen DC 20472. officials in their area and will have a

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dedicated member assigned to the Management Agency, Emergency Support System (MNUSS) Data coordination of Council activities. Preparedness and Response Directorate, Worksheet. at (202) 646–3737 for additional Type of Information Collection: Collection of Information information. You may contact Ms. Existing collection in use without an Title: Citizen Corps Council Anderson for copies of the proposed OMB control number. Registration. collection of information at email OMB Number: 1660–New. Type of Information Collection: New address: Abstract: To fulfill the mandate Collection. [email protected]. specified in section 575 of the NFIRA, FEMA established the Mapping Needs OMB Number: 1660–New. Dated: March 26, 2003. Abstract: Citizen Corps requests Assessment process and the MNUSS Vernon Adler, information from state, local, and tribal database in order to effectively identify based groups that would like to support Acting Division Director, Information and document data regarding Resources Management Division, Information community flood hazard mapping the Citizen Corps program through Technology Services Directorate. becoming recognized Citizen Corps needs. MNUSS is designed to store [FR Doc. 03–7793 Filed 4–1–03; 8:45 am] Councils. The requested information mapping needs at the community level. will ensure that Citizen Corps Councils BILLING CODE 6718–01–P The current version of MNUSS is an are sponsored by the appropriate interactive, web-enabled password protected database. In order to facilitate governmental officer and are capable of DEPARTMENT OF HOMELAND the identification and collection of supporting its mission. SECURITY Affected Public: State, Local, and communities’ current flood hazard Tribal Governments; Not-For-Profit Federal Emergency Management mapping needs for input into MNUSS, Institutions. Agency FEMA developed the MNUSS Data Number of Respondents: 1,000. Worksheet. Frequency of Response: One-Time. Agency Information Collection Flood hazard mapping needs Hour Burden Per Response: 10 Activities: Proposed Collection; information enables FEMA to be more minutes. Comment Request responsive to ongoing changes affecting Estimated Total Annual Burden flood hazard areas that occur in Hours: 167 hours. AGENCY: Federal Emergency communities participating in the NFIP. Management Agency, Emergency The changes include, but are not limited Comments Preparedness and Response Directorate, to, new corporate limit boundaries, Written comments are solicited to (a) Homeland Security. changes in the road network, and Evaluate whether the proposed data ACTION: Notice and request for changes in flood hazard areas, which collection is necessary for the proper comments. affect communities’ flood risks. The performance of the agency, including information is also used in providing whether the information shall have SUMMARY: The Federal Emergency justification for FEMA when requesting practical utility; (b) evaluate the Management Agency, as part of its funding for flood map updates and is accuracy of the agency’s estimate of the continuing effort to reduce paperwork used along with other information to burden of the proposed collection of and respondent burden, invites the prioritize the flood hazard mapping information, including the validity of general public and other Federal needs of all mapped communities the methodology and assumptions used; agencies to take this opportunity to participating in the NFIP to assist in the (c) enhance the quality, utility, and comment on proposed new information allocation of annual funds for flood clarity of the information to be collections. In accordance with the hazard map updates. collected; and (d) minimize the burden Paperwork Reduction Act of 1995 (44 Affected Public: State, Local, and of the collection of information on those U.S.C. 3506(c)(2)(A)), this notice seeks Tribal Governments. who are to respond, including through comments concerning the use of the Number of Respondents: 1,800. the use of appropriate automated, Mapping Needs Update Support System Frequency of Response: Once every electronic, mechanical, or other (MNUSS) Data Worksheet to collect data five years. technological collection techniques or on flood hazard mapping needs. Hour Burden Per Response: 4.5. other forms of information technology, Estimated Total Annual Burden SUPPLEMENTARY INFORMATION: Public Hours: 8,400. e.g., permitting electronic submission of Law 103–325, The Riegle Community responses. Comments should be Development and Regulatory Comments received within 60 days of the date of Improvement Act of 1994, Title V— Written comments are solicited to (a) this notice. National Flood Insurance Reform, evaluate whether the proposed data ADDRESSES: Interested persons should section 575, Updating of Flood Maps collection is necessary for the proper submit written comments to Muriel B. (also known as section 575 of the performance of the agency, including Anderson, Branch Chief, Records National Flood Insurance Reform Act whether the information shall have Management Branch, Information (FNIRA) of 1994), mandates that at least practical utility; (b) evaluate the Resources Management Division, once every five years, the Federal accuracy of the agency’s estimate of the Information Technology Services Emergency Management Agency burden of the proposed collection of Directorate, Federal Emergency (FEMA) will assess the need to revise information, including the validity of Management Agency, Emergency and update all floodplain areas and the methodology and assumptions used; Preparedness and Response Directorate, flood risk zones identified, delineated, (c) enhance the quality, utility, and Department of Homeland Security, 500 or established under section 1360 of the clarity of the information to be C Street, SW., Room 316, Washington, National Flood Insurance Act of 1968. collected; and (d) minimize the burden DC 20472. of the collection of information on those Collection of Information FOR FURTHER INFORMATION CONTACT: who are to respond, including through Contact Suzann Gallagher, Program Title: National Flood Insurance the use of appropriate automated, Specialist, Federal Emergency Program—Mapping Needs Update electronic, mechanical, or other

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technological collection techniques or SUPPLEMENTARY INFORMATION: The practical utility; (b) evaluate the other forms of information technology, Community Disaster Loan (CDL) accuracy of the agency’s estimate of the e.g., permitting electronic submission of Program is authorized by section 417 of burden of the proposed collection of responses. Comments should be the Disaster Relief Act of 1974 (Pub. L. information, including the validity of received within 60 days of the date of 93–288), as amended by the Robert T. the methodology and assumptions used; this notice. Stafford Disaster Relief and Emergency (c) enhance the quality, utility, and ADDRESSES: Interested persons should Act of 1988 (Pub. L. 100–707), and clarity of the information to be submit written comments to Muriel B. implemented by FEMA regulation 44 collected; and (d) minimize the burden Anderson, Chief, Records Management CFR, subpart K, Community Disaster of the collection of information on those Branch, Information Resources Loans, section 206.366. The CDL who are to respond, including through Management Division, Information Program offers loans to local the use of appropriate automated, Technology Services Directorate, governments that have suffered a electronic, mechanical, or other Federal Emergency Management substantial loss of tax or other revenues technological collection techniques or Agency, Emergency Preparedness and as a result of a major disaster or other forms of information technology, Response Directorate, Department of emergency and demonstrates a need for e.g., permitting electronic submission of Homeland Security, 500 C Street, SW., Federal financial assistance in order to responses. Comments should be Room 316, Washington, DC 20472. perform their governmental functions. received within 60 days of the date of The loan must be justified on the basis this notice. FOR FURTHER INFORMATION CONTACT: of need and be based on the actual and Contact Cynthia Croxdale, Mitigation ADDRESSES: Interested persons should projected expenses, as a result of the Division, Federal Emergency submit written comments to Muriel B. disaster, for the fiscal year in which the Management Agency, Emergency Anderson, Chief, Records Management disaster occurred and the three Preparedness and Response Directorate, Branch, Information Resources succeeding fiscal years. at (202) 646–3458 for additional Management Division, Information information. You may contact Ms. Collection of Information. Technology Services Directorate, Federal Emergency Management Anderson for copies of the proposed Title: Application for Loan collection of information at e-mail Agency, Emergency Preparedness and Cancellation. Response Directorate, Department of address: Type of Information Collection: [email protected]. Homeland Security, 500 C Street, SW., Reinstatement, without change, of a Room 316, Washington, DC 20472. Dated: March 26, 2003. previously approved collection for FOR FURTHER INFORMATION CONTACT: Vernon Adler, which approval has expired. OMB Number: 3067–0026. Contact Gerry Miederhoff at (202) 646– Acting Division Director, Information 3683 for additional information Resources Management Division, Information Form Number: FEMA Form 90–5. Abstract: Local governments may regarding this information collection. Technology Services Directorate. You may contact Ms. Anderson for [FR Doc. 03–7794 Filed 4–1–03; 8:45 am] submit an Application for Loan Cancellation through the Governor’s copies of the proposed information BILLING CODE 6718–01–P Authorized Representative to the FEMA collection at (202) 646–2625, facsimile Regional Director prior to the expiration number (202) 646–3347, or by e-mail at [email protected]. DEPARTMENT OF HOMELAND date of the loan. FEMA has the authority SECURITY to cancel repayment of all or part of a Dated: March 26, 2003. Community Disaster Loan to the extent Vernon Adler, Federal Emergency Management that a determination is made that Acting Division Director, Information Agency revenues of the local government during Resources Management Division, Information the three fiscal years following the Technology Services Directorate. Agency Information Collection disaster are insufficient to meet the [FR Doc. 03–7795 Filed 4–1–03; 8:45 am] Activities: Proposed Collection; operating budget of that local BILLING CODE 6718–01–P Comment Request government because of disaster-related revenue losses and additional AGENCY: Federal Emergency unreimbursed disaster-related Management Agency, Emergency DEPARTMENT OF HOMELAND municipal operating character. Preparedness and Response Directorate, SECURITY Operating budget means actual revenues Homeland Security. and expenditures of the local Federal Emergency Management ACTION: Notice and request for government as published in the official Agency comments. financial statements of the local [FEMA–3183–EM] government. SUMMARY: The Federal Emergency Affected Public: State, Local, or Tribal Management Agency, as part of its Delaware; Emergency and Related Governments. Determinations continuing effort to reduce paperwork Estimated Total Annual Burden and respondent burden, invites the Hours: 30. AGENCY: Federal Emergency general public, state, local, or tribal Number of Respondents: 5. Management Agency, Emergency governments and other Federal agencies Frequency of Response: On occasion. Preparedness and Response, Homeland to take this opportunity to comment on Hour Burden Per Response: 6 hours. Security. the proposed collection of information. ACTION: Notice. In accordance with the Paperwork Comments Reduction Act of 1995 (44 U.S.C. Written comments are solicited to (a) SUMMARY: This is a notice of the 3506(c)(2)(A)), this notice seeks evaluate whether the proposed data Presidential declaration of an comments on the cancellation of Federal collection is necessary for the proper emergency for the State of Delaware assistance loans to any local performance of the agency, including (FEMA–3183–EM), dated March 20, governments. whether the information shall have 2003, and related determinations.

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EFFECTIVE DATE: March 20, 2003. (Catalog of Federal Domestic Assistance No. Act will be limited to 75 percent of the total 83.516, Disaster Assistance) eligible costs FOR FURTHER INFORMATION CONTACT: Michael D. Brown, Further, you are authorized to make Magda Ruiz, Recovery Division, Federal Acting Under Secretary, Emergency changes to this declaration to the extent Emergency Management Agency, Preparedness and Response. allowable under the Stafford Act. Washington, DC 20472, (202) 646–2705. [FR Doc. 03–7993 Filed 4–1–03; 8:45 am] The time period prescribed for the SUPPLEMENTARY INFORMATION: Notice is BILLING CODE 6718–02–P implementation of section 310(a), hereby given that, in a letter dated Priority to Certain Applications for March 20, 2003, the President declared Public Facility and Public Housing DEPARTMENT OF HOMELAND an emergency under the authority of the Assistance, 42 U.S.C. 5153, shall be for SECURITY Robert T. Stafford Disaster Relief and a period not to exceed six months after Emergency Assistance Act, 42 U.S.C. Federal Emergency Management the date of this declaration. 5121–5206 (the Stafford Act), as follows: Agency The Federal Emergency Management I have determined that the emergency Agency (FEMA) hereby gives notice that [FEMA–1454–DR] conditions in certain areas of the State of pursuant to the authority vested in the Delaware, resulting from the record/near Commonwealth of Kentucky; Major Acting Under Secretary for Emergency record snow on February 14–19, 2003, is of Disaster and Related Determinations Preparedness and Response, Department sufficient severity and magnitude to warrant of Homeland Security, under Executive an emergency declaration under the Robert T. AGENCY: Federal Emergency Order 12148, as amended by Executive Stafford Disaster Relief and Emergency Management Agency, Emergency Order 13286, Gracia Szczech of the Assistance Act, 42 U.S.C. 5121–5206 Preparedness and Response, Homeland Federal Emergency Management Agency (Stafford Act). I, therefore, declare that such Security. is appointed to act as the Federal an emergency exists in the State of Delaware. ACTION: Notice. Coordinating Officer for this declared You are authorized to provide emergency disaster. protective measures under the Public SUMMARY: This is a notice of the I do hereby determine the following Assistance program to save lives, protect Presidential declaration of a major areas of the Commonwealth of Kentucky public health and safety, and property. Other disaster for the Commonwealth of forms of assistance under Title V of the to have been affected adversely by this Kentucky (FEMA–1454–DR), dated declared major disaster: Stafford Act may be added at a later date, as March 14, 2003, and related you deem appropriate. You are further determinations. Breathitt, Carter, Clarke, Fayette, Floyd, authorized to provide this emergency Greenup, Johnson, Knott, Leslie, Letcher, assistance in the affected areas for a period EFFECTIVE DATE: March 14, 2003. Lewis, Martin, Owsley, Perry, and Pike of 48 hours. You may extend the period of FOR FURTHER INFORMATION CONTACT: Counties for Individual Assistance. assistance, as warranted. This assistance Magda Ruiz, Recovery Division, Federal Anderson, Bath, Bourbon, Boyd, Bracken, excludes regular time costs for sub-grantees’ Emergency Management Agency, Breathitt, Breckenridge, Carter, Clark, Clay, regular employees. Assistance under this Washington, DC 20472, (202) 646–2705. Elliott, Estill, Fayette, Fleming, Floyd, Grant, emergency is authorized at 75 percent Grayson, Green, Greenup, Harrison, SUPPLEMENTARY INFORMATION: Notice is Jessamine, Johnson, Knott, Knox, Lawrence, Federal funding for eligible costs. hereby given that, in a letter dated Lee, Leslie, Letcher, Lewis, Magoffin, Martin, In order to provide Federal assistance, you March 14, 2003, the President declared Mason, Meade, Menifee, Mercer, Morgan, are hereby authorized to allocate from funds a major disaster under the authority of Nicholas, Owsley, Pendleton, Perry, Pike, available for these purposes, such amounts as the Robert T. Stafford Disaster Relief Powell, Robertson, Rowan, Scott, Shelby, you find necessary for Federal disaster and Emergency Assistance Act, 42 Spencer, Washington, Whitley, Wolfe, and assistance and administrative expenses. U.S.C. 5121–5206 (the Stafford Act), as Woodford Counties for Public Assistance. Further, you are authorized to make follows: changes to this declaration to the extent All counties within the allowable under the Stafford Act. I have determined that the damage in Commonwealth of Kentucky are eligible certain areas of the Commonwealth of to apply for assistance under the Hazard Kentucky, resulting from severe winter ice The Federal Emergency Management Mitigation Grant Program. Agency (FEMA) hereby gives notice that and snow storms, heavy rain, flooding, pursuant to the authority vested in the tornadoes, and mud and rock slides on (The following Catalog of Federal Domestic February 15–26, 2003, is of sufficient severity Acting Under Secretary for Emergency Assistance Numbers (CFDA) are to be used and magnitude to warrant a major disaster for reporting and drawing funds: 83.537, Preparedness and Response, Department declaration under the Robert T. Stafford Community Disaster Loans; 83.538, Cora of Homeland Security, under Executive Disaster Relief and Emergency Assistance Brown Fund Program; 83.539, Crisis Order 12148, as amended by Executive Act, 42 U.S.C. 5121–5206 (Stafford Act). I, Counseling; 83.540, Disaster Legal Services Order 13286, Thomas Davies of the therefore, declare that such a major disaster Program; 83.541, Disaster Unemployment Federal Emergency Management Agency exists in the Commonwealth of Kentucky. Assistance (DUA); 83.556, Fire Management In order to provide Federal assistance, you Assistance; 83.558, Individual and is appointed to act as the Federal are hereby authorized to allocate from funds Coordinating Officer for this declared Household Housing; 83.559, Individual and available for these purposes, such amounts as Household Disaster Housing Operations; emergency. you find necessary for Federal disaster 83.560 Individual and Household Program- assistance and administrative expenses. I do hereby determine the following Other Needs, 83.544, Public Assistance You are authorized to provide Individual areas of the State of Delaware to have Grants; 83.548, Hazard Mitigation Grant Assistance and Public Assistance in the been affected adversely by this declared designated areas, and Hazard Mitigation Program.) emergency: throughout the Commonwealth. Consistent Michael D. Brown, with the requirement that Federal assistance Kent, New Castle, and Sussex Counties for Acting Under Secretary, Emergency be supplemental, any Federal funds provided emergency protective measures (Category B) Preparedness and Response. under the Public Assistance program for a under the Stafford Act for Public Assistance, Hazard Mitigation, and the Other Needs [FR Doc. 03–7985 Filed 4–1–03; 8:45 am] period of 48 hours. Assistance under Section 408 of the Stafford BILLING CODE 6718–02–P

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DEPARTMENT OF HOMELAND of Homeland Security, under Executive In order to provide Federal assistance, you SECURITY Order 12148, as amended by Executive are hereby authorized to allocate from funds Order 13286, James N. Russo of the available for these purposes, such amounts as Federal Emergency Management Federal Emergency Management Agency you find necessary for Federal disaster Agency assistance and administrative expenses. is appointed to act as the Federal You are authorized to provide emergency [FEMA–3174–EM] Coordinating Officer for this declared protective measures under the Public emergency. Assistance program to save lives, protect Maine; Emergency and Related I do hereby determine the following public health and safety, and property. Other Determinations area of the State of Maine to have been forms of assistance under Title V of the affected adversely by this declared Stafford Act may be added at a later date, as AGENCY: Federal Emergency emergency: you deem appropriate. You are further Management Agency, Emergency authorized to provide this emergency Preparedness and Response, Homeland Aroostook County for emergency protective assistance in the affected areas for a period Security. measures (Category B) under the Public of 48 hours. You may extend the period of Assistance program for a period of 48 hours. ACTION: Notice. assistance, as warranted. This assistance (Catalog of Federal Domestic Assistance No. excludes regular time costs for sub-grantees’ SUMMARY: This is a notice of the 83.516, Disaster Assistance) regular employees. Assistance under this emergency is authorized at 75 percent Presidential declaration of an Michael D. Brown, emergency for the State of Maine Federal funding for eligible costs. Acting Under Secretary, Emergency Further, you are authorized to make (FEMA–3174–EM), dated March 11, Preparedness and Response. changes to this declaration to the extent 2003, and related determinations. [FR Doc. 03–7989 Filed 4–1–03; 8:45 am] allowable under the Stafford Act. EFFECTIVE DATE: March 11, 2003. BILLING CODE 6718–02–P The Federal Emergency Management FOR FURTHER INFORMATION CONTACT: Agency (FEMA) hereby gives notice that Magda Ruiz, Recovery Division, Federal pursuant to the authority vested in the DEPARTMENT OF HOMELAND Emergency Management Agency, Acting Under Secretary for Emergency SECURITY Washington, DC 20472, (202) 646–2705. Preparedness and Response, Department SUPPLEMENTARY INFORMATION: Notice is of Homeland Security, under Executive hereby given that, in a letter dated Federal Emergency Management Agency Order 12148, as amended by Executive March 11, 2003, the President declared Order 13286, James N. Russo of the an emergency under the authority of the [FEMA–3175–EM] Federal Emergency Management Agency Robert T. Stafford Disaster Relief and is appointed to act as the Federal Emergency Assistance Act, 42 U.S.C. Massachusetts; Emergency and Coordinating Officer for this declared 5121–5206 (the Stafford Act), as follows: Related Determinations emergency. I have determined that the impact in AGENCY: Federal Emergency I do hereby determine the following certain areas of the State of Maine, resulting Management Agency, Emergency areas of the Commonwealth of from the record/ near record snow on Preparedness and Response, Homeland Massachusetts to have been affected February 2–4, 2003, is of sufficient severity Security. adversely by this declared emergency: and magnitude to warrant an emergency declaration under the Robert T. Stafford ACTION: Notice. Barnstable, Berkshire, Bristol, Dukes, Disaster Relief and Emergency Assistance Essex, Franklin, Hampden, Hampshire, Act, 42 U.S.C. 5121–5206 (Stafford Act). I, SUMMARY: This is a notice of the Middlesex, Nantucket, Norfolk, Plymouth, therefore, declare that such an emergency Presidential declaration of an Suffolk, and Worcester Counties for exists in the State of Maine. emergency for the Commonwealth of emergency protective measures (Category B) In order to provide Federal assistance, you Massachusetts (FEMA–3175–EM), dated under the Public Assistance program for a period of 48 hours. are hereby authorized to allocate from funds March 11, 2003, and related available for these purposes, such amounts as determinations. (Catalog of Federal Domestic Assistance No. you find necessary for Federal disaster 83.516, Disaster Assistance) EFFECTIVE DATE: assistance and administrative expenses. March 11, 2003. Michael D. Brown, You are authorized to provide emergency FOR FURTHER INFORMATION CONTACT: Acting Under Secretary, Emergency protective measures under the Public Magda Ruiz, Recovery Division, Federal Preparedness and Response. Assistance program to save lives, protect Emergency Management Agency, [FR Doc. 03–7990 Filed 4–1–03; 8:45 am] public health and safety, and property. Other Washington, DC 20472, (202) 646–2705. forms of assistance under Title V of the BILLING CODE 6718–02–P Stafford Act may be added at a later date, as SUPPLEMENTARY INFORMATION: Notice is you deem appropriate. You are further hereby given that, in a letter dated authorized to provide this emergency March 11, 2003, the President declared DEPARTMENT OF HOMELAND assistance in the affected area for a period of an emergency under the authority of the SECURITY 48 hours. You may extend the period of Robert T. Stafford Disaster Relief and assistance, as warranted. This assistance Emergency Assistance Act, 42 U.S.C. Federal Emergency Management excludes regular time costs for sub-grantees’ 5121–5206 (the Stafford Act), as follows: Agency regular employees. Assistance under this emergency is authorized at 75 percent I have determined that the impact in [FEMA–3181–EM] Federal funding for eligible costs. certain areas of the Commonwealth of Further, you are authorized to make Massachusetts, resulting from the record/near New Jersey; Emergency and Related changes to this declaration to the extent record snow on February 17–18, 2003, is of Determinations allowable under the Stafford Act. sufficient severity and magnitude to warrant an emergency declaration under the Robert T. AGENCY: Federal Emergency The Federal Emergency Management Stafford Disaster Relief and Emergency Management Agency, Emergency Agency (FEMA) hereby gives notice that Assistance Act, 42 U.S.C. 5121–5206 Preparedness and Response, Homeland pursuant to the authority vested in the (Stafford Act). I, therefore, declare that such Security. Acting Under Secretary for Emergency an emergency exists in the Commonwealth of ACTION: Notice. Preparedness and Response, Department Massachusetts.

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SUMMARY: This is a notice of the Somerset, Sussex, Union, and Warren assistance, as warranted. This assistance Presidential declaration of an Counties for emergency protective measures excludes regular time costs for sub-grantees’ emergency for the State of New Jersey (Category B) under the Public Assistance regular employees. Assistance under this (FEMA–3181–EM), dated March 20, program for a period of 48 hours. emergency is authorized at 75 percent Federal funding for eligible costs. 2003, and related determinations. (Catalog of Federal Domestic Assistance No. 83.516, Disaster Assistance) Further, you are authorized to make EFFECTIVE DATE: March 20, 2003. changes to this declaration to the extent Michael D. Brown, FOR FURTHER INFORMATION CONTACT: allowable under the Stafford Act. Acting Under Secretary, Emergency Magda Ruiz, Recovery Division, Federal Notice is hereby given that pursuant Emergency Management Agency, Preparedness and Response. [FR Doc. 03–7992 Filed 4–1–03; 8:45 am] to the authority vested in the Director of Washington, DC 20472, (202) 646–2705. the Federal Emergency Management BILLING CODE 6718–02–P SUPPLEMENTARY INFORMATION: Notice is Agency under Executive Order 12148, I hereby given that, in a letter dated hereby appoint Marianne Jackson of the March 20, 2003, the President declared FEDERAL EMERGENCY Federal Emergency Management Agency an emergency under the authority of the MANAGEMENT AGENCY to act as the Federal Coordinating Robert T. Stafford Disaster Relief and Officer for this declared emergency. Emergency Assistance Act, 42 U.S.C. [FEMA–3173–EM] I do hereby determine the following 5121–5206 (the Stafford Act), as follows: areas of the State of New York to have New York; Emergency and Related been affected adversely by this declared I have determined that the impact in Determinations certain areas of the State of New Jersey, emergency: resulting from the record/near record snow AGENCY: Federal Emergency FEMA intends to provide assistance for on February 16–17, 2003, is of sufficient Management Agency (FEMA). emergency protective measures (Category B) severity and magnitude to warrant an under the Public Assistance program to save emergency declaration under the Robert T. ACTION: Notice. lives, protect public health and safety, and Stafford Disaster Relief and Emergency SUMMARY: This is a notice of the Assistance Act, 42 U.S.C. 5121–5206 property. (Stafford Act). I, therefore, declare that such Presidential declaration of an This emergency assistance will be an emergency exists in the State of New emergency for the State of New York provided for a period of 96 hours for Albany, Jersey. (FEMA–3173–EM), dated February 25, Chenango, Columbia, Delaware, Greene, In order to provide Federal assistance, you 2003, and related determinations. Herkimer, Montgomery, Otsego, Schenectady, Sullivan, and Ulster Counties. are hereby authorized to allocate from funds EFFECTIVE DATE: February 25, 2003. Emergency assistance will be provided for available for these purposes, such amounts as FOR FURTHER INFORMATION CONTACT: you find necessary for Federal disaster a 48-hour period for Broome, Fulton, Oneida, assistance and administrative expenses. Magda Ruiz, Response and Recovery Orange, Saratoga, and Schoharie Counties. You are authorized to provide emergency Directorate, Federal Emergency (Catalog of Federal Domestic Assistance No. protective measures under the Public Management Agency, Washington, DC 83.544, Disaster Assistance) Assistance program to save lives, protect 20472, (202) 646–2705. Joe M. Allbaugh, public health and safety, and property. Other SUPPLEMENTARY INFORMATION: Notice is Director. forms of assistance under Title V of the hereby given that, in a letter dated [FR Doc. 03–7988 Filed 4–1–03; 8:45 am] Stafford Act may be added at a later date, as February 25, 2003, the President you deem appropriate. You are further BILLING CODE 6718–02–P authorized to provide this emergency declared an emergency under the assistance in the affected areas for a period authority of the Robert T. Stafford of 48 hours. You may extend the period of Disaster Relief and Emergency DEPARTMENT OF HOMELAND assistance, as warranted. This assistance Assistance Act, 42 U.S.C. 5121–5206c SECURITY excludes regular time costs for sub-grantees’ (the Stafford Act), as follows: regular employees. Assistance under this I have determined that the impact in Federal Emergency Management emergency is authorized at 75 percent certain areas of the State of New York, Agency Federal funding for eligible costs. resulting from the record/near record Further, you are authorized to make snowstorms on December 25–26, 2002, and [FEMA–1453–DR] changes to this declaration to the extent January 3–4, 2003, is of sufficient severity allowable under the Stafford Act. and magnitude to warrant an emergency Ohio; Major Disaster and Related The Federal Emergency Management declaration under the Robert T. Stafford Determinations Disaster Relief and Emergency Assistance Agency (FEMA) hereby gives notice that AGENCY: Federal Emergency pursuant to the authority vested in the Act, 42 U.S.C. 5121–5206 (Stafford Act). I, therefore, declare that such an emergency Management Agency, Emergency Acting Under Secretary for Emergency Preparedness and Response, Homeland Preparedness and Response, Department exists in the State of New York. In order to provide Federal assistance, you Security. of Homeland Security, under Executive are hereby authorized to allocate from funds ACTION: Notice. Order 12148, as amended by Executive available for these purposes, such amounts as Order 13286, Peter Martinasco of the you find necessary for Federal disaster SUMMARY: This is a notice of the Federal Emergency Management Agency assistance and administrative expenses. Presidential declaration of a major is appointed to act as the Federal You are authorized to provide emergency disaster for the State of Ohio (FEMA– Coordinating Officer for this declared protective measures under the Public 1453–DR), dated March 14, 2003, and Assistance program to save lives, protect emergency. related determinations. I do hereby determine the following public health and safety, and property. Other EFFECTIVE DATE: areas of the State of New Jersey to have forms of assistance under Title V of the March 14, 2003. been affected adversely by this declared Stafford Act may be added at a later date, as FOR FURTHER INFORMATION CONTACT: you deem appropriate. You are further emergency: Magda Ruiz, Recovery Division, Federal authorized to provide this emergency Emergency Management Agency, Atlantic, Bergen, Burlington, Camden, assistance in the affected areas for a period Cape May, Cumberland, Essex, Gloucester, of 96 hours for the 11 counties so designated Washington, DC 20472, (202) 646–2705. Hudson, Hunterdon, Mercer, Middlesex, and 48 hours for the 6 counties so SUPPLEMENTARY INFORMATION: Notice is Monmouth, Morris, Ocean, Passaic, Salem, designated. You may extend the period of hereby given that, in a letter dated

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March 14, 2003, the President declared Fayette, Franklin, Greene, Guernsey, Pennsylvania, resulting from the record/near a major disaster under the authority of Madison, Monroe, and Muskingum Counties record snow on February 14–19, 2003, is of the Robert T. Stafford Disaster Relief for emergency protective measures (Category sufficient severity and magnitude to warrant and Emergency Assistance Act, 42 B) under the Public Assistance program for an emergency declaration under the Robert T. a period of 48 hours. U.S.C. 5121–5206 (the Stafford Act), as Stafford Disaster Relief and Emergency follows: All counties within the State of Ohio Assistance Act, 42 U.S.C. 5121–5206 are eligible to apply for assistance under (Stafford Act). I, therefore, declare that such I have determined that the damage in the Hazard Mitigation Grant Program. an emergency exists in the Commonwealth of certain areas of the State of Ohio, resulting Pennsylvania. from a severe winter storm and record/near (The following Catalog of Federal Domestic In order to provide Federal assistance, you record snow on February 14, 2003, and Assistance Numbers (CFDA) are to be used are hereby authorized to allocate from funds continuing, is of sufficient severity and for reporting and drawing funds: 83.537, available for these purposes, such amounts as magnitude to warrant a major disaster Community Disaster Loans; 83.538, Cora declaration under the Robert T. Stafford Brown Fund Program; 83.539, Crisis you find necessary for Federal disaster Disaster Relief and Emergency Assistance Counseling; 83.540, Disaster Legal Services assistance and administrative expenses. Act, 42 U.S.C. 5121–5206 (the Stafford Act). Program; 83.541, Disaster Unemployment You are authorized to provide emergency I, therefore, declare that such a major disaster Assistance (DUA); 83.556, Fire Management protective measures under the Public exists in the State of Ohio. Assistance; 83.558, Individual and Assistance program to save lives, protect In order to provide Federal assistance, you Household Housing; 83.559, Individual and public health and safety, and property. Other are hereby authorized to allocate from funds Household Disaster Housing Operations; forms of assistance under Title V of the available for these purposes, such amounts as 83.560, Individual and Household Program— Stafford Act may be added at a later date, as you find necessary for Federal disaster Other Needs; 83.544, Public Assistance you deem appropriate. You are further assistance and administrative expenses. Grants; 83.548, Hazard Mitigation Grant authorized to provide this emergency You are authorized to provide Individual Program.) assistance in the affected areas for a period Assistance in the designated areas, all Michael D. Brown, of 48 hours. You may extend the period of categories of Public Assistance in the Acting Under Secretary, Emergency assistance, as warranted. This assistance designated areas, emergency assistance Preparedness and Response. excludes regular time costs for sub-grantees’ (emergency protective measures, Category B regular employees. Assistance under this under the Public Assistance program) for a [FR Doc. 03–7984 Filed 4–1–03; 8:45 am] period of 48 hours in the designated areas, BILLING CODE 6718–02–P emergency is authorized at 75 percent and Hazard Mitigation throughout the State. Federal funding for eligible costs. Consistent with the requirement that Federal Further, you are authorized to make assistance be supplemental, any Federal DEPARTMENT OF HOMELAND changes to this declaration to the extent funds provided under the Stafford Act for SECURITY allowable under the Stafford Act. Public Assistance, Hazard Mitigation, and the Other Needs Assistance under section 408 of Federal Emergency Management The Federal Emergency Management the Stafford Act will be limited to 75 percent Agency Agency (FEMA) hereby gives notice that of the total eligible costs. pursuant to the authority vested in the Further, you are authorized to make [FEMA–3180–EM] Acting Under Secretary for Emergency changes to this declaration to the extent Preparedness and Response, Department allowable under the Stafford Act. Pennsylvania; Emergency and Related of Homeland Security, under Executive Determinations The time period prescribed for the Order 12148, as amended by Executive implementation of section 310(a), AGENCY: Federal Emergency Order 13286, Thomas Davies of the Priority to Certain Applications for Management Agency, Emergency Federal Emergency Management Agency Public Facility and Public Housing Preparedness and Response, Homeland is appointed to act as the Federal Assistance, 42 U.S.C. 5153, shall be for Security. Coordinating Officer for this declared a period not to exceed six months after ACTION: Notice. emergency. the date of this declaration. I do hereby determine the following The Federal Emergency Management SUMMARY: This is a notice of the areas of the Commonwealth of Agency (FEMA) hereby gives notice that Presidential declaration of an Pennsylvania to have been affected pursuant to the authority vested in the emergency for the Commonwealth of adversely by this declared emergency: Acting Under Secretary for Emergency Pennsylvania (FEMA–3180–EM), dated Preparedness and Response, Department March 14, 2003, and related Adams, Bedford, Berks, Blair, Cambria, of Homeland Security, under Executive determinations. Chester, Clinton, Columbia, Cumberland, Order 12148, as amended by Executive Dauphin, Delaware, Fayette, Franklin, EFFECTIVE DATE: March 14, 2003. Fulton, Greene, Lancaster, Lebanon, Lehigh, Order 13286, Ron Sherman of the FOR FURTHER INFORMATION CONTACT: Lycoming, Montour, Montgomery, Federal Emergency Management Agency Magda Ruiz, Recovery Division, Federal Northampton, Perry, Philadelphia, is appointed to act as the Federal Schuylkill, Somerset, Union, Westmoreland, Coordinating Officer for this declared Emergency Management Agency, Washington, DC 20472, (202) 646–2705. and York Counties for emergency protective disaster. measures (Category B) under the Public SUPPLEMENTARY INFORMATION: Notice is I do hereby determine the following Assistance program for a period of 48 hours. areas of the State of Ohio to have been hereby given that, in a letter dated affected adversely by this declared March 14, 2003, the President declared (Catalog of Federal Domestic Assistance No. 83.516, Disaster Assistance) major disaster: an emergency under the authority of the Robert T. Stafford Disaster Relief and Michael D. Brown, Adams, Jackson, Lawrence, Pike, and Emergency Assistance Act, 42 U.S.C. Acting Under Secretary, Emergency Scioto Counties for Individual Assistance. Preparedness and Response. Adams, Gallia, Jackson, Lawrence, Meigs, 5121–5206 (the Stafford Act), as follows: Pike, Scioto, and Vinton Counties for Public I have determined that the impact in [FR Doc. 03–7991 Filed 4–1–03; 8:45 am] Assistance. certain areas of the Commonwealth of BILLING CODE 6718–02–P

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DEPARTMENT OF HOMELAND Acting Under Secretary for Emergency Emergency Management Agency, SECURITY Preparedness and Response, Department Washington, DC 20472, (202) 646–2705. of Homeland Security, under Executive SUPPLEMENTARY INFORMATION: Notice is Federal Emergency Management Order 12148, as amended by Executive hereby given that, in a letter dated Agency Order 13286, Charles M. Butler of the March 14, 2003, the President declared [FEMA–1456–DR] Federal Emergency Management Agency a major disaster under the authority of is appointed to act as the Federal the Robert T. Stafford Disaster Relief Tennessee; Major Disaster and Related Coordinating Officer for this declared and Emergency Assistance Act, 42 Determinations disaster. U.S.C. 5121–5206 (the Stafford Act), as I do hereby determine the following follows: AGENCY: Federal Emergency areas of the State of Tennessee to have I have determined that the damage in Management Agency, Emergency been affected adversely by this declared Preparedness and Response, Homeland certain areas of the State of West Virginia major disaster: resulting from a severe winter storm, record/ Security. Anderson, Bledsoe, Campbell, Cannon, near record snow, heavy rains, flooding, and ACTION: Notice. Carter, Claiborne, Cumberland, Decatur, landslides on February 16, 2003, and Fentress, Grainger, Hancock, Houston, continuing, is of sufficient severity and SUMMARY: This is a notice of the Humphreys, Jackson, Johnson, Lewis, magnitude to warrant a major disaster Presidential declaration of a major Loudon, Marion, Meigs, Rhea, Roane, Scott, declaration under the Robert T. Stafford disaster for the State of Tennessee Sequatchie, Stewart, Union and Van Buren Disaster Relief and Emergency Assistance (FEMA–1456–DR), dated March 20, for Public Assistance. Act, 42 U.S.C. 5121–5206 (the Stafford Act). I, therefore, declare that such a major disaster 2003, and related determinations. All counties within the State of EFFECTIVE DATE: March 20, 2003. exists in the State of West Virginia. Tennessee are eligible to apply for In order to provide Federal assistance, you FOR FURTHER INFORMATION CONTACT: assistance under the Hazard Mitigation are hereby authorized to allocate from funds Magda Ruiz, Recovery Division, Federal Grant Program. available for these purposes, such amounts as Emergency Management Agency, (The following Catalog of Federal Domestic you find necessary for Federal disaster Washington, DC 20472, (202) 646–2705. Assistance Numbers (CFDA) are to be used assistance and administrative expenses. SUPPLEMENTARY INFORMATION: Notice is for reporting and drawing funds: 83.537, You are authorized to provide Individual hereby given that, in a letter dated Community Disaster Loans; 83.538, Cora Assistance in the designated areas, all March 20, 2003, the President declared Brown Fund Program; 83.539, Crisis categories of Public Assistance in the Counseling; 83.540, Disaster Legal Services designated areas, emergency assistance a major disaster under the authority of (emergency protective measures, Category B the Robert T. Stafford Disaster Relief Program; 83.541, Disaster Unemployment Assistance (DUA); 83.556, Fire Management under the Public Assistance program) for a and Emergency Assistance Act, 42 Assistance; 83.558, Individual and period of 48 hours in the designated areas, U.S.C. 5121–5206 (the Stafford Act), as Household Housing; 83.559, Individual and and Hazard Mitigation throughout the State. follows: Household Disaster Housing Operations; Consistent with the requirement that Federal assistance be supplemental, any Federal I have determined that the damage in 83.560 Individual and Household Program— funds provided under the Stafford Act for certain areas of the State of Tennessee, Other Needs, 83.544, Public Assistance Public Assistance, Hazard Mitigation, and the resulting from severe storms and flooding Grants; 83.548, Hazard Mitigation Grant Other Needs Assistance under section 408 of from February 14–26, 2003, is of sufficient Program.) the Stafford Act will be limited to 75 percent severity and magnitude to warrant a major Michael D. Brown, of the total eligible costs. disaster declaration under the Robert T. Acting Under Secretary, Emergency Further, you are authorized to make Stafford Disaster Relief and Emergency Preparedness and Response. changes to this declaration to the extent Assistance Act, 42 U.S.C. 5121–5206 (the [FR Doc. 03–7987 Filed 4–1–03; 8:45 am] allowable under the Stafford Act. Stafford Act). I, therefore, declare that such a major disaster exists in the State of BILLING CODE 6718–02–P The time period prescribed for the Tennessee. implementation of section 310(a), In order to provide Federal assistance, you Priority to Certain Applications for are hereby authorized to allocate from funds DEPARTMENT OF HOMELAND SECURITY Public Facility and Public Housing available for these purposes, such amounts as Assistance, 42 U.S.C. 5153, shall be for you find necessary for Federal disaster assistance and administrative expenses. Federal Emergency Management a period not to exceed six months after You are authorized to provide Public Agency the date of this declaration. The Federal Emergency Management Assistance in the designated areas, Hazard [FEMA–1455–DR] Mitigation throughout the State, and any Agency (FEMA) hereby gives notice that pursuant to the authority vested in the other forms of assistance under the Stafford West Virginia; Major Disaster and Act you may deem appropriate. Consistent Acting Under Secretary for Emergency Related Determinations with the requirement that Federal assistance Preparedness and Response, Department be supplemental, any Federal funds provided AGENCY: Federal Emergency of Homeland Security, under Executive under the Stafford Act for Public Assistance Management Agency, Emergency Order 12148, as amended by Executive and Hazard Mitigation will be limited to 75 Preparedness and Response, Homeland Order 13286, Louis Botta of the Federal percent of the total eligible costs. If Other Needs Assistance under section 408 of the Security. Emergency Management Agency is Stafford Act is later requested and warranted, ACTION: Notice. appointed to act as the Federal Federal funding under that program will also Coordinating Officer for this declared be limited to 75 percent of the total eligible SUMMARY: This is a notice of the disaster. costs. Presidential declaration of a major I do hereby determine the following Further, you are authorized to make disaster for the State of West Virginia areas of the State of West Virginia to changes to this declaration to the extent (FEMA–1455–DR), dated March 14, have been affected adversely by this allowable under the Stafford Act. 2003, and related determinations. declared major disaster: The Federal Emergency Management EFFECTIVE DATE: March 14, 2003. Cabell, Jackson, Kanawha, Lincoln, Mingo, Agency (FEMA) hereby gives notice that FOR FURTHER INFORMATION CONTACT: Roane, and Wayne Counties for Individual pursuant to the authority vested in the Magda Ruiz, Recovery Division, Federal Assistance.

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Braxton, Cabell, Calhoun, Clay, Gilmer, ACTION: Notice. whether the information will have Greenbrier, Jackson, Lewis, Lincoln, Logan, practical utility; (2) Evaluate the Mason, McDowell, Mercer, Mingo, Monroe, SUMMARY: The proposed information accuracy of the agency’s estimate of the Nicholas, Putnam, Raleigh, Roane, Upshur, collection requirement described below Wayne, Webster, Wirt, and Wyoming burden of the proposed collection of will be submitted to the Office of information; (3) Enhance the quality, Counties for Public Assistance. Management and Budget (OMB) for Berkeley, Grant, Hampshire, Jefferson, utility, and clarity of the information to Mineral, Morgan, Pocahontas, and Preston review, as required by the Paperwork be collected; and (4) Minimize the Counties for emergency protective measures Reduction Act. The Department is burden of the collection of information (Category B) under the Public Assistance soliciting public comments on the on those who are to respond; including program for a period of 48 hours. subject proposal. through the use of appropriate Cabell, Kanawah, Lincoln, Mingo, and DATES: Comments Due Date: June 2, Wayne Counties are eligible to apply for automated collection techniques or assistance under the Hazard Mitigation Grant 2003. other forms of information technology, Program. ADDRESSES: Interested persons are e.g., permitting electronic submission of responses. (The following Catalog of Federal Domestic invited to submit comments regarding Assistance Numbers (CFDA) are to be used this proposal. Comments should refer to This Notice also lists the following for reporting and drawing funds: 83.537, the proposal by name and/or OMB information: Community Disaster Loans; 83.538, Cora Control Number and should be sent to: Title of Proposal: HUD Guide for Brown Fund Program; 83.539, Crisis Patricia A. Wash, Reports Liaison Counsel to the Mortgagor and HUD Counseling; 83.540, Disaster Legal Services Officer, Department of Housing and Guide to Counsel to Owner. Program; 83.541, Disaster Unemployment Urban Development, 451 7th Street, Assistance (DUA); 83.556, Fire Management OMB Control Number, if applicable: Assistance; 83,558, Individual and SW., Room 10245, Washington, DC Household Housing; 83.559, Individual and 20410. 2510–0006. Household Disaster Housing Operations; FOR FURTHER INFORMATION CONTACT: Description of the need for the 83.560 Individual and Household Program— Millicent Potts, Assistant General information and proposed use: Other Needs, 83.544, Public Assistance Grants; 83.548, Hazard Mitigation Grant Counsel for Multifamily Mortgage Mortgagees of HUD-insured mortgages Program.) Division, Office of General Counsel, may receive mortgage insurance benefits Michael D. Brown, Department of Housing and Urban upon assignment of mortgages to HUD. Acting Under Secretary, Emergency Development, 451 7th Street, SW., In connection with the assignment, legal Preparedness and Response. Room 9230, Washington, DC 20410, documents (e.g., mortgage, mortgage [FR Doc. 03–7986 Filed 4–01–03; 8:45 am] telephone (202) 708–4090 (this is not a note, security agreement, title insurance toll-free number) for copies of the BILLING CODE 6718–02–M policy) must be submitted to the proposed guide. Department. The proposed form SUPPLEMENTARY INFORMATION: The describes the documents to be DEPARTMENT OF HOUSING AND Department is submitting the proposed submitted and the procedures for URBAN DEVELOPMENT information collection to OMB for submission. review, as required by the Paperwork [Docket No. FR–4529–N–07] Agency form numbers, if applicable: Reduction Act of 1995 (44 U.S.C. Guide. chapter 35, as amended). Notice of Proposed Information This Notice is soliciting comments Members of affected public: Collection: Comment Request; Legal from members of the public and Mortgagees when applying for insurance Instructions Concerning Applications benefits from HUD. for Full Insurance Benefits— affecting agencies concerning the Estimation of the total numbers of Assignment of Multifamily Mortgages proposed collection of information to: hours needed to prepare the information to the Secretary (1) Evaluate whether the proposed collection of information is necessary collection including number of AGENCY: Office of the General Counsel, for the proper performance of the respondents, frequency of response, and HUD. functions of the agency, including hours of response:

Frequency of Total burden Number of respondents Burden hours response hours

359 ...... 26 1 9,334

Status of the proposed information DEPARTMENT OF HOUSING AND SUMMARY: The proposed information collection: Expired. URBAN DEVELOPMENT collection requirement described below Authority: The Paperwork Reduction Act will be submitted to the Office of of 1995, 44 U.S.C. chapter 35, as amended. [Docket No. FR–4820–N–14] Management and Budget (OMB) for review, as required by the Paperwork Dated: March 27, 2003. Notice of Proposed Information Reduction Act. The Department is Camille Acevedo, Collection: Comment Request; soliciting public comments on the Associate General Counsel. Application for the Transfer of Physical subject proposal. [FR Doc. 03–7851 Filed 4–1–03; 8:45 am] Assets DATES: Comments Due Date: June 2, 2003. BILLING CODE 4210–67–P AGENCY: Office of the Assistant Secretary for Housing-Federal Housing ADDRESSES: Interested persons are Commissioner, HUD. invited to submit comments regarding this proposal. Comments should refer to ACTION: Notice. the proposal by name and/or OMB

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Control Number and should be sent to: approximately 350 annual responses; Reduction Act of 1995 (44 U.S.C. Wayne Eddins, Reports Management the frequency of response is on Chapter 35, as amended). Officer, Department of Housing and occasion; and the estimated time needed This Notice is soliciting comments Urban Development, 451 7th Street, to prepare the response is 92 hours. from members of the public and affected Status of the proposed information SW., L’Enfant Plaza Building, Room agencies concerning the proposed 8003, Washington, DC 20410 or collection: Extension of a currently collection of information to: (1) Evaluate [email protected]. approved collection. whether the proposed collection is FOR FURTHER INFORMATION CONTACT: Authority: The Paperwork Reduction Act necessary for the proper performance of Beverly J. Miller, Director, Office of of 1995, 44 U.S.C., Chapter 35, as amended. the functions of the agency, including Multifamily Asset Management, Dated: March 26, 2003. whether the information will have Department of Housing and Urban Sean G. Cassidy, practical utility; (2) Evaluate the Develoopment, 451 7th Street SW., General Deputy Assistant Secretary for accuracy of the agency’s estimate of the Washington, DC 20410, telephone (202) Housing—Deputy Federal Housing burden of the proposed collection of 708–3730 (this is not a toll free number) Commissioner information; (3) Enhance the quality, for copies of the proposed forms and [FR Doc. 03–7852 Filed 4–1–03; 8:45 am] utility, and clarity of the information to other available information. BILLING CODE 4210–27–M be collected; and (4) Minimize the SUPPLEMENTARY INFORMATION: The burden of the collection of information Department is submitting the proposed on those who are to respond; including information collection to OMB for DEPARTMENT OF HOUSING AND the use of appropriate automated URBAN DEVELOPMENT review, as required by the Paperwork collection techniques or other forms of Reduction Act of 1995 (44 U.S.C. [Docket No. FR–4820–N–13] information technology, e.g., permitting Chapter 35, as amended). electronic submission of responses. This notice is soliciting comments Notice of Proposed Information from members of the public and affected Collection: Comment Request; This Notice also lists the following agencies concerning the proposed Management Review Report for information: collection of information to: (1) Evaluate Unsubsidized Multifamily Housing Title of Proposal: Management whether the proposed collection is Programs Review Report for Unsubsidized necessary for the proper performance of Multifamily Housing Programs. the functions of the agency, including AGENCY: Office of the Assistant whether the information will have Secretary for Housing-Federal Housing OMB Control Number, if applicable: practical utility; (2) Evaluate the Commissioner, HUD. 2502–0259. accuracy of the agency’s estimate of the ACTION: Notice. Description of the need for the burden of the proposed collection of information and proposed use: This information; (3) Enhance the quality, SUMMARY: The proposed information information is necessary to ensure that utility, and clarity of the information to collection requirement described below lenders evaluate and monitor the be collected; and (4) Minimize the will be submitted to the Office of ongoing management operations and burden of the collection of information Management and Budget (OMB) for procedures of multifamily housing on those who are to respond; review, as required by the Paperwork projects. information technology, e.g., permitting Reduction Act. The Department is soliciting public comments on the Agency form numbers, if applicable: electronic submission of responses. HUD–9838. This Notice also lists the following subject proposal. information: DATES: Comments Due Date: June 2, Estimation of the total numbers of Title of Proposal: Application for the 2003. hours needed to prepare the information Transfer of Physical Assets. ADDRESSES: Interested persons are collection including number of OMB Control Number, if applicable: invited to submit comments regarding respondents, frequency of response, and 2502–0275. this proposal. Comments should refer to hours of response: The estimated total Description of the need for the the proposal by name and/or OMB number of burden hours needed to information and proposed use: The Control Number and should be sent to: prepare the information collection is information collection is completed and Wayne Eddins, Reports Management 6,300; the number of respondents is 900 submitted to HUD by prospective officer, Department of Housing and generating approximately 900 annual purchasers of properties with mortgages Urban Development, 451 7th Street, responses; the frequency of response is either HUD-insured or HUD-held before SW., L’Enfant Plaza Building, Room on occasion; and the estimated time the transfer. HUD needs the information 8003, Washington, DC 20410 or needed to prepare the response is 7 for approval of a transfer of physical [email protected]. hours. assets. HUD uses the information to ensure that the project is not placed in FOR FURTHER INFORMATION CONTACT: Status of the proposed information physical, financial, or managerial Beverly J. Miller, Director, Office of collection: Extension of a currently jeopardy by the transfer. Multifamily Asset Management approved collection. Agency form numbers, if applicable: Department of Housing and Urban Authority: The Paperwork Reduction Act HUD–92266. Development, 451 7th Street SW., of 1995, 44 U.S.C., Chapter 35, as amended. Estimation of the total numbers of Washington, DC 20410, telephone (202) Dated: March 26, 2003. hours needed to prepare the information 708–3730 (this is not a toll free number) collection including number of for copies of the proposed forms and Sean G. Cassidy, respondents, frequency of response, and other available information. General Deputy Assistant Secretary for hours of response: An estimation of the SUPPLEMENTARY INFORMATION: The Housing—Deputy Federal Housing total number of hours needed to prepare Department is submitting the proposed Commissioner. the information collection is 32,200; the information collection to OMB for [FR Doc. 03–7853 Filed 4–1–03; 8:45 am] number of respondents is 350 generating review, as required by the Paperwork BILLING CODE 4210–27–M

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DEPARTMENT OF HOUSING AND the use of appropriate automated SUMMARY: The proposed information URBAN DEVELOPMENT collection techniques or other forms of collection requirement described below information technology, e.g., permitting will be submitted to the Office of [Docket No. FR–4820–N–12] electronic submission of responses. Management and Budget (OMB) for This Notice also lists the following Notice of Proposed Information review, as required by the Paperwork information: Reduction Act. The Department is Collection: Comment Request; Direct Title of Proposal: Direct Endorsement Endorsement Underwriter/HUD soliciting public comments on the Underwriter HUD Reviewer—Analysis subject proposal. Reviewer—Analysis of Appraisal of Appraisal Report. Report DATES: Comments Due Date: June 2, OMB Control Number, if applicable: 2003. AGENCY: Office of the Assistant 2502–0477. ADDRESSES: Interested persons are Secretary for Housing-Federal Housing Description of the need for the invited to submit comments regarding Commissioner, HUD. information and proposed use: The Department will collect information on this proposal. Comments should refer to ACTION: Notice. appraisal reports considered deficient the proposal by name and/or OMB SUMMARY: The proposed information by the underwriter and to document Control Number and should be sent to: collection requirement described below efforts to resolve any discrepancies. The Wayne Eddins, Reports Management will be submitted to the Office of information collected is used by HUD to Officer, Department of Housing and Management and Budget (OMB) for monitor the quality of the lender’s Urban Development, 451 7th Street, review, as required by the Paperwork analysis of the appraisal report, identify SW., L’Enfant Plaza Building, Room areas of weakness for future training, 8003, Washington, DC 20410 or Reduction Act. The Department is _ soliciting public comments on the and remove lenders that consistently Wayne [email protected]. subject proposal. exhibit careless underwriting and FOR FURTHER INFORMATION CONTACT: subsequently affect a risk to the DATES: Comments Due Date: June 2, Beverly J. Miller, Director, Office of Department. 2003. Multifamily Asset Management, Agency form numbers, if applicable: Department of Housing and Urban ADDRESSES: Interested persons are HUD–54114. Development, 451 7th Street SW., Estimation of the total numbers of invited to submit comments regarding Washington, DC 20410, telephone (202) hours needed to prepare the information this proposal. Comments should refer to 708–3730 (this is not a toll free number) collection including number of the proposal by name and/or OMB for copies of the proposed forms and respondents, frequency of response, and Control Number and should be sent to: other available information. Wayne Eddins, Reports Management hours of response: The estimated Officer, Department of Housing and number of respondents is 375,000 SUPPLEMENTARY INFORMATION: The Urban Development, 451 7th Street, generating approximately 375,000 Department is submitting the proposed SW., L’Enfant Plaza Building, Room annual responses; the frequency of information collection to OMB for 8003, Washington, DC 20410, or response is on occasion; the estimated review, as required by the Paperwork [email protected]. time needed to prepare the response is Reduction Act of 1995 (44 U.S.C. 3 minutes; and estimated annual burden Chapter 35, as amended). FOR FURTHER INFORMATION CONTACT: hours requested is 18,750. This Notice is soliciting comments Vance Morris, Director, Office of Single Status of the proposed information from members of the public and affected Family Program Development, collection: Reinstatement, without agencies concerning the proposed Department of Housing and Urban change, of a previously approved collection of information to: (1) Evaluate Development, 451 7th Street SW, collection for which approval has whether the proposed collection is Washington, DC 20410, telephone (202) expired. necessary for the proper performance of 708–2121 (this is not a toll free number) the functions of the agency, including for copies of the proposed forms and Authority: The Paperwork Reduction Act of 1995, 44 U.S.C., Chapter 35, as amended. whether the information will have other available information. practical utility; (2) Evaluate the SUPPLEMENTARY INFORMATION: The Dated: March 26, 2003. accuracy of the agency’s estimate of the Department is submitting the proposed Sean G. Cassidy, burden of the proposed collection of information collection to OMB for General Deputy Assistant Secretary for information; (3) Enhance the quality, review, as required by the Paperwork Housing—Deputy Federal Housing utility, and clarity of the information to Reduction Act of 1995 (44 U.S.C. Commissioner. be collected; and (4) Minimize the Chapter 35, as amended). [FR Doc. 03–7854 Filed 4–1–03; 8:45 am] burden of the collection of information This Notice is soliciting comments BILLING CODE 4210–27–M on those who are to respond; including from members of the public and affected the use of appropriate automated agencies concerning the proposed collection techniques or other forms of collection of information to: (1) Evaluate DEPARTMENT OF HOUSING AND information technology, e.g., permitting whether the proposed collection is URBAN DEVELOPMENT electronic submission of responses. necessary for the proper performance of [Docket No. FR–4820–N–11] This Notice also lists the following the functions of the agency, including information: whether the information will have Notice of Proposed Information Title of Proposal: Management practical utility; (2) Evaluate the Collection: Comment Request; Documents for Multifamily Housing accuracy of the agency’s estimate of the Management Documents for Projects. burden of the proposed collection of Multifamily Housing Projects OMB Control Number, if applicable: information; (3) Enhance the quality, AGENCY: Office of the Assistant 2502–0305. utility, and clarity of the information to Secretary for Housing-Federal Housing Description of the need for the be collected; and (4) Minimize the Commissioner, HUD. information and proposed use: Owners burden of the collection of information of insured and assisted multifamily ACTION: Notice. on those who are to respond; including properties submit these information

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collections to HUD. The information is Control Number and should be sent to: estimated total annual burden is 1,200 needed to assist HUD in determining the Wayne Eddins, Reports Management hours. acceptability of a proposed management Officer, Department of Housing and Status of the proposed information agent. Without these documents, HUD’s Urban Development, 451 7th Street, collection: Reinstatement, without ability to screen out unacceptable SW., L’Enfant Plaza Building, Room change, of a previously approved management agents and control fraud 8003, Washington, DC 20410 or collection for which approval has would be limited, and the incidents of [email protected]. expired. defaults and unauthorized use of FOR FURTHER INFORMATION CONTACT: Authority: the Paperwork Reduction Act of subsidy funds would increase. Beverly, J. Miller, Director, Office of 1995, 44 U.S.C., Chapter 35, as amended. Agency form numbers, if applicable: Multifamily Asset Management, Dated: March 24, 2003. HUD–9832, HUD–9839A, HUD–9839B, Department of Housing and Urban Sean G. Cassidy, & HUD–9839C. Development, 451 7th Street SW., Estimation of the total numbers of General Deputy Assistant Secretary for Washington, DC 20410, telephone (202) Housing—Deputy Federal Housing hours needed to prepare the information 708–3730 (this is not a toll free number) Commissioner. collection including number of for copies of the proposed forms and [FR Doc. 03–7856 Filed 4–1–03; 8:45 am] respondents, frequency of response, and other available information. BILLING CODE 4210–27–M hours of response: The estimated total number of burden hours needed to SUPPLEMENTARY INFORMATION: The prepare the information collection is Department is submitting the proposed 4,350; the number of respondents is information collection to OMB for DEPARTMENT OF THE INTERIOR review, as required by the Paperwork estimated to be from 900 to 3,600 National Park Service generating approximately 10,800 annual Reduction Act of 1995 (44 U.S.C. Chapter 35, as amended). responses; the frequency of response is Notice of Availability of the Record of on occasion; and the estimated time This Notice is soliciting comments from members of the public and affected Decision for the Final General needed to prepare the response varies Management Plan/Environmental agencies concerning the proposed from 10 minutes to 2 hours. Impact Statement, Fort Frederica collection of information to: (1) Evaluate Status of the proposed information National Monument, Georgia collection: Extension of a currently whether the proposed collection is approved collection. necessary for the proper performance of SUMMARY: On November 15, 2002, the the functions of the agency, including Director, Southeast Region, approved Authority: The Paperwork Reduction Act whether the information will have of 1995, 44 U.S.C., Chapter 35, as amended. the Record of Decision for the Final practical utility; (2) Evaluate the General Management Plan (GMP) and Dated: March 26, 2003. accuracy of the agency’s estimate of the Environmental Impact Statement (EIS) Sean G. Cassidy, burden of the proposed collection of for Fort Frederica National Monument. General Deputy Assistant Secretary for information; (3) Enhance the quality, The purpose of the Record of Decision Housing-Federal Housing Commissioner. utility, and clarity of the information to (ROD) is to document the National Park [FR Doc. 03–7855 Filed 4–1–03; 8:45 am] be collected; and (4) Minimize the Service (NPS) selection of the proposed BILLING CODE 4210–27–M burden of the collection of information action for the final GMP/EIS. The plan on those who are to respond; including is designed to afford a high level of the use of appropriate automated protection to the national monument’s DEPARTMENT OF HOUSING AND collection techniques or other forms of resources and to provide for appropriate URBAN DEVELOPMENT information technology, e.g., permitting types and levels of high quality visitor [Docket No. FR–4820–N–10] electronic submission of responses. experiences. This will be accomplished This Notice also lists the following through management zoning and Notice of Proposed Information information: suitable interpretive methods and Collection: Comment Request; Title of Proposal: Mortgagee’s strategies including but not limited to Mortgagee’s Certification and Certification and Application for costumed demonstrations, Application for Interest Reduction Interest Reduction payments. encampments, ghost structures, period Payments OMB Control Number, if applicable: landscape plantings, and living history 2502–0445. demonstrations. AGENCY: Office of the Assistant Description of need for the Management zones will provide Secretary for housing-Federal Housing information and proposed use: This guidance for managing specific areas for Commissioner, HUD. information is necessary to authorize desired resource conditions and visitor ACTION: Notice. and disburse monthly interest reduction experiences. The Historic Preservation payments to approved HUD mortgagees zone, which encompasses the entire SUMMARY: the proposed information servicing non-insured multifamily historic town site as well as Old collection requirement described below mortgages. Military Road and the burial ground, will be submitted to the Office of Agency form numbers, if applicable: will be the focus of the greatest visitor Management and Budget (OMB) for HUD–3111. activities including ranger led tours, review, as required by the paperwork Estimation of the total numbers of encampments, crafts demonstrations, Reduction Act. The Department is hours needed to prepare the information and costumed interpretation. The soliciting public comments on the collection including number of marshes on the northwest side of the subject proposal. respondents, frequency of response, and National Monument as well as the DATES: Comments Due Date: June 2, hours of response: the estimated number western side of the Frederica River will 2003. of respondents is 100 generating be a Natural Resource Protection zone in ADDRESSES: Interested persons are approximately 1,200 annual responses; which natural processes and natural invited to submit comments regarding the frequency of response is monthly; ecosystem succession will predominate. this proposal. Comments should refer to the estimated time to prepare the The same will be true of the marshy the proposal by name and/or OMB information collection is 1 hour; and the areas and the wooded area on the

