7–18–03 Vol. 68 No. 138 Friday July 18, 2003 Pages 42563–42942

7–18–03 Friday Vol. 68 No. 138 July 18, 2003

Pages 42563–42942

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1 II Federal Register / Vol. 68, No. 138 / Friday, July 18, 2003

The FEDERAL REGISTER (ISSN 0097–6326) is published daily, SUBSCRIPTIONS AND COPIES Monday through Friday, except official holidays, by the Office of the Federal Register, National Archives and Records PUBLIC Administration, Washington, DC 20408, under the Federal Register Subscriptions: Act (44 U.S.C. Ch. 15) and the regulations of the Administrative Paper or fiche 202–512–1800 Committee of the Federal Register (1 CFR Ch. I). The Assistance with public subscriptions 202–512–1806 Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official General online information 202–512–1530; 1–888–293–6498 edition. Periodicals postage is paid at Washington, DC. Single copies/back copies: The FEDERAL REGISTER provides a uniform system for making Paper or fiche 202–512–1800 available to the public regulations and legal notices issued by Assistance with public single copies 1–866–512–1800 Federal agencies. These include Presidential proclamations and (Toll-Free) Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published by act of Congress, and other Federal agency documents of public Subscriptions: interest. Paper or fiche 202–741–6005 Documents are on file for public inspection in the Office of the Assistance with Federal agency subscriptions 202–741–6005 Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see http://www.nara.gov/ fedreg. What’s NEW! The seal of the National Archives and Records Administration Federal Register Table of Contents via e-mail authenticates the Federal Register as the official serial publication Subscribe to FEDREGTOC, to receive the Federal Register Table of established under the Federal Register Act. Under 44 U.S.C. 1507, Contents in your e-mail every day. the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. If you get the HTML version, you can click directly to any document It is also available online at no charge as one of the databases in the issue. on GPO Access, a service of the U.S. Government Printing Office. To subscribe, go to http://listserv.access.gpo.gov and select: The online edition of the Federal Register www.access.gpo.gov/ Online mailing list archives nara, available through GPO Access, is issued under the authority of the Administrative Committee of the Federal Register as the FEDREGTOC-L official legal equivalent of the paper and microfiche editions (44 Join or leave the list U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day Then follow the instructions. the Federal Register is published and includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. For more information about GPO Access, contact the GPO Access User Support Team, call toll free 1-888-293-6498; DC area 202- 512-1530; fax at 202-512-1262; or via email at [email protected]. The Support Team is available between 7:00 a.m. and 5:30 p.m. Eastern Time, Monday–Friday, except official holidays. The annual subscription price for the Federal Register paper edition is $699, or $764 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $264. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $10.00 for each issue, or $10.00 for each group of pages as actually bound; or $2.00 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 40% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard, American Express, or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250-7954; or call toll free 1-866-512-1800, DC area 202-512-1800; or go to the U.S. Government Online Bookstore site, [email protected]. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 68 FR 12345. Postmaster: Send address changes to the Superintendent of Documents, Federal Register, U.S. Government Printing Office, Washington DC 20402, along with the entire mailing label from the last issue received.

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2 III

Contents Federal Register Vol. 68, No. 138

Friday, July 18, 2003

Agricultural Marketing Service See International Trade Administration NOTICES See National Oceanic and Atmospheric Administration Agency information collection activities; proposals, NOTICES submissions, and approvals, 42672–42673 Overseas trade missions: 2003 trade missions— Agriculture Department St. Petersburg and Moscow, Russia; oil and gas See Agricultural Marketing Service business development mission; correction, 42685 See Animal and Plant Health Inspection Service See Commodity Credit Corporation Committee for Purchase From People Who Are Blind or See Farm Service Agency Severely Disabled See Food and Nutrition Service NOTICES See Forest Service Procurement list; additions and deletions, 42683–42685 See Grain Inspection, Packers and Stockyards Administration Commodity Credit Corporation See Natural Resources Conservation Service RULES See Rural Utilities Service Export programs: Technical Assistance for Specialty Crops Program; Animal and Plant Health Inspection Service implementation, 42563–42565 RULES NOTICES Livestock and poultry disease control: Grants and cooperative agreements; availability, etc.: Low pathogenic avian influenza; indemnity payment, Quality Samples Program, 42673–42675 42565–42570 Technical Assistance for Specialty Crops Program, 42675

Army Department Commodity Futures Trading Commission NOTICES NOTICES Environmental statements; availability, etc.: Meetings; Sunshine Act, 42690–42691 Base realignment and closure— Fort Dix, NJ, 42692–42693 Community Development Financial Institutions Fund NOTICES Blind or Severely Disabled, Committee for Purchase From Grants and cooperative agreements; availability, etc.: People Who Are New Markets Tax Credit Program, 42806–42812 See Committee for Purchase From People Who Are Blind or Severely Disabled Consumer Product Safety Commission Census Bureau NOTICES Agency information collection activities; proposals, RULES submissions, and approvals, 42691–42692 Age Search Program; requirements, 42585–42586 Weightlifting bench press benches; labeling to reduce or Centers for Disease Control and Prevention prevent deaths due to asphyxia/anoxia; petition, 42692 NOTICES Agency information collection activities; proposals, Customs and Border Protection Bureau submissions, and approvals, 42730–42733 RULES Grant and cooperative agreement awards: Organization and functions; field organization, ports of Uganda Virus Research Institute, 42733–42734 entry, etc.: Grants and cooperative agreements; availability, etc.: Fargo, ND; port of entry establishment, 42587–42589 American Indians/Alaska Natives; effective strategies to Portland, ME; port limits expansion, 42586–42587 reduce motor vehicle injuries, 42734–42738 PROPOSED RULES Blindness and Vision Loss Prevention Program, 42738– Organization and functions; field organization, ports of 42742 entry, etc.: Chicago, IL; port limits extension, 42650–42651 Coast Guard RULES Defense Department Practice and procedure: See Army Department Territorial seas, navigable waters, and jurisdiction; definitions, 42595–42602 Employment Standards Administration NOTICES NOTICES Deepwater ports; license applications: Minimum wages for Federal and federally-assisted Port Pelican LLC, 42744–42745 construction; general wage determination decisions, 42784–42785 Commerce Department See Census Bureau Energy Department See Foreign-Trade Zones Board See Federal Energy Regulatory Commission

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Environmental Protection Agency Boeing, 42573–42577, 42583–42585 RULES Bombardier, 42580–42583 Air pollutants, hazardous; national emission standards: PROPOSED RULES Chemical recovery combustion sources at kraft, soda, Airworthiness directives: sulfite, and stand-alone semichemical pulp mills Air Cruisers Co., 42647–42650 Correction, 42603–42605 NOTICES Air programs: Air traffic operating and flight rules, etc.: Stratospheric ozone protection— High density airports; takeoff and landing slots, slot Chlorobromomethane production and consumption; exemption lottery, and slot allocation procedures— phaseout, 42883–42895 Reagan National Airport; lottery allocation procedures, Hazardous waste program authorizations: 42796 Georgia, 42605–42608 PROPOSED RULES Federal Communications Commission Air quality implementation plans; approval and RULES promulgation; various States; air quality planning Radio services, special: purposes; designation of areas: Fixed microwave services— Pennsylvania, 42657–42661 Multichannel Video Distribution and Data Service; Air quality implementation plans; approval and NGSO FSS systems co-frequency operation with promulgation; various States: GSO and terrestrial systems in Ku-Band frequency Georgia, 42653–42657 range, 42610–42613 Hazardous waste program authorizations: Radio stations; table of assignments: Georgia, 42662 California, 42609 NOTICES Florida, 42608–42609 Committees; establishment, renewal, termination, etc.: Texas, 42609–42610 Science Advisory Board, 42703–42704 Virginia and North Carolina, 42608 Environmental statements; availability, etc.: PROPOSED RULES Digital television stations; table of assignments: Agency statements— Texas, 42662–42663 Comment availability, 42705–42706 Radio stations; table of assignments: Weekly receipts, 42704–42705 Arizona, 42665–42666 Meetings: California and Texas, 42664–42665 Science Advisory Board, 42706–42707 Michigan, 42666 Pesticide registration, cancellation, etc.: Texas, 42665 Bayer CropScience et al., 42707–42709 Texas and New York, 42663 Pesticides; experimental use permits, etc.: Various States, 42663–42664 Syngenta Crop Protection, Inc., et al., 42709–42710 Reports and guidance documents; availability, etc.: Federal Energy Regulatory Commission Acute exposure guideline levels; values, 42710–42726 NOTICES Superfund; response and remedial actions, proposed Electric rate and corporate regulation filings: settlements, etc.: Eagle Energy Partners, Inc., et al., 42696–42698 Radiation Technology, Inc. Site, NJ, 42727 Wisvest-Connecticut, LLC, et al., 42698–42699 Superfund program: Environmental statements; availability, etc.: Prospective purchaser agreements— Tehama and Shasta Counties, CA; Battle Creek Salmon Sand Creek Site, CO, 42727 and Steelhead Restoration Project, 42758–42759 Toxic and hazardous substances control: Environmental statements; notice of intent: New chemicals— Weaver’s Cove Energy L.L.C. et al., 42699–42701 Test marketing exemption approvals, 42727–42728 Hydroelectric applications, 42701–42702 Water programs: Practice and procedure: Drinking water contaminant candidate list; primary Off-the-record communications, 42703 contaminants; regulatory determinations, 42897– Applications, hearings, determinations, etc.: 42906 Chevron Products Co.; correction, 42693 Water supply: EnergyNorth Natural Gas, Inc., 42693 National primary drinking water regulations— FPL Energy Seabrook, LLC, et al., 42693–42694 Existing drinking water standards; review, 42907– PacifiCorp et al., 42694 42929 Pinnacle West Energy Corp. et al., 42694–42695 Tennessee Gas Pipeline Co. et al., 42695 Farm Service Agency Transcontinental Gas Pipe Line Corp., 42695 NOTICES Whiting Leasing LLC; correction, 42695–42696 Agency information collection activities; proposals, Wyckoff Gas Storage Co., LLC, 42696 submissions, and approvals, 42675–42676 Federal Reserve System Federal Aviation Administration NOTICES RULES Banks and bank holding companies: Air carrier certification and operations: Change in bank control, 42728–42729 Digital flight data recorder upgrade requirements, 42931– Formations, acquisitions, and mergers, 42729 42941 Permissible nonbanking activities, 42729–42730 Large cargo airplanes; flightdeck security, 42873–42882 Airworthiness directives: Financial Management Service Aerospatiale, 42577–42580 See Fiscal Service

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Fiscal Service Facilities to assist homeless— NOTICES Excess and surplus Federal property, 42746–42749 Surety companies acceptable on Federal bonds: Organization, functions, and authority delegations: Commercial Casualty Insurance Co. of North Carolina; Assistant Secretary for Policy Development and Research, termination, 42812 42749 Assistant Secretary for Public and Indian Housing, Fish and Wildlife Service 42749–42751 PROPOSED RULES Endangered and threatened species: Indian Affairs Bureau Slickspot peppergrass, 42666–42668 PROPOSED RULES No Child Left Behind Act; implementation: Food and Drug Administration No Child Left Behind Negotiated Rulemaking RULES Committee— Animal drugs, feeds, and related products: Membership, 42651–42652 Laidlomycin, 42589–42590 NOTICES Sponsor name and address changes— Grants and cooperative agreements; availability, etc.: Cross Vetpharm Group Ltd.; correction, 42589 Education facilities replacement construction priority list; NOTICES correction, 42815 Agency information collection activities; proposals, submissions, and approvals, 42742–42743 Interior Department See Fish and Wildlife Service Food and Nutrition Service See Indian Affairs Bureau NOTICES See Land Management Bureau Agency information collection activities; proposals, See National Park Service submissions, and approvals, 42676–42677 See Reclamation Bureau Foreign-Trade Zones Board Internal Revenue Service NOTICES RULES Applications, hearings, determinations, etc.: Estate and gift taxes: Texas Right to recover gift tax, and tax consequences, 42593– Mactor Corp.; data storage products assembly and 42595 warehousing facilities, 42685–42686 Income taxes: Forest Service Tax attributes reduction due to discharge of NOTICES indebtedness, 42590–42593 PROPOSED RULES Environmental statements; notice of intent: Income taxes: Dixie National Forest, UT, 42677–42679 Tax attributes reduction due to discharge of Grain Inspection, Packers and Stockyards Administration indebtedness; cross-reference, 42652–42653 NOTICES PROPOSED RULES Agency information collection activities; proposals, Fees: submissions, and approvals, 42812–42813 Processed commodity analytical services, 42644–42646

Health and Human Services Department International Trade Administration See Centers for Disease Control and Prevention NOTICES See Food and Drug Administration Antidumping: See Substance Abuse and Mental Health Services Tetrahydrofurfuryl alcohol from— Administration China, 42686–42689

Homeland Security Department International Trade Commission See Coast Guard NOTICES See Customs and Border Protection Bureau Import investigations: Wax and wax/resin thermal transfer ribbons from— Housing and Urban Development Department Various countries, 42759–42760 PROPOSED RULES Meetings; Sunshine Act, 42760 Public and Indian housing: Native American Housing Assistance and Self- Judicial Conference of the United States Determination Negotiated Rulemaking Committee; NOTICES meetings, 42651 Meetings: NOTICES Judicial Conference Advisory Committee on— Agency information collection activities; proposals, Bankruptcy Procedure Rules, 42761 submissions, and approvals, 42745–42746 Civil Procedure Rules, 42761 Grants and cooperative agreements; availability, etc.: Criminal Procedure Rules, 42761 Ending chronic homelessness through employment and Evidence Rules, 42760 housing— Practice and Procedure Rules, 42760–42761 Working for freedom, opportunity, and real choice through community employment (WorkFORCE), Labor Department 42817–42872 See Employment Standards Administration

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NOTICES Meetings: Grants and cooperative agreements; availability, etc.: Aniakchak National Monument Park Subsistence Ending chronic homelessness through employment and Resource Commission, 42752–42753 housing— Cape Cod National Seashore Advisory Commission, Working for freedom, opportunity, and real choice 42753 through community employment (WorkFORCE), Denali National Park Subsistence Resource Commission, 42817–42872 42753–42754 Ugandan workplaces; combating HIV/AIDS through Kaloko-Honokohau National Historical Park Advisory community/faith-based organizations, 42761–42783 Commission, 42754 International Labor Affairs Bureau Lake Clark National Park and Preserve Subsistence Australia; labor rights and laws governing exploitative Resource Commission, 42754 child labor; information request, 42783–42784 National Historic Landmarks Survey: San Luis de Apalache National Historic Landmark, Leon Land Management Bureau County, FL, 42754–42755 NOTICES National Register of Historic Places: Meetings: Pending nominations, 42755–42756 Resource Advisory Committees— Native American human remains and associated funerary Coos Bay District, 42751 objects: Survey plat filings: Phoebe A. Hearst Museum of Anthropology, University of Oregon and Washington, 42751–42752 California, CA— Maritime Administration Inventory from various sites in Kern County, CA, 42756–42757 NOTICES San Diego State University, CA— Coastwise trade laws; administrative waivers: Inventory from Santee and Rancho Santa Fe, CA, BEAU GESTE, 42796 42757–42758 CINNAMON TEAL, 42796–42797 GOLDEN DAYS, 42797 National Science Foundation HORIZON, 42797–42798 NOTICES JACQUELINE, 42798 Meetings; Sunshine Act; correction, 42815 JOHN A., 42798–42799 LADY SHARON GALE, 42799 Natural Resources Conservation Service MAGNOLIA, 42799 NOTICES OUR JEWEL, 42799–42800 Field office technical guides; changes: THE FURRY FIVE, 42800 Indiana, 42679–42680 Deepwater ports; license applications: Oregon, 42672 Port Pelican LLC, 42744–42745 Nuclear Regulatory Commission Mississippi River Commission RULES NOTICES Spent nuclear fuel and high-level radioactive waste; Meetings; Sunshine Act, 42785 independent storage; licensing requirements: Approved spent fuel storage casks; list, 42570–42573 National Oceanic and Atmospheric Administration PROPOSED RULES RULES Spent nuclear fuel and high-level radioactive waste; Fishery conservation and management: independent storage; licensing requirements: Magnuson-Stevens Act provisions— Approved spent fuel storage casks; list, 42646–42647 Pacific Coast groundfish; fishing capacity reduction NOTICES program, 42613–42643 Meetings: West Coast States and Western Pacific fisheries— Nuclear Waste Advisory Committee, 42786 Pacific whiting, 42643 Applications, hearings, determinations, etc.: PROPOSED RULES CFC Logistics, Inc., 42785–42786 Fishery conservation and management: Magnuson-Stevens Act provisions— Pension Benefit Guaranty Corporation Domestic fisheries; exempted fishing permit NOTICES applications, 42668–42671 Agency information collection activities; proposals, Northeastern United States fisheries— submissions, and approvals, 42786–42788 Atlantic mackerel, squid, and butterfish, 42671 NOTICES Public Debt Bureau Permits: See Fiscal Service Marine mammals, 42689–42690 Reports and guidance documents; availability, etc.: Reclamation Bureau National Marine Sanctuary Program; artificial reef NOTICES development; permit applications policy, 42690 Environmental statements; availability, etc.: Tehama and Shasta Counties, CA; Battle Creek Salmon National Park Service and Steelhead Restoration Project, 42758–42759 NOTICES Environmental statements; availability, etc.: Rural Utilities Service Biscayne National Park, FL, 42752 NOTICES Statue of Liberty National Monument and Ellis Island, Grants and cooperative agreements; availability, etc.: NY and NJ; correction, 42752 Broadband Pilot Program, 42680

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Public Television Station Digital Transition Program, RULES 42680–42683 Acquisition regulations: Revision Securities and Exchange Commission Correction, 42815 NOTICES NOTICES Agency information collection activities; proposals, Agency information collection activities; proposals, submissions, and approvals, 42788–42789 submissions, and approvals, 42802–42806 Investment Company Act of 1940: Exemption applications— Veterans Affairs Department Integrity Life Insurance Co. et al., 42789–42792 RULES Meetings; Sunshine Act, 42792 Adjudication; pensions, compensation, dependency, etc.: Self-regulatory organizations; proposed rule changes: Cirrhosis of liver in former prisoners of war; presumptive American Stock Exchange LLC, 42792–42793 service connection, 42602–42603 Municipal Securities Rulemaking Board, 42793–42794 NOTICES Meetings: Small Business Administration Capital Asset Realignment for Enhanced Services NOTICES Commission, 42814 Disaster loan areas: Privacy Act: Indiana, 42794 Computer matching programs, 42814 Kentucky, 42795 West Virginia, 42795 Separate Parts In This Issue State Department NOTICES Part II Agency information collection activities; proposals, Housing and Urban Development Department; Labor submissions, and approvals, 42795 Department, 42817–42872 Meetings: President’s Refugee Admissions Program (2004 FY), Part III 42795 Transportation Department, Federal Aviation Administration, 42873–42882 Substance Abuse and Mental Health Services Administration Part IV NOTICES Environmental Protection Agency, 42883–42895 Agency information collection activities; proposals, submissions, and approvals, 42743–42744 Part V Environmental Protection Agency, 42897–42906 Surface Transportation Board NOTICES Part VI Rail carriers: Control exemptions— Environmental Protection Agency, 42907–42929 RailAmerica, Inc., et al., 42800–42801 Railroad operation, acquisition, construction, etc.: Part VII Union Pacific Railroad Co., 42801 Transportation Department, Federal Aviation Railroad services abandonment: Administration, 42931–42941 Greenville County Economic Development Corp., 42801– 42802 Reader Aids Transportation Department Consult the Reader Aids section at the end of this issue for See Federal Aviation Administration phone numbers, online resources, finding aids, reminders, See Maritime Administration and notice of recently enacted public laws. See Surface Transportation Board To subscribe to the Federal Register Table of Contents Treasury Department LISTSERV electronic mailing list, go to http:// See Community Development Financial Institutions Fund listserv.access.gpo.gov and select Online mailing list See Fiscal Service archives, FEDREGTOC-L, Join or leave the list (or change See Internal Revenue Service 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.

7 CFR 46 CFR 1487...... 42563 7...... 42595 Proposed Rules: 28...... 42595 868...... 42644 47 CFR 73 (4 documents) ...... 42608, 9 CFR 53...... 42565 42609 101...... 42610 10 CFR Proposed Rules: 72...... 42570 73 (7 documents) ...... 42662, Proposed Rules: 42663, 42664, 42665, 42666 72...... 42646 48 CFR 14 CFR Ch. 10 ...... 42817 39 (6 documents) ...... 42573, 50 CFR 42577, 42578, 42580, 42581, 600...... 42613 42583 660...... 42643 121 (2 documents) ...... 42874, Proposed Rules: 42932 17...... 42666 125...... 42932 600 (3 documents) ...... 42668, 129...... 42874 42669, 42670 135...... 42932 648...... 42671 Proposed Rules: 39...... 42647 15 CFR 50...... 42585 80...... 42585 19 CFR 101 (2 documents) ...... 42586, 42587 122...... 42587 Proposed Rules: 101...... 42650 21 CFR 522...... 42589 556...... 42589 558...... 42589 24 CFR Proposed Rules: 1000...... 42651 25 CFR Proposed Rules: Ch. I ...... 42651 26 CFR 1...... 42590 20...... 42593 25...... 42593 Proposed Rules: 1...... 42652 33 CFR 2...... 42595 26...... 42595 62...... 42595 64...... 42595 95...... 42595 100...... 42595 120...... 42595 165...... 42595 38 CFR 3...... 42602 40 CFR 63...... 42603 82...... 42884 271...... 42605 Proposed Rules: 52 (2 documents) ...... 42653, 42657 81...... 42657 271...... 42662

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Rules and Regulations Federal Register Vol. 68, No. 138

Friday, July 18, 2003

This section of the FEDERAL REGISTER administrative proceedings before suit Assistance for Specialty Crops program contains regulatory documents having general may be filed. may be submitted online, and requests applicability and legal effect, most of which for reimbursement as well as all Executive Order 12372 are keyed to and codified in the Code of payments to participants will be Federal Regulations, which is published under This program is not subject to the handled electronically. 50 titles pursuant to 44 U.S.C. 1510. provisions of Executive Order 12372, Executive Order 12612 The Code of Federal Regulations is sold by which require intergovernmental the Superintendent of Documents. Prices of consultation with State and local It has been determined that this rule new books are listed in the first FEDERAL officials. See the notice related to 7 CFR does not have sufficient Federalism REGISTER issue of each week. part 3014, subpart V, published at 48 FR implications to warrant the preparation 29115 (June 24, 1983). of a Federalism Assessment. The provisions contained in this rule will Regulatory Flexibility Act DEPARTMENT OF AGRICULTURE not have a substantial direct effect on It has been determined that the States or their political subdivisions, or Commodity Credit Corporation Regulatory Flexibility Act is not on the distribution of power and applicable to this rule because the responsibilities among the various 7 CFR Part 1487 Commodity Credit Corporation is not levels of government. required by any provision of law to RIN 0551–AA63 Background publish a notice of proposed rulemaking Technical Assistance for Specialty with respect to the subject matter of this The Commodity Credit Corporation Crops Program rule. (CCC) will periodically publicly announce that proposals may be AGENCY: Commodity Credit Corporation, The Unfunded Mandates Reform Act of submitted for participation in the USDA. 1995 Technical Assistance for Specialty ACTION: Final rule. This rule contains no Federal Crops (TASC) program, which is mandates under the regulatory administered by personnel of the SUMMARY: This rule finalizes the interim provisions of Title II of the Unfunded Foreign Agricultural Service (FAS). On rule which implemented the Mandates Reform Act of 1995 (UMRA) May 13, 2002, the President signed the Commodity Credit Corporation’s for State, local, and tribal governments Farm Security and Rural Investment Act Technical Assistance for Specialty or the private sector. Thus, this rule is of 2002. Section 3205 of that Act directs Crops program to help open, retain, and not subject to the requirements of the Secretary of Agriculture to establish expand markets for U.S. specialty crops. sections 202 and 205 of the UMRA. an export assistance program to address DATES: This rule is effective August 18, barriers that prohibit or threaten the 2003. Applicability date: This rule does Paperwork Reduction Act of 1995 export of U.S. specialty crops. The not apply to projects approved prior to In accordance with provisions of the statute directs the Secretary to make the effective date. Paperwork Reduction Act of 1995, the available $2,000,000 of CCC resources FOR FURTHER INFORMATION CONTACT: Foreign Agricultural Service submitted for the TASC program in each of fiscal Marketing Operations Staff, Foreign an information collection package to the years 2002 through 2007. The TASC Agricultural Service, Room 4932–S, Office of Management and Budget (OMB program is designed to assist U.S. Stop 1042, U.S. Department of control number 0551–0038) to support organizations by providing funding for Agriculture, 1400 Independence an interim rule published in the Federal projects which address sanitary, Avenue, SW., Washington, DC 20250– Register on September 10, 2002, (67 FR phytosanitary, and technical barriers 1042, or telephone: (202) 720–4327. 57326–57329) which implemented the that prohibit or threaten the export of SUPPLEMENTARY INFORMATION: Technical Assistance for Specialty U.S. specialty crops. For the purpose of Crops program. Copies of the this rule, U.S. specialty crops include Executive Order 12866 information collection may be obtained all cultivated plants, or the products This rule is issued in conformance from Kimberly Chisley, the Agency thereof, produced in the U.S., except with Executive Order 12866. It has been Information Collection Coordinator, on wheat, feed grains, oilseeds, cotton, rice, determined significant for the purposes (202) 720–2568 or by e-mail to peanuts, sugar, and tobacco. of Executive Order 12866 and, therefore, [email protected]. has been reviewed by the Office of Summary and Analysis of Comments Government Paperwork Elimination Management and Budget. On September 10, 2002, the CCC Act published an interim rule in the Federal Executive Order 12988 The Foreign Agricultural Service is Register (67 FR 57326–57329) This rule has been reviewed in committed to compliance with the implementing the TASC program. That accordance with Executive Order 12988, Government Paperwork Elimination rule also requested that interested Civil Justice Reform. This rule would Act, which requires Government parties submit comments on the rule by have preemptive effect with respect to agencies, in general, to provide the November 12, 2002. The FAS received any State or local laws, regulations or public the option of submitting one comment on the interim rule. policies which conflict with such information or transacting business Comment: To be more effective in provisions or which otherwise impede electronically to the maximum extent addressing sudden and unpredictable their full implementation; does not have possible. Accordingly, applications for technical barriers to trade, access to retroactive effect; and does not require participation in the Technical TASC program funds should not be

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limited to once per year. Rather, TASC b. By redesignating paragraphs applicants which address essentially the program funding should be made (b)(2l)(iii) through (b)(2)(vii) as same barrier, the nature of the applicant available as the need arises, perhaps by paragraphs (b)(2)(iv) through (b)(2)(viii); organization will be taken into utilizing a quick-response mechanism. and consideration, with a greater weight Response: The agency agrees with this c. By adding a new paragraph given to those organizations with the comment and has included language in (b)(2)(iii). broadest base of producer § 1487.5 to provide for the The revision and addition read as representation. establishment of a formal quick- follows: * * * * * response process. The periodic § 1487.5 What is the process for ■ 5. Section 1487.7 is revised to read as announcements indicating that the CCC submitting proposals? follows: will be accepting applications also will (a) General. Periodically the CCC will provide the details of the various § 1487.7 How are agreements formalized? inform the public of the process by application options that are available. which interested eligible organizations Following the approval of a proposal, In addition to the language that was may submit proposals for TASC the CCC will enter into a written incorporated in § 1487.5 in response to program funding. This announcement agreement with the organization that the public comment, this final rule adds will, among other things, include submitted the proposal. This program a new provision in § 1487.6(a)(8) to information on any deadlines for agreement will incorporate the proposal complement § 1487.2 and clearly submitting proposals and the address of as approved by the FAS, include a indicate that the TASC program is the office to which the proposals should maximum dollar amount that may be intended to benefit the represented be sent. The CCC also may announce the reimbursed (the funding level), and industry rather than a specific company availability of a Quick Response Fund identify terms and conditions under or brand. This final rule also includes within the TASC program. Proposals which the CCC will reimburse certain other minor organizational, submitted under any form of quick costs of the project. Program agreements administrative and editorial changes so response process may be submitted at also will outline any specific as to improve the clarity and any time during the year but must meet responsibilities of the participant, consistency of the regulations. the basic requirements of the program including, but not limited to, the timely Effective Date and any specific requirements of that and effective implementation of program activities and the submission of This rule is effective August 18, 2003 particular process. Organizations a written report(s), on no less than an but does not apply to projects approved interested in participating in the TASC annual basis, which evaluates the TASC prior to the effective date. program may submit their proposals electronically or in paper copy. project using the performance measures List of Subjects in 7 CFR Part 1487 Although no specific format is required, presented in the approved proposal. Agricultural commodities, Exports, a sample format for proposals is ■ 6. Section 1487.8 is removed. Specialty crops. available from the address provided in ■ 7. Section 1487.9 is redesignated as ■ In consideration of the foregoing, the this rule. 1487.8 and revised to read as follows: (b) * * * interim rule published at 67 FR 57326– (2) * * * § 1487.8 How are payments made? 57329, September 10, 2002, adding 7 (ii) The amount of funding requested (a) Reimbursement. (1) Following the CFR part 1487 is adopted as final with and a justification for why federal the following changes: implementation of a project for which funding is needed; the CCC has agreed to provide funding, (iii) Beginning and ending dates for PART 1487—TECHNICAL a participant may submit claims for the proposed project; ASSISTANCE FOR SPECIALTY CROPS reimbursement of eligible expenses to * * * * * the extent that the CCC has agreed to ■ 1. The authority citation for 7 CFR part ■ 4. Section 1487.6 is amended as pay such expenses. Any changes to 1487 continues to read as follows: follows: approved activities must be approved in Authority: Sec. 3205 of Pub. L. 107–171. a. By removing paragraph (a)(7); writing by the FAS before any ■ 2. Section 1487.1 is amended by b. By redesignating paragraph (a)(1) as reimbursable expenses associated with adding the following new definitions in paragraph (a)(7); the change can be incurred. A alphabetical order: c. By redesignating paragraphs (a)(2) participant will be reimbursed after the through (a)(6) as paragraphs (a)(1) CCC reviews the claim and determines § 1487.1 What special definitions apply to through (a)(5); that it is complete. the TASC program? d. By redesignating paragraph (a)(8) as (2) All claims for reimbursement must * * * * * paragraph (a)(6); e. By revising newly redesignated be received no later than 90 calendar Eligible Organization—Any U.S. days following the expiration or organization, including, but not limited paragraph (a)(2); and f. By adding a new paragraph (a)(8). termination date of the program to, U.S. government agencies, State agreement. For program agreements government agencies, non-profit trade The revision and addition read as follows: which extend beyond twelve months, associations, universities, agricultural all claims for reimbursement must be cooperatives, and private companies. § 1487.6 How are proposals evaluated? received no later than 90 calendar days * * * * * (a) * * * following the next anniversary of the Participant—An entity which has (2) The potential trade impact of the effective date of the agreement. entered into a TASC agreement with the proposed project on market retention, (3) Participants shall maintain CCC. market access, and market expansion, complete records of all program * * * * * including the potential for expanding expenditures, identified by TASC ■ 3. Section 1487.5 is amended as commercial sales in the targeted market; agreement number, program year, follows: * * * * * country or region, activity number and a. By revising paragraphs (a) and (8) In cases where the CCC receives cost category. Such records shall be (b)(2)(ii); multiple proposals from different accompanied by original documentation

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which supports the expenditure and DEPARTMENT OF AGRICULTURE infectious salmon anemia, or any other shall be made available to the FAS upon communicable disease of livestock or request. Animal and Plant Health Inspection poultry that, in the opinion of the Service (4) Participants shall maintain all Secretary of Agriculture, constitutes an emergency and threatens the U.S. records and documents relating to TASC 9 CFR Part 53 livestock or poultry population. projects, including the original [Docket No. 02–048–2] Payment for animals destroyed is to be documentation which supports based on the fair market value of the reimbursement claims, for a period of RIN 0579–AB46 animals. three calendar years following the expiration or termination date of the Low Pathogenic Avian Influenza; Payment of Indemnity program agreement. Such records and Payment of Indemnity Section 53.2 of the regulations authorizes the APHIS Administrator to documents will be subject to AGENCY: Animal and Plant Health verification by the FAS Compliance Inspection Service, USDA. cooperate with a State in the control and Review Staff and shall be made eradication of disease. In an interim rule ACTION: Final rule. available upon request to authorized published in the Federal Register on officials of the U.S. Government. The SUMMARY: We are adopting as a final November 4, 2002, and made effective FAS may deny a claim for rule, with several changes, an interim December 9, 2002 (67 FR 67089–67096, reimbursement if the claim is not rule that amended our general Docket No. 02–048–1), we amended the supported by acceptable documentation. indemnity regulations by allowing the regulations to allow the Department to Department to pay indemnity to pay indemnity to contract growers and (5) In the event that a reimbursement owners for poultry destroyed because of claim is overpaid or is disallowed after contract growers and owners for poultry destroyed because of low pathogenic low pathogenic avian influenza (LPAI) payment already has been made, the avian influenza associated with a associated with a disease situation in participant shall return the overpayment disease situation in Virginia. As Virginia. We provided that, subject to amount or the disallowed amount to the amended by this document, payments available funding, the Department may CCC within 30 days after realizing the may also be made for poultry destroyed pay all eligible losses of contract overpayment or receiving notification of because of low pathogenic avian growers and up to 50 percent of eligible the overpayment or disallowed amount. influenza associated with a disease losses of owners, minus any amount (b) Advances. Participants may situation in Texas. Also, subject to paid to the contract grower of a flock. request advances of funds, not to exceed available funding, the Department may Additionally, we provided that value of poultry destroyed due to the disease 85 percent of the funding approved in pay up to 75 percent of eligible total may be determined after destruction and any given program year. All advanced losses with contract growers being disposal of the poultry, and required, funds must be either fully expended or compensated at 100 percent of their losses and the remaining amount being except in limited situations, a waiting the balance returned by check made period of 7 days following cleaning and payable to the CCC no later than the paid to the owner of the flock. Additionally, this document makes disinfection before premises that 90th calendar day following the date of contained poultry affected by the disbursement of the advance to the eligible for compensation losses due to eggs and semen that were destroyed disease may be restocked. participant. Upon the expenditure of We solicited comments concerning because of low pathogenic avian advance funds, participants must the interim rule for 30 days ending influenza associated with the disease submit reimbursement claims to offset December 4, 2002. We received 41 situations in Virginia and Texas. These the advance charged to them. comments by that date. They were from actions are necessary to provide poultry and egg producers, poultry (c) Interest. Participants shall deposit appropriate compensation for losses federations, a farm bureau federation, a and maintain advanced funds in incurred due to this disease. State Department of Agriculture, Federal insured, interest-bearing accounts. EFFECTIVE DATE: July 18, 2003. Interest earned on outstanding advances and State congressional officials, and FOR FURTHER INFORMATION CONTACT: Dr. other members of the public. We have must be returned by check made Cheryl Hall, Staff Veterinarian, National carefully considered all of the payable to the CCC at the time the Center for Animal Health Programs, comments we received. They are advance is either fully expended or Certification and Control Team, VS, discussed below by topic. itself returned. APHIS, 4700 River Road Unit 46, Recommendation That Indemnity Be Dated: July 11, 2003. Riverdale, MD 20737–1231; (301) 734– Paid for a Disease Situation in Texas A. Ellen Terpstra, 4924. SUPPLEMENTARY INFORMATION: In April 2002, birds in a poultry Administrator, Foreign Agricultural Service, operation in Texas were identified as and Vice President, Commodity Credit Background Corporation. being affected with the LPAI H5 virus. The Animal and Plant Health The disease was subsequently identified [FR Doc. 03–18266 Filed 7–17–03; 8:45 am] Inspection Service (APHIS) of the in another poultry operation in Texas. BILLING CODE 3410–10–P United States Department of Agriculture All of the affected flocks were (the Department) administers depopulated. A number of commenters regulations at 9 CFR part 53 (referred to recommended that indemnity be paid to below as the regulations) that provide producers of poultry in Texas for losses for the payment of indemnity to owners incurred from the occurrence of LPAI in of animals and materials that are that State. Some of the commenters required to be destroyed because of foot- stated that the disease situation in Texas and-mouth disease, pleuropneumonia, was not as widespread as in Virginia rinderpest, exotic Newcastle disease, only because Texas producers had been highly pathogenic avian influenza, voluntarily taking part in a testing

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program, and that those producers collected from or used in affected flocks flock was diagnosed positive for LPAI, should not be denied indemnity for poses a risk of transmitting the LPAI because, following that date, hatching losses simply because they took part in virus and should be destroyed as part of eggs produced by the flock could not be an effective program. The commenters the eradication process. Therefore, we moved from the premises. One stated that not compensating Texas are providing in this final rule that commenter requested that, at the producers would serve as a disincentive compensation will be paid for eggs, as minimum, the value of a breeding bird to take part in ongoing surveillance well as any poultry semen, destroyed be calculated as of the last full week of programs in the future. because of LPAI associated with the age of the bird before depopulation. For We recognize the proactive efforts of disease situations in Virginia and Texas. instance, it was requested that, if a flock producers and animal health officials in Miscellaneous Items was 44 weeks and 5 days old when Texas to contain and eradicate LPAI depopulated, we consider the age of that when it occurred in that State in 2002, One commenter expressed concern flock to be only 44 weeks. One and we recognize the effects on that the interim rule did not provide for commenter recommended that the per- producers of the LPAI situation in payment for certain items other than bird value in the LPAI compensation Texas. In this final rule, we are poultry on affected premises. The plan be prorated to the day of the bird’s amending the provisions in part 53 to commenter requested indemnity for age. allow the Administrator to pay claims feed and containers destroyed on We are making no changes based on for eligible losses incurred by owners affected premises. Additionally, the the comments. We decided to be and contract growers related to the 2002 commenter requested compensation for consistent with the method used to disease situation in Texas associated custom-printed supplies that would not determine age, whether the birds were with the H5 virus. We will apply those be used again because the destruction of meat birds or breeding birds. We payment conditions that we are birds and eggs would make it rounded up or down in standard fashion applying to the disease situation in impossible to resume business according to how old in days beyond a Virginia to the disease situation in operations. Other commenters requested full week a bird was (e.g., a bird 1 week compensation for feed used to sustain Texas. and 2 days old will be considered 1 poultry from the time the disease was week old; a bird 1 week and 5 days old Flock Owners in North Carolina diagnosed on a premises until the time will be considered 2 weeks old). of depopulation and for poultry litter Several commenters requested Although meat birds and replacement that could not be sold and moved from similarly that compensation be paid to breeders gain in value as they age, producers in North Carolina for losses a quarantined premises. We are making no changes based on breeder birds lose value as they age. An due to LPAI. attempt to consider birds in all cases to Our interim rule provided that the the comments. Under the interim rule, growers were compensated fully for be only as old as the last full week Department would pay compensation would have provided overcompensation for birds in States other than Virginia if production losses and owners were compensated in part for poultry to some owners and undercompensation those birds were depopulated because of to others. Calculation of compensation being epidemiologically linked to the destroyed because of LPAI. With regard to feed and other materials destroyed, it of a large number of birds based on days situation in Virginia. Compensation has of age would delay payments and been paid for flocks in North Carolina has historically not been the Department’s policy to compensate for increase taxpayer expense to process the epidemiologically linked to the claims, and, on the average, using daily situation in Virginia. such materials that were not required to be destroyed by the Department, such as values would not change the overall Percentage of Value Used for in the Virginia and Texas outbreaks, payment made. Compensation where actions to control and eradicate Several commenters stated that, Several commenters requested that the disease were initiated by the States. practically speaking, the LPAI poultry owners be compensated at a rate Any decision to no longer use supplies compensation plan bases payments to higher than 50 percent of the value of that were not contaminated by the contract growers of breeder poultry on poultry destroyed minus the amount disease was a voluntary business production records from one flock, paid to contract growers. decision by the entity involved. The whereas payments to growers of meat In this final rule, we are providing issue of compensating for feed used to birds are based on an average of three that, subject to available funding, the sustain poultry is further inapplicable to seven flocks. The commenters Department may pay up to 75 percent of because, for those poultry that were requested that a three-flock average be eligible total losses with contract allowed to move to slaughtering used to determine compensation for growers being compensated at 100 establishments (controlled slaughter), losses of breeder poultry. percent of their eligible losses and the owners recouped the cost of feed for the We would find it acceptable to use a remaining amount being paid to the poultry. In cases where affected poultry three-flock average for breeder birds. If owner of the flock. did not go to controlled slaughter, the companies provide APHIS with breeder poultry were required to be destroyed data for the past three flocks, then all Payment for Eggs and Semen within 24 hours of diagnosis. Litter in three flocks can be used in estimating Several commenters requested that the affected area was permitted to be flock productivity. compensation be paid for destroyed eggs moved from the area after meeting One commenter recommended that, from affected premises, including requirements to ensure that it was not in calculating a broiler breeder destroyed hatching eggs that had been contaminated by the LPAI agent. producer’s projected flock income for moved to a hatchery after the disease the purposes of compensation, the was detected on the premises but before The LPAI Compensation Plan previous three-flock income average be the poultry from that premises were The interim rule based payments on divided by the capitalized number of destroyed. the age (in weeks) of birds destroyed. hens, and that the resulting payment per We agree with the commenters that Several commenters requested that the unit be multiplied by the capitalized such losses should be eligible for indemnification value of breeder flocks number of hens in the LPAI-affected compensation. Additionally, semen be calculated as of the date that the flock.

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We would find the method described grower did not adhere to the cleaning Opposition to the Interim Rule by the commenter an acceptable method and disinfection requirements of the One commenter opposed the payment of calculating projected flock income, interim rule due to cessation of of indemnity under the interim rule, provided documentation is provided to business, the poultry owner should stating that losses due to disease are support the numbers provided. nonetheless be compensated the total normal costs of doing business for any One commenter asked whether any amount the owner is eligible to receive. livestock industry. payment would be due a producer of In such a case, the owner would We are making no changes based on broiler breeder birds if the age of the receive compensation for the total this comment. In the event of a LPAI-affected flock was older than the eligible losses. However, based on the potentially serious disease situation, it average age of previous flocks. information available to us, all growers is important to have a rapid, It is not clear to us what the have chosen to clean and disinfect coordinated response by the public and commenter means. Payment will be affected premises. private sectors in the early stages of the calculated for contract growers based on Requests for Additional Compensation situation. The purpose of compensation the amount they received for previous is to remove possible sources of delay in flocks. Contract growers will be Several commenters requested that eradicating the disease, such as grower compensated at 100 percent of their compensation be paid for income and and owner reluctance to report eligible losses, minus any compensation production losses associated with incidences of the diseases because of they already received from the owner. delays in restocking a premises or uncertainty about whether they will be One possible but unlikely scenario the neighboring premises after an LPAI test- compensated for losses. commenter may be referring to would be positive flock had been depopulated Therefore, for the reasons given in the based on the fact that producers of and disposed of. interim rule and in this document, we breeding eggs often receive payment We are making no changes based on are adopting the interim rule as a final during the production cycle. Thus, it is the comments. It has traditionally been rule, with the changes discussed in this possible, if the depopulated flock had the policy of the Department not to pay document. much greater productivity and lasted in for ‘‘downtime.’’ This final rule also affirms the production longer than previous flocks, Several commenters requested that information contained in the interim for the payment already received from compensation be paid for the cost of rule concerning Executive Orders 12372 the owner to be greater than the average cleaning and disinfecting affected and 12988, and the Paperwork amount received from previous flocks. If premises. Reduction Act. such a situation occurred, then no additional compensation would be paid We are making no changes based on Paperwork Reduction Act the comments. We consider the amounts to the producer, because the producer In accordance with the Paperwork that will be paid in accordance with the would have already received payment Reduction Act of 1995 (44 U.S.C. 3501 interim rule, as amended by this final equal to previous flocks. et seq.), the information collection or rule, to be equitable compensation for Several commenters stated that, under recordkeeping requirements included in losses incurred. the interim rule, compensation would this rule are under review by the Office not be paid for male birds in broiler Several commenters requested that of Management and Budget under OMB breeder flocks associated with the compensation be paid for reduced control number 0579–0208. Virginia disease situation. The income to producers whose flocks tested commenters requested that payment be negative, but who, as a precautionary Government Paperwork Elimination made for such male birds disposed of measure due to detection of the disease Act Compliance due to the disease. in premises in the area, sent the flocks The Animal and Plant Health The compensation plan for Virginia to slaughter earlier and at less value Inspection Service is committed to does take into account losses for male than they would have normally. compliance with the Government birds in broiler breeder flocks; however, We recognize that some producers Paperwork Elimination Act (GPEA), that may not be immediately apparent. whose flocks were not affected chose to which requires Government agencies in The per bird compensation value for send their birds to slaughter due to general to provide the public the option breeder broilers is shown in Table 1 of detection of the disease in the area. of submitting information or transacting that compensation plan. (The However, APHIS, by law, may business electronically to the maximum compensation plan can be accessed as compensate only for birds and materials extent possible. For information an appendix to the full economic destroyed because they are considered pertinent to GPEA compliance related to analysis of the interim rule at http:// to be infected with or exposed to the this proposed rule, please contact Mrs. www.aphis.usda.gov/ppd/rad/ disease. Celeste Sickles, APHIS’ Information avianecon.html.) An explanation of how Payment for Poultry Linked to the Collection Coordinator, at (301) 734— to apply that value is set out in the Situation 7477. compensation plan under the heading Effective Date ‘‘Female Breeder Birds (in lay), Table One commenter requested Egg Birds (in lay).’’ See section XXVI, confirmation that compensation would Pursuant to the administrative which states, ‘‘Per bird compensation be paid for losses incurred from the procedure provisions in 5 U.S.C. 553, values for broiler breeders include the destruction of poultry in States other we find good cause for making this rule cost of males, thus bird count should be than Virginia that were effective less than 30 days after of hens only.’’ In other words, the value epidemiologically linked to the Virginia publication in the Federal Register. The given the hens takes into account the situation. interim rule adopted as final by this rule value of male birds in the flock. The commenter is correct in was effective on December 9, 2002. This concluding that compensation will be rule expands and increases the Growers Who Cease Business paid for poultry in States other than compensation to be paid for losses One poultry owner stated that, in Virginia that were destroyed because of associated with an LPAI situation in cases where a contract grower is ruled an epidemiological link to the situation Virginia and allows compensation to be ineligible for payment because the in Virginia. paid for losses associated with an LPAI

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situation in Texas. Immediate action is with contract growers being million going to growers, based on the warranted to expedite compensation of compensated at 100 percent of their assumption that compensation would be persons who incurred eligible losses eligible losses and the remaining paid for 4.7 million birds depopulated. due to the disease situations. amount being paid to the owner of the Fewer birds (3.7 million) were actually flock. However, total payments may not Executive Order 12866 and Regulatory depopulated and eligible for Flexibility Act exceed 75 percent of all eligible costs. compensation than had originally been Additionally, this document makes predicted. Additionally, although the This rule has been reviewed under eligible for compensation those losses interim rule provided that total Federal Executive Order 12866. The rule has incurred because of eggs and semen that payments would be reduced by any been determined to be significant for the were destroyed because of low amounts paid by slaughtering purposes of Executive Order 12866 and, pathogenic avian influenza associated establishments for birds sent to therefore, has been reviewed by the with the disease situations in Virginia slaughter, the original compensation Office of Management and Budget. and Texas. These actions are necessary estimate did not assume that any such Below is the economic analysis of the to provide appropriate compensation for payments would occur. However, changes in indemnity contained in this losses incurred due to this disease. approximately $9 million was realized document with regard to LPAI in The interim rule provided for by the companies at controlled Virginia and Texas. Our November 4, slaughter. Consequently, eligible losses 2002, interim rule included a summary compensation of all eligible losses of contract growers and eligible losses of were reduced by this amount and this of an initial regulatory flexibility reduction is reflected in the final rule. analysis and cost-benefit analysis of the owners related to the LPAI situation in potential economic effects of the interim Virginia, up to 50 percent of the value The numbers in Table 1, below, rule regarding the LPAI situation in of affected poultry. However, the reflect more up-to-date and accurate Virginia. The full economic analysis for interim rule, as does this final rule, information on numbers of birds the interim rule, along with addendum provided that payments to owners depopulated and average payout per for this final rule (the compensation would be net payments after payments bird. Total payments due to the disease plan for Texas), are available for review to growers were subtracted. Changes in situation in Virginia are expected to be at http://www.aphis.usda.gov/ppd/rad/ this final rule will have the effect of close to $52.4 million—which includes avianecon.html. This final economic more fully compensating poultry compensation for destroyed eggs ($1.6 analysis affirms the information owners for losses associated with the million) and disposal costs ($7.7 contained in the economic analysis for LPAI situations in Virginia and Texas. million)—with approximately $47.8 the interim rule, with the changes Disease Situation in Virginia million of the total going to owners and discussed below. approximately $4.6 million going to As amended by this document, The economic analysis accompanying growers. This information was current subject to available funding, the the interim rule estimated a total of as of January 28, 2003. No substantial Department may pay up to 75 percent of $50.99 million in compensation due to changes were expected after this date, eligible total losses associated with the LPAI situation in Virginia, with although a few small claims could still LPAI outbreaks in Virginia and Texas, $37.1 million going to owners and $13.9 be presented for payment.

TABLE 1.—DISEASE SITUATION RELATED TO VIRGINIA

Average per bird Number Number of compensation of birds birds sent to value (based Total depopulated controlled on average compensation slaughter payout values to date)**

Chicken broilers (meat birds) ...... 586,363 210,000 $1.12 $656,727 Chicken broiler breeders ...... 533,715 0 12.00 6,404,580 Table egg layers ...... 83,600 0 4.61 385,396 Turkey breeders* ...... 171,990 140,300 58.70 22,836,456 Turkey meat birds ...... 2,328,321 625,680 5.50 12,805,766 Total birds ...... 3,703,989 975,980 ...... 43,088,924 Eggs destroyed ...... 1,634,372 Disposal ...... 7,656,597 Total ...... 52,379,893 *The only birds sent to controlled slaughter for which compensation was paid were turkey breeders. For breeder birds, USDA pays the difference between slaughter price and estimated bird value. Compensation is not paid for turkey or chicken meat birds sent to controlled slaughter. ** Dollar amounts are based on a 75 percent compensation rate.

Under the final rule, growers continue First, fewer grower farms were eligible especially the more valuable turkey to be compensated for 100 percent of for compensation. A significant number breeders, tend to be raised on company their losses. However, the total dollar of meat birds went to controlled farms. Only 20 percent of turkey amount expected to be paid to growers slaughter, plus fewer farms had contract breeders were raised on grower farms. is less than had originally been growers than were initially assumed. In Second, the average actual per-bird anticipated. A number of factors are the original analysis, we assumed that payout to growers was less than responsible for the lower total payment every farm had a contract grower, but, estimated. Actual per-bird payout to to growers. in reality, this assumption holds true growers depends on the age of the flock only for meat flocks. Breeder flocks,

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in weeks and also historical payout commercial broiler breeders for costs at a 75 percent rate, payments for records. subsequent sale to urban live bird this operation will total approximately Third, a few contract growers refused, markets. Birds owned by two poultry $443,000. From the operation with the for religious reasons, to accept payments owners from the second operation were spent birds, the first party had 5,770 from the Federal Government. depopulated. Therefore, a total of three birds depopulated. The second party owners were directly affected in the Disease Situation in Texas had 1,429 birds depopulated. Neither Texas situation. party incurred disposal costs. Total The LPAI situation in Texas differed As shown in Table 2, below, 238,838 compensation for the spent bird from that in Virginia. Only two birds were destroyed from the table egg operation will be approximately operations were affected in Texas. One operation. Using a compensation rate of $10,800. Total compensation due to the was a single-site table egg producer; the 75 percent, compensation for those LPAI situation in Texas will be other was a collection site for spent birds will total close to $430,000. With approximately $453,800. breeding hens obtained from the addition of payment for disposal

TABLE 2.—DISEASE SITUATION IN TEXAS

Number of Average Number birds sent to per bird Total of birds controlled compensation compensation depopulated slaughter value*

First Operation: Table egg layers ...... 238,838 0 $1.80 $429,658 Disposal ...... 13,365 Second Operation: First party (Spent birds) ...... 5,770 0 1.50 8,665 Second party (Spent birds) ...... 1,429 0 1.50 2,144 Total ...... 453,822 *Dollar amounts are based on a 75 percent compensation rate.

Regulatory Flexibility Analysis— is a small entity. In any case, all three rendering, processing, or any other Potential Effect on Small Entities parties will benefit from the purpose approved by the Administrator. To the extent that the interim and compensation payments provided by In the case of poultry depopulated final rules contribute to the elimination this rule. because of low pathogenic avian influenza related to the 2002 disease of LPAI in Virginia and Texas, all List of Subjects in 9 CFR Part 53 affected entities should benefit over the situations in Virginia and Texas Animal diseases, Indemnity long term. In the short term, however, associated with the H5 or H7 virus, the economic effects will vary. payments, Livestock, Poultry and poultry may be slaughtered and sold. In Virginia, five or six poultry poultry products. The proceeds gained from the sale of the companies/integrators who owned the ■ Accordingly, the interim rule fish or poultry will be subtracted from affected poultry and 197 contract grower amending 9 CFR part 53 that was any payment from APHIS for which the farm/flocks in the Shenandoah Valley of published at 67 FR 67089–67096 on producer or owner is eligible under Virginia will be affected by the November 4, 2002, is adopted as a final § 53.2(b) or § 53.11. November 2002 interim rule and this rule with the following changes: (b) In the case of low pathogenic avian final rule. Three contract grower influenza related to the 2002 disease operations outside the Shenandoah PART 53—FOOT–AND–MOUTH situations in Virginia and Texas Valley will also be affected. In addition, DISEASE, PLEUROPNEUMONIA, associated with the H5 or H7 virus, the other entities not yet identified may be RINDERPEST, AND CERTAIN OTHER value of poultry depopulated because of directly or indirectly affected by the COMMUNICABLE DISEASES OF the disease may be calculated following disease event and/or the final rule. The LIVESTOCK OR POULTRY destruction and disposal of the poultry, based on the number, type, and age of poultry companies/integrators that own ■ 1. The authority citation for part 53 the animals destroyed. the birds are all large, vertically continues to read as follows: integrated concerns that do not meet the * * * * * Small Business Administration (SBA) Authority: 7 U.S.C. 8301–8317; 7 CFR 2.22, ■ 2.80, and 371.4. 3. Section 53.7 is revised to read as small-entity criteria. It is unclear at this follows: time exactly how many contract growers ■ 2. In § 53.4, paragraphs (a) and (b) are will qualify for consideration as small revised to read as follows: § 53.7 Disinfection of premises, entities. The SBA defines small poultry conveyances, and materials. operations as those earning gross per- § 53.4 Destruction of animals. All premises, including barns, corrals, farm receipts of no more than $750,000 (a) Except as provided in paragraph stockyards and pens, and all cars, annually.1 (b) of this section, animals infected with vessels, aircraft, and other conveyances, In Texas, the two owners of spent or exposed to disease shall be killed and the materials thereon, shall be birds are most likely small entities. It is promptly after appraisal and disposed of cleaned and disinfected under unclear whether the table egg producer by burial or burning, unless otherwise supervision of an APHIS employee specifically provided by the whenever necessary for the control and 1 Small Business Administration, http:// Administrator, at his or her discretion. eradication of disease. Expenses www.SBA.gov/size. This includes small broiler In the case of animals depopulated due incurred in connection with such operations (112320), small turkey operations (112330), small hatchery operations (112340), and to infectious salmon anemia, cleaning and disinfection shall be other small poultry operations (112390). salvageable fish may be sold for shared according to the agreement

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reached under § 53.2 with the State in Done in Washington, DC, this 14th day of your comments. Comments on which the work is done. In the case of July, 2003. rulemakings submitted in writing or in low pathogenic avian influenza related Bill Hawks, electronic form will be made available to the 2002 disease situations in Under Secretary for Marketing and Regulatory to the public, in their entirety, on the Virginia and Texas associated with the Programs. NRC rulemaking website. Personal H5 or H7 virus, premises may not be [FR Doc. 03–18253 Filed 7–17–03; 8:45 am] information will not be removed from restocked with poultry until at least 7 BILLING CODE 3410–34–P your comments. days following such cleaning and Mail comments to: Secretary, U.S. disinfection, unless the Administrator Nuclear Regulatory Commission, determines that a shorter or longer NUCLEAR REGULATORY Washington, DC 20555–0001, ATTN: period of time is adequate or necessary COMMISSION Rulemakings and Adjudications Staff. to protect new poultry against infection. E-mail comments to: [email protected]. If ■ 4. In § 53.8, paragraphs (b) and (c) are 10 CFR Part 72 you do not receive a reply e-mail revised to read as follows: confirming that we have received your RIN 3150–AH20 comments, contact us directly at (301) § 53.8 Presentation of claims. 415–1966. You may also submit List of Approved Spent Fuel Storage comments via the NRC’s rulemaking * * * * * Casks: NAC–MPC Revision (b) In the case of claims made under website at http://ruleforum.llnl.gov. § 53.11, claims for compensation for AGENCY: Nuclear Regulatory Address questions about our rulemaking losses from poultry, eggs, and poultry Commission. website to Carol Gallagher (301) 415– 5905; email [email protected]. semen destroyed or to be destroyed ACTION: Direct final rule. must be presented to APHIS, through Hand deliver comments to: 11555 the inspector in charge, on a form SUMMARY: The Nuclear Regulatory Rockville Pike, Rockville, Maryland approved by the Administrator. The Commission (NRC) is amending its 20852, between 7:30 am and 4:15 pm claim must specify the number, type, regulations revising the NAC Federal workdays (telephone (301) 415– and age of the poultry; the number and International, Inc., Multipurpose 1966). Fax comments to: Secretary, U.S. type of eggs; and the type and amount Canister cask system listing within the Nuclear Regulatory Commission at (301) of semen, as applicable. ‘‘List of Approved Spent Fuel Storage 415–1101. (c) To be considered by the Casks’’ to include Amendment No. 3 to Publicly available documents related Department, claims made under § 53.11 Certificate of Compliance (CoC) Number to this rulemaking may be examined must be submitted to APHIS within 90 1025. This amendment incorporates and copied for a fee at the NRC’s Public days after December 9, 2002, or the changes in support of the Yankee Document Room (PDR), Public File Area destruction of poultry, whichever is Nuclear Power Station (Yankee Rowe) O1F21, One White Flint North, 11555 later, except that claims made for eggs fuel loading campaign and makes Rockville Pike, Rockville, Maryland. or poultry semen, and claims made for corrections to the Connecticut Yankee Selected documents, including other eligible losses associated with the technical specifications. Specifically, comments, can be viewed and disease situation in Texas, must be the amendment incorporates fuel downloaded electronically via the NRC submitted to APHIS within 90 days after enrichment tolerances; incorporates fuel rulemaking website at http:// July 18, 2003 or the destruction of the assemblies with up to 20 damaged fuel rods, recaged assemblies, the Yankee ruleforum.llnl.gov. eggs, semen, or poultry, whichever is Publicly available documents created Rowe damaged fuel can, and assembly later. or received at the NRC after November weights up to 432 kilograms (kg) [950 * * * * * 1, 1999, are available electronically at pounds (lb)]; revises the average surface ■ 5. Section 53.11 is amended by the NRC’s Electronic Reading Room at dose rate limits for the concrete cask; revising the introductory text and http://www.nrc.gov/NRC/ADAMS/ incorporates administrative changes in paragraph (b) to read as follows: index.html. From this site, the public the American Society of Mechanical can gain entry into the NRC’s § 53.11 Payments arising from low Engineers (ASME) Code Alternatives; Agencywide Document Access and pathogenic avian influenza; conditions for corrects the Connecticut Yankee tables Management System (ADAMS), which payment. for fuel assembly limits and intact fuel provides text and image files of NRC’s assembly characteristics; and In the case of low pathogenic avian public documents. If you do not have incorporates editorial and influenza related to the 2002 disease access to ADAMS or if there are administrative changes in the CoC. situations in Virginia and Texas problems in accessing the documents associated with the H5 or H7 virus, the DATES: The final rule is effective located in ADAMS, contact the NRC Administrator may pay claims, subject October 1, 2003, unless significant Public Document Room (PDR) Reference to available funding, as follows: adverse comments are received by staff at 1–800–397–4209, 301–415–4737 * * * * * August 18, 2003. A significant adverse or by e-mail to [email protected]. An (b) For owners. The Administrator, in comment is a comment where the electronic copy of the proposed CoC and accordance with § 53.4, may pay an commenter explains why the rule would Technical Specifications (TS) and the owner up to 75 percent of the value of be inappropriate, including challenges preliminary safety evaluation report the poultry, eggs, and semen destroyed to the rule’s underlying premise or (SER) can be found under ADAMS plus 75 percent of the costs of approach, or would be ineffective or Accession Nos. ML031330790, destruction and disposal of the poultry, unacceptable without a change. If the ML031340571, and ML031330792, eggs, and semen, in accordance with the rule is withdrawn, timely notice will be respectively. LPAI compensation plan, minus the published in the Federal Register. CoC No. 1025, the revised TS, the amount paid in accordance with ADDRESSES: You may submit comments underlying SER for Amendment No. 3, paragraph (a) of this section to the by any one of the following methods. and the Environmental Assessment, are contract grower of the poultry. Please include the following number available for inspection at the NRC * * * * * (RIN 3150–AH20) in the subject line of Public Document Room, 11555

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Rockville Pike, Rockville, MD. Single amend CoC No. 1025 to incorporate amendments published elsewhere in copies of these documents may be changes in support of the Yankee this issue of the Federal Register. A obtained from Jayne M. McCausland, Nuclear Power Station (Yankee Rowe) significant adverse comment is a Office of Nuclear Material Safety and fuel loading campaign and make comment where the commenter Safeguards, U.S. Nuclear Regulatory corrections to the Connecticut Yankee explains why the rule would be Commission, Washington, DC 20555– TS. The amendment specifically inappropriate, including challenges to 0001, telephone (301) 415–6219, email incorporates fuel enrichment tolerances, the rule’s underlying premise or [email protected]. 432-kg (950-lb) fuel assemblies, approach, or would be ineffective or FOR FURTHER INFORMATION CONTACT: damaged fuel, damaged fuel cans, and unacceptable without a change. A Jayne M. McCausland, telephone (301) recaged fuel for Yankee Rowe. For comment is adverse and significant if: 415–6219, e-mail [email protected], of the Connecticut Yankee, the amendment (1) The comment opposes the rule and Office of Nuclear Material Safety and corrects the tables for fuel assembly provides a reason sufficient to require a Safeguards, U.S. Nuclear Regulatory limits and intact fuel assembly substantive response in a notice-and- Commission, Washington, DC 20555– characteristics. The amendment also comment process. For example, in a 0001. incorporates editorial and substantive response: administrative changes in the CoC. (a) The comment causes the NRC staff SUPPLEMENTARY INFORMATION: No other changes to the NAC–MPC to reevaluate (or reconsider) its position Background cask system design were requested in or conduct additional analysis; this application. The NRC staff (b) The comment raises an issue Section 218(a) of the Nuclear Waste performed a detailed safety evaluation serious enough to warrant a substantive Policy Act of 1982, as amended of the proposed CoC amendment request response to clarify or complete the (NWPA), requires that ‘‘[t]he Secretary and found that an acceptable safety record; or (of the Department of Energy (DOE)) margin is maintained. In addition, the (c) The comment raises a relevant shall establish a demonstration program, NRC staff has determined that there is issue that was not previously addressed in cooperation with the private sector, still reasonable assurance that public or considered by the NRC staff. for the dry storage of spent nuclear fuel health and safety and the environment (2) The comment proposes a change at civilian nuclear power reactor sites, will be adequately protected. or an addition to the rule, and it is with the objective of establishing one or This direct final rule revises the apparent that the rule would be more technologies that the (Nuclear NAC–MPC cask design listing in ineffective or unacceptable without Regulatory) Commission may, by rule, § 72.214 by adding Amendment No. 3 to incorporation of the change or addition. approve for use at the sites of civilian CoC No. 1025. The amended TS are (3) The comment causes the NRC staff nuclear power reactors without, to the identified in the NRC staff’s SER for to make a change (other than editorial) maximum extent practicable, the need Amendment No. 3. to the CoC or TS. for additional site-specific approvals by The amended NAC–MPC cask system, These comments will be addressed in the Commission.’’ Section 133 of the when used in accordance with the a subsequent final rule. The NRC will NWPA states, in part, that ‘‘[t]he conditions specified in the CoC, the TS, not initiate a second comment period on Commission shall, by rule, establish and NRC regulations, will meet the this action. However, if the NRC procedures for the licensing of any requirements of part 72; thus, adequate receives significant adverse comments technology approved by the protection of public health and safety by August 18, 2003, then the NRC will Commission under Section 218(a) for will continue to be ensured. publish a document that withdraws this use at the site of any civilian nuclear action and will address the comments power reactor.’’ Discussion of Amendments by Section received in response to the proposed To implement this mandate, the NRC Section 72.214 List of Approved Spent amendments published elsewhere in approved dry storage of spent nuclear this issue of the Federal Register. fuel in NRC-approved casks under a Fuel Storage Casks general license by publishing a final Certificate No. 1025 is revised by Voluntary Consensus Standards rule in 10 CFR part 72 entitled, ‘‘General adding the effective date of Amendment The National Technology Transfer Act License for Storage of Spent Fuel at No. 3. of 1995 (Pub. L. 104–113) requires that Federal agencies use technical standards Power Reactor Sites’’ (55 FR 29181; July Procedural Background 18, 1990). This rule also established a that are developed or adopted by new subpart L within 10 CFR part 72, This rule is limited to the changes voluntary consensus standards bodies entitled ‘‘Approval of Spent Fuel contained in Amendment No. 3 to CoC unless the use of such a standard is Storage Casks’’ containing procedures No. 1025 and does not include other inconsistent with applicable law or and criteria for obtaining NRC approval aspects of the NAC–MPC cask system otherwise impractical. In this direct of spent fuel storage cask designs. The design. The NRC is using the ‘‘direct final rule, the NRC would revise the NRC subsequently issued a final rule on final rule procedure’’ to issue this NAC–MPC cask system design listed in March 9, 2000 (65 FR 12444), that amendment because it represents a § 72.214 (List of NRC-approved spent approved the NAC-Multipurpose limited and routine change to an fuel storage cask designs). This action Canister (NAC–MPC) cask design and existing CoC that is expected to be does not constitute the establishment of added it to the list of NRC-approved noncontroversial. Adequate protection a standard that establishes generally cask designs in § 72.214 as Certificate of of public health and safety continues to applicable requirements. Compliance Number (CoC No.) 1025. be ensured. The amendment to the rule will become effective on October 1, Agreement State Compatibility Discussion 2003. However, if the NRC receives Under the ‘‘Policy Statement on On April 18, 2002, and as significant adverse comments by August Adequacy and Compatibility of supplemented May 15, 2002, July 17, 18, 2003, then the NRC will publish a Agreement State Programs’’ approved by 2002, October 3, 2002, and January 17, document that withdraws this action the Commission on June 30, 1997, and 2003, NAC International, Inc. (NAC) and will address the comments received published in the Federal Register on submitted an application to the NRC to in response to the proposed September 3, 1997 (62 FR 46517), this

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rule is classified as Compatibility the CoC. The environmental assessment surface dose rate limits for the concrete Category ‘‘NRC.’’ Compatibility is not and finding of no significant impact on cask; incorporates administrative required for Category ‘‘NRC’’ which this determination is based are changes in the ASME Code Alternatives; regulations. The NRC program elements available for inspection at the NRC corrects the Connecticut Yankee tables in this category are those that relate Public Document Room, 11555 for fuel assembly limits and intact fuel directly to areas of regulation reserved Rockville Pike, Rockville, MD. Single assembly characteristics; and to the NRC by the Atomic Energy Act of copies of the environmental assessment incorporates editorial and 1954, as amended (AEA) or the and finding of no significant impact are administrative changes in the CoC. provisions of Title 10 of the Code of available from Jayne M. McCausland, The alternative to this action is to Federal Regulations. Although an Office of Nuclear Material Safety and withhold approval of this amended cask Agreement State may not adopt program Safeguards, U.S. Nuclear Regulatory system design and issue an exemption elements reserved to NRC, it may wish Commission, Washington, DC 20555– to each general license. This alternative to inform its licensees of certain 0001, telephone (301) 415–6219, email would cost both the NRC and the requirements via a mechanism that is [email protected]. utilities more time and money because consistent with the particular State’s each utility would have to pursue an Paperwork Reduction Act Statement administrative procedure laws, but does exemption. not confer regulatory authority on the This direct final rule does not contain Approval of the direct final rule will State. a new or amended information eliminate this problem and is consistent collection requirement subject to the with previous NRC actions. Further, the Plain Language Paperwork Reduction Act of 1995 (44 direct final rule will have no adverse The Presidential Memorandum dated U.S.C. 3501 et seq.). Existing effect on public health and safety. This June 1, 1998, entitled ‘‘Plain Language requirements were approved by the direct final rule has no significant in Government Writing,’’ directed that Office of Management and Budget, identifiable impact or benefit on other the Government’s writing be in plain Approval Number 3150–0132. Government agencies. Based on this language. The NRC requests comments Public Protection Notification discussion of the benefits and impacts on this direct final rule specifically with of the alternatives, the NRC concludes respect to the clarity and effectiveness The NRC may not conduct or sponsor, that the requirements of the direct final of the language used. Comments should and a person is not required to respond rule are commensurate with the NRC’s be sent to the address listed under the to, a request for information or an responsibilities for public health and heading ADDRESSES above. information collection requirement safety and the common defense and unless the requesting document security. No other available alternative Finding of No Significant displays a currently valid OMB control Environmental Impact: Availability is believed to be as satisfactory, and number. thus, this action is recommended. Under the National Environmental Policy Act of 1969, as amended, and the Regulatory Analysis Regulatory Flexibility Certification NRC regulations in subpart A of 10 CFR On July 18, 1990 (55 FR 29181), the In accordance with the Regulatory part 51, the NRC has determined that NRC issued an amendment to 10 CFR Flexibility Act of 1980 (5 U.S.C. 605(b)), this rule, if adopted, would not be a part 72 to provide for the storage of the NRC certifies that this rule will not, major Federal action significantly spent nuclear fuel under a general if issued, have a significant economic affecting the quality of the human license in cask designs approved by the impact on a substantial number of small environment and, therefore, an NRC. Any nuclear power reactor entities. This direct final rule affects environmental impact statement is not licensee can use NRC-approved cask only the licensing and operation of required. The rule would amend the designs to store spent nuclear fuel if it nuclear power plants, independent CoC for the NAC–MPC cask system notifies the NRC in advance, spent fuel spent fuel storage facilities, and NAC within the list of approved spent fuel is stored under the conditions specified International, Inc. The companies that storage casks that power reactor in the cask’s CoC, and the conditions of own these plants do not fall within the licensees can use to store spent fuel at the general license are met. A list of scope of the definition of ‘‘small reactor sites under a general license. NRC-approved cask designs is contained entities’’ set forth in the Regulatory The amendment will modify the present in § 72.214. On March 9, 2000 (65 FR Flexibility Act or the Small Business cask system design to incorporate 12444), the NRC issued an amendment Size Standards set out in regulations changes in support of the Yankee to part 72 that approved the NAC–MPC issued by the Small Business Nuclear Power Station (Yankee Rowe) cask design by adding it to the list of Administration at 13 CFR part 121. fuel loading campaign and make NRC-approved cask designs in § 72.214. corrections to the Connecticut Yankee On April 18, 2002, and as supplemented Backfit Analysis technical specifications. Specifically, May 15, 2002, July 17, 2002, October 3, The NRC has determined that the the amendment incorporates fuel 2002, and January 17, 2003, NAC backfit rule (10 CFR 50.109 or 10 CFR enrichment tolerances; incorporates fuel International, Inc., submitted an 72.62) does not apply to this direct final assemblies with up to 20 damaged fuel application to the NRC to amend CoC rule because this amendment does not rods, recaged assemblies, the Yankee No. 1025 to incorporate changes in involve any provisions that would Rowe damaged fuel can, and assembly support of the Yankee Rowe fuel impose backfits as defined. Therefore, a weights up to 432 kg (950 lb); revises loading campaign and make corrections backfit analysis is not required. the average surface dose rate limits for to the Connecticut Yankee TS. the concrete cask; incorporates Specifically, the amendment Small Business Regulatory Enforcement administrative changes in the ASME incorporates fuel enrichment tolerances; Fairness Act Code Alternatives; corrects the incorporates fuel assemblies with up to In accordance with the Small Connecticut Yankee tables for fuel 20 damaged fuel rods, recaged Business Regulatory Enforcement assembly limits and intact fuel assembly assemblies, the Yankee Rowe damaged Fairness Act of 1996, the NRC has characteristics; and incorporates fuel can, and assembly weights up to determined that this action is not a editorial and administrative changes to 432 kg (950 lb); revises the average major rule and has verified this

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determination with the Office of Initial Certificate Effective Date: April The incorporation by reference of Information and Regulatory Affairs, 10, 2000. Boeing Alert Service Bulletin 767– Office of Management and Budget. Amendment Number 1 Effective Date: 57A0066, Revision 3, including November 13, 2001. List of Subjects In 10 CFR Part 72 Appendices A and B, dated December Amendment Number 2 Effective Date: 19, 2001, is approved by the Director of Administrative practice and May 29, 2002. the Federal Register as of August 22, procedure, Criminal penalties, Amendment Number 3 Effective Date: 2003. Manpower training programs, Nuclear October 1, 2003. materials, Occupational safety and SAR Submitted by: NAC The incorporation by reference of health, Penalties, Radiation protection, International, Inc. Boeing Alert Service Bulletin 767– Reporting and recordkeeping SAR Title: Final Safety Analysis 57A0066, Revision 1, dated August 6, requirements, Security measures, Spent Report for the NAC-Multipurpose 1998, as listed in the regulations, was fuel, Whistleblowing. Canister System (NAC–MPC System). approved previously by the Director of ■ For the reasons set out in the preamble Docket Number: 72–1025. the Federal Register as of November 12, and under the authority of the Atomic Certificate Expiration Date: April 10, 1998 (63 FR 57577, October 28, 1998). Energy Act of 1954, as amended; the 2020. ADDRESSES: The service information Energy Reorganization Act of 1974, as Model Number: NAC–MPC. referenced in this AD may be obtained amended; and 5 U.S.C. 552 and 553; the * * * * * from Boeing Commercial Airplane NRC is adopting the following Group, P.O. Box 3707, Seattle, amendments to 10 CFR Part 72. For the Nuclear Regulatory Commission. Dated at Rockville, Maryland, this 7th day Washington 98124–2207. This PART 72—LICENSING of July, 2003. information may be examined at the REQUIREMENTS FOR THE William D. Travers, Federal Aviation Administration (FAA), INDEPENDENT STORAGE OFSPENT Executive Director for Operations. Transport Airplane Directorate, Rules NUCLEAR FUEL AND HIGH-LEVEL [FR Doc. 03–18260 Filed 7–17–03; 8:45 am] Docket, 1601 Lind Avenue, SW., RADIOACTIVE WASTE BILLING CODE 7590–01–P Renton, Washington; or at the Office of the Federal Register, 800 North Capitol ■ 1. The authority citation for Part 72 Street, NW., suite 700, Washington, DC. continues to read as follows: DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Authority: Secs. 51, 53, 57, 62, 63, 65, 69, Suzanne Masterson, Aerospace 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. Federal Aviation Administration 929, 930, 932, 933, 934, 935, 948, 953, 954, Engineer, Airframe Branch, ANM–120S, 955, as amended, sec. 234, 83 Stat. 444, as 14 CFR Part 39 FAA, Seattle Aircraft Certification amended (42 U.S.C. 2071, 2073, 2077, 2092, Office, 1601 Lind Avenue, SW., Renton, 2093, 2095, 2099, 2111, 2201, 2232, 2233, [Docket No. 2001–NM–395–AD; Amendment Washington 98055–4056; telephone 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. 39–13228; AD 2003–14–09] (425) 917–6441; fax (425) 917–6590. L. 86–373, 73 Stat. 688, as amended (42 RIN 2120–AA64 U.S.C. 2021); sec. 201, as amended, 202, 206, SUPPLEMENTARY INFORMATION: A 88 Stat. 1242, as amended, 1244, 1246 (42 Airworthiness Directives; Boeing proposal to amend part 39 of the Federal U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. Aviation Regulations (14 CFR part 39) 10, 92 Stat. 2951 as amended by Pub. L. 102– Model 767 Series Airplanes 486, sec. 7902, 106 Stat. 3123 (42 U.S.C. by superseding AD 98–22–12, 5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 AGENCY: Federal Aviation amendment 39–10859 (63 FR 57577, (42 U.S.C. 4332); secs. 131, 132, 133, 135, Administration, DOT. October 28, 1998), which is applicable 137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, ACTION: Final rule. to certain Boeing Model 767 series 2232, 2241, sec. 148, Pub. L. 100–203, 101 airplanes, was published in the Federal Stat. 1330–235 (42 U.S.C. 10151, 10152, SUMMARY: This amendment supersedes Register on January 3, 2003 (68 FR 324). 10153, 10155, 10157, 10161, 10168). an existing airworthiness directive (AD), Section 72.44(g) also issued under secs. The action proposed to continue to applicable to certain Boeing Model 767 require repetitive detailed inspections to 142(b) and 148(c), (d), Pub. L. 100–203, 101 series airplanes, that currently requires Stat. 1330–232, 1330–236 (42 U.S.C. detect cracked, corroded, or stained repetitive detailed inspections to detect 10162(b), 10168(c),(d)). Section 72.46 also collar fittings on both inboard trailing cracked, corroded, or stained collar issued under sec. 189, 68 Stat. 955 (42 U.S.C. edge flaps; and follow-on corrective fittings on both inboard trailing edge 2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 actions, if necessary. The new action flaps; and follow-on corrective actions, (42 U.S.C.10154). Section 72.96(d) also proposed to expand the applicability in issued under sec. 145(g), Pub. L. 100–203, if necessary. This amendment expands 101 Stat. 1330–235 (42 U.S.C. 10165(g)). the applicability in the existing AD, and the existing AD, and would add Subpart J also issued under secs. 2(2), 2(15), adds repetitive inspections for repetitive inspections for discrepancies 2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. discrepancies of the collar fittings, of the collar fittings, torque tube, and 2202, 2203, 2204, 2222, 2244 (42 U.S.C. splined bushings on both inboard 10101, 10137(a), 10161(h)). Subparts K and L torque tube, and splined bushings on both inboard trailing edge flaps; and trailing edge flaps; and follow-on and are also issued under sec. 133, 98 Stat. 2230 corrective actions, if necessary. (42 U.S.C. 10153) and sec. 218(a), 96 Stat. follow-on and corrective actions, if 2252 (42 U.S.C. 10198). necessary. The actions specified by this Comments AD are intended to prevent failure of the ■ 2. In § 72.214, Certificate of collar fittings, which could result in Interested persons have been afforded Compliance 1025 is revised to read as separation of the inboard trailing edge an opportunity to participate in the follows: flap and consequent reduced making of this amendment. Due § 72.214 List of approved spent fuel controllability of the airplane. This consideration has been given to the storage casks. action is intended to address the comments received. One commenter * * * * * identified unsafe condition. concurs with the contents of the Certificate Number: 1025. DATES: Effective August 22, 2003. proposed AD.

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Request Credit for Previously inspection specified is the spline or the cost impact. The commenter also states Accomplished Inspections collar fitting inspection. The commenter that there is no cost specified for the One commenter asks for credit for adds that if the inspection is the spline spline rework or replacement. accomplishment of the inspections inspection, it will cause an undue We agree that access to the area under required by paragraphs (c) and (f) of the burden on the operator because 22 the inboard trailing edge flaps is not a airplanes will be required to have their proposed AD before the effective date of task normally accomplished during flaps removed within 90 days. the AD. The commenter states that the routine maintenance, as the flaps are The same commenter recommends information specified in paragraph (f) never removed during such that paragraph (f) be removed from the maintenance, so the work hours provides instructions for operators that proposed AD because it appears to be have done paragraph (c) for an initial required for access and close up should applicable to any airplane on which be added. We have changed the work inspection and follow-on actions if the paragraph (c) of the proposed AD has corrosion inhibiting compound (CIC) hours for the spline inspection specified not been previously complied with, and in the Cost Impact section in this final Titanine JC5A has been used, or if the paragraph (c) requires the spline type of CIC that was used is unknown. rule from 2 to 127 work hours (we inspection. The commenter adds that, estimate an additional 125 work hours). The commenter states that there are no until the spline inspection is done, the guidelines for inspection of airplanes on We also have reduced the number of 120-day collar fitting inspections are airplanes specified in this section as it which BMS 3–27 CIC was used. The being done and any discrepancies will commenter adds that airplanes on has changed since issuance of the be found before failure occurs. proposed AD. We do not agree that the which the inspections were done in We agree that paragraph (f) of the accordance with Part 3 of the referenced work hours for the spline rework or proposed AD needs clarification; replacement should be added to the service bulletin should meet the however, we do not agree that it should inspection requirements, provided that final rule as this is an on-condition be removed. We have rewritten action that would be done only if BMS 3–27 CIC was used and the paragraph (f) of the final rule for clarity repetitive inspections are being done in discrepancies are found. No change to and defined the type of inspection the final rule is necessary in this regard. lieu of the terminating action. required. Revision 2 of the service We agree with the commenter for the bulletin is ‘‘singled out’’ because it Request for Editorial Changes reasons provided. We have added a new recommended using CIC Titanine JC5A, paragraph (g) to this final rule (and One commenter asks for the following which does not provide adequate editorial changes to the proposed AD: reordered subsequent paragraphs corrosion protection for the joints • Change the service bulletin accordingly) to give credit for the specified, and Revision 3 recommends reference in paragraph (a)(3) of the inspections required by paragraphs (c) refinishing those joints with CIC BMS proposed AD from ‘‘Part 4’’ to ‘‘Figure and (f) of the final rule done before the 3–27 or BMS 3–38, which does provide 4.’’ The commenter states that Part 4 effective date of the AD, under the adequate corrosion protection. The provides spline rework instructions, and conditions set forth by the commenter. definition of ‘‘the most recent Figure 4 provides instructions for the inspection,’’ as specified in paragraph Request To Change Paragraph (a)(2) external corrosion removal for the collar (f) of the proposed AD, is the last spline fitting. One commenter asks that paragraph inspection completed as of the effective (a)(2) of the proposed AD be changed to date of the AD. In addition, we have We agree with the commenter, as we add the option of installing a serviceable added sub-paragraphs (f)(1) and (f)(2) to inadvertently referenced ‘‘Part 4’’ collar fitting. The commenter states that this final rule to add an optional instead of ‘‘Figure 4’’ in paragraph (a)(3) a serviceable collar fitting is crack- and inspection, which would extend the of the proposed AD. We have changed corrosion-free, and provides the same compliance time for the current paragraph (a)(3) of this final rule level of safety as a new collar fitting. inspection to 6 years and adds the accordingly. • We agree with the commenter as option of doing either the Part 1 (which Change paragraph (a)(4)(ii) of the allowing the option of installing a is not as extensive as Part 3) or the Part proposed AD to reference Part 3 of the serviceable collar fitting to paragraph 3 inspection within 3 years after the service bulletin as follows ‘‘*** (a)(2) of this final rule would be a most recent inspection done in before further flight, repair the corrosion relieving action for operators. Therefore, accordance with Revision 2 of the in accordance with Part 3 and Part 4 of paragraph (a)(2) of the final rule has service bulletin, or within 90 days after the Accomplishment Instructions of been changed accordingly. the effective date of this AD. This Revision 3 of the service bulletin change matches the compliance time ***’’ The commenter states that Part Request To Clarify or Remove 3 provides procedures for spline Paragraph (f) recommended in Revision 3 of the referenced service bulletin, and also component removal and an inspection One commenter asks that paragraph alleviates any undue burden to required before accomplishing the (f) of the proposed AD be changed for operators caused by the compliance rework in Part 4 of the service bulletin. clarification, or removed from the time specified in the proposed AD. We agree with the commenter that proposed AD. The commenter states paragraph (a)(4)(ii) of the proposed AD, that it is not clear which ‘‘inspections’’ Request To Change Cost Impact which would require accomplishment paragraph (f) is referencing, and the One commenter estimates the tasks of Part 2 and repair of any corrosion in commenter reiterates the contents of generated by the inspections specified accordance with Part 4, should be that paragraph. The commenter does not in the proposed AD would require 128 clarified. Part 2 of the service bulletin understand what the inspection work hours per airplane at an overall specifies doing Part 3 and Part 4 if required by paragraph (a) of the cost of $985,600. The commenter states corrosion of the collar fittings and proposed AD is for, or why Revision 2 that the proposed AD specifies 2 work torque tube is found. We have changed of the referenced service bulletin is hours for the current inspections and 2 paragraph (a)(4)(ii) of this final rule singled out. Nor does the commenter work hours for the new inspections. The accordingly. understand what the most recent commenter notes that these estimates • Change paragraph (d) of the inspection is. The commenter asks if the are substantially lower than the actual proposed AD to add, ‘‘* * * refinish

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and reassemble the parts in accordance The new inspections and refinishing PART 39—AIRWORTHINESS with the service bulletin.’’ that are required by this AD action will DIRECTIVES We agree with the commenter that take approximately 127 work hours ■ paragraph (d) of the proposed AD (including access and close up) per 1. The authority citation for part 39 should be changed. We have changed airplane to accomplish, at an average continues to read as follows: paragraph (d) of this final rule, for labor rate of $60 per work hour. Based Authority: 49 U.S.C. 106(g), 40113, 44701. clarification and consistency, to state, on these figures, the cost impact of the § 39.13 [Amended] ‘‘* * * refinish and reassemble the inspections and refinishing required by ■ parts with liberal coatings of corrosion- this AD on U.S. operators is estimated 2. Section 39.13 is amended by inhibiting compound (CIC) BMS 3–27 or to be $2,232,660, or $7,620 per airplane, removing amendment 39–10859 (63 FR BMS 3–38, in accordance with the per cycle. 57577, October 28, 1998), and by adding a new airworthiness directive (AD), service bulletin.’’ The cost impact figures discussed • Change paragraph (h) of the amendment 39–13228, to read as above are based on assumptions that no proposed AD to explicitly specify line follows: operator has yet accomplished any of numbers 704, 719, and 720, and change the requirements of this AD action, and 2003–14–09 Boeing: Amendment 39–13228. the end of the last sentence, for that no operator would accomplish Docket 2001 NM–395–AD. Supersedes clarification, to read, at the time AD 98–22–12, Amendment 39–10859. those actions in the future if this AD specified in paragraph (g) of this AD.’’ were not adopted. The cost impact Applicability: Model 767 series airplanes, The commenter states that this change figures discussed in AD rulemaking line numbers 1 through 749 inclusive, is necessary for clarification of the certificated in any category. actions represent only the time applicability and compliance time necessary to perform the specific actions Note 1: This AD applies to each airplane specified in this paragraph. The identified in the preceding applicability actually required by the AD. These commenter notes that paragraph (h) of provision, regardless of whether it has been figures typically do not include the proposed AD is applicable only to modified, altered, or repaired in the area incidental costs, such as planning time, those three airplanes which were subject to the requirements of this AD. For or time necessitated by other assembled with BMS 3–27, not the MIL– airplanes that have been modified, altered, or administrative actions. repaired so that the performance of the G–23827 grease, after the proposed AD requirements of this AD is affected, the was issued. The commenter adds that Regulatory Impact owner/operator must request approval for an without this change operators may be alternative method of compliance in confused as to the applicability and the The regulations adopted herein will accordance with paragraph (k)(1) of this AD. exact compliance time. not have a substantial direct effect on The request should include an assessment of We agree with the commenter that the States, on the relationship between the effect of the modification, alteration, or paragraph (i) of the final rule (paragraph the national Government and the States, repair on the unsafe condition addressed by (h) of the proposed AD) should be or on the distribution of power and this AD; and, if the unsafe condition has not responsibilities among the various been eliminated, the request should include changed, for the reasons specified. specific proposed actions to address it. Paragraph (i) of this final rule has been levels of government. Therefore, it is determined that this final rule does not Compliance: Required as indicated, unless changed to specify line numbers 704, accomplished previously. 719, and 720, and to add, ‘‘at the time have federalism implications under Executive Order 13132. To prevent failure of the collar fittings on specified in paragraph (h) of this AD’’ the inboard trailing edge flaps, which could (paragraph (g) of the proposed AD) at For the reasons discussed above, I result in separation of the flap and the end of the last sentence, for clarity. certify that this action (1) is not a consequent reduced controllability of the ‘‘significant regulatory action’’ under airplane, accomplish the following: Conclusion Executive Order 12866; (2) is not a Restatement of Requirements of AD 98–22– After careful review of the available ‘‘significant rule’’ under DOT 12 data, including the comments noted Regulatory Policies and Procedures (44 Detailed Inspections/Corrective Actions above, the FAA has determined that air FR 11034, February 26, 1979); and (3) safety and the public interest require the will not have a significant economic (a) For airplanes having line numbers 1 adoption of the rule with the changes impact, positive or negative, on a through 721 inclusive, except as provided by paragraphs (c) and (e) of this AD: Within 8 previously described. The FAA has substantial number of small entities determined that these changes will years since the date of manufacture of the under the criteria of the Regulatory airplane, or within 90 days after November neither increase the economic burden Flexibility Act. A final evaluation has 12, 1998 (the effective date of AD 98–22–12, on any operator nor increase the scope been prepared for this action and it is amendment 39–10859), whichever occurs of the AD. contained in the Rules Docket. A copy later; perform a detailed inspection of the Cost Impact of it may be obtained from the Rules collar fittings of both inboard trailing edge Docket at the location provided under flaps to detect cracks, corrosion, or staining, There are approximately 691 the caption ‘‘ADDRESSES.’’ in accordance with Part 1 of the airplanes of the affected design in the Accomplishment Instructions of Boeing Alert worldwide fleet. The FAA estimates that List of Subjects in 14 CFR Part 39 Service Bulletin 767–57A0066, Revision 1, 293 airplanes of U.S. registry will be dated August 6, 1998; or Revision 3, affected by this AD. Air transportation, Aircraft, Aviation including Appendices A and B, dated The actions that are currently safety, Incorporation by reference, December 19, 2001. As of the effective date required by AD 98–22–12 take Safety. of this AD, only Revision 3 shall be used. approximately 2 work hours per Adoption of the Amendment Note 2: For the purposes of this AD, a airplane to accomplish, at an average detailed inspection is defined as: ‘‘An ■ intensive visual examination of a specific labor rate of $60 per work hour. Based Accordingly, pursuant to the authority structural area, system, installation, or on these figures, the cost impact of the delegated to me by the Administrator, assembly to detect damage, failure, or currently required actions is estimated the Federal Aviation Administration irregularity. Available lighting is normally to be $120 per airplane, per inspection amends part 39 of the Federal Aviation supplemented with a direct source of good cycle. Regulations (14 CFR part 39) as follows: lighting at intensity deemed appropriate by

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the inspector. Inspection aids such as mirror, before the initial inspection required by inspection specified in Part 1 or Part 3 of the magnifying lenses, etc., may be used. Surface paragraph (a) of this AD, meets the Accomplishment Instructions of Boeing Alert cleaning and elaborate access procedures inspection requirements in paragraph (a) of Service Bulletin 767–57A0066, Revision 3, may be required.’’ this AD. including Appendices A and B, dated (1) If no cracked, corroded, or stained (d) If no discrepancy is found during any December 19, 2001; at the applicable time collar fitting is found, repeat the detailed inspection required by paragraph (c) or (h) of specified in paragraph (f)(1) or (f)(2) of this inspection required by paragraph (a) of this this AD, before further flight, refinish and AD. AD thereafter at intervals not to exceed 120 reassemble the parts with liberal coatings of (1) Within 3 years after the last spline days until accomplishment of paragraph (d) corrosion-inhibiting compound (CIC) BMS 3– inspection done in accordance with Revision or (e) of this AD, as applicable. 27 or BMS 3–38, in accordance with the 2 of the service bulletin, or within 90 days Accomplishment Instructions of Boeing Alert (2) If any cracked collar fitting is found, after the effective date of this AD, whichever Service Bulletin 767–57A0066, Revision 3, prior to further flight, install a new or is later, do the applicable inspection including Appendices A and B, dated serviceable collar fitting in accordance with specified in either Part 1 or Part 3 of Revision December 19, 2001; and repeat the inspection Part 2 of the Accomplishment Instructions of 3 of the service bulletin. Before further flight the alert service bulletin. every 24,000 flight cycles or 12 years, whichever is first. Accomplishment of this after accomplishment of the Part 1 (3) If any corroded collar fitting is found, inspection, do the applicable follow-on prior to further flight, repair the corrosion in paragraph terminates the repetitive actions specified in paragraphs (a)(1), (a)(2), accordance with Figure 4 of the inspections required by paragraph (a) of this (a)(3), and (a)(4) of this AD. Before further Accomplishment Instructions of Revision 3 AD. of the service bulletin; or in accordance with (e) If any discrepancy is found during any flight after accomplishment of the Part 3 a method approved by the Manager, Seattle inspection required by paragraph (c) or (h) of inspection, do the applicable follow-on Aircraft Certification Office (ACO), FAA. this AD, before further flight, do the actions actions specified in paragraphs (d) and (e) of (4) If any stained collar fitting is found, specified in either paragraph (e)(1) or (e)(2) this AD. accomplish the requirements of paragraphs of this AD in accordance with the (2) Within 6 years after the last spline (a)(4)(i) and (a)(4)(ii) of this AD at the Accomplishment Instructions of Boeing Alert inspection done in accordance with Revision compliance times specified. Service Bulletin 767–57A0066, Revision 3, 2 of the service bulletin, do the spline (i) Repeat the detailed inspection required including Appendices A and B, dated inspection specified in Part 3 of Revision 3 by paragraph (a) of this AD thereafter at December 19, 2001. Accomplishment of this of the service bulletin, unless already intervals not to exceed 45 days; and paragraph terminates the repetitive accomplished per paragraph (f)(1) of this AD. (ii) Within 18 months after finding the inspections required by paragraph (a) of this Before further flight after accomplishment of stained collar fitting, accomplish Part 2 of the AD. the inspection, do the applicable follow-on Accomplishment Instructions of the alert (1) Replace the affected part with a new actions specified in paragraphs (d) and (e) of service bulletin. If any corroded collar fitting part, and reassemble the joint with liberal this AD. is found, before further flight, repair the coatings of CIC BMS 3–27 or BMS 3–38, in corrosion in accordance with Part 3 and Part accordance with the Accomplishment Credit for Previously Accomplished 4 of the Accomplishment Instructions of Instructions of the service bulletin. Repeat Inspections Revision 3 of the service bulletin; or in the applicable inspection specified in (g) Accomplishment of the spline accordance with a method approved by the paragraph (c) or (h) of this AD every 24,000 inspection of the collar fittings, torque tube, Manager, Seattle ACO. flight cycles or 12 years, whichever is first. and splined bushings per Part 3 of the (2) Rework the affected part, and New Requirements of This AD Accomplishment Instructions of Boeing Alert reassemble the joint with liberal coatings of Service Bulletin 767–57A0066, Revision 2, Detailed Inspection CIC BMS 3–27 or BMS 3–38, in accordance dated February 18, 1999; and on which the (b) For airplane line number 723: Within with the Accomplishment Instructions of the maintenance records are conclusive that CIC 8 years since the date of manufacture of the service bulletin. Repeat the applicable Titanine JC5A was not used, is considered airplane, or within 90 days after the effective inspection specified in paragraph (c) or (h) of acceptable for the initial inspections required date of this AD, whichever is later; do a this AD, as specified in paragraph (e)(2)(i), by paragraphs (c) and (h) of this AD. detailed inspection of the collar fittings of (e)(2)(ii), or (e)(2)(iii) of this AD, as both inboard trailing edge flaps to detect applicable. Airplanes Assembled With BMS 3–27 cracks, corrosion, or staining, as specified in (i) If five or fewer spline lengths are (h) For airplanes having line numbers 704, paragraph (a) of this AD, in accordance with reworked per Figure 8 of the service bulletin, 719, 720, 722, and 724 through 749 inclusive; Part 1 of the Accomplishment Instructions of repeat the inspection every 24,000 flight and for the left-hand side of the airplane on Boeing Alert Service Bulletin 767–57A0066, cycles or 12 years, whichever is first. line number 716: Within 12 years since the Revision 3, including Appendices A and B, (ii) If more than five spline lengths, but date of manufacture of the airplane, or within dated December 19, 2001. Then do the fewer than or equal to the maximum number 24,000 flight cycles after the effective date of of spline lengths allowed per Figure 8 of the applicable actions specified in paragraphs this AD, whichever is first; do a spline service bulletin are reworked, repeat the (a)(1), (a)(2), (a)(3), and (a)(4) of this AD. inspection of the collar fittings, torque tube, inspection every 12,000 flight cycles or 6 and splined bushings for discrepancies Repetitive Inspections/Follow-On and years, whichever is first. (including cracks, fractures, corrosion, Corrective Actions (iii) If more than the maximum number of corrosion pits, and light wear). Do the (c) For airplanes having line numbers 1 spline lengths allowed per Figure 8 of the inspection in accordance with Part 3 of the through 703 inclusive, 705 through 715 service bulletin are reworked, before further Accomplishment Instructions of Boeing Alert inclusive, 717, 718, 721, and 723; and for the flight, replace the splined component and right-hand side of the airplane on line repeat the inspection every 24,000 flight Service Bulletin 767–57A0066, Revision 3, number 716: Within 10 years since the date cycles or 12 years, whichever is first. including Appendices A and B, dated of manufacture of the airplane, or within 4 December 19, 2001; then, before further years after the effective date of this AD, Additional Inspections for Airplanes flight, do the applicable actions specified in whichever is later; do a spline inspection of Inspected per Revision 2 of the Service either paragraph (d) or (e) of this AD. the collar fittings, torque tube, and splined Bulletin (i) For airplanes having line numbers 704, bushings for discrepancies (including cracks, (f) For any airplane on which the spline 719, and 720: If the initial inspection fractures, corrosion, corrosion pits, and light inspection was done in accordance with Part required by paragraph (a) of this AD has not wear), in accordance with Part 3 of the 3 of the Accomplishment Instructions of been done as of the effective date of this AD, Accomplishment Instructions of Boeing Alert Boeing Alert Service Bulletin 767–57A0066, operators may do the inspection required by Service Bulletin 767–57A0066, Revision 3, Revision 2, dated February 18, 1999; and on paragraph (h) of this AD in lieu of the including Appendices A and B, dated which the CIC Titanine JC5A was used, or inspection required by paragraph (a) of this December 19, 2001. Accomplishment of the the maintenance records are inconclusive of AD, at the time specified in paragraph (h) of inspections required by this paragraph, the type of CIC used: Do the applicable this AD.

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Use of Titanine JC5A Prohibited DEPARTMENT OF TRANSPORTATION Comments (j) As of the effective date of this AD, no Interested persons have been afforded Federal Aviation Administration person shall use the CIC Titanine JC5A on an opportunity to participate in the the collar fittings, torque tube, and splined making of this amendment. No bushings on any airplane. 14 CFR Part 39 comments were submitted in response Alternative Methods of Compliance [Docket No. 2001–NM–401–AD; Amendment to the proposal or the FAA’s (k)(1) An alternative method of compliance 39–13233; AD 2003–14–14] determination of the cost to the public. or adjustment of the compliance time that Conclusion provides an acceptable level of safety may be RIN 2120–AA64 used if approved by the Manager, Seattle After careful review of the available ACO. Operators shall submit their requests Airworthiness Directives; Aerospatiale data, the FAA has determined that air through an appropriate FAA Principal Model ATR72 Series Airplanes safety and the public interest require the Maintenance Inspector, who may add adoption of the rule as proposed. comments and then send it to the Manager, AGENCY: Federal Aviation Seattle ACO. Administration, DOT. Changes to 14 CFR Part 39/Effect on the (2) Alternative methods of compliance, ACTION: Final rule. AD approved previously in accordance with AD On July 10, 2002, the FAA issued a SUMMARY: 98–22–12, Amendment 39–10859, are not This amendment adopts a new version of 14 CFR part 39 (67 FR considered to be approved as alternative new airworthiness directive (AD), methods of compliance with this AD. 47997, July 22, 2002), which governs the applicable to certain Aerospatiale Model FAA’s airworthiness directives system. Note 3: Information concerning the ATR72 series airplanes, that requires existence of approved alternative methods of The regulation now includes material installing brackets and ramps under that relates to altered products, special compliance with this AD, if any, may be floor panels between frames 23C and obtained from the Seattle ACO. flight permits, and alternative methods 23D and installing wire bundles on the of compliance. However, for clarity and Special Flight Permits ramps. The actions specified by this AD consistency in this final rule, we have (l) Special flight permits may be issued in are intended to prevent chafing damage retained the language of the NPRM accordance with sections 21.197 and 21.199 to the electrical wire cables, which regarding that material. of the Federal Aviation Regulations (14 CFR could lead to an electrical short circuit 21.197 and 21.199) to operate the airplane to and potential for a fire under the floor Cost Impact a location where the requirements of this AD panels. This action is intended to After the proposed AD was issued, we can be accomplished. address the identified unsafe condition. reviewed the figures we use to calculate Incorporation by Reference DATES: Effective August 22, 2003. the labor rate to do the required actions. (m) Unless otherwise provided in this AD, The incorporation by reference of To account for various inflationary costs the actions shall be done in accordance with certain publications listed in the in the airline industry, we find it Boeing Alert Service Bulletin 767–57A0066, regulations is approved by the Director appropriate to increase the labor rate Revision 1, dated August 6, 1998; or Boeing of the Federal Register as of August 22, used in these calculations from $60 to Alert Service Bulletin 767–57A0066, 2003. $65 per work hour. The economic Revision 3, including Appendices A and B, ADDRESSES: The service information impact information below has been dated December 19, 2001. referenced in this AD may be obtained revised to reflect this increase in the (1) The incorporation by reference of specified hourly labor rate. Boeing Alert Service Bulletin 767–57A0066, from Aerospatiale, 316 Route de Bayonne, 31060 Toulouse, Cedex 03, The FAA estimates that 65 Revision 3, including Appendices A and B, Aerospatiale Model ATR 72 series France. This information may be dated December 19, 2001, is approved by the airplanes of U.S. registry will be affected Director of the Federal Register in accordance examined at the Federal Aviation by this AD, that it will take with 5 U.S.C. 552(a) and 1 CFR part 51. Administration (FAA), Transport approximately 6 work hours per (2) The incorporation by reference of Airplane Directorate, Rules Docket, airplane to accomplish the required Boeing Alert Service Bulletin 767–57A0066, 1601 Lind Avenue, SW., Renton, actions, and that the average labor rate Revision 1, dated August 6, 1998, as listed in Washington; or at the Office of the the regulations, was approved previously by is $65 per work hour. Required parts Federal Register, 800 North Capitol the Director of the Federal Register as of will cost approximately $1,844 per Street, NW., suite 700, Washington, DC. November 12, 1998 (63 FR 57577, October airplane. Based on these figures, the cost 28, 1998). FOR FURTHER INFORMATION CONTACT: Dan impact of the AD on U.S. operators is (3) Copies may be obtained from Boeing Rodina, Aerospace Engineer, estimated to be $145,210, or $2,234 per Commercial Airplane Group, P.O. Box 3707, International Branch, ANM–116, FAA, Seattle, Washington 98124–2207. Copies may airplane. Transport Airplane Directorate, 1601 The cost impact figure discussed be inspected at the FAA, Transport Airplane Lind Avenue, SW., Renton, Washington Directorate, 1601 Lind Avenue, SW., Renton, above is based on assumptions that no Washington; or at the Office of the Federal 98055–4056; telephone (425) 227–2125; operator has yet accomplished any of Register, 800 North Capitol Street, NW., suite fax (425) 227–1149. the requirements of this AD action, and 700, Washington, DC. SUPPLEMENTARY INFORMATION: A that no operator would accomplish Effective Date proposal to amend part 39 of the Federal those actions in the future if this AD Aviation Regulations (14 CFR part 39) to were not adopted. The cost impact (n) This amendment becomes effective on include an airworthiness directive (AD) figures discussed in AD rulemaking August 22, 2003. that is applicable to certain Aerospatiale actions represent only the time Issued in Renton, Washington, on July 7, Model ATR72 series airplanes was necessary to perform the specific actions 2003. published in the Federal Register on actually required by the AD. These Ali Bahrami, April 11, 2003 (68 FR 17755). That figures typically do not include Acting Manager, Transport Airplane action proposed to require installing incidental costs, such as the time Directorate, Aircraft Certification Service. brackets and ramps under floor panels required to gain access and close up, [FR Doc. 03–17692 Filed 7–17–03; 8:45 am] between frames 23C and 23D and planning time, or time necessitated by BILLING CODE 4910–13–P installing wire bundles on the ramps. other administrative actions.

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Regulatory Impact of the requirements of this AD is affected, the Issued in Renton, Washington, on July 8, owner/operator must request approval for an 2003. The regulations adopted herein will alternative method of compliance in Ali Bahrami, not have a substantial direct effect on accordance with paragraph (b) of this AD. the States, on the relationship between Acting Manager, Transport Airplane The request should include an assessment of Directorate, Aircraft Certification Service. the national Government and the States, the effect of the modification, alteration, or or on the distribution of power and repair on the unsafe condition addressed by [FR Doc. 03–17774 Filed 7–17–03; 8:45 am] responsibilities among the various this AD; and, if the unsafe condition has not BILLING CODE 4910–13–P levels of government. Therefore, it is been eliminated, the request should include determined that this final rule does not specific proposed actions to address it. DEPARTMENT OF TRANSPORTATION have federalism implications under Compliance: Required as indicated, unless accomplished previously. Executive Order 13132. Federal Aviation Administration For the reasons discussed above, I To prevent chafing damage to the electrical certify that this action (1) is not a wire cables, which could lead to an electrical short circuit and potential for a fire under the 14 CFR Part 39 ‘‘significant regulatory action’’ under floor panels, accomplish the following: Executive Order 12866; (2) is not a [Docket No. 2001–NM–280–AD; Amendment ‘‘significant rule’’ under DOT Installation 39–13232; AD 2003–14–13] Regulatory Policies and Procedures (44 (a) Within 12 months after the effective RIN 2120–AA64 FR 11034, February 26, 1979); and (3) date of this AD, perform the actions specified will not have a significant economic in paragraphs (a)(1) and (a)(2) of this AD, per Airworthiness Directives; Aerospatiale impact, positive or negative, on a the Accomplishment Instructions of Avions Model ATR42 Series Airplanes and substantial number of small entities de Transport Regional (ATR) Service Bulletin Model ATR72 Series Airplanes ATR72–92–1006, dated September 28, 2001. under the criteria of the Regulatory (1) Install brackets and ramps under floor AGENCY: Federal Aviation Flexibility Act. A final evaluation has panels between frames 23C and 23D. Administration, DOT. been prepared for this action and it is (2) Install wire bundles on the ramps. contained in the Rules Docket. A copy ACTION: Final rule. Alternative Methods of Compliance of it may be obtained from the Rules SUMMARY: This amendment adopts a (b) An alternative method of compliance or Docket at the location provided under new airworthiness directive (AD), the caption ADDRESSES. adjustment of the compliance time that provides an acceptable level of safety may be applicable to certain Aerospatiale Model List of Subjects in 14 CFR Part 39 used if approved by the Manager, ATR42–200, –300, –320, and –500 series International Branch, ANM–116, Transport airplanes; and Model ATR72 series Air transportation, Aircraft, Aviation Airplane Directorate, FAA. Operators shall airplanes; that requires replacement of a safety, Incorporation by reference, submit their requests through an appropriate certain Automatic Takeoff Power Safety. FAA Principal Maintenance Inspector, who Control System (ATPCS) test selector Adoption of the Amendment may add comments and then send it to the switch with a different test selector Manager, International Branch, ANM–116. switch. This action is necessary to ■ Accordingly, pursuant to the authority Note 2: Information concerning the prevent shorting of a contact in the delegated to me by the Administrator, existence of approved alternative methods of ATPCS test selector switch due to compliance with this AD, if any, may be the Federal Aviation Administration abnormal wear of contact surfaces, amends part 39 of the Federal Aviation obtained from the International Branch, ANM–116. which could result in dual engine Regulations (14 CFR part 39) as follows: power drop with associated loss of both Special Flight Permits PART 39—AIRWORTHINESS alternating current wild and main DIRECTIVES (c) Special flight permits may be issued in hydraulic power during ground accordance with sections 21.197 and 21.199 maneuvers, and consequent reduced ■ 1. The authority citation for part 39 of the Federal Aviation Regulations (14 CFR controllability of the airplane and continues to read as follows: 21.197 and 21.199) to operate the airplane to increased flightcrew workload. This a location where the requirements of this AD Authority: 49 U.S.C. 106(g), 40113, 44701. action is intended to address the can be accomplished. identified unsafe condition. § 39.13 [Amended] Incorporation by Reference DATES: Effective August 22, 2003. ■ 2. Section 39.13 is amended by adding (d) The actions shall be done in accordance The incorporation by reference of the following new airworthiness with Avions de Transport Regional Service certain publications listed in the directive: Bulletin ATR72–92–1006, dated September regulations is approved by the Director 28, 2001. This incorporation by reference was of the Federal Register as of August 22, 2003–14–14 Aerospatiale: Amendment 39– approved by the Director of the Federal 2003. 13233. Docket 2001–NM–401–AD. Register in accordance with 5 U.S.C. 552(a) Applicability: Model ATR72 series and 1 CFR part 51. Copies may be obtained ADDRESSES: The service information airplanes, certificated in any category; except from Aerospatiale, 316 Route de Bayonne, referenced in this AD may be obtained those airplanes on which modification 5297 31060 Toulouse, Cedex 03, France. Copies from Aerospatiale, 316 Route de has been accomplished in production, or on may be inspected at the FAA, Transport Bayonne, 31060 Toulouse, Cedex 03, which Avions de Transport Regional (ATR) Airplane Directorate, 1601 Lind Avenue, France. This information may be Service Bulletin ATR72–92–1006, dated SW., Renton, Washington; or at the Office of examined at the Federal Aviation September 28, 2001, has been accomplished the Federal Register, 800 North Capitol Administration (FAA), Transport in service. Street, NW., suite 700, Washington, DC. Airplane Directorate, Rules Docket, Note 1: This AD applies to each airplane Note 3: The subject of this AD is addressed 1601 Lind Avenue, SW., Renton, identified in the preceding applicability in French airworthiness directive 2001–505– Washington; or at the Office of the 059(B), dated October 17, 2001. provision, regardless of whether it has been Federal Register, 800 North Capitol otherwise modified, altered, or repaired in the area subject to the requirements of this Effective Date Street, NW., suite 700, Washington, DC. AD. For airplanes that have been modified, (e) This amendment becomes effective on FOR FURTHER INFORMATION CONTACT: Dan altered, or repaired so that the performance August 22, 2003. Rodina, Aerospace Engineer,

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International Branch, ANM–116, FAA, figures, the cost impact of the AD on § 39.13 [Amended] Transport Airplane Directorate, 1601 U.S. operators is estimated to be ■ 2. Section 39.13 is amended by adding Lind Avenue, SW., Renton, Washington $105,868, or $796 per airplane. the following new airworthiness 98055–4056; telephone (425) 227–2125; The cost impact figure discussed directive: fax (425) 227–1149. above is based on assumptions that no SUPPLEMENTARY INFORMATION: A operator has yet accomplished any of 2003–14–13 Aerospatiale: Amendment 39– 13232. Docket 2001–NM–280–AD. proposal to amend part 39 of the Federal the requirements of this AD action, and Aviation Regulations (14 CFR part 39) to that no operator would accomplish Applicability: Model ATR42–200, –300, include an airworthiness directive (AD) –320, and –500 series airplanes; and Model those actions in the future if this AD ATR72 series airplanes; certificated in any that is applicable to certain Aerospatiale were not adopted. The cost impact category; equipped with IPP JANCO Model ATR42–200, –300, –320, and figures discussed in AD rulemaking Automatic Takeoff Power Control System –500 series airplanes; and Model ATR72 actions represent only the time (ATPCS) test selector switch, part number (P/ series airplanes; was published in the necessary to perform the specific actions N) ACE 0002; except those airplanes having Federal Register on April 1, 2003 (68 FR actually required by the AD. These received modification 5162 in production 15682). That action proposed to require figures typically do not include and on which no replacement of the ATPCS replacement of a certain Automatic incidental costs, such as the time test selector switch has been performed Takeoff Power Control System (ATPCS) required to gain access and close up, afterwards. test selector switch with a different test planning time, or time necessitated by Note 1: This AD applies to each airplane selector switch. other administrative actions. identified in the preceding applicability provision, regardless of whether it has been Comments Regulatory Impact otherwise modified, altered, or repaired in Interested persons have been afforded the area subject to the requirements of this The regulations adopted herein will AD. For airplanes that have been modified, an opportunity to participate in the not have a substantial direct effect on altered, or repaired so that the performance making of this amendment. No the States, on the relationship between of the requirements of this AD is affected, the comments were submitted in response the national Government and the States, owner/operator must request approval for an to the proposal or the FAA’s or on the distribution of power and alternative method of compliance in determination of the cost to the public. accordance with paragraph (c) of this AD. responsibilities among the various The request should include an assessment of Conclusion levels of government. Therefore, it is the effect of the modification, alteration, or The FAA has determined that air determined that this final rule does not repair on the unsafe condition addressed by safety and the public interest require the have federalism implications under this AD; and, if the unsafe condition has not adoption of the rule as proposed. Executive Order 13132. been eliminated, the request should include For the reasons discussed above, I specific proposed actions to address it. Changes to 14 CFR Part 39/Effect on the certify that this action (1) is not a Compliance: Required as indicated, unless AD ‘‘significant regulatory action’’ under accomplished previously. To prevent shorting of a contact in the On July 10, 2002, the FAA issued a Executive Order 12866; (2) is not a new version of 14 CFR part 39 (67 FR ATPCS test selector switch due to abnormal ‘‘significant rule’’ under DOT wear of contact surfaces, which could result 47997, July 22, 2002), which governs the Regulatory Policies and Procedures (44 in dual engine power drop with associated FAA’s airworthiness directives system. FR 11034, February 26, 1979); and (3) loss of both alternating current wild and The regulation now includes material will not have a significant economic main hydraulic power during ground that relates to altered products, special impact, positive or negative, on a maneuvers, and consequent reduced flight permits, and alternative methods substantial number of small entities controllability of the airplane and increased of compliance. However, for clarity and under the criteria of the Regulatory flightcrew workload, accomplish the consistency in this final rule, we have Flexibility Act. A final evaluation has following: retained the language of the NPRM been prepared for this action and it is Replacement regarding that material. contained in the Rules Docket. A copy (a) Within 5 years after the effective date Change to Labor Rate of it may be obtained from the Rules of this AD, replace the IPP JANCO ATPCS Docket at the location provided under test selector switch having P/N ACE 0002 on After the proposed AD was issued, we the caption ADDRESSES. panel 114VU (FIN 22KF) with an IEC reviewed the figures we use to calculate Electronique test selector switch having P/N the labor rate to do the required actions. List of Subjects in 14 CFR Part 39 097–037–00, per Avions de Transport To account for various inflationary costs Regional Service Letter ATR42–61–5012 (for Air transportation, Aircraft, Aviation in the airline industry, we find it Model ATR42 series airplanes) or ATR72– safety, Incorporation by reference, appropriate to increase the labor rate 61–6008 (for Model ATR72 series airplanes), Safety. used in these calculations from $60 per both dated April 23, 2002; as applicable. work hour to $65 per work hour. The Adoption of the Amendment Parts Installation economic impact information, below, (b) As of the effective date of this AD, no ■ has been revised to reflect this increase Accordingly, pursuant to the authority person shall install an IPP JANCO ATPCS in the specified hourly labor rate. delegated to me by the Administrator, test selector switch, P/N ACE 0002, on any the Federal Aviation Administration airplane. Cost Impact amends part 39 of the Federal Aviation Alternative Methods of Compliance The FAA estimates that 133 airplanes Regulations (14 CFR part 39) as follows: of U.S. registry will be affected by this (c) An alternative method of compliance or AD, that it will take approximately 4 PART 39—AIRWORTHINESS adjustment of the compliance time that DIRECTIVES provides an acceptable level of safety may be work hours per airplane to accomplish used if approved by the Manager, the required replacement, and that the ■ 1. The authority citation for part 39 International Branch, ANM–116, Transport average labor rate is $65 per work hour. Airplane Directorate, FAA. Operators shall Required parts will cost approximately continues to read as follows: submit their requests through an appropriate $536 per airplane. Based on these Authority: 49 U.S.C. 106(g), 40113, 44701. FAA Principal Maintenance Inspector, who

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may add comments and then send it to the CL–600–2B19 (Regional Jet Series 100 & of service information for the proposed Manager, International Branch, ANM–116. 440) airplanes, that requires the actions. One commenter, an operator, Note 2: Information concerning the installation of protective tape on the fire requests that the proposed AD be existence of approved alternative methods of and overheat control unit located in the revised to consider accomplishment of compliance with this AD, if any, may be flight compartment. The actions the actions specified in the original obtained from the International Branch, specified by this AD are intended to issue of the service bulletin (dated ANM–116. prevent fluid contamination inside the August 4, 2000) to also be acceptable for Special Flight Permits fire and overheat control unit, which compliance with the requirements of the (d) Special flight permits may be issued in could result in a false fire alarm and AD. The commenter reports that all of accordance with sections 21.197 and 21.199 consequent emergency landing. This its 97 airplanes have been modified in of the Federal Aviation Regulations (14 CFR action is intended to address the accordance with the original issue of the 21.197 and 21.199) to operate the airplane to identified unsafe condition. service bulletin. a location where the requirements of this AD DATES: Effective August 22, 2003. The FAA agrees. Both the original can be accomplished. The incorporation by reference of issue and Revision ‘‘A’’ of the service Incorporation by Reference certain publications listed in the bulletin specify installing protective (e) The actions shall be done in accordance regulations is approved by the Director tape on the external cover of the fire and with Avions de Transport Regional Service of the Federal Register as of August 22, overheat control unit located in the Letter ATR42–61–5012, dated April 23, 2002; 2003. flight compartment; the original issue of or Avions de Transport Regional Service ADDRESSES: The service information the service bulletin included an action Letter ATR72–61–6008, dated April 23, 2002; referenced in this AD may be obtained for specifically installing protective tape as applicable. This incorporation by from Bombardier, Inc., Canadair, over the connectors. The connectors reference was approved by the Director of the Aerospace Group, P.O. Box 6087, were later determined to be adequately Federal Register in accordance with 5 U.S.C. sealed to prevent liquid ingress to the 552(a) and 1 CFR part 51. Copies may be Station Centreville, Montreal, Quebec obtained from Aerospatiale, 316 Route de H3C 3G9, Canada. This information may control unit; Revision ‘‘A’’ was then Bayonne, 31060 Toulouse, Cedex 03, France. be examined at the Federal Aviation issued to remove the action of taping the Copies may be inspected at the FAA, Administration (FAA), Transport connectors. However, taping the Transport Airplane Directorate, 1601 Lind Airplane Directorate, Rules Docket, connectors does not degrade the level of Avenue, SW., Renton, Washington; or at the 1601 Lind Avenue, SW., Renton, safety, so airplanes modified with the Office of the Federal Register, 800 North Washington; or at the FAA, New York additional protective tape would also be Capitol Street, NW., suite 700, Washington, Aircraft Certification Office, 10 Fifth in full compliance with the DC. Street, Third Floor, Valley Stream, New requirements of this AD. The final rule Note 3: The subject of this AD is addressed York; or at the Office of the Federal has been revised to add new paragraph in French airworthiness directives 2001– Register, 800 North Capitol Street, NW., (b), which provides credit for actions 214–084(B) and 2001–215–057(B), both dated suite 700, Washington, DC. done in accordance with the original May 30, 2001. FOR FURTHER INFORMATION CONTACT: issue of the service bulletin. Effective Date James Delisio, Aerospace Engineer, Conclusion Airframe and Propulsion Branch, ANE– (f) This amendment becomes effective on After careful review of the available August 22, 2003. 171, FAA, New York Aircraft Certification Office, 10 Fifth Street, data, including the comment noted Issued in Renton, Washington, on July 8, Third Floor, Valley Stream, New York above, the FAA has determined that air 2003. 11581; telephone (516) 256–7512; fax safety and the public interest require the Ali Bahrami, (516) 568–2716. adoption of the rule with the change Acting Manager, Transport Airplane SUPPLEMENTARY INFORMATION: A described previously. The FAA has Directorate, Aircraft Certification Service. proposal to amend part 39 of the Federal determined that this change will neither [FR Doc. 03–17773 Filed 7–17–03; 8:45 am] Aviation Regulations (14 CFR part 39) to increase the economic burden on any BILLING CODE 4910–13–P include an airworthiness directive (AD) operator nor increase the scope of the that is applicable to certain Bombardier AD. Model CL–600–2B19 series airplanes DEPARTMENT OF TRANSPORTATION Changes to 14 CFR Part 39/Effect on the was published in the Federal Register Proposed AD Federal Aviation Administration on August 23, 2001 (66 FR 44326). That action proposed to require the On July 10, 2002, the FAA issued a new version of 14 CFR part 39 (67 FR 14 CFR Part 39 installation of protective tape on the fire and overheat control unit located in the 47997, July 22, 2002), which governs the [Docket No. 2001–NM–50–AD; Amendment flight compartment. FAA’s airworthiness directives system. 39–13236; AD 2003–14–17] The regulation now includes material Comments that relates to altered products, special RIN 2120–AA64 Interested persons have been afforded flight permits, and alternative methods Airworthiness Directives; Bombardier an opportunity to participate in the of compliance. However, for clarity and Model CL–600–2B19 (Regional Jet making of this amendment. Due consistency in this final rule, we have Series 100 & 440) Airplanes consideration has been given to the retained the language of the proposed single comment received. AD regarding that material. AGENCY: Federal Aviation Change to Airplane Identification Administration, DOT. Request To Credit Work Done per Prior Service Bulletin Version ACTION: Final rule. The identity of the affected airplanes Bombardier Alert Service Bulletin has been changed in this final rule to SUMMARY: This amendment adopts a A601R–26–017, Revision ‘‘A,’’ dated more accurately reflect the listing on the new airworthiness directive (AD), September 8, 2000, was cited in the type certificate data sheet for affected applicable to certain Bombardier Model proposed AD as the appropriate source airplanes.

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Cost Impact PART 39—AIRWORTHINESS Effective Date DIRECTIVES The FAA estimates that 160 airplanes (e) This amendment becomes effective of U.S. registry will be affected by this ■ 1. The authority citation for part 39 on August 22, 2003. AD, that it will take approximately 1 continues to read as follows: Issued in Renton, Washington, on July 9, 2003. work hour per airplane to accomplish Authority: 49 U.S.C. 106(g), 40113, 44701. the required actions, and that the Ali Bahrami, average labor rate is $60 per work hour. § 39.13 [Amended] Acting Manager, Transport Airplane Based on these figures, the cost impact ■ 2. Section 39.13 is amended by adding Directorate, Aircraft Certification Service. of this AD on U.S. operators is estimated the following new airworthiness [FR Doc. 03–17816 Filed 7–17–03; 8:45 am] to be $9,600, or $60 per airplane. directive: BILLING CODE 4910–13–P The cost impact figure discussed 2003–14–17 Bombardier, Inc. (Formerly above is based on assumptions that no Canadair): Amendment 39–13236. operator has yet accomplished any of Docket 2001–NM–50–AD. DEPARTMENT OF TRANSPORTATION the requirements of this AD action, and Applicability: Model CL–600–2B19 Federal Aviation Administration that no operator would accomplish (Regional Jet Series 100 & 440) airplanes, as those actions in the future if this AD listed in Bombardier Alert Service Bulletin 14 CFR Part 39 were not adopted. The cost impact A601R–26–017, Revision ‘A,’ dated figures discussed in AD rulemaking September 8, 2000; certificated in any [Docket No. 2001–NM–391–AD; Amendment actions represent only the time category. 39–13241; AD 2003–14–22 ] Compliance: Required as indicated, unless necessary to perform the specific actions accomplished previously. RIN 2120–AA64 actually required by the AD. These To prevent fluid contamination inside the figures typically do not include fire and overheat control unit, which could Airworthiness Directives; Bombardier incidental costs, such as the time result in a false fire alarm and consequent Model DHC–8–102, –103, –106, –201, required to gain access and close up, emergency landing, accomplish the –202, –301, –311, and –315 Airplanes planning time, or time necessitated by following: other administrative actions. AGENCY: Federal Aviation Installation of Protective Tape Administration, DOT. Regulatory Impact (a) Within 250 flight hours or 30 days after ACTION: Final rule. the effective date of this AD, whichever The regulations adopted herein will occurs first, install protective tape on the SUMMARY: This amendment adopts a not have a substantial direct effect on external cover of the fire and overheat control new airworthiness directive (AD), the States, on the relationship between unit located in the flight compartment per Bombardier Alert Service Bulletin A601R– applicable to certain Bombardier Model the national Government and the States, DHC–8–102, –103, –106, –201, –202, or on the distribution of power and 26–017, Revision ‘A,’ dated September 8, 2000. –301, –311, and –315 airplanes. This AD responsibilities among the various (b) Installation of protective tape on the requires modification of the No. 3 levels of government. Therefore, it is external cover of the fire and overheat control electrical equipment panel behind the determined that this final rule does not in the flight compartment, done before the avionics rack, and modification of the have federalism implications under effective date of this AD per Bombardier No. 2 propeller de-ice timer. This action Executive Order 13132. Alert Service Bulletin A601R–26–017, dated is necessary to prevent incorrect altitude For the reasons discussed above, I August 4, 2000, is acceptable for compliance with the requirements of this AD. information transmitted by the Mode S certify that this action (1) is not a transponder and simultaneous loss of ‘‘significant regulatory action’’ under Alternative Methods of Compliance the Traffic Alert and Collision Executive Order 12866; (2) is not a (c) In accordance with 14 CFR 39.19, the Avoidance System (TCAS), and ‘‘significant rule’’ under DOT Manager, New York Aircraft Certification increasing the possibility of an air traffic Regulatory Policies and Procedures (44 Office (ACO), FAA is authorized to approve conflict. This action is intended to FR 11034, February 26, 1979); and (3) alternative methods of compliance for this address the identified unsafe condition. AD. will not have a significant economic DATES: Effective August 22, 2003. impact, positive or negative, on a Incorporation by Reference The incorporation by reference of substantial number of small entities (d) Unless otherwise provided in this AD: certain publications listed in the under the criteria of the Regulatory The actions must be done in accordance with regulations is approved by the Director Flexibility Act. A final evaluation has Bombardier Alert Service Bulletin A601R– of the Federal Register as of August 22, been prepared for this action and it is 26–017, Revision ‘A,’ dated September 8, 2003. contained in the Rules Docket. A copy 2000. This incorporation by reference was approved by the Director of the Federal ADDRESSES: The service information of it may be obtained from the Rules referenced in this AD may be obtained Docket at the location provided under Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained from Bombardier, Inc., Bombardier the caption ADDRESSES. from Bombardier, Inc., Canadair, Aerospace Regional Aircraft Division, 123 Garratt List of Subjects in 14 CFR Part 39 Group, P.O. Box 6087, Station Centreville, Boulevard, Downsview, Ontario M3K Montreal, Quebec H3C 3G9, Canada. Copies 1Y5, Canada. This information may be Air transportation, Aircraft, Aviation may be inspected at the FAA, Transport examined at the Federal Aviation safety, Incorporation by reference, Airplane Directorate, 1601 Lind Avenue, Administration (FAA), Transport Safety. SW., Renton, Washington; or at the FAA, New York Aircraft Certification Office, 10 Airplane Directorate, Rules Docket, Adoption of the Amendment Fifth Street, Third Floor, Valley Stream, New 1601 Lind Avenue, SW., Renton, York; or at the Office of the Federal Register, Washington; or at the FAA, New York ■ Accordingly, pursuant to the authority 800 North Capitol Street, NW., suite 700, Aircraft Certification Office, 10 Fifth delegated to me by the Administrator, Washington, DC. Street, Third Floor, Valley Stream, New the Federal Aviation Administration Note: The subject of this AD is addressed York; or at the Office of the Federal amends part 39 of the Federal Aviation in Canadian airworthiness directive CF– Register, 800 North Capitol Street, NW., Regulations (14 CFR part 39) as follows: 2000–35, dated December 14, 2000. suite 700, Washington, DC.