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northeast corner of the Bloody Marsh envisions a visitor walking down a DATES: The Record of Decision for the Memorial site. Other management zones wooded path from the visitor center to Final General Management Plan (GMP) will provide for potential natural the town site, gradually leaving the and Environmental Impact Statement resource based recreation, park sights and sounds of the modern visitor (EIS) for Fort Frederica National administrative, visitor service, and center and parking lot and entering a Monument was signed by the Director, maintenance purposes. different place and time where views in Southeast Region for the National Park The selected management alternative all directions would be uninterrupted Service on November 15, 2002. will emphasize the daily life, lifestyles by modern structures, vehicles or other ADDRESSES: Fort Frederica National and events associated with the intrusions on the historic scene. Monument, Route 9, Box 286C, St. inhabitants of Fort Frederica, and the Although there will be no attempt to Simons Island, Georgia 31522. colonial military settlement on Saint recreate the palisades, homes and other FOR FURTHER INFORMATION CONTACT: Simons Island. The goal will be to give elements of the colonial settlement, the the visitor some idea (within the context Superintendent, Fort Frederica National setting will be similar to that Monument, (912) 638–3639. of current laws regarding sanitation, experienced by the original British SUPPLEMENTARY INFORMATION: A copy of solid waste disposal, air/water colonists when they first arrived. the Record of Decision on the Final pollution, etc.) of the sights, sounds, Americans with Disabilities Act General Management Plan for Fort smells, and other experiences that concerns could be addressed by Frederica National Monument can be would have been typical in this bustling developing a new and improved visitor obtained via the Internet by visiting the British Army outpost. Since the 1940s, center film or video, new exhibits and NPS Web site at http:// at least 40 archeological field displays, active interpretive efforts by planning.den.nps.gov/ or by calling investigations at Fort Frederica have park staff and volunteer costumed 404–562–3124, ext. 685. been conducted to reveal vital interpreters. information about the people and events The NPS has identified and Dated: December 18, 2002. associated with this military settlement. incorporated into the selected action all Patricia A. Hooks, Thousands of artifacts that were practical measures to avoid or minimize Acting Regional Director, Southeast Region. recovered through archeological environmental impacts that could result [FR Doc. 03–7952 Filed 4–1–03; 8:45 am] investigations are housed in the from its implementation. These BILLING CODE 4310–70–P Monument’s museum collection and the measures are presented in detail in the storage facilities of the Southeast Final General Management Plan/ Archeological Center in Tallahassee, Environmental Impact Statement. DEPARTMENT OF THE INTERIOR Florida. These artifacts, along with other The full ROD includes a statement of information obtained through the field National Park Service the decision made, synopses of other investigations, play an important role in telling the story of Fort Frederica to the alternatives considered, the rationale for Jamestown Project Development visitor. the decision, a description of the Concept Plan, Final Environmental Archeological field investigations will environmentally preferred alternative, a Impact Statement, Colonial National continue to be an important attribute of determination of non-impairment of Historical Park, Jamestown Unit, this alternative. There will be a strong park resources and values, a listing of Jamestown, Virginia, and Jamestown archeological research effort to provide measures to minimize environmental National Historic Site, Jamestown, VA information on landscape elements, harm, an overview of public AGENCY: lifestyles, important events, and other involvement in the decision-making National Park Service, features of the settlement. process, and a statement regarding Department of the Interior. The plan designates the area presently section 7 of the Endangered Species Act. ACTION: Notice of Availability of the Final Environmental Impact Statement occupied by the visitor center/ Basis for Decision administrative complex and the parking for the Jamestown Project Development lot as part of the Historic Preservation In reaching its decision to select the Concept Plan, Colonial National Zone. As a result, when the current preferred alternative, the NPS Historic Park, Jamestown Unit, and visitor center/administrative complex considered the purposes for which Fort Jamestown National Historic Site. becomes functionally obsolete, the Frederica National Monument was SUMMARY: Pursuant to National National Monument will seek authority established, and other laws and policies Environmental Policy Act of 1969, 42 and funding to demolish the facility and that apply to lands in the monument, U.S.C. 4332(c), the National Park build a new visitor center in a currently such as the National Park Service Service announces the availability of developed or previously disturbed area Organic Act, National Environmental Final Environmental Impact Statement that is not visible from the historic town Policy Act, and the NPS Management for the Jamestown Project Development site. The area formerly occupied by the Policies. The NPS also carefully Concept Plan, Colonial National visitor center, entrance drive, and considered public comments received Historical Park, Jamestown Unit, parking would be cleared and during the planning process. Jamestown, Virginia, and Jamestown reforested. Existing park residences To develop a preliminary preferred National Historic Site, Jamestown, would be converted to office and alternative, the planning team evaluated Virginia administrative space. three action alternatives that were Entrance and access to the site would reviewed by the public as well as the DATES: The National Park Service will then more accurately mirror colonial required no-action alternative. To execute a Record of Decision (ROD) no conditions and experience. Although minimize the influence of individual sooner than 30 days following the relocated visitor center might be as biases and opinions, the team used an publication by the Environmental much as 200–300 yards more distant objective analysis process called Protection Agency of the notice of from the town site than the present one, ‘‘Choosing by Advantages.’’ This availability of the Final Environmental the enhanced visitor experience will process has been used extensively by Impact Statement. more than counterbalance the slightly government agencies and the private ADDRESSES: Information will be greater distance. This alternative sector. available for public review in the office

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of the Superintendent, Colonial NE., Washington, DC, 20019; Mt. concluded that the towers would not National Historical Park, Yorktown, Pleasant Library, 1600 Lamont Street, have a significant impact to the quality Virginia, in the administrative offices NW., Washington, DC 20010; Northeast of the human environment, and issued located below the Yorktown Visitor Branch Library, 330 7th Street NE., a Finding of No Significant Impact. The Center. It will also be available at the Washington, DC, 20002; Petworth National Park Service subsequently following locations: Jamestown Visitor Branch Library, 4200 Kansas Avenue issued the permits necessary for Bell Center, Jamestown, VA, Colonial NW., Washington, DC, 20011; Tenly- Atlantic to construct and operate within National Historical Park, Gloucester Friendship Branch Library, 4450 Rock Creek Park one 100-foot monopole County Library, Hampton City Library, Wisconsin Avenue NW., Washington, at the Tennis Center, and one 130-foot James City County Library, John D. DC 20016; Watha T. Daniel Library, monopole in the Maintenance Yard. Rockefeller, Jr. Library, Newport News 1701 8th Street NW., Washington, DC, Both towers have since been built and City Library, Surry County Library, 20001; Woodbridge Library, 1801 are currently in use. In 2000, suite was Hamlin Street NE., Washington, DC, Williamsburg Regional Library, York filed opposing these cellular towers, and 20018; Library of Congress, 101 County Public Library. on July 2, 2002 the Federal District Independence Avenue SE., Washington, FOR FURTHER INFORMATION CONTACT: Court for the District of Columbia, in Mike Litterest, Information Officer, DC, 20540; Palisades, 4901 V Street NW., Washington, DC, 20007; Sursum Audubon Naturalist Society of the Colonial National Historical Park, 757/ Central Atlantic States v. the National 898–2409. Corda Community Library, 135 New York Avenue NW., Washington, DC, Park Service and Bell Atlantic Mobile, Dated: March 14, 2003 20001. You may also request a hard ordered the National Park Service to Marie Rust, copy at (202) 895–6000. prepare this new EA. The schedule for Director, Northeast Region, National Park DATES: There will be a 30-day public this EA was set by the court. As part of Service. review period for comment on this this process, the National Park Service [FR Doc. 03–7945 Filed 4–1–03; 8:45 am] document. Comments on the EA should held a public scoping meeting on BILLING CODE 4310–70–M be received by May 2, 2003, or 30 days December 11, 2002. from the publication of this notice, This EA evaluates the potential DEPARTMENT OF THE INTERIOR whichever is later. The National Park environmental consequences of two Service will be making its decision on action alternatives, alternatives B and C, National Park Service this EA by June 20, 2003. along with a Non Action Alternative, ADDRESSES: Comments on the EA Alternative A. Alternative A would Notice of Availability of an should be submitted via mail or hand allow the towers to continue operating Environmental Assessment delivery to: Superintendent, Rock Creek at the tennis center and maintenance Park, 3545 Williamsburg Lane NW., DC., AGENCY: Department of the Interior, yard as currently permitted. Alternative 20008–1207. You may also submit National Park Service. B, the preferred alternative, would also comments via e-mail at ACTION: Notice of availability of an allow for the continued operation of the [email protected]. it is the practice of towers at the tennis center and Environmental Assessment (EA) the National Park Service to make evaluating the potential impacts to the maintenance yard as currently comments, including names and permitted, with additional mitigation to human and natural environment from addresses of respondents, available for two existing cellular communications further protect and study park public review. However, individual resources. The mitigation measures towers located within Rock Creek Park, respondents may request that the Washington, DC. called for in Alternative B would National Park Service withhold their require the National Park Service to SUMMARY: Pursuant to the National address from the record, which the develop telecommunications facilities National Park Service will honor to the Environmental Policy Act (NEPA), guidance to assist the park in protecting extent allowable by law. If you wish for Council of Environmental Quality its resources and values, and also your name and address to be withheld, regulations, and National Park Service require the park to establish a bird- you must state this prominently at the policy, this notice announces the monitoring program to precisely beginning of your comment. The availability, starting April 2, 2003, of an determine the potential impacts of the National Park Service will make all Environmental Assessment (EA) towers on migratory birds. Alternative C evaluating the potential impacts to the submissions from organizations or businesses, and from individuals describes and considers various human and natural environmental from scenarios for siting towers at alternative two existing cellular communications identifying themselves as representatives or officials of locations outside Rock Creek Park. In towers located within Rock Creek Park, addition to Alternatives A, B, and C, the Washington, DC. organizations or businesses, available EA contains a discussion of those Copies of this document are available for public inspection in their entirety. alternatives that were considered but at www.nps.gov/rocr and the following FOR FURTHER INFORMATION CONTACT: In public libraries: Martin Luther King 1998, pursuant to the rejected. Memorial Library, 901 G Street NW., Telecommunications Act of 1996, Bell For further information contact Washington, DC, 2001; Chevy Chase Atlantic Mobile, Inc. (now Verizon Adrienne Coleman, Superintendent, Library, 5625 Connecticut Avenue NW., Wireless) filed applications for permits Rock Creek Park, at 3545 Williamsburg Washington, DC 20015; Cleveland Park to locate two cellular towers along with Lane NW., Washington, DC 20008–1207, Library, 3310 Connecticut Avenue, NW., their associated equipment shelters from or by telephone at (202) 895–6004. Washington, DC, 2008; Georgetown Rock Creek Park. In 1999, pursuant to Dated: April 14, 2003. Library, 3260 R Street NW., Washington, NEPA, the National Park Service DC, 2007; Juanita Thorton Shepard Park prepared an EA that considered the Terry R. Carlstrom, Branch Library, 7420 Georgia Avenue environmental impacts of siting the two Regional Director, National Capital Region. NW., Washington, DC, 20012; Langston towers inside the park. After completing [FR Doc. 03–7946 Filed 4–1–03; 8:45 am] Community Library, 2600 Bennet Road the EA, the National Park Service BILLING CODE 4310–70–M

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DEPARTMENT OF THE INTERIOR where ecosystem processes operate the record, which we will honor to the within the natural range of variability. extent allowable by law. There also may National Park Service This will likely mean changes in be circumstances in which we would wildlife species, reduced erosion, withhold from the record a respondent’s Ecological Restoration Plan, reduced risk of devastating crown fires, identity, as allowable by law. If you Environmental Impact Statement, stabilization of the monument’s wish us to withhold your address, you Bandelier National Monument, NM archeological resources, and a decrease must state this prominently at the AGENCY: National Park Service, in surface water runoff. beginning of your comment. We will Department of the Interior. A scoping brochure has been prepared make all submissions from that details the issues identified to date. ACTION: Notice of intent to prepare an organizations or businesses, and from environmental impact statement for the The brochure may be obtained from the individuals identifying themselves as Ecological Restoration Plan, Bandelier monument’s Web site or from the representatives or officials of National Monument. address and phone number included at organizations or businesses, available the end of this notice. for public inspection in their entirety. SUMMARY: Under the provisions of the DATES: The Park Service will accept National Environmental Policy Act of comments from the public for 30 days Dated: January 24, 2003. 1969, 42 U.S.C. 4332 (C), the National from the date this notice is published in Karen P. Wade, Park Service is preparing an the Federal Register. In addition, the Director, Intermountain Region, National environmental impact statement for the National Park Service intends to Park Service. ecological restoration plan for Bandelier conduct public scoping open houses at [FR Doc. 03–7949 Filed 4–1–03; 8:45 am] National Monument. Human activities two locations, in Los Alamos and Santa BILLING CODE 4310–70–P in the late 1800s and early 1900s, Fe, New Mexico. Please check local including historic overgrazing and fire newspapers, the monument’s Web site suppression, have led to the large-scale www.nps.gov/BAND or contact the DEPARTMENT OF THE INTERIOR loss or alteration of Bandelier’s name listed below to find out when and vegetation communities (grasslands, where these open houses will be held. National Park Service woodlands and forests), soils, and the ADDRESSES: Information will be erosion and potential loss of integrity of available for public review and National Register of Historic Places; an estimated 2,500 archeological sites. comment in the office of the Notification of Pending Nominations This planning effort will help guide the Superintendent, Steven D. Bone, Monument in restoring healthy, Bandelier National Monument, Los Nominations for the following sustainable vegetative communities on Alamos, New Mexico 87544, (505) 672– properties being considered for listing the land it manages as well as protect 3861 x 502. in the National Register were received archeological sites. The objectives of FOR FURTHER INFORMATION CONTACT: by the National Park Service before this planning effort are to: (1) Increase Ecological Restoration EIS, c/o John A. March 8, 2003. Pursuant to section native perennial herbaceous cover in Mack, Bandelier National Monument, 60.13 of 36 CFR part 60 written woodlands to reduce runoff, erosion, HCR 1, Box 1, Suite 15, Los Alamos, comments concerning the significance and further loss of cultural resources, (2) New Mexico 87544. Phone (505) 672– of these properties under the National create conditions that support a fire 3861, extension 563. Register criteria for evaluation may be regime within the natural range of SUPPLEMENTARY INFORMATION: If you forwarded by United States Postal variability, (3) reduce conifer Service, to the National Register Historic encroachment on montane meadow and wish to comment on the scoping brochure or on any other issues Places, National Park Service, 1849 C aspen stands, (4) manage vegetative St., NW., 2280, Washington, DC 20240; communities using an active program of associated with the plan, you may submit your comments by any one of by all other carriers, National Register of research and monitoring, and (5) sustain Historic Places, National Park Service, support for and actively share several methods. You may mail comments to John A. Mack at the 1201 Eye St., NW., 8th floor, information about vegetative Washington DC 20005; or by fax, 202– management actions and research efforts address above. You may also comment via the Internet to [email protected]. 343–1836. Written or faxed comments through interpretation, education, should be submitted by April 17, 2003. consultation, and collaboration with Please submit Internet comments as an partners, neighbors, pueblos, and ASCII file and avoid the use of special Carol D. Shull, characters and any form of encryption. communities. The National Park Service Keeper of the National Register of Historic will be looking at a variety of ways to Please also include ‘‘Attn: Places. achieve these objectives during the ECOLOGICAL RESTORATION PLAN ALABAMA public scoping process. EIS’’ and your name and return address Major issues include: in your Internet message. If you do not Jefferson County • The noise and presence of human receive a confirmation that we have Federal Reserve Bank of Atlanta— activity and other activities and their received your Internet message, contact us directly at (505) 672–3861, extension Birmingham Branch, 1801 Fifth Ave. N, temporary effects on designated Birmingham, 03000230 wilderness in the monument 563. Finally, you may hand-deliver comments to the Park Visitor Center, Mountain Brook Estates Building, 2803 (approximately 70% of monument area) Cahaba Rd., Mountain Brook, 03000232 or on other monument lands during Bandelier National Monument, Los treatment of vegetation. Alamos, New Mexico, 87544. Our Lee County • The displacement and disturbance practice is to make comments, including Cullars Rotation, Woodfield Dr., E of US 29, of some species of wildlife by names and home addresses of Auburn, 03100231 management activities and the attraction respondents, available for public review of other wildlife during treatment. during regular business hours. Wilcox County • In the long term, vegetative Individual respondents may request that Ackerville Baptist Church of Christ, AL 89, communities would return to a state we withhold their home address from Ackerville, 03000228

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COLORADO MISSOURI Carteret County Douglas County Greene County Morehead City Historic District, Roughly along Fisher St. and Bridges St., from N. Santa Fe Railway Water Tank (Railroads in Netter—Ullman Building, 317 Park Central 5th St. to N. 12th St., Morehead, 03000266 Colorado, 1858–1948 MPS), US 85 W of jct. East, Springfield, 03000255 with CO 67, Sedalia, 03000237 OHIO NEW JERSEY Jefferson County Licking County Bergen County South Ranch, Address Restricted, Lakewood, Johnstown Jail, 66 W. Pratt St., Johnstown, Reformed Dutch Church of Wyckoff, 580 03000274 03000227 Wyckoff Ave., Wyckoff Township, SOUTH CAROLINA Larimer County 03000250 Newberry County Kaplan—Hoover Site, Address Restricted, NEW YORK Windsor, 03000229 Little Mountain Historic District, Along Delaware County portions of Pomaria, Church, Main and CONNECTICUT Ulster and Delaware Railroad Depot and Mill Mountain Sts., Little Mountain, 03000275 Fairfield County Complex, Depot St., Roxbury, 03000254 Pickens County Bradley—Hubbell House, 535 Black Rock Dutchess County Liberty Colored High School, Jct. of SC 93 Turnpike, Easton, 03000235 National Biscuit Company Carton Making and Rosewood St., Liberty, 03000270 Hartford County and Printing Plant, 3 Beekman St., Beacon, Spartanburg County 03000253 Thompson, William H., Farmstead, 215 and American Legion Building, 94 W. Park Dr., Neher—Elseffer House, 6196 US 9, 219 Melroase Rd., East Windsor, 03000234 Spartanburg, 03000271 Rhinebeck, 03000246 New Haven County Union County Jefferson County Woodbridge Green Historic District, 3,4,7,11 McWhirter House, 415 Pacolet St., Jonesville, Dexter Universalist Church, Brown and Kirby Meetinghouse Ln.; 4, 10 Newton Rd., 03000272 Sts., Dexter, 03000249 Woodbridge, 03000233 Emerson Place, 20–30 Emerson Place, York County Tolland County Watertown, 03000241 Hill Complex Historic District, York and Shannon Sts., Sharon, 03000273 Andover Center Historic District, Roughly Onondaga County along Herbron Rd., Boston Hill Rd., and US Drover’s Tavern, 4065 Pompey Hollow Rd., TENNESSEE 6, Andover, 03000236 Oran, 03000265 Cumberland County DELAWARE Oswego County Crossville Tennessee Highway Patrol Building, 39 Main St., Crossville, 03000281 New Castle County Oak Street School, 205 Oak St., Fulton, Delaware Academy of Medicine, 1925 03000243 Davidson County Lovering Ave., Wilmington, 03000240 Rensselaer County Woodmont Terrace Apartments, 920 Delaware Trust Building, 900–912 N. Market Woodmont, Nashville, 03000280 Haskell School, 150 Sixth Ave., Troy, St., Wilmington, 03000238 03000244 TEXAS KENTUCKY Suffolk County Dallas County Bourbon County Cedar Island Lighthouse, Cedar Point Rd., Chevrolet Motor Company Building, 3221 Champ, Thomas, House, Lexington and Sag Harbor, 03000248 Commerce, Dallas, 03000277 Maysville Rd., Paris, 03000256 Hallock—Bilunas Farmstead, 733 Herricks Ellis County Pocket Rural Historic District, Along See Rd., Ln., Jamesport, 03000251 Highway Garage (Waxahachie MRA), 315 W. KY 57 and KY 1198, Sharpsburg vicinity, Westchester County Main, Waxahachie, 03000278 03000257 Copland, Aaron, House, 1538 Washington Hidalgo County Bracken County St., Cortlandt Manor, 03000245 Casa de Palmas, 101 N. Main St., McAllen, Rye Town Park—Bathing Complex and Barkley, George W., Farm, KY 8, Augusta, 03000276 03000259 Oakland Beach, Forrest Ave., bet. Rye Bradford School House, KY 8 and 1109, Beach and Dearborn Ave., Rye, 03000252 Travis County Foster, 03000263 St. Thomas’ Episcopal Church Complex, Connelly—Yerwood House, 1115 E 12th St., 158–168 W. Boston Post Rd., Mamaroneck, Austin, 03000279 Clark County 03000242 Requests for removal have been made for Civil War fort at Boonesboro, 0.6 mi. N of White Plains Rural Cemetery, 167 N. the following resources: Ford, W of Fort Hampton Rd., Ford, Broadway, White Plains, 03000247 ILLINOIS 03000262 NORTH CAROLINA Champaign County Fayette County Ashe County Liggett and Myers Tobacco Re-handling Chi Psi Fraternity House (Fraternity and Greer, R.T., and Company Root and Herb Sorority Houses at the Urbana—Champaign Facility, 200 Bolivar St., Lexington, Warehouse, 7181 Railroad Grade Rd., jct. of Campus of the University of Illinois MPS), 03000261 Todd Railroad Grad Rd. at Cranbery Champaign, 90000115 Springs Rd., Todd, 03000269 Jefferson County Clark County Bertie County Axton—Fisher Tobacco Company Millhouse Blacksmith Shop, Main and Poplar Warehouse, 1405 W. Broadway, Louisville, Ashland, NC 45, 0.25 N of jct. with NC 1360, Sts., Clarksville, 86003156 03000260 Ashland, 03000268 Finzer, J., and Brothers Company Building, Kane County 419 Finzer St., Louisville, 03000264 Buncombe County Elgin Milk Condensing Co./Illinois Louisville Grocery Company Building, 231 E. Bledsoe Building, 771–783 Haywood Rd., Condensing Co., Brook and Waters Sts., Main St., Louisville, 03000258 Asheville, 03000267 Elgin, 85000267

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Sangamon County CONNECTICUT New Hanover County Wheeland Haven, E of Riverton on I–72, Litchfield County Wilmington Historic District (Boundary Increase), Roughly bounded by Harnett, Riverton, 85000557 March Route of Rochambeau’s Army: 7th, 3rd, Howard; Campbell, 9th, 12th, Ridgebury Road, (Rochambeau’s Army in KENTUCKY Princess; Dock, Castle 8th, 14th; 9th, Connecticut, 1780–1782 MPS), Ridgebury Hart County Road, from intersection with Old Wright, Greenfield, Wilmington, 03000344 Battle of Munfordville (Boundary Increase) Stagecoach S, Ridgefield, 03000313 Rockingham County (Munfordville MRA), Mostly W of U.S. New Haven County McCollum, Reuben Wallace, House, 2203 S. 31W near Munfordville, Munfordville Ives—Baldwin House, 474 Baldwin Ave., Scales St., Reidsville, 03000341 vicinity, 01001254 Meriden, 03000308 Rowan County TENNESSEE New Haven Lawn Club, 193 Whitney Ave., New Haven, 03000309 Salisbury Railroad Corridor Historic District Hamilton County Norcross Brothers Granite Quarry, Quarry (Boundary Increase), 300 and 400 blks of N. Lee St., Salisbury, 03000342 East Side Junior High School 2200 E. Main Rd., Branford, 03000315 St., Chattanooga, 87000392 Windham County OHIO [FR Doc. 03–7948 Filed 4–1–03; 8:45 am] March Route of Rochambeau’s Army: Old Athens County BILLING CODE 4310–70–P Canterbury Road, (Rochambeau’s Army in Athens County Infirmary, 13183 OH 13, Connecticut, 1780–1782 MPS) Old Millfield, 03000323 Canterbury Rd: Canterbury Rd. from Jct. with Old Canterbury Rd., Plainfield, Cuyahoga County DEPARTMENT OF THE INTERIOR 03000310 Rich, N.J., and Co. Building, 1974 E. 61st St., March Route of Rochambeau’s Army: Palmer Cleveland, 03000322 National Park Service Road (Rochambeau’s Army in Connecticut, 1780–1782 MPS), Palmer Rd, from Erie County National Register of Historic Places; intersection with Miller Rd. to E of jct. Independent Order of Odd Fellows Temple, Notification of Pending Nominations with Pudding Hill Rd., Scotland, 03000311 231 W. Washington Row, Sandusky, March Route of Rochambeau’s Army: 03000327 Nominations for the following Plainfield Pike (Rochambeau’s Army in properties being considered for listing Connecticut, 1780–1782 MPS), Plainfield Lorain County in the National Register were received Pike from intersection with Industrial Dr., Dowtown Oberlin Historic District, Roughly by the National Park Service before E to jct. with Ledge Hill Rd., Plainfield, include W and E College St., within 1 blk 03000312 March 22, 2003. Pursuant to section of S. Main and S. Main from College to March Route of Rochambeau’s Army: approx. Vine St., Oberlin, 03000324 60.13 of 36 CFR part 60 written Scotland Road (Rochambeau’s Army in comments concerning the significance Connecticut, 1780–1782 MPS), Scotland Richland County of these properties under the National Rd., from intersection with Back Rd. to 80 Springfield Township School, 3560 Park Register criteria for evaluation may be Scotland Rd., Windham, 03000314 Ave. W, Ontario, 03000325 forwarded by United States Postal MISSOURI OREGON Service, to the National Register of Historic Places, National Park Service, Greene County Linn County 1849 C St. NW., 2280, Washington, DC College Apartments (Springfield, Missouri Wigle, Abraham and Mary, House, 34050 20240; by all other carriers, National MPS AD II), 408 E. Walnut St., Springfield, Belts Dr., Harrisburg, 03000345 03000319I Register of Historic Places, National St. Louis Independent City, North Riverfront TEXAS Park Service, 1201 Eye St. NW., 8th Industrial Historic District, Roughly Carson County floor, Washington DC 20005; or by fax, bounded by Dickson, Lewis, O’Fallon, 2nd, 202–343–1836. Written or faxed Ashley, Biddle and Mississippi River, St. Atchison, Topeka and Santa Fe Railway comments should be submitted by April Louis (Independent City), 03000320 Depot, Panhandle, One Main St., Panhandle, 03000326 17, 2003. MONTANA Harris County Carol D. Shull, Missoula County Pomeroy Homestead, 202 and 204 S. Main Keeper of the National Register of Historic Evaro School, 6688 Grooms Rd., Evaro, St., Pasadena, 03000329 Places. 03000321 Jones County ARIZONA NORTH CAROLINA Jones County Courthouse, 1100 12th St., Pima County Cleveland County Anson, 03000330 Binghampton Rural Historic Landscape, Hull, James Heyward, House, 710 N. Rains County approx. jct. of N. Dodge Blvd. and E. River Lafayette St., Shelby, 03000338 Rains County Courthouse, 100 E Quitman St., Rd., Tucson, 03000316 Dare County Emory, 03000333 Blenman—Elm Historic District, Bounded by Daniels, John T., House, 960 Burnside Rd., San Patricio County Grant, Country Club, Speedway and Manteo, 03000339 Campbell, Tucson, 03000318 San Jacinto County Courthouse, #1 TX 150 at Catalina Vista Historic District, Bounded by Durham County Byrd Ave., Coldspring, 03000332 Grant, Tucson Blvd., Elm St., and Lakewood Park Historic District, 1601–1907 San Saba County Campbell Ave., Tucson, 03000317 W. Lakewood Ave., 2001–2112 Chapel Hill Rd., 1406–1601 James St. and 1809–1819 San Saba County Courthouse, 500 E. Wallace, CALIFORNIA Bivins St., Durham, 03000340 San Saba, 03000328 Monterey County Mecklenburg County Tarrant County Monterey County Jail, 142 W. Alisal St., Sykes, Joseph, Brothers Company Building, South Center Street Historic District, 500–600 Salinas, 03000337 1445 S. Mint St., Charlotte, 03000343 blks of S. Center St., Arlington, 03000334

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Williamson County 343–1836. Written or faxed comments Guilford County Preslar—Hewitt Building, 321–323 N. Main, should be submitted by April 17, 2003. Deucley, James Benson, Senior High School Taylor, 03000331 and Gymnasium (Greensboro MPS), 1200 Carol D. Shull, Lincoln St., Greensboro, 03000302 WEST VIRGINIA Keeper of the National Register of Historic Places. Haywood County Berkeley County Howell, Alden and Thomasene, House, 129 Colston, Edward, House, 1598 Tice Rd., COLORADO Woolsey Heights, Waynesville, 03000300 Falling Waters, 03000347 Alamosa County Macon County Hancock County St. Thomas Episcopal Church, 607 Fourth St., Cabin Ben, 115 Cullasaja Dr., Highlands, Alamosa, 03000285 Baker’s Fort Massacre Site, 0.5 mi. NW of jct. 03000299 of WV 2 and WV 208, Newell, 03000336 GEORGIA TENNESSEE Jefferson County Chatham County Shelby County Allemong, Christian, House, 35 Hardestry Sea View Apartments, 7 18th St., Tybee Green Meadows—Poplar Glen Historic Rd., Summit Point, 03000346 Island, 03000286 District, Roughly along Union Ave. Ext., Patricia Dr., Madison Ave., Ashlawn Rd., LOUISIANA Marion County Ashlawn Cove, and Alicia Dr., Memphis, Morgan, George Pinkney, House, Cty. 19/3, Iberia Parish 03000304 Rivesville, 03000348 LeJeune’s Bakery, 1510 W. Main St., Sumner County Jeanerette, 03000287 Mercer County Maple Shade, 1755 TN 31E, Gallatin, MAINE 03000303 Virginian Railway Yard Historic District, 0.5 mi. N of jct. of WV 20 and RR tracks, Androscoggin County WASHINGTON Princeton, 03000351 West Durham Methodist Church, 17 Whatcom County Runaround Pond Rd., West Durham, Berthusen Barn and Privy, 8837 Bethusen Morgan County 03000291 Rd., Lynden, 03000306 Hovermale, Clarence, House, 167 Wilkes St., Franklin County Chicago, Milwaukee, St. Paul and Pacific Berkeley Springs, 03000350 Whitney, Capt. Joel, House, 8 Pleasant St., Railroad: South Cle Elum Yard, Near Wood County Phillips, 03000293 Milwaukee Rd. and Reservoir Canyon Rd., Lynden, 03000305 Smith, W.H., Hardware Company Building, Kennebec County 119 3rd St., Parkersburg, 03000349 WISCONSIN Maine Industrial School for Girls Historic WISCONSIN District, Winthrop St., 0.5 mi. W of jct. Dane County with Water St., Hallowell, 03000289 Brown—Sewell House, 101 S. Fifth St., Dane County Stone, Capt. Nathaniel, House, 268 Maine Stoughton, 03000307 East Park Historic Park, 108–324 S. Lynn St., Ave., Farmingdale, 03000292 [FR Doc. 03–7951 Filed 4–1–03; 8:45 am] 700–816 Park St., and East Park, Oxford County BILLING CODE 4310–70–P Stoughton, 03000335 Hutchins, Moses, House, Jct. of ME 6 and Old [FR Doc. 03–7950 Filed 4–1–03; 8:45 am] Stage Rd., Lovell, 03000290 BILLING CODE 4310–70–P Penobscot County INTERNATIONAL TRADE Bradford Farm Historic District, 100 Main St., COMMISSION Patten, 03000294 DEPARTMENT OF THE INTERIOR [Investigation No. 337–TA–471] Piscataquis County Certain Data Storage Systems and National Park Service Hathaway Barn, 135 Nortons Corner Rd., Willimantic, 03000288 Components Thereof; Notice of a Commission Determination Not To National Register of Historic Places; MISSOURI Notification of Pending Nominations Review an Initial Determination Jackson County Terminating the Investigation on the Nominations for the following Goodenow Textiles Company Building, 3710 Basis of a Settlement Agreement properties being considered for listing Main St., Kansas City, 03000297 AGENCY: U.S. International Trade in the National Register were received Johnson County Commission. by the National Park Service before Miller Building, Matthews Hardware, ACTION: Notice. March 15, 2003. Pursuant to section Metropolitan Building, 800–810 E. 60.13 of 36 CFR part 60 written Broadway Blvd., Columbia, 03000298 SUMMARY: Notice is hereby given that the U.S. International Trade comments concerning the significance Osage County of these properties under the National Commission has determined not to Chamois Public School, 402 S. Main St., review the presiding administrative law Register criteria for evaluation may be Chamois, 03000295 forwarded by United States Postal judge’s (‘‘ALJ’s’’) initial determination St. Louis Independent City, Smith Academy (‘‘ID’’) granting a joint motion to Service, to the National Register Historic and Manuel Training School, 5351 Enright terminate the above-captioned Places, National Park Service, 1849 C St. Ave., St. Louis (Independent City), investigation on the basis of a settlement NW., 2280, Washington, DC 20240; by 03000296 agreement. The Commission has also all other carriers, National Register of NORTH CAROLINA determined that ALJ Order No. 47, Historic Places, National Park Granville County which granted respondents’ motion for Service,1201 Eye St. NW., 8th floor, summary determination of non- Washington DC 20005; or by fax, 202– Peace, John Mask, House, NC 1613, approx. 0.5 mi. SE of jct. with NC 1615 at Peace’s infringement of asserted claims 5–8 of Chapel, Fairport, 03000301 U.S. Patent No. 6,108,748 (‘‘the ’748

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patent’’), is moot in view of the On February 27, 2003, EMC and information are encouraged. Your termination of the investigation. Hitachi filed a joint motion to terminate comments should address one or more FOR FURTHER INFORMATION CONTACT: the investigation on the basis of the of the following four points: Timothy P. Monaghan, Esq., Office of agreed settlement outlined in the MOU. (1) Evaluate whether the proposed the General Counsel, U.S. International The IA supported the joint motion. On collection of information is necessary Trade Commission, 500 E Street, SW., March 11, 2003, the ALJ issued an ID for the proper performance of the Washington, DC 20436, telephone 202– (Order No. 51) granting the motion to functions of the agency, including 205–3152. Copies of all nonconfidential terminate the investigation. No party whether the information will have documents filed in connection with this petitioned for review of Order No. 51. practical utility; investigation are or will be available for The authority for the Commission’s (2) Evaluate the accuracy of the inspection during official business determination is contained in section agency’s estimate of the burden of the hours (8:45 a.m. to 5:15 p.m.) in the 337 of the Tariff Act of 1930, as proposed collection of information, Office of the Secretary, U.S. amended (19 U.S.C. 1337), and in including the validity of the International Trade Commission, 500 E section 210.42 of the Commission’s methodology and assumptions used; Street, SW., Washington, DC 20436, Rules of Practice and Procedure (19 CFR (3) Enhance the quality, utility, and telephone 202–205–2000. Hearing- 210.42). clarity of the information to be impaired persons are advised that By order of the Commission. collected; and information on this matter can be (4) Minimize the burden of the obtained by contacting the Issued: March 28, 2003. collection of information on those who Commission’s TDD terminal on 202– Marilyn R. Abbott, are to respond, including through the 205–1810. General information Secretary to the Commission. use of appropriate automated, concerning the Commission may also be [FR Doc. 03–7997 Filed 4–1–03; 8:45 am] electronic, mechanical, or other obtained by accessing its Internet server BILLING CODE 7020–02–P technological collection techniques or (http://www.usitc.gov). The public other forms of information technology, record for this investigation may be e.g., permitting electronic submission of viewed on the Commission’s electronic DEPARTMENT OF JUSTICE responses. docket (EDIS–ON–LINE) at http:// Overview of this information dockets.usitc.gov/eol/public. Office of Community Oriented Policing collection: SUPPLEMENTARY INFORMATION: The Services (1) Type of Information Collection: Extension of a currently approved Commission instituted this investigation Agency Information Collection on May 9, 2002, based on a complaint collection. Activities: Proposed Collection; (2) Title of the Form/Collection: filed by EMC Corporation of Hopkinton, Comments Requested Massachusetts (‘‘EMC’’), against Hitachi, Making Officer Redeployment Effective Ltd. of Tokyo, Japan, and Hitachi Data ACTION: 60-Day Notice of Information (MORE) Grant Progress Report. Systems Corporation of Santa Clara, Collection Under Review: Extension of (3) Agency form number, if any, and California (‘‘Hitachi’’). 67 FR 34472 currently approved collection; Making the applicable component of the (2002). The complaint alleges violations Officer Redeployment Effective (MORE) Department of Justice sponsoring the of section 337 in the importation and Grant Progress Report. collection: COPS. Form number: Not sale of certain data storage systems or applicable. components thereof by reason of The Department of Justice (DOJ) (4) Affected public who will be asked infringement of certain claims of Office of Community Oriented Policing or required to respond, as well as a brief complainant’s U.S. Patent Nos. Services (COPS) has submitted the abstract: Primary: MORE 2001 award 5,742,792; 5,544,347; 6,092,066; following information collection request recipients Other: None Abstract: The 6,101,497; 5,909,692, and the ’748 to the Office of Management and Budget currently approved collection patent. (OMB) for review and approval in instrument targeted MORE award On January 24, 2003, the accordance with the Paperwork recipients to gather data on equipment administrative law judge (‘‘ALJ’’) issued Reduction Act of 1995. The proposed purchased and/or civilians hired under an ID (Order No. 47) granting information collection is published to the MORE ’98 program. The questions respondents’’ motion for summary obtain comments from the public and used to gather data on the equipment determination of non-infringement of affected agencies. Comments are purchases will be used by the COPS asserted claims 5–8 of the ’748 patent. encouraged and will be accepted for Office to track summary data on the On January 30, 2003, EMC and Hitachi sixty days until June 2, 2003. This equipment purchased with COPS entered into a memorandum of process is conducted in accordance with funding and to monitor the progress of understanding (‘‘MOU’’) which provides 5 CFR 1320.10. the MORE ’01 award recipients in for the settlement of the investigation. If you have comments, especially on implementing their grant. The questions On February 12, 2003, EMC, Hitachi, the estimated public burden or used to gather data on civilians will be and the Commission investigative associated response time, suggestions, deleted. attorney (‘‘IA’’) filed a joint motion to or need a copy of the proposed (5) An estimate of the total number of stay the procedural schedule in order to information collections instrument with respondents and the amount of time provide sufficient time for EMC and instructions or additional information, estimated for an average respondent to Hitachi to conclude their settlement please contact Gretchen DePasquale, respond: This will be a one-time, agreement and to file a motion to (202) 305–7780, Office of Community targeted collection to 541 respondents. terminate the investigation. On February Oriented Policing Services, 1100 The estimated amount of time required 14, 2003 the Commission, sua sponte, Vermont Avenue, NW., Washington, DC for the average respondent to respond is extended the administrative deadline 20530. 1.5 hours. for determining whether to review Written comments and suggestions (6) An estimate of the additional Order No. 47 by sixty two (62) days, i.e., from the public and affected agencies public burden (in hours) associated with until April 28, 2003. concerning the proposed collection of the collection: The total estimated

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burden on the public is 1,082 hours Dated: March 14, 2003. DEPARTMENT OF JUSTICE annually. Laura M. Nagel, If additional information is required Deputy Assistant Administrator, Office of Drug Enforcement Administration contact: Brenda Dyer, Deputy Clearance Diversion Control, Drug Enforcement Manufacturer of Controlled Officer Information Management and Administration. Substances; Notice of Application Security Staff, Justice Management [FR Doc. 03–7837 Filed 4–1–03; 8:45 am] Division, United States Department of BILLING CODE 4410–09–M Pursuant to § 1301.33(a) of Title 21 of Justice, 601 D Street NW., Patrick Henry the Code of Federal Regulations (CFR), Building, Suite 1600, NW., Washington, this is notice that on January 22, 2003, DEPARTMENT OF JUSTICE DC 20530. Cedarburg Pharmaceuticals, LLC, 870 Dated: March 27, 2003. Drug Enforcement Administration Badger Circle, Grafton, Wisconsin Brenda Dyer, 53204, made application by letter to the Deputy Clearance Officer, Department of Importer of Controlled Substances; Drug Enforcement Administration Justice. Notice of Registration (DEA) for registration as a bulk [FR Doc. 03–7823 Filed 4–1–03; 8:45 am] manufacturer of dihydromorphine By notice dated March 12, 2002, and (9145), a basic class of controlled BILLING CODE 4410–AT–M published in the Federal Register on substance listed in Schedule I. March 25, 2002 (67 FR 13664), The firm plans to use this substance Chiragene, Inc., 7 Powder Horn Drive, DEPARTMENT OF JUSTICE in the conversion processes to produce Warren, New Jersey 07059, made Schedule II hydromorphone. Drug Enforcement Administration application by renewal to the Drug Any other such applicant and any Enforcement Administration (DEA) to person who is presently registered with Import of Controlled Substances; be registered as an importer of DEA to manufacture such substance Notice of Registration phenylacetone (8501), a basic class of may file comments or objections to the controlled substance listed in Schedule issuance of the proposed registration. By notice dated April 24, 2002, and II. The Company’s legal name has since Any such comments or objections published in the Federal Register on changed to Cambrex North Brunswick, may be addressed, in quintuplicate, to May 17, 2002 (67 FR 35136), Salsbury Incorporated. the Deputy Assistant Administrator, Chemicals, Inc., 1205 11th Street, The firm plans to import Office of Diversion Control, Drug Charles City, Iowa 50616–3466, made phenylacetone to manufacture Enforcement Administration, United application to the Drug Enforcement amphetamine. States Department of Justice, Administration (DEA) to be registered as Objections and a request for hearing Washington, DC 20537, Attention: Drug an importer of phenylacetone (8501), a were timely filed and then withdrawn. Operations Section, Domestic Drug Unit basic class of controlled substance listed DEA has considered the factors in title (ODOD) and must be filed no later than in Schedule II. The firm’s legal name 21, United States Code, section 823(a) June 2, 2003. has since changed to Cambrex Charles and determined that the registration of City, Inc. Cambrex North Brunswick, Inc., to Dated: March 14, 2003. The firm plans to import import phenylacetone is consistent with Laura M. Nagel, phenylacetone to manufacture the public interest and with United Deputy Assistant Administrator, Office of amphetamine for distribution to its States obligations under international Diversion Control, Drug Enforcement Administration. customers. treaties, conventions, or protocols in [FR Doc. 03–7824 Filed 4–1–03; 8:45 am] Objections and a request for hearing effect on May 1, 1971, at this time. DEA were timely filed and then withdrawn. has investigated Cambrex North BILLING CODE 4410–09–M DEA has considered the factors in title Brunswick, Inc. on a regular basis to ensure that the company’s continued 21, United States Code, section 823(a) DEPARTMENT OF JUSTICE and determined that the registration of registration is consistent with the public interest. These investigations have Salsbury Chemicals, Inc., is consistent Drug Enforcement Administration with the public interest and with United included inspection and testing of the States obligations under international company’s physical security systems, Manufacturer of Controlled treaties, conventions, or protocols in audits of the company’s records, Substances; Notice of Application effect on May 1, 1971, at this time. DEA verification of the company’s Pursuant to § 1301.33(a) of Title 21 of has investigated Salsbury Chemicals, compliance with state and local laws, the Code of Federal Regulations (CFR), Inc. (now Cambrex Charles City, Inc.) to and a review of the company’s this is notice that on July 22, 2002, ensure that the company’s continued background and history. Therefore, October 9, 2002, and November 7, 2002, registration is consistent with the public pursuant to section 1008(a) of the Cody Laboratories, Inc., 331 33rd Street, interest. This investigation included Controlled Substances Import and Cody, Wyoming 82414, made inspection and testing of the company’s Export Act and in accordance with title application by three separate letters to physical security system, verification of 21, Code of Federal Regulations, section the Drug Enforcement Administration the company’s compliance with state 1301.34, the above firm is granted (DEA) for registration as a bulk and local laws, and a review of the registration as an importer of the basic manufacturer of the basic class of company’s background and history. class of controlled substance listed. Schedule I and II controlled substances Therefore, pursuant to section 1008(a) of Dated: March 14, 2003. listed below: the Controlled Substances Import and Laura M. Nagel, Export Act and in accordance with title Deputy Assistant Administrator, Office of Drug Schedule 21, Code of Federal Regulations, section Diversion Control, Drug Enforcement 1301.34, the above firm is granted Administration. Dihydromorphine (9145) ...... I registration as an importer of the basic [FR Doc. 03–7838 Filed 4–1–03; 8:45 am] Methamphetamine (1105) ...... II class of controlled substance listed. BILLING CODE 4410–09–M Amphetamine (1100) ...... II

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Drug Schedule (ODOD) and must be filed no later than DEPARTMENT OF JUSTICE (June 25, 2003). Amobarbital (2125) ...... II Drug Enforcement Administration Dated: March 11, 2003. Pentobarbital (2270) ...... II Secobarbital (2315) ...... II Laura M. Nagel, Importer of Controlled Substances; Phenylacetone (8501) ...... II Deputy Assistant Administrator, Office of Notice of Registration Oxycodone (9143) ...... II Diversion Control, Drug Enforcement Administration. By Notice dated June 7, 2002, and The firm plans to produce bulk [FR Doc. 03–7830 Filed 4–1–03; 8:45 am] published in the Federal Register on June 20, 2002, (67 FR 42059), Lonza product and finished dosage units for BILLING CODE 4410–09–M distribution to its customers. Riverside, 900 River Road, Any other such applicant and any Conshohocken, Pennsylvania 19428, person who is presently registered with DEPARTMENT OF JUSTICE made application to the Drug DEA to manufacture such substances Enforcement Administration (DEA) to may file comments or objections to the Drug Enforcement Administration be registered as an importer of issuance of the proposed registration. phenylacetone (8501), a basic class of Any such comments or objections Importer of Controlled Substances; controlled substance listed in Schedule may be addressed, in quintuplicate, to Notice of Registration II. the Deputy Assistant Administrator, Objections and a request for hearing Office of Diversion Control, Drug By Notice dated February 19, 2002, were timely filed and then withdrawn. Enforcement Administration, United and published in the Federal Register DEA has considered the factors in Title States Department of Justice, on March 5, 2002, (67 FR 9988), ISP 21, United States Code, section 823(a) Washington, DC 20537, Attention: Drug Freetown Fine Chemicals, Inc., 238 and determined that the registration of Operations Section, Domestic Drug Unit South Main Street, Assonet, Lonza Riverside to import (ODOD) and must be filed no later than Massachusetts 02702, made application phenylacetone is consistent with the June 2, 2003. to the Drug Enforcement Administration public interest and with United States obligations under international treaties, Dated: March 11, 2003. (DEA) to be registered as an importer of phenylacetone (8501), a basic class of conventions, or protocols in effect on Laura M. Nagel, controlled substance listed in Schedule May 1, 1971, at this time. Therefore, Deputy Assistant Administrator, Office of II. pursuant to section 1008(a) of the Diversion Control, Drug Enforcement Controlled Substances Import and Administration. The firm plans to import the Export Act and in accordance with Title [FR Doc. 03–7825 Filed 4–1–03; 8:45 am] phenylacetone to manufacture amphetamine. 21, Code of Federal Regulations, section BILLING CODE 4410–09–M 1301.34, the above firm is granted Objections and a request for hearing registration as an importer of the basic were timely filed and then withdrawn. class of controlled substance listed. DEPARTMENT OF JUSTICE DEA has considered the factors in Title Dated: March 14, 2003. Drug Enforcement Administration 21, United States Code, 823(a) and determined that the registration of ISP Laura M. Nagel, Deputy Assistant Administrator, Office of Manufacturer of Controlled Freetown Fine Chemicals, Inc., is consistent with the public interest and Diversion Control, Drug Enforcement Substances; Notice of Application Administration. with United States obligations under Pursuant to section 1301.33(a) of Title international treaties, conventions, or [FR Doc. 03–7833 Filed 4–1–03; 8:45 am] 21 of the Code of Federal Regulations protocols in effect on May 1, 1971, at BILLING CODE 4410–09–M (CFR), this is notice that on December this time. DEA has investigated ISP 17, 2002, ISP Freetown Fine Chemicals Freeman Fine Chemicals, Inc. to ensure DEPARTMENT OF JUSTICE Inc., 238 South Main Street, Assonet, that the company’s continued Massachusetts 02702, made application registration is consistent with the public Drug Enforcement Administration by letter to the Drug Enforcement interest. This investigation included Administration (DEA) for registration as inspection and testing of the company’s Manufacturer of Controlled a bulk manufacturer of Levorphanol physical security systems, certification Substances; Notice of Application (9220) a basic class of controlled of the company’s compliance with state substance listed in Schedule II. and local laws, and a review of the Pursuant to § 1301.33(a) of Title 21 of The firm plans to produce bulk company’s background and history. the Code of Federal Regulations (CFR), product providing an alternate supply of Therefore, pursuant to section 1008(a) of this is notice that on January 14, 2003, an active pharmaceutical ingredient to the Controlled Substances Import and Mallinckrodt, Inc., Mallinckrodt & its customer. Export Act and in accordance with title Second Streets, St. Louis, Missouri Any other such applicant and any 21, Code of Federal Regulations, section 63147, made application by renewal to person who is presently registered with 1301.34, the above firm is granted the Drug Enforcement Administration DEA to manufacture such substance registration as an importer of the basic (DEA) for registration as a bulk may file comments or objections to the class of controlled substance listed manufacturer of the basic classes of issuance of the proposed registration. above. controlled substance listed below: Any such comments or objections may be addressed, in quintuplicate, to Dated: March 14, 2003. Drug Schedule the Deputy Assistant Administrator, Laura M. Nagel, Amphetamine (1100) ...... II Office of Diversion Control, Drug Deputy Assistant Administrator, Office of Methamphetamine (1105) ...... II Enforcement Administration, United Diversion Control, Drug Enforcement Methylphenidate (1724) ...... II States Department of Justice, Administration. Codeine (9050) ...... II Washington, DC 20537, Attention: Drug [FR Doc. 03–7835 Filed 4–1–03; 8:45 am] Codeine-N-oxide (9053) ...... I Operations Section, Domestic Drug Unit BILLING CODE 4410–09–M Diprenorphine (9058) ...... II

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Drug Schedule DEPARTMENT OF JUSTICE of any controlled substances in Schedule I or II are and will continue to Etorphine HCl (9059) ...... II Drug Enforcement Administration be required to demonstrate to the Dihydrocodeine (9120) ...... II Deputy Assistant Administrator, Office Oxycodone (9160) ...... II Importation of Controlled Substances; of Diversion Control, Drug Enforcement Dihydromorphine (9145) ...... I Notice of Application Administration that the requirements Hydromorphone (9150) ...... II Pursuant to section 1008 of the for such registration pursuant to 21 Difenoxin (9168) ...... I Controlled Substances Import and U.S.C. 958(a), 21 U.S.C. 823(a), and 21 Diphenoxylate (9170) ...... II Export Act (21 U.S.C. 958(i)), the CFR 1301.34(a), (b), (c), (d), (e), and (f) Benzoylecgonine (9180) ...... II Attorney General shall, prior to issuing are satisfied. Ecgonine (9180) ...... II a registration under this section to a Hydrocodone (9193) ...... II Dated: March 11, 2003. bulk manufacturer of a controlled Heroin (9200) ...... I Laura M. Nagel, Levorphanol (9220) ...... II substance in Schedule I or II and prior Deputy Assistant Administrator, Office of Meperidine (9230) ...... II to issuing a registration under section Diversion Control, Drug Enforcement Methadone (9250) ...... II 1002(a) authorizing the importation of Administration. Methadone intermediate (9254) ... II such a substance, provide manufactures [FR Doc. 03–7832 Filed 4–1–03; 8:45 am] Metopon (9260) ...... II holding registrations for the bulk BILLING CODE 4410–09–M Dextropropoxyphene, bulk (9273) II manufacture of the substance an Morphine (9300) ...... II opportunity for a hearing. Morphine-N-oxide (9307) ...... I Therefore, in accordance with section DEPARTMENT OF JUSTICE Nicomorphine (9312) ...... I 1301.34 of title 21, Code of Federal Normorphine (9313) ...... I Regulations (CFR), notice is hereby Drug Enforcement Administration Thebaine (9333) ...... II given that on January 14, 2003, Manufacturer of Controlled Opium extracts (9610) ...... II Mallinckrodt, Inc., Mallinckrodit & Substances; Notice of Registration Opium fluid extract (9620) ...... II Second Streets, St. Louis, Missouri, Norlevorphanol (9634) ...... I 63147, made application by renewal to By Notice dated November 26, 2002, Opium tincture (9630) ...... II the Drug Enforcement Administration to and published in the Federal Register Opium, powdered (9639) ...... II be registered as an importer of the basic Opium, granulated (9640) ...... II classes of controlled substance listed on December 10, 2002, (67 FR 75863), Levo-alphacetylmethadol (9648) .. II below. Noramco, Inc., 1440 Olympic Drive, Oxymorphone (9652) ...... II Athens, Georgia 30601, made Alfentanil (9737) ...... II Drug Schedule application by letter to the Drug Sufentanil (9740) ...... II Enforcement Administration to be Phenylaceton (8501) ...... II Fentanyl (9801) ...... II registered as a bulk manufacturer of the Coca Leaves (9040) ...... II Tetrahydrocannabinols (7370) ..... I basic classes of controlled substances Opium, raw (9600) ...... II listed below: Opium poppy (9650) ...... II Poppy Straw Concentrate (9670) II The firm plans to manufacture the Drug Schedule controlled substances as analytical reference standards to be used internally The firm plans to import the listed Sufentanil (9740) ...... II and for sale to other companies. controlled substance to bulk manufacture controlled substances. Any other such applicant and any Any manufacturer holding, or The firm plans to manufacture the person who is presently registered with applying for, registration as a bulk listed controlled substance for sale to a DEA to manufacture such substances manufacturer of these basic classes of customer. may file comments or objections to the controlled substances may file written No comments or objections have been issuance of the proposed registration. comments on or objections to the received. DEA has considered the Any such comments or objections application described above and may, at factors in Title 21, United States Code, may be addressed, in quintuplicate, to the same time, file a written request for section 823(a) and determined that the the Deputy Assistant Administrator, a hearing on such application in registration of Noramco, Inc., to Office of Diversion Control, Drug accordance with 21 CFR 1301.43 is such manufacture the listed controlled substances is consistent with the public Enforcement Administration, United form as prescribed by 21 CFR 1316.47. Any such comments, objections of interest at this time. DEA has States Department of Justice, requests for a hearing may be addressed, investigated Noramco Inc., to ensure Washington, DC 20537, Attention: Drug in quintuplicate, to the Deputy Assistant that the company’s registration is Operations Section, Domestic Drug Unit Administrator, Office of Diversion consistent with the public interest. This (ODOD) and must be filed no later than Control, Drug Enforcement investigation has included inspection 60 days from publication. Administration, United States and testing of the company’s physical Dated: March 14, 2003. Department of Justice, Washington, DC security systems, verification of the Laura M. Nagel, 20537, Attention: DEA Federal Register company’s compliance with state and Deputy Assistant Administrator, Office of Representative (CCR), and must be filed local laws, and a review of the Diversion Control, Drug Enforcement no later than (30 days from publication). company’s background and history. Administration. This procedure is to be conducted Therefore, pursuant to 21 U.S.C. 823 [FR Doc. 03–7826 Filed 4–1–03; 8:45 am] simultaneously with an independent of and 28 CFR 0.100 and 0.104, the Deputy the procedures described in 21 CFR Assistant Administrator, Office of BILLING CODE 4410–09–M 1301.34(b), (c), (d), (e), and (f). As noted Diversion Control, hereby orders that in a previous notice at 40 FR 43745–46 the application submitted by the above (September 23, 1975), all applicants for firm for registration as a bulk registration to import the basic classes manufacturer of the basic classes of

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controlled substances listed above is DEPARTMENT OF JUSTICE Drug Schedule granted. Drug Enforcement Administration Ecgonine (9180) ...... II Dated: March 11, 2003. Laura M. Nagel, Manufacturer of Controlled The firm plans to manufacture the Deputy Assistant Administrator, Office of Substances; Notice of Application listed controlled substance for the Diversion Control, Drug Enforcement manufacture of a non-controlled Administration. Pursuant to section 1301.33(a) of Title substance flavor extract. [FR Doc. 03–7834 Filed 4–1–03; 8:45 am] 21 of the Code of Federal Regulations Any other such applicant and any (CFR), this is notice that on April 11, BILLING CODE 4410–09–M person who is presently registered with 2002, Organichem Corporation, 33 the DEA to manufacture such Riverside Avenue, Rensselaer, New substances may file comments or DEPARTMENT OF JUSTICE York, 12144, made application by objections to the issuance of the renewal to the Drug Enforcement proposed registration. Drug Enforcement Administration Administration for registration as a bulk Any such comments or objections manufacturer of the basic classes of may be addressed, in quintuplicate, to Manufacturer of Controlled controlled substance listed below: the Deputy Assistant Administrator, Substances; Notice of Application Office of Diversion Control, Drug Drug Schedule Enforcement Administrator, United States Department of Justice, Pursuant to § 1301.33(a) of Title 21 of Amphetamine (1100) ...... II the Code of Federal Regulations (CFR), Pentobarbital (2270) ...... II Washington, DC 20537, Attention: Drug this is notice that on November 18, Methylphenidate (1724) ...... II Operations Section, Domestic Drug Unit 2002, Novartis Pharmaceuticals Meperidine (9230) ...... II (ODOD) and must be filed no later than Corporation, Attn: Security Department, June 2, 2003. Building 103, Room 335, 59 Route 10, Any other such applicant and any Dated: March 11, 2003. East Hanover, New Jersey 07936, made person who is presently registered with Laura M. Nagel, application by renewal to the Drug DEA to manufacture such substance Deputy Assistant Administrator, Office of Enforcement Administration (DEA) for may file comments or objections to the Diversion Control, Drug Enforcement registration as a bulk manufacturer of issuance of the proposed registration. Administration. the basic class of controlled substance Any such comments or objections [FR Doc. 03–7828 Filed 4–1–03; 8:45 am] listed below: may be addressed, in quintuplicate, to BILLING CODE 4410–09–M the Deputy Assistant Administrator, Drug Schedule Office of Diversion Control, Drug Enforcement Administration, United DEPARTMENT OF JUSTICE Methylphenidate (1724) ...... II States Department of Justice, Washington, DC 20537, Attention: Drug Drug Enforcement Administration The firm plans to produce bulk Operations Section, Domestic Drug Unit Manufacturer of Controlled product and finished dosage units for (ODOD), and must be filed no later than Substances; Notice of Application distribution to its customers. June 2, 2003. Dated: March 11, 2003 Pursuant to § 1301.33(a) of Title 21 of Any other such applicant and any the Code of Federal Regulations (CFR), Laura M. Nagel, person who is presently registered with this is notice that on January 9, 2003, DEA to manufacture such substance Deputy Assistant Administrator, Office of Rhodes Technologies, 498 Washington may file comments or objections to the Diversion Control, Drug Enforcement Administration. Street, Coventry, Rhode Island 02816, issuance of the proposed registration. made application by renewal and by [FR Doc. 03–7831 Filed 4–1–03; 8:45 am] Any such comments or objections letters dated January 28, 2003 and BILLING CODE 4410–09–M may be addressed, in quintuplicate, to February 26, 2003, to the Drug the Deputy Assistant Administrator, Enforcement Administration (DEA) for Office of Diversion Control, Drug DEPARTMENT OF JUSTICE registration as a bulk manufacturer of Enforcement Administration, United the basic class of Schedule I and II States Department of Justice, Drug Enforcement Administration controlled substances listed below: Washington, DC 20537, Attention: Drug Manufacturer of Controlled Drug Schedule Operations Section, Domestic Drug Unit Substances; Notice of Application (ODOD) and must be filed no later than Codeine (9050) ...... II June 2, 2003. Pursuant to § 1301.33(a) of Title 21 of Oxycodone (9143) ...... II the Code of Federal Regulations (CFR), Thebaine (9333) ...... II Dated: March 11, 2003. Methylphenidate (1724) ...... II Laura M. Nagel, this is notice that on July 29, 2002, Tetrahydrocannabinols (7370) ..... I Penick Corporation, 158 Mount Olivet Hydromorphone (9150) ...... II Deputy Assistant Administrator, Office of Avenue, Newark, New Jersey 07114, Diversion Control, Drug Enforcement Hydrocodone (9193) ...... II made application by letter to the Drug Fentanyl (9801) ...... II Administration. Enforcement Administration (DEA) for Noroxymorphone (9668) ...... II [FR Doc. 03–7829 Filed 4–1–03; 8:45 am] registration as a bulk manufacturer of Dihydrocodeine (9120) ...... II BILLING CODE 4410–09–M the basic classes of controlled substances listed below: The firm plans to produce bulk products for conversion and distribution Drug Schedule to its customers. Any other such applicant and any Cocaine (9040) ...... II person who is presently registered with