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FOR FURTHER INFORMATION CONTACT: will be minimal. Based on these figures, amends part 39 of the Federal Aviation Douglas G. Wagner, Aerospace Engineer, the cost impact of this modification on Regulations (14 CFR part 39) as follows: Systems and Flight Test Branch, ANE– U.S. operators is estimated to be 172, FAA, New York Aircraft $51,220, or $260 per airplane. PART 39—AIRWORTHINESS Certification Office, 10 Fifth Street, It will take about 2 work hours per DIRECTIVES Third Floor, Valley Stream, New York airplane to modify the No. 2 propeller ■ 1. The authority citation for part 39 11581; telephone (516) 256–7506; fax de-ice timer, at an average labor rate of continues to read as follows: (516) 568–2716. $65 per work hour. The cost for required SUPPLEMENTARY INFORMATION: A parts will be minimal. Based on these Authority: 49 U.S.C. 106(g), 40113, 44701. proposal to amend part 39 of the Federal figures, the cost impact of this § 39.13 [Amended] Aviation Regulations (14 CFR part 39) to modification on U.S. operators is include an airworthiness directive (AD) estimated to be $25,610, or $130 per ■ 2. Section 39.13 is amended by adding that is applicable to certain Bombardier airplane. the following new airworthiness Model DHC–8–102, –103, –106, –201, The cost impact figures discussed directive: –202, –301, –311, and –315 airplanes above are based on assumptions that no 2003–14–22 Bombardier, Inc. (Formerly de was published in the Federal Register operator has yet accomplished any of Havilland, Inc.): Amendment 39–13241. on May 23, 2003 (68 FR 28177). That the requirements of this AD action, and Docket 2001–NM–391–AD. action proposed to require modification that no operator would accomplish Applicability: Model DHC–8–102, –103, of the No. 3 electrical equipment panel those actions in the future if this AD –106, –201, –202, –301, –311, and –315 behind the avionics rack, and were not adopted. The cost impact airplanes; certificated in any category; having modification of the No. 2 propeller de- figures discussed in AD rulemaking serial numbers 003 through 559 inclusive. ice timer. actions represent only the time Compliance: Required as indicated, unless Interested persons have been afforded accomplished previously. necessary to perform the specific actions To prevent incorrect altitude information an opportunity to participate in the actually required by the AD. These transmitted by the Mode S transponder and making of this amendment. We received figures typically do not include simultaneous loss of the Traffic Alert and no comments on the proposal or on the incidental costs, such as the time Collision Avoidance System (TCAS), and determination of the cost to the public. required to gain access and close up, increasing the possibility of an air traffic conflict, accomplish the following: Conclusion planning time, or time necessitated by other administrative actions. The FAA has determined that air Modifications safety and the public interest require the Regulatory Impact (a) Within 6 months after the effective date adoption of the rule as proposed. of this AD, accomplish the actions specified The regulations adopted herein will in paragraphs (a)(1) and (a)(2) of this AD. Changes to 14 CFR Part 39/Effect on the not have a substantial direct effect on (1) Modify the No. 3 electrical equipment AD the States, on the relationship between panel behind the avionics rack (including the national Government and the States, changing the spacer lengths for the On July 10, 2002, we issued a new or on the distribution of power and installation of the propeller timer units and version of 14 CFR part 39 (67 FR 47997, responsibilities among the various the main harness run, and securing the July 22, 2002), which governs the FAA’s levels of government. Therefore, it is wiring and harness in close proximity by airworthiness directives system. The determined that this final rule does not installing 5 tie wraps to avoid fouling regulation now includes material that have federalism implications under conditions) per Bombardier Service Bulletin 8–34–200, dated June 26, 2001. relates to altered products, special flight Executive Order 13132. permits, and alternative methods of (2) Modify the No. 2 propeller de-ice timer For the reasons discussed above, I (including replacing the existing spacers that compliance. However, for clarity and certify that this action (1) is not a consistency in this final rule, we have support the timer with shorter spacers) per ‘‘significant regulatory action’’ under Bombardier Service Bulletin 8–30–36, dated retained the language of the NPRM Executive Order 12866; (2) is not a July 13, 2000. regarding that material. ‘‘significant rule’’ under DOT Alternative Methods of Compliance Revised Labor Rate Estimate Regulatory Policies and Procedures (44 (b) In accordance with 14 CFR 39.19, the We have reviewed the figures we have FR 11034, February 26, 1979); and (3) Manager, New York Aircraft Certification used over the past several years to will not have a significant economic Office (ACO), FAA, is authorized to approve calculate AD costs to operators. To impact, positive or negative, on a alternative methods of compliance for this account for various inflationary costs in substantial number of small entities AD. under the criteria of the Regulatory the airline industry, we find it necessary Incorporation by Reference Flexibility Act. A final evaluation has to increase the labor rate used in these (c) The actions must be done in accordance calculations from $60 per work hour to been prepared for this action and it is contained in the Rules Docket. A copy with Bombardier Service Bulletin 8–30–36, $65 per work hour. The cost impact dated July 13, 2000; and Bombardier Service information, below, reflects this of it may be obtained from the Rules Bulletin 8–34–200, dated June 26, 2001; as increase in the specified hourly labor Docket at the location provided under applicable. This incorporation by reference rate. the caption ADDRESSES. was approved by the Director of the Federal List of Subjects in 14 CFR Part 39 Register in accordance with 5 U.S.C. 552(a) Cost Impact and 1 CFR part 51. Copies may be obtained We estimate that 197 airplanes of U.S. Air transportation, Aircraft, Aviation from Bombardier, Inc., Bombardier Regional registry will be affected by this safety, Incorporation by reference, Aircraft Division, 123 Garratt Boulevard, Safety. Downsview, Ontario M3K 1Y5, Canada. proposed AD. Copies may be inspected at the FAA, It will take about 4 work hours per Adoption of the Amendment Transport Airplane Directorate, 1601 Lind airplane to modify the No. 3 electrical Avenue, SW., Renton, Washington; or at the equipment panel behind the avionics ■ Accordingly, pursuant to the authority FAA, New York Aircraft Certification Office, rack, at an average labor rate of $65 per delegated to me by the Administrator, 10 Fifth Street, Third Floor, Valley Stream, work hour. The cost for required parts the Federal Aviation Administration New York; or at the Office of the Federal

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Register, 800 North Capitol Street, NW., suite entertainment system, and an Internet as attached electronic files must 700, Washington, DC. operational test if necessary. This action be formatted in Microsoft Word 97 or Note: The subject of this AD is addressed is necessary to prevent chafing of the 2000 or ASCII text. in Canadian airworthiness directive CF– wire bundles of the VCC against the 2001–38, dated October 11, 2001. The service information referenced in rudder and/or elevator control cables, this AD may be obtained from Boeing Effective Date which could result in arcing of the wires Commercial Airplane Group, P.O. Box in the wire bundles and severing of the (d) This amendment becomes effective on 3707, Seattle, Washington 98124–2207. August 22, 2003. cables. Severed cables, if combined with This information may be examined at an engine-out during takeoff, or a high the FAA, Transport Airplane Issued in Renton, Washington, on July 11, crosswind during takeoff or landing, 2003. Directorate, 1601 Lind Avenue, SW., could result in reduced controllability Ali Bahrami, Renton, Washington; or at the Office of of the airplane. This action is intended the Federal Register, 800 North Capitol Acting Manager, Transport Airplane to address the identified unsafe Street, NW., suite 700, Washington, DC. Directorate, Aircraft Certification Service. condition. [FR Doc. 03–18083 Filed 7–17–03; 8:45 am] FOR FURTHER INFORMATION CONTACT: DATES: Effective August 4, 2003. BILLING CODE 4910–13–P Barbara Mudrovich, Aerospace The incorporation by reference of Engineer, Systems and Equipment certain publications listed in the Branch, ANM–130S, FAA, Seattle regulations is approved by the Director DEPARTMENT OF TRANSPORTATION Aircraft Certification Office, 1601 Lind of the Federal Register as of August 4, Avenue, SW., Renton, Washington 2003. Federal Aviation Administration 98055–4056; telephone (425) 917–6477; Comments for inclusion in the Rules fax (425) 917–6590. 14 CFR Part 39 Docket must be received on or before September 16, 2003. SUPPLEMENTARY INFORMATION: During [Docket No. 2002–NM–205–AD; Amendment ADDRESSES: Submit comments in post-delivery modifications of certain 39–13229; AD 2003–14–10] triplicate to the Federal Aviation Boeing Model 767–200 and –300 series RIN 2120–AA64 Administration (FAA), Transport airplanes, the manufacturer found that Airplane Directorate, ANM–114, the rudder cables and the First Officer’s Airworthiness Directives; Boeing Attention: Rules Docket No. 2002–NM– elevator control cables may come in Model 767–200 and –300 Series 205–AD, 1601 Lind Avenue, SW., contact with the video control center Airplanes Renton, Washington 98055–4056. (VCC) wires, which could result in AGENCY: Federal Aviation Comments may be inspected at this possible chafing and subsequent arcing Administration, DOT. location between 9 a.m. and 3 p.m., of the wires in the wire bundles and severing of the cables. Severed cables, if ACTION: Final rule; request for Monday through Friday, except Federal combined with an engine-out during comments. holidays. Comments may be submitted via fax to (425) 227–1232. Comments takeoff, or a high crosswind during SUMMARY: This amendment adopts a may also be sent via the Internet using takeoff or landing, could result in new airworthiness directive (AD), the following address: 9-anm- reduced controllability of the airplane. applicable to certain Boeing Model 767– [email protected]. Comments sent Explanation of Relevant Service 200 and –300 series airplanes. This via fax or the Internet must contain Information action requires modification of the wire ‘‘Docket No. 2002–NM–205–AD’’ in the bundles of the video control center subject line and need not be submitted We have reviewed and approved the (VCC) of the passenger address and in triplicate. Comments sent via the following Boeing alert service bulletins:

Service bulletin Revision level Date Model

767–23A0147, including Appendix A ...... Original ...... April 6, 2000 ...... 767–300 767–23A0154 ...... Original ...... March 15, 2001 ...... 767–300 767–23A0155, including Appendix A ...... Original ...... March 29, 2001 ...... 767–300 767–23A0156, including Appendix A ...... Original ...... April 19, 2001 ...... 767–200, –300 767–23A0157 ...... Original ...... May 3, 2001 ...... 767–300

These service bulletins describe accomplishment of the modification. against the rudder and/or elevator procedures for modification of the wire Accomplishment of the actions control cables, which could result in bundles of the VCC of the passenger specified in the applicable service arcing of the wires in the wire bundles address and entertainment system. The bulletin is intended to adequately and severing of the cables. Severed modification includes, but is not limited address the identified unsafe condition. cables, if combined with an engine-out to, installation of a wiring shroud and during takeoff, or a high crosswind Explanation of Requirements of the associated hardware between the VCC during takeoff or landing, could result Rule master control unit wiring and the flight in reduced controllability of the control cables; re-routing of the VCC Since an unsafe condition has been airplane. This AD requires modification wire bundles above the flight control identified that is likely to exist or of the wire bundles of the VCC of the pulley box; and replacement of existing develop on other airplanes of the same passenger address and entertainment clamps with new clamps; as applicable. type design that may be registered in the system. The actions are required to be Service bulletins 767–23A0154 and United States at some time in the future, accomplished in accordance with the 767–23A0157 also describe procedures this AD is being issued to prevent applicable service bulletin described for an operational test after chafing of the wire bundles of the VCC previously, except as discussed below.

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Difference Between the Service imported and placed on the U.S. summarizes each FAA-public contact Bulletins and This AD Register in the future. concerned with the substance of this AD Although the service bulletins Should an affected airplane be will be filed in the Rules Docket. recommend accomplishing the specified imported and placed on the U.S. Commenters wishing the FAA to actions at the earliest maintenance Register in the future, it would require acknowledge receipt of their comments opportunity when manpower and approximately 2 work hours to submitted in response to this rule must materials are available, we have accomplish the required modification, submit a self-addressed, stamped determined that such an imprecise at an average labor rate of $65 per work postcard on which the following compliance time would not address the hour. Parts cost would be between $64 statement is made: ‘‘Comments to identified unsafe condition in a timely and $915 per airplane. Based on these Docket Number 2002–NM–205–AD.’’ manner. In developing an appropriate figures, the cost impact of the The postcard will be date stamped and compliance time for this AD, we modification required by this AD would returned to the commenter. considered not only the manufacturer’s be between $194 and $1,045 per Regulatory Impact recommendation, but the degree of airplane. urgency associated with addressing the Determination of Rule’s Effective Date The regulations adopted herein will subject unsafe condition, the average Since this AD action does not affect not have a substantial direct effect on utilization of the affected fleet, and the the States, on the relationship between time necessary to perform the any airplane that is currently on the U.S. register, it has no adverse economic the national Government and the States, modification (2 work hours). In light of or on the distribution of power and all of these factors, we find a 6-month impact and imposes no additional burden on any person. Therefore, prior responsibilities among the various compliance time for completing the levels of government. Therefore, it is required actions to be warranted, in that notice and public procedures hereon are unnecessary and the amendment may be determined that this final rule does not it represents an appropriate interval of have federalism implications under time allowable for affected airplanes to made effective in less than 30 days after publication in the Federal Register. Executive Order 13132. continue to operate without For the reasons discussed above, I compromising safety. Comments Invited certify that this action: (1) Is not a Changes to 14 CFR Part 39/Effect on the Although this action is in the form of ‘‘significant regulatory action’’ under AD a final rule and was not preceded by Executive Order 12866; (2) is not a On July 10, 2002, the FAA issued a notice and opportunity for public ‘‘significant rule’’ under DOT new version of 14 CFR part 39 (67 FR comment, comments are invited on this Regulatory Policies and Procedures (44 47997, July 22, 2002), which governs the rule. Interested persons are invited to FR 11034, February 26, 1979); and (3) FAA’s airworthiness directives system. comment on this rule by submitting will not have a significant economic The regulation now includes material such written data, views, or arguments impact, positive or negative, on a that relates to altered products, special as they may desire. Communications substantial number of small entities flight permits, and alternative methods shall identify the Rules Docket number under the criteria of the Regulatory of compliance. Because we have now and be submitted in triplicate to the Flexibility Act. A final evaluation has included this material in part 39, we no address specified under the caption been prepared for this action and it is longer need to include it in each ADDRESSES. All communications contained in the Rules Docket. A copy individual AD; however, this AD received on or before the closing date of it may be obtained from the Rules identifies the office authorized to for comments will be considered, and Docket at the location provided under approve alternative methods of this rule may be amended in light of the the caption ADDRESSES. compliance. comments received. Factual information List of Subjects in 14 CFR Part 39 that supports the commenter’s ideas and Revised Labor Rate suggestions is extremely helpful in Air transportation, Aircraft, Aviation We have reviewed the figures we have evaluating the effectiveness of the AD safety, Incorporation by reference, used over the past several years to action and determining whether Safety. calculate AD costs to operators. To additional rulemaking action would be Adoption of the Amendment account for various inflationary costs in needed. the airline industry, we find it necessary Submit comments using the following ■ Accordingly, pursuant to the authority to increase the labor rate used in these format: delegated to me by the Administrator, • Organize comments issue-by-issue. calculations from $60 per work hour to the Federal Aviation Administration For example, discuss a request to $65 per work hour. The cost impact amends part 39 of the Federal Aviation change the compliance time and a information, below, has been revised to Regulations (14 CFR part 39) as follows: reflect this increase in the specified request to change the service bulletin hourly labor rate. reference as two separate issues. PART 39—AIRWORTHINESS • For each issue, state what specific DIRECTIVES Cost Impact change to the AD is being requested. • None of the airplanes affected by this Include justification (e.g., reasons or ■ 1. The authority citation for part 39 action are on the U.S. Register. All data) for each request. continues to read as follows: airplanes included in the applicability Comments are specifically invited on of this rule currently are operated by the overall regulatory, economic, Authority: 49 U.S.C. 106(g), 40113, 44701. non-U.S. operators under foreign environmental, and energy aspects of § 39.13 [Amended] registry; therefore, they are not directly the rule that might suggest a need to affected by this AD action. However, the modify the rule. All comments ■ 2. Section 39.13 is amended by adding FAA considers that this rule is submitted will be available, both before the following new airworthiness necessary to ensure that the unsafe and after the closing date for comments, directive: condition is addressed in the event that in the Rules Docket for examination by 2003–14–10 Boeing: Amendment 39–13229. any of these subject airplanes are interested persons. A report that Docket 2002–NM–205–AD.

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Applicability: This AD applies to the airplanes listed in Table 1 of this AD, certificated in any category:

TABLE 1.—APPLICABILITY

Model— As listed in—

767–200, –300 series airplanes ...... Boeing Alert Service Bulletin 767–23A0156, dated April 19, 2001. 767–300 series airplanes ...... Boeing Alert Service Bulletins 767–23A0147, dated April 6, 2000; 767–23A0154, dated March 15, 2001; 767–23A0155, dated March 29, 2001; and 767–23A0157, dated May 3, 2001.

Compliance: Required as indicated, unless Modification test if applicable, per the Accomplishment accomplished previously. (a) Within 6 months after the effective date Instructions of the applicable Boeing alert To prevent chafing of the wire bundles of of this AD: Modify the wire bundles of the service bulletin listed in Table 2 of this AD, the video control center (VCC) against the as follows: rudder and/or elevator control cables, VCC of the passenger address and accomplish the following: entertainment system, and do an operational

TABLE 2.—SERVICE BULLETINS

Model Service bulletin Revision level Date

767–300 ...... 767–23A0147, including Appendix A ...... Original ...... April 6, 2000. 767–300 ...... 767–23A0154 ...... Original ...... March 15, 2001. 767–300 ...... 767–23A0155, including Appendix A ...... Original ...... March 29, 2001. 767–200, –300 ...... 767–23A0156, including Appendix A ...... Original ...... April 300 19, 2001. 767–300 ...... 767–23A0157 ...... Original ...... May 3, 2001.

Alternative Methods of Compliance Issued in Renton, Washington, on July 7, FOR FURTHER INFORMATION CONTACT: (b) In accordance with 14 CFR 39.19, the 2003. Mark Grice, Assistant Division Chief Manager, Seattle Aircraft Certification Office, Ali Bahrami, (Processing), National Processing FAA, is authorized to approve alternative Acting Manager, Transport Airplane Center, U.S. Census Bureau, 1201 East methods of compliance for this AD. Directorate, Aircraft Certification Service. 10th Street, Room 247, Building 66, Incorporation by Reference [FR Doc. 03–17693 Filed 7–17–03; 8:45 am] Jeffersonville, IN 47132, by telephone BILLING CODE 4910–13–P on (812) 218–3579, or by fax on (812) (c) The actions shall be done in accordance 218–3293. with the applicable Boeing alert service bulletin listed in Table 3 of this AD, as SUPPLEMENTARY INFORMATION: DEPARTMENT OF COMMERCE follows: Background Bureau of the Census TABLE 3.—SERVICE BULLETINS The age and citizenship searching service is a self-supporting operation of Service bulletin Date 15 CFR Parts 50 and 80 the Census Bureau in accordance with [Docket Number 010828220–3161–02] Title 31, United States Code, Section 767–23A0147, including April 6, 2000. 9701. Under this statute, all expenses Appendix A. RIN 0607–AA24 incurred in the retrieval of personal 767–23A0154 ...... March 15, 2001. Amendments to Age Search information from decennial census 767–23A0155, including March 29, 2001. records and the preparation of census Appendix A. Procedures transcripts are covered by fees paid by 767–23A0156, including April 19, 2001. AGENCY Appendix A. : Bureau of the Census, individuals who request this service. 767–23A0157 ...... May 3, 2001. Department of Commerce. The Age Search census transcript ACTION: Notice of final rulemaking. provides proof of age to qualify This incorporation by reference was individuals for social security or other approved by the Director of the Federal SUMMARY: The Bureau of the Census retirements benefits, proof of citizenship Register in accordance with 5 U.S.C. 552(a) (Census Bureau) is issuing this final rule to obtain passports, proof of family and 1 CFR part 51. Copies may be obtained to clarify and revise the general relationships for rights of inheritance, or from Boeing Commercial Airplane Group, information requirements pertaining to to satisfy other situations where a birth P.O. Box 3707, Seattle, Washington 98124– its Age Search Program. The Census certificate is required but not available. 2207. Copies may be inspected at the FAA, Bureau is making these clarifications to Census records also are considered a Transport Airplane Directorate, 1601 Lind ensure that there are no valuable tool for genealogical research. Avenue, SW., Renton, Washington; or at the misunderstandings about the program The 1910 through 2000 censuses in Office of the Federal Register, 800 North requirements as a result of ambiguous custody of the Census Bureau are Capitol Street, NW., suite 700, Washington, language. The intent of the Census confidential and protected from DC. Bureau in taking these actions is to disclosure by Title 13, United States Effective Date clarify and revise processing Code. (d) This amendment becomes effective on requirements and legal restrictions. On September 17, 2001 (66 FR 48013), August 4, 2003. EFFECTIVE DATE: August 18, 2003. the Census Bureau published in the

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Federal Register a notice of proposed 15 CFR Part 80 accepted only if it contains the rulemaking and request for comment on Census data, Population census, information necessary to complete a the subject. The Census Bureau did not Statistics. Form BC–600. No application will be receive any public comments. ■ For reasons set out in the preamble, 15 processed without payment of the required fee as set forth in 15 CFR 50.5. Program Requirements CFR parts 50 and 80 are amended as follows: * * * * * In order to clarify and update the (g) Census information will not be general rules applying to the Age Search PART 50—SPECIAL SERVICES AND furnished to another person unless the Program, the Census Bureau is making STUDIES BY THE BUREAU OF THE person to whom the information relates the following four amendments to Title CENSUS authorizes such release in the space 15, Code of Federal Regulations (CFR), provided on the Form BC–600. ■ 1. The authority citation for 15 CFR parts 50 and 80: Dated: July 14, 2003. • part 50 continues to read as follows: Amend Section 50.1 to change the Charles Louis Kincannon, time frame from 120 days to 90 days for Authority: Sec. 3, 49 Stat. 293, as amended; and 15 U.S.C. 192a. Interprets or Director, Bureau of the Census. submitting any required additional applies Sec. 1, 40 Stat. 1256, as amended; [FR Doc. 03–18264 Filed 7–17–03; 8:45 am] information after completing an initial, Sec. 1, 49 Stat. 292; Sec. 8, 60 Stat. 1013, as BILLING CODE 3510–07–P unsuccessful search. This change is amended; 15 U.S.C. 192, 189a; and 13 U.S.C. consistent with current policy on the 8. issue. ■ 2. Amend § 50.1 by revising paragraph • DEPARTMENT OF HOMELAND Amend Section 50.5 to update the (d) to read as follows: SECURITY note following the chart on the fee structure. The Census Bureau has not § 50.1 General. Bureau of Customs and Border had a fee increase since 1993. * * * * * Protection • Amend Section 80.1 to clarify the (d) If a search is unsuccessful and procedures for releasing census additional information for a further 19 CFR Part 101 information. This change is consistent search is requested by the Census [CBP Dec. 03—08] with current policy on the issue. Bureau, such information must be • received within 90 days of the request Amend Section 80.1 to reflect the or the case will be considered closed. Expansion of the Port Limits of current address. Additional information received after 90 Portland, ME Regulatory Flexibility Act days must be accompanied by a new fee AGENCY: Customs and Border Protection, and will be considered a new request. Homeland Security. The Chief Counsel for Regulation of ■ 3. Amend § 50.5 by revising the ACTION: Final rule. the Department of Commerce certified following note on the chart to read as to the Chief Counsel for Advocacy of the follows: SUMMARY: This document amends the Small Business Administration that this § 50.5 Fee structure for age search and Customs Regulations pertaining to the rule would not have a significant field organization of Customs by economic impact on a substantial citizenship information. * * * * * extending the geographical limits of the number of small entities. The factual port of entry of Portland, Maine, to basis for this certification was published Note. —The $10.00 for each full schedule include the City of Auburn, Maine. This with the proposed rule. No comments requested is in addition to the $40.00 change is being made to provide better were received regarding the economic transcript fee. service to carriers, importers, and the impact of this rule. As a result, no final general public. regulatory flexibility analysis was PART 80—FURNISHING PERSONAL EFFECTIVE DATE: August 18, 2003. prepared. CENSUS DATA FROM CENSUS OF POPULATION SCHEDULES FOR FURTHER INFORMATION CONTACT: John Executive Orders P. Wagner, Office of Field Operations, ■ 1. The authority citation for 15 CFR This rule has been determined to be (202) 927–3825. part 80 continues to read as follows: not significant for purposes of Executive SUPPLEMENTARY INFORMATION: Authority: Sec. 1, Pub. L. 83–1158, and 68 Order 12866. This rule does not contain Background policies with federalism implications as Stat. 1013 (13 U.S.C. 8). that term is defined in Executive Order ■ 2. Amend § 80.1 by revising A Notice of Proposed Rulemaking was 13132. paragraphs (c) and (g) to read as follows: published in the Federal Register (68 FR 1172) on January 9, 2003, which Paperwork Reduction Act § 80.1 General requirements. proposed to amend § 101.3(b)(1), This notice contains a collection of * * * * * Customs Regulations (19 CFR information requirements subject to the (c) Requests for information from 101.3(b)(1)), to extend the geographical Paperwork Reduction Act. The Form decennial census of population records limits of the port of entry of Portland, BC–600, referenced in the amended (herein ‘‘Census Information’’) should Maine, to include the City of Auburn in language for section 80.1, has been be made available on Form BC–600, order to provide better service to cleared under OMB control number which is available from offices at the carriers, importers, and the general 0607–0117. Census Bureau in Suitland, Maryland public. The proposal was made in order 20233, and Jeffersonville, Indiana to include the City of Auburn within the List of Subjects 47131; all county courthouses; Social port limits to facilitate the clearance of 15 CFR Part 50 Security Administration field offices; international cargo at the Auburn post offices; and Immigration and Intermodal Facility (‘‘AIF’’). AIF is a Census data, Population census, Naturalization Service offices. A letter rail/truck intermodal facility with a high Statistics. request—without Form BC–600—will be cube, doublestack intermodal terminal.

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Analysis of Comments Regulatory Flexibility Act (5 U.S.C.601 Border Protection (CBP) by establishing Three comments were received in et. seq.). Agency organization matters a new port of entry at Fargo, North response to the proposal. AlI three such as this port expansion are not Dakota. The new port of entry includes comments strongly supported the subject to Executive Order 12866. Hector International Airport, located in the city of Fargo, Cass County, North inclusion of the City of Auburn in the Drafting Information port of Portland, Maine, for the Dakota, which is currently operated as The principal author of this document purposes of international trade a user-fee airport; and a portion of Clay was Janet L. Johnson, Regulations facilitation and of expanded economic County in Minnesota. This change will development in the Auburn area. Branch. However, personnel from other assist CBP in its continuing efforts to According to the comments, the AIF offices participated in its development. provide better service to carriers, will afford the Bureau of Customs and List of Subjects in 19 CFR Part 101 importers, and the general public. Border Protection (CBP) great flexibility EFFECTIVE DATE: August 18, 2003. Customs duties and inspection, in protecting our borders against FOR FURTHER INFORMATION CONTACT: Exports, Imports, Organization and terrorist activities when conducting Richard L. Balaban, Mission Support, functions (Government agencies). examinations and clearance of cargo Office of Field Operations, Bureau of entering the United States. The Amendment to the Regulations Customs and Border Protection, (202) expansion of the port of Portland will 927–0031. ■ For the reasons set forth above, 19 CFR also help to eliminate needless truck SUPPLEMENTARY INFORMATION: part 101 of the Customs Regulations is traffic on the highway system by amended as set forth below. allowing examinations and clearance Background closest to the point of entry. Trucks will PART 101—GENERAL PROVISIONS As part of its continuing efforts to no longer need to travel further in provide better service to carriers, bound to be examined. These benefits ■ 1. The general authority citation for importers, and the general public, on are in addition to the economic boost part 101 and the specific authority December 2, 2002, Customs (then under which is expected to occur as a result citation for § 101.3 continue to read as the Department of the Treasury) of the port expansion. follows: published a document in the Federal Register (67 FR 71510) that proposed to Conclusion Authority: 5 U.S.C. 301, 19 U.S.C. 2, 66, 1202 (General Note 23, Harmonized Tariff amend parts 101 and 122 of the Customs CBP believes that the expansion of the Schedule of the United States), 1623, 1624, Regulations (19 CFR parts 101 and 122) port of Portland, Maine, to include the and 1646a. Sections 101.3 and 101.4 also to establish a port of entry at Fargo, City of Auburn is a positive step in the issued under 19 U.S.C. 1 and 58b. North Dakota, to include Hector facilitation of the processing of * * * * * International Airport, located in the city international cargo. Accordingly, CBP ■ 2. In the list of ports in § 101.3(b)(1), of Fargo, Cass County, North Dakota, has decided to proceed with the under the state of Maine, the ‘‘Limits of which is currently operated as a user-fee proposed expansion. port’’ column adjacent to ‘‘Portland’’ in airport, and, accordingly, to remove Hector International Airport as a user- New Port Limits the ‘‘Ports of entry’’ column is amended by removing the citation ‘‘E.O. 9297, Feb. fee airport. As well as including Hector The port limits of the port of entry of 1, 1943 (8 FR 1479)’’ and by adding in International Airport, the port limits of Portland, Maine, are expanded to its place ‘‘CBP Dec. 03–08’’. Fargo were also proposed to include a include the City of Auburn. The portion of Clay County in Minnesota. territory included in the port of Portland Robert C. Bonner, The proposed change of status for is as follows: Commissioner, Customs and Border Hector International Airport from a Portland, Maine and the territory Protection. user-fee airport to being included within embracing the municipalities of Dated: July 14, 2003. the boundaries of a port of entry would Auburn, South Portland, Falmouth, and Tom Ridge, subject the airport to the passenger Cape Elizabeth, in the State of Maine, Secretary, Department of Homeland Security. processing fee provided for at 19 U.S.C. and Peak, Long, Cliff, Cushing and [FR Doc. 03–18172 Filed 7–17–03; 8:45 am] 58c(a)(5)(B). Diamond Islands, in the State of Maine. BILLING CODE 4820–02–P The proposal to establish Fargo, North Authority Dakota as a port of entry was based on Customs analysis of the following This change is being made under the DEPARTMENT OF HOMELAND information: authority of 5 U.S.C. 301 and 19 U.S.C. SECURITY 1. Fargo is serviced by three modes of 2, 66 and 1624. transportation: Regulatory Flexibility Act and Bureau of Customs and Border (a) rail (the Burlington Northern Santa Executive Order 12866 Protection Fe railroad); (b) air (at Hector International Airport, CBP establishes, expands and 19 CFR Parts 101 and 122 two passenger carriers (Northwest and consolidates CBP ports of entry United Express) and five courier- throughout the United States to [CBP Dec. 03–09] delivery carriers (Air Bourne Express, accommodate the volume of CBP-related Corporate Express, DHL, FED EX, and activity in various parts of the country. Customs and Border Protection Field Organization; Fargo, ND UPS)); and Although a notice was issued for public (c) highway (two U.S. interstate comment on this subject matter, because AGENCY: Customs and Border Protection, highways: I–29 and I–94); this document relates to agency Homeland Security. 2. The Fargo, North Dakota area has management and organization, it is not ACTION: Final rule. a population of approximately 175,000, subject to the notice and procedure with the potential to increase even requirements of 5 U.S.C. 553. SUMMARY: This document amends the further; Accordingly, this document is not Customs Regulations pertaining to the 3. Regarding the five actual or subject to the provisions of the field organization of Customs and potential workload criteria:

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(a) Hector International Airport had port of entry status of Fargo after the Conclusion 2,911 international air passengers for FY one-year conditional status period, After further review and 2001, an increase of 61% over FY 2000; Hector International Airport’s status consideration of this matter, CBP has (b) Hector International Airport had should automatically be reverted back to determined that a port of entry will be 151 formal consumption entries for FY a user-fee airport. The commenter stated established at Fargo—with the 2001, with no single company that it was concerned that there could geographical limits of the port of entry accounting for more than half of the be a lapse in Customs services if the modified as discussed in this projected entries; and reapplication language contained in the document—and that Hector (c) Hector International Airport had Notice was strictly followed. The International Airport, because it is 814 scheduled international aircraft commenter further stated that Customs within the limits of this port of entry, arrivals for FY 2001, an increase of 65% and the airport authority could will no longer be designated as a user- over FY 2000. coordinate any transition procedures. fee airport. This document amends the Customs believed that significant CBP Response Customs Regulations to reflect this benefits would be provided to the North determination. It is noted that the Dakota business community by creating CBP concurs with this comment. designation of Fargo as a port of entry a port of entry at Fargo and that the cost Accordingly, the terms and conditions is on a conditional basis for one year. If, of providing the services of one full- in the Memorandum of Agreement after a year, it is determined that Fargo time and one part-time Customs official between CBP and the airport authority does not merit port of entry status, a would be minimal to the Federal will provide for the procedure by which new document will be prepared for the Government. the airport may again be designated as a user fee airport, should its status as a Federal Register removing Fargo’s Conditional Status port of entry be terminated. designation. Based on the information above and Comment Limits of Port of Entry Limits the level and pace of development in The description of the geographical the Fargo area, Customs believed that The same commenter stated that the limits of the Fargo port of entry is as there was sufficient justification for the description of the proposed port of entry follows: establishment of Fargo, North Dakota, as limits needed to be adjusted to include more of the Fargo-area community in In Cass County, North Dakota: a port of entry on a conditional basis. Northern boundary, Cass County North Dakota and less of the Clay In the Notice, Customs stated that if highway 20, County area in Minnesota. According to it is decided to create a port of entry at Southern boundary, an east-west line the commenter, the revised geographical Fargo and to terminate Hector in accordance with 64th Avenue South limits for the new Fargo port of entry International Airport’s designation as a in Fargo, North Dakota, and user-fee airport, Customs will notify the would more accurately reflect the area Western boundary, a north-south line airport of that determination in served by Fargo’s processing facilities represented by 25th Street south of the accordance with the provisions of 19 and Customs personnel. Accordingly, intersection of U.S. Interstate 29 and CFR 122.15(c). However, it was also the commenter stated that the port of U.S. 10 and 26th Street north of the noted that the proposal relied on limit boundaries be established as intersection of U.S. Interstate 29 and potential, rather than actual, workload follows: U.S. 10 in West Fargo. figures. Therefore, even if the proposed Eastern boundary—The proposed In Clay County, Minnesota: port of entry designation were adopted Eastern boundary of the port of entry in Northern boundary, Clay County as a final rule, Customs would review Clay County, Minnesota, needs to be highway 22. the actual workload generated within moved west from Clay County highway Southern boundary, an east-west line the new port of entry in one year. If that 11 to a north-south line represented by in accordance with 64th Avenue South review indicated that the actual Clay County Road 78 south of U.S. 10 in Fargo, Cass County, North Dakota, workload was below the port of entry and Clay County Road 90 north of U.S. and criteria established in T.D. 82–37, as 10; Eastern boundary, a north-south line revised by T.D. 86–14, procedures may Southern boundary—The proposed represented by Clay County Road 78 be instituted to revoke the port of entry Southern boundary of the port of entry south of U.S. 10 and Clay County Road status. In such case, the airport could in both North Dakota and Minnesota 90 north of U.S. 10. needs to be extended south from U.S. reapply to become a user-fee airport Authority under the provisions of 19 U.S.C. 58b. Interstate 94 to an east-west line that is The public comment period for the in accordance with 64th Avenue South This amendment is promulgated proposed amendments closed January in Fargo, North Dakota; and pursuant to Customs authority under 5 31, 2003. Western boundary—The proposed U.S.C. 301 and 19 U.S.C. 2, 66, and On March 1, 2003, the U.S. Customs Western boundary of the port of entry in 1624. Cass County, North Dakota, needs to be Service was transferred from the Inapplicability of the Regulatory extended west from U.S. Interstate 29 in Department of the Treasury to the Flexibility Act and Executive Order Fargo to a north-south line represented Department of Homeland Security, and 12866 was redesignated as the Bureau of by 25th Street south of the intersection Customs and Border Protection (CBP). of U.S. Interstate 29 and U.S. 10 and Although Customs solicited public 26th Street north of the intersection of comments, no notice and public Discussion of Comments U.S. Interstate 29 and U.S. 10 in West procedure was required pursuant to 5 One comment was received that was Fargo. U.S.C. 553 because this matter relates to favorable to the establishment of Fargo agency management and organization. CBP Response as a port of entry. Accordingly, this document is not CBP concurs with this comment. subject to the provisions of the Comment Accordingly, the description of the Regulatory Flexibility Act (5 U.S.C. 601 The commenter requested that, geographical limits of the port of entry et seq.). Further, matters involving should Customs (now CBP) revoke the is revised as stated by the commenter. agency management and organization

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are not subject to Executive Order Dated: July 14, 2003. DEPARTMENT OF HEALTH AND 12866. Robert C. Bonner, HUMAN SERVICES Drafting Information Commissioner, Customs and Border Protection. Food and Drug Administration The principal author of this document Tom Ridge, was Gregory R. Vilders, Attorney, Office 21 CFR Parts 556 and 558 of Regulations and Rulings, Regulations Secretary, Department of Homeland Security. Branch. However, personnel from other [FR Doc. 03–18174 Filed 7–17–03; 8:45 am] New Animal Drugs; Laidlomycin BILLING CODE 4820–02–P offices participated in its development. AGENCY: Food and Drug Administration, List of Subjects in 19 CFR Part 101 HHS. ACTION: Final rule. Customs duties and inspection, DEPARTMENT OF HEALTH AND Customs ports of entry, Exports, SUMMARY: The Food and Drug Imports, Organization and functions HUMAN SERVICES Administration (FDA) is amending the (Government agencies), Reporting and animal drug regulations to reflect Food and Drug Administration recordkeeping requirements, Shipments, approval of a supplemental new animal User fee facilities. drug application (NADA) filed by 21 CFR Part 522 119 CFR Part 122 Alpharma Inc. The supplemental NADA Implantation or Injectable Dosage provides for the establishment of a Administrative practice and tolerance for residues of laidlomycin in Form New Animal Drugs; Change of procedure, Air carriers, Aircraft, cattle liver. The previously established Sponsor; Correction Airports, Air transportation, acceptable daily intake (ADI) for total Commercial aircraft, Customs duties residues of laidlomycin is also being AGENCY: Food and Drug Administration, and inspection, Freight, Imports, codified. Organization and functions HHS. DATES: This rule is effective July 18, (Government agencies), Reporting and ACTION: Final rule; correction. recordkeeping requirements. 2003. FOR FURTHER INFORMATION CONTACT: Eric Amendments to the Regulations SUMMARY: The Food and Drug Administration (FDA) is correcting a S. Dubbin, Center for Veterinary ■ Medicine (HFV–126), Food and Drug For the reasons stated above, parts 101 final rule that appeared in the Federal Administration, 7500 Standish Pl., and 122 of the Customs Regulations (19 Register of June 10, 2003 (68 FR 34533). Rockville, MD 20855, 301–827–0232, e- CFR parts 101 and 122) are amended as The document amended the animal set forth below: mail: [email protected]. drug regulations to reflect a change of SUPPLEMENTARY INFORMATION: sponsor for two approved new animal Alpharma PART 101—GENERAL PROVISIONS Inc., One Executive Dr., P.O. Box 1399, drug applications (NADAs) from Fort Lee, NJ 07024, filed a supplement ■ 1. The general authority citation for Anthony Products Co. to Cross to NADA 141–025 for use of CATTLYST part 101 and specific authority citation Vetpharm Group Ltd. The document for § 101.3 continue to read as follows: (laidlomycin propionate potassium) was published with an error. This Type A medicated articles used to Authority: 5 U.S.C. 301; 19 U.S.C. 2, 66, document corrects that error. formulate Type C medicated feeds for 1202 (General Note 23, Harmonized Tariff cattle. The supplemental NADA Schedule of the United States), 1623, 1624, EFFECTIVE DATE: July 18, 2003. provides for the establishment of a 1646a; Sections 101.3 and 101.4 also issued FOR FURTHER INFORMATION CONTACT: under 19 U.S.C. 1 and 58b; tolerance for residues of laidlomycin in Joyce A. Strong, Office of Policy (HF– cattle livers. FDA is also taking this * * * * * 27), Food and Drug Administration, opportunity to codify the previously ■ 2. In § 101.3, the list of ports in 5600 Fishers Lane, Rockville, MD established ADI for total residues of paragraph (b)(1) is amended by adding, 20857, 301–827–7010. laidlomycin. The supplemental NADA in alphabetical order, under the State of SUPPLEMENTARY INFORMATION: In the FR is approved as of May 12, 2003, and North Dakota, ‘‘Fargo’’ in the ‘‘Ports of parts 556 and 558 (21 CFR parts 556 and entry’’ column and ‘‘CBP Dec. 03–’’ in Doc. 03–14547, appearing on page 34533 in the Federal Register of 558) are amended by adding new the adjacent ‘‘Limits of port’’ column. § 556.346 and by revising § 558.305. The Tuesday, June 10, 2003, the following basis of approval is discussed in the PART 122—AIR COMMERCE correction is made: freedom of information summary. REGULATIONS § 522.1696b [Corrected] In accordance with the freedom of ■ 3. The general authority citation for information provisions of 21 CFR part ■ 1. On page 34534, in the second part 122 continues to read as follows: 20 and 21 CFR 514.11(e)(2)(ii), a column, the last line in the amendatory summary of safety and effectiveness Authority: 5 U.S.C. 301; 19 U.S.C. 58b, 66, language for § 522.1696b Penicillin G data and information submitted to 1431, 1433, 1436, 1448, 1459, 1590, 1594, procaine aqueous suspension is support approval of this application 1623, 1624, 1644, 1644a: corrected to read ‘‘010515, 053501, may be seen in the Dockets Management * * * * * 059130, and 61623’’. Branch (HFA–305), Food and Drug ■ 4. In § 122.15, the list of user fee Administration, 5630 Fishers Lane, rm. Dated: July 7, 2003. airports in paragraph (b) is amended by 1061, Rockville, MD 20852, between 9 removing ‘‘Fargo, North Dakota’’ in the Stephen F. Sundlof, a.m. and 4 p.m., Monday through column headed ‘‘Location’’ and, on the Director, Center for Veterinary Medicine. Friday. same line, by removing ‘‘Hector [FR Doc. 03–18161 Filed 7–17–03; 8:45 am] The agency has determined under 21 International Airport’’ in the column BILLING CODE 4160–01–S CFR 25.33(a)(1) that this action is of a headed ‘‘Name’’. type that does not individually or

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cumulatively have a significant effect on DEPARTMENT OF THE TREASURY attributes in an amount that reflects the the human environment. Therefore, amount excluded from gross income, neither an environmental assessment Internal Revenue Service thereby generally deferring, rather than nor an environmental impact statement permanently eliminating, the inclusion is required. 26 CFR Part 1 of COD income. Section 108(b)(2) This rule does not meet the definition [TD 9080] requires the reduction of the following of ‘‘rule’’ in 5 U.S.C. 804(3)(A) because tax attributes of the taxpayer in the it is a rule of ‘‘particular applicability.’’ RIN 1545–BC47 following order: (A) Net operating Therefore, it is not subject to the losses; (B) general business credits; (C) Reduction of Tax Attributes Due to congressional review requirements in 5 minimum tax credits; (D) capital loss Discharge of Indebtedness U.S.C. 801–808. carryovers; (E) adjusted basis of List of Subjects AGENCY: Internal Revenue Service (IRS), property; (F) passive activity losses and Treasury. credit carryovers; and (G) foreign tax 21 CFR Part 556 ACTION: Final and temporary credit carryovers. Section 108(b)(4)(A) Animal drugs, Foods. regulations. provides that the reductions are made after the determination of the tax 21 CFR Part 558 SUMMARY: This document contains imposed for the taxable year of the Animal drugs, Animal feeds. regulations relating to the reduction of discharge. Section 108(b)(4)(B) provides ■ Therefore, under the Federal Food, tax attributes under sections 108 and that the reductions of net operating Drug, and Cosmetic Act and under 1017 of the Internal Revenue Code. losses and capital loss carryovers are authority delegated to the Commissioner These temporary regulations affect made first in the loss for the taxable year of Food and Drugs and redelegated to the taxpayers that exclude discharge of of the discharge and then in the Center for Veterinary Medicine, 21 CFR indebtedness income from gross income carryovers to such taxable year in the parts 556 and 558 are amended as under section 108. The text of the order of the taxable years from which follows: temporary regulations also serves as the each such carryover arose. If the text of the proposed regulations set forth excluded COD income exceeds the sum PART 556–TOLERANCES FOR in the notice of proposed rulemaking on of the taxpayer’s tax attributes, the RESIDUES OF NEW ANIMAL DRUGS this subject in the Proposed Rules excess is disregarded such that it does IN FOOD section in this issue of the Federal not result in income or have other tax Register. consequences. See H.R. Rep. No. 96– ■ 1. The authority citation for 21 CFR 833, at 11 (1980). part 556 continues to read as follows: DATES: Effective Date: These temporary regulations are effective July 17, 2003. Instead of reducing tax attributes in Authority: 21 U.S.C. 342, 360b, 371. Applicability Date: These temporary the order set forth in section 108(b)(2), a taxpayer may elect under section ■ 2. Section 556.346 is added to read as regulations apply to discharges of 108(b)(5) to reduce first the adjusted follows: indebtedness occurring after July 17, 2003. bases of depreciable property to the § 556.346 Laidlomycin. extent of the excluded COD income. The FOR FURTHER INFORMATION CONTACT: amount to which the election applies is (a) Acceptable daily intake (ADI). The Theresa M. Kolish (202) 622–7930 of the ADI for total residues of laidlomycin is limited to the aggregate adjusted basis of Office of the Associate Chief Counsel the depreciable property held by the 7.5 micrograms per kilogram of body (Corporate) (not a toll-free number). weight per day. taxpayer as of the beginning of the (b) Tolerance. The tolerance for SUPPLEMENTARY INFORMATION: taxable year following the taxable year parent laidlomycin (the marker residue) Background in which the discharge occurs. If the in the liver (the target tissue) of cattle is adjusted bases of depreciable property 0.2 part per million (ppm). The Debt Discharge Rules are insufficient to offset the entire Pursuant to section 61(a)(12), gross amount of excluded COD income, the PART 558—NEW ANIMAL DRUGS FOR income includes income from the taxpayer must then reduce any USE IN ANIMAL FEEDS discharge of indebtedness (COD remaining tax attributes in the order set income). Section 108(a)(1), which forth in section 108(b)(2). Congress ■ 3. The authority citation for 21 CFR reflects the amendments enacted in the intended the election under section part 558 continues to read as follows: Bankruptcy Tax Act of 1980, Public Law 108(b)(5) to allow debtors, including Authority: 21 U.S.C. 360b, 371. 96–589, section 2, 94 Stat. 3389 (1980) debtors in bankruptcy, to account for a debt discharge amount in a manner ■ 4. Section 558.305 is amended by (1980–2 C.B. 607), however, provides most favorable to their tax situations. redesignating paragraphs (c) and (d) as that, where the discharge occurs in a See S. Rep. No. 96–1035, at 10 (1980); paragraphs (d) and (e); and by adding title 11 case, where the taxpayer is H.R. Rep. No. 96–833, at 9 (1980). new paragraph (c) to read as follows: insolvent, or where the indebtedness is ‘‘qualified farm indebtedness’’ or Section 1017(a) provides that when § 558.305 Laidlomycin. ‘‘qualified real property business any portion of COD income excluded * * * * * indebtedness,’’ gross income does not from gross income under section 108(a) (c) Tolerances. See § 556.346 of this include any amount that otherwise is to be applied to reduce basis, then chapter. would be includible in gross income by such portion shall be applied to reduce * * * * * reason of that discharge (in whole or in the basis of any property held by the part) of the indebtedness of the taxpayer at the beginning of the taxable Dated: July 7, 2003. taxpayer. year following the taxable year in which Stephen F. Sundlof, Although section 108(a) excludes the discharge occurs. Section 1017(b)(1) Director, Center for Veterinary Medicine. COD income from gross income under provides that the amount of reduction [FR Doc. 03–18162 Filed 7–17–03; 8:45 am] those circumstances, section 108(b) under section 1017(a), and the BILLING CODE 4160–01–S requires the reduction of certain tax particular properties the bases of which

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are to be reduced, shall be determined loss carryovers, the regulations under attributes.’’ S. Rep. No. 96–1035, at 14 under regulations. section 381 reflect that the acquiring (1980); H. Rep. No. 96–833, at 11 (1980). corporation succeeds to only those Without this rule, a circular calculation The Reorganization Rules carryovers that remain after the could be required. The taxpayer’s net Section 368(a)(1) defines a application of sections 172 and 1212 operating loss for the year of the reorganization to include certain types and their carryforward and carryback discharge of indebtedness might be of asset acquisitions. Under section 361, provisions. See §§ 1.381(c)(1)–1; based in part on the amount of cost a corporation that is a party to a 1.381(c)(3)–1. Furthermore, those recovery deductions allowed to the reorganization recognizes neither gain regulations provide that the acquiring taxpayer. The amount of cost recovery nor loss when it exchanges property, in corporation succeeds to only those deductions, however, would depend on pursuance of the plan of reorganization, general business credits that remain the taxpayer’s basis in its depreciable or solely for stock or securities in another unused by the transferor corporation amortizable property at the end of the corporation that is a party to the after computing its taxable income for year. Because net operating losses are reorganization. If the corporation the year of the transfer. See reduced by excluded COD income prior receives in the exchange not only stock § 1.381(c)(23)–1. Section 381(b)(1) to the reduction of asset basis absent an or securities permitted to be received provides that, except in the case of an election under section 108(b)(5), the without the recognition of gain, but also acquisition in connection with a amount of basis required to be reduced other property or money, then the reorganization described in section would depend on the amount of net corporation may be required to 368(a)(1)(F), the taxable year of the operating losses. Reducing the basis of recognize gain. Under section 362(b), if distributor or transferor corporation property held by the taxpayer at the property is acquired by a corporation in ends on the date of distribution or beginning of the taxable year following connection with a reorganization, then transfer. the taxable year in which the discharge the basis is the same as it would be in occurs avoids this circularity. the hands of the transferor, increased by Interaction Between Debt Discharge and The position that sections 108 and the amount of gain recognized to the Reorganization Rules 1017 require the reduction of attributes, transferor on such transfer. Questions have arisen regarding the including the basis of transferred assets, Section 332(a) provides that a application of the attribute reduction in cases where the debtor’s taxable year corporation recognizes no gain or loss rules of sections 108 and 1017 when a ends with a transfer of assets in a on the receipt of property distributed in transaction described in section 381(a) transaction described in section 381 is complete liquidation of another ends a taxable year in which the consistent with the policies underlying corporation. Section 337(a) provides transferor excludes COD income from sections 108 and 1017 and the corporate that a liquidating corporation recognizes gross income. If section 108(b)(4)(A) and reorganization provisions, including no gain or loss on the distribution to the section 1017 were interpreted to require ‘‘deferring, but eventually collecting 80-percent distributee of any property in attribute reduction to occur after the within a reasonable period, tax on a complete liquidation to which section close of the taxable year of discharge ordinary income realized from debt 332 applies. Under section 334(b)(1), if and after the transfer of assets and discharge.’’ S. Rep. No. 96–1035, at 10 property is received by a corporate carryover of items described in section (1980). For example, assume that a debt distributee in a distribution in a 381(c), then arguably no attributes of corporation X is discharged in a title complete liquidation to which section described in section 108(b)(2) would be 11 case. X’s attributes described in 332 applies, the basis of such property available for reduction. section 108(b)(2) consist solely of basis in the hands of such distributee is the Explanation of Provisions in property. As part of a plan of same as it would be in the hands of the reorganization, X transfers all of its transferor. However, in any case in The IRS and Treasury Department assets to a newly formed corporation, Y. which gain or loss is recognized by the believe that the rule of section Under section 368(a)(3)(C), even though liquidating corporation with respect to 108(b)(4)(A) prescribes an ordering of the transaction also qualifies as a such property, the basis of such calculations. First, section 108(b)(4)(A) reorganization under section property in the hands of such requires a determination of the 368(a)(1)(F), the transaction is treated as distributee is the fair market value of the taxpayer’s tax for the taxable year of qualifying as a reorganization only property at the time of the distribution. discharge in order to identify the under section 368(a)(1)(G). If sections Section 381 provides that a amounts, if any, of the tax attributes 108 and 1017 were interpreted to not corporation that acquires the assets of described in section 108(b)(2) that require a reduction of the bases of the another corporation in a distribution to remain available for reduction. Second, property transferred, X would which section 332 applies or in a section 108(b)(4)(A) requires the permanently exclude from gross income transfer to which section 361 applies reduction of those attributes. This the COD income, notwithstanding that (but only if the transfer is in connection ordering rule affords the taxpayer the X underwent nothing more than a mere with certain reorganizations described use of certain of its tax attributes change in identity, form, or place of in sections 368(a)(1)(A), (C), (D), (F), or described in section 108(b)(2), including organization. Accordingly, consistent (G)) shall succeed to, and take into any losses carried forward to the taxable with the legislative history of the account, as of the close of the day of year of discharge, for purposes of Bankruptcy Tax Act of 1980, the IRS distribution or transfer, the items determining its tax for the taxable year and Treasury Department believe that described in section 381(c) of the of discharge, before subjecting those the basis reduction rules of sections 108 distributor or transferor corporation, attributes to reduction. and 1017 apply to property of a debtor subject to certain conditions and Similarly, the IRS and Treasury transferred in a transaction described in limitations. Among those items believe that the rule of section 1017 section 381(a). described in section 381(c) are net prescribes an ordering of calculations. The legislative history of the operating loss carryovers, capital loss The Bankruptcy Tax Act of 1980 reflects Bankruptcy Tax Act of 1980 reflects that carryovers, general business credits, and that Congress enacted the rule of section Congress specifically anticipated that minimum tax credits. With respect to 1017 ‘‘to avoid interaction between amounts that carry over in a transaction net operating loss carryovers and capital basis reduction and reduction of other described in section 381, including the

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basis of transferred property, are to be the determination of tax for the year of § 1.108–7T Reduction of attributes adjusted under the rules of sections 108 the discharge, are available for (temporary). and 1017 to account for excluded COD reduction under section 108(b)(2). (a) In general. (1) If a taxpayer income. See H.R. Rep. No. 96–833, at These temporary regulations also excludes discharge of indebtedness 32–34 (1980). The legislative history clarify that the tax attributes subject to income (COD income) from gross states: reduction under section 108(b)(2) that income under section 108(a)(1)(A), (B), Assume that Corporation A is in a are carryovers to the taxable year of the or (C), then the amount excluded shall bankruptcy case commenced after October 1, discharge, or that may be carried back be applied to reduce the following tax 1979. Immediately prior to a transfer under to taxable years preceding the year of attributes of the taxpayer in the a plan of reorganization, A’s assets have an the discharge, are first taken into following order: adjusted basis of $75,000 and a fair market account by the taxpayer for the taxable (i) Net operating losses. value of $100,000. A has a net operating loss year of the discharge or the preceding (ii) General business credits. carryover of $200,000. A has outstanding years, as the case may be, before such (iii) Minimum tax credits. bonds of $100,000 (on which there is no attributes are reduced pursuant to (iv) Capital loss carryovers. accrued but unpaid interest) and trade debts (v) Basis of property. of $100,000. section 108(b)(2). These temporary regulations apply to (vi) Passive activity loss and credit Under the plan of reorganization, A is to carryovers. transfer all its assets to Corporation B in discharges of indebtedness occurring after July 17, 2003. (vii) Foreign tax credit carryovers. exchange for $100,000 of B stock. (2) The taxpayer may elect under Corporation A will distribute the stock, in exchange for their claims against A, one-half Special Analyses section 108(b)(5), however, to reduce to the security holders and one-half to the It has been determined that these first the basis of depreciable property to trade creditors. A’s shareholders will receive temporary regulations are not a the extent of the excluded COD income. nothing. significant regulatory action as defined If the basis of depreciable property is The transaction would qualify as a in Executive Order 12866. Therefore, a insufficient to offset the entire amount reorganization under new section regulatory assessment is not required. It of the excluded COD income, the 368(a)(1)(G) of the Code, since all the has also been determined that section taxpayer must then reduce any creditors are here treated as proprietors for remaining tax attributes in the order continuity of interest purposes. Thus, A 553(b) of the Administrative Procedures would recognize no gain or loss on the Act (5 U.S.C. chapter 5) does not apply specified in section 108(b)(2). If the transfer of its assets to B (sec. 361). B’s basis to these temporary regulations, and, excluded COD income exceeds the sum in the assets would be $75,000 (sec. 362), and because no preceding notice of of the taxpayer’s tax attributes, the B would succeed to A’s net operating loss proposed rulemaking is required for excess is permanently excluded from carryover (sec. 381). these temporary regulations, the the taxpayer’s gross income. For rules Under the bill, * * * [o]n the distribution provisions of the Regulatory Flexibility relating to basis reductions required by of B stock to A’s trade creditors, A excludes sections 108(b)(2)(E) and 108(b)(5), see from gross income the debt discharge amount Act (5 U.S.C. chapter 6) do not apply. Pursuant to section 7805(f) of the sections 1017 and 1.1017–1. For rules of $50,000—i.e., the difference between the relating to the time and manner for $100,000 debt held by non-security creditors Internal Revenue Code, these temporary and the $50,000 worth of stock given for such regulations will be submitted to the making an election under section debt. A may elect to reduce the basis of its Chief Counsel for Advocacy of the Small 108(b)(5), see § 1.108–4. depreciable assets transferred to B by all or Business Administration for comment (b) Carryovers and carrybacks. The part of the $50,000 debt discharge amount; to on its impact on small business. tax attributes subject to reduction under the extent the election is not made, the debt section 108(b)(2) and paragraph (a)(1) of discharge amount reduces A’s net operating Drafting Information this section that are carryovers to the loss carryover by the remainder of the debt The principal author of these taxable year of the discharge, or that discharge amount. temporary regulations is Theresa M. may be carried back to taxable years H.R. Rep. No. 96–833, at 34 (1980). The Kolish, Office of Associate Chief preceding the year of the discharge, are treatment of the net operating loss and Counsel (Corporate). However, other taken into account by the taxpayer for basis in the legislative history personnel from the IRS and Treasury the taxable year of the discharge or the demonstrates that, in a transaction Department participated in their preceding years, as the case may be, described in section 381, the transferor’s development. before such attributes are reduced attributes, including the basis of pursuant to section 108(b)(2) and transferred property, that carry over to List of Subjects in 26 CFR Part 1 paragraph (a)(1) of this section. the transferee are reduced. Income taxes, Reporting and (c) Transactions to which section 381 Accordingly, these temporary recordkeeping requirements. applies. In the case of a transaction regulations clarify that, in the case of a described in section 381(a) that ends a transaction described in section 381(a) Amendments to the Regulations taxable year in which the distributor or that ends a year in which the distributor ■ Accordingly, 26 CFR part 1 is amended transferor corporation excludes COD or transferor corporation excludes COD as follows: income under section 108(a), any tax income from gross income under section attributes to which the acquiring 108(a), any tax attributes to which the PART 1—INCOME TAXES corporation succeeds and the basis of acquiring corporation succeeds and the ■ Paragraph 1. The authority citation for property acquired by the acquiring basis of property acquired by the part 1 is amended by adding the corporation in the transaction shall acquiring corporation in the transaction following entry in numerical order to reflect the reductions required by shall reflect the reductions required by read as follows: section 108(b). For this purpose, all sections 108 and 1017. For this purpose, attributes listed in section 108(b)(2) of all attributes listed in section 108(b)(2) Authority: 26 U.S.C. 7805 * * * the distributor or transferor corporation of the distributor or transferor Section 1.108–7T also issued under 26 immediately prior to the transaction U.S.C. 108. * * * corporation immediately prior to the described in section 381(a), but after the transaction described in section 381(a), ■ Par. 2. Section 1.108–7T is added to determination of tax for the year of the including the basis of property, but after read as follows: discharge, including basis of property,

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shall be available for reduction under income or loss because its gross income is § 1.1017–1T Basis reductions following a section 108(b)(2). exactly offset by the depreciation deduction. discharge of indebtedness (temporary). (d) Examples. The following examples As a result of the depreciation deduction, X’s (a) Through (b)(3) [Reserved]. For illustrate the application of this section: basis in the asset is reduced by $10,000 to further guidance, see § 1.1017–1(a) $65,000. Pursuant to paragraph (c) of this Example 1. (i) Facts. In Year 4, X, a section, the amount of X’s net operating loss through (b)(3). corporation in a title 11 case, is entitled to which Y succeeds pursuant to section 381 (4) Transactions to which section 381 under section 108(a)(1)(A) to exclude from and the basis of X’s property transferred to applies. In the case of a transaction gross income $100,000 of COD income. For Y must take into account the reductions described in section 381(a) that ends a Year 4, X has gross income in the amount of required by section 108(b). Pursuant to taxable year in which the distributor or $50,000. In each of Years 1 and 2, X had no paragraph (a) of this section, X’s net transferor corporation excludes COD taxable income or loss. In Year 3, X had a net operating loss carryover in the amount of income from gross income under section operating loss of $100,000, the use of which $80,000 is reduced by $80,000 of the COD 108(a), the basis of property acquired by when carried over to Year 4 is not subject to income excluded under section 108(a)(1). In any restrictions other than those of section addition, X’s basis in the asset is reduced by the acquiring corporation in the 172. $20,000, the extent to which the COD income transaction shall reflect the reductions (ii) Analysis. Pursuant to paragraph (b) of excluded under section 108(a)(1) did not required by section 1017 and this this section, X takes into account the net reduce the net operating loss. Accordingly, as section. For this purpose, the basis of operating loss carryover from Year 3 in a result of the reorganization, there is no net property of the distributor or transferor computing its taxable income for Year 4 operating loss to which Y succeeds under corporation immediately prior to the before any portion of the COD income section 381. Pursuant to section 361, X transaction described in section 381(a), excluded under section 108(a)(1)(A) is recognizes no gain or loss on the transfer of but after the determination of tax for the applied to reduce tax attributes. Thus, the its property to Y. Pursuant to section 362(b), amount of the net operating loss carryover Y’s basis in the asset acquired from X is year of the discharge, shall be available that is reduced under section 108(b)(2) and $45,000. for reduction under section 108(b)(2). paragraph (a) of this section is $50,000. Example 4. (i) Facts. The facts are the same See § 1.108–7T. This paragraph (b)(4) Example 2. (i) Facts. The facts are the same as in Example 3, except that X elects under applies to discharges of indebtedness as in Example 1, except that in Year 4 X section 108(b)(5) to reduce first the basis of occurring after July 17, 2003. sustains a net operating loss in the amount its depreciable asset. (c) Through (i) [Reserved]. For further of $100,000. In addition, in each of Years 2 (ii) Analysis. As in Example 3, on the guidance, see § 1.1017–1(c) through (i). and 3, X reported taxable income in the distribution of Y stock to X’s trade creditors, amount of $25,000. under section 108(a)(1)(A), X is entitled to Robert E. Wenzel, (ii) Analysis. Pursuant to paragraph (b) of exclude from gross income the debt discharge Deputy Commissioner for Services and this section and section 172, the net amount of $100,000. In addition, in Year 2, Enforcement. operating loss sustained in Year 4 is carried X has no taxable income or loss because its Approved: July 9, 2003. back to Years 2 and 3 before any portion of gross income is exactly offset by the Pamela F. Olson, the COD income excluded under section depreciation deduction. As a result of the 108(a)(1)(A) is applied to reduce tax depreciation deduction, X’s basis in the asset Assistant Secretary of the Treasury. attributes. Thus, the amount of the net is reduced by $10,000 to $65,000. Pursuant [FR Doc. 03–18145 Filed 7–17–03; 8:45 am] operating loss that is reduced under section to paragraph (c) of this section, the amount BILLING CODE 4830–01–P 108(b)(2) and paragraph (a) of this section is of X’s net operating loss to which Y succeeds $50,000. pursuant to section 381 and the basis of X’s Example 3. (i) Facts. In Year 2, X, a property transferred to Y must take into DEPARTMENT OF THE TREASURY corporation in a title 11 case, has outstanding account the reductions required by section trade debts of $200,000 and a depreciable 108(b). As a result of the election under Internal Revenue Service asset that has an adjusted basis of $75,000 section 108(b)(5), X’s basis in the asset is and a fair market value of $100,000. X has reduced by $65,000 to $0. In addition, X’s net no other assets or liabilities. X has a net operating loss is reduced by $35,000, the 26 CFR Parts 20 and 25 operating loss of $80,000 that is carried over extent to which the amount excluded from to Year 2 but has no general business credit, income under section 108(a)(1)(A) does not [TD 9077] minimum tax credit, or capital loss reduce X’s asset basis. Accordingly, as a carryovers. Under a plan of reorganization, X result of the reorganization, Y succeeds to X’s RIN 1545–AY91 transfers its asset to Corporation Y in net operating loss in the amount of $45,000 exchange for Y stock with a value of under section 381. Pursuant to section 361, Net Gift Treatment Under Section 2519 $100,000. X distributes the Y stock to its X recognizes no gain or loss on the transfer trade creditors in exchange for release of of its property to Y. Pursuant to section AGENCY: Internal Revenue Service (IRS), their claims against X. X’s shareholders 362(b), Y’s basis in the asset acquired from Treasury. receive nothing in the transaction. The X is $0. ACTION: Final regulations. transaction qualifies as a reorganization (e) Effective date. This section applies under section 368(a)(1)(G) that satisfies the to discharges of indebtedness occurring SUMMARY: This document contains final requirements of section 354(a)(1)(A) and (B). after July 17, 2003. regulations relating both to the amount For Year 2, X has gross income of $10,000 treated as a transfer under section 2519 (without regard to any income from the ■ Par. 3. Section 1.1017–1 is amended by discharge of indebtedness) and is allowed a adding paragraph (b)(4) to read as of the Internal Revenue Code when depreciation deduction of $10,000 in respect follows: there is a right to recover gift tax under of the asset. In addition, it generates no section 2207A(b) and to the related gift general business credits. § 1.1017–1 Basis reductions following a and estate tax consequences if the right (ii) Analysis. On the distribution of Y stock discharge of indebtedness. to recover the gift tax is not exercised. to X’s trade creditors, under section * * * * * The final regulations will affect donee 108(a)(1)(A), X is entitled to exclude from (b) * * * spouses who make lifetime dispositions gross income the debt discharge amount of (4) For further guidance, see § 1.1017– of all or part of a qualifying income $100,000. (Under section 108(e)(8), X is 1T(b)(4). interest in qualified terminable interest treated as satisfying $100,000 of the debt owed the trade creditors for $100,000, the fair * * * * * property. market value of the Y stock transferred to ■ Par. 4. Section 1.1017–1T is added to EFFECTIVE DATE: These regulations are those creditors.) In Year 2, X has no taxable read as follows: effective July 18, 2003.

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FOR FURTHER INFORMATION CONTACT: Federal rate and a payment by the also has been determined that section DeAnn K. Malone, (202) 622–7830 (not lender to the borrower. The Treasury 553(b) of the Administrative Procedure a toll-free number). Department and the IRS believe that, in Act (5 U.S.C. chapter 5) does not apply SUPPLEMENTARY INFORMATION: most cases, a reasonable delay in the to these regulations, and because these exercise of the right of recovery will regulations do not impose a collection Background result in a loan without significant tax of information on small entities, the On July 22, 2002, the IRS and the effect under the facts and circumstances Regulatory Flexibility Act (5 U.S.C. Treasury Department published in the test in § 1.7872–5T(c)(3). Accordingly, chapter 6) does not apply. Therefore, a Federal Register (67 FR 47755) a notice these final regulations do not create an Regulatory Flexibility Analysis is not of proposed rulemaking (REG–123345– additional safe harbor for a payment required. Pursuant to section 7805(f) of 01) relating to the amount treated as a received within thirty days of payment the Internal Revenue Code, the transfer under section 2519 of the of the tax. proposed regulations preceding this Internal Revenue Code when there is a The final regulations have been final rule were submitted to the Chief right to recover gift tax under section revised to more completely describe the Counsel for Advocacy of the Small 2207A(b) and the related gift tax interrelation of section 2207A and Business Administration for comment consequences if the right to recover the section 7872. Specifically, the final on their impact on small business. gift tax is not exercised. Written regulations provide that a delay in the Drafting Information comments responding to the notice were exercise of the right of recovery (that is, received. No public hearing was the request for and receipt of the The principal author of these requested or held. This document amount of the tax) will be treated as a regulations is DeAnn K. Malone, Office adopts final regulations with respect to below-market loan if the loan does not of the Chief Counsel, IRS. Other the notice of proposed rulemaking. The provide for the payment of sufficient personnel from the IRS and Treasury principal comments received and interest. Depending on the facts and Department participated in their revisions in response to those comments circumstances as described in § 1.7872– development. are discussed below. 5T(c)(3), a loan arising from the delay List of Subjects may be a loan exempt from the Explanation of Provisions application of section 7872 because it is 26 CFR Part 20 Under the proposed regulations, any a loan the interest arrangements of Estate taxes, Reporting and delay in the exercise of the right of which do not have a significant effect on recordkeeping requirements. recovery was treated as an interest-free any Federal tax liability of the lender or loan with the resulting Federal tax the borrower. The estate tax regulations 26 CFR Part 25 consequences. One commentator under section 2207A are revised to be Gift taxes, Reporting and suggested that the regulations be revised consistent with the gift tax regulations. recordkeeping requirements. to provide a thirty-day safe harbor to In response to a comment, the final ease the administrative burden to regulations clarify that the Adoption of Amendments to the taxpayers and to avoid complex loan enforceability of the right of recovery is Regulations calculations. Accordingly, the determined under applicable law. ■ Accordingly, 26 CFR parts 20 and 25 commentator suggested that section Commentators requested are amended as follows: 7872 would not apply if the transferor simplification of the method of received reimbursement of the amount determining when a right to recovery is PART 20—ESTATE TAX; ESTATES OF of gift tax within thirty days after paying no longer enforceable. One commentator DECEDENTS DYING AFTER AUGUST the tax. suggested adopting a three-year period 16, 1954 Whether a transaction involves a for determining whether or not the right ■ Paragraph 1. The authority citation for below-market loan subject to section of recovery is enforceable, and thus part 20 continues to read in part as 7872 depends on all the facts and whether the gift is complete for gift tax follows: circumstances of the particular case. purposes if the right of recovery is not Section 1.7872–5T(b)(14) of the exercised. The final regulations instead Authority: 26 U.S.C. 7805. * * * Temporary Income Tax Regulations provide that the transferor may waive ■ Par. 2. Section 20.2207A–1 is amended exempts from the application of section the right of recovery thus causing the by removing the last two sentences of 7872 loans the interest arrangements of gift from the transferor to the donee to paragraph (a)(2) and adding three new which the taxpayer is able to show have be complete upon the later of the date sentences in their place to read as no significant effect on any Federal tax of the waiver or the date of the payment follows: liability of the lender or the borrower, of the Federal gift tax. The Treasury as described in § 1.7872–5T(c)(3). Department and the IRS believe that the § 20.2207A–1 Right of recovery of estate Section 1.7872–5T(c)(3) provides that waiver allows for the certainty taxes in the case of certain marital whether a loan is without significant requested by the commentators, and is deduction property. effect is determined according to all of more efficient for a taxpayer who will (a) * * * the facts and circumstances. Among the not exercise the right of recovery (2) * * * The transfer is considered factors to be considered are: (1) Whether because the gift of the unrecovered tax made when the right of recovery is no items of income and deduction can be completed simultaneously with longer enforceable under applicable generated by the loan offset each other; the lifetime disposition of the qualifying law. A delay in the exercise of the right (2) the amount of such items; (3) the income interest. of recovery without payment of cost to the taxpayer of complying with sufficient interest is a below-market the provisions of section 7872 if the Special Analyses loan. Section 1.7872–5T of the section were applied; and (4) any non- It has been determined that these final Temporary Income Tax regulations tax reasons for deciding to structure the regulations are not a significant describes factors that are used to transaction as a below-market loan regulatory action as defined in determine, based on the facts and rather than a loan with interest at a rate Executive Order 12866. Therefore, a circumstances of a particular case, equal to or greater than the applicable regulatory assessment is not required. It whether a loan otherwise subject to

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imputation under section 7872 (relating The additions and revisions read as DEPARTMENT OF HOMELAND to the treatment of below-market loans) follows: SECURITY is exempted from its provisions. § 25.2519–1 Dispositions of certain life Coast Guard * * * * * estates. PART 25—GIFT TAX; GIFTS MADE * * * * * 33 CFR Parts 2, 26, 62, 64, 95, 100, 120, AFTER DECEMBER 31, 1954 (c) * * * (1) * * * See paragraph and 165 (c)(4) of this section for the effect of gift ■ Par. 3. The authority citation for part 46 CFR Parts 7 and 28 25 continues to read in part as follows: tax that the donee spouse is entitled to recover under section 2207A. [USCG–2001–9044] Authority: 26 U.S.C. 7805. * * * * * * * * RIN 1625–AA30 ■ Par. 4. Section 25.2207A–1 is amended (4) Effect of gift tax entitled to be Territorial Seas, Navigable Waters, and by adding the text of paragraph (b) to recovered under section 2207A on the read as follows: Jurisdiction amount of the transfer. The amount § 25.2207A–1 Right of recovery of gift treated as a transfer under paragraph AGENCY: Coast Guard, DHS. taxes in the case of certain marital (c)(1) of this section is further reduced ACTION: Final rule. deduction property. by the amount the donee spouse is SUMMARY: * * * * * entitled to recover under section This rule conforms the Coast Guard’s definitions of jurisdictional (b) Failure of a person to exercise the 2207A(b) (relating to the right to recover terms to existing law. We have made right of recovery. (1) The failure of a gift tax attributable to the remainder these changes so that our regulatory person to exercise a right of recovery interest). If the donee spouse is entitled provided by section 2207A(b) upon a definitions will reflect statutory changes to recover gift tax under section and Presidential proclamations affecting lifetime transfer subject to section 2519 2207A(b), the amount of gift tax is treated as a transfer for Federal gift our jurisdiction. These changes are recoverable and the value of the intended to clarify how the Coast Guard tax purposes of the unrecovered remainder interest treated as transferred amounts to the person(s) from whom the interprets its jurisdiction to enforce under section 2519 are determined by treaties, laws, and regulations of the recovery could have been obtained. See using the same interrelated computation § 25.2511–1. The transfer is considered United States. applicable for other transfers in which to be made when the right to recovery DATES: This final rule is effective August the transferee assumes the gift tax is no longer enforceable under 18, 2003. applicable law and is treated as a gift liability. The gift tax consequences of ADDRESSES: Comments and material even if recovery is impossible. A delay failing to exercise the right of recovery received from the public, as well as in the exercise of the right of recovery are determined separately under documents mentioned in this preamble without payment of sufficient interest is § 25.2207A–1(b). as being available in the docket, are part a below-market loan. Section 1.7872–5T * * * * * of docket USCG–2001–9044 and are of this chapter describes factors that are (g) Examples. The following examples available for inspection or copying at used to determine, based on the facts illustrate the application of paragraphs the Docket Management Facility, U.S. Department of Transportation, room PL– and circumstances of a particular case, (a) through (f) of this section. Except as 401, 400 Seventh Street, SW., whether a loan otherwise subject to provided otherwise in the examples, Washington, DC, between 9 a.m. and 5 imputation under section 7872 (relating assume that the decedent, D, was to the treatment of below-market loans) p.m., Monday through Friday, except survived by spouse, S, that in each is exempted from its provisions. Federal holidays. You may also find this (2) The transferor subject to section example the section 2503(b) exclusion docket on the Internet at http:// 2519 may execute a written waiver of has already been fully utilized for each dms.dot.gov. year with respect to the donee in the right of recovery arising under FOR FURTHER INFORMATION CONTACT: question, that section 2503(e) is not If section 2207A before that right of you have questions on this rule, call applicable to the amount deemed recovery becomes unenforceable. If a Alex Weller, Office of Maritime and transferred, and that the gift taxes on the waiver is executed, the transfer of the International Law, U.S. Coast Guard, unrecovered amounts by the transferor amount treated as transferred under telephone 202–267–0097. If you have is considered to be made on the later paragraph (c) are offset by S’s unified questions on viewing the docket, call of— credit. The examples are as follows: Dorothy Beard, Chief, Dockets, (i) The date of the valid and * * * * * Department of Transportation, irrevocable waiver rendering the right of telephone 202–366–5149. Robert E. Wenzel, recovery no longer enforceable; or SUPPLEMENTARY INFORMATION: (ii) The date of the payment of the tax Deputy Commissioner for Services and by the transferor. Enforcement. Regulatory History * * * * * Approved: July 9, 2003. On October 22, 1975, we published a ■ Par. 5. Section 25.2519–1 is amended Pamela F. Olson, rule in the Federal Register entitled as follows: Assistant Secretary of the Treasury (Tax ‘‘Jurisdiction and Navigable Waters’’ ■ 1. Paragraph (c)(1) is amended by Policy). that established general duties and adding a sentence to the end of the [FR Doc. 03–18018 Filed 7–17–03; 8:45 am] jurisdiction regulations in part 2 of Title paragraph. 33 of the Code of Federal Regulations BILLING CODE 4830–01–P ■ 2. The paragraph heading for (33 CFR part 2) (40 FR 49326). Most of paragraph (c)(4) is revised and the text of those regulations have not changed paragraph (c)(4) is added. since 1975. ■ 3. Paragraph (g) introductory text is In an effort to conform the Coast revised. Guard’s definitions of jurisdictional

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terms to existing law, we published a United States’’—to enforce treaties, the definitions of those terms in the notice of proposed rulemaking (NPRM) laws, and regulations of the United SWANCC case. on August 14, 2002, entitled ‘‘Territorial States. High Seas Seas, Navigable Waters, and Discussion of Comments and Changes Jurisdiction’’ (67 FR 52906)(USCG– We received two comments 2001–9044, under former DOT RIN We received three letters commenting expressing concern that our definition 2115–AG13). And on September 18, on the proposed rule. And, in response, of ‘‘high seas’’ in proposed § 2.32(d) 2002, we published a correction to that we have incorporated changes in the would include the exclusive economic proposed rule noting that we did not final rule. The final rule also reflects zones of both the United States and intend to omit the contents of a footnote changes from the proposed rule based other nations and that this might in our proposed revision of 33 CFR part on the November 25, 2002 enactment of undermine the doctrine that U.S. 2 (67 FR 58752). No public hearing was the MTSA and HLSA. statutes are presumed not to apply requested and none was held. Navigable Waters outside of U.S. territory unless Congress A little more than 3 months after we expresses a clear statement of published our NPRM, the Maritime One commentator wrote that our extraterritorial application. In response Transportation Security Act of 2002 proposed definition of ‘‘navigable to these comments, the Coast Guard (MTSA) was enacted (Pub. L. 107–295, waters’’ differed from the U.S. conferred with the Department of State, 116 Stat. 2064). The MTSA extended the Environmental Protection Agency’s U.S. Navy, and other federal agencies, territorial seas jurisdiction from 3 to 12 (EPA’s) definition in 40 CFR part 110 and has revised both § 2.32(c) and (d) to nautical miles for two domestic statutes (specifically in 40 CFR 110.1) and that read: with respect to the Federal Water by amending section 1 of title XIII of the (c) For the purposes of 14 U.S.C. 89(a), and Act of June 15, 1917, as amended by the Pollution Control Act Amendments, known as the Clean Water Act, EPA has 33 U.S.C. 1471 et. seq., high seas includes the Magnuson Act of August 9, 1950 exclusive economic zones of the United (‘‘Magnuson Act’’), 50 U.S.C. 195, and the primary federal responsibility to States and other nations, as well as those section 4(b) of the Vessel Bridge-to- define this jurisdictional term. We agree waters that are seaward of territorial seas of Bridge Radiotelephone Act (33 U.S.C. that EPA has the primary federal the United States and other nations. 1203(b)). responsibility to define this term with (d) Under customary international law as On the same date the MTSA was respect to the Clean Water Act. reflected in the 1982 United Nations enacted, November 25, 2002, the After conferring with the EPA, we Convention on the Law of the Sea and Homeland Security Act of 2002 (HLSA) have decided not to revise the text in 33 without prejudice to high seas freedoms that (Pub. L. 107–296, 116 Stat. 2135) was CFR 2.05–25, as we proposed. Instead, may be exercised within exclusive economic all we have revised in that section is: (1) zones pursuant to article 58 of the United also enacted. The HLSA established the Nations Convention on the Law of the Sea, Department of Homeland Security The section number itself—to § 2.36—to conform to the renumbering of sections and unless the context clearly requires (DHS) and directed the transfer of the otherwise (e.g., The International Convention Coast Guard from the Department of in 33 CFR part 2, and (2) we removed Relating to Intervention on the High Seas in Transportation to DHS. the footnote. As we explained in our Cases of Oil Pollution Casualties, 1969, Regulatory amendments reflecting September 18, 2002, correction (67 FR including annexes thereto), high seas means these recent MTSA, non-discretionary 58752), the contents of that footnote all waters that are not the exclusive economic changes in jurisdiction and revisions to have been moved to the note for § 2.5, zone (as defined in 2.30), territorial sea (as reflect our move to DHS under the Specific definitions control. Also, defined in 2.22), or internal waters of the HLSA, concern only interpretations, because we had included references to United States or any other nation. agency organization, and rules of agency paragraph (b) of our proposed § 2.36 in We also received a comment that we procedure, and thus, under 5 U.S.C. §§ 2.38, 62.3, 64.06, and 100.05, we are not required to include the Great 553(b)(A), are exempt from the have had to change those four references Lakes as a discrete part of our ‘‘high rulemaking notice requirement. to paragraph (a) to reflect the seas’’ definition in § 2.32(a). We agree Therefore, we have included these corresponding § 2.36 language in the and have deleted the reference to the MTSA and HLSA changes in this final final rule. Great Lakes in that paragraph dealing rule. All changes in the rule based on The EPA, jointly with the Army Corps with special maritime and territorial the recent passage of MTSA and HLSA of Engineers (ACOE), has already issued jurisdiction under 18 U.S.C. 7. are described below in the Discussion of an ‘‘Advanced Notice of Proposed Exclusive Economic Zone Comments and Changes section. Rulemaking on the Clean Water Act Regulatory Definition of ‘Waters of the In conferring with the Department of Background and Purpose United States’’’ (68 FR 1991, January 15, State about the proposed rule, it was This rule changes definitions of 2003). As we did in our NPRM, the EPA suggested that we insert the word jurisdictional terms, primarily in 33 and ACOE’s ANPRM discusses the U.S. ‘‘including’’ after the ‘‘United States’’ in CFR part 2, to reflect current statutes Supreme Court’s decision, Solid Waste proposed § 2.30 to match language in and other legal authorities on which Agency of Northern Cook County v. U.S. the President’s Exclusive Economic these definitions are based. In the Army Corps of Engineers, 531 U.S. 159 Zone Proclamation 5030 of March 10, preamble of our NPRM, we discussed (2001)(SWANCC), interpreting ‘‘waters 1983 (97 Stat. 1557) and that we make various legal authorities on which we of the United States’’ and ‘‘navigable certain other textual changes. We agree, based the proposed changes to our waters’’ as used in the Clean Water Act. and have made those revisions. jurisdictional regulations (67 FR 52906– To ensure that our definitions are Specifically, we have deleted a 52908, August 14, 2002). The Coast consonant with the EPA’s and ACOE’s, reference to the Covenant and the Guard uses the definitions for these we will await the results of their United Nations Trusteeship Agreement, jurisdictional terms—e.g., ‘‘internal rulemaking before amending our and added reference to Guam, American waters,’’ ‘‘inland waters,’’ ‘‘navigable corresponding definitions in Samoa, the U.S. Virgin Islands, and any waters,’’ ‘‘territorial sea,’’ ‘‘exclusive redesignated § 2.36. In the meantime, it other territory or possession over which economic zone,’’ ‘‘high seas,’’ and should be understood that we are not the United States exercises sovereignty. ‘‘waters subject to the jurisdiction of the taking a position in this rulemaking on Finally, we have clarified the rights of

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the United States and all other nations Regulatory Evaluation employees of the Coast Guard, call 1– in the waters of the exclusive economic This rule is not a ‘‘significant 888–REG–FAIR (1–888–734–3247). zone (EEZ) as stated in Presidential regulatory action’’ under section 3(f) of Collection of Information Proclamation 5030. Executive Order 12866, Regulatory This rule calls for no new collection Planning and Review, and does not Vessel Bridge-to-Bridge Radiotelephone of information under the Paperwork require an assessment of potential costs Act Reduction Act of 1995 (44 U.S.C. 3501– and benefits under section 6(a)(3) of that 3520). We have revised 33 CFR 2.22(a)(i) and Order. The Office of Management and 26.02, and 46 CFR 7.5 to reflect the Budget has not reviewed it under that Federalism MTSA’s extension of the application of Order. It is not ‘‘significant’’ under the A rule has implications for federalism the Vessel Bridge-to-Bridge regulatory policies and procedures of under Executive Order 13132, Radiotelephone Act, 33 U.S.C. 1201– the Department of Homeland Security. Federalism, if it has a substantial direct 1208, to all waters of the United States We expect the economic impact of effect on State or local governments and territorial sea described in Presidential this rule to be so minimal that a full would either preempt State law or Proclamation 5928. Specifically, to Regulatory Evaluation under the impose a substantial direct cost of reflect MTSA’s sec. 321 amendment of regulatory policies and procedures of compliance on them. We have analyzed 33 U.S.C. 1203(b), we added the Vessel DHS is unnecessary because we are this rule under that Order and have Bridge-to-Bridge Radiotelephone Act to merely conforming our jurisdictional determined that it does not have statutes listed in our territorial seas definitions to reflect authority given to implications for federalism. definition in 33 CFR 2.22(a)(1); changed the Coast Guard by current statues and Unfunded Mandates Reform Act the reference to the territorial sea Presidential proclamations. definition in 33 CFR 26.02 from Small Entities The Unfunded Mandates Reform Act § 2.22(a)(2) to § 2.22(a)(1); and in 46 CFR of 1995 (2 U.S.C. 1531–1538) requires Under the Regulatory Flexibility Act Federal agencies to assess the effects of 7.5, Rules for establishing boundary (5 U.S.C. 601–612), we have considered lines, we changed the ‘‘3 miles’’ their discretionary regulatory actions. In whether this rule would have a particular, the Act addresses actions territorial sea reference to ‘‘12 nautical significant economic impact on a miles’’. that may result in the expenditure by a substantial number of small entities. State, local, or tribal government, in the Magnuson Act The term ‘‘small entities’’ comprises aggregate, or by the private sector of small businesses, not-for-profit $100,000,000 or more in any one year. When we drafted our proposed rule, organizations that are independently Though this rule will not result in such the Magnuson Act, which amended the owned and operated and are not an expenditure, we do discuss the Act of June 15, 1917, applied in the dominant in their fields, and effects of this rule elsewhere in this United States territorial sea out to a governmental jurisdictions with preamble. seaward limit of 3 nautical miles. Sec. populations of less than 50,000. 104 of the MTSA expanded the Act of We are merely conforming our Taking of Private Property June 15, 1917’s reach to 12 nautical jurisdictional definitions to statutory This rule will not effect a taking of miles. We added the Act of June 15, authority and presidential private property or otherwise have 1917, as amended, to 33 CFR 2.22(a)(i), proclamations. Therefore, the Coast taking implications under Executive and revised paragraph (c) in 33 CFR Guard certifies under 5 U.S.C. 605(b) Order 12630, Governmental Actions and 165.9, Geographical application of that this rule will not have a significant Interference with Constitutionally limited and controlled access areas and economic impact on a substantial Protected Property Rights. regulated navigation areas, to reflect that number of small entities. Civil Justice Reform now both the terms ‘‘navigable waters of Assistance for Small Entities the United States’’ in the Ports and This rule meets applicable standards Waterways Safety Act, as amended (33 Under section 213(a) of the Small in sections 3(a) and 3(b)(2) of Executive U.S.C. 1221–1232), and ‘‘territorial Business Regulatory Enforcement Order 12988, Civil Justice Reform, to waters of the United States’’ in the Fairness Act of 1996 (Pub. L. 104–121), minimize litigation, eliminate Magnuson Act have the same seaward we offered to assist small entities in ambiguity, and reduce burden. limit—12 miles. understanding the rule so that they could better evaluate its effects on them Protection of Children Authority Citations and participate in the rulemaking by We have analyzed this rule under providing the phone number and Executive Order 13045, Protection of The authority citations for CFR parts address of Alex Weller to address Children from Environmental Health in the final rule differ from those in our questions concerning provisions of the Risks and Safety Risks. This rule is not proposed rule. These differences reflect rulemaking. an economically significant rule and recent jurisdictional changes created by Small businesses may send comments does not create an environmental risk to the MTSA and organizational changes on the actions of Federal employees health or risk to safety that may caused by the HLSA. Also, we have who enforce, or otherwise determine disproportionately affect children. converted the U.S. Code citation for the compliance with, Federal regulations to Ports and Waterways Safety Act, as the Small Business and Agriculture Indian Tribal Governments amended, from ‘‘(33 U.S.C. 1221 et Regulatory Enforcement Ombudsman This rule does not have tribal seq.)’’ to the more specific ‘‘(33 U.S.C. and the Regional Small Business implications under Executive Order 1221–1232).’’ This helps clarify that Regulatory Fairness Boards. The 13175, Consultation and Coordination regulations in 33 CFR part 100, for Ombudsman evaluates these actions with Indian Tribal Governments, example, issued under authority of 33 annually and rates each agency’s because it does not have a substantial U.S.C. 1233, are not issued under the responsiveness to small business. If you direct effect on one or more Indian authority of the PWSA. wish to comment on actions by tribes, on the relationship between the

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Federal Government and Indian tribes, docket where indicated under TITLE 33—NAVIGATION AND or on the distribution of power and ADDRESSES. NAVIGABLE WATERS responsibilities between the Federal List of Subjects Government and Indian tribes. PART 2—JURISDICTION 33 CFR Part 2 Energy Effects ■ 1. Revise part 2 to read as follows: Administrative practice and We have analyzed this rule under procedure, Law enforcement. PART 2—JURISDICTION Executive Order 13211, Actions Subpart A—General Concerning Regulations That 33 CFR Part 26 Sec. Significantly Affect Energy Supply, Communications equipment, Marine Distribution, or Use. We have 2.1 Purpose. safety, Radio, Telephone, Vessels. 2.5 Specific definitions control. determined that it is not a ‘‘significant energy action’’ under that order because 33 CFR Part 62 Subpart B—Jurisdictional Terms it is not a ‘‘significant regulatory action’’ Navigation (water). 2.20 Territorial sea baseline. under Executive Order 12866 and is not 2.22 Territorial sea. likely to have a significant adverse effect 33 CFR Part 64 2.24 Internal waters. on the supply, distribution, or use of Navigation (water), Reporting and 2.26 Inland waters. 2.28 Contiguous zone. energy. The Administrator of the Office recordkeeping requirements. of Information and Regulatory Affairs 2.30 Exclusive Economic Zone. 33 CFR Part 95 2.32 High seas. has not designated it as a significant 2.34 Waters subject to tidal influence; energy action. Therefore, it does not Alcohol abuse, Drug abuse, Marine waters subject to the ebb and flow of the require a Statement of Energy Effects safety, Penalties. tide; mean high water. under Executive Order 13211. 2.36 Navigable waters of the United States, 33 CFR Part 100 navigable waters, territorial waters. Environment Marine safety, Navigation (water), 2.38 Waters subject to the jurisdiction of the Reporting and recordkeeping United States; waters over which the We have analyzed this rule under United States has jurisdiction. Commandant Instruction M16475.lD, requirements, Waterways. Subpart C—Availability of Jurisdictional which guides the Coast Guard in 33 CFR Part 120 complying with the National Decisions Environmental Policy Act of 1969 Passenger vessels, Reporting and 2.40 Maintenance of decisions. (NEPA) (42 U.S.C. 4321–4370f), and recordkeeping requirements, Security 2.45 Decisions subject to change or have concluded that there are no factors measures. modification and availability of lists and charts. in this case that would limit the use of 33 CFR Part 165 a categorical exclusion under section Authority: 14 U.S.C. 633, 33 U.S.C. 1222, 2.B.2 of the Instruction. Therefore, this Harbors, Marine safety, Navigation 80 Stat. 931 (49 U.S.C. 108); Pub. L. 107–296, rule is categorically excluded, under (water), Reporting and recordkeeping 116 Stat. 2135, 2249; Department of figure 2–1, paragraph (34)(a), of the requirements, Security measures, Homeland Security Delegation No. 0170. Waterways. Instruction, from further environmental PART 2—JURISDICTION documentation. Where a statute does 46 CFR Part 7 not mandate a change, we will revise Subpart A—General the existing language to maintain the Law Enforcement, Vessels. § 2.1 Purpose status quo for geographical scope. These 46 CFR Part 28 changes should also be categorically (a) The purpose of this part is to excluded. The Coast Guard believes that Fire prevention, Fishing vessels, define terms the Coast Guard uses in merely updating the regulations to Marine safety, Occupational safety and regulations, policies, and procedures, to reflect movement of the boundary of the health, Reporting and recordkeeping determine whether it has jurisdiction on territorial sea from 3 nautical miles to requirements, Seamen. certain waters in cases where specific 12 nautical miles from shore will not ■ For the reasons discussed in the jurisdictional definitions are not have any impact on the environment. preamble, the Coast Guard proposes to otherwise provided. An ‘‘Environmental Analysis Check amend 33 CFR parts 2, 26, 62, 64, 95, (b) Figure 2.1 is a visual aid to assist List’’ and a ‘‘Categorical Exclusion 100, 120, and 165 and 46 CFR parts 7 and you in understanding this part. Determination’’ are available in the 28 as follows: BILLING CODE 4910–15–P

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BILLING CODE 4910–15–C

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§ 2.5 Specific definitions control. interpreted by the Coast Guard as exercises sovereignty, exclusive In cases where a particular statute, incorporating the definition of territorial economic zone means the zone seaward regulation, policy or procedure provides sea as being 12 nautical miles wide, of and adjacent to the territorial sea, as a specific jurisdictional definition that adjacent to the coast of the United States defined in § 2.22(a), including the differs from the definitions contained in and seaward of the territorial sea contiguous zone, and extending 200 this part, the former definition controls. baseline. nautical miles from the territorial sea (2) Unless otherwise specified in baseline (except where otherwise Note to § 2.5: For example, the definition paragraph (a)(1) of this section, of ‘‘inland waters’’ in the Inland Navigational limited by treaty or other agreement Rules Act of 1980 (33 U.S.C. 2003(o)) would territorial sea means the waters, 3 recognized by the United States) in control the interpretation of inland nautical miles wide, adjacent to the which the United States has the navigation rules created under that Act and coast of the United States and seaward sovereign rights and jurisdiction and all the ‘‘inland waters’’ definition in 46 CFR of the territorial sea baseline. nations have the high seas freedoms 10.103 would control regulations in 46 CFR (3) In cases where regulations are mentioned in Presidential Proclamation part 10. Also, in various laws administered promulgated under the authority of 5030 of March 10, 1983. and enforced by the Coast Guard, the terms statutes covered by both paragraphs ‘‘State’’ and ‘‘United States’’ are defined to (a)(1) and (a)(2) of this section, the Coast (b) Under customary international law include some or all of the territories and Guard may use the definition of as reflected in Article 56 of the 1982 possessions of the United States. The territorial sea in paragraph (a)(1) of this United Nations Convention on the Law definitions in §§ 2.36 and 2.38 should be of the Sea, and with respect to other considered as supplementary to these section. statutory definitions and not as interpretive (b) With respect to any other nation, nations, exclusive economic zone means of them. territorial sea means the waters adjacent the waters seaward of and adjacent to to its coast that have a width and the territorial sea, not extending beyond Subpart B—Jurisdictional Terms baseline recognized by the United 200 nautical miles from the territorial States. sea baseline, as recognized by the § 2.20 Territorial sea baseline. United States. § 2.24 Internal waters. Territorial sea baseline means the line defining the shoreward extent of the (a) With respect to the United States, § 2.32 High seas. territorial sea of the United States drawn internal waters means the waters (a) For purposes of special maritime according to the principles, as shoreward of the territorial sea baseline. and territorial jurisdiction of the United recognized by the United States, of the (b) With respect to any other nation, States as defined in 18 U.S.C. 7, high internal waters means the waters Convention on the Territorial Sea and seas means all waters seaward of the shoreward of its territorial sea baseline, the Contiguous Zone, 15 U.S.T. 1606, territorial sea baseline. and the 1982 United Nations as recognized by the United States. (b) For the purposes of section 2 of the Convention on the Law of the Sea § 2.26 Inland waters. (UNCLOS), 21 I.L.M. 1261. Normally, Act of February 19, 1895, as amended Inland waters means the waters the territorial sea baseline is the mean (33 U.S.C. 151) and the Inland shoreward of the territorial sea baseline. low water line along the coast of the Navigational Rules Act of 1980 (33 United States. § 2.28 Contiguous zone. U.S.C. Chapter 34), high seas means the waters seaward of any lines established Note to § 2.20: Charts depicting the (a) For the purposes of the Federal under these statutes, including the lines territorial sea baseline are available for Water Pollution Control Act (33 U.S.C. described in part 80 of this chapter and examination in accordance with § 1.10–5 of 1251 et seq.), contiguous zone means 46 CFR part 7. this chapter. the zone, 9 nautical miles wide, adjacent to and seaward of the territorial (c) For the purposes of 14 U.S.C. § 2.22 Territorial sea. sea, as defined in § 2.22(a)(2), that was 89(a), and 33 U.S.C. 1471 et. seq., high (a) With respect to the United States, declared to exist in Department of State seas includes the exclusive economic the following apply— Public Notice 358 of June 1, 1972 and zones of the United States and other (1) Territorial sea means the waters, that extends from 3 nautical miles to 12 nations, as well as those waters that are 12 nautical miles wide, adjacent to the nautical miles as measured from the seaward of territorial seas of the United coast of the United States and seaward territorial sea baseline. States and other nations. of the territorial sea baseline, for— (b) For all other purposes, contiguous (d) Under customary international law (i) Statutes included within subtitle II, zone means all waters within the area as reflected in the 1982 United Nations title 46, U.S.C.; the Ports and Waterways adjacent to and seaward of the territorial Convention on the Law of the Sea and Safety Act, as amended (33 U.S.C. 1221– sea, as defined in § 2.22(a), and without prejudice to high seas freedoms 1232); the Act of June 15, 1917, as extending to 24 nautical miles from the amended (50 U.S.C. 191–195); and the that may be exercised within exclusive territorial sea baseline, but in no case economic zones pursuant to article 58 of Vessel Bridge-to-Bridge Radiotelephone extending within the territorial sea of the United Nations Convention on the Act (33 U.S.C. 1201–1208), and any another nation, as declared in Law of the Sea, and unless the context regulations issued under the authority Presidential Proclamation 7219 of clearly requires otherwise (e.g., The of these statutes. September 2, 1999 (113 Stat. 2138). (ii) Purposes of criminal jurisdiction International Convention Relating to pursuant to Title 18, United States § 2.30 Exclusive Economic Zone. Intervention on the High Seas in Cases Code. (a) With respect to the United States, of Oil Pollution Casualties, 1969, (iii) The special maritime and including the Commonwealth of Puerto including annexes thereto), high seas territorial jurisdiction as defined in 18 Rico, the Commonwealth of the means all waters that are not the U.S.C. 7. Northern Mariana Islands, Guam, exclusive economic zone (as defined in (iv) Interpreting international law. American Samoa, the United States §2.30), territorial sea (as defined in (v) Any other treaty, statute, or Virgin Islands, and any other territory or §2.22), or internal waters of the United regulation, or amendment thereto, possession over which the United States States or any other nation.

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§ 2.34 Waters subject to tidal influence; (a) Navigable waters of the United No. 0170. Rule 1, International Regulations waters subject to the ebb and flow of the States, as defined in § 2.36(a). for the Prevention of Collisions at Sea. tide; mean high water. (b) Waters, other than those under ■ 3. In § 26.02, add, in alphabetical (a) Waters subject to tidal influence paragraph (a) of this section, that are order, the definition of ‘‘territorial sea’’ and waters subject to the ebb and flow located on lands for which the United to read as follows: of the tide are waters below mean high States has acquired title or controls water. These terms do not include and— § 26.02 Definitions. waters above mean high water caused (1) Has accepted jurisdiction * * * * * by flood flows, storms, high winds, according to 40 U.S.C. 255; or Territorial sea means all waters as seismic waves, or other non-lunar (2) Has retained concurrent or defined in § 2.22(a)(1) of this chapter. phenomena. exclusive jurisdiction from the date that * * * * * (b) Mean high water is the average of the State in which the lands are located the height of the diurnal high water at entered the Union. PART 62—UNITED STATES AIDS TO a particular location measured over a (c) Waters made subject to the NAVIGATION SYSTEM lunar cycle of 19 years. jurisdiction of the United States by § 2.36 Navigable waters of the United operation of the international ■ 4. The authority citation for part 62 is States, navigable waters, and territorial agreements and statutes relating to the revised to read as follows: former Trust Territory of the Pacific waters. Authority: 14 U.S.C. 85; 33 U.S.C. 1222, (a) Except as provided in paragraph Islands, and waters within the territories 1233; 43 U.S.C. 1333; Department of (b) of this section, navigable waters of and possessions of the United States. Homeland Security Delegation No. 0170. the United States, navigable waters, and Subpart C—Availability of ■ 5. In § 62.3, revise paragraph (g) to read territorial waters mean, except where Jurisdictional Decisions Congress has designated them not to be as follows: navigable waters of the United States: § 2.40 Maintenance of decisions. § 62.3 Definition of terms. (1) Territorial seas of the United (a) From time to time, the Coast Guard * * * * * States; makes navigability determinations of (2) Internal waters of the United (g) Navigable waters of the United specific waterways, or portions thereof, States. The term navigable waters of the States that are subject to tidal influence; in order to determine its jurisdiction on and United States is defined in § 2.36(a) of those waterways. Copies of these this chapter. (3) Internal waters of the United determinations are maintained by the States not subject to tidal influence that: District Commander in whose district PART 64—MARKING OF (i) Are or have been used, or are or the waterway is located. STRUCTURES, SUNKEN VESSELS have been susceptible for use, by (b) If the district includes portions of AND OTHER OBSTRUCTIONS themselves or in connection with other the territorial sea, charts reflecting Coast waters, as highways for substantial Guard decisions as to the location of the ■ 6. The authority citation for part 64 is interstate or foreign commerce, territorial sea baseline for the purposes revised to read as follows: notwithstanding natural or man-made of Coast Guard jurisdiction are obstructions that require portage, or Authority: 14 U.S.C. 633; 33 U.S.C. 409, maintained by the District Commander 1231; 42 U.S.C. 9118; 43 U.S.C. 1333; (ii) A governmental or non- in whose district the portion of the Department of Homeland Security Delegation governmental body, having expertise in territorial sea is located. No. 0170. waterway improvement, determines to be capable of improvement at a § 2.45 Decisions subject to change or ■ 7. In § 64.06, add, in alphabetical reasonable cost (a favorable balance modification and availability of lists and order, a definition of ‘‘navigable waters between cost and need) to provide, by charts. of the United States’’ to read as follows: themselves or in connection with other The determinations referred to in § 64.06 Definition of terms. waters, as highways for substantial § 2.40 are subject to change or interstate or foreign commerce. modification. The determinations are * * * * * (b) Navigable waters of the United made for Coast Guard use at the request Navigable waters of the United States States and navigable waters, as used in of Coast Guard officials. Determinations means those waters described in sections 311 and 312 of the Federal made or subsequently changed are § 2.36(a) of this chapter, specifically Water Pollution Control Act, as available to the public under § 1.10–5(b) including the waters described in amended, 33 U.S.C. 1321 and 1322, of this chapter. Inquiries concerning § 2.22(a)(2) of this chapter. mean: whether a determination has been made * * * * * (1) Navigable waters of the United for specific waters, for the purposes of States as defined in paragraph (a) of this Coast Guard jurisdiction, should be PART 95—OPERATING A VESSEL section and all waters within the United directed to the District Commander of WHILE UNDER THE INFLUENCE OF States tributary thereto; and the district in which the waters are ALCOHOL OR A DANGEROUS DRUG (2) Other waters over which the located. Federal Government may exercise ■ 8. The authority citation for part 95 is Constitutional authority. PART 26—VESSEL BRIDGE-TO- revised to read as follows: BRIDGE RADIOTELEPHONE Authority: 33 U.S.C. 2071; 46 U.S.C. 2302; § 2.38 Waters subject to the jurisdiction of REGULATIONS Department of Homeland Security Delegation the United States; waters over which the No. 0170. United States has jurisdiction. ■ 2. The authority citation for part 26 is Waters subject to the jurisdiction of revised to read as follows: ■ 9. In § 95.010, add, in alphabetical the United States and waters over which Authority: 14 U.S.C. 2, 33 U.S.C. 1201– order, a definition of ‘‘waters subject to the United States has jurisdiction mean 1208; Pub. L. 107–295, 116 Stat. 2064; the jurisdiction of the United States’’ to the following waters— Department of Homeland Security Delegation read as follows:

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§ 95.010 Definition of terms as used in this regulated navigation areas may be Authority: 46 U.S.C. 3316, 4502, 4505, part. established in waters subject to the 4506, 6104, 10603; Department of Homeland * * * * * jurisdiction of the United States as Security Delegation No. 0170. Waters subject to the jurisdiction of defined in § 2.38 of this chapter, ■ 20. In § 28.50, revise the definitions of the United States means those waters including the territorial sea to a seaward ‘‘boundary lines’’ and ‘‘coastline’’, to described in § 2.38 of this chapter. limit of 12 nautical miles from the read as follows: baseline. PART 100—MARINE EVENTS (c) Security zones. These zones have § 28.50 Definition of terms used in this part. two sources of authority—the Ports and ■ 10. The authority citation for part 100 * * * * * is revised to read as follows: Waterways Safety Act, 33 U.S.C. 1221– 1232, and the Act of June 15, 1917, as Boundary lines means the lines Authority: 33 U.S.C. 1233; Department of amended by both the Magnuson Act of described in part 7 of this chapter. In Homeland Security Delegation No. 0170. August 9, 1950 (‘‘Magnuson Act’’), 50 general, they follow the trend of the seaward high water shorelines and cross ■ U.S.C. 191–195, and sec. 104 the 11. In § 100.05, add paragraph (e) to entrances to small bays, inlets, and read as follows: Maritime Transportation Security Act of 2002 (Pub. L. 107–295, 116 Stat. 2064). rivers. In some areas, they are along the § 100.05 Definition of terms used in this Security zones established under either 12-mile line that marks the seaward part. 33 U.S.C. 1226 or 50 U.S.C. 191 may be limits of the territorial sea and, in other * * * * * established in waters subject to the areas, they come ashore. (e) Navigable waters of the United jurisdiction of the United States as * * * * * States means those waters described in defined in § 2.38 of this chapter, Coastline means the territorial sea § 2.36(a) of this chapter, specifically including the territorial sea to a seaward baseline as defined in 33 CFR 2.20. including the waters described in limit of 12 nautical miles from the * * * * * § 2.22(a)(2) of this chapter. baseline. Dated: May 28, 2003. (d) Naval vessel protection zones. PART 120—SECURITY OF Calvin M. Lederer, These zones are issued under the PASSENGER VESSELS Acting Chief Counsel, U.S. Coast Guard. authority of 14 U.S.C. 91 and 633 and [FR Doc. 03–18135 Filed 7–17–03; 8:45 am] ■ 12. The authority citation for part 120 may be established in waters subject to BILLING CODE 4910–15–P is revised to read as follows: the jurisdiction of the United States as defined in § 2.38 of this chapter, Authority: 33 U.S.C. 1231; Department of including the territorial sea to a seaward Homeland Security Delegation No. 0170. DEPARTMENT OF VETERANS limit of 3 nautical miles from the AFFAIRS ■ 13. In § 120.110, revise the definitions baseline. of ‘‘high seas’’ to read as follows: 38 CFR Part 3 TITLE 46—SHIPPING § 120.110 Definitions. RIN 2900–AL36 * * * * * PART 7—BOUNDARY LINES Presumption of Service Connection for High seas means the waters defined in Cirrhosis of the Liver in Former § 2.32(d) of this chapter. ■ 16. The authority citation for part 7 is Prisoners of War * * * * * revised to read as follows: Authority: 14 U.S.C. 633; 33 U.S.C. 151, AGENCY: Department of Veterans Affairs. PART 165—REGULATED NAVIGATION 1222; Department of Homeland Security ACTION: Final rule. AREAS AND LIMITED ACCESS AREAS Delegation No. 0170. SUMMARY: This document amends the § 7.5 [Amended] ■ 14. The authority citation for part 165 Department of Veterans Affairs (VA) is revised to read as follows: ■ 17. In § 7.5(a), remove the distance ‘‘3 adjudication regulations concerning miles’’ and add, in its place, the distance presumptive service connection for Authority: 33 U.S.C. 1226, 1231; 50 U.S.C. ‘‘12 nautical miles’’. certain diseases by adding cirrhosis of 191, 195; 46 U.S.C. Chapter 701; 33 CFR the liver to the list of diseases for which 1.05–1(g), 6.04–1, 6.04–6, and 160.5; Pub. L. ■ 18. Revise § 7.105 to read as follows: 107–295, 116 Stat. 2064; Department of entitlement to service connection is presumed for former prisoners of war Homeland Security Delegation No. 0170. § 7.105 Marquesas Keys, FL to Rio Grande, TX. (POWs). The intended effect is to make ■ 15. Add § 165.9 to read as follows: it easier for former POWs to obtain A line drawn from Marquesas Keys, § 165.9 Geographic application of limited compensation benefits for cirrhosis Florida at approximate position latitude based on scientific and medical research and controlled access areas and regulated 24°47.5′ N, longitude 82°11.2′ W; along navigation areas. showing a higher risk of death from the 12-mile line which marks the (a) General. The geographic cirrhosis in former WWII POWs than in seaward limits of the territorial sea (as the general population. application of the limited and defined in 33 CFR 2.22(a)(1)) to Rio DATES: Effective Date: July 18, 2003. controlled access areas and regulated Grande, Texas at approximate position FOR FURTHER INFORMATION CONTACT: navigation areas in this part are latitude 25°58.6′ N, longitude 96°55.5′ Beth determined based on the statutory W. McCoy, Consultant, Regulations Staff, authority under which each is created. Compensation and Pension Service (b) Safety zones and regulated PART 28–REQUIREMENTS FOR (211A), Veterans Benefits navigation areas. These zones and areas COMMERCIAL FISHING INDUSTRY Administration, Department of Veterans are created under the authority of the VESSELS Affairs, 111 W. Huron St, Buffalo, NY Ports and Waterways Safety Act, 33 14202, (716) 551–4842. U.S.C. 1221–1232. Safety zones ■ 19. The authority citation for part 28 is SUPPLEMENTARY INFORMATION: In a established under 33 U.S.C. 1226 and revised to read as follows: document published in the Federal

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Register on February 10, 2003 (68 FR PART 3–ADJUDICATION is available for public viewing at the 6679), we proposed to amend the VA EPA Docket Center (Air Docket), EPA adjudication regulations to add cirrhosis Subpart A—Pension, Compensation, West, Room B–108, 1301 Constitution of the liver to the list of diseases for and Dependency and Indemnity Avenue, NW, Washington, DC 20460. which entitlement to service connection Compensation The Docket Center is open from 8:30 is presumed for former POWs under 38 ■ 1. The authority citation for part 3, a.m. to 4:30 p.m., Monday through CFR 3.309(c). subpart A continues to read as follows: Friday, excluding legal holidays. The We asked interested persons to submit telephone number for the Reading Room comments on or before April 11, 2003. Authority: 38 U.S.C. 501(a), unless is (202) 566–1744, and the telephone We received no comments. Based on the otherwise noted. number for the Air Docket is (202) 566– rationale set forth in the proposed rule, § 3.309 [Amended] 1742. we are adopting the proposed rule as a ■ FOR FURTHER INFORMATION CONTACT: Mr. final rule without change. 2. Section 3.309(c) is amended by adding ‘‘Cirrhosis of the liver.’’ following Jeff Telander, Minerals and Inorganic Administrative Procedures Act ‘‘Peripheral neuropathy except where Chemicals Group, Emission Standards Because this rule solely provides for directly related to infectious causes.’’ Division (C504–05), Office of Air a new benefit it is not subject to the and before the explanatory note. Quality Planning and Standards, U.S. effective date provisions of 5 U.S.C. 553. EPA, Research Triangle Park, NC 27711, [FR Doc. 03–18233 Filed 7–17–03; 8:45 am] telephone number (919) 541–5427, Paperwork Reduction Act of 1995 BILLING CODE 8320–01–P facsimile number (919) 541–5600, This rule contains no provisions electronic mail (e-mail) address constituting collections of information [email protected]. under the Paperwork Reduction Act (44 ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: Docket. U.S.C. 3501–3521). AGENCY The EPA has established an official Regulatory Flexibility Act 40 CFR Part 63 public docket for this action under Docket ID No. OAR–2002–0045. The The Secretary hereby certifies that [OAR–2002–0045, FRL–7528–3] this regulatory amendment will not official public docket consists of the have a significant economic impact on RIN 2060–AK53 documents specifically referenced in this action, any public comments a substantial number of small entities as National Emission Standards for they are defined in the Regulatory received, and other information related Hazardous Air Pollutants for Chemical to this action. Although a part of the Flexibility Act, 5 U.S.C. 601–612. The Recovery Combustion Sources at reason for this certification is that this official docket, the public docket does Kraft, Soda, Sulfite, and Stand-Alone not include Confidential Business amendment will not directly affect any Semichemical Pulp Mills small entities. Only VA beneficiaries Information (CBI) or other information could be directly affected. Therefore, AGENCY: Environmental Protection whose disclosure is restricted by statute. pursuant to 5 U.S.C. 605(b), this Agency (EPA). The official public docket is the amendment is exempt from the initial ACTION: Final rule; amendments. collection of materials that is available and final flexibility analysis for public viewing at the Air Docket in requirements of sections 603 and 604. SUMMARY: On February 18, 2003, the the EPA Docket Center, Room 108, 1301 EPA promulgated amendments to the Constitution Ave., NW, Washington, DC Unfunded Mandates national emission standards for 20460. The EPA Docket Center Public The Unfunded Mandates Reform Act hazardous air pollutants (NESHAP) for Reading Room is open from 8:30 a.m. to requires, at 2 U.S.C. 1532, that agencies chemical recovery combustion sources 4:30 p.m., Monday through Friday, prepare an assessment of anticipated at kraft, soda, sulfite, and stand-alone excluding legal holidays. The telephone costs and benefits before developing any semichemical pulp mills, as a direct number for the Public Reading Room is rule that may result in an expenditure final rule with a parallel proposal. We (202) 566–1744. The telephone number by State, local, or tribal governments, in indicated in that action that we would for the Air Docket is (202) 566–1742. the aggregate, or by the private sector, of withdraw any part of the rule on which Electronic Access. You may access $100 million or more in any given year. we received adverse comment. We this Federal Register document This rule will have no such effect on received timely adverse comment on electronically through the EPA Internet State, local, or tribal governments, or the certain provisions of the direct final under the Federal Register listings at private sector. rule, but our withdrawal notice was not http://www/epa.gov/fedrgstr/. printed in the Federal Register before Catalog of Federal Domestic Assistance An electronic version of the public the May 19, 2003 effective date of the docket is available through EPA’s The Catalog of Federal Domestic provisions. This action amends the electronic public docket and comment Assistance number is 64.109. subpart MM rule by deleting the system, EPA Dockets. You may use EPA List of Subjects in 38 CFR Part 3 provisions which were the subject of Dockets at http://www.epa.gov.edocket/ adverse comment. We are also to view public comments, access the Administrative practice and amending portions of the subpart MM procedure, Claims, Disability benefits, index listing of the contents of the rule added by the February 18, 2003 official public docket, and to access Health care, Pensions, Veterans, direct final rule to correct a Vietnam. those documents in the public docket typographical error and a cross- that are available electronically. Approved: July 2, 2003. referencing error. Although not all docket materials may Anthony J. Principi, DATES: These amendments are effective be available electronically, you may still Secretary of Veterans Affairs. July 18, 2003. access any of the publicly available ■ For the reasons set forth in the ADDRESSES: Docket number OAR–2002– docket materials through the docket preamble, VA amends 38 CFR part 3 as 0045, containing supporting information facility identified above. Once in the follows: used in the development of this notice, system, select ‘‘search,’’ then key in the

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appropriate docket identification The Administrative Procedure Act, in addition, this action does not number. 5 U.S.C. 553(b)(B), provides that, when significantly or uniquely affect small Background. On February 18, 2003, an agency for good cause finds that governments or impose a significant we published a direct final rule (68 FR notice and public procedure are intergovernmental mandate, as 7706) and a parallel proposal (68 FR impracticable, unnecessary, or contrary described in sections 203 and 204 of the 7735) amending the NESHAP for to the public interest, the agency may UMRA. This action also does not chemical recovery combustion sources issue a rule without providing notice significantly or uniquely affect the at kraft, soda, sulfite, and stand-alone and an opportunity for public comment. communities of tribal governments, as semichemical pulp mills (40 CFR part We have determined that there is good specified by Executive Order 13084 (63 63, subpart MM). The amendments cause for making today’s rule final FR 27655, May 10, 1998). This action clarified and consolidated the without prior proposal and opportunity will not have substantial direct effects monitoring and testing requirements for comment. With respect to the on the States, on the relationship and added a site-specific alternative amendment deleting the provisions between the national government and standard for one pulp mill. We stated in related to monitoring, we are amending the States, or on the distribution of the preamble to the direct final rule and the rule to carry out our stated intention power and responsibilities among the parallel proposal that if we received of not allowing provisions of the direct various levels of government, as significant adverse comment by March final rule to take effect if they were the specified in Executive Order 13132 (64 20, 2003 on one or more distinct subject of adverse comment. There has FR 43255, August 10, 1999). This action provisions in the direct final rule, we already been notice and opportunity for also is not subject to Executive Order would withdraw those provisions. We comment on this action, and, under 13045 (62 FR 19885, April 23, 1997) subsequently received timely adverse these circumstances, opportunity for because it is not economically comments on seven of the amendments: further comment is unnecessary. significant. • 40 CFR 63.864(a) through (c), Moreover, failure to amend the rule by Section 12(d) of the National related to a site-specific monitoring deleting the provisions on which EPA Technology Transfer and Advancement plan; received adverse comment would be Act (NTTAA) of 1995 (Public Law 104– • 40 CFR 63.864(d)(1) and (2), related contrary to public expectation based on 113; 15 U.S.C. 272 note) directs EPA to to monitoring specifications for EPA’s express promise. There may in use voluntary consensus standards in its continuous opacity monitoring systems; fact be detrimental reliance on EPA’s regulatory and procurement activities • 40 CFR 63.864(e)(1) through (9), promise, further supporting EPA’s unless to do so would be inconsistent related to monitoring specifications for finding that there is good cause for with applicable law or otherwise impractical. The EPA is not proposing/ continuous parameter monitoring immediate revision of the rule. The adopting any voluntary consensus systems; other changes to the rule are minor, • noncontroversial technical corrections, standards in this action. 40 CFR 63.864(f), related to flow This action does not involve special monitoring provisions; which do not substantively change the rule’s requirements. Thus, notice and consideration of environmental justice • 40 CFR 63.864(h) and (i), related to opportunity for public comment on related issues as required by Executive data availability restrictions; these technical corrections is also Order 12898 (59 FR 7629, February 16, • 40 CFR 63.864(j)(5), related to unnecessary. We find that this 1994). In issuing these amendments, requirements for establishing the constitutes good cause under 5 U.S.C. EPA has taken the necessary steps to operating range for monitoring 553(b)(B). eliminate drafting errors and ambiguity, parameters; and minimize potential litigation, and • Section 553(d) allows an agency, 40 CFR 63.864(j)(6), related to an upon a finding of good cause, to make provide a clear legal standard for operation and maintenance log for the a rule effective immediately. Because affected conduct, as required by section period between the compliance date and today’s amendments delete regulatory 3 of Executive Order 12988 (61 FR 4729, performance test date. language that was the subject of adverse February 7, 1996). The EPA has We prepared an action withdrawing comment, do not add any requirements complied with Executive Order 12630 these amendments, but the Office of the necessitating additional time for (53 FR 8859, March 15, 1988) by Federal Register was unable to publish compliance, and otherwise do not examining the takings implications of it before May 19, 2003 (the direct final substantively change the requirements these amendments in accordance with rule’s effective date). The final rule of the rule, we find good cause to make the ‘‘Attorney General’s Supplemental amends the subpart MM rule by deleting these amendments effective Guidelines for the Evaluation of Risk the provisions which were the subject of immediately. and Avoidance of Unanticipated adverse comment, consistent with our Takings’’ issued under the executive originally stated intention. If we again Statutory and Executive Order Review order. These amendments do not address these issues related to Under Executive Order 12866 (58 FR impose an information collection monitoring, we will do so by acting on 51736, October 4, 1993), this action is burden under the provisions of the the proposed rule (68 FR 7735) after not a ‘‘significant regulatory action’’ and Paperwork Reduction Act of 1995 (44 considering the comments received. We is, therefore, not subject to review by the U.S.C. 3501 et seq.). will not institute a second comment Office of Management and Budget. The Congressional Review Act (5 period. Because EPA has made a ‘‘good cause’’ U.S.C. 801 et seq.), as added by the We are also amending portions of the finding that this action is not subject to Small Business Regulatory Enforcement subpart MM rule added by the direct notice and comment requirements Fairness Act of 1996, generally provides final rule to make two technical under the Administrative Procedure Act that, before a rule may take effect, the corrections to inadvertent errors in rule or any other statute, it is not subject to agency promulgating the rule must language. The first is a correction to a the regulatory flexibility provisions of submit a rule report, which includes a typographical error affecting one term in the Regulatory Flexibility Act (5 U.S.C. copy of the rule, to each House of the Equation 1 of 40 CFR 63.865(a)(1). The 601 et seq.), or to sections 202 and 205 Congress and to the Comptroller General second is a correction to a cross- of the Unfunded Mandates Reform Act of the United States. Section 808 allows referencing error in 40 CFR 63.687(a)(3). of 1995 (UMRA) (Public Law 104–4). In the issuing agency to make a rule

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effective sooner than otherwise List of Subjects in 40 CFR Part 63 Authority: 42 U.S.C. 7401 et seq. provided by the Congressional Review Environmental protection, Act if the agency makes a good cause Subpart MM—[AMENDED] Administrative practice and procedure, finding that notice and public procedure Air pollution control, Hazardous ■ is impracticable, unnecessary, or 2. Section 63.864 is amended by substances, Reporting and contrary to the public interest. This removing and reserving paragraphs (a) recordkeeping requirements. determination must be supported by a through (c), (d)(1) and (2), (e)(1) through brief statement (5 U.S.C. 808(2)). As Dated: July 7, 2003. (9), (f), (h), (i), and (j)(5) and (6). stated previously, EPA has made such a Jeffrey R. Holmstead, ■ 3. Section 63.865 is amended by good cause finding, including the Assistant Administrator for Air and revising paragraph (a)(1) to read as reasons therefor, and established an Radiation. follows: effective date of July 18, 2003. The EPA ■ For the reasons set out in the preamble, § 63.865 Performance test requirements will submit a report containing the rule title 40, chapter I, part 63 of the Code of and test methods. and other required information to the Federal Regulations is amended as * * * * * U.S. Senate, the U.S. House of follows: Representatives, and the Comptroller (a) * * * General of the United States prior to PART 63—[Amended] (1) Determine the overall PM emission publication of the rule in the Federal limit for the chemical recovery system Register. This action is not a ‘‘major ■ 1. The authority citation for part 63 at the mill using Equation 1 of this rule’’ as defined by 5 U.S.C. 804(2). continues to read as follows: section as follows:

[]()CQ()+ () CQF()()1 = ref,, RF RFtot ref LK LKtot + EL PM ER1ref,SDT ()BLStot

Where: day (Mg/d) (tons per day (ton/d)) of ENVIRONMENTAL PROTECTION ELPM = Overall PM emission limit for all black liquor solids fired; and AGENCY existing process units in the ER1 = Reference emission rate of ref, SDT 40 CFR Part 271 chemical recovery system at the 0.10 kg/Mg (0.20 lb/ton) of black kraft or soda pulp mill, kg/Mg (lb/ liquor solids fired for existing kraft ton) of black liquor solids fired; or soda smelt dissolving tanks. [FRL–7530–9] Cref, RF = Reference concentration of 0.10 g/dscm (0.044 gr/dscf) corrected to * * * * * Georgia: Final Authorization of State 8 percent oxygen for existing kraft ■ 4. Section 63.867 is amended by Hazardous Waste Management or soda recovery furnaces; revising paragraph (a)(3) to read as Program Revision QRFtot = Sum of the average volumetric follows: gas flow rates measured during the AGENCY: Environmental Protection performance test and corrected to 8 § 63.867 Reporting requirements. Agency (EPA). percent oxygen for all existing (a) * * * ACTION: Immediate final rule. recovery furnaces in the chemical (3) In addition to the requirements in recovery system at the kraft or soda SUMMARY: Georgia has applied to EPA pulp mill, dry standard cubic subpart A of this part, the owner or for Final authorization of the changes to meters per minute (dscm/min) (dry operator of the hog fuel dryer at its hazardous waste program under the standard cubic feet per minute Weyerhaeuser Paper Company’s Resource Conservation and Recovery (dscf/min)); Cosmopolis, Washington, facility Act (RCRA). EPA has determined that (Emission Unit no. HD–14) must Cref, LK = Reference concentration of 0.15 these changes satisfy all requirements g/dscm (0.064 gr/dscf) corrected to include analysis and supporting needed to qualify for Final 10 percent oxygen for existing kraft documentation demonstrating authorization, and is authorizing the or soda lime kilns; conformance with EPA guidance and State’s changes through this immediate QLKtot = Sum of the average volumetric specifications for bag leak detection final action. EPA is publishing this rule gas flow rates measured during the systems in § 63.864(e)(12) in the to authorize the changes without a prior performance test and corrected to Notification of Compliance Status. proposal because we believe this action 10 percent oxygen for all existing * * * * * is not controversial and do not expect lime kilns in the chemical recovery comments that oppose it. Unless we get system at the kraft or soda pulp [FR Doc. 03–18001 Filed 7–17–03; 8:45 am] written comments which oppose this mill, dscm/min (dscf/min); BILLING CODE 6560–50–P authorization during the comment F1 = Conversion factor, 1.44 minutes· period, the decision to authorize kilogram/day·gram (min·kg/d·g) Georgia’s changes to their hazardous (0.206 minutes·pound/day·grain waste program will take effect. If we get (min·lb/d·gr)); comments that oppose this action, we BLStot = Sum of the average black liquor will publish a document in the Federal solids firing rates of all existing Register withdrawing this rule before it recovery furnaces in the chemical takes effect and a separate document in recovery system at the kraft or soda the proposed rules section of this pulp mill measured during the Federal Register will serve as a proposal performance test, megagrams per to authorize the changes.

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DATES: This Final authorization will changes described in the authorization the Federal Register before the rule become effective on September 16, 2003 application. Georgia has responsibility becomes effective. EPA will base any unless EPA receives adverse written for permitting Treatment, Storage, and further decision on the authorization of comment by August 18, 2003. If EPA Disposal Facilities (TSDFs) within its the State program changes on the receives such comment, it will publish borders and for carrying out the aspects proposal mentioned in the previous a timely withdrawal of this immediate of the RCRA program described in its paragraph. We will then address all final rule in the Federal Register and revised program application, subject to public comments in a later final rule. inform the public that this authorization the limitations of the Hazardous and You may not have another opportunity will not take effect. Solid Waste Amendments of 1984 to comment. If you want to comment on ADDRESSES: Send written comments to (HSWA). New Federal requirements and this authorization, you must do so at Narindar M. Kumar, Chief, RCRA prohibitions imposed by Federal this time. Programs Branch, Waste Management regulations that EPA promulgates under If we receive comments that oppose Division, U.S. Environmental Protection the authority of HSWA take effect in only the authorization of a particular Agency, The Sam Nunn Federal Center, authorized States before they are change to the State hazardous waste 61 Forsyth Street, SW., Atlanta, Georgia authorized for the requirements. Thus, program, we will withdraw that part of 30303-8960; (404) 562–8440. We must EPA will implement those requirements this rule but the authorization of the receive your comments by August 18, and prohibitions in Georgia, including program changes that the comments do 2003. You can view and copy Georgia’s issuing permits, until the State is not oppose will become effective on the application from 8 a.m. to 4:30 p.m. at granted authorization to do so. date specified above. The Federal The Georgia Department of Natural Register withdrawal document will C. What Is the Effect of Today’s specify which part of the authorization Resources, Environmental Protection Authorization Decision? Division, 2 Martin Luther King, Jr. will become effective, and which part is being withdrawn. Drive, Suite 1154 East, Atlanta, Georgia The effect of this decision is that a 30334–4910, and from 8:30 a.m. to 3:45 facility in Georgia subject to RCRA will F. What Has Georgia Previously Been p.m. EPA Region 4, Library, The Sam now have to comply with the authorized Authorized for? State requirements instead of the Nunn Atlanta Federal Center, 61 Georgia initially received Final Forsyth Street, SW., Atlanta, Georgia equivalent Federal requirements in order to comply with RCRA. Georgia has authorization on August 7, 1984, 30303–8960, Phone number (404) 562- effective August 21, 1984 (49 FR 31417), 8190, Patricia Strougal, Librarian. enforcement responsibilities under its State hazardous waste program for to implement the RCRA hazardous FOR FURTHER INFORMATION CONTACT: violations of such program, but EPA waste management program. We granted Narindar M. Kumar, Chief, RCRA retains its authority under RCRA authorization for changes to their Programs Branch, Waste Management sections 3007, 3008, 3013, and 7003, program on July 7, 1986, effective Division, U.S. Environmental Protection which include, among others, authority September 18, 1986 (51 FR 24549), July Agency, The Sam Nunn Federal Center, to: 28, 1988, effective September 26, 1988 61 Forsyth Street, SW., Atlanta, Georgia • Do inspections, and require (53 FR 28383), July 24, 1990, effective 30303-8960; (404) 562–8440. monitoring, tests, analyses or reports September 24, 1990 (55 FR 30000), SUPPLEMENTARY INFORMATION: • Enforce RCRA requirements and February 12, 1991, effective April 15, suspend or revoke permits 1991 (56 FR 5656), May 11, 1992, A. Why Are Revisions to State • effective July 10, 1992 (57 FR 20055), Programs Necessary? Take enforcement actions regardless of whether the State has taken its own November 25, 1992, effective January States which have received final actions 25, 1993 (57 FR 55466), February 26, authorization from EPA under RCRA This action does not impose 1993, effective April 27, 1993 (58 FR section 3006(b), 42 U.S.C. 6926(b), must additional requirements on the 11539), November 16, 1993, effective maintain a hazardous waste program regulated community because the January 18, 1994 (58 FR 60388), April that is equivalent to, consistent with, regulations for which Georgia is being 26, 1994, effective June 27, 1994 (59 FR and no less stringent than the Federal authorized by today’s action are already 21664), May 10, 1995, effective July 10, program. As the Federal program effective, and are not changed by today’s 1995 (60 FR 24790), August 30, 1995, changes, States must change their action. effective October 30, 1995 (60 FR programs and ask EPA to authorize the 45069), March 7, 1996, effective May 6, changes. Changes to State programs may D. Why Wasn’t There a Proposed Rule 1996 (61 FR 9108), September 18, 1998, be necessary when Federal or State Before Today’s Rule? effective November 17, 1998 (63 FR statutory or regulatory authority is EPA did not publish a proposal before 49852), October 14, 1999, effective modified or when certain other changes today’s rule because we view this as a December 13, 1999 (64 FR 55629), occur. Most commonly, States must routine program change and do not November 28, 2000, effective March 30, change their programs because of expect comments that oppose this 2001 (66 FR 8090), July 16, 2002, changes to EPA’s regulations in 40 Code approval. We are providing an effective September 16, 2002 (67 FR of Federal Regulations (CFR) parts 124, opportunity for public comment now. In 46600), and November 19, 2002, 260 through 266, 268, 270, 273 and 279. addition to this rule, in the proposed effective January 21, 2003 (67 FR rules section of today’s Federal Register B. What Decisions Have We Made in 69690). we are publishing a separate document This Rule? G. What Changes Are We Authorizing that proposes to authorize the State With Today’s Action? We conclude that Georgia’s program changes. application to revise its authorized On March 31, 2003, Georgia program meets all of the statutory and E. What Happens if EPA Receives submitted a final complete program regulatory requirements established by Comments That Oppose This Action? revision application, seeking RCRA. Therefore, we grant Georgia If EPA receives comments that oppose authorization of their changes in Final authorization to operate its this authorization, we will withdraw accordance with 40 CFR 271.21. hazardous waste program with the this rule by publishing a document in Georgia’s revision consists of provisions

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promulgated July 1, 2000 through June 2002, effective December 30, 2002. We necessary to qualify for Final 30, 2001, otherwise known as RCRA now make an immediate final decision, authorization. Therefore, we grant Cluster XI. The Georgia Board of Natural subject to receipt of written comments Georgia Final authorization for the Resources adopted RCRA Cluster XI that oppose this action, that Georgia’s following program changes: rules on January 23, 2002, effective hazardous waste program revision February 25, 2002, and December 4, satisfies all of the requirements

Description of Federal requirement Federal Register Analogous State authority 1

Checklist 188, NESHAPS: Final Standards for 65 FR 42292–42302, 7/10/2000 ...... Rule 391–3–11–.07(1). Hazardous Air Pollutants for Hazardous amended, 66 FR 24270–24272, 5/14/01 Rule 391–3–11–.22(7)(d). Waste Combustors; Technical Corrections amended, 66 FR 35087–35107, 7/3/2001 Rule 391–3–11–.10(2).2 Hazardous Air Pollutant Standards; Technical Corrections. Checklist 189, Hazardous Waste Management 65 FR 67068–67133, 11/8/2000 ...... Rule 391–3–11–.07(1). System; Identification and Listing of Haz- Rule 391–3–11–.16. ardous Waste; Chlorinated Aliphatics Produc- tion Wastes; Land Disposal Restrictions for Newly Identified Wastes; and CERCLA Haz- ardous Substance Designation and Report- able Quantities. Checklist 190, Deferral of Phase IV—Standards 65 FR 81373–81381, 12/26/2000 ...... Rule 391–3–11–.16. for PCBs as a Constituent Subject to Treat- ment in Soil. Land Disposal Restrictions Phase IV—Deferral for PCBs in Soil. Checklist 191, Storage, Treatment, Transpor- 66 FR 27218–27266, 5/16/2001 ...... Rule 391–3–11–.10(3). tation, and Disposal of Mixed Waste. Mixed Waste Rule. Checklist 192 A and B, Hazardous Waste Iden- 66 FR 27266–27297, 5/16/2001. tification Rule (HWIR): Revisions to the Mix- ture and Derived-From Rules. A. Mixture and Derived from Rules Rule 391–3–11–.07(1). Revisions. B. Land Disposal Restrictions Corrections Rule 391–3–11–.16. Checklist 193, Change of Official EPA Mailing 66 FR 34374–34376, 6/28/2001 ...... Rule 391–3–11–.02(1). Address; Additional Technical Amendments and Corrections.. 1 The Georgia Provisions are from the Georgia Hazardous Waste Management Regulations effective February 25, 2002. 2 Rule effective December 30, 2002.

H. Where Are the Revised State Rules J. What Is Codification and Is EPA pre-existing requirements under State Different From the Federal Rules? Codifying Georgia’s Hazardous Waste law and does not impose any additional Program as Authorized in This Rule? enforceable duty beyond that required There are no State requirements in by State law, it does not contain any this program revision considered to be Codification is the process of placing the State’s statutes and regulations that unfunded mandate or significantly or more stringent or broader in scope than comprise the State’s authorized uniquely affect small governments, as the Federal requirements. hazardous waste program into the Code described in the Unfunded Mandates I. Who Handles Permits After the of Federal Regulations. We do this by Reform Act of 1995 (Public Law 104–4). Authorization Takes Effect? referencing the authorized State rules in For the same reason, this action also 40 CFR part 272. We reserve the does not significantly or uniquely affect Georgia will issue permits for all the amendment of 40 CFR part 272, subpart the communities of Tribal governments, provisions for which it is authorized L for this authorization of Georgia’s as specified by Executive Order 13175 and will administer the permits it program changes until a later date. (65 FR 67249, November 9, 2000). This issues. EPA will continue to administer action will not have substantial direct K. Administrative Requirements any RCRA hazardous waste permits or effects on the States, on the relationship portions of permits which we issued The Office of Management and Budget between the national government and prior to the effective date of this has exempted this action from the the States, or on the distribution of authorization until they expire or are requirements of Executive Order 12866 power and responsibilities among the terminated. We will not issue any more (58 FR 51735, October 4, 1993), and various levels of government, as new permits or new portions of permits therefore this action is not subject to specified in Executive Order 13132 (64 for the provisions listed in the Table review by OMB. This action authorizes FR 43255, August 10, 1999), because it merely authorizes State requirements as above after the effective date of this State requirements for the purpose of part of the State RCRA hazardous waste authorization. EPA will continue to RCRA 3006 and imposes no additional requirements beyond those imposed by program without altering the implement and issue permits for HSWA State law. Accordingly, I certify that this relationship or the distribution of power requirements for which Georgia is not action will not have a significant and responsibilities established by yet authorized. economic impact on a substantial RCRA. This action also is not subject to number of small entities under the Executive Order 13045 (62 FR 19885, Regulatory Flexibility Act (5 U.S.C. 601 April 23, 1997), because it is not et seq.). Because this action authorizes economically significant and it does not

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make decisions based on environmental transportation, Indians’ lands, DATES: Effective August 18, 2003. health or safety risks. This rule is not Intergovernmental relations, Penalties, FOR FURTHER INFORMATION CONTACT: subject to Executive Order 13211, Reporting and recordkeeping Deborah Dupont, Media Bureau, (202) ‘‘Actions Concerning Regulations That requirements. 418–2180. Significantly Affect Energy Supply, Authority: This action is issued under the SUPPLEMENTARY INFORMATION: This is a Distribution, or Use’’ (66 FR 28355 (May authority of 42 U.S.C. 6912(a), 6926, 6974(b). synopsis of the Commission’s Report 22, 2001)) because it is not a significant and Order, MB Docket No. 03–47, regulatory action under Executive Order Dated: July 2, 2003. adopted July 1, 2003, and released July 12866. A. Stanley Meiburg, Under RCRA section 3006(b), EPA Acting Regional Administrator, Region 4. 3, 2003. The full text of this grants a State’s application for [FR Doc. 03–18297 Filed 7–17–03; 8:45 am] Commission decision is available for inspection and copying during normal authorization as long as the State meets BILLING CODE 6560–50–P the criteria required by RCRA. It would business hours in the FCC Information thus be inconsistent with applicable law Center, Portals II, 445 12th Street, SW, Room CY–A257, Washington, DC 20554. for EPA, when it reviews a State FEDERAL COMMUNICATIONS The complete text of this decision may authorization application, to require the COMMISSION use of any particular voluntary also be purchased from the consensus standard in place of another 47 CFR Part 73 Commission’s duplicating contractor, standard that otherwise satisfies the Qualex International, Portals II, 445 [DA 03–2112; MB Docket No. 03–47; RM– 12th Street, SW, Room CY–B402, requirements of RCRA. Thus, the 10592] requirements of section 12(d) of the Washington, DC, 20554, (202) 863–2893, facsimile (202) 863–2898, or via e-mail National Technology Transfer and Radio Broadcasting Services; Orange, [email protected]. Advancement Act of 1995 (15 U.S.C. VA, Midlothian, VA, Reidsville, NC and 272 note) do not apply. As required by South Hill, VA List of Subjects in 47 CFR Part 73 section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing AGENCY: Federal Communications Radio, Radio broadcasting. this rule, EPA has taken the necessary Commission. ■ Part 73 of title 47 of the Code of Federal steps to eliminate drafting errors and ACTION: Final rule. Regulations is amended as follows: ambiguity, minimize potential litigation, SUMMARY: and provide a clear legal standard for The Audio Division, at the PART 73—RADIO BROADCAST affected conduct. EPA has complied request of Piedmont Communications, SERVICES with Executive Order 12630 (53 FR Inc., licensee of FM Station WJMA, Orange, Virginia, and Old Belt ■ 1. The authority citation for Part 73 8859, March 15, 1988) by examining the continues to read as follows: takings implications of the rule in Broadcasting Corporation, licensee of accordance with the ‘‘Attorney FM Station WKSK, South Hill, Virginia, Authority: 47 U.S.C. 154, 303, 334 and 336. General’s Supplemental Guidelines for deletes Orange, Virginia, Channel 255A, from the FM Table of Allotments, allots § 73.202 [Amended] the Evaluation of Risk and Avoidance of ■ 2. Section 73.202(b), the Table of FM Unanticipated Takings’’ issued under Channel 255B1 at Midlothian, Virginia, as the community’s first local FM Allotments under North Carolina, is the executive order. amended by removing Channel 271C and This rule does not impose an service, and modifies the license of FM by adding Channel 271C0 at Reidsville. information collection burden under the Station WJMA to specify operation on ■ 3. Section 73.202(b), the Table of FM provisions of the Paperwork Reduction Channel 255B1 at Midlothian. The order Allotments under Virginia, is amended Act of 1995 (44 U.S.C. 3501 et seq.). further substitutes Channel 270A for The Congressional Review Act, 5 Channel 255B3 at South Hill, Virginia, by removing Orange, Channel 255A; by U.S.C. 801 et seq., as added by the Small and substitutes Channel 271C0 for adding Midlothian, Channel 255B1; by Business Regulatory Enforcement Channel 271C at Reidsville, North removing Channel 255C3 and by adding Fairness Act of 1996, generally provides Carolina. Channel 255B1 can be allotted Channel 270A at South Hill. that before a rule may take effect, the to Midlothian, Virginia, in compliance Federal Communications Commission. agency promulgating the rule must with the Commission’s minimum John A. Karousos, submit a rule report, which includes a distance separation requirements with a Assistant Chief, Audio Division, Media copy of the rule, to each House of the site restriction of 12.7 km (7.9 miles) Bureau. Congress and to the Comptroller General northwest of Midlothian. The [FR Doc. 03–18229 Filed 7–17–03; 8:45 am] of the United States. EPA will submit a coordinates for Channel 255B1 at BILLING CODE 6712–01–P report containing this document and Midlothian, Virginia, are 37–30–21 other required information to the U.S. North Latitude and 77–38–58 West Senate, the U.S. House of Longitude. Channel 270A can be FEDERAL COMMUNICATIONS Representatives, and the Comptroller allotted to South Hill, Virginia, in COMMISSION General of the United States prior to compliance with the Commission’s publication in the Federal Register. A minimum distance separation 47 CFR Part 73 major rule cannot take effect until 60 requirements with a site restriction of days after it is published in the Federal 12.4 km (7.7 miles) northwest of South [DA 03–2106; MB Docket No. 03–89, RM– Register. This action is not a ‘‘major Hill. The coordinates for Channel 270A 10689] rule’’ as defined by 5 U.S.C. 804(2). at South Hill, Virginia, are 36–43–35 North Latitude and 78–07–45 West Radio Broadcasting Services; List of Subjects in 40 CFR Part 271 Longitude. Channel 271C0 can be Okeechobee, FL Environmental protection, substituted for Channel 271C at AGENCY: Federal Communications Administrative practice and procedure, Reidsville, North Carolina, at the Commission. Confidential business information, existing licensed coordinates for FM ACTION: Final rule. Hazardous waste, Hazardous waste Station WJMH.

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SUMMARY: The Audio Division, at the FEDERAL COMMUNICATIONS PART 73—RADIO BROADCAST request of George S. Kalman, allots COMMISSION SERVICES Channel 291A to Okeechobee, Florida, ■ as the community’s first local aural 47 CFR Part 73 1. The authority citation for part 73 transmission service. See 68 FR 18180, continues to read as follows: April 15, 2003. Channel 291A can be [DA 03–2107; MB Docket No. 03–79, RM– Authority: 47 U.S.C. 154, 303, 334 and 336. allotted to Okeechobee, in compliance 10673] § 73.202 [Amended] with the Commission’s minimum Radio Broadcasting Services; distance separation requirements, ■ 2. Section 73.202(b), the Table of FM Ridgecrest, CA provided there is a site restriction of 13 Allotments under California, is amended kilometers (8.1 miles) northwest of the AGENCY: Federal Communications by adding Channel 252A at Ridgecrest. community. The reference coordinates Commission. Federal Communications Commission. for Channel 291A at Okeechobee are 27– ACTION: Final rule. John A. Karousos, 20–30 North Latitude and 80–54–08 Assistant Chief, Audio Division, Media West Longitude. A filing window for SUMMARY: The Audio Division, at the Bureau. Channel 291A at Okeechobee, Florida, request of Dana J. Puopolo, allots [FR Doc. 03–18250 Filed 7–17–03; 8:45 am] will not be opened at this time. Instead, Channel 252A to Ridgecrest, California, BILLING CODE 6712–01–P the issue of opening a filing window for as the community’s third FM this channel will be addressed by the commercial service. See 68 FR 17593, Commission in a subsequent order. April 10, 2003. Channel 252A can be FEDERAL COMMUNICATIONS DATES: Effective August 18, 2003. allotted to Ridgecrest, in compliance COMMISSION ADDRESSES: Federal Communications with the Commission’s minimum Commission, 445 Twelfth Street, SW., distance separation requirements, 47 CFR Part 73 Washington, DC 20554. provided there is a site restriction of [DA 03–2105; MB Docket No. 03–86 RM– 12.5 kilometers (7.7 miles) west of the FOR FURTHER INFORMATION CONTACT: 10685] community. The reference coordinates Rolanda F. Smith, Media Bureau, (202) for Channel 252A at Ridgecrest are 35– 418–2180. Radio Broadcasting Services; George 39–19 North Latitude and 117–48–06 West, TX SUPPLEMENTARY INFORMATION: This is a West Longitude. A filing window for synopsis of the Commission’s Report Channel 252A at Ridgecrest, California, AGENCY: Federal Communications and Order, MB Docket No. 03–89, will not be opened at this time. Instead, Commission. adopted July 1, 2003, and released July the issue of opening a filing window for ACTION: Final rule. 3, 2003. The full text of this this channel will be addressed by the SUMMARY: In this document, the Commission decision is available for Commission in a subsequent order. inspection and copying during regular Commission allots Channel 250A at DATES: Effective August 18, 2003. business hours at the FCC’s Reference George West, Texas, in response to a Information Center, Portals II, 445 ADDRESSES: Federal Communications petition filed by Charles Crawford. See Twelfth Street, SW., Room CY–A257, Commission, 445 Twelfth Street, SW., 68 FR 18178 (April 15, 2003). Channel Washington, DC 20554. The complete Washington, DC 20554. 250A can be allotted at George West, text of this decision may also be FOR FURTHER INFORMATION CONTACT: Texas, with a site restriction 12 purchased from the Commission’s Rolanda F. Smith, Media Bureau, (202) kilometers (7.4 miles) southwest of the duplicating contractor, Qualex 418–2180. community at coordinates 28–14–07 International, Portals II, 445 12th Street, SUPPLEMENTARY INFORMATION: This is a and 98–09–43. Although Mexican SW., Room CY–B402, Washington, DC, synopsis of the Commission’s Report concurrence has been requested for the 20554, telephone 202–863–2893, and Order, MB Docket No. 03–79, allotment of Channel 250A at George facsimile 202–863–2898, or via e-mail adopted July 1, 2003, and released July West, notification has not been received. [email protected]. 3, 2003. The full text of this Therefore, operation with the facilities specified for George West herein is List of Subjects in 47 CFR Part 73 Commission decision is available for inspection and copying during regular subject to modification, suspension or Radio, Radio broadcasting. business hours at the FCC’s Reference termination without right to hearing, if Information Center, Portals II, 445 found by the Commission to be PART 73—RADIO BROADCAST Twelfth Street, SW., Room CY–A257, necessary in order to conform to the SERVICES Washington, DC 20554. The complete 1992 USA-Mexico FM Broadcast text of this decision may also be Agreement or if specifically objected to ■ 1.The authority citation for part 73 by Mexico. With this action, this continues to read as follows: purchased from the Commission’s duplicating contractor, Qualex proceeding is terminated. A filing Authority: 47 U.S.C. 154, 303, 334 and 336. International, Portals II, 445 Twelfth window for channel 250A at George West will not be opened at this time. § 73.202 [Amended] Street, SW., Room CY–B402, Washington, DC, 20554, telephone 202– Instead, the issue of opening this ■ 2.Section 73.202(b), the Table of FM 863–2893, facsimile 202–863–2898, or allotment for auction will be addressed Allotments under Florida, is amended by via e-mail [email protected]. by the Commission in a subsequent adding Okeechobee, Channel 291A. order. Federal Communications Commission. List of Subjects in 47 CFR Part 73 DATES: Effective August 18, 2003. John A. Karousos, Radio, Radio broadcasting. FOR FURTHER INFORMATION CONTACT: Assistant Chief, Audio Division, Media ■ For the reasons discussed in the Kathleen Scheuerle, Media Bureau, Bureau. preamble, the Federal Communications (202) 418–2180. [FR Doc. 03–18230 Filed 7–17–03; 8:45 am] Commission amends 47 CFR part 73 as SUPPLEMENTARY INFORMATION: This is a BILLING CODE 6712–01–P follows: synopsis of the Commission’s Report

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and Order, MB Docket No. 03–86, MVDDS. We believe that these actions conclude that a five-year substantial adopted July 1, 2003, and released July will better facilitate the delivery of service build out requirement is more 3, 2003. The full text of this advanced wireless services in the 12 appropriate for the MVDDS. We believe Commission decision is available for GHz band and promote expeditious that these actions will facilitate delivery inspection and copying during normal deployment of such services to a wide of advanced wireless services in the 12 business hours in the Commission’s range of populations, including GHz band and promote expeditious Reference Center, 445 12th Street, SW, unserved and underserved deployment of such services to a wide Washington, DC. The complete text of communities. range of populations, including this decision may also be purchased DATES: Effective September 16, 2003. unserved and underserved communities. from the Commission’s copy ADDRESSES: Federal Communications contractors, Qualex International, Commission 445 12th Street, SW., TW– Procedural Matters Portals II, 445 12th Street, SW, Room A325, Washington, DC 20554. CY–B402, Washington, DC, 20554, Final Regulatory Flexibility Analysis FOR FURTHER INFORMATION CONTACT: telephone 202–863–2893, facsimile Jennifer Burton, Public Safety and 3. The Final Regulatory Flexibility 202–863–2898, or via e-mail Private Wireless Division, Wireless Analysis, required by section 603 of the [email protected]. Telecommunications Bureau at (202) Regulatory Flexibility Act, as amended List of Subjects in 47 CFR Part 73 418–0680, email [email protected]. by the Congressional Review Act, Public Law No. 104–121 (1996). Radio, Radio broadcasting. SUPPLEMENTARY INFORMATION: This is a Part 73 of Title 47 of the Code of summary of the FCC’s Third Report and Paperwork Reduction Act Federal Regulations is amended as Order, FCC 03–152, adopted on June 25, 4. The Third R&O contains modified follows: 2003, and released on July 7, 2003. The information collection(s) subject to the full text of this document is available for Paperwork Reduction Act of 1995 PART 73—RADIO BROADCAST inspection and copying during normal (PRA), Public Law 104–13. It will be SERVICES business hours in the FCC Reference submitted to the Office of Management Center, 445 12th Street, SW., ■ and Budget (OMB) for review under the 1. The authority citation for Part 73 Washington, DC 20554. The complete PRA. OMB, the general public and other continues to read as follows: text may be purchased from the FCC’s Federal agencies are invited to comment Authority: 47 U.S.C. 154, 303, 334 and 336. copy contractor, Qualex International, on the modified information 445 12th Street, SW., Room CY–B402, collection(s) contained in this ■ 2. Section 73.202(b), the Table of FM Washington, DC 20554. The full text proceeding. Allotments under Texas, is amended by may also be downloaded at: http:// adding Channel 250A at George West. www.fcc.gov. Alternative formats are Final Regulatory Flexibility Analysis Federal Communications Commission. available to persons with disabilities by 5. As required by the Regulatory John A. Karousos, contacting Brian Millin at (202) 418– Flexibility Act (RFA), we incorporated 7426 or TTY (202) 418–7365 or at Assistant Chief, Audio Division, Media an Initial Regulatory Flexibility Bureau. [email protected]. Analysis (IRFA) in the Second Further 1. In the Third R&O, we revise our Notice of Proposed Rule Making. In [FR Doc. 03–18251 Filed 7–17–03; 8:45 am] service area definition and build out BILLING CODE 6712–01–P view of the fact that we have adopted a requirement for the Multichannel Video further rule amendment in the Third Distribution and Data Service (MVDDS) Report and Order, we have included FEDERAL COMMUNICATIONS in the 12.2–12.7 GHz band (12 GHz this Final Regulatory Flexibility COMMISSION band). In the Second Further Notice of Analysis (FRFA). This present FRFA Proposed Rule Making (Second Further conforms to the RFA. 47 CFR Part 101 Notice), 68 FR 19486, (April 21, 2003), in this proceeding, we sought further Need for, and Objectives of the Third [ET Docket No. 98–206; RM–9147; RM–9245; comment on the most appropriate Report and Order FCC 03–152] service area definition for the 6. In the Third Report and Order, we Commission’s Rules To Permit geographic licensing of MVDDS. In this revisit the geographic licensing plan Operation of NGSO FSS Systems Co- connection, we sought comment on adopted in the Second Report and Frequency With GSO and Terrestrial whether use of the DMAs defined by Order, 67 FR 63279, (October 11, 2002), Systems in the Ku-Band Frequency Nielsen Media Research (Nielsen) will and adopt a revised licensing framework Range facilitate delivery of advanced wireless for MVDDS. In the Second Report and services, such as video and data Order, the Commission adopted a AGENCY: Federal Communications broadband services, to a wide range of service area definition for MVDDS on Commission. populations, including those areas that the basis of Component Economic Areas ACTION: Final rule. are unserved and underserved. In (CEAs). Based on the previously- addition, we sought comment on established record in this proceeding, SUMMARY: In this document we revise whether we should modify the MVDDS differing responsive comments to the our service area definition and build out build out requirement as a means to January 20, 2003 Auction PN received requirement for the Multichannel Video foster expeditious deployment of from Northpoint Technology, Ltd. Distribution and Data Service (MVDDS) advanced wireless services to these (Northpoint) and MDS America on the in the 12.2–12.7 GHz band (12 GHz communities as well. issue of service area designations, and band). Specifically, we adopt 2. Upon consideration of the record in on subsequent discussions between Designated Market Areas (DMAs) as the this proceeding, including but not Commission staff and Nielsen service area definition for MVDDS. We limited to the comments filed in representatives concerning the use of its also conclude that a five-year response to the Second Further Notice, DMAs, we revisited the service area substantial service build out we adopt DMAs as the service area designation. We are persuaded to adopt requirement is more appropriate for the definition for MVDDS. We also a service area definition for MVDDS on

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the basis of DMAs instead of CEAs. We receipts of $10 million or more but less Commission’s Rules. The Commission, believe that licensing MVDDS on the than $25 million. Consequently, we however, does not collect annual basis of DMAs may place wireless estimate that the majority of providers revenue data for DBS and, therefore, is competitors on the same economic in this service category are small unable to ascertain the number of small footing as cable systems, which businesses that may be affected by the DBS licensees meeting this definition generally have a royalty-free statutory rules and policies adopted herein. We that could be impacted by these rules. copyright license to retransmit local address below each service individually DBS service requires a great investment television programming within the to provide a more precise estimate of of capital for operation, and we DMA of the station being rebroadcast. In small entities. acknowledge that there are entrants in addition, we believe that the use of 11. Cable Services. The Commission this field that may not yet have DMAs may be administratively easier has developed, with SBA’s approval, a generated $11 million in annual for licensees due to the close nexus definition of a small cable system receipts, and therefore may be between the television viewer market operator for the purposes of rate categorized as a small business by the areas as determined by the DMA regulation. Under the Commission’s SBA, if independently owned and delineation and the proposed use of the rules, a ‘‘small cable company’’ is one operated. service (the delivery of television serving 400,000 or fewer subscribers 14. Auxiliary, Special Broadcast and programming). nationwide. In 1996, the Commission other program distribution services. 7. We also took the opportunity to estimated that 1,439 cable operators This service involves a variety of explore whether the current build out qualified as small cable companies. transmitters, generally used to relay requirement sufficiently promotes Since then, some of those companies broadcast programming to the public expeditious deployment of service. We may have grown to serve over 400,000 (through translator and booster stations) believe that reducing the build out subscribers, and others may have been or within the program distribution chain period from ten years to five years will involved in transactions that caused (from a remote news gathering unit back ensure effective use of the spectrum and them to merge with other cable to the station). The Commission has not a faster deployment of service to the operators. Consequently, using this developed a definition of small entities public. definition, we estimate that the applicable to broadcast auxiliary decisions and rules may affect fewer licensees. Therefore, the applicable Summary of Significant Issues Raised by than 1,439 small entity cable system definition of small entity is the Public Comments in Response to the operators. definition under the SBA rules FRFA 12. The Communications Act defines applicable to radio stations (NAICS 8. We received no comments in a small cable system operator as ‘‘a 513112), and television broadcasting response to the IRFA in the Second cable operator that, directly or through (NAICS 513120). These definitions Further Notice. an affiliate, serves in the aggregate less provide, respectively, that a small entity Description and Estimate of the Number than one percent of all subscribers in is one with either $6 million or less in of Small Entities to Which the Rules the United States and is not affiliated annual receipts or $12 million in annual with any entity or entities whose gross Will Apply receipts. The numbers of these stations annual revenues in the aggregate exceed are very small. The Commission does 9. The RFA directs agencies to $250,000,000.’’ The Commission has not collect financial information on provide a description of, and, where determined that there are 61,700,000 these auxiliary broadcast facilities. The feasible an estimate of, the number of subscribers in the United States. Commission, however, continues to small entities that may be affected by Therefore, we deem an operator serving believe that most, if not all, of these the rules adopted herein. The RFA fewer than 617,000 subscribers to be a auxiliary facilities could be classified as generally defines the term ‘‘small small operator under the small businesses by themselves. We also entity’’ as having the same meaning as Communications Act definition, if its recognize that most of these types of the terms ‘‘small business,’’ ‘‘small annual revenues, when combined with services are owned by a parent station organization,’’ and ‘‘small governmental the total annual revenues of all of its which, in some cases, would be covered jurisdiction.’’ In addition, the term affiliates, do not exceed $250 million in by the revenue definition of small ‘‘small business’’ has the same meaning the aggregate. Based on available data, business entity discussed above. These as the term ‘‘small business concern’’ we find that the number of cable stations would likely have annual under the Small Business Act. A small operators serving 617,000 subscribers or revenues that exceed the SBA maximum business concern is one which: (1) Is less totals approximately 1,450. to be designated as a small business (as independently owned and operated; (2) Although it seems certain that some of noted, either $6 million for a radio is not dominant in its field of operation; these cable system operators are station or $12 million for a TV station). and (3) satisfies any additional criteria affiliated with entities whose gross Furthermore, they do not meet the established by the Small Business annual revenues exceed $250,000,000, SBA’s definition of a ‘‘small business Administration (SBA). we are unable at this time to estimate concern’’ because they are not 10. Small Multichannel Video with greater precision the number of independently owned and operated. Programming Distributors (MVPDs). The cable system operators that would 15. Private Operational Fixed Service. SBA has developed a small business qualify as small cable operators under Incumbent microwave services in the size standard for Cable and Other the definition in the Communications 12.2–12.7 GHz bands include common Program Distribution, which includes Act. carrier, private operational fixed (POF), all such companies generating $12.5 13. DBS Service. DBS falls within the and broadcast auxiliary service (BAS) million or less in annual receipts. SBA definition of Cable and Other services. Presently, there are According to Census Bureau data for Program Distribution (NAICS 513220). approximately 22,015 common carrier 1997, there were a total of 1,311 firms As noted, this definition provides that a licensees, and approximately 61,670 in this category, total, that had operated small entity has $12.5 million or less in POF licensees and broadcast auxiliary for the entire year. Of this total, 1,180 annual receipts. The operational radio licensees in the microwave firms had annual receipts of under $10 licensees of DBS services in the United service. Inasmuch as the Commission million and an additional 52 firms had States are governed by Part 100 of the has not yet defined a small business

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with respect to these incumbent DMAs better comports with the PART 101—FIXED MICROWAVE microwave services, we utilized the proposed service and that this decision SERVICES SBA’s definition applicable to cellular will place wireless competitors to cable ■ and other wireless telecommunications services on the same economic footing 1. The authority citation for part 101 companies (NAICS 513322); i.e., an as cable systems, which generally have continues to read as follows: entity with no more than 1,500 persons. a royalty-free statutory copyright license Authority: 47 U.S.C. 154, 303. We estimate, for this purpose, that all of to retransmit local TV programming ■ 2. Section 101.1401 is revised to read the Fixed Microwave licensees within the DMA of the station being as follows: (excluding broadcast auxiliary rebroadcast. licensees) would qualify as small 20. We also revisited the build out § 101.1401 Service areas. entities under the SBA definition for requirement to establish a five-year Multichannel Video Distribution and radiotelephone companies. 16. The rules set forth in the Third construction period in the Third Report Data Service (MVDDS) is licensed on Report and Order will affect all entities and Order, in lieu of the ten-year the basis of Designated Market Areas that intend to provide terrestrial construction period established in the (DMAs). The 214 DMA service areas are MVDDS operations in the 12.2–12.7 Second Report and Order. We do not based on the 210 Designated Market GHz band. anticipate any adverse impact on small Areas delineated by Nielsen Media entities. We determined that the revised Research and published in its Description of Projected Reporting, time frame was necessary in order to publication entitled U.S. Television Recordkeeping, and Other Compliance promote timely service to the public, Household Estimates, September 2002, Requirements and that those interested in providing plus four FCC-defined DMA-like service 17. The Third Report and Order service will have ample time to modify areas. modifies the reporting, recordkeeping or their business plans prior to a (a) Alaska—Balance of State (all other compliance requirements competitive bidding procedure. geographic areas of Alaska not included previously adopted in this proceeding. in Nielsen’s three DMAs for the state: We are changing the service area Report to Congress Anchorage, Fairbanks, and Juneau); (b) Guam and the Northern Mariana designation from CEAs to DMAs, 21. The Commission will send a copy Islands; resulting in a change in the number and of the Third Report and Order, (c) Puerto Rico and the United States definition of the service areas. In including this FRFA, in a report to Virgin Islands; and addition, we are changing the build out Congress pursuant to the Congressional (d) American Samoa. period from ten years to five years, Review Act. In addition, the ■ resulting in compliance with these rules Commission will send a copy of the 3. Section 101.1413 is amended by in half the time. However, we believe Third Report and Order, including this revising paragraph (b) introductory text that these rule changes will not have a FRFA, to the Chief Counsel for to read as follows: burdensome result, especially in light of Advocacy of the Small Business our finding that small businesses will § 101.1413 License term and renewal Administration. expectancy. benefit from the new service area designation and because the record Ordering Clauses * * * * * indicates that interested parties will (b) Application of a renewal have no difficulty complying with the 22. Pursuant to the authority expectancy is based on a showing of new five year build out. contained in sections 4(i), 7(a), 301, substantial service at the end of five 303(c), 303(f), 303(g), 303(r), 308, and years into the license period and ten Steps Taken To Minimize Significant 309(j) of the Communications Act of years into the license period. The Economic Impact on Small Entities, and 1934, as amended, 47 U.S.C. 154(i), substantial service requirement is Significant Alternatives Considered 157(a), 301, 303(c), 303(f), 303(g), 303(r), defined as a service that is sound, 18. The RFA requires an agency to 308, 309(j), the Third Report and Order favorable, and substantially above a describe any significant alternatives that is adopted. level of mediocre service which might it has considered in reaching its 23. Part 101 of the Commission’s minimally warrant renewal. At the end proposed approach, which may include Rules is amended as specified in rule of five years into the license term and the following four alternatives (among changes, effective September 16, 2003. ten years into the license period, the others): (1) The establishment of This action is taken pursuant to sections Commission will consider factors such differing compliance or reporting 4(i), 303(c), 303(f), 303(g), 303(r), and as: requirements or timetables that take into 309(j) of the Communications Act of * * * * * account the resources available to small 1934, as amended, 47 U.S.C. 154(i), ■ 4. Section 101.1421 is amended by entities; (2) the clarification, 303(c), 303(f), 303(g), 303(r) and 309(j). revising paragraphs (b) and (c) to read as consolidation, or simplification of follows: compliance or reporting requirements List of Subjects in 47 CFR Part 101 under the rule for small entities; (3) the § 101.1421 Coordination of adjacent area use of performance, rather than design FCC equipment, Radio, Reporting and MVDDS stations and incumbent public standards; and (4) an exemption from recordkeeping requirements. safety POFS stations. coverage of the rule, or any part thereof, Federal Communications Commission. * * * * * for small entities. Marlene H. Dortch, (b) Harmful interference to public 19. Regarding our revisiting the safety stations, co-channel MVDDS Secretary. service area issue to utilize DMAs in the stations operating in adjacent Third Report and Order in lieu of the Rule Changes geographic areas, and stations operating CEA service area designation adopted in on adjacent channels to MVDDS stations the Second Report and Order, we do not ■ For the reasons discussed in the is prohibited. In areas where the DMAs anticipate any adverse impact on small preamble the FCC amends 47 CFR part are in close proximity, careful entities. We believe that the use of 101 as follows: consideration should be given to power

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requirements and to the location, height, permits (except those harvesting objective is to reduce the number of and radiation pattern of the transmitting whiting and processing it at sea) that are vessels and permits endorsed for the and receiving antennas. Licensees are willing to surrender their fishing operation of groundfish trawl gear. expected to cooperate fully in privileges, score the bids in a reverse Vessels that catch and process whiting attempting to resolve problems of auction against the value of bidders’ at sea are ineligible to participate. The potential interference before bringing harvests, and then conduct a program also involves corollary fishing the matter to the attention of the referendum regarding repayment of the capacity reduction in the California, Commission. loan. If the referendum is successful, Oregon, and Washington fisheries for (c) Licensees shall coordinate their accepted bidders must relinquish their coastal Dungeness crab and pink shrimp facilities whenever the facilities have California, Oregon, and Washington (fee-share fisheries). Sections 1111 and optical line-of-sight into other licensees’ fishing licenses for coastal Dungeness 1112 of the Merchant Marine Act, 1936 areas or are within the same geographic crab and pink shrimp. Accepted bidders (46 App. U.S.C. 1279f and 1279g) (Title area. Licensees are encouraged to must also surrender their Federal XI) authorize loans for financing the develop operational agreements with groundfish permits, as well as all other cost of fishing capacity reduction relevant licensees in the adjacent Federal fishing licenses, fishery permits, programs (reduction loans). geographic areas. Incumbent public area and species endorsements, and any The program has two appropriations. safety POFS licensee(s) shall retain other fishery privileges issued to vessels A $10 million appropriation, authorized exclusive rights to its channel(s) within named in their bids (or to persons on by section 501(b) of Division N, Title V, the relevant geographical areas and the basis of their operation or ownership of Public Law 108–7, directly funds part must be protected in accordance with of those vessels). The fishing vessels of the program’s cost. The second, a $0.5 the procedures in § 101.103 of this part. involved will never again be eligible to million appropriation, included in Pub. A list of public safety incumbents is fish. If the referendum is not successful, L. 107–206, funds the Federal Credit attached as Appendix I to the bidders are excused from all such Reform Act cost of authorizing a $36 Memorandum Opinion and Order and obligations. The groundfish program million reduction loan. Second Report and Order, Docket 98– aims to increase the remaining Section 212 supersedes some of the 206 released May 23, 2002. Please check harvesters’ productivity, help provisions of both the fishing capacity with the Commission for any updates to financially stabilize the fishery, and reduction framework regulations (50 that list. help conserve and manage its fish. This CFR 600.1000 et seq.) and the Magnuson-Stevens Act fishing capacity [FR Doc. 03–18221 Filed 7–17–03; 8:45 am] notice also contains the groundfish program’s invitation to bid and bidding reduction provisions (16 U.S.C. BILLING CODE 6712–01–P document. 1861a(b)–(e)). When fishing capacity reduction is DATES: The final notice is effective July 18, 2003. undertaken pursuant to the Magnuson- DEPARTMENT OF COMMERCE Stevens Act provisions, NMFS ADDRESSES: Copies of the environmental implements each reduction program by National Oceanic and Atmospheric assessment and regulatory impact adding an implementing section to the Administration review are available from NMFS upon framework regulations. Section 212, request from Michael L. Grable, Chief, however, renders some of the 50 CFR Part 600 Financial Services Division, National Magnuson-Stevens Act provisions and Marine Fisheries Service, 1315 East- the framework regulations inapplicable. [Docket No. 030509119–3168–02; I.D. West Highway, Silver Spring, MD 032603D] Among other things, the groundfish 20910–3282. Comments involving the program applies to more than one RIN 0648–AQ99 reporting burden estimates or any other fishery. Section 212 also requires NMFS aspects of the collection of information to implement the groundfish program by Magnuson-Stevens Act Provisions; requirements should be sent both to Fishing Capacity Reduction Program; publishing a notification and an Michael L. Grable at the above address invitation to bid in the Federal Register Pacific Coast Groundfish Fishery; and to the National Oceanic and California, Washington, and Oregon rather than by promulgating additional Atmospheric Administration Desk regulations. In addition, section 212 Fisheries for Coastal Dungeness Crab Officer, Office of Information and and Pink Shrimp supersedes one provision of Title XI, by Regulatory Affairs, Office of extending the reduction loan’s term to AGENCY: National Marine Fisheries Management and Budget, Washington, 30 years. Service (NMFS), National Oceanic and DC 20503. Comments sent by Internet or Atmospheric Administration, e-mail will not be accepted. II. Reduction Cost Commerce. FOR FURTHER INFORMATION CONTACT: The amount paid to harvesters in ACTION: Final notice of proposed fishing Michael L. Grable, (301) 713–2390. exchange for relinquishing their fishery capacity reduction program. SUPPLEMENTARY INFORMATION: privileges (reduction cost) may equal, but may not exceed, $46 million. A $10 I. General SUMMARY: NMFS issues this final notice million appropriation will fund part of about a voluntary fishing capacity Enacted on February 20, 2003, Section the reduction, and future harvesters will reduction program in the Pacific Coast 212 of Division B, Title II, of Pub. L. finance any remainder. groundfish fishery. After a successful 108–7 (section 212) authorizes a fishing referendum, harvesters accepted to capacity reduction program (program) III. Summary of Comments participate would be paid to surrender for that portion of the limited entry NMFS received comments from nine their fishing permits and restrict their trawl fishery under the Pacific Coast entities. Comments from both vessels. A loan, which would be repaid Groundfish Fishery Management Plan individuals and organizations represent by fishermen remaining in the fishery, whose permits, excluding those the views of many parties. Most of the will finance the majority of the registered to whiting catcher-processors, comments supported fishing capacity program’s cost. The program will invite are endorsed for trawl gear operation reduction in the reduction fishery, bids from owners of groundfish trawl (reduction fishery). The program’s although some comments disagreed

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with some aspects of the proposed Response: NMFS agrees and has bidders accountable for the actions of notice. clarified that such values should new owners to whom accepted bidders Comment 1: Three comments correspond to the bidder’s fee-share may, after buyback, transfer reduction suggested that NMFS offer flat permit- reduction permits. vessels. relinquishment payments to groundfish Comment 8: Two comments requested Response: NMFS agrees that accepted reduction permit owners who own no that NMFS allow bidders to document bidders cannot be held responsible for reduction vessel. alternative landings values higher than the future actions of unrelated third Response: This was not specifically those in the official fish-ticket parties to whom they transfer these contemplated in the statute and databases. vessels. Any violations by the new therefore NMFS does not have the Response: In order to provide a fair owners will be addressed under existing authority to implement such a payment opportunity for all bidders to document statutory authority. scheme. their landings, NMFS determined the Comment 14: One comment Comment 2: Three comments best evidence of landings is the official questioned if ‘‘inside waters’’ fishing suggested that NMFS allow entities that fish-ticket databases. count for bid scoring purposes. own reduction vessels to be co-bidders Comment 9: One comment suggested Response: All landings, including in with other entities that own groundfish that in situations involving bids with inside waters, associated with the reduction permits but not reduction identical scores, where accepting both management of federal groundfish and vessels. would exceed funding levels, NMFS with state coastal fisheries for pink Response: NMFS agrees and has should accept the bid with the lowest shrimp and Dungeness crab will be used expanded the definition of bidder to value first rather than the bid first for bid scoring purposes. allow co-bidder participation. A bid can received. Comment 15: One commenter include multiple parties owning or Response: NMFS agrees that the questioned if accepted bidders may fish holding the different reduction process for accepting bids with identical a reduction vessel in ‘‘inside waters’’ or components required for a bid. scores should be revised. However, to be sell the vessel to Mexico or Alaska. Comment 3: One comment requested consistent with the purposes of the Response: A reduction vessel may not that NMFS change ‘‘Dungeness crab’’ to Program, where there is not sufficient be fished anywhere. It may not be sold ‘‘ocean Dungeness crab’’ to ensure that reduction funding to accept all bids, into any foreign registry or operation but Dungeness crab inside Puget Sound is NMFS will accept the bid that removes can be sold to an Alaska resident, excluded from this program. the greatest amount of capacity without although it cannot fish there or Response: NMFS agrees that Puget exceeding funding limits. If both bids anywhere else. Sound Dungeness crab should be remove the same amount of capacity, Comment 16: One comment asked excluded as a fee-share fishery and has the bid received first will be accepted. NMFS to establish the ‘‘basic trawl added the term ‘‘coastal’’ to clarify the Comment 10: One comment suggested permit price without a past harvest’’. Dungeness crab eligible for this that NMFS delay notifying bidders that Response: Congress established a program. This term is intended to bids have been accepted until after a bidding formula, which requires past encompass California, Oregon, and successful referendum. harvest revenues. Washington state’s description of Response: NMFS agrees and will Comment 17: One comment asked if Dungeness crab fisheries and permit notify accepted bidders after the NMFS buys back only his permit, if he systems outside of Puget Sound. referendum. could fish his reduction vessel in inside Comment 4: Two comments requested Comment 11: One comment suggested waters. that NMFS remove the provisions that NMFS clarify that the loan sub- Response: This capacity reduction requiring relinquishment of fee-share amount calculation’s dividend is program compensates fishermen for reduction permits not registered to derived from the bid-scoring period relinquishing not only the reduction reduction vessels. landing values of the accepted bidders. permits but the fishery endorsement of Response: NMFS agrees and has Response: NMFS agrees and has the reduction vessel. Therefore, the clarified the language to require that changed the notice accordingly. reduction vessel cannot fish anywhere. only fee-share permits registered to a Comment 12: One comment suggests If the reduction vessel is a state reduction vessel be relinquished. that NMFS establish a specific time for registered vessel, it must be scrapped. Comment 5: Two comments state that every accepted bidder to stop fishing, as Comment 18: One comment asked NMFS’ request for information opposed to the proposed notice and what to do with a reduction vessel. regarding catch history as a requirement addenda provisions that each accepted Response: The owner of a reduction of the bid is unnecessary because such bidder must stop fishing upon receipt of vessel may do whatever he chooses with information on how fishermen got their NMFS’ request for payment a reduction vessel as long as he does not permits is irrelevant. instructions. The suggestion is that fish with the reduction vessel or move Response: NMFS agrees and has made fishing cease 30 days after the it into a foreign registry or operation, the appropriate revisions. certification of referendum results. except for non-Federally registered Comment 6: One comment suggested Response: NMFS agrees that this vessels which must be scrapped. clarifying that relinquishing Federal provision should be modified so that all Comment 19: One comment suggested permits other than the groundfish accepted bidders will cease fishing at that a reduction vessel be saleable into reduction permit is restricted to Federal the same time. The provision has been a foreign fishery because this is most permits registered to the reduction revised so that the bidder must have beneficial to the buyback. vessel. stopped fishing and must have retrieved Response: The authorizing statute Response: NMFS agrees and has made all fishing gear previously deployed prohibits such a sale. the appropriate revision. from the reduction vessel 30 days after Comment 20: One comment asked if Comment 7: One comment suggests the publication of the reduction a reduction vessel can be used for that bid scoring should include the payment tender notice. tendering and for the definition of average landings values of only those Comment 13: Two comments suggest ‘‘fishing’’. fee-share fisheries that match the that NMFS revise the notice and Response: The definition of ‘‘fishing’’ bidder’s fee-share reduction permits. addenda language which holds accepted is contained in the Magnuson-Stevens

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Act and would preclude a reduction a Governmental action for breach of according to ‘‘large’’ and ‘‘small’’ buyers vessel from tendering. contract based on inability to fish due based on the amount of fish purchased. Comment 21: One comment asked if to the buyback. However, available analyses on the income from NMFS fisheries research Comment 29: One comment stated diversity and size of the processing charters can be included in landings for that NMFS lacks legal authority sector as well as state participation in bid scoring. regarding the coastal Dungeness crab the fee collection process precludes Response: Yes, but only the income and pink shrimp fisheries noting that NMFS from developing definitive from the sale of the groundfish recorded they are managed by the respective estimates of processor involvement. on fish tickets. states. According to SBA (See Section 6.6), a Comment 22: One comment asked Response: NMFS acknowledges that ‘‘large’’ processor is a processor with what happens to fish in deployed gear these are state-managed fisheries and more than 500 employees. NMFS does at the time of tender, when fishing must will work with the states to implement not have complete data on processing cease. this voluntary program as directed by employment by processing site or by Response: Any fish caught within the the authorizing legislation to revoke the company. (Some companies control 30 day time period may be legally fee-share fishery reduction permits. several sites). However, based on retained and sold. After that date, the Nevertheless, this does not affect fee available descriptions of companies and gear should have been pulled up and no payment and collection. ownership, NMFS believes that almost longer fishing. Comment 30: One comment all of the processors on the West Coast Comment 23: One comment implies questioned NMFS’ legal authority would be considered ‘‘small’’ under the that coastal Dungeness crab and pink regarding processors of trawl groundfish SBA definition. Sections 3.6 and 6.6 of shrimp gear should be included in the noting that there are no Federal the EA/RIR will be revised accordingly. capacity reduction program. requirements for permits or reporting Comment 35: One comment Response: No statutory authority groundfish landings. questioned the analysis undertaken in exists to buy back fishing gear. Response: The Fishery Management Section 4.2 of the EA/RIR to show the Comment 24: One comment implies Plan for Pacific Coast Groundfish remaining fishermen the benefit of the that accepted bidders should be incorporates by reference state program will outweigh the program prevented from using their reduction requirements to record landings on state costs passed on to them. payments to buy existing coastal fish tickets. Response: The program is statutorily Dungeness crab or pink shrimp permits Comment 31: One comment stated mandated but participation is voluntary. and crab or shrimp gear and leasing that Congress intended for NMFS to It is difficult to quantify the effects of a them to vessels already in these follow existing practices for fee capacity reduction program before it fisheries. collection. occurs due to many unknown variables. Response: No statutory authority Response: The authorizing legislation However, the success of a fishing exists to make this change. provides an option for the U.S. may capacity reduction program depends Comment 25: One comment implies enter into agreements with California, upon certain assumptions such as the that the existence of latent permits in Oregon, and Washington to collect the number of fish after a reduction coastal Dungeness crab and pink shrimp fees that repay the reduction loan. remaining constant, preventing new fisheries exacerbates problems Unless and until NMFS arranges to do capacity from replacing retired capacity, described in comments (23) and (24). so, however, fish sellers will pay the and fish prices remaining constant. If Response: Latent permits in these fees and fish buyers will collect the fees these assumptions are true then revenue fisheries is an issue that should be in accordance with the framework for the remaining participants after fee addressed by state fisheries managers. regulations. payment would likely increase. A Comment 26: One comment implies Comment 32: One comment states majority of those voting in the that accepted bidders should, that the volume and size of fish buyers referendum would need to support it in themselves, be prevented from ever dictates special circumstances to avoid order for the industry fee system to be fishing again. an administrative nightmare for NMFS. approved. Response: No statutory authority Response: NMFS believes that the fee Comment 36: One comment asserted exists to make this change. collection system currently in place that the analysis in Section 4.8 of the Comment 27: One comment suggested should be adequate. EA/RIR repeats an untrue assumption that all reduction vessels should be Comment 33: One comment strongly that removing permits from the coastal scrapped. suggests that NMFS enter into fee Dungeness crab and pink shrimp Response: The authorizing statute collection arrangements with the States. fisheries will benefit fishermen by allows for retention of the reduction Response: Because of specific increasing access to a greater portion of vessel as long as the fishery statutory time constraints, NMFS must management quotas and trip limits. endorsement is cancelled. This affords defer this matter’s resolution until after Response: The appropriate sections of more capacity removal from the targeted the buyback, at which time we will the EA/RIR will be clarified to reflect fisheries at less cost. explore optional state fee collection. that trip limits and quotas are not used Comment 28: One comment stated Comment 34: One comment states in the management of coastal Dungeness that neither the notice nor its addenda that the program’s Environmental Crab and Pink Shrimp. However, NMFS indicate whether a reduction vessel Assessment and Regulatory Impact maintains that in general terms, these which has a multi-year NMFS trawl- Review (EA/RIR) does not estimate how fisheries would benefit because fewer survey charter can continue with the many small businesses may be required fishermen would remain fishing for the charter after the buyback. to participate in the fee collection same amount of fish. In addition, if the Response: The vessel’s fishery process. Buyback Program provides conservation endorsement will have been withdrawn Response: Section 3.6 or the EA/RIR benefits to the groundfish fish stocks, and therefore the vessel can no longer discusses the processing sector by current groundfish bycatch restrictions fish. However, NMFS will work reviewing data on the 1,780 purchasers on the non-groundfish fisheries, internally to ensure that any fishermen of fish from West coast harvesters particularly the Pink Shrimp fisheries who is bought out will not be subject to during 2000. Fish buyers are categorized may be relaxed. However, the

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commenter raises valid issues in noting permit endorsed for trawl gear operation components. The groundfish reduction that benefits to non-groundfish fee share (other than those issued to whiting permit must be registered for use on the fisheries may be limited by the extent catcher-processors) an advance notice reduction vessel. The bidder must also that latent capacity is activated, that NMFS will formally invite bids for include in the bid all Federal fishery purchased capacity is replace through capacity reduction by mailing them a licenses, fishery permits, area and the issuance of new state permits, or bidding package. Such notice and the species endorsements, and any other effort is increased as the result of bidding package will be mailed to the fishing privileges issued to a reduction buyback program. The Commenter permit owner at the owner’s permit vessel or to the bidder co-bidder on the estimates that at least 100 of the the address of record. basis of its operation or ownership of Oregon Dungeness Crab fishery permits The bidding package will contain, the reduction vessel. are latent permits. As described in the among other things, an invitation to bid By completing and submitting a EA/RIR, the Oregon Pink shrimp fishery and a bidding document. The invitation bidding document to NMFS, each has a requirement that if the number of to bid will specify the terms and bidder makes an irrevocable offer to the active permits falls below 150, a lottery conditions under which bids are made United States. No bidder, once having is to be held to return the number of and accepted. If the Secretary formally submitted a bid to NMFS, is entitled to issued permits to 150. Currently, there accepts a bid, the bidding document, in withdraw or in any way amend the bid. are 186 Oregon permits issued. conjunction with the invitation to bid, Each bidder must offer to relinquish Therefore, depending on the state will constitute a reduction contract all of his or her Federal permits and any fishery, the benefits will be hard to between the bidder and the United state permits for pink shrimp or coastal assess until it is known what permits States. Dungeness crab. Additionally, each are to be purchased and how the States No bidder may bid before receiving person submitting a bid must offer to are to respond to the statutory language the bidding package. Bidders must relinquish the reduction vessel’s legal that states: ‘‘It is the sense of Congress submit bids on provided forms and in authority to participate in any fishery, that the States of Washington, Oregon, strict conformance with the by offering to permanently: and California should revoke all requirements of the invitation to bid. (a) Allow imposition of title relinquishment permits in each of the NMFS will reject any nonconforming restrictions that remove the reduction fee-share fisheries immediately after the bids. vessel’s fisheries endorsement, (b) Relinquish eligibility for any reduction payment, and otherwise to The invitation to bid and bidding present or future U.S. Government implement appropriate State fisheries document will be similar to the pro approval under section (9)(c)(2) of the management and conservation forma invitation to bid and bidding Shipping Act, 1916 (46 U.S.C. App. provisions in each of the fee-share document (see addenda to this 808(c)(2)) for placement of the reduction fisheries that establishes a program that notification). What follows is a general vessel under foreign registry or meets the requirements of 16 U.S.C. summary of the relevant provisions. operation under the authority of a 141861a(b)(1)(B) as if it were applicable To submit a bid, bidders must mail or foreign country, and to fee-share fisheries.’’ otherwise deliver their bids to NMFS at the address specified in the invitation to (c) Relinquish any other present or IV. Summary of Revisions bid. Each bidder is responsible for future reduction vessel fishing privilege The following sections of this final ensuring that NMFS receives his or her or fishery eligibility claim of any kind, notice revise the proposed notice. bid before the specified bid closing date. including any based on the reduction (1) The term co-bidder has been NMFS will reject any bid that arrives vessel’s catch history. added to include third parties who own after the bid closing date; such a bid If a reduction vessel is registered only and/or hold reduction components and will be deemed unresponsive to the under state jurisdiction (i.e., it is not will participate in the bidding with the invitation to bid. All terms and Federally documented), it must be qualifying bidder. conditions of the invitation to bid or the scrapped. (2) Bid-scoring includes the average bidding document are final at the time After bidding, the bidder must landings values of only those fee-share NMFS mails the bidding package. continue to hold all reduction permits fisheries that match the bidder’s fee- Thereafter, NMFS will not alter or and own the reduction vessel until: share reduction permits included in the negotiate any term or condition. NMFS notifies the bidder that NMFS bid. Each bid must specify: rejects the bid, the bid expires without (3) For identical bid scores where (a) The exact bid price (also NMFS having accepted or rejected it, there is not sufficient reduction funding referenced as Reduction Payment), NMFS notifies the bidder that a to accept both, NMFS will accept the (b) The reduction vessel the bidder reduction contract between the bidder bid that removes the greatest amount of proposes to remove from fishing and the United States no longer exists, capacity without exceeding funding (reduction vessel), or NMFS tenders reduction payment to limits or if both bids remove identical (c) The groundfish reduction permit, the bidder and the bidder relinquishes amounts of capacity, the first received. (d) Any other Federal permits all reduction permits and the reduction (4) Notification of accepted bidders registered to or used on the reduction vessel’s fishing privileges. will occur after the referendum. vessel, NMFS will determine which bids it (5) Accepted bidders must have (e) All California, Oregon, or accepts by using a reverse auction. stopped fishing and must have retrieved Washington issued permits for coastal Upon receipt of each bid, NMFS will all fishing gear previously deployed Dungeness crab or pink shrimp determine a bid score by dividing each from the reduction vessel 30 days after registered to or used on the reduction bid amount by the average annual total NMFS publishes the reduction payment vessel (fee-share reduction permits). ex-vessel dollar value of the Pacific tender notice in the Federal Register. Parties other than the qualifying groundfish, coastal Dungeness crab, and groundfish permit owner who hold or pink shrimp landed by the bidder’s V. Program Summary own the other different components reduction vessel that corresponds to the NMFS will mail to each ‘‘permit required for a bid may be co-bidders. bidder’s fee-share reduction permits. owner’’ (as 50 CFR 660.302 defines the Between them, bidders or co-bidders NMFS will average the three highest term ‘‘permit owner’’) of a groundfish must own or hold all required bid total annual revenues from groundfish,

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coastal Dungeness crab, and pink sole purpose will be to determine instructions for disbursing the reduction shrimp during 1998, 1999, 2000, or whether the voters who cast referendum payment. Within thirty days after the 2001. ballots authorize the fee required to publication in the Federal Register of NMFS will accept the responsive bid repay the reduction loan. the reduction payment tender notice with the lowest bid score and then NMFS will mail referendum (which notifies the bidder that NMFS successively accept each additional information, voting instructions, and a intends to pay the bidder and needs responsive bid with the next lowest bid referendum ballot(s) to the permit payment instructions), the bidder must score until either there are no more bids owner of each groundfish permit in the have stopped fishing and must retrieve to accept or acceptance of the bid with reduction fishery and to the person who all fishing gear previously deployed the next lowest bid score would cause is the holder of record of each state- from the reduction vessel. The bidder the reduction cost to exceed the issued pink shrimp or coastal must also certify that they have maximum reduction cost. If any two or Dungeness crab permit (collectively, complied with the requirements of the more bid scores are exactly the same eligible voters). NMFS will include reduction contract. and there is not sufficient reduction information about the following bid NMFS will: funding to accept both, NMFS will acceptance results: (a) Revoke all groundfish permits and accept the bid that removes the greatest (a) The program’s reduction cost, all other federal reduction permits, amount of capacity, or in the event more (b) The seven reduction loan sub- that one such bid removes the same amounts, (b) Notify California, Oregon, and amount of capacity, the bid it received (c) The number of permits that will be Washington that accepted bidders have first. relinquished, relinquished their fee-share reduction NMFS will accept or reject each bid (e) The number of reduction vessels, permits, but will notify bidders accordingly only and (c) Request the Secretary under whom after a successful referendum occurs. (f) The total ex-vessel dollar values of the U.S. Coast Guard operates to revoke NMFS’ acceptance of a bid offer will reduction vessel landings in the the fisheries endorsements of all form a fully binding reduction contract reduction fishery and in each of the six Federally-documented reduction between the bidder (and any co-bidders) fee-share fisheries, during each year vessels, and and the United States. Each party’s from 1998 through 2001. (d) Request the Secretary under whom obligation to perform in accordance NMFS will mail eligible voters a the U.S. Maritime Administration with the terms and conditions of any separate referendum ballot for each operates to make all Federally- reduction contract will, however, be groundfish permit they own and every documented reduction vessels subject to a successful fee referendum. pink shrimp or coastal Dungeness crab permanently ineligible for any present After bids are formally accepted, permit they hold. In other words, or future U.S. Government approval NMFS will establish up to seven eligible voters will have one ballot for under section (9)(c)(2) of the Shipping reduction loan sub-amounts, one for the every such permit they hold. Act, 1916 (46 U.S.C. App. 808(c)(2)) for reduction fishery and one for each of the Immediately after the deadline for placement of a reduction vessel under fee share fisheries. A reduction sub- NMFS’ receipt of ballots, NMFS will foreign registry or operation under the amount is a fishery’s share of the tally votes, fishery by fishery, and authority of a foreign country. reduction loan and is in proportion to multiply each tally by the quotients These reduction vessel revocations the fishery’s share of the total ex-vessel used in calculating the reduction loan and restrictions run with the vessels’ dollar value of the groundfish, coastal sub-amounts. The products of this titles and apply to all subsequent Dungeness crab, and pink shrimp which multiplication will be the vote tallies for owners. all reduction vessels landed during the the respective fisheries weighted in four-year period from 1998 through proportion to each fishery’s reduction The bidder must immediately scrap 2001. Post-reduction fees from each of loan sub-amount. any state-registered reduction vessel and these fisheries will repay its respective If the weighted total of approving allow NMFS to observe and certify the reduction loan sub-amount. votes is greater than the weighted total scrapping. Specifically, NMFS will calculate of disapproving votes, the referendum is After receiving a bidder’s payment each reduction loan sub-amount as successful. The referendum is instructions and certification of follows. NMFS will separately add the unsuccessful if the weighted total of compliance, NMFS will disburse the total ex-vessel values of the accepted disapproving votes is the same as or reduction payment unless NMFS has bidders landings, for the four-year exceeds the weighted total of approving reason to believe that the bidder has not period from 1998 through 2001, for the votes. NMFS will mail each eligible performed in accordance with his or her reduction fishery (i.e., groundfish trawl voter a notice about the referendum’s reduction contract duties and fishery) and the fee-share fisheries (the outcome. If the referendum is obligations. NMFS will disburse three coastal Dungeness crab fisheries successful, NMFS will mail to each reduction payments only to accepted and the three pink shrimp fisheries). bidder a bid acceptance or rejection bidders, unless they explicitly instruct Then NMFS will divide each of the notice. NMFS to do otherwise. If a reduction seven totals by the aggregate value of all If the referendum is unsuccessful, the vessel needs to be scrapped, NMFS will of the landings from all seven fisheries fee will not be approved; and NMFS withhold funds sufficient to cover the to derive seven quotients. NMFS will will mail a notice to each bidder that cost of such scrapping until its then multiply the reduction loan neither the bidder nor the United States completion. amount by each of the quotients to has any further obligation under any VI. Program Process determine the loan sub-amount that reduction contract. each of these fisheries must repay. If the referendum is successful, NMFS The following table outlines, in NMFS will conduct the referendum as will request, from each accepted bidder, chronological order, the program’s soon as practicable. The referendum’s specific and written payment process:

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STEP ACTION

One ...... NMFS publishes a final notice in the Federal Register, together with the final draft of the invitation to bid and bidding document. Two ...... NMFS mails each permit owner of a groundfish trawl permit (other than those issued to whiting catcher- processors) a notice that NMFS will subsequently mail him or her a bidding package. Three ...... NMFS formally invites each qualified bidder to bid by mailing to him or her a bidding package that also informs him or her that a referendum will occur after NMFS has accepted bids. Four ...... NMFS mails a notice to persons holding any fee-share fishery permit(other than those to whom NMFS sent the mailing in step three) that NMFS has invited bids. The notice will also state that NMFS will, without further notice, mail him or her a referendum ballot(s) and voting instructions after NMFS has accepted bids. Five ...... Bidders submit bids. Six ...... NMFS receives bids until the bid closing date. Seven ...... NMFS scores and tallies the bids. Eight ...... NMFS mails to each person eligible to vote in the referendum a ballot(s) and voting instructions. Nine ...... The referendum occurs. Ten ...... NMFS receives votes until the vote receipt deadline and afterwards tallies the votes. Eleven (A) ...... If the referendum fails: (a) NMFS mails to each eligible voter a notice that the referendum is unsuccessful, and (b) NMFS mails to each bidder a notice that the reduction bids are without force and/or effect. Eleven (B) ...... If the referendum is successful: (a) NMFS mails to each bidder a notice that the referendum is successful, the bid is either accepted or rejected, and reminds accepted bidders that he or she must perform the reduction contract duties and obligations, (b) NMFS mails to each person who voted a notice indicating that the referendum was successful, (c) NMFS publishes a reduction payment tender notification in the Federal Register, (d) NMFS tenders reduction payments to each accepted bidder by requesting the bidder’s written payment instructions, (e) Accepted bidders relinquish their reduction permits and reduction vessel fishing privileges, and (f) Accepted bidders certify their compliance with their contractual obligations Twelve ...... NMFS disburses reduction payments upon its receipt of payment instructions and certification of compliance. Thirteen ...... NMFS undertakes a separate rulemaking about fee payment and collection. Fourteen ...... NMFS establishes fee amounts. Fifteen ...... (a) NMFS mails fish sellers and fish buyers a reduction loan fee payment and collection notice. (b) Fish sellers begin paying the fees, and fish buyers begin collecting and disbursing the fees to NMFS, and (c) NMFS receives collected-fee disbursements from fish buyers.

VII. Reduction Loan percent of the delivery value of fee fish The Office of Management and Budget from each of these fisheries, but will be has determined that this notice is The reduction loan’s repayment less if NMFS determines that smaller significant under Executive Order maturity will be 30 years. Its principal percentages are sufficient to amortize 12866. NMFS has prepared a Regulatory amount will be the total of all reduction the respective reduction loan sub- Impact Review (RIR) for this action (see payments made under this program, less amounts over the 30-year reduction ADDRESSES). $10 million. NMFS will determine the loan’s term. NMFS believes any Federalism reduction loan’s interest rate in implications arising from this notice are accordance with the framework IX. Invitation To Bid and Bidding highly unlikely, however, consultations regulations at 50 CFR 600.1012. Document with the States of Washington, Oregon, VIII. Fee Payment and Collection The addenda to this notification are and California are ongoing. sample pro forma invitation to bid and This notice contains collection-of- Section 212 provides that the United bidding document. information requirements subject to the States may enter into agreements with Paperwork Reduction Act (PRA). The California, Oregon, and Washington to Classification Office of Management and Budget collect the fees that repay the reduction The Assistant Administrator for (OMB) has approved these information loan. Unless and until NMFS arranges to Fisheries, NMFS, determined that this collections under OMB control number do so, however, fish sellers will pay the action is consistent with Public Law 0648–0376. NMFS estimates that the fees and fish buyers will collect, 107–206, Public Law 108–7, the public reporting burden for these deposit, disburse, record, and report on Magnuson-Stevens Fishery requirements will average 4 hours for the fees in accordance with the Conservation and Management Act, and submitting a bid, 4 hours for voting in applicable portions of the framework other applicable laws. a referendum, and 1 hour for advice (if regulations and the Magnuson-Stevens In compliance with the National any) about a conflict on a vessel Act. Environmental Policy Act, NMFS ownership or permit claim. Persons NMFS will establish any fee rates prepared an environmental assessment affected by this action would also be necessary for fish sellers to repay the for this action. The assessment subject to other collection-of- reduction loan sub-amount applicable to discusses the program’s impact on the information requirements referred to in the reduction fishery and to each of the natural and human environment. NMFS this action and also approved under six fee-share fisheries. NMFS will will send the assessment to anyone who 0648–0376. These requirements and undertake a separate rulemaking to do requests NMFS to do so (see their associated response times are 10 this. The fee rates may not exceed five ADDRESSES). minutes for completing and filing a fish

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ticket, 2 hours for submitting a monthly collection, including suggestions for coastal zone management program. This fish buyer report, 4 hours for submitting reducing the burden, to both NMFS and determination has been submitted for an annual fish buyer report, and 2 hours OMB (see ADDRESSES). review by the States of Washington, for making a fish buyer/fish seller report Notwithstanding any other provision Oregon, and California. when one party fails to either pay or of law, no person is required to respond Authority: Pub. L. 107–206, Pub. L. 108– collect the fee. to, and no person is subject to a penalty 7, 16 U.S.C. 1861a (b–e), and 50 CFR These response estimates include the for failure to comply with, an 600.1000 et seq. time for reviewing instructions, information collection subject to the searching existing data sources, requirements of the PRA unless that Dated: July 15, 2003. gathering and maintaining the data information collection displays a Rebecca Lent, needed, and completing and reviewing currently valid OMB control number. Deputy Assistant Administrator for the information collection. Send NMFS has determined that this notice Regulatory Programs, National Marine comments regarding this burden will not significantly affect the coastal Fisheries Service. estimate, or any other aspect of this data zone of any state with an approved BILLING CODE 3510–22–P

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[FR Doc. 03–18344 Filed 7–17–03; 8:45 am] fishery off Washington, Oregon, and NMFS Action BILLING CODE 3510–22–C California. On March 7, 2003 (68 FR For the reasons stated above and in 11182), the levels of allowable accordance with the regulations at 50 biological catch (ABC), the optimum CFR 660.323(a)(4)(iii)(C), NMFS herein DEPARTMENT OF COMMERCE yield (OY), and the commercial OY (the announces: OY minus the tribal allocation) for U.S. Effective 12 noon, l.t., July 14, 2003, National Oceanic and Atmospheric harvests of whiting were announced in no more than 10,000 lb (4,536 kg) of Administration the Federal Register. For 2003, the whiting may be taken and retained, whiting OY is 148,200 mt (mt) and the possessed, or landed by a catcher vessel 50 CFR Part 660 commercial OY is 121,200 mt. participating in the shore-based sector Regulations at 50 CFR 660.323(a)(4) [Docket No. 021209300–3048–02; I.D. of the whiting fishery, unless otherwise 071103A] divide the commercial OY into separate announced in the Federal Register. If a allocations for the catcher/processor, vessel fishes shoreward of the 100–fm Fisheries Off West Coast States and in mothership, and shore-based sectors of (183–m) contour in the Eureka, CA area the Western Pacific; Pacific Coast the whiting fishery. On June 16, 2003, (43° N. lat. - 40°30′ N. lat.) at any time Groundfish Fishery; End of the the whiting sector allocations which during a fishing trip, the 10,000–lb Primary Season and Resumption of were originally published on March 7, (4,536–kg) trip limit applies, as Trip Limits for the Shore-based Fishery 2003 (68 FR 11182), were corrected (68 announced in the annual management for Pacific Whiting FR 35575). The 2003 allocations are measures at paragraph IV, B(3)(c)(ii), 41,208 mt (34 percent) for the catcher/ AGENCY: National Marine Fisheries except when the whiting fishery is processor sector; 29,088 mt (24 percent) Service (NMFS), National Oceanic and closed. for the mothership sector; and 50,904 mt Atmospheric Administration (NOAA), (42 percent) for the shore-based sector. Commerce. Classification When each sector’s allocation is This action is authorized by the ACTION: Fishing restrictions; request for reached, the primary season for that regulations implementing the FMP. The comments. sector is ended. determination to take this action is SUMMARY: NMFS announces the end of The shore-based sector is composed of based on the most recent data available. the 2003 primary season for the shore- vessels that harvest whiting for delivery The Assistant Administrator for based fishery for Pacific whiting to land-based processors. The fisheries, NMFS, finds good cause to (whiting) at 12 noon, local time (l.t.), regulations at 50 CFR 660.323(a)(3)(i) waive the requirement to provide prior July 14, 2003, because the allocation is describe the primary season for the notice and opportunity for comment on projected to be reached. This action is shore-based sector as the period when this action pursuant to 5 U.S.C. intended to keep the harvest of whiting the large-scale target fishery is 553(b)(B) because providing prior notice at the 2003 allocation levels. conducted (when trip limits under and opportunity would be § 660.323(b) are not in effect). Before DATES: Effective from 12 noon, l.t., July impracticable. It would be impracticable 14, 2003, until the effective date of the and after the primary seasons, per-trip because, if this closure were delayed in publication containing the 2004 limits are in effect for whiting. order to provide notice and comment, specification and management measures The best available information on July the fishery would be expected to greatly for the Pacific Coast groundfish fishery, 11, 2003, indicated that 34,314 mt had exceed the sector allocation. A delay to which will be published in the Federal been taken through July 5, 2003, and provide a cooling off period also would Register, unless modified, superseded that the 50,904 mt shore-based be expected to cause the fishery to or rescinded. Comments will be allocation would be reached by 12 noon, exceed its allocation. Therefore, good accepted through August 4, 2003. l.t., July 14, 2002. This Federal Register cause also exists to waive the 30-day ADDRESSES: Submit comments to D. action announces the date that the delay in effectiveness requirement of 5 Robert Lohn, Administrator, Northwest primary season for the shore-based U.S.C. 553(d)(3). The aggregate data Region (Regional Administrator), NMFS, sector ends and that per-trip limits are upon which the determination is based 7600 Sand Point Way NE., Seattle, WA reinstated. A 10,000–lb (4,536–kg) trip are available for public inspection at the 98115–0070; or Rod Mcinnis, Acting limit will be in place after the primary Office of the Regional Administrator Regional Administrator, Southwest season unless otherwise announced in (see ADDRESSES) during business hours. Region, NMFS, 501 West Ocean Blvd., the Federal Register. Per-trip limits are This action is taken under the authority Suite 4200, Long Beach, CA 90802– intended to accommodate small bait and of 50 CFR 660.323(a)(4)(iii)(C) and is 4213. fresh fish markets, and bycatch in other exempt from review under E.O. 12866. fisheries. To minimize incidental catch Authority: 16 U.S.C. 1801 et seq. FOR FURTHER INFORMATION CONTACT: of chinook salmon by vessels fishing Becky Renko at 206–526–6110. shoreward of the 100–fm (183–m) Dated: July 14, 2003. SUPPLEMENTARY INFORMATION: This contour in the Eureka, CA area, at any Bruce C. Morehead, action is authorized by regulations time during a fishing trip, a limit of Acting Director, Office of Sustainable implementing the Pacific Coast 10,000 lb (4,536 kg) of whiting is in Fisheries, National Marine Fisheries Service. Groundfish Fishery Management Plan effect year round, except when landings [FR Doc. 03–18164 Filed 7–14–03; 4:20 pm] (FMP), which governs the groundfish of whiting are prohibited. BILLING CODE 3510–22–S

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Proposed Rules Federal Register Vol. 68, No. 138

Friday, July 18, 2003

This section of the FEDERAL REGISTER [email protected] or telephone and $1,212,215; in FY 2001, 3,620 contains notices to the public of the proposed him at (816) 891–0401. samples and $219,033 in revenue; in FY issuance of rules and regulations. The SUPPLEMENTARY INFORMATION: 2002, 1,755 samples and $104,380 in purpose of these notices is to give interested revenue. persons an opportunity to participate in the Executive Order 12866, Regulatory The proposed rule will increase the rule making prior to the adoption of the final Flexibility Act, and the Paperwork fees charged to businesses for voluntary rules. Reduction Act processed commodity analytical This rule has been determined to be services and generate approximately DEPARTMENT OF AGRICULTURE nonsignificant for the purpose of $135,000 in additional revenue. Some of Executive Order 12866 and, therefore, these businesses, which consist of Grain Inspection, Packers and has not been reviewed by Office of processors and shippers of products Stockyards Administration Management and Budget (OMB). such as wheat flour, vegetable oil, and Also, pursuant to the requirements set corn meal, may meet the criteria for 7 CFR Part 868 forth in the Regulatory Flexibility Act, small entities established by the Small Donna Reifschneider, Administrator, Business Administration criteria for RIN 0580–AA84 GIPSA, has determined that this small businesses. Even so, the new fees proposed rule will not have a significant should not significantly affect those Fees for Processed Commodity economic impact on a substantial entities. It is estimated that there will be Analytical Services number of small entities as defined in approximately nine entities effected. the Regulatory Flexibility Act (5 U.S.C. Further, those entities are under no AGENCY: Grain Inspection, Packers and obligation to use GIPSA services and, Stockyards Administration, USDA. 601 et seq.). GIPSA regularly reviews its user-fee- therefore, any decision on their part to ACTION: Proposed rule. financed programs to determine if the discontinue the use of this service fees are adequate. Additionally, GIPSA should not prevent them from marketing SUMMARY: The Federal Grain Inspection their products. Due to the decline in Service (FGIS), a program of the Grain has and will continue to seek out cost saving opportunities and implement demand of the processed commodity Inspection, Packers and Stockyards analytical testing services, GIPSA will Administration (GIPSA), is proposing to appropriate changes to reduce costs. Such actions can provide alternatives to conduct another analysis of the demand increase fees for the analytical testing of for this program’s services, including all processed commodities and remove new or increased fees. However, even with these efforts, GIPSA has costs and revenues generated specific to certain tests from the fee schedule for the program, one year after operating services that are no longer requested. determined that its existing fee schedule will not generate sufficient revenues to under the proposed fee increase. These tests apply only to official There will be no additional reporting cover program costs for providing processed commodity testing services or record keeping requirements imposed processed commodity testing services. performed under the Agricultural by this action. In accordance with the Further revenue losses are projected if Marketing Act of 1946. These changes Paperwork Reduction Act of 1995 (44 adjustments to the existing fee schedule are needed to generate revenue U.S.C. 35), the information collection are not made. In FY 2002, GIPSA’s sufficient to cover, as nearly as and recordkeeping requirements in Part operating costs for the processed practicable, rising fixed costs and the 868 have been previously approved by 4.1 percent January 2003 Federal pay commodity testing program were OMB under control number 0580–0012. increase. $233,707 with revenue of $104,380 that GIPSA has not identified any other GIPSA anticipates that the increase in resulted in a negative margin of Federal rules which may duplicate, user fees will generate approximately $129,327. overlap, or conflict with this rule. $135,000 in additional revenue. GIPSA has reviewed the financial position of the processed commodity Executive Order 12988 DATES: Written comments must be filed testing program and concluded that before September 16, 2003. This proposed rule has been reviewed $135,000 in additional yearly revenue is under Executive Order 12988, Civil ADDRESSES: Interested persons are needed to fully recover operating costs. Justice Reform. This action is not invited to submit comments concerning This is based on projected program costs intended to have a retroactive effect. this proposal. Written comments must of approximately of $240,000 a year and This action will not preempt any State be submitted to Tess Butler, GIPSA, an estimated testing workload of or local laws, regulations, or policies, USDA, 1400 Independence Avenue, approximately 1,700 samples per year. unless they present an irreconcilable SW., Room 1647–S, Washington, DC These changes are needed to generate conflict with this rule. There are no 20250–3604, or faxed to (202) 690–2755. revenue sufficient to cover, as nearly as administrative procedures that must be Comments may also be sent by e-mail practicable, operational costs resulting exhausted prior to any judicial to: [email protected]. from a steep decline in requests for challenge to the provisions of this rule. All comments received will be made services and the associated loss of available for public inspection in the revenue and increased operational costs Proposed Action above office during regular business resulting from the mandated 4.1 percent The Agricultural Marketing Act hours (7 CFR 1.27 (b)). January 2003 Federal pay increase. In (AMA) of 1946 (7 U.S.C. 1621, et seq.) FOR FURTHER INFORMATION CONTACT: Fiscal Year 1999, the number of samples authorizes GIPSA to provide official Steven Tanner, Director, Technical tested was 16,377, with a revenue of processed commodity testing services Services Division, at his e-mail address: $1,475,579; in FY 2000, 12,872 samples and to collect reasonable fees for

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performing these services. Section generate $135,000 in additional yearly Potassium bromate, Rope spore count, 203(h) of the AMA (7 U.S.C. 1622(h)) revenue to recover program costs. These Salmonella, Salt or Sodium content, provides for the establishment and changes are needed to generate revenue Specific volume (bread), collection of fees that are reasonable sufficient to cover, as nearly as Staphylococcus aureus, Texture, Tilletia and, as nearly as practicable, cover the practicable, operational costs resulting controversa kuhn (TCK)(Qualitative), costs of the services rendered. These from a steep decline in requests for Tilletia controversa kuhn fees cover the GIPSA administrative and services and the associated loss of (TCK)(Quantitative), Unsaponifiable supervisory costs for the performance of revenue and increased operational costs (matter), Urease activity, Visual exam official testing services, including resulting from the 4.1 percent January (hop pellet), Visual exam (insoluble personnel compensation and benefits, 2003 Federal pay increase. Therefore, impurities, oils and shortenings), Visual travel, rent, communication, utilities, GIPSA proposes to revise section exam (pasta), Visual exam (processed contractual services, supplies, and 868.90, paragraph (d), Table 2—Fees for grain products), Visual exam (total equipment. Laboratory Test Services, to: (1) Increase foreign material other than cereal The processed commodity testing fees the fees for laboratory testing services. grains), Vitamin enrichment, Vomitoxin were last amended on April 4, 2001, and These laboratory tests are: Ash, Brix, (TLC), Water activity, and Wiley melting became effective May 4, 2001 (66 FR Calcium, Carotenoid Color, Cold test point. 17775). These fees were to cover, as (oil), Color test (syrups), Cooking tests Due to the decline in demand of the nearly as practicable, the level of (pasta), Crude fat, Crude fiber, Falling processed commodity analytical testing operating costs as projected for FY 2001 number, Free fatty acid, Insoluble services, GIPSA will conduct another and FY 2002, respectively. GIPSA impurities (oils and shortenings), Iron analysis of the demand for this continually monitors its cost, revenue, enrichment, Lovibond color, Moisture, program’s services, including all costs and operating reserve levels to ensure Moisture and volatile matter, Peroxide and revenues generated specific to the that there are sufficient resources for Value, Popping ratio, Protein, Sanitation program, one year after operating under operations. Further, GIPSA has (light filth), Sieve test, Smoke point, the proposed fee increase. implemented cost-saving measures in the processed commodity program in an Solid fat index, Visual exam, Vomitoxin List of Subjects in 7 CFR Part 868 effort to provide more cost-effective (Qualitative—Test Kit), and Vomitoxin Administrative practice and services. The cost containment (Quantitative—Test Kit); (2) establish procedure, Agricultural commodities. measures included a reduction in full- new fees for new testing services: time commodity testing laboratory Aflatoxin (Quantitative—HPLC), For reasons set out in the preamble, personnel and increased cross Aflatoxin (Quantitative—Test Kit), 7 CFR Part 868 is proposed to be utilization of personnel from other Aflatoxin (Qualitative Test Kit) and amended as follows: GIPSA programs. Oxidative stability index (OSI); (3) GIPSA regularly reviews its user-fee- eliminate references and fees for testing PART 868—GENERAL REGULATIONS financed programs to determine if the services that are no longer requested on AND STANDARDS FOR CERTAIN fees are adequate and continues to seek a routine basis. These tests are: Alpha AGRICULTURAL COMMODITIES out cost saving opportunities and monoglycerides, Aflatoxin test (other 1. The authority citation for part 868 implement appropriate changes to than TLC or minicolumn method), continues to read as follows: reduce costs. Such actions can provide Aflatoxin (TLC), Aflatoxin (Minicolumn alternatives to fee increases. However, method), Bacteria, count, Baking tests Authority: Secs. 202–208, 60 Stat. 1087, as even with these efforts, GIPSA’s existing (cookies), Bostwick (cooked), Bostwick amended (7 U.S.C. 1621, et seq.) fee schedule will not generate sufficient (uncooked/cook test/dispersibility), 2. Section 868.90, paragraph (d) is revenues to cover program costs. Using Dough handling (baking), E. coli, Fat revised to read as follows: the most recent data available, GIPSA’s (acid hydrolysis), Fat-Stability (A.O.M), FY 2002 operating costs for this program Flash point (open and closed cup), § 868.90 Fees for certain Federal were $233,707 with revenue of $104,380 Hydrogen ion activity—pH, Iodine inspection services. that resulted in a negative margin of number/value, Linolenic acid (Fatty * * * * * $129,327. acid profile), Lipid phosphorus, (d) Laboratory tests referenced in table GIPSA has reviewed the financial Margarine (nonfat solids), Moisture 2 of this section will be charged at the position of its processed commodity Average(crackers), Performance test applicable laboratory fee when testing program. Based on this review, (prepared bakery mix), Phosphorus, performed at field locations other than GIPSA has concluded that it needs to Popcorn kernels (total defects), at the applicant’s facility.

TABLE 2.—FEES FOR LABORATORY TEST SERVICES 1

Laboratory tests Fees

(1) Aflatoxin (Quantitative—HPLC) ...... $182.00 (2) Aflatoxin (Quantitative—Test Kit) ...... 87.00 (3) Aflatoxin (Qualitative—Test Kit) ...... 47.00 (4) Appearance and odor ...... 7.00 (5) Ash ...... 17.00 (6) Brix ...... 16.00 (7) Calcium ...... 27.00 (8) Carotenoid Color ...... 27.00 (9) Cold test (oil) ...... 20.00 (10) Color test (syrups) ...... 13.00 (11) Cooking tests (pasta) ...... 13.00 (12) Crude fat ...... 20.00 (13) Crude fiber ...... 27.00

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TABLE 2.—FEES FOR LABORATORY TEST SERVICES 1—Continued

Laboratory tests Fees

(14) Falling number ...... 24.00 (15) Free fatty acid ...... 24.00 (16) Insoluble impurities (oils and shortenings) ...... 9.00 (17) Iron enrichment ...... 30.00 (18) Lovibond color ...... 20.00 (19) Moisture ...... 13.00 (20) Moisture and volatile matter ...... 17.00 (21) Oxidative stability index (OSI) ...... 54.00 (22) Peroxide Value ...... 27.00 (23) Popping ratio ...... 38.00 (24) Protein ...... 16.00 (25) Sanitation (light filth) ...... 47.00 (26) Sieve test ...... 11.00 (27) Smoke Point ...... 43.00 (28) Solid fat index ...... 168.00 (29) Visual exam ...... 22.00 (30) Vomitoxin (Qualitative—Test Kit) ...... 61.00 (31) Vomitoxin (Quantitative—Test Kit) ...... 81.00 (32) Other laboratory analytical services (per hour per service representative) ...... 67.00 1 When laboratory tests/services are provided for GIPSA by a private laboratory, the applicant will be assessed a fee, which, as nearly as practicable, covers the costs to GIPSA for the service provided.

Dated: July 15, 2003. the American Society of Mechanical Publicly available documents related Donna Reifschneider, Engineers (ASME) Code Alternatives; to this rulemaking may be examined Administrator, Grain Inspection, Packers and correct the Connecticut Yankee tables and copied for a fee at the NRC’s Public Stockyards Administration. for fuel assembly limits and intact fuel Document Room (PDR), Public File Area [FR Doc. 03–18265 Filed 7–17–03; 8:45 am] assembly characteristics; and O1F21, One White Flint North, 11555 BILLING CODE 3410–EN–P incorporate editorial and administrative Rockville Pike, Rockville, Maryland. changes in the CoC. Selected documents, including DATES: Comments on the proposed rule comments, can be viewed and NUCLEAR REGULATORY must be received on or before August downloaded electronically via the NRC COMMISSION 18, 2003. rulemaking website at http:// ADDRESSES: You may submit comments ruleforum.llnl.gov. 10 CFR Part 72 by any one of the following methods. Publicly available documents created or received at the NRC after November RIN 3150–AH–20 Please include the following number (RIN 3150–AH20) in the subject line of 1, 1999, are available electronically at List of Approved Spent Fuel Storage your comments. Comments on the NRC’s Electronic Reading Room at Casks: NAC–MPC Revision rulemakings submitted in writing or in http://www.nrc.gov/NRC/ADAMS/ electronic form will be made available index.html. From this site, the public AGENCY: Nuclear Regulatory can gain entry into the NRC’s Commission. to the public, in their entirety, on the NRC rulemaking website. Personal Agencywide Document Access and ACTION: Proposed rule. information will not be removed from Management System (ADAMS), which provides text and image files of NRC’s SUMMARY: The Nuclear Regulatory your comments. public documents. If you do not have Commission (NRC) is proposing to Mail comments to: Secretary, U.S. access to ADAMS or if there are amend its regulations revising the NAC Nuclear Regulatory Commission, problems in accessing the documents International, Inc., Multipurpose Washington, DC 20555–0001, ATTN: located in ADAMS, contact the NRC Canister cask system listing within the Rulemakings and Adjudications Staff. Public Document Room (PDR) Reference ‘‘List of Approved Spent Fuel Storage E-mail comments to: [email protected]. If staff at 1–800–397–4209, 301–415–4737, Casks’’ to include Amendment No. 3 to you do not receive a reply e-mail the Certificate of Compliance (CoC). confirming that we have received your or by e-mail to [email protected]. An This amendment would incorporate comments, contact us directly at (301) electronic copy of the proposed changes in support of the Yankee 415–1966. You may also submit Certificate of Compliance (CoC), Nuclear Power Station (Yankee Rowe) comments via the NRC’s rulemaking Technical Specifications (TS), and fuel loading campaign and make website at http://ruleforum.llnl.gov. preliminary safety evaluation report corrections to the Connecticut Yankee Address questions about our rulemaking (SER) can be found under ADAMS technical specifications. Specifically, website to Carol Gallagher (301) 415– Accession Nos. ML031330790, the amendment would incorporate fuel 5905; email [email protected]. ML031340571, and ML031330792, enrichment tolerances; incorporate fuel Hand deliver comments to: 11555 respectively. assemblies with up to 20 damaged fuel Rockville Pike, Rockville, Maryland FOR FURTHER INFORMATION CONTACT: rods, recaged assemblies, the Yankee 20852, between 7:30 am and 4:15 pm Jayne M. McCausland, telephone (301) Rowe damaged fuel can, and assembly Federal workdays (telephone (301) 415– 415–6219, e-mail, [email protected] of the weights up to 432 kilograms (950 1966). Office of Nuclear Material Safety and pounds); revise the average surface dose Fax comments to: Secretary, U.S. Safeguards, U.S. Nuclear Regulatory rate limits for the concrete cask; Nuclear Regulatory Commission at (301) Commission, Washington, DC 20555– incorporate administrative changes in 415–1101. 0001.

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SUPPLEMENTARY INFORMATION: For Atomic Energy Act of 1954, as amended; Model Number: NAC–MPC. additional information, see the direct the Energy Reorganization Act of 1974, * * * * * final rule published in the final rules as amended; and 5 U.S.C. 553, the NRC Dated at Rockville, Maryland, this 7th day section of this Federal Register. is proposing to adopt the following of July, 2003. amendments to 10 CFR Part 72. Procedural Background For the Nuclear Regulatory Commission. This rule is limited to the changes PART 72—LICENSING William D. Travers, contained in Amendment 3 to CoC No. REQUIREMENTS FOR THE Executive Director for Operations. 1025 and does not include other aspects INDEPENDENT STORAGE OF SPENT [FR Doc. 03–18262 Filed 7–17–03; 8:45 am] of the NAC–MPC cask system design. NUCLEAR FUEL AND HIGH-LEVEL BILLING CODE 7590–01–P The NRC is using the ‘‘direct final rule RADIOACTIVE WASTE procedure’’ to issue this amendment 1. The authority citation for Part 72 because it represents a limited and continues to read as follows: DEPARTMENT OF TRANSPORTATION routine change to an existing CoC that Authority: Secs. 51, 53, 57, 62, 63, 65, 69, is expected to be noncontroversial. Federal Aviation Administration Adequate protection of public health 81, 161, 182, 183, 184, 186, 187, 189, 68 Stat. and safety continues to be ensured. The 929, 930, 932, 933, 934, 935, 948, 953, 954, 955, as amended, sec. 234, 83 Stat. 444, as 14 CFR Part 39 direct final rule will become effective on amended (42 U.S.C. 2071, 2073, 2077, 2092, October 1, 2003. However, if the NRC 2093, 2095, 2099, 2111, 2201, 2232, 2233, [Docket No. 99–NE–31–AD] receives significant adverse comments 2234, 2236, 2237, 2238, 2282); sec. 274, Pub. by August 18, 2003, then the NRC will L. 86–373, 73 Stat. 688, as amended (42 RIN 2120–AA64 publish a document that withdraws the U.S.C. 2021); sec. 201, as amended, 202, 206, direct final rule and will subsequently 88 Stat. 1242, as amended, 1244, 1246 (42 Airworthiness Directives; Air Cruisers address the comments received in a U.S.C. 5841, 5842, 5846); Pub. L. 95–601, sec. Company Emergency Evacuation final rule. The NRC will not initiate a 10, 92 Stat. 2951 as amended by Pub. L. 102– Slide/Raft System 486, sec. 7902, 106 Stat. 3123 (42 U.S.C. second comment period on this action. 5851); sec. 102, Pub. L. 91–190, 83 Stat. 853 AGENCY: Federal Aviation A significant adverse comment is a (42 U.S.C. 4332); secs. 131, 132, 133, 135, Administration (FAA), DOT. comment where the commenter 137, 141, Pub. L. 97–425, 96 Stat. 2229, 2230, explains why the rule would be 2232, 2241, sec. 148, Pub. L. 100–203, 101 ACTION: Notice of proposed rulemaking inappropriate, including challenges to Stat. 1330–235 (42 U.S.C. 10151, 10152, (NPRM). the rule’s underlying premise or 10153, 10155, 10157, 10161, 10168). SUMMARY: The FAA proposes to approach, or would be ineffective or Section 72.44(g) also issued under secs. supersede an existing airworthiness unacceptable without a change. A 142(b) and 148(c), (d), Pub. L. 100–203, 101 directive (AD) for a certain Air Cruisers comment is adverse and significant if: Stat. 1330–232, 1330–236 (42 U.S.C. 10162(b), 10168(c), (d)). Section 72.46 also Company Emergency Evacuation Slide/ (1) The comment opposes the rule and issued under sec. 189, 68 Stat. 955 (42 U.S.C. Raft System. That AD currently requires provides a reason sufficient to require a 2239); sec. 134, Pub. L. 97–425, 96 Stat. 2230 a one-time unpacking and subsequent substantive response in a notice-and- (42 U.S.C.10154). Section 72.96(d) also repacking of the slide/raft systems, comment process. For example, in a issued under sec. 145(g), Pub. L. 100–203, identified by basic part number (P/N) substantive response: 101 Stat. 1330–235 (42 U.S.C. 10165(g)). (a) The comment causes the NRC staff Subpart J also issued under secs. 2(2), 2(15), with dash numbers, and serial numbers to reevaluate (or reconsider) its position 2(19), 117(a), 141(h), Pub. L. 97–425, 96 Stat. (SNs) listed in the AD, and mandates or conduct additional analysis; 2202, 2203, 2204, 2222, 2244, (42 U.S.C. repacking of all other slide/raft systems (b) The comment raises an issue 10101, 10137(a), 10161(h)). Subparts K and L of the same design at the next required serious enough to warrant a substantive are also issued under sec. 133, 98 Stat. 2230 normal maintenance schedule of the (42 U.S.C. 10153) and sec. 218(a), 96 Stat. slide/raft system. This proposed AD response to clarify or complete the 2252 (42 U.S.C. 10198). record; or contains the same requirements but (c) The comment raises a relevant 2. In § 72.214, Certificate of replaces the specific slide/raft system P/ issue that was not previously addressed Compliance 1025 is revised to read as N dash numbers with the word ‘‘- or considered by the NRC staff. follows: series’’, reduces the number of affected (2) The comment proposes a change slide/raft systems to the SNs identified § 72.214 List of approved spent fuel in paragraph (g) of this proposed AD, or an addition to the rule, and it is storage casks. apparent that the rule would be and eliminates mandating the ineffective or unacceptable without * * * * * utilization of the applicable Folding Certificate Number: 1025. Procedures for subsequent repacking of incorporation of the change or addition. Initial Certificate Effective Date: April (3) The comment causes the NRC staff all slide/raft systems of the same design 10, 2000. during the normal scheduled to make a change (other than editorial) Amendment Number 1 Effective Date: maintenance. This proposed AD is to the CoC or technical specifications. November 13, 2001. prompted by recent information List of Subjects in 10 CFR Part 72 Amendment Number 2 Effective Date: May 29, 2002. received that Air Cruisers Company has Administrative practice and Amendment Number 3 Effective Date: made modifications which have added procedure, Criminal penalties, October 1, 2003. new dash numbers to the slide/raft Manpower training programs, Nuclear SAR Submitted by: NAC system basic P/N. This has affected materials, Occupational safety and International, Inc. some of the SN slide/raft systems listed health, Penalties, Radiation protection, SAR Title: Final Safety Analysis in the AD. The actions specified in this Reporting and recordkeeping Report for the NAC-Multipurpose proposed AD are intended to prevent requirements, Security measures, Spent Canister System (NAC–MPC System). failure of the slide/raft to properly fuel, Whistleblowing. Docket Number: 72–1025. inflate, which could impede the For the reasons set out in the Certificate Expiration Date: April 10, emergency evacuation of passengers in preamble and under the authority of the 2020. the event of an airplane emergency.

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DATES: We must receive any comments Examining the AD Docket P/N 62774-series slide/raft systems, on this proposed AD by September 16, You may examine the AD Docket identified by SNs. The proposed AD 2003. (including any comments and service would require that these actions be done ADDRESSES: Use one of the following information), by appointment, between per the service information described addresses to submit comments on this 8 a.m. and 4:30 p.m., Monday through previously. proposed AD: Friday, except Federal holidays. See Changes to 14 CFR Part 39—Effect on • By mail: Federal Aviation ADDRESSES for the location. the Proposed AD Administration (FAA), New England Region, Office of the Regional Counsel, Discussion On July 10, 2002, we published a new Attention: Rules Docket No. 99–NE–31– On January 22, 2003, the FAA issued version of 14 CFR part 39 (67 FR 47997, AD, 12 New England Executive Park, AD 2003–03–11, Amendment 39–13035 July 22, 2002), which governs the FAA’s Burlington, MA 01803–5299. (68 FR 4897, January 31, 2003). That AD AD system. This regulation now • By fax: (781) 238–7055. requires a one-time unpacking and includes material that relates to altered • By e-mail: subsequent repacking of the slideraft products, special flight permits, and [email protected]. system, identified by basic P/N with alternative methods of compliance. This You may get the service information dash numbers and SNs. That AD also material previously was included in identified in this proposed AD from Air mandates repacking of all other slide/ each individual AD. Since this material Cruisers Company, Technical raft systems of the same design at the is included in 14 CFR part 39, we will Publications Department, PO Box 180, next required normal maintenance not include it in future AD actions. Belmar, NJ 07719–0180; telephone: schedule of the slide/raft system. That Costs of Compliance (732) 681–3527, fax: (732) 280–8212. AD was prompted by reports of You may examine the AD docket at separation of the lower aspirator during There are approximately 388 slide/raft the FAA, New England Region, Office of a number of deployments. That systems of the affected design in the the Regional Counsel, 12 New England condition, if not corrected, could result worldwide fleet. We estimate that 74 Executive Park, Burlington, MA. in failure of the slide/raft to properly slide/raft systems installed on airplanes FOR FURTHER INFORMATION CONTACT: inflate, which could result in the of U.S. registry would be affected by this Leung Lee, Aerospace Engineer, New inability to evacuate the passenger cabin proposed AD. We also estimate that it York Aircraft Certification Office, FAA, in the event of an airplane emergency. would take approximately 5 work hours Engine and Propeller Directorate, 10 per slide/raft system to perform the Fifth Street, 3rd floor, Valley Stream, Actions Since AD 2003–03–11 Was repacking, and that the average labor NY 11581–1200; telephone (516) 256– Issued rate is $60 per work hour. Based on 7509; fax (516) 568–2716. Since that AD was issued, we became these figures, the total cost of the SUPPLEMENTARY INFORMATION: aware that the manufacturer has proposed AD to U.S. operators is modified some slide/raft systems which estimated to be $22,200. Comments Invited has added some new dash numbers to We invite you to submit any written the basic P/N of 62774. This proposed Regulatory Findings relevant data, views, or arguments AD contains the same requirements as We have determined that this regarding this proposal. Send your AD 2003–03–11, but replaces the proposed AD would not have federalism comments to an address listed under specific slide/raft system P/N dash implications under Executive Order ADDRESSES. Include ‘‘AD Docket No. 99– numbers with the word ‘‘-series’’. In 13132. This proposed AD would not NE–31–AD’’ in the subject line of your addition, the number of affected slide/ have a substantial direct effect on the comments. If you want us to raft systems is now reduced to the SNs States, on the relationship between the acknowledge receipt of your mailed identified in paragraph (g) of this national Government and the States, or comments, send us a self-addressed, proposed AD. Also, this proposed AD on the distribution of power and stamped postcard with the docket eliminates mandating the utilization of responsibilities among the various number written on it; we will date- the applicable Folding Procedures for levels of government. stamp your postcard and mail it back to subsequent repacking of all slide/raft For the reasons discussed above, I you. We specifically invite comments systems of the same design during the certify that the proposed regulation: on the overall regulatory, economic, normal scheduled maintenance. 1. Is not a ‘‘significant regulatory environmental, and energy aspects of action’’ under Executive Order 12866; the proposed AD. If a person contacts us Relevant Service Information 2. Is not a ‘‘significant rule’’ under the through a nonwritten communication, We have reviewed and approved the DOT Regulatory Policies and Procedures and that contact relates to a substantive technical contents of Air Cruisers (44 FR 11034, February 26, 1979); and part of this proposed AD, we will Company Service Bulletin (SB) 777– 3. Would not have a significant summarize the contact and place the 107–25–06, dated February 19, 1999, economic impact, positive or negative, summary in the docket. We will that identifies improperly packed slide/ on a substantial number of small entities consider all comments received by the rafts by SN, and references slide/raft under the criteria of the Regulatory closing date and may amend the folding procedure P–12054, and P– Flexibility Act. proposed AD in light of those 12064. We prepared a summary of the costs comments. to comply with this proposal and placed FAA’s Determination and Requirements We are reviewing the writing style we it in the AD Docket. You may get a copy of the Proposed AD currently use in regulatory documents. of this summary by sending a request to We are interested in your comments on We have evaluated all pertinent us at the address listed under whether the style of this document is information and identified an unsafe ADDRESSES. Include ‘‘AD Docket No. 99– clear, and your suggestions to improve condition that is likely to exist or NE–31–AD’’ in your request. the clarity of our communications that develop on other products of this same affect you. You may get more type design. Therefore, we are List of Subjects in 14 CFR Part 39 information about plain language at proposing this AD, which would require Air transportation, Aircraft, Aviation http://www.plainlanguage.gov. a one-time unpacking and repacking of safety, Safety.

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The Proposed Amendment Air Cruisers Company: Docket No. 99–NE– Company has made modifications which 31–AD. Supersedes AD 2003–03–11, have added new dash numbers to the slide/ Accordingly, under the authority Amendment 39–13035. raft system basic P/N. This has affected some delegated to me by the Administrator, Comments Due Date of the SN slide/raft systems listed in AD the Federal Aviation Administration 2003–03–11. In addition, this AD is (a) The Federal Aviation Administration prompted by the requirement to reduce the proposes to amend 14 CFR part 39 as (FAA) must receive comments on this follows: number of affected slide/raft systems to only airworthiness directive (AD) action by the SNs identified in paragraph (g) of this September 16, 2003. PART 39—AIRWORTHINESS AD. We are issuing this AD to prevent failure Affected ADs of the slide/raft to properly inflate, which DIRECTIVES (b) This AD supersedes AD 2003–03–11, could impede the emergency evacuation of Amendment 39–13035. passengers in the event of an airplane 1. The authority citation for part 39 emergency. continues to read as follows: Applicability Compliance Authority: 49 U.S.C. 106(g), 40113, 44701. (c) This AD applies to all dash numbers of Air Cruisers Company Emergency Evacuation (e) If you have not already performed the § 39.13 [Amended] Slide/Raft System, part number (P/N) 62774. actions required by this AD, you must These Emergency Evacuation Slide/Raft perform the actions within the compliance 2. The FAA amends § 39.13 by Systems are installed on, but not limited to times specified in this AD. Boeing 777–200 and –300 series airplanes. removing Amendment 39–13035, (68 FR Repacking 4897, January 31, 2003), and by adding Unsafe Condition (f) For slide/raft systems that have a SN the following new airworthiness (d) This AD is prompted by recent listed in Table 1 of this AD, do the following: directive: information received that Air Cruisers Table 1 follows:

TABLE 1.—AFFECTED SLIDE/RAFT SNS

0203 0207 0220 0234 0235 0239 0241 0245 0250 0255 0267 0277 0280 0302 0305 0306 0310 0312 0316 0318 0320 0330 0332 0333 0335 0339 0342 0343 0344 0345 0348 0349 0350 0351 0354 0355 0356 0358 0364 0365 0366 0368 0369 0372 0373 0374 0376 0378 0379 0380 0381 0384 0385 0388 0389 0390 0391 0392 0394 0395 0396 0397 0398 0399 0402 0403 0404 0406 0408 0409 0411 0413 0415 0417 0418 0419 0420 0421 0422 0423 0425 0426 0427 0428 0429 0430 0431 0433 0438 0443 0445 0455 0456

(1) For slide/raft systems currently (g) For slide/raft systems SN 0558 and requirements of paragraph (f) or (g) of this installed on airplanes, repack the slide/raft lower that are not included in Table 1 of this AD. system within 2 months after the effective AD, repack the slide/raft systems in (i) Slide/raft systems with a SN listed in date of this AD in accordance with the accordance with the applicable Air Cruisers Table 1 or identified in paragraph (g) of this Accomplishment Instructions described in Company Folding Procedure P–12054 (for AD that were repacked under AD 2003–11– Air Cruisers Company SB 777–107–25–06, left-hand slide/rafts), Revision F, dated 03 are considered in compliance with the dated February 19, 1999, and the applicable March 12, 1999, or Procedure P–12064 (for requirements of paragraph (f) or (g) of this Air Cruisers Company Folding Procedure P– right-hand slide/rafts), Revision F, dated AD. 12054 (for left-hand slide/rafts), Revision F, March 12, 1999, at the next required normal dated March 12, 1999, or Procedure P–12064 maintenance schedule of the slide/raft Alternative Methods of Compliance (for right-hand slide/rafts), Revision F, dated system, but no later than 18 months after the (AMOCs) March 12, 1999. effective date of this AD. (2) For uninstalled slide/raft systems, (j) You must request AMOCs as specified repack before installation, in accordance with Credit for Previous Repacking in 14 CFR 39.19. All AMOCs must be the Accomplishment Instructions described (h) Slide/raft systems with a SN listed in approved by the Manager, New York Aircraft in Air Cruisers Company SB 777–107–25–06, Table 1 or identified in paragraph (g) of this Certification Office, FAA. dated February 19, 1999, and the applicable AD that have already been repacked in Material Incorporated by Reference Air Cruisers Company Folding Procedure P– accordance with Air Cruisers Company 12054 (for left-hand slide/rafts), Revision F, Folding Procedures P–12054, Revision F, (k) The repacking must be done in dated March 12, 1999, or Procedure P–12064 dated March 12, 1999, or P–12064, Revision accordance with the following Air Cruisers (for right-hand slide/rafts), Revision F, dated F, dated March 12, 1999, as applicable, are Company service bulletin (SB) and Folding March 12, 1999. considered in compliance with the Procedures:

Document No. Pages Revision Date

SB 777–107–25–06 All ...... Original ...... February 19, 1999. Total pages: 3 ...... P–12054 All ...... F ...... March 12, 1999. Total pages: 158 ...... P–12064 All ...... F ...... March 12, 1999. Total pages: 156 ......

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Related Information provide better service to importers and Will County, Illinois, to the point where (l) None. the rail transportation industry in the Will County-Cook County Line Issued in Burlington, Massachusetts, on central Illinois. intersects the Illinois-Indiana State Line, July 14, 2003. Current Port Limits of Chicago, Illinois thence northerly along the Illinois- Robert E. Guyotte, Indiana State Line to the point near The current port limits of Chicago, Dyer, Indiana, where U.S. Route Thirty Acting Manager, Engine and Propeller Illinois, are described as follows in (30) intersects this Line, thence easterly Directorate, Aircraft Certification Service. Treasury Decision (T.D.) 71–121 of May along U.S. Route Thirty (30) to the point [FR Doc. 03–18243 Filed 7–17–03; 8:45 am] 3, 1971: BILLING CODE 4910–13–P Beginning at the point where the where this highway and the Indiana northern limits of Cook County, Illinois, State Highway Forty-Nine (49) intersect, intersect Lake Michigan, thence thence in a northerly direction along DEPARTMENT OF HOMELAND westerly along the Cook County-Lake Indiana State Highway Forty-Nine (49) SECURITY County Line to the point where State to a place where this highway meets Highway Fifty-Three (52) intersects this Lake Michigan. Bureau of Customs and Border Line, thence in a southerly direction Authority Protection along State Highway Fifty-Three (53) to the point where this highway intersects This change is proposed under the 19 CFR Part 101 the Dupage County-Will County Line, authority of 5 U.S.C. 301 and 19 U.S.C. thence in a general easterly and 2, 66 and 1624. Extension of Port Limits of Chicago, IL southerly direction along the northern AGENCY: Customs and Border Protection; and eastern limits of Will County, Comments Homeland Security. Illinois, to the point where the Will County-Cook County Line intersects the Before adopting this proposal, ACTION: Notice of proposed rulemaking. Illinois-Indiana State Line, thence consideration will be given to any written comments that are timely SUMMARY: This document proposes to northerly along the Illinois-Indiana amend the Customs Regulations State Line to the point near Dyer, submitted to CBP. All such comments pertaining to the field organization of Indiana, where U.S. Route Thirty (30) received from the public pursuant to the Bureau of Customs and Border intersects this Line, thence easterly this notice of proposed rulemaking will Protection (CBP) by extending the along U.S. Route Thirty (30) to a point be available for public inspection in geographical limits of the port of where this highway and Indiana State accordance with the Freedom of Chicago, Illinois. The change is being Highway Forty-Nine (49) intersect, Information Act (5 U.S.C. 552) and proposed as part of CBP’s continuing thence in a northerly direction along § 103.11(b), Customs Regulations (19 program to obtain more efficient use of Indiana State Highway Forty-Nine (49) CFR 103.11(b)) during regular business its personnel, facilities, and resources, to the place where the highway meets days between the hours of 9 a.m. and and to provide better service to carriers, Lake Michigan. 4:30 p.m. at the Regulations Branch, importers, and the general public. Proposed Port Limits of Chicago, Office of Regulations and Rulings, DATES: Comments must be received on Illinois Customs and Border Protection, Department of Homeland Security, 799 or before September 16, 2003. CBP proposes to extend the port ADDRESSES: Written comments must be limits of the port of Chicago, Illinois, to 9th Street, NW., Washington, DC. submitted to the Bureau of Customs and include additional territory in the City Regulatory Flexibility Act and Border Protection, Office of Regulations of Elwood, Illinois so that the Executive Order 12866 and Rulings, (Attention: Regulations description of the port limits would Branch), 1300 Pennsylvania Avenue read as follows: CBP establishes, expands and NW., Washington, DC 20229. Submitted Beginning at the point where the consolidates CBP ports of entry comments may be inspected at the CBP, northern limits of Cook County, Illinois, throughout the United States to 799 9th Street, NW., Washington, DC intersect Lake Michigan, thence accommodate the volume of CBP-related during regular business hours. westerly along the Cook County-Lake activity in various parts of the country. Arrangements to inspect submitted County Line to the point where Illinois Thus, although this document is being comments should be made in advance Highway Fifty-Three (53) intersects this issued with notice for public comment, by calling Mr. Joseph Clark at (202) 572– Line, thence in a southerly direction because it relates to agency management 8768. along Illinois State Highway Fifty-Three and organization it is not subject to the FOR FURTHER INFORMATION CONTACT: (53) to the point where this highway notice and public procedure Lorraine Henderson, Office of Field intersects Interstate Highway Fifty-Five requirements of 5 U.S.C. 553. Operations, (202) 927–1424. (55), thence southwesterly along Accordingly, this document is not Interstate Highway Fifty-Five (55) to the SUPPLEMENTARY INFORMATION: subject to the provisions of the point where this highway intersects the Regulatory Flexibility Act (5 U.S.C. 601 Background north bank of the Kankakee River, et seq.). Agency organization matters In order to facilitate the clearance of thence southeasterly to the point where international freight at an intermodal the Kankakee River intersects State such as this proposed port extension are facility in the City of Elwood, Illinois, Highway Fifty-Three (53), thence exempt from consideration under CBP is proposing to amend § 101.3(b)(1) northeasterly to the point where this Executive Order 12866. by extending the port limits of the port highway intersects Interstate Highway Drafting Information limits of the port of Chicago, to include Eighty (80), thence easterly to the point certain parts of the City of Elwood, where this highway intersects the Cook The principal author of this document Illinois, as described below. The County-Will County Line, thence in a was Janet L. Johnson, Regulations proposed extension of the port limits to general easterly and southerly direction Branch. However, personnel from other include the specified territory will along the northern and eastern limits of offices participated in its development.

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Dated: July 14, 2003. I. Background DEPARTMENT OF THE INTERIOR Robert C. Bonner, Commissioner, Customs and Border HUD has established the Native Bureau of Indian Affairs Protection. American Housing Assistance and Self- Tom Ridge, Determination Negotiated Rulemaking 25 CFR Chapter I Committee for the purposes of Secretary, Department of Homeland Security. No Child Left Behind Negotiated [FR Doc. 03–18173 Filed 7–17–03; 8:45 am] discussing and negotiating a proposed rule that would change the regulations Rulemaking Committee BILLING CODE 4820–02–P for the Indian Housing Block Grant AGENCY: Bureau of Indian Affairs, (IHBG) program allocation formula, and Interior. other IHBG program regulations that ACTION: Membership of the No Child DEPARTMENT OF HOUSING AND arise out of the allocation or reallocation Left Behind Negotiated Rulemaking URBAN DEVELOPMENT of IHBG funds. Committee. The IHBG program was established 24 CFR Part 1000 under the Native American Housing SUMMARY: The Secretary of the Interior Assistance and Self-Determination Act has established an advisory Committee [Docket No. FR–4676–N–10] to develop recommendations for of 1996 (25 U.S.C. 4101 et seq.) proposed rules for Indian education (NAHASDA). NAHASDA reorganized Native American Housing Assistance under six sections of The No Child Left and Self-Determination Negotiated housing assistance to Native Americans Behind Act of 2001. On May 5, 2003, Rulemaking Committee; Meeting by eliminating and consolidating a the Secretary published the proposed number of HUD assistance programs in AGENCY: Office of the Assistant membership for the No Child Left a single block grant program. In Behind Negotiated Rulemaking Secretary for Public and Indian addition, NAHASDA provides federal Housing, HUD. Committee and requested comments. assistance for Indian tribes in a manner Following review of the comments, the ACTION: Notice of negotiated rulemaking that recognizes the right of Indian self- Secretary has named the members of the committee meeting. determination and tribal self- Committee. government. Following the procedures SUMMARY: This document announces a SUPPLEMENTARY INFORMATION: The No meeting of the Native American of the Negotiated Rulemaking Act of Child Left Behind Negotiated Housing Assistance and Self- 1990 (5 U.S.C. 561–570), HUD and its Rulemaking Committee is an advisory Determination Negotiated Rulemaking tribal partners negotiated the March 12, committee formed under the No Child Committee. The purpose of the 1998 (63 FR 12349) final rule, which Left Behind Act of 2001 (Pub. L. 107– Committee is to discuss and negotiate a created a new 24 CFR part 1000 110), the Negotiated Rulemaking Act, proposed rule that would change the containing the IHBG program and the Federal Advisory Committee regulations for the Indian Housing Block regulations. Act. The purpose of the Committee is to negotiate and reach consensus on Grant (IHBG) program allocation II. Negotiated Rulemaking Committee formula, and other regulatory issues that recommendations for proposed rules for Meeting arise out of the allocation or reallocation Indian education under six sections of of IHBG funds. This document announces a meeting The No Child Left Behind Act of 2001. DATES: The committee meeting will be of the Native American Housing For more information on negotiated held on Monday, August 18, 2003, Assistance and Self-Determination rulemaking under The No Child Left Behind Act, see Federal Register notices Tuesday, August 19, 2003, Wednesday, Negotiated Rulemaking Committee. The that we published on December 10, August 20, 2003, and Thursday, August committee meeting will take place as 2002 (67 FR 75828) and May 5, 2003 (68 21, 2003. The committee meeting will described in the DATES and ADDRESSES FR 23631), or our Web site at http// begin at approximately 9 a.m. on section of this document. The agenda Monday, August 18, 2003, and is www.oiep.bia.edu under ‘‘Negotiated planned for the meeting includes work Rulemaking.’’ scheduled to adjourn at 3 p.m. on group sessions and the discussion of Thursday, August 21, 2003. The Secretary proposed 19 tribal work group progress reports by the full Committee members and 6 Federal ADDRESSES: The meeting will take place committee. The meeting will be open to Committee members. Following at the J.W. Marriott Hotel, 1331 the public without advance registration. selection of the tribal Committee Pennsylvania Avenue, Washington, DC Public attendance may be limited to the members as proposed in the May 5, 20004; telephone (202) 393–2000 (this is space available. Members of the public 2003, Federal Register notice, one of the not a toll-free number). may be allowed to make statements proposed tribal Committee members, FOR FURTHER INFORMATION CONTACT: during the meeting, to the extent time David Germany, Mississippi Band of Rodger J. Boyd, Deputy Assistant permits, and file written statements Choctaw, was unable to serve. The Secretary for Native American with the committee for its Secretary has replaced Mr. Germany Programs, Room 4126, Office of Public consideration. Written statements with Vanessa Girard, Education Planner, and Indian Housing, Department of should be submitted to the address Gila River Indian Community. In Housing and Urban Development, 451 listed in the FOR FURTHER INFORMATION response to the Federal Register notice Seventh Street, SW., Washington, DC section of this document. of proposed membership of the 20410–5000, telephone, (202) 401–7914 Committee, the Secretary received 8 Dated: July 11, 2003. (this is not a toll-free number). Hearing comments, including 6 additional or speech-impaired individuals may Rodger J. Boyd, nominations for Committee access this number via TTY by calling Deputy Assistant Secretary for Native membership. The Secretary found that the toll-free Federal Information Relay American Programs. the membership of the Committee Service at 1–800–877–8339. [FR Doc. 03–18182 Filed 7–17–03; 8:45 am] adequately represented the tribes with SUPPLEMENTARY INFORMATION: BILLING CODE 4210–27–P bureau-funded schools and the interests

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previously identified. Therefore the The Secretary has selected the No Child Left Behind Negotiated Secretary did not select any of the new following tribal representatives for the Rulemaking Committee: nominations for the Committee.

Nominee Tribal affiliation Educational affiliation

Greg Anderson ...... Muscogee (Creek) Nation ...... Administrator, Creek Nation-Eufaula Dormitory. Lorraine Begay ...... Navajo Nation ...... Director, Business Services, Greasewood Springs Commu- nity School, Inc. Pauleen Billie ...... Navajo Nation ...... Executive Director, Navajo Area School Board Association. Faye Blue Eyes ...... Navajo Nation ...... Director, Support Services, Shiprock Alternative Schools, Inc. Roger Bordeaux ...... Potowatomi Nation ...... Superintendent, Tiospa Zina Tribal School. Deborah Bordeaux ...... Oglala Sioux Tribe ...... Principal, Loneman School. Doyce Cannon ...... Eastern Band of Cherokee Indians ...... Director of Education, Cherokee Central Schools. Mary Helen Creamer ...... Navajo Nation ...... Program Manager, Tribal Education Department. Laverne Dallas ...... Hopi Tribe ...... President, Hopi School Board. Zachary Ducheneaux ...... Cheyenne River Sioux Tribe ...... District 6 Representative, Cheyenne River Sioux Tribal Council. Gus Keene, Jr...... Navajo Nation ...... Director, Education Services, Ramah Navajo School Board. Dolores McKerry ...... Navajo Nation ...... Program Manager, Navajo Education Center, North Central Association. Wayne Newell ...... Pasamaquoddy Tribe ...... Director, Culture and Bilingual Education. Tony Pivec ...... Cherokee Nation ...... Superintendent, Sequoyah High School. Mark Sorenson ...... Navajo Nation ...... Executive Director, Little Singer Community School. Terry Yellow Fat ...... Standing Rock Sioux Tribe ...... Superintendent, Standing Rock Community School. Wayne Waddoups ...... Shoshone-Bannock ...... Superintendent, Shoshone Bannock School District # 512. Vanessa Girard ...... Gila River Indian Community ...... Education Planner, Gila River Indian Community. Linda Warner ...... Comanche Nation ...... Past Chief Executive Officer, Indian Community School of Milwaukee.

In addition, the Secretary has selected DEPARTMENT OF THE TREASURY 03), Courier’s Desk, Internal Revenue the following Federal representatives for Service, 1111 Constitution Avenue, the No Child Left Behind Negotiated Internal Revenue Service NW., Washington, DC or sent Rulemaking Committee: electronically, via the IRS Internet site 26 CFR Part 1 at: http://www.irs.gov/regs. Name Affiliation [REG–113112–03] FOR FURTHER INFORMATION CONTACT: Theresa M. Kolish ((202) 622–7930) of RIN 1545–BB98 Theresa Rosier Office of the Assistant the Office of the Associate Chief Secretary-Indian Affairs. Counsel (Corporate) (not a toll-free Sharon Wells .... Special Assistant Deputy Reduction of Tax Attributes Due to Director, School Oper- Discharge of Indebtedness number). ations, BIA. SUPPLEMENTARY INFORMATION: Edith Blackwell .. Associate Solicitor, Divi- AGENCY: Internal Revenue Service (IRS), sion of Indian Affairs, Of- Treasury. Background and Explanation of fice of the Solicitor. ACTION: Notice of proposed rulemaking Provisions Bruce Steele ..... Principal, Polacca Day by cross-reference to temporary Temporary regulations in the Rules School, BIA–OIEP–Hopi regulations. and Regulations section of this issue of Agency. the Federal Register amend the Income Michael Rossetti Counselor to the Secretary SUMMARY: In the Rules and Regulations of the Interior. section of this issue of the Federal Tax Regulations (26 CFR part 1) relating Larry Byers ...... Principal, Chemawa Register, the IRS is issuing temporary to sections 108 and 1017. The temporary School, BIA–OIEP. regulations relating to the reduction of regulations will affect taxpayers that tax attributes under sections 108 and exclude discharge of indebtedness 1017 of the Internal Revenue Code. The income from gross income under section Dated: July 10, 2003. 108. The text of those temporary Aurene M. Martin, temporary regulations affect taxpayers that exclude discharge of indebtedness regulations also serves as the text of Acting Assistant Secretary—Indian Affairs. income from gross income under section these proposed regulations. The [FR Doc. 03–18220 Filed 7–17–03; 8:45 am] 108. The text of those regulations also preamble to the temporary regulations BILLING CODE 4310–6W–P serves as the text of these proposed explains the amendments. regulations. Special Analyses DATES: Written or electronic comments It has been determined that this notice must be received by October 16, 2003. of proposed rulemaking is not a ADDRESSES: Send submissions to: significant regulatory action as defined CC:PA:RU (REG–113112–03), room in Executive Order 12866. Therefore, a 5226, Internal Revenue Service, POB regulatory assessment is not required. It 7604, Ben Franklin Station, Washington, has also been determined that section DC 20044. Submissions may be hand 553(b) of the Administrative Procedures delivered between the hours of 8 a.m. Act (5 U.S.C. chapter 5) does not apply and 4 p.m. to CC:PA:RU (REG–113112– to these regulations, and, because the

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regulations do not impose a collection § 1.1017–1 Basis reductions following a Comments may also be submitted of information on small entities, the discharge of indebtedness. electronically, or through hand Regulatory Flexibility Act (5 U.S.C. * * * * * delivery/courier. Please follow the chapter 6) does not apply. Pursuant to (b) * * * detailed instructions described in [Part section 7805(f) of the Internal Revenue (4) [The text of the proposed § 1.1017– (I)(B)(1)(i) through (iii)] of the Code, this notice of proposed 1(b)(4) is the same as the text for SUPPLEMENTARY INFORMATION section. rulemaking will be submitted to the § 1.1017–1T(b)(4) published elsewhere FOR FURTHER INFORMATION CONTACT: Chief Counsel for Advocacy of the Small in this issue of the Federal Register]. Scott M. Martin, Regulatory Business Administration for comment * * * * * Development Section, Air Planning on its impact on small business. Branch, Air, Pesticides and Toxics Robert E. Wenzel, Management Division, U.S. Comments and Requests for Public Deputy Commissioner for Services and Environmental Protection Agency, Hearing Enforcement. Region 4, 61 Forsyth Street, SW., Before these proposed regulations are [FR Doc. 03–18146 Filed 7–17–03; 8:45 am] Atlanta, Georgia 30303–8960. The adopted as final regulations, BILLING CODE 4830–01–P telephone number is (404) 562–9036. consideration will be given to any Mr. Martin can also be reached via written (a signed original and 8 copies) electronic mail at [email protected]. or electronic comments that are ENVIRONMENTAL PROTECTION SUPPLEMENTARY INFORMATION: submitted timely to the IRS. The IRS AGENCY and Treasury Department request I. General Information comments on the clarity of the proposed 40 CFR Part 52 A. How Can I Get Copies of This rules and how they can be made easier [GA–62, GA–64–200314; FRL–7530–2] Document and Other Related to understand. All comments will be Information? available for public inspection and Approval and Promulgation of 1. The Regional Office has established copying. A public hearing will be Implementation Plans; Georgia: an official public rulemaking file scheduled if requested in writing by any Approval of Revisions to the State available for inspection at the Regional person that timely submits written Implementation Plan Office. EPA has established an official comments. If a public hearing is public rulemaking file for this action scheduled, notice of the date, time, and AGENCY: Environmental Protection under GA–62, GA–64–200314. The place for the public hearing will be Agency (EPA). official public file consists of the published in the Federal Register. ACTION: Proposed rule. documents specifically referenced in Drafting Information SUMMARY: On January 31, 2003, the this action, any public comments The principal author of these Georgia Environmental Protection received, and other information related regulations is Theresa M. Kolish, Office Division (GAEPD) submitted revisions to this action. Although a part of the of Associate Chief Counsel (Corporate). to the ‘‘Gasoline Marketing Rule,’’ official docket, the public rulemaking However, other personnel from the IRS provided in Georgia’s Rules for Air file does not include Confidential and Treasury Department participated Quality Control, Chapter 391–3–1– Business Information (CBI) or other in their development. .02(2)(bbb) (the Georgia Fuel Rule) to information whose disclosure is EPA. The revisions, which are in restricted by statute. The official public List of Subjects in 26 CFR Part 1 response to concerns regarding adequate rulemaking file is the collection of Income taxes, Reporting and gasoline supply, address the Georgia materials that is available for public recordkeeping requirements. Fuel Rule’s gasoline sulfur viewing at the Regulatory Development requirements, which would have been Section, Air Planning Branch, Air, Proposed Amendments to the effective April 1, 2003, and associated Pesticides and Toxics Management Regulations reporting and testing requirements. On Division, U.S. Environmental Protection Accordingly, 26 CFR part 1 is June 19, 2003, the GAEPD submitted a Agency, Region 4, 61 Forsyth Street, proposed to be amended as follows: subsequent revision to the Georgia Fuel SW., Atlanta, Georgia 30303–8960. EPA Rule to amend the effective date for the requests that if at all possible, you PART 1—INCOME TAXES gasoline sulfur requirements to contact the contact listed in the For Paragraph 1. The authority citation September 16, 2003, from the effective Further Information Contact section to for part 1 is amended by adding the date cited in the previous State rule schedule your inspection. The Regional following entry in numerical order to revision. In this action, EPA is Office’s official hours of business are read as follows: proposing to approve both of GAEPD’s Monday through Friday, 9 to 3:30 requests for a revision to the gasoline excluding federal holidays. Authority: 26 U.S.C. 7805 * * * sulfur requirement for the period of 2. Copies of the State submittal and Section 1.108–7 also issued under 26 EPA’s technical support document are U.S.C. 108. * * * April 1, 2003, through December 31, 2003. also available for public inspection Par. 2. Section 1.108–7 is added to during normal business hours, by read as follows: DATES: Written comments must be appointment at the State Air Protection received on or before August 18, 2003. Branch, Georgia Environmental § 1.108–7 Reduction of attributes. ADDRESSES: Comments may be Protection Division, Georgia Department [The text of the proposed § 1.108–7 is submitted by mail to: Scott M. Martin, of Natural Resources, 4244 International the same as the text for § 1.108–7T Regulatory Development Section, Air Parkway, Suite 120, Atlanta, Georgia published elsewhere in this issue of the Planning Branch, Air, Pesticides and 30354, telephone (404) 363–7000. Federal Register]. Toxics Management Division, U.S. 3. Electronic Access. You may access Par. 3. Section 1.1017–1 is amended Environmental Protection Agency, this Federal Register document by adding paragraph (b)(4) to read as Region 4, 61 Forsyth Street, SW., electronically through the follows: Atlanta, Georgia 30303–8960. Regulation.gov web site located at

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http://www.regulations.gov where you contact you for clarification, EPA may C. How Should I Submit CBI to the can find, review, and submit comments not be able to consider your comment. Agency? on Federal rules that have been i. E-mail. Comments may be sent by Do not submit information that you published in the Federal Register, the electronic mail (e-mail) to consider to be CBI electronically to EPA. Government’s legal newspaper, and are [email protected]. Please include You may claim information that you open for comment. the text ‘‘Public comment on proposed submit to EPA as CBI by marking any For public commenters, it is rulemaking’’ ‘‘GA–62, GA–64–200314’’ part or all of that information as CBI (if important to note that EPA’s policy is in the subject line. EPA’s e-mail system you submit CBI on disk or CD ROM, that public comments, whether is not an ‘‘anonymous access’’ system. If mark the outside of the disk or CD ROM submitted electronically or on paper, you send an e-mail comment directly as CBI and then identify electronically will be made available for public without going through Regulations.gov, within the disk or CD ROM the specific viewing at the EPA Regional Office, as EPA’s e-mail system automatically information that is CBI). Information so EPA receives them and without change, captures your e-mail address. E-mail marked will not be disclosed except in unless the comment contains addresses that are automatically accordance with procedures set forth in copyrighted material, CBI, or other captured by EPA’s e-mail system are 40 CFR part 2. information whose disclosure is included as part of the comment that is In addition to one complete version of restricted by statute. When EPA placed in the official public docket. the comment that includes any identifies a comment containing ii. Regulation.gov. Your use of information claimed as CBI, a copy of copyrighted material, EPA will provide Regulation.gov is an alternative method the comment that does not contain the a reference to that material in the of submitting electronic comments to information claimed as CBI must be version of the comment that is placed in EPA. Go directly to Regulations.gov at submitted for inclusion in the official the official public rulemaking file. The http://www.regulations.gov, then select public regional rulemaking file. If you entire printed comment, including the Environmental Protection Agency at the submit the copy that does not contain copyrighted material, will be available top of the page and use the go button. CBI on disk or CD ROM, mark the at the Regional Office for public The list of current EPA actions available outside of the disk or CD ROM clearly inspection. for comment will be listed. Please that it does not contain CBI. Information B. How and to Whom Do I Submit follow the online instructions for not marked as CBI will be included in Comments? submitting comments. The system is an the public file and available for public ‘‘anonymous access’’ system, which inspection without prior notice. If you You may submit comments means EPA will not know your identity, have any questions about CBI or the electronically, by mail, or through hand e-mail address, or other contact procedures for claiming CBI, please delivery/courier. To ensure proper information unless you provide it in the consult the person identified in the FOR receipt by EPA, identify the appropriate body of your comment. FURTHER INFORMATION CONTACT section. rulemaking identification number by including the text ‘‘Public comment on iii. Disk or CD ROM. You may submit D. What Should I Consider as I Prepare proposed rulemaking’’ ‘‘GA–62, GA–64– comments on a disk or CD ROM that My Comments for EPA? 200314’’ in the subject line on the first you mail to the mailing address identified in Section 2, directly below. You may find the following page of your comment. Please ensure suggestions helpful for preparing your that your comments are submitted These electronic submissions will be accepted in WordPerfect, Word or ASCII comments: within the specified comment period. 1. Explain your views as clearly as Comments received after the close of the file format. Avoid the use of special characters and any form of encryption. possible. comment period will be marked ‘‘late.’’ 2. Describe any assumptions that you EPA is not required to consider these 2. By Mail. Send your comments to: used. late comments. Scott M. Martin, Regulatory 3. Provide any technical information 1. Electronically. If you submit an Development Section, Air Planning and/or data you used that support your electronic comment as prescribed Branch, Air, Pesticides and Toxics views. below, EPA recommends that you Management Division, U.S. 4. If you estimate potential burden or include your name, mailing address, Environmental Protection Agency, costs, explain how you arrived at your and an e-mail address or other contact Region 4, 61 Forsyth Street, SW., estimate. information in the body of your Atlanta, Georgia 30303–8960. Please 5. Provide specific examples to comment. Also include this contact include the text ‘‘Public comment on illustrate your concerns. information on the outside of any disk proposed rulemaking’’ ‘‘GA–60, GA–61– 6. Offer alternatives. or CD ROM you submit, and in any 200332’’ in the subject line on the first 7. Make sure to submit your cover letter accompanying the disk or page of your comment. comments by the comment period CD ROM. This ensures that you can be 3. By Hand Delivery or Courier. deadline identified. identified as the submitter of the Deliver your comments to: Scott M. 8. To ensure proper receipt by EPA, comment and allows EPA to contact you Martin, Regulatory Development identify the appropriate regional file/ in case EPA cannot read your comment Section, Air Planning Branch, Air, rulemaking identification number in the due to technical difficulties or needs Pesticides and Toxics Management subject line on the first page of your further information on the substance of Division 12th floor, U.S. Environmental response. It would also be helpful if you your comment. EPA’s policy is that EPA Protection Agency Region 4, 61 Forsyth provided the name, date, and Federal will not edit your comment, and any Street, SW., Atlanta, Georgia 30303– Register citation related to your identifying or contact information 8960. Such deliveries are only accepted comments. provided in the body of a comment will during the Regional Office’s normal be included as part of the comment that hours of operation. The Regional II. Background is placed in the official public docket. Office’s official hours of business are On October 28, 1999, the State of If EPA cannot read your comment due Monday through Friday, 9 to 3:30 Georgia, through the GAEPD, submitted to technical difficulties and cannot excluding federal holidays. an attainment demonstration for the 1-

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hour ozone national ambient air quality State’s low-sulfur and low-RVP effective on February 20, 2003. The standard (NAAQS) for the Atlanta requirements are necessary for the second revision to the rule was formally nonattainment area for inclusion into Atlanta nonattainment area to achieve adopted by the GAEPD Board on May the Georgia state implementation plan the ozone NAAQS. On December 11, 28, 2003, and became State effective on (SIP). This submittal included a version 2001 (66 FR 63982), EPA published a June 24, 2003. of the low-sulfur/low-Reid Vapor notice of proposed rulemaking (NPR) to These rule changes are within the Pressure (RVP) fuel regulations that was approve the Georgia Fuel Rule into the scope of the ‘‘necessity’’ demonstration subsequently amended by the State, and SIP. That NPR provided a detailed under section 211(c)(4)(C) of the Act that was submitted by the State to EPA description of this action and EPA’s because the changes do not affect the in revised form in subsequent SIP rationale for proposed approval. The finding made at the time of the original revisions dated July 31, 2000, and public comment period for this action SIP approval regarding the availability August 21, 2001. ended on January 25, 2002. No of non-fuel measures to bring about Additionally, on May 31, 2000, in comments, adverse or otherwise, were timely attainment. This fuel program, as support of its request for SIP approval received on EPA’s proposal. EPA currently modified, adds an of the State fuel regulations, GAEPD finalized this approval action on intermediate level of sulfur control to a submitted a demonstration that, in February 22, 2002 (67 FR 8200). The fuel program that now includes three accordance with section 211(c)(4)(C) of effective date for this Federal approval levels of sulfur control instead of two. the Clean Air Act (CAA or the ‘‘Act’’) as was March 25, 2002. This additional level of sulfur control amended in 1990, the fuel control is On January 31, 2003, the GAEPD would not have affected the evaluation necessary to achieve the NAAQS submitted revisions to the Georgia Fuel of potential non-fuel measures and their implemented by the applicable SIP. On Rule to EPA to revise the effective date availability to achieve attainment as November 9, 2001, the GAEPD for the 30 parts per million (ppm) sulfur compared to the fuel program’s submitted an updated ‘‘necessity’’ requirement from April 1, 2003, to contribution to the same attainment demonstration which reflected the January 1, 2004. The revisions, made in date. response to concerns regarding adequate revised motor vehicle emissions budget, gasoline supply, also address associated III. Analysis of State’s Submittal the request for an attainment date reporting and testing requirements. On extension from 2003 to 2004, and the On January 31, 2003, the GAEPD June 19, 2003, the GAEPD submitted a revised Partnership for a Smog Free submitted revisions to the Georgia Fuel subsequent revision for the Georgia Fuel Georgia emissions calculations. The Rule to EPA. The purpose of these Rule to revise the effective date of the extension for the attainment date from revisions is to address the Georgia Fuel Georgia Fuel Rule 30 ppm sulfur 2003 to 2004 resulted from a delay in Rule’s 2003 gasoline sulfur requirement from January 1, 2004, to implementation for the NO SIP Call X September 16, 2003. requirements, beginning April 1, 2003, Rule (63 FR 57356). In the 2003 through December 31, 2003, in response attainment demonstration, Georgia Clean Air Act Requirements to concerns regarding adequate gasoline relied heavily on the benefits achieved The SIP submittal, including the rule supply, and to revise associated through the NOX SIP Call measures. revision for Georgia’s low-sulfur/low- reporting and testing requirements. Originally, the Georgia Fuel Rule was RVP fuel control program, meets the Subsequently, the GAEPD submitted developed with an attainment date of requirements outlined in section 110 further revisions to the fuel rule on June 2003 as a consideration. However, when and Part D of Title I of the CAA 19, 2003, to reflect the revised effective the attainment date was extended to amendments and 40 CFR part 51 date of the sulfur content annual 2004, the GAEPD opted not to revise its (Requirements for Preparation, average of 30 ppm (by weight) and per- Georgia Fuel Rule. Adoption and Submittal of gallon cap of 150 ppm from January 1, The Georgia ‘‘necessity’’ Implementation Plans). The first 2004, to September 16, 2003. demonstration submittals contained revision to the rule was formally The requirements and compliance data and analyses to support a finding adopted by the GAEPD Board on dates associated with this rule revision under section 211(c)(4)(C) that the January 29, 2003, and became State are below:

Producer or Product importer Effective date Downstream Effective date sampling sampling

April 1 through September 15, 2003

Sulfur quarterly average ...... 90 ppm April 1 ...... N/A N/A.