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DEA to manufacture such substances the application submitted by the above manufactured at Crystal Lake were sent may file comments or objections to the firm for registration as a bulk internally within the subject issuance of the proposed registration. manufacturer of the basic classes of corporation. Only a relatively minor Any such comments or objections controlled substances listed above is amount of the plastics operation was may be addressed, in quintuplicate, to granted. supplied to outside customers. Accura the Deputy Assistant Administrator, Tool & Mold Co., Inc/Metaldyne Inc. did Office of Diversion Control, Drug Laura M. Nagel, not increase imports of automotive Enforcement Administration, United Deputy Assistant Administrator, Office of transmission and powertrain molds and States Department of Justice, Diversion Control, Drug Enforcement dies from 2000 through July 2002 when Administration. Washington, DC 20537, Attention: Drug the plant shut down. Production of Operations Section, Domestic Drug Unit [FR Doc. 03–7836 Filed 7–1–03; 8:45 am] metal moldings was transferred to (ODOD) and must be filed no later than BILLING CODE 4410–09–M another affiliated domestic facility. The 60 days from publication. plastics operation was abandoned due Dated: March 14, 2003. to the closure of the plant. DEPARTMENT OF LABOR Laura M. Nagel, The NAFTA–TAA petition for the same worker group was denied because Deputy Assistant Administrator, Office of Employment and Training criteria (3) and (4) of the group Diversion Control, Drug Enforcement Administration Administration. eligibility requirements in paragraph [FR Doc. 03–7827 Filed 4–1–03; 8:45 am] [TA–W–41,831 and NAFTA–06338] (a)(1) of section 250 of the Trade Act, as amended, were not met. There was no BILLING CODE 4410–09–M Metaldyne, Inc., Formerly Accura Tool shift in production from the workers’ & Mold Co., Inc., Crystal Lake, IL; firm to Mexico or Canada during the DEPARTMENT OF JUSTICE Notice of Negative Determination relevant period. Imports from Canada or Regarding Application for Mexico did not contribute importantly Drug Enforcement Administration Reconsideration to worker separations. The factors as addressed in the TAA denial were also Manufacturer of Controlled By application of December 18, 2002 discussed in the NAFTA decision. Substances; Notice of Registration (postmark date), a petitioner requested The petitioner appears to indicate that administrative reconsideration of the the Department of Labor made errors in By notice dated June 24, 2002, and Department’s negative determination the description of the type of work that published in the Federal Register on regarding eligibility for workers and was done at the Accura Tool & Mold July 10, 2002 (67 FR 45765), Stepan former workers of the subject firm to Co., Inc./Metaldyne plant. When Company, Natural Products Department, apply for Trade Adjustment Assistance contacted, the petitioner clarified that 100 W. Hunter Avenue, Maywood, New (TAA) under petition TA–W–41,831 and he suspected that the petitioning worker Jersey 07607, made application by North American Free Trade Agreement- group produced more than just molds renewal to the Drug Enforcement Transitional Adjustment Assistance and dies for components other than Administration (DEA) to be registered as (NAFTA–TAA) under petition NAFTA– powertrains and transmissions, as the a bulk manufacturer of the basic classes 6338. The TAA and NAFTA–TAA workers were not always informed of controlled substances listed below: denial notices applicable to workers of about the end use of their production. Metaldyne, Inc., formerly Accura Tool & Drug Schedule A review of the data supplied in the Mold Co., Inc., Crystal Lake, Illinois initial investigation and recent follow Cocaine (9041) ...... II were signed on November 22, 2002, and up contact with the company indicates Benzoylecgonine (9180) ...... II November 25, 2002, and published in that the subject plant primarily the Federal Register on December 23, produced powertrain and transmission The firm plans to manufacture bulk 2002 (67 FR 78257 and 78258, molds and dies. The subject firm also controlled substances for distribution to respectively). produced plastic molds, but this its customers. Pursuant to 29 CFR 90.18(c) constituted a relatively small portion of No comments or objections have been reconsideration may be granted under overall plant production. received. DEA has considered the the following circumstances: The petitioner also alleged that there factors in title 21, United States Code, (1) If it appears on the basis of facts were ‘‘errors in the correlation of section 823(a) and determined that the not previously considered that the definitions of what Metaldyne’s registration of Stepan Company to determination complained of was description and functions of Accura manufacture the listed controlled erroneous; Tool and Die were.’’ The petitioner also substances is consistent with the public (2) If it appears that the determination attached various documents in an interest at this time. DEA has complained of was based on a mistake attempt to depict the allegation. When investigated Stepan Company on a in the determination of facts not contacted for clarification on this regular basis to ensure that the previously considered; or allegation, the petitioner stated that company’s continued registration is (3) If in the opinion of the Certifying workers skilled in mold and die consistent with the public interest. Officer, a mis-interpretation of facts or production can produce molds and dies These investigations have included of the law justified reconsideration of for a wide variety of metal parts. He also inspection and testing of the company’s the decision. asserted that any mold and die facility physical security systems, verification The TAA petition, filed on behalf of had workers that could easily produce of the company’s compliance with State workers at Metaldyne, Inc., formerly products competitive with those and local laws, and a review of the Accura Tool & Mold Co., Inc., Crystal produced at the subject firm, and that company’s background and history. Lake, Illinois, was denied because the there were many cheaper facilities in Therefore, pursuant to 21 U.S.C. 823 ‘‘contributed importantly’’ group Mexico and Canada capable of this and 28 CFR 0.100 and 0.104, the Deputy eligibility requirement of section 222(3) production. It appears that he believes Assistant Administrator, Office of of the Trade Act of 1974, as amended, that, if the high transferability of the Diversion Control, hereby orders that was not met. Most of the molds and dies petitioning worker group’s skills were

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properly understood, then the worker (imports from Canada or Mexico as it appropriate subdivision have group would be considered eligible for relates to NAFTA) of products like or contributed importantly to the trade adjustment assistance. directly competitive with what the separations, or threat thereof, and to the In its investigation to assess the subject plant produced must contribute absolute decline in sales or production eligibility of petitioning worker groups importantly to the layoffs at the subject of such firm or subdivision. for trade adjustment assistance, the plant to meet the eligibility Negative Determinations for Worker Department considers the actual requirements of TAA or NAFTA. Also, Adjustment Assistance products produced by subject firm a shift in production to Canada or workers, and whether or not like or Mexico could have qualified the In each of the following cases the directly competitive products were workers for NAFTA. In any event, none investigation revealed that criterion (3) imported in the relevant period. Thus, of these events occurred thus the criteria has not been met. A survey of customers the ‘‘functions’’ as represented by the were not met for the workers of indicated that increased imports did not petitioner, are irrelevant. The Metaldyne, Inc., formerly Accura Tool & contribute importantly to worker overwhelming amount of mold and die Mold Co., Inc., Crystal Lake, Illinois. separations at the firm. production was transferred to another None. affiliated domestic location. As Conclusion In the following case, the indicated in the initial investigation, the After review of the application and investigation revealed that the criteria subject firm also produced plastic investigative findings, I conclude that for eligibility have not been met for the molds, but this constituted a relatively there has been no misinterpretation of reasons specified. small portion of overall plant the law or of the facts which would The investigation revealed that production. The plastics mold operation justify reconsideration of the criterion (a)(2)(A) (I.C.) (Increased was abandoned at the time of plant Department of labor’s prior decisions. imports) and (a) (2)(B) (II.B) (No shift in closure, as it was a residual business of Accordingly, the application is denied. production from a foreign country) have facility’s previous owners, and not in not been met. Signed in Washington, DC, this 13th day of line with the business experience and March, 2003. TA–W–50,996; Fishing Vessel (F/V) interests of Metaldyne. Recent contact Netta, Naknek, AK. Edward A. Tomchick, with a company official confirmed that TA–W–50,165; Fishing Vessel (F/V) the company did not import products Director, Division of Trade Adjustment Jenni Lee, Aleknagik, AK. Assistance. competitive with those produced at the TA–W–50,131; Fishing Vessel (F/V) subject firm during the relevant period. [FR Doc. 03–7918 Filed 4–1–03; 8:45 am] Raymond Thorsen, Dillingham, AK. The petitioner also indicates that BILLING CODE 4510–30–P TA–W–51,057; Fishing Vessel (F/V) additional plants located in foreign Bucko, Dillingham, AK. locations perform the same kind of work TA–W–51,040; Emcee Broadcast and production. DEPARTMENT OF LABOR Products, White Haven, PA. An examination of the attachments TA–W–50,993; Fishing Vessel (F/V) Employment and Training provided by the petitioner show various Darcie Michelle, Dillingham, AK. Administration products (i.e., precision die casting as TA–W–50,919; Southern Farm Fish Processors, Inc., a Div. of Farmland rough castings, machined casting, Notice of Determinations Regarding Industries, Inc., Eudora, AR. assemblies and modules) made on a Eligibility To Apply for Worker company wide basis from various TA–W–50,911; Benton Veneer Co., Adjustment Assistance and NAFTA Benton, AR. locations, including foreign locations. Transitional Adjustment Assistance The import of these products to the TA–W–50,897; Fishing Vessel (F/V) Miss United States is not relevant to the TAA In accordance with section 223 of the Kari, Yankeetown, FL. or NAFTA investigations that were filed Trade Act of 1974, as amended, the TA–W–50,793; Fishing Vessel (F/V) on behalf of workers producing molds Department of Labor herein presents Matthew Thorson, Dillingham, AK. TA–W–50,768; Fishing Vessel (F/V) and dies. The product imported must be summaries of determinations regarding Maya Ann, Anchorage, AK. ‘‘like or directly’’ competitive with what eligibility to apply for trade adjustment TA–W–50,759; Fishing Vessel (F/V) the subject firm produced and the assistance for workers (TA–W) issued Cape Menemikof, Dillingham, AK. imports (including Canada and/or during the period of March 2003. TA–W–50,756; Fishing Vessel (F/V), Mexico as it relates to NAFTA) must In order for an affirmative Camelot, Togiak, AK. ‘‘contribute importantly’’ to the layoffs determination to be made and a TA–W–50,754; Fishing Vessel (F/V) at the subject plant to meet the certification of eligibility to apply for Areil Rochelle, Nushagak, AK. eligibility requirements for adjustment worker adjustment assistance to be TA–W–50,710; Fishing Vessel (F/V) assistance under section 222 of the issued, each of the group eligibility Kona Rose, Seattle, WA. Trade Act of 1974 or NAFTA–TAA requirements of section 222 of the Act TA–W–50,691; State of Alaska under section 250 of the Trade Act of must be met. Commercial Fisheries Entry 1974. (1) That a significant number or Commission Permit #SO3T65910I, The petitioner further appears to state proportion of the workers in the Newhalen, AK. that there has been little consideration workers’ firm, or an appropriate TA–W–50,621; Fishing Vessel (F/V) for present economical factors that point subdivision thereof, have become totally Frances A, Naknek, AK. to the current trend of thousands of or partially separated, or are threatened TA–W–50,630; Fishing Vessel (F/V) manufacturing plant closures and to become totally or partially separated; Alicia Dawn, Togiak, AK. massive layoffs due to overseas trade and TA–W–50,360; Ocean State Finishing agreements resulting in the Accura Tool (2) That sales or production, or both, Co., Woonsocket, Rhode Island. and Dye plant closing. of the firm or sub-division have TA–W–50,340; Lear Corp., Electrical Economic conditions are not criteria decreased absolutely, and and Electronics Div. (Leed), Plant in determining eligibility for worker (3) That increases of imports of 074, Peru, IN. adjustment assistance pursuant to the articles like or directly competitive with TA–W–51,512; Fishing Vessel (F/V) Trade Act of 1974. Increased imports articles produced by the firm or Millie Jo, Chignik Lagoon, AK.

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TA–W–51,428; South Bend Acquisition TA–W–50,843; Fishing Vessel (F/V) My TA–W–50,956; Woodbridge Sanitary Corp., South Bend, IN. Girls, Port Heiden, AK. Pottery, a subsidiary of Gerber TA–W–50,593; Exemplar Manufacturing TA–W–51,169; State of Alaska Plumbing Fixtures Crop, Co., Ypsilanti, MI. Commercial Fisheries Entry Woodbridge, NJ: February 14, 2002. TA–W–50,537; Brillion Iron Works, Inc., Commission Permit #SO4T608705, TA–W–50,418; Plastx World, a Brillion, WI. Egegik, AK. subsidiary of Clayfield TA–W–50,220; Trus Joist, a TA–W–50,351; Top Gun Tool, Inc., Erie, Management, LTD (UK), including Weyerhaeuser Business, Stayton, PA. leased workers of Express OR. TA–W–50,818; Hitchiner Manufacturing Personnel, Wharton, NJ: December TA–W–50,389; Fishing Vessel (F/V) Co., Ferrous Div., Littleton, NH. 17, 2001. TA–W–50,770; Warp Knit Mills, Inc., Three Wind, Dillingham, AK. Affirmative Determinations for Worker Lincolnton, NC: February 3, 2002. TA–W–50,464; Central Chair Co., Adjustment Assistance Asheboro, NC. TA–W–50,773; Crystal Dyeing Finishing, TA–W–50,645; Sinsitl Fisheries, Kodiak, The following certifications have been Hickory, NC: February 3, 2002. AK. issued; the date following the company TA–W–50,666; John Crowley, Inc., TA–W–50,703; Versa-Tool, Inc., name and location of each Jackson, MI: January 22, 2002. Meadville, PA. determination references the impact TA–W–50,192; Smith and Wesson Corp., TA–W–50,748; Fishing Vessel (F/V) date for all workers of such Springfield, MA: December 13, Aldebaran, Ketchikan, AK. determination. 2002. TA–W–50,769; Magic Fish Co., False TA–W–42,180; Hy-Lift, LLC, Muskegon, The following certification has been Pass, AK. MI: September 17, 2001. issued. The requirement of upstream TA–W–50,795; Purl Knit Fabric Corp., TA–W–42,360; Precision Twist Drill Co., supplier to trade certified primary firm Brooklyn, NY. Rhinelander, WI: September 16, has been met. TA–W–50,985; S.B. Foot Tanning Co., 2001. TA–W–50,689; Fishing Vessel (F/V) Texas Div., Dumas, TX. The following certifications have been Wendy Ann, Kodiak, AK: January The workers firm does not produce an issued. The requirements of (a)(2)(A) 23, 2002. article as required for certification under (increased imports) of section 222 have TA–W–50,306; Nevamar Co., section 222 of the Trade Act of 1974. been met. Particleboard Div., Stuart, VA: December 4, 2001. TA–W–50,463; McCormick Enterprises, TA–W–50,540; Gaylord Container Corp., d/b/a Inland Paperboard and TA–W–50,840; State of Alaska Inc., Delton, MI. Commercial Fisheries Entry TA–W–51,048; Kayser-Roth Corp., Packaging, Inc., Antioch, CA: December 3, 2001. Commission Permit #SO4T57684H, Creedmoor Facility, Creedmoor, NC. Manokotak, AK: January 30, 2002. TA–W–51,001; e-Gain Communications TA–W–50,064; Cerro Fabricated Products, a Div. of Cerro Metal TA–W–50,794; Santa Rosa, Inc., Kodiak, Corp., Novato, CA. AK: February 3, 2002. TA–W–50,940; Olympic Security Products Co., Bristol, CT: November The following certifications have been Services, Inc., Will Rogers World 12, 2001. issued. The requirements of (a)(2)(B) Airport, Oklahoma City, OK. TA–W–50,275; Chinook Sailing (shift in production) of section 222 have TA–W–50,942; Specialty Merchandise Products, Cascade Locks, OR: been met. Corp (SMC), Chatsworth, CA. November 25, 2001. TA–W–50,478; Maysteel, LLC, Mayville, TA–W–50,731; The Protectoseal Co., The investigation revealed that WI: December 27, 2001. Bensenville, IL: January 7, 2002. criteria (2) has not been met. The TA–W–50,525; Cincinnati Machine, Div. TA–W–50,579; Thomson 60 Case, LLC, a workers’ firm (or subdivision) is not an of Unova, Inc., Cincinnati, OH: subsidiary of Thomson Industries, upstream supplier or components for January 7, 2002. Inc., Lancaster, PA: January 3, 2002. trade-affected companies. TA–W–50,554; Scotty’s Fashions, TA–W–50,680; Avery Dennison, Milford, TA–W–50,458; Smurfit-Stone Container Palmerton, PA: January 6, 2002. MA: January 16, 2002. Corp., Corrugated Container Div., TA–W–50,663; Blackman Uhler, a Div. TA–W–50,712; Fishing Vessel (F/V), Spartanburg, SC. of Synalloy Corp., Spartanburg, SC: Mikna Rene, Manokotak, AK: The investigation revealed that January 15, 2002. January 21, 2002. criterion (a)(2)(A)(I.A) (no employment TA–W–50,685: Elm Tex, Inc., West TA–W–50,715; Fishing Vessel (F/V) declines) has been met. Springfield, MA: January 24, 2002. Aaron and Eric, Manokotak, AK: TA–W–50,885 & A,B; Flying J. Oil and TA–W–50,524; Fishing Vessel (F/V) January 21, 2002. Gas, Inc., North Salt Lake, UT, TA–W–50,751; Fishing Vessel (F/V) Jessica, Anchorage, AK. Sidney, MT and Gilette, WY: Anuskat, Manokotak, AK: January TA–W–50,734; Genesis Designs, Bend, February 7, 2002. 21, 2002. OR. TA–W–50,943; Tree Top, Inc., Consumer TA–W–50,877; Fishing Vessel (F/V) TA–W–50,467; State of Alaska Packaged Goods Div. Selah, WA: Number One, Manokotak, AK: Commercial Fisheries Entry February 13, 2002. January 22, 2002. Commission Permit #SO4T–60471B, TA–W–50,955; Specialized Bicycle TA–W–50,933; Fishing Vessel (F/V) Homer, AK. Components, Salt Lake City Marilynn, Cook Inlet, AK: February TA–W–51,061; Fishing Vessel (F/V) Facility, Salt Lake City, UT: 18, 2002. Pauline Marie, Manokotak, AK. February 20, 2002. TA–W–50,944; Honeywell International, TA–W–50,625; Fishing Vessel (F/V) TA–W–50,280, A,B,C,D; The Holmes Aerospace-West Coast Support Thunderbird, Anchorage, AK. Group, Rival Div., Golding Drive Operations, Burbank, CA: February The investigation revealed that Location, Clinton, MO, South 7, 2002. criterion (a)(2)(A)(I.B) (sales or Orchard Location, Clinton, MO, TA–W–50,971; Imco Recycling of Idaho, production, or both did not decline) and Kansas City, MO, Jackson, MS and Post Falls, ID: February 14, 2002. (a)(2)(A)(II.B) (no shift in production to Sweet Springs, MO: December 9, TA–W–50,396; Sherwood Tool, a Div. of a foreign country) have not been met. 2001. Sweetheart Cup Co., Inc.,

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Commercial Manufactured Parts Negative Determinations NAFTA–TAA DEPARTMENT OF LABOR Div., Kensington, CT: and In each of the following cases the Employment and Training Assembled Equipment Div., investigation revealed that criteria (3) Administration Kensington, CT: December 11, 2001. and (4) were not met. Imports from TA–W–50,701; Midwest Electric Canada or Mexico did not contribute [TA–W–50,761] Products, Inc., a wholly-Owned importantly to workers’ separations. subsidiary of General Electric Corp., There was no shift in production from State of Alaska Commercial Fisheries Mankato, MN: January 24, 2002. the subject firm to Canada or Mexico Entry Commission Permit # SO4T (Nick TA–W–50,093A; Kane Magnetics during the relevant period. Timurphy), Dillingham, AK; Notice of International, Inc., Galeton, PA: None. Termination of Investigation November 6, 2001. The investigation revealed that the criteria for eligibility have not been met Pursuant to Section 221 of the Trade TA–W–50,029; State of Alaska Act of 1974, as amended, an Commercial Fisheries Entry for the reasons specified. The investigation revealed that the investigation was initiated on January Commission Permit #SO4K618440, workers of the subject firm did not 30, 2003 in response to a petition filed Kodiak, AK: November 5, 2001. produce an article within the meaning by a company official on behalf of the TA–W–50,585; Skillers USA, C and S of section 250(a) of the Trade Act, as group of workers covered by the State of Apparel, Inc., Butler, PA: December amended. Alaska Commercial Fisheries Entry 10, 2001. None. Commission Permit # SO4T (Nick TA–W–50,623; Arimon Technologies, Timurphy), Dillingham, Alaska. Inc., Montello, WI: January 17, Affirmative Determinations NAFTA– The petitioner has requested that the 2002. TAA petition be withdrawn. Consequently, None. further investigation would serve no Also, pursuant to title V of the North I hereby certify that the purpose and the investigation has been American Free Trade Agreement aforementioned determinations were terminated. Implementation Act (Pub. L. 103–182) issued during the month of March 2003. concerning transitional adjustment Signed at Washington, DC this 18th day of Copies of these determinations are assistance hereinafter called (NAFTA– March, 2003. available for inspection in Room C– TAA) and in accordance with section Linda G. Poole, 5311, U.S. Department of Labor, 200 250(a), subchaper D, chapter 2, title II, Certifying Officer, Division of Trade Constitution Avenue, NW., Washington, of the Trade Act as amended, the Adjustment Assistance. DC 20210 during normal business hours Department of Labor presents [FR Doc. 03–7904 Filed 4–1–03; 8:45 am] or will be mailed to persons who write summaries of determinations regarding BILLING CODE 4510–30–P to the above address. eligibility to apply for NAFTA–TAA issued during the month of March 2003. Dated: March 21, 2003. DEPARTMENT OF LABOR In order for an affirmative Edward A. Tomchick, determination to be made and a Director, Division of Trade Adjustment Assistance. Employment and Training certification of eligibility to apply for Administration NAFTA–TAA the following group [FR Doc. 03–7919 Filed 4–1–03; 8:45 am] eligibility requirements of section 250 of BILLING CODE 4510–30–P Investigations Regarding Certifications the Trade Act must be met: of Eligibility To Apply for Worker (1) That a significant number or Adjustment Assistance DEPARTMENT OF LABOR proportion of the workers in the workers’ firm, or an appropriate Petitions have been filed with the Employment and Training Secretary of Labor under Section 221(a) subdivision thereof, (including workers Administration in any agricultural firm or appropriate of the Trade Act of 1974 (‘‘the Act’’) and subdivision thereof) have become totally [TA–W–50,777] are identified in the Appendix to this or partially separated from employment notice. Upon receipt of these petitions, A.O. Smith, Electrical Products and either— the Director of the Division of trade Company, Ripley, TN; Notice of Adjustment Assistance, Employment (2) That sales or production, or both, Termination of Investigation and Training Administration, has of such firm or subdivision have instituted investigations pursuant to decreased absolutely, Pursuant to section 221 of the Trade Section 221(a) of the Act. (3) That imports from Mexico or Act of 1974, an investigation was The purpose of each of the Canada of articles like or directly initiated on February 4, 2003, in investigations is to determine whether competitive with articles produced by response to a petition filed by a the workers are eligible for adjustment such firm or subdivision have increased, company official on behalf of workers at assistance under Title II, Chapter 2, of and that the increases imports A.O. Smith, Electrical Products the Act. The investigations will further contributed importantly to such Company, Ripley, Tennessee. relate, as appropriate, to the The petitioner has requested that the workers’ separations or threat of determination of the date on which total petition be withdrawn. Consequently, separation and to the decline in sales or or partial separations began or the investigation has been terminated. production of such firm or subdivision; threatened to begin and the subdivision or Signed in Washington, DC this 17th day of of the firm involved. (4) That there has been a shift in March 2003. The petitioners of any other persons production by such workers’ firm or Richard Church, showing a substantial interest in the subdivision to Mexico or Canada of Certifying Officer, Division of Trade subject matter of the investigations may articles like or directly competitive with Adjustment Assistance. request a public hearing, provided such articles which are produced by the firm [FR Doc. 03–7905 Filed 4–1–03; 8:45 am] request is filed in writing with the or subdivision. BILLING CODE 4510–30–U Director, Division of Trade Adjustment

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Assistance, at the address shown below, shown below, not later than April 14, Constitution Avenue, NW., Washington, not later than April 14, 2003. 2003. DC 20210. The petitions filed in this case are Interested persons are invited to Signed at Washington, DC this 17th day of available for inspection at the Office of submit written comments regarding the March 2003. the Director, Division of Trade subject matter of the investigations to Adjustment Assistance, Employment Edward A. Tomchick, the Director, Division of Trade and Training Administration, U.S. Director, Division of Trade Adjustment Adjustment Assistance, at the address Department of Labor, Room C–5311, 200 Assistance.

APPENDIX [Petitions instituted between 03/10/2003 and 03/14/2003]

Date of Date of TA–W Subject firm (petitioners) Location institution petition

51,099 ...... Allegheny Ludlum (Wkrs) ...... Houston, PA ...... 03/10/2003 02/27/2003 51,100A ...... HMH Transportation, Inc (Comp) ...... Forest Park, GA ...... 03/10/2003 03/03/2003 51,100B ...... HMH Transportation, Inc (Comp) ...... Los Angeles, CA ...... 03/10/2003 03/03/2003 51,100 ...... HMH Transportation Inc. (Comp) ...... Hazlehurst, GA ...... 03/10/2003 03/03/2003 51,101 ...... Agilent Technologies (Wkrs) ...... Fort Collins, CO ...... 03/10/2003 03/05/2003 51,102 ...... Jeld Wen—Pozzi Window (OR) ...... Bend, OR ...... 03/10/2003 03/06/2003 51,103 ...... Toshira America Electronic (OR) ...... Beaverton, OR ...... 03/10/2003 03/07/2003 51,104 ...... Johnstown Leather Corporation (UNITE) ...... Johnstown, NY ...... 03/10/2003 02/26/2003 51,105 ...... Dinaire, LLC (Comp) ...... Buffalo, NY ...... 03/10/2003 02/25/2003 51,106 ...... CertainTeed Corporation (Wkrs) ...... Nesquehoning, PA ...... 03/10/2003 03/06/2003 51,107 ...... Halex Company (IBT) ...... Cleveland, OH ...... 03/10/2003 02/20/2003 51,108 ...... Defender, Inc./Starr Supporter (Wkrs) ...... Philadelphia, PA ...... 03/10/2003 02/27/2003 51,109 ...... MCI Worldcom Network Services (Wkrs) ...... Hunt Valley, MD ...... 03/10/2003 02/15/2003 51,110 ...... Moll Industries, Inc. (Wkrs) ...... Newberg, OR ...... 03/10/2003 03/05/2003 51,111 ...... General Magnetics Technology, Inc. (Wkrs) .. Lake Worth, FL ...... 03/10/2003 02/25/2003 51,112 ...... Osram Sylvania (Comp) ...... Maybrook, NY ...... 03/10/2003 02/21/2003 51,113 ...... Toppan Electronics, Inc. (Comp) ...... San Diego, CA ...... 03/10/2003 02/25/2003 51,114 ...... Celestica (Comp) ...... Fort Collins, CO ...... 03/10/2003 03/07/2003 51,115 ...... MeadWestvaco Corporation (DWU) ...... Luke, MD ...... 03/10/2003 03/07/2003 51,116 ...... Dura Automotive (Wkrs) ...... Livonia, MI ...... 03/10/2003 02/21/2003 51,117 ...... Square D Company (Comp) ...... Asheville, NC ...... 03/10/2003 03/07/2003 51,118 ...... Electrolux Home Products (Comp) ...... Edison, NJ ...... 03/10/2003 03/03/2003 51,119 ...... Worzalla Publishing (Wkrs) ...... Stevens Point, WI ...... 03/10/2003 03/07/2003 51,120 ...... Sun Apparel of Texas (Comp) ...... El Paso, TX ...... 03/11/2003 01/08/2003 51,121 ...... Mirro Corporation (USWA) ...... Manitowoc, WI ...... 03/11/2003 02/07/2003 51,122 ...... Emerson Appliance Controls (Wkrs) ...... Frankfort, IN ...... 03/11/2003 03/05/2003 51,123 ...... Spectra—Star (Wkrs) ...... Yuma, AZ ...... 03/11/2003 03/04/2003 51,124 ...... Pass and Seymour (Comp) ...... Concord, NC ...... 03/11/2003 03/06/2003 51,125 ...... Symantec Corporation (Wkrs) ...... Beaverton, OR ...... 03/11/2003 03/06/2003 51,126 ...... Kelly Industries, Inc. (Wkrs) ...... Eighty Four, PA ...... 03/11/2003 03/05/2003 51,127 ...... Omega Worldwide, Inc. (MI) ...... Ann Arbor, MI ...... 03/11/2003 02/14/2003 51,128 ...... DT Precision Assembly Industries (Wkrs) ...... Erie, PA ...... 03/11/2003 03/10/2003 51,129 ...... Cerf Brothers Bag Company (Comp) ...... Vandalia, MO ...... 03/11/2003 03/10/2003 51,130 ...... Tyler Refrigeration (UAW) ...... Waxahachie, TX ...... 03/11/2003 03/07/2003 51,131 ...... Fishing Vessel (F/V) Raymond Thorson Dillingham, AK ...... 03/11/2003 03/05/2003 (Comp). 51,132 ...... 4–C’s Fisheries (Comp) ...... Kodiak, AK ...... 03/11/2003 03/06/2003 51,133 ...... Relizon (Wkrs) ...... Newark, OH ...... 03/14/2003 03/13/2003 51,134 ...... Vanity Fair (NC) ...... Wilson, NC ...... 03/14/2003 03/13/2003 51,135 ...... Advance USA, LLC (Wkrs) ...... New Stanton, PA ...... 03/14/2003 03/12/2003 51,136 ...... Wing-Lynch, Inc. (OR) ...... Beaverton, OR ...... 03/14/2003 03/12/2003 51,137 ...... Sasol North America (MD) ...... Baltimore, MD ...... 03/14/2003 03/13/2003 51,138 ...... Drexel Heritage, #60 (Wkrs) ...... Morganton, NC ...... 03/14/2003 03/07/2003 51,139 ...... Embraer Aircraft Corporation (Wkrs) ...... Ft. Worth, TX ...... 03/14/2003 03/14/2003 51,140 ...... Verizon (FL) ...... Temple Terrace, FL ...... 03/14/2003 03/03/2003 51,141 ...... Werner Company (USWA) ...... Greenville, PA ...... 03/14/2003 03/12/2003 51,142 ...... Vaisala (Wkrs) ...... Sunnyvale, CA ...... 03/14/2003 12/13/2002 51,143 ...... Tyco Healthcare Retail Group, Inc. (Comp) ... Harmony, PA ...... 03/14/2003 03/13/2003 51,144 ...... IBM (Wkrs) ...... McLeansville, NC ...... 03/14/2003 03/03/2003 51,145 ...... Halliburton Security (USWA) ...... Dallas, TX ...... 03/14/2003 03/11/2003 51,146 ...... Garan, Inc. (Wrks) ...... Church Point, LA ...... 03/14/2003 03/12/2003 51,147 ...... Manitowoc Boom Trucks (Wkrs) ...... York, PA ...... 03/14/2003 03/10/2003 51,148 ...... Torque-Traction Manufacturing (Comp) ...... Syracuse, IN ...... 03/14/2003 03/25/2003 51,149 ...... Applied Industrial Technologies (MN) ...... Cloquet, MN ...... 03/14/2003 03/11/2003 51,150 ...... Logan Stampings, Inc. (Comp) ...... Logans Port, IN ...... 03/14/2003 03/11/2003 51,151 ...... North Star Steel Company (Wkrs) ...... Kingman, AZ ...... 03/14/2003 03/07/2003 51,152 ...... Asco Valve Manufacturing (Wrks) ...... Ft. Mill, SC ...... 03/14/2003 03/01/2003 51,153 ...... Esteves—DWD, LLC (Comp) ...... Danville, KY ...... 03/14/2003 03/10/2003 51,154 ...... Progress Casting Group, Inc. (MN) ...... Albert Lea, MN ...... 03/14/2003 03/07/2003 51,155 ...... Buckbee-Mears (Comp) ...... St. Paul, MN ...... 03/14/2003 03/10/2003

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APPENDIX—Continued [Petitions instituted between 03/10/2003 and 03/14/2003]

Date of Date of TA–W Subject firm (petitioners) Location institution petition

51,156 ...... Pacific Precision Metals (Comp) ...... Laverne, CA ...... 03/14/2003 03/11/2003 51,157 ...... DBM Technologies (MI) ...... Corunna, MI ...... 03/14/2003 03/10/2003 51,158 ...... Stewart Apparel, Inc. (Comp) ...... Greensboro, GA ...... 03/14/2003 03/06/2003 51,159 ...... Zosel Lumber (WA) ...... Oroville, WA ...... 03/14/2003 03/11/2003 51,160 ...... Parkson Corporatioln (FL) ...... Pompano, FL ...... 03/14/2003 03/11/2003 51,161 ...... Allura Corporation (UNITE) ...... Lorane-Reading, PA ...... 03/14/2003 03/04/2003 51,162 ...... F/V/ J.C. (Comp) ...... Aleknagik, AK ...... 03/14/2003 03/11/2003 51,163 ...... F/V Yo Yo (Comp) ...... Aleknagik, AK ...... 03/14/2003 03/11/2003 51,164 ...... Melody Lynn (Comp) ...... Aleknagik, AK ...... 03/14/2003 03/11/2003 51,165 ...... F/V Jenni Lee (Comp) ...... Aleknagik, AK ...... 03/14/2003 03/11/2003 51,166 ...... F/V Double Eagle (Comp) ...... Dillingham, AK ...... 03/14/2003 03/11/2003 51,167 ...... Robert Allen (Comp) ...... Kokiak, AK ...... 03/14/2003 03/08/2003 51,168 ...... F/V Vaness (Comp) ...... Kodiak, AK ...... 03/14/2003 03/10/2003 51,169 ...... Kathleen Lange (Comp) ...... Homer, AK ...... 03/14/2003 03/13/2003

[FR Doc. 03–7890 Filed 4–1–03; 8:45 am] The petitioners allege that criterion imports of greeting card sheets in BILLING CODE 4510–30–M (3) was acknowledged as having been context with the total plant production, met by the Department, as established imports constitute a negligible by a determination in connection with percentage. In regard to any future DEPARTMENT OF LABOR TA–W–41,255 regarding subject firm outsourcing referenced by the workers. To provide proof of this, they petitioners, any future imports are Employment and Training attach an untitled page of this beyond the relevant period. Administration determination. The petitioners also assert that sales [TA–W–41,972] In fact, this page was extracted from and production have ‘‘declined in the a determination which was issued as a last eight years’’ and that ‘‘we have been American Greetings Corporation, ‘‘Notice of Negative Determination told the record shows that imported Corbin, KY; Notice of Negative Regarding Application for goods * * * hurt the company sales.’’ Determination Regarding Application Reconsideration’’, issued as the result of At one point, they allege that layoffs for Reconsideration an investigation that followed the have been occurring for the last three original ‘‘Negative Determination years, and recommend that the By application of November 25, 2001, Regarding Eligibility To Apply for petitioners requested administrative Department look at the last five years in Worker Adjustment Assistance.’’ assessing company trends. reconsideration of the Department’s However, in this determination, the negative determination regarding word ‘‘not’’ was inadvertently omitted In establishing worker eligibility for eligibility to apply for Trade Adjustment in the statement ‘‘increased imports did trade adjustment assistance, the Assistance (TAA), applicable to workers contribute importantly to worker Department considers declines that and former workers of the subject firm. separations.’’ A corrected republication occurred in the year preceding the date The denial notice was signed on in full explaining the inadvertent of the petition. To establish whether the October 10, 2001, and published in the omission was issued and published in declines exist, the investigation requires Federal Register on November 5, 2001 the Federal Register on July 24, 2002 the most recent two years of data for (67 FR 67422). (67 FR 48484). corresponding periods in order to Pursuant to 29 CFR 90.18(c) The petitioners allege that ‘‘we have ascertain whether declines have reconsideration may be granted under been told from various sources of occurred in the most recent period the following circumstances: management that approximately nine relative to the previous period. Thus (1) If it appears on the basis of facts percent of the work done at the Corbin periods of five and eight years are not not previously considered that the plant has been outsourced to other relevant. Further, a review of the initial determination complained of was countries.’’ They also claim that investigation revealed that all sales and erroneous; ‘‘American Greetings plans to outsource production declines of party goods, gift (2) If it appears that the determination 75 percent of the work previously done wrap and bows (ribbons) and candles complained of was based on a mistake at the Corbin plant to foreign countries that occurred in the relevant period are in the determination of facts not within the next two years. attributable to domestic transfer. previously considered; or A review of the initial investigation Production of greeting card sheets (3) If in the opinion of the Certifying revealed that somewhat less than nine increased in 2001 relative to 2000, but Officer, a mis-interpretation of facts or percent of greeting card sheet began to decline in January through of the law justified reconsideration of production has been outsourced to March, 2002 relative to the the decision. offshore facilities. However, as subject corresponding period of 2001. As The petition for the workers of firm workers are not separately mentioned above, imports of greeting American Greetings Corporation, identifiable, the production of party card sheets were negligible relative to Corbin, Kentucky was denied because goods, gift wrap and bows (ribbons), and overall production. the ‘‘contributed importantly’’ group candles must also be taken into The petitioners also assert that laid-off eligibility requirement of section 222(3) consideration when looking at the company personnel are united in the of the Trade Act of 1974, as amended, percentage of plant production affected belief that import impact affected was not met. by this outsourcing. When considering layoffs, and state that ‘‘the records and

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data have proved’’ that imports DEPARTMENT OF LABOR instituted investigations pursuant to contributed importantly. section 221(a) of the Act. No ‘‘records and data’’ were made Employment and Training The purpose of each of the available in regard to this request for Administration investigations is to determine whether reconsideration. In regard to [TA–W–50,960, TA–W–50,960A, and TA–W– the workers are eligible to apply for attachments to the petition and request 50,960B] for reconsideration provided in a adjustment assistance under Title II, previous investigation for this worker American Identity, Formerly Doing Chapter 2, of the Act. The investigations group (TA–W–41,255) regarding Business as Dunbrooke Industries, will further relate, as appropriate, to the competitive company imports (a Inc. Marcus, IA, Hawarden IA, Orange determination of the date on which total company email discussing offshore City, IA; Notice of Termination of or partial separations began or shipments, labels indicating import Investigation threatened to begin and the subdivision shipments), the Department contacted of the firm involved. Pursuant to section 221 of the Trade the company, which provided specific The petitioners of any other person information as to whether competitive Act of 1974, as amended, an investigation was initiated on February showing a substantial interest in the imports had occurred, where production subject matter of the investigations may had been shifted, and specific 24, 2003, in response to a worker petition filed by a company official on request a public hearing, provided such percentages of import volume versus request is filed in writing with the total plant production. In all cases behalf of workers at American Identity, Director, Division of Trade Adjustment where competitive imports occurred, formerly doing business as Dunbrooke Assistance, at the address shown below, the volume of imports was deemed Industries, Inc., Marcus, Iowa, negligible. It was on the basis of this Hawarden, Iowa, and Orange City, Iowa. not later than April 14, 2003. specific information that the The petitioning group of workers is Interested persons are invited to determination was made. covered by an active certification issued submit written comments regarding the Finally, the petitioners enumerate the on May 3, 2001 (TA–W–38,985). subject matter of the investigations to three criteria for eligibility and assert Consequently, the investigation has the Director, Division of Trade been terminated. that they meet all three criteria. Adjustment Assistance, at the address As noted above, an investigation of Signed at Washington, DC, this 11th day of shown below, not later than April 14, the information available reveals that March 2003. 2003. subject firm workers of American Richard Church, The petitions filed in this case are Greetings Corporation, Corbin, Certifying Officer, Division of Trade Kentucky do not meet the ‘‘contributed Adjustment Assistance. available for inspection at the Office of importantly’’ group eligibility [FR Doc. 03–7914 Filed 4–1–03; 8:45 am] the Director, Division of Trade Adjustment Assistance, Employment requirement of Section 222(3) of the BILLING CODE 4510–30–P Trade Act of 1974, as amended. and Training Administration, U.S. Department of Labor, Room C–5311 , Conclusion DEPARTMENT OF LABOR 200 Constitution Avenue, NW., After review of the application and Washington, DC 20210. investigative findings, I conclude that Employment and Training there has been no error or Administration Signed at Washington, DC this 14th day of misinterpretation of the law or of the March 2003. facts which would justify Investigations Regarding Certifications Edward A. Tomchick, reconsideration of the Department of of Eligibility To Apply for Worker Director, Division of Trade Adjustment Labor’s prior decision. Accordingly, the Adjustment Assistance Assistance. application is denied. Petitions have been filed with the Signed in Washington, DC, this 7th day of Secretary of Labor under section 221(a) March, 2003. of the Trade Act of 1974 (‘‘the Act’’) and Edward A. Tomchick, are identified in the Appendix to this Director, Division of Trade Adjustment notice. upon receipt of these petitions, Assistance. the Director of the Division of Trade [FR Doc. 03–7917 Filed 4–1–03; 8:45 am] Adjustment Assistance, Employment BILLING CODE 4510–30–P and Training Administration, has

APPENDIX [Petitions instituted between 03/03/2003 and 03/07/2003]

Date of Date of TA–W Subject firm (petitioners) Location institution petition

51,026 ...... American Tool Companies, Inc. (Comp) ...... Cumberland, WI ...... 03/03/2003 02/25/2003 51,027 ...... Crescent Lighting (NJ) ...... Bannington, NJ ...... 03/03/2003 02/28/2003 51,028 ...... Pliant Corporation (CA) ...... Merced, CA ...... 03/03/2003 01/06/2003 51,029 ...... Vinonics, Inc. (Wkrs) ...... Fort Worth, TX ...... 03/03/2003 02/27/2003 51,030 ...... ESCO Corporation (Comp) ...... Danville, IL ...... 03/03/2003 02/24/2003 51,031 ...... National Presto Industries, Inc. (Comp) ...... Eau Claire, WI ...... 03/03/2003 02/24/2003 51,032 ...... Wheeling-Pittsburgh Steel Corp. (Comp) ...... Allenport, PA ...... 03/03/2003 02/14/2003 51,033 ...... F/V R.D. and J (Comp) ...... Pilot Point, AK ...... 03/03/2003 02/27/2003 51,034 ...... F/V Tianna Sea (Comp) ...... Port Heiden, AK ...... 03/03/2003 02/27/2003 51,035 ...... F/V Michelle Dawn (Comp) ...... Pilot Point, AK ...... 03/03/2003 02/27/2003 51,036 ...... F/V White Eagle (Comp) ...... Pilot Point, AK ...... 03/03/2003 02/27/2003

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APPENDIX—Continued [Petitions instituted between 03/03/2003 and 03/07/2003]

Date of Date of TA–W Subject firm (petitioners) Location institution petition

51,037 ...... Jabil Global Services (Comp) ...... Tampa, FL ...... 03/04/2003 02/27/2003 51,038 ...... Tubertronics (KS) ...... Wichita, KS ...... 03/04/2003 03/03/2003 51,039 ...... Calvin Klein, Ltd. (UNITE) ...... New York, NY ...... 03/04/2003 03/03/2003 51,040 ...... Emcee Broadcast Products (Wkrs) ...... White Haven, PA ...... 03/04/2003 03/03/2003 51,041 ...... Yoshida Group (Wkrs) ...... Portland, OR ...... 03/04/2003 03/07/2003 51,042 ...... Micron Technologies, Inc. (Wkrs) ...... Boise, ID ...... 03/04/2003 02/21/2003 51,043 ...... Mount Vernon (CA) ...... Fresno, CA ...... 03/04/2003 02/28/2003 51,044 ...... Greenlee (Wkrs) ...... Fairmont, MN ...... 03/04/2003 03/03/2003 51,045 ...... Precision Cast Parts (Wkrs) ...... Portland, OR ...... 03/04/2003 02/12/2003 51,046 ...... Western Geco (Wkrs) ...... Denver, CO ...... 03/04/2003 02/23/2003 51,047 ...... Search Resources (MN) ...... Grand Rapids, MN ...... 03/04/2003 03/03/2003 51,048 ...... Kayser-Roth Corporation (Comp) ...... Creedmoor, NC ...... 03/04/2003 02/27/2003 51,049 ...... Raytheon Aircraft Co. (KS) ...... Wichita, KS ...... 03/04/2003 03/03/2003 51,050 ...... JJA, Inc. (NH) ...... Hampstead, NH ...... 03/04/2003 03/03/2003 51,051 ...... Carbone Kirkwood LLC (Comp) ...... Cleveland, OH ...... 03/04/2003 03/03/2003 51,052 ...... Leggett and Platt, Inc. (Comp) ...... Fremont, IN ...... 03/04/2003 02/28/2003 51,053 ...... Eastman Kodak (Wkrs) ...... Oakdale, MN ...... 03/04/2003 02/28/2003 51,054 ...... Sonic Blue (Wkrs) ...... Santa Clara, CA ...... 03/04/2003 02/17/2003 51,055 ...... F/V Miss Adube (Comp) ...... Manokotak, AK ...... 03/04/2003 03/03/2003 51,056 ...... F/V Mariam (Comp) ...... Dillingham, AK ...... 03/04/2003 03/03/2003 51,057 ...... Fishing Vessel (F/V) Bucko (Comp) ...... Dillingham, AK ...... 03/04/2003 03/03/2003 51,058 ...... F/V Kasandra Faye (Comp) ...... Aleknagik, AK ...... 03/04/2003 03/03/2003 51,059 ...... F/V Kathy Ann (Comp) ...... Dillingham, AK ...... 03/04/2003 03/03/2003 51,060 ...... F/V Jeweline M (Comp) ...... Manokotak, AK ...... 03/04/2003 03/03/2003 51,061 ...... Fishing Vessel (F/V) Pauline Marie (Comp) ... Manakotak, AK ...... 03/04/2003 03/03/2003 51,062 ...... Ethan Allen, Inc. (Comp) ...... Dudley, MA ...... 03/05/2003 02/25/2003 51,063 ...... Ingersoll—Rand (CO) ...... Colorado Spring, CO ...... 03/05/2003 02/10/2003 51,064 ...... Dynamet, Inc. (Wkrs) ...... Washington, PA ...... 03/05/2003 01/17/2003 51,065 ...... GE Interlogix (Comp) ...... N. St. Paul, MN ...... 03/05/2003 03/04/2003 51,066 ...... KOMAG, Inc. (CA) ...... Santa Rosa, CA ...... 03/05/2003 01/14/2003 51,067 ...... TRW Automotive (Comp) ...... Greenville, NC ...... 03/05/2003 03/04/2003 51,068 ...... JJM, Ltd. (Comp) ...... Corvallis, OR ...... 03/05/2003 03/03/2003 51,069 ...... Mickon Technology Inc. (Wkrs) ...... Lehi, UT ...... 03/05/2003 03/03/2003 51,070 ...... New World Pasta (Comp) ...... Lousiville, KY ...... 03/05/2003 02/27/2003 51,071 ...... Nova Chemicals, Inc. (Wkrs) ...... Moon Township, PA ...... 03/05/2003 03/05/2003 51,072 ...... Set Net (Comp) ...... Dillingham, AK ...... 03/05/2003 03/04/2003 51,073 ...... 3M—HIS (Wkrs) ...... Wellingford, CT ...... 03/06/2003 02/26/2003 51,074 ...... Elliott Turbomachinery Co., Inc. (Comp) ...... Jeannette, PA ...... 03/06/2003 02/21/2003 51,075 ...... Philips Semiconductor (Comp) ...... San Antonio, TX ...... 03/06/2003 03/03/2003 51,076 ...... Key Plastics (Wkrs) ...... Chesterfield, MI ...... 03/06/2003 02/24/2003 51,077 ...... Advanced Technology Services, Inc. (Comp) Mt. Clemens, MI ...... 03/06/2003 02/28/2003 51,078 ...... Adecco Staffing Services (MN) ...... Rochester, MN ...... 03/06/2003 03/05/2003 51,079 ...... Atlantic Precision Products (Wkrs) ...... Sanford, ME ...... 03/06/2003 02/28/2003 51,080 ...... H and L Tool Co. (Comp) ...... Erie, PA ...... 03/06/2003 03/05/2003 51,081 ...... Plexus Corporation (Comp) ...... Bothell, WA ...... 03/06/2003 02/24/2003 51,082 ...... Center Partners (Wkrs) ...... Yukon, OK ...... 03/06/2003 03/03/2003 51,083 ...... Fernbrook & Company (UNITE) ...... Palmerton, PA ...... 03/06/2003 03/06/2003 51,084 ...... Gilinsky Logging, Inc. (Comp) ...... Rogue River, OR ...... 03/06/2003 03/01/2003 51,085 ...... Fluor Daniel (Wkrs) ...... Rochester, MN ...... 03/06/2003 01/03/2003 51,086 ...... F/V Golda June (Comp) ...... Dillingham, AK ...... 03/06/2003 03/05/2003 51,087 ...... Wacker (OR) ...... Portland, OR ...... 03/07/2003 03/06/2003 51,088 ...... Farley Sathers Confections (Wkrs) ...... Brooklyn, NY ...... 03/07/2003 02/26/2003 51,089 ...... Fairweather E and P (Wkrs) ...... Anchorage, AK ...... 03/07/2003 02/04/2003 51,090 ...... Liberty West (OR) ...... Wilsonville, OR ...... 03/07/2003 01/10/2003 51,091 ...... Ingersoll Products Company (Comp) ...... Chicago, IL ...... 03/07/2003 02/27/2003 51,092 ...... Adecco, N. American, LLC (Wkrs) ...... Ft. Worth, TX ...... 03/07/2003 02/20/2003 51,093 ...... Mitten Manufacturing (Comp) ...... Syracuse, NY ...... 03/07/2003 02/27/2003 51,094 ...... Quebecor World Kingsport, Inc. (USWA) ...... Franlkin, TN ...... 03/07/2003 02/28/2003 51,095 ...... HMX Tailored (UNITE) ...... Buffalo, NY ...... 03/07/2003 02/21/2003 51,096 ...... DCB Corporation (Comp) ...... Madisonville, TN ...... 03/07/2003 02/26/2003 51,097 ...... Webb Triax Company (The) (IBT) ...... Chardon, OH ...... 03/07/2003 02/20/2003 51,098 ...... Colonial Tanning Corporation (UNITE) ...... Gloversville, NY ...... 03/07/2003 02/25/2003

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[FR Doc. 03–7891 Filed 4–1–03; 8:45 am] DEPARTMENT OF LABOR DEPARTMENT OF LABOR BILLING CODE 4510–30–M Employment and Training Employment and Training Administration Administration DEPARTMENT OF LABOR

Employment and Training [TA–W–50,949] [TA–W–50,695] Administration Caterpillar, Inc., Leland Transmission Fishing Vessel (F/V) Miss Maddison, [TA–W–51,018] Facility, Leland, NC; Notice of Mercer Island, WA; Notice of Termination of Investigation Termination of Investigation Ametek Dixson Division, Grand Junction, CO; Notice of Termination of Pursuant to Section 221 of the Trade Pursuant to Section 221 of the Trade Investigation Act of 1974, as amended, an Act of 1974, as amended, an Pursuant to section 221 of the Trade investigation was initiated on February investigation was initiated on January Act of 1974, an investigation was 24, 2003, in response to a worker 28, 2003 in response to a petition filed initiated on February 28, 2003 in petition filed by a company official on by a company official on behalf of response to a worker petition which was behalf of workers at Caterpillar, Inc., Fishing Vessel (F/V) Miss Maddison, filed by a company official on behalf of Leland Transmission Facility, Leland, Mercer Island, Washington. workers at Ametek Dixson Division, North Carolina. The petitioner has requested that the Grand Junction, Colorado. The petitioner has requested that the petition be withdrawn. Consequently, The petitioner has requested that the petition be withdrawn. Consequently, further investigation would serve no petition be withdrawn. Consequently, the investigation has been terminated. purpose and the investigation has been further investigation in this case would terminated. serve no purpose, and the investigation Signed at Washington, DC, this 10th day of March 2003. has been terminated. Signed at Washington, DC this 19th day of Richard Church, March, 2003. Signed in Washington, DC, this 13th day of Linda G. Poole, March, 2003. Certifying Officer, Division of Trade Adjustment Assistance. Certifying Officer, Division of Trade Linda G. Poole, [FR Doc. 03–7912 Filed 4–1–03; 8:45 am] Adjustment Assistance. Certifying Officer, Division of Trade [FR Doc. 03–7903 Filed 4–1–03; 8:45 am] Adjustment Assistance. BILLING CODE 4510–30–U [FR Doc. 03–7911 Filed 4–1–03; 8:45 am] BILLING CODE 4510–30–U BILLING CODE 4510–30–U DEPARTMENT OF LABOR DEPARTMENT OF LABOR Employment and Training DEPARTMENT OF LABOR Administration Employment and Training Employment and Training Administration Administration [TA–W–51,181] [TA–W–50,951] [TA–W–50,814] Elliott Ebara Group, Jeanette, PA; Caterpillar Paving Products, Inc., A Notice of Termination of Investigation General Electric, Jonesboro, AR; Subsidiary of Caterpillar of America Notice of Termination of Investigation Brooklyn Park, MI; Notice of Pursuant to section 221 of the Trade Termination of Investigation Act of 1974, as amended, an Pursuant to section 221 of the Trade investigation was initiated on March 17, Act of 1974, as amended, an Pursuant to section 221 of the Trade 2003, in response to a worker petition investigation was initiated on February Act of 1974, as amended, an filed on behalf of workers at Elliott 24, 2003 in response to a petition filed investigation was initiated on February Ebara Group, Jeanette, Pennsylvania. by the International Union of Electronic, 6, 2003 in response to a petition filed on The petitioning group of workers is Electrical, Salaried, Machine and behalf of workers at Caterpillar Paving covered by an earlier petition filed on Furniture Workers—Communication Products, Inc., a subsidiary of March 6, 2003 (TA–W–51,074) that is Workers of America, AFL–CIO, Local Caterpillar of America, Brooklyn Park, the subject of an ongoing investigation 747 on behalf of workers at General Minnesota. for which a determination has not yet Electric, Jonesboro, Arkansas. The petitioning workers have been issued. Further investigation in The petitioner has requested that the requested that the petition be this case would duplicate efforts and petition be withdrawn. Consequently, withdrawn. Consequently, further serve no purpose; therefore the further investigation would serve no investigation would serve no purpose, and the investigation has been investigation under this petition has purpose and the investigation has been terminated. been terminated. terminated. Signed at Washington, DC, this 18th day of Signed at Washington, DC, this 17th day of Signed at Washington, DC, this 18th day of March, 2003. March 2003. March, 2003. Linda G. Poole, Elliott S. Kushner, Linda G. Poole, Certifying Officer, Division of Trade Certifying Officer, Division of Trade Certifying Officer, Division of Trade Adjustment Assistance. Adjustment Assistance. Adjustment Assistance. [FR Doc. 03–7906 Filed 4–1–03; 8:45 am] [FR Doc. 03–7900 Filed 4–1–03; 8:45 am] [FR Doc. 03–7907 Filed 4–1–03; 8:45 am] BILLING CODE 4510–30–U BILLING CODE 4510–30–P BILLING CODE 4510–30–U

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DEPARTMENT OF LABOR DEPARTMENT OF LABOR DEPARTMENT OF LABOR

Employment and Training Employment and Training Employment and Training Administration Administration Administration [TA–W–50,765] [TA–W–50,947] [TA–W–50,967] Irving Forest Products, Pinkham Kuhn Tool and Die Company, Hampton Distribution Companies Sawmill, Ashland, ME; Notice of Meadville, PA; Notice of Termination of (HDC), Formerly CMI Northwest, A Termination of Investigation Investigation Division of Hampton Affiliates, Portland, OR; Notice of Termination of Pursuant to section 221 of the Trade Pursuant to section 221 of the Trade Investigation Act of 1974, as amended, an Act of 1974, as amended, an investigation was initiated on January investigation was initiated on February Pursuant to section 221 of the Trade 31, 2003 in response to a union petition 24, 2003, in response to a worker Act of 1974, as amended, an filed by Paper, Allied-Industrial, petition filed by a company official on investigation was initiated on February Chemical and Energy Workers behalf of workers at Kuhn Tool and Die 25, 2003 in response to a worker International Union (PACE), AFL–CIO, Company, Meadville, Pennsylvania. petition filed by a company official on Local 1–1310 on behalf of workers at The petitioner has requested that the behalf of workers at Hampton Irving Forest Products, Pinkham petition be withdrawn. Consequently, Distribution Companies (HDC), formerly Sawmill, Ashland, Maine. the investigation has been terminated. CMI Northwest, a division of Hampton The petitioner has requested that the petition be withdrawn. Consequently, Signed at Washington, DC, this 17th day of Affiliates, Portland, Oregon. March 2003. further investigation would serve no The petitioner has requested that the purpose, and the investigation has been Richard Church, petition be withdrawn. Consequently, terminated. Certifying Officer, Division of Trade further investigation would serve no Adjustment Assistance. purpose and the investigation has been Signed at Washington, DC, this 13th day of [FR Doc. 03–7909 Filed 4–1–03; 8:45 am] March, 2003. terminated. BILLING CODE 4510–30–U Linda G. Poole, Signed in Washington, DC, this 18th day of Certifying Officer, Division of Trade March, 2003. Adjustment Assistance. DEPARTMENT OF LABOR Linda G. Poole, [FR Doc. 03–7913 Filed 4–1–03; 8:45 am] Certifying Officer, Division of Trade BILLING CODE 4510–30–P Employment and Training Adjustment Assistance. Administration [FR Doc. 03–7901 Filed 4–1–03; 8:45 am] [TA–W–50,536] BILLING CODE 4510–30–P DEPARTMENT OF LABOR Employment and Training Lacers Sport, Inc., a/k/a Diport USA, Including Leased Workers of ADP DEPARTMENT OF LABOR Administration Totalsource Florida XVII, Inc., Miami, [TA–W–51,068] Employment and Training FL; Amended Certification Regarding Eligibility To Apply for Worker Administration JJM, Ltd., Mega Tech of Oregon Adjustment Assistance Division, Corvallis, OR; Notice of [TA–W–51,014] Termination of Investigation In accordance with section 223 of the Trade Act of 1974 (19 U.S.C. 2273) the Pursuant to section 221 of the Trade Ingersoll-Rand Company, U.S. Department Labor issued a Act of 1974, as amended, an Campbellsville, KY; Notice of Certification of Eligibility to Apply for investigation was initiated on March 5, Termination of Investigation Worker Adjustment Assistance on 2003, in response to a worker petition January 29, 2003, applicable to workers filed by a company official on behalf of Pursuant to section 221 of the Trade of Lacers Sport, Inc., a/k/a Diport USA, workers at JJM, Ltd., Mega Tech of Act of 1974, as amended, an Miami, Florida. The notice was Oregon Division, Corvallis, Oregon. investigation was initiated on February published in the Federal Register on The petitioning group of workers is 27, 2003 in response to a worker February 24, 2002 (68 FR 8620). covered by an earlier petition filed on petition filed by a company official on At the request of the State agency, the February 13, 2003 (TA–W–50,889) that behalf of workers at Ingersoll-Rand Department reviewed the certification is the subject of an ongoing Company, Campbellsville, Kentucky. for workers of the subject firm. investigation for which a determination Information provided by the State The petitioner has requested that the has not yet been issued. Further shows that leased workers of ADP petition be withdrawn. Consequently, investigation in this case would Totalsource Florida XVII, Inc. were further investigation would serve no duplicate efforts and serve no purpose; employed at Lacers Sports, Inc., a/k/a purpose and the investigation has been therefore the investigation under this Diport, USA to produce men’s golf terminated. petition has been terminated. shirts at the Miami, Florida location of Signed at Washington, DC this 18th day of Signed at Washington, DC, this 20th day of the subject firm. March, 2003. March, 2003. Based on these findings, the Linda G. Poole, Richard Church, Department is amending the Certifying Officer, Division of Trade Certifying Officer, Division of Trade certification to include leased workers Adjustment Assistance. Adjustment Assistance. of ADP Totalsource Florida XVII, Inc. [FR Doc. 03–7895 Filed 4–1–03; 8:45 am] [FR Doc. 03–7897 Filed 4–1–03; 8:45 am] who were employed at Lacers Sport, BILLING CODE 4510–30–P BILLING CODE 4510–30–P Inc., a/k/a Diport USA, Miami, Florida.