Sulfur per gallon cap ...... 200 ppm April 1 ...... 230 ppm June 1. RVP ...... 7.0 psi June 1 ...... 7.3 psi June 1–Sept 15.

September 16, 2003 and beyond

Sulfur annual average ...... 30 ppm September 16, 2003 ...... N/A N/A. Sulfur per gallon cap ...... 150 ppm September 16, 2003 ...... 230 ppm (Thru March 31st). 175 ppm June 1. Seasonal sulfur per gallon cap ...... 80 ppm June 1–Sept 15 ...... 95 ppm June 1–Sept 15. RVP ...... 7.0 psi June 1–Sept. 15 ...... 7.3 psi June 1–Sept 15.

Additional revisions for this rule are Paragraph (iv) is being amended to June 1 through September 15, for the described below: clarify the beginning and ending dates,

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seasonal sulfur control which becomes slightly higher sulfur levels in future also not subject to Executive Order effective June 1, 2004. years, or they may be sold to other 13211, ‘‘Actions Concerning Regulations Paragraph 4 is being amended to refiners. A refinery that meets the That Significantly Affect Energy Supply, remove conflicting annual reporting original April 1, 2003, requirement for Distribution, or Use’’ (66 FR 28355, May language and to clarify the content and supplying Georgia low sulfur gasoline 22, 2001). This proposed action merely due date of quarterly reports required may be eligible for more sulfur credits proposes to approve state law as from each producer and importer. under EPA’s Tier 2 Gasoline Sulfur meeting Federal requirements and Paragraph 5 (iii) is being amended to Control Program than a refinery which imposes no additional requirements revise the terminal-level sampling meets the revised April 1, 2003, beyond those imposed by state law. requirements for 2003 and beyond for requirement for supplying Georgia low Accordingly, the Administrator certifies consistency with the above described sulfur gasoline. Furthermore, such a that this proposed rule will not have a changes. refinery may also be eligible for sulfur significant economic impact on a EPA is proposing to approve these allotments since allotments may be substantial number of small entities revisions to the Georgia Fuel Rule, as generated in 2003 by refineries that under the Regulatory Flexibility Act (5 requested by the GAEPD, because these produce gasoline with an average sulfur U.S.C. 601 et seq.). Because this rule revisions meet the requirements of the level that is less than or equal to 60 proposes to approve pre-existing CAA as amended in 1990. Starting ppm. For more information about EPA’s requirements under state law and does September 16, 2003, the sulfur content Tier 2 Gasoline Sulfur Control Program, not impose any additional enforceable requirements will revert back to the see EPA’s rulemaking, Control of Air duty beyond that required by state law, annual average of 30 ppm (by weight) Pollution From New Motor Vehicles: it does not contain any unfunded and the per-gallon cap of 150 ppm. EPA Tier 2 Motor Vehicle Emissions mandate or significantly or uniquely approved an attainment demonstration Standards and Gasoline Sulfur Control affect small governments, as described for Atlanta with an attainment date for Requirements, dated February 10, 2000, in the Unfunded Mandates Reform Act the 1-hour ozone NAAQS of November (65 FR 6698). of 1995 (Public Law 104–4). 15, 2004. However, due to a challenge This proposed rule also does not have to EPA’s approval of the attainment IV. Proposed Action tribal implications because it will not demonstration for metro Atlanta before EPA is proposing to approve the have a substantial direct effect on one or the United States 11th Circuit Court of revisions to the Georgia SIP described more Indian tribes, on the relationship Appeals, EPA’s approval was vacated on above because they are consistent with between the Federal Government and June 16, 2003. Atlanta’s attainment date EPA guidance and the CAA, as amended Indian tribes, or on the distribution of has reverted to the previously in 1990. EPA acknowledges that some power and responsibilities between the applicable date of 1999. Under the CAA, companies, notably BP/Amoco and Federal Government and Indian tribes, EPA is required to make a finding as to Chevron, stated in commenting upon as specified by Executive Order 13175 whether Atlanta attained the 1-hour the Georgia rule change that they had (65 FR 67249, November 9, 2000). This ozone NAAQS on November 15, 1999. made the necessary investments and action also does not have Federalism If EPA finds that Atlanta did not attain were prepared to meet the earlier April implications because it does not have the 1-hour standard in 1999, Atlanta 1, 2003, deadline for supplying substantial direct effects on the States, will be reclassified to a severe complying fuel. For example, Chevron on the relationship between the national nonattainment area by operation of law. worked pro-actively with the State of government and the States, or on the As a severe area, Atlanta’s attainment Mississippi and EPA Region 4 to distribution of power and date will be as expeditiously as develop an expedited permitting responsibilities among the various practicable but no later than November schedule to allow the necessary changes levels of government, as specified in 15, 2005. It is unknown at this time if to their Pascagoula, MS, refinery in a Executive Order 13132 (64 FR 43255, Atlanta’s severe area attainment date good faith effort to meet the original rule August 10, 1999). This action merely will be November 15, 2004, or deadlines. Although quantitative proposes to approve a state rule November 15, 2005, however, under estimates are not available, today’s implementing a Federal standard, and either scenario these revisions will not proposed action will inevitably to some does not alter the relationship or the interfere with the Atlanta area’s ability degree disadvantage companies who distribution of power and to attain the 1-hour ozone NAAQS. This made these investments with an eye to responsibilities established in the Clean rule revision will not cause a delay for meeting the original deadline as Air Act. This proposed rule also is not either a 2004 or 2005 attainment date opposed to those companies which subject to Executive Order 13045 since the original 30 ppm sulfur level delayed making the necessary ‘‘Protection of Children from will be in effect starting September 16, investments. EPA commends these Environmental Health Risks and Safety 2003, well before the November 15, companies for their commitment to Risks’’ (62 FR 19885, April 23, 1997), 2004, or November 15, 2005, attainment environmental protection and, in because it is not economically date. keeping with EPA’s policy and practice significant, as stated in the previous of encouraging early reductions, will be paragraph. Tier 2 Credit looking for ways to provide incentives In reviewing SIP submissions, EPA’s EPA notes that refineries producing for companies who comply ahead of role is to approve state choices, low sulfur gasoline with sulfur levels regulatory deadlines. provided that they meet the criteria of below a refinery’s baseline established the Clean Air Act. In this context, in the under EPA’s Tier 2 Gasoline Sulfur V. Statutory and Executive Order absence of a prior existing requirement Control Program prior to the start of this Reviews for the State to use voluntary consensus program in 2004 may generate sulfur Under Executive Order 12866 (58 FR standards (VCS), EPA has no authority credits and/or allotments which can 51735, October 4, 1993), this proposed to disapprove a SIP submission for provide economic benefits to the action is not a ‘‘significant regulatory failure to use VCS. It would thus be refinery. These sulfur credits and action’’ and therefore is not subject to inconsistent with applicable law for allotments may be used to allow the review by the Office of Management and EPA, when it reviews a SIP submission, refinery to produce gasoline with Budget. For this reason, this action is to use VCS in place of a SIP submission

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that otherwise satisfies the provisions of being taken in accordance with the b. Maintenance Demonstration the Clean Air Act. Thus, the Clean Air Act (CAA). c. Commitment to Continue Monitoring Air Quality requirements of section 12(d) of the DATES: Comments must be received on National Technology Transfer and d. Verification of Continued Attainment or before August 18, 2003. e. Contingency Plan Advancement Act of 1995 (15 U.S.C. ADDRESSES: Comments may be 2. Commitment to Submit Subsequent 272) do not apply. This proposed rule submitted either by mail or Maintenance Plan Revisions does not impose an information electronically. Written comments E. The Submittal Meets the Applicable collection burden under the provisions should be mailed to Makeba A. Morris, Requirements of Section 110 and Part D of the Paperwork Reduction Act of 1995 Chief, Air Quality Planning Branch, V. Proposed Action VI. Statutory and Executive Order Reviews (44 U.S.C. 3501 et seq.). Mailcode 3AP21 U.S. Environmental List of Subjects in 40 CFR Part 52 Protection Agency, Region III, 1650 Introduction Arch Street, Philadelphia, Pennsylvania Environmental protection, Air Under the CAA, EPA may redesignate 19103. Electronic comments should be pollution control, Intergovernmental nonattainment areas to attainment if sent either to [email protected] or relations, Nitrogen dioxide, Ozone, sufficient data are available to warrant to http://www.regulations.gov, which is Reporting and recordkeeping such changes and the area meets the an alternative method for submitting requirements, Sulfur oxides, Volatile criteria contained in section 107(d)(3) electronic comments to EPA. To submit organic compounds. (E). This includes full approval of a comments, please follow the detailed maintenance plan for the area. EPA may Authority: 42 U.S.C. 7401 et seq. instructions described in part V of the approve a maintenance plan which Supplementary Information section. Dated: July 9, 2003. meets the requirements of section 175A. Copies of the documents relevant to this A. Stanley Meiburg, On October 28, 2002, the PADEP, on action are available for public Acting Regional Administrator, Region 4. behalf of the ACHD, submitted a inspection during normal business [FR Doc. 03–18153 Filed 7–17–03; 8:45 am] redesignation request and maintenance hours at the Air Protection Division, BILLING CODE 6560–50–P plan for the Liberty Borough moderate U.S. Environmental Protection Agency, PM nonattainment area. EPA is Region III, 1650 Arch Street, 10 proposing to redesignate the Liberty Philadelphia, Pennsylvania 19103; ENVIRONMENTAL PROTECTION Borough area from nonattainment to Pennsylvania Department of AGENCY attainment of the PM NAAQS. We are Environmental Protection, Bureau of Air 10 also proposing to approve the Quality, P.O. Box 8468, 400 Market 40 CFR Parts 52 and 81 maintenance plan required under Street, Harrisburg, Pennsylvania 17105; section 175A maintenance plan. Once and Allegheny County Health [PA189–4300; FRL–7530–7] approved the maintenance plan will Department, Bureau of Environmental become part of the Pennsylvania SIP for Quality, Division of Air Quality, 301 Approval and Promulgation of Air this area. Quality Implementation Plans; 39th Street, Pittsburgh, Pennsylvania Pennsylvania; Redesignation of the 15201. I. When Was This Area Designated Liberty Borough PM10 Nonattainment FOR FURTHER INFORMATION CONTACT: Nonattainment for PM10? Area to Attainment and Approval of the Ruth E. Knapp, (215) 814–2191, or by e- On November 15, 1990, the CAA Associated Maintenance Plan mail at [email protected]. amendments were enacted. Pursuant to AGENCY: Environmental Protection SUPPLEMENTARY INFORMATION: section 107(d)(4)(B), the Liberty Agency (EPA). Throughout this document wherever Borough area in Allegheny County, ‘‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used we mean Pennsylvania was designated ACTION: Proposed rule. EPA. nonattainment by operation of law. The nonattainment designation and SUMMARY: EPA is proposing to approve Table of Contents classification as a moderate PM10 area a request from the Commonwealth of Introduction Pennsylvania to redesignate the Liberty was codified in 40 CFR part 81 on I. When Was This Area Designated November 6, 1991 (56 FR 56694). Borough area of Allegheny County, Nonattainment for PM10? Pennsylvania (the Liberty Borough area) II. What Are the Geographic Boundaries of II. What Are the Geographic from nonattainment to attainment for the PM10 Nonattainment area? Boundaries of the PM10 Nonattainment the national ambient air quality III. What Are the Criteria for Redesignation? Area? standard (NAAQS) for particulate matter IV. Does the Area Meet the Criteria for with an aerodynamic diameter less than Redesignation? The Liberty Borough nonattainment or equal to a nominal 10 microns A. The Data Shows Attainment of the PM10 area is comprised of the municipalities NAAQS in the Liberty Borough Area of Liberty Borough, the Borough of (PM10). The EPA is also proposing to B. There Is a Fully Approved SIP Under approve a maintenance plan for the Lincoln, Port Vue Borough, the Borough Section 110(k) of the CAA of Glassport and the City of Clairton. Liberty Borough area. Both the 1. Section 110 Requirements redesignation and maintenance plan 2. Part D Requirements III. What Are the Criteria for were submitted by the Pennsylvania a. Subparts 1 and 4 of part D—sections Redesignation? Department of Environmental Protection 172(c) and 189(a) (PADEP) on behalf of the Allegheny b. Subpart 1 of part D—section 176 Section 107(d)(3)(E) of the CAA County Health Department (ACHD). Conformity Provisions specifies five requirements that must be Approval of the maintenance plan, as a C. The Improvement in—Air Quality Is met to redesignate an area from Due to Permanent and Enforceable nonattainment to attainment as follows: revision to the Pennsylvania State Measures Implementation Plan (SIP), would put a D. The Maintenance Plan Satisfies Section (1) The area has attained the plan in place for maintaining the PM10 175A applicable NAAQS; standard for the next ten years in the 1. Maintenance Plan Requirements (2) The area has a fully approved SIP Liberty Borough area. This action is a. Emissions Inventory under section 110(k);

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(3) The air quality improvement is than 1.0 for that same time period. The the Act, including the requirements of permanent and enforceable; complete quality-assured data in AQS part D (relating to nonattainment). (4) The area has a fully approved from 2001 also shows that no 2. Part D Requirements maintenance plan pursuant to section exceedances were recorded. With regard 175A ; and to 2002, there have been no exceedances Part D contains general provisions (5) The area has met all relevant recorded. Therefore, the area has that apply to all nonattainment plans requirements under section 110 and part attained and continues to attain the and certain sections that apply to D of the Act. daily NAAQS. During 1998 through specific criteria pollutants. Before EPA may redesignate the Liberty Borough IV. Does the Area Meet the Criteria for 2002, the maximum annual average 3 PM nonattainment area to attainment, Redesignation? recorded at these sites was 41 ug/m . As 10 the annual standard of 50 ug/m3 is the SIP must have fulfilled the The EPA has reviewed the based on the average annual mean over applicable requirements of part D. redesignation request submitted by three years, the area has attained and Under part D, an area’s classification PADEP, on behalf of the ACHD, for the continues to attain the annual PM indicates the requirements to which it is Liberty Borough nonattainment area and 10 standard. Because the area has attained subject. Subpart 1 of part D sets forth finds that the request meets the five the daily and annual NAAQS based the basic nonattainment requirements requirements of section 107(d)(3)(E). upon the most recent three years of applicable to all nonattainment areas. A. The Data Shows Attainment of the quality-assured data available during EPA designated the Liberty Borough area as a moderate PM10 nonattainment PM10 NAAQS in the Liberty Borough preparation of the October 28, 2002 Area submittal, and continues to attain the area on November 6, 1991 (codified at 40 CFR part 81.339). Therefore, to be The ACHD and PADEP have quality- NAAQS, the first criterion of section 107(d)(3)(E) has been satisfied. The redesignated to attainment, the assured PM10 ambient air monitoring ACHD and PADEP have committed to Commonwealth must meet the data showing that the Liberty Borough applicable requirements of subpart 1 of Area has met the PM10 NAAQS. Four continue monitoring in this area in accordance with 40 CFR part 58. part D of the CAA, specifically sections monitoring sites have been operating in 172(c) and 176. Section 189(a) of the nonattainment area since 1992. Most B. There Is a Fully Approved SIP Under subpart 4 of the CAA also must be met. of the sites are located downwind of Section 110(k) of the CAA a. Subparts 1 and 4 of Part D— major industrial sources. The Lincoln Sections 172(c) and 189(a)—Subpart 1 site is located downwind of U.S. Steel 1. Section 110 Requirements of part D addresses nonattainment areas Clairton Works; the Glassport site is in general and subpart 4 addresses PM10 located downwind and east of the U.S. On January 6, 1994, the PADEP submitted an attainment plan to EPA nonattainment areas specifically. All the Steel Irvin Works; the Liberty site is relevant SIP requirements under located near the center of the consisting of an attainment demonstration and control measures for sections 172(c) and 189(a) for nonattainment area; the Clairton site is Reasonably Available Control Measures; the Liberty Borough area. On April 11, located southwest of U.S. Steel Clairton an emissions inventory; contingency 1995 (60 FR 18385), EPA proposed to Works. The redesignation request is measures; and an attainment approve the January 1994 attainment based upon the three most recent years demonstration were met by plan submittal as well as two SIP of quality-assured PM10 air monitoring Pennsylvania and approved on June 12, revisions related to PM that had been data (1998 -2000) available during 10 1996 (61 FR 29664) and September 8, previously submitted by the preparation of the October 28, 2002 1998 ( 63 FR 47434). The Federal Commonwealth. After EPA’s April 11, submittal. The PM10 NAAQS includes requirements for new source review 1995 proposal to approve the attainment both a daily and an annual standard. An (NSR) in nonattainment areas are plan was published in the Federal area is attaining the daily and annual contained in section 172(c)(5). EPA NAAQS if there are no violations, as Register, the PADEP reported that the guidance indicates the permitting determined in accordance with 40 CFR PM10 NAAQS had been exceeded twice requirements of the part D NSR program part 50.6 and Appendix K, based upon in March of 1995. These exceedances for new major sources and major three complete consecutive calendar raised concerns about the attainment modifications shall be replaced by the years of quality-assured monitoring demonstration. Therefore, while EPA prevention of significant deterioration data. The daily standard is met if the did take final action to approve the (PSD) program’s permitting expected frequency of values above 150 control measures portion of the requirements when an area has reached ug/m3 is 1.0 or less. The data must be attainment plan on June 12, 1996 (61 FR attainment and been redesignated, collected and quality-assured in 29664), EPA took no action on the provided that the PSD program will be accordance with 40 CFR part 58, and modeled attainment demonstration fully effective immediately upon recorded in the Aerometric Information portion of the attainment plan at that redesignation. The ACHD was originally Retrieval System (AIRS). Subsequently time. Contingency measures for the delegated the authority to implement the data was reported into EPA’s new Liberty Borough area were formally and enforce the provisions of 40 CFR ambient air quality data system known submitted to EPA on July 12, 1995. On 52.21, on behalf of EPA, on December as the Air Quality Subsystem (AQS). September 8, 1998, EPA fully approved 14, 1983 (48 FR 55625). The ACHD the attainment demonstration and The submittal included PM10 adopted the PSD requirements monitoring data from 1992 through contingency measures for the Liberty promulgated in 40 CFR 52.21, 2000. The redesignation request is based Borough area ( 63 FR 47434) and made incorporating them by reference in its on the most recent data from 1998 a formal finding that the area had regulations as provided in Article XXI, through 2000. This data has been attained the PM10 NAAQS (63 FR section 2102.07. On March 26, 2003, quality-assured and recorded in AQS. 47493). EPA renewed the ACHD’s existing During the 1998 to 2000 time period, Therefore, the PM10 SIP for the delegation to implement and enforce the there were no actual exceedances of the Liberty Borough area has been fully provisions of 40 CFR 52.21 as well as daily standard, and the average annual approved by EPA as meeting all the any future revisions to these regulations number of expected exceedances is less requirements of section 110(a)(2)(I) of (68 FR 14617). Therefore, the permitting

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requirements of the PSD program will and the modeled demonstration of (1) An emissions inventory reflective become fully effective in the Liberty attainment performed. The following of PM10 emissions in the monitored Borough area immediately upon sources of PM10 emissions have attainment years; redesignation to attainment. shutdown: U.S. Steel Clairton Boilers 13 (2) A maintenance demonstration b. Subpart 1 of Part D—Section 176 & 14; Duquesne Light (Orion Power), which is expected to provide adequate Conformity Provisions—The Liberty Philips (all boilers/processors); LTV assurance of maintenance over the Borough area was not required to have Steel, Hazelwood (all boilers/ initial 10-year period; a transportation conformity budget for processors); and McGraw Edison, (3) A commitment to continue PM10. It was determined that the Canonsburg ( all boilers/processes). The monitoring in the area; significant causes of nonattainment in additional emission reductions resulting (4) A method for verifying continued this area were emissions from steel and from these shutdowns are permanent attainment; and coke facilities in the area and not from and enforceable given that any (5) A contingency plan with specific mobile sources. The PM10 emissions reactivation of these facilities would be indicators or triggers for implementation from public roads are less than 3% of subject to applicable new source review of the plan. the attainment emissions inventory for requirements. 1. Maintenance Plan Requirements the Liberty Borough area. Because the The October 28, 2002 redesignation a. Emissions Inventory—The PM10 violations had been caused by request demonstrates that actual industrial stationary sources and motor enforceable emission reductions are maintenance plan includes the1994 vehicles were not an important responsible for the air quality emission inventory used to perform the contributor to the nonattainment improvement in the Liberty Borough modeling demonstration of attainment problem, for conformity purposes no area. EPA finds that the emission and updates that inventory for 1999. additional quantitative analysis for reductions due to the SIP-approved Emissions declined between 1994 and 1999 in the Liberty Borough area due to transportation related PM10 impacts is control measures and emission required. While Section 176 provides limitations imposed by the 1994 the previously described shutdowns. that a State’s conformity revisions must attainment plan and the emission Any future increases in emissions and/ be consistent with Federal Conformity reductions due to permanent and or significant changes to the stack regulations promulgated by EPA, given enforceable shutdowns have reduced configurations/parameters from those modeled in the attainment the nature of the area’s former the ambient levels of PM10 such that the nonattainment problem, it is reasonable Liberty Borough area attained the demonstration due to new or modifying to interpret those conformity NAAQS and continues to attain the stationary sources would be subject to requirements as not applying for NAAQS. new source review requirements purposes of evaluating the redesignation including a demonstration that the D. The Maintenance Plan Satisfies request. NAAQS is protected. Section 175A b. Maintenance Demonstration—Steel C. The Improvement in Air Quality Is Section 175A of the Act sets forth the and coke facilities were the main cause Due to Permanent and Enforceable necessary elements of a maintenance of nonattainment in the area. The Measures plan needed for areas seeking attainment demonstration was based In order to redesignate an area, EPA redesignation from nonattainment to upon maximum allowable emission must determine that the improvement in attainment. The plan must demonstrate levels for stationary sources impacting air quality is due to permanent and continued attainment of the applicable the nonattainment area. The PM10 enforceable reductions in emissions NAAQS for at least 10 years after the emissions from public roads were less resulting from implementation of the EPA approves a redesignation to than 3% of the emission inventory applicable implementation plan and attainment. Eight years after the therefore no conformity budget is in applicable Federal air pollutant control redesignation, a revised maintenance place for Allegheny County. Population regulations and other permanent and plan must be submitted which has steadily decreased in the county enforceable reductions. The demonstrates attainment for the 10 years since 1990 and this decline is expected Commonwealth’s approved 1994 PM10 following the initial 10-year period. To to continue through 2020. Therefore, SIP for the Liberty Borough area address potential future NAAQS other sources of emissions related to identified measures to bring the area violations, the maintenance plan must population are expected to decline. into attainment. These measures contain contingency measures, with a Employment in manufacturing is included emission standards and schedule for implementation adequate expected to decrease significantly operating restrictions for various to assure prompt correction of any air between 2002–2020. As a result of these sources of PM10 especially steel and quality problems. Under section factors, PM10 emissions are expected to coke facilities. Included among the 175A(d) contingency provisions must remain below the emission levels used facilities that were required to include a requirement that the State will to demonstrate attainment for the next implement additional controls are U.S. implement all control measures that 10 years and the area is expected to Steel Clairton Works (formerly USX), were in the SIP prior to redesignation as maintain the PM10 NAAQS for the next U.S. Steel Irvin Works, Aristech an attainment area. 10 years. Moreover, as noted previously, (Koppers) Chemical, and the Glassport EPA is proposing to approve the any future increases in emissions and/ Transportation Center. Additional maintenance plan for the Liberty or significant changes to the stack emission limitations were also imposed Borough nonattainment area because configurations/parameters from those for the coke ovens and coke oven gases EPA finds that the submittal meets the modeled in the attainment at U.S. Steel Clairton Works, Irvin requirements of section 175A. The demonstration due to new or modifying Works, the Edgar Thompson Works as details of the maintenance plan stationary sources would be subject to well as LTV Steel. requirements and how the submittal new source review requirements In addition to the emission reductions meets these requirements are detailed in including a demonstration that the discussed above, other reductions have the following paragraphs. A NAAQS is protected. occurred since the attainment maintenance plan must contain the c. Commitment to Continue demonstration inventory was prepared following elements: Monitoring Air Quality—The

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maintenance plan includes methods, systems and procedures comment. Also include this contact commitments to continue to operate and necessary to monitor ambient air information on the outside of any disk maintain the network of ambient PM10 quality, implementation of a permit or CD ROM you submit, and in any monitoring stations in the Liberty program, provisions for part C, cover letter accompanying the disk or Borough area in accordance with Prevention of Significant Deterioration CD ROM. This ensures that you can be provisions of 40 CFR part 58 to (PSD), and part D, New Source Review identified as the submitter of the demonstrate ongoing attainment with (NSR) permit programs, criteria for comment and allows EPA to contact you the PM10 NAAQS. stationary source emission control in case EPA cannot read your comment d. Verification of Continued measures, monitoring and reporting, due to technical difficulties or needs Attainment—In addition to reviewing and provisions for public and local further information on the substance of monitoring data in the Liberty Borough agency participation. For the purposes your comment. EPA’s policy is that EPA area to verify continued attainment, the of redesignation, the Pennsylvania SIP will not edit your comment, and any ACHD will continue to examine the air was reviewed to ensure that all identifying or contact information quality impact of any new major sources requirements under the amended CAA provided in the body of a comment will or modifications through its PSD were satisfied through approved SIP be included as part of the comment that program to insure protection of the provisions for the Liberty Borough area. is placed in the official public docket, NAAQS. Furthermore, the air quality EPA has concluded that the and made available in EPA’s electronic impacts of new minor sources or Commonwealth’s SIP for the Liberty public docket. If EPA cannot read your modifications resulting in any increases Borough nonattainment area satisfies all comment due to technical difficulties in emissions and/or significant changes of the Section 110 SIP requirements. As and cannot contact you for clarification, to the stack configurations/parameters discussed previously in section IV. B. 2. EPA may not be able to consider your from those modeled in the attainment of this document, all applicable part D comment. demonstration would be evaluated to requirements have been satisfied. 1. E-mail. Comments may be sent by assure protection and maintenance of electronic mail (e-mail) to the NAAQS in the area. V. Proposed Action [email protected], attention e. Contingency Plan—The EPA review of the redesignation PA189–4300. EPA’s e-mail system is not contingency measures for the Liberty request and maintenance plan for the an ‘‘anonymous access’’ system. If you Borough area will be triggered upon a Liberty Borough moderate PM10 send an e-mail comment directly violation of the PM10 standard, and the nonattainment area submitted on without going through Regulations.gov, ACHD will notify effected sources October 28, 2002 by the PADEP, on EPA’s e-mail system automatically within 60 days of a violation that behalf of the ACHD, indicates that all captures your e-mail address. E-mail contingency measures must be requirements for approval have been addresses that are automatically implemented. The same contingency satisfied. EPA is, therefore, proposing to captured by EPA’s e-mail system are measures that were approved on redesignate the Liberty Borough area included as part of the comment that is September 8, 1998 (63 FR 47434) for the from nonattainment to attainment of the placed in the official public docket, and attainment demonstration are being PM10 NAAQS. We are also proposing to made available in EPA’s electronic used as contingency measures for the approve the maintenance plan required public docket. maintenance plan. These measures under section 175A as a revision to the 2. Regulations.gov. Your use of require that procedures to capture Pennsylvania SIP for this area. EPA has Regulations.gov is an alternative method pushing emissions from the coke prepared a Technical Support of submitting electronic comments to batteries at U.S. Steel Clairton Works be Document (TSD) in support of this EPA. Go directly to http:// improved (except for emissions from proposed rulemaking. Copies are www.regulations.gov, then select Battery B which is equipped with a available, upon request, from the person ‘‘Environmental Protection Agency’’ at coke-side shed). The measures must be identified in the FOR FURTHER the top of the page and use the ‘‘go’’ implemented at the batteries within 30 INFORMATION CONTACT section. EPA is button. The list of current EPA actions days after receiving notification from soliciting public comment on the issues available for comment will be listed. ACHD that the measures were triggered. discussed in this document. These Please follow the online instructions for 2. Commitment To Submit comments will be considered before submitting comments. The system is an Subsequent Maintenance Plan Revisions taking final action. Interested parties ‘‘anonymous access’’ system, which A new maintenance plan must be may participate in the Federal means EPA will not know your identity, submitted to EPA, as a SIP revision, rulemaking procedure by submitting e-mail address, or other contact within eight years of the redesignation either electronic or written comments. information unless you provide it in the of the nonattainment area, as required To ensure proper receipt by EPA, body of your comment. by section 175(A)(b). This subsequent identify the appropriate rulemaking 3. Disk or CD ROM. You may submit maintenance plan must provide for the identification number PA189–4300 in comments on a disk or CD ROM that maintenance of the PM10 NAAQS for a the subject line on the first page of your you mail to the mailing address period of 10 years after the expiration of comment. Please ensure that your identified in the ADDRESSES section of the initial 10 year maintenance period. comments are submitted within the this document. These electronic specified comment period. Comments submissions will be accepted in E. The Submittal Meets the Applicable received after the close of the comment WordPerfect, Word or ASCII file format. Requirements of Section 110 and Part D period will be marked ‘‘late.’’ EPA is not Avoid the use of special characters and General SIP elements are delineated required to consider these late any form of encryption. in section 110(a)(2) of Title I, part A. comments. B. By Mail. Written comments should These requirements include but are not A. Electronically. If you submit an be addressed to the EPA Regional office limited to the following: submittal of a electronic comment as prescribed listed in the ADDRESSES section of this SIP that has been adopted by the state below, EPA recommends that you document. For public commenters, it is after reasonable notice and public include your name, mailing address, important to note that EPA’s policy is hearing, provisions for establishment and an e-mail address or other contact that public comments, whether and operation of appropriate apparatus, information in the body of your submitted electronically or in paper,

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will be made available for public (7) Make sure to submit your 19885, April 23, 1997), because it is not viewing at the EPA Regional Office, as comments by the comment period economically significant. EPA receives them and without change, deadline identified. In reviewing SIP submissions, EPA’s unless the comment contains (8) To ensure proper receipt by EPA, role is to approve state choices, copyrighted material, CBI, or other identify the appropriate regional file/ provided that they meet the criteria of information whose disclosure is rulemaking identification number in the the Clean Air Act. In this context, in the restricted by statute. When EPA subject line on the first page of your absence of a prior existing requirement identifies a comment containing response. It would also be helpful if you copyrighted material, EPA will provide for the State to use voluntary consensus provided the name, date, and Federal standards (VCS), EPA has no authority a reference to that material in the Register citation related to your to disapprove a SIP submission for version of the comment that is placed in comments. the official public rulemaking file. The failure to use VCS. It would thus be entire printed comment, including the VI. Statutory and Executive Order inconsistent with applicable law for copyrighted material, will be available Reviews EPA, when it reviews a SIP submission, at the Regional Office for public Under Executive Order 12866 (58 FR to use VCS in place of a SIP submission inspection. 51735, October 4, 1993), this proposed that otherwise satisfies the provisions of the Clean Air Act. Thus, the Submittal of CBI Comments action is not a ‘‘significant regulatory action’’ and therefore is not subject to requirements of section 12(d) of the Do not submit information that you review by the Office of Management and National Technology Transfer and consider to be CBI electronically to EPA. Budget. For this reason, this action is Advancement Act of 1995 (15 U.S.C. You may claim information that you also not subject to Executive Order 272 note) do not apply. As required by submit to EPA as CBI by marking any 13211, ‘‘Actions Concerning Regulations section 3 of Executive Order 12988 (61 part or all of that information as CBI (if That Significantly Affect Energy Supply, FR 4729, February 7, 1996), in issuing you submit CBI on disk or CD ROM, Distribution, or Use’’ (66 FR 28355 (May this proposed rule, EPA has taken the mark the outside of the disk or CD ROM 22, 2001)). This action merely proposes necessary steps to eliminate drafting as CBI and then identify electronically to approve state law as meeting Federal errors and ambiguity, minimize within the disk or CD ROM the specific requirements and imposes no additional potential litigation, and provide a clear information that is CBI). Information so requirements beyond those imposed by legal standard for affected conduct. EPA marked will not be disclosed except in state law. Accordingly, the has complied with Executive Order accordance with procedures set forth in Administrator certifies that this 12630 (53 FR 8859, March 15, 1988) by 40 CFR Part 2. In addition to one proposed rule will not have a significant examining the takings implications of complete version of the comment that economic impact on a substantial the rule in accordance with the includes any information claimed as number of small entities under the CBI, a copy of the comment that does ‘‘Attorney General’s Supplemental Regulatory Flexibility Act (5 U.S.C. 601 Guidelines for the Evaluation of Risk not contain the information claimed as et seq.). Because this rule proposes to CBI must be submitted for inclusion in and Avoidance of Unanticipated approve pre-existing requirements Takings’ issued under the executive the official public regional rulemaking under state law and does not impose order. file. If you submit the copy that does not any additional enforceable duty beyond contain CBI on disk or CD ROM, mark that required by state law, it does not This proposed rule to Liberty Borough the outside of the disk or CD ROM contain any unfunded mandate or PM10 nonattainment area to attainment clearly that it does not contain CBI. significantly or uniquely affect small and to approve the maintenance plan Information not marked as CBI will be governments, as described in the does not impose an information included in the public file and available Unfunded Mandates Reform Act of 1995 collection burden under the provisions for public inspection without prior (Public Law 104–4). This proposed rule of the Paperwork Reduction Act of 1995 notice. If you have any questions about also does not have a substantial direct (44 U.S.C. 3501 et seq.). CBI or the procedures for claiming CBI, effect on one or more Indian tribes, on please consult the person identified in the relationship between the Federal List of Subjects the FOR FURTHER INFORMATION CONTACT Government and Indian tribes, or on the 40 CFR Part 52 section. distribution of power and Considerations When Preparing responsibilities between the Federal Environmental protection, Air Comments to EPA Government and Indian tribes, as pollution control, Intergovernmental specified by Executive Order 13175 (65 relations, Particulate matter, Reporting You may find the following FR 67249, November 9, 2000), nor will and recordkeeping requirements. suggestions helpful for preparing your it have substantial direct effects on the comments: States, on the relationship between the 40 CFR Part 81 (1) Explain your views as clearly as national government and the States, or possible. Air pollution control, National parks, on the distribution of power and Wilderness areas. (2) Describe any assumptions that you responsibilities among the various used. levels of government, as specified in Authority: 42 U.S.C. 7401 et seq. (3) Provide any technical information Executive Order 13132 (64 FR 43255, Dated: July 11, 2003. and/or data you used that support your August 10, 1999), because it merely Donald S. Welsh, views. proposes to approve a state rule Regional Administrator, Region III. (4) If you estimate potential burden or implementing a Federal standard, and costs, explain how you arrived at your does not alter the relationship or the [FR Doc. 03–18294 Filed 7–17–03; 8:45 am] estimate. distribution of power and BILLING CODE 6560–50–P (5) Provide specific examples to responsibilities established in the Clean illustrate your concerns. Air Act. This proposed rule also is not (6) Offer alternatives. subject to Executive Order 13045 (62 FR

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ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: Inc., will receive hand-delivered or AGENCY Narindar Kumar, Chief, RCRA Programs messenger-delivered paper filings for Branch, Waste Management Division, the Commission’s Secretary at 236 40 CFR Part 271 U.S. Environmental Protection Agency, Massachusetts Avenue, NE., Suite 110, The Sam Nunn Atlanta Federal Center, Washington, DC 20002. The filing hours [FRL–7531–1] 61 Forsyth Street, SW, Atlanta, Georgia at this location are 8 a.m. to 7 p.m. All 30303–8960; (404) 562–8440. hand deliveries must be held together Georgia: Final Authorization of State SUPPLEMENTARY INFORMATION: For with rubber bands or fasteners. Any Hazardous Waste Management additional information, please see the envelopes must be disposed of before Program Revision immediate final rule published in the entering the building. Commercial ‘‘Rules and Regulations’’ section of this overnight mail (other than U.S. Postal AGENCY: Environmental Protection Federal Register. Service Express Mail and Priority Mail) Agency (EPA). must be sent to 9300 East Hampton Dated: July 2, 2003. ACTION: Proposed rule. Drive, Capitol Heights, MD 20743. U.S. A. Stanley Meiburg, Postal Service first-class mail, Express SUMMARY: Georgia has applied to EPA Acting Regional Administrator, Region 4. Mail, and Priority Mail should be for Final authorization of the changes to [FR Doc. 03–18296 Filed 7–17–03; 8:45 am] addressed to 445 12th Street, SW., its hazardous waste program under the BILLING CODE 6560–50–P Washington, DC 20554. All filings must Resource Conservation and Recovery be addressed to the Commission’s Act (RCRA). EPA proposes to grant final Secretary, Office of the Secretary, authorization to Georgia. In the ‘‘Rules FEDERAL COMMUNICATIONS Federal Communications Commission, and Regulations’’ section of this Federal COMMISSION Washington, DC 20554. In addition to Register, EPA is authorizing the changes filing comments with the FCC, by an immediate final rule. EPA did not 47 CFR Part 73 interested parties should serve the make a proposal prior to the immediate petitioner, or its counsel or consultant, final rule because we believe this action [DA 03–2186, MB Docket No. 03–156, RM– 10721] as follows: Dennis P. Corbett, Leventhal is not controversial and do not expect Senter & Lerman PLLC, 2000 K Street, comments that oppose it. We have Digital Television Broadcast Service; NW., Suite 600, Washington, DC 20006– explained the reasons for this Laredo, TX 1809 (Counsel for Eagle Creek authorization in the preamble to the Broadcasting of Laredo, LLC). immediate final rule. Unless we get AGENCY: Federal Communications written comments which oppose this Commission. FOR FURTHER INFORMATION CONTACT: Pam authorization during the comment ACTION: Proposed rule. Blumenthal, Media Bureau, (202) 418– period, the immediate final rule will 1600. become effective on the date it SUMMARY: The Commission requests SUPPLEMENTARY INFORMATION: This is a establishes, and we will not take further comments on a petition filed by Eagle synopsis of the Commission’s Notice of action on this proposal. If we get Creek Broadcasting of Laredo, LLC, Proposed Rule Making, MB Docket No. comments that oppose this action, we requesting the substitution of DTV 03–156, adopted July 2, 2003, and will withdraw the immediate final rule channel 31 for DTV channel 14 at released July 7, 2003. The full text of and it will not take effect. We will then Laredo, Texas. DTV Channel 31 can be this document is available for public respond to public comments in a later allotted to Laredo at reference inspection and copying during regular final rule based on this proposal. You coordinates 27–31–19 N. and 99–31–19 business hours in the FCC Reference may not have another opportunity for W. with a power of 200, a height above Information Center, Portals II, 445 12th comment. If you want to comment on average terrain HAAT of 262 meters. Street, SW., Room CY–A257, this action, you must do so at this time. Since the community of Laredo is Washington, DC, 20554. This document DATES: Send your written comments by located within 275 kilometers of the may also be purchased from the August 18, 2003. U.S.-Mexican border, concurrence from Commission’s duplicating contractor, the Mexican government must be Qualex International, Portals II, 445 ADDRESSES: Send written comments to obtained for this allotment. Narindar Kumar, Chief, RCRA Programs 12th Street, SW., Room CY–B402, Branch, Waste Management Division, DATES: Comments must be filed on or Washington, DC 20554, telephone 202– U.S. Environmental Protection Agency, before August 28, 2003, and reply 863–2893, facsimile 202–863–2898, or The Sam Nunn Atlanta Federal Center, comments on or before September 15, via-e-mail [email protected]. 61 Forsyth Street, SW, Atlanta, Georgia 2003. Provisions of the Regulatory 30303–8960; (404) 562–8440. You can ADDRESSES: The Commission permits Flexibility Act of 1980 do not apply to examine copies of the materials the electronic filing of all pleadings and this proceeding. submitted by Georgia during normal comments in proceeding involving Members of the public should note business hours at the following petitions for rule making (except in that from the time a Notice of Proposed locations: EPA Region 4 Library, The broadcast allotment proceedings). See Rule Making is issued until the matter Sam Nunn Atlanta Federal Center, 61 Electronic Filing of Documents in Rule is no longer subject to Commission Forsyth Street, SW, Atlanta, Georgia Making Proceedings, GC Docket No. 97– consideration or court review, all ex 30303–8960, Phone number: (404) 562– 113 (rel. April 6, 1998). Filings by paper parte contacts are prohibited in 8190, Kathy Piselli, Librarian; or The can be sent by hand or messenger Commission proceedings, such as this Georgia Department of Natural delivery, by commercial overnight one, which involve channel allotments. Resources Environmental Protection courier, or by first-class or overnight See 47 CFR 1.1204(b) for rules Division, 2, Martin Luther King, Jr., U.S. Postal Service mail (although we governing permissible ex parte contacts. Drive, Suite 1154 East, Atlanta Georgia continue to experience delays in For information regarding proper 30334-4910, Phone number: 404–656– receiving U.S. Postal Service mail). The filing procedures for comments, see 47 7802. Commission’s contractor, Vistronix, CFR 1.415 and 1.420.

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List of Subjects in 47 CFR Part 73 ADDRESSES: Federal Communications 261A at Montauk are 41–03–13 North Digital television broadcasting, Commission, 445 Twelfth Street, SW., Latitude and 71–52–43 West Longitude. Television. Washington, DC 20554. In addition to Provisions of the Regulatory For the reasons discussed in the filing comments with the FCC, Flexibility Act of 1980 do not apply to preamble, the Federal Communications interested parties should serve the this proceeding. Commission proposes to amend 47 CFR petitioner, his counsel, or consultant, as Members of the public should note Part 73 as follows: follows: Charles Crawford, 4553 that from the time a Notice of Proposed Bordeaux Avenue, Dallas, TX 75205, Rule Making is issued until the matter PART 73—RADIO BROADCAST Dan J. Alpert, Esq, c/o Garfield-Mesa is no longer subject to Commission SERVICES County Line Broadcasters, 2120 N. 21st consideration or court review, all ex Road, Arlington, VA 22201, and Dana J. parte contacts are prohibited in 1. The authority citation for part 73 Puopolo, 2134 Oak Street, Unit C, Santa Commission proceedings, such as this continues to read as follows: Monica, CA 90405. one, which involve channel allotments. Authority: 47 U.S.C. 154, 303, 334 and 336. FOR FURTHER INFORMATION CONTACT: See 47 CFR 1.1204(b) for rules governing permissible ex parte contact. § 73.622 [Amended] Rolanda F. Smith, Media Bureau, (202) 418–2180. For information regarding proper 2. Section 73.622(b), the Table of filing procedures for comments, see 47 Digital Television Allotments under SUPPLEMENTARY INFORMATION: This is a CFR 1.415 and 1.420. Texas is amended by removing DTV synopsis of the Commission’s Notice of channel 14 and adding DTV channel 31 Proposed Rule Making, MB Docket Nos. List of Subjects in 47 CFR Part 73 at Laredo. 03–153, 03–154, 03–155, adopted July 1, Radio, Radio broadcasting. Federal Communications Commission. 2003 and released July 3, 2003. The full For the reasons discussed in the Barbara A. Kreisman, text of this Commission decision is preamble, the Federal Communications Chief, Video Division, Media Bureau. available for inspection and copying Commission proposes to amend 47 CFR [FR Doc. 03–18148 Filed 7–17–03; 8:45 am] during regular business hours at the Part 73 as follows: FCC’s Reference Information Center, BILLING CODE 6712–01–P Portals II, 445 Twelfth Street, SW, Room PART 73—RADIO BROADCAST CY-A257, Washington, DC 20554. The SERVICES FEDERAL COMMUNICATIONS complete text of this decision may also 1. The authority citation for part 73 COMMISSION be purchased from the Commission’s duplicating contractor, Qualex continues to read as follows: 47 CFR Part 73 International, Portals II, 445 12th Street, Authority: 47 U.S.C. 154, 303, 334 and 336. SW, Room CY–B402, Washington, DC [DA 03–2104; MB Docket No. 03–153, RM– § 73.202 [Amended] 10727; MB Docket No. 03–154, RM–10736; 20554, telephone 202–863–2893, MB Docket No. 03–155, RM–10735] facsimile 202–863–2898, or via e-mail 2. Section 73.202(b), the Table of FM [email protected]. Allotments under Colorado, is amended Radio Broadcasting Services; Bangs, The Audio Division requests by adding De Beque, Channel 275C3. TX, De Beque, CO, Montauk, NY comments on a petition filed by 3. Section 73.202(b), the Table of FM Garfield-Mesa County Line Broadcasters Allotments under New York, is AGENCY: Federal Communications amended by adding Channel 261A at Commission. proposing the allotment of Channel 275C3 at De Beque, CO, as the Montauk. ACTION: Proposed rule. community’s first local aural 4. Section 73.202(b), the Table of FM Allotments under Texas, is amended by SUMMARY: This document proposes three transmission service. Channel 275C3 adding Bangs, Channel 250C3. new allotments in Bangs, Texas, De can be allotted to De Beque in Beque, Colorado, and Montauk, New compliance with the Commission’s Federal Communications Commission. York. The Audio Division requests minimum distance separation John A. Karousos, comment on a petition filed by Charles requirements with a site restriction of Assistant Chief, Audio Division, Media Crawford proposing the allotment of 7.1 kilometers (4.4 miles) northwest to Bureau. Channel 250C3 at Bangs, Texas, as the avoid a short-spacing to the license site [FR Doc. 03–18231 Filed 7–17–03; 8:45 am] community’s first local aural of Station KPRU, Channel 277C2, Delta, BILLING CODE 6712–01–P transmission service. Channel 250C3 CO. The reference coordinates for can be allotted to Bangs in compliance Channel 275C3 at De Beque are 39–22– with the Commission’s minimum 36 North Latitude and 108–16–33 West FEDERAL COMMUNICATIONS distance separation requirements with a Longitude. COMMISSION site restriction of 11.9 kilometers (7.4 The Audio Division requests miles) west to avoid a short-spacing to comments on a petition filed by Dana J. 47 CFR Part 73 the license sites of Station KATX, Puopolo proposing the allotment of [DA 03–2093; MB Docket No. 03–143, RM– Channel 249A, Eastland, Texas and Channel 261A at Montauk, New York, 10726; MB Docket No. 03–144, RM–10733; Station KBFB, Channel 250C, Dallas, as the community’s third local aural MB Docket No. 03–145, RM–10730; MB Texas. The reference coordinates for transmission service. Channel 261A can Docket No. 03–146, RM–10728] Channel 250C3 at Bangs are 31–41–32 be allotted to Montauk in compliance North Latitude and 99–15–17 West with the Commission’s minimum Radio Broadcasting Services; Cove, Longitude. See Supplementary distance separation requirements with a AR, Gunnison, CO, Ridgecrest, CA, Information, infra. site restriction of 6.7 kilometers (4.2 Robert Lee, TX DATES: Comments must be filed on or miles) east to avoid a short-spacing to AGENCY: Federal Communications before August 25, 2003, and reply the license site of Station WEZN–FM, Commission. comments on or before September 9, Channel 260B, Bridgeport, Connecticut. ACTION: Proposed rule. 2003. The reference coordinates for Channel

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SUMMARY: This document proposes four can be allotted to Gunnison in PART 73—RADIO BROADCAST new allotments in Cove, Arkansas, compliance with the Commission’s SERVICES Gunnison, Colorado, Ridgecrest, minimum distance separation California, and Robert Lee, Texas. The requirements with a site restriction of 1. The authority citation for part 73 Audio Division requests comment on a 19.5 kilometers (12.1 miles) northeast to continues to read as follows: petition filed by Charles Crawford avoid a short-spacing to the license site Authority: 47 U.S.C. 154, 303, 334 and 336. proposing the allotment of Channel of Station KBKL, Channel 300C, Grand § 73.202 [Amended] 232A at Cove, Arkansas, as the Junction, CO. The reference coordinates community’s first local aural for Channel 299C3 at Gunnison are 38– 2. Section 73.202(b), the Table of FM transmission service. Channel 232A can 40–48 North Latitude and 106–46–48 Allotments under Arkansas, is amended be allotted to Cove in compliance with West Longitude. by adding Cove, Channel 232A. the Commission’s minimum distance 3. Section 73.202(b), the Table of FM The Audio Division requests Allotments under California, is separation requirements with a site comments on a petition filed by Linda restriction of 14.9 kilometers (9.2 miles) amended by adding Channel 229A at D. Davidson proposing the allotment of Ridgecrest. southwest to avoid a short-spacing to Channel 229A at Ridgecrest, CA, as the the license site of Station KOLX, 4. Section 73.202(b), the Table of FM community’s third FM local aural Allotments under Colorado, is amended Channel 233C2, Barling, AR. The transmission service. Channel 229A can reference coordinates for Channel 232A by adding Channel 299C3 at Gunnison. be allotted to Ridgecrest in compliance 5. Section 73.202(b), the Table of FM at Cove are 34–22–17 North Latitude with the Commission’s minimum and 94–33–12 West Longitude. See Allotments under Texas, is amended by distance separation requirements at city adding Robert Lee, Channel 289A. Supplementary Information, infra. reference coordinates. The reference DATES: Comments must be filed on or coordinates for Channel 229A at Federal Communications Commission. before August 22, 2003, and reply Ridgecrest are 35–37–30 North Latitude John A. Karousos, comments on or before September 8, and 117–40–12 West Longitude. Assistant Chief, Audio Division, Media 2003. Bureau. The Audio Division requests ADDRESSES: Federal Communications comments on a petition filed by [FR Doc. 03–18227 Filed 7–17–03; 8:45 am] Commission, 445 Twelfth Street, SW., Katherine Pyeatt proposing the BILLING CODE 6712–01–P Washington, DC 20554. In addition to allotment of Channel 289A at Robert filing comments with the FCC, Lee, Texas, as the community’s first FEDERAL COMMUNICATIONS interested parties should serve the local aural transmission service. COMMISSION petitioner, his counsel, or consultant, as Channel 289A can be allotted to Robert follows: Charles Crawford, 4553 Lee in compliance with the 47 CFR Part 73 Bordeaux Avenue, Dallas, TX 75205, Commission’s minimum distance Dana J. Puopolo, 2134 Oak Street, Unit separation requirements with a site [DA 03–2092; MB Docket No. 03–147, RM– C, Santa Monica, CA 90405, Linda A. restriction of 14.3 kilometers (8.9 miles) 10722; MB Docket No. 03–148, RM–10724 MB Docket No. 03–149, RM–10725] Davidson, 2134 Oak Street, Unit C, north to avoid a short-spacing to the Santa Monica, CA 90405, and Katherine vacant allotment site of Channel 289C1, Pyeatt, 6655 Aintree Circle, Dallas, TX Radio Broadcasting Services; Barstow, Ozona, Texas. The coordinates for CA; Grapeland, TX; Newcastle, TX 75214. Channel 289A at Robert Lee are 32–00– FOR FURTHER INFORMATION CONTACT: 56 North Latitude and 100–26–20 West AGENCY: Federal Communications Rolanda F. Smith, Media Bureau, (202) Longitude. Since Robert Lee is located Commission. 418–2180. within 320 kilometers (199 miles) of the ACTION: Proposed rule. SUPPLEMENTARY INFORMATION: This is a U.S.-Mexican border, concurrence of the synopsis of the Commission’s Notice of Mexican government has been SUMMARY: This document proposes three Proposed Rule Making, MB Docket Nos. requested. Provisions of the Regulatory allotments to Barstow, CA; Grapeland, 03–143, 03–144, 03–145, 03–146, Flexibility Act I of 1980 do not apply to TX; and Newcastle, TX. The Audio adopted June 30, 2003 and released July this proceeding. Division requests comments on a petition filed by Linda A. Davidson 1, 2003. The full text of this Members of the public should note proposing the allotment of Channel Commission decision is available for that from the time a Notice of Proposed 267A at Barstow, California, as the inspection and copying during regular Rule Making is issued until the matter community’s third local FM business hours at the FCC’s Reference is no longer subject to Commission transmission service. Channel 267A can Information Center, Portals II, 445 consideration or court review, all ex be allotted to Barstow in compliance Twelfth Street, SW., Room CY–A257, parte contacts are prohibited in with the Commission’s minimum Washington, DC 20554. The complete Commission proceedings, such as this distance separation requirements at city text of this decision may also be one, which involve channel allotments. reference coordinates. The coordinates purchased from the Commission’s See 47 CFR 1.1204(b) for rules for Channel 267A are 34–53–55 North duplicating contractor, Qualex governing permissible ex parte contact. International, Portals II, 445 12th Street, Latitude and 117–01–19 West For information regarding proper SW., Room CY–B402, Washington, DC, Longitude. Since Barstow is located filing procedures for comments, see 47 20554, telephone 202–863–2893, within 320 kilometers (199 miles) of the CFR 1.415 and 1.420. facsimile 202–863–2898, or via e-mail U.S.-Mexican border, concurrence of the [email protected]. List of Subjects in 47 CFR Part 73 Mexican government has been The Audio Division requests requested. See Supplementary comments on a petition filed by Dana J. Radio, Radio broadcasting. Information, infra. Puopolo proposing the allotment of For the reasons discussed in the DATES: Comments must be filed on or Channel 299C3 at Gunnison, CO, as the preamble, the Federal Communications before August 22, 2003, and reply community’s fourth local aural Commission proposes to amend 47 CFR comments on or before September 8, transmission service. Channel 299C3 Part 73 as follows: 2003.

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ADDRESSES: Federal Communications Rule Making is issued until the matter absent a bona fide expression of Commission, Washington, DC 20554. In is no longer subject to Commission interest. addition to filing comments with the consideration or court review, all ex ADDRESSES: Federal Communications FCC, interested parties should serve the parte contacts are prohibited in Commission, 445 Twelfth Street, SW., petitioner, his counsel, or consultant, as Commission proceedings, such as this Washington, DC 20554. follows: Linda A. Davidson, 2134 Oak one, which involve channel allotments. FOR FURTHER INFORMATION CONTACT: Street, Unit C, Santa Monica, California See 47 CFR 1.1204(b) for rules Rolanda F. Smith, Media Bureau, (202) 90405, Charles Crawford, 4553 governing permissible ex parte contacts. 418–2180. Bordeaux Avenue, Dallas, Texas 75205, For information regarding proper and Robert Fabian, 4 Hickory Crossing filing procedures for comments, see 47 SUPPLEMENTARY INFORMATION: This is a Lane, Argyle, Texas 76226. CFR 1.415 and 1.420. synopsis of the Commission’s Report and Order, MB Docket No. 03–95, SUPPLEMENTARY INFORMATION: This is a List of Subjects in 47 CFR Part 73 adopted June 30, 2003, and released July synopsis of the Commission’s Notice of Proposed Rule Making, MB Docket No. Radio, Radio broadcasting. 1, 2003. The full text of this 03–147; MB Docket No. 03–148; and MB For the reasons discussed in the Commission decision is available for Docket No. 03–149; adopted June 30, preamble, the Federal Communications inspection and copying during regular 2003, and released July 1, 2003. The full Commission proposes to amend 47 CFR business hours at the FCC’s Reference text of this Commission decision is part 73 as follows: Information Center, Portals II, 445 available for inspection and copying Twelfth Street, SW., Room CY–A257, during normal business hours in the PART 73—RADIO BROADCAST Washington, DC 20554. The complete FCC Reference Information Center SERVICES text of this decision. may also be (Room CY–A257), 445 12th Street, SW., purchased from the Commission’s 1. The authority citation for Part 73 duplicating contractor, Qualex Washington, DC. The complete text of continues to read as follows: this decision may also be purchased International, Portals II, 445 12th Street, from the Commission’s copy contractor, Authority: 47 U.S.C. 154, 303, 334 and 336. SW., Room CY–B402, Washington, DC, 20554, telephone 202–863–2893, Quatex International, Portals II, 445 § 73.202 [Amended] 12th Street, SW., Room CY–B402, facsimile 202–863–2898, or via e-mail Washington, DC 20554. 2. Section 73.202(b), the Table of FM [email protected]. Allotments under California, is The Audio Division requests Federal Communications Commission. amended by adding Channel 267A at comments on a petition filed by Charles John A. Karousos, Barstow. Crawford proposing the allotment of Assistant Chief, Audio Division, Media Channel 263A at Newcasle, Texas, as 3. Section 73.202(b), the Table of FM Allotments under Texas, is amended by Bureau. the community’s first local aural [FR Doc. 03–18226 Filed 7–17–03; 8:45 am] transmission service. Channel 263A can adding Channel 280A at Grapeland; and BILLING CODE 6712–01–P be allotted to Newcastle in compliance by adding Newcastle, Channel 263A. with the Commission’s minimum Federal Communications Commission. distance separation requirements with a John A. Karousos, FEDERAL COMMUNICATIONS site restriction of 3.6 kilometers (2.2 Assistant Chief, Audio Divison, Media COMMISSION miles) northeast to avoid a short-spacing Bureau. to the licensed site of Station [FR Doc. 03–18228 Filed 7–17–03; 8:45 am] 47 CFR Part 73 KHYS(FM), Channel 264C1 at Abilene, BILLING CODE 6712–01–P [DA 03–2091; MB Docket No. 03–141; RM– Texas. The coordinates for Channel 10703] 263A at Newcastle are 33–13–10 North Latitude and 98–43–01 West Longitude. FEDERAL COMMUNICATIONS Radio Broadcasting Services; Corona The Audio Division requests COMMISSION de Tucson and Sierra Vista, Arizona comments on a petition filed by Robert Fabian proposing the allotment of 47 CFR Part 73 AGENCY: Federal Communications Channel 280A at Grapeland, Texas, as Commission. [DA 03–2094; MB Docket No. 03–95, RM– the community’s second local FM 10652] ACTION: Proposed rule. transmission service. Channel 280A can SUMMARY: This document requests be allotted to Grapeland in compliance Radio Broadcasting Services; comment on a petition for rulemaking with the Commission’s minimum Clarendon, TX distance separation requirements with a filed on behalf of Cochise Broadcasting, site restriction of 11.4 kilometers (7.0 AGENCY: Federal Communications LLC, licensee of Station KKYZ(FM), miles) northeast to avoid short-spacings Commission. Sierra Vista, Arizona, requesting the to the licensed sites of Station ACTION: Proposed rule; dismissal. substitution of Channel 267C3 for KJCS(FM), Channel 277C2, Channel 269A at Sierra Vista, Nacogdoches, Texas, Station KXCS(FM), SUMMARY: The Audio Division dismisses reallotment of Channel 267C3 from Channel 280C2, Cameron, Texas, and a Petition for Rule Making filed by Sierra Vista to Corona de Tucson, Station KKUS(FM), Channel 281C2, Maurice Salsa, requesting the allotment Arizona and modification of the license Tyler, Texas. The coordinates for of Channel 237A at Clarendon, Texas, as of Station KKYZ(FM) to specify the new Channel 280A at Grapeland, Texas are that community’s second local aural community. Channel 267C3 can be 31–32–45 North Latitude and 95–22–42 transmission service. See 68 FR 18179, allotted at Corona de Tucson at a site 7.7 West Longitude. April 15, 2003. Maurice Salsa, or no kilometers (4.8 miles) east of the Provisions of the Regulatory other party, filed comments in support community at coordinates NL 31–57–24 Flexibility Act of 1980 do not apply to of the allotment of Channel 237A to and WL 110–41–40. While this site is this proceeding. Clarendon, Texas. It is the short-spaced to Channels 267B in Agua Members of the public should note Commission’s policy to refrain from Prieta, Sonora, Mexico, and 266B, that from the time a Notice of Proposed making a new allotment to a community Sasabe, Sonora, Mexico, Petitioner has

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pledged to protect those channels using 267C3 and removing Channel 269A at II, CY–A257, 445 Twelfth Street, SW., contour protection in accordance with Sierra Vista. Washington, DC. This document may the US/Mexican Treaty. Concurrence of Federal Communications Commission. also be purchased from the the Mexican government will also be John A. Karousos, Commission’s duplicating contractors, requested for this allotment. Qualex International, Portals II, 445 Assistant Chief, Audio Division, Media DATES: Comments must be filed on or Bureau. 12th Street, SW., Room CY–B402, Washington, DC 20554, telephone 202– before August 25, 2003, and reply [FR Doc. 03–18248 Filed 7–17–03; 8:45 am] 863–2893, or via e-mail comments on or before September 9, BILLING CODE 6712–01–P 2003. [email protected]. Provisions of the Regulatory ADDRESSES: Secretary, Federal Flexibility Act of 1980 do not apply to Communications Commission, FEDERAL COMMUNICATIONS this proceeding. Washington, DC 20554. COMMISSION Members of the public should note FOR FURTHER INFORMATION CONTACT: 47 CFR Part 73 that from the time a Notice of Proposed Victoria M. McCauley, Media Bureau, Rule Making is issued until the matter (202) 418–2180. [DA 03–2090; MB Docket No. 03–142; RM– 10539] is no longer subject to Commission SUPPLEMENTARY INFORMATION: This is a consideration or court review, all ex synopsis of the Commission’s Notice of Radio Broadcasting Services; Glen parte contacts are prohibited in Proposed Rule Making, MB Docket No. Arbor, MI Commission proceedings, such as this 02–382, adopted July 1, 2003 and one, which involve channel allotments. released July 3, 2003. The full text of AGENCY: Federal Communications See 47 CFR 1.1204(b) for rules this Commission decision is available Commission. governing permissible ex parte contacts. for inspection and copying during ACTION: Proposed rule. For information regarding proper normal business hours in the FCC’s filing procedures for comments, see 47 SUMMARY: This document requests Reference Information Center at Portals CFR 1.415 and 1.420. II, CYA257, 445 Twelfth Street, SW., comments on a petition for rulemaking Washington, DC This document may filed by WKJF Radio, Inc., licensee of List of Subjects in 47 CFR Part 73 also be purchased from the Station WKJF-FM, Cadillac, Michigan, Radio, Radio broadcasting. Commission’s duplicating contractors, proposing the deletion of Channel 227A at Glen Arbor, Michigan. The removal of For the reasons discussed in the Qualex International, Portals II, 445 preamble, the Federal Communications 12th Street, SW., Room CY–B402, Channel 227A at Glen Arbor will allow Station WKJF-FM to relocate its Commission proposes to amend 47 CFR Washington, DC 20554, telephone 202– Part 73 as follows: 863–2893, or via e-mail transmitter. Any party filing an [email protected]. expression of interest in retention of PART 73—RADIO BROADCAST Provisions of the Regulatory Channel 227A at Glen Arbor will be SERVICES Flexibility Act of 1980 do not apply to required to provide evidence of site this proceeding. availability demonstrating that it has 1. The authority citation for Part 73 Members of the public should note obtained assurances from the owner of continues to read as follows: that from the time a Notice of Proposed its proposed site that it will be able to Authority: 47 U.S.C. 154, 303, 334 and 336. Rule Making is issued until the matter buy or lease the location specified in is no longer subject to Commission comments. Failure to provide the § 73.202 [Amended] consideration or court review, all ex requested information will result in a 2. Section 73.202(b), the Table of FM parte contacts are prohibited in rejection of the expression of interest. Allotments under Michigan, is amended Commission proceedings, such as this DATES: Comments must be filed on or by removing Channel 227A at Glen one, which involve channel allotments. before August 22, 2003, and reply Arbor. See 47 CFR 1.1204(b) for rules comments on or before September 8, Federal Communications Commission. governing permissible ex parte contacts. 2003. John A. Karousos, For information regarding proper ADDRESSES: Secretary, Federal Assistant Chief, Audio Division, Media filing procedures for comments, see 47 Communications Commission, 445 Bureau. CFR 1.415 and 1.420. Twelfth Street, SW., Washington, DC [FR Doc. 03–18249 Filed 7–17–03; 8:45 am] List of Subjects in 47 CFR Part 73 20554. In addition to filing comments BILLING CODE 6712–01–P with the FCC, interested parties should Radio, Radio broadcasting. serve the petitioner’s counsel as follows: For the reasons discussed in the Dennis J. Kelly, Law Office of Dennis J. DEPARTMENT OF THE INTERIOR preamble, the Federal Communications Kelly, Post Office Box 41177, Commission proposes to amend 47 CFR Washington, DC 20018. Fish and Wildlife Service Part 73 as follows: FOR FURTHER INFORMATION CONTACT: PART 73—RADIO BROADCAST Kathleen Scheuerle, Media Bureau, 50 CFR Part 17 (202) 418–2180. SERVICES RIN 1018–AI50 SUPPLEMENTARY INFORMATION: This is a 1. The authority citation for Part 73 synopsis of the Commission’s Notice of Endangered and Threatened Wildlife continues to read as follows: Proposed Rule Making, MB Docket No. and Plants; Listing the Plant Lepidium Authority: 47 U.S.C. 154, 303, 334 and 336. 03–142, adopted June 30, 2003, and papilliferum (Slickspot Peppergrass) released July 1, 2003. The full text of § 73.202 [Amended] this Commission decision is available AGENCY: Fish and Wildlife Service, 2. Section 73.202(b), the Table of FM for inspection and copying during Interior. Allotments under Arizona, is amended normal business hours in the FCC’s ACTION: Proposed rule; 6-month by adding Corona de Tucson, Channel Reference Information Center at Portals extension of the deadline for final

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determination and reopening of Canyon, Gem, Elmore, Payette, and FR 60206). The second comment period comment period. Owyhee Counties, Idaho. Lepidium closed on November 25, 2002. papilliferum is threatened by a variety Independent Scientific Review SUMMARY: We, the U.S. Fish and of activities including urbanization, Wildlife Service (Service), announce a gravel mining, irrigated agriculture, In accordance with our July 1, 1994, 6-month extension of the deadline for a habitat degradation due to cattle and Interagency Cooperative Policy on Peer final determination of whether to list sheep grazing, fire and fire Review (59 FR 34270), we requested the Lepidium papilliferum (slickspot rehabilitation activities, and continued expert opinion of 12 independent peppergrass) and reopening of the invasion of habitat by non-native plant scientists regarding the pertinent comment period on the proposed rule to species. For further information scientific or commercial data and list the species. We are taking this regarding background biological assumptions concerning biological and action because there is substantial information, previous Federal actions, ecological information used in the disagreement regarding the sufficiency factors affecting the species, and proposed rule. The purpose of such a or accuracy of the available data conservation measures available to review is to ensure that the listing relevant to the proposed listing rule, Lepidium papilliferum, please refer to decision is based on scientifically sound making it necessary for us to solicit our proposed rule to list the species, data, assumptions and analyses, additional information by reopening the which was published on July 15, 2002 including input of appropriate experts public comment period. Comments (67 FR 46441). and specialists. The 12 reviewers we previously submitted need not be asked to review the proposed rule were resubmitted as they already have been Previous Federal Action selected based on their expertise on L. incorporated into the public record and On April 9, 2001, we received a papilliferum natural history and will be fully considered in the final rule. petition dated April 4, 2001, from the ecology. We requested that they review DATES: We will accept comments and Committee for Idaho’s High Desert, the the proposed rule and provide any information pertaining to the proposed Western Watersheds Project, The relevant scientific data relating to rule through August 18, 2003. Wilderness Society, and the Idaho taxonomy, distribution, population Comments must be received by 5:00 Conservation League (Petitioners) status, or the supporting biological and p.m. on the closing date. Any comments requesting emergency listing of ecological data used in our analyses of that are received after the closing date Lepidium papilliferum as threatened or the listing factors. may not be considered in the final endangered. We responded to the Six of the 12 scientific reviewers decision on this action. The date for Petitioners with a letter dated April 27, provided comment to us. One did so as submitting our final determination on 2001, stating that the species was part of the official comments of the U.S. the proposed listing to the Federal already identified as a candidate, and Air Force. Five peer reviewers Register is extended to January 15, we do not publish petition findings on supported the sufficiency and the 2004. candidate species since we have already accuracy of the available data relevant determined that their listing is to the proposed rule and one, through ADDRESSES: Copies of the draft proposal warranted (Service, in litt. 2001). We the U.S. Air Force comments, did not. are available on the Internet at: http:// also stated that our initial review of The U.S. Air Force comments, dated endangered.fws.gov/frpubs/ their petition did not indicate an September 11, 2002, were a compilation 02fedreg.htm or by writing to the emergency action was warranted. of reviews conducted by five Ph.D. Supervisor, U.S. Fish and Wildlife On November 6, 2001, the Petitioners scientists and one research agronomist. Service, Snake River Basin Office, 1387 filed a complaint for our failure to It was, by far, the most detailed and S. Vinnell Way, Room 368, Boise, ID emergency list Lepidium papilliferum as comprehensive review of the proposed 83709. threatened or endangered, and our rule conducted by any of the peer If you wish to comment, you may failure to proceed with a proposed rule reviewers. The areas of substantial submit written comments and to list the species as endangered or disagreement among the reviewers that information to the Supervisor at the threatened on a non-emergency basis were raised by the U.S. Air Force address above. You may also send (Committee for Idaho’s High Desert and comments center around the sufficiency comments by electronic mail (e-mail) to: Western Watersheds Project v. Anne or accuracy of data used to represent [email protected]. See the Badgley, et al. (Case No. CV 01–1641– population status and trends of L. Public Comments Solicited section AS)). On April 2, 2002, based on a papilliferum, and the likelihood of below for file format and other settlement agreement with the threats causing further declines of the information about electronic filing. Petitioners, the court signed an order species. Comments and materials received will requiring us to submit for publication in For example, the available scientific be available for public inspection, by the Federal Register a proposal to list data on population status and trends appointment, during normal business the species by July 15, 2002, and a final since 1994 shows an increase from 38 to hours at the above address. determination or finding by July 15, 75 in the number of known element FOR FURTHER INFORMATION CONTACT: 2003. occurrences (specific geographical Supervisor, Snake River Fish and On July 15, 2002, we published a location containing a species of Wildlife Office, 1387 S. Vinnell Way, proposed rule to list Lepidium concern) of L. papilliferum. The total Room 368, Boise, ID 83709 (telephone papilliferum as an endangered species area of all combined existing element 208/378–5243; facsimile 208/378–5262). (67 FR 46441). During the initial public occurrences within the known range of SUPPLEMENTARY INFORMATION: comment period, which closed on this species has nearly doubled since September 13, 2002, we published legal 1994. The total acreage of slickspots Background notices in local Idaho newspapers and known to be occupied by L. Lepidium papilliferum is a held hearings. On September 25, 2002, papilliferum within the 20,500-acre area herbaceous annual or biennial plant that we reopened the comment period for an across the range of the species is not occurs in sagebrush-steppe habitats. additional 60 days to allow additional known. While the data also shows that This species is found along the Snake time for all interested parties to submit 13 occurrences have become extinct River Plain and Owyhee Plateau in Ada, written comments on the proposal (67 since 1911 and 5 previously reported

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collection areas have not been recently conservation of the species. The Service hours at the Snake River Basin Fish and affirmed, there is substantial and the participating parties would be Wildlife Office (see ADDRESSES). disagreement over whether or not the able to implement, through this In making any final decision on the available data is sufficient to indicate a agreement, a number of immediate proposed action, we will take into continuing trend of decline toward conservation measures, and would consideration the comments and any extinction. Furthermore, since annual therefore be able to bring protection to additional information we receive, and population numbers are known to vary the species much more quickly than the such communications may lead to a widely within element occurrences of L. conservation measures associated with final regulation that differs from the papilliferum, there is substantial section 7 consultations of the Act proposal. disagreement over whether or not the initiated upon the species listing and Author monitoring data collected since 1995 is the recovery process. In addition, the sufficient to support either an increasing conservation agreement would provide The primary author of this notice is or a decreasing population trend. L. papilliferum with some protections Jeff Foss, U.S. Fish and Wildlife Service, A second example involves the the Service would not be able to obtain Supervisor, Snake River Fish and threats to L. papilliferum caused by the through the Act’s legal requirements. Wildlife Office, Boise, ID. conversion and degradation of the Specifically, the conservation agreement Authority sagebrush-steppe ecosystem from would provide for some protections for The authority of this action is the agricultural conversion, urbanization, the peppergrass, specifically with Endangered Species Act of 1973, as invasion of non-native plants, increased private land owners, which are not amended (16 U.S.C. 1531 et seq.). wildfire frequency, and livestock required pursuant to the Act. grazing. The impacts described in the Furthermore, during this 6-month Dated: July 15, 2003. proposed rule that are associated with extension the Service will work with the Marshall P. Jones, these threats include extirpation of U.S. Air Force to update their Integrated Acting Director, Fish and Wildlife Service. populations due to habitat conversion Natural Resource Management Plan [FR Doc. 03–18402 Filed 7–16–03; 12:56 pm] and wildfire, competition from non- (INRMP) to further address the BILLING CODE 4310–55–P native annual grasses that invade after conservation needs of Lepidium fires, negative impacts from fire papilliferum. rehabilitation, and trampling by cattle DEPARTMENT OF COMMERCE while grazing. While there are reported Public Comments Solicited and documented examples of these We intend that any final action National Oceanic and Atmospheric impacts occurring, there is substantial resulting from this proposal will be as Administration disagreement among the scientific accurate and as effective as possible. reviewers about the number of reported Therefore, comments or suggestions 50 CFR Part 600 observations being sufficient to from the public, other concerned [I.D. 070703B] conclude an overall negative impact to governmental agencies, the scientific the species is likely to occur. This community, industry, or any other Magnuson-Stevens Act Provisions; disagreement extends to important interested party concerning this General Provisions for Domestic conclusions concerning the interaction proposed rule are hereby solicited. Fisheries; Application for Exempted of inherently vulnerable characteristics Comments particularly are sought Fishing Permits (EFPs) such as rarity of individuals and limited concerning: and isolated habitat types, as compared AGENCY: National Marine Fisheries (1) Biological, commercial trade, or to the biological resiliency of L. Service (NMFS), National Oceanic and other relevant data concerning any papilliferum. Atmospheric Administration (NOAA), threat (or lack thereof) to this species; Department of Commerce. Six-Month Extension (2) The location of any additional ACTION: Notification of a proposal for populations of this species; In accordance with section EFPs to conduct experimental fishing; (3) Additional information concerning 4(b)(6)(B)(i) of the Act, the 6-month request for comments. extension of the deadline for our final the range, distribution, and population determination on whether to list L. size of this species; and SUMMARY: The Assistant Regional papilliferum will be used to solicit and (4) Current or planned activities in the Administrator for Sustainable Fisheries, evaluate additional data to further subject area and their possible impacts Northeast Region, NMFS (Assistant address the sufficiency or accuracy of on this species. Regional Administrator) has made a the available data. During this time, we Previously submitted written preliminary determination that the will employ additional techniques for comments on this proposal need not be subject EFP application contains all the organizing the data for further analysis resubmitted. If you submit comments by required information and warrants and evaluation of the status of the e-mail, please submit them in ASCII file further consideration. The Assistant species and the risks it faces. format and avoid the use of special Regional Administrator has also made a In addition to soliciting data and characters and encryption. Please preliminary determination that the conducting further analyses to address include ‘‘Attn: RIN 1018–AI50’’ and activities authorized under the EFP the disagreement in the sufficiency and your name and return address in your would be consistent with the goals and accuracy of the available data, during e-mail message. If you do not receive a objectives of the Black Sea Bass Fishery the 6-month extension period the confirmation from our system that we Management Plan (FMP). However, Service plans to draft a Conservation have received your e-mail message, further review and consultation may be Agreement for L. papilliferum in contact us directly by calling our Snake necessary before a final determination is coordination with the State of Idaho and River Basin Fish and Wildlife Office at made to issue the EFP. Therefore, NMFS other affected and interested parties. telephone number 208/378–5243. announces that the Assistant Regional The Service believes that finalization Comments and materials received will Administrator proposes to recommend and implementation of this agreement be available for public inspection, by that an EFP be issued that would allow would have immediate benefit to the appointment, during normal business three vessels to conduct fishing

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operations that are otherwise restricted Dated: July 14, 2003. to exempt the vessel from days-at-sea by the regulations governing the Bruce C. Morehead, (DAS), scallop gear, and multispecies fisheries of the Northeastern United Acting Director, Office of Sustainable closed area restrictions. Regulations States. The EFP would allow for Fisheries, National Marine Fisheries Service. under the Magnuson-Stevens Fishery exemptions from the minimum fish size [FR Doc. 03–18339 Filed 7–17–03; 8:45 am] Conservation and Management Act requirement for the retention of BILLING CODE 3510–22–S require publication of this notification undersized fish for data collection to provide interested parties the purposes. The EFP would allow this opportunity to comment on applications exemption for approximately 250 lb DEPARTMENT OF COMMERCE for proposed EFPs. (114 kg) of undersized (juvenile) black DATES: Comments must be received on sea bass (Centropristis striata) for the National Oceanic and Atmospheric or before 5:00 p.m., Eastern Standard remainder of the 2003 fishing year. Administration Time, August 4, 2003. Regulations under the Magnuson- ADDRESSES: Written comments should 50 CFR Part 600 Stevens Fishery Conservation and be sent to Patricia A. Kurkul, Regional Management Act require publication of [I.D. 071003B] Administrator, NMFS, Northeast this notification to provide interested Regional Office, 1 Blackburn Drive, parties the opportunity to comment on Magnuson-Stevens Act Provisions; Gloucester, MA 01930–2298. Mark the applications for proposed EFPs. General Provisions for Domestic outside of the envelope ‘‘Comments on DATES: Comments on this document Fisheries; Application for Exempted Scallop Dredge EFP Proposal.’’ must be received on or before August 4, Fishing Permit (EFP) Comments may also be sent via 2003. AGENCY: National Marine Fisheries facsimile (fax) to (978) 281–9135. A ADDRESSES: Written comments should Service (NMFS), National Oceanic and copy of the proposal and the Draft be sent to Patricia A. Kurkul, Regional Atmospheric Administration (NOAA), Environmental Assessment are available Administrator, NMFS, Northeast Commerce. from the Northeast Regional Office at the address stated above. Regional Office, 1 Blackburn Drive, ACTION: Notification of a proposal for an FOR FURTHER INFORMATION CONTACT: Gloucester, MA 01930. Mark the outside EFP to conduct experimental fishing; Don of the envelope ‘‘Comments on VIMS request for comments. Frei, Fisheries Management Specialist, Black Sea Bass Population Biology EFP 978–281–9221. Proposal.’’ Comments may also be sent SUMMARY: The Administrator, Northeast SUPPLEMENTARY INFORMATION: Ronald via facsimile (fax) to (978) 281–9135. Region, NMFS (Regional Administrator) Smolowitz, Coonamessett Farm, Inc., has made a preliminary determination FOR FURTHER INFORMATION CONTACT: submitted an application to conduct an that the subject EFP application Brian Hooker, Fishery Management experimental fishery to test contains all of the required information Specialist, phone 978–281–9220. experimental 10–inch (25.4–cm) twine and warrants further consideration. The top configurations on standard scallop SUPPLEMENTARY INFORMATION: The Regional Administrator has also made a dredges outside of scallop DAS and Virginia Institute of Marine Science preliminary determination that the within Georges Bank including Closed (VIMS) submitted an application for an activities authorized under the EFP Area I, II, and the Nantucket Lightship EFP on June 23, 2003, with final would be consistent with the goals and Closed Area. The experiment would be revisions received June 24, 2003. The objectives of the Atlantic Sea Scallop a continuation and expansion of experimental fishing application and Northeast Multispecies Fishery experiments with similar gear that requests authorization to allow the Management Plans (FMPs). However, Coonamessett Farm, Inc., has conducted collection of undersized (juvenile) black consideration of comments on the in the past. sea bass for research into the proposal is required and further review The experiment is being proposed to reproductive biology and population and consultation may be necessary expand the level of information and dynamics of black sea bass. The VIMS before a final determination is made that data that Mr. Smolowitz has collected researchers propose to enlist three the activity will have no significant on the experimental scallop dredge and fishing vessels to retain 25–50 lb (12–23 impacts on the human environment, to conduct the experimental fishing in kg) of undersized black sea bass each and that the issuance of EFPs is areas where both scallops and finfish month during the participation period warranted. NMFS is reviewing analyses species are in high abundance relative (August 1–December 31, 2003). This prepared in an Environmental to other areas. The standard scallop would result in a maximum retention of Assessment to help make final dredge will be used to test various 250 lb (114 kg) of under-sized black sea determinations. Therefore, NMFS combination modified 10–inch (25.4– bass for the 2003 fishing year. The announces that the Regional cm) twine tops to reduce finfish collections would take place using Administrator has made a preliminary bycatch. Prior experimental fishing has handline and fish pot fishing gear under decision to issue the EFP that would tested 10–inch (25.4–cm) twine tops the normal fishing operations of the allow one federally permitted fishing along with other gear modifications. participating vessels. The collections vessel to conduct fishing operations These tests demonstrated a reduction of would take place off the coasts of otherwise restricted by the regulations the bycatch of yellowtail flounder by 40 Virginia and North Carolina in 30– governing the Atlantic sea scallop and percent, skate by 40 percent, and winter minute squares 11, 12, 15, 16, 19, 20, 25, Northeast multispecies fisheries. The flounder by 50 percent, compared to a and 26. The participating vessels would EFP would allow the federally standard dredge with 10–inch (25.4–cm) be required to comply with applicable permitted vessel to compare a standard twine top mesh. Comparisons of a state landing laws and report all scallop dredge using a 6–inch (15.2–cm) standard dredge with modified 10–inch landings on the Federal Fishing Vessel twine top to a standard scallop dredge (25.4–cm) twine tops and a standard Trip Report. using various modified 10–inch (25.4– dredge with 6–inch (15.2–cm) twine top Based on the results of this EFP, this cm) twine tops in order to estimate mesh would allow the researcher to action may lead to future rulemaking. finfish bycatch reduction in the distinguish the overall effectiveness of Authority: 16 U.S.C. 1801 et seq. modified dredge. The EFP is necessary the modified dredge from the

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effectiveness of the 10–inch (25.4–cm) be significant. The increase in DAS personnel.Regulations under the twine top. (exempting one vessel from DAS Magnuson-Stevens Fishery The proposed experiment would be restrictions for a total of 40 DAS) is Conservation and Management Act conducted as soon as possible following approximately 0.14–percent of the require publication of this notification approval of the EFP, if the final decision overall DAS used in the scallop fishery to provide interested parties the is to grant the EFP. The participating on an annual basis. opportunity to comment on applications vessel would be authorized to take four Based on the results of this EFP, this for proposed EFPs. trips in Georges Bank, including Closed action may lead to future rulemaking. DATES: Comments must be received at Area I, II or the Nantucket Lightship Dated: July 14, 2003. the appropriate address or fax number Closed Area. Conducting the trips in Bruce C. Morehead, (see ADDRESSES) on or before August 4, both closed and open areas would allow Acting Director, Office of Sustainable 2003. the gear to be tested in areas of both Fisheries, National Marine Fisheries Service. ADDRESSES: Written comments should extremely high and moderate scallop [FR Doc. 03–18341 Filed 7–17–03; 8:45 am] be sent to Patricia A. Kurkul, Regional and finfish abundance. The information BILLING CODE 3510–22–S Administrator, NMFS, NE Regional gathered from this experiment could be Office, 1 Blackburn Drive, Gloucester, used in the consideration in future MA 01930. Mark the outside of the management actions under the Atlantic DEPARTMENT OF COMMERCE envelope ‘‘Comments on UNH Semi- Sea Scallop FMP. The participating Pelagic Shrimp Trawl EFP Proposal.’’ vessel would be allowed to retain up to National Oceanic and Atmospheric Comments may also be sent via fax to 15,000 lb (6,804 kg) of scallops and the Administration (978) 281–9135. Comments will not be regulated amount of incidental catch of accepted if submitted via e-mail or the other species (e.g., 300 lb (136 kg) of 50 CFR Part 600 Internet. regulated multispecies and monkfish) FOR FURTHER INFORMATION CONTACT: per trip. The EFP would allow [I.D. 071403A] Heather Sagar, Fisheries Management exemptions from the following Magnuson-Stevens Act Provisions; Specialist, 978–281–9341, or e-mail regulations for Fisheries of the General Provisions for Domestic [email protected]. Northeastern United States (50 CFR part Fisheries; Application for Exempted SUPPLEMENTARY INFORMATION: An initial 648): DAS notification requirements Fishing Permit (EFP) specified at § 648.10(b)(1)(i); scallop application from UNH for an EFP was dredge twine top restrictions specified AGENCY: Department of Commerce, received on June 16, 2003, and the at § 648.51(b)(4)(iv); scallop DAS National Oceanic and Atmospheric application was completed on July 1, restrictions specified at § 648.53; and Administration (NOAA), National 2003. The proposed study would test a Northeast multispecies Closed Area I, II, Marine Fisheries Service (NMFS) semi-pelagic shrimp trawl net with and Nantucket Lightship Closed Area ACTION: Notification of a proposal for an small mesh (50 mm) and up to 180–ft restrictions specified at § 648.81(b)(1) EFP to conduct experimental fishing; (54.6–m) bridles, which would be and (c)(1). request for comments. designed in such a way as to reduce The participating vessel would land seabed impact when trawling for shrimp approximately 60,000 lb (27,216 kg) of SUMMARY: The Assistant Regional in the Gulf of Maine. The bridles would scallops, 1,200 lb (544 kg) of Northeast Administrator, Northeast Region, NMFS not be in contact with the seabed and, multispecies, and 1,200 lb (544 kg) of has made a preliminary determination therefore, are not expected to adversely monkfish. Minimal amounts of other that the subject EFP application affect benthic organisms, demersal legally retained bycatch species, such as contains all the required information species, or the seabed itself. The codend skates, may be landed. The catch of and warrants further consideration. The would be left open throughout testing scallops in excess of the 15,000–lb Assistant Regional Administrator has and no fish, therefore, would be (6,804–kg) per trip allowance may occur also made a preliminary determination retained. The proposed study would in closed areas due to very high that the activities authorized under the take place off the coast of Seabrook, NH, concentrations of scallops. This would EFP would be consistent with the goals west of 70 W. long., excluding closed result in some scallop discard, but and objectives of the Northeast (NE) areas. One commercial vessel would discard survival rates of scallops is Multispecies Fishery Management Plan fish a maximum 4 days, making expected to be high. Discards of other (FMP). However, further review and approximately 6 tows per day, for a total species caught during experimental consultation may be necessary before a of 24 tows for this study. Tow length fishing is expected to be about 40,000 lb final determination is made to issue an would be approximately 1 hour. The (18 mt) of flounder species and skates, EFP. Therefore, NMFS announces that participating vessel would be required 35,000 lb (16 mt) of monkfish, and 4,400 the Regional Administrator proposes to to notify NMFS prior to commencing an lb (2 mt) of other species. For issue an EFP that would allow one experimental fishing trip. The final comparison, the total allowed catch in vessel to conduct fishing operations that phase of the experiment would be data the 2000 Georges Bank Sea Scallop are otherwise restricted by the analysis and reporting, including an Exemption Program (the same portions regulations governing the fisheries of acoustic monitoring analysis and video of Closed Area II and the Nantucket the northeastern United States. The EFP analysis. A final report containing the Lightship Closed Area are proposed for would allow the vessel to fish outside results of the study would be provided access in the experiment) for yellowtail the regulated fishing season for shrimp, to NMFS no later than 6 months flounder was 725 mt with no catch which occurred in 2003 between following completion of the study. limits on other species. Although January 15- February 27. The proposed The EFP would allow this vessel to information on the survival of finfish experiment would test a semi-pelagic fish outside the regulated fishing season discards is lacking, not all discarded shrimp trawl using 180–ft (54.6–m) for shrimp, which occurred in 2003 fish would die. Based on the analyses of bridles, and small mesh (50 mm), with between January 15–February 27. the proposed action, the relative impact the codend left open. All experimental Based on the results of this EFP, this of the expected catch overall during the work would be monitored by University action may lead to future rulemaking. proposed experiment does not appear to of New Hampshire (UNH) Authority: 16 U.S.C. 1801 et seq.

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Dated: July 14, 2003. development of Framework 4 should be habitat, bycatch reduction, permitting of Bruce C. Morehead, directed to Mr. Daniel T. Furlong, Mid- the Northwest Atlantic Fisheries Acting Director, Office of Sustainable Atlantic Fishery Management Council, Organization vessels to transit the U.S. Fisheries, National Marine Fisheries Service. Room 2115 Federal Building, 300 S. EEZ, and the definition of overfishing [FR Doc. 03–18342 Filed 7–17–03; 8:45 am] New St., Dover, DE 19904. Comments for Loligo squid. The original NOI to BILLING CODE 3510–22–S may also be sent via facsimile (FAX) to develop a DEIS for Amendment 9 was (302) 674–5399. Comments will not be published on November 29, 2001, (66 accepted if submitted by e-mail or FR 56574) and the Council held the DEPARTMENT OF COMMERCE Internet. initial scoping meeting on December 12, FOR FURTHER INFORMATION CONTACT: 2001, in Atlantic City, NJ. The Council National Oceanic and Atmospheric continued the development of Administration Daniel T. Furlong, Executive Director, 302–674–2331. Amendment 9 in 2002–2003 and submitted the DEIS for NMFS approval SUPPLEMENTARY INFORMATION: 50 CFR Part 648 Prior to for public hearings in April 2003. NMFS the 1980s, the fishery for Illex [I.D. 070703A] identified a number of deficiencies in illecebrosus, (short finned squid) in the the DEIS for Amendment 9 at the March Fisheries of the Northeastern United U.S. Exclusive Economic Zone (EEZ) 19, 2003, Council meeting held in New States; Atlantic Mackerel, Squid, and was prosecuted primarily by foreign York City, NY. As a result of those Butterfish Fishery distant water fleets. With the deficiencies, the Council was unable to implementation of the Atlantic adopt the DEIS for Amendment 9. At its AGENCY: National Marine Fisheries Mackerel, Squid, and Butterfish FMP in June 25, 2003, meeting in Philadelphia, Service (NMFS), National Oceanic and 1982 and its subsequent amendments, PA, the Council concluded that delays Atmospheric Administration (NOAA), the fishery became increasingly utilized in development of the DEIS for Commerce. by the domestic fishery. While the Amendment 9 could result in a hiatus ACTION: Notice of intent (NOI) to prepare domestic fishery was undergoing in the Illex limited access program if the an environmental impact statement development, new biological data moratorium for the Illex fishery expired (EIS); request for comments. became available which indicated that before the final rule for Amendment 9 Illex is an annual species that resulted is implemented. Therefore, the Council SUMMARY: The Mid-Atlantic Fishery in smaller (or lower) revised estimates Management Council (Council) decided to develop Framework 4, the of the sustainable yield for the species. sole purpose of which is to extend the announces its intention to prepare, in In the 1990s, the simultaneous growth cooperation with NMFS, an EIS in moratorium on entry to the Illex fishery of the domestic squid fisheries and while the Council addresses this issue accordance with the National reduction in the estimate of sustainable Environmental Policy Act to assess in Amendment 9 to the FMP. The yield resulted in the Illex fishery Council concluded that new public potential effects on the human moving toward full capitalization and environment of alternative measures for scoping meetings are not necessary for exploitation. As a result, a limited entry this DEIS because this issue was managing the Atlantic mackerel, squid, program became necessary and was and butterfish fisheries pursuant to the considered during the original implemented by a final rule for December 12, 2001, scoping meeting Magnuson-Stevens Fishery Amendment 5 to the FMP (62 FR 28638, Conservation and Management Act. The based on the original NOI. Applicable May 27, 1997). However, due to comments from that meeting will be Council intends to develop Framework concerns that capacity might be 4 to the Atlantic Mackerel, Squid and considered along with the written insufficient to fully exploit the annual comments received on this notification Butterfish Fishery Management Plan quota for this fishery, a 5-year sunset (FMP) to address the issue of expiration in the preparation of the DEIS for provision was placed on the Illex Framework 4. of the moratorium on entry to the moratorium when it was implemented commercial Illex squid fishery. This in Amendment 5. Due to this sunset The Council is considering the notification announces a public process provision, the moratorium on entry to following alternatives for this for determining the impact on the the Illex fishery was set to expire in July framework action: (1) Extend the human environment of measures 2002, but was extended for one year by moratorium on entry to the Illex fishery proposed in Framework 4 relating to a final rule that implemented for an additional 5 years (preferred possible extension or expiration of the Framework 2 to the FMP (67 FR 44392, alternative), (2) extend the moratorium Illex moratorium. The intended effect of July 2, 2002). An additional one-year on entry to the Illex fishery for an this notification is to alert the interested extension of the moratorium was additional 2 years, (3) no action, and (4) public of the development of the Draft implemented by a final rule that extend the moratorium on entry to the EIS (DEIS) for this framework action and implemented Framework 3 (68 FR Illex fishery without a sunset provision. to provide for public participation. 31988, May 29, 2003). The Council is Authority: 16 U.S.C. 1801 et seq. DATES: Written comments on the intent currently developing a DEIS through the Dated: July 14, 2003. to prepare an EIS must be received no development of Amendment 9 to the later than 5 p.m., local time, on August FMP. In addition to the limited access John H. Dunnigan, 18, 2003. issue in the Illex fishery, the Council is Director, Office of Sustainable Fisheries, ADDRESSES: Written comments on the also addressing a number of complex National Marine Fisheries Service. intent to prepare the EIS and requests issues in Amendment 9 including those [FR Doc. 03–18343 Filed 7–17–03; 8:45 am] for other information related to the related to gear impacts on essential fish BILLING CODE 3510–22–S

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Notices Federal Register Vol. 68, No. 138

Friday, July 18, 2003

This section of the FEDERAL REGISTER regarding disposition of those comments Washington and Wisconsin, Marketing contains documents other than rules or and a final determination of change will Order No. 930. proposed rules that are applicable to the be made. OMB Number: 0581–0177. public. Notices of hearings and investigations, Dated: July 14, 2003. Expiration Date of Approval: February committee meetings, agency decisions and 29, 2004. rulings, delegations of authority, filing of Bob Graham, Type of Request: Extension and petitions and applications and agency State Conservationist. revision of a currently approved statements of organization and functions are [FR Doc. 03–18346 Filed 7–17–03; 8:45 am] examples of documents appearing in this information collection. section. BILLING CODE 3410–16–P Abstract: Marketing order programs provide an opportunity for producers of fresh fruits, vegetables and specialty DEPARTMENT OF AGRICULTURE DEPARTMENT OF AGRICULTURE crops, in a specified production area, to Agricultural Marketing Service work together to solve marketing Natural Resources Conservation problems that cannot be solved Division; Notice of Proposed Changes [Docket No. FV03–930–4NC] individually. Order regulations help to Section IV of the Oregon Field Office ensure adequate supplies of high quality Technical Guide (FOTG) Notice of Request for Extension and product and adequate returns to Revision of a Currently Approved AGENCY: Natural Resources producers. Under the Agricultural Information Collection Conservation Service (NRCS), U.S. Marketing Agreement Act of 1937 (AMAA), as amended (7 U.S.C. 601– Department of Agriculture. AGENCY: Agricultural Marketing Service, 674) industries enter into marketing ACTION: USDA. Notice of availability of order programs. The Secretary of proposed changes in the Oregon NRCS ACTION: Notice and request for Agriculture is authorized to oversee the Field Office Technical Guide for review comments. order operations and issue regulations and comment. SUMMARY: In accordance with the recommended by a committee of SUMMARY: It is the intention of NRCS in Paperwork Reduction Act of 1995 (44 representatives from each commodity Oregon to issue revised conservation U.S.C. Chapter 35), this notice industry. practice standards in section IV of the announces the Agricultural Marketing The information collection FOTG. The revised standards include: Service’s (AMS) intention to request an requirements in this request are 342, Critical Area Planting; 484, extension for and revision to a currently essential to carry out the intent of the Mulching; 595, Pest Management; 633, approved information collection for Tart AMAA, and to administer the program, Waste Utilization. Cherries Grown in the States of which has operated since 1996. The tart cherry marketing order DATES: Comments will be received for a Michigan, New York, Pennsylvania, 30-day period commencing with the Oregon, Utah, Washington and regulates the handling of tart cherries in date of this publication. Wisconsin, Marketing Order No. 930. the states of Michigan, New York, Pennsylvania, Oregon, Utah, FOR FURTHER INFORMATION CONTACT: DATES: Comments on this notice must be Washington, and Wisconsin, hereinafter Inquire in writing to Russell Hatz, received by September 16, 2003. referred to as the ‘‘order.’’ The order Leader for Technology, Natural Additional Information or Comments: authorizes volume regulations that Resources Conservation Service (NRCS), Contact Valerie L. Emmer-Scott, provide for a reserve pool in times of 101 SW Main, Suite 1300, Portland, OR Marketing Specialist, Marketing Order heavy cherry supplies. Other major 97204; telephone number (503) 414– Administration Branch, Fruit and marketing order provisions not 3235; fax number (503) 414–3103. Vegetable Programs, AMS, USDA, 1400 currently in use include minimum grade Copies of these standards will be made Independence Avenue, SW., Stop 0237, and size regulations and authorization available upon written request to the Washington, DC 20250–0237; Tel: (202) for market research and development address shown above. You may submit 205–2829, Fax: (202) 720–8938, or E- projects, including paid advertising. electronic requests and comments to mail: [email protected]. The order, and rules and regulations [email protected]. Small businesses may request issued thereunder, authorize the Cherry SUPPLEMENTARY INFORMATION: Section information on this notice by contacting Industry Administrative Board (Board), 343 of the Federal Agriculture Jay Guerber, Regulatory Fairness the agency responsible for local Improvement and Reform Act of 1996 Representative, Marketing Order administration of the order, to require states that revisions made after Administration Branch, Fruit and handlers and growers to submit certain enactment of the law, to NRCS State Vegetable Programs, AMS, USDA, 1400 information. Much of this information is technical guides used to carry out Independence Avenue, SW., Stop 0237, compiled in aggregate and provided to highly erodible land and wetland Washington, DC 20250–0237; the industry to assist in carrying out provisions of the law, shall be made Telephone: (202) 720–2491; Fax: (202) marketing decisions. available for public review and 720–8938, or E-mail: The Board has developed forms as a comment. For the next 30 days, the [email protected]. means for persons to file required NRCS in Oregon will receive comments SUPPLEMENTARY INFORMATION: information with the Board relating to relative to the proposed changes. Title: Tart Cherries Grown in the tart cherry inventories, shipments, Following that period, a determination States of Michigan, New York, diversions, and other information will be made by the NRCS in Oregon Pennsylvania, Oregon, Utah, needed to effectively carry out the

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requirements of the order, and their use collected; and (4) ways to minimize the proposals were being accepted for is necessary to fulfill the intent of the burden of the collection of information participation in the Fiscal Year (FY) AMAA. Since this order regulates on those who are to respond, including 2003 Quality Samples Program (QSP). canned and frozen forms of tart cherries, through the use of appropriate Based on its review of the proposals, reporting requirements will be in effect automated, electronic, mechanical, or CCC allocated approximately $1.4 all year. A USDA form is used to allow other technological collection million in funding in July 2003. Because growers to vote on amendments or techniques or other forms of information approximately $1.1 million of the FY continuance of the marketing order. In technology. 2003 funds remain unallocated, CCC addition, tart cherry growers and Comments should reference OMB No. announces that it is extending the time handlers who are nominated by their 0581–0177 and the Tart Cherry period for submission of proposals to peers to serve as representatives on the Marketing Order No. 930, and be mailed participate in the FY 2003 QSP. Board must file nomination forms with to Docket Clerk, Fruit and Vegetable The QSP is designed to encourage the the Secretary. Formal rulemaking Programs, AMS, USDA, 1400 development and expansion of export amendments to the order must be Independence Avenue SW., markets for U.S. agricultural approved in grower referenda Washington, DC 20250–0237; commodities by assisting U.S. entities in conducted by the Secretary. In addition, Telephone: (202) 205–2829; Fax: (202) providing commodity samples to USDA may conduct a referendum to 720–8938; or E-mail: potential foreign importers to promote a determine industry support for [email protected]. Comments better understanding and appreciation continuation of the order. Finally, should reference the docket number and for the high quality of U.S. agricultural handlers are asked to sign an agreement the date and page number of this issue commodities. All proposals will be to indicate their willingness to comply of the Federal Register. All comments reviewed against the evaluation criteria with the provisions of the order if the received will be available for public contained herein and funds will be order is amended. These forms are inspection in the Office of the Docket awarded on a competitive basis. included in this request. Clerk during regular USDA business Financial assistance will be made The forms covered under this hours at 14th and Independence Ave., available on a reimbursement basis. The information collection require the SW., Washington, DC, room 2525–S. QSP is administered by the Foreign minimum information necessary to All responses to this notice will be Agricultural Service (FAS). effectively carry out the requirements of summarized and included in the request Under the QSP, CCC enters into the order, and their use is necessary to for OMB approval. All comments will agreements with those entities whose fulfill the intent of the AMAA as also become a matter of public record. proposals have been accepted. The QSP agreement between CCC and the expressed in the order, and the rules Dated: July 14, 2003. and regulations issued under the order. participant will include the maximum Kenneth C. Clayton, The information collected is used amount of CCC funds that may be used only by authorized representatives of Acting Administrator, Agricultural Marketing to reimburse specific activity costs that Service. the USDA, including AMS, Fruit and have been approved by CCC and paid by Vegetable Programs’ regional and [FR Doc. 03–18193 Filed 7–17–03; 8:45 am] the QSP participant. QSP participants headquarter’s staff, and authorized BILLING CODE 3410–02–P will be responsible for procuring (or employees of the Board. Authorized arranging for the procurement of) commodity samples, exporting the Board employees and the industry are DEPARTMENT OF AGRICULTURE the primary users of the information, samples, and providing the technical assistance necessary to facilitate and AMS is the secondary user. Commodity Credit Corporation Estimate of Burden: Public reporting successful use of the samples by burden for this collection of information Announcement of the Quality Samples importers. Participants that are funded is estimated to average .183 hours per Program under this announcement may seek response. reimbursement for the sample purchase Respondents: Tart cherry growers and AGENCY: Commodity Credit Corporation, price and the costs of transporting the for-profit businesses handling fresh and USDA. samples domestically to the port of processed tart cherries produced in ACTION: Notice. export and then to the foreign port of Michigan, New York, Pennsylvania, entry. Transportation costs from the SUMMARY: The Commodity Credit Oregon, Utah, Washington, and foreign port, or point of entry to the Corporation is extending the time for Wisconsin. final destination will not be eligible for Estimated Number of Respondents: submission of proposals for the Fiscal reimbursement. CCC will not reimburse 943. Year 2003 Quality Samples Program. the costs incidental to purchasing and Estimated Number of Responses per DATES: Proposals will be accepted until transporting samples, for example, Respondent: 4.93. 5 p.m. Eastern Daylight Time, August inspection or documentation fees. Estimated Total Annual Burden on 18, 2003. Although providing technical assistance Respondents: 852 hours. FOR FURTHER INFORMATION CONTACT: is required for all projects, CCC will not Comments: Comments are invited on: Marketing Operations Staff, Foreign reimburse the costs of providing (1) Whether the proposed collection of Agricultural Service, U.S. Department of technical assistance. A QSP participant the information is necessary for the Agriculture, Room 4932–S, STOP 1042, will be reimbursed after CCC reviews its proper performance of the functions of 1400 Independence Ave., SW., reimbursement claim and determines the agency, including whether the Washington, DC 20250–1042, (202) 720– that the claim is complete. information will have practical utility; 4327. QSP agreements are subject to review (2) the accuracy of the agency’s estimate SUPPLEMENTARY INFORMATION: and verification by the Foreign of the burden of the proposed collection Agricultural Service’s Compliance of information including the validity of Introduction Review Staff. Upon request, a QSP the methodology and assumptions used; On January 17, 2003, the Commodity participant shall provide to CCC the (3) ways to enhance the quality, utility Credit Corporation (CCC) announced in original documents which support the and clarity of the information to be the Federal Register (68 FR 2487) that participant’s reimbursement claims.

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CCC may deny a claim for achieve the project goal (e.g., not more • A description of the organization’s reimbursement if the claim is not than a full commercial mill run in the experience in implementing an supported by adequate documentation. destination country). appropriate trade/technical assistance Cash advances will not be made QSP projects shall target foreign component; available to any QSP participant. importers and target audiences who: (b) Market information, including: This notice supersedes any prior • Have not previously purchased the • An assessment of the market; notices concerning the QSP. U.S. commodity which will be • A long-term strategy in the market; transported under the QSP; and Authority • Are unfamiliar with the variety, • U.S. export value/volume and The QSP is authorized under section quality attribute, or end-use market share (historic and goals) for 5(f) of the CCC Charter Act, 15 U.S.C. characteristic of the U.S. commodity 1999–2004; 714c(f). which will be transported under the (c) Project information, including: QSP; • A brief project title; Available Funds • Have been unsuccessful in previous • Amount of funding requested; $1.1 million of cost-share assistance attempts to import, process, and market • A brief description of the specific may be obligated under this the U.S. commodity which will be market development trade constraint or announcement. transported under the QSP (e.g., because opportunity to be addressed by the of improper specification, blending, or project, performance measures for the General Scope of QSP Projects formulation; or sanitary or years 2003–2005 which will be used to QSP projects are the activities phytosanitary (SPS) issues); measure the effectiveness of the project, undertaken by a QSP participant to • Are interested in testing or a benchmark performance measure for provide an appropriate sample of a U.S. demonstrating the benefits of the U.S. 2002, the viability of long-term sales to agricultural commodity to a foreign commodity which will be transported this market, the goals of the project, and importer, or a group of foreign under the QSP; or the expected benefits to the represented • importers, in a given market. The Need technical assistance in industry; purpose of the project is to provide processing or using the U.S. commodity • A description of the activities information to an appropriate target which will be transported under the planned to address the constraint or audience regarding the attributes, QSP. opportunity, including how the sample characteristics, and proper use of the Under this announcement, the will be used in the end-use performance U.S. commodity. A QSP project number of projects per participant will trial, the attributes of the sample to be addresses a single market/commodity not be limited. However, individual demonstrated and their end-use benefit, combination. As a general matter, QSP projects will be limited to $75,000 of and details of the trade/technical projects should conform to the QSP reimbursement. Projects comprised servicing component (including who following guidelines: of technical preparation seminars, that will provide and who will fund this • Projects should benefit the is, projects that do not include further component); represented U.S. industry and not a processing or substantial • A sample description (i.e., specific company or brand; transformation, will be limited to commodity, quantity, quality, type, and • Projects should develop a new $15,000 of QSP reimbursement because grade), including a justification for market for a U.S. product, promote a these projects require smaller samples. selecting a sample with such new U.S. product, or promote a new use Proposal Process characteristics (this justification should for a U.S. product, rather than promote In order to be considered for explain in detail why the project could the substitution of one established U.S. participation in the QSP, interested not be effective with a smaller sample); product for another; • An itemized list of all estimated • Sample commodities provided parties should submit proposals to FAS as described in this notice. QSP costs associated with the project for under a QSP project must be in proposals must contain complete which reimbursement will be sought; sufficient supply and available on a information about the proposed and commercial basis; • The importer’s role in the project projects. Applicants should follow the • Each QSP project must either regarding handling and processing the subject the commodity sample to further application procedures contained in this notice. commodity sample; processing or substantial transformation Entities interested in participating in (d) Information indicating all funding in the importing country, or the sample the QSP are not required to submit sources and amounts to be contributed must be used in technical seminars proposals in any specific format; by each entity that will supplement designed to demonstrate to an however, FAS recommends that implementation of the proposed project. appropriate target audience the proper proposals contain, at a minimum, the This may include the organization that preparation or use of the sample in the following: submitted the proposal, private industry creation of an end product; entities, host governments, foreign third • (a) Organizational information, Samples provided in a QSP project including: parties, CCC, FAS, or other Federal shall not be directly used as part of a • Organization’s name, address, Chief agencies. Contributed resources may retail promotion or supplied directly to Executive Officer (or designee), and include cash, goods, and services. consumers. However, the end product, Federal Tax Identification Number Review Process that is, the product resulting from (TIN); further processing, substantial • Type of organization; Proposals will be evaluated by the transformation, or a technical seminar, • Name, telephone number, fax applicable FAS commodity division. may be provided to end use consumers number, and e-mail address of the The divisions will review each proposal to demonstrate to importers consumer primary contact person; against the factors described below. preference for that end product; and • A description of the organization The purpose of this review is to • Samples shall be in quantities less and its membership; identify meritorious proposals, than a typical commercial sale and • A description of the organization’s recommend an appropriate funding limited to the amount sufficient to prior export promotion experience; and level for each proposal based upon these

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factors, and submit the proposals and agreement (organizations should SW., Washington, DC 20250–1042, or funding recommendations to the Deputy endeavor to ship commodities within 6 telephone: (202) 720–4327. Administrator, Commodity and months of effective date of agreement), SUPPLEMENTARY INFORMATION: To be Marketing Programs. compliance with cargo preference considered for participation in the FAS will use the following criteria in requirements (shipment on United Technical Assistance for Specialty evaluating proposals: States flag vessels, as required), Crops (TASC) program, interested • The ability of the organization to compliance with the Fly America Act parties should submit, via a commercial provide an experienced staff with the requirements (shipment on United delivery service (including FedEx, DHL, requisite technical and trade experience States air carriers, as required), timely etc.), proposals to: Director, Marketing to execute the proposal; and effective implementation of • Operations Staff, Foreign Agricultural The extent to which the proposal is technical assistance, and submission of Service, U.S. Department of Agriculture, targeted to a market in which the United a written evaluation report within 90 Room 4932–S, Stop 1042, 14th and States is generally competitive; days of expiration of the agreement. • Independence Avenue, SW., The potential for expanding Evaluation reports should address all Washington, DC 20250–1042. All commercial sales in the proposed performance measures which were proposals must be received by 5 p.m. market; presented in the proposal. Eastern Daylight Time, August 18, 2003. • The nature of the specific market Although entities interested in constraint or opportunity involved and Closing Date for Proposals participating in the TASC program are how well it is addressed by the To be considered for participation in not required to submit proposals in any proposal; the QSP, interested parties should specific format, all proposals must • The extent to which the importer’s submit, via a commercial delivery contain complete information about the contribution, in terms of handling and service (including FedEx, DHL, etc.), proposed projects as described in the processing, enhances the potential proposals to: Director, Marketing final rule, published elsewhere in this outcome of the project; Operations Staff, Foreign Agricultural issue, that establishes the program. • The amount of reimbursement Service, U.S. Department of Agriculture, requested and the organization’s Room 4932–S, Stop 1042, 14th and Dated: July 11, 2003. willingness to contribute resources, Independence Avenue, SW., A. Ellen Terpstra, including cash and goods and services Washington, DC 20250–1042. All Administrator, Foreign Agricultural Service, of the U.S. industry and foreign third proposals must be received by 5 p.m. and Vice President, Commodity Credit parties; and Eastern Daylight Time, August 18, 2003. Corporation. • How well the proposed technical [FR Doc. 03–18267 Filed 7–17–03; 8:45 am] Dated: July 11, 2003. assistance component assures that BILLING CODE 3410–10–P performance trials will effectively A. Ellen Terpstra, demonstrate the intended end-use Administrator, Foreign Agricultural Service and Vice President, Commodity Credit DEPARTMENT OF AGRICULTURE benefit. Corporation. Highest priority for funding under this announcement will be given to [FR Doc. 03–18268 Filed 7–17–03; 8:45 am] Farm Service Agency meritorious proposals which target BILLING CODE 3410–10–P countries which meet either of the Notice of Request for Revision and Extension of Currently Approved following criteria: DEPARTMENT OF AGRICULTURE • Per capita income less than $9,265 Information Collection—Emergency Farm Loan Program (the ceiling on upper middle income Commodity Credit Corporation economies as determined by the World AGENCY: Farm Service Agency, USDA. Bank [World Development Indicators Announcement of the 2003/2004 ACTION: Notice and request for 2001]); and population greater than 1 Technical Assistance for Specialty comments. million. Proposals may address suitable Crops Program regional groupings, for example, the SUMMARY: In accordance with the AGENCY: Commodity Credit Corporation, islands of the Caribbean Basin; or Paperwork Reduction Act of 1995, this USDA. • U.S. market share of imports of the notice announces the intent of Farm ACTION: commodity identified in the proposal of Notice. Service Agency (FSA) to request an 10 percent or less. SUMMARY: Commodity Credit extension of currently approved Agreements Corporation has published elsewhere in information collections used in support of FSA’s Emergency Loan Program. Following approval of a proposal, this issue a final rule establishing the DATES: Comments on this notice must be CCC will enter into an agreement with ‘‘Technical Assistance for Specialty received on or before September 16, the organization that submitted the Crops’’ program to help open, retain, 2003 to be assured consideration. proposal. Agreements will incorporate and expand markets for U.S. specialty the details of each project as approved crops. FOR FURTHER INFORMATION CONTACT: by FAS. Each agreement will identify DATES: Proposals will be accepted Janet Downs, Senior Loan Officer, terms and conditions pursuant to which between July 18, 2003 and 5 p.m. USDA, Farm Service Agency, Loan CCC will reimburse certain costs of each Eastern Daylight Time, August 18, 2003. Making Division, 1400 Independence project. Agreements will also outline the Proposals will be reviewed, and funding Avenue, SW., Stop 0522, Washington, responsibilities of the participant, decisions will be made, as proposals are DC 20250–0522; Telephone (202) 720– including, but not limited to, received. 0599; e-mail: _ procurement (or arranging for FOR FURTHER INFORMATION CONTACT: janet [email protected]. procurement) of the commodity sample Marketing Operations Staff, Foreign SUPPLEMENTARY INFORMATION: at a fair market price, arranging for Agricultural Service, Room 4932–S, Title: 7 CFR 764, Emergency Farm transportation of the commodity sample Stop 1042, U.S. Department of Loans. within the time limit specified in the Agriculture, 1400 Independence Ave., OMB Control Number: 0560–0159.

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Expiration Date of Approval: 01/31/ Signed in Washington, DC on July 10, form and instruction should be directed 2004. 2003. to Edward Speshock, (703) 305–2383. Type of Request: Extension of James R. Little, SUPPLEMENTARY INFORMATION: Currently Approved Information Administrator, Farm Service Agency. Title: Performance Reporting System, Collection. [FR Doc. 03–18194 Filed 7–17–03; 8:45 am] Management Evaluation, Data Analysis, Abstract: The information collected BILLING CODE 3410–05–P and Corrective Action. under control number 0560–0159 is OMB Number: 0584–0010. needed for FSA to effectively administer Expiration Date: Reinstatement the Emergency Loan Program in DEPARTMENT OF AGRICULTURE requested. Type of Request: Reinstatement, with accordance with the requirements of 7 Food and Nutrition Service CFR 764 as authorized by the change, to a previously approved collection for which approval has Consolidated Farm and Rural Agency Information Collection expired. Development Act (CONACT). The Activities: Proposed Collection; collected information is submitted to Abstract: The purpose of the Comment Request; Performance Performance Reporting System (PRS) is the Agency loan official by loan Reporting System, Management applicants and commercial lenders for to ensure that each State agency and Evaluation, Data Analysis, and project area is operating the Food Stamp use in making program eligibility and Corrective Action financial feasibility determinations as Program in accordance with the required by the CONACT. AGENCY: Food and Nutrition Service, requirements of the Food Stamp Act of 1977 (the Act) (7 U.S.C. 2011, et seq.), Estimate of Burden: Public reporting USDA. ACTION: Notice. as amended, and corresponding burden for this collection of information program regulations. Under Section 11 is estimated to average .77 hours per SUMMARY: In accordance with the of the Act (7 U.S.C. 2020), State agencies response. Paperwork Reduction Act of 1995, this must maintain necessary records to Respondents: Individual farmers and notice invites the general public and ascertain that the Food Stamp Program commercial lenders. other public agencies to comment on a is operating in compliance with the Act Estimated Number of Respondents: proposed information collection. The and regulations and must make these 4,961. proposed collection would be a records available to the Food and Estimated Number of Responses per reinstatement of a collection which has Nutrition Service (FNS) for inspection Respondent: 1. expired. The expired collection was and audit. Estimated Total Annual Burden on previously approved under OMB No. Management Evaluation (ME) Review Respondents: 3,816. 0584–0010. Schedules—Unless the State receives Comments are sought on these DATES: Written comments must be approval for an alternative Management requirements including: (a) If the submitted on or before September 16, Evaluation review schedule, each State collection of information is necessary 2003. agency is required, under 7 CFR part for the proper performance of the ADDRESSES: Comments are invited on: 275, to submit one review schedule functions of the Agency, including (a) Whether the proposed collection of every one, two, or three years, whether the information will have information is necessary for the proper depending on the project area make-up practical utility, (b) the accuracy of the performance of the functions of the of the State. Agency’s estimate of burden including agency, including whether the Data Analysis—Under 7 CFR part 275, the validity of the methodology and information has practical utility; (b) the each State must establish a system for assumptions used, (c) ways to enhance accuracy of the agency’s estimate of the analysis and evaluation of all data the quality, utility and clarity of the burden of the proposed collection of available to the State. Data analysis and information being collected, and (d) information, including the validity of evaluation is an ongoing process that ways to minimize the burden of the the methodology and assumptions used; facilitates the development of effective collection of information on those who (c) ways to enhance the quality, utility, and prompt corrective action. Corrective Action Plans—Under 7 are to respond, including through the and clarity of the information to be CFR part 275, State agencies must use of appropriate automated, collected; (d) ways to minimize the prepare a corrective action plan (CAP) electronic, mechanical, or other burden of the collection of information addressing identified deficiencies. The technological collection techniques or on those who are to respond, including State agencies must develop a system other forms of information technology. the use of appropriate automated, for monitoring and evaluating corrective These comments should be sent to the electronic, mechanical, or other action and submit CAP updates, as Desk Officer for Agriculture, Office of technological collection techniques or necessary. Information and Regulatory Affairs, other forms of information technology. Affected Public: State agencies. Office of Management and Budget, Comments may be sent to Edward Estimated Number of Respondents: 52 Washington, DC 20503 and to Janet Speshock, Senior Program Analyst, State agencies, Guam and the Virgin Downs, USDA, FSA, Farm Loan State Administration Branch, Food Islands. Programs, Loan Making Division, 1400 Stamp Program, Food and Nutrition Number of responses per respondent: Independence Avenue, SW., Stop 0522, Service, U. S. Department of 1.0. Washington, DC 20250–0522. Copies of Agriculture, 3101 Park Center Drive, Estimated total annual responses: 54. the information collection may be Alexandria, VA 22302. Hours per response: 7.5. obtained from Janet Downs at the above All responses to this notice will be Number of record keepers: 405. address. Comments regarding summarized and included in the request Estimated annual hours per record paperwork burden will be summarized for OMB approval. All comments will keepers: 54. and included in the request for OMB also become a matter of public record. Estimated annual record keeping approval of the information collection. FOR FURTHER INFORMATION CONTACT: burden: 27 hours. All comments will also become a matter Requests for additional information or Total annual reporting and record of public record. copies of the information collection keeping burdens: 432.