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The intent of the Department’s DEPARTMENT OF LABOR DEPARTMENT OF LABOR certification is to include all workers of Lacers Sport, Inc., a/k/a Diport USA Employment and Training Employment and Training who were adversely affected by Administration Administration increased imports of men’s golf shirts. The amended notice applicable to [TA–W–50,990] [TA–W–51,019] TA–W–50,536 is hereby issued as follows: Material Handling Associates, Greene, National Controls Corporation, A NY; Notice of Termination of Division of Ametek Dixson Division, All workers of Lacers Sports, Inc., a/k/a Investigation West Chicago, IL; Notice of Diport USA, Miami, Florida including leased Termination of Investigation workers of ADP Totalsource Florida XVII, Pursuant to section 221 of the Trade Inc. engaged in employment related to the Act of 1974, as amended, an Pursuant to section 221 of the Trade production of men’s golf shirts at Lacers investigation was initiated on February Act of 1974, an investigation was Sport, Inc., a/k/a Diport USA, Miami, 26, 2003 in response to a petition filed initiated on February 28, 2003 in Florida, who became totally or partially on behalf of workers at Material response to a worker petition which was separated from employment on or after Handling Associates, Greene, New York. filed by a company official on behalf of December 31, 2001, through January 29, workers at National Controls 2005, are eligible to apply for adjustment The petitioner has requested that the Corporation, a division of Amatec assistance under Section 223 of the Trade Act petition be withdrawn. Consequently, of 1974. further investigation would serve no Dixson Division, West Chicago, Illinois Signed at Washington DC, this 17th day of purpose and the investigation has been The petitioner has requested that the March 2003. terminated. petition be withdrawn. Consequently, further investigation in this case would Elliott S. Kushner, Signed at Washington, DC, this 18th day of March, 2003. serve no purpose, and the investigation Certifying Officer, Division of Trade has been terminated. Adjustment Assistance. Linda G. Poole, [FR Doc. 03–7916 Filed 4–1–03; 8:45 am] Certifying Officer, Division of Trade Signed in Washington, DC, this 18th day of March 2003. BILLING CODE 4510–30–P Adjustment Assistance. [FR Doc. 03–7894 Filed 4–1–03; 8:45 am] Linda G. Poole, BILLING CODE 4510–30–P Certifying Officer, Division of Trade DEPARTMENT OF LABOR Adjustment Assistance. [FR Doc. 03–7896 Filed 4–1–03; 8:45 am] Employment and Training DEPARTMENT OF LABOR BILLING CODE 4510–30–P Administration Employment and Training [TA–W–50,892] Administration DEPARTMENT OF LABOR

Mastercraft Fabrics, LLC, Morgantown, [TA–W–51,093] Employment and Training North Carolina; Notice of Termination Administration of Investigation Mitten Manufacturing, Syracuse, NY; Notice of Termination of Investigation [TA–W–50,853] Pursuant to section 221 of the Trade Act of 1974, as amended, an Pursuant to section 221 of the Trade O.K. Industries Incorporated, Fort investigation was initiated on February Act of 1974, an investigation was Smith, AR; Notice of Termination of 13, 2003 in response to a worker initiated on March 7, 2003 in response Investigation petition filed by a company official on to a worker petition which was filed by behalf of workers at Mastercraft Fabrics, a company official on behalf of workers Pursuant to section 221 of the Trade LLC, Morgantown, North Carolina. at Mitten Manufacturing, Syracuse, New Act of 1974, as amended, an The petitioners have requested that York. investigation was initiated on February the petition be withdrawn. The petitioner has requested that the 11, 2003 in response to a worker Consequently, the investigation has petition be withdrawn. Consequently, petition filed by a state dislocated been terminated. further investigation in this case would worker unit on behalf of workers at O.K. Industries, Inc., Ft. Smith, Arkansas. Signed at Washington, DC, this 10th day of serve no purpose, and the investigation March 2003. has been terminated. The petitioners have requested that the petition be withdrawn. Richard Church, Signed in Washington, DC, this 18th day of March 2003. Consequently, the investigation has Certifying Officer, Division of Trade been terminated. Adjustment Assistance. Linda G. Poole, [FR Doc. 03–7910 Filed 4–1–03; 8:45 am] Certifying Officer, Division of Trade Signed at Washington, DC, this 17th day of March 2003. BILLING CODE 4510–30–U Adjustment Assistance. [FR Doc. 03–7898 Filed 4–1–03; 8:45 am] Linda G. Poole, BILLING CODE 4510–30–P Certifying Officer, Division of Trade Adjustment Assistance. [FR Doc. 03–7908 Filed 4–1–03; 8:45 am] BILLING CODE 4510–30–U

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DEPARTMENT OF LABOR Signed in Washington, DC, this 13th day of DEPARTMENT OF LABOR March, 2003. Employment and Training Linda G. Poole, Employment and Training Administration Certifying Officer, Division of Trade Administration Adjustment Assistance. Workforce Investment Act, 1998 [TA–W–50,763] [FR Doc. 03–7915 Filed 4–1–03; 8:45 am] BILLING CODE 4510–30–P AGENCY: Employment and Training Pfizer, Inc., Groton Manufacturing Administration. Plant, Groton, CT; Notice of DEPARTMENT OF LABOR ACTION: Notice on reallotment of Termination of Investigation Workforce Investment Act (WIA) Title I Employment and Training formula allotted funds for dislocated Pursuant to section 221 of the Trade Administration worker activities for program year (PY) Act of 1974, as amended, an 2002. investigation was initiated on January 31, 2003, in response to a worker [TA–W–51,117] SUMMARY: Pub. L. 105–220, the petition filed the State of Connecticut Square D Company, Asheville, NC; Workforce Investment Act (WIA), on behalf of workers at Pfizer, Inc., Notice of Termination of Investigation requires the Secretary to conduct Groton Manufacturing Plant, Groton, reallotment of dislocated worker Connecticut Pursuant to section 221 of the Trade formula allotted funds based on state All workers were separated from the Act of 1974, an investigation was financial reports submitted as of the end of the prior program year. This notice subject firm more than one year before initiated on March 10, 2003 in response publishes the dislocated worker PY the date of the petition. Section 223(b) to a worker petition which was filed by 2002 funds for recapture by state and of the Act specifies that no certification a company official on behalf of workers at Square D Company, Asheville, North the amount to be reallotted to eligible may apply to any worker whose last states. separation occurred more than one year Carolina. before the date of the petition. The petitioner has requested that the EFFECTIVE DATE: This notice is effective Consequently, further investigation in petition be withdrawn. Consequently, April 2, 2003. this case would serve no purpose, and further investigation in this case would FOR FURTHER INFORMATION CONTACT: Ms. serve no purpose, and the investigation the investigation has been terminated. Grace Kilbane, Administrator, U.S. has been terminated. Department of Labor, Office of Signed in Washington, DC, this 21st day of Signed in Washington, DC, this 18th day of Workforce Investment, Employment and March 2003. March 2003. Training Administration, Room S–4231, Richard Church, Linda G. Poole, 200 Constitution Avenue, NW., Certifying Officer, Division of Trade Certifying Officer, Division of Trade Washington, DC. Telephone (202) 693– Adjustment Assistance. Adjustment Assistance. 3200; Fax (202) 693–3229. [FR Doc. 03–7920 Filed 4–1–03; 8:45 am] [FR Doc. 03–7899 Filed 4–1–03; 8:45 am] SUPPLEMENTARY INFORMATION: WIA BILLING CODE 4510–30–P BILLING CODE 4510–30–P section 132(c) requires the Secretary to reallot excess unobligated dislocated worker funds based on financial reports DEPARTMENT OF LABOR DEPARTMENT OF LABOR submitted by states as of the end of the prior program year. The procedures the Employment and Training Employment and Training Secretary uses for recapture and Administration Administration reallotment of funds are described in WIA regulation at 20 CFR 667.150. [TA–W–50,929] [TA–W–50,552] Training and Employment Guidance Letter (TEGL) 13–01, dated March 15, S.D. Warren Co., d/b/a Sappi Fine TMD Friction, Inc., Dublin, VA; Notice 2002, advised states that reallotment of Paper North America, Somerset of Termination of Investigation funds under WIA will occur during PY Operations, Skowhegan, ME; Notice of Pursuant to Section 221 of the Trade 2002 based on state obligations made in Termination of Investigation Act of 1974, as amended, an PY 2001. There were no recapture and investigation was initiated on January reallotment of WIA funds in PY 2001. Pursuant to section 221 of the Trade 14, 2003 in response to a petition filed Excess unobligated state funds in the Act of 1974, as amended, an on behalf of workers at TMD Friction, amount of $2,867,639 will be recaptured investigation was initiated on February Inc., Dublin, Virginia. from PY 2002 formula allotted funds for 19, 2003 in response to a petition filed the dislocated worker program from four The workers have requested that the by a company official on behalf of states and distributed by formula to PY petition be withdrawn. Consequently, workers at S.D. Warren Company, d/b/ 2002 dislocated worker funds for further investigation would serve no eligible states. The methodology used a Sappi Fine Paper North America, purpose and the investigation has been for the recapture/reallotment and the Somerset Operations, Skowhegan, terminated. Maine. Workers at the subject firm distribution of the changes to PY 2002 produce lightweight coated paper. Signed at Washington, DC, this 17th day of formula allotments for dislocated March 2003. worker activities are attached. We will The petitioner has requested that the Linda G. Poole, not recapture any PY 2002 funds for petition be withdrawn. Consequently, Certifying Officer, Division of Trade Adult and Youth programs because in further investigation would serve no Adjustment Assistance. no case do unobligated funds exceed the purpose, and the investigation has been [FR Doc. 03–7902 Filed 4–1–03; 8:45 am] statutory requirement of 20 percent of terminated. BILLING CODE 4510–30–P state unobligated funds.

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WIA section 132(c) requires the event that the state is required to make Signed at Washington, DC, this 6th day of Governor to prescribe equitable funds available for reallotment. February, 2003. procedures for making funds available Grace Kilbane, from the state and local areas in the Administrator, Office of Workforce Investment.

BILLING CODE 4510–30–M

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[FR Doc. 03–7889 Filed 4–1–03; 8:45 am] 4. Who is required or asked to report: Dated at Rockville, Maryland, this 25th day BILLING CODE 4510–30–C Any person in the U.S. who wishes to of March, 2003. export: (a) Nuclear equipment and For the Nuclear Regulatory Commission. material subject to the requirements of Brenda Jo. Shelton, DEPARTMENT OF LABOR a specific license, (b) radioactive waste NRC Clearance Officer, Office of the Chief subject to the requirements of a specific Information Officer. Employment and Training license, and (c) incidental radioactive [FR Doc. 03–7923 Filed 4–1–03; 8:45 am] Administration material that is a contaminant of BILLING CODE 7590–01–P [NAFTA–6244] shipments of more than 100 kilograms of non-waste material using existing Specialty Machine Company, Inc., NRC general licenses. NUCLEAR REGULATORY Gastonia, NC; Dismissal of Application 5. The estimated number of annual COMMISSION for Reconsideration respondents: 140. 6. The estimated number of hours Advisory Committee on Reactor Pursuant to 29 CFR 90.18(C) an needed annually to complete the Safeguards, Subcommittee Meeting on application for administrative requirement or request: 303 hours Safeguards and Security; Notice of reconsideration was filed with the (Reporting, 135 hours and Meeting Director of the Division of Trade Recordkeeping, 168 hours). Adjustment Assistance for workers at 7. Abstract: 10 CFR part 110 provides Specialty Machine Company, Inc., application, reporting, and The ACRS Subcommittee on Gastonia, North Carolina. The recordkeeping requirements for export Safeguards and Security will hold a application contained no new and imports of nuclear material and closed meeting on April 24, 2003, in the substantial information which would equipment subject to the requirements NRC Auditorium, 11545 Rockville Pike, bear importantly on the Department’s of a specific license or a general license Rockville, Maryland. determination. Therefore, dismissal of and exports of incidental radioactive The entire meeting will be closed to the application was issued. material. The information collected and public attendance to protect information NAFTA–6244; Specialty Machine maintained pursuant to 10 CFR part 110 classified as national security Company, Inc. Gastonia, North enables the NRC to authorize only information pursuant to 5 U.S.C. Carolina (February 4, 2003) imports and exports which are not 552b(c)(1). inimical to U.S. common defense and The agenda for the subject meeting Signed at Washington, DC, this 12th day of security and which meet applicable February 2003. shall be as follows: statutory, regulatory, and policy Edward A. Tomchick, Thursday, April 24, 2003—8:30 a.m. requirements. until the conclusion of business Director, Division of Trade Adjustment Submit, by June 2, 2003, comments Assistance. that address the following questions: The Subcommittee will hear [FR Doc. 03–7892 Filed 4–1–03; 8:45 am] 1. Is the proposed collection of presentations from an individual BILLING CODE 4510–30–M information necessary for the NRC to Commissioner, representatives of the properly perform its functions? Does the NRC staff, and the nuclear Industry and information have practical utility? gather information on the NRC staff’s proposed guidance for performing risk- NUCLEAR REGULATORY 2. Is the burden estimate accurate? informed vulnerability assessments and COMMISSION 3. Is there a way to enhance the quality, utility, and clarity of the the design basis threat among other Agency Information Collection information to be collected? issues. The purpose of this meeting is to Activities: Proposed Collection; 4. How can the burden of the gather information, analyze relevant Comment Request information collection be minimized, issues and facts, and formulate including the use of automated proposed positions and actions, as AGENCY: Nuclear Regulatory collection techniques or other forms of appropriate, for deliberation by the full Commission (NRC). information technology? Committee. ACTION: Notice of pending NRC action to A copy of the draft supporting Further information contact: Mr. submit an information collection statement may be viewed free of charge Richard K. Major (telephone: 301–415– request to OMB and solicitation of at the NRC Public Document Room, One 7366) or Dr. Richard P. Savio public comment. White Flint North, 11555 Rockville (telephone: 301–415–7363) between Pike, Room O–1 F23, Rockville, MD 7:30 a.m. and 4:15 p.m. (E.T.). SUMMARY: The NRC is preparing a 20852. OMB clearance requests are Dated: March 25, 2003. submittal to OMB for review of available at the NRC worldwide Web Sher Bahadur, continued approval of information site: http://www.nrc.gov/public-involve/ Associate Director for Technical Support, collections under the provisions of the doc-comment/omb/index.html. The ACRS/ACNW. Paperwork Reduction Act of 1995 (44 document will be available on the NRC [FR Doc. 03–7922 Filed 4–1–03; 8:45 am] U.S.C. chapter 35). home page site for 60 days after the Information pertaining to the signature date of this notice. BILLING CODE 7590–01–P requirement to be submitted: Comments and questions about the 1. The title of the information information collection requirements collection: 10 CFR part 110, Rules and may be directed to the NRC Clearance SECURITIES AND EXCHANGE Regulations for the Export and Import of Officer, Brenda Jo. Shelton, U.S. Nuclear COMMISSION Nuclear Equipment and Material. Regulatory Commission, T–6 E6, Proposed Collection; Comment 2. Current OMB approval number: Washington, DC 20555–0001, by Request 3150–0036. telephone at 301–415–7233, or by 3. How often the collection is Internet electronic mail at Upon Written Request, Copies Available required: On occasion. [email protected]. From: Securities and Exchange Commission,

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Office of Filings, and Information Services costs of Commission rules and forms. Management and Budget for extension 450 Fifth Street, NW., Washington, DC. Complying with the collection of and approval. 20549. information requirements of the rule is Extension: Form N–17f–2. SEC File No. Rule 17f–2 under the Investment 270–317. OMB Control No. 3235–0360. mandatory for those funds that maintain Company Act of 1940 (17 CFR 270.17f– custody of their own assets. The Notice is hereby given that, pursuant 2) is entitled: ‘‘Custody of Investments information provided to the by Registered Management Investment to the Paperwork Reduction Act of 1995 Commission by the fund’s independent (44 U.S.C. 350l et seq.), the Securities Company.’’ Rule 17f–2 establishes public accountants about each safeguards for arrangements in which a and Exchange Commission verification of the fund’s assets will not (‘‘Commission’’) is soliciting comments registered management investment be kept confidential. An agency may not company (‘‘fund’’) is deemed to on the collection of information conduct or sponsor, and a person is not summarized below. The Commission maintain custody of its own assets, such required to respond to, a collection of as when the fund maintains its assets in plans to submit this existing collection information unless it displays a of information to the Office of a facility that provides safekeeping but currently valid control number. not custodial services. The rule includes Management and Budget for extension Written comments are invited on: (a) and approval. several recordkeeping or reporting Whether the collection of information is requirements. The fund’s directors must Form N–17f–2 is entitled ‘‘Certificate necessary for the proper performance of of Accounting of Securities and Similar prepare a resolution designating not the functions of the Commission, more than five fund officers or Investments in the Custody of including whether the information has responsible employees who may have Management Investment Companies.’’ practical utility; (b) the accuracy of the access to the fund’s assets. The Form N–17f–2 is the cover sheet for the Commission’s estimate of the burden of designated access persons (two or more accountant examination certificates the collection of information; (c) ways to of whom must act jointly when filed under rule 17f–2 of the Investment enhance the quality, utility, and clarity handling fund assets) must prepare a Company Act of 1940 by registered of the information collected; and (d) written notation providing certain management investment companies ways to minimize the burden of the information about each deposit or (‘‘funds’’) maintaining custody of collection of information on withdrawal of fund assets, and must securities or other investments. Form respondents, including through the use transmit the notation to another officer N–17f–2 facilitates the filing of the of automated collection techniques or or director designated by the directors. accountant’s examination certificates. other forms of information technology. The use of the form allows the Consideration will be given to Independent public accountants must certificates to be filed electronically, comments and suggestions submitted in verify the fund’s assets at least three and increases the accessibility of the writing within 60 days of this times a year, and two of the examination certificates to both the publication. examinations must be unscheduled. Commission’s examination staff and Please direct your written comments The requirement that directors interested investors by ensuring that the to Kenneth A. Fogash, Acting Associate designate access persons is intended to certificates are filed under the proper Executive Director/CIO, Office of ensure that directors evaluate the SEC file number and the correct name Information Technology, Securities and trustworthiness of insiders who handle of a fund. Exchange Commission, 450 5th Street, fund assets. The requirements that Under rule 17f–2, each fund is NW., Washington, DC 20549. access persons act jointly in handling required to file Form N–17f–2 at least fund assets, prepare a written notation three times a year with the Commission. Dated: March 25, 2003. of each transaction, and transmit the Commission staff estimates that it takes Margaret H. McFarland, notation to another designated person approximately 1 hour per response to Deputy Secretary. are intended to reduce the risk of prepare and file a Form N–17f–2 with [FR Doc. 03–7842 Filed 4–1–03; 8:45 am] misappropriation of fund assets by the Commission. Thus, the total annual BILLING CODE 8010–01–P access persons, and to ensure that burden of Form N–17f–2’s paperwork adequate records are prepared, reviewed requirement is estimated to be by a responsible third person, and approximately 405 burden hours.1 The SECURITIES AND EXCHANGE available for examination by the entire hour burden will be borne by COMMISSION clerical staff at $16 per hour, for a total Commission. The requirement that cost of approximately $6,480 (405 Proposed Collection; Comment auditors verify fund assets without burden hours × $16 = $6,480). The Request notice twice each year is intended to increase in burden hours from 92 to 405 provide an additional deterrent to the is attributable to updated estimates of Upon Written Request, Copies Available misappropriation of fund assets and to the burden hours that reflect additional From: Securities and Exchange Commission, detect any irregularities. time spent by professionals and clerical Office of Filings and Information Services, The Commission staff estimates that staff in their compliance efforts. 450 Fifth Street, NW, Washington, DC 20549. approximately 135 funds rely upon rule Extension: Rule 17f–2 [17 CFR 270.17f–2]. The estimate of average burden hours 1 SEC File No. 270–233. OMB Control No. 17f–2. The Commission staff estimates is made solely for the purposes of the 3235–0223. that each fund offers an average of 3.7 Paperwork Reduction Act, and is not separate series or portfolios subject to derived from a comprehensive or even Notice is hereby given that, pursuant rule 17f–2. Each fund makes an average a representative survey or study of the to the Paperwork Reduction Act of 1995 of 97.4 responses each year under the (44 U.S.C. 350l et seq.), the Securities rule, including 1 response (requiring .2 1 The Commission staff estimates that there are and Exchange Commission (the burden hours) per fund to draft director 135 funds that file Form N–17f–2 each year. Each ‘‘Commission’’) is soliciting comments resolutions, 89 responses per fund to fund is required to make three responses per year, on the collection of information and each response requires 1 hour to prepare. The hour burden is calculated as follows: 135 summarized below. The Commission 1 The Commission’s records indicate that (respondents) × 3 (responses per fund per year) × plans to submit this existing collection approximately 135 funds filed Form N–17f–2 with 1 (hours per response) = 405 hours. of information to the Office of the Commission during calendar year 2002.

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prepare notations of transactions 2 be kept confidential. An agency may not EST, March 31, 2003, through 11:59 (requiring one hour each), and 7.4 conduct or sponsor, and a person is not p.m. April 11, 2003. 3 responses per fund for fund personnel required to respond to, a collection of By the Commission. to assist the independent public information unless it displays a accountants when they perform currently valid control number. Margaret H. McFarland, unscheduled verifications (requiring 10 Written comments are invited on: (a) Deputy Secretary. burden hours each). Thus, the total hour Whether the collection of information is [FR Doc. 03–8107 Filed 3–31–03; 2:06 pm] burden per fund is estimated to 163.2 necessary for the proper performance of BILLING CODE 8010–01–P hours 4 Commission staff estimates that the functions of the Commission, each fund therefore spends including whether the information has approximately .2 burden hours of practical utility; (b) the accuracy of the SECURITIES AND EXCHANGE professional time at $60 per hour Commission’s estimate of the burden of COMMISSION annually in drafting resolutions by the collection of information; (c) ways to directors (.2 x $60 = $12), 89 hours 5 of enhance the quality, utility, and clarity [Release No. 34–47577; File No. SR–PCX– professional time at $60 per hour of the information collected; and (d) 2003–03] annually in preparing transaction ways to minimize the burden of the notations (89 x $60 = $5,340), and 74 collection of information on Self-Regulatory Organizations; Notice hours 6 of clerical time at $16 per hour respondents, including through the use of Filing and Immediate Effectiveness annually in assisting independent of automated collection techniques or of Proposed Rule Change by the public accounts perform unscheduled other forms of information technology. Pacific Exchange, Inc. To Amend the × verifications of assets (74 $16 = Consideration will be given to Regulatory Fees Portion of Its $1,184).7 The total annual burden of comments and suggestions submitted in Schedule of Fees and Charges To Add rule 17f–2’s paperwork requirements writing within 60 days of this a Designated Options Examining thus is estimated to be approximately publication. Authority Fee for Member Firms That 8 22,032 hours at an annual cost of Please direct your written comments Conduct a Public Options Business $882,360.9 to Kenneth A. Fogash, Acting Associate The estimate of average burden hours Executive Director/CIO, Office of March 26, 2003. is made solely for the purposes of the Information Technology, Securities and Pursuant to section 19(b)(1) of the Paperwork Reduction Act, and is not Exchange Commission, 450 5th Street, derived from a comprehensive or even NW., Washington, DC 20549. Securities Exchange Act of 1934 1 2 a representative survey or study of the (‘‘Act’’) and Rule 19b–4 thereunder, Dated: March 25, 2003. notice is hereby given that on February costs of Commission rules and forms. Margaret H. McFarland, Complying with the collection of 3, 2003, the Pacific Exchange, Inc. Deputy Secretary. information requirements of the rule is (‘‘PCX’’ or ‘‘Exchange’’) filed with the mandatory for those funds that maintain [FR Doc. 03–7843 Filed 4–1–03; 8:45 am] Securities and Exchange Commission custody of their own assets. The BILLING CODE 8010–01–P (‘‘Commission’’) the proposed rule information provided to the change as described in Items I, II, and Commission by the fund’s independent III below, which Items have been SECURITIES AND EXCHANGE public accountants about each prepared by the Exchange. On February COMMISSION verification of the fund’s assets will not 28, 2003, the Exchange filed Amendment No. 1 to the proposed rule 2 This number results from 24 responses per [File No. 500–1] change.3 On March 24, 2003, the portfolio multiplied by 3.7 portfolios in the average Exchange filed Amendment No. 2 to the fund (24 × 3.7 = 88.8). AR Associates, Inc. d/b/a Greenwave, 4 3 This number results from 2 unscheduled Inc.; Order of Suspension of Trading proposed rule change. The Commission verifications per portfolio multiplied by 3.7 is publishing this notice to solicit portfolios in the average fund (2 × 3.7 = 7.4 March 31, 2003. comments on the proposed rule change responses per fund). It appears to the Securities and from interested persons. 4 (1 response × .2 burden hours) + (89 responses × × Exchange Commission that there is a 1 burden hour) + (7.4 responses 10 burden I. Self-Regulatory Organization’s hours) = 163.2 burden hours. lack of current and accurate information 5 89 transaction notations per fund × 1 hour = 89 concerning the securities of AR Statement of the Terms of Substance of hours. Associates, Inc. d/b/a GreenWave, Inc. the Proposed Rule Change 6 7.4 verifications per fund × 10 hours = 74 hours. (‘‘ARAI’’), a company with its principal 7 The PCX is proposing to amend the Each of these hour burden estimates is based place of business in Calgary, Alberta, upon conversations with attorneys and accountants regulatory fees portion of its Schedule of Canada. Questions have been raised familiar with the information collection Fees and Charges to add a Designated requirements of the rule. Commission staff relied about the adequacy and accuracy of Options Examining Authority (‘‘DOEA’’) upon the Securities Industry Association, Report on publicly disseminated information Management and Professional Earnings in the concerning, among other things, the fee for member firms that conduct a Securities Industry (2002) to determine the hourly public options business. wage rates used in the calculation of this estimate. identity of the persons in control of the Professional time is based on the estimated average common stock issued by ARAI. 1 wage for associate and general counsel in the The Commission is of the opinion that 15 U.S.C. 78s(b)(1). 2 17 CFR 240.19b–4. securities industry. the public interest and the protection of 8 163.2 hours per fund × 135 funds = 22,032 total 3 Amendment No. 1 replaced the original Form annual burden. investors require a suspension of trading 19b–4 in its entirety. 9 ($12 (for drafting resolutions) + $5,340 (for in the securities of ARAI. 4 See letter from Tania J. Cho, Attorney, transaction notations) + $1,184 (for unscheduled Therefore, it is ordered, pursuant to Regulatory Policy, PCX, to Katherine England, verifications)) × 135 funds = $882,360.The annual section 12(k) of the Securities Exchange Assistant Director, Division of Market Regulation, burden for rule 17f–2 does not include time spent Commission, dated March 21, 2003. Amendment preparing Form N–17f–2. The burden for Form N– Act of 1934, that trading in the No. 2 made non-substantive, editorial changes to 17f–2 is included in a separate collection of securities of AR Associates, Inc. is the proposed rule text to clarify application of the information. suspended for the period from 9:30 a.m. new fee.

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II. Self-Regulatory Organization’s regulatory costs incurred in fulfilling III. Date of Effectiveness of the Statement of the Purpose of, and obligations under the agreement among Proposed Rule Change and Timing for Statutory Basis for, the Proposed Rule all current and future DOEA and non- Commission Action Change DOEA participants. As such, the OSRC The foregoing rule change, which In its filing with the Commission, the has proposed to allocate a portion of the establishes or changes a due, fee or Exchange included statements costs borne by the SROs based on the other charge imposed by the Exchange, concerning the purpose of and basis for percentage of their overall expense pool. has become effective pursuant to section the proposed rule change and discussed As an alternative, the Exchange 19(b)(3)(A) 9 of the Act and any comments it received on the proposes to develop an examination subparagraph (f)(2) of Rule 19b–4 proposed rule change. The text of these program to review member firms that thereunder.10 At any time within 60 statements may be examined at the conduct public options business in- days of the filing of such proposed rule places specified in Item IV below. The house. As a newly designated DOEA,6 change, the Commission may summarily Exchange has prepared summaries, set the Exchange would develop an abrogate such rule change if it appears forth in sections A, B, and C below, of examination program to review options to the Commission that such action is the most significant aspects of such necessary or appropriate in the public statements. sales practices as they relate to the public (e.g., advertising, sales literature, interest, for the protection of investors, or otherwise in the furtherance of the A. Self-Regulatory Organization’s risk disclosures, approval of new purposes of the Act. For purposes of Statement of the Purpose of, and the accounts and risk tolerances for calculating the 60-day abrogation Statutory Basis for, the Proposed Rule individuals) for member firms that are Change period, the Commission considers the assigned to it by the OSRC. By proposed rule change to have been filed (1) Purpose conducting the options sales practice on February 28, 2003, when The Exchange is proposing to make examinations in-house, the Exchange Amendment No. 1 was filed.11 the following modification to its would be able to pass these expenses IV. Solicitation of Comments Schedule of Fees and Charges in order directly to the firms that require an to recover costs associated with examination. In the absence of any PCX Interested persons are invited to conducting options sales practice initiative, the Exchange will be submit written data, views and examinations of its member firms that allocated a certain portion of the DOEA arguments concerning the foregoing, conduct public options business. The costs borne by other SROs, which would including whether the proposed rule current regulatory fees schedule increase the Exchange’s overhead change is consistent with the Act. includes a Designated Examining without cost recovery. Thus, the Persons making written submissions Authority (‘‘DEA’’) fee of $2000 per Exchange’s proposal for in-house should file six copies thereof with the month for each member organization for examinations would allow for recovery Secretary, Securities and Exchange which the Exchange is the DEA. Due to of the regulatory costs in a fair and Commission, 450 Fifth Street, NW., recent developments in DOEA equitable manner. Washington, DC 20549–0609. Copies of examinations, the Exchange proposes to the submission, all subsequent add a $2000 per month DOEA fee 5 to (2) Statutory Basis amendments, all written statements apply to firms that conduct a public with respect to the proposed rule The Exchange believes that the options business. The new fee would be change that are filed with the proposed rule change is consistent with applicable only to members and Commission, and all written section 6(b) 7 of the Act in general and member firms for which the Exchange is communications relating to the section 6(b)(4) 8 of the Act, in particular, the DOEA. proposed rule change between the In 1983, the Options Self-Regulatory because it provides for the equitable Commission and any person, other than Council (‘‘OSRC’’) submitted to the SEC allocation of reasonable dues, fees and those that may be withheld from the an agreement allocating regulatory other charges among its members. public in accordance with the responsibilities with respect to common B. Self-Regulatory Organization’s provisions of 5 U.S.C. 552, will be members. The purpose of the agreement Statement on Burden on Competition available for inspection and copying in was to reduce regulatory responsibility the Commission’s Public Reference duplication for options-related sales The Exchange does not believe that Room. Copies of such filing will also be practice matters and to designate the the proposed rule change will impose available for inspection and copying at following self-regulatory organizations any burden on competition that is not the principal office of the PCX. All (‘‘SROs’’) as DOEAs: The American necessary or appropriate in furtherance submissions should refer to File No. Stock Exchange, the Chicago Board of the purposes of the Act. SR–PCX–2003–03 and should be Options Exchange, NASD, and the New submitted by April 23, 2003. C. Self-Regulatory Organization’s York Stock Exchange. Since establishing For the Commission, by the Division of Statement on Comments on the this agreement, the DOEAs have been Market Regulation, pursuant to delegated conducting options sales practice Proposed Rule Change Received From authority.12 Members, Participants or Others examinations on behalf of applicable Margaret H. McFarland, participants. Due to the increase in costs Deputy Secretary. associated with conducting such Written comments on the proposed [FR Doc. 03–7935 Filed 4–1–03; 8:45 am] examinations, the OSRC has proposed a rule change were neither solicited nor means to allow for an allocation of received. BILLING CODE 8010–01–P

9 5 To avoid duplicative billing, the DOEA fee 6 The Exchange has been designated as a DOEA 15 U.S.C. 78s(b)(3)(A). charged to a member firm that conducts public as of January 1, 2003. 10 17 CFR 240.19b–4(f)(2). options business will not apply if the Exchange is 7 15 U.S.C. 78f(b). 11 See notes 3 and 4, supra. the DEA for such member firm. 8 15 U.S.C. 78f(b)(4). 12 17 CFR 200.30–3(a)(12).

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SECURITIES AND EXCHANGE The text of the proposed rule change Summary of Equity Option Charges (p. COMMISSION is below. Proposed language is 2/2) italicized; deleted language is in [Release No. 34–47561; File No. SR–Phlx– Option Floor Brokerage Assessment I 2003–16] brackets. * * * * * 5% of net floor brokerage income. Self-Regulatory Organizations; Notice Summary of Equity Option Charges (p. Floor Brokerage Transaction Fee I of Filing of Proposed Rule Change and 1/2) Amendment No. 1 Thereto by the $.05 per contract, for floor brokers Philadelphia Stock Exchange, Inc. Option Comparison Charge I executing transactions for their own Relating to Charges to Exchange (Applicable to All Trades—Except member firms Members for Orders Entered Through Specialist Trades) Specialist Deficit (Shortfall) Fee I the Intermarket Options Linkage Registered Option Trader: $.03 per March 21, 2003. contract $.35 per contract for specialists 6 Pursuant to section 19(b)(1) of the Firm/Proprietary : $.04 per contract trading any Top 120 Option if the Customer Executions, Linkage Orders, Securities Exchange Act of 1934 following total national monthly Broker-Dealer Orders: No charge (‘‘Act’’),1 and rule 19b–4 thereunder,2 contract volume for such Top 120 notice is hereby given that on March 18, Option Transaction Charge I (Other Option is not effected on the PHLX: 2003, the Philadelphia Stock Exchange, Than Intermarket Option Linkage 11% for the period January through Inc. (‘‘Phlx’’ or ‘‘Exchange’’) filed with Charges Set Forth Below) March 2002; 12% for the period April the Securities and Exchange through June 2002; 13% for the period Customer Executions: No charge July through September 2002; and 14% Commission (‘‘Commission’’) the 7 Firm/Proprietary : $.15 per contract for the period October through proposed rule change as described in Firm/Proprietary Facilitation December 2002. items I, II, and III below, which Items Transaction8: $.08 per contract have been prepared by the Exchange. Registered Option Trader (on-floor): Specialist Deficit (Shortfall) Fee Credit On March 21, 2003, Phlx submitted $.16 per contract Amendment No. 1 to the proposed rule Specialist: $.18 per contract A credit of $.35 per contract may be change.3 The Commission is publishing Broker/Dealer 9 (non–AUTO–X): $.35 earned by options specialists for all this notice to solicit comments on the per contract contracts traded in excess of the proposed rule change, as amended, from Broker/Dealer 10 (AUTO–X): $.45 per following volume thresholds in eligible interested persons. contract issues for the monthly periods commencing September 1, 2001. These Intermarket Option Linkage Charge I 11 I. Self-Regulatory Organization’s credits may be applied against Statement of the Terms of Substance of Satisfaction Order: No charge previously imposed ‘‘shortfall fees’’ for the Proposed Rule Change Principal Acting as Agent (P/A) the preceding six months for issues that Phlx proposes to amend its schedule Orders—Inbound: No charge in the month the deficit occurred, the of dues, fees and charges to adopt Principal Acting as Agent (P/A) equity option traded in excess of 10 charges applicable to Principal Orders Orders—Outbound: No charge million contracts per month: 11% for Principal (P) Orders—Inbound: $.35 per (‘‘P Orders’’) sent via the Intermarket the period January through March 2002; contract Options Linkage (the ‘‘Linkage’’) under 12% for the period April through June the Plan for the Purpose of Creating and 2002; 13% for the period July through to implement this fee for transactions settling on or Operating an Options Intermarket after May 1, 2003. September 2002; and 14% for the period 4 Linkage (‘‘Plan’’). 6 For the purpose of this Summary of Equity October through December 2002. The Exchange intends to implement Option Charges, the Firm/Proprietary comparison this fee on a pilot basis, ending January or transaction charge applies to members for orders Real-Time Risk Management Fee I 31, 2004, for transactions settling on or for the proprietary account of any member or non- member broker-dealer that derives more than 35% $.0025 per contract for firms/members after the first day of the next calendar of its annual, gross revenues from commissions and receiving information on a real-time month following the Commission’s principal transactions with customer. Firms will be basis See Appendix A for additional approval of the proposal.5 required to verify this amount to the Exchange by certifying that they have reached this threshold and fees. by submitting a copy of their annual report, which I denotes fee eligible for monthly 1 15 U.S.C. 78s(b)(1). was prepared in accordance with Generally 2 17 CFR 240.19b–4. Accepted Accounting Principles (‘‘GAAP’’). In the credit of up to $1,000. 3 See letter from Richard S. Rudolph, Director and event that a firm has not been in business for one * * * * * Counsel, Phlx, to Jennifer Lewis, Attorney, Division year, the most recent quarterly reports, prepared in of Market Regulation, Commission, dated March 20, accordance with GAAP, will be accepted. II. Self-Regulatory Organization’s 2003 (‘‘Amendment No. 1’’). In Amendment No. 1, 7 See footnote [4] 6. Statement of the Purpose of, and Phlx proposed a new footnote to its fee schedule to 8 Equity Option Transaction Charges continue to Statutory Basis for, the Proposed Rule indicate that the proposed fees would be subject to apply to facilitation transactions involving a pilot program scheduled to expire January 31, Exchange-traded options subject to licensing Change 2004. agreements. 4 See Securities Exchange Act Release Nos. 43573 9 For the purpose of this Summary of Equity In its filing with the Commission, (November 16, 2000), 65 FR 70851 (November 28, Option Charges, this charge applies to members for Phlx included statements concerning 2000); and 43086 (July 28, 2000), 65 FR 48023 orders, received from other than the floor of the the purpose of, and basis for, the (August 4, 2000). The Plan was subsequently Exchange, for any account (i) in which the holder proposed rule change and discussed any amended on June 27, 2001, May 30, 2002, January of beneficial interest is a member or non-member 29, 2003, and January 31, 2003. See Securities broker-dealer or (ii) in which the holder of comments it received on the proposed Exchange Act Release Nos. 44482 (June 27, 2001), beneficial interest is a person associated with or rule change. The text of these statements 66 FR 35470 (July 5, 2001); 46001 (May 30, 2002), employed by a member or non-member broker- may be examined at the places specified 67 FR 38687 (June 5, 2002 ); 47298 (January 31, dealer. This includes orders for the account of an in item IV below. Phlx has prepared 2003), 68 FR 6524 (February 7, 2003 ); and 47274 ROT entered from off-floor. (January 29, 2003), 68 FR 5313 (February 3, 2003). 10 See footnote [8] 9. summaries, set forth in sections A, B, 5 For example, if the Commission approves the 11 Subject to a pilot program scheduled to expire and C below, of the most significant proposal on April 20, 2003, the Exchange intends January 31, 2004. aspects of such statements.

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A. Self-Regulatory Organization’s any inappropriate burden on SECURITIES AND EXCHANGE Statement of the Purpose of, and competition. COMMISSION Statutory Basis for, the Proposed Rule C. Self-Regulatory Organization’s [Release No. 34–47582; File No. SR–PHLX– Change Statement on Comments on the 2002–18] 1. Purpose Proposed Rule Change Received From Members, Participants, or Others Self Regulatory Organizations; Phlx represents that the purpose of Philadelphia Stock Exchange, Inc.; the proposed rule change is to raise No written comments were either Order Granting Approval to Proposed revenue for the Exchange by charging solicited or received. Rule Change To Make Permanent a Exchange members for transactions PACE Automatic Price Improvement involving inbound P Orders sent by III. Date of Effectiveness of the Proposed Rule Change and Timing for Pilot Program and a PACE Order such members via the Linkage pursuant Execution and Price Protection Pilot 12 Commission Action to the Plan. Program The Exchange will charge Exchange Within 35 days of the date of members for P Orders sent to the publication of this notice in the Federal March 27, 2003. Exchange over the Linkage from the Register or within such longer period (i) On March 11, 2002, the Philadelphia floor of another exchange $.35 per Stock Exchange, Inc. (‘‘Phlx’’ or 13 as the Commission may designate up to contract executed. The Exchange will 90 days of such date if it finds such ‘‘Exchange’’) filed with the Securities not charge fees for other types of longer period to be appropriate and and Exchange Commission Linkage Orders.14 publishes its reasons for so finding or (‘‘Commission’’), pursuant to section 2. Statutory Basis (ii) as to which Phlx consents, the 19(b)(1) of the Securities Exchange Act 1 Commission shall: of 1934 (‘‘Act’’) and rule 19b–4 The Exchange believes that its thereunder,2 a proposed rule change to (A) By order approve such proposed proposal to amend its schedule of dues, make permanent two Philadelphia Stock rule change, or fees and charges is consistent with Exchange Automated Communication section 6(b) of the Act 15 in general, and (B) Institute proceedings to determine and Execution System (‘‘PACE’’) pilot furthers the objectives of section 6(b)(4) whether the proposed rule change programs that were introduced with the of the Act 16 in particular, in that it is should be disapproved. advent of decimal pricing in the an equitable allocation of reasonable IV. Solicitation of Comments securities industry. The first pilot dues, fees, and other charges among program consists of an automated price Exchange members who avail Interested persons are invited to improvement feature that incorporates a themselves of the Linkage, consistent submit written data, views and percentage of the spread between the with other fees charged by the Exchange arguments concerning the foregoing, bid and the offer, and has been in effect for non-Linkage Orders.17 including whether the proposed rule since January 30, 2001.3 The second change, as amended, is consistent with B. Self-Regulatory Organization’s pilot program incorporates immediate the Act. Persons making written Statement on Burden on Competition execution of certain market orders submissions should file six copies through the Public Order Exposure The Exchange does not believe that thereof with the Secretary, Securities System (‘‘POES’’) and mandatory the proposed rule change will impose and Exchange Commission, 450 Fifth double-up/double-down price Street, NW, Washington, DC 20549– 12 protection, and has been in effect since Under the Plan and Exchange Rule 1083(k), 0609. Copies of the submission, all 4 which tracks the language of the Plan, a ‘‘Linkage August 25, 2000. Order’’ means an Immediate or Cancel order routed subsequent amendments, all written The proposed rule change was through the Linkage as permitted under the Plan. statements with respect to the proposed published for comment in the Federal There are three types of Linkage Orders: rule change that are filed with the Register on March 22, 2002.5 The (i) ‘‘Principal Acting as Agent (‘‘P/A’’) Order,’’ Commission, and all written Commission received no comments on which is an order for the principal account of a communications relating to the specialist (or equivalent entity on another the proposal. Participant Exchange that is authorized to represent proposed rule change between the The Commission finds that the Public Customer orders), reflecting the terms of a Commission and any person, other than proposed rule change is consistent with related unexecuted Public Customer order for those that may be withheld from the the requirements of the Act and the which the specialist is acting as agent; public in accordance with the rules and regulations thereunder (ii) ‘‘Principal (‘‘P’’) Order,’’ which is an order for the principal account of an Eligible Market Maker provisions of 5 U.S.C. 552, will be applicable to a national securities and is not a P/A Order; and available for inspection and copying in exchange 6 and, in particular, the (iii) ‘‘Satisfaction Order,’’ which is an order sent the Commission’s Public Reference requirements of section 6 of the Act 7 through the Linkage to notify a member of another Room. Copies of such filing will also be and the rules and regulations Participant Exchange of a Trade-Through and to available for inspection and copying at seek satisfaction of the liability arising from that thereunder. The Commission finds Trade-Through. the principal office of the Phlx. All The Exchange will not assess any charges for P/ submissions should refer to File No. 1 15 U.S.C. 78s(b)(1). A Orders and Satisfaction Orders. SR–Phlx–2003–16 and should be 2 17 CFR 240.19b–4. 13 Currently, for non-Linkage off-floor broker- submitted by April 23, 2003. 3 See Securities Exchange Act Release No. 43901 dealer orders sent via the Philadelphia Stock (January 30, 2001), 66 FR 8988 (February 5, 2001) Exchange Automated Options Market (‘‘AUTOM’’), For the Commission, by the Division of (SR–Phlx–2001–12). which is the Exchange’s electronic order delivery, Market Regulation, pursuant to delegated 4 See Securities Exchange Act Release No. 43206 18 routing, execution and reporting system, the authority. (August 25, 2000), 65 FR 53250 (September 1, 2000) Exchange charges $.35 per contract to the sending (SR–Phlx–2000–08). Margaret H. McFarland, off-floor broker-dealer for non-AUTO–X trades, and 5 See Securities Exchange Act Release No. 45580 $.45 per contract for trades executed by AUTO–X, Deputy Secretary. (March 18, 2002), 67 FR 13399. the automatic execution feature of AUTOM. [FR Doc. 03–7844 Filed 4–1–03; 8:45 am] 6 In approving this proposed rule change, the 14 See supra note 6. Commission has considered the proposed rule’s BILLING CODE 8010–01–P 15 15 U.S.C. 78f(b). impact on efficiency, competition, and capital 16 15 U.S.C. 78f(b)(4). formation. 15 U.S.C. 78c(f). 17 See supra note 7. 18 17 CFR 200.30–3(a)(12). 7 15 U.S.C. 78f.

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specifically that the proposed rule engaged in activities that require the Korean government relating to the change is consistent with section 6(b)(5) imposition of measures pursuant to the development or production of missile of the Act 8 because it is designed to Arms Export Control Act, as amended, equipment or technology and all remove impediments to and perfect the and the Export Administration Act of activities of the North Korean mechanism of a free and open market 1979, as amended (as carried out under government affecting the development and a national market system, and, in Executive Order 13222 of August 17, or production of electronics, space general, to protect investors and the 2001). systems or equipment, and military public interest. EFFECTIVE DATE: March 24, 2003. aircraft: It is therefore ordered, pursuant to (A) New individual licenses for export section 19(b)(2) of the Act,9 that the FOR FURTHER INFORMATION CONTACT: to the government activities described proposed rule change (SR–PHLX–2002– Vann H. Van Diepen, Office of above of equipment or technology 18), be, and it hereby is, approved. Chemical, Biological and Missile controlled pursuant to the Arms Export Nonproliferation, Bureau of Control Act will be denied for two For the Commission, by the Division of Nonproliferation, Department of State Market Regulation, pursuant to delegated years; and authority.10 (202–647–4931). On U.S. Government (B) No new U.S. Government procurement ban issues: Gladys Gines, Margaret H. McFarland, contracts involving the government Office of the Procurement Executive, Deputy Secretary. activities described above will be Department of State, (703–516–1691). [FR Doc. 03–7936 Filed 4–1–03; 8:45 am] entered into for two years. SUPPLEMENTARY INFORMATION: Pursuant BILLING CODE 8010–01–P These measures shall be implemented to section 73(a)(1) of the Arms Export by the responsible departments and Control Act (22 U.S.C. 2797b(a)(1)); agencies of the United States section 11B(b)(1) of the Export DEPARTMENT OF STATE Government as provided in Executive Administration Act of 1979 (50 U.S.C. Order 12851 of June 11, 1993. [Public Notice 4325] app. 2401b(b)(1)), as carried out under Dated: March 27, 2003. Executive Order 13222 of August 17, Bureau of Nonproliferation; 2001 (hereinafter cited as the ‘‘Export John S. Wolf, Determination Under the Arms Export Administration Act of 1979’’); and Assistant Secretary of State for Control Act Executive Order 12851 of June 11, 1993; Nonproliferation, Department of State. [FR Doc. 03–7943 Filed 4–1–03; 8:45 am] AGENCY: Department of State. the U.S. Government determined on March 24, 2003 that the following BILLING CODE 4710–25–P ACTION: Notice. foreign person has engaged in missile Pursuant to section 654(c) of the technology proliferation activities that DEPARTMENT OF STATE Foreign Assistance Act of 1961, as require the imposition of the sanctions amended, notice is hereby given that the described in section 73(a)(2)(B) and (C) Bureau of Nonproliferation Under Secretary of State for Arms of the Arms Export Control Act (22 Control and International Security has U.S.C. 2797b(a)(2)(B) and (C) and made a determination pursuant to section 11B(b)(1)(B)(ii) and (iii) of the [Public Notice 4327] section 73 of the Arms Export Control Export Administration Act of 1979 (50 Imposition of Nonproliferation Act and has concluded that publication U.S.C. app. 2410b(b)(1)(B)(ii) and (iii) Measures on a Foreign Entity, of the determination would be harmful on this person: Including a Ban on U.S. Government to the national security of the United Changgwang Sinyong Corporation Procurement States. (North Korea) and its sub-units and Dated: March 27, 2003. successors. AGENCY: Bureau of Nonproliferation, John S. Wolf, Accordingly, the following sanctions Department of State. Assistant Secretary of State for are being imposed on this person: ACTION: Notice. Nonproliferation, Department of State. (A) Denial of all new individual SUMMARY: The U.S Government has [FR Doc. 03–7942 Filed 4–1–03; 8:45 am] licenses for the export to the sanctioned determined that a foreign entity has BILLING CODE 4710–25–P entities of all items on the United States Munitions List and CCL for two years; engaged in proliferation activities that (B) Denial of all USG contracts with require the imposition of measures DEPARTMENT OF STATE the sanctioned entities for two years; pursuant to Executive Order 12938 of and November 14, 1994, as amended by Bureau of Nonproliferation (C) Denial of all imports into the Executive Order 13094 of July 28, 1998. The U.S. Government has also [Public Notice 4326] United States of products produced by the sanctioned entity for two years. determined that, pursuant to Section 38 Imposition of Missile Proliferation With respect to items controlled of the Arms Export Control Act and Sanctions Against a North Korean pursuant to the Export Administration section 126.7 of the International Traffic Entity Act of 1979, the export sanctions only in Arms Regulations, all licenses and apply to exports made pursuant to other approvals for defense article and AGENCY: Bureau of Nonproliferation, individual export licenses. defense services involving this entity Department of State. Additionally, because North Korea is are suspended, effective immediately. ACTION: Notice. a country with a non-market economy Notice is further given that it is the that is not a former member of the policy of the United States to deny SUMMARY: A determination has been licenses, other approvals, exports and made that a North Korean entity has Warsaw pact (as referenced in the definition of ‘‘person’’ in section temporary imports of defense articles and defense services destined for this 8 74(8)(B) of the Arms Export Control 15 U.S.C. 78f(b)(5). entity. 9 15 U.S.C. 78s(b)(2). Act), the following sanctions shall be 10 17 CFR 200.30–3(a)(12). applied to all activities of the North EFFECTIVE DATE: March 24, 2003.

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FOR FURTHER INFORMATION CONTACT: On from participating in any activities submitted in writing must be submitted general issues: Vann H. Van Diepen, subject to section 38 of the Arms Export in duplicate to the FAA and the Office Office of Chemical, Biological, and Control Act would be in furtherance of of Space Commercialization, Missile Nonproliferation, Bureau of the national security and foreign policy respectively, as follows: Docket No. Nonproliferation, Department of State, of the United States. Therefore, until 030325071–3071–01, Docket (202–647–1142). On import ban issues: further notice, the Department of State Management System, U.S. Department Loren Dohm, Director, Policy Planning is hereby suspending all licenses and of Transportation, Room Plaza 401, 400 and Program Management, Office of other approvals for: (a) Exports and Seventh Street, SW., Washington, DC Foreign Assets Control, Department of other transfers of defense articles and 20590–0001. Docket No. 030325071– the Treasury, (202–622–2500). On U.S. defense services from the United States; 3071–01, Office of Space Government procurement ban issues: (b) transfers of U.S.-origin defense Commercialization, Room 4800–B, U.S. Gladys Gines, Office of the Procurement articles and defense services from Department of Commerce, Herbert C. Executive, Department of State, (703– foreign destinations; and (c) temporary Hoover Building, 14th & Constitution 516–1691). import of defense articles to or from the Ave., NW., Washington, DC 20230. If SUPPLEMENTARY INFORMATION: Pursuant above-named entity. you wish to receive confirmation that to the authorities vested in the President Moreover, it is the policy of the FAA and DOC received your comments, by the Constitution and the laws of the United States to deny licenses and other include a self-addressed, stamped United States of America, including the approvals for exports and temporary postcard. International Emergency Economic imports of defense articles and defense You also have the option to submit Powers Act (50 U.S.C. 1701 et seq.) services destined for this entity. comments electronically through the (IEEPA), the National Emergencies Act Dated: March 27, 2003. Internet to the FAA at http:// (50 U.S.C. 1601 et seq.), the Arms John S. Wolf, dms.dot.gov. Information and/or data Export Control Act (22 U.S.C. 2751 et Assistant Secretary of State for considered to be proprietary should be seq.), and section 301 of title 3, United Nonproliferation, Department of State. labeled appropriately and should not be States Code, and Executive Order 12938 [FR Doc. 03–7944 Filed 4–1–03; 8:45 am] filed electronically. You may review the of November 14, 1994, as amended, the BILLING CODE 4710–25–P public docket containing responses to U.S. Government determined on March this announcement in person in the 24, 2003 that the following person has Department of Transportation Dockets engaged in proliferation activities that DEPARTMENT OF TRANSPORTATION Office between 9 a.m. and 5 p.m., require the imposition of measures Monday through Friday, except Federal pursuant to sections 4(b), 4(c), and 4(d) Federal Aviation Administration holidays. The Dockets Office is on the of Executive Order 12938: plaza level of the NASSIF Building at Khan Research Laboratories (Pakistan) DEPARTMENT OF COMMERCE the Department of Transportation at the above address. Also, you may review Accordingly, pursuant to the public dockets on the Internet at http:/ provisions of Executive Order 12938, Technology Administration /dms.dot.gov. the following measures are imposed on [Docket No. 030325071–3071–01] this entity, its subunits, and successors FOR FURTHER INFORMATION CONTACT: for two years (unless subsequently Request for Commercial Requirements Kelvin Coleman (FAA), (202) 267–7972, modified): for U.S. Launch Range Improvements or Paula Trimble (DOC), (202) 482– 1. All departments and agencies of the and Modernization 4574. United States Government shall not AGENCIES: Federal Aviation SUPPLEMENTARY INFORMATION: The procure or enter into any contract for Administration (FAA); Department of February 2000 White House report on the procurement of any goods, Commerce, Technology Administration, the Future Use and Management of the technology, or services from these Office of Space Commercialization. U.S. Space Launch Bases and Ranges entities, and shall terminate any existing ACTION documented a national strategy to contracts; : Notice and request for 2. All departments and agencies of the information. enhance and expand the government- industry partnership for management United States government shall not SUMMARY: The Department of provide assistance to these entities, and and use of the Eastern and Western Transportation (DOT) and the ranges (EWR). This strategy included a shall not obligate further funds for such Department of Commerce (DOC) request purposes; and recommendation to allow commercial input from the U.S. commercial space users of the Eastern and Western ranges 3. The Secretary of the Treasury shall transportation sector regarding U.S. prohibit the importation into the United adequate opportunity to communicate launch base and range support and their requirements so they could be States of any goods, technology, or modernization. Specifically, DOT and services produced or provided by these actively considered and factored into DOC seek to collect range support and Air Force decisions on range entities, other than information or modernization requirements from informational materials within the improvements and modernization. current or future commercial users of Further, the report recommended that meaning of section 203(b)(3) of the Eastern Range at Cape Canaveral Air International Emergency Powers Act (50 the government establish an ongoing Force Station, Florida, and the Western process for collecting, communicating, U.S.C. 1702(b)(3)). Range at Vandenberg Air Force Base, These measures shall be implemented and considering commercial California. by the responsible departments and requirements for EWR support and agencies as provided in Executive Order DATES: Responses must be received no modernization. Thus, the Departments 12938. later than June 2, 2003. of Transportation and Commerce seek to In addition, pursuant to section ADDRESSES: Please submit responses to work with U.S. commercial space sector 126.7(a)(1) of the International Traffic in this announcement to both the FAA and users of the EWR to collect commercial Arms Regulations, it is deemed that DOC, Office of Space launch range requirements, especially suspending the above-named entity Commercialization. Responses those common to multiple users, for

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launch range support and DEPARTMENT OF TRANSPORTATION regulations. There will be not direct modernization. Responses to this costs to the respondents other than their announcement should include the Federal Highway Administration time. following: Respondents: Drivers in Natick, Agency Information Collection Massachusetts. 1. A detailed explanation of the Activities: Submission for OMB Review Estimated Total Annual Burden: The requirement; AGENCY: Federal Highway burden hours per response will be 2. Technical and economic rationale, Administration (FHWA), DOT. approximately 10 minutes. We estimate as well as, overall importance; and that a total of 800 drivers (400 ‘‘before’’ ACTION: Notice and request for 3. Key dimensions of performance, comments. and 400 ‘‘after’’) will be involved in the with threshold and objective survey. Therefore, the total estimate is requirements if possible. SUMMARY: The FHWA has forwarded the 133 burden hours. information collection request described FOR FURTHER INFORMATION CONTACT: Ms. A threshold requirement is a in this notice to the Office of Elizabeth Alicandri, 202–366–6409, minimum acceptable value for a system Management and Budget (OMB) for Office of Highway Safety, Federal capability or characteristic, which, in review and approval. We published a Highway Administration, Department of the user’s judgment, is necessary to Federal Register Notice with a 60-day Transportation, 400 Seventh Street, provide an operational capability. An public comment period on this SW., Washington, DC 20590. Office objective requirement is a value beyond information collection on August 6, hours are from 7:00 a.m. to 3:30 p.m., the threshold that could have a 2002. We are required to publish this Monday through Friday, except Federal measurable and beneficial impact on the notice in the Federal Register by the holidays. system capability, supportability, or Paperwork Reduction Act of 1995. Electronic Access: Internet users may operational concept of employment. DATES: Please submit comments by June access all comments received by the (For example, ‘‘The imaging subsystem 2, 2003. U.S. DOT Dockets, Room PL–401, by must be capable of maintaining coverage ADDRESSES: You may send comments to using the universal resource locator on space launch vehicles from first the Office of Information and Regulatory (URL): http://dms.dot.gov. It is available motion through powered flight as a Affairs, Office of Management and 24 hours each day, 365 days each year. threshold and orbital insertion as an Budget, 725 17th Street, NW., Please follow the instructions online for objective.’’) Washington, DC 20503, Attention: DOT more information and help. An Subsequent to collecting these Desk Officer. You are asked to comment electronic copy of this document may be downloaded using a modem and requirements, DOT and DOC will on any aspect of this information suitable communications software from consolidate and prioritize requirements, collection, including: (1) Whether the the Government Printing Office with consultation from the commercial proposed collection is necessary for the Electronic Bulletin Board Service at sector, and prepare a report. This report FHWA’s performance; (2) the accuracy of the estimated burden; (3) ways for the telephone number 303–512–1661. will contain commercial requirements FHWA to enhance the quality, Internet users may reach the Federal for EWR support and modernization, usefulness, and clarity of the collected Register home page at http:// and will be provided to the Air Force information; and (4) ways that the www.nara.gov/fedreg and the such that commercial sector burden could be minimized, including Government Printing Office’s database requirements for range support and the use of electronic technology, at http://www.access.gpo.gov/nara. modernization can be considered in the without reducing the quality of the Authority: The Paperwork Reduction Act Department of Defense (DOD) collected information. of 1995; 44 U.S.C. chapter 35, as amended; requirements process. SUPPLEMENTARY INFORMATION: and 49 CFR 1.48. This request is applicable to Title: Survey of Drivers’ Attitudes on Issued on: February 7, 2003. requirements for EWR support and Speeding and Speed Limits. James R. Kabel, Abstract: The FHWA plans to enter modernization only, and not to mission Chief, Management Programs and Analysis specific requirements that may be into a cooperative agreement with the Division. State of Massachusetts to initiate a appropriately handled via the Universal [FR Doc. 03–7352 Filed 4–1–03; 8:45 am] project entitled ‘‘Demonstration and Documentation System (UDS), per Air BILLING CODE 4910–22–M Force Space Command Instruction 21– Evaluation of Rational Speed Limits,’’ to 104. be performed by the Governor’s Highway Safety Bureau of the DEPARTMENT OF TRANSPORTATION Dated: March 27, 2003. Commonwealth of Massachusetts. As Patricia G. Smith, part of this cooperative agreement, National Highway Traffic Safety Associate Administrator for Commercial information on local drivers’ attitudes Administration Space Transportation, Federal Aviation towards speeding, speed limits and Administration. enforcement will be gathered through a [Docket No. NHTSA 2002–13356; Notice 2] Dated: March 28, 2003. survey. A survey will be performed both Cooper Tire & Rubber Company, Grant Benjamin H. Wu, before and after engineering, of Application for Decision That enforcement and educational measures Deputy Under Secretary for Technology, Noncompliance Is Inconsequential to to reduce speeding are implemented. Department of Commerce. Motor Vehicle Safety The information obtained from the [FR Doc. 03–7934 Filed 4–1–03; 8:45 am] survey will help the FHWA understand Cooper Tire & Rubber Company BILLING CODE 4910–13–P the effectiveness of the measures and (Cooper) has determined that drivers’ responses to them. The approximately 956 Cooper Lifeliner responses to the survey will be Touring SLE tires in the 185/70R14 size voluntary and will not involve do not meet the labeling requirements information that is required by mandated by Federal Motor Vehicle

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Safety Standard (FMVSS) No. 109, Texarkana, Arkansas, plant identification mark of ‘‘VT.’’ The tires ‘‘New Pneumatic Tires.’’ Pursuant to 49 identification code should have been have a unique DOT identification that U.S.C. 30118(d) and 30120(h), Cooper ‘‘DOT UT.’’ The incorrect identification would permit Cooper to notify the has petitioned for a determination that mark was removed from the mold and purchasers of these tires, if registered, this noncompliance is inconsequential the correct plant identification code should they be recalled for safety to motor vehicle safety and has filed an inserted. reasons. The involved tires produced appropriate report pursuant to 49 CFR Cooper supports its application for from this mold during the part 573, ‘‘Defect and Noncompliance inconsequential noncompliance by aforementioned production period Reports.’’ Notice of receipt of the stating that all of the subject tires meet comply with all other requirements of application was published, with a 30- all requirements of FMVSS No. 109, 49 CFR 571.109. day comment period, on October 7, except the for the correct manufacturer’s In consideration of the foregoing, 2002, in the Federal Register (67 FR assigned identification mark. The NHTSA has decided that the applicant 62522). NHTSA received no comment purpose of NHTSA’s tire identification has met its burden of persuasion that on this application. mark is to identify a tire so that, if the noncompliance is inconsequential to FMVSS No. 109 (S4.3.2) requires that necessary, the appropriate action can be motor vehicle safety. Accordingly, its each tire be labeled with the name of the taken in the interest of public safety— application is granted and the applicant manufacturer, or the brand name and such as, a safety recall notice. is exempted from providing the number assigned to the manufacturer in The agency believes that in the case notification of the noncompliance as the manner specified in part 574 of a tire labeling noncompliance, the required by 49 U.S.C. 30118, and from (S574.6, Identification mark). true measure of its inconsequentiality to remedying the noncompliance, as Cooper’s Texarkana, Arkansas, tire motor vehicle safety is whether the required by 49 U.S.C. 30120. manufacturing facility had one mold mislabeling would affect the involved in production during the manufacturer’s ability to locate them, if Issued on: March 21, 2003. twelfth and thirteenth production weeks the tires were to be recalled for a Roger A. Saul, of 2002, in which the identification performance-related noncompliance or Acting Associate Administrator for mark was incorrectly stated. The subject safety-related defect. Cooper can Rulemaking. tires were molded ‘‘DOT VT.’’ The identify the involved tires with the [FR Doc. 03–7550 Filed 4–1–03; 8:45 am] correct identification mark for the incorrect manufacturer’s assigned BILLING CODE 4910–59–P

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Corrections Federal Register Vol. 68, No. 63

Wednesday, April 2, 2003

This section of the FEDERAL REGISTER DEPARTMENT OF COMMERCE Tuesday, March 11, 2003, make the contains editorial corrections of previously following correction: published Presidential, Rule, Proposed Rule, International Trade Administration On page 11521, in the table, in the and Notice documents. These corrections are second column, under ‘‘Cash deposit prepared by the Office of the Federal [A–423–808, A–122–830, A–475–822, A–580– 831, A–791–805, A–583–830] rate’’, in the fourth entry from the Register. Agency prepared corrections are 1 issued as signed documents and appear in bottom, ‘‘77%1 ’’ should read 1 the appropriate document categories Notice of Amended Antidumping Duty ‘‘37.77% ’’. elsewhere in the issue. Orders; Certain Stainless Steel Plate in [FR Doc. C3–5891 Filed 4–1–03; 8:45 am] Coils From Belgium, Canada, Italy, the BILLING CODE 1505–01–D Republic of Korea, South Africa, and Taiwan Correction In notice document 03–5891 beginning on page 11520 in the issue of

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Part II

Department of Defense Office of the Secretary

Science and Technology (S&T) Reinvention Laboratory Personnel Management Demonstration Program; Notice

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DEPARTMENT OF DEFENSE personnel policy or procedures would SUPPLEMENTARY INFORMATION: result in improved Federal personnel Office of the Secretary management. 1. Background Science and Technology (S&T) DATES: This amendment to the listed In March 2002, the Under Secretary of Reinvention Laboratory Personnel demonstration project plans may be Defense (Personnel and Readiness) Management Demonstration Program implemented as early as the date of (USD(P&R)) directed the establishment publication of the final notice of this of the Department of Defense (DoD) AGENCY: Office of the Deputy Under change in the Federal Register. Human Resources Best Practices Task Secretary of Defense (Civilian Personnel Implementation strategies will be Force. The Task Force, consisting of Policy), DoD. developed over time as appropriate. representatives from both the human ACTION: Notice of amendment of Upon implementation, and upon resources and functional communities, demonstration project plans. completion of appropriate bargaining was chartered to review all obligations for applicable bargaining demonstration projects in the Federal units, the changes in this amendment SUMMARY: Section 342 of the National government, plus alternative personnel shall supersede all previously published Defense Authorization Act for Fiscal systems such as the one in operation Year 1995, as amended by Section 1114 Federal Register notices that established or modified demonstration projects at within the National Institute of of the National Defense Authorization Standards and Technology (NIST). Act for Fiscal Year 2001, authorizes the one or more DoD S&T reinvention Secretary of Defense to conduct laboratories. The Department of Defense The purpose of this review was to personnel demonstration projects at will consider written comments if compile best practices that show Department of Defense (DoD) received no later than May 2, 2003. promise in terms of DoD’s civilian laboratories designated as Science and ADDRESSES: Send written comments to human resources strategy. The Task Technology (S&T) Reinvention Patricia M. Stewart, CPMS–AF, Suite B– Force identified best practices by Laboratories. The above-cited statute 200, 1400 Key Boulevard, Arlington, VA reviewing initiatives that have been authorizes the Department of Defense to 22209–5144. subject to testing and evaluation in conduct demonstration projects that FOR FURTHER INFORMATION CONTACT: demonstrations and alternative experiment with new and different Patricia M. Stewart, CPMS–AF, Suite B– personnel systems (APSs). The personnel management concepts to 200, 1400 Key Boulevard, Arlington, VA demonstrations and APSs the Task determine whether such changes in 22209–5144. Force reviewed are listed in Figure 1.

FIGURE 1.—DEMONSTRATION PROJECTS AND APSS REVIEWED

Type of demonstration or Demonstration or APS APS Department or agency Name of project or APS

Demonstration ...... Workforce ...... Defense ...... Civilian Acquisition Workforce (AcqDemo). Demonstration ...... Science and technology Army ...... Army Research Laboratory (ARL). reinvention lab (STRL). Demonstration ...... STRL ...... Army ...... Aviation & Missile Research, Development, & Engineering Center (AMRDEC). Demonstration ...... STRL ...... Army ...... Engineer Research & Development Center (ERDC). Demonstration ...... STRL ...... Army ...... Medical Research & Materiel Command (MRMC). Demonstration ...... STRL ...... Navy ...... Naval Research Laboratory (NRL). Demonstration ...... STRL ...... Navy ...... Naval Warfare Centers (NWC). Demonstration ...... STRL ...... Air Force ...... Air Force Research Laboratory (AFRL). Demonstration ...... Civilian agency ...... Commerce ...... Department of Commerce (DoC).* APS ...... Workforce ...... Defense ...... National Imagery & Mapping Agency (NIMA). APS ...... Civilian agency ...... Commerce ...... National Institute of Standards & Technology (NIST). * This demonstration covers units within the following four organizations: Economics and Statistics Administration, National Oceanic and At- mospheric Administration, National Telecommunications and Information Administration, and Technology Administration.

Some current APSs are not shown in Management (OPM), and union areas: (1) Pay banding; (2) classification; Figure 1. For instance, the APS at the representatives. (3) hiring and appointment authorities; General Accounting Office (GAO) was In May 2002, USD(P&R) and the (4) pay administration; (5) pay-for- not fully implemented by mid-April Under Secretary of Defense for performance evaluation system; (6) 2002, and the APSs for the Federal Acquisition, Technology, and Logistics expanded sabbatical authority; (7) Aviation Administration (FAA), Internal (USD(AT&L)) communities received the volunteer emeritus program; and (8) Revenue Service (IRS), and Bureau of Task Force’s in-process review briefing, revised reduction-in-force (RIF) Alcohol, Tobacco, and Firearms (ATF) followed in July 2002 by the Task procedures. were either recently implemented or Force’s final briefing. From August Dated: March 26, 2003. through December 2002, a steering limited in application. Finally, in Patricia L. Toppings, group of senior leaders reviewed, addition to demonstrations and APSs, revised, and approved Task Force Alternate OSD Federal Register Liaison the Task Force considered the outcome Officer, Department of Defense. products with the intention of broadly of the 1997 Personnel System Initiative applying these results as best practices. Table of Contents (PSI), a DoD-initiated collaborative 2. Overview I. Participating Organizations and Collective effort that involved the Department of Bargaining Requirements Defense, the Office of Personnel Personnel demonstration project best A. Participating Organizations practices encompass the following B. Labor-Management Responsibilities

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II. Mass Conversion to Personnel 5. Upon Assignment to and From a technology reinvention laboratories by Demonstration Project Best Practices Supervisory Position Outside the the Secretary of Defense or by any future (BP) Existing Pay Band Level applications required by law. Currently, A. Conversion of General Schedule (GS) VII. Pay-for-Performance (PFP) Evaluation there are eight science and technology System Employees reinvention laboratory demonstration 1. Determination of Career Group (CG) A. Overview 2. Determination of Pay Band Level B. Performance Objectives projects, as follows: 3. Pay Setting C. Performance Factors Department of the Army—Army 4. Fair Labor Standards Act (FLSA) 1. Technical Competence/Problem Solving Research Laboratory; Aviation and Exemption 2. Cooperation/Teamwork Missile Research, 5. Employees on Grade Retention 3. Communication 4. Customer Care Development, and Engineering Center; 6. Employees on Pay Retention Communications-Electronics 7. Employees on Temporary Promotion 5. Resource Management Command Research, B. Conversion of Employees in 6. Leadership/Supervision Organizations with Pay Banding or 7. Contribution to Mission Development, and Engineering Broadbanding Accomplishment Community; Engineer Research and 1. Determination of Career Group (CG) D. Benchmark Performance Standards Development Center; Medical 2. Determination of Pay Band Level E. Performance Rating Process Research and Materiel Command; 3. Pay Setting 1. Duration of the Rating Cycle 2. Minimum Rating Period Department of the Navy—Naval 4. Fair Labor Standards Act (FLSA) 3. Communication at the Beginning of the Research Laboratory; Naval Sea Exemption Rating Cycle Systems Warfare Centers; and 5. Titling of Positions 4. Feedback During the Rating Cycle Department of the Air Force—Air Force 6. Employees on Pay Retention 5. End-of-Cycle Evaluation 7. Temporarily Promoted Employees Research Laboratory. F. Payout Process C. One-Time Mass Conversion Exception 1. Basic Pay Increases and Performance B. Labor-Management Responsibilities Rule Incentives Participating organizations must III. Pay Banding 2. College Cooperative Education Program A. Career Groups 3. Awards fulfill any collective bargaining B. Nonsupervisory Pay Banding G. Grievance Procedures obligations to unions that represent Architecture VIII. Performance That Fails to Meet employees covered by the personnel 1. Architecture Graphic Expectations demonstration project best practices 2. Nonsupervisory Descriptors A. Notice to Employee and Performance (hereafter referred to as ‘‘best practices’’ C. Supervisory Architecture Improvement Plan or ‘‘BP’’). Employees within a unit for 1. Determination of Supervisory Status B. Action Upon Completion of which a labor organization is accorded 2. Supervisory Descriptors Performance Improvement Period exclusive recognition under chapter 71 IV. Classification System IX. Expanded Sabbatical Authority A. Occupational Series X. Volunteer Emeritus Program of title 5, United States Code, shall not B. Classification Standards XI. Revised Reduction-in-Force (RIF) be covered by this amendment unless C. Classification Authority Procedures the exclusive representative and the D. Position Descriptions A. Competitive Area participating organization have entered E. Fair Labor Standards Act (FLSA) B. Retention Level into a written agreement covering F. Pay Category Reconsideration C. Retention List participation in and implementation of V. Hiring and Appointment Authorities D. Retention Standing the personnel demonstration project A. Definitions 1. Tenure best practices. 1. Job Change—Higher Earning Potential 2. Performance 2. Job Change—No Higher Earning 3. Veterans’ Preference II. Mass Conversion to Personnel Potential E. Credit for Performance Demonstration Project Best Practices 3. Job Change—Lower Earning Potential 1. First Cycle (BP) B. Internal Placement 2. Second Cycle 1. Competition Upon Job Change 3. Third Cycle Procedures under II, Mass Conversion 2. Expanded Forms of Competition 4. Accessions After First Cycle to BP, apply only to DoD employees 3. Exceptions to Competition 5. Cutoff Dates upon initial conversion of their 4. Probation Upon Competitive Job Change F. Assignment Rights organization, or a portion thereof, into 5. Temporary Job Change XII. Evaluation Plan BP. C. External Hiring and Appointment XIII. Project Duration Authorities XIV. Required Waivers and Adaptations of A. Conversion of General Schedule (GS) 1. Delegated Examining Unit (DEU) Law and Regulation Employees Authority Appendix A. Occupational Series in Career 2. Appointing Authorities Group 2, Professional and These procedures apply only to GS D. DoD Alternative Qualifications or Administrative Management employees upon initial mass Criteria Appendix B. Occupational Series in Career organization-wide conversion into BP. Group 3, Engineering, Scientific, and VI. Pay Administration 1. Determination of Career Group (CG) A. Special Pay Rules Medical Support Appendix C. Occupational Series in Career 1. Supervisory Pay Tables General Schedule employees will be Group 4, Business and Administrative 2. Special Salary Rate Supplements Support converted into the CG that corresponds 3. Pay Retention Appendix D. Supervisory Pay Tables with the occupational series (and in B. Pay Setting some cases, GS grade) of their GS 1. Upon Accession (After Mass Conversion I. Participating Organizations and position, in accordance with III.A. and of the Organization) III.B. 2. Upon Job Change—No Higher Earning Collective Bargaining Requirements Potential A. Participating Organizations 2. Determination of Pay Band Level 3. Upon Job Change—Lower Earning Potential This amendment applies to all current General Schedule employees will be 4. Upon Job Change—Higher Earning and future organizational entities converted into the pay band level, Potential designated as DoD science and within the appropriate CG, that

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corresponds with their existing GS Existing SSRs will no longer apply to B. Conversion of Employees in grade. a BP employee when the maximum SSR Organizations With Pay Banding or Broadbanding 3. Pay Setting of the GS grade that matches the highest GS grade incorporated into a pay band Initial entry into BP will ensure each level is equal to or less than the These procedures apply only to initial mass conversion into BP of employee is placed in the appropriate maximum rate, adjusted for locality, for organizations where pay banding or CG and pay band level without loss of the pay band level. The pay of broadbanding currently exists. pay. employees in such positions will be a. Concurrent Geographic Move. For recomputed upon conversion to include 1. Determination of Career Group (CG) any employee who incurs a concurrent the full locality factor for the geographic geographic move on the date of mass Employees will be converted into the area. conversion, pay entitlements shall be career group that corresponds with the based on the new geographic area. Adverse action and pay retention occupational series of their position, in b. Concurrent Pay Actions. Any pay provisions will not apply to the accordance with III.A. and III.B. actions (e.g., within-grade increase conversion process, as there will be no (WGI)) effective on the date of change to employee total pay. 2. Determination of Pay Band Level conversion will be processed before the a. Direct Conversion. Where an conversion. 4. Fair Labor Standards Act (FLSA) Exemption organization’s existing GS-equivalent c. Within-Grade Increase (WGI) Buy- banded level matches exactly a BP pay In. Employees whose existing rate of Employees will be converted using band level in the appropriate CG, such basic pay is less than step 10 of the their existing FLSA exemption status. employees are converted directly from applicable GS grade before conversion the existing demonstration project or will receive a prorated ‘‘buy-in’’ of a 5. Employees on Grade Retention alternative personnel system (APS) into WGI, unless documented performance is BP, without change in pay. not at an acceptable level of Grade retention will terminate upon competence. Employees in a pay mass conversion into BP. Before b. Conversion Using Applicable retention status at the time of conversion into the BP, the employee’s Conversion-Out Procedures. Where GS conversion will not receive a within- pay will be adjusted by an amount equal grades included in a BP career group grade buy-in adjustment. to the prorated value of a WGI for the and pay band level do not correspond The WGI buy-in will be funded from retained grade, using procedures under directly to GS grades included in a the BP initial year’s pay pool (which II.A.3.c. The employee will be placed in banded level in an existing consists of the general pay increase). the CG and pay band level that demonstration project, employees in This ‘‘buy-in’’ is applicable to correspond to the new GS grade. If the such demonstration project positions employees only at the initial entry of the employee’s adjusted pay exceeds the will be converted to the GS using the employee’s organization into BP. rate range for the assigned pay band applicable conversion out procedures, for purposes of determining GS grade On the effective date of conversion, level, the employee will be placed on only. Such employees will then be the employee’s rate of basic pay will be pay retention not to exceed 2 years, adjusted by an amount equal to the converted into the BP CG and pay band effective on the date of conversion into level that correspond with the derived prorated value of a WGI. The amount to BP. be added to the employee’s rate of basic GS grade, without change in pay. pay is computed by determining the 6. Employees on Pay Retention 3. Pay Setting value of the elapsed creditable days in the employee’s current waiting period Employees on pay retention at the Initial entry into BP will ensure each toward the next WGI and adding that time of mass conversion are converted employee a place in the appropriate amount to the employee’s existing rate into BP to the CG and pay band level career group and pay band level without of basic pay. Using the following that correspond to their GS occupational loss of pay. series and grade. If the existing rate of formula, the WGI buy-in is calculated: a. Concurrent Geographic Move. For (Elapsed days in waiting period Number pay exceeds the maximum rate of the any employee who incurs a concurrent of days in waiting period) × Value assigned pay band level, the employee geographic move on the date of mass of WGI = Prorated value is placed in a pay retention status, not conversion, pay entitlements shall be Prorated value + Existing basic pay = to exceed 2 years from the date of based on the new geographic area. b. New basic pay upon mass conversion into BP, under provisions Concurrent Pay Actions. Any pay conversion into BP found in VI.A.3. actions effective on the date of d. Special Salary Rates (SSRs). When 7. Employees on Temporary Promotion conversion will be processed before the the maximum special salary rate (SSR) conversion. Pay will be set under of the GS grade (that matches the An employee in a temporary II.B.2.a. and under II.B.2.b. at the same highest GS grade incorporated into a promotion status will be returned to the rate of pay as the employee received pay band level) exceeds the maximum permanent position of record before under the demonstration project or APS rate, adjusted for locality, of the pay conversion. When the temporary from which the employee was band level, the maximum rate of the pay promotion is cancelled, the employee’s converted. Demonstration project or band level is extended to equal the pay will be computed based on the APS procedures to place an employee maximum SSR for the occupational employee’s permanent position of ‘‘on-step’’ in a GS grade will not be series and geographic area covered. record, with adjustments for any pay used. Employees in such positions will actions otherwise due during the 4. Fair Labor Standards Act (FLSA) receive a special salary rate supplement temporary promotion. The employee is Exemption in lieu of a locality factor for the converted to BP with a rate of pay that geographic area. SSR procedures includes any such adjustments. Employees will be converted using described at VI.A.2. will be followed. their existing FLSA exemption status.

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5. Titling of Positions III. Pay Banding associated with support of business, financial, and administrative positions, Positions with titles other than those White-collar occupations in the in addition to certain other occupations, authorized by OPM classification Department of Defense were analyzed to such as Firefighters, Security Guards, standards will be re-titled to the determine appropriate associations into and Police. A comprehensive list of appropriate, authorized title upon career groups (CGs). Career groups occupations included in CG 4 is at conversion into BP. under BP are established according to similarity in type of work and common Appendix C. 6. Employees on Pay Retention qualifications and advancement Career Group 5 (CG 5), College Employees on pay retention at the patterns. Each CG contains discrete pay Cooperative Education Program, time of mass conversion are converted band levels. includes positions in occupational series in any of the various ‘‘XX99’’ into BP to the CG and pay band level A. Career Groups that correspond to the occupational student trainee series (e.g., GS–899, Occupations with similar series and demonstration project pay Engineering and Architecture Student characteristics are grouped together into band level, using procedures in II.B.2.a. Trainee Series). five CGs under BP. The BP CGs are or II.B.2.b., as appropriate. If the described in this section. B. Nonsupervisory Pay Banding existing retained rate of pay exceeds the Career Group 1 (CG 1), Scientific and Architecture maximum rate of the assigned pay band Engineering Research, includes Pay banding will replace the current level under BP, the employee is placed positions in professional scientific, in a pay retention status not to exceed GS system of 15 grades (used for engineering, or medical occupations classification and pay setting). In each 2 years from the date of conversion, that meet the criteria of the OPM under provisions found in VI.A.3. career group, pay band levels are Research Grade Evaluation Guide or designated. These pay band levels are 7. Temporarily Promoted Employees Part III of the OPM Equipment designed to facilitate pay progression Development Grade Evaluation Guide and to allow for more competitive Employees in a temporary promotion (both available at http://www.opm.gov/ status will be returned to the permanent recruitment of quality candidates at fedclass) (or equivalent successor OPM differing rates. Career groups have either position of record before conversion. standards or guides). When the temporary promotion is three or four pay band levels that Career Group 2 (CG 2), Professional incorporate some or all of the 15 GS cancelled, the employee’s pay will be and Administrative Management, computed based on the employee’s grades, as appropriate. Comparison to includes positions in professional the GS grades was used in setting the permanent position of record, with occupations that are excluded from CG upper and lower dollar limits of each adjustments for any pay actions 1 and positions in administrative pay band level, except for the above GS– otherwise due during the temporary occupations, in addition to certain other 15 levels in CGs 1 and 2. promotion. The employee is converted positions that exceed established pay to BP with a rate of pay that includes band levels in CGs 3 and 4. A The pay range for pay band level 3 of any such adjustments. comprehensive list of occupations CG 1 and for pay band level 4 of CG 2 included in CG 2 is at Appendix A. is a minimum of 120 percent of the C. One-Time Mass Conversion minimum rate of basic pay for GS–15; Exception Rule Career Group 3 (CG 3), Engineering, Scientific, and Medical Support, and a maximum of the rate of basic pay The mass conversion procedures includes positions in occupations that for Senior Executive Service (SES) level defined in this section apply to current are associated with support of 4 (ES–4). DoD employees who will be covered by professional engineering, scientific, and Once employees are converted into BP. If application of the mass medical occupations. A comprehensive BP, GS grades will no longer apply. conversion procedures would otherwise list of occupations included in CG 3 is 1. Architecture Graphic result in loss of pay for any employee, at Appendix B. the employee is entitled to retain the Career Group 4 (CG 4), Business and The five career groups and their existing rate of pay, notwithstanding Administrative Support, includes associated pay band levels are as any other provision in this section. positions in occupations that are follows:

FIGURE 2.—ARCHITECTURE GRAPHIC

Career Group (CG) Career Group Name Level 1 Level 2 Level 3 Level 4

CG 1 ...... Science and Engineering Research ...... GS 5–12 * ...... GS 13–15 ...... Above GS–15 ... Not applicable CG 2 ...... Professional and Administrative Manage- GS 5–11 * ...... GS 12–13 ...... GS 14–15 ...... Above GS–15 ment. CG 3 ...... Engineering, Scientific, and Medical Sup- GS 1–4 ...... GS 5–7 ...... GS 8–11 ...... (GS–12 & above to CG port. 2) CG 4 ...... Business and Administrative Support ...... GS 1–4 ...... GS 5–7 ...... GS 8–10 ...... (GS–11 & above to CG 2) CG 5 ...... College Cooperative Education Program .. GS 1–5 ...... GS 6–8 ...... GS 9–11 ...... GS–12 * There is no level incorporating GS 1–4, as these grades do not represent continuing DoD work.

2. Nonsupervisory Descriptors standards and guides. Nonsupervisory of the Deputy Under Secretary of pay band level descriptors articulate Defense (Civilian Personnel Policy) Nonsupervisory pay band level characteristics of positions at the top of (ODUSD(CPP)). descriptors are used under BP instead of the pay band level. Nonsupervisory grading criteria in OPM classification descriptors are established by the Office

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C. Supervisory Architecture base level is determined by application performed, the supervisor’s career group of III.C.1.c.(1). and III.C.1.c.(2). and level will be set by the 1. Determination of Supervisory ii. Where subordinate positions nonsupervisory functions, while the Status perform substantive work in two or position will be titled and coded as a. Allocation to Pay Band Level and more CGs, first determine which CG and supervisory (or other authorized title Supervisory Level. Determining whether pay band level represent the base level designating supervision). a position is allocated to a supervisory of the substantive work of the pay schedule is predicated on supervisor’s organization. This would 2. Supervisory Descriptors supervisory level (i.e., meeting the include the primary occupational Supervisory descriptors define narrative criteria in the supervisory knowledge requirement for the limited supervision (supervisor A), first- descriptors A, B, C, or D (see III.C.2.) supervisory position. To determine the level (supervisor B), second-level and base level of work supervised). appropriate base level, first eliminate all (supervisor C), and third-level The CG and pay band level of a support positions. managerial (supervisor D), respectively. supervisory position are predicated (a) If the remaining substantive To be assigned a supervisory level, a upon the CG and level of the positions are all in one CG, use position must meet the narrative criteria nonsupervisory workforce in the III.C.1.c.(1). and III.C.1.c.(2). to in the descriptor and perform such supervisor’s organization. The difficulty determine which pay band level of the supervisory functions a significant and worth of a supervisory position are CG constitutes the base level of work. portion of the time. Supervisory directly related to the difficulty and (b) If the remaining substantive descriptors are established by worth of the work accomplished by the positions are in two or more CGs, apply ODUSD(CPP). subordinate workforce. A supervisory III.C.1.c.(1). and III.C.1.c.(2). to all position in an administrative substantive positions in the supervisor’s IV. Classification System occupation may supervise work of a organization to determine which CG and Personnel Demonstration Project Best professional nature. pay band level constitute the base level Practices uses OPM occupational series The CG and pay band level of a full of work. and titles for allocation of positions. deputy are normally the same CG, Once the base level is determined, the Allocation of BP positions to the supervisory level, and supervisory pay position’s supervisory functions are appropriate pay band level and table as the supervisory position to compared to supervisory descriptors supervisory pay table uses BP criteria which it reports. Pay for the full deputy (see III.C.2.) to determine the instead of OPM grading criteria. position may be set at any point within appropriate level, i.e., A, B, C, or D. Career group and pay band level of the A. Occupational Series the pay table range management deems base level, in combination with appropriate. There is no requirement OPM occupational series definitions, supervisory level, determines the that the deputy’s pay equal the pay of series codes, and authorized titles will supervisory pay schedule that applies the supervisory position. Where a full be used under BP, as well as the OPM (see Appendix D). Supervisory deputy reports to a position outside this designations of white-collar descriptors are established by system (e.g., military officer or member occupational series as professional, ODUSD(CPP). of the SES), the full deputy position will administrative, technical, clerical, or e. Adjustment to Supervisory Pay other. be compared directly to the supervisory Table. When application of base level descriptors and criteria for base level criteria results in assignment to a B. Classification Standards determination to decide the supervisory supervisory pay table with a lower The present system of OPM pay table. maximum rate of basic pay than one classification standards will be used for b. Substantive Work. It is necessary to subordinate employee, the maximum determination of occupational series determine the functions that best rate of the supervisory pay table may be and position titles in BP. References in represent the substantive work of the extended to match or exceed the the OPM position classification supervisor’s organization, i.e., the work maximum rate of pay of the highest CG standards to grading criteria will not be that accomplishes the organization’s and level supervised by up to ten used. Rather, the nonsupervisory and primary mission. Substantive work can percent. When a subordinate employee supervisory descriptors (in combination be performed by Federal civilian is on pay retention, and the appropriate with base level determinations) will be employees, as well as by contractor supervisory pay table does not exceed used for the purpose of determining pay personnel and military personnel. In that subordinate’s retained rate of pay, band level and pay table. The determining the substantive work of the management has the discretion to set nonsupervisory descriptors are derived organization, do not include positions the supervisor’s pay (including from the OPM Primary Standard of the that perform services that facilitate the supervisory adjustment) ten percent Factor Evaluation System. Under this substantive work of the unit, such as above the pay of the employee for the system, each pay band level and clerical support positions in an duration of the period that the supervisory level is represented by a administrative unit, or budget or subordinate employee remains on pay descriptor, against which individual information technology positions in an retention. positions are compared in order to engineering design unit. f. Allocation Based on establish the appropriate level. c. Base Level of Work. Base level is Nonsupervisory Duties. Some Consequently, the need for use of OPM defined as the highest CG and pay band supervisory positions perform grading criteria is eliminated. level of nonsupervisory work that meets nonsupervisory work in addition to both of the following criteria: (1) It is their supervisory functions. When C. Classification Authority performed by two or more subordinate application of base level criteria to a Under BP, classification authority positions; and (2) it constitutes at least supervisor A or B position results in a flows from the Secretary of Defense to 25 percent of the organization’s supervisory pay schedule with a the Secretaries of the Military substantive positions. maximum rate lower than the maximum Departments, heads of the Defense d. Determination of Base Level. i. If all rate of pay for the CG and pay band agencies, and heads of DoD Field subordinate positions are in a single CG, level of nonsupervisory work Activities with independent appointing

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authority. This authority may be of time. The Department of Defense will change—no higher earning potential. redelegated. make final pay category determination Competition is not required for a job decisions within 60 calendar days from change—lower earning potential. D. Position Descriptions date of receipt of a complete file. Pay 2. Expanded Forms of Competition Position descriptions are used to category reconsideration decisions will document major duties in writing. A use OPM criteria to determine pay Competitive procedures and plans position description is a statement of system, occupational series, and title. under 5 CFR 335 will be supplemented duties that accurately describes the level Career group and pay band level by the procedures listed below. of work of a position; has been certified decisions under the pay category a. Assessment Boards. Boards of (signed) by the supervisor; and is reconsideration process will be based on individuals with appropriate levels of adequate for determination of BP career group definitions, pay band knowledge may convene to assess occupational series, title, career group, level descriptors, and other BP criteria, candidates for current and future pay band level, and supervisory as appropriate. advancement and distinguish among schedule. Under a request to DoD CPMS for BP them for job changes to positions and duties with higher earning potential. E. Fair Labor Standards Act (FLSA) pay category reconsideration, an employee may not request review of the Ranking and selection criteria must Fair Labor Standards Act (FLSA) accuracy of his/her position description, distinguish among employees. exemption determinations will be made the BP allocation or pay-setting criteria, Employees selected must meet consistent with criteria in Title 5 of the the propriety of a salary schedule, or qualification standards. An assessment Code of Federal Regulations (CFR), part matters grievable under an board may be held in conjunction with 551. All employees are covered by the administrative or negotiated grievance the annual performance appraisal FLSA unless they meet criteria for procedure or an alternative dispute process or convened on an ad hoc basis. exemption. Exemption status of resolution procedure. Candidates will be assessed based on individual positions will be evaluated order of merit, and can be assigned to by comparing duties and V. Hiring and Appointment Authorities positions with higher earning potential responsibilities assigned, the pay band A. Definitions without further competitive procedures. level descriptors, and the 5 CFR part b. Alternative Certification Process 551 FLSA criteria. The current terms of promotion, (ACP). Two alternative certification reassignment, and change to lower grade F. Pay Category Reconsideration processes are described: that are used to describe an employee’s i. Management may name request an An employee may request movement from one position to another individual using an ACP. Since reconsideration of the pay system, will be replaced with the following to management has the right to consider occupational series, title, or pay band describe more appropriately movement candidates from any appropriate source level of his/her own position at any within a pay banded environment. of agency employees, an employee may time. An employee must raise the areas 1. Job Change—Higher Earning Potential be selected, absent formal certification, of concern to the first-line supervisor, a provided the employee is within the supervisor at supervisor level B or Movement to a position with higher highest quality group for referral for the above, or military equivalent. earning potential (e.g., CG 2, level 1 to position. Documentation to support the Employees who are not satisfied with CG 1, level 1; CG 1, level 1 to CG 1, level action includes the source of the supervisor’s response may then 2). candidates, name request, and request a DoD decision-level 2. Job Change—No Higher Earning documentation showing the individual reconsideration of the pay category Potential meets the required criteria. determination. The DoD Civilian Movement from one position to ii. A second ACP allows positions to Personnel Management Service (CPMS), be filled competitively without issuing Field Advisory Services (FAS) Division, another with no higher earning potential (e.g., CG 3, level 2 to CG 4, level 2). a formal vacancy announcement. This is the final level of pay category process may be used when the work reconsideration under BP. Decisions by 3. Job Change—Lower Earning Potential unit from which the position will be DoD CPMS FAS are final and binding Movement from one position to filled is such that the selecting official on all administrative, certifying, payroll, another with lower earning potential has had the opportunity to observe and disbursing, and accounting officials of (e.g., CG 1, level 1 to CG 2, level 1). assess all potential applicants, thus the Department of Defense. A position is defined by career group, enabling the selecting official to Employees may file a request for pay pay band level, title, and series. Job evaluate each candidate equitably. The category reconsideration at any time. change does not include assignment or selecting official must possess enough However, when the issue involves a loss termination of supervisory or locality information about the knowledges, in pay, employees must request pay. skills, abilities, and experience of each reconsideration no later than 15 of the candidates being considered to calendar days after the effective date of B. Internal Placement ensure they are assessed fairly. The the subject personnel action in order to The following rules will be used to selecting official must also know that preserve any entitlement to retroactive determine when competitive procedures there will be a sufficient number of correction. Employees must submit are required for job change and when qualified candidates to consider without requests for pay category they are not. Job change does not formally announcing the vacancy. This reconsideration through the supporting include assignment of supervisory or determination will be made in human resources office. Supporting locality pay. conjunction with the human resources human resources offices will forward office. case files to the Department of Defense 1. Competition Upon Job Change for decision within 30 days of receipt of Competition, or an exception to 3. Exceptions to Competition the employee’s formal request for pay competitive procedures, is required for Job change (higher earning potential) category reconsideration, unless DoD a job change—higher earning potential. will be processed under competitive deciding officials grant a longer period Competition is not required for a job procedures in accordance with merit

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principles and requirements of merit agreement that has the approval of the starts the new probationary period on promotion plans and procedures of the appropriate local authority. the effective date of the assignment. BP. The following actions are excepted No employee will be required to serve 4. Probation Upon Competitive Job from such competitive procedures: the probationary period for competitive Change a. Job change to a position that is in job change upon initial mass conversion the same pay band/level and career a. Basic Requirements. An employee of their organization, or a portion group (or equivalent in another pay is required to serve a 1-year thereof, into BP. system) as the employee previously held probationary period upon each d. Appeals. An employee who is on a permanent basis within the competitive job change to a position returned to a position from which competitive service. with higher earning potential. This competitively assigned is not entitled to b. Job change to a position having probationary period will apply to all appeal rights. higher earning potential no greater than competitive job changes. For a job e. A job change returning an employee the potential of a position an employee change to a position with higher earning to his/her former CG/pay band level currently holds or previously held on a potential which is identified as an may include pay increase, pay decrease, permanent basis in the competitive exception to competitive procedures the or no change in pay. selecting official, in coordination with service. 5. Temporary Job Change c. Job change without current the human resources office, may, at his/ competition when the employee was her discretion, require an employee to Temporary job changes may be made appointed through competitive serve a probationary period of up to 1 to cover time-limited needs. Temporary procedures to a position with a year. job changes (higher earning potential) documented career ladder. An employee who has an additional are permitted for up to 1 year and may d. Temporary job change for 1 year job change to a position with no higher be extended for up to 1 additional year (and any approved extension as earning potential following the with the approval of the second level provided for in V.B.5.) to a position competitive job change will be required supervisor. Temporary job changes with higher earning potential. to complete the 1 year probationary effected under this authority may not be e. Job change based on employee’s period, except for those serving on the made permanent. A temporary job position being officially established at a discretionary probationary period. An change may include pay increase, pay higher earning level because of employee serving on a discretionary decrease, or no change in pay. If the job additional duties and responsibilities. probationary period as a result of a job change is voluntary and results in a f. Job change resulting from the change to a position with higher earning decrease in pay, appeal rights do not correction of an initial classification or potential (made as an exception to apply. pay category or level error, or the competitive procedures) will be C. External Hiring and Appointment issuance of new classification standards considered to have completed the Authorities or supervisory and nonsupervisory probationary period. descriptors. This requirement does not apply upon 1. Delegated Examining Unit (DEU) g. Job change of a candidate not given assignment of supervisory duties within Authority proper consideration in a competitive the same CG and pay band level. Examining processes under the DEU action. The duration of the probationary authority may be used to fill positions, h. Individual conversion into system: period may be extended only under with the exception of the following: Job change into a career group/level exceptional circumstances. positions in the SES or the Executive with higher earning potential within the The employee is to be given notice of Assignment System; Senior Level (SL) employee’s current series for the probationary period requirement and Scientific or Professional (ST) movements into the system after the before entering the position. positions; positions at CG 1, level 3 and mass conversion, e.g., GS–201–12 b. Failure to Complete the CG 2, level 4; Administrative Law Judge employee with FAA entering CG–201–2, Probationary Period. Satisfactory positions; and positions subject to any level 2 position. Absent this provision, completion of the probationary period is examining process covered by court there is no equivalent grade to which a prerequisite for continued service in order. the employee could be assigned the position. An employee who, for a. Referral of All Candidates. At noncompetitively. (This is equal to reasons of performance, does not management’s option, all qualified movement provided employees upon satisfactorily complete the probationary candidates may be referred to the mass conversion). period is entitled to placement in a selecting official by the human i. Job change from one career group to position no lower than the CG and pay resources support organization. another when the series appears in two band level (or equivalent from another When there are no veterans’ different career groups, e.g., CG 2, level pay system) the employee left before preference eligible applicants and when 1 into CG 1, level 1. accepting the position. requested by management, all qualified j. Job change of an employee one level c. Relationship to Other Probationary candidates are referred for above the pay category of the position Period Requirements. In the event an consideration. Managers must document when the employee adds a significant employee is serving the initial the basis for selection. value to the organization that goes probationary period for career When there are applicants entitled to beyond the classifiable duties of the appointment (see V.C.2.a.) concurrently 5 or 10 point veterans’ preference, other position. with the probation upon competitive job than those with a compensable service- k. Job change as a result of a decision change, the initial probationary period connected disability of 10 percent or in a negotiated or agency grievance takes precedence. more, evaluation, including adding procedure, or by a court or For an employee who has a job veterans’ preference points, will be administrative forum with authority to change while serving a probationary accomplished by the human resources issue such decisions, as the result of the period based on a previous job change, office before referral to selecting equal employment opportunity (EEO) that probationary period is considered officials. For scientific and professional complaint process, or written settlement to have been met and the employee positions equivalent to GS–9 or higher,

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evaluation, including adding veterans’ will use the career appointment the requirement for up to 3 years of preference points, will be accomplished authority for employees upon initial substantially continuous service. The by the human resources office before appointment other than to temporary, length of time served on career referral to selecting officials. For all term, or indefinite positions in the conditional appointment will count other positions, where there are competitive service. An employee on toward the probationary requirement. disabled veterans who have a his/her initial career appointment under iii. Completion of Probationary compensable service-connected this authority is appointed as a career Period: The probationary period ends disability of 10 percent or more, they employee subject to an initial when the employee completes the shall be listed at the top of the list in probationary period of up to 3 years to scheduled tour of duty on the day before order of their ratings, including allow supervisors an adequate amount the applicable anniversary date of the preference points. The names of of time to fully evaluate an employee’s employee’s appointment. For example, preference eligibles shall be entered performance and conduct. when the last workday is a Friday and ahead of others having the same rating. The Department of Defense shall the anniversary date is the following Where a preference eligible is listed utilize the probationary period as fully Monday, the probationer must be above a nonpreference eligible on any as possible to determine the fitness of separated before the end of the tour of referral list, the preference eligible the employee. An employee who fails to duty on Friday. cannot be passed over for selection demonstrate fitness or whose work Employees who have served without application of passover performance is unsatisfactory shall be continuously the length of time required procedures as authorized by the separated. The employee will be for probation on a competitively filled Department of Defense. notified in writing why a separation modified term appointment will be b. Categorical Rating, Ranking, and action is being taken and the effective considered to have met the probationary Referral. When rating and ranking is date of the action. The information in period upon conversion to permanent accomplished, candidates who meet the notification shall, at a minimum, status. basic (minimum) qualifications shall be consist of conclusions as to the iv. Extensions: The probationary assigned to one of three previously inadequacies of performance or period required for new appointments is defined quality group categories (best conduct. up to 3 years and may be extended only qualified, highly qualified, or qualified), i. Permanent Status: A newly under rare circumstances as provided depending upon the quality and appointed employee must serve for up for in DoD guidance. relevance of their qualifications to the to 3 years of substantially continuous v. Tenure: Probationary career job. Candidates may be further ranked creditable service as a probationary employees are in tenure group I for within each quality group. Veterans’ employee. A single break in creditable reduction in force purposes. preference points will be added to the service of more than 30 calendar days vi. Appeals: A probationary employee candidate’s overall score. Addition of will require the beginning of a new may appeal to the Merit Systems veterans’ preference points does not probationary period of up to 3 years Protection Board (MSPB) an agency impact the quality group assignment. upon reappointment. Permanent status decision to terminate the employee as For other than scientific and is acquired only under a permanent outlined in 5 CFR 315.806. professional positions equivalent to GS– appointment in the competitive service b. Modified Term Appointment. The 9 or higher, qualified preference- after completing the probationary modified term appointment is designed eligibles who have a compensable period. to be used to augment the existing service-connected disability of 10 ii. Creditable Service: Prior Federal workforce; for special projects, staffing percent or more shall be listed at the top civilian service (including new or existing programs of limited of their quality group. For all positions, nonappropriated fund, temporary, or duration; filling a position in activities candidates will be referred by quality modified term service) will count undergoing review for reduction or group. toward the completion of the closure; and replacing permanent Selecting officials should be provided probationary period as long as there has employees who have been temporarily with a reasonable number of qualified been no break in service. assigned to other positions, are on candidates from which to choose. All The following provisions apply to the extended leave, or have entered military candidates in the highest quality group completion of an initial probationary service. Modified term appointments will be referred for consideration. If period under special circumstances: differ from term appointments as management determines there are Excepted service employment leading described in 5 CFR part 316 in that insufficient numbers of candidates in to career status in the competitive initially they are for a period of over one the highest group, candidates in the service will count toward the year but not to exceed 5 years, rather next lower group(s) may also be completion of the initial probationary than the traditional 4 years. The referred. When more than one group is period as long as there has been no appointing official is authorized to referred, candidates shall be identified break in service of more than 30 extend the modified term for 1 in group order from the best-qualified to calendar days. additional year to a maximum length of the qualified group. Intermittent employment, i.e., 6 years. Where a preference eligible is listed employment without a regularly Absent any DoD specific eligibility or above a nonpreference eligible on any scheduled tour of duty, will count qualifications criteria, appointees must referral list, the preference eligible toward completion of the initial meet OPM qualifications and eligibility cannot be passed over for selection probationary period of up to 3 years, requirements for the pay band level and without application of passover calculating each day or part of a day in occupation to which appointed. procedures as authorized by the pay status as 1 day of credit toward the i. Noncompetitive modified term Department of Defense. requirement of up to 780 days in a pay appointments. For time-limited needs, status. term appointments may be made 2. Appointing Authorities Employees serving on career noncompetitively for up to 5 years, with a. Career Appointment and Initial conditional appointments in other extensions authorized for up to 1 Probationary Period. Personnel agencies will not be converted to additional year. Further extensions will Demonstration Project Best Practices permanent status until they have met not be permitted using the

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noncompetitive authority. Notice of merit principle of fair and open i. There is a severe shortage of positions to be filled under the competition. candidates; noncompetitive term appointment Absent any DoD specific eligibility or ii. The position is unique and/or has authority shall be made to ensure the qualifications criteria, appointees must special qualifications; merit principle of fair and open meet OPM qualifications and eligibility iii. The position has a historically competition. Employees appointed requirements for the pay band level and high turnover rate; under this authority may not be occupation to which appointed. iv. The occupation is covered by a converted to career appointments. Time Any candidate who is eligible for special salary rate; served may be used to satisfy the veterans’ preference under 5 U.S.C. v. An exceptional need exists. probationary period service requirement 2108 shall be considered ahead of Requirements for determining consistent with probationary period candidates who are not eligible for exceptional need will be detailed in guidance. Any candidate who is eligible preference. DoD guidance. for veterans’ preference under Title 5 of Appointments made under this In all cases, the servicing personnel the United States Code (U.S.C.), Section authority do not confer competitive office, in consultation with the activity/ 2108 shall be considered ahead of status. Time served may be used to organization manager, will determine if candidates who are not eligible for satisfy the probationary period service a position or group of positions meets preference. requirement consistent with the established criteria and will ii. Competitive modified term probationary period guidance above. authorize the use of on-the-spot hiring. All determinations must be appointments. Rating, ranking, and d. Scholastic Achievement documented. referral for competitive modified term Appointment. The scholastic Advance notice of on-the-spot appointments will be conducted in achievement appointment provides an appointing authority and positions for accordance with provisions contained alternative examining process to which it may be used shall be made to in V.C.1. Employees hired under this appoint candidates with bachelor or ensure the merit principle of fair and modified term appointment authority advanced degrees. Advance notice of may be eligible for conversion to career open competition. scholastic achievement appointment Absent any DoD specific eligibility or appointments without further external and positions to be filled shall be made competition. qualifications criteria, appointees must to ensure the merit principle of fair and meet OPM qualifications and eligibility To be eligible for conversion to a open competition. A candidate may be career appointment, the employee must: requirements for the pay band level and appointed under this procedure if: occupation to which appointed. (a) Have been selected for the term i. The candidate meets the minimum position under competitive procedures, Any candidate who is eligible for standards for the positions as (a) veterans’ preference under 5 U.S.C. with the announcement specifically published in OPM’s Operating Manual, stating that the individual(s) selected for 2108 shall be considered ahead of ‘‘Qualification Standards for General candidates who are not eligible for the term position(s) may be eligible for Schedule Positions,’’ (available at conversion to career appointment at a preference. www.opm.gov/qualifications) or (b) f. Use of Other Appointing later date; established in DoD alternative (b) Have served 1 year of continuous Authorities. Nothing in BP shall qualifications or criteria for specific service in the term position; and prohibit use of existing competitive (c) Have a current assessment occupations and/or tailored to the pay service appointing authorities cited in documenting adequate performance. banding architecture; various provisions of 5 CFR (e.g., a Conversion to a career appointment ii. The candidate meets any selective preference eligible under Veterans’ may be made: placement factors stated in the vacancy Employment Opportunity Act (5 CFR (a) To a permanent position in the announcement; and 315.611), a family member who served same occupational series, CG, and pay iii. The candidate has an overall grade 52 weeks overseas (5 CFR 315.608)) band level, or point average of 3.0 or better on a 4.0 except to the extent that career- (b) Through internal merit scale (or equivalent on a different scale) conditional appointments shall not be procedures. New modified term grade point average overall, or has either used. Conditions for granting such employees shall serve the initial a 3.5 or better cumulative grade point appointments must be fully met. probationary period of up to 3 years average on a 4.0 scale (or the equivalent Nothing in BP shall prohibit use of currently in use for career appointments on a different scale) in the field of study existing excepted service appointing under this personnel system. Service qualifying for the occupation, or is authorities cited in 5 CFR 213 (e.g., under the modified term appointment ranked in the upper 10 percent of the Veterans’ Readjustment Appointment, immediately preceding a permanent major college or subdivision attended. Student Educational Employment appointment without a break in service Scholastic achievement appointments Program). Conditions for granting such shall count toward the probationary may also be made on the basis of appointments must be fully met. period requirements of the permanent graduate education, provided the g. Noncitizen Hires. The Department position provided performance is criteria in V.C.2.d.i. through V.C.2.d.iii. of Defense will have the authority to adequate. are met. approve the hiring of noncitizens when c. Noncompetitive Temporary Any candidate who is eligible for qualified United States citizens are not Appointment. For time-limited needs, veterans’ preference under 5 U.S.C. available. As with current 5 CFR temporary appointments may be made 2108 shall be considered ahead of requirements, a noncitizen may be noncompetitively for up to 1 year, with candidates who are not eligible for appointed only if it has been extensions authorized for up to 1 preference. determined there are no qualified additional year. Further extensions will e. On-the-spot hiring. Candidates may United States citizens. If a noncitizen is not be permitted using the be directly appointed using the on-the- the only qualified candidate for the noncompetitive authority. Advance spot appointing authority to positions position, the candidate may be notice of positions to be filled under the for which it has been determined that appointed. The selection is subject to noncompetitive temporary appointment one or more of the following conditions approval by the appointing official. All authority shall be made to ensure the apply: security requirements otherwise

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applicable to the position continue to elimination of a supervisory adjustment Employees paid from a supervisory apply. upon movement to a new position is not pay table are not eligible for pay appealable. retention. (See VI.A.1.) D. DoD Alternative Qualifications or If levels of supervision are established Criteria that the supervisory pay tables at B. Pay Setting DoD has authority to develop Appendix D do not anticipate, e.g., a 1. Upon Accession (After Mass qualification standards consistent with supervisor B position over CG 1, level Conversion of the Organization) the pay banding architecture of the BP 1 base level, or a supervisor C position Management may establish pay at any or to meet unique position over CG 3, level 1 base level, the rate up to the maximum of the pay band requirements. supervisory pay adjustment may be set up to 20 percent above the maximum level, any applicable SSR extension, or VI. Pay Administration rate of pay established for the base level any applicable rate from a supervisory As the rates of the General Schedule supervised. pay table. The hiring official will are increased due to GS pay increases, determine starting pay based on 2. Special Salary Rate Supplements the minimum and maximum rates of available labor market considerations; nonsupervisory pay band levels and When a maximum SSR rate of a GS special qualifications requirements; supervisory pay tables will also grade exceeds the maximum rate of the scarcity of qualified applicants; program increase. No adjustments in employees’ corresponding pay band level under BP, needs; education or experience of the pay are automatic, other than locality the maximum rate of that pay band level candidate; and other criteria, as adjustments. is extended to equal the maximum SSR appropriate. rate for that grade. Such extension will A. Special Pay Rules 2. Upon Job Change—No Higher Earning apply only to occupational series and Potential 1. Supervisory Pay Tables geographic areas covered by the corresponding GS SSR. Affected An employee who moves to a position Once the base level of work and employees will be eligible for pay with the same maximum rate of pay supervisor level (A, B, C, or D) are increases up to the maximum of the (irrespective of a SSR extension) will determined, the table at Appendix D is applicable pay band level table have pay set at the existing rate of pay, used to determine the salary range extension. Total pay for these or with a pay increase up to 5 percent (basic pay and supervisory adjustment) employees will include an SSR of the existing rate, not to exceed the for the supervisory position. For supplement. maximum of the pay band level or the supervisory positions in occupational a. Formula Upon Conversion. When applicable SSR extension. series covered by a special salary rate an employee is eligible for an SSR supplement, as defined in VI.A.2., the 3. Upon Job Change-Lower Earning supplement upon conversion into BP, Potential maximum rate of the applicable the BP total pay will include an SSR supervisory pay table may be extended supplement that is determined by a. Voluntary. An employee may to equal the maximum special salary applying an SSR factor to the request a voluntary change to a position rate for the corresponding grade. A employee’s total GS pay. with a lower maximum rate of pay. The supervisor’s pay may be set at any point b. Formula After Conversion. After employee’s pay may be set at any point within the supervisory pay table range conversion, when an employee enters a within the level but not more than 5 that management determines position that is covered by an SSR pay percent above the employee’s current appropriate. The supervisory rate ranges band level extension, the employee will base pay. The new salary shall not include a supervisory adjustment that receive the salary set by the supervisor exceed the maximum rate of the corresponds to the supervisory level as the BP total pay. The BP total pay applicable pay table for the position to (i.e., 10, 20, 30, or 45 percent will incorporate an SSR supplement. which assigned. supervisory adjustment for supervisor c. Applicability. Special salary rate b. Involuntary-Adverse Action. When A, B, C, or D, respectively). The supplements do not apply when the an employee is changed, due to an supervisor’s total pay will not exceed maximum SSR of a corresponding GS adverse personnel action based on the maximum rate of the applicable grade is equal to or less than the either misconduct or poor performance, supervisory pay table, adjusted for maximum rate of a corresponding pay to a position with a lower maximum locality, except under circumstances band level. Total pay, in this case, will rate of pay, pay retention will not apply. that meet III.C.1.e., Adjustment to consist of basic pay plus locality pay. The employee’s pay must be reduced by Supervisory Pay Tables. Supervisory up to five percent. However, in no case adjustments are considered basic pay for 3. Pay Retention will pay be set above the maximum rate purposes of retirement, life insurance, A nonsupervisory employee, under of the new range. premium pay and for such other appointment other than temporary or c. Involuntary—Inadequate Pay purposes as may be expressly provided modified term, is entitled to pay Progression. As a consequence of the for by law. retention when placed involuntarily administration of the performance If the employee moves to another into a new position for reasons other payout process, an employee’s basic pay position, the supervisory adjustment than those listed under VI.B.3.b. and the may fall below the minimum rate of shall be increased, reduced, or employee’s current pay is above the basic pay for the pay band level to terminated as required under conditions maximum rate applicable to the new which he/she is assigned. In such cases, set forth by the agency. The supervisory position. The pay retention entitlement supervisors shall initiate an involuntary adjustment shall terminate when the is not to exceed 2 years, or until the rate change to lower level promptly after the employee moves to a position that does range of the new position encompasses pay pool manager approves the annual not qualify for a supervisory adjustment the employee’s retained rate of pay, payout; the employee’s position and the adjustment shall be recomputed whichever occurs first. During pay description shall be redescribed when the employee moves to a retention, an employee is not eligible for accordingly. The employee’s rate of supervisory position at a different any permanent pay increases, other than basic pay shall remain unchanged. supervisory level. The reduction or locality adjustments. Change to a lower pay band level due

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to inadequate pay progression is not c. Supervisory to Supervisory cycle. It is appropriate to change considered an adverse action. Position. When an employee paid from objectives when mission or workload d. Involuntary-Management Action. If a supervisory pay table moves to changes occur. How well performance a job change is the result of a another position paid from a objectives are accomplished will be management directed action, e.g., supervisory pay table, pay will be measured by a series of performance reduction in force or pay category within the applicable new rate range to factors, which may be weighted. reconsideration, a nonsupervisory include a supervisory adjustment that C. Performance Factors employee is entitled to his/her current corresponds to the supervisory level rate of pay if it is at or below the (i.e., 10, 20, 30, or 45 percent for Performance factors are used to maximum of the applicable pay table for supervisor A, B, C, or D, respectively). evaluate accomplishment of the new position. If the employee’s rate performance objectives. The use of of basic pay exceeds the maximum VII. Pay-for-Performance (PFP) factors for scoring purposes helps to applicable rate for the new position, the Evaluation System ensure comparable scores are assigned employee is entitled to pay retention not A. Overview while accommodating diverse to exceed 2 years. (See VI.B.5.a. and individual objectives that contribute to VI.B.5.c. for job change—lower earning The purpose of the PFP evaluation accomplishment of the mission and potential involving supervisors.) system is to provide an equitable goals of the organization. The DoD method for appraising and Component has the discretion to weight 4. Upon Job Change—Higher Earning compensating covered employees. It is performance factors based on the Potential essential for the development of a importance in accomplishing an When an employee moves to a highly productive workforce and to individual’s performance objectives. position with a higher maximum rate of provide management, at the lowest This discretion may be redelegated. pay, the pay upon job change may practical level, the authority, control, When weighting performance factors, include a pay increase, a pay decrease, and flexibility needed to accomplish the each performance factor used is or no change in pay. The pay will be at mission and meet organizational goals, assigned a weight within a specified least the minimum of the pay band including the requirements of the range. Where performance factors are level, and may not exceed the maximum organization’s strategic plan. PFP allows not weighted, it is understood that all of the applicable pay table. If the job for more employee involvement in the factors used are of equal point value. change is voluntary and results in a evaluation process, increases The total value of all performance decrease in pay, it is not considered an communication between supervisor and factors used, weighted or unweighted, is adverse action; therefore, appeal rights employee, promotes a clear 100 points. do not apply. accountability of contribution by each The seven performance factors used to employee, facilitates employee 5. Upon Assignment to and from a evaluate accomplishment of progression by linking individual performance objectives are as follows: Supervisory Position Outside the employee performance to mission Existing Pay Band Level Technical Competence/Problem accomplishment, and provides an Solving; Cooperation/Teamwork; a. Supervisory to Nonsupervisory understandable basis for salary and Communication; Customer Care; Position. When an employee paid from structural changes. Resource Management; Leadership/ a supervisory pay table moves to a B. Performance Objectives Supervision; and Contribution to nonsupervisory position, the Mission Accomplishment. Additional supervisory adjustment will not be Performance objectives are an factors may not be created without retained. Pay will be set at the individual’s job assignments or position Office of the Secretary of Defense employee’s existing rate of basic pay or responsibilities that contribute to approval. However, management may at the employee’s rate of basic pay in a accomplishing the mission and goals of exclude any performance factor that nonsupervisory position immediately the organization during the rating cycle. does not apply to a specific position. preceding the prior movement to the Performance objectives deal with These seven performance factors are supervisory position, whichever is outputs and outcomes of a particular generally described: higher. If the employee’s rate of basic job. At the beginning of the rating cycle, pay exceeds the new rate range, pay will employees and supervisors will jointly 1. Technical Competence/Problem be set at the maximum of the pay band develop performance objectives that Solving level. reflect the types of duties and Demonstrates the knowledge and b. Nonsupervisory to Supervisory responsibilities expected at the skills required to execute the position’s Position. When an employee paid from respective pay band level. These assigned duties and responsibilities; a nonsupervisory pay table moves to a objectives are to be based on the work ability to apply the knowledge and supervisory position, pay will be set at unit’s mission and goals and must be skills to solve problems. Exhibits and the employee’s existing rate of basic consistent with the employee’s position maintains current technical knowledge, pay, or a rate determined by description. Performance objectives will skills, and abilities to produce timely management not to exceed the be tailored to each individual and quality work with the appropriate maximum of the applicable supervisory employee’s job assignments or position level of supervision. Makes prompt, pay table. If the employee’s existing rate responsibilities. The supervisor makes technically sound decisions and of pay exceeds the maximum of the the final decision concerning the recommendations that add value to applicable supervisory pay table, and development of performance objectives. mission priorities and needs. Flexibility, the employee is placed involuntarily for The performance objectives, adaptability, and decision-making are reasons other than VI.B.3.b., the representing joint efforts of employees exercised appropriately. employee’s pay will be set not to exceed and their rating chains, should be in 20 percent above the maximum rate place within 30 days from the beginning 2. Cooperation/Teamwork payable for the subordinate base level of each rating cycle. Performance Demonstrates traits of flexibility, for a period not to exceed 2 years, as a objectives may be modified and/or adaptability, and decisiveness and the supervisory adjustment. changed as appropriate during the rating ability to exhibit and foster cooperation