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Dated: July 11, 2003. approved plans that funded ‘‘hazardous subdivisions within the forest boundary. Roberto Salazar, fuel reduction’’ near urban interface The extensive development and high Administrator, Food and Nutrition Service. areas. recreation use have also increased the [FR Doc. 03–18240 Filed 7–17–03; 8:45 am] The National Fire Plan directs Federal threat of human-caused fires. A high BILLING CODE 3410–30–P agencies within USDA/USDI to engage intensity fire occurring within this area states and local communities in would cause significant damage to reducing forest fuels, using a variety of property and natural resources. DEPARTMENT OF AGRICULTURE fuel reduction treatments (mechanical, Reducing the risk of wildfires in these prescribed fire and intensive manual areas would provide the best Forest Service treatment). Hazardous fuel reduction is opportunity to protect National Forest a critical investment necessary to reduce lands and adjacent private properties. Dixie National Forest, Utah, Duck fire risk and fire suppression costs into The Forest Service has determined that Creek Fuels Treatment Analysis the future and is focused on areas near the fuels treatment objectives will be met without harvesting trees over nine AGENCY: Forest Service, USDA. communities and interface areas that the States have judged to be in harm’s way inches in diameter. ACTION: Notice of Intent to prepare an of a wildfire. Purpose and Need for Action. The Environmental Impact Statement. The analysis area of 25,741 acres of purpose of this project is to modify existing, high fuel loads that influence SUMMARY: The USDA Forest Service will National Forest System lands is located fire behavior in National Forest lands prepare an Environmental Impact thirty miles east of Cedar City, Utah. adjacent to private lands in the Duck Statement (EIS) to implement fuels The analysis area includes six tracts of Creek area. There is a need to reduce treatments in the Duck Creek area, private lands which are surrounded by minute, hour, ten-hour and hundred- within the Cedar City Ranger District, National Forest lands. The tracts are hour fuels adjacent to private property Dixie National Forest, Utah. A Notice of subdivided into residential lots and and in the defensible fire space zone. Intent for this project was published in contain an estimated 1,900 homes and There is a need to change the structure the Federal Register May 23, 2002. This 10 businesses. The specific subdivisions are as follows: and composition of the fuels throughout Notice of Intent is a revision to change the project area, especially in aspen- the dates of the EIS and minor Legal location dominated sites. There is a need to corrections of acreages. The agency (approximate) change the characteristics of the gives notice of the full environmental Subdivision Salt Lake Base Meridian residual trees by removing ladder fuels analysis and decision-making process from the ground to eight feet high. that will occur on the proposal so that Changing these fuels characteristics and interested and affected people may 1. Meadow View T38S R7W Sec 6. Heights. reducing the fuel loads would help become aware of how they can 2. Mirror Lake ...... T38S R7W Sec 5, 8. reduce the risk of property damage and participate in the process and contribute 3. Movie Ranch ...... T38S R7W Sec 7. allow sufficient time for firefighters to to the final decision. 4. Movie Ranch T38S R7W Sec 7. directly attack and control a wildfire DATES: Comments concerning the scope South. before housing and other developments of the analysis must be received within 5. Color Country ...... T38S R7W Sec 8, 17. are threatened or destroyed. The fuel thirty days after publication of this 6. Timber Trails ...... T38S R7W Sec 7, 17, 18. elements that need to be treated are as Notice Of Intent in the Federal Register. 7. Ponderosa Villa .... T38S R7W Sec 16. follows: The draft environmental impact 8. Strawberry Valley T38S R7W Sec 20, Element 1—Ground Fuels Reduction. statement is expected in September, 21. Current fuel loads adjacent to private 2003. The final environmental impact 9. Swains Creek ...... T38S R7W Sec 26, 2. lands range from 20–50 tons per acre. statement is expected in December, 10. Blackman Hill ...... T38S R7W Sec 26, The desired condition of the area 2003. 27. immediately surrounding the 11. Harris Springs ..... T38S R7W Sec 26. ADDRESSES: Send written comments to: subdivisions, Defensible Fire Space 12. Swains Creek T38S R7W Sec 33, (DFS), is to have fuel loads reduced to Duck Creek Fuels Treatment Analysis Pines. 34. Coordinator, Cedar City Ranger District, 13. Ponderosa Ranch T38S R7W Sec 24; 5–10 tons per acre, a level that would Dixie National Forest, 1789 T38S R6W Sec 19. not sustain a high intensity wildfire. The current fuel loads range from 20– Wedgewood, Cedar City, Utah 84720. 14. Zion View Mtn T38S R8W Sec 2. Estates. 50 tons per acre in the general forest FOR FURTHER INFORMATION CONTACT: 15. Duck Creek Pines T38S R7W Sec 7. area outside of the DFS. Reducing the Duck Creek Fuels Treatment Analysis fuel loads in the general forest area to Coordinator, Cedar City Ranger District, The private lands were designated an 10–15 tons per acre would slow the Dixie National Forest, 1789 ‘‘urban interface community at risk from spread of fire and would reduce the Wedgewood, P.O. Box 627, Cedar City, wildfires on National Forest lands’’ by potential for a fire to spread into the Utah 84720. the Chief of the Forest Service (Federal crowns of the trees. SUPPLEMENTARY INFORMATION: The Register / Vol. 66, No. 160 / Friday, Element 2—Ladder Fuels Reduction. proposed treatments will implement August 17, 2001 / Notices). This Lower branches and small trees direction in the National Fire Plan, a designation meant that Federal funds currently extend from the ground USDA/USDI effort to reduce impacts of from the National Fire Plan could be upward, creating the ladder a fire would wildfires on people and resources. In spent to reduce fuels on National Forest climb to reach higher crowns. Ladder August, 2000 President Clinton directed lands adjacent to the private lands. fuels have increased dramatically as the Secretaries of Agriculture and Historic prevention and suppression ponderosa pine trees with small crowns Interior to reduce the impacts of of wildfire has resulted in ever- and few lower branches have been wildland fires on rural communities. increasing accumulations of forest fuels. replaced by fir and spruce that have The Secretaries subsequently developed These buildups of forest fuels increase large crowns and branches extending to the National Fire Plan. This direction the risk of high intensity fires to the the ground. Fire suppression has also was followed by congressionally- National Forest and to large private resulted in a dense understory of young

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trees that contribute to the fire ladder. Forest lands south and west of the conditions would not be substantially The desired condition within the DFS is private subdivisions. Spruce/fir stands changed and natural processes would to effectively prevent a ground fire from have major components of Engelmann continue. This alternative will be fully climbing into upper tree crowns. spruce and subalpine fir with minor evaluated and described. Element 3—Retention of Fire Tolerant components of ponderosa pine, Proposed Action (as described above). Species. Aspen is naturally regenerated Colorado blue spruce, Douglas-fir and Additional Alternatives—Additional by wildfire, and therefore is considered white fir. Fuel loads will be reduced by alternatives may be developed in a fire-tolerant species. Aspen stands cutting subalpine fir, white fir and response to issues and resource within the watershed are being Douglas-fir under nine inches in conditions evaluated through the encroached upon by tree species such as diameter. Engelmann spruce, Colorado analysis. spruce and fir, which are fire intolerant blue spruce and ponderosa pine trees Responsible Official: The responsible species. Stands with a high density of under nine inches in diameter will be official for this EIS and the Record of aspen act as natural firebreaks or areas retained in this area in order to maintain Decision is: Robert A. Russell, Forest where fire activity is slowed. Aspen is a spruce component into the future. Supervisor, Dixie National Forest, 1789 a short-lived species that requires Limbs, existing ground fuels and slash Wedgewood, PO Box 627, Cedar City, disturbance in order to regenerate; will be disposed of by piling/burning or Utah 84720–0627; FAX: (435) 865–3791. without disturbance, these stands will chipping. Nature of Decision To Be Made: The eventually be taken over by conifers, 4. Aspen treatments. Regenerate and Responsible Official will decide eliminating the aspen from the area. maintain stands dominated by aspen in whether forest fuels treatment would be Conifer encroachment increases fire approximately 2,366 acres of National conducted to reduce risks from wildfires susceptibility and fire behavior within Forest lands south and west of the to the National Forest and to private these stands. Maintaining aspen stands private subdivisions by cutting lands held within the National Forest; would help slow the spread of fires that Engelmann spruce, Colorado blue and, if so, what extent and types of may occur. The desired condition is to spruce, subalpine fir and white fir trees treatments should be done. regenerate and maintain aspen stands. under nine inches in diameter and Scoping Process: Public participation Proposed Action: The Forest Service underburning fuels. Slash will be pulled was initiated through scoping in proposes to treat fuels in timber stands ″ away from mature (over 18 diameter) October, 2001. A scoping notice was located in Kane County, Utah, Salt Lake ponderosa pine and Douglas-fir trees to sent to 2,796 individuals and Base Meridian, T38S R8W, T38S R7W, provide partial protection from organizations who are potentially T39S R8W, T39S R7W and T38S R6W. prescribed fire. Aspen, a short-lived affected parties and those currently on The specific fuels treatments are as species that acts to slow the spread of the Dixie National Forest mailing list follows: wildfire, requires periodic disturbance that have expressed interest in natural 1. Defensible fire space treatments. to induce new growth. Underburning resource projects. Two public meetings Establish a defensible fire space (DFS) will result in stimulating and were held (October 27, November 1). in National Forest lands from 500′– regenerating the aspen. A prescribed fire Comments and issues were received in 2000′ wide immediately surrounding plan will be developed prior to response to these public contacts. private lands with subdivisions. The underburning. The plan will outline area to be treated in the DFS is appropriate burning conditions and fire Scoping will continue. Public approximately 2,724 acres. To reduce control methods to be implemented to participation is especially important the risk of a wildfire reaching or insure the prescribed fire is confined to during scoping and review of the draft spreading through tree crowns within the area to be treated. EIS. Individuals, organizations, federal, the DFS, intensive fuels removal Fuels and slash piling may be done by state, and local agencies who are treatments will be conducted by cutting machine, except where Forest Plan interested in or affected by the decision all conifer trees under nine inches in standards for soils or slope dictate are invited to participate in the scoping diameter and pruning limbs under eight otherwise. Piles will be burned. The process. This information will be used feet high on conifer trees to reduce transportation system required to treat in the preparation of the draft EIS. ladder fuels. Limbs, existing ground or remove fuels is in place. No new Preliminary Issues. The following fuels and slash will be disposed of by roads would be constructed with this issues were identified through public piling/burning or chipping. project. Riparian areas along perennial scoping and internal resource analyses: 2. Mixed conifer treatments. Reduce streams would be protected with a 300- 1. The proposed fuels treatments fuel loads and favor the establishment of foot no-treatment buffer along the edges. would reduce travel corridors for big ponderosa pine on approximately 7,352 Riparian areas along ephemeral streams game (e.g. elk and deer) and birds and acres of mixed conifer stands in would be thinned, but piling and small mammals (e.g. turkey, grouse, red National Forest lands south and west of burning would occur at least 50 feet squirrels and flying squirrels) by the private subdivisions. Mixed conifer away from the channel. No treatment substantially fragmenting habitat stands have major components of would occur within 100 feet of springs throughout the project area. ponderosa pine, white fir and Douglas- in order to protect water sources, soils 2. The proposed fuels treatments fir with minor components of subalpine that are wet and sensitive to would remove understory trees and fir, Engelmann spruce and Colorado compaction, and riparian habitat. The limbs, which are used by juvenile blue spruce. Fuel loads will be reduced project will be implemented in goshawks within nest areas and by cutting white fir, Douglas-fir, accordance with direction in the Dixie flammulated owls as roosting habitat. subalpine fir, Engelmann spruce and National Forest Land and Resource 3. The proposed fuels treatments Colorado blue spruce trees under nine Management Plan. would create openings in the forest and inches in diameter. Limbs, existing Possible Alternatives: Three or more increase sight distance from the homes ground fuels and slash will be disposed alternatives will be considered in the within the subdivision into the forest. of by piling/burning or chipping. analysis. This would change the visuals/ 3. Spruce/fir treatments. Reduce fuel No action. Under this alternative, the aesthetics of the area by reducing or loads on approximately 947 acres of proposed fuels treatments will not be eliminating the ‘‘vegetative screening’’ spruce/fir conifer stands in National completed. The current forest fuels that many residents value.

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4. Older stands of aspen would be appears in the Federal Register. decision regarding the proposal. The regenerated and replaced by younger Comments on the draft EIS should be as Responsible Official will document the stands of aspen, reducing and/or specific as possible and may address the decision and rationale for the decision changing the aesthetic value of these adequacy of the statement or the merits in a Record of Decision. The final EIS stands. Older trees with large, white of the alternatives discussed (Reviewers is scheduled for completion in January, boles would be replaced by thickets of may wish to refer to the Council on 2003. The decision will be subject to seedlings and saplings in the short term. Environmental Quality Regulations for review under Forest Service Appeal Fall color viewing would also be implementing the procedural provisions Regulations. impacted. of the National Environmental Policy Dated: July 8, 2003. 5. The proposed fuels treatments Act at 40 CFR 1503.3 in addressing Robert A. Russell, would remove young trees and these points). seedlings from the spruce/fir stands, The Forest Service believes, at this Forest Supervisor, Dixie National Forest. resulting in the eventual loss of the early stage, it is important to give [FR Doc. 03–18176 Filed 7–17–03; 8:45 am] timber stand due to lack of regeneration. reviewers notice of several court rulings BILLING CODE 3410–11–P 6. The proposed fuels treatments are related to public participation in the too costly to implement. environmental review process. First, 7. The proposed fuels treatment reviewers of draft environmental impact DEPARTMENT OF AGRICULTURE would reduce or eliminate understory statements must structure their Natural Resources Conservation vegetation that serves as a barrier to off- participation in the environmental Service road motorized vehicles, especially by review of the proposal so that it is ATV’s (All Terrain Vehicles). meaningful and alerts an agency to the Notice of Proposed Changes to Comments Requested. Comments will reviewers’ position and contentions. Section IV of the Field Office Technical continue to be received and considered Vermont Yankee Nuclear Power Corp. v. Guide (FOTG) of the Natural Resources throughout the analysis process. NRDC, 435 U.S. 519, 553 (1978). Also, Conservation Service in Indiana Comments received in response to this environmental objections that could notice and through scoping, including have been raised at the draft AGENCY: Natural Resources names and addresses of those who environmental impact statement stage Conservation Service (NRCS). comment, will be considered part of the but that are not raised until after ACTION: Notice of availability of public record of this proposed action completion of the final environmental proposed changes in Section IV of the and will be available for public impact statement may be waived or FOTG of the NRCS in Indiana for review inspection. Comments submitted dismissed by the courts. City of Angoon and comment. anonymously will be accepted and v. Hodel, (9th Circuit, 1986) and considered; however, those who submit Wisconsin Heritages, Inc. v. Harris, 490 SUMMARY: It is the intention of NRCS in anonymous comments will not have F. Supp.1334. 1338 (E.D. Wis. 1980). Indiana to issue three revised standing to appeal the subsequent Because of these court rulings, it is very conservation practice standards in decision under 36 CFR parts 215 or 217. important that those interested in this Section IV of the FOTG. The revised Additionally, pursuant to 7 CFR 1.27(d), proposed action participate by the close standards are: Critical Area Planting any person may request the agency to of the 45-day comment period so that (342), Structure for Water Control (587), withhold a submission from the public substantive comments and objections and Terrace (600). These practices may record by showing how the Freedom of are made available to the Forest Service be used in conservation systems that Information Act (FOIA) permits such at the time it can meaningfully consider treat highly erodible land and/or confidentiality. Persons requesting such them and respond to them in the final wetlands. confidentiality should be aware that, environmental impact statement. DATES: Comments will be received for a under the FOIA, confidentiality may be To assist the Forest Service in 30-day period commencing with this granted in only very limited identifying and considering issues and date of publication. circumstances, such as to protect trade concerns about the proposed action, ADDRESSES: Address all requests and secrets. The Forest Service will inform comments on the draft environmental comments to Jane E. Hardisty, State the requester of the agency’s decision impact statement should be as specific Conservationist, Natural Resources regarding the request for confidentiality, as possible. It is also helpful if Conservation Service (NRCS), 6013 and where the request is denied, the comments refer to specific pages or Lakeside Blvd., Indianapolis, Indiana agency will return the submission and chapters of the draft statement. 46278. Copies of this standard will be notify the requester that the comments Comments may also address the made available upon written request. may be resubmitted with or without adequacy of the statement or the merits You may submit your electronic name and address within a specified of the alternatives formulated and requests and comments to number of days. discussed in the statement. Reviewers [email protected]. Early Notice of Importance of Public may wish to refer to the Council on Participation in Subsequent Environmental Quality Regulations for FOR FURTHER INFORMATION CONTACT: Jane Environmental Review: A draft implementing the procedural provisions E. Hardisty, 317–290–3200. environmental impact statement will be of the National Environmental Policy SUPPLEMENTARY INFORMATION: Section prepared for comment. The draft EIS is Act at 40 CFR 1503.3 in addressing 343 of the Federal Agriculture expected to be filed with the EPA these points. Improvement and Reform Act of 1996 (Environmental Protection Agency) and In the final EIS, the Forest Service is states that after enactment of the law, to be available for public review. At that required to respond to substantive revisions made to NRCS state technical time the EPA will publish a notice of comments and responses received guides used to carry out highly erodible availability of the draft EIS in the during the comment period that pertain land and wetland provisions of the law, Federal Register. The comment period to the environmental consequences shall be made available for public for the draft environmental impact discussed in the draft EIS and review and comment. For the next 30 statement will be forty-five days from applicable laws, regulations, and days, the NRCS in Indiana will receive the date the EPA’s notice of availability policies considered in making a comments relative to the proposed

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changes. Following that period, a broadband transmission service in rural DEPARTMENT OF AGRICULTURE determination will be made by the America. Twenty million dollars in NRCS in Indiana regarding disposition grant authority was made available to Rural Utilities Service of those comments and a final deploy broadband infrastructure to Public Television Station Digital determination of changes will be made. extremely rural, lower income Transition Grant Program Dated: July 7, 2003. communities on a ‘‘community-oriented Jane E. Hardisty, connectivity’’ basis. The ‘‘community- AGENCY: Rural Utilities Service, USDA. State Conservationist, Indianapolis, Indiana. oriented connectivity’’ concept ACTION: Notice of funds availability. integrates the deployment of broadband [FR Doc. 03–18347 Filed 7–17–03; 8:45 am] SUMMARY: The Rural Utilities Service BILLING CODE 3410–16–P infrastructure with the practical, everyday uses and applications of the (RUS) announces a new grant program to finance the conversion of television facilities. This broadband access is services from analog to digital DEPARTMENT OF AGRICULTURE intended to promote economic broadcasting for public television development and provide enhanced Rural Utilities Service stations serving rural areas. For Fiscal educational and health care Year 2003, $15 million in grants will be opportunities. RUS provided financial Broadband Pilot Grant Program made available through a national assistance to eligible entities that were competition to enable public television AGENCY: Rural Utilities Service, USDA. proposing to deploy broadband stations which serve substantial rural ACTION: Notice. transmission service in rural populations to continue serving their communities where such service did not coverage areas. SUMMARY: The Rural Utilities Service currently exist and who would connect DATES: Applications for grants will be (RUS) is announcing the process by the critical community facilities accepted as of the date of this notice which Fiscal Year 2003 funding of its including the local schools, libraries, through September 16, 2003. All pilot grant program for the provision of hospitals, police, fire, and rescue applications must be delivered to RUS broadband transmission service in rural services and who would operate a or bear postmark no later than America will be made available. For community center that provides free September 16, 2003. Comments Fiscal Year 2003, $10 million in grants and open access to residents. regarding the information collection will be made available through the requirements under the Paperwork further funding of the national In response to this NOFA, RUS Reduction Act must be received on or competition announced on July 8, 2002, received more than 300 applications before September 16, 2003, to be to provide broadband transmission totaling more than $185 million in assured of consideration. service on a ‘‘community-oriented funding requests. As part of a national connectivity’’ basis. The community- competition, RUS reviewed the ADDRESSES: Applications shall be oriented connectivity approach targets applications for eligibility and scored submitted to Roberta D. Purcell, rural, economically-challenged the applications according to the Assistant Administrator, communities and offers a means for the rurality of the project, the economic Telecommunications Program, Rural deployment of broadband transmission need of the project service area, and the Utilities Service, USDA, STOP 1590, 1400 Independence Avenue, SW., services to rural schools, libraries, community benefits to be derived from Washington, DC 20250–1590. education centers, health care providers, the proposed service. On May 16, 2003, FOR FURTHER INFORMATION CONTACT: law enforcement agencies, public safety Secretary of Agriculture, Ann Veneman, Roberta D. Purcell, Assistant organizations as well as residents and announced the 40 highest scoring grants Administrator, Telecommunications businesses. This all-encompassing totaling $20,184,642. This Program, Rural Utilities Service, STOP connectivity concept will give small, announcement fully utilized RUS’ 2002 1590, 1400 Independence Avenue, SW., rural communities a chance to benefit appropriation. from the advanced technologies that are Washington, DC 20250–1590, necessary to foster economic growth, Due to the overwhelming response to Telephone (202) 720–9554, Facsimile provide quality education and health the July 8, 2002, NOFA, RUS has (202) 720–0810. care opportunities, and increase and eligible applications on hand totaling SUPPLEMENTARY INFORMATION: enhance public safety efforts. more than the $10 million appropriation received for Fiscal Year 2003. To Information Collection and DATES: Successful grant applicants will Recordkeeping Requirements be notified no later than September 15, eliminate the need for fully eligible In accordance with the Paperwork 2003. applicants to resubmit applications for Fiscal Year 2003, RUS will utilize its Reduction Act of 1995 (44 U.S.C. FOR FURTHER INFORMATION CONTACT: 2003 appropriation by funding eligible chapter 35), RUS invites comments on Roberta D. Purcell, Assistant this information collection for which Administrator, Telecommunications projects submitted in accordance with the July 8, 2002 NOFA. Announcement RUS intends to request approval from Program, Rural Utilities Service, U.S. the Office of Management and Budget Department of Agriculture, 1400 of the 2003 appropriation grant awards will be made no later than September (OMB). These requirements are pending Independence Avenue, SW., STOP emergency clearance by OMB. 15, 2003. 1590, Room 4056, Washington, DC Comments on this notice must be 20250–1590. Telephone number (202) Dated: June 25, 2003. received by September 16, 2003. 720–9554, facsimile (202) 720–0810. Hilda Gay Legg, Comments are invited on (a) whether SUPPLEMENTARY INFORMATION: On July 8, Administrator, Rural Utilities Service. the collection of information is 2002, RUS published a Notice of Funds necessary for the proper performance of [FR Doc. 03–18191 Filed 7–17–03; 8:45 am] Availability (NOFA) in the Federal the functions of the agency, including Register at 67 FR 45079 announcing its BILLING CODE 3410–15–P whether the information will have ‘‘community-oriented connectivity’’ practical utility; (b) the accuracy of the pilot grant program for the provision of agency’s estimate of burden including

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the validity of the methodology and broadcasting systems to meet this goal. scoring factor for critical need will assumption used; (c) ways to enhance The Committee further recognizes that account for conditions that make these the quality, utility and clarity of the these stations will have considerable public television stations less likely to information to be collected; and (d) financial difficulty in meeting that accomplish the digital transition ways to minimize the burden of the deadline. without a grant. Public television stations rely largely collection of information on those who Definitions are to respond, including through the on community financial support to use of appropriate automated, operate. In many rural areas the cost of As used in this notice: electronic, mechanical, or other the transition to digital broadcasting Consortium means a combination or technological collection techniques or may exceed community resources. Since group of public television stations. other forms of information technology. rural communities depend on public Digital television, or DTV, means a Comments may be sent to F. Lamont television stations for services ranging new television system which will Heppe, Jr., Director, Program from educational course content in their replace the current analog system, Development and Regulatory Analysis, schools to local news, weather, and which was designed by and is referred Rural Utilities Service, U.S. Department agricultural reports, any disruption of to as the National Television Standards of Agriculture, 1400 Independence Ave., public television broadcasting would be Committee, or NTSC, system. The SW., Stop 1522, Room 4034 South detrimental. standard for digital television was Building, Washington, DC 20250–1522. Initiating a digital broadcast requires adopted by the Federal Communications Title: Public Television Station Digital the installation of a new antenna, Commission on December 24, 1996, Transition Grant Program. transmitter or translator, and new digital after being developed by the Advanced Type of Request: New collection. program management facilities Television Standards Committee, or Estimate of Burden: Public reporting consisting of processing and storage ATSC. burden for this collection of information systems. Public television stations use a Digital television coverage area means is estimated to average 21 hours per combination of transmitters and the geographic area that will be covered response. translators to serve the rural public. If by a public television station after its Respondents: Not-for-profit the public television station is to digital transition. This shall be defined institutions; State, Local or Tribal perform program origination functions, using the Irregular Terrain Model Government. as most do, digital cameras, editing and (Longley-Rice model) developed by and Estimated Number of Respondents: mastering systems are required. A new available from the National 50. studio-to-tower site communications Telecommunications and Information Estimated Number of Responses per link may be required to transport the Administration at http:// Respondent: 1.12. digital broadcast signal to each elbert.its.bldrdoc.gov/itm.html. For Estimated Total Annual Burden on transmitter and translator. The translators only, an applicant may Respondents: 1,168 hours. capability to broadcast some define the digital television coverage Copies of this information collection programming in a high definition area using an alternative means, which can be obtained from Michele Brooks, television format is inherent in the must be explained fully in the Program Development and Regulatory digital television standard, and this can application and is subject to acceptance Analysis, at (202) 690–1078. require additional facilities at the by the RUS. All responses to this information studio. These are the new components Digital transition means a conversion collection and recordkeeping notice will of the digital transition. from analog television broadcasting to be summarized and included in the In designing the national competition digital television broadcasting. To request for OMB approval. All for the distribution of these grant funds, perform the digital transition according comments will also become a matter of priority is given to public television to Federal Communications public record. stations serving the areas that would be Commission rules, a broadcaster must most unable to fund the digital initiate digital television broadcasting General Information transition without a grant. The largest while continuing to operate analog As part of the nation’s evolution to sources of funding for public television television broadcasting, to enable digital television, the Federal stations are public membership and viewers time to acquire digital Communications Commission has business contributions. In rural areas, television reception capability, and ordered all television broadcasters to lower population density reduces the subsequently discontinue analog initiate the broadcast of a digital field of membership, and rural areas television broadcasting. television signal by May 1, 2003, and to have fewer businesses per capita than Distance learning means a digital cease analog television broadcasts on urban and suburban areas. Therefore, public television broadcast from one December 31, 2006. About half of the rurality is a primary predictor of the area, whether rural or not, to a school, nation’s 357 public television stations need for grant funding for a public library, home, or other end-user site did not meet the deadline to initiate television station’s digital transition. In located in a rural area, for the purpose digital broadcasting, and have received addition, some rural areas have per of providing educational and cultural extensions to as late as May 1, 2004, to capita income levels that are lower than programming. do so. the national average, and public High definition television, or HDTV, The Agriculture, Rural Development, television stations covering these areas means an enhanced television service Food and Drug Administration, and in particular are likely to have difficulty which is authorized by the Federal Related Agencies Appropriations Bill, funding the digital transition. As a Communications Commission as part of 2003, authorized $51,941,000 for the result, the consideration of the per the digital television standard. Distance Learning and Telemedicine capita income of a public television Public television station means a program. The Committee station’s coverage area is a secondary television broadcast station, which Recommendations specify that of the predictor of the need for grant funding. (1)(A) under the rules and regulations of funds provided for Distance Learning Finally, some public television stations the Federal Communications and Telemedicine, $15,000,000 should may have, or may meet in their Commission in effect on November 2, be made available in grants for public communities, critical needs, and a third 1978, is eligible to be licensed as a

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noncommercial educational broadcast Maximum Amounts of Grants television station’s digital television station and which is owned and Grants shall be limited in amount to coverage area to the total population operated by a public agency or nonprofit $2 million where the applicant is an covered by the station’s digital private foundation, corporation, or individual public television station. television coverage area. Applicants association, or (B) is owned and Where the applicant is a consortium of shall calculate the rural ratio by operated by a municipality and which public television stations, the grant limit subtracting the populations of all urban transmits only noncommercial programs is the total of $2 million for the first areas within the digital television for education purposes, and which (2) station plus $1 million for each coverage area from the total population qualifies for Federal funding under additional public television station in of the digital television coverage area, section 396(k) of the Public the consortium, up to a maximum of $5 and dividing the total covered Broadcasting Act of 1967. Public million. Only one grant will be made to population into the covered rural television station facilities, for the a public television station or population. The result is rounded to the purposes of this Notice, include consortium. nearest whole percentage point. The associated television translators and score is computed as follows: Eligible Purposes of Grants studio-to-transmitter/translator (A) If the rural ratio is 50% or less, the communications links. (a) Digital transmitters and translators, application receives zero (0) points. including all facilities required to (B) If the rural ratio is 51% to 57%, Rural area means any area of the initiate DTV broadcasting. All broadcast the application receives ten (10) points. United States that is not in an urban facilities acquired with grant funds shall (C) If the rural ratio is 58% to 65%, area. be capable of delivering DTV the application receives twenty (20) Rural Utilities Service, or RUS, is an programming and HDTV programming, points. agency of the United States Department at both the interim and final channel (D) If the rural ratio is 66% to 74%, of Agriculture which will administer the and power authorizations. the application receives thirty-five (35) Public Television Station Digital (b) To be an eligible grant purpose, an points. Transition Grant Program. expenditure must be made after the (E) If the rural ratio is over 74%, the application deadline specified application receives fifty (50) points. Total project cost means the estimated (b) Per capita income (PCI) is a sum of expenditures necessary for a elsewhere in this Notice. Expenditures made prior to this deadline are not measure of the relative average earnings public television station to perform the of the population in the applicant’s digital transition for all of the rural eligible for funding. (c) Facilities for which other grant digital television coverage area. population in its digital television Applicants must use the per capita coverage area. This would include RUS funding has been approved are not eligible for funding under this program. personal income by county, as grant funds requested, and funding determined by the Bureau of Economic contributions for this purpose from Ineligible Purposes Analysis, U.S. Department of other organizations, including the Grant funds shall not be used to fund Commerce, at http://www.bea.doc.gov/ Federal government. ongoing operations or for facilities that bea/regional/reis/. The applicant shall Urban area means any area of the will not be owned by the applicant, compute the weighted average PCI for United States included within the except for leased facilities as provided its digital television coverage area by boundaries of any incorporated or above. Costs of salaries, wages, and averaging the PCIs for all counties unincorporated city, village, or borough employee benefits of public television within its digital television coverage having a population in excess of 20,000 station personnel are not eligible for area. The ratio of the applicant’s average inhabitants. funding under this program. PCI to the National Average Per Capita Income (NAPCI) is scored as follows: Applicant Eligibility Scoring Criteria for the Grant (1) If the PCI/NAPCI ratio is 80% or Competition Eligibility for grants is limited to greater, the application receives zero (0) Grants will be tested for applicant and public television stations that serve a points. project eligibility, and all applications (2) If the PCI/NAPCI ratio is 70% to rural area, and consortia of public found to be eligible will be scored. Each 79%, the application receives ten (10) television stations, where each public grant will be scored in three categories: points. television station in the consortium the rurality of the applicant’s digital (3) If the PCI/NAPCI ratio is 60% to serves a rural area. Public television television coverage area, the average per 69%, the application receives twenty stations which serve urban areas in capita income of the applicant’s digital (20) points. addition to a rural area are eligible to television coverage area, and critical (4) If the PCI/NAPCI ratio is less than apply for grants under this Notice. need. 60%, the application receives thirty-five Eligible Projects (a) Rurality is a measure of the rural (35) points. character of the applicant’s digital (c) Critical need is a measure of the Grants shall be made to enable television coverage area. Points are special difficulty an applicant may applicants to perform digital transitions scored through a two-step evaluation, as experience performing the digital of television broadcasting serving rural follows: transition, and the dependence the areas. Grant funds may be used to (1) If the total population in the applicant’s rural communities have on acquire, by purchase or lease, and applicant’s digital television coverage its services. This scoring category is install, facilities and software necessary area is less than 100,000, the application intended to account for factors not to the digital transition. Grant funds receives 50 points; covered by other categories. Up to may also be used for associated (2) If the total population in the fifteen (15) points may be scored where engineering and environmental studies applicant’s digital television coverage an applicant demonstrates, to the necessary to this implementation. When area is 100,000 or more, points are satisfaction of the RUS, that it cannot facilities are acquired by lease, up to scored based on the applicant’s rural make the digital transition without a three years’ lease costs shall be eligible ratio. The rural ratio is the ratio of the grant from RUS, and that rural for grant funding. rural population covered by a public education and other community service

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needs will go unmet as a result. An (h) If applicable, a presentation not to and the delivery of distance learning applicant should identify special exceed two pages demonstrating critical services to rural areas. characteristics unique to its digital need. Dated: July 11, 2003. television coverage area and its service (i) Evidence that the Federal Hilda Gay Legg, relationship with its viewers, such as: Communications Commission has Administrator, Rural Utilities Service. (1) Geographic or coverage authorized the initiation of digital characteristics of the public television broadcasting at each of the applicant’s [FR Doc. 03–18192 Filed 7–17–03; 8:45 am] station’s digital television coverage area transmitter and translator sites. In the BILLING CODE 3410–15–P that make the digital transition event that a Federal Communications unusually expensive; Commission construction permit has (2) A severe lack of specialized not been issued for one or more sites, COMMITTEE FOR PURCHASE FROM human resources (such as teachers) for the RUS may include those sites in the PEOPLE WHO ARE BLIND OR which digital educational television will grant, and make advance of funds for SEVERELY DISABLED compensate; that site conditional upon the Procurement List; Additions (3) Geographic isolation of submission of a construction permit. communities which will be overcome (j) Compliance with other Federal AGENCY: Committee for Purchase From with public television station services; statutes. The applicant must provide People Who Are Blind or Severely (4) Non-traditional community needs evidence of compliance with other Disabled. (such as adult vocational retraining) that Federal statutes and regulations, ACTION: Additions to Procurement List. may be met only with digital public including, but not limited to the television station broadcast capabilities; following: SUMMARY: This action adds to the (5) Economic conditions that place (1) Executive Order (E.O.) 11246, Procurement List services to be the applicant at a disadvantage in Equal Employment Opportunity, as furnished by nonprofit agencies raising local funding, but which are not amended by E.O. 11375 and as employing persons who are blind or reflected to the per capita income levels supplemented by regulations contained have other severe disabilities. scored above; and in 41 CFR part 60; EFFECTIVE DATE: August 17, 2003. (6) Historical events that have placed (2) Architectural barriers; ADDRESSES: Committee for Purchase the public television station in severe (3) Flood hazard area precautions; financial stress. From People Who Are Blind or Severely (4) Assistance and Real Property Disabled, Jefferson Plaza 2, Suite 10800, The Grant Application Acquisition Policies Act of 1970; 1421 Jefferson Davis Highway, The grant application shall include (5) Drug-Free Workplace Act of 1998 Arlington, Virginia, 22202–3259. the following: (41 U.S.C. 701); FOR FURTHER INFORMATION CONTACT: (a) An application for federal (6) E.O.s 12549 and 12689, Debarment Sheryl D. Kennerly, (703) 603–7740. assistance, Standard Form 424. and Suspension; and SUPPLEMENTARY INFORMATION: On May 2, (b) An executive summary, not to (7) Byrd Anti-Lobbying Amendment and May 9, 2003, the Committee for exceed two pages, describing the public (31 U.S.C. 1352). Purchase From People Who Are Blind television station, its service area and (k) Environmental impact and historic or Severely Disabled published notice offerings, its current digital transition preservation. The applicant must (68 FR 23441, and 24919) of proposed status, and the proposed project. provide details of the digital transition’s additions to the Procurement List. (c) Evidence of the applicant’s impact on the environment and historic After consideration of the material eligibility to apply under this Notice. preservation, and comply with 7 CFR presented to it concerning capability of (d) A spreadsheet showing the total part 1794, which contains RUS’ policies qualified nonprofit agencies to provide project cost, with a breakdown of items and procedures for implementing a the services and impact of the additions sufficient to enable RUS to determine variety of federal statutes, regulations, on the current or most recent item eligibility. and executive orders generally contractors, the Committee has (e) A map or maps, showing the pertaining to the protection of the determined that the services listed digital television coverage area for all of quality of the human environment. The below are suitable for procurement by the applicant’s transmitters and application shall contain a separate the Federal Government under 41 U.S.C. translators. section entitled ‘‘Environmental Impact 46–48c and 41 CFR 51–2.4. (f) The applicant’s estimated rurality of the Digital Transition.’’ This shall score, supported by a worksheet include the Environmental Regulatory Flexibility Act Certification showing the population of its digital Questionnaire/Certification, which is I certify that the following action will television coverage area, the derivation available from RUS, on which the not have a significant impact on a of the urban and rural components of applicant describes the impact of its substantial number of small entities. that population, and a map showing the digital transition. Submission of the The major factors considered for this digital television coverage area and all Environmental Questionnaire/ certification were: urban areas within its boundaries. Certification does not constitute 1. The action will not result in any Supporting information shall list the compliance with 7 CFR part 1794. additional reporting, recordkeeping or sources of all population and coverage other compliance requirements for small Grant Documents area information, and if the application entities other than the small includes computations made by a The terms and conditions of grants organizations that will furnish the consultant or other organization outside shall be set forth in grant documents services to the Government. the public television station, shall state prepared by RUS. The documents shall 2. The action will result in the details of that collaboration. require the applicant to own all authorizing small entities to furnish the (g) The applicant’s estimated per facilities financed by the grant. Among services to the Government. capita income ratio, supported by a other matters, RUS may prescribe 3. There are no known regulatory worksheet showing the averaging of the conditions to the advance of funds that alternatives which would accomplish PCIs for all counties served. address the construction of the project the objectives of the Javits-Wagner-

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O’Day Act (41 U.S.C. 46–48c) in FOR FURTHER INFORMATION CONTACT: Services connection with the services proposed Sheryl D. Kennerly, (703) 603–7740. Service Type/Location: Janitorial/ for addition to the Procurement List. SUPPLEMENTARY INFORMATION: This Custodial, National Personnel Records (End of Certification) notice is published pursuant to 41 U.S.C Center, St. Louis, Missouri Accordingly, the following services 47(a)(2) and 41 CFR 51–2.3. Its purpose NPA: Challenge Unlimited, Inc., Alton, are added to the Procurement List: is to provide interested persons an Illinois Contract Activity: GSA, Service Services opportunity to submit comments on the proposed actions. Contracts (6PEF–C), Kansas City, Service Type/Location: Custodial Missouri Services, Bureau of Engraving and Additions Service Type/Location: Mailroom Printing, Landover Warehouse If the Committee approves the Operation, Internal Revenue Service Facility, Landover, Maryland proposed additions, the entities of the Mailrooms, ServiceSource, Arlington, NPA: Davis Memorial Goodwill Federal Government identified in this Virginia (Prime Contractor) and at the Industries, Washington, DC notice for each product or service will following locations for the Nonprofit Contract Activity: Bureau of Engraving be required to procure the products and Agencies identified: Internal Revenue and Printing, Washington, DC services listed below from nonprofit Service Mailroom, Alliance Tower, Service Type/Location: Grounds agencies employing persons who are Houston, Texas NPA: Lighthouse for the Blind of Maintenance, Douglas Recreation blind or have other severe disabilities. Center, Garrison, North Dakota Houston, Houston, Texas; Internal NPA: MVW Services, Inc., Minot, North Regulatory Flexibility Act Certification Revenue Service Mailroom, Atlanta Dakota SE, Atlanta, Georgia I certify that the following action will Contract Activity: U.S. Army Corps of NPA: Bobby Dodd Institute, Inc., not have a significant impact on a Engineers-Omaha, Omaha, Nebraska Atlanta, Georgia; Internal Revenue Service Type/Location: Janitorial/ substantial number of small entities. Service Mailroom, Baltimore, Custodial, U.S. Army Reserve Center, The major factors considered for this Maryland Flint, Michigan certification were: NPA: Blind Industries & Services of NPA: Michigan Community Services, 1. If approved, the action will not Maryland, Baltimore, Maryland; Inc., Swartz Creek, Michigan result in any additional reporting, Internal Revenue Service Mailroom, Contract Activity: Headquarters, 88th recordkeeping or other compliance Boston, Massachusetts Regional Support Command, Fort requirements for small entities other NPA: Work, Incorporated, North Snelling, Minnesota than the small organizations that will Quincy, Massachusetts; Internal This action does not affect current furnish the products and services to the Revenue Service Mailroom, Buffalo, contracts awarded prior to the effective Government. New York date of this addition or options that may 2. If approved, the action will result NPA: Phoenix Frontier, Inc., Buffalo, be exercised under those contracts. in authorizing small entities to furnish New York; Internal Revenue Service the products and services to the Mailroom, Cincinnati, Ohio Sheryl D. Kennerly, Government. NPA: Ohio Valley Goodwill Industries Rehabilitation Center, Inc., Director, Information Management. 3. There are no known regulatory Cincinnati, Ohio; Internal Revenue [FR Doc. 03–18337 Filed 7–17–03; 8:45 am] alternatives which would accomplish Service Mailroom, Detroit, Michigan; BILLING CODE 6353–01–P the objectives of the Javits-Wagner- Internal Revenue Service Mailroom O’Day Act (41 U.S.C. 46–48c) in Computing Center, Detroit, MI connection with the products and COMMITTEE FOR PURCHASE FROM NPA: Jewish Vocational Service and services proposed for addition to the Community Workshop, Southfield, PEOPLE WHO ARE BLIND OR Procurement List. Comments on this SEVERELY DISABLED Michigan; Internal Revenue Service certification are invited. Commenters Mailroom, Headquarters, Washington, Procurement List; Proposed Additions should identify the statement(s) DC and New Carrollton, Maryland and Deletions underlying the certification on which (Contractor Owned & Operated) they are providing additional NPA: ServiceSource, Inc., Alexandria, AGENCY: Committee for Purchase From information. Virginia People Who Are Blind or Severely (End of Certification) NPA: Columbia Lighthouse for the Disabled. Blind, Washington, DC; Internal The following products and services ACTION: Proposed additions to and Revenue Service Mailroom, Denver, are proposed for addition to deletions from Procurement List. Colorado Procurement List for production by the NPA: Bayaud Industries, Inc., Denver, nonprofit agencies listed: SUMMARY: The Committee is proposing Colorado; Internal Revenue Service to add to the Procurement List products Products Mailroom, Greensboro, North Carolina and services to be furnished by NPA: Winston-Salem Industries for the nonprofit agencies employing persons Product/NSN: Remanufactured Ink Jet Blind, Winston-Salem, North who are blind or have other severe Cartridge (50% of the Government Carolina; Internal Revenue Service disabilities, and to delete a product Requirement) Mailroom, Hartford, Connecticut previously furnished by such agencies. 7510–01–443–2122 NPA: Easter Seals Greater Hartford Comments Must Be Received on or 7510–01–443–2123 Rehabilitation Center, Inc., Windsor, Before: August 17, 2003. Connecticut; Internal Revenue Service ADDRESSES: Committee for Purchase NPA: Work Transition Services, San Mailroom, Indianapolis, Indiana From People Who Are Blind or Severely Bruno, California NPA: GW Commercial Services, Inc., Disabled, Jefferson Plaza 2, Suite 10800, Contract Activity: Office Supplies & Indianapolis, Indiana; Internal 1421 Jefferson Davis Highway, Paper Products Acquisition Center, Revenue Service Mailroom, Laguna Arlington, Virginia 22202–3259. New York, NY Niguel, California

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NPA: Landmark Services, Inc., Santa Contract Activity: Naval Facilities Dated: July 15, 2003. Ana, California; Internal Revenue Engineering Command, Chesapeake, Molly Costa, Service Mailroom, Los Angeles, Washington, DC Industry Sector Manager, U.S. and Foreign California Commercial Service. Deletions NPA: Goodwill Industries of Southern [FR Doc. 03–18276 Filed 7–17–03; 8:45 am] California, Los Angeles, California; Regulatory Flexibility Act Certification BILLING CODE 3510–DR–M Internal Revenue Service Mailroom, I certify that the following action will North Florida; Internal Revenue not have a significant impact on a Service Mailroom, Modis Building, substantial number of small entities. DEPARTMENT OF COMMERCE Jacksonville, Florida The major factors considered for this Foreign-Trade Zones Board NPA: CCAR Services, Inc., Green Cove certification were: Springs, Florida; Internal Revenue 1. If approved, the action will not [Docket 34–2003] Service Mailroom, Nashville, result in any additional reporting, Tennessee recordkeeping or other compliance Foreign-Trade Zone 39—Dallas/Fort NPA: Goodwill Government Services, requirements for small entities. Worth, TX; Application for Subzone Inc., Nashville, Tennessee; Internal 2. If approved, the action will result Maxtor Corporation (Data Storage Revenue Service Mailroom, New in authorizing small entities to furnish Products) Coppell, TX Orleans, Louisiana the product to the Government. NPA: The Lighthouse for the Blind in 3. There are no known regulatory An application has been submitted to New Orleans, New Orleans, alternatives which would accomplish the Foreign-Trade Zones Board (the Louisiana; Internal Revenue Service the objectives of the Javits-Wagner- Board) by the Dallas/Fort Worth Mailroom, Oakland, California; O’Day Act (41 U.S.C. 46–48c) in International Airport Board, grantee of Internal Revenue Service Mailroom, connection with the product proposed FTZ 39, requesting special-purpose San Francisco, California for deletion from the Procurement List. subzone status for the assembly and NPA: Pacific Coast Community (End of Certification) warehousing facilities of Maxtor Services, Truckee, California; Internal The following product is proposed for Corporation (Maxtor), located in Revenue Service Mailroom, Oklahoma deletion from the Procurement List: Coppell, Texas. The application was City, Oklahoma submitted pursuant to the provisions of NPA: The Oklahoma League for the Product the Foreign-Trade Zones Act, as Blind, Oklahoma City, Oklahoma; Product/NSN: Scraper and Squeegee amended (19 U.S.C. 81a–81u), and the Internal Revenue Service Mailroom, 7920–00–045–2556 regulations of the Board (15 CFR part Philadelphia, Pennsylvania 400). It was formally filed on July 2, NPA: Horizon House, Inc., Philadelphia, NPA: L.C. Industries For The Blind, 2003. Pennsylvania; Internal Revenue Inc., Durham, North Carolina The Maxtor facility (18 acres, 245 Contract Activity: GSA, Southwest Service Mailroom, Phoenix, Arizona employees) is located at 611 South Supply Center, Fort Worth, Texas NPA: Goodwill Community Services, Royal Lane, Coppell, Texas. The facility Inc., Phoenix, Arizona; Internal Sheryl D. Kennerly, will be used for the assembly and Revenue Service Mailroom, South Director, Information Management. distribution of internal and external Florida, Plantation, Florida [FR Doc. 03–18336 Filed 7–17–03; 8:45 am] hard disk drive kits, retail kits and NPA: ServiceSource, Inc., Alexandria, BILLING CODE 6353–01–P accessory kits (HTS 8471.70 and Virginia; Internal Revenue Service 8471.80, duty-free). Components and Mailroom, Richmond, Virginia materials sourced from abroad NPA: Goodwill Services, Inc., DEPARTMENT OF COMMERCE (representing 97% of all parts used in Richmond, Virginia; Internal Revenue the assembly process) include: external Service Mailroom, Riverside, Chicago, Notice to Announce Secretary Evans, and internal drives, electrical power Illinois Oil and Gas Business Development supplies, electrical power cables, hard NPA: Jewish Vocational Service and Mission to Russia, September 21–25, disk drive controller cards, data cables, Employment Center, Chicago, Illinois; 2003; Correction printed circuit boards, cabling, plastic Internal Revenue Service Mailroom, covers, UV resin, brackets, tape, HDD Springfield, New Jersey AGENCY: Department of Commerce. screws, software, acrylic plates and NPA: New Jersey Association for the SUMMARY: The Department of Commerce packaging (HTS 3919.10, 3926.90, Deaf-Blind, Inc, Somerset, New Jersey; published a document in the Federal 4819.40, 4821.10, 4901.99, 7318.15, Internal Revenue Service Mailroom, Register of July 15, 2003, concerning 7326.90, 8471.70, 8471.80, 8473.30, St. Louis, Missouri notice to announce DOC Secretary 8504.40, 8524.31, 8524.91, 8544.41, NPA: MGI Services Corporation, St. Evans, Oil and Gas Business 8544.51, duty rate ranges from duty-free Louis, Missouri; Internal Revenue Development Mission to Russia, to 8.6%). Service Mailroom, St. Paul, Minnesota September 21–25, 2003. The document FTZ procedures would exempt NPA: Tasks Unlimited, Inc., contained incorrect Web site addresses. Maxtor from Customs duty payments on Minneapolis, Minnesota FOR FURTHER INFORMATION CONTACT: the foreign components used in export Contract Activity: U.S. Treasury, IRS Molly Costa, 202–482–0692. production. Some 6 percent of the Headquarters, Oxon Hill, Maryland plant’s shipments are exported. On its Service Type/Location: Reproduction Correction domestic sales, Maxtor would be able to and Courier Service; Naval Facilities In the Federal Register of July 15, choose the duty rates during Customs Engineering Command, Chesapeake, 2003, in FR Doc. 03–17807 (Vol. 68, No. entry procedures that apply to the Washington, DC 135), on page 41782, in the second assembled data storage kits (duty-free) NPA: Sheltered Occupational Center of column, correct the two references to for the foreign components noted above. Northern Virginia, Inc., Arlington, mission Web sites to: http:// The request indicates that the savings Virginia www.commerce.gov/russiamission2003. from FTZ procedures would help

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improve the plant’s international Constitution Avenue, NW, Washington, of this notice. Comments should be competitiveness. DC 20230. addressed to Import Administration’s In accordance with the Board’s SUPPLEMENTARY INFORMATION: Central Records Unit, Room 1870, U.S. regulations, a member of the FTZ staff Department of Commerce, 14th Street has been appointed examiner to INITIATION OF INVESTIGATION: and Constitution Avenue, NW, investigate the application and report to The Petition Washington, DC 20230. The period of the Board. scope consultations is intended to On June 23, 2003, the Department of Public comment is invited from provide the Department with ample Commerce (‘‘the Department’’) received interested parties. Submissions (original opportunity to consider all comments a petition filed in proper form by Penn and 3 copies) shall be addressed to the and consult with parties prior to the Specialty Chemicals, Inc. (‘‘petitioner’’). Board’s Executive Secretary at one of issuance of the preliminary On July 7, 2003, July 10, 2003 and July the following addresses: determination. 11, 2003, the Department received 1. Submissions Via Express/Package amendments to the petition filed in Determination of Industry Support for Delivery Services: Foreign-Trade-Zones proper form by the petitioner. the Petition Board, U.S. Department of Commerce, In accordance with section 732(b)(1) Franklin Court Building—Suite 4100W, Section 732(b)(1) of the Act requires of the Tariff Act of 1930 (‘‘the Act’’), the 1099 14th St. NW, Washington, DC that a petition be filed on behalf of the petitioner alleges that imports of 20005; or domestic industry. Section 732(c)(4)(A) tetrahydrofurfuryl alcohol (‘‘THFA’’) 2. Submissions Via the U.S. Postal of the Act provides that the from the People’s Republic of China Service: Foreign-Trade-Zones Board, Department’s industry support (‘‘the PRC’’) are, or are likely to be, sold U.S. Department of Commerce, FCB— determination, which is to be made in the United States at less than fair Suite 4100W, 1401 Constitution Ave. before the initiation of the investigation, value within the meaning of section 731 NW, Washington, DC 20230. The be based on whether a minimum of the Act, and that imports from the closing period for their receipt is percentage of the relevant industry PRC are materially injuring, or are September 16, 2003. Rebuttal comments supports the petition. A petition meets threatening to materially injure, an in response to material submitted this requirement if the domestic industry in the United States. during the foregoing period may be producers or workers who support the The Department finds that the submitted during the subsequent 15-day petition account for: (1) at least 25 petitioner filed this petition on behalf of period to October 1, 2003. percent of the total production of the the domestic industry because it is an A copy of the application and domestic like product; and (2) more interested party as defined in sections accompanying exhibits will be available than 50 percent of the production of the 771(9)(c) and 771(9)(D) of the Act and for public inspection at the Office of the domestic like product produced by that has demonstrated sufficient industry Foreign-Trade Zones Board’s Executive portion of the industry expressing support with respect to the antidumping Secretary at the first address listed support for, or opposition to, the investigation that they are requesting above, and at the U.S. Department of petition. Moreover, section 732(c)(4)(D) the Department to initiate. See infra, Commerce Export Assistance Center, of the Act provides that, if the petition ‘‘Determination of Industry Support for 711 Houston Street, Fort Worth, Texas does not establish support of domestic the Petition.’’ 76102. producers or workers accounting for Scope of the Investigation more than 50 percent of the total Dated: July 9, 2003. production of the domestic like product, Dennis Puccinelli, For the purpose of this investigation, the Department shall: i) poll the Executive Secretary. the product covered is industry or rely on other information in [FR Doc. 03–18322 Filed 7–17–03; 8:45 am] tetrahydrofurfuryl alcohol (C5H10O2). order to determine if there is support for BILLING CODE 3510–DS–P THFA, a primary alcohol, is a clear, the petition, as required by water white to pale yellow liquid. THFA subparagraph (A), or ii) determine is a member of the heterocyclic industry support using a statistically DEPARTMENT OF COMMERCE compounds known as furans and is valid sampling method. miscible with water and soluble in Section 771(4)(A) of the Act defines International Trade Administration many common organic solvents. THFA the ‘‘industry’’ as the producers of a [A-570–887] is currently classified in the domestic like product. Thus, to Harmonized Tariff Schedules of the determine whether a petition has the Notice of Initiation of Antidumping United States (‘‘HTSUS’’) under requisite industry support, the statute Duty Investigation: Tetrahydrofurfuryl subheading 2932.13.00.00. Although the directs the Department to look to Alcohol from the People’s Republic of HTS subheadings are provided for producers and workers who produce the China convenience and for the purposes of the domestic like product. The International U.S. Bureau of Customs and Border Trade Commission (‘‘ITC’’), which is AGENCY: Import Administration, Protection (‘‘Customs’’), the responsible for determining whether International Trade Administration, Department’s written description of the ‘‘the domestic industry’’ has been Department of Commerce. merchandise under review is injured, must also determine what ACTION: Initiation of an Antidumping dispositive. constitutes a domestic like product in Duty Investigation. As discussed in the preamble to the order to define the industry. While both Department’s regulations (Antidumping the Department and the ITC must apply EFFECTIVE DATE: July 18, 2003. Duties; Countervailing Duties; Final the same statutory definition regarding FOR FURTHER INFORMATION CONTACT: Rule, 62 FR 27296, 27323 (May 19, the domestic like product (section Robert Bolling at (202) 482–3434 or 1997)), we are setting aside a period for 771(10) of the Act), they do so for Laurel LaCivita at (202) 482–4243, parties to raise issues regarding product different purposes and pursuant to a Import Administration, International coverage. The Department encourages separate and distinct authority. In Trade Administration, U.S. Department all parties to submit such comments addition, the Department’s of Commerce, 14th Street and within 20 calendar days of publication determination is subject to limitations of

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time and information. Although this Period of Investigation January 30, 2002 (‘‘Surrogate Value may result in different definitions of the The anticipated period of Memorandum II’’). We adjusted petitioner’s calculation like product, such differences do not investigation (‘‘POI’’) is October 1, 2002, of the surrogate values used to calculate render the decision of either agency through March 31, 2003. contrary to the law.1 foreign inland freight, domestic inland Section 771(10) of the Act defines the Export Price and Normal Value insurance, ocean freight, and brokerage domestic like product as ‘‘a product The following are descriptions of the and handling for inflation. Petitioner which is like, or in the absence of like, allegations of sales at less than fair value used the unadjusted surrogate values recorded in the Department’s surrogate most similar in characteristics and uses upon which the Department based its value memoranda for potassium with, the article subject to an decision to initiate this investigation. permanganate, but did not account for investigation under this title.’’ Thus, the The sources of data for the deductions inflation from the date of the source reference point from which the and adjustments relating to U.S. and data to the POI. Therefore, we went back domestic like product analysis begins is foreign market prices, constructed value to the original source data for each ‘‘the article subject to an investigation,’’ (‘‘CV’’), and factors of production are adjustment and inflated the reported i.e., the class or kind of merchandise to discussed in greater detail in the price to the POI using the website of the be investigated, which normally will be Initiation Checklist. Should the need Office of the Economic Adviser to the the scope as defined in the petition. arise to use any of this information as Government of India, Ministry of Based on our analysis of the facts available under section 776 of the Commerce and Industry, http:// information presented by the petitioner, Act in our preliminary or final www.eaindustry.nic.in. We then we have determined that there is a determinations, we may re-examine the converted all unit prices expressed in single domestic like product, THFA, information and revise the margin rupees per metric tons to dollars per which is defined in the ‘‘Scope of the calculations, if appropriate. pound. Investigation’’ section above, and we Regarding an investigation involving a The petitioner provided price quotes have analyzed industry support in terms non-market economy (‘‘NME’’) country, for the subject merchandise which we of this domestic like product. the Department presumes, based on the determined were sufficient for initiation In its initial petition and subsequent extent of central government control in purposes. In addition, petitioner submissions, the petitioner states that it an NME, that a single dumping margin, provided average unit values (‘‘AUVs’’) comprises 100 percent of U.S. THFA should there be one, is appropriate for calculated from U.S. import statistics as production. Based on all available all NME exporters in the given country. a second basis to estimate dumping information, we agree that the petitioner In the course of this investigation, all margins. However, since these AUVs comprises 100 percent of the domestic parties will have the opportunity to were calculated using information from THFA production. provide relevant information related to a basket category HTS number, we did Our review of the data provided in the the issues of a country’s NME status and not use these average unit values petition and other information readily the granting of separate rates to calculated from U.S. import statistics as available to the Department indicates individual exporters. See e.g., Notice of a basis of estimated dumping margins. that the petitioner has established Final Determination of Sales at Less Should the need arise to use any of this industry support representing 100 Than Fair Value: Silicon Carbide from information as facts available under percent of the total production of the the People’s Republic of China, 59 FR section 776 of the Act in our domestic like product, requiring no 22585, 22586–87 (May 2, 1994). preliminary or final determinations, we further action by the Department Export Price may re-examine the information and pursuant to section 732(c)(4)(D) of the revise the margin calculations, if The petitioner based export price Act. In addition, the Department appropriate. For our complete analysis (‘‘EP’’) on price quotes from Chinese received no opposition to the petition of EP, see the Initiation Checklist. exporters of THFA to unaffiliated from domestic producers of the like purchasers in the United States. The Normal Value product. Therefore, the domestic petitioner calculated net U.S. price by producer (or workers) who supports the The petitioner asserts that the PRC is deducting foreign inland freight, petition accounts for at least 25 percent an NME country, and notes that in all domestic inland insurance, ocean of the total production of the domestic previous investigations the Department freight, and brokerage and handling. like product, and the requirements of has determined that the PRC is an NME. Petitioner alleged that India was the section 732(c)(4)(A)(i) of the Act are See e.g., Notice of Final Determination appropriate surrogate country (see met. Furthermore, the domestic of Sales at Less Than Fair Value: Bulk discussion below) and calculated the producer who supports the petition Aspirin From the People’s Republic of adjustments to the EP using the accounts for more than 50 percent of the China, 65 FR 33805 (May 25, 2000). The surrogate values recorded in the production of the domestic like product PRC will be treated as an NME unless memoranda to the file from Drew produced by that portion of the industry and until its NME status is revoked. See Jackson to Howard Smith, Surrogate expressing support for or opposition to section 771(18)(C)(i) of the Act. Because Values Used for the Preliminary Results the petition. Thus, the requirements of the PRC’s status as an NME remains in of the Administrative Review of section 732(c)(4)(A)(ii) of the Act also effect, the petitioner’s estimated the Potassium Permanganate from the are met. Accordingly, the Department dumping margin using a NME People’s Republic of China: January 1, determines that the petition was filed on methodology. 2001 through December 31, 2001 dated For normal value (‘‘NV’’), the behalf of the domestic industry within January 31, 2003 (‘‘Surrogate Value petitioner based the factors of the meaning of section 732(b)(1) of the Memorandum I’’), and Surrogate Values production (‘‘FOP’’), as defined by Act. Used for the Preliminary Results of the section 773(c)(3) of Act, on the Administrative Review of Potassium consumption rates for furfuryl alcohol 1 See USEC, Inc. v. United States, 132 F. Supp. 2d 1, 8 (Ct. Int’l Trade 2001), citing Algoma Steel Permanganate from the People’s (‘‘FA’’) reported in Technical Progress Corp. Ltd. v. United States, 688 F. Supp. 639, 642- Republic of China: January 1, 1999 in Furfuryl Alcohol Production, by Ma 44 (Ct. Int’l Trade 1988). through December 31, 1999 dated Bao-Qi and Chen Fan-Geng of Xian

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Petroleum College (‘‘Xian Report’’), using Indian import values into the Allegations and Evidence of Material Xian, and on its own experience. United States because India maintains Injury and Causation Petitioner contends that consumption broadly available, non-industry specific The petitioner alleges that the U.S. rates for the Chinese THFA industry are export subsidies. It is the Department’s industry producing the domestic like not reasonably available, and that FA is policy, based on our earlier product is being materially injured, or is an intermediate product and feedstock determinations and legislative history, threatened with material injury, by in the production process for THFA. to reject such factor input values, reason of the individual and cumulated Therefore, petitioner used the factor whether they are market economy imports of the subject merchandise sold values included in the Xian Report for purchases or import statistics into a at less than fair value. the production of FA and its own surrogate country, on the basis that we The petitioner contends that the experience as the basis of factor values have found that the existence of these industry’s injured condition is evident for the production steps required to subsidies provide sufficient reason to in the declining trends in financial convert FA to THFA. As a result, believe or suspect that export prices performance, production volume, petitioner contends that information from those countries are distorted. capacity utilization rates, U.S. provided in the Xian Report, and Therefore, we set the surrogate values shipments, domestic prices, market petitioner’s own production experience, for these factors to zero. See Notice of share, reduced profitability, capital is the only information reasonably Final Determination of Sales at Less expenditures and research, and available to petitioner concerning THFA Than Fair Value: Certain Ball Bearings development expenditures. The production in China. Thus, when and Parts Thereof from the People’s allegations of injury and causation are information from the Xian Report was Republic of China, 68 FR 10685 (March supported by relevant evidence not available, petitioner assumed that 6, 2003) and accompanying Issues and including affidavits of company producers in the PRC use the same Decision Memorandum. See Attachment officials, U.S. Census Bureau import inputs in the same quantities as the IV of the Initiation Checklist. statistics, lost sales, and pricing petitioner. Based on the information Petitioner valued labor using the information. We have assessed the provided by the petitioner, we believe regression-based wage rate for the PRC allegations and supporting evidence that the petitioner’s FOP methodology provided by the Department, in regarding material injury and causation, represents information reasonably accordance with section 351.408(c)(3) of and we have determined that these available to the petitioner and is the Department’s regulations. Petitioner allegations are properly supported by appropriate for purposes of initiating valued maintenance supplies based on adequate evidence and meet the this investigation. its own experience. However, the statutory requirements for initiation. See The petitioner asserts that India is the Department has determined that Initiation Checklist. most appropriate surrogate country for maintenance expenses should be the PRC, claiming that India is: i) a classified as and included in overhead Initiation of Antidumping Investigation market economy, and, ii) at a level of expenses in the calculation of normal Based upon our examination of the economic development comparable to value based on the factors of petition on THFA, we have found that the PRC in terms of per capita GNP. production. See Persulfates from the it meets the requirements of section 732 Petitioner asserts that China is the only People’s Republic of China: Final of the Act. Therefore, we are initiating other country known to produce THFA. Results of Antidumping Duty an antidumping duty investigation to Therefore, none of the potential Administrative Review, 64 FR 69494 determine whether imports of THFA surrogate countries, including India, are (December 13, 1999). Therefore, in order from the PRC are being, or are likely to significant producers of the subject to eliminate the possibility of double be, sold in the United States at less than merchandise. Petitioners note however, counting overhead expenses which are fair value. Unless this deadline is that India is a significant producer of otherwise included in our analysis, we extended pursuant to section furfural and FA which are intermediate have set the value of maintenance 733(b)(1)(A) of the Act, we will make products and feedstocks in the supplies to zero. Petitioner valued steam our preliminary determination no later production process for THFA and based produced from coal, water, electricity, than 140 days after the date of this on the information provided by the factory overhead, SG&A and profit using initiation. petitioner, we believe that the the Surrogate Values Memorandum I. petitioner’s use of India as a surrogate We revised petitioner’s factor value Distribution of Copies of the Petition country is appropriate for the purpose of calculation for water to take into In accordance with section initiating this investigation. account inflation from the time period 732(b)(3)(A) of the Act, a copy of the In accordance with section 773(c)(4) of the original source documentation to public version of the petition has been of the Act, petitioner valued FOP, where the POI. The petitioner inflated these provided to the representatives of the possible, on reasonably available, public figures to the current POI using the WPI government of the PRC. We will attempt surrogate data from India. Petitioner reported on the Indian Office of to provide a copy of the public version valued furfural, hydrogen and nitrogen Economic Advisor website, of the petition to each exporter named based on Indian import values, as www.eaindustry.nic.in, for chemicals in the petition, as provided for under 19 published in the 2000 and 2001 Monthly and chemical products. CFR 351.203(c)(2). Statistics of Foreign Trade of India, and inflated based on the Indian wholesale Fair Value Comparisons ITC Notification price index (‘‘WPI’’). Petitioner was not Based on the data provided by the We have notified the ITC of our able to obtain publicly available data for petitioner, there is reason to believe that initiation as required by section 732(d) the furfural-to-FA and the FA-to-THFA imports of THFA from the PRC are of the Act. catalysts, and therefore, used imports being, or are likely to be, sold at less into the United States from India for than fair value. As a result of a Preliminary Determination by the ITC HTS 3815.90.30.00 (furfural-to-FA comparison of EP to NV, petitioner’s The ITC will preliminarily determine catalyst) and HTS 3815.11.00.00 (FA-to- calculated estimated dumping margins, no later than August 7, 2003, whether THFA catalyst) as reported in the World as adjusted by the Department, range there is a reasonable indication that Trade Atlas. The Department is not from 159.26 to 200.00 percent. imports of THFA from the PRC are

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causing material injury, or threatening part 216), and the Fur Seal Act of 1966, porpoise (Phocoenoides dalli), harbor to cause material injury, to a U.S. as amended (16 U.S.C. 1151 et seq.). seals (Phoca vitulina), Pacific white- industry. A negative ITC determination The permit authorizes the collection sided dolphins (Lagenorhynchus will result in the investigation being and receipt of an unlimited number of obliquidens), Northern fur seals terminated; otherwise, this investigation tissue samples (including, but not (Callorhinus ursinus), and Steller sea will proceed according to statutory and limited to, teeth/bone, blubber, muscle, lions (Eumetopias jubatus) for the regulatory time limits. blood, skin, vibrissae, placenta, fetus, purposes of scientific research. reproductive tracts, stomach and This notice is issued and published ADDRESSES: The permit application and pursuant to section 777(i) of the Act. intestinal tracts, heart, liver, lungs, related documents are available for kidney and other vital organs) taken July 14, 2003. review upon written request or by from carcasses of harbor seals and appointment in the following office(s): Joseph A. Spetrini, northern fur seals that were killed Acting Assistant Secretary for Grant Aldonas, during legal subsistence hunts in Permits, Conservation and Education Under Secretary. Alaska. The purposes of the research are Division, Office of Protected Resources, [FR Doc. 03–18321 Filed 7–17–03; 8:45 am] to determine contaminant loads in NMFS, 1315 East-West Highway, Room BILLING CODE 3510–DS–S tissues to study whether exposure to 13705, Silver Spring, MD 20910, contaminants may be a contributing (301)713–2289; and factor to poor survival and reproduction Alaska Region, NMFS, P.O. Box DEPARTMENT OF COMMERCE of these species, and to determine 21668, Juneau, AK 99802–1668, (907)586–7221. National Oceanic and Atmospheric steroid hormone levels in the tissues of these species to develop methods to FOR FURTHER INFORMATION CONTACT: Administration Jill study the reproductive rate and Lewandowski or Gene Nitta, (301) 713– population structure of marine 2289. [I.D. 063003B] mammals. Tissues collected from SUPPLEMENTARY INFORMATION: The Marine Mammals; File No. 881–1709 subsistence hunts and from stranded subject permit is requested under the animals may be exported (and re- authority of the Marine Mammal AGENCY: National Marine Fisheries imported) to Canada for analyses and to Protection Act of 1972, as amended Service (NMFS), National Oceanic and other countries world-wide for future (MMPA; 16 U.S.C. 1361 et seq.), the Atmospheric Administration (NOAA), opportunistic research is also Regulations Governing the Taking and Commerce. authorized. The permit has been issued Importing of Marine Mammals (50 CFR ACTION: Issuance of permit. for a five-year period. part 216), the Endangered Species Act of Dated: July 11, 2003. 1973, as amended (ESA; 16 U.S.C. 1531 SUMMARY: Notice is hereby given that Jo- Stephen L. Leathery, et seq.), the regulations governing the Ann Mellish, Ph.D., University of taking, importing, and exporting of Alaska Fairbanks and Alaska SeaLife Chief, Permits, Conservation and Education Division, Office of Protected Resources, endangered and threatened species (50 Center, 301 Railway Avenue, P.O. Box National Marine Fisheries Service. CFR 222–226), and the Fur Seal Act of 1329, Seward, Alaska 99664, has been [FR Doc. 03–18338 Filed 7–17–03; 8:45 am] 1966, as amended (16 U.S.C. 1151 et issued a permit take tissue samples from BILLING CODE 3510–22–S seq.). harbor seals (Phoca vitulina) and The applicant requests a five-year northern fur seals (Callorhinus ursinus) scientific research permit to: (1) develop for purposes of scientific research. DEPARTMENT OF COMMERCE long term sighting histories of ADDRESSES: The permit and related individual humpback whales to assess National Oceanic and Atmospheric documents are available for review stock structure, life history parameters, Administration upon written request or by appointment feeding behaviors, social behaviors of in the following office(s): [I.D. 070903A] feeding populations, and population Permits, Conservation and Education estimates; (2) collect and compare data Division, Office of Protected Resources, Marine Mammals; File No. 1049–1718 on killer whale predation in NMFS, 1315 East-West Highway, Room southeastern Alaska, the Gulf of Alaska 13705, Silver Spring, MD 20910; phone AGENCY: National Marine Fisheries Service, National Oceanic and and Aleutian Islands; and (3) collect (301)713–2289; fax (301)713–0376; and data to assess the distribution, Alaska Region, NMFS, P.O. Box Atmospheric Administration (NOAA), Commerce. abundance, and foraging ecology of fin 21668, Juneau, AK 99802–1668; phone whales in the Gulf of Alaska. All ACTION: Receipt of application for new (907)586–7221; fax (907)586–7249. research will take place in Alaskan permit. FOR FURTHER INFORMATION CONTACT: waters. Amy Sloan or Ruth Johnson, (301)713– SUMMARY: Notice is hereby given that Specifically, the applicant is 2289. Kate M. Wynne, University of Alaska requesting takes by close approach for SUPPLEMENTARY INFORMATION: On May 1, Fairbanks, School of Fisheries and photo-identification, behavioral 2003, notice was published in the Ocean Sciences, 118 Trident Way, observation, passive acoustic recording, Federal Register (84 FR 23286) that a Kodiak, Alaska 99615 has applied in biopsy sampling and incidental request for a scientific research permit due form for a permit to take humpback harassment. In addition, the applicant is to take the species identified above had whales (Megaptera novaeangliae), killer requesting authorization to collect and/ been submitted by the above-named whales (Orcinus orca), sperm whales or export dead parts from the following individual. The requested permit has (Physeter macrocephalus), fin whales prey species during killer whale been issued under the authority of the (Balaenoptera physalis), sei whales predation studies: humpback, gray, Marine Mammal Protection Act of 1972, (Balaenoptera borealis), minke whales minke, sei, fin and sperm whales; as amended (16 U.S.C. 1361 et seq.), the (Balaenoptera acutorostrata), gray harbor and Dall’s porpoise; Pacific Regulations Governing the Taking and whales (Eschrichtius robustus), harbor white-sided dolphins; Northern fur and Importing of Marine Mammals (50 CFR porpoise (Phocoena phocoena), Dall’s harbor seals; and Steller sea lions.

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Written comments or requests for a www.sanctuaries.nos.noaa.gov/library/ Because the policy and associated public hearing on these applications library.html. You may submit comments permitting guidelines do not place any should be mailed to the Chief, Permits, by sending an e-mail to new requirements on permit applicants Conservation and Education Division, [email protected]. You may also or the general public, the NMSP feels it F/PR1, Office of Protected Resources, request a copy of the NMSP’s interim- is appropriate to begin applying the NMFS, 1315 East-West Highway, Room final policy on artificial reefs and policy and guidelines immediately. The 13705, Silver Spring, MD 20910. Those submit written comments on the policy NMSP is, however, interested in individuals requesting a hearing should by contacting Debra Malek, National receiving public comments on the set forth the specific reasons why a Marine Sanctuary Program, 1305 East policy and the associated permitting hearing on this particular request would West Highway (N/ORM6), 11th floor, guidelines. be appropriate. Silver Spring, MD 20910. Richard W. Spinrad, Comments may also be submitted by FOR FURTHER INFORMATION CONTACT: Assistant Administrator for Ocean Services facsimile at (301)713–0376, provided Debra Malek at (301) 713–3125. the facsimile is confirmed by hard copy and Coastal Zone Management. SUPPLEMENTARY INFORMATION: submitted by mail and postmarked no [FR Doc. 03–18345 Filed 7–17–03; 8:45 am] later than the closing date of the Background BILLING CODE 3510–NK–M comment period. Please note that The National Marine Sanctuary comments will not be accepted by e- Program (NMSP) manages a system of mail or by other electronic media. thirteen National Marine Sanctuaries Concurrent with the publication of COMMODITY FUTURES TRADING (NMSs or Sanctuaries) that protect this notice in the Federal Register, COMMISSION special, nationally significant, areas of NMFS is forwarding copies of this the marine environment under the application to the Marine Mammal Sunshine Act Meeting authority of the National Marine Commission and its Committee of Sanctuaries Act (NMSA; 16 U.S.C. Scientific Advisors. AGENCY HOLDING THE MEETING: 14312 et seq.). Sanctuaries protect a Commodity Futures Trading Dated: July 14, 2003. variety of marine areas including coral Commission. Stephen L. Leathery, reefs, mangrove forests, and seagrass Chief, Permits, Conservation and Education beds in the Florida Keys National TIME AND DATE: 11 a.m., Friday, August Division, Office of Protected Resources, Marine Sanctuary; deep-sea canyons, 1, 2003. National Marine Fisheries Service. kelp beds, and hardbottom habitats in PLACE: 1155 21st St., NW., Washington, [FR Doc. 03–18340 Filed 7–17–03; 8:45 am] the Monterey Bay National Marine DC, 9th Floor Conference Room. BILLING CODE 3510–22–S Sanctuary; and historic shipwrecks in STATUS: the Thunder Bay National Marine Closed. Sanctuary and Underwater Preserve. MATTERS TO BE CONSIDERED: Surveillance DEPARTMENT OF COMMERCE In the last few years the NMSP has Matters. experienced an increased number of National Oceanic and Atmospheric FOR FURTHER INFORMATION CONTACT: Jean permit applications to establish artificial Administration A. Webb, 202–418–5100. reefs inside NMS boundaries, National Marine Sanctuary Program particularly the Florida Keys National Jean A. Webb, Policy on Permit Applications for Marine Sanctuary. Because NMSP Secretary of the Commission. Artificial Reef Development regulations generally prohibit placing [FR Doc. 03–18452 Filed 7–16–03; 1:30 pm] structures on the seafloor, any BILLING CODE 6351–01–M AGENCY: National Marine Sanctuary individual who wishes to establish an Program (NMSP), National Ocean artificial reef inside a NMS must first get Service (NOS), National Oceanic and approval from the NMSP through the COMMODITY FUTURES TRADING Atmospheric Administration (NOAA), onsite sanctuary manager. COMMISSION Commerce. To ensure that applications to ACTION: Interim-final policy; Notice of establish artificial reefs in sancturaries Sunshine Act Meeting availability; request for comments. are reviewed consistently and in a manner that adheres to the NMSA and AGENCY HOLDING THE MEETING: SUMMARY: The National Marine NMSP regulations (15 CFR part 922), the Commodity Futures Trading Sanctuary Program (NMSP) has NMSP has developed permitting Commission. developed a policy and permitting guidelines specific for such guidelines for applications to establish TIME AND DATE: 11 a.m., Friday, August applications. The NMSP’s intends to 8, 2003. artificial reefs within National Marine apply the guidelines when considering Sanctuaries. The policy is being used on such requests. The guidelines build on PLACE: 1155 21st St., NW., Washington, an interim-final basis during the public lessons learned from past experience DC, 9th Floor Conference Room. comment period. The NMSP is permitting artificial reef development STATUS: Closed. requesting comments on the interim- within sanctuaries, and applies final policy and permitting guidelines. knowledge from other sources of MATTERS TO BE CONSIDERED: Surveillance DATES: This notice is effective as an information. It is intended to guide Matters. interim-final policy as of July 18, 2003. decision makers as they review FOR FURTHER INFORMATION CONTACT: Jean Comments on the interim-final policy proposals for artificial reefs in A. Webb, 202–418–5100. will be accepted until September 16, sanctuaries. It clarifies how decision 2003. making criteria contained in NMSP Jean A. Webb, ADDRESSES: You can download a copy regulations will be applied specifically Secretary of the Commission. of the interim-final policy from the to permit applications for artificial reef [FR Doc. 03–18453 Filed 7–16–03; 1:03 pm] NMSP’s Web site at http:// development. BILLING CODE 6351–01–M

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COMMODITY FUTURES TRADING FOR FURTHER INFORMATION CONTACT: Jean voluntary standards, information and COMMISSION A. Webb, 202–418–5100. education programs, and administrative and judicial proceedings to remove Jean A. Webb, Sunshine Act Meeting unsafe products from the marketplace Secretary of the Commission. and consumers’ homes. AGENCY HOLDING THE MEETING: [FR Doc. 03–18456 Filed 7–16–03; 1:03 pm] Persons who have been involved Commodity Futures Trading BILLING CODE 6351–01–M with, or who have witnessed, incidents Commission. associated with consumer products are an important source of information TIME AND DATE: 11 a.m., Friday, August CONSUMER PRODUCT SAFETY 15, 2003. about deaths, injuries, and illnesses COMMISSION resulting from such incidents. From PLACE: 1152 21st St., NW., Washington, consumer complaints, newspaper Submission for OMB Review; DC, 9th Floor Conference Room. accounts, death certificates, hospital Comment Request—Follow-Up emergency room reports, and other STATUS: Closed. Activities for Product-Related Injuries sources, the Commission selects a MATTERS TO BE CONSIDERED: Surveillance AGENCY: Consumer Product Safety limited number of accidents for Matters. Commission. investigation. These investigations may FOR FURTHER INFORMATION CONTACT: Jean ACTION: Notice. involve face-to-face or telephone A. Webb, 202–418–5100. interviews with accident victims, SUMMARY: As required by the Paperwork witnesses, or other persons having Jean A. Webb, Reduction Act of 1995 (44 U.S.C. relevant knowledge. The Commission Secretary of the Commission. Chapter 35), the Commission announces also receives information about product- [FR Doc. 03–18454 Filed 7–16–03; 1:03 pm] that it has submitted to the Office of related injuries from persons who BILLING CODE 6351–01–M Management and Budget a request for provide written information by using an extension of the existing approval of forms displayed on the Commission’s collections of information conducted Internet Web site or printed in the COMMODITY FUTURES TRADING during follow-up activities for product- Consumer Product Safety Review and COMMISSION related injuries. other Commission publications. DATES: Written comments must be As required by the Paperwork Sunshine Act Meeting received on or before August 18, 2003. Reduction Act of 1995 (44 U.S.C. ADDRESSES: Written comments should Chapter 35)(PRA), the Commission AGENCY HOLDING THE MEETING: be captioned ‘‘Product-Related Injuries’’ obtained the approval of the Office of Commodity Futures Trading and mailed to the Office of Information Management and Budget (OMB) for this Commision. and Regulatory Affairs, Office of collection of information (OMB control TIME AND DATE: 11 a.m., Friday, August Management and Budget, Attention: No. 3041–0029). The current approval 22, 2003. Desk Officer for CPSC, 725 17th Street, expires July 31, 2003. The extension is NW., Washington, DC 20503. Copies of requested for a period of three years PLACE: 1155 21st St., NW., Washington, from the date of approval. DC, 9th Floor Conference Room. comments also may be: mailed to the Office of the Secretary, Consumer In the Federal Register of May 5, 2003 STATUS: Closed. Product Safety Commission, (68 FR 23704), the Consumer Product MATTERS TO BE CONSIDERED: Surveillance Washington, DC 20207; delivered to the Safety Commission published a notice, Matters. Office of the Secretary, Consumer required by the PRA, to announce the Product Safety Commission, Room 502, agency’s intention to seek extension of FOR FURTHER INFORMATION CONTACT: Jean 4330 East-West Highway, Bethesda, approval of this collection of A. Webb, 202–418–5100. Maryland, telephone (301) 504–0800; information. No comments were Jean A. Webb, telefacsimilied to (301) 504–0127; or e- received in response to this notice. mailed to [email protected]. Secretary of the Commission. 2. Additional Details About the Request [FR Doc. 03–18455 Filed 7–16–03; 1:03 pm] FOR FURTHER INFORMATION OR A COPY for Approval of a Collection of CONTACT: Linda Glatz, Consumer BILLING CODE 6351–01–M Information Product Safety Commission, Washington, DC 20207; 301–504–7671 Agency address: Consumer Product Safety Commission, Washington, DC COMMODITY FUTURES TRADING or by e-mail to [email protected]. 20207. COMMISSION SUPPLEMENTARY INFORMATION: Title of information collection: Sunshine Act Meeting 1. Background Follow-Up Activities for Product- Section 5(a) of the Consumer Product Related Injuries. AGENCY HOLDING THE MEETING: Safety Act (15 U.S.C. 2054(a)) requires Type of request: Extension of Commodity Futures Trading the Commission to collect information approval. Commission. related to the cause and prevention of Frequency of collection: One time for death, injury, and illness associated each respondent. TIME AND DATE: 11 a.m., Friday, August with consumer products, and to conduct General description of respondents: 29, 2003. continuing studies and investigations of Persons who have been involved in, PLACE: 1155 21st St., Washington, DC, deaths, injuries, diseases, and economic have witnessed, or otherwise have 9th Floor Conference Room. losses resulting from accidents knowledge of incidents associated with involving consumer products. The consumer products. STATUS: Closed. Commission uses this information to Estimated number of respondents: MATTERS TO BE CONSIDERED: Surveillance support rulemaking proceedings, 14,100 total annually; 500 for face-to- Matters. development and improvement of face interviews; 3,200 telephone

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interviews; 5,200 hotline interviews; facsimile to (301) 504–0127 or by email ACTION: Notice of availability. and 5,200 persons submitting a form. to cpsc–[email protected]. Comments should Estimated annual average number of be captioned ‘‘Petition CP 03–3, Petition SUMMARY: In accordance with Public hours per respondent: 20 min. for each for Labeling of Bench Press Benches.’’ A Law 101–510 (as amended), the Defense telephone interview; 5.0 hours for each copy of the petition is available for Base Closure and Realignment Act of on-site interview; 12 min. to fill out a inspection at the Commission’s Public 1990, the Defense Base Closure and form; 10 min. for each Hotline Reading Room, Room 419, 4330 East- Realignment Commission recommended interview. West Highway, Bethesda, Maryland. the disposal and reuse of excess Estimated total annual number of The petition is also available on the property at Fort Dix. hours for all respondents: 5,472. CPSC Web site at http://www.cpsc.gov. The EA evaluates the environmental FOR FURTHER INFORMATION CONTACT: 3. Comments to OMB on This Request impacts of the disposal of surplus Rockelle Hammond, Office of the for Extension property made available by the Secretary, Consumer Product Safety Comments on this request for realignment of Fort Dix. Approximately Commission, Washington, DC 20207; extension of approval of the collection 35 acres of surplus property would be telephone (301) 504–6833, e-mail of information should be submitted by conveyed to the State of New Jersey. [email protected]. August 18, 2003 to the addresses given Alternatives examined in this EA at the beginning of this notice. SUPPLEMENTARY INFORMATION: The include no action, unencumbered Copies of the request for extension of Commission has received disposal of the property and the information collection and correspondence from V. Patteson encumbered disposal of the property. supporting documentation are available Lombardi, Ph.D., requesting that the Encumbered disposal refers to transfer from Linda Glatz, Management and Commission require a warning label on or conveyance of property having Program Analyst, Office of Planning and both uprights of all ‘‘manufactured, restrictions on subsequent use as a Evaluation, Consumer Product Safety publicly available’’ weightlifting bench result of any Army-imposed or legal Commission, Washington, DC 20207; press benches. The petitioner asserts restraint. Under the no action telephone: (301) 504–7671, e-mail that the labeling is necessary to reduce alternative, the Army would not dispose [email protected]. or eliminate deaths due to asphyxia/ of the excess or surplus property but Dated: July 11, 2003. anoxia caused by being trapped under a would maintain it indefinitely in bench press barbell. The petitioner Todd A. Stevenson, accordance with current leases and provides information concerning a Secretary, Consumer Product Safety permits. Commission. number of deaths he states involve such incidents. [FR Doc. 03–18169 Filed 7–17–03; 8:45 am] DATES: Comments must be submitted on The Commission is docketing the or before August 18, 2003. BILLING CODE 6355–01–P correspondence as a petition under provisions of the Consumer Product ADDRESSES: Copies of the Final EA and Draft FNSI may be obtained by writing CONSUMER PRODUCT SAFETY Safety Act, 15 U.S.C. 2051–2084. Interested parties may obtain a copy to Mr. Don Conlon, U.S. Army Corps of COMMISSION of the petition by writing or calling the Engineers—Mobile District, Petition Requesting Labeling of Office of the Secretary, Consumer Environmental Resources Branch, 109 Weightlifting Bench Press Benches To Product Safety Commission, St. Joseph St., Mobile, Alabama 36628– Reduce or Prevent Deaths Due to Washington, DC 20207; telephone (301) 0001. 504–0800. The petition is available on Asphyxia/Anoxia (Petition No. CP 03– FOR FURTHER INFORMATION CONTACT: Mr. the CPSC Web site at http:// 3) Conlon via phone at (334) 690–2609 or www.cpsc.gov. A copy of the petition is by fax at (334) 690–2605. AGENCY: Consumer Product Safety also available for inspection from 8:30 Commission. a.m. to 5 p.m., Monday through Friday, SUPPLEMENTARY INFORMATION: While ACTION: Notice. in the Commission’s Public Reading disposal of surplus property at Fort Dix Room, Room 419, 4330 East-West is the Army’s primary action, the EA SUMMARY: The Commission has received Highway, Bethesda, Maryland. also analyzes the potential a petition (CP 03–3) requesting that the Dated: July 10, 2003. environmental effects of redevelopment Commission require labeling of and reuse as a secondary impact by weightlifting bench press benches to Todd A. Stevenson, means of evaluating intensity-based reduce or prevent deaths from asphyxia/ Secretary, Consumer Product Safety reuse scenarios. The Army’s preferred anoxia due to being trapped beneath a Commission. alternative for disposal of surplus real bench press barbell. The Commission [FR Doc. 03–18170 Filed 7–17–03; 8:45 am] property at Fort Dix is encumbered solicits written comments concerning BILLING CODE 6355–01–P disposal, with encumbrances pertaining the petition. to use restrictions, asbestos-containing DATES: The Office of the Secretary must material, lead-based paint, and utility DEPARTMENT OF DEFENSE receive comments on the petition by dependencies. September 16, 2003. ADDRESSES: Comments on the petition, Department of the Army A Notice of Intent declaring the Army’s intent to prepare an EA for the preferably in five copies, should be Final Environmental Assessment (EA) mailed to the Office of the Secretary, disposal and reuse of surplus Fort Dix and Draft Finding of No Significant property was published in the Federal Consumer Product Safety Commission, Impact (FNSI) for the Base Washington, DC 20207, telephone (301) Register (60 FR 49264, September 22, Realignment and Closure 95 Disposal 1995). 504–0800, or delivered to the Office of and Reuse of Excess Property, Fort the Secretary, Room 501, 4330 East- Dix, NJ The EA and Draft FNSI are available West Highway, Bethesda, Maryland for review at the Corps of Engineers, 20814. Comments may also be filed by AGENCY: Department of the Army, DoD. Mobile District.

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Dated: July 14, 2003. Online Support at person obtaining party status will be Raymond J. Fatz, [email protected] or toll- placed on the service list maintained by Deputy Assistant Secretary of the Army free at (866)208–3676, or for TTY, the Secretary of the Commission and (Environment, Safety and Occupational contact (202)502–8659. will receive copies of all documents Health) OASA(I&E). EnergyNorth requests a service area filed by the applicant and by all other [FR Doc. 03–18242 Filed 7–17–03; 8:45 am] determination to include its service area parties. A party must submit 14 copies BILLING CODE 3710–08–M in New Hampshire as well as that of of filings made with the Commission Colonial Gas Company (Colonial), also a and must mail a copy to the applicant subsidiary of KeySpan, across the state and to every other party in the DEPARTMENT OF ENERGY border in Massachusetts. EnergyNorth proceeding. Only parties to the requests the expanded service area, in proceeding can ask for court review of Federal Energy Regulatory order to periodically access a new Commission orders in the proceeding. Commission source of gas supply from Colonial. However, a person does not have to EnergyNorth states that the enlarged intervene in order to have comments [Docket No. OR03–5–000] service area would enable it to enlarge, considered. The second way to Chevron Products Company, extend and interconnect its distribution participate is by filing with the Complainant, v. SFPP, L.P., facilities with those of Colonial without Secretary of the Commission, as soon as Respondent; Errata Notice losing its status as a local distribution possible, an original and two copies of customer. EnergyNorth proposes to comments in support of or in opposition July 11, 2003. construct and operate interconnecting to this project. The Commission will On July 3, 2003, the Commission facilities consisting of a meter and 1,285 consider these comments in issued a Notice of Complaint (68 FR feet of 4-inch diameter distribution determining the appropriate action to be 41116) in the above-captioned pipeline to connect its facilities with taken, but the filing of a comment alone proceeding. This Notice is corrected as those of Colonial. EnergyNorth states will not serve to make the filer a party follows: that it meets the four criteria for a to the proceeding. The Commission’s (1) In the first line of the first service area determination, that it is a rules require that persons filing paragraph the correct filing date of the local distribution company (LDC) comments in opposition to the project complaint is July 2, 2003. serving customers within a single state, provide copies of their protests only to (2) The correct Comment Date is July that it makes only incidental sales for the party or parties directly involved in 22, 2003. resale, that its operations are regulated the protest. by the appropriate state authority, that Comments, protests and interventions Magalie R. Salas, it does not have an extensive may be filed electronically via the Secretary. distribution system and that its Internet in lieu of paper. See 18 CFR [FR Doc. 03–18218 Filed 7–17–03; 8:45 am] operations do not have a significant 385.2001(a)(1)(iii) and the instructions BILLING CODE 6717–01–P impact on neighboring distribution on the Commission’s Web site under the companies. EnergyNorth asserts that the ‘‘e-Filing’’ link. service area determination would Comment Date: August 4, 2003. DEPARTMENT OF ENERGY ensure against disruptions to EnergyNorth’s customers in the event of Magalie R. Salas, Federal Energy Regulatory decreases in pressure and would Secretary. Commission enhance the reliability of EnergyNorth’s [FR Doc. 03–18309 Filed 7–17–03; 8:45 am] [Docket No. CP03–331–000] system. EnergyNorth explains that the BILLING CODE 6717–01–P proposed service area determination EnergyNorth Natural Gas, Inc.; Notice would not change EnergyNorth’s of Application services or operations. EnergyNorth also DEPARTMENT OF ENERGY requests a declaration that it qualifies as July 14, 2003. an LDC for the purposes of section 311 Federal Energy Regulatory Take notice that on July 3, 2003, of the NGPA and a waiver of all Commission EnergyNorth Natural Gas, Inc. reporting and accounting requirements [Docket No. EC03–104–000] (EnergyNorth), 1260 Elm Street, applicable to natural gas companies Manchester, New Hampshire 03105, a under the NGA and the NGPA. FPL Energy Seabrook, LLC and Florida subsidiary of KeySpan Corporation, Any questions regarding this Power & Light Company; Notice of filed in Docket No. CP03–331–0000, an amendment should be directed to Filing application pursuant to section 7(f) of Thomas O’Neill at (617)723–5512, or the Natural Gas Act (NGA) for a service Kenneth T. Maloney at (202)223-8890. July 14, 2003. area determination, a declaration that There are two ways to become Take notice that on July 7, 2003, FPL EnergyNorth qualifies as a local involved in the Commission’s review of Energy Seabrook, LLC and Florida distribution company (LDC) and a this project. First, any person wishing to Power & Light Company tendered for waiver of the regulatory requirements obtain legal status by becoming a party filing with the Federal Energy under the NGA and the Natural Gas to the proceedings for this project Regulatory Commission (Commission), Policy Act (NGPA), all as more fully set should, on or before the comment date pursuant to section 203 of the Federal forth in the application. This filing is below, file with the Federal Energy Power Act, a request for authorization to available for review at the Commission Regulatory Commission, 888 First engage in an intra-corporate transfer of or may be viewed on the Commission’s Street, NE., Washington, DC 20426, a jurisdictional facilities whereby FPL Web site at http://www.ferc.gov, using motion to intervene in accordance with Energy Seabrook, LLC will transfer its the ‘‘FERRIS’’ link. Enter the docket the requirements of the Commission’s undivided interest in the number excluding the last three digits in Rules of Practice and Procedure (18 CFR interconnecting transmission facilities the docket number field to access the 385.214 or 385.211) and the Regulations for Seabrook Station to its affiliate document. For assistance, contact FERC under the NGA (18 CFR 157.10). A Florida Power & Light Company.

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Any person desiring to intervene or to PacifiCorp Holdings, Inc. (PHI). As a DEPARTMENT OF ENERGY protest this filing should file with the result of the reorganization, NAGP will Federal Energy Regulatory Commission, be removed from the chain of ownership Federal Energy Regulatory 888 First Street, NE., Washington, DC between Scottish Power and Applicants. Commission 20426, in accordance with Rules 211 The separate existence of NAGP shall [Docket No. EL03–209–000] and 214 of the Commission’s Rules of cease and PHI shall continue to exist as Practice and Procedure (18 CFR 385.211 the surviving entity. Applicants will Pinnacle West Energy Corporation and 385.214). Protests will be remain indirect subsidiaries of Scottish Complainant, v. Nevada Power considered by the Commission in Power and direct subsidiaries of PHI. Company, Respondent; Notice of determining the appropriate action to be Applicants filed no Section 205 rate Complaint taken, but will not serve to make proceeding in this application, and state protestants parties to the proceeding. that the transaction will change only July 11, 2003. Any person wishing to become a party Applicants’ internal upstream corporate Take notice that on July 10, 2003, must file a motion to intervene. All such structure, and will have no impact on Pinnacle West Energy Corporation motions or protests should be filed on competition, rates or regulation. (Pinnacle West) tendered for filing with or before the comment date, and, to the the Federal Energy Regulatory extent applicable, must be served on the Applicants request that the Commission disclaim jurisdiction over or approve Commission (Commission), a Complaint applicant and on any other person Requesting Fast Track Processing the transaction as early as practicable. designated on the official service list. against Nevada Power Company This filing is available for review at the Any person desiring to intervene or to (Nevada Power) pursuant to sections Commission or may be viewed on the protest this filing should file with the 206 and 306 of the Federal Power Act, Commission’s Web site at http:// Federal Energy Regulatory Commission, 16 U.S.C. 824e and 825e, and Rule 206 www.ferc.gov , using the ‘‘FERRIS’’ link. 888 First Street, NE., Washington, DC of the Commission’s Rules of Practice Enter the docket number excluding the 20426, in accordance with Rules 211 and Procedure, 18 CFR 385.206. last three digits in the docket number and 214 of the Commission’s Rules of Pinnacle West alleges that Nevada field to access the document. For Practice and Procedure (18 CFR 385.211 Power has refused to honor Pinnacle assistance, please contact FERC Online and 385.214). Protests will be West’s request, pursuant to Section 17.7 Support at considered by the Commission in of Nevada Power’s Open-Access [email protected] or toll- determining the appropriate action to be Transmission Tariff (OATT), to defer the free at (866)208–3676, or for TTY, taken, but will not serve to make commencement date of Pinnacle West’s contact (202)502–8659. Protests and protestants parties to the proceeding. transmission service under Nevada interventions may be filed electronically Any person wishing to become a party Power’s OATT. via the Internet in lieu of paper; see 18 must file a motion to intervene. All such Any person desiring to be heard or to CFR 385.2001(a)(1)(iii) and the motions or protests should be filed on protest this filing should file with the instructions on the Commission’s Web Federal Energy Regulatory Commission, site under the ‘‘e-Filing’’ link. The or before the comment date, and, to the extent applicable, must be served on the 888 First Street, NE., Washington, DC Commission strongly encourages 20426, in accordance with Rules 211 applicant and on any other person electronic filings. and 214 of the Commission’s Rules of designated on the official service list. Comment Date: July 28, 2003. Practice and Procedure (18 CFR 385.211 This filing is available for review at the Magalie R. Salas, and 385.214). Protests will be Commission or may be viewed on the considered by the Commission in Secretary. Commission’s Web site at http:// [FR Doc. 03–18311 Filed 7–17–03; 8:45 am] determining the appropriate action to be www.ferc.gov , using the ‘‘FERRIS’’ link. taken, but will not serve to make BILLING CODE 6717–01–P Enter the docket number excluding the protestants parties to the proceeding. last three digits in the docket number Any person wishing to become a party field to access the document. For DEPARTMENT OF ENERGY must file a motion to intervene. The assistance, please contact FERC Online answer to the complaint and all Federal Energy Regulatory Support at comments, interventions or protests Commission [email protected] or toll- must be filed on or before the comment free at (866)208–3676, or for TTY, date below. This filing is available for [Docket No. EC03–105–000] contact (202)502–8659. Protests and review at the Commission in the Public PacifiCorp and PPM Energy, Inc.; interventions may be filed electronically Reference Room or may be viewed on Notice of Filing via the Internet in lieu of paper; see 18 the Commission’s Web site at http:// CFR 385.2001(a)(1)(iii) and the www.ferc.gov using the ‘‘FERRIS’’ link. July 14, 2003. instructions on the Commission’s Web Enter the docket number excluding the Take notice that on July 8, 2003, site under the ‘‘e-Filing’’ link. The last three digits in the docket number PacifiCorp (PacifiCorp) and PPM Commission strongly encourages field to access the document. For Energy, Inc. (PPM Energy) (collectively electronic filings. assistance, please contact FERC Online Applicants) filed with the Federal Support at Energy Regulatory Commission Comment Date: July 29, 2003. [email protected] or toll- (Commission) an application, pursuant Magalie R. Salas, free at (866)208–3676, or for TTY, to section 203 of the Federal Power Act Secretary. contact (202)502–8659. The answer to and part 33 of the Commission’s the complaint, comments, protests and [FR Doc. 03–18312 Filed 7–17–03; 8:45 am] Regulations, for an order disclaiming interventions may be filed electronically jurisdiction or, in the alternative, for an BILLING CODE 6717–01–P via the Internet in lieu of paper; see 18 order authorizing an intracorporate CFR 385.2001(a)(1)(iii) and the reorganization whereby NA General instructions on the Commission’s Web Partnership (NAGP) will be merged into site under the ‘‘e-Filing’’ link. The

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Commission strongly encourages DEPARTMENT OF ENERGY Transco indicates that the Primary Term electronic filings. of the service agreement under Rate Federal Energy Regulatory Comment Date: July 21, 2003. Schedule X–248 ended on January 21, Commission 1983. Transco explains that, by letter Magalie R. Salas, [Docket No. CP03–328–000] dated April 28, 2003, Brooklyn Union Secretary. provided Transco sufficient notice to [FR Doc. 03–18217 Filed 7–17–03; 8:45 am] Transcontinental Gas Pipe Line terminate the subject service agreement BILLING CODE 6717–01–P Corporation; Notice of Application under Rate Schedule X–248 as of the date of the Commission’s order July 14, 2003. authorizing the abandonment of service. DEPARTMENT OF ENERGY Take notice that on June 26, 2003, Any person desiring to be heard or to Transcontinental Gas Pipe Line protest said filing should file a motion Federal Energy Regulatory Corporation (Transco), filed in Docket to intervene or a protest with the Commission No. CP03–328–000 an application, in Federal EnergyRegulatory Commission, abbreviated form, pursuant to section 888 First Street, NE., Washington, DC 7(b) of the Natural Gas Act, as amended, [Docket No. GT02–35–000, et al.,] 20426, in accordance with Sections and the Rules and Regulations of the 385.314 or 385.211 of the Commission’s Tennessee Gas Pipeline Company, Federal Energy Regulatory Commission, Rules and Regulations. All such motions Northern Natural Gas Company, for an order permitting and approving and protests must be filed on or before Standards for Business Practices of abandonment of a transportation and the comment date. Protests will be Interstate Natural Gas Pipelines; exchange service provided to The considered by the Commission in Notice of Redocketing of Filings Brooklyn Union Gas Company determining the appropriate action to be (Brooklyn Union) and Dominion taken, but will not serve to make July 14, 2003. Transmission, Inc (DTI) under Transco’s protestants parties to the proceedings. Rate Schedule X–99 and a Take notice that on June 16, 2003, the Any person wishing to become a party transportation service provided to North American Energy Standards must file a motion to intervene. This Brooklyn Union, as more fully set forth Board (NAESB) filed its Progress Report filing is available for review at the in the application which is on file with on Pipeline Capacity Creditworthiness Commission in the Public Reference the Commission and open to public Standards Development that was Room or may be viewed on the inspection. Commission’sWeb site at http:// docketed in Docket No. RM96–1–000. In such application, Transco states www.ferc.gov using the ‘‘FERRIS’’ link. All subsequent comments relating to that it entered into an interruptible Enter the docket number excluding the this report, including those filed in transportation and exchange agreement Docket Nos. GT02–35–000 and GT02– with BrooklynUnion and DTI, on July 1, last three digits in the docket number 38-000, are being docketed in Docket 1975, under which Transco transports field to access the document. For No. RM96–1–000. These include: North gas on an interruptible basis for assistance, please contact FERCOnline American Energy Standards Board Brooklyn Union, now doing business as Support at Progress Report on Pipeline Capacity KeySpan Energy Delivery New York, on [email protected] or toll- Creditworthiness Standards an interruptible basis and exchanges gas free at (866) 208–3676, or TTY, contact Development (filed May 23, 2003); the with DTI, successor to Consolidated Gas (202) 502–8659. The Commission Comments of EnCana Marketing (USA) SupplyCorporation, under Rate strongly encourages electronic filings. Inc. (filed June 24, 2003); Supplement to Schedule X–99. Transco further states See 18 CFR 385.2001(a)(1)(iii) and the North American Energy Standards that it entered into an interruptible instructions on the Commission’s Web Board Progress Report on Pipeline transportation agreement with Brooklyn site under the ‘‘e-Filing’’ link. Comment Date: August 4, 2003. Capacity Creditworthiness Standards Union on February 14, 1983, under Development (filed June 25, 2003); which Transco transports gas, on an Magalie R. Salas, Motion to Intervene and Preliminary interruptible basis, for Brooklyn Union Secretary. Comments of Midland Cogeneration under Rate Schedule X–248. Venture, LP (June 27, 2003); and [FR Doc. 03–18307 Filed 7–17–03; 8:45 am] In the instant application, Transco BILLING CODE 6717–01–P Comments of the KeySpan Delivery states that it seeks authorization to Companies (filed July 3, 2003). abandon both the transportation and These filings are available for review exchange agreement with Brooklyn DEPARTMENT OF ENERGY at the Commission in the Public Union and DTI and the transportation Reference Room or may be viewed on agreement with Brooklyn Union, Federal Energy Regulatory the Commission’s Web site at http:// effective on the date of the Commission Commission’s order authorizing the www.ferc.gov using the ‘‘FERRIS’’ link, [Docket No. EG03–72–000] under Docket No. RM96–1–00. Enter the abandonments, pursuant to docket number excluding the last three BrooklynUnion’s and DTI’s election to Whiting Leasing LLC; Errata Notice digits in the docket number field to terminate their service agreements. access the document. For Assistance, Transco states that the Primary Term July 14, 2003. please contact FERC Online Support at of the service agreement under Rate On May 29, 2003, the Commission [email protected] or toll- Schedule X–99 ended on September 24, issued a Notice of Application for free at (866) 208–3676, or TTY, contact 1976. Transco further states that by Commission Determination of Exempt (202) 502–8659. letter dated January 9, 2001, Brooklyn Wholesale Generator Status in the Union and DTI provided Transco above-captioned proceeding, 68 FR Magalie R. Salas, sufficient notice to terminate the subject 33,390. The name of the applicant was Secretary. agreement under Rate Schedule X–99 as incorrectly listed as Whiting Clean [FR Doc. 03–18315 Filed 7–17–03; 8:45 am] of the date of the Commission’s order Energy, Inc. The correct name of the BILLING CODE 6717–01–P authorizing the abandonment of service. applicant is Whiting Leasing LLC. We

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have incorporated this correction to this DEPARTMENT OF ENERGY states that it has also notified the Errata Notice. Commission of its intention to terminate Federal Energy Regulatory a related wholesale power sales contract Magalie R. Salas, Commission with PG&E Energy Trading-Power, L.P., Secretary. [Docket No. EC03–101–000, et al.] Service Agreement No. 1 under FERC [FR Doc. 03–18313 Filed 7–17–03; 8:45 am] Electric Tariff, Original Volume No. 1, BILLING CODE 6717–01–P Eagle Energy Partners, Inc., et al.; effective date November 1, 2001 in Electric Rate and Corporate Filings Docket No. ER02–449, in connection with the proposed asset sale to AMP- DEPARTMENT OF ENERGY July 10, 2003. Ohio. PG&E Dispersed Gen has The following filings have been made requested a shortened comment period Federal Energy Regulatory with the Commission. The filings are of two weeks. Commission listed in ascending order within each Comment Date: July 23, 2003. docket classification. [Docket No. ER02–2014–012] [Docket Nos. CP03–33–000, CP03–35–000 [Docket No. EC03–101–000 4. Entergy Services, Inc., and CP03–79–000] 1. Eagle Energy Partners, Inc., Eagle Energy Partners I, L.P. Take notice that on July 7, 2003, Wyckoff Gas Storage Company, LLC; Entergy Services, Inc., on behalf of the Notice of Public Meeting Take notice that on July 3, 2003, Eagle Entergy Operating Companies, Entergy Energy Partners, Inc. (Eagle Inc.) and Arkansas, Inc., Entergy Gulf States, Inc., Eagle Energy Partners I, L.P. (Eagle L.P.) July 14, 2003. Entergy Louisiana, Inc., Entergy filed with the Federal Energy Regulatory The staff of the Federal Energy Mississippi, Inc., and Entergy New Commission (Commission) an Orleans, Inc. (collectively Entergy), filed Regulatory Commission will conduct a application pursuant to section 203 of a compliance filing in response to three meeting with Wyckoff Gas Storage the Federal Power Act for authorization Commission Orders (103 FERC ¶ 61,270, Company, LLC (Wyckoff) and any other of the transfer of Eagle Inc.’’s Rate 103 FERC ¶ 61.271, 104 FERC ¶ 61,011) interested persons to discuss a new Schedule FERC No. 1 to Eagle L.P. related to Entergy’s Generator Operating proposal by Wyckoff to file an Comment Date: July 24, 2003. application for an exemption under Limits procedures. Entergy states that [Docket Nos. EC03–102–000 and ER03–1016– the compliance filing implements section 7(c) of the Natural Gas Act to 000] drill two confirmation wells at the revisions to Attachment Q to the Entergy Open Access Transmission location of its proposed Storage Project 2. The Cincinnati Gas & Electric Company, The Dayton Power and Light Tariff that were required by these in Steuben County, New York. Company, Columbus and Southern orders. Wyckoff’s application for a certificate Ohio Electric Company Comment Date: July 28, 2003. to construction and operate the Storage Take notice that on July 1, 2003, The [Docket No. ER02–2330–016] Project is pending in Docket No. CP03– Cincinnati Gas & Electric Company 33–000, et al. Wyckoff will seek 5. New England Power Pool and ISO (CG&E), The Dayton Power and Light New England Inc. exemption authority to drill the two Company (Dayton) and Columbus and confirmation wells for purposes of Southern Ohio Electric Company Take notice that on July 7, 2003, the conducting various geologic tests to (Columbus) jointly submitted certain New England Power Pool (NEPOOL) confirm the commercial feasability of joint transmission ownership Participants Committee and ISO New developing its Storage Project in the agreements and amendments thereto, by England Inc. (ISO-NE) submitted for target reservoirs. It proposes to ask the and among CG&E, Dayton, and filing information related to Commission to grant such authorization Columbus pursuant to sections 205 and transmission upgrades for Southwest by the end of August 2003 so that it can 203 of the Federal Power Act. Connecticut to receive socialized cost commence drilling operations the first Comment Date: July 22, 2003. treatment, and an appropriate week of September 2003. [Docket Nos. EC03–103–000 and ER03–1026– percentage of the costs of each project 000] to be socialized, as well as additional All interested parties may attend. explanation for the use of Real-Time Interested parties can meet staff and 3. PG&E Dispersed Generating Load Obligation Deviations to allocate Wyckoff’s representatives on July 21, Company, LLC Operating Reserve Charges in 2003, at 10:00 a.m., in Room No. 62–26, Take notice that on July 2, 2003, compliance with the Commission’s at the Federal Energy Regulatory PG&E Dispersed Generating Company, Order, 103 FERC ¶ 61,304. Commission, 888 First Street, NE., LLC (PG&E Dispersed Gen) filed with The NEPOOL Participants Committee Washington, DC 20426. the Federal Energy Regulatory and ISO-NE state that copies of these For further information, please Commission (Commission) an materials were sent to all persons contact the Office of External Affairs at application for disposition of identified on the service lists in the (202) 208–1088. jurisdictional facilities under section captioned proceedings, the NEPOOL 203 of the Federal Power Act. PG&E Participants and the six New England Magalie R. Salas, Dispersed Gen requests Commission state governors and regulatory Secretary. approval to sell to American Municipal commissions. [FR Doc. 03–18308 Filed 7–17–03; 8:45 am] Power-Ohio, Inc. step-up transformers Comment Date: July 28, 2003. BILLING CODE 6717–01–P and interconnecting transmission lines [Docket No. ER03–386–004] associated with three natural-gas fired peaking combustion turbine generating 6. Southern Company Services, Inc. facilities, each with a maximum Take notice that on July 7, 2003, nominal rated capacity of 49.5 MW, Southern Company Services, Inc. (SCS), located in Ohio. PG&E Dispersed Gen on behalf of Georgia Power Company,

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made a compliance filing in accordance tendered for filing an amendment to the tendered for filing with the Federal with the June 4, 2003, Federal Energy Notice of Cancellation filed on June 16, Energy Regulatory Commission Regulatory Commission’s Order, 103 2003 in Docket No. ER03–960–000. PG pursuant to section 205 of the Federal FERC ¶ 61,279. Power states that it is proposing to Power Act an executed Interconnection Comment Date: July 28, 2003. amend the June 16, 2003 filing to and Operating Agreement between FPL [Docket Nos. ER03–608–003, ER00–2019–010 remove the Notice of Cancellation and FPL Energy Seabrook, LLC (FPLE and ER01–819–005] submitted for PG Power. PG Power Seabrook) that sets forth the terms and explains that it is proposing to void the conditions governing the 7. California Independent System Notice of Cancellation of its market- interconnection of FPLE Seabrook’s Operator Corporation based tariff because it will continue to generating facility to FPL’s 345 kV Take notice that on July 7, 2003, the engage in the sale of electricity at substation. California Independent System Operator wholesale and the previous Notice of Comment Date: July 28, 2003. Corporation (ISO) tendered for filing in Cancellation was erroneously filed. [Docket No. ER03–1039–000 compliance with the Commission’s Comment Date: July 28, 2003. 14. Ampro Energy Wholesale, Inc. Order of May 30, 2003, 103 FERC [Docket No. ER03–1035–000] ¶ 61,260, (Order) in which the Take notice that on July 7, 2003, Commission acted on an amendment 10. International Falls Power Company Ampro Energy Wholesale, Inc. (AmPro (Amendment No. 49) to the ISO Tariff. Take notice that on July 7, 2003, Wholesale) petitioned the Commission In the Order (at P25), the Commission International Falls Power Company for acceptance of AmPro Wholesale Rate required that the ISO submit a report (IFPC) filed with the Commission a Schedule FERC No. 1; the granting of identifying the Scheduling Coordinators Notice of Termination of IFPC’s market- certain blanket approvals, including the who are not in compliance with the based rate tariff. IFPC requests waiver of authority to sell electricity at market- metering requirement as described in the Commission’s prior notice based rates; and the waiver of certain the ISO Tariff, the reasons for the non- requirements so that the termination Commission regulations. compliance, and the anticipated date of may be effective July 15, 2003. AmPro Wholesale states that it compliance. Comment Date: July 28, 2003. intends to engage in wholesale electric The ISO states it has served copies of [Docket No. ER03–1036–000] power and energy purchases and sales this filing on the Public Utilities as a marketer. AmPro Wholesale also Commission of the State of California, 11. PJM Interconnection, L.L.C. states that it is not in the business of the California Energy Commission, the Take notice that on July 3, 2003, PJM generating or transmitting electric California Electricity Oversight Board, Interconnection, L.L.C. (PJM), submitted power. the Participating Transmission Owners for filing a revised interconnection Comment Date: July 28, 2003. under the ISO Tariff, all parties with service agreement and an interim [Docket No. ER03–1040–000] effective Scheduling Coordinator interconnection service agreement that Service Agreements under the ISO PJM has executed between 15. Trident Energy Marketing, Inc. Tariff, and to all parties not among the ConocoPhillips Company and PPL Take notice that on July 7, 2003, foregoing on the restricted service list. Holtwood, L.L.C., respectively, and a Trident Energy Marketing, Inc., The ISO also states that this filing will Notice of Cancellation for an agreement submitted for filing a Notice of be posted on the ISO’s Web site. that has been superseded. Cancellation of its market-based rate Comment Date: July 28, 2003. PJM requests a waiver of the tariff and a request for relief of the EQR [Docket Nos. ER03–932–001 and ER03–296– Commission’s 60-day notice filing requirements. 003] requirement to permit an effective date Comment Date: July 28, 2003. of June 4, 2003 for the agreements. PJM Standard Paragraph 8. Flying Cloud Power Partners, LLC states that copies of this filing were Take notice that on July 7, 2003, served upon the parties to the Any person desiring to intervene or to Flying Cloud Power Partners, LLC agreements and the state regulatory protest this filing should file with the (Flying Cloud) and Heartland Wind LLC commissions within the PJM region. Federal Energy Regulatory Commission, (Heartland Wind) amended its Notice of Comment Date: July 24, 2003. 888 First Street, NE., Washington, DC Change in Status for Approval of [Docket No. ER03–1037–000] 20426, in accordance with Rules 211 Market-Based Rate Authority, and Filing and 214 of the Commission’s Rules of of Code of Conduct and Conforming 12. Entergy Services, Inc. Practice and Procedure (18 CFR 385.211 Changes to Market-Based Rate Schedule Take notice that on July 3, 2003, and 385.214). Protests will be filed with the Federal Energy Regulatory Entergy Services, Inc., (Entergy considered by the Commission in Commission on June 5, 2003. Flying Services) on behalf of Entergy Arkansas, determining the appropriate action to be Cloud and Hartland Wind state that the Inc., Entergy Gulf States, Inc., Entergy taken, but will not serve to make amendment reflects changes to the Rate Louisiana, Inc., Entergy Mississippi, protestants parties to the proceeding. Schedule to conform to Commission Inc., and Entergy New Orleans, Inc., Any person wishing to become a party precedent and practice regarding tendered for filing an Amendment to the must file a motion to intervene. All such affiliate transactions (see 101 FERC Service Agreement for Network motions or protests should be filed on ¶ 61,331). Flying Cloud and Heartland Integration Transmission Service and or before the comment date, and, to the Wind request a waiver of the 60-day Network Operating Agreement between extent applicable, must be served on the notice and 120-day prefiling Entergy Services and the City of North applicant and on any other person requirements under 18 CFR 35.3. Little Rock, Arkansas. designated on the official service list. Comment Date: July 28, 2003. Comment Date: July 24, 2003. This filing is available for review at the [Docket No. ER03–960–001] [Docket No. ER03–1038–000] Commission or may be viewed on the Commission’s Web site at http:// 9. PG Power Sales One, L.L.C. 13. Florida Power & Light Company www.ferc.gov , using the ‘‘FERRIS’’ link. Take notice that on July 7, 2003, PG Take notice that on July 7, 2003, Enter the docket number excluding the Power Sales One, L.L.C. (PG Power) Florida Power & Light Company (FPL) last three digits in the docket number

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field to access the document. For proposed change simply identifies the [Docket No. ER03–1043–000] assistance, contact FERC Online power flow models as ‘‘updated.’’ 5. Southern Company Services, Inc. Support at ComEd states that the change is [email protected] or toll- necessary because as PJM takes over Take notice that on July 8, 2003, free at (866)208–3676, or for TTY, determining Available Transfer Southern Company Services, Inc. (SCS), contact (202)502–8659. Protests and Capability (ATC), a preliminary phase acting on behalf of Alabama Power interventions may be filed electronically leading to ComEd’s integration into Company, filed a Notice of Cancellation of the portions of the Interconnection via the Internet in lieu of paper; see 18 PJM, the power flow models used to Agreement dated May 5, 1980 between CFR 385.2001(a)(1)(iii) and the determine ATC in some instances may Alabama Electric Cooperative, Inc. and instructions on the Commission’s Web not be updated by MAIN. site under the ‘‘e-Filing’’ link. The Alabama Power Company (Alabama ComEd asserts that instead, PJM Power Company’s Rate Schedule FERC Commission strongly encourages increasingly will be performing the electronic filings. Secretary. No. 145) that pertain to the supply of updates of the power flow models. emergency service. SCS states that this Magalie R. Salas, ComEd states that the models will be cancellation was made pursuant to a Secretary. the same ones used before integration bilateral amendment to the into PJM, but they will be updated by [FR Doc. 03–18216 Filed 7–16–03; 8:45 am] Interconnection Agreement. PJM rather than MAIN as the integration Comment Date: July 29, 2003. BILLING CODE 6717–01–P proceeds. [Docket No. ER03–1044–000] ComEd states that copies of the filing DEPARTMENT OF ENERGY were served upon the public utility’s 6. Midwest Independent Transmission jurisdictional customers, the Illinois System Operator, Inc. Federal Energy Regulatory Commerce Commission, and interveners Take notice that on July 8, 2003, the Commission in this docket. Midwest Independent Transmission Comment Date: July 29, 2003. System Operator, Inc. (Midwest ISO) [Docket No. EL03–11–002, et al.] [Docket No. ER03–1041–000] pursuant to section 205 of the Federal Power Act and Section 35.12 of the Wisvest-Connecticut, LLC, et al.; 3. Southern Company Services, Inc. Commission’s regulations, 18 CFR Electric Rate and Corporate Filings Take notice that on July 8, 2003, 35.12, submitted for filing an July 11, 2003. Southern Company Services, Inc. (SCS), unexecuted Interconnection and Operating Agreement among American The following filings have been made acting on behalf of Alabama Power Transmission Company LLC, Wisconsin with the Commission. The filings are Company, Georgia PowerCompany, Gulf Electric Power Company d/b/a We listed in ascending order within each Power Company, Mississippi Power Energies, and Midwest ISO. docket classification. Company, and SavannahElectric and Power Company (collectively Southern Midwest ISO states that a copy of this [Docket No. EL03–11–002] Companies), filed a Notice of filing was served on American 1. Wisvest-Connecticut, LLC v. ISO New Cancellation of Service Schedule A and Transmission Company LLC and England Inc. Service Schedule GES of the Wisconsin Electric Power Company d/b/ a We Energies. Take notice that on July 7, 2003, the Interchange Contract dated February 25, 1982 between Gulf States Utilities Comment Date: July 29, 2003. New England Power Pool (NEPOOL) [Docket No. ER03–1045–000] Participants Committee and ISO New Company and Southern Companies England Inc. (ISO-NE) submitted for (Southern Operating Companies’ First 7. Southern Company Services, Inc. filing changes to NEPOOL Market Rule Revised Rate Schedule FERC No. 59). SCS states that the cancellations were Take notice that on July 8, 2003, and Procedure No. 11 in compliance Southern Company Services, Inc. (SCS), with the Commission’s order in Wisvest made pursuant to a bilateral amendment to the Interchange Contract. acting on behalf of Alabama Power Connecticut, LLC v. ISO New England, Company, Georgia Power Company, Comment Date: July 29, 2003. Inc., 103 FERC § 61,302 (2003). Gulf Power Company, Mississippi The NEPOOL Participants Committee [Docket No. ER03–1042–000] Power Company, and Savannah Electric and ISO-NE state that copies of these 4. Midwest Independent Transmission and Power Company (collectively materials were sent to all persons System Operator, Inc. Southern Companies), filed a revised identified on the service lists in the Interim Agreement for Network captioned proceedings, the NEPOOL Take notice that on July 8, 2003, the Integration Transmission Service and Participants and the six New England Midwest Independent Transmission Complementary Services between the state governors and regulatory System Operator, Inc. (Midwest ISO) Southeastern Power Administration commissions. pursuant to section 205 of the Federal (SEPA) and SCS, as agent for Southern Comment Date: August 6, 2003. Power Act and Section 35.12 of the Companies (Rate Schedule FERC No. [Docket No. ER03–949–001] Commission’s regulations, 18 CFR 35.12 400). SCS states that the revised Interim , submitted for filing an unexecuted Agreement provides that SEPA may 2. Commonwealth Edison Company Interconnection and Operating allocate additional capacity and energy Take notice that on July 8, 2003, Agreement among American to certain of its customers and Southern Commonwealth Edison Company Transmission Company LLC , Edison Companies will schedule those (ComEd), tendered for filing a proposed Sault Electric Company and the additional resources to those customers. amendment to its FERC Electric Service Midwest ISO. Comment Date: July 29, 2003. Tariff, Second Revised Vol. No. 5. Midwest ISO states that a copy of this [Docket No. ER03–1046–000] ComEd states that the proposed changes filing was served on American eliminate from Schedule C the reference Transmission Company LLC and Edison 8. California Independent System to use of power flow models ‘‘updated Sault Electric Company. Take notice that on July 8, 2003, the by MAIN.’’ ComEd also states that the Comment Date: July 29, 2003. California Independent System Operator

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Corporation (ISO) submitted an and 385.214). Protests will be Commission will use the EIS in its amendment (Amendment No. 54) to the considered by the Commission in decision-making process to determine ISO Tariff. The ISO states that the determining the appropriate action to be whether or not to authorize the project. proposed Tariff changes and taken, but will not serve to make The Weaver’s Cove LNG Project is in clarifications in Amendment No. 54 protestants parties to the proceeding. the preliminary design stage. At this further the Real Time Imbalance Energy Any person wishing to become a party time no formal application has been Market design elements in Phase 1 of must file a motion to intervene. All such filed with the FERC. For this project, the the ISO’s Comprehensive Market Design motions or protests should be filed on FERC staff is initiating its National 2002 (MD02) initiative and complement or before the comment date, and, to the Environmental Policy Act (NEPA) the market design changes that were extent applicable, must be served on the review prior to receiving the implemented on October 30, 2002 as applicant and on any other person application. The purpose of the NEPA part of MD02 Phase 1A. The ISO states designated on the official service list. Pre-filing Process is to involve that copies of Amendment No. 54 has This filing is available for review at the interested stakeholders early in project been served upon the Public Utilities Commission or may be viewed on the planning and to identify and resolve Commission of California, the California Commission’s Web site at http:// issues before an application is filed with Energy Commission, the California www.ferc.gov , using the ‘‘FERRIS’’ link. the FERC. A docket number (PF03–4– Electricity Oversight Board, all entitles Enter the docket number excluding the 000) has been established to place with effective ISO Scheduling last three digits in the docket number information filed by Weaver’s Cove and Coordinator agreements, and all parties field to access the document. For related documents issued by the in the proceeding in Docket No. ER02– assistance, contact FERC Online Commission, into the public record.1 1656–000. Support at Once a formal application is filed with Comment Date: July 29, 2003. [email protected] or toll- the FERC, a new docket number will be [Docket No. ER03–1048–000] free at (866)208–3676, or for TTY, established. 9. Midwest Independent Transmission contact (202)502–8659. Protests and On May 2, 2003, the FERC staff System Operator, Inc. interventions may be filed electronically participated in an interagency meeting via the Internet in lieu of paper; see 18 in Fall River, Massachusetts to discuss Take notice that on July 8, 2003, the CFR 385.2001(a)(1)(iii) and the the project and the environmental Midwest Independent Transmission instructions on the Commission’s Web review process with Weaver’s Cove and System Operator, Inc. (Midwest ISO) site under the ‘‘e-Filing’’ link. The other key Federal and state agencies. pursuant to section 205 of the Federal Commission strongly encourages These agencies included: the U.S. Army Power Act and Section 35.12 of the electronic filings. Corps of Engineers; the U.S. Coast Commission’s regulations, 18 CFR Guard; the Massachusetts Department of Magalie R. Salas, 35.12, submitted for filing an Environmental Protection, Energy unexecuted Interconnection and Secretary. Facilities Siting Board, and Executive Operating Agreement among American [FR Doc. 03–18314 Filed 7–17–03; 8:45 am] Office of Environmental Affairs; and the Transmission Company LLC, Wisconsin BILLING CODE 6717–01–P Rhode Island Coastal Resources Public Service Corporation and the Management Council and Department of Midwest ISO. Environmental Management. With this DEPARTMENT OF ENERGY Midwest ISO states that a copy of this notice, we 2 are asking these and other filing was served on American Federal, state, and local agencies with Transmission Company LLC and Federal Energy Regulatory Commission jurisdiction and/or special expertise Wisconsin Public Service Corporation. with respect to environmental issues to Comment Date: July 29, 2003. [Docket No. PF03–4–000] formally cooperate with us in the [Docket No. ER03–1052–000] preparation of the EIS. These agencies Weaver’s Cove Energy L.L.C. and Mill may choose to participate once they 10. The Green Power Connection River Pipeline L.L.C.; Notice of Intent have evaluated the proposal relative to To Prepare an Environmental Impact Take notice that on July 8, 2003, The their responsibilities. Agencies which Statement for the Proposed Weaver’s Green Power Connection pursuant to would like to request cooperating status Cove LNG Project, Request for Federal Power Act, 18 CFR 35.15 and should follow the instructions for filing Comments on Environmental Issues, 131.53, submitted for filing a Notice of comments described later in this notice. and Notice of Joint Public Scoping Cancellation of its FERC market-based This notice is being sent to residences Meeting electric tariff filed in Docket No. ER97– within 0.5 mile of the proposed LNG 3888. terminal site; landowners along the The Green Power Connection states July 11, 2003. various pipeline routes under that copies of this filing have not been The staff of the Federal Energy consideration; Federal, state, and local served on any party because it has not Regulatory Commission (FERC or government agencies; elected officials; engaged in any sales of electric power Commission) will prepare an environmental and public interest or entered into any power or related environmental impact statement (EIS) groups; Native American tribes; and contracts with any purchasers. that will discuss the environmental Comment Date: July 29, 2003. impacts of Weaver’s Cove Energy local libraries and newspapers. We L.L.C.’s and Mill River Pipeline L.L.C.’’s encourage government representatives Standard Paragraph (collectively referred to as Weaver’s to notify their constituents of this Any person desiring to intervene or to Cove) proposed Weaver’s Cove LNG planned project and encourage them to protest this filing should file with the Project in Fall River, Massachusetts. The comment on their areas of concern. Federal Energy Regulatory Commission, proposed facilities would consist of 888 First Street, NE., Washington, DC liquefied natural gas (LNG) import 1 To view information in the docket, follow the instructions for using the FERRIS link at the end of 20426, in accordance with Rules 211 terminal, storage, and vaporization this notice. and 214 of the Commission’s Rules of facilities and one or more 2 ‘‘We,’’ ‘‘us,’’ and ‘‘our’’ refer to the Practice and Procedure (18 CFR 385.211 interconnecting pipeline. The environmental staff of the Office of Energy Projects.