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in team efforts and organizational skills within the environment to include 3. Communication at the Beginning of settings. Personal and organizational sensitivity to diversity and to ensure the Rating Cycle interactions exhibit and foster equity and fairness, as appropriate. Within 30 days from the beginning of cooperation and teamwork. Accepts (Description VII.C.6.a. may be applied to each rating cycle, the performance personal responsibility for assigned all employees, e.g., employee leads factors and benchmark performance tasks. Is considerate of others’ views and work group on special projects ensuring standards should be provided to open to compromise on areas of organizational mission and program employees, so that they know the basis difference. Exercises tact and diplomacy success; employee effectively represents on which their performance and and maintains effective relationships, the interests of the organization on contributions will be assessed. At this particularly in immediate work inter-agency groups, etc.) time, employees and supervisors will environment and/or teaming situations. b. Works toward recruiting, jointly develop performance objectives Readily/willingly gives assistance. developing, motivating, and training as noted in VII.B. Supervisors are Shows appropriate respect and courtesy. quality employees; initiates timely/ encouraged to cite specific examples to appropriate personnel actions; applies 3. Communication each employee of how to achieve the EEO/merit principles; communicates Demonstrates effective listening, benchmark performance standards at mission and organizational goals; by each level of performance. The writing, and oral communication skills. example, creates a positive, safe, and Provides or exchanges oral/written ideas supervisor will define or clarify key challenging work environment; terms for the employee. and information that are timely, distributes work and empowers accurate, and easily understood. Listens employees. (Description VII.C.6.b. may 4. Feedback During the Rating Cycle effectively so that resultant actions only be applied to supervisory/ The supervisor may provide on-going show understanding of what was said. designated team leader positions.) feedback as necessary to employees on Coordinates so that all relevant how well they are accomplishing individuals and functions are included 7. Contribution to Mission performance objectives. Additionally, in, and informed of, decisions and Accomplishment employees may request periodic actions. Executes the position’s assigned feedback on how well they are 4. Customer Care duties in a manner that contributes to performing. If the supervisor judges that the successful outcome of strategic goals Demonstrates effective interactions the employee is not performing at an and objectives. Within the scope of job acceptable level on one or more with internal and external customers. responsibility, develops approaches or Demonstrates care for customers performance factors, the supervisor solutions to tasks and problems must inform the employee and through respectful, courteous, reliable, impacting mission in a positive manner. and conscientious actions. Seeks out, document the problem. This feedback develops, and/or maintains solid D. Benchmark Performance Standards will be provided at any time during the rating cycle. Deficiencies identified will working relationships with customers to Benchmark performance standards are identify their needs, quantifies those be accompanied by a plan, if necessary, descriptors that are used to measure, to correct them as noted in section VIII. needs, and develops practical solutions. evaluate, and score each performance Keeps customer informed. Within the factor with regard to the 5. End-of-Cycle Evaluation scope of job responsibility, seeks out accomplishment of performance a. Performance Feedback. At the end and develops new programs and/or objectives. Benchmark performance reimbursable customer work. of the rating period, the supervisor may standards for each performance factor request that the employee provide 5. Resource Management are established by ODUSD(CPP). The narrative comments describing descriptors for these benchmark Demonstrates effective use/ accomplishment of his/her performance performance standards indicate the objectives throughout the year. These management of personal and level of performance appropriate for the organizational resources such as time, narrative comments will permit the high end of each score range for the supervisor to evaluate more fully the personnel, equipment, and/or funds. performance factor. These performance Meets schedules and deadlines, and performance of the employee during the standards will assist the supervisor in rating period. accomplishes work in order of priority determining the percentage of the (set by the employee’s supervisor or The supervisor must communicate to performance factor that the employee the employee the supervisor’s appraisal team leader); generates and accepts new actually attained. The DoD Component ideas and methods for increasing work of the employee’s performance on has the discretion to supplement performance objectives, and the efficiency; effectively utilizes and standards to describe levels of properly controls available resources; employee’s performance score and performance throughout the score range. rating on performance factors. supports organization’s resource This discretion may be redelegated. development and conservation goals. Communication may occur through use E. Performance Rating Process of, but is not limited to, a performance 6. Leadership/Supervision review meeting to discuss job This factor (VII.C.6.a. and VII.C.6.b.) 1. Duration of the Rating Cycle performance and accomplishments. is mandatory for supervisory/designated The duration of the rating cycle will b. Performance Scores. Following a team leader positions. This factor is be 12 months. The rating cycle shall be review of the employee’s optional for all other employees using October 1 through September 30 each accomplishments, the supervisor will description VII.C.6.a. only. year. score each relevant performance factor a. Demonstrates effective individual by assigning a value to each and organizational leadership to assess 2. Minimum Rating Period performance factor. Using the situations realistically; identifies and In order to provide for meaningful benchmark performance standards as a recommends or implements needed evaluation of an employee’s guideline, the supervisor will determine changes. Actively furthers the mission performance, the minimum rating the level of performance actually of the organization. Exercises leadership period will be 90 days. performed or accomplished by the

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employee and assign the appropriate be developed by each rater and would have been available for quality point value to arrive at a total provided to the performance review step increases, within-grade increases, performance score. This performance board. Each listing will include all and promotions between grades that are score may total as high as 100 points. In employees supervised by the rater, their banded. This amount will be established addition to determining the employee’s corresponding scores, and at a certain percentage of the total of performance score, a supervisor may recommended shares. This listing will basic pay salaries in the pay pool provide a narrative evaluation of an be ordered from highest scores received (typically 2 to 2.4 percent plus the GPI), employee’s potential to perform in to lowest scores received to facilitate the as determined by the pay pool manager. positions of greater responsibility or for review process. If there are employees Performance incentive payments are other appropriate matters. Such with identical scores, the rater will funded separately, but the amount of narrative evaluations of potential may differentiate between these employees money available for performance only be provided in accordance with and prioritize them in the appropriate incentive payments must be equivalent DoD Component policy. order on the listing. Consistent with BP to a minimum of 1 percent of total c. Score Ranges and Shares for requirements in this notice, this order of salary dollars (typically 1.3 to 1.8 Payout. The overall score is the sum of merit listing may be considered in percent). The sum of these two factors the individual performance factor determining such matters as reduction is referred to as the pay pool payout scores. The scores will be used to in force, promotions, training factor (e.g., 4.0 percent performance determine basic pay increases and/or assignments, basic pay determinations basic pay, including the GPI, +1.3 performance incentives. or other matters deemed appropriate by percent performance incentive). the DoD Component. Listings may be Performance pay increases (i.e., basic FIGURE 3.—SCORE RANGES AND developed for each career group to pay increases) will not be granted to SHARES FOR PAYOUT facilitate making distinctions between employees at the top of their pay band occupations if necessary. Operating or in a pay retention status. In these Score range Performance payout (shares) procedures for the performance review cases, payouts earned as a function of board will be developed by each DoD performance may be paid as a 98–100 ...... 13, 14, 15, or 16 Component. performance incentive to the maximum 95–97 ...... 11 or 12 authorized. A local activity may 91–94 ...... 9 or 10 F. Payout Process 86–90 ...... 7 or 8 reallocate to employees not at the top of 81–85 ...... 5 or 6 Each Component shall determine the their pay band (uncapped employees) 66–80 ...... 3 or 4 pay pool structure. Authority to some or all of any unexpended basic 51–65 ...... 1 or 2 determine pay pool structure may be pay funds for employees at the top of 0–50 ...... 0 redelegated. Generally, pay pools are their pay band (capped employees). combinations of organizational elements This reallocation is placed back into the An employee will receive a (e.g. Divisions, Branches, etc.) that are pay pool and distributed to the performance payout as a percentage of defined for purposes of determining uncapped employees based on shares current basic pay. This percentage is performance payouts under the PFP earned. Any increase in an uncapped based on the number of shares that system. Typically, pay pools may range employee’s basic pay as a result of this equate to his/her final rating score. After from as small as 25 to as large as 500 reallocation will be offset by an a rating has been assigned, the rater will employees. Decisions regarding the equivalent reduction in the employee’s recommend the number of shares that amount of the performance payout are performance incentive payment. Thus, should be granted. The rater has based on the established performance the uncapped employee’s total discretion in determining the payout calculations. Each DoD performance payout is unchanged. recommended number of shares within Component shall establish a pay pool Consistent with the requirements of the framework listed above. The rater manager for each pay pool. The pay DoD Component policy, the pay pool will take into consideration several pool manager is responsible for ensuring payout factor may be adjusted as factors, e.g., the score, the employee’s that distribution of funds is based upon necessary. Performance payouts will be current basic pay, and overall funding employees’ performance and calculated and administered so that a availability. The shares earned by an contributions. A pay pool manager’s pay pool manager will not exceed the employee will be used in calculating the final yearly pay adjustment decisions resources that are available in the pay employee’s performance payout as may still be subject to higher pool. outlined in the payout formula in management review. Generally, In making the annual performance VII.F.1. supervisors will be placed in a pay pool payouts, the amount of that year’s pay d. Use of Performance Review Board. separate from their employees. pool and share value will be determined A performance review board or an as follows: equivalent process for oversight will be 1. Basic Pay Increases and Performance a. The pay pool payout factor must be established for reviewing supervisors’ Incentives determined first. The pay pool payout preliminary scores and The amount of money available for factor is the percentage amount recommendations for the number of performance payouts is divided into two budgeted for basic pay increases and shares to be granted. The DoD elements, basic pay increases and performance incentives. For purposes of Components may determine the performance incentives. The payouts illustration, assume that the composition of the review board. This made to employees from the organization has budgeted 4.2 percent review process gives raters the performance pay pool will be basic pay for basic pay increases and 1.2 percent opportunity to verify that their increases and/or performance incentive for performance incentive payments. evaluations and approach to scoring payments, subject to the amounts Therefore, the pay pool payout factor is conform to that of other raters within available in the respective funds. 5.4 percent. the pay pool and ensures that The amount of money available b. Next, the pay pool value is performance assessments of employees within a pay pool for basic pay determined by multiplying the pay pool are comparable and equitable within the increases is determined by the general payout factor determined in VII.F.1.a. by pay pool. An order of merit listing will pay increase (GPI) and the money that the sum of the combined basic pay

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salaries of all employees in the pay pool participate in PFP payouts. Salary VIII. Performance That Fails To Meet as follows: adjustments, including the GPI, will be Expectations × Pool Value = Pay pool payout factor funded outside of the pay pools. CG 5 A. Notice to Employee and Performance Total Salaries of all employees employees will be placed in the PFP Improvement Plan Continuing the illustration from system for payout purposes when they VII.F.1.a., assume there are 40 successfully complete the college Informal employee performance reviews will be provided on an on-going employees in the pay pool with total cooperative education program and are basis, so that corrective action, to combined basic pay salaries of converted to a career appointment. $2,377,888. The total combined salaries include placing an employee on a is multiplied by the pay pool payout 3. Awards performance improvement plan (PIP), may be taken at any time during the factor of 5.4 percent to provide an Awards may be used to acknowledge available total pay pool of $128,406 for rating cycle. Whenever a supervisor an employee’s extraordinary basic pay increases and performance determines that an employee’s overall contributions or exceptional incentive payments. Based on the performance score falls below 51 points, percentages budgeted by the accomplishments. Consistent with the supervisor will immediately inform organization in VII.F.1.a., $ 98,871 current DoD Component/activity awards the employee. The reasons for the would be for basic pay increases with authorities and delegations, awards may unacceptable performance will be the remaining $28,535 for performance be granted to employees, either as identified and communicated to the incentive payments. individuals or as members of a team, employee as follows. c. Next, the share value is calculated. consistent with DoD Component awards The supervisor will provide written Each individual employee’s basic pay regulations. Awards are not part of the notification outlining the unacceptable salary is multiplied by the number of PFP system. The granting of such performance to the employee. At this point, an opportunity to improve will be shares awarded to that employee (Salary awards shall be based on a suggestion, structured in a PIP. The employee will × Shares). The sum total of (Salary × invention, superior accomplishment, be required to identify to the supervisor Shares) for all employees in the pay productivity gain, or other personal what actions the employee will take to pool is divided into the pool value to effort that contributes to the efficiency, improve the items identified by the arrive at the share value as follows: economy, or other improvement to supervisor as needing correction or Share Value = Pool Value/(Sum Total Government operations or achieves a × improvement. The employee will also (Salary Shares)) significant reduction in paperwork. The recommend a time frame for making The share value represents a fixed award itself may be monetary, non- such corrections or improvements. The percentage basic pay increase for each monetary, informal recognition, supervisor makes the final employee. The value of a share cannot honorary, time-off, or a combination determination on the actions necessary be exactly determined until the rating thereof. to correct or improve the employee’s and review board process is complete. The awards budget is separate from performance and the required time Continuing the illustration from money used for base pay increases and frame. If the employee’s unacceptable VII.F.1.b., the pay pool amount of performance incentives. The amount of performance impacts the employee’s $128,406 is divided by 2,377,888 (which performance payout, the PIP shall be a represents the sum total of each money available for awards must be equivalent to a minimum of one-half minimum of 90 days. In all other individual employee’s basic pay instances, PIPs should generally be no percent of total salary dollars. multiplied by the number of shares less than 30 days. The employee will be awarded to that employee). This results G. Grievance Procedures provided with any available assistance, in a share value of 0.00847059 or 0.85%. as appropriate. The supervisor will d. An employee’s total performance An employee may grieve the monitor the employee’s progress during payout is the share value multiplied by performance score. If an employee is the PIP, counsel the employee, and the employee’s end-of-rating cycle basic covered by a negotiated grievance document all counseling sessions. If the pay salary multiplied by the number of procedure that permits grievances over employee fails to achieve a level of shares earned by the employee. performance scores, then the employee performance that is at least equal to that Employee Performance Payout = Salary must resolve a grievance over the of an overall performance score of 51 × Shares × Share Value performance score under that procedure points or higher following completion of This is illustrated by highlighting the (i.e., that procedure is the sole and the PIP, the supervisor will take performance payout of one of the exclusive procedure for resolving such appropriate action as outlined in VIII.B. employees in the example pay pool. The grievances for bargaining unit employee’s end-of rating cycle basic pay B. Action Upon Completion of employees). If an employee is not in a Performance Improvement Period salary is $75,112. The employee earned bargaining unit, or is in a bargaining 15 shares. The salary is multiplied by unit but grievances over performance If the employee’s performance is acceptable at the conclusion of the PIP, the number of shares (15) multiplied by scores are not covered under the no further action is necessary. If a PIP the share value (0.00847059). This negotiated grievance procedure, then ends before the end of the annual rating results in a total performance payout of the employee may use the appropriate $9,544 with $7,423 as a basic pay cycle and the employee’s performance administrative grievance procedure. increase and $2,121 as a performance improves to an acceptable level, the Base pay increases and performance incentive payout based on the employee is appraised at the end of the percentages budgeted by the incentive payments will not be delayed annual rating cycle. organization in VII.F.1.a. as a result of an employee filing a If the employee fails to improve grievance concerning the performance during the PIP, the employee will be 2. College Cooperative Education score. Any decisions on the grievance given written notice of the proposed Program shall not affect other employees’ personnel action. This action may Career group 5 employees shall not be performance payouts. include reduction in pay, reduction in assigned to any pay pool and shall not pay band level, change in position or

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occupational family at a lower rate of employees to permit them to engage in Volunteer service shall not be used to pay, or removal from the Federal study or uncompensated work replace any employee, or interfere with Service. The advance written notice experience that will contribute to their career opportunities of employees. In period will be a minimum of 15 development and effectiveness. One addition, an employee may not continue calendar days, and the employee will developmental opportunity for a to perform his/her former duties as a have 7 calendar days in which to reply. sabbatical (3–12 months in duration) volunteer emeritus. The employee will be given a written may be granted to an employee in any To be accepted into the emeritus notice of decision to include all 10-year period. Employees will be corps, a volunteer must be applicable grievance and appeal rights, eligible after completion of 7 years of recommended by a supervisor and as appropriate. full-time Federal service. Each approved by the activity head. An Employees who fail to improve opportunity must result in a product, individual wanting consideration for the performance to a level that is at least service, report, or study that will benefit emeritus corps may submit a request to equal to that of an overall performance the DoD activity mission as well as his/her decision-making authority; score of 51 points or higher may not increase the employee’s individual however, no one who applies is entitled remain at their current salary and may effectiveness. Various learning or to a volunteer assignment. be reduced in pay, pay band level or developmental experiences may be The volunteer’s Federal retirement removed from Federal service. considered, such as advanced academic pay (whether military or civilian) will Reductions in salary within the same teaching; study; research; self-directed not be affected while serving in a pay band or changes to a lower pay or guided study; and on-the-job work volunteer capacity. Retired or separated band will be up to 5 percent of base pay. experience with a public, private Federal employees may accept an All relevant documentation commercial, or private nonprofit emeritus position without a break in concerning a reduction in pay or organization. Employees approved for a service or mandatory waiting period. removal based on unacceptable paid sabbatical must sign a service Volunteer emeritus corps members performance will be preserved and obligation agreement to continue in will not be permitted to perform any made available for review by the service for a period equivalent to the inherently Governmental functions, affected employee or a designated length of the sabbatical. If an employee including monitoring contracts on representative. As a minimum, the voluntarily leaves Federal service before behalf of the Government. The record will consist of a copy of the this service obligation is completed, the volunteers may be required to submit a notice of proposed personnel action and employee is liable for repayment of any financial disclosure form annually and the employee’s written reply, if any, or expenses associated with the sabbatical. will not be permitted to participate on a summary when the employee makes Conflict of interest laws and regulations any contracts or other activities where a an oral reply. Additionally, the record continue to apply. conflict of interest exists. The same will contain the written notice of rules that currently apply to source decision and the reasons therefore, X. Volunteer Emeritus Program selection members will apply to along with any supporting material volunteers. (including documentation regarding the The volunteer emeritus program will In each case, there must be a written opportunity afforded the employee to provide continued quality experience agreement between the volunteer, the demonstrate improved performance and and technical support while reducing decision-making authority, and the any input the employee provided on the overall salary line by allowing personnel servicing activity stating the what actions the employee would take higher paid individuals to accept volunteer’s duties and agreement by the to correct or improve their retirement incentives with the volunteer that he or she is not entitled performance). opportunity to retain a presence in the to any pay or compensation for With regard to an employee who organization. Each activity head will performance of volunteer duties. The successfully completes a performance have the authority to offer retired or agreement must be finalized before the improvement period, management may separated individuals volunteer assumption of duties. reduce in pay, reduce in pay band level, assignments in support of the change in position or occupational continuance of specialized work XI. Revised Reduction-in-Force (RIF) family at a lower rate of pay, or remove projects or to retain corporate Procedures the employee with no additional knowledge as advisors or mentors, but RIF shall be conducted according to improvement opportunity within 2 not to perform duties that would the following provisions. years following successful completion otherwise be performed by DoD Policy: The DoD policy is to of the PIP if the employee’s performance employees, including the duties that the accomplish required civilian personnel deteriorates to an overall performance separated or retired employee reductions through attrition whenever score less than 51 points or the performed before leaving the practicable. Involuntary separation or employee fails to perform at an Department of Defense. Volunteer furlough of employees will occur only acceptable level in a performance factor. emeritus program assignments are not when other prudent actions cannot The employee will be given written considered employment by the Federal accomplish the required results. notice of the proposed personnel action. Government (except for purposes of Competition in RIF: Employees The advance written notice period will injury compensation). Thus, such compete for retention within their be a minimum of 15 calendar days, and assignments do not affect an employee’s retention levels and the next lower the employee will have 7 calendar days entitlement to buy-outs or severance retention level for positions with the in which to reply. The employee will be payments based on an earlier separation same title and in the same series during given a written notice of decision to from Federal Service. This program will RIF competition. When positions are include all applicable grievance and be of most benefit during manpower abolished, employees are released from appeal rights, as appropriate. reductions, as senior members of the their retention levels in inverse order of workforce could accept retirement and their retention standing, beginning with IX. Expanded Sabbatical Authority return to provide valuable on-the-job the employee having the lowest DoD activities have the authority to training or mentoring to less standing. If an employee is reached for grant paid sabbaticals to career experienced employees. release from a retention level, he or she

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could have a right to be assigned to with a service-connected disability of 30 received during the 4-year period before another position in the next lower percent or more and whose current the date of the issuance of RIF notices retention level containing positions performance score exceeds 50 will be or cut-off date, as follows: with the same title and series. If so, the listed at the top of the list for the 1. First Cycle employee must be offered that position retention level according to their tenure or an equivalent one. group in individual performance score After completion of the first rating order. If there is more than one cycle, employees will be provided credit A. Competitive Area preference eligible with a service- for performance based on their actual The competitive area may be connected disability of 30 percent or performance scores. determined by career groups, lines of more in a tenure group, they shall be 2. Second Cycle business, product line(s), organizational ordered by individual performance unit(s), funding lines and/or score. After completion of the second rating geographical location, or a combination Retention standing for all other cycle, employees will be provided of these elements, and must include all employees shall be based on the performance credit based on the average employees within the defined following factors: of their first two performance scores. competitive area. Descriptions of all 3. Third Cycle competitive areas must be made readily 1. Tenure available for review. Tenure group I includes all career After completion of the third rating employees, including those serving on cycle, employees will be provided B. Retention Level an initial probationary period. Tenure performance credit based on the average 1. Separate retention levels are group II includes those employees on of their last three performance scores. established for all positions, based on indefinite appointments, temporary 4. Accessions After First Cycle the following: appointments for more than 12 months a. Service (competitive and excepted pending establishment of a register, Employees entering this system after service). status quo appointments, term the first rating cycle has been b. Within the excepted service, for appointments, and any other nonstatus accomplished will be assigned a each different appointment authority nontemporary appointments, which performance score based on the modal (e.g., Veterans’ Readjustment meet the definition of provisional score range for the competitive area. Appointment, Schedule A authority). appointments contained in 5 CFR This includes employees who have not c. Career group. 316.401 and 316.403. The tenure group been in this system 90 days and have d. Title/specialization, series, pay provisions apply equally to employees not received a rating during any cycle. band level (may include primary in both the competitive and excepted 5. Cutoff Dates functional code, as appropriate). services. e. Work schedule (full-time, part-time, To provide adequate time to intermittent, seasonal, or on-call basis). 2. Performance determine employee retention standing, No distinction may be made on the basis Within each tenure group, employees organizations may provide for a cutoff of number of hours or weeks scheduled will be listed in individual performance date, a specified number of days prior to be worked. score order. Employees with to the issuance of RIF notices, after f. Trainee status (formally designated performance scores between 0 and 50 which no new ratings of record will be trainee or development program having are ineligible to compete in RIF, used. When a cutoff date is used, an all the characteristics covered in 5 CFR regardless of tenure or preference. employee will receive performance 351.702(e)(1) through (e)(4)). Trainees credit for the three most recent may be placed in a separate competitive 3. Veterans’ Preference performance scores received during the area. Within each performance score, 4-year period before the cutoff date. 2. Factors that do not justify employees will be sorted by veterans’ Regardless of the number of applicable establishment of separate retention preference. The A sort includes ratings, the average will be used to levels: preference eligibles other than those determine retention standing, unless a. Rotating shift requirements. with a service-connected disability of 30 only a modal rating has been assigned. b. Supervisory positions. percent or more. Sort B includes In this circumstance, only the modal Supervisors compete in the career nonpreference eligibles. rating will be used. group and level of the work supervised, Ties will be broken first by RIF To be creditable for retention or the technical work accomplished, service computation date and second by standing, a performance score must that forms the basis for the classification order of merit ranking. have been issued to the employee, with of the position. all appropriate reviews and signatures, E. Credit for Performance and must be on record (i.e., the C. Retention List Prior to the initial rating of record performance score is available for use by The retention list consists of all under the BP schema, employees are the office responsible for establishing positions in a retention level and entitled to retention credit based on 5 retention lists). contains the name of each competing CFR 351.504, ‘‘Credit for performance.’’ F. Assignment Rights employee who is officially assigned to After the initial rating of record under that level in retention standing order. the BP PFP management system, Employees can displace other Retention determinations are based on employees are entitled to retention employees with lower retention each employee’s official position, not credit based on the employee’s standing in the same or next lower the employee’s personal qualifications. performance scores. (See VII.E.5.d.) This retention level for positions with the includes employees converted during same title and series within the D. Retention Standing system stand-up and all employees competitive area of the RIF. When a Competing employees shall be listed converted at a later time. Employees tenure group I competitive service on the retention list according to their receive retention credit for up to a employee with a current performance retention standing. Preference eligibles maximum of three performance scores score of 51 or higher is reached for

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release from the retention list for that retention level defined by the same following are waivers and adaptations of employee’s retention level, an offer of factors. law and regulation that will be assignment shall be made to another necessary for implementation of best XII. Evaluation Plan competitive service position which practices in the S&T reinvention requires no reduction, or the least Chapter 47 of 5 U.S.C. requires that an laboratory demonstration project possible reduction, in earning potential. evaluation be performed to measure the program. In due course, additional laws Vacancies may be used (within the results of a demonstration project and and regulations may be identified for employee’s assignment rights). its impact on improving public waiver. Additionally, an employee reached for management (5 U.S.C. 4703(h)). A Those personnel policies, programs, release from the retention list shall be comprehensive evaluation plan for the and entitlements not included as part of offered assignment (as defined in XI.F.) entire science and technology (S&T) the demonstration project best practices to another position encumbered by an reinvention laboratory demonstration (e.g., discipline, benefits, and employee with lower retention standing. program was developed by a joint OPM/ entitlements) will be administered in If the employee accepts, the employee DoD Evaluation Committee in 1995, and accordance with existing statutes and shall be assigned to the position offered. the resultant final summative evaluation regulations. The following waivers and If the employee has no assignment right report covering 1997–2001 (the first 5 adaptations of certain provisions are or does not accept an offer of years of operation) was issued in August required only to the extent that these assignment, the employee shall be 2002. As noted in the Supplementary statutory provisions limit or are furloughed or separated. Information section of this notice, best inconsistent with the actions Employees reached for release who practices were identified through a contemplated under demonstration qualify for positions occupied by review of initiatives that have been project best practices. employees with lower retention may subject to testing and evaluation in Waivers and Adaptations of Title 5, displace a lower standing employee as demonstrations and alternative United States Code (U.S.C.) long as undue interruption does not personnel systems (APSs). An occur, except that they may not displace evaluation plan is established by Chapter 5, Section 552a: Records employees who occupy positions with ODUSD(CPP) to assess program results Maintained on Individuals. This section higher earning potential. Undue as the S&T reinvention laboratory is adapted only to the extent necessary interruption means the degree of demonstrations continue in operation to allow volunteers under the volunteer interruption that would prevent the under best practices. Under this plan, emeritus program to be treated as completion of required work by the evaluation of S&T laboratory ‘‘Federal personnel,’’ as that term is employee 90 days after the employee demonstration program results and the defined in this section. has been placed in a different position. program’s impact on improving DoD Chapter 31, Section 3132: The Senior If there is no placement within the human resources management will Executive Service; Definitions and employee’s retention level, a displaced continue to address six general issues, Exclusions. This section is adapted to employee may be assigned to a position as follows: the extent necessary to allow creation of in the next lower retention level (level A. The degree to which the program’s pay band level 3, CG 1, Science and determined on same retention level purpose and goals are met; Engineering Research, and pay band factors including same title and series) B. Cost; level 4, CG 2, Professional and from which the employee is being C. Project implementation and Administrative Management. displaced in accordance with the operation; Chapter 33, Section 3308: assignment rights designated as follows. D. Impact on veterans, minorities, and Competitive Service; Examinations; Assignment rights are determined by women; Educational Requirements Prohibited; retention level and may be defined by E. Impact on merit system principles Exceptions. This section is waived with (1) the pay band level within a given and prohibited personnel practices; respect to the scholastic achievement career group and (2) the pay schema and appointment authority. (e.g., displacement within a pay band F. Degree of potential applicability of Chapter 33, Section 3317(a): level may extend no lower than 75 the program to other groups within Competitive Service; Certification from percent of the affected employee’s the Department of Defense. Registers. This section is waived to current base pay). When the assignment eliminate the ‘‘rule of three.’’ range (e.g., 75 percent of base pay) XIII. Project Duration Chapter 33, Section 3318(a): exceeds the pay band level, assignment Section 342 of Pub. L. 103–337 Competitive Service; Selection from may be made in a lower pay band level removed any mandatory expiration date Certificates. This section is waived to within a retention level defined by the for the S&T reinvention laboratory eliminate the ‘‘rule of three’’ and to same factors. If assignment is offered demonstration project program. Major allow preference eligibles to be passed into a lower pay band level, employees changes and modifications to the over. (other than 30 percent compensably demonstration project plan contained in Chapter 33, Section 3319: Alternative disabled veterans) may displace only this amendment can be made through Ranking and Selection Procedures. This within the highest 25 percent of the announcement in the Federal Register. section is adapted only to the extent salary rate range for the career group necessary to give the Department of and lower pay band level. Thirty XIV. Required Waivers and Defense authority to use alternative percent compensably disabled veterans Adaptations of Law and Regulation ranking and selection procedures may displace within a range of 100 Section 342 of Pub. L. 103–337, as without OPM regulation, and to allow percent of basic pay within their current amended, gave the Department of rating, ranking, and referral by quality career group and pay band level; Defense the authority to experiment groups of all candidates, including additionally, when the range exceeds with several personnel management disabled veterans with a compensable the current pay band level, such innovations in the Department of service-connected disability of 10 veterans may displace within the Defense science and technology (S&T) percent or more. highest 50 percent of the salary rate reinvention laboratories. In addition to Chapter 33, Section 3321(a)(2): This range for the level lower and within the the authorities granted by the law, the section is waived to eliminate the

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requirement for probationary period demonstration project best practices provisions do not apply to conversions before initial appointment as a positions to pay band levels on the basis from GS special rates to demonstration supervisor or manager. of descriptors. project best practices pay, as long as Chapter 33, Section 3324: Chapter 53, Sections 5301; 5302(1), total pay is not reduced; (5) provide that Appointment to Positions Classified (8), and (9); 5303; and 5304: Pay pay retention does not apply to Above GS–15. This section is waived to Comparability System. These sections reduction in basic pay due solely to the allow creation of pay band level 3, CG are adapted to: (1) Allow employees in reallocation of demonstration project 1, Science and Engineering Research, CG 1, level 3, Science and Engineering best practices pay rates in the and pay band level 4, CG 2, Professional Research, and CG 2, level 4, Professional implementation of a SSR supplement; and Administrative Management. and Administrative Management, to be (6) provide that, for employees assigned Chapter 33, Section 3341: Details; treated as ST employees; (2) allow to level 3, CG 1, Science and Within Executive or Military supervisor B and C employees of CG 1, Engineering Research, and employees Departments. This section is adapted to level 2; supervisor D employees of CG assigned to level 4, CG 2, Professional allow details to extend beyond 120 2, level 2; and supervisor B and C of CG and Administrative Management, pay days. 2, level 3, to be treated as ST employees; retention is not applicable and pay Chapter 35, Section 3502(c): This (3) allow all other demonstration project retention provisions are modified so section is waived to allow performance best practices employees to be treated as that no rate established under these score as a retention factor before GS employees; and (4) allow basic rates provisions may exceed the rate of basic veterans’ preference. of pay under demonstration project best pay for GS–15, step 10 (i.e., there is no Chapter 43, Section 4301(3): practices to be treated as scheduled entitlement to retained rate); and (7) Definitions. This section is waived to rates of basic pay. These adaptations do otherwise allow demonstration project allow a different definition of the term, not apply to ST employees, who will best practices employees to be treated as ‘‘unacceptable performance.’’ continue to be covered by these title 5 GS employees. These adaptations do not Chapter 43, Section 4302: statutory provisions, as appropriate. apply with respect to coverage for ST Establishment of Performance Appraisal Chapter 53, Section 5305: Special Pay employees, except when an ST Systems. This section is adapted to Authority. This section is waived to employee moves to a GS-equivalent allow pay banding and to accommodate make special salary rates inapplicable to position within demonstration project performance-focused pay features of the BP employees after their conversion into best practices under conditions that PFP evaluation system. demonstration project best practices and trigger entitlement to pay retention. Chapter 43, Section 4302(a)(3): to allow special salary rate supplements Chapter 55, Sections 5542(a)(1)–(2): Establishment of Performance Appraisal only when specifically incorporated Overtime Rates; Computation. These Systems. This section is adapted to through the use of the SSR supplement sections are adapted only to the extent replace the term ‘‘grade’’ with ‘‘pay provisions of demonstration project best necessary to provide that the GS–10 band level’’ and accommodate best practices. minimum special rate (if any) for the practices procedures for taking actions Chapter 53, Section 5305 Special Pay special rate category to which a on unacceptable performance. Authority Reference to Federal demonstration project best practices Chapter 43, Section 4302(b)(1): Employees Pay Comparability Act of employee belongs is deemed to be the Establishment of Performance Appraisal 1990 (Public Law 101–509): Federal Law ‘‘applicable special rate’’ in applying the Systems. This section is waived to Enforcement Pay Reform. This title is pay cap provisions in 5 U.S.C. 5542. accommodate demonstration project adapted only to allow law enforcement Chapter 55, Section 5543: best practices establishment of officers covered by demonstration Compensatory Time Off. This section is benchmark performance standards. project best practices to be treated as adapted only to the extent necessary to Chapter 43, Section 4302(b)(2): law enforcement officers under the GS. provide that the GS–10 maximum Establishment of Performance Appraisal Chapter 53, Section 5306: Pay Fixed special rate (if any) for the special rate Systems. This section is adapted only to By Administrative Action. This section category to which a demonstration the extent necessary to replace the term is adapted to the extent that pay may project best practices employee belongs ‘‘critical elements’’ with ‘‘performance not be paid, through the exercise of is deemed to be the ‘‘applicable special objectives and performance factors.’’ authority under this section, at a rate in rate’’ in applying the compensatory time Chapter 43, Sections 4303(a), (b), and excess of the rate of basic pay payable off provisions in 5 U.S.C. 5543. (c): Actions Based on Unacceptable for SES level 4 (ES–4). Chapter 55, Section 5545(d): Performance. These sections are adapted Chapter 53, Sections 5331–5338: Hazardous Duty Differential. This to replace the term ‘‘grade’’ with ‘‘pay General Schedule Pay Rates. These section is adapted to allow band level’’ and accommodate sections are waived to allow career demonstration project best practices demonstration project best practices groups and pay band levels and employees to be treated as GS procedures for taking actions based on accommodate performance-focused pay employees. However, this adaptation unacceptable performance. Appeal features of demonstration project best does not apply to ST employees or rights apply as provided for in BP practices. employees in CG 1, level 3, Science and requirements. Chapter 53, Sections 5361–5366: Engineering Research, and CG 2, level 4, Chapter 43, Sections 4304(b)(1) and Grade and Pay Retention. These sections Professional and Business Management; (3): Responsibilities of the Office of are waived to: (1) Eliminate grade supervisor B and C employees of CG 1, Personnel Management. These sections retention; (2) eliminate pay retention level 2; supervisor D employees of CG are waived to reflect changes in provisions for reductions in pay due 2, level 2; and supervisor B and C of CG responsibilities authorized by section solely to the removal or reduction of 2, level 3. They are excluded from 342 of Pub. L. 103–337, as amended by supervisory pay upon leaving a coverage under 5 U.S.C. 5545(d). section 1114 of Pub. L. 106–398. supervisory position; (3) provide that Chapter 55, Section 5547(a)–(b): Chapter 51, Sections 5101–5115: pay retention provisions apply to Limitation on Premium Pay. These Classification. These sections regarding nonsupervisory employees for a sections are adapted only to the extent classifying and grading positions are maximum of two years after pay is necessary to provide that the GS–15 waived to permit allocation of reduced; (4) provide that pay retention maximum special rate (if any) for the

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special rate category to which a project to the extent necessary to accommodate Part 351: Reduction in Force. This employee belongs is deemed to be the demonstration project best practices part is adapted to the extent necessary ‘‘applicable special rate’’ in applying the features. to allow provisions of the RIF plan as pay cap provisions in 5 U.S.C. 5547. described in this Federal Register notice Waivers and Adaptations of Title 5, Chapter 57, Sections 5753, 5754, and for this demonstration project. Specific Code of Federal Regulations (CFR) 5755: Recruitment and Relocation adaptations and waivers include: Bonuses; Retention Allowances; and Section 213.3102(bb): Excepted Section 351.203: Definitions. This Supervisory Differentials. These Schedules. This section is adapted to section is adapted to conform to Federal sections are adapted only to: (1) Allow eliminate the requirement for prior OPM Register notice and best practices. employees in CG 1, level 3, Scientific approval. Section 351.205: Authority of OPM. and Engineering Research, and CG 2, Sections 300.601–300.605: Time-in- This section is waived. level 4, Professional and Business Grade Restrictions. These sections are Section 351.402(b): Competitive Area. Management; (supervisor B and C waived to eliminate time-in-grade This section is waived only to the extent employees of CG 1, level 2; supervisor restrictions under this demonstration necessary to allow competitive area to D employees of CG 2, level 2; and project. be defined by career group, line of supervisor B and C of CG 2, level 3 to Sections 315.801 and 315.802: business, product line, organization be treated as ST employees; (2) allow all Probationary Period. These sections are unit, funding line, and/or geographic other demonstration project best adapted only to the extent necessary to location. practices employees to be treated as GS allow extended probationary periods up Section 351.403: Competitive Level. employees; and (3) allow basic rates of to three years, as specified in the project This section is waived. pay under demonstration project best plan for this demonstration project. Section 351.404: Retention Register. practices to be treated as scheduled Section 315.901–315.909: Probation This section is eliminated to allow rates of basic pay. However, these on Initial Appointment to a Supervisory establishment of retention levels and adaptations do not apply to ST or Managerial Position. These sections retention register as provided in this employees, who will continue to be are waived to eliminate supervisory Federal Register notice for this covered by these Title 5 statutory probationary period. demonstration project. Section 316.301: Term Employment; provisions, as appropriate. Sections 351.501–351.504: These Chapter 59, Section 5941: Allowances Purpose and Duration. This section is sections are waived. Based on Living Costs and Conditions of adapted to allow modified term Section 351.701: Assignment Environment; Employees Stationed employee appointments to cover a Involving Displacement. This section is Outside Continental United States or in maximum period of 6 years. Alaska. This section is adapted only to Section 316.303: Tenure of Term waived. the extent necessary to provide that cost Employees. This section is adapted to Part 430, Subpart B: Performance of living allowances (COLAs) paid to allow employees on demonstration Appraisal for General Schedule, employees under demonstration project project modified term employee Prevailing Rate, and Certain Other best practices are paid in accordance appointments to compete for permanent Employees. This subpart is waived to with regulations prescribed by the status through local merit promotion accommodate the establishment of this President (as delegated to OPM). plans. demonstration project’s pay for Chapter 71: Labor-Management Section 332.402: Regular Order of performance evaluation system. Relations. This chapter is waived only Certification for Appointment. This Part 432: Performance Based to the extent that its provisions (e.g., 5 section is waived. Reduction in Grade and Removal. This U.S.C. 7103(a)(12) and 7116) would Section 332.404: Order of Selection part is adapted to (1) allow employees prohibit management or the union from from Certificates. This section is to be removed, reduced in pay band unilaterally terminating negotiations adapted to eliminate the ‘‘rule of three’’ level with a reduction in pay, reduced over whether employees represented by under this demonstration project. in pay without a reduction in pay band the union will be converted into this Section 332.406: Objections to level, and reduced in pay band level demonstration project. Eligibles. This section is adapted only to without a reduction in pay based on Chapter 75, Section 7512(3) and (4): the extent necessary to allow the unacceptable performance, (2) eliminate Adverse Actions. These sections are Department of Defense to act on performance standards and critical adapted only to the extent necessary (1) objections to eligibles. elements, (3) incorporate what to replace ‘‘grade’’ with ‘‘pay band Part 333: Recruitment and Selection constitutes ‘‘acceptable performance’’ level,’’ (2) to provide that reductions in for Temporary and Term Appointments and ‘‘unacceptable performance,’’ as pay band level not accompanied by a Outside the Register. This section is defined in the demonstration project reduction in pay are not covered by adapted to allow noncompetitive plan, (4) replace the term ‘‘grade’’ with chapter 75, subchapter II, (3) to ensure temporary and term appointments. ‘‘pay band level,’’ and (5) provide that, that adverse action provisions do not Section 335.103 (c)(i): Agency for employees who are reduced in pay apply (a) to conversions from GS special Promotion Programs. This section is band level without a reduction in pay, rates to demonstration project pay or adapted only to the extent necessary to Sections 432.105 and 432.106(a) do not from other demonstration project pay to allow temporary job changes of 2 years apply. this demonstration project pay, as long or less to a position in a higher pay band Section 432.102: Coverage. This as total pay is not reduced, and (b) to level and to expand discretionary section is adapted to the extent supervisory pay when an employee exemptions to agency promotion necessary to replace ‘‘grade’’ with ‘‘pay moves to a lower level supervisory programs. band level.’’ position or to a nonsupervisory Section 339.306: Processing Medical Sections 432.104 and 432.105: position, and (4) to otherwise Eligibility Determinations on Addressing Unacceptable Performance; accommodate demonstration project Certificates of Eligibles. Adapted to Proposing and Taking Action Based on best practices features. allow the Department of Defense to Unacceptable Performance. These Chapter 75, Section 7513: Cause and make the necessary medical sections are waived to allow the Procedure. This section is adapted only determinations. establishment of alternative procedures

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under the pay for performance another supervisory position or a level 3. They are excluded from evaluation system. nonsupervisory position; (3) provide coverage under section 550.902. Part 511, Sections 511.101–511.703: that pay retention provisions do not Part 575, Subparts A, B, C, and D: Classification Under the General apply to conversions from GS special Recruitment Bonuses; Relocation Schedule. These sections are waived to: rates to BP pay, as long as total pay is Bonuses; Retention Allowances; and (1) Permit allocation of best practices not reduced; (4) provide that pay Supervisory Differentials. These positions to pay band levels on the basis retention provisions do not apply to subparts are adapted only to the extent of pay band level descriptors; (2) permit reductions in basic pay due solely to the necessary to: (1) Allow employees in CG reconsideration of pay system, reallocation of BP pay rates in the 1, level 3, Scientific and Engineering occupational series, title, or pay band implementation of a SSR supplement; Research; CG 2, level 4, Professional and level according to the procedures (5) provide that pay retention provisions Administrative Management; supervisor established by the BP. apply to nonsupervisory employees for B and C employees of CG 1, level 2; Part 530, Subpart C: Special salary a maximum of two years after pay is supervisor D employees of CG 2, level rates. This subpart is waived to the reduced; and (6) ensure that for 2; and supervisor B and C employees of extent necessary to provide that special employees of CG 1, level 3, Scientific CG 2, level 3, to be treated as ST salary rates are inapplicable to BP and Engineering Research, and CG 2, employees; (2) allow all other BP employees after their conversion into level 4, Professional and Administrative employees to be treated as GS BP. Management, pay retention is not employees; and (3) allow basic rates of Part 531, Subpart C: Special Pay applicable and pay retention provisions pay under BP to be treated as scheduled Adjustments for Law Enforcement are modified so that no rate established rates of basic pay. However, these Officers. This subpart is adapted only under these provisions may exceed the adaptations do not apply to ST to: (1) Allow law enforcement officers in rate of basic pay for GS–15, step 10 (i.e., employees, who will continue to be CG 2, level 4, Professional and there is no entitlement to retained rate). covered by these Title 5 regulatory Administrative Management, to be These adaptations do not apply with provisions, as appropriate. treated as ST employees; (2) allow all respect to coverage for ST employees, Part 591, Subpart B: Cost-of-Living other law enforcement officers to be except when an ST employee moves to Allowances and Post Differential— treated as GS employees; and (3) allow a GS-equivalent position within BP Nonforeign Areas. This subpart is basic rates of pay under BP to be treated under conditions that trigger adapted only to the extent necessary to as scheduled rates of basic pay. entitlement to pay retention. allow BP employees to be treated as However, these adaptations do not Part 550, Sections 550.105–550.106: employees under the GS, and employees apply to ST employees, who will in CG 1, level 3, Scientific and continue to be covered by these Title 5 Biweekly and Annual Maximum Earnings Limitations. These sections are Engineering Research; CG2, level 4, regulatory provisions, as appropriate. Professional and Administrative Part 531, Subparts B, D and E: adapted only to the extent necessary to Management; supervisor B and C Determining Rates of Basic Pay; Within- provide that the GS–15 maximum employees of CG 1, level 2; supervisor Grade Increases; and Quality Step special rate (if any) for the special rate D employees of CG 2, level 2; and Increases. These subparts are waived to category to which a BP employee supervisor B and C employees of CG 2, allow pay banding and accommodate belongs is deemed to be the ‘‘applicable special rate’’ in applying the pay cap level 3, to be treated as ST employees. performance-focused pay features of this Section 731.202: Criteria. Adapted to demonstration project’s pay for provisions in 5 U.S.C. 5547. Part 550, Section 550.113(a): allow DoD to make all suitability performance evaluation system. determinations. Part 531, Subpart F: Locality-Based Computation of Overtime Pay. This Part 752, Subpart D: Regulatory Comparability Payments. This subpart is section is adapted only to the extent Requirements for Removal, Suspension adapted only to the extent necessary to: necessary to provide that the GS–10 for More than 14 Days, Reduction in (1) Allow employees in CG 1, leve1 3, minimum special rate (if any) for the Grade or Pay, or Furlough for 30 Days Scientific and Engineering Research, special rate category to which a BP or Less. This subpart is waived. and CG 2, level 4, Professional and employee belongs is deemed to be the Administrative Management, to be ‘‘applicable special rate’’ in applying the Appendix A: Occupational Series in treated as ST employees; (2) allow pay cap provisions in 5 U.S.C. 5542. Career Group 2, Professional and supervisor B and C employees of CG 1, Section 550.703: Definitions. This Administrative Management level 2; supervisor D employees of CG section is adapted only to the extent 2, level 2; and supervisor B and C necessary to modify the definition of Series Occupational series title employees of CG 2, level 3 to be treated ‘‘reasonable offer’’ by replacing ‘‘two as ST employees; (3) allow all other BP grade or pay levels’’ with ‘‘one pay band 0006 .. Correctional Institution Administra- level’’ and ‘‘grade or pay level’’ with tion. employees to be treated as GS 0018 .. Safety and Occupational Health employees; and (4) allow basic rates of ‘‘pay band level.’’ Management. pay under best practices to be treated as Section 550.902: Hazardous Duty 0020 .. Community Planning. scheduled rates of basic pay. However, Differential. This section is adapted 0023 .. Outdoor Recreation Planning. these adaptations do not apply to ST only to the extent necessary to allow BP 0025 .. Park Ranger. employees, who will continue to be employees to be treated as GS 0028 .. Environmental Protection Specialist. covered by these Title 5 regulatory employees. However, this adaptation 0030 .. Sports Specialist. provisions, as appropriate. does not apply to ST employees or 0050 .. Funeral Directing. Part 536: Grade and Pay Retention. employees in CG 1, level 3, Scientific 0060 .. Chaplain. 0062 .. Clothing Design. This part is adapted to: (1) Eliminate and Engineering Research; CG 2, level 4, 0072 .. Fingerprint Identification. grade retention; (2) eliminate pay Professional and Administrative 0080 .. Security Administration. retention provisions for reductions in Management; supervisor B and C 0082 .. US Marshall. pay due solely to the removal of or employees of CG 1, level 2; supervisor 0101 .. Social Science. reduction in a supervisory adjustment D employees of CG 2, level 2; and 0110 .. Economist. upon leaving a supervisory position for supervisor B and C employees of CG 2, 0130 .. Foreign Affairs.

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Series Occupational series title Series Occupational series title Series Occupational series title

0131 .. International Relations. 0668 .. Podiatrist. 1176 .. Building Management. 0132 .. Intelligence. 0669 .. Medical Records Administration. 1221 .. Patent Adviser. 0135 .. Foreign Agricultural Affairs. 0670 .. Health System Administration. 1222 .. Patent Attorney. 0142 .. Manpower Development. 0671 .. Health System Specialist. 1301 .. General Physical Science. 0150 .. Geography. 0673 .. Hospital Housekeeping Manage- 1306 .. Health Physics. 0160 .. Civil Rights Analysis. ment. 1310 .. Physics. 0170 .. History. 0680 .. Dentist. 1313 .. Geophysics. 0180 .. Psychology. 0685 .. Public Health Program Specialist. 1315 .. Hydrology. 0184 .. Sociology. 0688 .. Sanitarian. 1320 .. Chemistry. 0185 .. Social Work. 0690 .. Industrial Hygiene. 1321 .. Metallurgy. 0188 .. Recreation Specialist. 0701 .. Veterinary Medical Science. 1330 .. Astronomy and Space Science. 0190 .. General Anthropology. 0801 .. General Engineering. 1340 .. Meteorology. 0193 .. Archeology. 0803 .. Safety Engineering. 1350 .. Geology. 0201 .. Human Resources Management. 0804 .. Fire Protection Engineering. 1360 .. Oceanography. 0222 .. Occupational Analysis. 0806 .. Materials Engineering. 1361 .. Navigational Information. 0223 .. Salary and Wage Administration. 0807 .. Landscape Architecture. 1370 .. Cartography. 0243 .. Apprenticeship and Training. 0808 .. Architecture. 1372 .. Geodesy. 0246 .. Contractor Industrial Relations. 0810 .. Civil Engineering. 1373 .. Land Surveying. 0249 .. Wage and Hour Compliance. 0819 .. Environmental Engineering. 1382 .. Food Technology. 0260 .. Equal Employment Opportunity. 0828 .. Construction Analyst. 1384 .. Textile Technology. 0301 .. Miscellaneous Administration and 0830 .. Mechanical Engineering. 1386 .. Photographic Technology. Program. 0840 .. Nuclear Engineering. 1397 .. Document Analysis. 0334 .. Computer Specialist. 0850 .. Electrical Engineering. 1410 .. Librarian. 0340 .. Program Management. 0854 .. Computer Engineering. 1412 .. Technical Information Services. 0341 .. Administrative Officer. 0855 .. Electronics Engineering. 1420 .. Archivist. 0342 .. Support Services Supervisor. 0858 .. Biomedical Engineering. 1510 .. Actuary. 0343 .. Management and Program Analysis. 0861 .. Aerospace Engineering. 1515 .. Operations Research. 0346 .. Logistics Management. 0871 .. Naval Architecture. 1520 .. Mathematics. 0360 .. Equal Opportunity Compliance. 0873 .. Ship Surveying. 1529 .. Mathematical Statistician. 0391 .. Telecommunications. 0881 .. Petroleum Engineering. 1530 .. Statistician. 0401 .. General Biological Science. 0890 .. Agricultural Engineering. 1550 .. Computer Science. 0403 .. Microbiology. 0892 .. Ceramic Engineering. 1601 .. General Facilities and Equipment. 0405 .. Pharmacology. 0893 .. Chemical Engineering. 1630 .. Cemetery Administration. 0408 .. Ecology. 0894 .. Welding Engineering. 1640 .. Facility Management. 0410 .. Zoology. 0896 .. Industrial Engineering. 1654 .. Printing Management. 0413 .. Physiology. 0901 .. General Legal and Kindred Adminis- 1658 .. Laundry and Dry Cleaning Plant 0414 .. Entomology. tration. Management. 0415 .. Toxicology. 0904 .. Law Clerk. 1667 .. Steward. 0430 .. Botany. 0905 .. General Attorney. 1670 .. Equipment Specialist. 0434 .. Plant Pathology. 0930 .. Hearings and Appeals. 1701 .. General Education and Training. 0435 .. Plant Physiology. 0950 .. Paralegal Specialist. 1702 .. Education and Training Technician. 0437 .. Horticulture. 0967 .. Passport and Visa Examining. 1710 .. Education and Vocational Training. 0440 .. Genetics. 0991 .. Workers’ Compensation Claims Ex- 1712 .. Training Instruction. 0454 .. Rangeland Management. amining. 1720 .. Education Program. 0457 .. Soil Conservation. 1001 .. General Arts and Information. 1725 .. Public Health Educator. 0460 .. Forestry. 1008 .. Interior Design. 1740 .. Education Services. 0470 .. Soil Science. 1010 .. Exhibits Specialist. 1750 .. Instructional Systems. 0471 .. Agronomy. 1015 .. Museum Curator. 1801 .. General Inspection, Investigation, 0480 .. General Fish and Wildlife Adminis- 1016 .. Museum Specialist and Technician. and Compliance. tration. 1020 .. Illustrating. 1810 .. General Investigating. 0482 .. Fishery Biology. 1035 .. Public Affairs. 1811 .. Criminal Investigating. 0486 .. Wildlife Biology. 1040 .. Language Specialist. 1812 .. Game Law Enforcement. 0487 .. Animal Science. 1051 .. Music Specialist. 1815 .. Air Safety Investigating. 0493 .. Home Economics. 1054 .. Theater Specialist. 1825 .. Aviation Safety. 0501 .. Financial Administration and Pro- 1056 .. Art Specialist. 1831 .. Securities Compliance Examining. gram. 1060 .. Photography. 1890 .. Customs Inspection. 0505 .. Financial Management. 1071 .. Audiovisual Production. 1910 .. Quality Assurance. 0510 .. Accounting. 1082 .. Writing and Editing. 1980 .. Agricultural Commodity Grading. 0511 .. Auditing. 1083 .. Technical Writing and Editing. 2001 .. General Supply. 0526 .. Tax Specialist. 1084 .. Visual Information. 2003 .. Supply Program Management. 0560 .. Budget Analysis. 1101 .. General Business and Industry. 2010 .. Inventory Management. 0592 .. Tax Examining Series. 1102 .. Contracting. 2030 .. Distribution Facilities and Storage 0601 .. General Health Science. 1103 .. Industrial Property Management. Management. 0603 .. Physician’s Assistant. 1104 .. Property Disposal. 2032 .. Packaging. 0610 .. Nurse. 1130 .. Public Utilities Specialist. 2050 .. Supply Cataloging. 0630 .. Dietitian and Nutritionist. 1140 .. Trade Specialist. 2101 .. Transportation Specialist. 0631 .. Occupational Therapist. 1144 .. Commissary Store Management. 2110 .. Transportation Industry Analysis. 0633 .. Physical Therapist. 1150 .. Industrial Specialist. 2123 .. Motor Carrier Safety. 0638 .. Recreation/Creative Arts Therapist. 1152 .. Production Control. 2130 .. Traffic Management. 0639 .. Educational Therapist. 1160 .. Financial Analysis. 2150 .. Transportation Operations. 0644 .. Medical Technologist. 1163 .. Insurance Examining. 2152 .. Air Traffic Control. 0660 .. Pharmacist. 1170 .. Realty. 2161 .. Marine Cargo. 0662 .. Optometrist. 1171 .. Appraising. 2181 .. Aircraft Operation. 0665 .. Speech Pathology and Audiology. 1173 .. Housing Management. 2183 .. Air Navigation.