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Some affected landowners may be Weaver’s Cove is requesting approval state, and local government agencies; contacted by a project representative to begin construction of the LNG elected officials; environmental and about the acquisition of an easement to facilities in the Fall of 2004. The public interest groups; Native American construct, operate, and maintain the approximate duration of construction of tribes; affected landowners; other proposed facilities. If so, the company the terminal facilities would be 3 years. interested parties; local libraries and should seek to negotiate a mutually The duration of pipeline construction newspapers; and the Commission’s acceptable agreement. In the event that would be approximately 4 months. official service list for this proceeding. the project is certificated by the Weaver’s Cove proposes to place the A 45-day comment period will be Commission, that approval conveys the project in service in the Fall of 2007. allotted for review of the draft EIS. We will consider all comments on the draft right of eminent domain for securing Land Requirements easements for the pipeline. Therefore, if EIS and revise the document, as easement negotiations fail to produce an The proposed LNG terminal would be necessary, before issuing a final EIS. In agreement, the company could initiate on a 68-acre site zoned for industrial use addition, we will consider all comments condemnation proceedings in on the Taunton River in Fall River, on the final EIS before we make our accordance with state law. Massachusetts. The site has been recommendations to the Commission. formerly used as an oil refinery and a A fact sheet prepared by the FERC Public Participation entitled ‘‘An Interstate Natural Gas marine import terminal for petroleum Facility On My Land? What Do I Need products. The riverfront areas of the site You can make a difference by To Know?’’ is attached to this notice as are in a Designated Port Area as defined providing us with your specific appendix 1.3 This fact sheet addresses a by the Massachusetts Coastal Zone comments or concerns about the project. number of typically asked questions, Management plan. By becoming a commentor, your including the use of eminent domain The project would also require concerns will be addressed in the EIS and how to participate in the maintenance and improvement dredging and considered by the Commission. You Commission’s proceedings. It is also of approximately 7 miles of the Taunton should focus on the potential available for viewing on the FERC River Federal Navigation Channel and a environmental effects of the proposal, turning basin to enable the LNG tankers Internet Web site (http://www.ferc.gov). alternatives to the proposal (including to access the proposed site. The alternative locations and routes), and Summary of the Proposed Project dredging would occur in Massachusetts measures to avoid or lessen Weaver’s Cove proposes to construct and Rhode Island. The total volume of environmental impact. The more and operate an LNG import terminal dredging is anticipated to be about specific your comments, the more useful and natural gas pipeline to import LNG 2,100,000 cubic yards. The dredged they will be. Please carefully follow and deliver an average of 400 million material would be disposed of in these instructions to ensure that your British thermal units per day (MMBtu/ uplands at the terminal site or, if comments are received in time and d), and a peak of 800 MMBtu/d to unsuitable for upland disposal, by either properly recorded: markets in the northeastern United confined aquatic disposal cell, confined • Send an original and two copies of States. The facilities would consist of: disposal, or ocean disposal methods. your letter to: Magalie R. Salas, • A pier and unloading facilities The EIS Process Secretary, Federal Energy Regulatory Commission, 888 First St., NE., Room capable of receiving LNG tankers with a NEPA requires the Commission to capacity of up to 145,000 cubic meters; 1A, Washington, DC 20426; • take into account the environmental • Label one copy of your comments One LNG storage tank with an impacts that could result from an action capacity of 200,000 cubic meters (4.4 for the attention of Gas Branch 1; and whenever it considers the issuance of a • billion cubic feet of gas equivalent); Reference Docket No. PF03–4–000 • Certificate of Public Convenience and on the original and both copies. Vaporization equipment and Necessity, or an import authorization ancillary facilities; Please note that we are continuing to • under Section 3 of the Natural Gas Act. experience delays in mail deliveries Truck loading facilities to deliver NEPA also requires us to discover and LNG to other facilities in the from the U.S. Postal Service. Therefore, address issues and concerns the public the Commission encourages electronic northeastern United States; and may have about proposals. This process • Two 24-inch-diameter pipelines, filing of comments. See 18 CFR is referred to as ‘‘scoping.’’ The main 385.2001(a)(1)(iii) and the instructions between 3 and 7 miles long, to goal of the scoping process is to focus interconnect with the Algonquin Gas on the Commission’s Internet Web site the analysis in the EIS on the important at http://www.ferc.gov under the ‘‘e- Transmission Company pipeline environmental issues and reasonable system.4 Filing’’ link and the link to the User’s alternatives. By this notice, we are Guide. Prepare your submission in the A map depicting the proposed requesting agency and public comments terminal site and the various pipeline same manner as you would if filing on on the scope of the issues to be analyzed paper and save it to a file on your hard routes under consideration is provided and presented in the EIS. All scoping in appendix 2.5 drive. Before you can file comments you comments received will be considered will need to create an account by during the preparation of the EIS. To 3 clicking on ‘‘Login to File’’ and then The appendices referenced in this notice are not ensure your comments are considered, being printed in the Federal Register. Copies are ‘‘New User Account.’’ You will be asked available on the Commission’s Internet Web site ( please carefully follow the instructions to select the type of filing you are http://www.ferc.gov ) at the ‘‘FERRIS’’ link or from in the public participation section of the Commission’s Public Reference and Files making. This filing is considered a this notice. ‘‘Comment on Filing.’’ Maintenance Branch at (202) 502–8371. For Our independent analysis of the instructions on connecting to FERRIS refer to the last page of this notice. issues will be included in a draft EIS. Public Scoping Meeting 4 Weaver’s Cove has not yet identified its The draft EIS will be mailed to Federal, In addition to or in lieu of sending preferred route for the sendout pipelines. Three written comments, we invite you to alternatives, all predominantly along existing local 508–678–5700, toll free 1–800–633–5700, or attend a public scoping meeting that we rights-of-way, are currently under consideration. [email protected] (Web site will be available 5 Requests for detailed maps of the facilities may by July 31, 2003). Be as specific as you can about will conduct in conjunction with the be made to the company directly. Call or e-mail: the location(s) of your area(s) of interest. Massachusetts Executive Office of

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Environmental Affairs. The location and about the project, and will always See 18 CFR 385.2001(a)(1)(iii) and the time for this meeting is listed below: accept comments. instructions on the Commission’s Web July 29, 2003, 6 pm, Venus de Milo site at http://www.ferc.gov. Magalie R. Salas, Please include the docket number Restaurant, 75 GAR Highway, Secretary. (DI03–4–000) on any comments or Swansea, Massachusetts 02777, (508) [FR Doc. 03–18219 Filed 7–17–03; 8:45 am] motions filed. 678–3901 BILLING CODE 6717–01–P k. Description of Project: The The public scoping meeting is proposed run-of-river Watterson designed to provide Federal, state, and Hydroelectric Project would consist of: local agencies, interested groups, DEPARTMENT OF ENERGY (1) A diversion structure using a 2-foot- affected landowners, and the general by-2-foot hydroscreen; (2) a 6-inch- Federal Energy Regulatory public with more detailed information diameter, 3,100-foot-long pipeline; (3) a Commission and another opportunity to offer Pelton-wheel turbine with a rated comments on the proposed project. [Docket No. DI03–4–000] capacity of 12 kW, and an inverter Interested groups and individuals are which will store the power in batteries; encouraged to attend the meeting and to Renotice of Declaration of Intention and (4) appurtenant facilities. The present comments on the environmental and Soliciting Comments, Motions to project will not be connected to the issues they believe should be addressed Intervene, and Protests local utility or any other power in the EIS. A transcript of the meeting July 14, 2003. company, or transmission grid. When a Declaration of Intention is will be made so that your comments On July 2, 2003, the Commission filed with the Federal Energy Regulatory will be accurately recorded. issued a ‘‘Notice of Declaration of Commission, the Federal Power Act Intention and Soliciting Comments, Availability of Additional Information requires the Commission to investigate Motions to Intervene, and Protests.’’ In and determine if the interests of Additional information about the paragraph ‘‘f’’ at the end of the second interstate or foreign commerce would be project is available from the line, it reads ‘‘Range 2 East.’’ It should Commission’s Office of External Affairs, affected by the project. The Commission read Range 3 East. The comment date is also determines whether or not the at 1–866–208 FERC (3372) or on the now changed from August 4, 2003 in the FERC Internet Web site (http:// project: (1) Would be located on a July 2 Notice to August 13, 2003. For navigable waterway; (2) would occupy www.ferc.gov). Using the ‘‘FERRIS’’ link, these reasons, this application is being select ‘‘General Search’’ from the or affect public lands or reservations of renoticed. the United States; (3) would utilize FERRIS menu, enter the selected date a. Application Type: Declaration of surplus water or water power from a range and ‘‘Docket Number’’ (i.e., PF03– Intention. government dam; or (4) if applicable, 4–000), and follow the instructions. b. Docket No: DI03–4–000. Searches may also be done using the c. Date Filed: June 19, 2003. has involved or would involve any phrase ‘‘Weaver’s Cove’’ in the ‘‘Text d. Applicant: Scott Watterson. construction subsequent to 1935 that Search’’ field. For assistance with access e. Name of Project: Watterson may have increased or would increase to FERRIS, the helpline can be reached Hydroelectric Project. the project’s head or generating at 1–866–208–3676, TTY (202) 502– f. Location: The Watterson capacity, or have otherwise significantly 8659, or at Hydroelectric Project would be located modified the project’s pre-1935 design [email protected]. The on Arbuckle Stream, in Morgan County or operation. l. Locations of the Application: Copies FERRIS link on the FERC Internet Web near Morgan, Utah, at Section 18, of this filing are on file with the site also provides access to the texts of Township 5 North, Range 3 East, Salt Commission and are available for public formal documents issued by the Lake Base and Meridian. The project inspection. This filing may be viewed Commission, such as orders, notices, will not occupy Federal lands. on the Web at http://www.ferc.gov using and rule makings. g. Filed Pursuant to: Section 23(b)(1) of the Federal Power Act, 16 U.S.C. the ‘‘FERRIS’’ link, select ‘‘Docket#’’ In addition, the Commission now 817(b). and follow the instructions. For offers a free service called eSubscription h. Applicant Contact: Mr. Kenneth E. assistance, please contact FERC Online that allows you to keep track of all Gardner, P.E., P.L.S., Gardner Support at formal issuances and submittals in Engineering, 5875 S. Adams Ave [email protected] or toll- specific dockets. This can reduce the Parkway, Suite 200, Ogden, Utah 84405, free at (866) 208–3676, or TTY, contact amount of time you spend researching telephone (801) 476–0202, Fax: (801) (202) 502–8659. proceedings by automatically providing 476–0066; E-mail: m. Individuals desiring to be included you with notification of these filings, [email protected]. on the Commission’s mailing list should document summaries, and direct links i. FERC Contact: Any questions on so indicate by writing to the Secretary to the documents. To register for this this notice should be addressed to of the Commission. service, go to http://www.ferc.gov/ Patricia Gillis (202) 502–8735, or E-mail n. Comments, Protests, or Motions to esubscribenow.htm. address: [email protected]. Intervene—Anyone may submit Finally, Weaver’s Cove is in the j. Deadline for filing comments and/ comments, a protest, or a motion to process of establishing an Internet Web or motions: August 13, 2003. intervene in accordance with the site for this project at http:// All documents (original and eight requirements of Rules of Practice and www.weaverscoveenergy.com. The Web copies) should be filed with: Magalie R. Procedure, 18 CFR 385.210, .211, .214. site will be available by July 31, 2003 Salas, Secretary, Federal Energy In determining the appropriate action to and will include a description of the Regulatory Commission, 888 First take, the Commission will consider all project, an overview map of the terminal Street, NE., Washington, DC 20426. protests or other comments filed, but site and pipeline routes, and a link for Comments, protests, and interventions only those who file a motion to the public to submit comments on the may be filed electronically via the intervene in accordance with the project. Weaver’s Cove will continue to Internet in lieu of paper. Any questions, Commission’s Rules may become a update its Web site with information please contact the Secretary’s Office. party to the proceeding. Any comments,

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protests, or motions to intervene must i. FERC Contact: Blake Condo, powerhouse containing two generating be received on or before the specified [email protected] (202) 502–8914. units with total installed generating comment date for the particular j. Cooperating Agencies: We are capacity of 4.0 megawatts (MW); (4) application. asking Federal, state, and local agencies appurtenant facilities. The dam and o. Filing and Service of Responsive and Indian tribes with jurisdiction and/ existing project facilities are owned by Documents—Any filings must bear in or special expertise with respect to FPL Energy Maine Hydro LLC. all capital letters the title environmental issues to cooperate with o. A copy of the application is on file ‘‘COMMENTS’’, ‘‘PROTEST’’, OR us in the preparation of the with the Commission and is available ‘‘MOTION TO INTERVENE’’, as environmental document. Agencies who for public inspection. This filing may would like to request the cooperating applicable, and the Docket Number of also be viewed on the Web at http:// status should follow the instructions for the particular application to which the www.ferc.gov using the ‘‘FERRIS’’ link- filing comments described in item k filing refers. A copy of any motion to select ‘‘Docket #’’ and follow the intervene must also be served upon each below. k. Pursuant to Section 4.32(b)(7) of 18 instructions. For assistance, please representative of the Applicant contact FERC Online Support at specified in the particular application. CFR of the Commission’s regulations, if any resource agency, Indian tribe, or [email protected] or toll p. Agency Comments: Federal, state, free at (866) 208–3676 or for TTY, and local agencies are invited to file person believes that an additional scientific study should be conducted in contact (202) 502–8659. A copy is also comments on the described application. available for inspection and A copy of the application may be order to form an factual basis for complete analysis of the application on reproduction at the address in item h obtained by agencies directly from the above. Applicant. its merit, the resource agency, Indian p. You may also register online at If an agency does not file comments tribe, or person must file a request for http://www.ferc.gov/esubscribenow.htm within the time specified for filing a study with the Commission no later to be notified via email of new filings comments, it will be presumed to have than 60 days after the application filing and issuances related to this or other no comments. One copy of an agency’s and serve a copy of the request on the pending projects. For assistance, contact comments must also be sent to the applicant. l. Deadline for filing additional study FERC Online Support. Applicant’s representatives. requests and requests for cooperating q. With this notice, we are initiating Magalie R. Salas, agency status: August 29, 2003. consultation with the MAINE STATE Secretary. All documents (original and eight HISTORIC PRESERVATION OFFICER [FR Doc. 03–18310 Filed 7–17–03; 8:45 am] copies) should be filled with: Magalie R. (SHPO), as required by § 106, National Salas, Secretary, Federal Energy BILLING CODE 6717–01–P Historic Preservation Act, and the Regulatory Commission, 888 First regulations of the Advisory Council on Street, NE., Washington, DC 20426. Historic Preservation, 36 CFR 800.4. DEPARTMENT OF ENERGY The Commission’s Rules of Practice require all intervenors filing documents r. Procedural schedule and final Federal Energy Regulatory with the Commission to serve a copy of amendments: The application will be Commission that document on each person on the processed according to the following official service list for the project. Hydro Licensing Schedule. Revisions to Notice of Application Tendered for Further, if an intervenor files comments the schedule will be made as Filing With the Commission, Soliciting or documents with the Commission appropriate. The Commission staff Additional Study Request, and relating to the merits of an issue that proposes to issue one environmental Establishing Procedural Schedule for may affect the responsibilities of a assessment rather than issue a draft and Relicensing and a Deadline for particular resource agency, they must final EA. Comments, terms and Submission of Final Amendments also serve a copy of the document on conditions, recommendations, that resource agency. prescriptions, and reply comments, if July 14, 2003. Additional study requests may be any, will be addressed in an EA issued Take notice that the following filed electronically via the Internet in in early 2005. hydroelectric application has been filed lieu of paper. The Commission strongly with the Commission and is available Issue Acceptance or Deficiency Letter encourages electronic filing. See 18 CFR October 2003. for public inspection. 385.2001(a)(1)(iii) and the instructions a. Type of Application: New Major on the Commission’s Web site ( http:// Issue Scoping Document March 2004. License. www.ferc.gov ) under the ‘‘e-Filing’’ Notice that application is ready for b. Project No.: P–2194–020. link. After logging into the e-Filing environmental analysisJune 2004. c. Date filed: June 30, 2003. system, select ‘‘Comment on Filing’’ Notice of the availability of the EA d. Applicant: FPL Energy Maine from the Filing Type Selection screen December 2004. Hydro, LLC. and continue with the filing process.’’ e. Name of Project: Bar Mills m. The application is not ready for Ready for Commission decision on the Hydroelectric Project. environmental analysis at this time. applicationFebruary 2005. f. Location: On the Saco River, in the n. Project Description: The Bar Mills Final amendments to the application towns of Buxton and Hollis, York Hydroelectric Project consists of the must be filed with the Commission no County, Maine. This project would not following existing facilities: (1) The 400- later than 30 days from the issuance use federal lands. foot-long by 25-foot-high dam, with 6.75 date of the notice of ready for g. Filed Pursuant to: Federal Power foot-high flashboards, and a 90 to 200 environmental analysis. Act 16 U.S.C. 791(a)—825(r). foot wide by 725 foot long power canal; h. Applicant Contact: Mr. F. Allen (2) the 5.3 mile long impoundment, Magalie R. Salas, Wiley, Vice President, FPL Energy which has a surface area of 263 acres at Secretary. Maine Hydro LLC, 160 Capitol Street, the normal full pond elevation of 148.5 [FR Doc. 03–18316 Filed 7–17–03; 8:45 am] Augusta, Maine 04330, (207) 623-8413. feet above mean sea level; (3) a BILLING CODE 6717–01–P

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DEPARTMENT OF ENERGY link. Enter the docket number excluding NW., Washington DC 20004), (202) 564– the last three digits in the docket 4544 (tel.), (202) 501–0323 (fax), or via Federal Energy Regulatory number field to access the document. email at [email protected]. Commission For Assistance, please contact FERC For further information concerning [Docket No. RM98–1–000] Online Support at this nomination process, please contact [email protected] or toll- Mr. Robert Flaak, Acting Deputy Regulations Governing Off-the-Record free at (866) 208–3676, or for TTY, Director for Management, U.S. EPA Communications; Public Notice contact (202) 502–8659. Science Advisory Board Staff Office, Exempt: (202) 564–4546 (tel.), or via email at: July 14, 2003. [email protected]. This constitutes notice, in accordance Date Presenter or with 18 CFR 385.2201(h), of the receipt Docket No. filed requester SUPPLEMENTARY INFORMATION: of exempt and prohibited off-the-record Background—The SAB (42 U.S.C. communications. 1. P–11659–000 ..... 7–8–03 Rob 4365), CASAC (42 U.S.C. 7409) and Order No. 607 (64 FR 51222, Klosowski. COUNCIL (42 U.S.C. 7612) are chartered September 22, 1999) requires Federal Advisory Committees that Commission decisional employees, who Magalie R. Salas, report directly to the EPA make or receive an exempt or a Secretary. Administrator. The mission of these Federal advisory committees, as prohibited off-the-record [FR Doc. 03–18317 Filed 7–17–03; 8:45 am] established by statute, is to provide communication relevant to the merits of BILLING CODE 6717–01–P a contested on-the-record proceeding, to independent scientific and technical deliver a copy of the communication, if peer review advice, consultation, and written, or a summary of the substance recommendations to the EPA ENVIRONMENTAL PROTECTION Administrator on the technical bases for of any oral communication, to the AGENCY Secretary. EPA actions. Additional information Prohibited communications will be [FRL–7530–6] about these Federal Advisory included in a public, non-decisional file Committee can be obtained on the SAB associated with, but not part of, the EPA Science Advisory Board Staff Web site (http://www.epa.sab/gov). decisional record of the proceeding. Office; Request for Nomination of Members serve as Special Unless the Commission determines that Members for the EPA Science Government Employees (SGEs) (40 CFR the prohibited communication and any Advisory Board (SAB), Clean Air part 3, subpart F, or EPA Ethics responses thereto should become part of Scientific Advisory Committee Advisory 88–6 dated 7/6/88) and the decisional record, the prohibited off- (CASAC), and the Advisory Council on receive compensation, in addition to the-record communication will not be Clean Air Compliance Analysis reimbursement at the Federal considered by the Commission in (COUNCIL) government rate for travel and per diem expenses while serving on the SAB, reaching its decision. AGENCY: Environmental Protection Parties to a proceeding may seek the CASAC, and COUNCIL. SGEs are Agency (EPA). opportunity to respond to any facts or subject to certain ethical standards contentions made in a prohibited off- ACTION: Notice. common to all Federal employees. In particular, prior to their appointment, the-record communication, and may SUMMARY: The U.S. Environmental SGEs are required to complete an request that the Commission place the Protection Agency’s Science Advisory information package, including a prohibited communication and Board (SAB) Staff Office is soliciting Confidential Financial Disclosure responses thereto in the decisional nominations for Members to serve on Report. record. The Commission will grant such the EPA Science Advisory Board (SAB), Expertise Sought—As part of the requests only when it determines that the Clean Air Scientific Advisory annual membership drive, the EPA SAB fairness so requires. Any person Committee (CASAC), and the Advisory Staff Office is seeking nominations for identified below as having made a Council on Clean Air Compliance nationally and internationally prohibited off-the-record Analysis (COUNCIL). Individuals recognized non-Federal scientists, communication should serve the responding to this annual request for engineers, economists, and social document on all parties listed on the nominations will be considered for scientists with demonstrated research official service list for the applicable membership vacancies on these three and applied scientific experience and proceeding in accordance with Rule Congressionally mandated Federal expertise in various disciplinary areas 2010, 18 CFR 385.2010. advisory committees. This process Exempt off-the-record that address ecological and/or supplements other efforts to identify communications will be included in the environmental/public health challenges, qualified candidates. decisional record of the proceeding, a multitude of stressors (e.g., physical, unless the communication was with a DATES: Nominations should be biological and chemical agents and cooperating agency as described by 40 submitted in time to arrive no later than mixtures) impacting environmental CFR 1501.6, made under 18 CFR August 18, 2003. media (e.g., air, water, land), monitoring 385.2201(e)(1)(v). FOR FURTHER INFORMATION CONTACT: To and characterizing sources of pollution, The following is a list of prohibited submit a hard copy of the form noted assessing risk to ecosystem and/or and exempt communications recently below (for those unable to submit the human health, prevention and risk received in the Office of the Secretary. information in electronic form), please management technologies, risk The communications listed are grouped contact Ms. Diana Pozun, U.S. EPA communication, environmental data by docket numbers. These filings are Science Advisory Board Staff Office quality, assessing environmental social available for review at the Commission (Mail Code 1400A), 1200 Pennsylvania economic values and cost-benefit in the Public Reference Room or may be Avenue, NW., Washington, DC 20460 analyses. viewed on the Commission’s Web site at (FedEx/Courier address: U.S. EPA SAB, The selected experts will be http://www.ferc.gov using the ‘‘FERRIS’’ Suite 6450, 1200 Pennsylvania Avenue, appointed by the EPA Administrator to

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serve on the CASAC, COUNCIL, the develop a list of recommended EIS No. 030317, Final EIS, AFS, MI, SAB Executive Committee, and/or the candidates to submit to the EPA Interior Wetlands Project, Timber SAB’s standing committees (e.g., Administrator for selection as Members. Harvest, White Pine Trees Pruning, Drinking Water Committee, Ecological The EPA SAB seeks the inclusion of Growth System Adjustment, Wildlife Processes and Effects Committee, candidates who possess the necessary Openings Creation and Maintenance Environmental Economics Advisory domains of knowledge, the relevant and Transportation System Committee, Environmental Engineering scientific perspectives (which, among Improvements, Hiawatha National Committee, Environmental Health other factors, can be influenced by work Forest, Eastside Administrative Unit, Committee, Integrated Human Exposure history and affiliation), and the Chippewa County, MI, Wait Period Committee, Radiation Advisory collective breadth of experience to Ends: August 18, 2003, Contact: Committee, and Research Strategies adequately address the issues facing the Martha Sjogren (906) 643–7900. Ext. Advisory Committee). Agency. Specific criteria to be used in 133. This document is available on How to Apply—Any interested person evaluating potential Members include: the Internet at: (http://www.fs.fed.us/ or organization may nominate qualified (a) Scientific and/or technical expertise, r9/hiawatha). persons to serve on the SAB. knowledge, and experience (primary EIS No. 030318, Draft Supplement, AFS, Individuals may self-nominate. factors); (b) absence of financial NM, Agua/Caballos Timber Sale, Nominees should be qualified by conflicts of interest; (c) scientific Harvesting Timber and Managing scientific education, training, and credibility and impartiality; (d) Existing Vegetation, To Review New experience to evaluate scientific, availability and willingness to serve; Information, Carson National Forest, engineering and/or economics and (e) ability to work constructively EL Rito Ranger District, Taos County, information on issues referred to and and effectively in committees. NM, Comment Period Ends: addressed by the SAB. Successful Those candidates ultimately chosen to September 2, 2003, Contact: Kurt candidates have distinguished serve as Members will be appointed as Winchester (505) 581–4554. This themselves professionally and should be Special Government Employees. As a document is available on the Internet available to invest the time and effort to result, they will all be required to fill- at: http://www.fs.fed.us/r3/carson/ advance the cause of the supporting the out the ‘‘Confidential Financial htm1_main/list_planning.htm1. use of good science through the efforts Disclosure Form for Special EIS No. 030319, Final EIS, AFS, ID, of the SAB. Nominations should be Government Employees Serving on Upper Bear Timber Sale Project, Fuel submitted in electronic format (which is Federal Advisory Committees at the Reduction, Forest Vegetation and preferred over hard copy) through the U.S. Environmental Protection Agency’’ Roads Management, Payette National Form for Nominating Individuals to (EPA Form 3110–48). This confidential Forest, Council Ranger District, Panels of the EPA Science Advisory form allows Government officials to Adams County, ID, Wait Period End: Board provided on the SAB Web site. determine whether there is a statutory August 18, 2003, Contact: Mary The form can be accessed through a link conflict between that person’s public Farnsworth (208) 253–0100. on the blue navigational bar on the SAB responsibilities as a Special Government EIS No. 030320, Draft EIS, AFS, UT, North Rich Cattle Allotment, Proposes Web site, http://www.epa.gov/sab/. To Employee and private interests and to Authorize Grazing, be considered, all nominations should activities, or the appearance of a lack of Implementation, Logan District, include the information requested on impartiality, as defined by Federal Wasatch-Cache National Forest, Cache that form. regulation. The form may be viewed and and Rich Counties, UT, Comment The nominating form requests contact downloaded from the following URL Period Ends: September 2, 2003, information about the person making address: http://www.epa.gov/sab/pdf/ Contact: Evelyn Sibbernsen (435) the nomination; contact information epaform3110–48.pdf. This form should about the nominee; the disciplinary and 755–3621. not be submitted as part of a specific areas of expertise of the EIS No. 030321, Draft EIS, AFS, NM, nomination. nominee; the nominee’s resume; and a Bluewater Ecosystem Management general biosketch of the nominee Dated: July 10, 2003. Project, Proposes to Initiate indicating education, expertise, past Vanessa T. Vu, Vegetation Treatments to Restore research, recent service on other Director, EPA Science Advisory Board Staff Ponderosa Pine and Pinon-Juniper advisory committees or with Office. Stands to a Desired Condition, Cibola professional associations, and recent [FR Doc. 03–18157 Filed 7–17–03; 8:45 am] National Forest, Mt. Taylor Ranger grant and/or contract support. BILLING CODE 6560–50–P District, McKinley and Cibola Anyone who has any question Counties, NM, Comment Period Ends: concerning any aspect of the September 2, 2003, Contact: Chuck nomination process may contact Mr ENVIRONMENTAL PROTECTION Hagerdon (505) 287–8833. Robert Flaak as indicated above in this AGENCY EIS No. 030322, Draft EIS, NRC, SC, FR notice. Anyone who is unable to Generic—License Renewal of Nuclear [ER–FRL–6642–1] submit nominations through the SAB Plants, Virgil C. Summer Nuclear Web site should contact Ms. Diana Environmental Impact Statements; Station, Supplement 15, Fairfield Pozun as indicated above in this FR Notice of Availability County, SC, Comment Period Ends: notice. Non-electronic submissions September 2, 2003, Contact: Gregory must follow the same format and Responsible Agency: Office of Federal F. Suber (301) 415–1124. contain the same information as the Activities, General Information (202) EIS No. 030323, Draft EIS, IBR, CA, electronic form. 564–7167 or http://www.epa.gov/ Programmatic EIS—Environmental The EPA Science Advisory Board compliance/nepa./ Water Account Project, To Provide Staff Office will acknowledge receipt of Weekly receipt of Environmental Impact Water Management Strategy that nominations. From the nominees Statements Protects the At-Risk Native Delta- identified by respondents to this Filed July 07, 2003 Through July 11, Dependent Fish Species and Improve Federal Register notice and through 2003 Water Supply, CALFED Bay-Delta other sources, the SAB Staff Office will Pursuant to 40 CFR 1506.9. Program’s, Endangered Species Act

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Section 7 and U.S. Corps Section 10 18, 2003, Contact: Sylvia Clark (208) guidelines developed for Alternative C Permits, CA, Comment Period Ends: 347–0300. This document is available may be inconsistent with the overall September 9, 2003, Contact: Ms. on the Internet at: http:// management strategy embodied in the Sammie Cervantes (916) 978–5104. www.fs.fed.us/r4/payette/main.htm1. Sierra Nevada Forest Plan Amendment. EIS No. 030324, Final Supplement, Amended Notices EPA also expressed concern that the COE, FL, Upper St. Johns River Basin Forest Service has not identified road and Related Areas, Central and EIS No. 030233, Draft EIS, FHW, PA, decommissioning opportunities as part Southern Florida Flood Control Woodhaven Road Project, To Relieve of Alternatives B and C. Project, Proposed Modifications to Congestion on Byberry Road between ERP No. D–AFS–L65423–ID Rating Project Features North of the the Roosevelt Boulevard and NS, Big Bend Ridge Vegetation Fellsmere Grade, To Preserve and Huntingdon Pike, Philadelphia, Bucks Management Project and Timber Sale, Enhance Floodplain and Aquatic and Montgomery Counties, PA, Provision of Forest Products on a Habitats, Brevard County, FL, Wait Comment Period Ends: August 11, Sustained Yield Basis, Caribou-Targhee Period Ends: August 18, 2003, 2003, Contact: James A Cheatham National Forest, Ashton/Island Park Contact: Esteban Jimenez (904) 232– (717) 221–3461. Revision of FR Notice Ranger District, Fremont County, ID. 3442. Published on 5/23/2003: CEQ Summary: EPA Region 10 used a EIS No. 030325, Final EIS, AFS, CO, Comment Period Ending 7/11/2003 screening tool to conduct a limited Missionary Ridge Burned Area has been Extended to 8/11/2003. review of this action. Based upon this Timber Salvage Project, Timber EIS No. 030289, Final Supplement, screen, EPA does not foresee having any Harvesting, San Juan National Forest COE, TX, OK, Red River Chloride environmental objections to the north of Durango, LaPlata County, CO, Control Project, Authorization to proposed action. Therefore, EPA will Wait Period Ends: August 18, 2003, Reduce the Natural Occurring Levels not be conducting a detailed review. Contact: David Dallison (970) 385– of Chloride in the Wichita River Only ERP No. D–FHW–G40173–TX Rating 1253. This document is available on Portion, North, Middle and South EC2, Grand Parkway/TX–99 the Internet at: http://www.fs.fed.us/ Forks, Wichita River and Red River, Improvement Project, I–10 to US 290, r2/sanjuan/reading_room/planning Implementation, Tulsa District, Funding, Right-of-Way Grant and U.S. and_nepa/nepa1.htm. Wichita County, TX, Wait Period Army COE Section 404 Permit Issuance, EIS No. 030326, Final EIS, USN, NC, SC, Ends: July 28, 2003, Contact: David L. Harris County, TX. VA, Introduction of F/A 18 E/F (Super Combs (918) 669–7660. Revision of Summary: EPA has environmental Hornet) Aircraft, Replacing the F–14 FR Notice Published on 6/27/2003: concerns with the DEIS and proposed (TOMCAT) and F/A–18 C/D (Hornet) Correction to the Title. action, specifically relating to air quality Aircraft, Homebasing and Operation, Dated: July 15, 2003. impacts and conformity issues. EPA is Possible Homebase sites include Joseph C. Montgomery, also concerned with jurisdictional Naval Air Station (NAS) Oceana, VA; Director, NEPA Compliance Division, Office wetland delineations and mitigation, Marine Corps Air Station (MCAS) of Federal Activities particularly the applicants Beaufort, SC and MCAS Cherry Point, [FR Doc. 03–18289 Filed 7–17–03; 8:45 am] interpretation of Galveston District Wait Period Ends: August 18, 2003, BILLING CODE 6560–50–P Corps of Engineers policy as well as Contact: Fred Pierson (757) 322–4935. recent SWANC decisions. EIS No. 030327, Draft EIS, FRC, CT, Final EISs Housatonic River Hydroelectric ENVIRONMENTAL PROTECTION Project, Application to Relicense AGENCY ERP No. F–AFS–J65338–UT Uinta Existing Licenses for Housatonic National Forest Revised Land and Project No. 2576–022 and the Falls [ER–FRL–6642–2] Resource Management Plan, Village Project No. 2597–019, Implementation, Juab, Sanpete, Tooele, Housatonic River Basin, Fairfield, Environmental Impact Statements and Regulations; Availability of EPA Utah and Wasatch Counties, UT. New Haven and Litchfield Counties, Summary: No formal comment letter Comments CT, Comment Period Ends: September was sent to the preparing agency. 2, 2003, Contact: Jack Duckworth Availability of EPA comments ERP No. F–AFS–L39057–OR Rimrock (202) 502–6392. This document is prepared pursuant to the Environmental Ecosystem Restoration Project, available on the Internet at: http:// Review Process (ERP), under section Promotion of Healthy and Sustainable www.ferc.gov. 309 of the Clean Air Act and section Watershed Conditions, Implementation, EIS No. 030328, Draft EIS, NPS, MD, 102(2)(c) of the National Environmental Umatilla National Forest, Heppner VA, PA, DC Chesapeake Bay Special Policy Act as amended. Requests for Ranger District, Grant, Morrow and Resource Study (SRS), To Conserve copies of EPA comments can be directed Wheeler Counties, OR. and Restore Chesapeake Bay, New to the Office of Federal Activities at Summary: No formal comment letter Unit of the National Park System, MD, (202) 564–7167. was sent to the preparing agency. VA, PA, and DC. Comment Period An explanation of the ratings assigned ERP No. F–DOE–L09815–00 Fish and Ends: September 17, 2003, Contact: to draft environmental impact Wildlife Implementation Plan, Policy Jonathan Doherty (410) 267–5725. statements (EISs) was published in FR Directions for Fish and Wildlife This document is available on the dated April 4, 2003 (68 FR 16511). Mitigation and Recovery, Internet at: http:// Implementation and Funding, Pacific www.chesapeakestudy.org. Draft EISs Northwest, AZ, CA, ID, MT, NV, NM, EIS No. 030329, Final EIS, AFS, ID, ERP No. D–AFS–K65249–CA Rating OR, UT, WY and British Columbia. Middle Little Salmon Vegetation EC2, Stream Fire Restoration Project, Summary: No formal comment letter Management Project, Timber Stands Implementation, Plumas National was sent to the preparing agency. Current Condition Improvements, Forest, Mt. Hough Ranger District, ERP No. F–NRC–E05099–FL Generic Payette National Forest, New Plumas County, CA. EIS—License Renewal of Nuclear Plants Meadows Ranger District, Adam Summary: EPA expressed for the St. Lucie Units 1 and 2, County, ID, Wait Period Ends: August environmental concern that the output Supplement 11, NUREG–1437,

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Implementation, Hutchinson Island, St. below. The meeting will take place in Summary Information and Background Lucie County, FL. the Washington, DC Metropolitan area. Related to the Proposed Reorganization Summary: EPA has environmental of the SAB FOR FURTHER INFORMATION CONTACT: For concerns about some aspects of the The SAB Staff Office is seeking public project, but notes that the EIS indicates information about the public meeting and the agenda, please contact Mr. comments on a proposed organization of that the plant will continue radiological the SAB. The SAB Staff Office has monitoring of effluents and the Robert Flaak, telephone/voice mail at (202) 564–4546, or via e-mail at worked extensively with the appropriate storage and disposition of Reorganization Sub-Committee of the radioactive waste during the license [email protected]. Members of the public who have questions about, want SAB Executive Committee and other renewal period. EPA offices to develop this proposal. to request a paper copy of the proposed ERP No. F–USN–K52004–CA Background information on previous reorganization, or would like to submit Advanced Amphibious Assault Vehicle efforts to solicit public input concerning (AAAV) Development, Replacement and comments on the reorganization prospective SAB structural Establishment, Implementation, Del Mar proposal should contact Mr. Fred reorganization can be found in the Basin Area of Marine Corps Base (MCB) Butterfield, telephone/voice mail at Federal Register notice published on Camp Pendelton, San Diego County, CA (202) 564–4561, via e-mail at November 26, 2002 (67 FR 70729– Summary: No formal comment letter [email protected], or at the 70730). The Staff Office will consider was sent to the preparing agency. mailing address indicated below. public comments and consult with the Dated: July 15, 2003. Members of the public who have SAB in making its final Joseph C. Montgomery, logistical questions about the meeting recommendations on the proposed Director, NEPA Compliance Division, Office described in this notice may contact Ms. reorganization to the EPA of Federal Activities. Delores Darden, telephone/voice mail at Administrator. The proposed SAB [FR Doc. 03–18290 Filed 7–17–03; 8:45 am] 202–564–2282, via fax at: (202) 501– reorganization is available through the BILLING CODE 6560–50–M 0582, via e-mail at ‘‘Recent Additions’’ link on the EPA [email protected], or at the SAB Web site or can be obtained from following mailing address: EPA Science Mr. Butterfield (for addresses see the ENVIRONMENTAL PROTECTION Advisory Board, U.S. Environmental FOR FURTHER INFORMATION CONTACT AGENCY Protection Agency (1400A), 1200 section above.) . Pennsylvania Avenue, NW., The proposed reorganization is [FRL–7529–3] Washington, DC 20460 (FedEx/Courier intended to enhance the ability of the address: U.S. EPA SAB, Suite 6450, SAB to carry out its critical mission Science Advisory Board Staff Office; 1200 Pennsylvania Avenue, NW., more effectively. The Staff Office has Notification of a Public Meeting Washington, DC 20004). General identified three specific questions for Concerning Public Involvement in EPA information concerning the SAB can be public comment. Science Advisory Board (SAB) (a) Does the proposed reorganization found on the EPA Web site at: http:// Activities and Announcement of a appear to more effectively support the Public Comment Period on a Proposal www.epa.gov/sab. SAB mission in improving the way to Reorganize the SAB SUPPLEMENTARY INFORMATION: science is developed and used in environmental decision-making within AGENCY: Environmental Protection Summary Information and Background EPA through its advisory role and peer Agency (EPA). Related to the Public Meeting review function, and does it appear to ACTION: Notice. This public meeting is the second in be flexible enough to support the SAB’s mission in meeting future SUMMARY: The EPA Science Advisory a series of semiannual meetings that the environmental challenges? Board (SAB) Staff Office is inviting EPA SAB Staff Office plans to hold with (b) Does the proposed reorganization members of the public to attend a public the public as part of its efforts to appear to meet the SAB’s goal of meeting as part of its continued effort to enhance effective public input as it strengthening the independence of the be more effective in obtaining public continues to improve SAB policies and SAB peer-review process and enhancing input in the SAB activities. The SAB procedures. A description of the the quality of its peer review reports? Staff Office is also announcing a three- background for Staff Office meetings on (c) If the proposed reorganization is week public comment period on a public involvement in SAB activities approved, are there any major proposal to reorganize the SAB. can be found in the Federal Register considerations that the SAB Staff Office DATES: The public meeting will take notice published on September 5, 2002 should be aware of in planning for and place on August 5, 2003, 10 a.m. to 3 (67 FR 56831–56832). At the August 5, implementing the proposed p.m., Eastern Daylight Time. Written 2003 meeting, the SAB Staff Office will reorganization, especially in regard to comments on the proposed provide a general update and take facilitating effective public involvement reorganization of the SAB may be public comments on its planned efforts in SAB processes? submitted to Mr. Fred Butterfield at the to improve policies and procedures at Written comments on the proposed address identified in the section FOR the SAB. One area of focus for reorganization will be accepted until the FURTHER INFORMATION CONTACT no later discussions will be plans for developing date specified above. Written comments than August 18, 2003. a draft ‘‘Guide to Effective Public should be provided either in hard copy ADDRESSES: Information about the Participation in SAB Meetings and with original signature or electronic meeting location will be announced on Report Development.’’ The Staff Office copy (acceptable file formats: Adobe the SAB Web site, http://www.epa/sab will also address questions from the Acrobat, WordPerfect, Word, or Rich one week before the meeting and also public concerning the proposal for Text files (in IBM–PC/Windows 95/98 may be obtained by contacting Ms. reorganizing the SAB and hear public format), and may be sent to Mr. Delores Darden as listed in the section Butterfield at the mailing or e-mailing comments on the proposal. FOR FURTHER INFORMATION CONTACT addresses provided above.

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Dated: July 11, 2003. (NAICS) codes have been provided to from the index list in EPA Dockets, the Vanessa T. Vu, assist you and others in determining system will identify whether the Director, EPA Science Advisory Board Staff whether this action might apply to document is available for viewing in Office. certain entities. If you have any EPA’s electronic public docket. [FR Doc. 03–18156 Filed 7–17–03; 8:45 am] questions regarding the applicability of Although not all docket materials may BILLING CODE 6560–50–P this action to a particular entity, consult be available electronically, you may still the person listed under FOR FURTHER access any of the publicly available INFORMATION CONTACT. docket materials through the docket facility identified in Unit I.B.1. EPA ENVIRONMENTAL PROTECTION B. How Can I Get Copies of this intends to work towards providing AGENCY Document and Other Related electronic access to all of the publicly Information? [OPP–2003–0245; FRL–7317–8] available docket materials through 1. Docket. EPA has established an Pesticide Products; Registration EPA’s electronic public docket. official public docket for this action Applications For public commenters, it is under docket identification (ID) number important to note that EPA’s policy is AGENCY: Environmental Protection OPP–2003–0245. The official public that public comments, whether Agency (EPA). docket consists of the documents submitted electronically or in paper, ACTION: Notice. specifically referenced in this action, will be made available for public any public comments received, and viewing in EPA’s electronic public SUMMARY: This notice announces receipt other information related to this action. docket as EPA receives them and of applications to register pesticide Although a part of the official docket, without change, unless the comment products containing a new active the public docket does not include contains copyrighted material, CBI, or ingredient not included in any Confidential Business Information (CBI) other information whose disclosure is previously registered products pursuant or other information whose disclosure is restricted by statute. When EPA to the provisions of section 3(c)(4) of the restricted by statute. The official public identifies a comment containing Federal Insecticide, Fungicide, and docket is the collection of materials that copyrighted material, EPA will provide Rodenticide Act (FIFRA), as amended. is available for public viewing at the a reference to that material in the DATES: Written comments, identified by Public Information and Records version of the comment that is placed in the docket ID number OPP–2003–0245, Integrity Branch (PIRIB), Rm. 119, EPA’s electronic public docket. The must be received on or before August Crystal Mall #2, 1921 Jefferson Davis entire printed comment, including the 18, 2003. Hwy., Arlington, VA. This docket copyrighted material, will be available facility is open from 8:30 a.m. to 4 p.m., in the public docket. ADDRESSES: Comments may be Monday through Friday, excluding legal Public comments submitted on submitted electronically, by mail, or holidays. The docket telephone number computer disks that are mailed or through hand delivery/courier. Follow is (703) 305–5805. delivered to the docket will be the detailed instructions as provided in 2. Electronic access. You may access transferred to EPA’s electronic public Unit I. of the SUPPLEMENTARY this Federal Register document docket. Public comments that are INFORMATION. electronically through the EPA Internet mailed or delivered to the Docket will FOR FURTHER INFORMATION CONTACT: under the ‘‘Federal Register’’ listings at be scanned and placed in EPA’s Marilyn Mautz, Registration Division http://www.epa.gov/fedrgstr/. electronic public docket. Where (7505C), Office of Pesticide Programs, An electronic version of the public practical, physical objects will be Environmental Protection Agency, 1200 docket is available through EPA’s photographed, and the photograph will Pennsylvania Ave., NW., Washington, electronic public docket and comment be placed in EPA’s electronic public DC 20460–0001; telephone number: system, EPA Dockets. You may use EPA docket along with a brief description (703) 305–6785; e-mail address: Dockets at http://www.epa.gov/edocket/ written by the docket staff. [email protected]. to submit or view public comments, access the index listing of the contents C. How and to Whom Do I Submit SUPPLEMENTARY INFORMATION: of the official public docket, and to Comments? I. General Information access those documents in the public You may submit comments docket that are available electronically. electronically, by mail, or through hand A. Does this Action Apply to Me? Once in the system, select ‘‘search,’’ delivery/courier. To ensure proper You may be potentially affected by then key in the appropriate docket ID receipt by EPA, identify the appropriate this action if you are an agricultural number. docket ID number in the subject line on producer, food manufacturer, or Certain types of information will not the first page of your comment. Please pesticide manufacturer. Potentially be placed in the EPA Dockets. ensure that your comments are affected entities may include, but are Information claimed as CBI and other submitted within the specified comment not limited to: information whose disclosure is period. Comments received after the • Crop production (NAICS 111) restricted by statute, which is not close of the comment period will be • Animal production (NAICS 112) included in the official public docket, marked ‘‘late.’’ EPA is not required to • Food manufacturing (NAICS 311) will not be available for public viewing consider these late comments. If you • Pesticide manufacturing (NAICS in EPA’s electronic public docket. EPA’s wish to submit CBI or information that 32532) policy is that copyrighted material will is otherwise protected by statute, please This listing is not intended to be not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do exhaustive, but rather provides a guide docket but will be available only in not use EPA Dockets or e-mail to submit for readers regarding entities likely to be printed, paper form in the official public CBI or information protected by statute. affected by this action. Other types of docket. To the extent feasible, publicly 1. Electronically. If you submit an entities not listed in this unit could also available docket materials will be made electronic comment as prescribed in this be affected. The North American available in EPA’s electronic public unit, EPA recommends that you include Industrial Classification System docket. When a document is selected your name, mailing address, and an e-

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mail address or other contact Pennsylvania Ave., NW., Washington, 7. Make sure to submit your information in the body of your DC 20460–0001, Attention: Docket ID comments by the deadline in this comment. Also include this contact Number OPP–2003–0245. notice. information on the outside of any disk 3. By hand delivery or courier. Deliver 8. To ensure proper receipt by EPA, or CD ROM you submit, and in any your comments to: Public Information be sure to identify the docket ID number cover letter accompanying the disk or and Records Integrity Branch (PIRIB), assigned to this action in the subject CD ROM. This ensures that you can be Office of Pesticide Programs (OPP), line on the first page of your response. identified as the submitter of the Environmental Protection Agency, Rm. You may also provide the name, date, comment and allows EPA to contact you 119, Crystal Mall #2, 1921 Jefferson and Federal Register citation. in case EPA cannot read your comment Davis Hwy., Arlington, VA, Attention: due to technical difficulties or needs Docket ID Number OPP–2003–0245. II. Registration Applications further information on the substance of Such deliveries are only accepted your comment. EPA’s policy is that EPA during the docket’s normal hours of EPA received applications as follows will not edit your comment, and any operation as identified in Unit I.B.1. to register pesticide products containing identifying or contact information an active ingredient not included in any provided in the body of a comment will D. How Should I Submit CBI to the previously registered products pursuant be included as part of the comment that Agency? to the provision of section 3(c)(4) of is placed in the official public docket, Do not submit information that you FIFRA. Notice of receipt of these and made available in EPA’s electronic consider to be CBI electronically applications does not imply a decision public docket. If EPA cannot read your through EPA’s electronic public docket by the Agency on the applications. comment due to technical difficulties or by e-mail. You may claim Products Containing an Active and cannot contact you for clarification, information that you submit to EPA as Ingredient Not Included in Any EPA may not be able to consider your CBI by marking any part or all of that Previously Registered Products comment. information as CBI (if you submit CBI i. EPA Dockets. Your use of EPA’s on disk or CD ROM, mark the outside 1. File symbol: 3125–LGA. Applicant: electronic public docket to submit of the disk or CD ROM as CBI and then Bayer CropScience, P.O. Box 12014, 2 comments to EPA electronically is identify electronically within the disk or T.W. Alexander Dr., Research Triangle EPA’s preferred method for receiving CD ROM the specific information that is Park, NC 27709. Product name: comments. Go directly to EPA Dockets CBI). Information so marked will not be Thiacloprid Technical. Type of product: at http://www.epa.gov/edocket, and disclosed except in accordance with Insecticide. Active ingredient: follow the online instructions for procedures set forth in 40 CFR part 2. Thiacloprid ([3-[(6-chloro-3- submitting comments. Once in the In addition to one complete version of pyridinyl)methyl]-2- system, select ‘‘search,’’ and then key in the comment that includes any thiazolidinylidene]cyanamide) at 97%. docket ID number OPP–2003–0245. The information claimed as CBI, a copy of Proposed classification/Use: None. For system is an ‘‘anonymous access’’ the comment that does not contain the the formulation of insecticides. system, which means EPA will not information claimed as CBI must be 2. File symbol: 3125–LGI. Applicant: know your identity, e-mail address, or submitted for inclusion in the public Bayer CropScience. Product name: other contact information unless you docket and EPA’s electronic public Calypso 70 WG. Type of product: provide it in the body of your comment. docket. If you submit the copy that does Insecticide. Active ingredient: ii. E-mail. Comments may be sent by not contain CBI on disk or CD ROM, Thiacloprid at 70%. Proposed e-mail to [email protected], mark the outside of the disk or CD ROM classification/Use: None. For insect Attention: Docket ID Number OPP– clearly that it does not contain CBI. control on cotton and pome fruits. 2003–0245. In contrast to EPA’s Information not marked as CBI will be electronic public docket, EPA’s e-mail included in the public docket and EPA’s 3. File symbol: 3125–LGT. Applicant: system is not an ‘‘anonymous access’’ electronic public docket without prior Bayer CropScience. Product name: system. If you send an e-mail comment notice. If you have any questions about Calypso 4 Flowable. Type of product: directly to the docket without going CBI or the procedures for claiming CBI, Insecticide. Active ingredient: through EPA’s electronic public docket, please consult the person listed under Thiacloprid at 40.4%. Proposed EPA’s e-mail system automatically FOR FURTHER INFORMATION CONTACT. classification/Use: None. For insect captures your e-mail address. E-mail control on cotton and pome fruits. addresses that are automatically E. What Should I Consider as I Prepare 4. File symbol: 66330–GI. Applicant: captured by EPA’s e-mail system are My Comments for EPA? Arvesta Coporation, 100 First Street, included as part of the comment that is You may find the following Suite 1700, San Francisco, CA 94105. placed in the official public docket, and suggestions helpful for preparing your Product name: Kanemite 15 SC. Type of made available in EPA’s electronic comments: product: Insecticide. Active ingredient: public docket. 1. Explain your views as clearly as iii. Disk or CD ROM. You may submit Acequinocyl (3-dodecyl-1,4-dihydro- possible. 1,4-dioxo-2-naphthyl-acetate) at 15.8%. comments on a disk or CD ROM that 2. Describe any assumptions that you you mail to the mailing address Proposed classification/Use: None. For used. insect control on ornamental plants; identified in Unit I.C.2. These electronic 3. Provide copies of any technical almonds; pistachios; citrus fruits; pome submissions will be accepted in information and/or data you used that fruits; and strawberries. WordPerfect or ASCII file format. Avoid support your views. the use of special characters and any 4. If you estimate potential burden or 5. File symbol: 66330–GO. Applicant: form of encryption. costs, explain how you arrived at the Arvesta Corporation. Product name: 2. By mail. Send your comments to: estimate that you provide. Acequinocyl Technical. Type of Public Information and Records 5. Provide specific examples to product: Insecticide. Active ingredient: Integrity Branch (PIRIB) (7502C), Office illustrate your concerns. Acequinocyl) at 96.8%. Proposed of Pesticide Programs (OPP), 6. Offer alternative ways to improve classification/Use: None. For the Environmental Protection Agency, 1200 the registration activity. formulation of insecticides.

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List of Subjects I. General Information Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Environmental protection, Pesticides A. Does this Action Apply to Me? and pest. Hwy., Arlington, VA. This docket This action is directed to the public facility is open from 8:30 a.m. to 4 p.m., Dated: July 9, 2003. in general. Although this action may be Monday through Friday, excluding legal Debra Edwards, of particular interest to those persons holidays. The docket telephone number Director, Registration Division, Office of who conduct or sponsor research on is (703) 305–5805. Pesticide Programs. pesticides, the Agency has not 2. Electronic access. You may access [FR Doc. 03–18304 Filed 7–17–03; 8:45 am] attempted to describe all the specific this Federal Register document BILLING CODE 6560–50–S entities that may be affected by this electronically through the EPA Internet action. If you have any questions under the ‘‘Federal Register’’ listings at regarding the information in this action, http://www.epa.gov/fedrgstr/. ENVIRONMENTAL PROTECTION consult the person listed under FOR An electronic version of the public AGENCY FURTHER INFORMATION CONTACT. docket is available through EPA’s [OPP–2003–0197; FRL–7311–4] B. How Can I Get Copies of this electronic public docket and comment Document and Other Related system, EPA Dockets. You may use EPA Issuance of Experimental Use Permits Information? Dockets at http://www.epa.gov/edocket/ to submit or view public comments, AGENCY: Environmental Protection 1. Docket. EPA has established an access the index listing of the contents Agency (EPA). official public docket for this action of the official public docket, and to ACTION: Notice. under docket identification (ID) number access those documents in the public OPP–2003–0197. The official public docket that are available electronically. SUMMARY: EPA has granted experimental docket consists of the documents Although not all docket materials may use permits (EUPs) to the following specifically referenced in this action, be available electronically, you may still pesticide applicants. An EUP permits any public comments received, and access any of the publicly available use of a pesticide for experimental or other information related to this action. docket materials through the docket research purposes only in accordance Although a part of the official docket, facility identified in Unit I.B.1. Once in with the limitations in the permit. the public docket does not include the system, select ‘‘search,’’ then key in FOR FURTHER INFORMATION CONTACT: For Confidential Business Information (CBI) the appropriate docket ID number. additional information contact the or other information whose disclosure is C. Contact Persons designated contact person for the EUP restricted by statute. The official public listed in Unit I.C. of the SUPPLEMENTARY docket is the collection of materials that For additional information contact the INFORMATION. is available for public viewing at the designated contact person for the EUP SUPPLEMENTARY INFORMATION: Public Information and Records listed in the table below:

Telephone number/e-mail Contact person address Mailing address EUP number

Dani Daniel (703) 305–5409; Registration Division (7505C), 100–EUP–110 [email protected] Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., Washington, DC 20460

John Hebert (703) 308–6249; Do. 71715–EUP–2 [email protected]

Dan Kenny (703) 305–7546; Do. 352–EUP–167 [email protected]

Susan L. Stanton (703) 305–5218; Do. 70341–EUP–2 [email protected] 70341–EUP–3

Joseph Tavano (703) 305–6411; Do. 100–EUP–112 [email protected] 100–EUP–113

II. EUPs used on 1,230 sq. ft. around 615 ft. using 160 pounds of the insecticide. EPA has issued the following EUPs: structures over a period of 3 years to The program is now authorized in the 1. 100–EUP–110. Amendment. evaluate the control of termites and States of Alabama, Arkansas, Arizona, Syngenta Crop Protection, Inc., P.O. Box other nuisance pests in the States of California, Florida, Georgia, Hawaii, 18300, Greenboro, NC 27419–8300. In Alabama, Arizona, California, Florida, Indiana, Kansas, Kentucky, Louisiana, the Federal Register of February 15, Georgia, Hawaii, Kentucky, Louisiana, Maryland, Mississippi, Missouri, 2002 (67 FR 7163) (FRL–6823–5), EPA Mississippi, Nebraska, North Carolina, Nebraska, New Jersey, North Carolina, issued an EUP for thiamethoxam to Oklahoma, South Carolina, Tennessee, Ohio, Oklahoma, South Carolina, Syngenta Crop Protection, Inc. The Texas, and Virginia. This amendment Tennessee, Texas, and Virginia. The original issuance allowed 120.8 pounds will allow for additional use sites, lower EUP is effective from April 30, 2002 to of the insecticide thiamethoxam to be the count to 128 structures on 2,000 sq. October 30, 2005.

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2. 100–EUP–112. Issuance. Syngenta of Washington. The EUP is effective FOR FURTHER INFORMATION CONTACT: For Crop Protection, 410 Swing Road, from May 15, 2003 to May 14, 2004. general information contact: Barbara Greensboro, NC 27419–8300. This EUP 7. 71715–EUP–2. Issuance. Tonnie L. Cunningham, Acting Director, allows the use of 74 pounds active C. Casey, Kamehameha Schools, 78– Environmental Assistance Division ingredient of the insecticide Lufenuron 6831 Alii Drive, Suite 232, Kailua-Kona, (7408M), Office of Pollution Prevention around 125 structures to be used as an HI 96740. This EUP allows the use of and Toxics, Environmental Protection outdoor in-ground termite bait. The 16,000 pounds of the rodenticide Agency, 1200 Pennsylvania Ave., NW., program is authorized in the States of Eaton’s Bait Pellet Rodenticide with Washington, DC 20460; telephone Alabama, Arizona, Arkansas, California, Fish Flavorizer, containing 80 pounds of number: (202) 554–1404; e-mail address: Florida, Georgia, Hawaii, Indiana, the active ingredient diphacinone on [email protected]. Kansas, Kentucky, Louisiana, Maryland, 800 acres of forested ranchland to For technical information contact: Mississippi, Missouri, Nebraska, evaluate the control of invasive rodents Paul S. Tobin, Designated Federal Nevada, North Carolina, Ohio, and mongooses. The program is Officer (DFO), Office of Pollution Oklahoma, Pennsylvania, South authorized only in the State of Hawaii. Prevention and Toxics (7406M), Carolina, Texas, and Virginia. The EUP The EUP is effective from May 6, 2003 Environmental Protection Agency, 1200 is effective from April 3, 2003 to April to May 6, 2004. Pennsylvania Ave., NW., Washington, DC 20460; telephone number: (202) 3, 2006. Authority: 7 U.S.C. 136c. 3. 100–EUP–113. Issuance. Syngenta 564–8557; e-mail address: Crop Protection, 410 Swing Road, List of Subjects [email protected]. Greensboro, NC 27419–8300. This EUP Environmental protection, SUPPLEMENTARY INFORMATION: allows the use of 1 pound active Experimental use permits. ingredient of the insecticide Lufenuron I. General Information around 25 structures to be used as an Dated: July 1, 2003. A. Does this Action Apply to Me? Debra Edwards above ground termite bait. The program This action is directed to the general is authorized only in the States of Director, Registration Division, Office of public to provide an opportunity for Pesticide Programs. Arizona, California, Florida, Georgia, review and comment on ‘‘Proposed’’ Hawaii, Louisiana, Ohio, South [FR Doc. 03–18318 Filed 7–17–03; 8:45 am] AEGL values and their supporting Carolina, and Texas. The EUP is BILLING CODE 6560–50–S scientific rationale. This action may be effective from May 7, 2003 to May 7, of particular interest to anyone who may 2006. be affected if the AEGL values are 4. 352–EUP–167. Issuance. E. I. ENVIRONMENTAL PROTECTION adopted by government agencies for Dupont de Nemours and Company, P.O. AGENCY emergency planning, prevention, or Box 30, Newark, DE 19714. This EUP [OPPT–2002–0027; FRL–7189–8] response programs, such as EPA’s Risk allows the use of 450 pounds of the Management Program under the Clean insecticide Dupont Avaunt, containing National Advisory Committee for Acute Air Act and Amendments Section 112r. 135 pounds of the active ingredient Exposure Guideline Levels (AEGLs) for It is possible that other Federal agencies indoxacarb on 300 acres of peaches to Hazardous Substances; Proposed besides EPA, as well as State and local evaluate the control of the Oriental fruit AEGL Values agencies and private organizations, may moth and plum curculio. The program adopt the AEGL values for their is authorized only in the States of AGENCY: Environmental Protection programs. As such, the Agency has not Georgia, Michigan, New Jersey, Agency (EPA). attempted to describe all the specific Pennsylvania, South Carolina, and West ACTION: Notice. entities that may be affected by this Virginia. The EUP is effective from May action. If you have any questions SUMMARY: The National Advisory 2, 2003 to May 2, 2005. regarding the applicability of this action Committee for Acute Exposure 5. 70341–EUP–2. Issuance. IPM to a particular entity, consult the DFO Guideline Levels for Hazardous Technologies, Inc., 4134 North listed under FOR FURTHER INFORMATION Substances (NAC/AEGL Committee) is Vancouver Avenue #105, Portland, OR CONTACT. 97217. This EUP allows the use of 300 developing AEGLs on an ongoing basis pounds of the insecticide Last Call PLR, to provide Federal, State, and local B. How Can I Get Copies of this containing 18 pounds of the active agencies with information on short-term Document and Other Related ingredient permethrin and 4.8 pounds exposures to hazardous chemicals. This Information? of a pheromone blend on 68 acres of notice provides AEGL values and 1. Docket. EPA has established an apples to evaluate the control of executive summaries for 10 chemicals official public docket for this action Pandemis leafroller moth. The program for public review and comment. under docket identification (ID) number is authorized only in the State of Comments are welcome on both the OPPT–2002–0027. The official public Washington. The EUP is effective from AEGL values in this notice and the docket consists of the documents May 15, 2003 to May 14, 2004. technical support documents placed in specifically referenced in this action, 6. 70341–EUP–3. Issuance. IPM the public version of the official docket any public comments received, and Technologies, Inc., 4134 North for these 10 chemicals. other information related to this action. Vancouver Avenue #105, Portland, OR DATES: Comments, identified by docket Although a part of the official docket, 97217. This EUP allows the use of 300 ID number OPPT–2002–0027, must be the public docket does not include pounds of the insecticide Last Call received on or before August 18, 2003. Confidential Business Information (CBI) OBLR, containing 18 pounds of the ADDRESSES: Comments may be or other information whose disclosure is active ingredient permethrin and 4.8 submitted electronically, by mail, or restricted by statute. The official public pounds of a pheromone blend on 68 through hand delivery/courier. Follow docket is the collection of materials that acres of apples to evaluate the control of the detailed instructions as provided in is available for public viewing at the Oblique banded leafroller moth. The Unit I. of the SUPPLEMENTARY EPA Docket Center, Rm. B102-Reading program is authorized only in the State INFORMATION. Room, EPA West, 1301 Constitution

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Ave., NW., Washington, DC. The EPA other information whose disclosure is EPA may not be able to consider your Docket Center is open from 8:30 a.m. to restricted by statute. When EPA comment. 4:30 p.m., Monday through Friday, identifies a comment containing i. EPA Dockets. Your use of EPA’s excluding legal holidays. The EPA copyrighted material, EPA will provide electronic public docket to submit Docket Center Reading Room telephone a reference to that material in the comments to EPA electronically is number is (202) 566–1744 and the version of the comment that is placed in EPA’s preferred method for receiving telephone number for the OPPT Docket, EPA’s electronic public docket. The comments. Go directly to EPA Dockets which is located in EPA Docket Center, entire printed comment, including the at http://www.epa.gov/edocket/, and is (202) 566–0280. 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 OPPT–2002–0027. under the ‘‘Federal Register’’ listings at delivered to the docket will be The 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], Attention: to submit or view public comments, photograph will be placed in EPA’s Docket ID Number OPPT–2002–0027. In access the index listing of the contents electronic public docket along with a contrast to EPA’s electronic public of the official public docket, and to brief description written by the docket docket, EPA’s e-mail system is not an access those documents in the public staff. ‘‘anonymous access’’ system. If you docket that are available electronically. send an e-mail comment directly to the Although not all docket materials may C. How and To Whom Do I Submit docket without going through EPA’s Comments? be available electronically, you may still electronic public docket, EPA’s e-mail access any of the publicly available You may submit comments system automatically captures your e- docket materials through the docket electronically, by mail, or through hand mail address. E-mail addresses that are facility identified in Unit I.B.1. Once in delivery/courier. To ensure proper automatically captured by EPA’s e-mail the system, select ‘‘search,’’ then key in receipt by EPA, identify the appropriate system are included as part of the the appropriate docket ID number. docket ID number in the subject line on comment that is placed in the official Certain types of information will not the first page of your comment. Please public docket, and made available in be placed in the EPA Dockets. ensure that your comments are EPA’s electronic public docket. Information claimed as CBI and other submitted within the specified comment iii. Disk or CD ROM. You may submit information whose disclosure is period. Comments received after the comments on a disk or CD ROM that restricted by statute, which is not close of the comment period will be you mail to the mailing address included in the official public docket, marked ‘‘late.’’ EPA is not required to identified in Unit I.C.2. These electronic will not be available for public viewing consider these late comments. If you submissions will be accepted in in EPA’s electronic public docket. EPA’s wish to submit CBI or information that WordPerfect or ASCII file format. Avoid policy is that copyrighted material will is otherwise protected by statute, please the use of special characters and any not be placed in EPA’s electronic public follow the instructions in Unit I.D. Do form of encryption. docket but will be available only in not use EPA Dockets or e-mail to submit 2. By mail. Send your comments to: printed, paper form in the official public CBI or information protected by statute. Document Control Office (7407M), docket. To the extent feasible, publicly 1. Electronically. If you submit an Office of Pollution Prevention and available docket materials will be made electronic comment as prescribed in this Toxics (OPPT), Environmental available in EPA’s electronic public unit, EPA recommends that you include Protection Agency, 1200 Pennsylvania docket. When a document is selected your name, mailing address, and an e- Ave., NW., Washington, DC 20460– from the index list in EPA Dockets, the mail address or other contact 0001. system will identify whether the information in the body of your 3. By hand delivery or courier. Deliver document is available for viewing in comment. Also include this contact your comments to: OPPT Document EPA’s electronic public docket. information on the outside of any disk Control Office (DCO) in EPA East Although not all docket materials may or CD ROM you submit, and in any Building Rm. 6428, 1201 Constitution be available electronically, you may still cover letter accompanying the disk or Ave., NW., Washington, DC. Attention: access any of the publicly available CD ROM. This ensures that you can be Docket ID Number OPPT–2002–0027. docket materials through the docket identified as the submitter of the The DCO is open from 8 a.m. to 4 p.m., facility identified in Unit I.B.1. EPA comment and allows EPA to contact you Monday through Friday, excluding legal intends to work towards providing in case EPA cannot read your comment holidays. The telephone number for the electronic access to all of the publicly due to technical difficulties or needs DCO is (202) 564–8930. available docket materials through further information on the substance of EPA’s electronic public docket. your comment. EPA’s policy is that EPA D. How Should I Submit CBI to the For public commenters, it is will not edit your comment, and any Agency? important to note that EPA’s policy is identifying or contact information Do not submit information that you that public comments, whether provided in the body of a comment will consider to be CBI electronically submitted electronically or in paper, be included as part of the comment that through EPA’s electronic public docket will be made available for public is placed in the official public docket, or by e-mail. You may claim viewing in EPA’s electronic public and made available in EPA’s electronic information that you submit to EPA as docket as EPA receives them and public docket. If EPA cannot read your CBI by marking any part or all of that without change, unless the comment comment due to technical difficulties information as CBI (if you submit CBI contains copyrighted material, CBI, or and cannot contact you for clarification, on disk or CD ROM, mark the outside

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of the disk or CD ROM as CBI and then and local agencies and organizations in sensory effects. However, the effects are identify electronically within the disk or the private sector concerned with not disabling and are transient and CD ROM the specific information that is [chemical] emergency planning, reversible upon cessation of exposure. CBI). Information so marked will not be prevention, and response.’’ The NAC/ AEGL-2 is the airborne concentration disclosed except in accordance with AEGL Committee is a discretionary (expressed as ppm or mg/m3) of a procedures set forth in 40 CFR part 2. Federal advisory committee formed substance above which it is predicted In addition to one complete version of with the intent to develop AEGLs for that the general population, including the comment that includes any chemicals through the combined efforts susceptible individuals, could information claimed as CBI, a copy of of stakeholder members from both the experience irreversible or other serious, the comment that does not contain the public and private sectors in a cost- long-lasting adverse health effects, or an information claimed as CBI must be effective approach that avoids impaired ability to escape. submitted for inclusion in the public duplication of efforts and provides AEGL-3 is the airborne concentration docket and EPA’s electronic public uniform values, while employing the (expressed as ppm or mg/m3) of a docket. If you submit the copy that does most scientifically sound methods substance above which it is predicted not contain CBI on disk or CD ROM, available. An initial priority list of 85 that the general population, including mark the outside of the disk or CD ROM chemicals for AEGL development was susceptible individuals, could clearly that it does not contain CBI. published in the Federal Register of experience life-threatening health Information not marked as CBI will be May 21, 1997 (62 FR 27734) (FRL–5718– effects or death. included in the public docket and EPA’s 9). This list is intended for expansion Airborne concentrations below the electronic public docket without prior and modification as priorities of the AEGL-1 represent exposure levels that notice. If you have any questions about stakeholder member organizations are could produce mild and progressively CBI or the procedures for claiming CBI, further developed. While the increasing odor, taste, and sensory please consult the technical person development of AEGLs for chemicals irritation, or certain non-symptomatic, non-sensory effects. With increasing listed under FOR FURTHER INFORMATION are currently not statutorily based, at airborne concentrations above each CONTACT. lease one rulemaking references their planned adoption. The Clean Air Act AEGL level, there is a progressive E. What Should I Consider as I Prepare and Amendments Section 112(r) Risk increase in the likelihood of occurrence My Comments for EPA? Management Program states, ‘‘EPA and the severity of effects described for You may find the following recognizes potential limitations each corresponding AEGL level. suggestions helpful for preparing your associated with the Emergency Although the AEGL values represent comments: Response Planning Guidelines and threshold levels for the general public, 1. Explain your views as clearly as Level of Concern and is working with including sensitive subpopulations, it is possible. other agencies to develop AEGLs. When recognized that certain individuals, 2. Describe any assumptions that you these values have been developed and subject to unique or idiosyncratic used. peer-reviewed, EPA intends to adopt responses, could experience the effects 3. Provide copies of any technical them, through rulemaking, as the toxic described at concentrations below the information and/or data you used that endpoint for substances under this rule corresponding AEGL level. support your views. (see 61 FR 31685).’’ It is believed that C. Development of the AEGLs 4. If you estimate potential burden or other Federal and State agencies and private organizations will also adopt The NAC/AEGL Committee develops costs, explain how you arrived at the the AEGL values on a chemical-by- estimate that you provide. AEGLs for chemical emergency programs in the future. chemical basis. Relevant data and 5. Provide specific examples to information are gathered from all known illustrate your concerns. B. Characterization of the AEGLs sources including published scientific 6. Offer alternative ways to improve literature, State and Federal agency the notice or collection activity. The AEGLs represent threshold exposure limits for the general public publications, private industry, public 7. Make sure to submit your data bases, and individual experts in comments by the deadline in this and are applicable to emergency exposure periods ranging from 10 both the public and private sectors. All document. minutes to 8 hours. AEGL-2 and AEGL- key data and information are 8. To ensure proper receipt by EPA, 3 levels, and AEGL-1 levels as summarized for the NAC/AEGL be sure to identify the docket ID number appropriate, will be developed for each Committee in draft form by Oak Ridge assigned to this action in the subject of five exposure periods (10 and 30 National Laboratories together with line on the first page of your response. minutes, 1 hour, 4 hours, and 8 hours) ‘‘draft’’ AEGL values prepared in You may also provide the name, date, and will be distinguished by varying conjunction with NAC/AEGL and Federal Register citation. degrees of severity of toxic effects. It is Committee members. Both the ‘‘draft’’ II. Background believed that the recommended AEGLs and ‘‘draft’’ technical support exposure levels are applicable to the documents are reviewed and revised as A. What Action is the Agency Taking? general population including infants necessary by the NAC/AEGL Committee EPA’s Office of Prevention, Pesticides and children, and other individuals who members prior to formal NAC/AEGL and Toxic Substances (OPPTS) provided may be sensitive and susceptible. The Committee meetings. Following notice in the Federal Register of AEGLs have been defined as follows: deliberations on the AEGL values and October 31, 1995 (60 FR 55376) (FRL– AEGL-1 is the airborne concentration the relevant data and information for 4987–3) of the establishment of the (expressed as parts per million (ppm) or each chemical, the NAC/AEGL NAC/AEGL Committee with the stated milligram/meter cubed (mg/m3) of a Committee attempts to reach a charter objective as ‘‘the efficient and substance above which it is predicted consensus. Once the NAC/AEGL effective development of AEGLs and the that the general population, including Committee reaches a consensus, the preparation of supplementary susceptible individuals, could values are considered ‘‘Proposed’’ qualitative information on the experience notable discomfort, AEGLs. The Proposed AEGL values and hazardous substances for federal, state, irritation, or certain asymptomatic, non- the accompanying scientific rationale

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for their development are the subject of AEGL values will be published under guidelines may not include that fact in this notice. the auspices of the NAS. the publication. Although human data The NAC/AEGL Committee publishes may be important in deriving AEGL D. Use of Human Data proposed AEGL values and the values that protect the general public, accompanying scientific rationale for The NAC/AEGL Program is working utmost care must be exercised to ensure their development for 10 hazardous to ensure that emergency responders first of all that such data have been substances. These values represent the and risk managers in this country and developed in accordance with ethical sixth set of exposure levels proposed abroad are armed with vital information standards. No data on humans known to and published by the NAC/AEGL they need to protect the public and be obtained through force, coercion, Committee EPA published the first themselves from harm in the event of misrepresentation, or any other such ‘‘Proposed’’ AEGLs for 12 chemicals chemical accidents or homeland means will be used in the development from the initial priority list in the security emergencies. Because of the of AEGLs. The NAC/AEGL Committee Federal Register of October 30, 1997 (62 serious nature of chemical emergency will use its best judgment to determine FR 58840–58851) (FRL–5737–3); for 10 situations, it is essential that involved whether the human studies were chemicals in the Federal Register of personnel have access to the most ethically conducted and whether the March 15, 2000 (65 FR 14186–14196) comprehensive and realistic human subjects were likely to have (FRL–6492–4); for 14 chemicals in the assessments of human health hazards provided their informed consent. Federal Register of June 23, 2000 (65 FR posed by released chemicals. Under Additionally, human data from 39263–39277) (FRL–659–2); for 7 estimation of human health hazard epidemiologic studies and chemical chemicals in the Federal Register of would not be protective, while over accidents may be used. However, in all December 13, 2000 (65 FR 77866– estimation might suggest a larger than instances described here, only human 77874) (FRL–6752–5) for 18 chemicals necessary response zone. The data, documents, and records will be in the Federal Register of May 2, 2001 Department of Army and Federal used from sources that are publicly (66 FR 21940–21964) (FRL–6776–3); Emergency Management Agency available or if the information is and for 8 chemicals in the Federal Chemical Stockpile Emergency recorded by the investigator in such a Register of February 15, 2002 (67 FR Preparedness Program (CSEPP), for manner that subjects cannot be 7164–7176) (FRL–6815–8) in order to example, has adopted, as outlined in identified directly or indirectly. These provide an opportunity for public CSEPP Policy Paper Number 20, AEGLs restrictions on the use of human data review and comment. In developing the for sulfur mustard and nerve agents for are consistent with the ‘Common Rule’ proposed AEGL values, the Committee use in CSEPP community emergency published in the Code of Federal has followed the methodology guidance planning and response activities ‘‘to Regulations (Protection of Human Guidelines for Developing Community prevent or minimize exposures above Subjects, 40 CFR 26, 2000).’’ Emergency Exposure Levels for AEGL-2, above which some temporary Additionally, EPA has recently asked Hazardous Substances, published by the but potentially escape-impairing effects the NAC/AEGL Committee to add an National Research Council of the could occur.’’ Thus, with the explicit documentation step early in the National Academy of Sciences (NAS) in application of the procedures discussed AEGL development process that the 1993. The term Community Emergency in this unit, the AEGL Program studies proposed for consideration have Exposure Levels (CEELS) is recognizes the importance of been consistent with the Program’s synonymous with AEGLs in every way. considering all available domestic and Standing Operating Procedures (SOPs). The NAC/AEGL Committee has adopted international test data, both animal and the term Acute Exposure Guideline human, to determine threshold levels of III. List of Chemicals Levels to better connote the broad harm for a range of exposure scenarios On behalf of the NAC/AEGL application of the values to the critical to those at the front line in Committee, EPA is providing an population defined by the NAS and defending public health. opportunity for public comment on the addressed by the NAC/AEGL The process for development of AEGL AEGLs for the 10 chemicals identified Committee. The NAC/AEGL Committee values incorporates essential scientific in Table 1 of this unit. and ethical considerations posed by the invites public comment on the proposed A. Proposed AEGL Chemical Table AEGL values and the scientific rationale possible use of research with human subjects. All human studies that were used as the basis for their development. TABLE 1.—10 CHEMICALS FOR Following public review and used as key or supporting evidence to comment, the NAC/AEGL Committee derive AEGL values were judged PROPOSED AEGLS will reconvene to consider relevant acceptable for use according to ethical CAS No. Chemical name comments, data, and information that considerations detailed in the Standing may have an impact on the NAC/AEGL Operating Procedures for Developing 75–86–5 Acetone cyanohydrin Committee’s position and will again Acute Exposure Guideline Levels for seek consensus for the establishment of Hazardous Substances, Subcommittee 7664–41–7 Ammonia Interim AEGL values. Although the on Acute Exposure Guideline Levels, Interim AEGL values will be available to National Research Council, National 7726–95–6 Bromine Academy Press, 2001, p. 53. The SOP Federal, State, and local agencies and to 79–11–8 Chloroacetic acid organizations in the private sector as states ‘‘The NAC/AEGL Committee is biological reference values, it is dependent upon existing clinical, 7782–41–4 Fluorine intended to have them reviewed by a epidemiologic, and case report studies subcommittee of the NAS. The NAS published in the literature for data on 70892–10–3 Jet Fuel 8 subcommittee will serve as a peer humans. Many of these studies do not review of the Interim AEGLs and as the necessarily follow current guidelines on 78–93–3 Methyl ethyl ketone final arbiter in the resolution of issues ethical standards that require effective, 10025–87–3 Phosphorus oxychloride regarding the AEGL values, and the data documented, informed consent from and basic methodology used for setting participating human subjects. Further, 7719–12–2 Phosphorus trichloride AEGLs. Following concurrence, ‘‘Final’’ recent studies that followed such

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TABLE 1.—10 CHEMICALS FOR of the electron transport system of scaling according to the dose-response PROPOSED AEGLS—Continued mitochondria results in inhibition of regression equation Cn x t = k, using the oxygen utilization and causes tissue default of n = 3 for shorter exposure CAS No. Chemical name hypoxia and cellular and tissue periods and n = 1 for longer exposure destruction. periods, due to the lack of suitable 1330–20–7 Xylenes Four studies exposed rats repeatedly experimental data for deriving the to acetone cyanohydrin concentrations concentration exponent. For the 10- B. Executive Summaries of about 10, 30, and 60 ppm for 6 hours/ minute AEGL-1 the 30-minute value The following are executive day, 5 days/week for a total of 4 weeks was applied because the derivation of summaries from the chemical specific (Monsanto Co., 1986a; using groups of AEGL values was based on a long technical support documents (which 10 male and 10 female rats), 10 weeks experimental exposure period and no may be obtained as described in Unit (Monsanto Co., 1982b; using groups of supporting studies using short-exposure I.B. and III.) that support the NAC/AEGL 15 male rats) and 14 weeks (Monsanto periods were available for characterizing Committee’s development of AEGL Co., 1986b; using groups of 15 male and the concentration-time-response values for each chemical substance. 15 female rats) or for 6 hours/day for 21 relationship. days (Monsanto Co., 1982c; using This information provides the following The AEGL-2 was based on a repeated groups of 15 female rats). Death was information: A general description of exposure study in rats in which a observed at 60 ppm after the first each chemical, including its properties concentration of 29.9 ppm for 6 hours/ exposure in 3 animals of the Monsanto and principle uses; a summary of the Co. (1986a) study, but not in subsequent day, 5 days/week for 4 weeks did not rationale supporting the AEGL-1, 2, and exposures or in the other studies at a result in respiratory distress (red nasal 3 concentration levels; a summary table similar exposure concentration. discharge as a sign of irritation was of the AEGL values; and a listing of key Preceding death, respiratory distress, observed during the first and references that were used to develop the prostration, convulsions, and tremors subsequent weeks of exposure) AEGL values. More extensive were observed. In all studies, exposure (Monsanto Co., 1986a). An uncertainty toxicological information and additional to 60 and 30 ppm caused signs of factor of 3 was applied for interspecies references for each chemical may be irritation (red nasal discharge, clear variability because repeated exposure of found in the complete technical support nasal discharge, perioral wetness, humans at the workplace to cyanide documents. Risk managers may be encrustations) during the first and concentrations only about 3-fold lower interested to review the complete subsequent weeks of exposure. At 10 than the lethality threshold of about 60 technical support document for a ppm, red nasal discharge was not ppm acetone cyanohydrin in rats did chemical when deciding issues related observed in one study (Monsanto Co., not lead to life-threatening or to use of the AEGL values within 1986a); its incidence was not increased irreversible health effects and because a various programs. compared to control group in two multiple exposure study was used for 1. Acetone cyanohydrin—i. studies (Monsanto Co., 1982b; 1982c) the derivation of AEGL values. An Description. Acetone cyanohydrin is a and increased compared to the control uncertainty factor of 3 was applied for colorless to yellowish liquid with a group in the fourth study (Monsanto intraspecies variability because characteristic bitter almond odor due to Co., 1986b). No other effects were decomposition of acetone cyanohydrin the presence of free HCN. The major use reported in these four studies. does not involve enzyme-catalyzed of acetone cyanohydrin is in the The AEGL-1 was based on a repeated steps and the binding to evolutionary production of a-methacrylic acid and its exposure study in rats in which a conservative iron-containing proteins/ esters; the latter are used for the concentration of 9.2 ppm for 6 hours/ enzymes, i.e., the target protein production of plexiglass. Further uses of day, 5 days/week for 4 weeks did not cytochrome c oxidase, is unlikely to acetone cyanohydrin are in the result in red nasal discharge (Monsanto differ substantially between individuals. production of acrylic esters, polyacrylic Co., 1986a). An uncertainty factor of 3 The exposure duration-specific values plastics, and synthetic resins as well as was applied for interspecies variability were derived by time scaling according in the manufacture of insecticides, because the lowest-observed-effect-level to the dose-response regression equation pharmaceuticals, fragances, and (LOEL) for irritation in humans exposed Cn x t = k, using the default of n = 3 perfumes. Acetone cyanohydrin to cyanide at the workplace is about 6– for shorter exposure periods and n = 1 decomposes spontaneously to acetone 10 ppm cyanide (El Ghawabi et al., for longer exposure periods, due to the and hydrogen cyanide; this process is 1975), which is a factor of about 3 below lack of suitable experimental data for catalyzed by heat and contact with the irritation threshold of acetone deriving the concentration exponent. water (especially under alkaline cyanohydrin in rats (about 30 ppm) and For the 10-minute AEGL-2 the 30- conditions). because a multiple exposure study was minute value was applied because the Fatal cases and life-threatening used for the derivation of AEGL values. derivation of AEGL values was based on poisonings in workers have been An uncertainty factor of 3 was applied a long experimental exposure period described after accidental inhalation, for intraspecies variability because and no supporting studies using short- skin contact, and oral uptake. Initial decomposition of acetone cyanohydrin exposure periods were available for symptoms following mild exposure to does not involve enzyme-catalyzed characterizing the concentration-time- acetone cyanohydrin are predominantly steps and the binding to evolutionary response relationship. cardiac palpitation, headache, conservative iron-containing proteins/ For the derivation of AEGL-3 values, weakness, dizziness, nausea, vomiting, enzymes, i.e., the target protein it was taken into account that: and nose, eye, throat, and skin irritation. cytochrome c oxidase, is unlikely to The systemic toxicity of acetone differ substantially between individuals. a. Acetone cyanohydrin decomposes cyanohydrin is caused by free cyanide A modifying factor of 2 was applied due spontaneously into hydrogen cyanide ions and is primarily due to complex to the lack of more adequate and and acetone, formation with the iron moiety in the supporting data for the derivation of b. The decomposition of acetone tissue enzyme ferri cytochrome c AEGL-1 values. The exposure duration- cyanohydrin is accelerated by heat and oxidase or cytochrome a3. The blockage specific values were derived by time water,

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c. The systemic toxic effects of From these facts it was concluded that cyanohydrin. This procedure is acetone cyanohydrin are caused by free with every exposure to acetone supported by a close similarity of cyanide ions, and cyanohydrin a concomitant exposure to acetone cyanohydrin and hydrogen d. Hydrogen cyanide has a far higher hydrogen cyanide will occur. It cyanide regarding lethal effects in rats vapor pressure than acetone therefore seemed reasonable to apply exposed for 6 hours. the AEGL-3 values (on a ppm basis) The proposed AEGL values are listed cyanohydrin. derived for hydrogen cyanide to acetone in Table 2 of this unit.

TABLE 2.—SUMMARY TABLE OF PROPOSED AEGL VALUES FOR ACETONE CYANOHYDRINA

Classification 10-minutes 30-minutes 1-hour 4-hours 8-hours Endpoint (Reference)

AEGL-1 1.1 ppm 1.1 ppm 0.84 ppm 0.53 ppm 0.35 ppm No red nasal discharge in (Nondisabling) (3.9 mg/m3) (3.9 mg/m3) (2.9 mg/m3) (1.9 mg/m3) (1.2 mg/m3) rats (Monsanto Co., 1986a)

AEGL-2 (Disabling) 6.8 ppm 6.8 ppm 5.4 ppm 3.4 ppm 2.2 ppm No respiratory distress in (24 mg/m3) (24 mg/m3) (19 mg/m3) (12 mg/m3) (7.7 mg/m3) rats (Monsanto Co., 1986a)

AEGL-3 (Lethal) 27 ppm 21 ppm 15 ppm 8.6 ppm 6.6 ppm Application of AEGL-3 val- (95 mg/m3) (74 mg/m3) (53 mg/m3) (30 mg/m3) (23 mg/m3) ues for hydrogen cyanide a Cutaneous absorption may occur; direct skin contact with the liquid should be avoided; fatal intoxications have been reported upon skin contact.

ii. References. a. El Ghawabi A.; M. at manufacturing facilities, and from when damage progresses to the Gaafar; A. El Saharta; S.H. Ahmed; K.K. farming accidents. tracheobronchial region, manifested by Malash; and R. Fares. 1975. Chronic Ammonia is very soluble in water. reduced performance on pulmonary cyanide exposure: a clinical Because of its exothermic properties, function tests, bronchitis, bronchiolitis, radioisotope and laboratory study. ammonia forms ammonium hydroxide emphysema, and bronchiectasis. British Journal of Industrial Medicine. and produces heat when it contacts Nondisabling, reversible effects are 32:215–219. moist surfaces, such as mucous manifested by irritation to the eyes, b. Monsanto Co. 1982b. Male fertility membranes. The corrosive and throat, and nasopharyngeal region of the study of Sprague-Dawley rats exposed exothermic properties of ammonia can respiratory tract. The odor of ammonia by inhalation route to acetone result in immediate damage (severe is detected by humans at concentrations cyanohydrin. Monsanto Co. Report No. irritation and burns) to eyes, skin, and >5 ppm; the odor is highly penetrating ML-82-144. Monsanto Co., St. Louis, mucous membranes of the oral cavity at 50 ppm (10 minutes). Experimental MO, USA. and respiratory tract. In addition, studies on human volunteers, showed c. Monsanto Co. 1982c. Female ammonia is effectively scrubbed in the that slight irritation may occur at 30 fertility study of Sprague-Dawley rats nasopharyngeal region of the respiratory ppm (10 minutes), moderate irritation to exposed by inhalation route to acetone tract because of its high solubility in the eyes, nose, throat, and chest occurs cyanohydrin. Monsanto Co. Report No. water. at 50 ppm (10 minutes to 2 hours), ML-82-125. Monsanto Co., St. Louis, The data for deriving AEGL values moderate to highly intense irritation MO, USA. were obtained primarily from case occurs at 80 ppm (30 minutes to 2 studies of accident victims, hours), highly intense irritation occurs d. Monsanto Co. 1986a. One-month experimental studies in humans, and at 110 ppm (30 minutes to 2 hours), inhalation toxicity of acetone experimental studies on lethality and unbearable irritation occurs at 140 ppm cyanohydrin in male and female irritation in animals. The case studies (30 minutes to 2 hours), and excessive Sprague-Dawley rats with cover letter were of limited use for quantitative lacrimation and irritation at 500 ppm. In dated 04-25-86. Report No. BN-81-178. evaluation, but the experimental studies addition, some subjects were able to Monsanto Co., St. Louis, MO, USA. in humans and animals contained breathe 140 ppm for up to 2 hours or e. Monsanto Co. 1986b. Three-month quantitative data that would be used for 500 ppm for 30 minutes without inhalation toxicity of acetone deriving AEGL values. suffering long-lasting effects. Reflex cyanohydrin in male and female No reliable quantitative lethality data glottis closure, a response to irritant Sprague-Dawley rats with cover letter were available for humans dying as a vapors, occurred at 570 ppm for 21- to dated 04-25-86. Report No. ML-82-143. result of exposure to ammonia. One case 30-year-old subjects, 1,000 ppm for 60- Monsanto Co., St. Louis, MO, USA. study reported the death of an year-old subjects, and 1,790 ppm for 86- 2. Ammonia—i. Description. individual exposed to a high but to 90-year-old subjects. Ammonia is a colorless, corrosive, unknown concentrations of ammonia. Acute lethality studies in animals alkaline gas that has a very pungent Other case studies also contained no showed that the LC50 values for rats odor. The odor detection level ranges exposure estimates, but showed that ranged from 40,300 ppm for a 10-minute from 5–53 ppm. Ammonia is used as a high concentrations of ammonia cause exposure to 7,338 and 16,600 ppm for compressed gas and in aqueous severe damage to the respiratory tract, 60-minute exposures. For the mouse, solutions. It also is used as a household particularly in the tracheobronchial and LC50 values were 21,430 ppm for a 30- cleaning product, in fertilizers, and as a pulmonary regions. Death, however, is minute exposure (almost all animals refrigerant. Exposures to ammonia occur most likely to occur when damage died in less than 13 minutes), 10,096 as a result of accidents during highway causes pulmonary edema. Non-lethal, ppm for a 10-minute exposure, and and railway transportation, by releases irreversible, or long-term effects occur 4,230 and 4,837 ppm for 60-minute

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exposures. Comparative data for the affect asthmatic or other sensitive exposure durations. This equation was same exposure duration show that mice individuals to a greater degree than based on mouse and rat lethality data. are more sensitive than rats to the acute nonasthmatic individuals. Atopic and The same AEGL-2 values were toxic effects of ammonia (10 minute nonatopic subjects did not respond established for 1-, 4-, and 8-hour LC50 values for mice and rats, are 10,096 differently to a nasal exposure to exposures, because the responses of the ppm and 40,300 ppm, respectively). The ammonia. The AEGL-1 values are based subjects exposed to 110 ppm of lowest lethal concentrations reported on human data; therefore, an ammonia were similar after 1- and 2- was 1,000 ppm for the cat. However, interspecies uncertainty factor is not hour exposures. cats were exposed via an endotracheal applicable. Because upper respiratory The AEGL-3 values were based on tube, which probably exacerbated the tract irritation at low ammonia effects in the tracheobronchial region by concentrations is not expected to change LC01 values of 3,317 and 3,374 ppm bypassing the scrubbing action of the or become more severe with duration of derived by probit analysis of mouse nasopharyngeal region. Rats exposed by exposure, except for adaptation, the lethality data reported by Kapeghian et inhalation to lethal concentrations of same value of 25 ppm is applied to all al. (1982) and MacEwen and Vernot ammonia, showed signs of dyspnea, AEGL-1 exposure durations. (1972), respectively. An uncertainty irritation to the eyes and nose, and The AEGL-2 values were based on a factor of 3 was applied to account for hemorrhage in the lungs. Mice exposed study of nonexpert human subjects who intraspecies variability because at high to lethal concentrations of ammonia had no previous exposure to ammonia concentrations of ammonia, severe showed signs of irritation to the eyes and were not familiar with effects of irritation is elicited immediately upon and nose, along with tremors, ataxia, ammonia. At least one of eight subjects contact with the eyes and mucous convulsions, seizures, and pathologic reported nuisance or offensive irritation membranes of the respiratory tract and lesions in the alveoli. Cats exposed to to the eyes and throat during exposure the severity of effects such as the lowest lethal concentration showed to 110 ppm of ammonia for 1 hour pulmonary edema and damage to the evidence of severe airway damage, (Verberk, 1977). The effects reported tracheobronchial region would be bronchopneumonia, bronchitis, were less serious than those described similar in asthmatics and non- bronchiolitis, and emphysema. Toxic in the AEGL-2 definition, no residual asthmatics. There is no reason to apply effects at non-lethal concentrations in effects were reported after termination a larger uncertainty factor to protect mice and rats consisted of mild effects of exposure, and pulmonary function individuals with asthma because the on respiratory epithelium of the nasal was not affected by exposure. At the severe damage to the respiratory tract cavity (mice and rats), reduction in the next highest concentration, some of the would have a greater and longer-lasting respiratory rate (mice), and evidence of subjects reported the effects to be consequence than that of asthma. eye irritation (rat). The RD50 unbearable and left the chamber Another reason for not applying a larger (concentration causing a 50% reduction between 30 minutes and 1 hour. Their intraspecies uncertainty factor to protect in respiratory rate) for the mouse was responses suggest that this children is the evidence from one study 300 ppm for a 30-minute exposure. concentration would impair escape. An showing that a child recovered from an The AEGL values for the three toxicity intraspecies uncertainty factor of 1 was accidental exposure to ammonia, levels (nondisabling, disabling, and used for deriving the AEGL 2 values whereas the mother carrying the child lethal) were derived from both human because the responses of the non-expert suffered severe permanent damage to and animal data. The odor of ammonia group ranged from just perceptible to the lungs. An interspecies uncertainty is detected by humans at concentrations offensive, but the AEGL-2 value was factor or 1 was applied to the mouse ranging from 5 to 53 ppm and data based on the response of the most data, because the mouse was the most showed that it is irritating to the upper sensitive individuals. The reported sensitive species among mammals. In respiratory tract of humans at 30 ppm. effects from this group involved addition, applying a larger uncertainty The AEGL-1 value of 25 ppm is based primarily the upper respiratory tract and factor would result in a 30-minute the concentration slightly below the eyes and is unlikely to affect asthmatics lowest concentration showing irritation differently from the most sensitive non- AEGL-3 value less than the 500 ppm in humans. An intraspecies uncertainty expert individuals. In addition, atopic that human can tolerate for 30 minutes factor of 1 was applied, because 25 ppm subjects responded similarly to non- without lethal or long-term n is below the concentration causing atopic subjects to a brief nasal exposure consequences. The equation, C H t = k irritation; however, if irritation did to ammonia, and exercising subjects (where n = 2) based on mouse lethality occur, it would be mild or only slightly showed only a small equivocal decrease data, was used to extrapolate to different noticeable, confined to the nasal cavity in pulmonary function. The equation Cn exposure durations and eyes (ammonia is efficiently H t = k, where n = 2, was used to The proposed AEGL values are listed scrubbed), and would not be expected to extrapolate to 5-, 10-, and 30-minute in Table 3 of this unit.

TABLE 3.—SUMMARY OF PROPOSED AEGL VALUES FOR AMMONIA [PPM (MG/M3)]

Exposure duration Classification Endpoint (Reference) 5-minutes 10-minutes 30-minutes 1-hour 4-hours 8-hours

AEGL-1 25 25 25 25 25 25 No-observed-adverse-effect- (Nondisabling) (17) (17) (17) (17) (17) (17) level (NOAEL) for irritation (MacEwen et al., 1970); Verberk, 1977

AEGL-2 (Disabling) 380 270 160 110 110 110 Irritation: Eyes and throat; (266) (189) (112) (77) (77) (77) urge to cough (Verberk, 1977)

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TABLE 3.—SUMMARY OF PROPOSED AEGL VALUES FOR AMMONIA [PPM (MG/M3)]—Continued

Exposure duration Classification Endpoint (Reference) 5-minutes 10-minutes 30-minutes 1-hour 4-hours 8-hours

AEGL-3 (Lethal) 3,800 2,700 1,600 1,100 550 390 Lethality (Kapeghian et al., (2,657) (1,890) (1,119) (769) (385) (273) 1982; MacEwen and Vernot, 1972)

ii. References. a. Kapeghian, J.C.; base is limited to one study with human uncertainty factor of 3 to protect Mincer, H.H.; and Hones, A.B., et al. subjects and two lethality studies with susceptible individuals and time scaled 1982. Acute inhalation toxicity of the mouse as the test species. One of the to the other AEGL-2 exposure durations ammonia in mice. Bulletin of lethality studies (Bitron and Aharonson using the concentration-exposure Environmental Contamination and 1978) provided data sufficient for duration relationship from the mouse Toxicology. 29:371–378. derivation of the relationship between lethality study of C2.2 x t = k. An b. MacEwen, J.D.; Theodore, J; and concentrations that result in lethality intraspecies uncertainty factor of 3 was Vernot, E.H. 1970. Human exposure to (LC50 values) and exposure duration: considered sufficient as the symptoms EEL concentrations of C2.2 x t = k. may be below those defining an AEGL- monomethylhydrazine, AMRL-TR-70- The AEGL-1 was based on exposures 2. However, no reliable studies with 102, Paper No 23. Proceedings of the 1st of 20 healthy human volunteers to exposures to higher concentrations were Annual Conference on Environmental concentrations of 0.1 to 1.0 ppm for at located. Toxicology. September 9–11, 1970. least 30 minutes (Rupp and Henschler Both lethality studies with the mouse Wright-Patterson AFB, OH. pp. 355– 1967). Eye irritation, but not nose or described the inhalation toxicity of 363. throat irritation, occurred during a 30- chlorine and bromine. However, both c. MacEwen, J.D. and Vernot, E.H. minute exposure to 0.1 ppm. At studies reported lower LC50 values for 1972. Toxic Hazards Research Unit concentrations $0.5 ppm, there was a chlorine than those reported in more Annual Technical Report: 1972. stinging and burning sensation of the recent well-conducted studies. SysteMed Report No. W-72003, AMRL- conjunctiva. The 30-minute 0.1 ppm Nevertheless, the study that reported the TR-72-62. Sponsor: Aerospace Medical was chosen as the basis for the AEGL- lower lethal concentrations for chlorine Research Laboratory, Wright-Patterson 1. The 0.1 ppm concentration was was used for derivation of the AEGL-3 AFB, OH. AD-755-358. divided by an intraspecies uncertainty values for bromine (Schlagbauer and d. Verberk, M.M. 1977. Effects of factor of 3 to protect susceptible Henschler 1967). The data in this study ammonia on volunteers. International individuals. An intraspecies uncertainty showed a clear concentration-response Archives of Occupational and factor of 3 was considered sufficient relationship; the exposure duration was Environmental Health. 39:73–81. because workers have been 30 minutes. Using probit analysis, a 30- 3. Bromine—i. Description. The occupationally exposed to 1 ppm with minute LC50 value of 204 ppm and a 30- halogen bromine (Br2) is a dark reddish- no symptoms other than ‘‘excess minute LC01 of 116 ppm were brown volatile liquid at room irritation’’ (Elkins 1959). Furthermore, calculated. The 30-minute LC01 of 116 temperature. Its oxidizing potential lies effects at this low concentration appear ppm was used as the basis for between that of chlorine and iodine. to be limited to the eyes and upper calculation of AEGL-3 values. The 116 Bromine is used as a water disinfectant, respiratory tract; there was no ppm LC01 was divided by a combined for bleaching fibers and silk, and in the penetration to the lower respiratory uncertainty factor of 10 (3 for manufacture of medicinal bromine tract. The resulting 30-minute AEGL-1 interspecies differences [the mouse was compounds, dyestuffs, flame retardants, value of 0.03 ppm was time-scaled to the most sensitive species for lethal agricultural chemicals, inorganic the other AEGL exposure durations effects in tests with other halogens] and bromide drilling fluids, and gasoline using the C2.2 x t = k relationship 3 for intraspecies differences [at high additives. derived from the mouse lethality study. concentrations bromine is corrosive to Bromine is a skin, eye, and respiratory The AEGL-2 was based on the the mucous membranes of the tract irritant. Inhalation causes concentration of 1 ppm for 30 minutes respiratory system; effects are not respiratory tract irritation and which the volunteers in the above study expected to differ greatly among pulmonary edema. Although accidental (Rupp and Henschler 1967) found individuals]) and scaled across time human exposures have occurred, irritating (stinging and burning using the relationship C2.2 x t = k, concentrations were either not reported sensation of the conjunctiva; nose and derived from the same study. or were judged unreliable. Aside from throat irritation). The 30-minute 1 ppm The proposed AEGL values are listed old and anecdotal information, the data value was divided by an intraspecies in Table 4 of this unit.

TABLE 4.—SUMMARY OF PROPOSED AEGL VALUES FOR BROMINE [PPM (MG/M3)]

Classification 10-minutes 30-minutes 1-hour 4-hours 8-hours Endpoint (Reference)

AEGL-1 (Nondisabling) 0.055 0.033 0.024 0.013 0.0095 Rupp and Henschler 1967 (0.36) (0.22) (0.16) (0.09) (0.06)

AEGL-2 (Disabling) 0.55 0.33 0.24 0.13 0.095 Rupp and Henschler 1967 (3.6) (2.1) (1.6) (0.85) (0.62)

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TABLE 4.—SUMMARY OF PROPOSED AEGL VALUES FOR BROMINE [PPM (MG/M3)]—Continued

Classification 10-minutes 30-minutes 1-hour 4-hours 8-hours Endpoint (Reference)

AEGL-3 (Lethal) 19 12 8.5 4.5 3.2 Schlagbauer and Henschler (124) (78) (55) (29) (21) 1967

ii. References. a. Bitron, M.D. and E.F. irritation upon contact with a diluted inadequately reported study, an Aharonson. 1978. Delayed mortality of MCAA solution and skin corrosion and irritation threshold in rats of 6.16 ppm mice following inhalation of acute doses conjunctival burns upon contact with and a no-observed-effect-level (NOEL) of CH2, SO2, Cl2, and Br2. American more concentrated solutions. The for histological changes in the Industrial Hygiene Association Journal. systemic toxicity of MCAA is caused by respiratory tract in rats and guinea pigs 39:129–138. inhibition of enzymes of the glycolytic of 1.5 ppm after 4 months have been b. Elkins, H.B. 1959. Inorganic pathway and the tricarboxylic acid reported (Maksimov and Dubinina, compounds: Bromine. Chemistry of cycle. This metabolic blockage damages 1974). Industrial Toxicology. John Wiley & organs with a high energy-demand, such No relevant studies of adequate Sons, New York. p. 89. as heart, central nervous system (CNS), quality were available for the derivation c. Rupp, H. and D. Henschler. 1967. and muscles, and leads to metabolic of the AEGL-1. Therefore, due to Effects of low chlorine and bromine acidosis due to the accumulation of insufficient data, AEGL-1 values were concentrations in man. Internationales lactic acid and citric acid in the body. not derived. Archiv fuer Gewerbepathologie und No studies are available reporting The AEGL-2 was based on a single Gewerbehygiene. 23:79–90. severe toxic effects in humans after inhalation study in rats (Dow Chemical d. Schlagbauer, M. and D. Henschler. inhalation exposure to MCAA. Mortality Co., 1987) in which eye squint and 1967. Inhalation toxicity of chlorine and was reported in a child after oral uptake lethargy were observed in rats exposure bromine with single and repeated of 5–6 ml of an 80% MCAA solution to 66 ppm for 1 hour. A total exposures. Internationales Archiv fuer (Rogers, 1995). Several lethal accidents uncertainty factor of 10 was used. A Gewerbepathologie und have been reported, in which workers factor of 3 was applied for interspecies Gewerbehygiene. 23:91–98. were dermally exposed to hot, liquid variability because the effect level was 4. Chloroacetic acid—i. Description. MCAA. An inadequately described considered below that of an AEGL-2 and Monochloroacetic acid (MCAA) is a study reported an irritation threshold of because the available data do not point colorless crystalline material, which is 1.48 ppm (Maksimov and Dubinina, at a large interspecies variability for highly soluble in water and soluble in 1974); no respiratory tract irritation, more severe (lethal) effects. A factor of organic solvents. Its vapor pressure at effects on lung function parameters or 3 was applied for intraspecies room temperature is moderate with irritation of skin and mucous variability because a higher factor was reported values between 0.2 hPa membranes were reported for >33 not considered adequate on the basis of (crystalline substance) and 10 hPa workers potentially exposed to MCAA a comparison with human data for oral (solution in water). MCAA has a concentrations between <0.13 ppm for 3 exposure. The other exposure duration- pungent odor. hours and 0.31 ppm for 7 hours specific values were derived by time MCAA is produced by chlorination of (Clariant GmbH, 2000). scaling according to the dose-response acetic acid or hydrolysis of The only animal study reporting regression equation Cn x t = k, using the trichloroethene using sulfuric acid. The lethal effects after inhalation exposure default of n = 3 for shorter exposure world production capacity was was an inadequately described study in periods and n=1 for longer exposure estimated at 362,500 tons/year in 1987. which a LC50 of 46.8 ppm for 4 hours periods, due to the lack of suitable MCAA or its sodium salt, sodium was reported for rats (Maksimov and experimental data for deriving the monochloroacetate, are used primarily Dubinina, 1974). Several studies report concentration exponent. in the industrial production of lethal effects after oral exposure with No relevant studies of adequate carboxymethylcellulose, herbicides, LD50 values mostly between 50–200 mg/ quality were available for the derivation thioglycolic acid as well as in the kilogram (kg) for rats, mice and guinea of the AEGL-3 value. Therefore, due to production plastics, pharmaceuticals, pigs. In a single inhalation experiment insufficient data and the uncertainties of flavors, cosmetics, and other organic on rats, eye squint and slight lethargy a route-to-route extrapolation, AEGL-3 chemicals. were observed during exposure to an values were not derived. MCAA is an acid (pKa 2.85) and analytical concentration of 66 ppm for The proposed AEGL values are listed therefore can cause eye and skin 1 hour (Dow Chemical Co., 1987). In an in Table 5 of this unit.

TABLE 5.—SUMMARY OF PROPOSED AEGL VALUES FOR MONOCHLOROACETIC ACID A

Classification 10-minutes 30-minutes 1-hour 4-hours 8-hours Endpoint (Reference)

AEGL-1 (Nondisabling) Insufficient I.D. I.D. I.D. I.D. I.D. data (I.D.)

AEGL-2 (Disabling) 12 ppm 8.3 ppm 6.6 ppm 1.7 ppm 0.83 ppm Eye squint and lethargy in rats (47 mg/m3) (33 mg/m3) (26 mg/m3) (6.7 mg/m3) (3.3 mg/m3) (Dow Chemical Co., 1987)

AEGL-3 (Lethal) I.D. I.D. I.D. I.D. I.D. I.D. a Skin contact with molten MCAA or MCAA solutions should be avoided; dermal penetration is rapid and fatal intoxications have been observed when 10% or more of the body surface was involved.

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ii. References. a. Clariant GmbH, this value is below the definition of an in the toxicity; therefore, there is likely 2000. Unpublished. Letter of Dr. AEGL-1 (notable discomfort), it provides to be little difference among individuals Kreiling dated 23.08.2000. Dow the longest exposure duration for which in response to fluorine at concentrations Chemical Co., 1987. Monochloroacetic no irritation in humans was reported. that define the AEGL-2. The 30- and 60- acid: an acute vapor inhalation limit An intraspecies uncertainty factor of 3 minute values for the mouse were study with Fischer 344 rats. was applied because fluorine is highly divided by an intraspecies uncertainty Unpublished Report, Dow Chemical corrosive to the tissues of the respiratory factor of 3 to protect sensitive Company, Midland, USA. tract and effects are not expected to vary individuals, since effects are not likely b. Maksimov, G.G. and O.N. Dubinina, greatly among individuals, including to differ greatly among individuals, and 1974. Materials of experimental susceptible individuals. Although no by a modifying factor of 2, based on a substantiation of maximally permissible data on asthmatics were found, the limited data base. The 30-minute value concentration of monochloroacetic acid uncertainty factor of 3 was considered was used for the 10- and 30-minute in the air of production area. Gigiena adequate to protect this sensitive AEGL-2 and the 60-minute value was Truda i Professional nye Zabolevarija. subpopulation because the value was a used for the 60-minute AEGL-2. The 4- 9:32–35. NOAEL and because shorter-term, hour AEGL-2 value was scaled from the c. Rogers D.R. 1995. Accidental fatal repeated exposures produced no 60-minute value based on the C1.77 x t monochloroacetic acid poisoning. substantially greater effects in healthy = k relationship. The value of n was American Journal of Forensic Medicine individuals. The value is supported by derived from regression analysis of the and Pathology. 16:115–116. a second study in which volunteers mouse lethality data in the key study. 5. Fluorine—i. Description. Fluorine ‘‘tolerated’’ exposure to 10 ppm for an The 8-hour-AEGL-2 value was set equal is a reactive, highly irritating and undefined period of time. Furthermore, to the 4-hour value because at low corrosive gas used in the nuclear energy occupational exposure concentrations concentrations the hygroscopic fluorine industry, as an oxidizer of liquid rocket for healthy adults have ranged up to 17 would react with and/or be scrubbed by fuels, and in the manufacture of various ppm, albeit for short, undefined periods the nasal passages and because at low fluorides and fluorocarbons. Fluorine is of time (Lyon 1962). A modifying factor concentrations there is accommodation a severe irritant to the eyes, mucous of 2 was applied based on a limited data to irritant gases. The 10- and 3-minute membranes, lungs, and skin; the eyes base. The resulting value of 1.7 ppm AEGL-2 values are supported by studies and the respiratory tract are the target was used across all AEGL-1 exposure in which human volunteers found short- organ/tissues of an acute inhalation durations because at mildly irritating term exposures to 15–25 ppm irritating exposure. Death is due to pulmonary concentrations there is accommodation to the eyes, nose, and throat (Rickey edema. Data on irritant effects in to irritating gases. As noted, this value 1959; Keplinger and Suissa 1968). humans and lethal and sublethal effects is supported by limited workplace in five species of mammals (dog, rat, The AEGL-3 values were derived from monitoring data: Workers exposed to the highest exposures that resulted in no mouse, guinea pig, and rabbit) were fluorine at average yearly concentrations available for development of AEGL deaths in five species over four up to 1.2 ppm (range, 0.0–17 ppm) over exposure durations (13 tests) for up to values. a 4-year period reported fewer Regression analyses of the 45 days post exposure, but did produce incidences of respiratory complaints or concentration-exposure durations (for severe lung congestion in the mouse diseases than a similar group of the fixed endpoint of mortality) for all (Keplinger and Suissa 1968). Severe nonexposed workers (Lyon 1962). The of the animal species reported in the key lung congestion in the sensitive mouse workers are assumed to encompass a study (Keplinger and Suissa 1968) was considered the threshold for small range of sensitivity; the additional determined that the relationship lethality as defined by the AEGL-3. For intraspecies uncertainty factor of 3 was between concentration and time is Cn x the mouse, the 60-minute value was 75 considered sufficient to protect sensitive t = k, where n = approximately 2 (actual ppm. Because of the similar species individuals. value of n for the most sensitive species sensitivity in the key study, based on in irritation and lethality studies, the Mild lung congestion was selected as both irritant effects and lethality, no mouse, is 1.77). This concentration the threshold for irreversible, long- uncertainty factor for interspecies exposure duration relationship was lasting effects as defined by the AEGL- variability was applied. The values were applied both the AEGL-2 and AEGL-3 2. The AEGL-2 was based on an animal divided by an uncertainty factor of 3 to levels because the irritant and corrosive study in which mild lung congestion protect sensitive individuals (fluorine is action of fluorine on the respiratory was observed in mice at 67 ppm for 30 a highly reactive, corrosive gas whose tissues differs by only a matter of degree minutes and 30 ppm for 60 minutes effect on respiratory tract tissues is not for these AEGL levels: (Keplinger and Suissa 1968). Effects expected to differ greatly among a. Respiratory irritation with edema were slightly less serious in three other individuals) and by a modifying factor resulting in mild, reversible lung species. Although concentrations of 2, based on a limited data base. Using congestion, and causing irritant effects or lethality for the 60-minute value of 75 ppm, AEGL- b. Severe respiratory irritation three other species for the same time 3 values for the other exposure times resulting in severe lung congestion. periods suggested similar species were calculated based on the C1.77 x t Although the data base for fluorine is sensitivity, the mouse data, because of = k relationship. The value of n was small, the data from the key study, slightly lower values, were chosen as derived from regression analysis of the augmented with data from several other the basis for developing the AEGL-2 and mouse lethality data in the key study. studies, were considered adequate for AEGL-3. Because similar sensitivity was The 8-hour value was set equal to the derivation of the three AEGL observed among five species in the key 4-hour value because fluorine would classifications for four time periods. study, no uncertainty factor for react with or be scrubbed by the nasal The AEGL-1 was based on the interspecies variability was applied. passages at fairly low concentrations. observation that human volunteers Fluorine is a highly corrosive gas that The safety of setting the 8-hour value could tolerate exposure to 10 ppm for 15 reacts directly with the tissues of the equal to the 4-hour value is supported minutes without irritant effects respiratory tract, with no by another study in which a 7-hour (Keplinger and Suissa 1968). Although pharmacokinetic component involved experimental exposure concentrations

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resulting in an overall 60% mortality for hour values for the mouse and rat based The proposed AEGL values are listed four species (Eriksen 1945; Stokinger on the Keplinger and Suissa study. in Table 6 of this unit. 1949) is higher than the extrapolated 7-

TABLE 6.—SUMMARY OF PROPOSED AEGL VALUES FOR FLUORINE [PPM (MG/M3)]

Classification 10-minutes 30-minutes 1-hour 4-hours 8-hours Endpoint (Reference)

AEGL-1a, b 1.7 1.7 1.7 1.7 1.7 No irritant effects—humans (Nondisabling) (2.6) (2.6) (2.6) (2.6) (2.6) (Keplinger and Suissa 1968)

AEGL-2 (Disabling) 20 11 5.0 2.3 2.3 Mild lung congestion—mice (31) (17) (7.8) (3.6) (3.6) (Keplinger and Suissa 1968)

AEGL-3c (Lethal) 36 19 13 5.7 5.7 Severe lung congestion—mice (56) (29) (20) (8.8) (8.8) (Keplinger and Suissa 1968) aThe characteristic, pungent odor of fluorine will be noticeable at this concentration. bThe same value was used across all time periods because at low concentrations there is accommodation to irritant gases. c30-Minute and 1-hour values are based on separate data points.

ii. References. a. Eriksen, N. 1945. A military jet fuels contain additives that aerosol. The RD50 test is a standard test Study of the Lethal Effect of the are not contained in commercial jet for estimating sensory irritancy of Inhalation of Gaseous Fluorine (F2) at fuels. Civilian and military personnel airborne chemicals (ASTM E981–84). In Concentrations from 100 ppm to 10,000 may be exposed to jet fuels during fuel the key study, male Swiss-Webster mice ppm. DOE/EV/03490-T3, United States production, aircraft fueling operations, were exposed for 30 minutes to 681; Atomic Energy Commission. aircraft maintenance operations, and 1,090; 1,837; or 3,565 mg/m3. JP-8 is not Pharmacology Report 435. University of accidental spills or pipeline leaks. a primary irritant and reductions in the Rochester, Rochester, NY. Although several jet fuels are respiratory rate did not occur within 10 b. Keplinger, M.L. and L.W. Suissa. discussed in this document (JP-4, JP-5, minutes at the lower concentrations. 1968. Toxicity of fluorine short-term JP-7, and JP-8), the discussion focuses However, reductions in the respiratory inhalation.American Industrial Hygiene on the toxicity of JP-8 with some rate within the 30-minute exposure Association Journal. 29:10–18. attention to the chemically similar JP-5. durations were concentration- c. Lyon, J.S. 1962. Observations on These two fuels have a similar dependent and allowed calculation of personnel working with fluorine at a composition and appear to have similar an RD50. Based on the correlation gaseous diffusion plant. Journal of toxicities. Monitoring data indicate that between RD50 data and sensory irritancy Occupational Medicine. 4:199–201. exposures to JP-4 which has a higher levels for numerous chemicals, a 0.1- d. Rickey, R.P. 1959. Decontamination vapor pressure than JP-8 and JP-5 were fold reduction of the RD50 results in a of Large Liquid Fluorine Spills. AFFTC- higher than to the presently used JP-8 concentration that elicits some sensory TR-59-31, U.S. Air Force, Air Research and JP-5. Data were located on acute irritation in humans but that can be and Development Command, Air Force sensory and systemic effects of JP-8 and tolerated for hours to days (Alarie 1981). Flight Test Center, Edwards Air Force JP-5 to mice and rats; subchronic studies Using this reasoning, the resulting Base, CA; AD-228–033, Defense addressed systemic effects, particularly concentration of 290 mg/m3 can be Technical Information Center, Ft. effects on the lungs. For all fuels, tests tolerated over all AEGL-1 exposure Belvoir, VA. of eye irritation were generally negative, durations. The 290 mg/m3 value is e. Stokinger, H.E. 1949. Toxicity whereas mild skin irritation occurred supported by the lack of adverse health following inhalation of fluorine and for some fuels. Several short-term and effects in animal studies with repeated hydrogen fluoride, Chapter 17. repeated exposure studies addressed the exposures to 1,000 mg/m3 of JP-8 vapor Pharmacology and Toxicology of particular issue of the toxicity of (continuous exposures up to 90 days) Uranium Compounds. C. Voegtlin and aerosols. Exposure to aerosols of jet (Mattie et al. 1991; Briggs 2001; Rossi et H.C. Hodge, eds. McGraw-Hill Book fuels induces more toxic effects than al. 2001). Dividing the 1,000 mg/m3 Company, New York. exposure to vapors, with the lungs and value by an interspecies uncertainty 6. Jet Fuel 8—i. Description. Jet immune system identified as the target factor of 1 (no species differences were propellant (JP) fuels, used in military organs. Animal studies also addressed observed in multiple studies with rats and civilian aircraft, are complex neurotoxicity, developmental/ and mice and the exposures were mixtures of aliphatic and aromatic reproductive effects, and repeated) and an intraspecies hydrocarbons made by blending various carcinogenicity. These fuels are uncertainty factor of 3 (to account for distillate stocks of petroleum. The generally not considered genotoxic or potential differences in human primary military fuel for land-based carcinogenic and, in a preliminary susceptibilities to sensory irritation) military aircraft is JP-8; JP-5 was study, JP-8 failed to cause spermatotoxic results in 330 mg/m3, a value similar to developed by the U.S. Navy for effects in humans. A nephropathy and that derived from the RD50 study. The shipboard service. The composition of resulting carcinogenic effect, unique to repeated nature of the support studies these two fuels is basically that of male rats exposed to hydrocarbons, is also supports the use of a single value kerosene (with additives) and they have not relevant to humans. No information for all exposure durations. similar chemical and physical relevant to time scaling was available. The AEGL-2 is based on several characteristics. Worldwide, The AEGL-1 is based on the sensory studies with rodents (rats and mice) that approximately 60 billion gallons of irritation study of Whitman et al. (2001), indicate that exposure to 1,100 mg/m3 military JP-8 and the equivalent specifically the RD50 (the concentration of JP-8 would not elicit adverse health commercial Jet A and Jet A-1 are that reduces the respiratory rate by effects but may be the threshold for such consumed on an annual basis. The 50%) for JP-8 of 2,876 mg/m3 vapor plus effects. The shorter-term studies (30

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minutes to 4 hours) with exposures to depression to solvents do not generally might not attain a sustained vapor 3,430–5,000 mg/m3 of JP-8 or JP-5 in the differ by more than 3-fold. The resulting concentration high enough to cause vapor/aerosol form (MacEwen and value is 1,100 mg/m3 (1,100–1,700 mg/ death. In a laboratory study reported by Vernot 1985; Wolfe et al. 1996; m3), approximately the same Wolfe et al. (1996), the highest vapor Whitman et al. 2001) with support from concentration as in the no-adverse-effect concentration of JP-8 that could be the studies using repeated exposures to repeated exposure studies. No attained was 3,430 mg/m3. The highest 1,000 mg/m3 (Mattie et al. 1991; Briggs information was available for time vapor/aerosol concentration that could 2001; Rossi et al. 2001) were used as the scaling. Central nervous system be attained was 4,440 mg/m3. The basis for the AEGL-2. No uncertainty depression is a concentration-related highest vapor/aerosol attainable under 3 3 factors were applied to the 1,000 mg/m effect. Therefore, the 1,100 mg/m value ambient concentrations has been concentration because there were no was used for the 4-hour and shorter time estimated at 700 mg/m3. However, adverse effects and the exposures were period. But, because the exposures to higher concentrations might be attained repeated for up to 90 days. The higher 3 1,000 mg/m were repeated for up to 90 in closed spaces at high temperatures. A concentrations of JP-8, 3430 and 4,440 days, the 1,100 mg/m3 value can also be concentration of 500 mg/m3 is assumed mg/m3, and of JP-5, 5,000 mg/m3, were used for the longest AEGL exposure to be the upper bound for a stable cloud divided by an interspecies factor of 1 duration of 8 hours. The fact that the of inhalable dust (and aerosols). Based (there were no species differences) and exposures in most of these studies, on the likelihood that lethal by an intraspecies uncertainty factor of especially at the higher concentrations, concentrations of JP-8 cannot be 3 to protect potentially sensitive were to both the vapor and the more individuals. An intraspecies uncertainty toxic aerosol supports the sustained under ambient conditions, an factor of 3 is considered adequate appropriateness of the derived value. AEGL-3 was not determined. because the thresholds for both sensory It should be noted that, because of its The proposed AEGL values are listed irritation and central nervous system relatively low vapor pressure, JP-8 in Table 7 of this unit.

TABLE 7.—SUMMARY OF PROPOSED AEGL VALUES FOR JP-8 (MG/M3)A, B

Classification 10-minutes 30-minutes 1-hour 4-hours 8-hours Endpoint (Reference)

AEGL-1 (Nondisabling) 290 290 290 290 290 Slight sensory irritation in humans (mouse RD50 test) (Whitman et al. 2001)

AEGL-2 (Disabling) 1,100 1,100 1,100 1,100 1,100 No clinical signs during repeated exposures to 1,000 mg/m3— rats and mice (Mattie et al. 1991; Briggs 2001; Rossi et al. 2001); sensory irritation at >3,430 mg/m3— rats and mice (Wolfe et al. 1996; Whitman et al. 2001)

AEGL-3 (Lethal) Not determined Not determined Not Not Not cNo data determi- determi- determined ned ned a The values apply to JP-8 vapor or vapor/aerosol and not to the pure aerosol. b The values apply to JP-8 vapor and not to JP-8+100. c A lethal concentration was not attained in the available toxicity studies; the low vapor pressure of JP-8 may preclude attainment of a lethal concentration.

ii. References. a. Alarie, Y. 1981. d. Mattie, D.R.; C.L. Alden; T.K. Biomedical Sciences, Inc., Annandale, Dose-response analysis in animal Newell; C.L. Gaworski; and C.D. NJ. studies: prediction of human responses. Flemming. 1991. A 90-day continuous g. Wolfe, R.E.; E.R. Kinkead; M.L. Environmental Health Perspectives. vapor inhalation toxicity study of JP-8 Feldmann; H.F. Leahy; W.W. Jederberg; 42:9–13. jet fuel followed by 20 or 21 months of K.R. Still; and D.R. Mattie. 1996. Acute b. Briggs, G.B. 2001. Evaluation of recovery in Fischer 344 rats and C57BL/ toxicity evaluation of JP-8 jet fuel military fuel potential to produce male 6 mice. Toxicologic Pathology. 19:77– containing additives. AL/OE-TR-1996- reproductive toxicity. Presented at the 87. 0136, NMRI-94-114, Armstrong International Conference on the Laboratory, Occupational and e. Rossi, J., III; A.F. Nordholm; R.L Environmental Health and Safety of Jet Environmental Health Directorate, Carpenter; G.D. Ritchie; and W. Fuel held in San Antonio, TX, August Toxicology Division, Wright-Patterson Malcomb. 2001. Effects of repeated 8–11, 2001. AFB, OH. c. MacEwen, J.D. and E.H. Vernot. exposure of rats to JP-5 or JP-8 jet fuel 7. Methyl ethyl ketone—i. Description. 1985. Investigation of the 1-hour vapor on neurobehavioral capacity and Methyl ethyl ketone (MEK) is a volatile emergency exposure limit of JP-5. In neurotransmitter levels. Journal of solvent with a sweet/sharp acetone-like Toxic Hazards Research Unit Annual Toxicology and Environmental Health. odor. MEK is widely used as a solvent Report, Report No. AAMRL-TR-85-058; Part A 63:397–428. in common household products such as Aerospace Medical Research Laboratory, f. Whitman, F.T.; J.J. Freeman; G.W. inks, paints, cleaning fluids, varnishes, Wright-Patterson Air Force Base, OH. Trimmer; J.L. Martin; E.J. Febbo; W.J. and glues. In most industrial pp. 137–144. Available from Defense Bover; and R.L. Harris. 2001. Sensory applications it is used as a component Technical information Center, Doc. No. Irritation Study in Mice. Final Report, of a mixture of organic solvents. It has AD-A161558. Project No. 162951, ExxonMobil also been detected in a wide variety of

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natural products and may be a minor parameters. Because this is a threshold exposure to 31,426 ppm was projected product of normal mammalian value and slight irritation should not to reduce the respiratory rate by 50%; metabolism. In 1999, U.S. production increase in intensity with time, an there were no deaths at the highest capacity was 675 million pounds. intraspecies uncertainty factor of 1 was tested concentration of 26,416 ppm The inhalation toxicity of MEK is low. applied. Because accommodation to (Hansen et al. 1992). Because a 30- Low concentrations are only mildly slight irritation occurs, the 100 ppm minute exposure of rats to 3 times this irritating. At high concentrations MEK concentration was used across all concentration (92,239 ppm) also causes a narcotic effect on the central AEGL-1 exposure durations. resulted in no deaths (Klimisch 1988), nervous system as evidenced by Furthermore, MEK is rapidly the 31,426 ppm value was adjusted by neurobehavioral effects in animals. MEK metabolized and will not accumulate in an interspecies uncertainty factor of 1. is not teratogenic, but at high the blood or in the body which further Because the threshold for narcosis concentrations is mildly fetotoxic to rats supports using the same value for all the differs by no more than 2- to 3-fold and mice. Data on human exposures time intervals. among the general population, an were available from clinical studies and The AEGL-2 was based on the chronic intraspecies uncertainty factor of 3 was workplace monitoring. Animal studies study of Cavender et al. (1983) in which applied to protect sensitive individuals. with a variety of species (baboon, rat, rats were exposed to 5,000 ppm for 5 The resulting value of 10,000 ppm was mouse, and guinea pig) addressed days/week for 90 days. No lesions were used for the 10-minute and 30-minute irritation, neurotoxicity, developmental reported in this study, but the AEGL-3 exposure durations. The longer- toxicity, chronic toxicity/ concentration is close to the threshold term values were based on an MLE01 of carcinogenicity, and lethality. Exposure for neurotoxicity as evidenced by 7,500 ppm calculated by Fowles et al. durations ranged from acute to chronic. somnolence in another repeated (1999) from a 4-hour study with rats Genotoxicity was also addressed. exposure study in which rats were exposed to several concentrations for 4 Two studies with human volunteers exposed to 6,000 ppm for several weeks hours (La Belle and Brieger 1955). In exposed to 100, 200, or 350 ppm were (Altenkirch et al. 1978). Because this this study the 4-hour LC50 was 11,700 evaluated for the AEGL-1; the exposure was a no-effect repeated-exposure study, ppm and the highest concentration times were 5 minutes (Nelson et al. no interspecies uncertainty factor was resulting in no deaths was 7,850 ppm 1943) and 4 hours (Dick et al. 1992). applied. Because the threshold for for 4 hours. The 7,500 ppm Although a concentration of 200 ppm narcosis differs by no more than 2- to 3- concentration was divided by an was judged unobjectionable in both fold among the general population, an intraspecies uncertainty factor of 3. The studies, slight nose and throat irritation intraspecies uncertainty factor of 3 was resulting value of 2,500 ppm was used were noted at 100 ppm in the Nelson et applied to protect sensitive individuals. for both the 4-hour and 8-hour AEGL-3 al. (1943) study. Therefore, 100 ppm Because the threshold for narcosis is values because MEK would reach was selected as the threshold for concentration dependent, the resulting equilibrium in the body prior to this sensory irritation. The safety of this 1,700 ppm concentration was applied time period. The 4-hour 2,500 ppm value is supported by numerous clinical across all AEGL-2 exposure durations. value was time scaled to the 1 hour time studies in which volunteers were The AEGL-3 values were based on using the default n value of 3 for scaling routinely exposed to 200–400 ppm for two different studies. The 10- and 30- to shorter time intervals. up to 4 hours without reports of minute values were based on a study The proposed AEGL values are listed irritation or changes in neurobehavioral with mice in which a 30-minute in Table 8 of this unit.

TABLE 8.—SUMMARY OF PROPOSED AEGL VALUES FOR METHYL ETHYL KETONE [PPM (MG/M3)]

Classification 10-minutes 30-minutes 1-hour 4-hours 8-hours Endpoint (Reference)

AEGL-1 (Nondisabling) 100 100 100 100 100 Threshold for sensory irritation in (293) (293) (293) (293) (293) humans (Nelson et al. 1943)

AEGL-2 (Disabling) 1,700 1,700 1,700 1,700 1,700 Threshold for narcosis— rats (4,980) (4,980) (4,980) (4,980) (4,980) (Cavender et al. 1983)

AEGL-3(Lethal) 10,000a,b 10,000 4,000c 2,500 2,500 Threshold for lethality— mouse (29,300) (29,300) (11,720) (7,325) (7,325) (Hansen et al. 1992; La Belle and Brieger 1955) aBased on Hansen et al. (1992). bThis value is more than one-half of the lower explosive limit of 18,000 ppm. cBased on La Belle and Brieger (1955).

ii.References. a. Altenkirch, H.; G. c. Dick, R.B.; E.F. Krieg, Jr.; J. Setzer; e. Hansen, L.F.; A. Knudsen; and G.D. Stoltenburg; and H.M. Wagner. 1978. and B. Taylor. 1992. Neurobehavioral Nielsen. 1992. Sensory irritation effects Experimental studies on hydrocarbon effects from acute exposures to methyl of methyl ethyl ketone and its receptor neuropathies induced by methyl-ethyl- isobutyl ketone and methyl ethyl activation mechanism. Pharmacology & ketone (MEK). Journal of Neurology. ketone. Fundamental and Applied Toxicology. 71:201–208. 219:159–170. Toxicology. 19:453–473. b. Cavender, F.L; H.W. Casey; H. f. Klimisch, H. 1988. The inhalation Salem; J.A. Swenberg; and E.J. Gralla. d. Fowles, J.R.; G.V. Alexeeff; and D. hazard test; principle and method. 1983. A 90-day vapor inhalation toxicity Dodge. 1999. The use of the benchmark Archives of Toxicology. 61:411–416. study of methyl ethyl ketone. dose methodology with acute inhalation g. La Belle, C. and H. Brieger. 1955. Fundamental and Applied Toxicology. lethality data. Regulatory Toxicology The vapor toxicity of a composite 3:264–270. and Pharmacology. 29:262–278. solvent and its principal components.