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Series Occupational series title Appendix C: Occupational Series in Series Occupational series title Career Group 4, Business and 2185 .. Aircrew Technician. Administrative Support 0962 .. Contact Representative. 2210 .. Information Technology 0963 .. Legal Instruments Examining. Management. Series Occupational series title 0986 .. Legal Assistance. 0994 .. Unemployment Compensation Appendix B: Occupational Series in 0019 .. Safety Technician. Claims Examining. Career Group 3, Engineering, Scientific, 0021 .. Community Planning Technician. 0995 .. Dependent and Estate Claims Exam- 0025 .. Park Ranger. ining. and Medical Support 0029 .. Environmental Protection Assistant. 0998 .. Claims Assistance and Examining. 0081 .. Fire Protection and Prevention. 1001 .. General Arts and Information. Series Occupational series title 0083 .. Police. 1021 .. Office Drafting. 0085 .. Security Guard. 1046 .. Language Clerical. 0102 .. Social Science Aid and Technician. 0086 .. Security Clerical and Assistance. 1087 .. Editorial Assistance. 0119 .. Economics Assistant. 0090 .. Guide. 1101 .. General Business and Industry. 0181 .. Psychology Aid and Technician. 0120 .. Food Services. 1105 .. Purchasing. 0186 .. Social Services Aid and Assistant. 0134 .. Intelligence Aid and Clerk. 1106 .. Procurement Clerical and Techni- 0187 .. Social Services. 0189 .. Recreation Aid and Assistant. cian. 0404 .. Biological Science Technician. 0203 .. Human Resources Assistance. 1107 .. Property Disposal Clerical and Tech- 0455 .. Range Technician. 0302 .. Messenger. nician. 0458 .. Soil Conservation Technician. 0303 .. Miscellaneous Clerk and Assistant. 1182 .. Retail Manager. 0462 .. Forestry Technician. 0304 .. Information Receptionist. 1202 .. Patent Technician. 0620 .. Practical Nurse. 0305 .. Mail and File. 1411 .. Library Technician. 0621 .. Nursing Assistant. 0309 .. Correspondence Clerk. 1421 .. Archives Technician. 0625 .. Autopsy Assistant. 0312 .. Clerk-Stenographer and Reporter. 1702 .. Education and Training Technician. 0636 .. Rehabilitation Therapy Assistant. 0313 .. Work Unit Supervising. 1802 .. Compliance Inspection and Support. 0640 .. Health Aid and Technician. 0318 .. Secretary. 1860 .. Public Health Inspection. 0642 .. Nuclear Medicine Technician. 0319 .. Closed Microphone Reporting. 1863 .. Food Inspection. 0644 .. Medical Technologist. 0322 .. Clerk-Typist. 1890 .. Customs Inspection. 0645 .. Medical Technician. 0326 .. Office Automation Clerical and As- 1897 .. Customs Aid. 0646 .. Pathology Technician. sistance. 2005 .. Supply Clerical and Technician. 0647 .. Diagnostic Radiologic Technician. 0332 .. Computer Operation. 2091 .. Sales Store Clerical. 0648 .. Therapeutic Radiologic Technician. 0335 .. Computer Clerk and Assistant. 2102 .. Transportation Clerk and Assistant. 0649 .. Medical Instrument Technician. 0342 .. Support Services Supervisor. 2111 .. Transportation Rate and Tariff Ex- 0651 .. Respiratory Therapist. 0344 .. Management and Program Clerical amining. 0661 .. Pharmacy Technician. and Assistance. 2131 .. Freight Rate. 0667 .. Orthotist and Prosthetist. 0350 .. Equipment Operator. 2135 .. Transportation Loss and Damage 0681 .. Dental Assistant. 0351 .. Printing Clerical. Claims Examining. 0682 .. Dental Hygiene. 0355 .. Calculating Machine Operation. 2144 .. Cargo Scheduling. 0356 .. Data Transcriber. 0683 .. Dental Laboratory Aid and Techni- 2151 .. Dispatching. 0357 .. Coding. cian. 2154 .. Air Traffic Assistance. 0698 .. Environmental Health Technician. 0361 .. Equal Opportunity Assistance. 0704 .. Animal Health Technician. 0382 .. Telephone Operating. 0802 .. Engineering Technician. 0390 .. Telecommunications Processing. Appendix D: Supervisory Pay Tables 0809 .. Construction Control. 0392 .. General Telecommunications. (Based on 2003 Basic General Schedule 0817 .. Surveying Technician. 0394 .. Communications Clerical. Salary Table) 0818 .. Engineering Drafting. 0503 .. Financial Clerical and Technician. The supervisory rate ranges include basic 0856 .. Electronics Technician. 0525 .. Accounting Technician. pay and supervisory adjustment in the 0895 .. Industrial Engineering Technician. 0530 .. Cash Processing. following percentages: 1311 .. Physical Science Technician. 0540 .. Voucher Examining. 1316 .. Hydrologic Technician. 0544 .. Civilian Pay. Supervisor A—10% 1341 .. Meteorological Technician. 0545 .. Military Pay. Supervisor B—20% 1371 .. Cartographic Technician. 0561 .. Budget Clerical and Assistance. Supervisor C—30% 1374 .. Geodetic Technician. 0622 .. Medical Supply Aide and Technician. Supervisor D—45% 1521 .. Mathematics Technician. 0664 .. Restoration Technician. Locality pay adjustments will apply to the 1531 .. Statistical Assistant. 0675 .. Medical Records Technician. nonsupervisory and supervisory pay 0679 .. Medical Support Assistance. ranges, as appropriate

Level 3 rate range Level 4 does not Career Group 1 Level 1 rate range Level 2 rate range $102,168– exist in this $23,442–$66,961 $61,251–$110,682 $133,800 Career Group

Supervisor A...... N/A N/A N/A Supervisor B ...... N/A $61,241–$129,498 N/A Supervisor C ...... N/A $61,251– N/A $150,865 ** Supervisor D...... N/A N/A N/A

Level 4 rate range Career Group 2 Level 1 rate range Level 2 rate range Level 3 rate range $102,168– $23,442–$55,873 $51,508–$79,629 $72,381–$110,682 $133,800

Supervisor A ...... $23,442–$61,460 $51,508–$87,592 N/A N/A Supervisor B ...... $23,442–$66,961 $51,508–$94,098 $72,381–$129,498 N/A

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Level 4 rate range Career Group 2 Level 1 rate range Level 2 rate range Level 3 rate range $102,168– $23,442–$55,873 $51,508–$79,629 $72,381–$110,682 $133,800

Supervisor C ...... $23,442–$79,629 $51,508–$110,682 $72,381– N/A $150,865 ** Supervisor D ...... $23,442–$94,098 $51,508–$129,498 N/A N/A

Level 4 does not Career Group 3 Level 1 rate range Level 2 rate range Level 3 rate range exist in this $15,214–$27,234 $23,442–$37,749 $32,158–$55,873 Career Group

Supervisor A ...... $15,214–$28,868 $23,442–$40,014 $32,158–$61,460 Supervisor B ...... $15,214–$30,471 $23,442–$41,806 $32,158–$66,961 Supervisor C ...... N/A $23,442–$46,175 $32,158–$79,629 Supervisor D ...... N/A $23,442–$50,851 N/A

Level 4 does not Career Group 4 Level 1 rate range Level 2 rate range Level 3 rate range exist in this $15,214–$27,234 $23,442–$37,749 $32,158–$50,851 Career Group

Supervisor A ...... $15,214–$28,868 $23,442–$40,014 $32,158–$55,936 Supervisor B ...... $15,214–$30,471 $23,442–$41,806 $32,158–$61,021 Supervisor C ...... N/A $23,442–$46,175 $32,158–$66,961 Supervisor D ...... N/A $23,442–$50,851 N/A

Career Group 5 Does Not Have Associated Note: The basis for ‘‘N/A’’ is that supervised (see VI.A.1). However, in no case Supervisory Tables. establishment of supervisory positions at will pay exceed the rate of basic pay for SES ** Not to exceed SES level 4 (ES–4 = these levels is not anticipated. However, if a level 4 (ES–4). $133,800) supervisory position is established at such a level, the maximum rate of pay is 20 percent [FR Doc. 03–7816 Filed 3–27–03; 4:11 pm] above the maximum rate for the base level BILLING CODE 5001–08–P

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Part III

Department of Commerce Bureau of Industry and Security

15 CFR Parts 740, et al. Revisions to the Export Administration Regulations Related to the Missile Technology Control Regime (MTCR); Final Rule

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DEPARTMENT OF COMMERCE spread of nuclear weapons, the MTCR is partners are intimately familiar with neither an international treaty nor a such a list structure and it facilitates Bureau of Industry and Security legally binding agreement. MTCR ease in translating the MTCR Annex members voluntarily pledge to adopt the changes to national legislation. This is 15 CFR parts 740, 742, and 774 regime’s export Guidelines and to the same structure used in the CCL and restrict the export of items contained in European Union List. As a result of [Docket No. 030304054–3054–01] the regime’s Annex. Except for reformatting and the need to succinctly RIN 0694–AC22 production facilities specially designed separate software and technology for Category I items, trade of MTCR controls, the revisions in this rule Revisions to the Export Administration controlled items is not absolutely provide clarity and ensure consistent Regulations Related to the Missile prohibited by the Guidelines, but is interpretations. The MTCR adopted a Technology Control Regime (MTCR) constrained by national export control software definition, general software laws and policies. note and general technology note, AGENCY: Bureau of Industry and consistent with those outlined in the Security, Commerce. Membership Wassenaar Arrangement. The ACTION: Final rule. The current membership of the MTCR reformatted MTCR Annex includes includes: Argentina, Australia, Austria, adopted changes to clarify the SUMMARY: The Bureau of Industry and Belgium, Brazil, Canada, the Czech Security (BIS) is amending the equipment intended to be controlled by Republic, Denmark, Finland, France, the MTCR for testing, calibrating and Commerce Control List (CCL) to reflect Germany, Greece, Hungary, Iceland, the reformatted Missile Technology aligning inertial equipment (e.g., Ireland, Italy, Japan, Korea (Republic balancing machines, motion simulators/ Control Regime (MTCR) Annex of of), Luxembourg, The Netherlands, New October 14, 1999. This final rule also rate tables, positioning tables, etc.), Zealand, Norway, Poland, Portugal, production equipment for amends Country Group A:2, MTCR, to Russia, South Africa, Spain, Sweden, add the Czech Republic, Korea manufacturing propellants, and control Switzerland, Turkey, Ukraine, United of certain specialty steels for (Republic of), Poland, Turkey, and Kingdom, and United States (original Ukraine to reflect their membership in manufacturing missiles. These changes members in bold). were published in the Federal Register/ the MTCR. This revision also corrects While all nations have been Vol. 64, No. 25 on February 8, 1999. the control text in 9B106 that encouraged to abide by the MTCR’s However, our MTCR partners chose to erroneously captures standalone terms, not all states have been invited to wait for the adoption of the reformatted altitude chambers, and corrects the MT/ become formal regime members. Annex before publishing these changes. NP reason for control of spin forming Membership decisions, like all other and flow forming machines described in regime decisions, are made only by Consequently, in this revision to the 2B009. consensus. Regime partners attend EAR, several Export Control annual meetings, share information Classification Numbers (ECCNs) had to DATES: This rule is effective April 2, be renumbered and/or subdivided into 2003. about other nations’ export control programs and proliferation concerns, multiple entries. For example, the FOR FURTHER INFORMATION CONTACT: conduct export control workshops and balancing machines, motion simulators/ Sharron Cook, Office of Exporter are involved in revising and updating rate tables, positioning tables, and Services, Bureau of Industry and the regime’s Guidelines and technical centrifuges controlled in 7B104.a Security, Telephone: (202) 482–2440. Annex. Meetings are not public due to through .e have been moved to new SUPPLEMENTARY INFORMATION: The the sensitive nature of the discussions. individual entries under 2B119 through Missile Technology Control Regime This final rule amends Country Group 2B122. Continuous mixers and fluid (MTCR) is an export control A:2, Missile Technology Control Regime energy mills controlled in 1B117 have arrangement among 33 nations (MTCR), to add the Czech Republic, been moved to new ECCNs 1B118 and including the world’s most advanced Korea (Republic of), Poland, Turkey, 1B119, respectively. Other revisions to suppliers of ballistic missiles and and Ukraine. Country Groups are used the EAR include relaxation in the missile-related materials and to identify groups of countries for ease controls of certain metal fuels described equipment. The regime is designed to of reference when stating license in 1C111 by reducing their particle size. stem the spread of rockets and requirements, license review policy or The metal fuels include magnesium, unmanned air vehicles systems capable eligibility for License Exceptions. These beryllium, boron, zirconium and of delivering weapons of mass countries were admitted to the MTCR. spherical aluminum powders. For destruction by establishing a common Consequently, the Export spherical aluminum powder an export control policy (the Guidelines) Administration Regulations (EAR) are additional parameter on particle size and a shared list of controlled items (the amended to reflect the new status of distribution has been introduced to Annex) that each country implements these countries. ensure that a sufficient amount of such with its own national legislation. This rule also amends the Commerce powder with small enough particle sizes While the MTCR was originally meant Control List (CCL) to reflect the remains controlled. This revision also to prevent the spread of missiles capable reformatted MTCR Annex of October 14, corrects the control text in 9B106 that of carrying a nuclear warhead, it was 1999 (Noordwijk/TEM). The erroneously captures standalone expanded in January 1993 to also cover reformatting of the MTCR Annex was an altitude chambers, and corrects the MT/ delivery systems for chemical and exercise in redrafting the Annex to NP reason for control of spin forming biological weapons. The only absolute conform to the former CoCom List and flow forming machines described in prohibition in the regime’s Guidelines is structure that contains five individual 2B009. on the transfer of complete ‘‘production groupings for the ‘‘Equipment, This rule replaces references to the facilities’’ for specially designed items Assemblies and Components’’, ‘‘Test ‘‘Office of Defense Trade Controls’’ with in Category I of the MTCR Annex. and Production Equipment’’, the ‘‘Directorate of Defense Trade Unlike the Nuclear Non-Proliferation ‘‘Materials’’, ‘‘Software’’ and Controls,’’ because the State Department Treaty, which seeks to prevent the ‘‘Technology’’. Most of our MTCR realigned responsibilities for

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administering defense trade controls, on software controlled by 5D101, to ITAR and clarifies what is January 16, 2003. 5E101. controlled in this entry. The summary of changes listed here 6D104—Removes ‘‘use’’ software 1E001—Conforming changes to MT shows those ECCNs that are impacted controls for optical detectors controls. by the reformatting and is not intended (6A002), cameras (6A003), gravity 1E101—Conforming changes to heading, to be a comprehensive list of changes. meters & gravity gradiometers added 1A101, 1B102, 1B115, (6A007), radiation hardened 1B118, and 1B119. Newly Added Export Control detectors (6A102) and radar cross 1E102—Adds a note from the MTCR Classification Numbers (ECCNs) section measurement systems (17E1) to the Related Controls 1A101—Devices for reduced (6B108). paragraph. observables (previously 1C101). 6E102—No MT controls on ‘‘use’’ 1E103—Clarifies the technology control 1B102—Metal powder ‘‘production technology for 6D001 & 6D002. to harmonize with the MTCR equipment’’ (formerly 1B117.d). 7B104—Moved specific production Annex (6.E.2). 1B118—Continuous mixers (formerly equipment for inertial systems to 1E104—Harmonizes the heading with 1B117.b). 2B119 through 2B122. the EU and MTCR Annex (7.E.1). 1B119—Fluid energy mills (formerly 9D102—‘‘Use’’ software combined into 2B009—Corrects the MT reason for 1B117.c). 9D104. control. 1C102—Resaturated pyrolized carbon- 2B104—Adds a technical note to the carbon materials (previously Revisions related definitions section. 1A102) 1A102—Moves materials to 1C102. This 2B109—Adds components to units 2B119—Balancing machines and related entry now controls carbon-carbon paragraph and moves ECCN Notes equipment (previously 7B104.a and components, only. to Technical notes. b) 1B101—Expands heading to clarify that 2B116—Moves the definition of ‘‘bare 2B120—Motion simulators or rate tables this entry also controls equipment table’’ from the Related Definitions (equipment capable of simulating for the ‘‘production’’ of fibers, paragraph to a technical note below motion) (previously 7B104.c) prepregs or preforms. paragraph .d in the list of items. 2B121—Positioning tables (equipment 1B115—Combines 1B115 with 1B117.e 2D101—Adds software controls for the capable of precise rotary position in and .f. This entry formerly use of 2B119 to 2B122. 2E001, 2E002—Adds MT controls to any axis), other than those controlled liquid propellant technology for items controlled by controlled in 2B120 (previously production equipment; but now 2B119 to 2B122. 7B104.d) controls both liquid and solid 2E101—Revised to make conforming 2B122—Centrifuges able to imparting propellant production equipment, change, because of revisions to accelerations above 100 g and n.e.s. 7B104 and 2B104, and adds 2D002 having slip rings capable of 1B117—Splits entry. This entry to heading and NP controls transmitting electrical power and formerly controlled solid propellant paragraph. signal information (previously production equipment; but now 3A001—Clarifies MT control. 7B104.e) controls only batch mixers 3A101—Harmonizes 3A101.b with 6A103—Radomes usable in protecting (previously 1B117.a) [.b moved to MTCR Annex (15.b.5), to clarify rockets against nuclear effects. (DTC 1B118; .c moved to 1B119; .d that this commodity is controlled jurisdiction) moved to 1B102; .e moved to when usable in ‘‘missiles’’ or 9C110—Resin impregnated fiber prepeg 1B115.b; and .f moved to heading of subsystems for ‘‘missiles.’’ materials (previously 9A110) 1B115] 3D101—Revises the heading by adding 9D104—Moved former 9D102 to this 1C010—Adds 9C110 to the Related the phrase ‘‘or modified’’ to new entry and removed ‘‘use’’ Controls paragraph. conform with the MTCR Annex. software for those composite 1C101—Splits the ‘‘devices’’ from this 3E101—Revises the heading to clarify structures and prepregs controlled ECCN and moved them to 1A101. controls for 3A001 and adds 3D101. in 9A110. 1C107—Harmonizes list of items 4D001—Removed MT controls on 9D105—Software which coordinates the controlled with MTCR. software for the development, function of more than one 1C111—Relaxes controls on certain production and use of equipment in subsystem. (new entry under DTC metal fuels, by reducing particle 4A001 to 4A003, as this software is jurisdiction). size for certain metal fuels. not on the MTCR annex. 1C118—Revises the heading, and Deleted ECCN’s 4D002—Removed MT controls on harmonized the numbering with the software for the development, 1D102—Removed ‘‘development’’ and EU list. production and use of technology ‘‘production’’ software in 1D102 for 1D002—Removes MT controls, the controlled by 4E that was controlled items in 1A, 1B and 1C. Other MTCR does not control software for for MT reasons, as this software is specially designed software for the the development of organic matrix, not on the MTCR annex. ‘‘use’’ of MT items in 1A, 1B and 1C metal matrix, or carbon matrix 4D994—Adds 4A101 to the heading. are now covered in 1D101. laminates or composites. 4E001—Removes MT controls on 3D102—No MT controls on 1D101—Adds MT controls for ‘‘use’’ technology for the development, development and production software for propellant production production and use of equipment in software for radiation hardened IC’s equipment described in 1B102, 4A001.b, 4A002, 4A003, and (3A001.a.1.a) or accelerators 1B115, 1B117 to 1B119. software in 4D001, 4D002 & 4D102. (3A101). 1D103—Revises the Heading, and adds 5A101—Adds clarifying language. 4D102—No MT controls on software for a note in the Related Controls 5D101—Removes MT controls on the development, production, and paragraph of the List of Items development and production use of equipment in 4A101. Controlled section that alerts software for telemetry equipment. 5E111—Moved technology for the exporters that similar items are Retained MT controls on the ‘‘use’’ development, production and use of controlled on the USML in the software.

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5E101—Adds technology for the regard to 9A004, revises Related rulemaking, the opportunity for public development, production and use of Controls to reflect movement of participation, and a delay in effective software controlled by 5D101 9A120 to 9A012, and adds new date, are inapplicable because this (formerly 5E111). ECCN entries 9D104 and 9D105. regulation involves a military and 6A002 & 6A102—Clarifies language for foreign affairs function of the United Saving Clause MT controls. States (5 U.S.C. 553(a)(1)). Further, no 6A107—Adds harmonization language This rule revises the numbering and other law requires that a notice of to heading and reformatted entry. structure of certain entries on the proposed rulemaking and an 6A108—Adds clarifying language to Commerce Control List. For items under opportunity for public comment be .b.1. such entries and for July 1, 2003, BIS given for this final rule. Because a 6B108—Adds clarifying language. will accept license applications for notice of proposed rulemaking and an 6D102—Adds clarifying language to items described either by the entries in opportunity for public comment are not heading. effect immediately before April 2, 2003 required to be given for this rule under 6D103—Adds clarifying language to or the entries described in this rule. the Administrative Procedure Act or by heading. Shipments of items removed from any other law, the analytical 6E101—Clarifies language in note 2 of License Exception eligibility or NLR requirements of the Regulatory the Related Definitions paragraph. authorization as a result of this Flexibility Act (5 U.S.C. 601 et seq.) are 7B001—Clarifies language in the regulatory action that were on dock for Related Controls paragraph. not applicable. Therefore, this loading, on lighter, laden aboard an regulation is issued in final form. 7B003—Added related control to exporting carrier, or en route aboard a reference 7B994. Although there is no formal comment carrier to a port of export, on April 2, period, public comments on this 7B101—Makes conforming change, 2003, pursuant to actual orders for because 7B104 moved to 2B119 to regulation are welcome on a continuing export to a foreign destination, may basis. Comments should be submitted to 2B122. proceed to that destination under the 7B102—Replaces the word Sharron Cook, Office of Exporter previous License Exception eligibility or ‘‘measurement’’ with ‘‘threshold’’ in Services, Bureau of Industry and NLR authorization provisions so long as the list of items. Security, Department of Commerce, P.O. 7D101—Adds 7A116 to heading. they have been exported from the Box 273, Washington, DC 20044. United States before June 2, 2003. Any 7D102—Limits integration software for List of Subjects inertial navigation systems to those such items not actually exported before that are specially designed. midnight, on June 2, 2003, require a 15 CFR Part 740 7E001 & 7E101—Added a reference to license in accordance with this regulation. Administrative practice and 7D101, 7D102.a and 7D103 in procedure, Exports, Foreign trade, ‘‘Related Controls.’’ Although the Export Administration Act expired on August 20, 2001, Reporting and recordkeeping 7E104—Adds clarifying language to the requirements. heading. Executive Order 13222 of August 17, 9A106—Adds harmonization language 2001 (66 FR 44025, August 22, 2001), as 15 CFR Parts 742 and 774 extended by the Notice of August 14, to heading. Exports, Foreign trade. 2002 (67 FR 53721, August 16, 2002), 9A110—Moves materials described in ■ continues the Regulations in effect Accordingly, parts 740, 742, and 774 of heading to 9C110. the Export Administration Regulations 9A115—Adds clarifying language. under the International Emergency 9A117—Adds clarifying language. Economic Powers Act. (15 CFR parts 730–799) are amended as 9B005—Removes MT controls. follows: Rule Making Requirements 9B106—Restructures the control text to PART 740—[AMENDED] capture specific environmental and 1. This final rule has been determined anechoic chambers to conform to to be not significant for purposes of E.O. ■ 1. The authority citation for 15 CFR the MTCR Annex. This correction 12866. part 740 continues to read as follows: 2. Notwithstanding any other clarified the controls on standalone Authority: 50 U.S.C. app. 2401 et seq.; 50 altitude chambers which are now provision of law, no person is required U.S.C. 1701 et seq.; Sec. 901–911, Pub. L. properly classified as EAR99. to respond to nor be subject to a penalty 106–387; E.O. 13026, 61 FR 58767, 3 CFR, 9B116—Add 9A012 to Heading. for failure to comply with a collection 1996 Comp., p. 228; E.O. 13222, 66 FR 44025, 9D001 & 9D002—Removes MT controls of information, subject to the 3 CFR., 2001 Comp., p. 783; Notice of August for development and production requirements of the Paperwork 14, 2002, 67 FR 53721, August 16, 2002. software that was not reflected on Reduction Act, unless that collection of ■ 2. Supplement No. 1 to part 740, the MTCR Annex. information displays a current valid Country Groups, Country Group A, is 9D101—Adds the word ‘‘modified’’, and OMB Control Number. This rule amended in Column A:2, Missile Tech- changes the word ‘‘goods’’ to involves a collection of information nology Control Regime, by adding an ‘‘commodities’’ in the heading. subject to the Paperwork Reduction Act ‘‘X’’ for countries: ‘‘Czech Republic’’, 9D102—Moves to 9D104, and removed of 1980 (44 U.S.C. 3501 et seq.). This ‘‘Korea, South’’, ‘‘Poland’’, ‘‘Turkey’’, MT controls on ‘‘use’’ software for collection has been approved by the and ‘‘Ukraine’’. those composite structures and Office of Management and Budget under prepregs controlled in 9A110. control number 0694–0088. There are PART 742—[AMENDED] 9E101—Revises Heading and Related neither additions nor subtractions to Controls to reflect movement of these collections due to this rule. ■ 3. The authority citation for 15 CFR 9A120 to 9A012, adds technology 3. This rule does not contain policies part 742 continues to read as follows: controls for 9D101 and 9D103 to with Federalism as that term is defined Authority: 50 U.S.C. app. 2401 et seq.; 50 reflect MTCR Annex controls; and in Executive Order 13132. U.S.C. 1701 et seq.; 18 U.S.C. 2510 et seq.; adds new entries 9D104 and 9D105. 4. The provisions of the 22 U.S.C. 3201 et seq.; 42 U.S.C. 2139a; Sec. 9E102—Revises Heading to harmonize Administrative Procedure Act (5 U.S.C. 901–911, Pub. L. 106–387; Sec. 221, Pub. L. with European Union List with 553) requiring notice of proposed 107–56; E.O. 12058, 43 FR 20947, 3 CFR,

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1978 Comp., p. 179; E.O. 12851, 58 FR 33181, Items: The list of items controlled is Control(s) Country Chart 3 CFR, 1993 Comp., p. 608; E.O. 12938, 59 contained in the ECCN heading. FR 59099, 3 CFR, 1994 Comp., p. 950; E.O. AT applies to entire entry AT Column 1 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. ■ 7. In Supplement No. 1 to part 774 (the 228; E.O. 13222, 66 FR 44025, 3 CFR., 2001 Commerce Control List), Category 1 License Exceptions Comp., p. 783; Notice of November 9, 2001, (Materials, Chemicals, ‘‘Microorga- LVS: N/A 66 FR 56965, 3 CFR, 2001 Comp., p. 917; nisms,’’ and Toxins) is amended by GBS: N/A Notice of August 14, 2002, 67 FR 53721, revising the heading of Export Control CIV: N/A August 16, 2002. Classification Number (ECCN) 1A102, to List of Items Controlled ■ 4. Section 742.5 is amended by read as follows: Unit: Equipment in number; revising the phrase ‘‘ECCN 1B115.a’’ to 1A102 Resaturated pyrolized carbon- components in $ value read ‘‘ECCN 1B117’’ in paragraph (c)(1). carbon components designed for Related Controls: 1.) See also 1B115.b. ‘‘missiles.’’ (These items are subject Related Definitions: N/A PART 774—[AMENDED] to the export licensing authority of Items: the U.S. Department of State, a. Metal power ‘‘production ■ Directorate of Defense Trade 5. The authority citation for 15 CFR equipment usable for the ‘‘production,’’ Controls. See 22 CFR part 121.) part 774 continues to read as follows: in a controlled environment, of Authority: 50 U.S.C. app. 2401 et seq.; 50 ■ 8. In Supplement No. 1 to part 774 (the spherical or atomized materials U.S.C. 1701 et seq.; 10 U.S.C. 7420; 10 U.S.C. Commerce Control List), Category 1 specified in 1C011.a, 1C011.b, 7430(e); 18 U.S.C. 2510 et seq.; 22 U.S.C. (Materials, Chemicals, ‘‘Microorga- 1C111.a.1, 1C111.a.2, or on the U.S. 287c, 22 U.S.C. 3201 et seq., 22 U.S.C. 6004; nisms,’’ and Toxins) is amended by Munitions List. 30 U.S.C. 185(s), 185(u); 42 U.S.C. 2139a; 42 revising the heading and the Related b. Specially designed components for U.S.C. 6212; 43 U.S.C. 1354; 46 U.S.C. app. 466c; 50 U.S.C. app. 5; Sec. 901–911, Pub. L. Definitions paragraph of the List of Items ‘‘production equipment’’ specified in 106–387; Sec. 221, Pub. L. 107–56; E.O. Controlled section of Export Control 1B002 or 1B102.a. 13026, 61 FR 58767, 3 CFR, 1996 Comp., p. Classification Number (ECCN) 1B101, to Note: 1B102 includes: 228; E.O. 13222, 66 FR 44025, 3 CFR., 2001 read as follows: a. Plasma generators (high frequency arc- Comp., p. 783; Notice of August 14, 2002, 67 1B101 Equipment, other than that jet) usable for obtaining sputtered or FR 53721, August 16, 2002. controlled by 1B001, for the spherical metallic powders with organization of the process in an argon-water ■ 6. In Supplement No. 1 to part 774 (the ‘‘production’’ of structural composites, fibers, prepregs or environment; Commerce Control List), Category 1 b. Electroburst equipment usable for (Materials, Chemicals, ‘‘Microorga- preforms as follows (see List of obtaining sputtered or spherical metallic nisms,’’ and Toxins) is amended by Items Controlled); and specially powders with organization of the process in adding Export Control Classification designed components, and an argon-water environment; Number (ECCN) 1A101, to read as fol- accessories therefor. c. Equipment usable for the ‘‘production’’ * * * * * of spherical aluminum powders by lows: powdering a melt in an inert medium (e.g., 1A101 Devices for reduced List of Items Controlled nitrogen). observables such as radar Unit: *** ■ 10. In Supplement No. 1 to part 774 reflectivity, ultraviolet/infrared Related Controls: *** signatures and acoustic signatures, (the Commerce Control List), Category 1 Related Definitions: Examples of (Materials, Chemicals, ‘‘Microorga- for applications usable in components and accessories for the ‘‘missiles’’ and their subsystems. nisms,’’ and Toxins), Export Control machines controlled by this entry are Classification Number (ECCN) 1B115 is License Requirements molds, mandrels, dies, fixtures and amended by revising the Heading, and tooling for the preform pressing, Reason for Control: MT, AT the Related Controls and Items para- curing, casting, sintering or bonding graphs in the List of Items Controlled of composite structures, laminates Control(s) Country Chart section, to read as follows: and manufactures thereof. 1B115 Equipment, other than that MT applies to entire entry MT Column 1 Items: controlled in 1B002 or 1B102, for AT applies to entire entry AT Column 1 * * * * * the ‘‘production’’ of propellant or License Exceptions ■ 9. In Supplement No. 1 to part 774 (the propellant constituents, and Commerce Control List), Category 1 specially designed components LVS: N/A (Materials, Chemicals, ‘‘Microorga- therefor. GBS: N/A nisms,’’ and Toxins) is amended by * * * * * CIV: N/A adding Export Control Classification List of Items Controlled List of Items Controlled Number (ECCN) 1B102 to follow ECCN 1B101, to read as follows: Unit: *** Unit: $ value 1B102 Metal powder ‘‘production Related Controls: For the control of Related Controls: See also 1C101. For equipment,’’ other than that batch mixers, continuous mixers and commodities that meet the definition specified in 1B002, and fluid energy mills, see 1B117, 1B118 of defense articles under 22 CFR 120.3 components as follows (see List of and 1B119. of the International Traffic in Arms Items Controlled). Related Definitions: *** Regulations (ITAR), see also 22 CFR Items: 121.16, Item 17-Category II of the License Requirements a. ‘‘Production equipment’’ for the (ITAR), which describes similar ‘‘production’’, handling or acceptance Reason for Control: MT, AT commodities under the jurisdiction of testing of liquid propellants or the Department of State, Directorate of Control(s) Country Chart propellant constituents controlled by Defense Trade Control. 1C011.a, 1C011.b, 1C111 or on the U.S. Related Definitions: N/A MT applies to entire entry MT Column 1 Munitions List;

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b. ‘‘Production equipment,’’ for the License Requirements ‘‘matrix’’ or carbon ‘‘matrix’’ production, handling, mixing, curing, ‘‘composite’’ structures or Reason for Control: MT, AT casting, pressing, machining, extruding laminates, as follows (see List of or acceptance testing of solid Control(s) Country chart Items Controlled). propellants or propellant constituents * * * * * described in 1C011.a, 1C011.b or 1C111, MT applies to entire entry MT Column 1 or on the U.S. Munitions List. AT applies to entire entry AT Column 1 List of Items Controlled Note: 1B115.b does not control batch License Exceptions Unit: *** mixers, continuous mixers or fluid energy Related Controls: (1) See ECCNs 1E001 LVS: N/A mills. For the control of batch mixers, (‘‘development’’ and ‘‘production’’) GBS: N/A continuous mixers and fluid energy mills see and 1E201 (‘‘use’’) for technology for CIV: N/A 1B117, 1B118, and 1B119. items controlled by this entry. (2) List of Items Controlled Also see ECCNs 1C210 and 1C990. (3) Note 1: [RESERVED]. See also 9C110 for material not Unit: Equipment in number; controlled by 1C010.e, as defined by Note 2: 1B115 does not control equipment components in $ value notes 1 or 2. for the ‘‘production,’’ handling and Related Controls: N/A Related Definitions: *** acceptance testing of boron carbide. Related Definitions: N/A Items: Items: ■ 11. In Supplement No. 1 to part 774 a. Two or more mixing/kneading * * * * * ■ (the Commerce Control List), Category 1 shafts; and 15. In Supplement No. 1 to part 774 (Materials, Chemicals, ‘‘Microorga- b. Capability to open the mixing (the Commerce Control List), Category 1 nisms,’’ and Toxins), Export Control chamber. (Materials, Chemicals, ‘‘Microorga- nisms,’’ and Toxins) is amended by Classification Number (ECCN) 1B117 is ■ 13. In Supplement No. 1 to part 774 revising the Heading and the Unit, the amended by revising the Heading and (the Commerce Control List), Category 1 Related Controls, and the Items para- the Related Controls, the Related Defini- (Materials, Chemicals, ‘‘Microorga- graphs in the List of Items Controlled tions, and the Items paragraphs in the nisms,’’ and Toxins) is amended by section of Export Control Classification List of Items Controlled section, to read adding Export Control Classification Number (ECCN) 1C101, to read as fol- as follows: Number (ECCN) 1B119 to follow ECCN lows: 1B117 Batch mixers with provision 1B118, to read as follows: 1C101 Materials for reduced for mixing under vacuum in the 1B119 Fluid energy mills usable for observables such as radar range from zero to 13.326 kPa and grinding or milling propellant or reflectivity, ultraviolet/infrared with temperature control capability propellant constituents specified in signatures and acoustic signatures of the mixing chamber and having 1C011.a, 1C011.b or 1C111, or on (i.e., stealth technology), other than all of the following characteristics the U.S. Munitions List, and those controlled by 1C001, for (see List of Items Controlled), and specially designed components applications usable in ‘‘missiles’’ specially designed components therefor. and their subsystems. therefor. License Requirements * * * * * * * * * * Reason for Control: MT, AT List of Items Controlled List of Items Controlled Unit: $ value Control(s) Country chart Related Controls: (1) Materials Unit: *** MT applies to entire entry MT Column 1 controlled by this entry include Related Controls: N/A AT applies to entire entry AT Column 1 structural materials and coatings Related Definitions: N/A (including paints), specially designed License Exceptions Items: for reduced or tailored reflectivity or LVS: N/A emissivity in the microwave, infrared a. A total volumetric capacity of 110 GBS: N/A or ultraviolet spectra. (2) This entry liters (30 gallons) or more; and CIV: N/A does not control coatings (including paints) when specially used for the b. At least one mixing/kneading shaft List of Items Controlled mounted off center. thermal control of satellites. (3) For Unit: Equipment in number; commodities that meet the definition ■ 12. In Supplement No. 1 to part 774 components in $ value of defense articles under 22 CFR 120.3 (the Commerce Control List), Category 1 Related Controls: N/A of the International Traffic in Arms (Materials, Chemicals, ‘‘Microorga- Related Definitions: N/A Regulations (ITAR), see 22 CFR nisms,’’ and Toxins) is amended by Items: The list of items controlled is 121.16, Item 17-Category II of the adding Export Control Classification contained in the ECCN heading. (ITAR), which describes similar Number (ECCN) 1B118 to follow ECCN ■ 14. In Supplement No. 1 to part 774 commodities under the jurisdiction of 1B117, to read as follows: (the Commerce Control List), Category 1 the Department of State, Directorate of 1B118 Continuous mixers with (Materials, Chemicals, ‘‘Microorga- Defense Trade Control. provision for mixing under vacuum nisms,’’ and Toxins) is amended by Related Definitions: *** in the range from zero to 13.326 revising the Related Controls paragraph Items: The list of items controlled is kPa and with temperature control in the List of Items Controlled section of contained in the ECCN heading. capability of the mixing chamber Export Control Classification Number ■ 16. In Supplement No. 1 to part 774 and having all of the following (ECCN) 1C010, to read as follows: (the Commerce Control List), Category 1 characteristics (see List of Items 1C010 ‘‘Fibrous or filamentary (Materials, Chemicals, ‘‘Microorga- Controlled), and specially designed materials’’ which may be used in nisms,’’ and Toxins) is amended by components therefor. organic ‘‘matrix’’, metallic adding Export Control Classification

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Number (ECCN) 1C102 to follow ECCN (Materials, Chemicals, ‘‘Microorga- b.4. Polybutadiene-acrylic acid- 1C101, to read as follows: nisms,’’ and Toxins) is amended by acrylonitrile (PBAN); 1C102 Resaturated pyrolized carbon- revising the Heading and the Related c. Other propellant additives and carbon materials designed for Controls and the Items paragraphs in the agents: space launch vehicles specified in List of Items Controlled section of Export c.1. Butacene ; 9A004 or sounding rockets Control Classification Number (ECCN) c.2. Triethylene glycol dinitrate specified in 9A104. (These items 1C111, to read as follows: (TEGDN); are subject to the export licensing 1C111 Propellants and constituent c.3. 2-Nitrodiphenylamine; authority of the U.S. Department of chemicals for propellants, other c.4. Trimethylolethane trinitrate State, Directorate of Defense Trade than those specified in 1C011, as (TMETN); Controls. See 22 CFR part 121.) follows (see List of Items c.5. Diethylene glycol dinitrate ■ 17. In Supplement No. 1 to part 774 Controlled). (DEGDN). (the Commerce Control List), Category 1 * * * * * ■ 19. In Supplement No. 1 to part 774 (Materials, Chemicals, ‘‘Microorga- (the Commerce Control List), Category 1 nisms,’’ and Toxins) is amended by List of Items Controlled (Materials, Chemicals, ‘‘Microorga- revising the Related Controls paragraph Unit: *** nisms,’’ and Toxins), Export Control and the Items paragraph in the List of Related Controls: Butacene as defined Classification Number (ECCN) 1C118 is Items Controlled of Export Control by 1C111.c.1 is subject to the export amended by revising the Heading and Classification Number (ECCN) 1C107, to licensing authority of the U.S. the Items paragraph in the List of Items read as follows: Department of State, Directorate of Controlled section, to read as follows: 1C107 Graphite and ceramic Defense Trade Controls (See 22 CFR 1C118 Titanium-stabilized duplex materials, other than those 121.12.(b)(6), other ferrocene stainless steel (Ti-DSS), having all controlled by 1C007, as follows (see derivatives) of the following characteristics (see List of Items Controlled). Related Definitions: *** List of Items Controlled). * * * * * Items: * * * * * a. Propulsive substances: List of Items Controlled a.1. Spherical aluminum powder, List of Items Controlled Unit: *** other than that specified on the U.S. Unit: *** Related Controls: (1) See also OC005 Munitions List, with particles of Related Controls: *** and 1C004. (2) For commodities that uniform diameter of less than 200 Related Definitions: *** meet the definition of defense articles micrometer and an aluminum content of Items: under 22 CFR 120.3 of the ITAR, see 97% by weight or more, if at least 10 a. Having all of the following 22 CFR 121.16, Item 8-Category II of percent of the total weight is made up characteristics: the International Traffic in Arms of particles of less than 63 micrometer, a.1. Containing 17.0–23.0 weight Regulations (ITAR), which describes according to ISO 2591:1988 or national percent chromium and 4.5–7.0 weight similar commodities under the equivalents such as JIS Z8820. percent nickel; jurisdiction of the Department of Technical Note: A particle size of 63 a.2. Having a titanium content of State, Directorate of Defense Trade micrometer (ISO R–565) corresponds to greater than 0.10 weight percent; and Control. 250 mesh (Tyler) or 230 mesh (ASTM a.3. A ferritic-austenitic Related Definitions: *** standard E–11). microstructure (also referred to as a two- Items: a.2. Metal fuels, other than that phase microstructure) of which at least a. Fine grain recrystallized bulk controlled by the U.S. Munitions List, in 10 percent is austenite by volume graphites with a bulk density of 1.72 g/ particle sizes of less than 60 x 10¥6 m (according to ASTM E–1181–87 or 3 cm or greater, measured at 288 K (15 national equivalents), and ° (60 micrometers), whether spherical, C), and having a particle size of 100 atomized, spheroidal, flaked or ground, b. Having any of the following forms: micrometers or less, usable for rocket consisting 97% by weight or more of b.1. Ingots or bars having a size of 100 nozzles and reentry vehicle nose tips as any of the following: mm or more in each dimension; follows: a.2.a. Zirconium; b.2. Sheets having a width of 600 mm a.1. Cylinders having a diameter of a.2.b Beryllium; or more and a thickness of 3 mm or less; 120 mm or greater and a length of 50 a.2.c Magnesium; or or mm or greater; a.2.d Alloys of the metals specified b.3. Tubes having an outer diameter of a.2. Tubes having an inner diameter of by a.2.a to a.2.c above. 600 mm or more and a wall thickness 65 mm or greater and a wall thickness of 3 mm or less. of 25 mm or greater and a length of 50 Technical Note: The natural content of ■ 20. In Supplement No. 1 to part 774 mm or greater; hafnium in the zirconium (typically 2 % to (the Commerce Control List), Category 1 a.3. Blocks having a size of 120 mm 7%) is counted with the zirconium. (Materials, Chemicals, ‘‘Microorga- x 120 mm x 50 mm or greater. a.3. Liquid oxidizers, as follows: b. Pyrolytic or fibrous reinforced a.3.a. Dinitrogen trioxide; nisms,’’ and Toxins) is amended by graphites, usable for rocket nozzles and a.3.b. Nitrogen dioxide/dinitrogen removing ECCN 1D102. reentry vehicle nose tips; tetroxide; ■ 21. In Supplement No. 1 to part 774 c. Ceramic composite materials a.3.c. Dinitrogen pentoxide; (the Commerce Control List), Category 1 (dielectric constant less than 6 at b. Polymeric substances: (Materials, Chemicals, ‘‘Microorga- frequencies from 100 Hz to 10 GHz), for b.1. Carboxy-terminated nisms,’’ and Toxins) is amended by use in ‘‘missile’’ radomes; and polybutadiene (CTPB); revising the License Requirements sec- d. Bulk machinable silicon-carbide b.2. Hydroxy-terminated tion and the License Exceptions section reinforced unfired ceramic, usable for polybutadiene (HTPB), other than that of Export Control Classification Number nose tips. controlled by the U.S. Munitions List; (ECCN) 1D002, to read as follows: ■ 18. In Supplement No. 1 to part 774 b.3. Polybutadiene-acrylic acid 1D002 ‘‘Software’’ for the (the Commerce Control List), Category 1 (PBAA); ‘‘development’’ of organic

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‘‘matrix’’, metal ‘‘matrix’’ or carbon ■ 24. In Supplement No. 1 to part 774 1E101 ‘‘Technology’’, in accordance ‘‘matrix’’ laminates or (the Commerce Control List), Category 1 with the General Technology Note, ‘‘composites’’. (Materials, Chemicals, ‘‘Microorga- for the ‘‘use’’ of commodities and nisms,’’ and Toxins), Export Control software controlled by 1A101, License Requirements Classification Number (ECCN) 1E001 is 1A102, 1B001, 1B101, 1B102, Reason for Control: NS, AT amended by revising the Heading, and 1B115 to 1B119, 1C001, 1C007, the License Requirements section, to 1C011, 1C101, 1C107, 1C111, Control(s) Country chart read as follows: 1C116, 1C117, 1C118, 1D001, 1D101, or 1D103. NS applies to entire entry NS Column 1 1E001 ‘‘Technology’’ according to the AT applies to entire entry AT Column 1 General Technology Note for the * * * * * ‘‘development’’ or ‘‘production’’ of ■ 26. In Supplement No. 1 to part 774 License Requirement Notes: See § 743.1 of items controlled by 1A001.b, (the Commerce Control List), Category 1 the EAR for reporting requirements for 1A001.c, 1A002, 1A003, 1A005, (Materials, Chemicals, ‘‘Microorga- exports under Exceptions. 1A101, 1B, or 1C (except 1C355, nisms,’’ and Toxins), Export Control 1C980 to 1C984, 1C988, 1C990, Classification Number (ECCN) 1E102 is License Exceptions 1C991, 1C992, and 1C995). amended by revising the Heading, and CIV: Yes License Requirements the Related Controls paragraph of the TSR: Yes List of Items Controlled section, to read Reason for Control: NS, MT, NP, CB, AT * * * * * as follows: ■ 22. In Supplement No. 1 to part 774 Control(s) Country chart 1E102 ‘‘Technology’’ according to the (the Commerce Control List), Category 1 General Technology Note for the (Materials, Chemicals, ‘‘Microorga- NS applies to ‘‘tech- NS Column 1 ‘‘development’’ of software nisms,’’ and Toxins), Export Control nology’’ for items con- controlled by 1D001, 1D101 or 1D103. trolled by 1A001.b and Classification Number (ECCN) 1D101 is .c, 1A002, 1A003, * * * * * amended by revising the Heading, to 1A005, 1B001 to read as follows: 1B003, 1B018, 1C001 List of Items Controlled to 1C010, or 1C018. 1D101 ‘‘Software’’ specially designed Unit: *** or modified for the ‘‘use’’ of MT applies to ‘‘tech- MT Column nology’’ 1 for items Related Controls: This entry includes commodities controlled by 1B101, databases specially designed for 1B102, 1B115, 1B117, 1B118, or controlled by 1A101, 1B001, 1B101, 1B102, analysis of signature reduction. 1B119. 1B115 to 1B119, Related Definitions: *** * * * * * 1C001, 1C007, Items: *** ■ 23. In Supplement No. 1 to part 774 1C011, 1C101, ■ 27. In Supplement No. 1 to part 774 (the Commerce Control List), Category 1 1C102, 1C107, (the Commerce Control List), Category 1 1C111, 1C116, (Materials, Chemicals, ‘‘Microorga- 1C117, or 1C118 for (Materials, Chemicals, ‘‘Microorga- nisms,’’ and Toxins), Export Control MT reasons. nisms,’’ and Toxins), Export Control Classification Number (ECCN) 1D103 is NP applies to ‘‘tech- NP Column 1 Classification Number (ECCN) 1E103 is amended by revising the Heading, and nology’’ for items con- amended by revising the Heading, to Related Controls paragraph of the List of trolled by 1A002, read as follows: Items Controlled section, to read as fol- 1B001, 1B101, 1B201, 1E103 ‘‘Technical data’’ (including lows: 1B225 to 1B233, processing conditions) and 1C002, 1C010, procedures for the regulation of 1D103 ‘‘Software’’ specially designed 1C116, 1C202, for reduced observables such as 1C210, 1C216, 1C225 temperature, pressure or radar reflectivity, ultraviolet/ to 1C240 for NP rea- atmosphere in autoclaves or infrared signatures and acoustic sons. hydroclaves, when used for the signatures, for applications usable CB applies to ‘‘tech- CB Column 1 ‘‘production’’ of ‘‘composites’’ or in ‘‘missiles’’ or their subsystems. nology’’ for items con- partially processed ‘‘composites’’, trolled by 1C351, * * * * * usable for equipment or materials 1C352, 1C353, or specified in 1C007, 1C102, 1C107, List of Items Controlled 1C354. 1C116, 1C117, 1C118, 9A110, and 9C110. CB applies to ‘‘tech- CB Column 2 Unit: *** nology’’ for materials Related Controls: (1) This entry includes controlled by 1C350. * * * * * ‘‘software’’ specially designed for AT applies to entire AT Column 1 ■ 28. In Supplement No. 1 to part 774 analysis of signature reduction. (2) entry. (the Commerce Control List), Category 1 For software that meets the definition (Materials, Chemicals, ‘‘Microorga- of defense articles under 22 CFR 120.3 License Requirements Note: See § 743.1 of nisms,’’ and Toxins), Export Control the EAR for reporting requirements for of the International Traffic in Arms exports under License Exceptions. Classification Number (ECCN) 1E104 is Regulations (ITAR), see 22 CFR amended by revising the Heading and 121.16, Item 17-Category II of the * * * * * the Related Controls paragraph in the (ITAR), which describes similar ■ 25. In Supplement No. 1 to part 774 List of Items Controlled section, to read software that are under the (the Commerce Control List), Category 1 as follows: jurisdiction of the Department of (Materials, Chemicals, ‘‘Microorga- 1E104 Technology’’ for the State, Directorate of Defense Trade nisms,’’ and Toxins) is amended by ‘‘production’’ of pyrolytically Control. revising the Heading of Export Control derived materials formed on a Related Definitions: *** Classification Number (ECCN) 1E101, to mold, mandrel or other substrate Items: *** read as follows: from precursor gases which

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decompose in the 1,573 K (1,300≥C) a. Two or more controlled axes of with ‘‘numerical control’’ units or a to 3,173 K (2,900≥C) temperature which at least two can be coordinated computer control, even when not range at pressures of 130 Pa (1 mm simultaneously for ‘‘contouring equipped with such units at delivery; Hg) to 20 kPa (150 mm Hg), control’’; and and including ‘‘technology’’ for the b. A roller force more than 60 kN. a.2. Have more than two axes which composition of precursor gases, Technical Note: Machines combining can be coordinated simultaneously for flow-rates and process control the function of spin-forming and flow- ‘‘contouring control.’’ schedules and parameters. forming are for the purpose of 2B009 b. Specially designed components for * * * * * regarded as flow-forming machines. flow-forming machines controlled in ■ 30. In Supplement No. 1 to part 774 2B009 or 2B109.a. List of Items Controlled (the Commerce Control List), Category 2 Technical Notes: 1. Machines combining Unit: *** (Materials Processing), ECCN 2B104 is the function of spin-forming and flow- Related Controls: N/A amended by revising the Related Defini- forming are for the purpose of 2B109 Related Definitions: *** tions paragraph in the List of Items Con- regarded as flow-forming machines. Items: *** trolled section, to read as follows: 2. 2B109 does not control machines that ■ 29. In Supplement No. 1 to part 774 2B104 ‘‘Isostatic presses’’, other than are not usable in the ‘‘production’’ of (the Commerce Control List), Category 2 those controlled by 2B004, having propulsion components and equipment (e.g. all of the following characteristics motor cases) for systems in 9A005, 9A007.a, (Materials Processing), ECCN 2B009 is or 9A105.a. amended by revising the License (see List of Items Controlled). Requirements and the Related Controls * * * * * ■ 32. In Supplement No. 1 to part 774 paragraph and the Items paragraphs in List of Items Controlled (the Commerce Control List), Category 2 the List of Items Controlled section, to (Materials Processing), ECCN 2B116 is read as follows: Unit: *** amended by revising the Related Defini- Related Controls: *** tions paragraph and the Items paragraph 2B009 Spin-forming machines and Related Definitions: The inside chamber in the List of Items Controlled section, to flow-forming machines, which, dimension is that of the chamber in read as follows: according to the manufacturer’s which both the working temperature technical specifications, can be and the working pressure are 2B116 Vibration test systems, equipped with ‘‘numerical control’’ achieved and does not include equipment and components units or a computer control and fixtures. That dimension will be the therefor, as follows (see List of having all the characteristics (see smaller of either the inside diameter Items Controlled). List of Items Controlled). of the pressure chamber or the inside * * * * * License Requirements diameter of the insulated chamber, depending on which of the two List of Items Controlled Reason for Control: NS, MT, NP, AT chambers is located inside the other. Unit: *** Items: *** Related Controls: *** Control(s) Country chart ■ 31. In Supplement No. 1 to part 774 Related Definitions: Vibration test NS applies to entire entry NS Column 2 (the Commerce Control List), Category 2 systems incorporating a digital MT applies to: spin-form- MT Column 1 (Materials Processing), ECCN 2B109 is controller are those systems, the ing machines combining amended by removing the ECCN Con- functions of which are, partly or the functions of spin- trols paragraph in the List of Items Con- entirely, automatically controlled by forming and flow-form- trolled section and by revising the Unit stored and digitally coded electrical ing; and flow-forming paragraph, the Related Controls para- signals. machines that meet or graph, and the Items paragraph in the Items: exceed the parameters List of Items Controlled section, to read a. Vibration test systems employing of 2B009.a and 2B109. feedback or closed loop techniques and NP applies to flow-forming NP Column 1 as follows: machines, and spin- 2B109 Flow-forming machines, other incorporating a digital controller, forming machines capa- than those controlled by 2B009, capable of vibrating a system at 10 g ble of flow-forming func- and specially designed components RMS or more over the entire range 20 tions, that meet or ex- therefor. Hz to 2,000 Hz and imparting forces of ceed the parameters of 50 kN (11,250 lbs.), measured ‘‘bare * * * * * 2B209. table’’, or greater; AT applies to entire entry AT Column 1 List of Items Controlled b. Digital controllers, combined with * * * * * Unit: Equipment in number; specially designed vibration test ‘‘software’’, with a real-time bandwidth List of Items Controlled components in $ value. Related Controls: (1) See ECCN 2D101 greater than 5 kHz and designed for use Unit: *** for ‘‘software’’ for items controlled with vibration test systems described in Related Controls: (1) See ECCN 2D001 under this entry. (2) See ECCNs 2E001 2B116.a; for ‘‘software’’ for items controlled (‘‘development’’), 2E002 c. Vibration thrusters (shaker units), under this entry. (2) See ECCNs 2E001 (‘‘production’’), and 2E101 (‘‘use’’) for with or without associated amplifiers, (‘‘development’’), 2E002 technology for items controlled under capable of imparting a force of 50 kN (‘‘production’’), and 2E101 (‘‘use’’) for this entry. (3) Also see ECCNs 2B009 (11,250 lbs.), measured ‘bare table’, or technology for items controlled under and 2B209. greater, and usable in vibration test this entry. (3) Also see ECCNs 2B109 Related Definitions: *** systems described in 2B116.a; and 2B209 for additional flow- Items: d. Test piece support structures and forming machines for MT and NP a. Flow-forming machines having all electronic units designed to combine reasons. of the following: multiple shaker units into a complete Related Definitions: N/A a.1. According to the manufacturer’s shaker system capable of providing an Items: technical specification, can be equipped effective combined force of 50 kN,

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measured ‘bare table’, or greater, and Control(s) Country chart Related Controls: (1) Equipment that has usable in vibration test systems the characteristics specified in 2B121, described in 2B116.a. AT applies to entire entry AT column 1 which also meets the characteristics Technical Note: ‘bare table’ means a flat License Exceptions of 2B120 will be treated as equipment table, or surface, with no fixture or fitting. specified in 2B120. LVS: N/A (2) See also 2B008, 2B120, 7B101 and ■ GBS: N/A 33. In Supplement No. 1 to part 774 7B994. (the Commerce Control List), Category 2 CIV: N/A Related Definitions: N/A (Materials Processing) is amended by List of Items Controlled adding ECCNs 2B119, 2B120, 2B121, and Items: 2B122, following ECCN 2B117, to read as Unit: $ value a. Two axes or more; and follows: Related Controls: (1) Rate tables not b. A positioning accuracy equal to or 2B119 Balancing machines and controlled by 2B120 and providing better than 5 arc-second. the characteristics of a positioning related equipment, as follows (see Note: 2B121 does not control rotary tables List of Items Controlled). table are to be evaluated according to 2B121. (2) Equipment that has the designed or modified for machine tools or for License Requirements medical equipment. For controls on machine characteristics specified in 2B121, tool rotary tables see 2B008. Reason for Control: MT, AT which also meets the characteristics of 2B120 will be treated as equipment 2B122 Centrifuges capable of Control(s) Country chart specified in 2B120. (3) See also imparting accelerations above 100 2B008, 2B121, 7B101 and 7B994. g and having slip rings capable of MT applies to entire entry MT Column 1 Related Definitions: N/A transmitting electrical power and AT applies to entire entry AT Column 1 Items: signal information. a. Two axes or more; License Exceptions License Requirements b. Slip rigs capable of transmitting LVS: N/A electrical power and/or signal Reason for Control: MT, AT GBS: N/A information; and CIV: N/A c. Having any of the following Control(s) Country chart characteristics: List of Items Controlled MT applies to entire entry MT Column 1 c.1. For any single axis having all of AT applies to entire entry AT Column 1 Unit: $ value the following: Related Controls: See also 2B219, c.1.a. Capable of rates of rotation of License Exceptions 7B101. 400 degrees/s or more, or 30 degrees/s LVS: N/A Related Definitions: N/A or less, and Items: c.1.b. A rate resolution equal to or less GBS: N/A a. Balancing machines having all the than 6 degrees/s and an accuracy equal CIV: N/A following characteristics: to or less than 0.6 degrees/s; or List of Items Controlled a.1. Not capable of balancing rotors/ c.2. Having a worst-case rate stability assemblies having a mass greater than 3 equal to or better (less) than plus or Unit: $ value kg; minus 0.05% averaged over 10 degrees a.2. Capable of balancing rotors/ Related Controls: See also 7B101. or more; or Related Definitions: N/A assemblies at speeds greater than 12,500 c.3. A positioning accuracy equal to or Items: The list of items controlled is rpm; better than 5 arc-second. a.3. Capable of correcting unbalance contained in the ECCN heading. Note: 2B120 does not control rotary tables in two planes or more; and ■ 34. In Supplement No. 1 to part 774 a.4. Capable of balancing to a residual designed or modified for machine tools or for medical equipment. For controls on machine (the Commerce Control List), Category 2 specific unbalance of 0.2 g mm per kg tool rotary tables see 2B008. (Materials Processing) is amended by of rotor mass. revising the Heading of ECCN 2D101, to 2B121 Positioning tables (equipment Note: 2B119.a. does not control balancing read as follows: capable of precise rotary position machines designed or modified for dental or 2D101 ‘‘Software’’ specially designed other medical equipment. in any axis), other than those controlled in 2B120, having all the or modified for the ‘‘use’’ of b. Indicator heads designed or following characteristics (See List equipment controlled by 2B104, modified for use with machines of Items Controlled). 2B105, 2B109, 2B116, 2B117, or specified in 2B119.a. 2B119 to 2B122. License Requirements Note: Indicator heads are sometimes * * * * * known as balancing instrumentation. Reason for Control: MT, AT ■ 35. In Supplement No. 1 to part 774 (the Commerce Control List), Category 2 2B120 Motion simulators or rate Control(s) Country chart (Materials Processing), ECCN 2E001 is tables (equipment capable of amended by revising the License MT applies to entire entry MT Column 1 simulating motion), having all of Requirements section, to read as follows: the following characteristics (see AT applies to entire entry AT Column 1 2E001 ‘‘Technology’’ according to the List of Items Controlled). License Exceptions General Technology Note for the License Requirements LVS: N/A ‘‘development’’ of equipment or ‘‘software’’ controlled by 2A Reason for Control: MT, AT GBS: N/A CIV: N/A (except 2A991, 2A993, or 2A994), Control(s) Country chart 2B (except 2B991, 2B993, 2B996, List of Items Controlled 2B997, or 2B998), or 2D (except MT applies to entire entry MT column 1 Unit: $ value 2D991, 2D992, or 2D994).