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Archives of Industrial Health. 12:623– response’’ in a Russian report. A brief based upon the 4-hour LC50 of 48.4 ppm 627. report from industry indicated in rats that was reported by Weeks et al. h. Nelson, K.W.; J.F. Ege, Jr.; M. Ross; immediate adverse responses (at 2 (1964). Although exposure-response L.E. Woodman; and L. Silverman. 1943. minutes) and death (18 minutes) data were unavailable, the lethality Sensory response to certain industrial following exposure to a very high threshold was estimated a one third of solvent vapors. Journal of Industrial concentration (25,462 ppm). The the 4-hour LC50 (i.e., 48.4 ppm/3 = 16.1 Hygiene and Toxicology. 25:282–285. available studies affirm the extreme ppm). Due to uncertainties regarding 8. Phosphorus oxychloride—i. irritation properties of phosphorus species variability in the lethal response Description. Phosphorus oxychloride oxychloride, although the exposures to phosphorus oxychloride and the lack (CAS No. 10025–87–3), a colorless described also resulted in lethality. No of lethality data in humans, an order-of- fuming liquid with a pungent odor, is information was available regarding magnitude uncertainty adjustment was stable to above 300° C but is highly reproductive/developmental toxicity, applied for interspecies variability. reactive with water yielding phosphoric genotoxicity, or carcinogenicity. Contact irritation resulting in damage to acid and hydrogen chloride. It is used There are no definitive data regarding epithelial tissue appears to be involved in the manufacture of plasticizers, the metabolism or precise mechanism of in the toxic response to phosphorus hydraulic fluids, gasoline additives, fire action of phosphorus oxychloride oxychloride. It is likely that this retarding agents, and in the manufacture toxicity. Based upon the limited human response is a function of the extreme of alkyl and aryl orthophosphate and animal toxicity data, and the reactivity of phosphorus oxychloride triesters. chemical properties of phosphorus with tissues (e.g., pulmonary Information regarding exposure of oxychloride, it may be assumed that the epithelium) and not likely to vary humans to phosphorus oxychloride are primary effect involves damage to greatly among individuals. The limited to qualitative reports that epithelial tissue and, for respiratory uncertainty adjustment for intraspecies indicate notable dermal, ocular, effects, subsequent pulmonary edema. variability, therefore, was limited to 3. pharyngeal and pulmonary irritation The lethal potency of phosphorus The concentration exposure time following acute and subchronic oxychloride, however, does not appear relationship for many irritant and (intermittent) exposures. Most reports to be explained simply by the activity of systemically acting vapors and gases lacked exposure terms although one its degradation products (phosphoric may be described by Cn x t = k, where report of occupational exposures acid and hydrogen chloride). the exponent, n, ranges from 0.8 to 3.5. indicated that air concentrations of In the absence of odor detection data In the absence of an empirically derived phosphorus oxychloride ranged from and quantitative data pertaining to exponent (n), and to obtain conservative 1.6 to 11.2 ppm. The effects often effects consistent with AEGL-1 and protective AEGL values, temporal persisted after cessation of exposure, definition, AEGL-1 values were not scaling was performed using n = 3 when especially in those individuals developed. extrapolating to shorter time points and experiencing more severe effects. Exposure-response data pertaining to n = 1 when extrapolating to longer time Neither odor detection data nor lethality AEGL-2 level effects were unavailable points using the Cn x t = k equation. data are available for humans. and, therefore no AEGL-2 values were The range of interspecies variability Quantitative data in animals are developed. Because of the lack of remains uncertain due to limited animal limited to reports of lethality. These exposure-response data for any effects, data and the absence of quantitative data include a 4-hour LC50 for rata (44.4 estimating AEGL-2 values by a exposure-response data for humans. The ppm) and guinea pigs (52.5 ppm), and reduction in AEGL-3 values was absence of exposure-response data for an unverified 4-hour LC50 of 32 ppm for considered tenuous and difficult to non-lethal effects in animals or humans rats. A 5–15 minute exposure of rats and justify. is a significant data deficiency. guinea pigs to 0.96 ppm phosphorus AEGL-3 values were developed using The proposed AEGL values are listed oxychloride was noted as a ‘‘threshold an estimate of the lethality threshold in Table 9 of this unit.

TABLE 9.—SUMMARY OF PROPOSED AEGL VALUES FOR PHOSPHORUS OXYCHLORIDE

Classification 10-minutes 30-minutes 1-hour 4-hours 8-hours Endpoint (Reference)

AEGL-1 (Nondisabling) NR NR NR NR NR Data unavailable for development

AEGL-2 (Disabling) NR NR NR NR NR Data unavailable for development

AEGL-3 (Lethal) 1.1 ppm 1.1 ppm 0.85 ppm 0.54 ppm 0.27 ppm Weeks et al., (1964). Estimate of (6.9 mg/m3) (6.9 mg/m3) (5.3 mg/m3) (3.4 mg/m3) (1.7 mg/m3) lethality threshold in rats (16.1 ppm) based upon 3-fold reduction in 4-hour LC50 of 48.4 ppm. NR: Not recommended. Numeric values for AEGL-1and AEGL-2 are not recommended due to the lack of available data Absence of AEGL-1 and AEGL-2 values does not imply that exposure below the AEGL-3 is without effect.

ii. References. Weeks, M.H.; methyl phosphonic dichloride. irritating odor. In the presence of water, Mussleman, N.P.; Yevich, P.P.; Industrial Hygiene Journal. 25:470–475. the chemical decomposes rapidly in a Jacobson, K.H.; and Oberst, F.W. 1964. 9. Phosphorus trichloride—i. highly exothermic reaction to Acute vapor toxicity of phosphorus Description. Phosphorus trichloride phosphonic acid, hydrogen chloride, oxychloride, phosphorus trichloride and (CAS No. 007719–12–2) is a colorless, and pyrophosphonic acids. clear fuming liquid with a pungent,

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No acute lethality data are available in empirically derived exponent (n), and to trichloride and more severe but humans. Qualitative data regarding obtain conservative and protective reversible irritation following exposures human exposures indicate signs and AEGL values, temporal scaling was of 1–8 weeks. Reports providing symptoms of exposure consistent with a performed using n = 3 when qualitative information but no exposure highly irritating chemical; ocular and extrapolating to shorter time points and terms affirmed the potential for dermal irritation, respiratory tract n = 1 when extrapolating to longer time respiratory tract irritation following irritation, shortness of breath, and points using the Cn x t = k equation. For acute exposures to phosphorus nausea. 10-minute AEGL-3 values were set at trichloride. Data for rats showed upper Lethality data in animals are available equivalence to the 30-minute values due respiratory tract involvement following for rats, cats, and guinea pigs. Cursory to uncertainties in extrapolating from multiple exposures over 4 weeks to 11 studies conducted nearly 100 years ago the experimental exposure durations of ppm but not to 3.4 ppm (Hazleton in Germany provided preliminary data 4 hours and greater. Laboratories, 1983). For development of on lethal and nonlethal effects in cats Quantitative data consistent with AEGL-2 values, the 11 ppm exposure in and guinea pigs following various AEGL-1 effects were unavailable. rats was considered a NOAEL for AEGL- treatment regimens with inhaled Occupational exposures of humans to 2 effects. Uncertainty factor application phosphorus trichloride. Although 1.8–3.6 ppm for 2–6 hours and exposure was the same as for the AEGL-1 tier. results of the studies indicated the of rats to 3.4 ppm for 6 hours/day, 5 respiratory tract to a be a critical target, days/week for 4 weeks were without AEGL-3 values were developed based the methods and results of these studies notable effect. These data can be upon a 3-fold reduction of the 4-hour were not verifiable. Weeks et al. (1964) considered a NOAEL for AEGL-1 effects. LC50 (Weeks et al., 1964) as an estimate of the lethality threshold (50.1 ppm/3 = reported 4-hour LC50 values of 104.5 Because they were derived from ppm and 50.1 ppm for rats and guinea controlled experiments, the AEGL-1 16.7 ppm). A total uncertainty factor pigs, respectively. An unpublished values were based upon the Hazleton adjustment of 10 was used to develop study by Hazleton Laboratories (1983) Laboratories (1983) report. These data as the AEGL-3 values. Animal data identified a NOAEL of 3.4 ppm and a well as the AEGL-1 values are supported indicated some variability in the toxic LOAEL (histopathologic changes in the by the human experience data reported response to phosphorus trichloride with respiratory tract) of 11 ppm following by Sassi (1952). The interspecies guinea pigs being the more sensitive repeated exposure (6 hours/day, 5 days/ uncertainty factor was limited to 3 among the species tested. Therefore, week for 4 weeks) of rats. There are no because of the concordance of the uncertainty adjustment regarding data regarding reproductive/ animal data with the human experience interspecies variability was limited to 3. developmental toxicity, genotoxicity, or and because the most sensitive species To account for intraspecies variability, a carcinogenicity of phosphorus tested (guinea pig) was only about 2-fold factor of 3 was applied. The uncertainty trichloride. Definitive data regarding the more sensitive. The intraspecies of intraspecies variability was limited to mechanism of action of phosphorus uncertainty factor was limited to 3 3 because primary effects of phosphorus trichloride are unavailable. because primary effects of phosphorus trichloride (irritation and subsequent Decomposition products (hydrogen trichloride (irritation and subsequent tissue damage) appear to be due, in part, chloride, phosphonic acid, and tissue damage) appear to be due, in part, to hydrogen chloride and phosphonic pyrophosphonic acids) are responsible, to hydrogen chloride and phosphonic acid resulting from chemical at least in part, for the contact irritation acid resulting from chemical dissociation. The total uncertainty factor reported by humans, and the irritation dissociation. Additional reduction of of 10 may be justified by human and tissue damage observed in animal the AEGL-1 values would be exposure data showing that repeated 2 species. inconsistent with available human and to 6-hour exposures of up to 27 ppm The concentration-time relationship animal data . were without life-threatening for may irritant and systemically acting Information consistent with AEGL-2 consequences. Furthermore, the results vapors and gases may be described by effects were limited to an occupational of the Hazleton Laboratories (1983) Cn x t = k, where the exponent n ranges exposure report and a multiple exposure study showed no fatalities in rats from 0.8 to 3.5. Due to the limited study with rats. For occupational following multiple 6-hour exposures to toxicity data for this chemical, an exposures, there was notable irritation 11 ppm. empirical derivation of n was not following 2–6 hours of exposure to The proposed AEGL values are listed possible. In the absence of an approximately 14–27 ppm phosphorus in Table 10 of this unit.

TABLE 10.—SUMMARY OF PROPOSED AEGL VALUES FOR PHOSPHORUS TRICHLORIDE

Classification 10-minutes 30-minutes 1-hour 4-hours 8-hours Endpoint (Reference)

AEGL-1 (Nondisabling) 0.78 ppm 0.78 ppm 0.62 ppm 0.39 ppm 0.26 ppm NOAEL of 3.4 ppm in rats exposed 6 hours/day, 5 days/ week for 4 weeks (Hazleton Laboratories, 1983)

AEGL-2 (Disabling) 2.5 ppm 2.5 ppm 2.0 ppm 1.3 ppm 0.83 ppm NOAEL for AEGL-2 tier effects; based upon respiratory tract histopathology in rats exposed 6 hours/day, 5 days/week for 4 weeks (Hazleton Labora- tories, 1983)

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TABLE 10.—SUMMARY OF PROPOSED AEGL VALUES FOR PHOSPHORUS TRICHLORIDE—Continued

Classification 10-minutes 30-minutes 1-hour 4-hours 8-hours Endpoint (Reference)

AEGL-3 (Lethal) 7.0 ppm 7.0 ppm 5.6 ppm 3.5 ppm 1.8 ppm Estimated lethality threshold based upon 3-fold reduction of guinea pig 4-hour LC50 (50.1 ppm/3 = 16.7 ppm) (Weeks et al., 1964)a aBased upon animal data, lethality may be delayed.

ii. References. a. Hazleton a 15-minute exposure to 230 ppm mixed was applied because rats receive a Laboratories. 1983. Subacute inhalation xylenes resulting in mild eye irritation greater systemic dose of inhaled xylene toxicity study in rats— phosphorus and dizziness in one individual; and a as compared to humans. An intraspecies trichloride. Final Report. Project No. 3-hour exposure to 200 ppm m- or p- uncertainty factor of 3 was applied 241–141. Hazleton Laboratories xylene (Ogata et al., 1970), a 4-hour because the MAC for volatile anesthetics America, Inc. Unpublished. exposure to 200 ppm m-xylene should not vary by more than a factor b. Weeks, M.H.; Mussleman, N.P.; (Savolainen et al., 1981), and a 5.5 hour of 2–3-fold among humans. A 3-fold Yevich, P.P.; Jacobson, K.H.; and Oberst, exposure to 200 ppm m-xylene (Laine et factor is also adequate to account for F.W. 1964. Acute vapor toxicity of al., 1993) all representing no-effect moderate physical activity during phosphorus oxychloride, phosphorus levels. exposure, which would result in greater trichloride and methyl phosphonic The AEGL-2 is based upon poor uptake of the chemical. dichloride. American Industrial Hygiene coordination resulting when rats were The two primary effects of concern for Journal. 25:470–475. exposed to 1,300 ppm mixed xylenes for xylene are those of irritation and central 10. Xylenes—i. Description. Xylene is 4 hours (Carpenter et al., 1975). This nervous system effects. Irritation is found in a number of consumer concentration represents the threshold considered a threshold effect and products, including solvents, paints, or for reversible equilibrium disturbances. therefore should not vary over time. The coatings, and as a blend in gasoline. This concentration and endpoint are AEGL-1 value based on irritation is Mixed xylenes are comprised of 3 consistent with the preponderance of therefore not scaled across time, but isomers: M-xylene, o-xylene, and p- available data for 4-hour exposures in rather the threshold value is applied to xylene, with the m-isomer rats: The EC50 for decreased rotarod all times. predominating. Ethyl benzene is also performance was 1982 ppm (Korsak et Data indicate that once steady state is present in the technical product al., 1993); the minimum narcotic reached, concentration, not duration, is formulation. Absorbed xylene is rapidly concentrations for m-, o-, and p-xylene the prime determinant in xylene- metabolized and is excreted almost ranged from 1,940–2,180 ppm (Molna´r induced central nervous system toxicity. exclusively in the urine as et al., 1986); and exposure to 1,600 ppm Pharmacokinetic modeling in both methylhippuric acid isomers in humans p-xylene resulted in hyperactivity, fine humans and rats indicate that venous and as methylhippuric acid isomers and tremor, and unsteadiness (Bushnell, blood concentrations rapidly increase toluic acid glucuronides in animals. In 1989), induced flavor aversion during the first 15 minutes of exposure, both humans and animals, xylene (Bushnell and Peele, 1988), and caused followed by minimal increases in blood causes irritation and effects the central changes in the flash evoked potential concentrations with continuing nervous system following acute suggestive of increased arousal (Dyer et exposure (i.e., increases follow a inhalation exposure. No consistent al., 1988). In dogs, exposure to 1,200 hyperbolic curve). Likewise, available developmental or reproductive effects ppm for 4 hours represented a threshold human data indicate that once the were observed in the studies found in for eye irritation (Carpenter et al., 1975). initial increase in blood xylene the available literature. Commercial An interspecies uncertainty factor of 1 concentration is reached, blood xylene and all 3 isomers have generally was applied because rats receive a concentrations level off with increasing tested negative for genotoxicity. Xylenes greater systemic dose of inhaled xylene exposure duration. Conversely, are currently not classifiable as to its as compared to humans. An intraspecies available human and animal data carcinogenicity by the International uncertainty factor of 3 was applied demonstrate that increasing exposure Agency on Research for Cancer (IARC) because the minimum alveolar concentrations correlate with increases or the EPA because of inadequate concentration (MAC) for volatile in venous blood xylene concentrations. evidence. anesthetics should not vary by more Therefore, the AEGL 2- and -3 values are The AEGL-1 is based upon slight eye than a factor of 2–3-fold among humans. set equal across time once steady state irritation noted during a 30-minute A 3-fold factor is also adequate to is approached (starting at approximately exposure to 400 ppm mixed xylenes account for moderate physical activity 1 hour), while pharmacokinetic (Hastings et al., 1986). An interspecies during exposure, which would result in modeling was used to extrapolate to uncertainty factor was not applied greater uptake of the chemical. exposure durations of 10- and 30- because the key study used human data. The AEGL-3 derivation is based upon minutes. An intraspecies uncertainty factor of 3 prostration occurring in all 10 rats The AEGL values should be protective was applied because the toxic effect exposed for 4 hours to 2,800 ppm mixed of human health. The AEGL-1 values are (slight irritation) was less severe than xylenes, with recovery occurring within consistent with other human studies, that defined for the AEGL-1 tier (notable 1 hour of exposure (Carpenter et al., and represent a value consistent with discomfort). The resulting value of 130 1975). Although coordination initially exposure concentrations that might ppm is supported by several other remained poor, it returned to normal the result in mild eye irritation. The AEGL- studies, including: A 150 ppm p-xylene following day. This concentration also 2 levels are protective, especially when exposure resulting in eye irritation in a represents a no-effect level for lethality. considering numerous human studies contact lens wearer (Hake et al., 1981); An interspecies uncertainty factor of 1 investigating the effects of exposure to

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200 ppm xylene with 20-minute peak comes from its ‘‘all-or-nothing’’ resulted in lightheadedness/dizziness exposures to 400 ppm, in some cases continuum of toxicity: Toxicity ranges and a 30 minute exposure to 700 ppm additionally combining peak exposures from mild irritation to narcosis, with resulted in nausea, vomiting, dizziness, with physical exercise resulting in little happening in between. The AEGL- or vertigo. greater uptake of the chemical, and 3 levels represent the threshold for The proposed AEGL values are listed finding only minimal central nervous narcosis, and are protective as in Table 11 of this unit. system effects. The difficultly in supported by human data demonstrating defining an AEGL-2 level for xylene that exposure to 690 ppm for 15 minutes

TABLE 11.—SUMMARY OF PROPOSED AEGL VALUES FOR XYLENES [PPM (MG/M3)]

Classification 10-minutes 30-minutes 1-hour 4-hours 8-hours Endpoint (Reference)

AEGL-1 (Nondisabling) 130 130 130 130 130 Eye irritation in human volun- (560) (560) (560) (560) (560) teers exposed to 400 ppm mixed xylenes for 30 minutes (Hastings et al., 1986)

AEGL-2 (Disabling) 990 480 430 430 430 Rats exposed to 1,300 ppm (4,300) (2,100) (1,900) (1,900) (1,900) mixed xylenes for 4 hours exhibited poor coordination (Car- penter et al., 1975)

AEGL-3 (Lethal) 2,100 1,000 930 930 930 Rats exposed to 2,800 ppm for (9,100) (4,300) (4,000) (4,000) (4,000) 4 hours exhibited prostration followed by a full recovery (Carpenter et al., 1975)

ii. References. a. Bushnell, P.J. 1989. g. Korsak, Z.; Swiercz, R.; and The NAC/AEGL Committee will Behavioral effects of acute p-xylene Jedrychowski, R. 1993. Effects of acute review and consider all public inhalation in rats: Autoshaping, motor combined exposure to—n-butyl alcohol comments received on this notice, with activity, and reversal learning. and m-xylene. Polish Journal of revisions to the ‘‘Proposed’’ AEGL Neurotoxicology and Teratology. Occupational Medicine and values as appropriate. The resulting 10:569–577. Environmental Health. 6:35–41. AEGL values will be established as b. Bushnell, P.J. and Peele, D.B. 1988. h. Laine, A.; Savolainen, K.; and ‘‘Interim’’ AEGLs and will be forwarded Conditioned flavor aversion induced by Riihima¨ki, V., et al. 1993. Acute effects to the National Research Council, inhaled p-xylene in rats. of m-xylene inhalation onbody sway, National Academy of Sciences (NRC/ Neurotoxicology and Teratology. reaction times, and sleep in man. NAS), for review and comment. The 10:273–277. International Archives of Occupational ‘‘Final’’ AEGLs will be published under c. Carpenter, C.P.; Kinkead, E.R.; and Environmental Health. 65:179–188. the auspices of the NRC/NAS following i. Molna´r, J.; Paksy, K.A´ .;and Na´ray, Geary, D.L. Jr.; Sullivan, L.J.; and King, concurrence on the values and the M. 1986. Changes in the rat’s motor J.M. 1975b. Petroleum hydrocarbon scientific rationale used in their behavior during 4-hour inhalation toxicity studies. V. Animal and human development. response to vapors of mixed xylene. exposure to prenarcotic concentrations of benzene and its derivatives. Acta Toxicology and Applied Pharmacology. List of Subjects 33:543–58. Physiologica Hungarica. 67:349–354. j. Ogata, M.; Tomokuni, K.; and d. Dyer, R.S.; Bercegeay, M.S.; and Environmental protection, Hazardous Takatsuka, Y. 1970. Urinary excretion of Mayo, L.M. 1988. Acute exposures to p- chemicals, Worker protection. hippuric acid and m- or p- xylene and toluene alter visual methylhippuric acid in the urine of information processing. Dated: July 7, 2003. persons exposed to vapours of toluene Neurotoxicology and Teratology. Susan B. Hazen, and m- or p-xylene as a test of exposure. 10:147–153. Acting Assistant Administrator for British Journal of Industrial Medicine. Prevention, Pesticides and Toxic Substances. e. Hake, C.R.L.; Stewart, R.D.; and 27:43–50. Wu, A., et al. 1981. p-Xylene: k. Savolainen, K.; Riihima¨ki, V.; [FR Doc. 03–18306 Filed 7–17–03; 8:45 am] Development of a biological standard for Laine, A.; and Kekoni, J. 1981. Short- BILLING CODE 6560–50–S the industrial worker. Report to the term exposure of human subjects to m- National Institute for Occupational xylene and 1,1,1-trichloroethane. Safety and Health, Cincinnati, OH, by International Archives of Occupational the Medical College of Wisconsin, Inc., Environmental Health. 49:89–98. Milwaukee, WI. PB82-152844. f. Hastings, L.; Cooper, G.P.; and Burg, IV. Next Steps W. 1986. Human sensory response to The NAC/AEGL Committee plans to selected petroleum hydrocarbons. In: publish ‘‘Proposed’’ AEGL values for MacFarland, H.N. ed. Advances in five-exposure periods for other Modern Environmental Toxicology. Vol. chemicals on the priority list of 85 in VI. Applied Toxicology of Petroleum groups of approximately 10 to 20 Hydrocarbons. Princeton, NJ: Princeton chemicals in future Federal Register Scientific Publishers. pp. 255–270. notices during the calendar year 2003.

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ENVIRONMENTAL PROTECTION Protection Agency, Region VIII, 999 receive written comments relating to the AGENCY 18th Street, Suite 300, ENF–T, Denver, settlement. Colorado, 80202. Comments should be EPA will consider all comments [FRL–7530–1] sent to Maureen O’Reilly at the address received and may modify or withdraw Notice of Proposed Prospective above and should reference the ‘‘Sand its consent to the settlement if Purchaser Agreement Pursuant to the Creek Superfund Site Prospective comments received disclose facts or Comprehensive Environmental Purchaser Agreement, EPA Docket No. considerations that indicate that the Response, Compensation and Liability CERCLA–08–2003–0008’’. proposed settlement is inappropriate, Act of 1980, as Amended by the FOR FURTHER INFORMATION CONTACT: improper or inadequate. EPA’s response Superfund Amendments and Richard Sisk, Enforcement Attorney, to any comments received will be Reauthorization Act, Sand Creek U.S. Environmental Protection Agency, available for public inspection at EPA Superfund Site Region VIII, 999 18th Street, Suite 300, Region II, 290 Broadway, New York, ENF–L, Denver, Colorado, 80202, (303) New York 10007–1866. AGENCY: Environmental Protection 312–6638. DATES: Comments must be submitted on Agency (EPA). Dated: June 27, 2003. or before August 18, 2003. ACTION: Notice; request for public It is so agreed: ADDRESSES: The proposed settlement is comment. Robert E. Roberts, available for public inspection at EPA Notification is hereby given that a Regional Administrator, U.S. Environmental Region II offices at 290 Broadway, New Proposed Prospective Purchaser Protection Agency Region 8. York, New York 10007–1866. Agreement (PPA) associated with the [FR Doc. 03–18159 Filed 7–17–03; 8:45 am] Comments should reference the Sand Creek Superfund Site located in BILLING CODE 6560–50–M Radiation Technology, Inc. Superfund Commerce City, Colorado was executed Site located in Rockaway Township, by the United States Department of Morris County, New Jersey, Index No. Justice on June 3, 2003. This Agreement ENVIRONMENTAL PROTECTION CERCLA 02–2003–2006. To request a is subject to final approval after the AGENCY copy of the proposed settlement comment period. The Prospective agreement, please contact the individual [FRL–7529–8] Purchaser Agreement would resolve identified below. certain potential EPA claims under the Proposed CERCLA Section 122(h)(1) FOR FURTHER INFORMATION CONTACT: Comprehensive Environmental Administrative Agreement for Frances M. Zizila, Assistant Regional Response, Compensation and Liability Recovery of Response Costs for the Counsel, New Jersey Superfund Branch, Act of 1980, as amended by the Radiation Technology, Inc. Superfund Office of Regional Counsel, U.S. Superfund Amendments and Site, Rockaway Township, Morris Environmental Protection Agency, 17th Reauthorization Act of 1986 (CERCLA), County, NJ Floor, 290 Broadway, New York, New against NDSC, LLC., the prospective York 10007–1866. Telephone: (212) purchaser (the purchaser). The AGENCY: Environmental Protection 637–3135. settlement would require the purchaser Agency. Dated: July 9, 2003. to provide EPA and the State of ACTION: Notice; request for public William McCabe, Colorado an irrevocable right of access, comment. cash payments to EPA (90%) and the Acting Director, Emergency & Remedial State of Colorado (10%) in the total SUMMARY: In accordance with section Response Division. amount of $290,000.00, and the grant of 122(i) of the Comprehensive [FR Doc. 03–18158 Filed 7–17–03; 8:45 am] an environmental covenant, under Environmental Response, BILLING CODE 6560–50–P Colorado law, that will place land use Compensation, and Liability Act of controls on the purchased properties 1980, as amended (‘‘CERCLA’’), 42 consistent with the response actions U.S.C. 9622(i), notice is hereby given by ENVIRONMENTAL PROTECTION conducted by EPA and the State of the U.S. Environmental Protection AGENCY Colorado on these properties. The Agency (‘‘EPA’’), Region II, of a [OPPT–2003–0035; FRL–7319–1] purchasers will use the Site property in proposed administrative agreement conjunction with their landscaping pursuant to section 122(h) of CERCLA, Approval of Test Marketing Exemption business operations. 42 U.S.C. 9622(h), for recovery of for a Certain New Chemical For thirty (30) days following the date response costs concerning the Radiation AGENCY: of publication of this document, the Technology, Inc. Superfund Site Environmental Protection Agency will receive written comments (‘‘Site’’) located in Rockaway Township, Agency (EPA). relating to the proposed settlement. The Morris County, New Jersey. The ACTION: Notice. Agency’s response to any comments settlement requires the settling parties, SUMMARY: This notice announces EPA’s received will be available for public Sterigenics East Corporation and Ion approval of an application for test inspection at the Superfund Records Beam Applications, Inc., the current marketing exemption (TME) under Center at the U.S. Environmental lessees of a 15-acre parcel of property section 5(h)(1) of the Toxic Substances Protection Agency, Region VIII, 999 located on the approximately 280-acre Control Act (TSCA) and 40 CFR 720.38. 18th Street, Denver, Colorado, 80202. Site, to pay $200,000 in reimbursement Availability: The proposed agreement of EPA’s response costs at the Site. The EPA has designated this application as is available for public inspection at the settlement includes a covenant not to TME–03–0004. The test marketing U.S. Environmental Protection Agency, sue the settling parties pursuant to conditions are described in the TME Region VIII, 999 18th Street, Denver, sections 106 and 107(a) of CERCLA, 42 application and in this notice. Colorado, 80202. A copy of the U.S.C. 9606 and 9607(a), in exchange for DATES: Approval of this TME is effective proposed Agreement may be obtained settling parties’ payment of monies. For July 9, 2003. from Maureen O’Reilly, Enforcement thirty (30) days following the date of FOR FURTHER INFORMATION CONTACT: For Specialist, U.S. Environmental publication of this notice, EPA will general information contact: Barbara

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Cunningham, Acting Director, An electronic version of the public Test Marketing Period: 365 days, Environmental Assistance Division docket is available through EPA’s commencing on first day of commercial (7408M), Office of Pollution Prevention electronic public docket and comment manufacture. and Toxics, Environmental Protection system, EPA Dockets. You may use EPA The following additional restrictions Agency, 1200 Pennsylvania Ave., NW., Dockets at http://www.epa.gov/edocket/ apply to this TME. A bill of lading Washington, DC 20460–0001; telephone to submit or view public comments, accompanying each shipment must state number: (202) 554–1404; e-mail address: access the index listing of the contents that the use of the substance is restricted [email protected]. of the official public docket, and to to that approved in the TME. In For technical information contact: access those documents in the public addition, the applicant shall maintain Virginia Lee, Chemical Control Division docket that are available electronically. the following records until 5 years after (7405M), Office of Pollution Prevention Although not all docket materials may the date they are created, and shall and Toxics, Environmental Protection be available electronically, you may still make them available for inspection or Agency, 1200 Pennsylvania Ave., NW., access any of the publicly available copying in accordance with section 11 Washington, DC 20460–0001; telephone docket materials through the docket of TSCA: number: (202) 564–0883; e-mail address: facility identified in Unit I.B.1. Once in 1. Records of the quantity of the TME [email protected]. the system, select ‘‘search,’’ then key in substance produced and the date of SUPPLEMENTARY INFORMATION: the appropriate docket ID number. manufacture. 2. Records of dates of the shipments I. General Information II. What is the Agency’s Authority for to each customer and the quantities Taking this Action? A. Does this Action Apply to Me? supplied in each shipment. Section 5(h)(1) of TSCA and 40 CFR 3. Copies of the bill of lading that This action is directed in particular to 720.38 authorizes EPA to exempt accompanies each shipment of the TME the chemical manufacturer and/or persons from premanufacture substance. importer who submitted the TME to notification (PMN) requirements and EPA. This action may, however, be of V. What was EPA’s Risk Assessment for permit them to manufacture or import this TME? interest to the public in general. Since new chemical substances for test other entities may also be interested, the marketing purposes, if the Agency finds EPA identified no significant health Agency has not attempted to describe all that the manufacture, processing, or environmental concerns for the test the specific entities that may be affected distribution in commerce, use, and market substance. Therefore, the test by this action. If you have any questions disposal of the substances for test market activities will not present any regarding the applicability of this action marketing purposes will not present an unreasonable risk of injury to human to a particular entity, consult the unreasonable risk of injury to health or health or the environment. FOR technical person listed under the environment. EPA may impose FURTHER INFORMATION CONTACT. VI. Can EPA Change Its Decision on this restrictions on test marketing activities TME in the Future? B. How Can I Get Copies of this and may modify or revoke a test Yes. The Agency reserves the right to Document and Other Related marketing exemption upon receipt of rescind approval or modify the Information? new information which casts significant doubt on its finding that the test conditions and restrictions of an 1. Docket. EPA has established an exemption should any new information official public docket for this action marketing activity will not present an unreasonable risk of injury. that comes to its attention cast under docket identification (ID) number significant doubt on its finding that the OPPT–2003–0035. The official public III. What Action is the Agency Taking? test marketing activities will not present docket consists of the documents EPA approves the above-referenced any unreasonable risk of injury to specifically referenced in this action, TME. EPA has determined that test human health or the environment. any public comments received, and marketing the new chemical substance, List of Subjects other information related to this action. under the conditions set out in the TME Although a part of the official docket, application and in this notice, will not Environmental protection, Test the public docket does not include present any unreasonable risk of injury marketing exemptions. Confidential Business Information (CBI) to health or the environment. Dated: July 9, 2003. or other information whose disclosure is Linda Gerber, restricted by statute. The official public IV. What Restrictions Apply to this TME? Chief, New Chemicals Prenotice Management docket is the collection of materials that Branch, Office of Pollution Prevention and is available for public viewing at the The test market time period, Toxics. EPA Docket Center, Rm. B102-Reading production volume, number of [FR Doc. 03–18305 Filed 7–17–03; 8:45 am] Room, EPA West, 1301 Constitution customers, and use must not exceed BILLING CODE 6560–50–S Ave., NW., Washington, DC. The EPA specifications in the application and Docket Center is open from 8:30 a.m. to this notice. All other conditions and 4:30 p.m., Monday through Friday, restrictions described in the application FEDERAL RESERVE SYSTEM excluding legal holidays. The EPA and in this notice must also be met. Docket Center Reading Room telephone TME–03–0004. Change in Bank Control Notices; number is (202) 566–1744 and the Date of Receipt: June 2, 2003. Acquisition of Shares of Bank or Bank telephone number for the OPPT Docket, Notice of Receipt: June 25, 2003 Holding Companies which is located in EPA Docket Center, (Volume 68 FR 37820) (FRL–7315–1). is (202) 566–0280. Applicant: PPG Industries, Inc. The notificants listed below have 2. Electronic access. You may access Chemical: Urethane acrylate. applied under the Change in Bank this Federal Register document Use: Component of photoresist Control Act (12 U.S.C. 1817(j)) and electronically through the EPA Internet coating. § 225.41 of the Board’s Regulation Y (12 under the ‘‘Federal Register’’ listings at Production Volume: 40,104 kg/yr. CFR 225.41) to acquire a bank or bank http://www.epa.gov/fedrgstr/. Number of Customers: One. holding company. The factors that are

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considered in acting on the notices are A. Federal Reserve Bank of St. Louis 1. East Dubuque Bancshares, Inc., set forth in paragraph 7 of the Act (12 (Randall C. Sumner, Vice President) 411 Dubuque, Iowa; to become a bank U.S.C. 1817(j)(7)). Locust Street, St. Louis, Missouri holding company when its subsidiary, The notices are available for 63166–2034: East Dubuque Savings Bank, East immediate inspection at the Federal 1. Farbod S. Zohouri, Flowery Branch, Dubuque, Illinois, converts from a Reserve Bank indicated. The notices Georgia; to acquire voting shares of federal savings bank to a state chartered also will be available for inspection at Texico Bancshares Corporation, Texico, bank. the office of the Board of Governors. Illinois, and thereby indirectly acquire B. Federal Reserve Bank of San Interested persons may express their Texico State Bank, Texico, Illinois. Francisco (Tracy Basinger, Director, views in writing to the Reserve Bank Board of Governors of the Federal Reserve Regional and Community Bank Group) indicated for that notice or to the offices System, July 15, 2003. 101 Market Street, San Francisco, of the Board of Governors. Comments Robert deV. Frierson, California 94105-1579: must be received not later than August Deputy Secretary of the Board. 1. Heritage Oaks Bancorp, Paso 1, 2003. Robles, California; to acquire 100 [FR Doc. 03–18320 Filed 7–17–03; 8:45 am] A. Federal Reserve Bank of Chicago percent of the voting shares of Hacienda (Phillip Jackson, Applications Officer) BILLING CODE 6210–01–S Bank, Santa Maria, California, 230 South LaSalle Street, Chicago, Illinois 60690-1414: Board of Governors of the Federal Reserve 1. Daniel A. Hamann, Omaha, FEDERAL RESERVE SYSTEM System, July 14, 2003. Nebraska; Esther Hamann Brabec, Robert deV. Frierson, Formations of, Acquisitions by, and Omaha, Nebraska; and Julie Hamann Deputy Secretary of the Board. Mergers of Bank Holding Companies Bunderson, Elkhorn, Nebraska, both [FR Doc. 03–18214 Filed 7–17–03; 8:45 am] acting in concert and each individually The companies listed in this notice BILLING CODE 6210–01–S to acquire voting shares of Great have applied to the Board for approval, Western Bancorporation, Inc., Omaha, pursuant to the Bank Holding Company FEDERAL RESERVE SYSTEM Nebraska, and thereby indirectly acquire Act of 1956 (12 U.S.C. 1841 et seq.) voting shares of Great Western Bank, (BHC Act), Regulation Y (12 CFR Part Notice of Proposals to Engage in Watertown, South Dakota, and Great 225), and all other applicable statutes Western Bank, Clive, Iowa. Permissible Nonbanking Activities or and regulations to become a bank to Acquire Companies that are 2. Harry S. Coin, Moline, Illinois; to holding company and/or to acquire the acquire voting shares of Ambank Engaged in Permissible Nonbanking assets or the ownership of, control of, or Activities Holdings, Inc., Rock Island, Illinois, and the power to vote shares of a bank or thereby indirectly acquire voting shares bank holding company and all of the The companies listed in this notice of American Bank and Trust Company, banks and nonbanking companies have given notice under section 4 of the National Association, Davenport, Iowa. owned by the bank holding company, Bank Holding Company Act (12 U.S.C. Board of Governors of the Federal Reserve including the companies listed below. 1843) (BHC Act) and Regulation Y (12 System, July 14, 2003. The applications listed below, as well CFR Part 225) to engage de novo, or to Robert deV. Frierson, as other related filings required by the acquire or control voting securities or Deputy Secretary of the Board. Board, are available for immediate assets of a company, including the [FR Doc. 03–18215 Filed 7–17–03; 8:45 am] inspection at the Federal Reserve Bank companies listed below, that engages BILLING CODE 6210–01–S indicated. The application also will be either directly or through a subsidiary or available for inspection at the offices of other company, in a nonbanking activity the Board of Governors. Interested that is listed in § 225.28 of Regulation Y FEDERAL RESERVE SYSTEM persons may express their views in (12 CFR 225.28) or that the Board has writing on the standards enumerated in determined by Order to be closely Change in Bank Control Notices; the BHC Act (12 U.S.C. 1842(c)). If the related to banking and permissible for Acquisition of Shares of Bank or Bank proposal also involves the acquisition of bank holding companies. Unless Holding Companies a nonbanking company, the review also otherwise noted, these activities will be The notificants listed below have includes whether the acquisition of the conducted throughout the United States. applied under the Change in Bank nonbanking company complies with the Each notice is available for inspection Control Act (12 U.S.C. 1817(j)) and standards in section 4 of the BHC Act at the Federal Reserve Bank indicated. § 225.41 of the Board’s Regulation Y (12 (12 U.S.C. 1843). Unless otherwise The notice also will be available for CFR 225.41) to acquire a bank or bank noted, nonbanking activities will be inspection at the offices of the Board of holding company. The factors that are conducted throughout the United States. Governors. Interested persons may considered in acting on the notices are Additional information on all bank express their views in writing on the set forth in paragraph 7 of the Act (12 holding companies may be obtained question whether the proposal complies U.S.C. 1817(j)(7)). from the National Information Center with the standards of section 4 of the The notices are available for website at www.ffiec.gov/nic/. BHC Act. Additional information on all immediate inspection at the Federal Unless otherwise noted, comments bank holding companies may be Reserve Bank indicated. The notices regarding each of these applications obtained from the National Information also will be available for inspection at must be received at the Reserve Bank Center website at www.ffiec.gov/nic/. the office of the Board of Governors. indicated or the offices of the Board of Unless otherwise noted, comments Interested persons may express their Governors not later than August 11, regarding the applications must be views in writing to the Reserve Bank 2003. received at the Reserve Bank indicated indicated for that notice or to the offices A. Federal Reserve Bank of Chicago or the offices of the Board of Governors of the Board of Governors. Comments (Phillip Jackson, Applications Officer) not later than August 13, 2003. must be received not later than August 230 South LaSalle Street, Chicago, A. Federal Reserve Bank of Kansas 4, 2003. Illinois 60690-1414: City (James Hunter, Assistant Vice

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President) 925 Grand Avenue, Kansas Prevention Information Network programs for information, services, and City, Missouri 64198–0001: (formerly known as the National AIDS treatment. The American public can 1. Southwest Bancorp, Inc., Stillwater, Clearinghouse). This request is for a also access the NPIN Resources and Oklahoma; to acquire 100 percent of the three-year reinstatement of clearance. Services database through the NPIN voting shares of SNB Bank of Wichita, NCHSTP has the primary Web site. More than 12 million visits by Wichita, Kansas (in organization), and responsibility within the CDC and the the public to the Web site are recorded thereby engage in operating a savings U.S. Public Health Service for the annually. association, pursuant to section prevention and control of HIV infection, To accomplish CDC’s goal of 225.28(b)(4) of Regulation Y. sexually transmitted diseases (STDs), continuing efforts to maintain an up-to- and tuberculosis (TB), including Board of Governors of the Federal Reserve date, comprehensive database, NPIN community-based HIV prevention System, July 15, 2003. plans each year to add 100 newly activities and syphilis and TB Robert deV. Frierson, identified organizations and to verify elimination programs. To support Deputy Secretary of the Board. those organizations currently described NCHSTP’s mission and to link [FR Doc.03–18319 Filed 7–17–03; 8:45 am] in the NPIN Resources and Services Americans to prevention, education, BILLING CODE 6210–01–S Database each year. NPIN staff learn and care services, the CDC National about new organizations through Prevention Information Network (NPIN) exhibiting at health and professional serves as the U.S. reference, referral, and DEPARTMENT OF HEALTH AND meetings, searching the Internet, and distribution service for information on HUMAN SERVICES perusing newsletter announcements and HIV/AIDS, STDs, and TB. NPIN is a critical member of the network of press releases. Once a new organization Centers for Disease Control and is identified as providing HIV/AIDS, Prevention government agencies, community organizations, businesses, health STD or TB-related services, NPIN staff [30Day–52–03] professionals, educators, and human will mail the Resource Organization services providers that educate the Questionnaire along with a cover letter. Proposed Data Collections Submitted American public about the grave threat The purpose of the questionnaire is to for Public Comment and to public health posed by HIV/AIDS, gather information about the HIV/AIDS, Recommendations STDs, and TB, and provides services for STD or TB-related services available The Centers for Disease Control and persons infected with human from the organization, what geographic Prevention (CDC) publishes a list of immunodeficiency virus (HIV). area the organization serves, and the information collection requests under Established in 1988, the NPIN target audiences for these services. Each review by the Office of Management and Resources and Services Database organization will also receive a Budget (OMB) in compliance with the contains entries on approximately stamped, self-addressed envelope for Paperwork Reduction Act (44 U.S.C. 19,000 organizations and is the most the return of the questionnaire. Chapter 35). To request a copy of these comprehensive listing of HIV/AIDS, Organizations with access to the requests, call the CDC Reports Clearance STD and TB resources and services Internet, will be given the option to Officer at (404) 498–1210. Send written available throughout the country. This complete and submit an electronic comments to CDC, Desk Officer, Human database describes national, state and version of the questionnaire by visiting Resources and Housing Branch, New local organizations that provide services the CDC NPIN Web site. If NPIN Executive Office Building, Room 10235, related to HIV/AIDS, STDs, and TB such receives no response to the initial Washington, DC 20503 or by fax to (202) as counseling and testing, prevention, mailing of the questionnaire, a follow- 395–6974. Written comments should be education and support services. The up telephone call will be made to the received within 30 days of this notice. NPIN reference staff rely on the organization requesting them to Proposed Project: Resources and Resources and Services Database to complete and return the questionnaire. Services Database on CDC National respond to nearly 63,000 requests each As part of the verification process for Prevention Information Network (OMB year for information or referral from the Resources and Services Database, 40 Control No. 0920–0255)—Reinstatement community based organizations, state percent of the organizations will receive with change—National Center for HIV, and local health departments, and a copy of their current database entry by STD, and TB Prevention (NCHSTP), health professionals working in HIV/ electronic mail, including a cover letter Centers for Disease Control and AIDS, STD and TB prevention. The CDC and a list of instructions. The remaining Prevention (CDC). CDC is requesting National AIDS and STD Hotline staff 60 percent will receive a telephone call OMB approval to reinstate, with change, also use the NPIN Resources and to review their database record. The the data collection for the Resources and Services Database to refer approximately annual burden for this data collection is Services Database for the CDC National one million callers yearly to local 3,858 hours.

Number of re- Avg. burden/ Survey Number of sponses/ response (in respondents respondent hours)

Questionnaire Resource Organization ...... 100 1 30/60 Questionnaire Telephone Follow-up ...... 33 1 15/60 Email Verification ...... 7,600 1 15/60 Telephone verification ...... 11,400 1 10/60

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Dated: July 11, 2003. requests, call the CDC Reports Clearance distribute after import, live bats. The Thomas A. Bartenfeld, Officer at (404) 498–1210. Send written second form is a new form for this Acting Associate Director for Policy, Planning comments to CDC, Desk Officer, Human information collection. and Evaluation, Centers for Disease Control Resources and Housing Branch, New Interstate transportation of etiologic and Prevention. Executive Office Building, Room 10235, agents are regulated by 42 CFR Part 72. [FR Doc. 03–18222 Filed 7–17–03; 8:45 am] Washington, DC 20503 or by fax to (202) This regulation establishes minimal BILLING CODE 4163–18–P 395–6974. Written comments should be packaging requirements for all viable received within 30 days of this notice. micro-organisms, illustrates the Proposed Project: Importation and appropriate shipping label, and DEPARTMENT OF HEALTH AND Transport of Etiologic Agents (42 CFR provides reporting instructions HUMAN SERVICES 71.54 and Part 72) (OMB Control No. regarding damaged packages and failure Centers for Disease Control and 0920–0199)—Revision—Office of the to receive a shipment. Prevention Director (OD), Centers for Disease This request is for the information Control and Prevention (CDC). The collection requirements contained in 42 [30Day–54–03] importation of etiological agents, hosts, CFR 71.54, 72.3(e), 72.3(f), and 72.4 and vectors of human disease are which relate to the importation and Proposed Data Collections Submitted regulated by 42 CFR 71.54 and requires transportation of etiologic agents. for Public Comment and that the importation of such materials Respondents include laboratory Recommendations must be accompanied by a permit facilities such as those operated by The Centers for Disease Control and issued by the CDC. To carry out this government agencies, universities, Prevention (CDC) publishes a list of provision, CDC has developed two research institutions, and commercial information collection requests under forms for application for permit. One entities. The only cost to respondents is review by the Office of Management and form is used to apply for a permit to their time to complete the application Budget (OMB) in compliance with the import or distribute after importation, for permit to import form and report Paperwork Reduction Act (44 U.S.C. etiologic agents. A second form is used problems with shipment of etiologic Chapter 35). To request a copy of these to apply for a permit to import or agents.

Number of Avg. burden per CFR section Number of responses per response respondents respondent (in hrs.)

72.54 Application Permit for Etiologic Agents ...... 2,340 1 20/60 72.54 Application Permit for Live Bats ...... 60 1 20/60 72.3(e) Damaged Package ...... 50 1 6/60 72.3(f) Shipping Requirement ...... 200 10 12/60 72.4 Failure to Receive ...... 2 1 12/60

Dated: July 11, 2003. instruments, call the CDC Reports Centers for Disease Control and Thomas A. Bartenfeld, Clearance Officer on (404) 498–1210. Prevention (CDC). Acting Associate Director for Policy, Planning Comments are invited on: (a) Whether Background and brief description of and Evaluation, Centers for Disease Control the proposed collection of information the proposed project: Colorectal cancer and Prevention. is the second leading cause of cancer- is necessary for the proper performance related deaths in the United States. [FR Doc. 03–18223 Filed 7–17–03; 8:45 am] of the functions of the agency, including Routine colorectal cancer screening is BILLING CODE 4163–18–P whether the information shall have recommended for all men and women practical utility; (b) the accuracy of the age 50 years and older. Many screening agency’s estimate of the burden of the DEPARTMENT OF HEALTH AND tests are widely available (e.g., fecal proposed collection of information; (c) HUMAN SERVICES occult blood test, flexible ways to enhance the quality, utility, and sigmoidoscopy, colonoscopy), and all clarity of the information to be Centers for Disease Control and have been shown to be effective in collected; and (d) ways to minimize the Prevention reducing colorectal cancer mortality. burden of the collection of information Despite their effectiveness, colorectal [60Day–03–98] on respondents, including through the cancer screening by any modality use of automated collection techniques Proposed Data Collections Submitted remains low. Some reasons attributed to or other forms of information the low screening rates include limited for Public Comment and technology. Send comments to Anne Recommendations public awareness of colorectal cancer O’Connor, CDC Assistant Reports and the benefits of screening, failure of In compliance with the requirement Clearance Officer, 1600 Clifton Road, health care providers to recommend of section 3506(c)(2)(A) of the MS–D24, Atlanta, GA 30333. Written screening to patients, and inefficient Paperwork Reduction Act of 1995 for comments should be received within 60 surveillance and support systems in opportunity for public comment on days of this notice. many health care settings. The purpose proposed data collection projects, the Proposed Project of this project is to evaluate a multi- Centers for Disease Control and component intervention to increase Prevention (CDC) will publish periodic Evaluation of an intervention to colorectal cancer screening among summaries of proposed projects. To increase colorectal cancer screening in average-risk men and women in primary request more information on the primary care clinics—New—National care clinics. proposed projects or to obtain a copy of Center for Chronic Disease Prevention The proposed study will consist of the data collection plans and and Health Promotion (NCCDPHP), three tasks. In Task 1, 196 primary care

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clinicians will complete a survey services; colorectal cancer screening colorectal cancer screening; and social assessing demographics; opinions about training and practices; colorectal cancer support. preventive services; colorectal cancer screening beliefs, facilitators, and The survey will be administered to screening training and practices; barriers; and satisfaction with colorectal 4,396 patients pre-intervention colorectal cancer screening beliefs, cancer screening. The survey will be (consisting of 3,276 patients surveyed facilitators, and barriers; and administered to clinic support staff pre- only at baseline and 1,120 patients satisfaction with colorectal cancer and post-intervention. In Task 3, clinic screening. The survey will be patients will complete a survey surveyed at baseline and follow-up) and administered to clinicians pre- and post- assessing demographics; health status; 4,200 patients post-intervention intervention. In Task 2, 196 clinic previous colorectal cancer screening (consisting of 1,120 patients surveyed at support staff will complete a survey and other preventive services received; baseline and follow-up and 3,080 assessing demographics; work-related colorectal cancer knowledge and patients surveyed only at follow-up). duties; opinions about preventive opinions about colorectal cancer and There are no costs to the respondents.

Average No. of No. of burden per Total burden Respondents respondents responses per response (in hrs.) respondent (in hrs.)

Clinicians ...... 196 2 30/60 196 Clinic support staff ...... 196 2 25/60 163 Patients surveyed only at baseline ...... 3276 1 20/60 1,092 Patients surveyed at baseline and follow-up ...... 1120 2 20/60 747 Patients surveyed only at follow-up ...... 3080 1 20/60 1,027

Total ...... 3,225

Dated: July 14, 2003. clarity of the information to be Priorities List. In 1982, periodic Thomas A. Bartenfeld, collected; and (d) ways to minimize the sampling of drinking water sources Acting Associate Director for Policy, Planning burden of the collection of information began at Camp Lejeune to comply with and Evaluation, Centers for Disease Control on respondents, including through the regulations of the national Safe Drinking and Prevention. use of automated collection techniques Water Act. The sample results showed [FR Doc. 03–18224 Filed 7–17–03; 8:45 am] or other forms of information that the drinking water supplied to BILLING CODE 4163–18–P technology. Send comments to Seleda some of the base housing units was Perryman, CDC Assistant Reports contaminated with volatile organic Clearance Officer, 1600 Clifton Road, compounds (VOCs). The specific DEPARTMENT OF HEALTH AND MS–D24, Atlanta, GA 30333. Written chemicals of concern were HUMAN SERVICES comments should be received within 60 trichloroethylene (TCE), days of this notice. tetrachloroethylene (or Centers for Disease Control and perchloroethylene) (PCE), Prevention Proposed Project dichloroethylene, and methylene [60Day–03–97] Exposure to Volatile Organic chloride. These chemicals are used as Compounds in Drinking Water and solvents to clean machinery and Proposed Data Collections Submitted Specific Birth Defects and Childhood weapons and in dry cleaning operations. for Public Comment and Cancers at United States Marine Corps A 1997 ATSDR public health Recommendations Base Camp Lejeune, North Carolina— assessment (PHA) of the base New—The Agency for Toxic Substances recommended that an epidemiological In compliance with the requirement and Disease Registry (ATSDR). study be considered to determine if of section 3506(c)(2)(A) of the ATSDR is mandated pursuant to the mothers exposed to VOCs in drinking Paperwork Reduction Act of 1995 for 1980 Comprehensive Environmental water during their pregnancies were at opportunity for public comment on Response, Compensation, and Liability higher risk of giving birth to a child proposed data collection projects, the Act (CERCLA) and its 1986 with health problems such as a birth Centers for Disease Control and Amendments, the Superfund defect or a childhood cancer. ATSDR’s Prevention (CDC) will publish periodic Amendments and Re-authorization Act initial response to the PHA summaries of proposed projects. To (SARA), to prevent or mitigate adverse recommendation was to conduct a study request more information on the human health effects and diminished at Camp Lejeune to evaluate whether proposed projects or to obtain a copy of quality of life resulting from exposure to mothers who were exposed to the the data collection plans and hazardous substances in the contaminated drinking water during instruments, call the CDC Reports environment. ATSDR plans activities to pregnancy were at higher risk of having Clearance Officer on (404) 498–1210. address these issues which include a child which was ‘‘small for gestational Comments are invited on: (a) Whether conducting health studies at sites on the age’’ (i.e., an infant weighing less than the proposed collection of information Environmental Protection Agency’s the 10th percentile based on published is necessary for the proper performance (EPA) National Priorities List (NPL) to sex-specific growth curves). This study of the functions of the agency, including determine whether and to what degree was completed in 1998 and found an whether the information shall have exposure to hazardous substances at association between mothers’ exposures practical utility; (b) the accuracy of the these sites are harmful to human health. to the contaminated drinking water agency’s estimate of the burden of the The United States Marine Corps Base during pregnancy and small for proposed collection of information; (c) Camp Lejeune, North Carolina, is one of gestational age infants. The association ways to enhance the quality, utility, and the federal facilities on EPA’s National between birth defects and drinking

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water contaminated with TCE or PCE contacted for future studies. include a control sample of children could not be reasonably evaluated in the Additionally, many survey participants who did not have a birth defect or a 1998 study because of extreme under- have telephoned ATSDR to request the childhood cancer and whose mothers ascertainment of cases using data from results of the survey and inquire about lived at Camp Lejeune during their birth certificates. future studies. pregnancy over the period 1968–1985. In response to the PHA The overall objective of the proposed The study plans to enroll 100 cases and recommendation, ATSDR began the case-control study is to examine 500 controls over the course of one year. multi-step process of determining the whether there is an association between The epidemiological study will require appropriateness of conducting an maternal exposures during pregnancy to the computer modeling of the drinking epidemiological study of specific TCE and PCE in drinking water at Camp water system at Camp Lejeune over the childhood cancers and birth defects at Lejeune during the period of 1968–1985 period 1968–1985 in order to determine Camp Lejeune. Based on the scientific and the risk of specific birth defects as accurately as possible which mothers literature, ATSDR decided to focus on (spina bifida, anencephaly, cleft lip and were exposed to the VOCs in the specific childhood cancers and birth cleft palate) and childhood cancers drinking water during their pregnancy defects: Childhood leukemia, childhood (childhood leukemia and Non- and which mothers were not exposed non-Hodgkin’s lymphoma, spina bifida, Hodgkin’s Lymphoma) in offspring. during their pregnancy. anencephaly, cleft lip and cleft palate. ATSDR is in the process of verifying ATSDR conducted a survey in 1999– that the child had the birth defect or To reduce the amount of time 2002 (OMB No. 0923–0023) to identify childhood cancer reported by the required by the respondents, Computer all cases of the specific birth defects and parents in the survey. The parents of the Assisted Telephone Interviews (CATI) childhood cancers. About an 80 percent children with possible birth defects or will be conducted. Following participation rate was achieved among childhood cancers of concern were completion of all respondent interviews, the approximately 16,000 to 17,000 contacted and asked to sign a medical the data will be tabulated and analyzed births that occurred among women who records release form so that ATSDR (the case group will be compared with were pregnant while living at Camp could gain access to the medical records the control group). Because only a very Lejeune during the study period 1968– for their children. If the child had small number of studies have looked at 1985. These years were chosen because reached 18 years of age, he or she was the risk of birth defects and childhood 1968 is the first year that birth contacted and asked to sign a medical cancers among children born to mothers certificates were computerized in North records release form. exposed during pregnancy to VOCs in Carolina, and 1985 is the last year that Once the review of medical records is drinking water, the proposed study will VOC contamination was detected at the complete, the final step is to conduct an aid in developing or contributing to base. All of the participants who took epidemiological study that includes all generalizable knowledge. part in the Camp Lejeune Survey in the cases of birth defects and childhood Other than their time to participate, 1999–2002 gave permission to be cancers of concern. The study will also there is no cost to the respondents.

Number of Average burden Respondents Number of responses per per response (in Total burden (in respondents respondent hrs.) hrs.)

Cases ...... 100 1 45/60 75 Controls ...... 500 1 45/60 375

Total ...... 450

Dated: July 14, 2003. to fund fiscal year (FY) 2003 funds for • UVRI is a government agency Thomas A. Bartenfeld, a cooperative agreement program to within the Uganda Ministry of Health. It Acting Associate Director for Policy, Planning evaluate the effectiveness and safety of is the principal agency tasked with and Evaluation, Centers for Disease Control Gentamicin and other antibiotics for the surveillance, research, and control of and Prevention. treatment of human plague, to evaluate infectious diseases such as plague. [FR Doc. 03–18225 Filed 7–17–03; 8:45 am] newly available rapid dipstick tests for • UVRI is responsible for carrying out BILLING CODE 4163–18–P diagnosis of human plague, and to all national surveillance and prevention develop a long-term collaboration programs for plague, as well as between the CDC and Uganda Health organizing community awareness DEPARTMENT OF HEALTH AND Authorities in the area of plague programs, health education, and HUMAN SERVICES research and prevention. The Catalog of education of medical professionals on Federal Domestic Assistance number for plague. Centers for Disease Control and this program is 93.283. • UVRI has established collaborations Prevention B. Eligible Applicant with the District Health Authorities, [Program Announcement 03158] individual physicians and healthcare Assistance will be provided only to workers in plague-endemic areas. They Cooperative Agreement for Plague the Uganda Virus Research Institute. No currently maintain a laboratory facility Clinical Trials With The Uganda Virus other applications are solicited. UVRI is in the West Nile Region of Uganda, Research Institute; Notice of Intent To the most appropriate and qualified which is endemic for plague. Fund Single Eligibility Award agency to conduct the activities • UVRI is the only organization that specified under this cooperative has the existing laboratory capacity to A. Purpose agreement for the following reasons: carry out large-scale national public The Centers for Disease Control and • CDC Uganda is located at the UVRI health interventions and to conduct Prevention (CDC) announces the intent facility. plague research. They have the required

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field experience and demonstrated DEPARTMENT OF HEALTH AND This project will fund the formation capacity in areas directly related to all HUMAN SERVICES of coalitions of tribal health principal objectives of this proposed departments, tribal injury prevention program: (1) Identification of cases of Centers for Disease Control and programs, law enforcement, and tribal plague through clinic-based surveillance Prevention transportation and traffic safety in areas with a high incidence of plague; [Program Announcement 04015] agencies. These coalitions will work (2) systematically evaluate optimal with other community groups, treatment regimens while ensuring Effective Strategies to Reduce Motor organizations, state agencies, and the patient safety; (3) evaluate the Vehicle Injuries Among American Indian Health Service (IHS) to design/ tailor, implement, and evaluate at least performance of newly available rapid Indians/Alaska Natives; Notice of two selected interventions. tests for the diagnosis of plague under Availability of Funds Collaborations may include schools, field conditions, and (4) confirm the Application Deadline: October 16, youth organizations, safety advocates, diagnosis of suspected plague using 2003. local media, health care providers, state of the art laboratory techniques. A. Authority and Catalog of Federal academic researchers, IHS staff, state • UVRI has a history of successful Domestic Assistance Number traffic safety agencies and social service collaborations with CDC on large and agencies, among others. This program is authorized under 391, complicated health research projects, Measurable outcomes of the program 317 and 301 of the Public Health particularly in the areas of HIV/AIDS will be in alignment with one or more Service Act [42 U.S.C. 280b, 247b, and of the following performance goals for and vector-borne infectious diseases 241]. The Catalog of Federal Domestic over the years. the National Center for Injury Assistance number is 93.136. Prevention and Control (NCIPC): (1) C. Funding B. Purpose Increase the capacity of injury prevention and control programs to Approximately $150,000 is available The Centers for Disease Control and address the prevention of injuries and in FY 2003 to fund this award. It is Prevention (CDC) announces the violence; and (2) monitor and detect expected that the award will begin on or availability of fiscal year (FY) 2004 fatal and non-fatal injuries. In addition before August 1, and will be made for funds for a cooperative agreement applicants should address the following a 12-month budget period within a program to develop, implement, and research priorities in transportation project period of up to five years. evaluate community-based safety from the NCIPC Research Agenda: Funding estimates may change. interventions with demonstrated (1) Evaluate strategies to implement effectiveness to reduce motor vehicle- known, effective interventions to reduce D. Where To Obtain Additional related injuries among American alcohol-impaired driving and test the Information Indians and Alaska Natives (also effectiveness of new, innovative referred to as Native Americans). This For general comments or questions strategies; (2) develop and evaluate program addresses the ‘‘Healthy People interventions that address the proper about this announcement, contact: 2010’’ focus area of Injury and Violence Technical Information Management, and consistent use of measures to Prevention. protect child occupants in motor CDC Procurement and Grants Office, The purpose of the program is to vehicles; and (3) develop and evaluate 2920 Brandywine Road, Atlanta, GA design/tailor, implement, and evaluate interventions to increase the use of 30341–4146, Telephone: 770–488–2700. Native American community-based occupant protection devices, such as For technical questions about this interventions with demonstrated seat belts, in high-risk and hard-to-reach program, contact: Jacob Kool, MD, effectiveness for preventing motor populations. Ph.D., Division of Vector-Borne vehicle injuries within the following The CDC report, ‘‘Motor-Vehicle Infectious Diseases, National Center for areas: (1) Strategies to reduce alcohol- Occupant Injury: Strategies for Infectious Diseases, Centers for Disease impaired driving among high risk increasing use of child safety seats, groups; (2) strategies to increase safety Control and Prevention, Rampart Road increasing use of safety belts, and belt use among low-use groups; and (3) (Foothills Campus), Fort Collins, CO reducing alcohol-impaired driving: a strategies to increase the use of child 80521, Telephone: 970–266–3540, E- report on recommendations of the Task safety seats and booster seats among low mail: [email protected]. Force on Community Preventive use groups. (see Attachment 1 for Services,’’ may be useful in Dated: July 11, 2003. additional background) understanding these effective strategies Edward Schultz, In addition, the program should and in preparing applications. The Acting Director, Procurement and Grants gather information on the process of report can be found on the CDC Web Office, Centers for Disease Control and implementing and evaluating these site at: www.cdc.gov/mmwr/pdf/rr/5007. Prevention. strategies, including any challenges and C. Eligible Applicants [FR Doc. 03–18241 Filed 7–17–03; 8:45 am] barriers for tribes. An overriding intent of this funding is to assist tribes in Any federally recognized American BILLING CODE 4163–18–P designing/tailoring (as well as Indian/Alaska Native tribe or tribal implementing and evaluating) these organization is eligible to apply for evidence-based effective strategies in these cooperative agreements. programs, which take into consideration Applicants may include tribal injury the unique culture of American Indians prevention programs, tribal health and Alaska Natives. departments, groups of tribes, and Note: Attachments are posted with the others. Tribes and tribal organizations Program Announcement at the CDC web site, must have a minimum population size Internet address: http://www.cdc.gov. Click of 2,500 people, or serve 2,500 on ‘‘Funding,’’ then ‘‘Grants and Cooperative American Indian or Alaska Native Agreements’. people in order to be eligible to apply.

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The 2,500 minimum population size is consultants, salary for a project roving patrols if checkpoints are not needed in order to be able to coordinator, etc. feasible); develop a strategy for demonstrate effectiveness of the publicizing the enhanced enforcement Recipient Financial Participation program. A signed and dated tribal efforts through earned media (e.g., news council resolution in support of the Matching funds are not required for stories) and/or paid media. tribal motor vehicle injury prevention this program. 6. Distribution and education program is required. For the Navajo Funding Preferences programs to increase child safety seat Nation, where getting a tribal resolution and booster seat use. Key components of signed is often difficult, signed Applicants will be expected to the intervention include: distribution of resolutions from a local governing body, implement and evaluate at least two child safety seats and/or booster seats such as a Chapter House, will be community-based interventions with among low use groups, and education acceptable for the intent to participate. demonstrated effectiveness during the on appropriate use. four-year project period. Preference will Those tribes that cannot get a resolution E. Program Requirements signed in time to meet the deadline be given to applicants who propose should submit a draft of the resolution implementing one or more community- In conducting activities to achieve the in the appendix. A signed resolution based interventions from the list below. purpose of this program, the recipient from the tribe will be required prior to This list contains interventions that will be responsible for the activities award if selected. have strong evidence of effectiveness listed in 1. Recipient Activities, and according to ‘‘The Guide to Community American Indians/Alaska Natives CDC will be responsible for the Preventive Services’’ have the highest motor vehicle-related activities listed in 2. CDC Activities. (www.thecommunityguide.org) (see death rates of all racial and ethnic Attachment 2). If applicants propose 1. Recipient Activities groups (Web-based Injury Statistics strategies that are not on the list below, a. Develop a motor vehicle injury Query and Reporting System then they must summarize and cite the prevention program in the recipient’s (WISQARS, NCIPC, CDC)), with rates evidence of effectiveness (see tribal health department to enhance two-three times greater than rates for all Attachment 2): opportunities for the motor vehicle other Americans (Indian Health Focus, 1. Sobriety checkpoints to reduce injury prevention program to collaborate Injuries 1998–99; Indian Health Service, alcohol-impaired driving. Key with other tribal public health 2002). These funds are targeted to components of the intervention: officer programs. If this is not practical, then American Indians/Alaska Natives in training in appropriate practices; state the reason why the tribal motor order to help reduce this disparity. implement or increase the frequency of vehicle program will not be located in Note: Title 2 of the United States Code sobriety checkpoints (or roving patrols if the health department. section 1611 states that an organization checkpoints are not feasible); develop a b. Provide a coordinator who has the described in section 501(c)(4) of the Internal strategy for publicizing checkpoints authority, responsibility, and expertise Revenue Code that engages in lobbying through media such as news stories to conduct and manage the tribal motor activities is not eligible to receive Federal and/or paid media. vehicle injury prevention program. funds constituting an award, grant or loan. 2. Efforts to lower blood alcohol c. Establish the coalition or advisory concentrations among drivers (e.g., .08 group that will help tailor, implement, D. Funding blood alcohol content (BAC) or below). and evaluate the selected interventions. Availability of Funds Key components: Publicize the BAC This group may consist of public and limit and work with tribal (or Bureau of private individuals, medical staff, Approximately $186,000 is available Indian Affairs) police to communicate Emergency Management Service staff, in FY 2004 to fund three awards. It is the importance of the law and ensure injury prevention experts, academic expected that the average award will be active enforcement. researchers, organizations, State and about $62,000. It is expected that the 3. Efforts to enforce lower blood Federal agencies. At a minimum, the awards will begin on or about January alcohol content (e.g., .02 BAC) for young coalition must include the recipient 2004, and will be made for a 12-month drivers. Key components: Publicize the tribal health department or organization, budget period within a project period of BAC limit, importance of a low BAC for local highway safety department up to four years. Funding estimates may young drivers to prevent crashes, and representative, local law enforcement, change. enforcement efforts in local media; work IHS Injury Prevention Specialists (state Continuation awards within an with tribal (or Bureau of Indian Affairs) reason if not available), and others approved project period will be made police to actively enforce the law. interested in traffic safety. Applicants on the basis of satisfactory progress as 4. Efforts to enforce existing safety are encouraged to work with existing evidenced by required reports and the belt and child occupant restraint laws. programs, such as ‘‘Safe Communities,’’ availability of funds. Key components: Work with local or with coalitions such as ‘‘SAFE Use of Funds police to understand the importance of KIDS.’’ enforcing the use of occupant restraints, d. At least one of the intervention The intent of this funding is not to and the effectiveness of safety belts and choices should include working with support existing activities. The recipient child restraints in preventing injuries local police departments to conduct should provide evidence that there is an during a crash. enforcement activities regarding unmet need in their community for 5. Enhanced enforcement campaigns occupant restraint use, or alcohol- these interventions. This can be done by (such as Click It or Ticket-style impaired driving. describing the target groups for the campaigns) to increase safety belt use or e. Collect or obtain and analyze selected interventions and documenting child occupant restraint use. Key baseline data that will guide the the size of the problem. Examples of components of the intervention include: planning process and serve as the pre- approved funding uses include police implement or increase the frequency of intervention measures of effectiveness overtime pay for sobriety checkpoints citations for violations of the law; (e.g., number of alcohol-related crashes; and enhanced enforcement, media and implement or increase safety belt or number of impaired driving arrests and awareness activities, evaluation child occupant restraint checkpoints (or convictions; conduct observational

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surveys to determine safety belt use, surveys of safety belt use); evaluating than 20 pages, double-spaced, printed booster seat use, or child restraint use). perceptions of stakeholders regarding on one side of standard size 8.5-inch × f. If the recipient proposes to barriers to implementation and 11-inch paper with consecutively implement enhanced enforcement perceived benefits of the intervention; numbered pages, with 1.5 inch-left, 1 campaigns to increase safety belt use or and developing a detailed plan for inch-top, bottom, and right margins, and child safety seat use, the recipient must implementing and evaluating two or unreduced 12-point font. The applicant first determine baseline use rates for more interventions. should provide a detailed description of safety belts, child safety seats, or booster n. Noncompetitive continuation first-year activities and briefly describe seats. At a minimum, a comparison of funding will be available for the second future year objectives and activities for observed use rates determined from year, contingent upon successful years two, three, and four. observational surveys in the progress in year one, and a detailed The narrative should consist of, at intervention communities before and budget for implementing and evaluating minimum: after implementation of the intervention the selected interventions. Years two- 1. Applicant’s Organization History, activities will be necessary for four will be dedicated to implementing, Description and Capacity evaluation purposes. The recipient sustaining, and evaluating the selected 2. Applicant’s Plan for Designing/ would also need to determine baseline interventions. The evaluation should Tailoring, Implementing, and Evaluating police citations given before and during include information regarding any the Selected Interventions the enhanced enforcement activities. barriers that were encountered in 3. Applicant’s Management and g. If the recipient proposes to implementing the interventions. Staffing implement sobriety checkpoints to 4. A Plan for Collaboration reduce alcohol-impaired driving, the 2. CDC Activities 5. Measures of Effectiveness recipient must first determine rates of a. Provide technical assistance, 6. First Year Budget alcohol-impaired driving using training, and guidance in the design/ G. Submission and Deadline appropriate survey methods before tailoring, implementation, and implementation of the intervention. evaluation of the selected interventions. Application Forms Acceptable methods include direct This will be done early in the first year Submit the signed original and two assessment of driver BAC levels in of funding with CDC conducting an copies of PHS 5161–1 (OMB Number roadside surveys; determining the initial training and planning meeting 0920–0428). Forms are available at the number of single-vehicle nighttime fatal with all grantees. following Internet address: crashes; or determining all nighttime b. Review, provide feedback, and www.cdc.gov/od/pgo/forminfo.htm. fatal crashes before the checkpoint approve plans for the design/tailoring, If you do not have access to the campaign. implementation, and evaluation of the Internet, or if you have difficulty h. Analyze existing data to define the selected interventions. accessing the forms on-line, you may magnitude of the motor vehicle injury c. Conduct regular conference calls contact the CDC Procurement and problem within the Native American and annual site visits to provide Grants Office Technical Information target population, including those at training, technical assistance, and Management Section (PGO–TIM) at: greatest risk. Potential data sources monitoring of the tribal motor vehicle 770–488–2700. Application forms can include hospital discharge data, clinic injury program. be mailed to you. and emergency department data, police d. Assist in developing a research Submission Date, Time, and Address reports, and State Department of protocol for annual Institutional Review Transportation reports. Board (IRB) review by all cooperating The application must be received by i. Develop a detailed plan for the institutions participating in the project. 4 p.m. Eastern Time October 16, 2003. tailoring of the intervention for their The CDC IRB will review and approve Submit the application to: Technical community, implementation, and the protocol initially and on at least an Information Management-PA# 04015, evaluation of the selected evidence- annual basis until the project, including CDC Procurement and Grants Office, based interventions to reduce motor analyses, is completed. 2920 Brandywine Road, Atlanta, GA vehicle-related injuries. This would e. Assist in ensuring human subjects 30341–4146. include specific process, impact, and assurances are in place as needed. Applications may not be submitted outcome objectives and action steps to f. Assist in analysis and dissemination electronically. accomplish each. Obtain approval for of results including the preparation of CDC Acknowledgement of Application the plan from the coalition, and present manuscripts, as needed. Receipt the plan to CDC for approval. g. Organize an annual grantee meeting A postcard will be mailed by PGO– j. Implement, sustain, and rigorously to provide technical assistance, training, TIM, notifying you that CDC has evaluate the selected interventions. facilitate communication, and assist received your application. k. Attend and participate in with program planning and evaluation. conference calls and technical Deadline assistance and planning meetings F. Content Applications shall be considered as coordinated by the CDC for all tribal Applications cooperative agreement recipients (one meeting the deadline if they are meeting per year in Atlanta; two days The Program Announcement title and received before 4 p.m. Eastern Time on per meeting). number must appear in the application. the deadline date. Any applicant who l. Submit required reports on time. Use the information in the Program sends their application by the United m. The first year of the cooperative Requirements, Other Requirements, and States Postal Service or commercial agreement will include several Evaluation Criteria sections to develop delivery services must ensure that the activities: establishing the coalition; the application content. Your carrier will be able to guarantee delivery collecting and analyzing baseline data application will be evaluated on the of the application by the closing date (e.g., alcohol-related crashes, driving criteria listed, so it is important to and time. If an application is received under the influence (DUI) arrests and follow them in laying out your program after closing due to (1) carrier error, convictions, conducting observational plan. The narrative should be no more when the carrier accepted the package

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with a guarantee for delivery by the d. A description of the process used g. Their organizational capacity to closing date and time, or (2) significant in selecting the interventions to be meet the objectives of the cooperative weather delays or natural disasters, CDC implemented. agreement. will upon receipt of proper e. A description of the process to be h. The extent to which the applicant documentation, consider the application used in preparing the detailed plan for has shown tribal or organizational as having been received by the deadline. implementing and evaluating the support for the proposed motor vehicle Any application that does not meet selected interventions. injury prevention program. the above criteria will not be eligible for f. Evidence of a partnership with an 3. Applicant’s Management and Staffing competition, and will be discarded. The academic institution or expert (20 points) applicant will be notified of their failure evaluation consultant to provide The extent to which the applicant has to meet the submission requirements. expertise and technical assistance in the included: H. Evaluation Criteria design and implementation of the a. Their management operation, evaluation plan. Evaluation is important Application structure and/or organization. An to these cooperative agreements, so it is organizational chart of the applicant’s Applicants are required to provide recommended that approximately 15 organization should be included as an measures of effectiveness that will percent of project resources be devoted appendix. Additionally, the applicant demonstrate the accomplishment of the to evaluation activities. Letters of should include within their various identified objectives of the support or agreement should be management plan the specific role and cooperative agreement. Measures of included in the appendix. mechanisms to be established to ensure effectiveness must relate to the g. Initial plans to evaluate the effective coordination, communication performance goals stated in the purpose interventions including measures of and shared decision making among the section of this announcement. Measures effectiveness that will demonstrate the involved agencies/organizations. must be objective and quantitative and accomplishment of the identified b. A staffing plan for the project, must measure the intended outcome. objectives of the cooperative agreement. noting existing staff as well as These measures of effectiveness must be Measures should be objective/ additional staffing needs. The submitted with the application and will quantifiable and measure the intended responsibilities of individual staff be an element of evaluation. Examples outcome. Describe how the academic members including the level of effort include: conducting observational institution or evaluation consultant will and allocation of time for each project surveys before and after the intervention be involved in the evaluation activities. activity by staff position should be to determine any change in occupant h. Plans to train and support staff included. The specific staff positions restraint use and over time; changes in regarding the responsibilities of this within the other involved tribal or local citations and convictions given for not cooperative agreement and the agencies, both in-kind and funded, using seat belts or child safety seats pre- availability of staff and facilities to carry should be described. intervention, post-intervention, and out this cooperative agreement. c. Resumes and/or position over time; changes in citations and descriptions (i.e. for current staff, in- convictions given for DUI pre- 2. Applicant Organization History, Description and Capacity (25 points) kind, and proposed positions to be intervention, post-intervention, and funded under this cooperative over time; changes in alcohol-related The extent to which the applicant has agreement) should be included as an crashes or single vehicle nighttime fatal documented: appendix. This should include the use crashes pre-intervention, post- a. A description of the target of consultants, as appropriate. intervention, and over time. population to be served, and proof of a d. A continuation plan in the event An independent review group minimum reservation or tribal that key staff leave the project, how new appointed by CDC will evaluate each population size of 2,500. staff will be smoothly integrated into the application individually against the b. An overview of the tribe’s motor project, and assurances that resources following criteria: vehicle injury problem. will be available when needed for this 1. Applicant’s Plan for Designing/ c. An inventory of existing tribal project. Tailoring, Implementing, and Evaluating traffic safety laws for seat belt use, child 4. Collaboration (20 Points) the Selected Interventions (35 points) restraint use, and alcohol impaired The extent to which the applicant driving. The extent to which the applicant’s demonstrates: work plan and timetable includes: d. Their history and current capacity a. Experience with working with a. The identification of to provide a leadership function in community leaders, tribal health boards, representatives to be named as members convening and facilitating the work of tribal councils, local police of the coalition, including a description the coalition. departments, and community-level of the areas of expertise covered by e. Evidence of prior experience in groups. each; the specific roles and designing/tailoring, implementing, and b. Evidence of effective and well- responsibilities of each in implementing where possible, evaluating community- defined collaborative relationships this cooperative agreement; etc. based interventions. This evidence will within the performing organization and b. A reasonable and complete be stronger if some type of among the coalition members that will schedule/timeline for implementing all documentation is included such as ensure implementation of the proposed first year activities with action steps and publications from journal articles or activities. Model collaborations should persons responsible. A brief description technical reports in the appendix of the include at least a tribal Health of future year objectives and activities application. Department or organization, local law for years two through four. f. The description of positive progress enforcement, IHS Injury Prevention c. Plans for collecting or obtaining in any related past or current injury staff, and a tribal traffic safety agency (if and analyzing baseline (pre- prevention activities or programs. available). Letters of support from these intervention) and follow-up data for the Evidence of access to the target collaborating organizations describing measures of effectiveness. populations. the specific commitments and

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responsibilities that will be undertaken reports to the Grants Management DEPARTMENT OF HEALTH AND by the coalition members and Specialist identified in the ‘‘Where to HUMAN SERVICES community organizations should be Obtain Additional Information’’ section included in the appendix. of this announcement. Centers for Disease Control and Prevention 5. Proposed Budget Justification Additional Requirements (Reviewed, but not scored) [Program Announcement 03189] The following additional The extent to which the applicant’s requirements are applicable to this Blindness and Vision Loss Prevention budget includes funds to participate in program. For a complete description of Program; Notice of Availability of the CDC required meetings (at least one each, see Attachment III of the program Funds person, such as the Project Coordinator, announcement, as posted on the CDC must attend one meeting per year in Web site. Application Deadline: August 18, Atlanta to last for two days). The 2003. AR–1 Human Subjects Requirements applicant should provide a detailed AR–7 Executive Order 12372 Review A. Authority and Catalog of Federal budget request and complete line-item Domestic Assistance Number justification of all proposed operating AR–8 Public Health System Reporting expenses consistent with the stated Requirements This program is authorized under activities under this program AR–9 Paperwork Reduction Act section 301 (a) and 317(k)(2) of the announcement. Applicants should be Requirements Public Health Service Act, 317H of the precise about the purpose of each AR–10 Smoke-Free Workplace Public Health Service Act 42 U.S.C. 247 budget item and should itemize Requirements (b)(9), and section 301(a) of the Public Health Service Act, 42 U.S.C. 241(a) and calculations wherever appropriate. The AR–11 Healthy People 2010 247b(k)(2), as amended. The Catalog of use of budget guidance posted on the AR–12 Lobbying Restrictions CDC website with this announcement is Federal Domestic Assistance number is AR–13 Prohibition on Use of CDC encouraged. 93.988. Funds for Certain Gun Control 6. Measures of Effectiveness (Reviewed, Activities B. Purpose but not scored) J. Where To Obtain Additional The Centers for Disease Control and The extent to which the applicant has Information Prevention (CDC), announces the provided appropriate measures of availability of fiscal year (FY) 2003 effectiveness. This and other CDC announcements, funds for a cooperative agreement the necessary applications, and program for a Blindness and Vision Loss 7. Human Subjects (Reviewed, but not associated forms can be found on the Prevention Program. This program scored) CDC web site, Internet address: http:// addresses the ‘‘Healthy People 2010’’ The extent to which the applicant www.cdc.gov. Click on ‘‘Funding,’’ then focus area of Diabetes and Vision. adequately addresses the requirements ‘‘Grants and Cooperative Agreements’’. The purpose of this program is to of Title 45 CFR part 46 for the For general questions about this develop, deliver, and evaluate a protection of human subjects. Not announcement, contact: Technical program of comprehensive vision scored; however, an application can be Information Management, CDC screening, outreach and referral, public disapproved if the research risks are Procurement and Grants Office, 2920 education, and surveillance of vision sufficiently serious and protection Brandywine Road, Atlanta, GA 30341– problems. This program is intended to against risks is so inadequate as to make 4146, Telephone: 770–488–2700. serve persons at risk of blindness and the entire application unacceptable. For business management and budget vision loss including persons with diabetes, the elderly, racial and ethnic I. Other Requirements assistance, contact: Nancy Pillar, Grants Management Specialist, Grants minorities, and children. This program Technical Reporting Requirements Management Branch, Procurement and is also intended to increase awareness nationwide of the need for routine eye Provide CDC with original plus two Grants Office, Centers for Disease examinations, screenings for vision loss, copies of: Control and Prevention, 2920 1. Interim progress report, no less Brandywine Road, Room 3000, Atlanta, and the need for action to preserve and than 90 days before the end of the GA 30341–4146, Telephone number: protect eyesight by developing a budget period. The progress report will 770–488–2721, e-mail address: national model prevention program to: serve as your non-competing [email protected]. (a) Raise awareness of the risks of vision continuation application, and must For program technical assistance, loss and eye disease; (b) recognize the contain the following elements: contact: David Wallace, MSEH, early signs of eye disease; (c) identify a. Current Budget Period Activities Technical Adviser, National Center for appropriate and effective prevention Objectives. Injury Prevention and Control, Centers practices; (d) implement screenings and b. Current Budget Period Financial for Disease Control and Prevention, eye examinations in target populations; Progress. 4770 Buford Highway NE, MS K–63, (e) locate and identify where to find c. New Budget Period Program Atlanta, GA 30341–3724, Telephone services for prevention, treatment, and Proposed Activity Objectives. number: 770–488–4712, e-mail address: rehabilitation; and (f) develop and d. Detailed Line-Item Budget and [email protected]. maintain a national database which Justification. defines the extent of eye disease and e. Additional Requested Information. Dated: July 2, 2003. vision loss. 2. Financial status report, no more Edward Schultz, Measurable outcomes of the program than 90 days after the end of the budget Acting Director, Procurement and Grants will be in alignment with the following period. Office, Centers for Disease Control and performance goal for the National 3. Final financial and performance Prevention. Center for Chronic Disease Prevention reports, no more than 90 days after the [FR Doc. 03–18239 Filed 7–17–03; 8:45 am] and Health Promotion: Increase the end of the project period. Send all BILLING CODE 4163–18–P capacity of state diabetes control

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programs to address the prevention of Medicare population through the retinopathy, glaucoma, cataracts, and diabetes and its complications at the Diabetes Education Program age-related macular degeneration. community level. Recognition administered by the Centers Screenings should be community-based, for Medicaid and Medicare Services involve other vision partners, and C. Eligible Applicants (CMS); or (3) supplant existing funding. should be evaluated in terms of Private, non-profit, health numbers screened, findings, and organizations with a national scope, that Recipient Financial Participation referrals. (No personally identifiable provide a comprehensive eye disease Matching funds, that is, a specific data shall be collected or maintained by prevention program addressing diabetic percentage of program costs that must the recipient of this program retinopathy, glaucoma, cataracts, and be contributed by the recipient in order cooperative agreement). age-related macular degeneration are to be eligible for this announcement, are The screening activity must also eligible. The organization must provide not required. Applicants are include appropriate training and proof of 501(c)(3) non-profit status and encouraged, however, to identify certification of the screeners to assure must have the ability to receive, financial and in-kind contributions from the highest standards of competency are manage, and account for federal funds. their own organizations and partners to provided to the public. support and sustain the activities of this Note: Public Law 104–65 states that an (c) Outreach for Treatment and organization described in section 501(c)(3) of program. Rehabilitation the Internal Revenue Code of 1986 which E. Program Requirements Implement and/or expand the engages in lobbying activities shall not be eligible for the receipt of Federal funds The recipient funded under this screening activity with a comprehensive constituting an award, grant, loan or any program announcement will utilize, referral program to assure that persons other form. complement, and expand existing identified with vision disorders will program activities and capabilities, but receive appropriate referrals to D. Funding should not duplicate such activities. In professionals for necessary follow-up, conducting activities to achieve the care and treatment. Such a referral Availability of Funds purpose of this program announcement, program should include identification Approximately $875,000 is available the applicant will be responsible for the of appropriate services prior to in FY 2003 to fund one award. It is activities listed in 1. Recipient screenings, appropriate education of the expected that the award will be made on Activities, and CDC will be responsible screened persons (or parents or or about September 15, 2003 and will be for the activities listed in 2. CDC guardians) of the results of the made for a 12-month budget period with Activities: screening, appropriate education of the a project period of up to five years. The screened persons (or parents or Funding estimate may vary depending 1. Recipient Activities guardians) regarding the community on availability of funds. The organization must demonstrate a services available, and follow-up with Continuation awards in subsequent national capacity through an affiliate referral and treatment services to years will be based upon the availability organizational structure that has determine the number of persons of funds and satisfactory progress as established organizational units at the identified as at-risk from the screenings evidenced by required reports and state level. The organization must have that are taking advantage of referral achievement of the objectives set forth demonstrated ability to acquire, services. The referral program should under ‘‘Program Requirements’’. implement, and manage a national also determine the outcome of the referral to determine the types of Use of Funds database sufficient to describe the causes of blindness and vision loss. treatment utilized to serve the patient. Cooperative agreement funds may be (No personally identifiable data shall be used to expand, enhance, or (a) Leadership and Management collected or maintained by the recipient complement existing activities to Establish and maintain an effective of this cooperative agreement). accomplish the objectives of this national leadership structure, an overall (d) Public Health Assessment program. Funds may be used to pay for, management structure that relies upon but are not limited to, the following: state-level affiliates to carry out the Conduct an assessment of the current staffing, consultants, contractors, grants program activities, and an organization level of programs and services provided to affiliates, materials and supplies, which is based upon a strategic plan. by the public health sector to determine equipment, travel, and other associated The overall management plan of the program areas which are expenses to implement and evaluate organization should include effective complementary, or duplicative, and intervention activities such as accountability of funds, plans for where gaps in services exist. screenings for vision and risk managing federal funds, and plans for Assessments should be conducted in assessment for eye disease, public disbursement of funds to affiliates. The selected States and communities to outreach, referrals to health professions management plan should also include gather representative data regarding the for follow-up, public education, strategies to collaborate with other current capacity of public health to professional education, and the similar national organizations and how collaborate with national vision collection of representative data to the efforts of these other organizations organizations in a comprehensive define the problem and evaluate the will support the overall program. blindness and vision loss prevention program. program. The assessments should, at a Funding under this program (b) Screening minimum, include identification of all announcement may not be used to: (1) Build upon and expand existing the public health programs with an Support direct patient care services, screening activities to include children, element of screening or education, the individual health services, or the the elderly, and other target populations level of resources devoted, funding treatment of diabetes; (2) duplicate such as racial and ethnic minorities sources, evaluation methods (if any), existing efforts the federal system has disparately affected by vision loss. responsible organizations, gaps in established for outpatient diabetes Screenings must be comprehensive, that services, and areas for collaboration. (No education reimbursement for the is, you must screen for diabetic more than nine states and/or

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communities may receive such an an emphasis evaluating program double-spaced, printed on one side, assessment). performance measures consistent with with one-inch margins, and unreduced long-term program objectives. 12-point font. In addition to the (e) Public Education application forms, the application must 2. CDC Activities Design, expand, and implement contain the following in this order: programs to educate the public (a) Assist as needed, in the 1. A Table of Contents with page regarding the importance of periodic eye development of a national evaluation numbers for each of the sections. examinations, the symptoms of vision framework that includes measurement 2. A description of the background problems, the risk factors associated methods, surveillance instruments for and need for the program. with vision loss, and the availability of future use, data standards and Data that describes the problem of services locally. Education campaigns definitions, and a structure for blindness and vision loss in the United should be conducted periodically evaluating the effectiveness of program States, as well as any social or economic targeting high-risk populations, the services. data which further defines the problems elderly, and other populations deemed (b) Provide assistance as required to should be included. Historical and other to need the education. The messages develop a CDC technical advisory relevant information should be provided should be designed for the target committee to guide program services, which demonstrates the applicant’s population and should be culturally share information in professional understanding of the problem and how relevant. settings, and ensure collaboration to address it. A description of the among relevant programs within CDC. (f) Professional Education applicant organizational structure, (c) Provide the expertise, staff, and including financial and programmatic Conduct various education campaigns evidence-based resources of CDC capabilities, as well as an inventory of designed to reach vision professionals programs to assist and enhance the work current organizational activities related and primary care physicians with of the funded organization. to this announcement. The affiliate information regarding vision loss (d) Support the recipient’s activities structure should also be described and problems, services available, by providing scientific and public how the organization achieves its professional standards and standards of health consultation and assistance in mission through the affiliates. A care, and where to acquire additional the development of activities under description of the proposed staff, information. Professional education Recipient Activities. This includes including attached resumes or job campaigns may utilize Web sites, providing technical assistance, training, descriptions for a full-time project conferences, workshops, symposia, and support to the funded organization coordinator and other key staff, the printed material, professional journals, in the areas of program standards, qualifications and responsibilities of and other appropriate literature. evaluation, surveillance, and service each staff member and the percent of Professional education should also delivery through public health time each are committing to the program include the latest information on vision structures. should also be included. screening and diagnostic procedures as (e) Assist with the public health well as progress in other areas of the assessment in state and local health 3. A detailed work plan for: Blindness and Vision Loss Prevention agencies to identify gaps in services and (a) Screening; (b) Outreach for Program. to encourage and support opportunities treatment and rehabilitation; (c) Public (g) Program Evaluation and Surveillance for collaboration and coordination. Health Assessment; (d) Public and Professional education; and (e) Program Describe how existing program F. Content Evaluation and Surveillance. The work evaluation and surveillance activities Letter of Intent (LOI) plans should be time-phased, and will be expanded to determine the should include one-year and five-year prevalence and numbers of persons with A letter of intent is requested (not program objectives including an blindness, vision loss, and other related required) from potential applicants for implementation plan. causes. Implement or expand data the purpose of planning the competitive 4. A budget and budget justification. collection activities to determine the review of applications. The narrative numbers of people receiving appropriate should be no more than one page, Provide a budget and budget eye examinations, the types of single-spaced, and printed on one side. justification including allocation to examinations, and actions taken to The letter of intent should identify the program areas, budgeted amounts by prevent or treat vision loss. Program program announcement, the applicant categories (personnel, fringe benefits, evaluation and surveillance activities organization, document proof of the travel, equipment, supplies, contractual, should not initiate new data collection applicant’s non-profit status, 501(c)(3) and other direct costs), allocations to but should utilize existing data sources. status, and the extent to which the affiliates, and a description of the Program evaluation strategies should organization meets the eligibility funding mechanisms and timelines that include numbers of persons reached by requirements. will be used to disperse funds. The the program, estimated number of budget should be detailed for one year Application persons affected by blindness and vision but should include a proposed summary loss, and numbers of persons with The program announcement title and budget for subsequent years (four blindness and vision loss under number must appear in the application. additional years). Financial treatment for the disease. (No personally Utilize the information in the Program contributions should be included where identifiable data may be collected with Requirements, Other Requirements, appropriate. these cooperative agreement funds). Evaluation Criteria, and this section to 5. Appendices. Surveillance activities should identify develop the application content. Supporting materials including letters existing data sources and how they can Applications will be evaluated on the of support, organizational background be utilized for the purposes of this criteria listed. The content requirements and history, data to describe blindness program. Evaluation activities should as well as the evaluation criteria should and vision loss, and strategic plans include design of new program be followed closely. Applications should be included in the appendices measures and future data sources, with should be no more than 35 pages section of the application.

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G. Submission and Deadline H. Evaluation Criteria the current prevention programs in the United States. The extent to which the LOI Submission Applicants are required to provide measures of effectiveness that will application identifies potential A letter of intent is requested by demonstrate the accomplishment of the collaborators and the strengths they August 1, 2003. Submit the LOI to: various identified objectives of the offer to the program. The extent to Regina Hardy, Division of Diabetes cooperative agreement. Measures of which the applicant has the necessary Translation, CDC National Center for effectiveness must relate to the organizational capabilities to deliver the Chronic Disease Prevention and Health performance goal stated in the purpose services of the program including Promotion, 4770 Buford Highway, NE., section of this announcement. Measures database development and management. Mailstop K–10, Atlanta, GA 30341. must be objective and quantitative and The extent of the applicant’s ability to must measure the intended outcome. train and certify screeners and screening Application Forms These measures of effectiveness must be activities. The extent to which the submitted with the application and will application demonstrates a history and Submit the signed original and two be an element of evaluation. evidence of delivering vision loss and copies of the PHS 5161 Form. Forms are An independent objective review blindness program services. available at the following Internet group appointed by CDC will evaluate address: www.cdc.gov/od/pgo/ 4. Budget and Budget Narrative (10 each application against the following points) forminfo.htm. If you do not have access criteria: to the Internet, or if you have difficulty The extent to which the budget accessing the forms on-line, please 1. Work Plan (40 points) appears reasonable and consistent with contact the CDC Procurement and The degree to which the applicant the proposed activities and intent of the Grants Office Technical Information describes a plan that is time-phased, program. Management Section (PGO–TIM) at: feasible and measurable. The work plan I. Other Requirements 770–488–2700. Applications forms can must be specific and meet the be mailed to you. expectations in the Program Technical Reporting Requirements Requirements and Application Content Submission Date, Time, and Address Provide CDC with original and two sections of this program announcement. copies of: The application must be received by The degree to which the plans reflect 1. Interim progress report will be due 4 p.m. Eastern Time, August 18, 2003. and build upon existing capabilities and April 1, 2004 containing a brief Submit the application to: Technical assets, and utilize the capacity of the description of the program Information Management—PA 03189, affiliates. The extent to which the plan accomplishments/narrative and progress includes efforts to sustain the program CDC Procurement and Grants Office, made in the first six months of the long-term. The extent to which the 2920 Brandywine Rd., Atlanta, GA program; reasons for not achieving application describes plans to 30341–4146. proposed objectives and activities; collaborate with CDC in developing an progress in allocating and dispersing the Applications may not be submitted evaluation framework and performance budget; and details for changes in the electronically. measures. The extent to which program for the remainder of the time appropriate data sources are available to Acknowledgement of Application for which funds are provided. define the problems of blindness and Receipt 2. An annual progress report vision loss and plans to acquire summarizing the past year’s additional data sources. The extent to A postcard will be mailed by PGO– accomplishments, and a financial status which the application provides clear TIM, notifying you that CDC has report, no more than 90 days after the definitive plans to make the program received your application. end of the budget period. nationwide in scope. Deadline 3. Final financial, performance, and 2. Program Leadership and Management evaluation reports, no more than 90 Applications shall be considered as (25 points) days after the end of the five-year meeting the deadline if they are The extent to which the project period (depending upon received before 4 p.m. Eastern Time on organizational structure is designed to availability of funds). the deadline date. Applications sent by implement the proposed work plan Send all reports to the Grants the United States Postal Service or including leadership and decision- Management Specialist identified in the commercial delivery services must making processes. The extent to which ‘‘Where to Obtain Additional ensure that the carrier will be able to the proposed staffing will have the Information’’ section of this guarantee delivery of the application by appropriate qualifications and announcement. the closing date and time. If an experience to implement the proposed Additional Requirements application is received after closing due work plan. The extent to which the to (1) carrier error, when the carrier applicant describes clearly defined roles The following requirements are accepted the package with a guarantee for program staff and the roles of the applicable to this program. For a for delivery by the closing date and affiliates. complete description of each, see time, or (2) significant weather delays or The extent to which the application Attachment I of the program natural disasters, CDC will upon receipt demonstrates a capacity to guide and announcement as posted on the CDC of proper documentation, consider the support their affiliates. Web site. application as having been received by AR–7 Executive Order 12372 Review the deadline. Any application that does 3. Background and Need (25 points) AR–8 Public Health Systems Reporting not meet the above criteria will not be The extent to which the problem of Requirements eligible for competition, and will be blindness and vision loss is described AR–10 Smoke-Free Workplace returned to the applicant. The applicant and supported by institutional data. The Requirements will be notified of their failure to meet extent to which the application AR–11 Healthy People 2010 the submission requirements. identifies the strengths and weakness of AR–12 Lobbying Restrictions

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J. Where To Obtain Additional notice. The proposed collection of With respect to the following Information information will permit an applicant to collection of information, FDA invites This, and other CDC announcements, certify that it qualifies as a ‘‘small comments on: (1) Whether the proposed the necessary applications, and business’’ within the meaning of the collection of information is necessary associated forms can be found on the Medical Device User Fee and for the proper performance of FDA’s CDC Web site, Internet address: http:// Modernization Act (MDUFMA), will functions, including whether the www.cdc.gov. Click on ‘‘Funding’’ then help the applicant organize the information will have practical utility; (2) the accuracy of FDA’s estimate of the ‘‘Grants and Cooperative Agreements’’. information FDA needs to verify each For general questions about this certification, and will collect contact burden of the proposed collection of information, including the validity of announcement, contact: Technical information to facilitate rapid resolution the methodology and assumptions used; Information Management, CDC of any questions FDA may have (3) ways to enhance the quality, utility, Procurement and Grants Office, 2920 concerning information the applicant and clarity of the information to be Brandywine Rd., Atlanta, GA 30341– has provided. In the Federal Register of collected; and (4) ways to minimize the 2700, Telephone: 770–488–2700. March 26, 2003 (68 FR 14664), FDA burden of the collection of information For business management and budget published a notice announcing OMB’s on respondents, including through the assistance, contact: Ann Gatwood, approval of this collection of use of automated collection techniques, Grants Management Specialist, CDC information (OMB control number when appropriate, and other forms of Procurement and Grants Office, 2920 0910–0508). Since this was an information technology. Brandywine Road, Atlanta, GA 30341– emergency approval that expires on 4146, Telephone: 770–488–2895, E-mail October 31, 2003, FDA is following the MDUFMA Small Business Qualification address: [email protected]. normal PRA clearance procedures by Certification (Form FDA 3602) — (OMB For program technical assistance, issuing this notice. Control Number 0910–0508)—Extension contact: Jinan Saaddine, Division of DATES: Submit written or electronic MDUFMA amends the Federal Food, Diabetes Translation, CDC National comments on the collection of Drug, and Cosmetic Act to provide for Center for Chronic Disease Prevention information September 16, 2003. user fees for certain medical device and Health Promotion, 4770 Buford ADDRESSES: Submit electronic applications. The initial fees (for fiscal Highway, NE., Mailstop K–10, Atlanta, comments on the collection of year (FY) 2003) are set by statute; FDA GA 30341, E-mail: [email protected], information via the Internet at: http:// will publish a Federal Register notice Telephone: (770) 488–1274. www.fda.gov/dockets/edockethome. by August 1, 2003, announcing the fees Dated: July 14, 2003. Submit written comments on the for FY 2004. To avoid harming small Sandra R. Manning, collection of information to the Divsion businesses, MDUFMA provides for CGFM, Director, Procurement and Grants of Dockets Management (HFA–305), reduced or waived fees for applicants Office, Centers for Disease Control and Food and Drug Administration, 5630 who qualify as a ‘‘small business.’’ This Prevention. Fishers Lane., rm. 1061, Rockville, MD means there are two levels of fees, a [FR Doc. 03–18235 Filed 7–17–03; 8:45 am] 20852. All comments should be standard fee, and a reduced or waived BILLING CODE 4163–18–P identified with the docket number small business fee. found in brackets in the heading of this Presently, a ‘‘small business’’ is an document. applicant who reported no more than $30 million ‘‘gross receipts or sales’’ on DEPARTMENT OF HEALTH AND FOR FURTHER INFORMATION CONTACT: HUMAN SERVICES its Federal income tax return for the Peggy Robbins, Office of Management most recent tax year; the applicant must Programs (HFA–250), Food and Drug Food and Drug Administration count the ‘‘gross receipts or sales’’ of all Administration, 5600 Fishers Lane, of its affiliates, partners, or parent firms Docket No. 2003N–0311 Rockville, MD 20857, 301–827–1223. when calculating whether it meets the SUPPLEMENTARY INFORMATION: Under the Agency Information Collection $30 million threshold. An applicant PRA (44 U.S.C. 3501–3520), Federal Activities; Proposed Collection; must pay the full standard fee unless it agencies must obtain approval from the Comment Request; Medical Device provides evidence demonstrating to Office of Management and Budget User Fee and Modernization Act Small FDA that it meets the ‘‘small business’’ (OMB) for each collection of Business Qualification Certification criteria. The evidence required by information they conduct or sponsor. (Form FDA 3602) MDUFMA is a copy of the most recent ‘‘Collection of information’’ is defined Federal income tax return of the AGENCY: Food and Drug Administration, in 44 U.S.C. 3502(3) and 5 CFR applicant, and any affiliate, partner, or HHS. 1320.3(c) and includes agency requests parent firm. FDA will review these ACTION: Notice. or requirements that members of the materials and decide whether an public submit reports, keep records, or applicant is a ‘‘small business’’ within SUMMARY: The Food and Drug provide information to a third party. the meaning of MDUFMA. Administration (FDA) is announcing an Section 3506(c)(2)(A) of the PRA (44 Form FDA 3602 will be available in opportunity for public comment on the U.S.C. 3506(c)(2)(A)) requires Federal a forthcoming guidance document, proposed collection of certain agencies to provide a 60-day notice in ‘‘MDUFMA Small Business information by the agency. Under the the Federal Register concerning each Qualification Worksheet and Paperwork Reduction Act of 1995 (the proposed collection of information, Certification.’’ This guidance will PRA), Federal agencies are required to including each proposed extension of an describe the criteria FDA will use to publish notice in the Federal Register existing collection of information, decide whether an entity qualifies as a concerning each proposed collection of before submitting the collection to OMB MDUFMA small business and will help information, including each proposed for approval. To comply with this prospective applicants understand what extension of an existing collection of requirement, FDA is publishing notice they need to do to meet the small information, and to allow 60 days for of the proposed collection of business criteria for FY 2004 and public comment in response to the information set forth in this document. subsequent fiscal years. FDA will

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publish this guidance by August 1, Respondents will be businesses or estimates the burden of this information 2003. other for-profit organizations. FDA collection as follows:

TABLE 1. — ESTIMATED ANNUAL REPORTING BURDEN1

No. of Annual Frequency Total Annual Hours per FDA Form Number Respondents per Response Responses Response Total Hours

3602 3,000 1 3,000 1 3,000 1There are no capital costs or operating and maintenance costs associated with this collection of information.

FDA based these estimates on (SAMHSA) will publish a summary of Columbia. For the 2004 survey, conversations with industry, trade information collection requests under additional questions in the following association representatives, and from OMB review, in compliance with the substantive areas are planned: adult internal FDA estimates. This represents Paperwork Reduction Act (44 U.S.C. mental health treatment (three FDA’s estimate on the number of small chapter 35). To request a copy of these additional questions to obtain more businesses that will submit a premarket documents, call the SAMHSA Reports detail on unmet mental health treatment notification, a premarket application, a Clearance Officer on (301) 443–7978. need, and on alternative mental health premarket report, a panel track 2004 National Survey on Drug Use treatment received); drug treatment supplement, efficacy supplement, 180- and Health—(OMB No. 0930–0110, (four questions on age at first treatment day supplement, or a real time Revision)—The National Survey on for alcohol and/or drug use); prior supplement to FDA during a single Drug Use and Health (NSDUH), formerly substance use (expanded 2003’s prior fiscal year from FY 2004 through 2007. the National Household Survey on Drug marijuana and cigarette use module to Dated: July 11, 2003. Abuse (NHSDA), is a survey of the collect information on age at last use for Jeffrey Shuren, civilian, noninstitutionalized each core substance respondent Assistant Commissioner for Policy. population of the United States 12 years reported last using over 30 days); [FR Doc. 03–18160 Filed 7–17–03; 8:45 am] old and older. The data are used to depression (separate modules for determine the prevalence of use of BILLING CODE 4160–01–S adolescents and adults based on tobacco products, alcohol, illicit adaptations of existing modules used in substances, and illicit use of the National Comorbidity Survey). The prescription drugs. The results are used DEPARTMENT OF HEALTH AND following questions are planned to be HUMAN SERVICES by SAMHSA, ONDCP, Federal government agencies, and other deleted from the 2004 survey: speciality Substance Abuse and Mental Health organizations and researchers to cigarettes (questions about clove and Services Administration establish policy, direct program bidi use); amount paid for cigarettes in activities, and better allocate resources. the past 30 days; and youth access to Agency Information Collection cigarettes. Three to four years of data As with all NSDUH/NHSDA surveys Activities: Submission for OMB have been collected on these questions, Review; Comment Request conducted since 1999, the sample size of the survey for 2004 will be sufficient which may be included again in future Periodically, the Substance Abuse and to permit prevalence estimates for each surveys as the need arises. The total Mental Health Services Administration of the fifty states and the District of annual burden estimate is shown below:

Average burden Number of Responses per per response Total burden respondents respondent (hr.) (hrs)

Household Screening ...... 182,250 1 0.083 15,127 Interview ...... 67,500 1 1.0 67,500 Screening Verification ...... 5,559 1 0.067 372 Interview Verification ...... 10,125 1 0.067 678

Total ...... 182,250 ...... 83,677

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Written comments and public hearing may be adjourned as address, identify the docket number recommendations concerning the early as 5 p.m. if there is no significant (USCG–2002–14134), indicate your proposed information collection should attendance or participation during the specific concern, and give the reason for be sent within 30 days of this notice to: first two hours. The public hearing will each comment. You may submit your Allison Herron Eydt, Human Resources continue beyond 6 p.m. if necessary to comments and material by electronic and Housing Branch, Office of ensure all individuals present at that means, mail, fax, or delivery to the Management and Budget, New time who wish to comment have an Docket Management Facility at the Executive Office Building, Room 10235, opportunity to do so. address under ADDRESSES; but please Washington, DC 20503; due to potential Comments intended for inclusion in submit your comments and material by delays in OMB’s receipt and processing the public docket [USCG–2002–14134] only one means. If you submit them by of mail sent through the U.S. Postal must reach the Docket Management mail or delivery, submit them in an Service, respondents are encouraged to Facility on or before October 2, 2003. unbound format, no larger than 81⁄2 by submit comments by fax to: 202–395– ADDRESSES: The public hearing and 11 inches, suitable for copying and 6974. informational open house will be held electronic filing. If you submit them by Dated: July 11, 2003. at the following location: New Orleans mail and would like to know that they Marriott, 555 Canal Street, New Orleans, Anna Marsh, reached the Facility, please enclose a LA 70130, (504) 581–1000. stamped, self-addressed postcard or Acting Executive Officer, SAMHSA. You may submit comments identified [FR Doc. 03–18238 Filed 7–17–03; 8:45 am] envelope. We will consider all by Coast Guard docket number USCG– comments and material received during BILLING CODE 4162–20–P 2002–14134 to the Docket Management the comment period. Facility at the U.S. Department of Transportation. To avoid duplication, Viewing comments and documents: DEPARTMENT OF HOMELAND please use only one of the following To view comments, as well as SECURITY methods: documents mentioned in this preamble (1) Web site: http://dms.dot.gov. as being available in the docket, go to Coast Guard (2) Mail: Docket Management Facility, http://dms.dot.gov at any time and U.S. Department of Transportation, 400 conduct a simple search using the DEPARTMENT OF TRANSPORTATION Seventh Street, SW., Washington, DC docket number USCG–2002–14134. You 20590–0001. may also visit the Docket Management Maritime Administration (3) Fax: (202) 493–2251. Facility in room PL–401 on the Plaza (4) Delivery: Room PL–401 on the [USCG–2002–14134] level of the Nassif Building, 400 Plaza level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, Port Pelican LLC Deepwater Port Seventh Street, SW., Washington, DC, between 9 a.m. and 5 p.m., Monday License Application between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. through Friday, except Federal holidays. Privacy Act: Anyone can search the AGENCY: Coast Guard, DHS, and The telephone number is (202) 366– electronic form of all comments Maritime Administration, DOT. 9329. received into any of our dockets by the ACTION: Notice of public hearing; request (5) Federal eRulemaking Portal: name of the individual submitting the for comments. http://www.regulations.gov. comment (or signing the comment, if FOR FURTHER INFORMATION CONTACT: For submitted on behalf of an association, SUMMARY: The U.S. Coast Guard (USCG) further information concerning this business, labor union, etc.). You may and the U.S. Maritime Administration notice, the Port Pelican LLC Deepwater review the Department of (MARAD) will hold a public hearing to Port license application, or the public receive information relevant to the hearing or informational open house, Transportation’s Privacy Act Statement issuance or denial of the requisite contact Commander Mark Prescott, U.S. in the Federal Register published on federal license for the proposed Port Coast Guard at (202) 267–0225 or April 11, 2000 (65 FR 19477), or you Pelican LLC Deepwater Port project. The [email protected]. For may visit http://dms.dot.gov. proposed Port Pelican LLC Deepwater questions on viewing or submitting Public Hearing/Informational Open Port would be located in the Gulf of material to the docket, call Ms. Dorothy House Mexico, approximately 36 miles south Beard, Chief of Dockets, Department of southwest of Fresh Water City, Transportation, at (202) 366–5149. The Coast Guard and the Maritime Louisiana, in the Outer Continental SUPPLEMENTARY INFORMATION: Administration will hold a public Shelf (OCS) Lease Block Vermilion 140. hearing from 3 p.m. to 6 p.m. on We encourage interested individuals Public Participation and Request for Monday, August 18, 2003 at the New and organizations to attend the public Comments Orleans Marriott, 555 Canal Street, New hearing and submit comments. We also Whether or not you attend the public Orleans, Louisiana. An informational seek comments from anyone unable to hearing or informational open house, we open house will be held prior to the attend the public hearing. In encourage you to submit written public meeting from 1 p.m. to 3 p.m. at conjunction with the public hearing, the comments and related materials. All the same location. We invite the public USCG and MARAD will also hold an comments received will be posted, and representatives of interested informational open house regarding the without change, to http://dms.dot.gov agencies to attend and provide proposed Port Pelican LLC Deepwater and will include any personal comments on the proposed license Port project. information you have provided. We application. If you plan to attend the DATES: The public hearing will be held have an agreement with the Department public hearing or informational open on Monday, August 18, 2003, 3 p.m. to of Transportation (DOT) to use the house and need special assistance, such 6 p.m., in New Orleans, Louisiana. The Docket Management Facility. Please see as sign language interpretation or other informational open house will be held DOT’s ‘‘Privacy Act’’ paragraph below. reasonable accommodations, contact the on Monday, August 18, 2003, 1 p.m. to Submitting comments: If you submit a U.S. Coast Guard as indicated in FOR 3 p.m., in New Orleans, Louisiana. The comment, please include your name and FURTHER INFORMATION CONTACT.

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Proposed Deepwater Port Background prior to the hearing, indicating the New Executive Office Building, Information approximate amount of time required. Washington, DC 20503; Fax number The proposed Port Pelican LLC Written statements and exhibits may be (202) 395–6974; E-mail _ Deepwater Port would deliver natural submitted in place of or in addition to Lauren [email protected]. oral statements and will be made a part gas to the United States Gulf Coast using FOR FURTHER INFORMATION CONTACT: of the hearing record. Written existing gas supply and gathering Wayne Eddins, Reports Management statements and exhibits may be systems in the Gulf of Mexico and Officer, AYO, Department of Housing delivered before or during the hearing, southern Louisiana. Gas would then be and Urban Development, 451 Seventh or they may be submitted for up to 45 delivered to shippers using the national Street, Southwest, Washington, DC days following the date of the hearing to pipeline grid through interconnections 20410; e-mail [email protected]; the Docket Management Facility listed with major interstate and intrastate telephone (202) 708–2374. This is not a under ADDRESSES. pipelines. toll-free number. Copies of the proposed The project would consist of two Dated: July 14, 2003. forms and other available documents concrete gravity based structure (GBS) Joseph J. Angelo, submitted to OMB may be obtained units fixed to the seabed, which would Director of Standards, Marine Safety, from Mr. Eddins. include integral liquefied natural gas Security, and Environmental Protection, U.S. SUPPLEMENTARY INFORMATION: The (LNG) storage tanks, support deck Coast Guard. Department has submitted the proposal mounted LNG receiving and Raymond R. Barberisi, vaporization equipment and utilities, for the collection of information, as Director, Office of Ports and Domestic described below, to OMB for review, as berthing accommodations for LNG Shipping, U.S. Maritime Administration. carriers, facilities for delivery of natural required by the Paperwork Reduction [FR Doc. 03–18292 Filed 7–17–03; 8:45 am] gas to a pipeline transportation system, Act (44 U.S.C. Chapter 35). The Notice and personnel accommodations. BILLING CODE 4910–81–P lists the following information: (1) The A 42-inch diameter offshore Pelican title of the information collection Interconnector Pipeline (PIPL), 37 proposal; (2) the office of the agency to nautical miles in length, would be DEPARTMENT OF HOUSING AND collect the information; (3) the OMB constructed as part of the project. The URBAN DEVELOPMENT approval number, if applicable; (4) the PIPL would transport gas from the [Docket No. FR–4815–N–43] description of the need for the terminal to a point near the Tiger Shoal information and its proposed use; (5) Platform ‘‘A’’ where it would connect to Notice of Submission of Proposed the agency form number, if applicable; the Henry Hub. The Henry Hub would Information Collection to OMB: (6) what members of the public will be deliver the gas to the onshore U.S. gas Application for the Transfer of Physical affected by the proposal; (7) how pipeline network. Assets frequently information submissions will be required; (8) an estimate of the total License Application Background AGENCY: Office of the Chief Information number of hours needed to prepare the Information Officer, HUD. information submission including The Port Pelican LLC Deepwater Port ACTION: Notice. number of respondents, frequency of license application was submitted to the SUMMARY: The proposed information response, and hours of response; (9) Secretary of Transportation on collection requirement described below whether the proposal is new, an November 25, 2002. The license has been submitted to the Office of extension, reinstatement, or revision of application calls for construction of the Management and Budget (OMB) for an information collection requirement; Port Pelican Deepwater Port in an area review, as required by the Paperwork and (10) the name and telephone situated in the Gulf of Mexico, Reduction Act. The Department is number of an agency official familiar approximately 36 miles south southwest soliciting public comments on the with the proposal and of the OMB Desk of Fresh Water City, Louisiana, in OCS subject proposal. Officer for the Department. Lease Block Vermilion 140. Additional The Department is requesting an This Notice also lists the following information concerning the contents of extension of approval to collect the information: the application can be found online at subject information from prospective Title of Proposal: Application for the http://dms.dot.gov under docket number purchasers of properties with HUD- Transfer of Physical Assets. USCG–2002–14134, or in the notice of insured or HUD-held mortgages. The OMB Approval Number: 2502–0275. application published in the Federal information must be submitted to HUD Form Numbers: HUD–92266. Register at 67 FR 79234 (Dec. 27, 2002). prior to conveying the title to ensure the Description of the Need for the This public hearing is being held transfer of physical assets does not place pursuant to 33 U.S.C. 1504(g) to receive Information and its Proposed Use: the property in physical, financial, or Prospective purchasers of properties information relevant to the issuance or managerial jeopardy by the transfer. denial of the requisite federal license for with HUD-insured or HUD-held DATES: Comments Due Date: July 18, the proposed Port Pelican LLC mortgages must submit information to 2003. Deepwater Port project. HUD prior to conveying the title to ADDRESSES: Interested persons are ensure the transfer of physical assets Procedural invited to submit comments regarding does not place the property in physical, Any person who wishes may appear this proposal. Comments should refer to financial, or managerial jeopardy by the and speak or present evidence at this the proposal by name and/or OMB transfer. public hearing. Persons planning to approval number (2502–0275) and Respondents: Business or other for- speak at the hearing should contact the should be sent to: Lauren Wittenberg, profit, Not-for-profit institutions. U.S. Coast Guard as indicated in FOR OMB Desk Officer, Office of Frequency of Submission: On FURTHER INFORMATION CONTACT, any time Management and Budget, Room 10235, occasion.

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Number of Annual × Hours per respondents responses response = Burden hours

Reporting Burden: ...... 350 350 92 32,200

Total Estimated Burden Hours: 32,200 non-insured projects. Those owners description of the need for the Status: Extension of a currently must provide data for HUD’s approval of information and its proposed use; (5) approved collection. management agents/entities. the agency form number, if applicable; Authority: Section 3507 of the Paperwork DATES: Comments Due Date: August 18, (6) what members of the public will be Reduction Act of 1995, 44 U.S.C. 35, as 2003. affected by the proposal; (7) how amended. ADDRESSES: Interested persons are frequently information submissions will Dated: July 9, 2003. invited to submit comments regarding be required; (8) an estimate of the total Wayne Eddins, this proposal. Comments should refer to number of hours needed to prepare the information submission including Departmental Reports Management Officer, the proposal by name and/or OMB Office of the Chief Information Officer. approval number (2502–0305) and number of respondents, frequency of response, and hours of response; (9) [FR Doc. 03–18180 Filed 7–17–03; 8:45 am] should be sent to: Lauren Wittenberg, whether the proposal is new, an BILLING CODE 4210–72–P OMB Desk Officer, Office of Management and Budget, Room 10235, extension, reinstatement, or revision of New Executive Office Building, an information collection requirement; DEPARTMENT OF HOUSING AND Washington, DC 20503; Fax number and (10) the name and telephone URBAN DEVELOPMENT (202) 395–6974; E-mail number of an agency official familiar [email protected]. with the proposal and of the OMB Desk [Docket No. FR–4815–N–44] Officer for the Department. FOR FURTHER INFORMATION CONTACT: This Notice also lists the following Notice of Submission of Proposed Wayne Eddins, Reports Management information: Information Collection to OMB: Officer, AYO, Department of Housing Management Certifications and and Urban Development, 451 Seventh Title of Proposal: Management Management Entity Profile Street, Southwest, Washington, DC Certifications and Management Entity 20410; e-mail [email protected]; Profile. AGENCY: Office of the Chief Information telephone (202) 708–2374. This is not a OMB Approval Number: 2502–0305. Officer, HUD. toll-free number. Copies of the proposed Form Numbers: HUD–9832, HUD– ACTION: Notice. forms and other available documents 29839A, HUD–9839B, HUD–9839C. SUMMARY: The proposed information submitted to OMB may be obtained Description of the Need for the collection requirement described below from Mr. Eddins. Information and its Proposed Use: has been submitted to the Office of SUPPLEMENTARY INFORMATION: The Owners of insured and assisted Management and Budget (OMB) for Department has submitted the proposal multifamily housing projects are review, as required by the Paperwork for the collection of information, as required by HUD administrative Reduction Act. The Department is described below, to OMB for review, as guidelines to submit certain data for soliciting public comments on the required by the Paperwork Reduction review and approval of a new subject proposal. Act (44 U.S.C. Chapter 35). The Notice management agent. The Department is requesting lists the following information: (1) The Respondents: Business or other for- approval to continue collecting title of the information collection profit, Not-for-profit institutions. information from owners of multifamily proposal; (2) the office of the agency to Frequency of Submission: On housing projects with fully-insured or collect the information; (3) the OMB occasion of proposed new management HUD-held mortgages and subsidized, approval number, if applicable; (4) the agent.