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License Requirements Control(s) Country chart List of Items Controlled Reason for Control: NS, MT, NP, CB, AT Unit: *** MT applies to ‘‘tech- MT Column 1 Related Controls: (1) This entry controls nology’’ for equipment Control(s) Country chart controlled by 2B004, only ‘‘technology’’ for 2B009 and 2B009, 2B018, 2B104, 2B109 for spin forming machines NS applies to ‘‘tech- NS Column 1 2B105, 2B109, 2B116, combining the functions of spin nology’’ for items con- 2B117, or 2B119 to forming and flow forming, and flow trolled by 2A001, 2B001 2B122 for MT reasons. forming machines. to 2B009, 2D001, or NP applies to ‘‘tech- NP Column 1 Related Definitions: *** 2D002. nology’’ for equipment Items: *** MT applies to ‘‘tech- MT Column 1 controlled by 2A225, ■ 38. In Supplement No. 1 to part 774 nology’’ for items con- 2A226, 2B001, 2B004, (the Commerce Control List), Category 3 trolled by 2B004, 2B006, 2B007, 2B009, (Electronics), ECCN 3A001 is amended 2B009, 2B018, 2B104, 2B104, 2B109, 2B116, 2B105, 2B109, 2B116, 2B201, 2B204, 2B206, by revising the License Requirement sec- 2B117, 2B119 to 2B207, 2B209, 2B225 tion, to read as follows: 2B122, 2D001, or to 2B232 for NP rea- 3A001 Electronic components, as 2D101 for MT reasons. sons. follows (see List of Items NP applies to ‘‘tech- NP Column 1 NP applies to ‘‘tech- NP Column 2 Controlled). nology’’ for items con- nology’’ for equipment License Requirements trolled by 2A225, controlled by 2A290 to 2A226, 2B001, 2B004, 2A293, 2B290 for NP Reason for Control: NS, MT, NP, AT 2B006, 2B007, 2B009, reasons. 2B104, 2B109, 2B116, CB applies to ‘‘tech- CB Column 3 Control(s) Country chart 2B201, 2B204, 2B206, nology’’ for equipment 2B207, 2B209, 2B225 controlled by 2B350 to NS applies to entire entry NS Column 2 to 2B232, 2D001, 2B352. MT applies to 3A001.a.1.a MT Column 1 2D002, 2D101, 2D201 AT applies to entire entry AT Column 1 when usable in ‘‘mis- or 2D202 for NP rea- siles’’; and to sons. License Requirement Notes: See § 743.1 of 3A001.a.5.a when ‘‘de- NP applies to ‘‘tech- NP Column 2 the EAR for reporting requirements for signed or modified’’ for nology’’ for items con- exports under License Exceptions. military use, hermeti- trolled by 2A290 to cally sealed and rated 2A293, 2B290, or * * * * * for operation in the tem- 2D290 for NP reasons. perature range from ■ CB applies to ‘‘tech- CB Column 3 37. In Supplement No. 1 to part 774 below ¥54°C to above nology’’ for equipment (the Commerce Control List), Category 2 +125°C. controlled by 2B350 to (Materials Processing), ECCN 2E101 is NP applies to pulse dis- NP Column 1 2B352. amended by revising the Heading, the charge capacitors in AT applies to entire entry AT Column 1 License Requirements section, and the 3A001.e.2 and super- Related Controls paragraph of the List of conducting solenoidal License Requirement Notes: See § 743.1 of Items Controlled section, to read as fol- electromagnets in the EAR for reporting requirements for 3A001.e.3 that meet or lows: exceed the technical pa- exports under License Exceptions. 2E101 ‘‘Technology’’ according to the rameters in 3A201.a * * * * * General Technology Note for the and 3A201.b, respec- ‘‘use’’ of equipment or ‘‘software’’ tively. ■ 36. In Supplement No. 1 to part 774 controlled by 2B004, 2B009, 2B104, AT applies to entire entry AT Column 1 (the Commerce Control List), Category 2 2B105, 2B109, 2B116, 2B117, 2B119 * * * * * (Materials Processing), ECCN 2E002 is to 2B122, 2D001, 2D002 or 2D101. ■ 39. In Supplement No. 1 to part 774 amended by revising the License License Requirements (the Commerce Control List), Category 3 Requirements section, to read as follows: (Electronics), ECCN 3A101 is amended 2E002 ‘‘Technology’’ according to the Reason for Control: MT, NP, AT by revising the Items paragraph in the General Technology Note for the List of Items Controlled section to read ‘‘production’’ of equipment Control(s) Country chart as follows: controlled by 2A (except 2A991, 3A101 Electronic equipment, devices MT applies to ‘‘tech- MT Column 1 and components, other than those 2A993, or 2A994) or 2B (except nology’’ for items con- 2B991, 2B993, 2B996, 2B997, or trolled by 2B004, controlled by 3A001, as follows 2B998). 2B009, 2B104, 2B105, (see List of Items Controlled). 2B109, 2B116, 2B117, * * * * * License Requirements 2B119 to 2B122, 2D001, or 2D101 for MT List of Items Controlled Reason for Control: NS, MT, NP, CB, AT reasons. Unit: *** NP applies to ‘‘tech- NP Column 1 Related Controls: *** Control(s) Country chart nology’’ for items con- Related Definitions: *** trolled by 2B004, NS applies to ‘‘tech- NS Column 1 Items: 2B009, 2B104, 2B109, a. Analog-to-digital converters, usable nology’’ for equipment 2B116, 2D001, 2D002 controlled by 2A001, in ‘‘missiles’’, designed to meet military or 2D101 for NP rea- specifications for ruggedized 2B001 to 2B009. sons. equipment; AT applies to entire entry. AT Column 1 b. Accelerators capable of delivering * * * * * electromagnetic radiation produced by

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bremsstrahlung from accelerated 28,000 MTOPS, unless a License XP applies to ‘‘software’’ for electrons of 2 MeV or greater, and Exception is available. XP controls vary computers with a CTP greater than systems containing those accelerators, according to destination and end-user 28,000 MTOPS, unless a License usable for the ‘‘missiles’’ or the and end-use; however, XP does not Exception is available. XP controls vary subsystems of ‘‘missiles’’. apply to Canada. See § 742.12 of the according to destination and end-user Note: 3A101.b above does not include EAR for additional information. and end-use; however, XP does not equipment specially designed for medical License Requirement Notes: See § 743.1 of apply to Canada. See § 742.12 of the purposes. the EAR for reporting requirements for EAR for additional information. exports under License Exceptions. ■ 40. In Supplement No. 1 to part 774 License Exceptions (the Commerce Control List), Category 3 License Exceptions CIV: N/A (Electronics) is amended by removing CIV: N/A TSR: Yes, except N/A for ‘‘software’’ ECCN 3D102. TSR: (a) N/A for: specifically designed or modified to ■ 41. In Supplement No. 1 to part 774 (1) ‘‘Software’’ for equipment or support ‘‘technology’’ for computers (the Commerce Control List), Category 3 ‘‘software’’ requiring a license; or requiring a license. (Electronics) is amended by revising the (2) ‘‘Software’’ described by TSR * * * * * heading of ECCN 3D101, to read as fol- paragraph (b)(1)(ii) of this License lows: Exception section, when exported or ■ 45. In Supplement No. 1 to part 774 (the Commerce Control List), Category 4 3D101 ‘‘Software’’ specially designed reexported to a destination not included (Computers) is amended by removing or modified for the ‘‘use’’ of in TSR paragraph (b)(1)(i) of this ECCN 4D102. equipment controlled by 3A101.b. License Exception section. (b) Yes for: ■ * * * * * 46. In Supplement No. 1 to part 774 (1) ‘‘Software’’: ■ (the Commerce Control List), Category 4 42. In Supplement No. 1 to part 774 (i) Exported or reexported to (Computers), ECCN 4D994 is amended (the Commerce Control List), Category 3 Australia, Austria, Belgium, Canada, by revising the Heading, to read as fol- (Electronics), ECCN 3E101 is amended Denmark, Finland, France, Germany, lows: by revising the Heading, to read as fol- Greece, Ireland, Italy, Japan, 4D994 ‘‘Software’’ specially designed lows: Luxembourg, the Netherlands, New or modified for the ‘‘development’’, 3E101 ‘‘Technology’’ according to the Zealand, Norway, Portugal, Spain, ‘‘production’’, or ‘‘use’’ of General Technology Note for the Sweden, Switzerland, Turkey, or the equipment controlled by 4A101, ‘‘use’’ of equipment or ‘‘software’’ United Kingdom; and 4A994, 4B994, and materials (ii) Specially designed for the controlled by 3A001.a.1 or .2, controlled by 4C994. 3A101, or 3D101. ‘‘development’’ or ‘‘production’’ of any * * * * * * * * * * of the following: (A) ‘‘Digital’’ computers controlled by ■ 47. In Supplement No. 1 to part 774 ■ 43. In Supplement No. 1 to part 774 4A003.b and having a CTP exceeding (the Commerce Control List), Category 4 (the Commerce Control List), Category 4 than 33,000 MTOPS; or (Computers), ECCN 4E001 is amended (Computers), ECCN 4D001 is amended (B) ‘‘Electronic assemblies’’ controlled by revising the License Requirements by revising the License Requirements by 4A003.c and capable of enhancing section, to read as follows: and License Exceptions sections, to read performance by aggregation of 4E001 ‘‘Technology’’ according to the as follows: ‘‘computing elements’’ so that the CTP General Technology Note, for the 4D001 ‘‘Software’’ specially designed of the aggregation exceeds 33,000 ‘‘development’’, ‘‘production’’ or or modified for the ‘‘development’’, MTOPS; and ‘‘use’’ of equipment or ‘‘software’’ ‘‘production’’ or ‘‘use’’ of (2) All other ‘‘software’’ not described controlled by 4A (except 4A980, equipment or ‘‘software’’ controlled in TSR paragraphs (a) or (b)(1) of this 4A993 or 4A994) or 4D (except by 4A001 to 4A004, or 4D (except License Exception section. 4D980, 4D993, 4D994). 4D980, 4D993 or 4D994). * * * * * License Requirements License Requirements ■ 44. In Supplement No. 1 to part 774 (the Commerce Control List), Category 4 Reason for Control: NS, MT, CC, AT, Reason for Control: NS, CC, AT, NP, XP (Computers), ECCN 4D002 is amended NP, XP by revising the License Requirements Control(s) Country chart and the License Exceptions sections, to Control(s) Country chart NS applies to ‘‘software’’ NS Column 1 read as follows: 4D002 ‘‘Software’’ specially designed NS applies to ‘‘tech- NS Column 1 for commodities or soft- nology’’ for commodities ware controlled by or modified to support or software controlled 4A001 to 4A004, 4D001 ‘‘technology’’ controlled by 4E by 4A001 to 4A004, to 4D003. (except 4E980, 4E992, and 4E993). 4D001 to 4D003. CC applies to ‘‘software’’ CC Column 1 License Requirements MT applies to ‘‘tech- MT Column 1 for computerized finger- nology’’ for items con- print equipment con- Reason for Control: NS, AT, NP, XP trolled by 4A001.a and trolled by 4A003 for CC 4A101 for MT reasons. reasons. Control(s) Country chart CC applies to ‘‘tech- CC Column 1 AT applies to entire entry AT Column 1 nology’’ for computer- NP applies, unless a License NS applies to entire entry NS Column 1 ized fingerprint equip- Exception is available. See § 742.3(b) of AT applies to entire entry AT Column 1 ment controlled by the EAR for information on applicable NP applies, unless a License 4A003 for CC reasons. AT applies to entire entry AT Column 1 licensing review policies. Exception is available. See § 742.3(b) of XP applies to ‘‘software’’ for the EAR for information on applicable NP applies, unless a License computers with a CTP greater than licensing review policies. Exception is available. See § 742.3(b) of

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the EAR for information on applicable ‘‘use’’ of equipment or software Electromagnetic Pulse (EMP), X- licensing review policies. controlled by 5A101 or 5D101. rays, combined blast and thermal XP applies to ‘‘technology’’ for * * * * * effects), and usable for ‘‘missiles.’’ computers with a CTP greater than ■ 52. In Supplement No. 1 to part 774 (These items are subject to the 28,000 MTOPS, unless a License (the Commerce Control List), Category 6 export licensing authority of the Exception is available. XP controls vary (Sensors and Lasers), ECCN 6A002 is U.S. Department of State, according to destination and end-user amended by revising the License Directorate of Defense Trade and end-use, however, XP does not Requirements section, to read as follows: Controls. See 22 CFR part 121.) apply to Canada. See § 742.12 of the 6A002 Optical sensors. ■ 55. In Supplement No. 1 to part 774 EAR for additional information. (the Commerce Control List), Category 6 License Requirements License Requirement Notes: See § 743.1 of (Sensors and Lasers), ECCN 6A107 is the EAR for reporting requirements for Reason for Control: NS, MT, CC, RS, amended by revising the Heading and exports under License Exceptions. AT, UN the Items paragraph in the List of Items Controlled section, to read as follows: * * * * * Control(s) Country chart 6A107 Gravity meters (gravimeters) ■ 48. In Supplement No. 1 to part 774 and specially designed components (the Commerce Control List), Category 5 NS applies to entire entry NS Column 2 MT applies to optical de- MT Column 1 for gravity meters and gravity (Telecommunications and ‘‘Information tectors in 6A002.a.1, gradiometers, as follows (see List of Security’’), Part I. (Telecommuni- a.3, or .e that are spe- Items Controlled). cations), ECCN 5A101 is amended by cially designed or modi- * * * * * revising the Heading and the Items para- fied to protect ‘‘missiles’’ graph in the List of Items Controlled sec- against nuclear effects List of Items Controlled tion, to read as follows: (e.g., Electromagnetic Unit: *** 5A101 Telemetering and telecontrol Pulse (EMP), X-rays, Related Controls: *** combined blast and equipment as follows (see List of Related Definitions: *** thermal effects), and us- Items: Items Controlled). able for ‘‘missiles’’. * * * * * RS applies to 6A002.a.1, RS Column 1 a. Gravity meters (gravimeters), other a.2, a.3, .c, and .e. than those controlled by 6A007.b, List of Items Controlled CC applies to police- CC Column 1 designed or modified for airborne or Unit: *** model infrared viewers marine use, and having a static or ¥6 2 Related Controls: *** in 6A002.c. operational accuracy of 7 x 10 m/s AT applies to entire entry AT Column 1 (0.7 milligal) or better, and having a Related Definitions: *** UN applies to 6A002.a.1, Rwanda. time to steady-state registration of two Items: a.2 a.3 and c. minutes or less, usable for ‘‘missiles’’; a. Usable for unmanned air vehicles License Requirement Notes: See § 743.1 of b. Specially designed components for or rocket systems; and gravity meters controlled in 6A007. b or b. Usable for ‘‘missiles.’’ the EAR for reporting requirements for exports under License Exceptions. 6A107.a and gravity gradiometers Note: 5A101 does not control telecontrol controlled in 6A007.c. equipment specially designed to be used for * * * * * ■ 56. In Supplement No. 1 to part 774 remote control of recreational model planes, ■ 53. In Supplement No. 1 to part 774 (the Commerce Control List), Category 6 boats or vehicles and having an electric field (the Commerce Control List), Category 6 (Sensors and Lasers), ECCN 6A108 is strength of not more than 200 microvolts per (Sensors and Lasers), ECCN 6A102 is meter at a distance of 500 meters. amended by revising the Items paragraph amended by revising the Heading, to in the List of Items Controlled section, to ■ 49. In Supplement No. 1 to part 774 read as follows: read as follows: (the Commerce Control List), Category 5 6A102 Radiation hardened detectors, 6A108 Radar systems and tracking (Telecommunications and ‘‘Information other than those controlled by systems, other than those Security’’), Part I. (Telecommuni- 6A002, specially designed or controlled by 6A008, as follows cations), ECCN 5D101 is amended by modified for protecting against (see List of Items Controlled). nuclear effects (e.g., revising the Heading, to read as follows: * * * * * Electromagnetic Pulse (EMP), X- 5D101 ‘‘Software’’ specially designed rays, combined blast and thermal List of Items Controlled or modified for the ‘‘use’’ of items effects) and usable for ‘‘missiles,’’ controlled by 5A101. Unit: *** designed or rated to withstand * * * * * Related Controls: *** radiation levels which meet or Related Definitions: *** ■ 50. In Supplement No. 1 to part 774 exceed a total irradiation dose of 5 Items: (the Commerce Control List), Category 5 x 105 rads (silicon). a. Radar and laser radar systems (Telecommunications and ‘‘Information * * * * * designed or modified for use in Security’’), Part I. (Telecommunications) ■ 54. In Supplement No. 1 to part 774 ‘‘missiles’’; is amended by removing 5E111. (the Commerce Control List), Category 6 Note: 6A108.a includes the following: ■ 51. In Supplement No. 1 to part 774 (Sensors and Lasers) is amended by a. Terrain contour mapping equipment; (the Commerce Control List), Category 5 adding ECCN 6A103, to read as follows: b. Imaging sensor equipment; (Telecommunications and ‘‘Information 6A103 Radomes designed to c. Scene mapping and correlation (both Security’’), Part I. (Telecommuni- withstand a combined thermal digital and analog) equipment; cations), ECCN 5E101 is amended by shock greater than 100 cal/sq cm d. Doppler navigation radar equipment. revising the Heading, to read as follows: accompanied by a peak over b. Precision tracking systems, usable 5E101 ‘‘Technology’’ according to the pressure of greater than 50 kPa, for ‘‘missiles’’, as follows: General Technology Note for the usable in protecting ‘‘missiles’’ b.1. Tracking systems which use a ‘‘development,’’ ‘‘production’’ or against nuclear effects (e.g., code translator installed on the rocket or

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unmanned air vehicle in conjunction .c, 6A008, 6A102, 6A107, 6A108, IMU platform balance fixture; gyro with either surface or airborne 6B108, 6D102 or 6D103. tuning test station; gyro dynamic references or navigation satellite * * * * * balance station; gyro run-in/motor test systems to provide real-time station; gyro evacuation and fill measurements of in-flight position and List of Items Controlled station; centrifuge fixtures for gyro velocity; Unit: *** bearings; accelerometer axis align b.2. Range instrumentation radars Related Controls: *** station; and accelerometer test station. including associated optical/infrared Related Definitions: (1) This entry only Related Definitions: *** trackers with all of the following controls ‘‘technology’’ for equipment Items: *** capabilities: controlled by 6A008 when it is ■ 65. In Supplement No. 1 to part 774 b.2.a. Angular resolution better than 3 designed for airborne applications (the Commerce Control List), Category 7 milliradians (0.5 mils); and is usable in ‘‘missiles’’. (2) This (Navigation and Avionics), ECCN 7B101 b.2.b. Range of 30 km or greater with entry only controls ‘‘technology’’ for is amended by revising the Heading and a range resolution better than 10 m rms; items in 6A002.a.1, a.3, and .e that are the Related Controls paragraph in the b.2.c. Velocity resolution better than 3 specially designed or modified to List of Items Controlled section, to read m/s. protect ‘‘missiles’’ against nuclear as follows: ■ 57. In Supplement No. 1 to part 774 effects (e.g., Electromagnetic Pulse 7B101 ‘‘Production equipment’’, and (the Commerce Control List), Category 6 (EMP), X-rays, combined blast and other test, calibration, and (Sensors and Lasers), ECCN 6B108 is thermal effects), and usable for alignment equipment, other than amended by revising the Heading, to ‘‘missiles.’’ (3) This entry only that described in 2B119 to 2B122, read as follows: controls ‘‘technology’’ for items in 7B003, and 7B102, designed or 6B108 Systems, other than those 6A007.b and .c when the accuracies modified to be used with controlled by 6B008, specially in 6A007.b.1 and b.2 are met or equipment controlled by 7A001 to designed for radar cross section exceeded. 7A004 or 7A101 to 7A104. measurement usable for ‘‘missiles’’ Items: *** * * * * * ■ 63. In Supplement No. 1 to part 774 and their subsystems. List of Items Controlled (the Commerce Control List), Category 7 * * * * * Unit: *** ■ 58. In Supplement No. 1 to part 774 (Navigation and Avionics), ECCN 7B001 is amended by revising the Related Con- Related Controls: (1) See also 2B119 to (the Commerce Control List), Category 6 2B122, 7B003, 7B102, and 7B994. (2) (Sensors and Lasers), ECCN 6D102 is trols paragraph in the List of Items Con- trolled section, to read as follows: This entry includes: inertial amended by revising the Heading, to measurement unit (IMU module) read as follows: 7B001 Test, calibration or alignment equipment specially designed for tester; IMU platform tester; IMU stable 6D102 ‘‘Software’’ specially designed equipment controlled by 7A (except element handling fixture; IMU or modified for the ‘‘use’’ of goods 7A994). platform balance fixture; gyro tuning controlled by 6A108. * * * * * test station; gyro dynamic balance * * * * * stations; gyro run-in/motor test ■ 59. In Supplement No. 1 to part 774 List of Items Controlled stations; gyro evacuation and filling (the Commerce Control List), Category 6 Unit: *** stations; centrifuge fixtures for gyro (Sensors and Lasers), ECCN 6D103 is Related Controls: (1) See also 7B101, bearings; accelerometer axis align amended by revising the Heading, to 7B102 and 7B994. (2) This entry does stations; and accelerometer test read as follows: not control test, calibration or stations. alignment equipment for Maintenance Related Definitions: *** 6D103 ‘‘Software’’ that processes post- Items: *** flight, recorded data, enabling level I. ■ 66. In Supplement No. 1 to part 774 determination of vehicle position Related Definition: *** (the Commerce Control List), Category 7 throughout its flight path, specially Items: *** (Navigation and Avionics), ECCN 7B102 designed or modified for ■ 64. In Supplement No. 1 to part 774 is amended by revising the Items para- ‘‘missiles’’. (the Commerce Control List), Category 7 graph of the List of Items Controlled sec- * * * * * (Navigation and Avionics), ECCN 7B003 is amended by revising the Related Con- tion, to read as follows: ■ 60. In Supplement No. 1 to part 774 7B102 Equipment, other than those trols paragraph of the List of Items Con- (the Commerce Control List), Category 6 controlled by 7B002, designed or trolled section, to read as follows: (Sensors and Lasers) is amended by modified to characterize mirrors, 7B003 Equipment specially designed removing ECCN 6D104. for laser gyro equipment, as follows for the ‘‘production’’ of equipment ■ (see List of Items Controlled). 61. In Supplement No. 1 to part 774 controlled by 7A (except 7A994). (the Commerce Control List), Category 6 * * * * * * * * * * (Sensors and Lasers) is amended by List of Items Controlled removing ECCN 6E102. List of Items Controlled Unit: *** ■ 62. In Supplement No. 1 to part 774 Unit: *** (the Commerce Control List), Category 6 Related Controls: *** Related Controls: (1) See also 7B103, Related Definitions: *** (Sensors and Lasers), ECCN 6E101 is (this entry is subject to the licensing Items: amended by revising the Related Defini- authority of the U.S. Department of a. Scatterometers having a threshold tions paragraph of the List of Items Con- State, Directorate of Defense Trade accuracy of 10 ppm or less (better). trolled section, to read as follows: Controls (see 22 CFR part 121)) and b. Reflectometers having a threshold 6E101 ‘‘Technology’’ according to the 7B994. (2) This entry includes: accuracy of 50 ppm or less (better). General Technology Note for the Inertial Measurement Unit (IMU c. Prolifometers having a threshold ‘‘use’’ of equipment or ‘‘software’’ module) tester; IMU platform tester; accuracy of 0.5nm (5 angstrom) or less controlled by 6A002, 6A007.b and IMU stable element handling fixture; (better).

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■ 67. In Supplement No. 1 to part 774 7A105, 7A106, 7A115, 7A116, 7A117, amended by revising the Heading, to (the Commerce Control List), Category 7 7B103, software in 7D101 specified in read as follows: (Navigation and Avionics) is amended by the Related Controls paragraph of 9A106 Systems or components, other removing ECCN 7B104. ECCN 7D101, 7D102.a, or 7D103 are than those controlled by 9A006, ■ 68. In Supplement No. 1 to part 774 subject to the export licensing usable in ‘‘missiles’’, as follows (see (the Commerce Control List), Category 7 authority of the U.S. Department of List of Items Controlled), and (Navigation and Avionics), ECCN 7D101 State, Directorate of Defense Trade specially designed for liquid rocket is amended by revising the Heading, to Control (see 22 CFR part 121). propulsion systems. read as follows: Related Definitions: *** * * * * * 7D101 ‘‘Software’’ specially designed Items: *** ■ 74. In Supplement No. 1 to part 774 or modified for the ‘‘use’’ of ■ 71. In Supplement No. 1 to part 774 (the Commerce Control List), Category 9 equipment controlled by 7A001 to (the Commerce Control List), Category 7 (Propulsion Systems, Space Vehicles 7A006, 7A101 to 7A106, 7A115, (Navigation and Avionics), ECCN 7E101 and Related Equipment), ECCN 9A110 is 7A116, 7B001, 7B002, 7B003, is amended by revising the Heading and amended by revising the Heading and 7B101, 7B102, or 7B103. the Related Controls paragraph of the the Related Controls paragraph of the * * * * * List of Items Controlled section, to read List of Items Controlled section, to read ■ 69. In Supplement No. 1 to part 774 as follows: as follows: (the Commerce Control List), Category 7 7E101 ‘‘Technology’’, according to the 9A110 Composite structures, (Navigation and Avionics), ECCN 7D102 General Technology Note for the laminates and manufactures is amended by revising the Heading and ‘‘use’’ of equipment controlled by thereof, other than those controlled the Items paragraph of the List of Items 7A001 to 7A006, 7A101 to 7A106, by entry 9A010, specially designed Controlled section, to read as follows: 7A115 to 7A117, 7B001, 7B002, for use in ‘‘missiles’’ or the 7D102 Integration ‘‘software’’, as 7B003, 7B101, 7B102, 7B103, or subsystems controlled by entries follows (See List of Items 7D101 to 7D103. 9A005, 9A007, 9A105.a, 9A106 to Controlled). * * * * * 9A108, 9A116, or 9A119. * * * * * List of Items Controlled * * * * * List of Items Controlled Unit: *** List of Items Controlled Unit: *** Related Controls: (1) The ‘‘technology’’ Unit: *** Related Controls: *** related to 7A003.b, 7A005, 7A103.b, Related Controls: (1) See also 1A002. (2) Related Definitions: *** 7A105, 7A106, 7A115, 7A116, 7A117, ‘‘Composite structures, laminates, and Items: 7B103, software specified in the manufactures thereof, specially a. Integration ‘‘software’’ for the Related Controls paragraph of ECCN designed for use in missile systems equipment controlled by 7A103.b. 7D101, 7D102.a, or 7D103 are subject are under the licensing authority of b. Integration ‘‘software’’ specially to the export licensing authority of the the Directorate of Defense Trade designed for the equipment controlled U.S. Department of State, Directorate Controls, U.S. Department of State, by 7A003 or 7A103.a. of Defense Trade Controls. (See 22 except those specially designed for ■ 70. In Supplement No. 1 to part 774 CFR part 121.) (2) ‘‘Technology’’ for non-military unmanned air vehicles (the Commerce Control List), Category 7 inertial navigation systems and controlled in 9A012. (Navigation and Avionics) is amended by inertial equipment, and specially Related Definitions: *** revising the Reason for Control para- designed components therefor, not for Items: *** graph in the License Requirements sec- use on civil aircraft are subject to the ■ 75. In Supplement No. 1 to part 774 tion, the Related Controls paragraph in export licensing authority of the U.S. (the Commerce Control List), Category 9 the List of Items Controlled section, and Department of State, Directorate of (Propulsion Systems, Space Vehicles removing the second Related Controls Defense Trade Controls. (See 22 CFR and Related Equipment), revise ECCNs paragraph that reads ‘‘Related Controls: part 121.) 9A115 and 9A117, to read as follows: N/A’’ of ECCN 7E001, to read as follows: Related Definitions: *** 9A115 Apparatus, devices and 7E001 ‘‘Technology’’ according to the Items: *** vehicles, designed or modified for General Technology Note for the ■ 72. In Supplement No. 1 to part 774 the transport, handling, control, ‘‘development’’ of equipment or (the Commerce Control List), Category 7 activation and launching of ‘‘software’’ controlled by 7A (Navigation and Avionics), revise ECCN ‘‘missiles’’. (These items are subject (except 7A994), 7B (except 7B994) 7E104, to read as follows: to the export licensing authority of or 7D (except 7D994). 7E104 Design ‘‘Technology’’ for the the U.S. Department of State, integration of the flight control, Directorate of Defense Trade License Requirements guidance, and propulsion data into Controls. See 22 CFR part 121.) Reason for Control: NS, MT, RS, AT a flight management system, * * * * * designed or modified for 9A117 Staging mechanisms, Control(s) Country chart ‘‘missiles’’, for optimization of separation mechanisms, and rocket system trajectory. (This interstages therefor, usable in entry is subject to the export ‘‘missiles’’. (These items are subject licensing authority of the U.S. ***** to the export licensing authority of Department of State, Directorate of the U.S. Department of State, Defense Trade Controls. See 22 Directorate of Defense Trade List of Items Controlled CFR part 121.) Controls. See 22 CFR part 121.) Unit: *** ■ 73. In Supplement No. 1 to part 774 ■ 76. In Supplement No. 1 to part 774 Related Controls: (1) See also 7E101 and (the Commerce Control List), Category 9 (the Commerce Control List), Category 9 7E994. (2) The ‘‘technology’’ related (Propulsion Systems, Space Vehicles (Propulsion Systems, Space Vehicles to 7A003.b, 7A005, 7A007, 7A103.b, and Related Equipment), ECCN 9A106 is and Related Equipment), ECCN 9B005 is

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amended by revising the License systems, and components License Requirements Requirements section, to read as follows: controlled by 9A004 to 9A009, Reason for Control: NS, MT, AT 9B005 On-line (real time) control 9A011, 9A012, 9A101, 9A104 to systems, instrumentation 9A109, 9A111, 9A116 to 9A119. Control(s) Country chart (including sensors) or automated * * * * * data acquisition and processing NS applies to ‘‘software’’ NS Column 1 ■ equipment, specially designed for 79. In Supplement No. 1 to part 774 for items controlled by use with any of the following wind (the Commerce Control List), Category 9 9A001 to 9A003, tunnels or devices (see List of Items (Propulsion Systems, Space Vehicles 9A012, 9B001 to Controlled). and Related Equipment) is amended by 9B009, and 9E003. adding ECCN 9C110 in Product Group C, MT applies to ‘‘software’’ MT Column 1 License Requirements Materials, to read as follows: for equipment controlled by 9A106.a and .b, or Reason for Control: NS, AT 9C110 Resin impregnated fiber 9B116 for MT reasons. prepregs and metal coated fiber AT applies to entire entry AT Column 1 Control(s) Country chart preforms therefor, for composite NS applies to entire entry NS Column 1 structures, laminates and License Requirement Notes: See § 743.1 of AT applies to entire entry AT Column 1 manufactures specified in 9A110, the EAR for reporting requirements for made either with organic matrix or exports under License Exceptions. * * * * * metal matrix utilizing fibrous or ■ 77. In Supplement No. 1 to part 774 filamentary reinforcements having * * * * * (the Commerce Control List), Category 9 a specific tensile strength greater List of Items Controlled (Propulsion Systems, Space Vehicles than 7.62 µ 104 m and a specific and Related Equipment), ECCN 9B106 is modulus greater than 3.18 µ 106 Unit: *** amended by revising the Items paragraph m. Related Controls: (1) ‘‘Software’’ of the List of Items Controlled section, to License Requirements ‘‘required’’ for the ‘‘development’’ of read as follows: items controlled by 9A004 is subject 9B106 Environmental chambers and Reason for Control: MT, AT to the export licensing authority of the anechoic chambers, as follows (see U.S. Department of State, Directorate List of Items Controlled). Control(s) Country chart of Defense Trade Controls. (See 22 * * * * * CFR part 121.) (2) ‘‘Software’’ MT applies to entire entry MT Column 1 List of Items Controlled ‘‘required’’ for the ‘‘development’’ of AT applies to entire entry AT Column 1 equipment or ‘‘technology’’ subject to Unit: *** License Exceptions the export licensing authority of the Related Controls: *** U.S. Department of State, Directorate Related Definitions: *** LVS: N/A of Defense Trade Controls is also Items: a. Environmental chambers capable of GBS: N/A subject to the same licensing jurisdiction. (See 22 CFR part 121.) simulating all of the following flight CIV: N/A conditions: Related Definitions: *** a.1. Vibration environments of 10 g List of Items Controlled Items: *** RMS or greater between 20 Hz and 2,000 Hz imparting forces of 5 kN or greater; Unit: Kilograms ■ 81. In Supplement No. 1 to part 774 and Related Controls: (1) See also 1C010 and (the Commerce Control List), Category 9 a.2. Any of the following: 1C210.c. (2) The only resin (Propulsion Systems, Space Vehicles a.2.a. Altitude of 15,000 m or greater; impregnated fiber prepregs controlled and Related Equipment), ECCN 9D002 is or by entry 9C110 are those using resins amended by revising the Heading and a.2.b. Temperature range of at least with a glass transition temperature the License Requirements section, to ¥ ° 223 K ( 50oC) to 398 K (+125 C); (Tg), after cure, exceeding 418 K (145 read as follows: b. Anechoic chambers capable of ° C) as determined by ASTM D4065 or 9D002 ‘‘Software’’ specially designed simulating all of the following flight national equivalents. conditions: or modified for the ‘‘production’’ of b.1. Acoustic environments at an Related Definitions: N/A equipment controlled by 9A (except overall sound pressure level of 140 dB Items: The list of items controlled is 9A018, 9A990, or 9A991) or 9B or greater (referenced to 2 × 10¥5 N/m 2) contained in the ECCN heading. (except 9B990 or 9B991). or with a rated power output of 4kW or ■ 80. In Supplement No. 1 to part 774 License Requirements greater; and b.2. any of the following: (the Commerce Control List), Category 9 Reason for Control: NS, MT, AT b.2.a. Altitude of 15,000 m or greater; (Propulsion Systems, Space Vehicles or and Related Equipment), ECCN 9D001 is Control(s) Country chart b.2.b. Temperature range of at least amended by revising the License 223K (¥50°C) to 398 K (+125°C). Requirements section, and the Related NS applies to ‘‘software’’ NS Column 1 ■ 78. In Supplement No. 1 to part 774 Controls paragraph of the List of Items for equipment controlled Controlled section, to read as follows: by 9A001 to 9A003, (the Commerce Control List), Category 9 9A012, 9B001 to (Propulsion Systems, Space Vehicles 9D001 ‘‘Software’’ specially designed 9B009, or 9E003. and Related Equipment), ECCN 9B116 is or modified for the ‘‘development’’ of MT applies to ‘‘software’’ MT Column 1 amended by revising the Heading, to equipment or ‘‘technology’’ for equipment controlled read as follows: controlled by 9A (except 9A018, by 9B116 for MT rea- 9B116 Specially designed ‘‘production 9A990 or 9A991), 9B (except 9B990 sons. facilities’’ for the systems, sub- or 9B991) or 9E003. AT applies to entire entry AT Column 1

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License Requirement Notes: See § 743.1 of 9A011, 9A105, 9A106.c, 9A107 to State, Directorate of Defense Trade the EAR for reporting requirements for 9A109, 9A111, 9A115, 9A116, 9A117, Controls (see 22 CFR part 121). exports under License Exceptions. and 9A118 are subject to the export Related Definitions: * * * * * * * * licensing authority of the U.S. Items: * * * Department of State, Directorate of ■ 82. In Supplement No. 1 to part 774 ■ 87. In Supplement No. 1 to part 774 Defense Trade Controls (see 22 CFR (the Commerce Control List), Category 9 (the Commerce Control List), Category 9 part 121). (Propulsion Systems, Space Vehicles (Propulsion Systems, Space Vehicles Related Definitions: N/A and Related Equipment), ECCN 9D101 is and Related Equipment), ECCN 9E102 is Items: The list of items controlled is amended by revising the Heading, to amended by revising the Heading, and contained in the ECCN heading. read as follows: the Related Controls paragraph of the 9D101 ‘‘Software’’ specially designed ■ 85. In Supplement No. 1 to part 774 List of Items Controlled section, to read or modified for the ‘‘use’’ of (the Commerce Control List), Category 9 as follows: commodities controlled by 9B105, (Propulsion Systems, Space Vehicles 9E102 ‘‘Technology’’ according to the 9B106, 9B116, or 9B117. and Related Equipment) is amended by General Technology Note for the * * * * * adding ECCN 9D105 to follow the new ‘‘use’’ of space launch vehicles ■ 83. In Supplement No. 1 to part 774 ECCN 9D104, to read as follows: specified in 9A004, or commodities (the Commerce Control List), Category 9 9D105 ‘‘Software’’ that coordinates or software controlled by 9A005 to (Propulsion Systems, Space Vehicles the function of more than one 9A012, 9A101, 9A104 to 9A111, and Related Equipment) is amended by subsystem, specially designed or 9A115 to 9A119, 9B105, 9B106, removing ECCN 9D102. modified for ‘‘use’’ in ‘‘missiles.’’ 9B115, 9B116, 9B117, 9D101, (These items are subject to the ■ 84. In Supplement No. 1 to part 774 9D103, 9D104 or 9D105. export licensing authority of the (the Commerce Control List), Category 9 U.S. Department of State, * * * * * (Propulsion Systems, Space Vehicles Directorate of Defense Trade and Related Equipment) is amended by List of Items Controlled Controls. See 22 CFR part 121.) adding ECCN 9D104 to follow 9D103, to Unit: *** ■ 86. In Supplement No. 1 to part 774 read as follows: Related Controls: (1) For the purpose of (the Commerce Control List), Category 9 9D104 ‘‘Software’’ specially designed this entry, ‘‘use’’ ‘‘technology’’ is (Propulsion Systems, Space Vehicles and modified for the ‘‘use’’ of limited to items controlled for MT and Related Equipment), ECCN 9E101 is equipment controlled by 9A001, and their subsystems. (2) amended by revising the Heading, and 9A005, 9A006.d, 9A006.g, 9A007.a, ‘‘Technology’’ controlled by 9E102 for the Related Controls paragraph of the 9A008.d, 9A009.a, 9A010.d, 9A011, commodities or software subject to List of Items Controlled section, to read 9A012 (for MT controlled items only), the export licensing jurisdiction of the as follows: 9A101, 9A105, 9A106.c and .d, Department of State in 9A004 to 9A107, 9A108.c, 9A109, 9A111, 9E101 ‘‘Technology’’ according to the 9A012, 9A101.b, 9A104, 9A105, 9A115.a, 9A116.d, 9A117, or 9A118. General Technology Note for the 9A106.a to .c, 9A107 to 9A109, 9A110 ‘‘development’’ or ‘‘production’’ of License Requirements that are specially designed for use in commodities or software controlled missile systems and subsystems, Reason for Control: MT, AT by 9A012, 9A101, 9A104 to 9A111, 9A111, 9A115 to 9A119, 9B115, 9A115 to 9A119, 9D101, 9D103, 9B116, 9D103, specified software in 9D104 or 9D105. 9D104, and 9D105 are subject to the * * * * * export licensing authority of the U.S. Control(s) Country chart List of Items Controlled Department of State, Directorate of Defense Trade Controls (see 22 CFR MT applies to entire entry MT Column 1 Unit: * * * AT applies to entire entry AT Column 1 part 121). Related Controls: ‘‘Technology’’ Related Definitions: *** License Exceptions controlled by 9E101 for items in Items: *** 9A012, 9A101.b, 9A104, 9A105, to CIV: N/A Dated: March 25, 2003. TSR: N/A 9A109, 9A110 that are specially designed for use in missile systems James J. Jochum, List of Items Controlled and subsystems, 9A111, 9A115, Assistant Secretary for Export Unit: $ value 9A116 to 9A119, 9D103, and 9D105 Administration. Related Controls: ‘‘Software’’ for are subject to the export licensing [FR Doc. 03–7695 Filed 4–1–03; 8:45 am] commodities controlled by 9A005 to authority of the U.S. Department of BILLING CODE 3510–33–P

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Part IV

Department of Labor 29 CFR Parts 96 and 99 Audit Requirements for Grants, Contracts, and Other Agreements; Audits of States, Local Governments, and Non-profit Organizations; Final Rules

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DEPARTMENT OF LABOR Reporting on Audits of States, Local DOL will submit to Congress a report Governments, and Non-Profit regarding the issuance of today’s final Office of the Secretary Organizations for Fiscal Year Ending rule prior to the effective date set forth Dates On or After January 1, 2001.’’ The at the outset of this notice. The report 29 CFR Part 96 U.S. Census Bureau is acting as the will note the Office of Management and RIN 1291–AA26 collection agent for OMB. OMB has Budget’s determination that this rule issued approval number 0348–0057 for does not constitute a major rule under Audit Requirements for Grants, this data collection. that Act 5 U.S.C. 801, 804. Contracts, and Other Agreements Executive Order 12866 and Significant List of Subjects in 29 CFR Part 96 Regulatory Actions AGENCY: Office of the Secretary, Labor. Audit Requirements For Grants, ACTION: Final rule; no material change. This rule is considered by the Contracts, And Other Agreements. Department of Labor to be a ‘‘significant SUMMARY: The Department of Labor Signed at Washington, DC, on March 26, regulatory action’’ under section 3(f) of 2003. hereby finalizes its regulation on ‘‘Audit E.O. 12866. Accordingly this rule has Elaine L. Chao, Requirements For Grants, Contracts, and been submitted to and approved by the Other Agreements,’’ to ensure Office of Management and Budget. Secretary of Labor. consistency with previously published This rule will not have a significant [FR Doc. 03–7887 Filed 4–1–03; 8:45 am] amendments to ‘‘Grants and Agreements economic impact on a substantial BILLING CODE 4510–23–P with Institutions of Higher Education, number of small entities. This final rule Hospitals, and Other Non-Profit does not affect the amount of funds Organizations, and with Commercial provided in the covered programs, but DEPARTMENT OF LABOR Organizations, Foreign Governments, rather increases the threshold for non- Office of the Secretary Organizations Under the Jurisdiction of Federal entities subject to audit, thereby Foreign Governments and International reducing burden on some small entities. 29 CFR Part 99 Organizations’’ and ‘‘Uniform Accordingly, the Department Administrative Requirements for Grants, determined that this rule will not have RIN 1291–AA27 and Cooperative Agreements to State a significant economic impact on a and Local Governments.’’ substantial number of small entities. Audits of States, Local Governments, EFFECTIVE DATE: Effective May 2, 2003. The Department certified to this effect to and Non-Profit Organizations FOR FURTHER INFORMATION CONTACT: Jeff the Chief Counsel for Advocacy of the AGENCY: Office of the Secretary, Labor. Saylor, Acting Director, Division of U.S. Small Business Administration Acquisition Management Services, U.S. when the interim rule was published. ACTION: Final rule; no material change. Department of Labor, 200 Constitution Therefore, no Regulatory Flexibility SUMMARY: The Department of Labor Avenue, NW., Room N–5425, Analysis was required. No comments hereby finalizes its regulation on Washington, DC 20210. Telephone (202) were received on any aspect of the rule ‘‘audits of states, local governments, and 693–7285. E-mail: or these conclusions as set forth in the non-profit organizations’’ which [email protected]. interim rule. codifies in (DOL) regulations the revised SUPPLEMENTARY INFORMATION: The Single Small Business Regulatory Enforcement Office of Management and Budget Audit Act Amendments of 1996, (Public Fairness Act (OMB) Circular A–133 in its entirety. Law 104–156, 110 Stat. 1396), and the This rule is not a ‘‘major rule’’ under EFFECTIVE DATE: Effective May 2, 2003. June 24, 1997, revision of OMB Circular the Small Business Regulatory FOR FURTHER INFORMATION CONTACT: Jeff A–133, ‘‘Audits of States, Local Enforcement Fairness Act of 1996 (5 Saylor, Acting Director, Division of Governments, and Non-Profit U.S.C. 801 et seq.) because it is not Acquisition Management Services, U.S. Organizations’’ (62 FR 35278, June 30, likely to result in (1) an annual effect on Department of Labor, 200 Constitution 1997), required agencies to adopt in the economy of $100 million or more; Avenue, NW., Room N–5425, codified regulations the standards in the (2) a major increase in costs or prices for Washington, DC 20210. Telephone (202) revised Circular A–133 by August 29, consumers, individual industries, 693–7285. E-mail: 1997, so that they will apply to audits Federal, State or local government [email protected]. of fiscal years beginning after June 30, agencies, or geographic regions; or (3) 1996. The revised Circular A–133 co- significant adverse effects on SUPPLEMENTARY INFORMATION: The Single located audit requirements for States, competition, employment, investment, Audit Act Amendments of 1996, (Public local governments, and non-profit productivity, innovation, or on the Law 104–156, 110 Stat. 1396), and the organizations. As a consequence, OMB ability of United States-based June 24, 1997, revision of OMB Circular rescinded OMB Circular A–128, ‘‘Audits enterprises to compete with foreign- A–133, ‘‘Audits of States, Local of State and Local Governments.’’ The based enterprises in domestic or export Governments, and Non-Profit Department’s interim final rule has been markets. Organizations’’ (62 FR 35278, June 30, in effect since March 25, 1999 (64 FR 1997), required agencies to adopt in 14539). No comments were received on Effects on Families codified regulations the standards in the this rule. Accordingly, the interim rule This rule has been assessed under revised Circular A–133 by August 29, amending 29 CFR part 96 is being section 654 of the Treasury and General 1997, so that they will apply to audits adopted as a final rule without change. Government Appropriations Act, 1999, of fiscal years beginning after June 30, for its effect on family well-being and 1996. The Department’s interim final Paperwork Reduction Act we hereby certify that the rule will not rule has been in effect since March 25, This regulation is subject to the adversely affect the well-being of 1999 (64 FR 14539). No comments were Paperwork Reduction Act. Information families. received on the rule. Accordingly, the is submitted on the Standard Form SF– Consistent with the Small Business interim rule adding 29 CFR part 99 SAC, entitled ‘‘Data Collection Form for Regulatory Enforcement Act of 1996, which was published at 64 FR 14539 on

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March 25, 1999 is being adopted as a reducing burden on some small entities. based enterprises in domestic or export final rule without change. Accordingly, the Department markets. determined that this rule will not have Paperwork Reduction Act Effects on Families a significant economic impact on a This regulation is subject to the substantial number of small entities. This rule has been assessed under Paperwork Reduction Act. Information The Department certified to this effect to section 654 of the Treasury and General is submitted on the Standard Form SF– the Chief Counsel for Advocacy of the Government Appropriations Act, 1999, SAC, entitled ‘‘Data Collection Form for U.S. Small Business Administration for its effect on family well-being and Reporting on Audits of States, Local when the interim rule was published. we hereby certify that the rule will not Governments, and Non-Profit Therefore, no Regulatory Flexibility adversely affect the well-being of Organizations for Fiscal Year Ending Analysis was required. No comments families. Dates On or After January 1, 2001.’’ The were received on any aspect of the rule Consistent with the Small Business U.S. Census Bureau is acting as the or these conclusions as set forth in the Regulatory Enforcement Act of 1996, collection agent for OMB. OMB has interim rule. DOL will submit to Congress a report issued approval number 0348–0057 for Small Business Regulatory Enforcement regarding the issuance of today’s final this data collection. Fairness Act rule prior to the effective date set forth at the outset of this notice. The report Executive Order 12866 and Significant This rule is not a ‘‘major rule’’ under Regulatory Actions will note the Office of Management and the Small Business Regulatory Budget’s determination that this rule This rule is considered by the Enforcement Fairness Act of 1996 (5 does not constitute a major rule under Department of Labor to be a ‘‘significant U.S.C. 801 et seq.) because it is not that Act 5 U.S.C. 801, 804. regulatory action’’ under section 3(f) of likely to result in (1) An annual effect E.O. 12866. Accordingly this rule has on the economy of $100 million or List of Subjects in 29 CFR Part 99 been submitted to and approved by the more; (2) a major increase in costs or Audits of States, Local Governments, Office of Management and Budget. prices for consumers, individual and Non-Profit Organizations. This rule will not have a significant industries, Federal, State or local economic impact on a substantial government agencies, or geographic Signed at Washington, DC, on March 26, number of small entities. This final rule regions; or (3) significant adverse effects 2003. does not affect the amount of funds on competition, employment, Elaine L. Chao, provided in the covered programs, but investment, productivity, innovation, or Secretary of Labor. rather increases the threshold for non- on the ability of United States-based [FR Doc. 03–7888 Filed 4–1–03; 8:45 am] Federal entities subject to audit, thereby enterprises to compete with foreign- BILLING CODE 4510–23–P

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Reader Aids Federal Register Vol. 68, No. 63 Wednesday, April 2, 2003

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING APRIL

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. 40...... 15940 Presidential Documents 3 CFR 48...... 15940 Executive orders and proclamations 741–6000 Executive Orders: 49...... 15940 The United States Government Manual 741–6000 10448 (Amended by 602...... 15940, 15942 13293) ...... 15917 Other Services Proposed Rules: 11157 (Revoked by 1...... 15801 Electronic and on-line services (voice) 741–6020 13294) ...... 15919 49...... 15690 Privacy Act Compilation 741–6064 11800 (Revoked by Public Laws Update Service (numbers, dates, etc.) 741–6043 13294) ...... 15919 29 CFR 13293...... 15917 TTY for the deaf-and-hard-of-hearing 741–6086 96...... 16162 13294...... 15919 99...... 16162 Proclamations: ELECTRONIC RESEARCH 7657...... 15921 30 CFR World Wide Web 7 CFR Proposed Rules: Full text of the daily Federal Register, CFR and other publications 70...... 15691 923...... 15923 is located at: http://www.access.gpo.gov/nara 72...... 15691 989...... 15926 Federal Register information and research tools, including Public 75...... 15691 Proposed Rules: 90...... 15691 Inspection List, indexes, and links to GPO Access are located at: 930...... 15971 http://www.archives.gov/federallregister/ 33 CFR 9 CFR E-mail 117...... 15943 94...... 15932 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Proposed Rules: an open e-mail service that provides subscribers with a digital 13 CFR 110...... 15691 165...... 15694 form of the Federal Register Table of Contents. The digital form Proposed Rules: of the Federal Register Table of Contents includes HTML and 121...... 15971 PDF links to the full text of each document. 37 CFR To join or leave, go to http://listserv.access.gpo.gov and select 14 CFR Proposed Rules: 201...... 15972 Online mailing list archives, FEDREGTOC-L, Join or leave the list 39...... 15653, 15937 (or change settings); then follow the instructions. 93...... 15657 38 CFR 121...... 15884 PENS (Public Law Electronic Notification Service) is an e-mail 1...... 15659 service that notifies subscribers of recently enacted laws. 125...... 15884 129...... 15884 40 CFR To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html Proposed Rules: and select Join or leave the list (or change settings); then follow 39 ...... 15682, 15684, 15687 52...... 15661, 15664 the instructions. 180 ...... 15945, 15958, 15963 FEDREGTOC-L and PENS are mailing lists only. We cannot 15 CFR Proposed Rules: respond to specific inquiries. 740...... 16144 52...... 15696 742...... 16144 Reference questions. Send questions and comments about the 42 CFR Federal Register system to: [email protected] 774...... 16144 Proposed Rules: The Federal Register staff cannot interpret specific documents or 17 CFR 440...... 15973 regulations. 228...... 15939 229...... 15939 44 CFR FEDERAL REGISTER PAGES AND DATE, APRIL 244...... 15939 Ch.1 ...... 15666 249...... 15939 61...... 15666 15653–15920...... 1 Proposed Rules: 64...... 15967 15921–16164...... 2 240...... 15688 46 CFR 20 CFR Proposed Rules: 404...... 15658 401...... 15697 530...... 15978 24 CFR Proposed Rules: 47 CFR 202...... 15906 54...... 15669 26 CFR 49 CFR 1...... 15940 665...... 15672

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50 CFR 224...... 15674 679...... 15969 Proposed Rules: 17...... 15804 230...... 15680 17...... 15876, 15879

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REMINDERS Garmin International, Inc.; Wheat and related products; for designated facilities and The items in this list were Family Radio Service flag smut import pollutants: editorially compiled as an aid units transmitting global prohibitions; comments California; comments due by to Federal Register users. positioning system due by 4-8-03; published 4-10-03; published 3-11- Inclusion or exclusion from location information, 2-7-03 [FR 03-03057] 03 [FR 03-05748] etc., for brief text this list has no legal Plant related quarantine; ENVIRONMENTAL messages; published 3- significance. domestic: PROTECTION AGENCY 3-03 Fire ant, imported; Air programs; approval and TRANSPORTATION comments due by 4-7-03; promulgation; State plans DEPARTMENT RULES GOING INTO published 2-5-03 [FR 03- for designated facilities and Personnel: EFFECT APRIL 2, 2003 02685] pollutants: Board for Correction of AGRICULTURE Indiana; comments due by Coast Guard Military DEPARTMENT COMMERCE DEPARTMENT Records; application 4-10-03; published 3-11- Forest Service Industry and Security procedures clarification, 03 [FR 03-05741] Bureau etc.; published 3-3-03 National Forest System land ENVIRONMENTAL and resource management TRANSPORTATION PROTECTION AGENCY Export administration planning; comments due by DEPARTMENT Air programs; approval and regulations: 4-7-03; published 3-5-03 Federal Aviation promulgation; State plans Commerce Control List— [FR 03-05116] Administration for designated facilities and Missle Technology Control Airworthiness directives: COMMERCE DEPARTMENT pollutants: Regime; published 4-2- National Oceanic and Indiana; comments due by 03 Bell; published 3-18-03 Dassault; published 3-18-03 Atmospheric Administration 4-10-03; published 3-11- COMMERCE DEPARTMENT General Electric Co.; Fishery conservation and 03 [FR 03-05742] National Oceanic and published 3-18-03 management: New Hampshire; comments Atmospheric Administration TREASURY DEPARTMENT Northeastern United States due by 4-7-03; published Fishery conservation and Internal Revenue Service fisheries— 3-6-03 [FR 03-05305] management: Excise taxes: Atlantic mackerel, squid, ENVIRONMENTAL Alaska; fisheries of Diesel fuel; blended taxable and butterfish; PROTECTION AGENCY Exclusive Economic fuel; published 4-2-03 comments due by 4-10- Air programs; approval and Zone— 03; published 3-26-03 promulgation; State plans [FR 03-07252] North Pacific Groundfish COMMENTS DUE NEXT for designated facilities and Observer Program; WEEK DEFENSE DEPARTMENT pollutants: technical correction; Federal Acquisition Regulation New Hampshire; comments published 4-2-03 AGRICULTURE (FAR): due by 4-7-03; published Western Alaska DEPARTMENT Competitive acquisition; 3-6-03 [FR 03-05306] Community Agricultural Marketing debriefing; comments due ENVIRONMENTAL Development Quota Service by 4-7-03; published 2-4- PROTECTION AGENCY Program; halibut; Olives grown in— 03 [FR 03-02580] Air programs; approval and published 3-3-03 California; comments due by Cost principles; general promulgation; State plans provisions; comments due ENERGY DEPARTMENT 4-9-03; published 3-10-03 for designated facilities and [FR 03-05561] by 4-7-03; published 2-4- pollutants: Federal Energy Regulatory AGRICULTURE 03 [FR 03-02581] Commission New Jersey; comments due DEPARTMENT ENERGY DEPARTMENT by 4-7-03; published 3-6- Practice and procedure: Animal and Plant Health Energy Efficiency and 03 [FR 03-05320] Critical energy infrastructure Inspection Service Renewable Energy Office ENVIRONMENTAL information; public Exportation and importation of Consumer products; energy PROTECTION AGENCY availability restrictions; animals and animal conservation program: Air programs; approval and published 3-3-03 products: Energy conservation promulgation; State plans ENVIRONMENTAL Foot-and-mouth disease; standards and test for designated facilities and PROTECTION AGENCY disease status change— procedures— pollutants: Uruguay; comments due Air quality implementation Refrigerators and New Jersey; comments due by 4-11-03; published plans; approval and refrigerator-freezers; by 4-7-03; published 3-6- 2-10-03 [FR 03-03228] promulgation; various comments due by 4-7- 03 [FR 03-05321] States: Noxious weeds: 03; published 3-7-03 Kikuyu grass cultivars; Rhode Island; comments Indiana; published 3-3-03 [FR 03-05405] comments due by 4-11- due by 4-7-03; published Pesticides; tolerances in food, 03; published 2-10-03 [FR ENERGY DEPARTMENT 3-6-03 [FR 03-05307] animal feeds, and raw 03-03181] Energy Efficiency and ENVIRONMENTAL agricultural commodities: AGRICULTURE Renewable Energy Office PROTECTION AGENCY Antimicrobial formulations; DEPARTMENT Consumer products; energy Air programs; approval and published 12-3-02 Animal and Plant Health conservation program: promulgation; State plans Bacillus pumilus GB 34; Inspection Service Energy conservation for designated facilities and published 4-2-03 Noxious weeds: standards and test pollutants: procedures— Modified Acrylic polymers; Witchweed; regulated areas; Rhode Island; comments published 4-2-03 comments due by 4-11- Refrigerators and due by 4-7-03; published 03; published 2-10-03 [FR refrigerator-freezers; 3-6-03 [FR 03-05308] S-metolachlor; published 4- comments due by 4-7- 2-03 03-03182] Air quality implementation AGRICULTURE 03; published 3-7-03 plans; approval and FEDERAL DEPARTMENT [FR 03-05404] promulgation; various COMMUNICATIONS Animal and Plant Health ENVIRONMENTAL States: COMMISSION Inspection Service PROTECTION AGENCY California; comments due by Radio services, special: Plant-related quarantine, Air programs; approval and 4-7-03; published 3-7-03 Personal radio services— foreign: promulgation; State plans [FR 03-05325]

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ENVIRONMENTAL Performance and casualty penalties; comments due 03; published 3-11-03 PROTECTION AGENCY rules, Alternative Dispute by 4-7-03; published 1-6- [FR 03-05861] Air quality implementation Resolution program, etc.; 03 [FR 03-00100] LABOR DEPARTMENT plans; approval and miscellaneous Vessel and facility response Occupational Safety and promulgation; various amendments; comments plans for oil; 2003 Health Administration States: due by 4-8-03; published removal equipment Safety and health standards: California; comments due by 12-27-02 [FR 02-32645] requirements and Commercial diving 4-7-03; published 3-7-03 FEDERAL RESERVE alternative technology operations; comments due [FR 03-05326] SYSTEM revisions by 4-10-03; published 1- ENVIRONMENTAL Home mortgage disclosure Meeting; comments due 10-03 [FR 03-00372] PROTECTION AGENCY (Regulation C): by 4-8-03; published NATIONAL AERONAUTICS Air quality implementation Transition rules for 11-19-02 [FR 02-29168] plans; approval and AND SPACE applications; staff Ports and waterways safety: ADMINISTRATION promulgation; various commentary; comments Oahu, Maui, Hawaii, and States: due by 4-8-03; published Federal Acquisition Regulation Kauai, HI; security zones; (FAR): Iowa; comments due by 4- 3-7-03 [FR 03-05365] comments due by 4-7-03; Competitive acquisition; 7-03; published 3-7-03 GENERAL SERVICES published 2-4-03 [FR 03- debriefing; comments due [FR 03-05309] ADMINISTRATION 02523] ENVIRONMENTAL by 4-7-03; published 2-4- Federal Acquisition Regulation HOMELAND SECURITY 03 [FR 03-02580] PROTECTION AGENCY (FAR): DEPARTMENT Air quality implementation Cost principles; general Competitive acquisition; Lobbying restrictions; plans; approval and provisions; comments due debriefing; comments due comments due by 4-7-03; promulgation; various by 4-7-03; published 2-4- by 4-7-03; published 2-4- published 3-6-03 [FR 03- States: 03 [FR 03-02581] 03 [FR 03-02580] 05145] Iowa; comments due by 4- PERSONNEL MANAGEMENT Cost principles; general 7-03; published 3-7-03 HOMELAND SECURITY OFFICE provisions; comments due [FR 03-05310] DEPARTMENT by 4-7-03; published 2-4- Federal Long Term Care Nondiscrimination on basis of ENVIRONMENTAL 03 [FR 03-02581] Insurance Program; PROTECTION AGENCY disability in federally comments due by 4-7-03; HEALTH AND HUMAN conducted programs or published 2-4-03 [FR 03- Small Business Liability Relief SERVICES DEPARTMENT and Brownfields activities; comments due by 02463] Centers for Medicare & Revitalization Act; 4-7-03; published 3-6-03 PERSONNEL MANAGEMENT Medicaid Services implementation: [FR 03-05142] OFFICE Medicare: Federal standards for HOMELAND SECURITY Health benefits, Federal conducting all appropriate End-stage renal disease DEPARTMENT employees: services; provider bad inquiry; negotiated Nondiscrimination on basis of Health care providers; debt payment; comments rulemaking committee; race, color, or national financial sanctions; due by 4-11-03; published intent to establish; origin in programs or comments due by 4-11- 2-10-03 [FR 03-02974] comments due by 4-7-03; activities receiving Federal 03; published 2-10-03 [FR published 3-6-03 [FR 03- HEALTH AND HUMAN financial assistance; 03-03125] 05324] SERVICES DEPARTMENT comments due by 4-7-03; PERSONNEL MANAGEMENT published 3-6-03 [FR 03- FARM CREDIT Food and Drug OFFICE ADMINISTRATION Administration 05144] Homeland Security Act; Farm credit system: Nondiscrimination on basis of Radiological health: implementation: Borrower rights; comments sex in education programs Diagnostic x-ray systems Voluntary separation due by 4-7-03; published and their major or activities receiving 2-4-03 [FR 03-02506] Federal financial assistance; incentive payments; components; performance comments due by 4-7-03; FEDERAL standard; comments due comments due by 4-7-03; published 3-6-03 [FR 03- published 2-4-03 [FR 03- COMMUNICATIONS by 4-9-03; published 12- 02766] COMMISSION 10-02 [FR 02-30550] 05143] Radio frequency devices: Organization, functions, and SECURITIES AND HEALTH AND HUMAN EXCHANGE COMMISSION Unlicensed devices SERVICES DEPARTMENT authority delegations: Securities: operating in additional Energy Employees Immigration law Sarbanes-Oxley Act of frequency bands; Occupational Illness enforcement; comments 2002; implementation— feasibility; comments due Compensation Program Act; due by 4-7-03; published by 4-7-03; published 1-21- implementation: 3-6-03 [FR 03-05146] Attorneys; professional 03 [FR 03-01206] conduct standards; Special Exposure Cohort; HOUSING AND URBAN implementation; Radio stations; table of classes of employees DEVELOPMENT comments due by 4-7- assignments: designated as members; DEPARTMENT 03; published 2-6-03 North Carolina and Virginia; procedures; comments Public and Indian housing: comments due by 4-11- [FR 03-02520] due by 4-7-03; published Public housing assessment 03; published 3-10-03 [FR 3-7-03 [FR 03-05604] system; changes; OFFICE OF UNITED STATES 03-05333] TRADE REPRESENTATIVE HOMELAND SECURITY comments due by 4-7-03; Oregon; comments due by DEPARTMENT published 2-6-03 [FR 03- Trade Representative, Office 4-11-03; published 3-6-03 of United States Coast Guard 02608] [FR 03-05334] Andean Trade Preference Act, Drawbridge operations: JUSTICE DEPARTMENT Various States; comments as amended by Andean due by 4-11-03; published New Jersey; comments due DNA identification system: Trade Promotion and Drug 3-6-03 [FR 03-05335] by 4-7-03; published 2-5- USA PATRIOT Act; Eradication Act; countries FEDERAL MARITIME 03 [FR 03-02696] implementation— eligibility for benefits; COMMISSION Pollution: Federal offenders; DNA petition process; comments Passenger vessel financial Ballast water management sample collection; due by 4-7-03; published 2- responsibility: reports; non-submission comments due by 4-10- 4-03 [FR 03-02705]

VerDate Jan 31 2003 18:53 Apr 01, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\02APCU.LOC 02APCU Federal Register / Vol. 68, No. 63 / Wednesday, April 2, 2003 / Reader Aids v

TRANSPORTATION TRANSPORTATION comments due by 4-7-03; session of Congress which DEPARTMENT DEPARTMENT published 2-4-03 [FR 03- have become Federal laws. It Federal Aviation Federal Highway 02336] may be used in conjunction Administration Administration Community Development with ‘‘PLUS’’ (Public Laws Financial Institutions Update Service) on 202–741– Aircraft products and parts; Grants: Program; implementation; 6043. This list is also certification procedures: Operation of motor vehicles comments due by 4-7-03; available online at http:// Production Approval by intoxicated persons; withholding of Federal-aid published 2-4-03 [FR 03- www.nara.gov/fedreg/ Holder’s quality system; 02335] plawcurr.html. products and/or parts that highway funds; comments TREASURY DEPARTMENT have left system, due by 4-7-03; published Currency and foreign The text of laws is not performing work on; policy 2-6-03 [FR 03-02790] transactions; financial published in the Federal statement; comments due TRANSPORTATION reporting and recordkeeping Register but may be ordered by 4-10-03; published 3- DEPARTMENT requirements: in ‘‘slip law’’ (individual 11-03 [FR 03-05128] Federal Motor Carrier Safety pamphlet) form from the Administration USA PATRIOT Act; Airworthiness directives: implementation— Superintendent of Documents, Motor carrier safety standards: U.S. Government Printing BAE Systems (Operations) Anti-money laundering Intermodal container chassis Office, Washington, DC 20402 Ltd.; comments due by 4- programs for and trailers; general (phone, 202–512–1808). The 11-03; published 3-12-03 businesses engaged in inspection, repair, and text will also be made [FR 03-05859] vehicle sales; comments maintenance available on the Internet from due by 4-10-03; Bell; comments due by 4-8- requirements; negotiated GPO Access at http:// published 2-24-03 [FR 03; published 2-7-03 [FR rulemaking process; intent www.access.gpo.gov/nara/ 03-04173] 03-03030] to consider; comments nara005.html. Some laws may Anti-money laundering Boeing; comments due by due by 4-10-03; published not yet be available. programs for travel 4-10-03; published 2-24- 2-24-03 [FR 03-04228] agencies; comments 03 [FR 03-04236] H.R. 395/P.L. 108–10 TRANSPORTATION due by 4-10-03; Dornier; comments due by DEPARTMENT published 2-24-03 [FR 4-11-03; published 3-12- Do-Not-Call Implementation National Highway Traffic 03-04172] 03 [FR 03-05858] Act (Mar. 11, 2003; 117 Stat. Safety Administration VETERANS AFFAIRS 557) General Electric Co.; Grants: DEPARTMENT comments due by 4-8-03; Last List March 10, 2003 Operation of motor vehicles Adjudication; pensions, published 2-7-03 [FR 03- by intoxicated persons; compensation, dependency, 02995] wtihholding of Federal-aid etc.: McDonnell Douglas; highway funds; comments Cirrhosis of liver in former comments due by 4-7-03; due by 4-7-03; published Public Laws Electronic prisoners of war; Notification Service published 2-20-03 [FR 03- 2-6-03 [FR 03-02790] presumptive service 04028] TREASURY DEPARTMENT connection; comments (PENS) Raytheon; comments due by Comptroller of the Currency due by 4-11-03; published 4-10-03; published 2-24- National banks: 2-10-03 [FR 03-03175] 03 [FR 03-04234] PENS is a free electronic mail Authority provided by VETERANS AFFAIRS notification service of newly Sikorsky; comments due by American Homeownership DEPARTMENT enacted public laws. To 4-8-03; published 2-7-03 and Economic Opportunity Loan guaranty: subscribe, go to http:// [FR 03-03031] Act, and other Veterans Education and listserv.gsa.gov/archives/ Turbomeca; comments due miscellaneous Benefits Expansion Act; publaws-l.html by 4-7-03; published 2-5- amendments; comments implementation; comments 03 [FR 03-02633] due by 4-8-03; published due by 4-11-03; published Note: This service is strictly 2-7-03 [FR 03-02641] 2-10-03 [FR 03-03176] Turbomeca S.A.; comments for E-mail notification of new due by 4-8-03; published TREASURY DEPARTMENT laws. The text of laws is not 2-7-03 [FR 03-02996] Community Development LIST OF PUBLIC LAWS available through this service. Jet routes; comments due by Financial Institutions Fund PENS cannot respond to 4-7-03; published 2-19-03 Bank Enterprise Award This is a continuing list of specific inquiries sent to this [FR 03-03965] Program; implementation; public bills from the current address.

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