Number of Annual × Hours per respondents responses response = Burden hours

Reporting Burden: ...... 3,600 10,800 0.40 4,350

Total Estimated Burden Hours: 4,350. DEPARTMENT OF HOUSING AND HUD for suitability for possible use to Status: Extension of a currently URBAN DEVELOPMENT assist the homeless. approved collection. FOR FURTHER INFORMATION CONTACT: [Docket No. FR–4809–N–29] Mark Johnston, room 7266, Department Authority: Section 3507 of the Paperwork of Housing and Urban Development, Reduction Act of 1995, 44 U.S.C. 35, as Federal Property Suitable as Facilities amended. 451 Seventh Street, SW., Washington, To Assist the Homeless DC 20410; telephone (202) 708–1234; Dated: July 11, 2003. AGENCY: Office of the Assistant TTY number for the hearing- and Wayne Eddins, Secretary for Community Planning and speech-impaired (202) 708–2565 (these Departmental Reports Management Officer, Development, HUD. telephone numbers are not toll-free), or Office of the Chief Information Officer. call the toll-free Title V information line ACTION: Notice. [FR Doc. 03–18181 Filed 7–17–03; 8:45 am] at 1–800–927–7588. BILLING CODE 4210–72–P SUMMARY: This Notice identifies SUPPLEMENTARY INFORMATION: In unutilized, underutilized, excess, and accordance with 24 CFR part 581 and surplus Federal property reviewed by section 501 of the Steward B. McKinney

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Homeless Assistance Act (42 U.S.C. Federal use. At the appropriate time, N. Judson Co: Starke IN 46366— 11411), as amended, HUD is publishing HUD will publish the property in a Landholding Agency: GSA this Notice to identify Federal buildings Notice showing it as either suitable/ Property Number: 54200330001 and other real property that HUD has available or suitable/unavailable. Status: Surplus For properties listed as suitable/ Comment: 13,114 sq. ft., presence of reviewed for suitability for use to assist asbestos/lead paint, most recent use— the homeless. The properties were unavailable, the landholding agency has office/training/vehicle maint. and repair reviewed using information provided to decided that the property cannot be GSA Number: 1–D–IN–597 HUD by Federal landholding agencies declared excess or made available for regarding unutilized and underutilized use to assist the homeless, and the Unsuitable Properties buildings and real property controlled property will not be available. Building (by State) by such agencies or by GSA regarding Properties listed as unsuitable will California not be made available for any other its inventory of excess or surplus Bldg. 56 Federal property. This Notice is also purpose for 20 days from the date of this Naval Air Station published in order to comply with the Notice. Homeless assistance providers Lemoore Co: CA December 12, 1988 Court Order in interested in a review by HUD of the Landholding Agency: Navy National Coalition for the Homeless v. determination of unsuitability should Property Number: 77200330001 Veterans Administration, No. 88–2503– call the toll free information line at Status: Excess OG (D.D.C.). 1–800–927–7588 listed at the beginning Reasons: Secured Area; Extensive Properties reviewed are listed in this of this Notice. Included in the request deterioration Notice according to the following for review should be the property Structure 63 categories: Suitable/available, suitable/ address (including zip code), the date of Naval Air Station unavailable, suitable/to be excess, and publication in the Federal Register, the Lemoore Co: CA unsuitable. The properties listed in the Landholding Agency: Navy landholding agency, and the property Property Number: 77200330002 three suitable categories have been number. Status: Excess reviewed by the landholding agencies, For more information regarding Reason: Secured Area and each agency has transmitted to particular properties identified in this Structure 64 HUD: (1) Its intention to make the Notice (i.e., acreage, floor plan, existing Naval Air Station property available for use to assist the sanitary facilities, exact street address), Lemoore Co: CA homeless, (2) its intention to declare the providers should contact the Landholding Agency: Navy property excess to the agency’s needs, or appropriate landholding agencies at the Property Number: 77200330003 (3) a statement of the reasons that the following addresses: Coast Guard: Ms. Status: Excess property cannot be declared excess or Teresa Sheinberg, U.S. Coast Guard, Reason: Secured Area made available for use as facilities to Room 6109, 2100 Second Street., SW., Structure 65 assist the homeless. Washington, DC 20593–0001; (202) 267– Naval Air Station Properties listed as suitable/available 6142; Energy: Mr. Andy Duran, Lemoore Co: CA will be available exclusively for Landholding Agency: Navy Department of Energy, Office of Property Number: 77200330004 homeless use for a period of 60 days Engineering & Construction Status: Excess from the date of this Notice. Where Management, ME–90, Washington, DC Reasons: Secured Area property is described as for ‘‘off-site use 20585; (202) 586–4548; GSA: Mr. Brian Bldg. 70 only’’ recipients of the property will be K. Polly, Assistant Commissioner, Naval Air Station required to relocate the building to their General Services Administration, Office Lemoore Co: CA own site at their own expense. of Property Disposal, 18th and F Streets, Landholding Agency: Navy Homeless assistance providers NW., Washington, DC 20405; (202) 501– Property Number: 77200330005 interested in any such property should 0052; Interior: Ms. Linda Tribby, Status: Excess send a written expression of interest to Acquisition and Property Management, Reasons: Secured Area; Extensive deterioration HHS, addressed to Shirley Kramer, Department of the Interior, 1849 C Division of Property Management, Street, NW., MS5512, Washington, DC Bldg. 75 Program Support Center, HHS, room Naval Air Station 20240; (202) 219–0728; Navy: Mr. Lemoore Co: CA 5B–41, 5600 Fishers Lane, Rockville, Charles C. Cooks, Director, Department MD 20857; (301) 443–2265. (This is not Landholding Agency: Navy of the Navy, Real Estate Policy Division, Property Number: 77200330006 a toll-free number.) HHS will mail to the Naval Facilities Engineering Command, Status: Excess interested provider an application Washington Navy Yard, 1322 Patterson Reasons: Secured Area; Extensive packet, which will include instructions Ave., SE., Suite 1000, Washington, DC deterioration for completing the application. In order 20374–5065; (202) 685–9200; (These are Bldg. 776 to maximize the opportunity to utilize a not toll-free numbers). Naval Air Station suitable property, providers should Lemoore Co: CA submit their written expressions of Dated: July 10, 2003. Landholding Agency: Navy interest as soon as possible. For Mark R. Johnson, Property Number: 77200330007 complete details concerning the Deputy Director, Office of Special Needs Status: Excess Assistance Programs. Reasons: Secured Area; Extensive processing of applications, the reader is deterioration encouraged to refer to the interim rule Title V, Federal Surplus Property Program Bldg. 818 governing this program, 24 CFR part Federal Register Report for Naval Air Station 581. 7/18/03 Lemoore Co: CA For properties listed as suitable/to be Suitable/Available Properties Landholding Agency: Navy excess, that property may, if Property Number: 77200330008 subsequently accepted as excess by Buildings (by States) Status: Excess GSA, be made available for use by the Indiana Reasons: Secured Area; Extensive homeless in accordance with applicable Paulsen U.S. Army Reserve Ctr deterioration law, subject to screening for other 800 East Crystal Bldg. 827

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Naval Air Station Rocky Mountain Co: Grand CO 80447– Naval Support Activity Lemoore Co: CA Landholding Agency: Interior Mechanicsburg Co: Cumberland PA 17055– Landholding Agency: Navy Property Number: 61200330007 0788 Property Number: 77200330009 Status: Unutilized Landholding Agency: Navy Status: Excess Reason: Extensive deterioration Property Number: 77200330013 Reasons: Secured Area; Extensive Maryland Status: Excess deterioration Reason: Extensive deterioration Bloody Pt Bar Lighthouse Bldg. 931 Bldg. 906 Chesapeake Bay Naval Air Station Naval Support Activity Kent Co: MD Lemoore Co: CA Mechanicsburg Co: Cumberland PA 17055– Landholding Agency: GSA Landholding Agency: Navy 0788 Property Number: 54200330002 Property Number: 77200330010 Landholding Agency: Navy Status: Excess Status: Excess Property Number: 77200330014 Reason: Not accessible Reasons: Secured Area; Extensive Status: Excess GSA Number: 4–U–MD–0612 deterioration Reason: Extensive deterioration Bldg. 503A Bldg. 935 Naval Air Station Tennessee Naval Air Station Patuxent River Co: MD Clinton Property Lemoore Co: CA Landholding Agency: Navy Stones River National Battlefield Landholding Agency: Navy Property Number: 77200330012 Murfreesboro Co: Rutherford TN 37129– Property Number: 77200330011 Landholding Agency: Interior Status: Excess Status: Excess Property Number: 61200330012 Reasons: Secured Area; Extensive Reason: Extensive deterioration Status: Excess deterioration Massachusetts Reason: Extensive deterioration Colorado Kennedy Barn/Garage Smith Property Bldg. 574 National Seashore Stones River National Battlefield National Park Eastham Co: Barnestable MA 02642– Murfreesboro Co: Rutherford TN 37129– Old Glacier Creek Landholding Agency: Interior Landholding Agency: Interior Rocky Mountain Co: Larimer CO 80517– Property Number: 61200330011 Property Number: 61200330013 Landholding Agency: Interior Status: Unutilized Status: Excess Property Number: 61200330001 Reason: Extensive deterioration Reason: Extensive deterioration Status: Unutilized Nevada Virginia Reasons: Extensive deterioration 31 Bldgs./Facilities Church Street Quarters (204) Bldg. B–777 Nellis AFB Colonial National Park National Park Tonopah Test Range Yorktown Co: York VA 23690– Conservation Camp Tonopah Co: Nye NV 89049– Landholding Agency: Interior Rocky Mountain Co: Grand CO 80447– Landholding Agency: Energy Property Number: 61200330008 Landholding Agency: Interior Property Number: 41200330003 Status: Excess Property Number: 61200330002 Status: Unutilized Reason: Extensive deterioration Status: Unutilized Reason: Secured Area Reasons: Not accessible; Extensive Church Street Quarters (205) deterioration New Jersey Colonial National Park Yorktown Co: York VA 23690– Bldg. B–781 Bldg. 260 Landholding Agency: Interior National Park Coast Guard Training Center Property Number: 61200330009 Conservation Camp Cape May Co: NJ 08204– Status: Excess Rocky Mountain Co: Grand CO 80447– Landholding Agency: Coast Guard Reason: Extensive deterioration Landholding Agency: Interior Property Number: 88200330001 Nelson Property Property Number: 61200330003 Status: Excess Colonial National Park Status: Unutilized Reasons: Secured Area; Extensive Yorktown Co: York VA 23690– Reasons: Not accessible; Extensive deterioration Landholding Agency: Interior deterioration Structure U02 Property Number: 61200330010 Bldg. B–852 Coast Guard Training Center Status: Excess National Park Cape May Co: NJ 08204– Reason: Extensive deterioration Conservation Camp Landholding Agency: Coast Guard Rocky Mountain Co: Grand CO 80447– Property Number: 88200330002 Unsuitable Properties Landholding Agency: Interior Status: Excess Buildings (by State) Property Number: 61200330004 Reason: Secured Area Virginia Status: Unutilized New York Reason: Not accessible Bldg. CG–2 (0S01) Bldg. 208 Wales Bldg. B–816 USCG CAMSLANT Brookhaven National Lab National Park Chesapeake Co: VA Rocky Mountain Co: Grand CO 80447– Upton Co: Suffolk NY 11973– Landholding Agency: Coast Guard Landholding Agency: Interior Landholding Agency: Energy Property Number: 88200330003 Property Number: 61200330005 Property Number: 41200330001 Status: Unutilized Status: Unutilized Status: Unutilized Reason: Secured Area Reason: Extensive deterioration Reason: Extensive deterioration Bldg. CG–6 (0S02) Wales Bldg. B–817 Bldg. 209 USCG CAMSLANT National Park Brookhaven National Lab Chesapeake Co: VA Rocky Mountain Co: Grand CO 80447– Upton Co: Suffolk NY 11973– Landholding Agency: Coast Guard Landholding Agency: Interior Landholding Agency: Energy Property Number: 88200330004 Property Number: 61200330006 Property Number: 41200330002 Status: Unutilized Status: Unutilized Status: Unutilized Reason: Secured Area Reason: Extensive deterioration Reason: Extensive deterioration Bldg. (0V02) Wales Bldg. B–818 Pennsylvania USCG CAMSLANT National Park Bldg. 106 Chesapeake Co: VA

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Landholding Agency: Coast Guard DEPARTMENT OF HOUSING AND 4. The Hispanic-Serving Institutions Property Number: 88200330005 URBAN DEVELOPMENT Assisting Communities program, under Status: Unutilized the Fiscal Year (FY) 2002 HUD [Docket No. FR–4837–D–09] Reasons: Secured Area; Extensive Appropriations Act (Public Law 107–73, deterioration 115 Stat. 651, approved November 26, Bldg. (0V03) Delegation of Authority to the Office of Policy Development and Research for 2001); USCG CAMSLANT 5. The Alaskan Native/Native Chesapeake Co: VA Administration of HUD’s Higher Landholding Agency: Coast Guard Education Programs Hawaiian Institutions Assisting Property Number: 88200330006 Communities program, under the FY AGENCY: Status: Unutilized Office of the Secretary, HUD. 2002 HUD Appropriations Act (Public Reasons: Secured Area; Extensive ACTION: Notice of delegation of Law 107–73, 115 Stat. 651, approved deterioration authority. November 26, 2001); 6. The Tribal Colleges and Washington SUMMARY: Through this notice, the Universities program, under the FY Barn Secretary of HUD delegates to the 2002 HUD Appropriations Act (Public Heart K Ranch Assistant Secretary for Policy Law 107–73, 115 Stat. 651, approved Near Thorp Co: Kittitas WA 98946– Development and Research the November 26, 2001). Landholding Agency: Interior authority to administer HUD’s higher Property Number: 61200330014 education programs. These programs are Section B. Authority to Redelegate Status: Unutilized the Community Development Work Reason: Extensive deterioration Subject to the authority excepted in Study program, the Community Section C, the authority granted in Garage/Shop Outreach Partnership Center program, Heart K Ranch Section A may be further redelegated in the Historically Black Colleges and Near Thorp Co: Kittitas WA 98946– accordance with a written redelegation Universities program, the Hispanic- Landholding Agency: Interior of authority. Property Number: 61200330015 Serving Institutions Assisting Status: Unutilized Communities program, the Alaskan Section C. Authority Excepted Reason: Extensive deterioration Native/Native Hawaiian Institutions The authority granted under Section 1-Stall Garage Assisting Communities program, and A does not include the authority to sue Heart K Ranch the Tribal Colleges and Universities and be sued. The redelegation authority Near Thorp Co: Kittitas WA 98946– program. granted under Section B does not Landholding Agency: Interior EFFECTIVE DATE: July 9, 2003. Property Number: 61200330016 include the authority to issue or waive Status: Unutilized FOR FURTHER INFORMATION CONTACT: regulations. Christopher D. Lord, Deputy Assistant Reason: Extensive deterioration Section D. Delegations Revoked Residence Secretary for Policy Development and Heart K Ranch Research, 451 Seventh Street, SW., This delegation supersedes and Near Thorp Co: Kittitas WA 98946– Room 8108, Washington, DC 20410– revokes all prior delegations from the Landholding Agency: Interior 6000, telephone (202) 708–3896. Secretary concerning the authority to Property Number: 61200330017 Persons with hearing or speech administer the six programs listed in Status: Unutilized impairments may call HUD’s TTY this delegation. Reason: Extensive deterioration number at (202) 708–1455 or the Federal Authority: Section 7(d), Department of Storage Information Relay Service’s TTY Housing and Urban Development Act (42 Heart K Ranch number at (800) 877–8339. Other than U.S.C. 3535(d)). Near Thorp Co: Kittitas WA 98946– the ‘‘800’’, the telephone and TTY Dated: July 9, 2003. Landholding Agency: Interior numbers listed are not toll-free. Property Number: 61200330018 Mel Martinez, Status: Unutilized Section A. Authority Delegated Secretary. Reason: Extensive deterioration The Secretary of HUD delegates to the [FR Doc. 03–18183 Filed 7–17–03; 8:45 am] Residence No. 50 Assistant Secretary for Policy BILLING CODE 4210–32–P 1807 Rest Haven Road Development and Research the Yakima Co: WA 98901– authority to administer the following Landholding Agency: Interior programs, including the authority to DEPARTMENT OF HOUSING AND Property Number: 61200330019 URBAN DEVELOPMENT Status: Unutilized issue and waive regulations for these Reason: Extensive deterioration programs: [Docket No. FR–4837–D–10] 1. The Community Development Cow Barn 1807 Rest Haven Road Work Study program, section 107(c) of Delegation of Authority for Rural Yakima Co: WA 98901– Title I of the Housing and Community Housing and Economic Development Landholding Agency: Interior Development Act of 1974 (42 U.S.C. Grants Awarded to Indian Tribes and Property Number: 61200330020 5307(c)); Tribal Entities Status: Unutilized 2. The Community Outreach Reason: Extensive deterioration Partnership Center program, within the AGENCY: Office of the Secretary, HUD. Chicken Coop Community Outreach Partnership Act of ACTION: Notice of delegation of 1807 Rest Haven Road 1992 (42 U.S.C. 5307 note), and section authority. Yakima Co: WA 98901– 107 of the Housing Development Act of Landholding Agency: Interior 1974 (42 U.S.C. 5307(b)(3)); SUMMARY: In this notice, the Secretary Property Number: 61200330021 3. The Historically Black Colleges and delegates to the Assistant Secretary for Status: Unutilized Universities program, under section Public and Indian Housing the authority Reason: Extensive deterioration 107(b)(3) of the Housing and to administer Rural Housing and [FR Doc. 03–17856 Filed 7–17–03; 8:45 am] Community Development Act of 1974 Economic Development (RHED) grants BILLING CODE 4210–29–M (42 U.S.C. 5307(b)(3)); awarded to Indian tribes and tribal

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entities by HUD’s Office of Community Dated: July 9, 2003. Section B. Authority Excepted Planning and Development. Mel Martinez, The authority delegated in Section A EFFECTIVE DATE: July 9, 2003. Secretary. does not include the authority to sue [FR Doc. 03–18184 Filed 7–17–03; 8:45 am] FOR FURTHER INFORMATION CONTACT: and be sued. Edward Fagan, Office of Native BILLING CODE 4210–32–P Section C. Authority to Redelegate American Programs, Office of Public The authority delegated in Section A and Indian Housing, Department of DEPARTMENT OF HOUSING AND may be redelegated to employees of the Housing and Urban Development, 451 URBAN DEVELOPMENT Department through written Seventh Street, SW., Room 4126, redelegations of authority, except for the Washington DC 20410–5000; telephone authority to issue and waive regulations. (202) 401–7914. (This is not a toll-free [Docket No. FR–4837–D–14] Authority: Section 7(d), Department of number.) For those needing assistance, Delegation of Authority for Native this number may be accessed through Housing and Urban Development Act (42 Hawaiian Housing Block Grant U.S.C. 3535(d)). TTY by calling the toll-free Federal Program Information Relay Service at 1–800– Dated: July 7, 2003. 877–8339. AGENCY: Office of the Secretary, HUD. Mel Martinez, Secretary. SUPPLEMENTARY INFORMATION: The Rural ACTION: Notice of delegation of Housing and Economic Development authority. [FR Doc. 03–18185 Filed 7–17–03; 8:45 am] (RHED) program provides funding to BILLING CODE 4210–32–P Indian tribes, state housing finance SUMMARY: In this notice, the Secretary agencies, state community and/or delegates to the Assistant Secretary for DEPARTMENT OF HOUSING AND economic development agencies, local Public and Indian Housing the authority URBAN DEVELOPMENT rural nonprofits, and community to administer the Native Hawaiian development corporations to support Housing Block Grant program. [Docket No. FR–4837–D–15] innovative housing and economic EFFECTIVE DATE: July 7, 2003. development activities in rural areas. FOR FURTHER INFORMATION CONTACT: Delegation of Authority for the Section The program is authorized in annual Sherone Ivey, Office of Native American 184 Indian Housing Loan Guarantee HUD appropriations acts and was Programs, Office of Public and Indian Program originally authorized in the Fiscal Year Housing, Department of Housing and AGENCY: Office of the Secretary, HUD. (FY) 1998 HUD Appropriation Act (Pub. Urban Development, 451 Seventh Street, ACTION: Notice of delegation of L. 105–65, 111 Stat. 1344, 1357, SW., Room 4126, Washington DC authority. approved Oct. 27, 1997). The RHED 20410–5000; telephone (202) 401–7914. program is administered by the (This is not a toll-free number.) For SUMMARY: In this notice, the Secretary Assistant Secretary for Community those needing assistance, this number delegates the authority to administer the Planning and Development. Because the may be accessed through TTY by calling Section 184 Indian Housing Loan Office of Native American Programs is the toll-free Federal Information Relay Guarantee program to the Assistant in the Office of Public and Indian Service at 1–800–877–8339. Secretary for Public and Indian Housing, the authority for management SUPPLEMENTARY INFORMATION: The Housing. of RHED grants awarded to Indian tribes Native Hawaiian Housing Block Grant EFFECTIVE DATE: July 7, 2003. and tribal entities by the Office of (NHHBG) program was created by FOR FURTHER INFORMATION CONTACT: Community Planning and Development section 203 of Title II of the Omnibus Edward Fagan, Office of Native is delegated to the Assistant Secretary Indian Advancement Act (Public Law American Programs, Office of Public for Public and Indian Housing as 106–568, 114 Stat. 2876, approved and Indian Housing, Department of follows: December 27, 2000) and section 513 of Housing and Urban Development, 451 Section A. Authority Delegated the American Homeownership and Seventh Street, SW., Room 4126, Economic Opportunity Act of 2000 Washington, DC 20410–5000; telephone The Secretary of HUD delegates to the (Public Law 106–569, 114 Stat. 2969, (202) 401–7914. (This is not a toll-free Assistant Secretary for Public and approved December 27, 2000), which number.) For those needing assistance, Indian Housing the authority to amended the Native American Housing this number may be accessed through administer RHED grants awarded to Assistance and Self-Determination Act TTY by calling the toll-free Federal Indian tribes and tribal entities. of 1996 (25 U.S.C. 4101 et seq.) by Information Relay Service at 1–800– Section B. Authority Excepted adding a new Title VIII. The objective of 877–8339. the NHHBG program is to provide SUPPLEMENTARY INFORMATION: The The authority delegated under Section housing block grants to fund affordable Section 184 Indian Housing Loan A does not include the authority to sue housing activities for native Hawaiians. Guarantee program is authorized by and be sued, or the authority to issue or This notice delegates the authority to Section 184 of the Housing and waive regulations for the RHED administer the NHHBG program to the Community Development Act of 1992 program. Assistant Secretary for Public and (12 U.S.C. 1715z–13a). The purpose of Section C. Authority to Redelegate Indian Housing. this program is to provide Indian families, Indian housing authorities, and Section A. Authority Delegated The authority delegated under Section Indian tribes with access to sources of A may be further redelegated to The Secretary of HUD delegates to the private financing. employees of the Department through Assistant Secretary for Public and This notice delegates the authority to written redelegations of authority. Indian Housing the authority to administer the Section 184 Indian Authority: Section 7(d), Department of administer the NHHBG program, Housing Loan Guarantee program to the Housing and Urban Development Act (42 including the authority to issue and Assistant Secretary for Public and U.S.C. 3535(d)). waive regulations. Indian Housing.

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Section A. Authority Delegated may be accessed through TTY by calling 205(f)(2) of the Secure Rural Schools The Secretary of HUD delegates to the the toll-free Federal Information Relay and Community Self-Determination Act Assistant Secretary for Public and Service at 1–800–877–8339. of 2000, Public Law 106–393 (the Act). SUPPLEMENTARY INFORMATION: The Indian Housing the authority to SUMMARY: The BLM Coos Bay District Section 184A Loan Guarantee Program administer the Section 184 Indian RAC will be meeting on August 15, 2003 for Native Hawaiian Housing is Housing Loan Guarantee program under from 9 a.m. until 4 p.m. at the BLM authorized by Section 184A of the Section 184 of the Housing and Coos Bay District Office. The Coos Bay Housing and Community Development Community Development Act of 1992 District Office is located at 1300 Airport (12 U.S.C. 1715z–13a), including the Act of 1992 (12 U.S.C. 1715z–13b). The Lane in North Bend, Oregon. The authority to issue and waive regulations. purpose of the program is to provide purpose of this meeting will be for the Native Hawaiian families with greater Section B. Authority Excepted RAC to review and recommend project access to private mortgage resources proposals for funding. The authority delegated under Section through federal loan guarantees to FOR FURTHER INFORMATION CONTACT: Sue A does not include the power to sue and lenders. This notice delegates the Richardson, District Manager, at (541) be sued. authority to administer the Section 756–0100 or Glenn Harkleroad, District 184A Loan Guarantee Program for Section C. Authority to Redelegate Restoration Coordinator, at (541) 751– Native Hawaiian Housing to the 4361 or [email protected]. The authority delegated in Section A Assistant Secretary for Public and The mailing address for the BLM Coos may be redelegated to employees of the Indian Housing. Department through written delegations Bay District Office is 1300 Airport Lane, of authority, except for the authority to Section A. Authority Delegated North Bend, Oregon 97459. issue and waive regulations. The Secretary of HUD delegates to the SUPPLEMENTARY INFORMATION: Assistant Secretary for Public and Additional information about the Coos Section D. Authority Revoked Indian Housing the authority to Bay RAC agenda can be found at http:/ All prior delegations of authority administer the Section 184A Loan /www.or.blm.gov/coosbay. A meeting concerning the Section 184 Indian Guarantee Program for Native Hawaiian agenda will be posted at this site as the Housing Loan Guarantee program are Housing under Section 184A of the meeting date nears. revoked, including but not limited to, Housing and Community Development Sue E. Richardson, the delegation of authority published on Act of 1992 (12 U.S.C. 1715z–13b), Coos Bay District Manager. September 26, 1994 (59 FR 491234). including the authority to issue and [FR Doc. 03–18335 Filed 7–17–03; 8:45 am] waive regulations. Authority: Section 7(d), Department of BILLING CODE 4310–33–P Housing and Urban Development Act (42 Section B. Authority Excepted U.S.C. 3535(d)). The authority delegated under Section Dated: July 7, 2003. DEPARTMENT OF THE INTERIOR A does not include the power to sue and Mel Martinez, be sued. Secretary. Bureau of Land Management [FR Doc. 03–18186 Filed 7–17–03; 8:45 am] Section C. Authority to Redelegate [OR–957–00–1420–BJ: GP03–0199] BILLING CODE 4210–32–P The authority delegated in Section A may be redelegated to employees of the Filing of Plats of Survey: Oregon/ Department in accordance with a Washington DEPARTMENT OF HOUSING AND written redelegation of authority, except AGENCY: Bureau of Land Management, URBAN DEVELOPMENT the authority to issue or waive Interior. [Docket No. FR–4837–D–17] regulations. ACTION: Notice. Authority: Section 7(d), Department of Delegation of Authority With Respect Housing and Urban Development Act (42 SUMMARY: The plats of survey of the to the Section 184A Loan Guarantee U.S.C. 3535(d)). following described lands were officially filed in the Oregon State Program for Native Hawaiian Housing Dated: July 7, 2003. Office, Portland, Oregon, on March 17, AGENCY: Office of the Secretary, HUD. Mel Martinez, 2003. ACTION: Notice of delegation of Secretary. authority. [FR Doc. 03–18187 Filed 7–17–03; 8:45 am] Willamette Meridian BILLING CODE 4210–32–P Washington SUMMARY: In this notice, the Secretary T. 23 N., R. 13 W., accepted February 10, delegates the authority to administer the 2003 Section 184A Loan Guarantee Program DEPARTMENT OF THE INTERIOR T. 30 N., R. 30 E., accepted February 10, for Native Hawaiian Housing to the 2003 Assistant Secretary for Public and Bureau of Land Management The plats of survey of the following Indian Housing. described lands were officially filed in the EFFECTIVE DATE: July 7, 2003. [OR 120 5882 CD99; 3–0195] Oregon State Office, Portland, Oregon, May 5, 2003. FOR FURTHER INFORMATION CONTACT: Notice of Public Meeting, Coos Bay Oregon Sherone Ivey, Office of Native American Resource Advisory Committee Meeting T. 34 S., R. 7 W., accepted March 21, 2003 Programs, Office of Public and Indian T. 15 S., R. 6 W., accepted April 18, 2003 Housing, Department of Housing and AGENCY: Bureau of Land Management, T. 33 S., R. 11 W., accepted April 29, 2003 Urban Development, 451 Seventh Street, Interior. T. 33 S., R. 10 W., accepted April 29, 2003 SW., Room 4126, Washington DC ACTION: Notice of Bureau of Land T. 34 S., R. 11 W., accepted April 29, 2003 20410–5000; telephone (202) 401–7914. Management (BLM) Coos Bay District T. 37 S., R. 2 E., accepted April 29, 2003 (This is not a toll-free number.) For Resource Advisory Committee (RAC) A copy of the plats may be obtained those needing assistance, this number Meeting as identified in Section from the Public Room at the Oregon

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State Office, Bureau of Land Stiltsville also may serve as a visitor and Dated: June 11, 2003. Management, 333 SW 1st Avenue, interpretive center, research facilities, William W. Schenk, Portland, Oregon 97204, upon required an artist-in-residence dwelling, meeting Regional Director, Southeast Region. payment. A person or party who wishes space, and a satellite park office that [FR Doc. 03–18205 Filed 7–17–03; 8:45 am] to protest against a survey must file a will provide for NPS presence in the BILLING CODE 4310–LG–P notice that they wish to protest (at the northern portion of the park. above address) with the State Director, The full ROD includes a statement of Bureau of Land Management, Portland, DEPARTMENT OF THE INTERIOR the decision made, synopses of other Oregon. For further information contact: Chief, alternatives considered, the rationale for National Park Service; Branch of Cadastral Survey, Bureau of the decision, a description of the Land Management, (333 SW 1st environmentally preferred alternative, a Statue of Liberty NM and Ellis Island, Avenue) P.O. Box 2965, Portland, determination of non-impairment of New York and New Jersey; Notice of Oregon 97208. park resources and values, a listing of Availability of Draft Environmental measures to minimize environmental Impact Statement; Correction Dated: June 17, 2003. harm, an overview of public Robert D. DeViney, Jr., SUMMARY: The Department published a involvement in the decision-making notice in the Federal Register of June Branch of Realty and Records Services. process, and a statement regarding [FR Doc. 03–18115 Filed 7–17–03; 8:45 am] 25, 2003, concerning the availability of section 7 of the Endangered Species Act. the Draft Environmental Impact BILLING CODE 4310–33–P Basis for Decision Statement (DEIS) for Ellis Island. The notice contained an incorrect date. DEPARTMENT OF THE INTERIOR In reaching its decision to select the FOR FURTHER INFORMATION CONTACT: preferred alternative, the NPS Thomas Dyer (212) 825–8950. National Park Service considered the purposes for which Correction Biscayne National Park was established, Environmental Statements; and other laws and policies that apply In the Federal Register of June 25, Availability: Biscayne National Park, to lands and waters in the park, such as 2003, Volume 68, Number 122, Page Florida. the NPS Organic Act, National 37862, the last paragraph, first sentence regarding the last date for receipt of AGENCY: National Park Service, Interior. Environmental Policy Act, and the NPS Management Policies. The NPS also written comments should read: ACTION: Notice of Availability of the Written comments may be sent to the Record of Decision for the Final General carefully considered public comments received during the planning process. Superintendent until September 12, Management Plan Amendment/ 2003. Environmental Impact Statement, To develop a preliminary preferred Dated: July 2, 2003. Biscayne National Park, Miami, Florida. alternative, the NPS evaluated three action alternatives that were reviewed Cynthia R. Garrett, SUMMARY: Pursuant to section 102 (2) (c) by the public as well as the required no- Acting Superintendent, Statue of Liberty NM of the National Environmental Policy action alternative. and Ellis Island, Northeast Region, National Act of 1969, the National Park Service Park Service. (NPS) announces the availability of the DATES: The Record of Decision for the [FR Doc. 03–18204 Filed 7–17–03; 8:45 am] Record of Decision for the Final General Final General Management Plan BILLING CODE 4310–GE–P Management Plan Amendment/ Amendment and Environmental Impact Environmental Impact Statement for Statement for Biscayne National Park Biscayne National Park. On June 11, was signed by the Director, Southeast DEPARTMENT OF THE INTERIOR 2003, the Director, Southeast Region, Region for the NPS on June 11, 2003. National Park Service approved the Record of Decision for the ADDRESSES: Copies of the Record of Final General Management Plan Decision are available from the Announcement of Subsistence Amendment and Environmental Impact Superintendent, Biscayne National Park, Resource Commission Meeting Statement for Biscayne National Park. The purpose of the Record of Decision PO Box 1369, Homestead, Florida AGENCY: National Park Service, Interior. 33090–1369. Copies can also be (ROD) is to document the NPS selection SUMMARY: Notice is hereby given in of the preferred alternative for the Final obtained from: Division of Planning and accordance with the Federal Advisory General Management Plan Amendment Compliance, Southeast Regional Office, Committee Act that a meeting of the and Environmental Impact Statement. National Park Service, Attention: David Aniakchak National Monument Park The plan is designed to create a strategy Libman, 100 Alabama Street, 1924 Subsistence Resource Commission will for preserving and managing the seven Building, Atlanta, Georgia 30303, be held at Port Heiden, Alaska. The structures collectively known as Telephone: 404–562–3124, ext. 685. purpose of the meeting will be to ‘‘Stiltsville’’ that are built on pilings in FOR FURTHER INFORMATION CONTACT: continue work on National Park Service the northern reaches of Biscayne Bay. Superintendent, Biscayne National Park, subsistence hunting program Under Alternative A, the selected 305–230–1144, ext. 3002. recommendations including other alternative, a non-profit organization related subsistence management issues. would be created along with an SUPPLEMENTARY INFORMATION: A copy of The meeting will be open to the public. appropriate agreement with the NPS the Record of Decision on the Final Any person may file with the and other groups for the management General Management Plan Amendment Commission a written statement and use of the Stiltsville structures. The for Biscayne National Park can be concerning the matters to be discussed. Stiltsville organization would obtained via the Internet by visiting the The Subsistence Resource rehabilitate the buildings to support NPS Web site at http:// Commissions are authorized under Title education and interpretation www.planning.den.nps.gov/ or by VIII, section 808, of the Alaska National opportunities. Under this alternative, calling 404–562–3124, ext. 685. Interest Lands Conservation Act, Public

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Law 96–487, and operation in DEPARTMENT OF THE INTERIOR Dated: June 26, 2003. accordance with the provisions of the Maria Burks, Federal Advisory Committee Act. National Park Service Superintendent. DATES: The meeting will be on Cape Cod National Seashore, South [FR Doc. 03–18195 Filed 7–17–03; 8:45 am] September 22 and 23, 2003, from 9 a.m. Wellfleet, MA; Cape Cod National BILLING CODE 4310–WV–M to 4 p.m. at the Port Heiden Community Seashore Advisory Commission Two Center, Port Heiden, Alaska. Hundred Forty-Third Meeting; Notice of DEPARTMENT OF THE INTERIOR In accordance with 41 CFR 102–3.150, Meeting we may provide less than 15 days notice National Park Service in the Federal Register to convene the Notice is hereby given in accordance Commission prior to the September 29, with the Federal Advisory Committee Announcement of Denali National Park 2003, Bristol Bay Regional Council Act, Public Law 92–463, 86 Stat. 770, 5 Subsistence Resource Commission meeting. U.S.C. App 1, section 10, that a meeting Meeting of the Cape Cod National Seashore FOR FURTHER INFORMATION CONTACT: Advisory Commission will be held on AGENCY: National Park Service, Interior. Mary McBurney, Subsistence Manager September 26, 2003. SUMMARY: Notice is hereby given in at (907) 257–2633. accordance with the Federal Advisory The Commission was reestablishment Committee Act that a meeting of the SUPPLEMENTARY INFORMATION: Notice of pursuant to Public Law 87–126 as Denali National Park Subsistence this meeting will be published in local amended by Public Law 105–280. The Resource Commission will be held at newspapers and announced on local purpose of the Commission is to consult Cantwell, Alaska. The purpose of the radio stations prior to the meeting dates. with the Secretary of the Interior, or his meeting will be to continue work on Locations and dates may need to be designee, with respect to matters National Park Service subsistence changed based on weather or local relating to the development of Cape Cod hunting program recommendations circumstances. The following agenda National Seashore, and with respect to including other related subsistence items will be discussed: carrying out the provisions of sections 4 management issues. The meeting will be 1. Call to order (SRC Chair). and 5 of the Act establishing the open to the public. Any person may file 2. Roll Call and Confirmation of Seashore. with the Commission a written Quorum. The Commission members will meet statement concerning the matters to be 3. SRC Chair and Superintendent’s at 1 p.m. at Headquarters, Marconi discussed. Welcome and Introductions. Station, Wellfleet, Massachusetts for the The Subsistence Resource regular business meeting to discuss the Commission is authorized under Title 4. Review Commission Purpose and following: VIII, section 808, of the Alaska National Status of Membership. 1. Adoption of Agenda. Interest Lands Conservation Act, Public 5. Review and Adopt Agenda. Law 96–487, and operates in accordance 2. Approval of minutes of previous 6. Review and adopt minutes from last with the provisions of the Federal meeting (May 30, 2003). meeting. Advisory Committee Act. 3. Reports of Officers. 7. Superintendent’s Report. DATES: The meeting will on August 20, 8. Update SRC Chair’s Workshop— 4. Reports of Subcommittees, 2003, 9 a.m. to 5 p.m., at the October 21, 2003. Nickerson Fellowship Subcommittee. Community Hall, Cantwell, Alaska. 5. Superintendent’s Report, Salt Pond In accordance with 41 CFR 102–3.150, 9. Update—Review Federal Subsistence we may provide less than 15 days notice Board Wildlife Proposals. Visitor Center, Mary Chase Salt Marsh Project, Highlands Center, UMass/NPS in the Federal Register to convene the 10. Update—Review Federal Outer Cape Study, Zoning, Penniman Commission prior to the October 7, Subsistence Board Fisheries House, Dune Shack Update, News from 2003, South-central Regional Advisory Proposals. Washington. Council meeting. 11. Develop comments for Federal 6. Old Business, Invasive Species. FOR FURTHER INFORMATION CONTACT: Subsistence Board Proposals. Hollis Twitchell, Subsistence and 7. New Business. 12. Review Status of Subsistence Cultural Resources Manager at (907) Hunting Program Recommendations. 8. Date and agenda for next meeting. 683–9544 or (907) 455–0673. 13. Public and agency comments. 9. Public comment and. SUPPLEMENTARY INFORMATION: Notice of 14. Set time and place of next SRC 10. Adjournment. this meeting will be published in local newspapers and announced on local meeting. The meeting is open to the public. It radio stations prior to the meeting dates. is expected that 15 persons will be able 15. Adjournment. Locations and dates may need to be to attend the meeting in addition to Draft minutes of the meeting will be changed based on weather or local Commission members. available for public inspection circumstances. The following agenda approximately six weeks after the Interested persons may make oral/ items will be discussed: meeting from: Superintendent, written presentations to the Commission 1. Call to order (SRC Chair). Aniakchak National Monument and during the business meeting or file 2. Roll Call and Confirmation of Preserve, PO Box 4230, University Drive written statements. Such requests Quorum. #311, Anchorage, AK 99508. Telephone should be made to the park 3. SRC Chair and Superintendent’s (907) 271–3751. superintendent at least seven days prior Welcome and Introductions. to the meeting. Further information 4. Review and adopt minutes from last Marcia Blaszak, concerning the meeting may be obtained meeting. Deputy Regional Director, Alaska. from the Superintendent, Cape Cod 5. Additions and corrections to draft [FR Doc. 03–18201 Filed 7–17–03; 8:45 am] National Seashore, 99 Marconi Site agenda. BILLING CODE 4312–H7–P Road, Wellfleet, MA 02667. 6. Public and other agency comments.

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7. Denali Backcountry Management Dated: June 11, 2003. 5. Review and Adopt Agenda. Plan. Geraldine K. Bell, 6. Review and adopt minutes from last 8. Cantwell Resident Zone Hunting Plan Superintendent, Kaloko-Honokohau National meeting. Recommendation. Historical Park. 7. Superintendent’s Report. 9. North Access Studies. [FR Doc. 03–18196 Filed 7–17–03; 8:45 am] 8. Update SRC Chairs Workshop— October 21, 2003. 10. Federal Subsistence Board. BILLING CODE 4312–GH–M 9. Update—Review Federal Subsistence a. Review actions taken on Wildlife Board—Wildlife Proposals. Proposals ‘‘ May 2003. DEPARTMENT OF THE INTERIOR 10. Update—Review Federal b. Call for Wildlife Proposals for 2004 Subsistence Board—on Fisheries ‘‘2005. National Park Service Proposals. c. Federal Fisheries Proposals— 11. Develop Subsistence Hunting update. Announcement of Lake Clark National Program Recommendations d. Customary Trade Park Subsistence Resource 12. Public and agency comments. 11. Alaska Board Game actions. Commission Meeting 13. Set time and place of next SRC 12. Subsistence Community Use Profiles meeting. AGENCY: and Traditional Knowledge studies. National Park Service, Interior. 14. Adjournment. 13. Closing public and agency SUMMARY: Notice is hereby given in Draft minutes of the meeting will be comments. accordance with the Federal Advisory available for public inspection 14. Set time and place of next Denali Committee Act that a meeting of the approximately six weeks after the National Park SRC meeting. Lake Clark National Park Subsistence meeting from: Superintendent, Lake Resource Commission will be held at 15. Adjournment. Clark National Park and Preserve, PO Nondalton, Alaska. The purpose of the Box 4230, University Drive #311, Draft minutes of the meeting will be meeting will be to continue work on Anchorage, AK 99508. available for public inspection National Park Service subsistence approximately six weeks after the hunting program recommendations Marcia Blaszak, meeting from: Superintendent, Denali including other related subsistence Deputy Regional Director, Alaska. National Park and Preserve, P.O. Box 9, management issues. The meeting will be [FR Doc. 03–18199 Filed 7–17–03; 8:45 am] Denali Park, AK 99755. open to the public. Any person may file BILLING CODE 4312–HT–P Marcia Blaszak, with the Commission a written statement concerning the matters to be Deputy Regional Director, Alaska. DEPARTMENT OF THE INTERIOR [FR Doc. 03–18202 Filed 7–17–03; 8:45 am] discussed. The Subsistence Resource BILLING CODE 4312–H7–P Commission is authorized under Title National Park Service VIII, section 808, of the Alaska National National Historic Landmarks Survey; DEPARTMENT OF THE INTERIOR Interest Lands Conservation Act, Public Notice of Draft Additional Law 96–487, and operates in accordance Documentation for San Luis de National Park Service with the provisions of the Federal Apalache National Historic Landmark, Advisory Committee Act. Leon County, FL Kaloko-Honokohau National Historical DATES: The meeting will on September Park Advisory Commission; Notice of 25, 2003, 10 a.m. to 4 p.m., at the The National Historic Landmarks Meeting Nondalton Community Hall, Nondalton, Survey solicits comments on draft Alaska. additional documentation that has been Notice is hereby given in accordance In accordance with 41 CFR 102–3.150, prepared for San Luis de Apalache with the Federal Advisory Committee we may provide less than 15 days notice National Historic Landmark. The Act that a meeting of the Na Hoapili O in the Federal Register to convene the additional documentation presents Kaloko Honokohau, Kaloko-Honokohau Commission prior to the September 29, findings from recent research and National Historical Park Advisory 2003, Bristol Bay Regional Council provides a more detailed history of the Commission will be held at 9 a.m., meeting. site than was included in the original August 8, 2003 at Kaloko-Honokohau landmark nomination form. In addition, FOR FURTHER INFORMATION CONTACT: National Historical Park Headquarters, the additional documentation proposes 73–4786 Kanalani St. Suite 14, Kailua- Mary McBurney, Subsistence Manager to change the name of the landmark. Kona, Hawaii. at (907) 257–2633. When the property was designated a The agenda will include Finalized SUPPLEMENTARY INFORMATION: Notice of landmark on October 9, 1960, the proper Location of Canoe Halau, Preliminary this meeting will be published in local name was unknown. Research has since Plans for Live-In Education Center, and newspapers and announced on local determined that the property was Educational Programs of the Live-In radio stations prior to the meeting dates. known as San Luis de Talimali, which Education Center. Locations and dates may need to be the additional documentation proposes The meeting is open to the public. changed based on weather or local to make the official name. Minutes will be recorded for circumstances. The draft additional documentation documentation and transcribed for The following agenda items will be for San Luis de Apalache National dissemination. Minutes for the meeting discussed: Historic Landmark is available on the will be available to the public after 1. Call to order (SRC Chair). National Historic Landmarks Survey approval of the full Advisory 2. Roll Call and Confirmation of Web site at: http://www.cr.nps.gov/nhl/ Commission. Transcripts will be Quorum. sanluis.pdf. available after 30 days of the meeting. 3. SRC Chair and Superintendent’s Comments on the proposed draft For copies of the minutes, contact Welcome and Introductions. additional documentation will be Kaloko-Honokohau National Historical 4. Review Commission Purpose and received for 45 days from the date of Park at (808) 329–6881. Status of Membership. this notice. Please send written

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comments to Carol D. Shull, Chief, KANSAS Summit County National Historic Landmarks Survey, Barton County Main—Market Historic District, 15–47 N. National Register, History and Main St., 1–39 S. Main St., 39–168 E. Education, National Park Service, 1849 Wolf Park Band Shell, Lots 12 and 13, Block Market St., 18–42 N. High St., 70 Broadway 2, 200 Blk of N. Main, Ellinwood, St., Akron, 03000719 C Street, NW., (2280), Washington, DC 03000706 20240, Attention: Daniel Vivian (phone: PENNSYLVANIA 202–354–2252; fax: 202–371–2229; Douglas County Luzerne County e-mail: [email protected]). Vinland Presbyterian Church, 697 E. 1725 Rd., Baldwin, 03000707 St. John the Evangelist Roman Catholic Carol D. Shull, Church and School Building, 419 N. Main Chief, National Historic Landmarks Survey, KENTUCKY St., Wilkes-Barre, 03000721 National Register, History and Education. Allen County Montgomery County [FR Doc. 03–18198 Filed 7–17–03; 8:45 am] Big Spring School—Oliver Farmstead, 3293 Jefferson Elementary School, Beech and BILLING CODE 4312–51–P and 3109 Big Springs Rd., Settle, 03000712 Warren Sts., Pottstown, 03000723 Clinton County Philadelphia County DEPARTMENT OF THE INTERIOR Noland, Jesse, House, RR1 KY 969, Albany, Class and Nachod Brewery, 1801–1823 N. 03000711 10th St., Philadelphia, 03000724 National Park Service General Stores and Mold Loft Building— Fulton County Harriman Yard of the Merchant National Register of Historic Places; Fulton Downtown Historic District, Park of Shipbuilding Corporation, 1414 Radcliffe Notification of Pending Nominations Carr, Commercial, Lake, Main and Walnut St., Bristol Borough, 03000722 Sts., Fulton, 03000710 N. Sneilenburg Company Department Store Nominations for the following Warehouse, 1825–1851 N. 10th St., Jefferson County properties being considered for listing Philadelphia, 03000725 Howard—Hardy House, 429 S. Second St., in the National Register were received TENNESSEE by the National Park Service before June Louisville, 03000709 21, 2003. Ohio County Davidson County Pursuant to section 60.13 of 36 CFR Rosine General Store and Barn, 8205 Blue West End High School, 3529 West End Ave., part 60 written comments concerning Moon of KY—US 62, Rosine, 03000708 Nashville, 03000726 the significance of these properties TEXAS under the National Register criteria for LOUISIANA evaluation may be forwarded by United Tangipahoa Parish Hunt County Mayo Hall, Monroe and Stonewall Sts., States Postal Service, to the National Tangipahoa School, Jct. of Jackson and Commerce, 03000727 Register of Historic Places, National Tarpley Sts., Tangipahoa, 03000705 Park Service, 1849 C St., NW., 2280, A request for REMOVAL has been made for Washington, DC 20240; by all other MISSOURI the following resource: carriers, National Register of Historic Barry County KENTUCKY Places, National Park Service, 1201 Eye Cassbille Ranger Station Historic District, Hart County St. NW, 8th floor, Washington DC (Mark Twain National Forest MPS) MO Battle of Munfordville, (Boundary Increase) 20005; or by fax, 202–371–6447. Written 248, Cassville, 03000716 (Munfordville MRA), Mostly W of U.S. or faxed comments should be submitted Douglas County 31W near Munfordville, Munfordville by August 2, 2003. vicinity, 01001254 Ava Ranger Station Historic District, (Mark Carol D. Shull, Twain National Forest MPS) MO 5S, Ava, [FR Doc. 03–18206 Filed 7–17–03; 8:45 am] Keeper of the National Register of Historic 03000714 BILLING CODE 4312–51–P Places. Phelps County FLORIDA Rolla Ranger Station Historic District, (Mark DEPARTMENT OF THE INTERIOR Indian River County Twain National Forest MPS) Bridge School Road and Kingshighway, Rolla, 03000717 Jungle Trail, Bet. Old Winter Bch Rd. and FL National Park Service A–1–A on Orchid Island, Orchid, Shannon County National Register of Historic Places; 03000700 Winona Ranger Station Historic District, Notification of Pending Nominations Palm Beach County (Mark Twain National Forest MPS) Rte 1, MO 19N, Winona, 03000715 Osborne School, (Florida’s Historic Black Nominations for the following Public Schools MPS) 1718 S. Douglas St., Texas County properties being considered for listing Lake Worth, 03000701 Houston Ranger Station Historic District, in the National Register were received by the National Park Service before June Volusia County (Mark Twain National Forest MPS) 104 MO 63S, Houston, 03000713 28, 2003. Pursuant to section 60.13 of 36 DeLeon Springs Colored School, (Florida’s CFR part 60 written comments Historic Black Public Schools MPS) 330 E. NEW YORK concerning the significance of these Retta St., DeLeon Springs, 03000702 Orange City Colored School, (Florida’s Wyoming County properties under the National Register Historic Black Public Schools MPS) 200 E. Letchworth State Park, Genesee River Gorge criteria for evaluation may be forwarded Blue Springs Ave., Orange City, 03000703 Bet. Portageville and Mt. Morris, Genesse by United States Postal Service, to the Falls, 03000718 National Register of Historic Places, GEORGIA National Park Service, 1849 C St. NW, OHIO Bleckley County 2280, Washington, DC 20240; by all Cochran Municipal Building and School, Jct. Lawrence County other carriers, National Register of of Dykes St. and Second St., Cochran, Miller—Knight House, 2 Township Rd. 1046, Historic Places, National Park Service, 03000704 Miller, 03000720 1201 Eye St. NW, 8th floor, Washington

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DC 20005; or by fax, 202–371–6447. Suffolk Independent City East Suffolk known individuals were identified. No Written or faxed comments should be Complex, 231 S. 7th St., Suffolk associated funerary objects are present. submitted by August 2, 2003. (Independent City), 03000743 In 1924, human remains representing at least 16 individuals were removed Carol D. Shull, [FR Doc. 03–18207 Filed 7–17–03; 8:45 am] BILLING CODE 4312–51–P from burials at site CA-Ker-37, Kern Keeper of the National Register of Historic County, CA, by E.W. Gifford, and Places. donated to the Phoebe A. Hearst DISTRICT OF COLUMBIA DEPARTMENT OF THE INTERIOR Museum of Anthropology in the same District of Columbia year. No known individuals were National Park Service identified. The 117 associated funerary Chevy Chase Arcade, 5520 Connecticut Ave., objects are 6 textile bag fragments and Washington, 03000730 Notice of Inventory Completion: 111 olivella and clam shell beads. Square 1500, 4820, 4860, 4872, 4874, Phoebe A. Hearst Museum of Massachusetts Ave., and 4301 49th St. NW, Characteristics of the associated Washington, 03000731 Anthropology, University of California, funerary objects and nonfunerary Berkeley, Berkeley, CA objects removed from site CA-Ker-37 FLORIDA indicate that the burials date to the AGENCY: National Park Service, Interior. Indian River County Protohistoric period, the 200-year ACTION: Old Town Sebastian Historic District East, Notice. period prior to European contact in the mid-1700s, and to the Historic period. Main and Washington Sts., Riverside Dr., Notice is here given in accordance FEC Railroad, Sebastian, 03000728 In 1932, human remains representing with the Native American Graves Pinellas County at least five individuals, were removed Protection and Repatriation Act from burials at site CA-Ker-39, a mound Kenwood Historic District, Roughly bounded (NAGPRA), 25 U.S.C. 3003, of the site located on the shoreline of former by 9th Ave. N, 19th St. N, 1st Ave. N, 31st completion of an inventory of human Buena Vista Lake, Kern County, CA, by St. N, 5th Ave N, and 34th St. N, St. remains and associated funerary objects Petersburg, 03000729 Mr. and Mrs. W.D. Strong and W.R. in the possession of the Phoebe A. Wedel, and were donated to the Phoebe MINNESOTA Hearst Museum of Anthropology, A. Hearst Museum of Anthropology by Cook County University of California, Berkeley, W.R. Wedel in the same year. Two of Berkeley, CA. The human remains and the individuals are represented by hair. Cascade River Wayside, (Federal Relief associated funerary objects were Construction in Minnesota MPS) 2481 MN No known individuals were identified. 61, Cascade River State Park, 03000733 removed from six sites in Kern County, The six associated funerary objects are CA. Fillmore County one textile fragment and five shell This notice is published as part of the beads. Preston Overlook, (Federal Relief National Park Service’s administrative Characteristics of the associated Construction in Minnesota MPS) On MN responsibilities under NAGPRA, 25 52, Preston, 03000732 funerary objects and nonfunerary U.S.C. 3003 (d)(3). The determinations objects removed from site CA-Ker-39 NEW MEXICO within this notice are the sole indicate that the burials date to the Dona Ana County responsibility of the museum, Protohistoric period, the 200-year institution, or Federal agency that has period prior to European contact in the Phillips Chapel CME Church, 638 N. Tornillo control of the Native American human St., Las Cruces, 03000735 mid-1700s. remains and associated funerary objects. In 1933, human remains representing Otero County The National Park Service is not one individual were removed from a Alamogordo Woman’s Club, (New Mexico responsible for the determinations burial at site CA-Ker-40, a mound site Federation of Women’s Club Buildings in within this notice. located on the shoreline of former New Mexico MPS) SE corner of 12th St. An assessment of the human remains, Buena Vista Lake, Kern County, CA, by and Indiana Ave., Alamogordo, 03000734 and catalog records and associated W.D. Strong, and were donated to the UTAH documents relevant to the human Phoebe A. Hearst Museum of remains, was made by Phoebe A. Hearst Cache County Anthropology in the same year. No Museum of Anthropology professional known individual was identified. The Elite Hall, 98 W. Main St., Hyrum, 03000736 staff in consultation with human remains consist of hair adhering VERMONT representatives of the Picayune to the single associated funerary object, Rancheria of Chukchansi Indians of Orange County a fragment of brown cloth. California; Santa Rosa Indian In 1948, human remains representing Brock Hill Schoolhouse, (Educational Community of the Santa Rosa Resources of Vermont MPS) North Rd., one individual were removed from a Newbury, 03000738 Rancheria, California; Table Mountain burial at site CA-Ker-40, Kern County, Rancheria of California; Tule River CA, by H.S. Riddell and F.A. Riddell, Windham County Indian Tribe of the Tule River and were donated to the Phoebe A. Park Farm, (Agricultural Resources of Reservation, California; and Tuolumne Hearst Museum of Anthropology in the Vermont MPS) 26 Woodchuck Hill Rd., Band of Me-Wuk Rancheria of same year. No known individuals were Grafton, 03000737 California. identified. The two associated funerary VIRGINIA In 1922, human remains representing objects are stones. at least 26 individuals were removed Characteristics of the nonfunerary Alexandria Independent City from burials at site CA-Ker-37, a mound objects removed from site CA-Ker-40 Orange and Alexandria Railroad Hooff’s Run site located on the shoreline of former indicate that the burials date to the Bridge, Jamieson Ave. at Hooff’s Run, Goose Lake, Kern County, CA, by A. Protohistoric period, the 200-year Alexandria (Independent City), 03000740 Steinberger of McFarland, CA. The period prior to European contact in the Fairfax County human remains were donated to the mid-1700s. Washington’s, George, Gristmill, 5512 Mount Phoebe A. Hearst Museum of In 1924, human remains representing Vernon Memorial Hwy., Lorton, 03000739 Anthropology in the same year. No at least four individuals were removed

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from burials at site CA-Ker-50, a burial groups documents an oral history of The Phoebe A. Hearst Museum of site in Elk Hills, near the shoreline of continued habitation of an area Anthropology is responsible for former Buena Vista Lake, Kern County, encompassing Kern County, CA, that notifying the Picayune Rancheria of CA, by W.D. Strong, who donated these includes the Protohistoric and Historic Chukchansi Indians of California; Santa human remains to the Phoebe A. Hearst periods. Historical sources corroborate Rosa Indian Community of the Santa Museum of Anthropology in the same oral history. Modern descendants of Rosa Rancheria, California; Table year. No known individuals were Yokuts speakers are the Picayune Mountain Rancheria of California; Tule identified. The 51 associated funerary Rancheria of Chukchansi Indians of River Indian Tribe of the Tule River objects are fragments of the matting in California; Santa Rosa Indian Reservation, California; and Tuolumne which the human remains were Community of the Santa Rosa Band of Me-Wuk Rancheria of California wrapped at the time of burial, 1 lot of Rancheria, California; Table Mountain that this notice has been published. pinkish powder, 2 abalone ornaments, Rancheria of California; Tule River Dated: June 12, 2003. 33 shell beads, 4 bone tubes, 7 projectile Indian Tribe of the Tule River John Robbins, points, and 3 projectile point fragments. Reservation, California; and Tuolumne Characteristics of the associated Band of Me-Wuk Rancheria of Assistant Director, Cultural Resources. funerary objects and nonfunerary California. [FR Doc. 03–18208 Filed 7–17–01; 8:45 am] objects removed from site CA-Ker-50 Officials of the Phoebe A. Hearst BILLING CODE 4310–70–S indicate that this burial site was in use Museum of Anthropology have during the Protohistoric period, the 200- determined that, pursuant to 25 U.S.C. year period immediately prior to 3001 (9-10), the human remains DEPARTMENT OF THE INTERIOR European contact in the mid-1700s. described above represent the physical National Park Service In 1899, human remains representing remains of at least 77 individuals of at least nine individuals were removed Native American ancestry. Officials of Notice of Inventory Completion: San from burials at site CA-Ker-53, a the Phoebe A. Hearst Museum of Diego State University, San Diego, CA habitation and burial site near Anthropology also have determined Buttonwillow, Kern County, CA, by that, pursuant to 25 U.S.C. 3001 (3)(A), AGENCY: National Park Service, Interior. P.M. Jones, who donated the human the 226 objects described above are ACTION: Notice. remains to the Museum of Paleontology, reasonably believed to have been placed University of California, Berkeley in the with or near individual human remains Notice is here given in accordance same year. Some time prior to 1902, the at the time of death or later as part of with the Native American Graves Museum of Paleontology transferred the the death rite or ceremony. Lastly, Protection and Repatriation Act human remains to the Phoebe A. Hearst officials of the Phoebe A. Hearst (NAGPRA), 25 U.S.C. 3003, of the Museum of Anthropology. No known Museum of Anthropology have completion of an inventory of human individuals were identified. No determined that, pursuant to 25 U.S.C. remains in the possession of San Diego associated funerary objects are present. 3001 (2), there is a relationship of State University, San Diego, CA. The Characteristics of other objects shared group identity that can be human remains were removed from two removed from site CA-Ker-53 indicate reasonably traced between the Native sites in San Diego County, CA. that this settlement was inhabited American human remains and This notice is published as part of the during the Protohistoric period, the 200- associated funerary objects and the National Park Service’s administrative year period immediately prior to Picayune Rancheria of Chukchansi responsibilities under NAGPRA, 25 European contact in the mid-1700s. Indians of California; Santa Rosa Indian U.S.C. 3003 (d)(3). The determinations In 1949, human remains representing Community of the Santa Rosa within this notice are the sole at least 15 individuals were removed Rancheria, California; Table Mountain responsibility of the museum, from burials at site CA-Ker-74, located Rancheria of California; Tule River institution, or Federal agency that has on high ground a few miles southeast of Indian Tribe of the Tule River control of the Native American human the former shoreline of Tulare Lake, Reservation, California; and Tuolumne remains. The National Park Service is Kern County, CA, by members of the Band of Me-Wuk Rancheria of not responsible for the determinations California Archaeological Survey, and California. within this notice. were donated to the Phoebe A. Hearst Representatives of any other Indian A detailed assessment of the human Museum of Anthropology in the same tribe that believes itself to be culturally remains was made by San Diego State year. No known individuals were affiliated with the human remains and University professional staff in identified. The 49 associated funerary associated funerary objects should consultation with representatives of the objects are 35 shell beads, 12 glass contact C. Richard Hitchcock, NAGPRA Barona Group of Capitan Grande Band beads, and 2 abalone pendants. Coordinator, Phoebe A. Hearst Museum of Mission Indians of the Barona Characteristics of the associated of Anthropology, University of Reservation, California; Campo Band of funerary objects of Euroamerican origin California, Berkeley, Berkeley, CA Diegueno Mission Indians of the Campo indicate that the settlement was 94720, telephone (510) 642-6096, before Indian Reservation, California; Capitan inhabited between approximately 1810 August 18, 2003. Repatriation of the Grande Band of Diegueno Mission and 1860. human remains and associated funerary Indians of California; Cuyapaipe The burial contexts identify the objects to the Picayune Rancheria of Community of Diegueno Mission human remains removed from sites in Chukchansi Indians of California; Santa Indians of the Cuyapaipe Reservation, Kern County, CA, as being Native Rosa Indian Community of the Santa California; Inaja Band of Diegueno American. Linguistic evidence indicates Rosa Rancheria, California; Table Mission Indians of the Inaja and Cosmit that this region of California was Mountain Rancheria of California; Tule Reservation, California; Jamul Indian inhabited by Native American Yokuts River Indian Tribe of the Tule River Village of California; La Posta Band of speakers. Archeological research Reservation, California; and Tuolumne Diegueno Mission Indians of the La suggests that these burial and habitation Band of Me-Wuk Rancheria of California Posta Indian Reservation, California; sites date to a relatively late time period. may proceed after that date if no Manzanita Band of Diegueno Mission Consultation with present-day Yokuts additional claimants come forward. Indians of the Manzanita Reservation,

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California; Mesa Grande Band of California; Manzanita Band of Diegueno Indians of the Cuyapaipe Reservation, Diegueno Mission Indians of the Mesa Mission Indians of the Manzanita California; Inaja Band of Diegueno Grande Reservation, California; San Reservation, California; Mesa Grande Mission Indians of the Inaja and Cosmit Pasqual Band of Diegueno Mission Band of Diegueno Mission Indians of Reservation, California; Jamul Indian Indians of California; Santa Ysabel Band the Mesa Grande Reservation, Village of California; La Posta Band of of Diegueno Mission Indians of the California; San Pasqual Band of Diegueno Mission Indians of the La Santa Ysabel Reservation, California; Diegueno Mission Indians of California; Posta Indian Reservation, California; Sycuan Band of Diegueno Mission Santa Ysabel Band of Diegueno Mission Manzanita Band of Diegueno Mission Indians of California; Viejas (Baron Indians of the Santa Ysabel Reservation, Indians of the Manzanita Reservation, Long) Group of Capitan Grande Band of California; Sycuan Band of Diegueno California; Mesa Grande Band of Mission Indians of the Viejas Mission Indians of California; and Diegueno Mission Indians of the Mesa Reservation, California; and Kumeyaay Viejas (Baron Long) Group of Capitan Grande Reservation, California; San Cultural Repatriation Committee, Grande Band of Mission Indians of the Pasqual Band of Diegueno Mission authorized NAGPRA representative for Viejas Reservation, California. The Indians of California; Santa Ysabel Band the above tribes. Kumeyaay Cultural Repatriation of Diegueno Mission Indians of the In 1965, human remains representing Committee is the authorized NAGPRA Santa Ysabel Reservation, California; a minimum of one individual were representative for the above tribes. Sycuan Band of Diegueno Mission removed from an area located near the Representatives of any other Indian Indians of California; Viejas (Baron Carlton Hills Estates (SDSU-0102, 1965- tribe that believes itself to be culturally Long) Group of Capitan Grande Band of 3) in Santee, CA, during salvage surface affiliated with the human remains Mission Indians of the Viejas collections. No known individual was should contact Lynn Gamble, Ph.D., Reservation, California; and Kumeyaay identified. No associated funerary Director, Collections Management Cultural Repatriation Committee that objects are present. Program, San Diego State University, this notice has been published. Between 1977 and 1978, human 5500 Campanile Drive, San Diego, CA remains representing a minimum of one 92182-4443, telephone (619) 594-2305, Dated: June 19, 2003. individual were removed from the before August 18, 2003. Repatriation of John Robbins, Woodward site (SDSU-0015, CA-SDI- the human remains to the Kumeyaay Assistant Director, Cultural Resources. 5216) in Rancho Santa Fe, CA, during Cultural Repatriation Committee on [FR Doc. 03–18209 Filed 7–17–03; 8:45 am] excavations conducted by RECON, an behalf of the Barona Group of Capitan BILLING CODE 4310–70–S environmental cultural resource Grande Band of Mission Indians of the management firm in San Diego. No Barona Reservation, California; Campo known individual was identified. No Band of Diegueno Mission Indians of DEPARTMENT OF THE INTERIOR associated funerary objects are present. the Campo Indian Reservation, Bureau of Reclamation The individuals have been identified as California; Capitan Grande Band of Native American based on consultation Diegueno Mission Indians of California; DEPARTMENT OF ENERGY evidence and their geographic origin Cuyapaipe Community of Diegueno within the historically documented Mission Indians of the Cuyapaipe Federal Energy Regulatory territory of the Kumeyaay Indians. The Reservation, California; Inaja Band of Kumeyaay Indians are represented by Diegueno Mission Indians of the Inaja Commission the present-day Indian tribes that are and Cosmit Reservation, California; Battle Creek Salmon and Steelhead members of the Kumeyaay Cultural Jamul Indian Village of California; La Restoration Project, Tehama and Repatriation Committee. Posta Band of Diegueno Mission Indians Shasta Counties, CA Officials of San Diego State University of the La Posta Indian Reservation, have determined that, pursuant to 25 California; Manzanita Band of Diegueno AGENCIES: Bureau of Reclamation, U.S.C. 3001 (9-10), the human remains Mission Indians of the Manzanita Interior. Federal Energy Regulatory described above represent the physical Reservation, California; Mesa Grande Commission, Energy. remains of a minimum of two Band of Diegueno Mission Indians of ACTION: Notice of Availability of the individuals of Native American the Mesa Grande Reservation, Draft Environmental Impact Statement/ ancestry. Officials of San Diego State California; San Pasqual Band of Environmental Impact Report (EIS/EIR) University also have determined that, Diegueno Mission Indians of California; and notice of public workshop and pursuant to 25 U.S.C. 3001 (2), there is Santa Ysabel Band of Diegueno Mission notice of public hearing. a relationship of shared group identity Indians of the Santa Ysabel Reservation, that can be reasonably traced between California; Sycuan Band of Diegueno SUMMARY: The Bureau of Reclamation the Native American human remains Mission Indians of California; and (Reclamation), the lead Federal agency; and the Barona Group of Capitan Viejas (Baron Long) Group of Capitan the Federal Energy Regulatory Grande Band of Mission Indians of the Grande Band of Mission Indians of the Commission (FERC), a cooperating Barona Reservation, California; Campo Viejas Reservation, California may Federal agency; and the State Water Band of Diegueno Mission Indians of proceed after that date if no additional Resources Control Board (SWRCB), the the Campo Indian Reservation, claimants come forward. lead State agency, have made available California; Capitan Grande Band of San Diego State University is for public review and comment the Diegueno Mission Indians of California; responsible for notifying the Barona Draft EIS/EIR for the Battle Creek Cuyapaipe Community of Diegueno Group of Capitan Grande Band of Salmon and Steelhead Restoration Mission Indians of the Cuyapaipe Mission Indians of the Barona Project (Restoration Project). The Reservation, California; Inaja Band of Reservation, California; Campo Band of proposed CALFED-supported Diegueno Mission Indians of the Inaja Diegueno Mission Indians of the Campo Restoration Project would restore and Cosmit Reservation, California; Indian Reservation, California; Capitan approximately 42 miles of habitat in Jamul Indian Village of California; La Grande Band of Diegueno Mission Battle Creek and an additional 6 miles Posta Band of Diegueno Mission Indians Indians of California; Cuyapaipe of habitat in its tributaries, while of the La Posta Indian Reservation, Community of Diegueno Mission minimizing the loss of clean and

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renewable energy produced by the The Restoration Project would be • Bureau of Reclamation, Denver Battle Creek Hydroelectric Project accomplished through the modification Office Library, Building 67, Room 167, (Hydroelectric Project), owned and of Hydroelectric Project facilities and Denver Federal Center, 6th and Kipling, operated by Pacific Gas and Electric operations, including instream flow Denver, CO 80225, (303) 445–2072. Company (PG&E). releases. The Federal Power Act • Bureau of Reclamation, Office of DATES: Submit written comments on the establishes with FERC the exclusive Public Affairs, 2800 Cottage Way, Draft EIS/EIR on or before September authority to license nonfederal water- Sacramento, CA 95825–1898, (916) 978– power projects on navigable waterways 5100. 16, 2003 to both Ms. Mary Marshall and • Mr. Jim Canaday at the addresses below. and Federal lands. PG&E is required to Natural Resources Library, U.S. A public workshop will be held on file an application with FERC for an Department of the Interior, 1849 C Street Wednesday, July 23, 2003, from 6 p.m. amendment to PG&E’s existing license NW., Main Interior Building, to 8 p.m. at the address below to discuss to operate the hydropower facilities on Washington, DC 20240–0001. the purpose and content of the Draft Battle Creek that would be affected by Comments, including names and EIS/EIR. implementation of the proposed home addresses of respondents, will be As part of the National Environmental Restoration Project. PG&E will make made available for public review. Policy Act (NEPA), a public hearing will available for public review and Individual respondents may request that be held on Tuesday, August 12, 2003, comment its Draft License Amendment their home address be withheld from from 6 p.m. to 8 p.m. at the address Application at the same time as the public disclosure, which will be below. The purpose of the NEPA public Draft EIR/EIS. FERC intends to adopt honored to the extent allowable by law. hearing is to provide the public an the EIS to fulfill its NEPA requirements There may be circumstances in which opportunity to orally comment on the as part of its review of PG&E’s respondents’ identity may also be Draft EIS/EIR. Written comments will amendment application. FERC will withheld from public disclosure, as also be accepted at the public hearing. ensure that proposed changes in the allowable by law. If you wish to have Note that this public hearing is separate Hydroelectric Project comply with your name and/or address withheld, from and not associated with any NEPA prior to issuing the license you must state this prominently at the SWRCB hearings. amendment. beginning of your comment. All FERC licensing actions in California, submissions from organizations or ADDRESSES: The public workshop and including new licenses, license businesses and from individuals public hearing will be held at the amendments that potentially effect identifying themselves as Manton Joint Union Elementary School, water quality or designated beneficial representatives or officials of 31345 Forward Road, Manton, uses, and project relicensing, require organizations or businesses will be California. Federal Clean Water Act Section 401 made available for public disclosure in Written comments on the Draft EIS/ water quality certification from the their entirety. EIR should be addressed to both, Ms. SWRCB. SWRCB involvement in Clean Mary Marshall, Bureau of Reclamation, Dated: May 14, 2003. Water Act Section 401 certification is 2800 Cottage Way, Sacramento, CA John F. Davis, subject to compliance with the 95825 and Mr. Jim Canaday, State Water Deputy Regional Director, Mid-Pacific Region, California Environmental Quality Act. Resources Control Board, 1001 I Street, Bureau of Reclamation. The Draft EIS/EIR discusses the Sacramento, CA 95814. Dated: May 7, 2003. project purpose and need, project Copies of the Draft EIS/EIR may be Joseph D. Morgan, description, project background, and requested from Ms. Sammie Cervantes Director, Division of Hydropower related projects. The Draft EIS/EIR at 2800 Cottage Way, Sacramento, CA Administration and Compliance, Federal addresses the impacts of project 95825, or by calling (916) 978–5104, Energy Regulatory Commission. construction and operation on fisheries, TDD (916) 978–5608, or [FR Doc. 03–18291 Filed 7–17–03; 8:45 am] botanical, wetland and wildlife [email protected]. See BILLING CODE 4310–MN–P resources, hydrology, power generation SUPPLEMENTARY INFORMATION section for and economics, water quality, locations where copies of the Draft EIS/ groundwater, land use, socioeconomics, EIR are available for public review. geology and soils, aesthetics and visual INTERNATIONAL TRADE FOR FURTHER INFORMATION CONTACT: Ms. resources, transportation, noise, air COMMISSION Mary Marshall, Reclamation, at (916) quality, public health and safety, public [Investigations Nos. 731–TA–1039–1041 978–5248, TDD (916) 978–5608, e-mail: services and utilities, recreation, (Preliminary)] [email protected] or Mr. Jim cultural resources, environmental Canaday, SWRCB, at (916) 341–5308, e- justice, and Indian trust assets. Certain Wax and Wax/Resin Thermal mail: Copies of the Draft EIS/EIR are Transfer Ribbons From France, Japan, [email protected]. available for public review at the and Korea SUPPLEMENTARY INFORMATION: Habitat following locations: Determinations • Tehama County Library, 645 restoration would enable safe passage 1 for naturally produced salmonids and Madison, Red Bluff, CA, 96080, (530) On the basis of the record developed would facilitate their growth and 527–0604. in the subject investigations, the United • States International Trade Commission recovery within the Sacramento River Bureau of Reclamation, Red Bluff 2 and its tributaries. These salmonids Field Office, 22500 Altube Avenue, Red (Commission) determines , pursuant to include the Central Valley spring-run Bluff CA, 96080, (530) 529–3890. section 733(a) of the Tariff Act of 1930 chinook salmon, State and Federally • Shasta County Library, 1855 Shasta (19 U.S.C. 1673b(a)) (the Act), that there listed as threatened; the Sacramento Street, Redding, CA, 96001, (530) 225– is a reasonable indication that an River winter-run chinook salmon, State 5769. • 1 The record is defined in sec. 207.2(f) of the and Federally listed as endangered; and Susanville Library, Lassen County, Commission’s Rules of Practice and Procedure (19 the Central Valley steelhead, Federally 1618 Main Street, Susanville CA 96130, CFR 207.2(f)). listed as threatened. (530) 251–8127. 2 Commissioner Marcia E. Miller dissenting.

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industry in the United States is Federal Register of June 10, 2003 (68 FR By order of the Commission. materially injured by reason of imports 34642). The conference was held in Marilyn R. Abbott, from France, Japan, and Korea of certain Washington, DC, on June 20, 2003, and Secretary to the Commission. wax and wax/resin thermal transfer all persons who requested the [FR Doc. 03–18427 Filed 7–16–03; 11:00 am] ribbons, provided for in heading 3702 opportunity were permitted to appear in BILLING CODE 7020–02–P and subheadings 3921.90.40 and person or by counsel. 9612.10.90 of the Harmonized Tariff The Commission transmitted its Schedule of the United States, that are determinations in these investigations to alleged to be sold in the United States JUDICIAL CONFERENCE OF THE the Secretary of Commerce on July 14, UNITED STATES at less than fair value (LTFV). 2003. The views of the Commission are Commencement of Final Phase contained in USITC Publication 3613 Meeting of the Judicial Conference Investigations (July 2003), entitled Certain Wax and Advisory Committee on Rules of Wax/Resin Thermal Transfer Ribbons Evidence Pursuant to section 207.18 of the From France, Japan, and Korea: Commission’s rules, the Commission Investigations Nos. 731–TA–1039–1041 AGENCY: Judicial Conference of the also gives notice of the commencement (Preliminary). United States, Advisory Committee on of the final phase of its investigations. Rules of Evidence. The Commission will issue a final phase Issued: July 14, 2003. ACTION: notice of scheduling, which will be By order of the Commission. Notice of open meeting. published in the Federal Register as Marilyn R. Abbott, SUMMARY: The Advisory Committee on provided in section 207.21 of the Secretary to the Commission. Rules of Evidence will hold a one-day Commission’s rules, upon notice from [FR Doc. 03–18237 Filed 7–17–03; 8:45 am] meeting. The meeting will be open to the Department of Commerce BILLING CODE 7020–02–P public observation but not participation. (Commerce) of affirmative preliminary DATES: November 13, 2003. determinations in the investigations Time: 8:30 a.m. to 5 p.m. under section 733(b) of the Act, or, if the INTERNATIONAL TRADE preliminary determinations are COMMISSION ADDRESSES: Thurgood Marshall Federal negative, upon notice of affirmative Judiciary Building, Judicial Conference Center, One Columbus Circle, NE., final determinations in those [USITC SE–03–023] investigations under section 735(a) of Washington, DC. the Act. Parties that filed entries of Sunshine Act Meeting FOR FURTHER INFORMATION CONTACT: John appearance in the preliminary phase of K. Rabiej, Chief, Rules Committee the investigations need not enter a AGENCY: United States International Support Office, Administrative Office of separate appearance for the final phase Trade Commission. the United States Courts, Washington, of the investigations. Industrial users, DC 20544, telephone (202) 502–1820. TIME AND DATE: July 23, 2003 at 2 p.m. and, if the merchandise under Dated: July 14, 2003. investigation is sold at the retail level, PLACE: Room 101, 500 E Street SW., John K. Rabiej, representative consumer organizations Washington, DC 20436, Telephone: have the right to appear as parties in (202) 205–2000. Chief, Rules Committee Support Office. [FR Doc. 03–18273 Filed 7–17–03; 8:45 am] Commission antidumping and STATUS: Open to the public. countervailing duty investigations. The BILLING CODE 2210–55–M MATTERS TO BE CONSIDERED: Secretary will prepare a public service list containing the names and addresses 1. Agenda for future meetings: none. JUDICIAL CONFERENCE OF THE of all persons, or their representatives, 2. Minutes. UNITED STATES who are parties to the investigations. 3. Ratification List. Background 4. Inv. No. 701–TA–431 (Final) Meeting of the Judicial Conference (DRAMs and DRAM Modules from Committee on Rules of Practice and On May 30, 2003, a petition was filed Korea)—briefing and vote. (The Procedure with the Commission and Commerce by Commission is currently scheduled to IIMAK International Imaging Materials, transmit its determination and AGENCY: Judicial Conference of the Inc., Amherst, NY, alleging that an Commissioners’ opinions to the United States, Committee on Rules of industry in the United States is Secretary of Commerce on or before Practice and Procedure. materially injured or threatened with August 4, 2003.). ACTION: Notice of open meeting. material injury by reason of LTFV 5. Inv. No. 731–TA–1012 (Final) imports of certain wax and wax/resin (Certain Frozen Fish Fillets from SUMMARY: The Committee on Rules of thermal transfer ribbons from France, Vietnam)—briefing and vote. (The Practice and Procedure will hold a two- Japan, and Korea. Accordingly, effective Commission is currently scheduled to day meeting. The meeting will be open May 30, 2003, the Commission transmit its determination and to public observation but not instituted antidumping duty Commissioners’ opinions to the participation. investigations Nos. 731–TA–1039–1041 Secretary of Commerce on or before DATES: January 15–16, 2004. (Preliminary). August 6, 2003.). Notice of the institution of the Time: 8:30 a.m. to 5 p.m. Commission’s investigations and of a 6. Outstanding action jackets: none. ADDRESSES: Hermosa Inn, 5532 North public conference to be held in In accordance with Commission Palo Cristi Road, Scottsdale, AZ. connection therewith was given by policy, subject matter listed above, not FOR FURTHER INFORMATION CONTACT: John posting copies of the notice in the Office disposed of at the scheduled meeting, K. Rabiej, Chief, Rules Committee of the Secretary, U.S. International may be carried over to the agenda of the Support Office, Administrative Office of Trade Commission, Washington, DC, following meeting. the United States Courts, Washington, and by publishing the notice in the Issued: July 15, 2003. DC 20544, telephone (202) 502–1820.

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Dated: July 14, 2003. Dated: July 14, 2003. Dated: July 14, 2003. John K. Rabiej, John K. Rabiej, John K. Rabiej, Chief, Rules Committee Support Office. Chief, Rules Committee Support Office. Chief, Rules Committee Support Office. [FR Doc. 03–18274 Filed 7–17–03; 8:45 am] [FR Doc. 03–18270 Filed 7–17–03; 8:45 am] [FR Doc. 03–18272 Filed 7–17–03; 8:45 am] BILLING CODE 2210–55–M BILLING CODE 2210–55–M BILLING CODE 2210–55–M

JUDICIAL CONFERENCE OF THE JUDICIAL CONFERENCE OF THE DEPARTMENT OF LABOR UNITED STATES UNITED STATES Office of the Secretary Meeting of the Judicial Conference Meeting of the Judicial Conference Advisory Committee on Rules of Advisory Committee on Rules of Civil Combating HIV/AIDS in Ugandan Bankruptcy Procedure Procedure Workplaces Through Community/ Faith-Based Organizations AGENCY: Judicial Conference of the AGENCY: Judicial Conference of the United States, Advisory Committee on United States. AGENCY: Bureau of International Labor Rules of Bankruptcy Procedure. Affairs, Department of Labor. ACTION: Notice of open meeting. ACTION: Notice of open meeting. ACTION: Notice of availability of funds and solicitation for cooperative SUMMARY: The Advisory Committee on SUMMARY: The Advisory Committee on Rules of Civil Procedure will hold a agreement application (SGA 03–11). Rules of Bankruptcy Procedure will two-day meeting. The meeting will be SUMMARY: hold a two-day meeting. The meeting This notice contains all of the open to public observation but not necessary information and forms needed will be open to public observation but participation. not participation. to apply for grant funding. The U.S. DATES: October 2–3, 2003. Department of Labor (USDOL), Bureau DATES: March 25–26, 2004. of International Labor Affairs (ILAB), Time: 8:30 a.m. to 5 p.m. Time: 8:30 a.m. to 5 p.m. announces the availability of funds to be ADDRESSES: Ritz Carlton, 4750 Amelia ADDRESSES: Hyatt Regency Sacramento granted by cooperative agreement Island Parkway, Amelia Island, FL. at Capitol Park, 1209 L Street, (hereafter referred to as ‘‘grant’’) to one FOR FURTHER INFORMATION CONTACT: John Sacramento, CA. or more qualifying organizations. K. Rabiej, Chief, Rules Committee FOR FURTHER INFORMATION CONTACT: John USDOL will award up to U.S. $1 million Support Office, Administrative Office of K. Rabieji, Chief, Rules Committee through one or more grants to an the United States Courts, Washington, Support Office, Administrative Office of organization or to an eligible DC 20544, telephone (202) 502–1820. the United States Courts, Washington, ‘‘intermediary’’ organization or organizations to develop and implement Dated: July 14, 2003. DC 20544, telephone (202) 502–1820. a project to stem the spread of HIV/ Dated: July 14, 2003. John K. Rabiej, AIDS infection in Uganda, focusing on Chief, Rules Committee Support Office. John K. Rabiej, workers in the workplace and [FR Doc. 03–18275 Filed 7–17–03; 8:45 am] Chief, Rules Committee Support Office. surrounding communities. Eligible BILLING CODE 2210–55–M [FR Doc. 03–18271 Filed 7–17–03; 8:45 am] ‘‘intermediaries’’ are defined as those BILLING CODE 2210–55–M non-profit, community, and/or faith- based organizations with established JUDICIAL CONFERENCE OF THE working relationships to grassroots UNITED STATES JUDICIAL CONFERENCE OF THE faith-based and community UNITED STATES organizations in Uganda working in the Meeting of the Judicial Conference field of HIV/AIDS. The intermediary is Advisory Committee on Rules of Meeting of the Judicial Conference expected to sub-contract a substantial Bankruptcy Procedure Advisory Committee portion of its award to eligible local AGENCY: Judicial Conference of the AGENCY: Judicial Conference of the grassroots organizations in Uganda, in United States, Advisory Committee on United States, Advisory Committee on support of mitigating HIV/AIDS through Rules of Bankruptcy Procedure. Rules of Criminal Procedure. prevention education. It is expected that the intermediary organization will serve ACTION: Notice of open meeting. ACTION: Notice of open meeting. as a mentor of the sub-contracted local organizations to strengthen their SUMMARY: The Advisory Committee on SUMMARY: The Advisory Committee on capacity to address HIV/AIDS among Rules of Bankruptcy Procedure will Rules of Criminal Procedure will hold a hold a two-day meeting. The meeting workers in Uganda. Through their two-day meeting. The meeting will be collaboration, the intermediaries will will be open to public observation but open to public observation but not not participation. achieve the following objectives: (a) participation. Increase knowledge of HIV/AIDS DATES: September 18–19, 2003. prevention methods among Ugandan Time: 8:30 a.m. to 5 p.m. DATES: October 15–16, 2003. Time: 8:30 a.m. to 5 p.m. men and women as a first step to ADDRESSES: Dolce Skamania Lodge, changing sexual behavior; (b) strengthen 1131 Skamania Lodge Way, Stevenson, ADDRESSES: Salishan Lodge, 7760 N. capacity among local organizations to WA. Highway 101, Gleneden Beach, OR. identify HIV/AIDS issues, develop FOR FURTHER INFORMATION CONTACT: John FOR FURTHER INFORMATION CONTACT: John effective strategies to mitigate the K. Rabiej, Chief, Rules Committee K. Rabiej, Chief, Rules Committee impact of HIV/AIDS, and provide Support Office, Administrative Office of Support Office, Administrative Office of education and supportive services to the United States Courts, Washington, the United States Courts, Washington, implement such strategies; and (c) DC 20544, telephone (202) 502–1820. DC 20544, telephone (202) 502–1820. improve the capacity of sub-contracted

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local community and faith-based towards strengthening the right to organizations must possess strong organizations to sustain their activities freedom of association and collective financial and grant management skills through the provision of training in the bargaining, eliminating forced or and the ability to mentor and strengthen areas of business development, compulsory labor, and eliminating the capacity of Ugandan non- administration, and finance. employment discrimination. governmental organizations (NGOs) to DATES: The closing date for receipt of International HIV/AIDS Workplace- effectively respond to HIV/AIDS in applications is Friday, August 22, 2003. based Education Program (IHWEP)— Uganda. The intermediary is expected to Applications must be received by 4:45 Under the IHWEP initiative, USDOL issue sub-contracts to non-profit p.m. (Eastern Time) at the address works to reduce the rate of HIV/AIDS grassroots organizations which: below. infection through workplace-based • Have social services as a major part prevention and education programs and of their mission; ADDRESSES: Application forms will not • Have a total annual operating be mailed. They are published as part of to improve the workplace environment for workers living with HIV/AIDS. The budget of $150,000 or less; and this Federal Register notice and in the • Possess or have the capacity to Federal Register, which may be IHWEP program also works to build the capacity of the tripartite partners to adopt sufficient administrative and obtained from your nearest U.S. financial controls to ensure proper Government office or public library or address the long-term impact of HIV/ AIDS on labor markets and economic management of the sub-contracted online at http://www.archives.gov/ funds. federal_register/index.html. development. USDOL/ILAB manages its projects in The U.S. Department of Labor will Applications must be delivered to: U.S. determine whether Ugandan NGOs have Department of Labor, Procurement partnership with stakeholders representing the government, met the criteria and are eligible to be Services Center, 200 Constitution sub-contracted under this grant. Avenue, NW., Room N–5416, Attention: employers, workers, and other organizations. The Ministry of Labor will serve as Lisa Harvey, Reference: SGA 03–11, the primary government contact for the Washington, DC 20210. I. Authority project in Uganda. However, the Grantee Applications sent by e-mail, telegram, may also elect to work with other or facsimile (FAX) will not be accepted. ILAB is authorized to award and administer this program by the government agencies that are addressing Applications sent by other delivery HIV/AIDS. Partnerships of more than services, such as Federal Express, UPS, Consolidated Appropriations Resolution, 2003, Pub. L. 108–7, 117 one organization are also eligible to etc., will be accepted; the applicant, apply for these funds, although in such however, bears the responsibility for Stat. 11 (2003). Legal rules that apply to faith-based a case a lead organization must be timely submission. Applications that do organizations that receive government identified. The capabilities of not meet the conditions set forth in this funds: The government is prohibited applicants, partners, and co-applicants notice will not be honored. No from directly funding religious to perform necessary aspects of this exceptions to the mailing and delivery activity*. These grants may not be used solicitation will be determined requirements set forth in this notice will for religious instruction, worship, according to the criteria identified in be granted. prayer, proselytizing or other inherently Section XI. All applicants are requested FOR FURTHER INFORMATION CONTACT: Lisa religious practices. Neutral, non- to complete the Survey on Ensuring Harvey, e-mail address: religious criteria that neither favor nor Equal Opportunity for Applicants (OMB [email protected], tel: (202) 693–4570 disfavor religion must be employed in No. 1225–0083) (see Appendix A). (this is not a toll-free number). the selection of grant recipients. Please note that to be eligible, grant SUPPLEMENTARY INFORMATION: USDOL/ applicants classified under the Internal ILAB carries out a worldwide *The term ‘‘direct’’ funding is used to Revenue Code as a 501(c)(4) entity (see describe Federal funds that are provided International Cooperation Program that directly by a governmental entity or an 26 U.S.C. 501(c)(4)), may not engage in helps ensure that the greatest possible intermediate organization, as opposed to lobbying activities. According to the number of workers benefit from a more funds that an organization receives as the Lobbying Disclosure Act of 1995, as open world economy. The three major result of the genuine and independent amended by 2 U.S.C. 1611, an initiatives of the International private choice of a beneficiary. In other organization, as described in section Cooperation Program are: contexts, the term ‘‘direct’’ funding may be 501(c)(4) of the Internal Revenue Code Improving Economic Opportunity and used to refer to those funds that an of 1986, that engages in lobbying Income Security for Workers (EOIS)— organization receives directly from the activities shall not be eligible for the Under the EOIS initiative, USDOL Federal government (also known as receipt of federal funds constituting an works to strengthen developing ‘‘discretionary’’ funding), as opposed to funding that it receives from a State or local award, grant, or loan. countries’’ abilities to build and government (also known as ‘‘indirect’’ or B. Submission of Applications institutionalize social safety net policies ‘‘block grant’’ funding). In this SGA, the term and programs needed to improve ‘‘direct’’ has the former meaning. One (1) blue ink-signed original, working conditions and foster economic complete application in English plus growth. Projects under this initiative II. Application Process two (2) copies of the application must aim to increase employment among be submitted to the U.S. Department of targeted groups, improve workplace A. Eligible Applicants Labor, Procurement Services Center, 200 safety and health, and increase access to For the purposes of this Constitution Avenue, NW, Room N– social insurance. announcement, ‘‘intermediaries’’ are 5416, Washington, DC 20210, no later Protecting the Basic Rights of Workers defined as those non-profit, community, than 4:45 p.m. Eastern Time on the (PBRW)—Under the PBRW initiative, and/or faith-based organizations with established due date. To aid with review USDOL works to implement the existing connections to Ugandan-based, of applications, Applicants may submit fundamental principles embodied in the grassroots, faith-based, and/or three (3) additional paper copies of the International Labor Organization’s (ILO) community organizations working in application (five total). Applicants who Declaration on Fundamental Principles the field of HIV/AIDS prevention and do not provide additional copies will and Rights at Work, specifically working mitigation. These intermediary not be penalized.

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The application must consist of two conditions set forth in this notice will area has been slow and erratic due to (2) separate parts. Part I of the be granted. concerns involving anthrax application must contain the Standard Any application received at the Office contamination. Applicants must take Form (SF) 424, ‘‘Application for Federal of Procurement Services after 4:45 pm this into consideration when preparing Assistance’’ and sections A–F of the Eastern Time on Friday, August 22, to meet the application deadline. It is Budget Information Form SF 424A (see 2003 will not be considered unless it is recommended that you confirm receipt Appendix A). These forms are also received before the award is made and: of your application with your delivery available at http://www.whitehouse.gov/ • It was sent by registered or certified service. omb/grants. Part II must contain a mail no later than the fifth calendar day D. Funding Levels technical proposal that demonstrates before the closing date; or • capabilities in accordance with the It was sent by U.S. Postal Service Up to U.S. $1 million is available for statement of work (Section III) and the Express Mail/Next Day Service from the this project, and USDOL reserves the selection criteria (Section XI). The post office to the addressee no later than right to award more than one grant. application should include the name, 5:00 pm at the place of mailing two (2) USDOL may award one or more grants address, telephone and fax numbers, working days (excluding weekends and to one or more organizations or to a and e-mail address (if applicable) of a Federal holidays), prior to the closing partnership of more than one key contact person at the applicant’s date; or organization. The award of any sub- • It is determined by the Government organization in case questions should contract will be subject to USDOL that the late receipt was due solely to arise. approval (see Section IV). mishandling by the Government after To be considered responsive to this receipt at the U.S. Department of Labor E. Program Duration solicitation the application must consist at the address indicated. The duration of the project funded by of the above-mentioned separate The only acceptable evidence to sections not to exceed 25 single-sided this SGA is up to four (4) years. The establish the date of mailing of a late start date of program activities will be (81⁄2″ × 11″ or A4), double-spaced, 12- application sent by registered or negotiated upon award of the grant, point font, typed pages for which a certified mail is the U.S. Postal Service response is submitted. Major sections which will take place no later than postmark on the envelope or wrapper September 30, 2003. and sub-sections of the application and on the original receipt from the U.S. should be divided and clearly identified Postal Service. If the postmark is not III. Statement of Work (e.g., with tab dividers), and all pages legible, an application received after the USDOL is seeking qualified shall be numbered. Applicants are above closing time and date shall be organizations that will implement, in required to propose that a project processed as if mailed late. ‘‘Postmark’’ partnership with USDOL, a project to address ALL of the project objectives means a printed, stamped, or otherwise assist in stemming the spread of HIV/ identified in the Statement of Work in placed impression (not a postage meter AIDS/STI/TB infections among workers Section III. Any applications that do not machine impression) that is readily in Uganda through partnerships conform to these standards may be identifiable without further action as between U.S. organizations and local, deemed non-responsive to this having been applied and affixed by an community and/or faith-based solicitation and may not be evaluated. employee of the U.S. Postal Service on organizations in Uganda that will The application must include a table of the date of mailing. Therefore, develop and implement effective contents and an abstract summarizing applicants should request that the postal prevention strategies. Specific project the application in not more than two (2) clerk place a legible hand cancellation objectives are identified in Section III.C. pages. Standard forms, attachments, ‘‘bull’s-eye’’ postmark on both the USDOL encourages applicants to be resumes, exhibits, letters of support, and receipt and the envelope or wrapper. creative in proposing innovative and the abstract are not counted towards the The only acceptable evidence to cost-effective interventions that will page limit. If an applicant exceeds the establish the date of mailing of a late produce a demonstrable and sustainable stated page limit, the review panel has application sent by U.S. Postal Service impact. the discretion to deduct 10 points, in Express Mail/Next Day Service from the Proposals should demonstrate accordance with the rating process post office to the addressee is the date organizations’ capabilities to implement specified in the ‘‘Rating Criteria and entered by the Post Office receiving projects in accordance with the Selection’’ section of this SGA. clerk on the ‘‘Express Mail/ Next Day Statement of Work and the rating The individual signing the SF 424 on Service—Post Office to Addressee’’ label criteria (Section XI). Funds will be behalf of the applicant must be and the postmark on the envelope or provided by grant to qualifying authorized to bind the applicant. wrapper on the original receipt from the organizations. The grant will be actively C. Acceptable Methods of Submission U.S. Postal Service. ‘‘Postmark’’ has the managed by USDOL/ILAB to assure same meaning as defined above. achievement of the stated project The grant application package must Therefore, applicants should request objectives. The award of any sub- be received at the designated place by that the postal clerk place a legible hand contract will be subject to USDOL the date and time specified, or it will cancellation ‘‘bull’s-eye’’ postmark on policies and approval (see Section IV). not be considered. Applications sent by both the receipt and the envelope or e-mail, telegram, or facsimile (FAX) will wrapper. Note: Selection of an organization as a not be accepted. Applications sent by The only acceptable evidence to Grantee does not constitute approval of the other delivery services, such as Federal establish the time of receipt at the U.S. grant application as submitted. Before the Express, UPS, etc., will be accepted; the Department of Labor is the date/time actual grant is awarded, USDOL may enter applicant, however, bears the into negotiations about such items as stamp of the Procurement Service program components, funding levels, and responsibility for timely submission. Center on the application wrapper or administrative systems in place to support Applications that do not meet the other documentary evidence or receipt grant implementation. If the negotiations do conditions set forth in this notice will maintained by that office. not result in a mutually acceptable not be honored. No exceptions to the All applicants are advised that U.S. submission, the Grant Officer reserves the mailing, delivery, and hand-delivery mail delivery in the Washington, DC right to terminate the negotiation and decline

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to fund the application. Award is also fundamental precept of an effective participation of many faith-based contingent upon signature of a letter of prevention program, therefore, is the organizations. Applicants should agreement between USDOL and relevant inclusion of an anti-stigma/ indicate how they will build upon this ministries in target countries. discrimination component. Given the experience. nature and importance of addressing Faith-based and/or community-based A. Background and Problem Statement these issues, faith-based efforts that seek organizations often present strong 1. International HIV/AIDS Pandemic the involvement of the broad credentials to partner in our efforts to community may be uniquely positioned combat the spread of HIV/AIDS According to the International Labor to address issues of stigma and infections. Faith-based and community- Organization (ILO), over 42 million discrimination. based organizations often are trusted people around the world are infected institutions in developing countries 3. Impact on Workers and Families with HIV. At least 26 million are around the world. These organizations workers aged 15 to 49, who are in the In sub-Saharan Africa, where the are often home to a large number of prime of their working lives. Typically, epidemic is most advanced, skilled volunteers who bring not only the half of people living with HIV/AIDS personnel have been lost and youth power of personal relationships to the (PLWHA) become infected before they have not been able to replace their skills provision of social service but also a turn 25 years old, acquiring AIDS and and experience, in part because of a lack sustained allegiance to the well-being dying by the time they turn 35, leaving of access to work and educational and self-sufficiency of the participants behind a generation of children to be opportunities. Many women are they serve. Through this Grant, USDOL raised by grandparents or by older expected to care for sick relatives and will strive to leverage these programs, siblings, many of whom are barely are therefore unable to maintain their resources and committed staff to adults themselves. Although HIV/AIDS jobs or work in the family’s agricultural effectively address HIV/AIDS in was initially viewed strictly as a health fields. Many children, particularly girls, Uganda. crisis, it is now acknowledged to have are expected to stay home and take care a severe impact on the economic and of sick relatives, or to supplement the B. Objectives social development of affected family income, rather than attend The Grantee(s) will implement, in countries. Health authorities, therefore, school. Some children and/or youth partnership with USDOL, a project have recognized that a multi-sectoral have been orphaned and have resorted designed to meet the following approach is necessary to fully address to child labor to sustain themselves and objectives: the HIV/AIDS crisis. their siblings. The pressure on affected • To promote the ‘‘ABC’’ method and Recent studies by the ILO regarding families exacerbates already-existing other effective methods of HIV/AIDS the impact of HIV/AIDS on the problems such as poverty levels and prevention among workers in the workforce warn of the catastrophic child labor. workplace and in surrounding consequences of HIV/AIDS/STI for communities, in partnership with workers and employers worldwide. 4. Engagement of Faith-Based And Community Organizations qualifying Ugandan community and/or These studies project a severe decline in faith-based organizations; the size and quality of the workforce in On January 29, 2001, President George • To strengthen the capacity of a number of countries over the next 20 W. Bush issued Executive Order 13198, qualifying Ugandan community and/or years. According to the ILO, the most creating the Office for Faith-Based and faith-based organizations to assess HIV/ affected countries in sub-Saharan Africa Community Initiatives (FBCI) in the AIDS issues and to develop and with prevalence rates of up to 33 White House and corresponding centers implement effective strategies to combat percent of the adult population could for FBCI in the Departments of Labor HIV/AIDS; and lose 29–35 percent of their total (DOL), Health and Human Services • To strengthen the financial and workforce by the year 2020. In the case (HHS), Housing and Urban administrative systems of qualifying of countries with HIV/AIDS prevalence Development (HUD), Education (ED), Ugandan community and/or faith-based rates higher than 10 percent of the adult and Justice (DOJ). President Bush has organizations to diversify their funding population, the labor force in the year charged these centers to identify sources, and to enhance their capacity 2020 will be an estimated 10–22 percent statutory, regulatory, and bureaucratic to manage their resources efficiently, in smaller than if HIV/AIDS did not exist. barriers that stand in the way of order to sustain the vital services they HIV/AIDS targets the most productive effective faith-based and community provide to Ugandan communities. age group, hampering economic initiatives, and to ensure—consistent development and the workplace with the law—that these organizations C. Type of Work to Be Performed/ environment as well as workers and have an equal opportunity to compete Activities their families. for Federal funding and other support. The selected Grantee(s) will be As USAID Assistant Administrator for responsible for developing a strategy for 2. Stigma and Discrimination Global Health E. Anne Peterson has successfully achieving the stated Compounding the negative impact of stated, ‘‘USAID’s HIV/AIDS programs objectives of the project, addressing the the spread of HIV/AIDS is the fact the now focus on promoting abstinence and problems identified in the Background disease is accompanied by significant delaying the onset of sexual activity, and Problem Statement, developing and stigma and discrimination, and these and when appropriate, the use of implementing the major tasks to be factors often inhibit prevention efforts. condoms.’’ As a result, the accomplished as part of that strategy, In many cases, the discrimination and Administration is promoting tracking and reporting on progress in social stigmatization which greet internationally a balanced ‘‘ABC’’ achieving the stated objectives, and individuals’ real or perceived HIV status approach toward HIV/AIDS prevention providing any necessary related creates a climate of fear and denial, (‘‘Abstinence, Be Faithful/Behavior services. discouraging people from choosing Change, and, if necessary, use a responsible behavior changes, from Condom’’). This approach is based D. Expected Outcomes/Project Outputs being tested to learn one’s HIV status to largely upon success in Uganda with By the end of the grant period, the seeking appropriate treatment. One this method, which has included the project will have:

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• Increased the number of Ugandan • Develop spotlight stories that 2. Grantee Responsibilities men and women educated and trained highlight activities and illuminate best Following the award of the grant(s), in the ‘‘ABC’’ method and other practices being undertaken by sub- the Grantee(s) shall: effective methods of HIV/AIDS contractors (on an annual basis). • prevention. • Present innovative models Establish the institutional and • Strengthened the capacity of one or addressing the project objectives (at the management systems and means more Ugandan community, grassroots, halfway point and conclusion of the necessary to provide and monitor the and/or faith-based organizations to project). delivery of services and to distribute combat HIV/AIDS. The Grantee(s) must submit copies of wages and material effectively. • • Created a sustainable partnership all required documents to USDOL by If USDOL determines that it is between U.S-based and Ugandan the specified due dates. Other necessary, travel to the field with community, grassroots, and/or faith- documents that may be produced are to USDOL and other technical experts for based organizations working in the areas be submitted by mutually agreed-upon a project design mission before of HIV/AIDS prevention and mitigation. deadlines. The Project Document, finalizing the project design and the The selected Grantee(s) will be Workplan, project indicators, PMP, and Project Document. The Grantee(s) shall responsible for identifying and data collection system are subject to bear the financial costs for having its producing outputs/results/deliverables final approval by the Grant Officer’s representative(s) participate on the that will support achievement of these Technical Representative (GOTR) project design mission. • expected outcomes. responsible for monitoring the grant. Assist in project evaluations, F. Special Program Requirements including reviewing and providing E. Deliverables comments on the evaluation Terms of Following the award of the grant, the 1. USDOL Responsibilities Reference (TORs) drafted by USDOL Grantee(s) shall collaborate with Following the award of the grant(s), and evaluation reports written by the USDOL/ILAB to: USDOL shall: lead evaluator. If invited to participate • • Develop a Project Document Provide the Grantee(s) with on an evaluation mission by USDOL, (including a project budget) that will set programmatic support to help ensure the Grantee(s) shall bear the financial the technical parameters and provide effective implementation of the project, costs for having a representative of the guidance to the project. It should including training and consultation in Grantee(s) participate on an evaluation include all information and be prepared USDOL/ILAB management, monitoring, team (e.g., travel, per diem). according to the standardized format and evaluation systems and standard • Submit trip reports to USDOL operating procedures. within fourteen (14) calendar days of outlined by USDOL. While the • Applicant’s original proposal will serve Provide advice and consultation to project-related travel. If the Grantee as the basis of the Project Document, in Grantee(s) on specific program criteria. travels with a USDOL staff member, the • If, based upon the responses to this every case USDOL has found it Grantee will submit a draft trip report to solicitation and subsequent to the advantageous to visit the field and reach the staff member within fourteen (14) award, USDOL determines that it is consensus on the project strategy with calendar days of project-related travel necessary, travel to the field with the host country counterparts in order to for comments. The format for the trip Grantee(s) and other technical experts further inform the project design. report will be provided by USDOL. for a project design mission before USDOL must receive a draft of the • Inform USDOL/ILAB at least one (1) finalizing the project design and the Project Document 45 days after month prior to scheduling any major Project Document. USDOL will procure returning from travel to the relevant public events or ceremonies regarding the services of technical experts if it area(s). The Project Document must be the project. determines that such expertise is • finalized no later than 30 days after necessary for the project design mission. Submit to USDOL all media-related receipt of USDOL comments on the • Fund at least two project and educational materials developed by draft. evaluations—a mid-term evaluation at it or its sub-contractors under this • Establish a Workplan identifying approximately the midpoint of the grant Grant(s), including relevant press major project activities, deadlines for period and a final evaluation releases, for use in this project before their completion, and person(s) approximately two months prior to the they are reproduced, published, or used. responsible for completing these end of the grant period. USDOL/ILAB— The Grantee(s) must consult with activities (within 60 days after the in consultation with the Grantee(s)— USDOL to ensure that materials are Project Document is finalized). will be responsible for drafting and compatible with USDOL materials • Set project indicators, including finalizing all evaluation Terms of relating to its International Cooperation indicators that support ILAB’s Reference (TOR), procuring the services Program. USDOL considers brochures, Government Performance and Results of an independent evaluator (who will pamphlets, videotapes, slide-tape Act (GPRA) goal, ‘‘Improve living write the evaluation report), and shows, curricula, and any other training standards and conditions of work for providing at least one representative materials used in the project to be workers in developing and transition from USDOL/ILAB to participate on the educational materials. USDOL will countries.’’ (within 90 days of finalizing evaluation team, when appropriate. review materials for technical accuracy. the Project Document). USDOL/ILAB may choose to perform USDOL will also review training • Create a Performance Monitoring additional evaluations as appropriate. curricula and purchased training Plan (PMP) to establish the data needed • Have the right, at all reasonable materials for accuracy before they are to measure achievement of project times, to review all documents used. The Grantee(s) must obtain prior indicators and the methods for pertaining to the project, participate on approval from the Grant Officer for all collection and reporting. It should field missions (including monitoring materials developed or purchased under include all information and be prepared and evaluation missions), and to discuss this grant. All materials produced by according to the standardized format administrative and technical issues Grantee(s) must be provided to USDOL outlined by USDOL (within 90 days of pertaining to the project with the in digital format for possible finalizing the Project Document). Grantee. publication.

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IV. Key Personnel and Sub-Contractors the GOTR as soon as the need becomes standardized format used by USDOL/ known. ILAB: USDOL considers the following job position(s) to be ‘‘key personnel’’ in this Note: Except as specifically provided, 1. Status Reports project: USDOL/ILAB acceptance of a proposal and Status Reports compare actual and • Project Director. an award of federal funds to sponsor any planned activities during the reporting • Ugandan-based Project Coordinator. program(s) does not provide a waiver of any grant requirement and/or procedures. For period, which consists of one quarter The Grant Officer must approve example, if an application identifies a (January–March and July–September). candidates for all key personnel specific sub-contractor to provide the Its purpose is to provide an update on positions. USDOL’s Grant Officer’s services, the USDOL/ILAB award does not the Workplan, problems/solutions, Technical Representative (GOTR) shall provide the justification or basis to sole- major achievements, or modifications. review candidates’ qualifications and source the procurement, i.e., to avoid The Status Report should be brief and provide recommendations to the Grant competition. include an attached project Workplan Officer regarding the selection of indicating the status of Workplan candidates for all key personnel V. Reporting Requirements activities: ‘‘completed,’’ ‘‘on schedule,’’ positions. The Grantee(s) shall submit All reports (see Appendix B) are due ‘‘delayed,’’ ‘‘cancelled.’’ The body of re´sume´s, curricula vitae, and other no later than 30 days after the end of a report should provide a summary relevant information to the GOTR and fiscal quarter and shall be submitted in explanation of any deviation from the receive approval from the Grant Officer English. USDOL/ILAB and the Workplan and recommended actions. before extending an offer of employment Grantee(s) should work together to Two Status Reports are due per year and before the nominated individual resolve any issues within 30 days of within 30 days of the end of the conducts any activities. receipt of a report. reporting period (i.e., by April 30 and Key personnel may only be changed October 30). A. Financial Reports with the approval of the Grant Officer. 2. Technical Progress Reports The Grantee(s) shall not substitute or The Grantee(s) shall submit financial Technical Progress Reports provide replace key personnel unless new reports on a quarterly basis. The first information on how the project is personnel are at least equal in reporting period shall end on the last progressing in achieving its stated qualifications to those personnel who day of the fiscal quarter (December 31, objectives. Technical Progress Reports are replaced. If a need to find new key March 31, June 30, or September 30) will be based on the project’s stated personnel arises, the Grantee(s) shall during which the grant was signed. objectives, indicators, and Performance notify the GOTR as soon as the need The Grantee(s) shall use Standard Monitoring Plan (PMP) and will provide becomes known. If the Grant Officer is Form (SF) 269A, Financial Status both quantitative and qualitative unable to approve the personnel change, Report, to report the status of the funds, information and a narrative assessment he/she reserves the right to terminate at the project level, during the grant of performance for the preceding six- the grant. period. A final SF269A shall be month period (January–June and July– Organizations may apply for funding submitted no later than 90 days following completion of the grant December). Data measuring achievement in partnership with other organizations, of the project’s indicators will be but in such a case, a lead organization period. If the Grantee(s) uses the U.S. attached to the narrative, which will must be identified. Use of sub- Department of Health and Human provide a composite overview of contractors is subject to Federal laws Services Payment Management System progress, trends, problems, new and regulations, including OMB (HHS PMS), they must also send proposals, lessons learned, and circulars requiring free and open USDOL copies of the PSC 272 that it expenditures. The body of the Technical competition for procurement submits to HHS, on the same schedule. Progress Report should be 2–3 pages in transactions. Otherwise, the Grantee(s) shall submit length, stressing major points related to The Grant Officer must approve all Standard Form (SF) 272, Federal Cash strategy. sub-contractors. USDOL’s Grant Transactions Report, on the same Two Technical Progress Reports are Officer’s Technical Representative schedule as the SF269A. due per year within 30 days of the end (GOTR) shall review candidates’ Financial reports are due within 30 of the reporting period (i.e., by July 30 qualifications and provide days of the end of the reporting period and January 30). recommendations to the Grant Officer (i.e., by April 30, July 30, October 30, C. Instructions for Submitting Reports regarding the selection of candidates for and January 30). all sub-contractors. The lead All reports shall cite the assigned organization shall submit a list of B. Technical Reporting Requirements grant number. The Grantee(s) shall previous projects implemented by the After signing the agreement, the submit one hard copy of all financial proposed sub-contractor, along with a Grantee(s) shall submit progress reports reports to each of the following persons: description of qualifications, resumes, to USDOL/ILAB at the end of each fiscal Lawrence Kuss, Grant Officer, curricula vitae, and other relevant quarter. The first reporting period shall Procurement Services Center, U.S. information to the GOTR and receive end on the last day of the fiscal quarter Department of Labor, 200 Constitution approval from the Grant Officer before (December 31, March 31, June 30, or Ave., NW, Room N–5416, extending a sub-contract. The lead September 30) during which the Grant Washington, DC 20210 organization shall not substitute or was signed. Between reporting dates, Celeste Helm, Grant Officer’s Technical replace sub-contractors unless new sub- the Grantee(s) shall also immediately Representative, Office of Foreign contractors are at least equal in inform USDOL/ILAB of significant Relations, U.S. Department of Labor, qualifications to those that are replaced. developments and/or problems affecting 200 Constitution Ave., NW, Room S– Sub-contractors may only be changed the organization’s ability to accomplish 5303, Washington, DC 20210 with the approval of the Grant Officer. work. Gene Contee, Accountant, Financial If a need to find new sub-contractors The Grantee(s) shall submit two types Management Services Center, U.S. arises, the lead organization shall notify of progress reports according to the Department of Labor, 200 Constitution

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Ave., NW, Room S–5526, Washington, VII. Acknowledgment of USDOL Circular A–122. The grant(s) awarded DC 20210 Funding under this SGA will be subject to the following administrative standards and The Grantee(s) shall submit one hard A. Acknowledgement on Printed copy of all technical reports to each of provisions, if applicable: Materials • the following persons: 29 CFR Part 36—Federal Standards Lawrence Kuss, Grant Officer, In all circumstances, the following for Nondiscrimination on the Basis of Procurement Services Center, U.S. shall be displayed on printed materials: Sex in Education Programs or Activities ‘‘Preparation of this item was funded by Receiving Federal Financial Assistance. Department of Labor, 200 Constitution • Ave., NW, Room N–5416, the United States Department of Labor 29 CFR Part 93—New Restrictions under Grant No. [insert the appropriate on Lobbying. Washington, DC 20210. • Celeste Helm, Grant Officer’s Technical Grant number].’’ 29 CFR Part 95—Uniform Representative, Office of Foreign When issuing statements, press Administrative Requirements for Grants Relations, U.S. Department of Labor, releases, requests for proposals, bid and Agreements with Institutions of 200 Constitution Ave., NW, Room S– solicitations, and other documents Higher Education, Hospitals and Other 5303, Washington, DC 20210 describing projects or programs funded Non-Profit Organizations, and with in whole or in part with Federal money, Commercial Organizations, Foreign VI. Travel Procedures all Grantees receiving Federal funds Governments, Organizations Under the The Grantee(s) shall submit a must clearly state: Jurisdiction of Foreign Governments • The percentage of the total costs of and International Organizations. quarterly travel plan to the GOTR. The • plan shall include the following the program or project, which will be 29 CFR Part 96—Federal Standards information for all individuals traveling financed with Federal money; for Audit of Federally Funded Grants, • The dollar amount of Federal funds Contracts and Agreements. for the Grantee(s) to support activities • covered by this grant: for the project or program; and 29 CFR Part 98—Federal Standards • for Government wide Debarment and • Name of the person(s) who will be The percentage and dollar amount Suspension (Nonprocurement) and traveling of the total costs of the project or Government-wide Requirements for • Destination(s) program that will be financed by non- Drug-Free Workplace (Grants). • Dates of travel governmental sources. • 29 CRF Part 99—Federal Standards • Purpose of travel—what they will B. Use of the USDOL Logo for Audits of States, Local Governments, be doing and why and Non-Profit Organizations. The Grantee(s) should submit the In consultation with ILAB, the quarterly travel plan no later than four Grantee(s) will acknowledge USDOL’s B. Sub-Contracts weeks prior to the start of each role in one of the following ways: • The USDOL logo may be applied to Sub-contracts must be awarded in subsequent fiscal quarter (e.g., By May accordance with 29 CFR 95.40–48. 31, the GOTR should have travel plans USDOL-funded material prepared for for all Grantee travel occurring July 1 world-wide distribution, including C. Encumbrance of Grant Funds posters, videos, pamphlets, research through September 30). For a trip Grant funds may not be encumbered/ documents, national survey results, beginning later than four weeks from the obligated by the Grantee(s) before or impact evaluations, best practice time the plan is submitted, dates should after the period of performance. reports, and other publications of global reflect a ‘‘best guess’’ (rather than Encumbrances/obligations outstanding interest. The Grantee(s) must consult simply listing ‘‘To Be Determined’’). as of the end of the grant period may be with USDOL on whether the logo may The dates should, however, be finalized liquidated (paid out) after the end of the be used on any such items prior to final no later than 4 weeks prior to departure. grant period. Such encumbrances/ draft or final preparation for All travelers should submit finalized obligations may involve only distribution. In no event shall the travel details to the GOTR no later than commitments for which a need existed USDOL logo be placed on any item until 4 weeks prior to the desired departure during the grant period and which are USDOL has given the Grantee written date. If any major holiday occurs during supported by approved contracts, permission to use the logo on the item. those 4 weeks, travelers should submit purchase orders, requisitions, invoices, • All documents should include the finalized details earlier. bills, or other evidence of liability following notice: ‘‘This document does Individuals are not permitted to travel consistent with the Grantee’s not necessarily reflect the views or until USDOL/ILAB has received country purchasing procedures and incurred policies of the U.S. Department of clearance from the State Department within the grant period. All Labor, nor does mention of trade names, (via e-mail or cable) or has received encumbrances/ obligations incurred commercial products, or organizations written authorization (including by e- during the grant period must be imply endorsement by the U.S. mail) from the GOTR. This also applies liquidated within 90 days after the end Government.’’ to expatriates living abroad who go on of the grant period, if practicable. personal or home leave: although they VIII. Administrative Requirements do not need clearance to enter the U.S., D. Site Visits they do need clearance to re-enter the A. General USDOL, through its authorized country in which they are stationed. Grantees, which may include faith- representatives, has the right, at all While travelers may cancel trips at based organizations, will be subject to reasonable times, to make site visits to any time, USDOL/ILAB will not permit applicable Federal laws (including review project accomplishments and any amendments to a clearance cable provisions of appropriations law) and management control systems and to (e.g., for changes in dates of travel, or the applicable Office of Management provide such technical assistance as changes in the identified traveler) less and Budget (OMB) Circulars. may be required. If USDOL makes any than four weeks prior to the desired date Determinations of allowable costs will site visit on the premises of the Grantee of departure, except in dire be made in accordance with the or a sub-contractor(s) under this grant, emergencies, as determined by the applicable Federal cost principles, e.g., the Grantee must provide and must GOTR. Non-Profit Organizations—OMB require its sub-contractors to provide all

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reasonable facilities and assistance for kind share committed to, less the share Grant Officer’s determination for award the safety and convenience of the actually provided. under this SGA is final. Government representatives in the • The Grantee shall account for any A.The Review Process performance of their duties. All site property acquired with grant funds, or visits and evaluations will be performed received from the Government in The criteria below will serve as the so as not to unduly delay the work. accordance with the provisions of 29 basis upon which submitted applications will be evaluated. IX. Grant Closeout Procedures CFR part 95. • In the event that a final audit has Technical aspects of the application will constitute 100 points of the total A. Definitions not been performed prior to the closeout evaluation. Up to five (5) additional of the grant, the Grantor shall retain the 1. Grant Closeout points will be given for leveraging non- right to recover an appropriate amount Federal resources. The closeout of a grant is the process after fully considering the by which a Federal grantor agency In order to assist USDOL in assessing recommendations on disallowed costs the efficient and effective allocation of determines that all applicable resulting from the final audit. administrative actions and all required project funding, the Applicant shall work of the grant have been completed X. Measuring the Performance of the submit a project budget that clearly by the grantee and the grantor. Grantee details the costs for performing all of the requirements presented in this 2. Date of Completion The performance of the Grantee will solicitation, including producing all be assessed based on the timely The date when all work under a grant deliverables, reporting on completion of one or more deliverables is completed or the date in the grant implementation and progress, and that will be due to USDOL at the end award document, or any supplement or monitoring progress. Applicants are of each quarter of the Grant. These amendment thereto, on which Federal reminded to budget for compliance with deliverables should reflect the outcomes assistance ends, whichever comes first. the administrative requirements set of the project that are expected to help forth (copies of all regulations 3. Disallowed Costs achieve the project’s objective(s). referenced in this SGA are available at Disallowed costs are those charges to Applicants are requested to include in no cost, on-line, at http://www.dol.gov). a grant that the grantor agency or its their proposal a project implementation This includes the costs of performing representative determines to not be plan and approach to monitor the activities such as travel to Washington, allowed in accordance with the performance of the project throughout DC to meet with USDOL/ILAB, financial applicable Federal Cost Principles or the period of the grant. The audit, project closeout, document other conditions contained in the grant. implementation plan is to consist of a preparation (e.g., progress reports, quarterly schedule of activities and list project document), and ensuring B. Close-out Procedures of deliverables that would be completed compliance with procurement and Grants shall be closed out in by the contractor each quarter. The property standards. The Project Budget accordance with the following defined list and schedule of deliverables should identify administrative costs procedures: is viewed by USDOL as a key separately from programmatic costs. In • Upon request, the Grantor shall component of the technical proposal. addition to the costs identified make prompt payments to a Grantee for XI. Review and Selection of previously, administrative costs include allowable reimbursable costs under the Applications for Award indirect costs from the costs pool and grant being closed out. the cost of activities, materials (e.g., • The Grantee shall immediately USDOL will screen all applications to project car), and personnel (e.g., refund to the Grantor any balance of determine whether all required administrative assistants, office drivers) unobligated (unencumbered) cash elements are present and clearly that support the management and advanced to the Grantee that is not identifiable. A Technical Panel will administration of the project but do not authorized for retention by the Grantee objectively rate each complete provide direct services to project for use on other grants. application against the criteria beneficiaries. • Within 90 days after completion of described in this announcement. The The technical panel will review grant the grant, the Grantee shall submit all panel recommendations to the Grant applicants against the criteria listed financial, performance and other reports Officer are advisory in nature. The Grant below on the basis of 100 points. required by the Grant Officer to close Officer may elect to select one or more out the grant. The Grant Officer may Grantees on the basis of the initial B. Technical Approach—45 points authorize extensions when requested by proposal submission, or the Grant • The extent to which the application the grantee. Officer may establish a competitive or sets forth a clear and supportable course • The Grant Officer shall make a technically acceptable range for the of action to increase knowledge among settlement for any upward or downward purpose of selecting qualified Ugandan workers of effective HIV/AIDS adjustments to the Federal share of costs applicants. If deemed appropriate, prevention practices through: (a) after these reports are received. following the Grant Officer’s call for the Strategically focused HIV/AIDS • In the case of grants that include preparation and receipt of final prevention education applying the matching/in-kind contributions, the revisions of proposals, the evaluation ‘‘ABC’’ and other methods to high-risk Grantee is legally required to provide process described above will be groups, (b) partnering with qualified the total amount of matching/in-kind repeated to consider such revisions. The Ugandan community and/or faith-based contributions indicated on the face Grant Officer will make a final selection organizations working in the area of sheet of the agreement, as amended. determination based on what is most HIV/AIDS prevention to increase their Failure to provide this level of advantageous to the Government, resource base and reach, and (c) matching/in-kind contribution shall considering factors such as panel mentoring and strengthening the result in the disallowance of all or part findings, geographic presence of the capacity of qualified Ugandan of otherwise allowable Federal share applicants, and the best value to the community and/or faith-based costs, equal to the total matching/in- government, cost, and other factors. The organizations to develop and implement

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sustainable and effective HIV/AIDS be found in the applicable OMB individual’s current employment status prevention strategies. The Applicant Circulars) and with ILAB budget and previous work experience, will be evaluated on the clear requirements contained in the including position title, duties identification and description of the application instructions in Section III of performed, dates in position, employing specific strategy(s) the Applicant this solicitation. (10 points) organizations, and educational proposes to use, its effectiveness, and • Use of existing expertise from the background. Duties must be clearly attainability of project objectives by the recipient country in order to reduce defined in terms of role performed (i.e., end of the grant period. (10 points) costs and further develop local capacity. manager, team leader, consultant). • Demonstrated familiarity with the (5 points) Re´sume´s shall be included as major issues related to the components • Inclusion of a sustainability strategy attachments, which do not count against being addressed (e.g., general project that ensures that project improvements the page limitation. (20 points) context, key problems and/or needs in will continue after the project ends. (5 • Clear management plan the relevant country/area, the specific points) demonstrating the staffing requirements problem(s) and/or need(s) that will be • Submission of a schedule of and other resources needed to addressed by this project(s), and quarterly deliverables that will serve to implement the approach. (10 points) relevant constraints). The Applicant determine the level of performance of will be evaluated on the thorough and the contractor. The identification of E. Leveraging of Grant Funding—5 accurate assessment of the deliverables that are presented in the points implementing environment and the proposal should be objective, verifiable, USDOL will award up to five (5) problems that exist and clear and demonstrate progress in achieving additional rating points to applications identification of the specific problem(s) project objectives. (5 points) that include non-Federal resources that the Applicant proposes to address. (5 significantly expand the size and scope C. Institutional Qualifications/Past points) of project-related activities. These Performance—25 points • A monitoring and evaluation plan programs will not be financed by the for measuring project performance that • Prior experience working in the project, but can complement and includes challenging but realistic targets area of HIV/AIDS prevention education enhance project objectives. To be and measurable, verifiable project and/or workplace-based programs in eligible for the additional points, the indicators that measure achievement of developing countries, especially in applicant must list the resource(s), the project objectives and performance in Uganda. The application shall include nature, and possible activities project implementation. (5 points) information as an attachment (which anticipated and any partnerships, • A description of the applicant’s will not count towards the page limit) linkages, or coordination of activities, approach to expending funds in the regarding previous grants, contracts, or cooperative funding, etc. most cost-effective method possible in grants, including (a) the organization for order to achieve the project objectives. which the work was done, (b) a contact F.Suggested Outline for Technical The applicant should refer to its person in that organization with his/her Proposal submitted budget in explaining how the current phone number, (c) the dollar This outline is provided as a budgeted funds will be utilized cost- value of the grant, contract, or Grant for guideline. Organizations may elect a effectively. In order to assist USDOL in the project(s), (d) the time frame and format of their choosing, subject to the assessing the efficient and effective professional effort, either directly by key requirements of this announcement. allocation of project funding, the personnel, by consultants, or under Applicant shall submit, at minimum, contractual arrangements involved in 1. Executive Summary supporting budget information the project(s), (e) a brief summary of the 2. Program Description indicating how the Applicant arrived at work performed; and (f) a brief summary Goal and Objectives, Background, estimating the costs of the following of accomplishments. (10 points) Technical Approach and items/activities: salaries and benefits for • Clear organizational structure and Implementation Timetable (Proposed all key personnel, 2–3 key activities management plan, illustrating Intervention), Experience of Personnel, proposed by the Applicant under its experience with carrying out Identification of Deliverables and project design, and closing the project participatory development activities Quarterly Schedule of their submission and meeting all USDOL close-out with organizations (i.e., government to determine contractor performance, requirements, as stated in this SGA. The ministries, employer organizations, Staffing Pattern and Project Applicant will be evaluated based on worker organizations, community Management Organizational Chart, the clear identification of all project organizations) and maintaining positive Leveraging of non-Federal Resources. costs and efficient and effective and effective relationships with allocation of funding. The project partners. (10 points) 3. Attachments budget should clearly demonstrate that • Demonstration of strong financial Summaries of other relevant the total amount and distribution of management and internal control organizational experiences, Resumes of funds is sufficient to cover the cost of systems. (5 points) key personnel and signed letters of all major project activities identified by commitment to the project. the Applicant in its proposal, D. Experience of Personnel—30 points Successful proposals submitted in management of the project, monitoring • Key personnel with prior response to this SGA will be and evaluation, and project close-out experience directly related to the incorporated into the text of the grant and that the distribution of funds proposed work, including technical and with the selected applicant(s). maximizes the provision of goods and/ language qualifications, professional or services to project beneficiaries. This competence, relevant academic Signed at Washington, DC, this 14th day of section will be evaluated in accordance background, and demonstrated July, 2003. with applicable Federal laws and experience. Applicants shall submit a Lawrence J. Kuss, regulations. The budget must comply re´sume´ for each key personnel Grant Officer. with Federal cost principles (which can proposed, which includes the BILLING CODE 4510–28–P

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[FR Doc. 03–18255 Filed 7–17–03; 8:45 am] DATES: Public comments should be to the agreement have in effect laws BILLING CODE 4510–28–C received no later than 5 p.m. September governing exploitative child labor.’’ The 2, 2003. notification letters to the Congress ADDRESSES: Persons submitting regarding the President’s intent to enter DEPARTMENT OF LABOR comments are strongly advised to make into trade negotiations with Australia such submissions by electronic mail to can be found on the USTR Web site at Office of the Secretary the following address: http://www.ustr.gov/releases/2002/11/ [email protected]. Submissions 2002–11–13-australia-hastert.PDF and Bureau of International Labor Affairs; by facsimile may be sent to: Betsy White http://www.ustr.gov/releases/2002/11/ Request for Information Concerning at the Office of International Economic 2002–11–13-australia-byrd.PDF. Labor Rights in Australia and Its Laws Affairs, Bureau of International Labor Governing Exploitative Child Labor II. Information Sought Affairs, (202) 693–4851. FOR FURTHER INFORMATION CONTACT: For Interested parties are invited to AGENCIES: Office of the Secretary, Labor; submit written information as specified Office of the United States Trade procedural questions regarding the submissions, please contact Betsy below to be taken into account in Representative, and Department of drafting the required reports. Materials State. White, Office of International Economic Affairs, Bureau of International Labor submitted should be confined to the ACTION: Request for public comments. Affairs, at (202) 693–4919, facsimile specific topics of the reports. In (202) 693–4851. These are not toll-free particular, agencies are seeking written SUMMARY: This notice is a request for numbers. Substantive questions submissions on the following topics: public comments to assist the Secretary concerning the labor rights report and/ 1. Australia’s labor laws, including of Labor, the United States Trade or the report on Australia’s laws laws governing exploitative child labor, Representative, and the Secretary of governing exploitative child labor and Australia’s implementation and State in preparing reports regarding should be addressed to Jorge Perez- enforcement of such laws and labor rights in Australia and describing Lopez, Office of International Economic regulations; 2. The situation in Australia with the extent to which Australia has in Affairs, Bureau of International Labor respect to core labor standards; effect laws governing exploitative child Affairs, U.S. Department of Labor, 200 3. Steps taken by Australia to comply labor. The Trade Act of 2002 requires Constitution Avenue, NW., Washington, with International Labor Organization reports on these issues and others when DC 20210, telephone (202) 693–4883. Convention 182 on the worst forms of the President intends to use trade SUPPLEMENTARY INFORMATION: child labor; and promotion authority procedures in I. Background 4. The nature and extent, if any, of connection with legislation approving exploitative child labor in Australia. and implementing a trade agreement. The Trade Act of 2002 (Pub. L. 107– Section 2113(6) of the Trade Act On November 13, 2002, in accordance 210) (the Trade Act) sets forth special defines ‘‘core labor standards’’ as: with section 2104(a)(1) of the Trade Act procedures (Trade Promotion Authority) (A) The right of association; of 2002, the United States Trade for approval and implementation of (B) The right to organize and bargain Representative (USTR), Ambassador Agreements subject to meeting collectively; Robert B. Zoellick, notified the Congress conditions and requirements in the Act. (C) A prohibition on the use of any of the President’s intent to enter into Division B of the Trade Act, entitled the form of forced or compulsory labor; trade negotiations with Australia. The Bipartisan Trade Promotion Authority (D) A minimum age for the interagency Trade Policy Staff Act of 2002. The Trade Act includes employment of children; and Committee (TPSC) invited the public to negotiating objectives and a listing of (E) Acceptable conditions of work provide written comments and/or oral priorities for the President to promote in with respect to minimum wages, hours testimony at a public hearing conducted order to ‘‘address and maintain United of work, and occupational safety and on January 15, 2003, to assist USTR in States competitiveness in the global health. formulating positions and proposals economy’’ in pursuing future trade with respect to all aspects of the agreements 19 U.S.C. 3802(a)–(c). The III. Requirements for Submissions negotiations (67 FR 76431) (Dec 12, President delegated several of the This document is a request for facts or 2002). The first round of the U.S.– functions in section 3802(c) to the opinions submitted in response to a Australia FTA negotiations took place Secretary of Labor. (E.O. 13277). These general solicitation of comments from March 17–21 in Canberra, Australia, and include the functions set forth in section the public. To ensure prompt and full a second round took place in Honolulu, 2102(c)(8), which requires that the consideration of submissions, we Hawaii, May 19–23. A third round is President ‘‘in connection with any trade strongly recommend that interested scheduled for July, with negotiations negotiations entered into under this Act, persons submit comments by electronic expected to be completed by the end of submit to the Committee on Ways and mail to the following e-mail address: 2003. An agreement resulting from these Means of the House of Representatives [email protected]. Persons negotiations will be subject to trade and the Committee on Finance of the making submissions by e-mail should promotion authority procedures. The Senate a meaningful labor rights report use the following subject line: President assigned the functions of of the country, or countries, with ‘‘Australia: Labor Rights and Child preparing reports regarding labor rights respect to which the President is Labor Reports.’’ Documents should be and the existence of laws governing negotiating’’ and the function in section submitted in WordPerfect, MSWord, or exploitative child labor to the Secretary 2102(c)(9), which requires that the text (.TXT) format. Supporting of Labor, in consultation with the President ‘‘with respect to any trade documentation submitted as Secretary of State and the United States agreement which the President seeks to spreadsheets is acceptable in Quattro Trade Representative. The Secretary of implement under trade authorities Pro or Excel format. Persons who make Labor further assigned these functions procedures, submit to the Congress a submissions by e-mail should not to the Secretary of State and the United report describing the extent to which provide separate cover letters; States Trade Representative. the country or countries that are parties information that might appear in a cover

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letter should be included in the prevailing by the Secretary of Labor in Modification to General Wage submission itself. Similarly, to the accordance with the Davis-Bacon Act. Determination Decisions extent possible, any attachments to the The prevailing rates and fringe benefits The number of the decisions listed to submission should be included in the determined in these decisions shall, in the Government Printing Office same file as the submission itself, and accordance with the provisions of the document entitled ‘‘General Wage not as separate files. Written comments foregoing statutes, constitute the Determinations Issued Under the Davis- will be placed in a file open to public minimum wages payable on Federal and Bacon and related Acts’’ being modified inspection at the Department of Labor, federally assisted construction projects are listed by Volume and State. Dates of Room S–5317, 200 Constitution Avenue, to laborers and mechanics of the publication in the Federal Register are NW., Washington DC and in the USTR specified classes engaged on contract in parentheses following the decisions Reading Room in Room 3 of the annex work of the character and in the being modified. of the Office of the USTR, 1724 F Street, localities described therein. NW., Washington, DC 20508. An Volume I Good cause is hereby found for not appointment to review the file at the None Department of Labor may be made by utilizing notice and public comment contacting Betsy White at (202) 693– procedure thereon prior to the issuance Volume II 4919. An appointment to review the file of these determinations as prescribed in None 5 U.S.C. 553 and not providing for delay at USTR may be made by calling (202) Volume III 395–6186. The USTR Reading Room is in the effective date as prescribed in that generally open to the public from 10 section, because the necessity to issue None a.m.–12 noon and 1–4 p.m. Monday current construction industry wage Volume IV through Friday. Appointments must be determinations frequently and in large None scheduled at least 48 hours in advance. volume cause procedures to be Volume V Signed at Washington, DC, this 9th of July, impractical and contrary to the public 2003. interest. None Arnold Levine, General wage determination Volume VI Associate Deputy Under Secretary for decisions, and modifications and None International Affairs. supersedeas decisions thereto, contain Volume VII [FR Doc. 03–18254 Filed 7–17–03; 8:45 am] no expiration dates and are effective None BILLING CODE 4510–28–P from their date of notice in the Federal Register, or on the date written notice General Wage Determination is received by the agency, whichever is DEPARTMENT OF LABOR Publication earlier. These decisions are to be used General Wage determinations issued Employment Standards in accordance with the provisions of 29 CFR parts 1 and 5. Accordingly, the under the Davis-Bacon and related Acts, Administration; Wage and Hour including those noted above, may be applicable decision, together with any Division found in the Government Printing Office modifications issued, must be made a (GPO) document entitled ‘‘General Wage Minimum Wages for Federal and part of every contract for performance of determinations Issued Under the Davis- Federally Assisted Construction; the described work within the Bacon And Related Acts’’. This General Wage Determination Decisions geographic area indicated as required by publication is available at each of the 50 General wage determination decisions an applicable Federal prevailing wage Regional Government Depository of the Secretary of Labor are issued in law and 29 CFR part 5. The wage rates Libraries and many of the 1,400 accordance with applicable law and are and fringe benefits, notice of which is Government Depository Libraries across based on the information obtained by published herein, and which are the country. the Department of Labor from its study contained in the Government Printing General wage determinations issued of local wage conditions and data made Office (GPO) document entitled under the Davis-Bacon and related Acts available from other sources. They ‘‘General Wage Determinations Issued are available electronically at no cost on specify the basic hourly wage rates and Under The Davis-Bacon And Related the Government Printing Office site at fringe benefits which are determined to Acts,’’ shall be the minimum paid by http://www.access.gpo.gov/davisbacon. be prevailing for the described classes of contractors and subcontractors to They are also available electronically by laborers and mechanics employed on laborers and mechanics. subscription to the Davis-Bacon Online construction projects of a similar Any person, organization, or Service (http:// character and in the localities specified governmental agency having an interest davisbacon.fedworld.gov) of the therein. in the rates determined as prevailing is National Technical Information Service The determinations in these decisions encouraged to submit wage rate and (NTIS) of the U.S. Department of of prevailing rates and fringe benefits fringe benefit information for Commerce at 1–800–363–2068. This have been made in accordance with 29 consideration by the Department. subscription offers value-added features CFR part 1, by authority of the Secretary such as electronic delivery of modified of Labor pursuant to the provisions of Further information and self- wage decisions directly to the user’s the Davis-Bacon Act of March 3, 1931, explanatory forms for the purpose of desktop, the ability to access prior wage as amended (46 Stat. 1494, as amend, 40 submitting this data may be obtained by decisions issued during the year, U.S.C. 276a) and of other Federal writing to the U.S. Department of Labor, extensive Help desk Support, etc. statutes referred to in 29 CFR part 1, Employment Standards Administration, Hard-copy subscriptions may be Appendix, as well as such additional Wage and Hour Division, Division of purchased from: Superintendent of statutes as may from time to time to be Wage Determinations, 200 Constitution Documents; U.S. Government Printing enacted containing provisions for the Avenue, NW., Room S–3014, Office, Washington, DC 20402, (202) payment of wages determined to be Washington, DC 20210. 512–1800.

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When ordering hard-copy PLACE: On board MISSISSIPPI V at and its tributaries; (2) District subscription(s), be sure to specify the Riverfront, St. Louis, MO. Commander’s overview of current State(s) of interest, since subscriptions STATUS: Open to the public. project issues within the Vicksburg may be ordered for any or all of the six MATTERS TO BE CONSIDERED: (1) District; and (3) Presentations by local separate Volumes, arranged by State. Summary report by President of the organizations and members of the Subscriptions include an annual edition Commission on national and regional public giving views or comments on any (issued in January or February) which issues affecting the U.S. Army Corps of issue affecting the programs or of the includes all current general wage Engineers and Commission programs Commission and the Corps of Engineers. determinations for the States covered by and projects on the Mississippi River TIME AND DATE: 9 a.m., August 22, 2003. each volume. Throughout the remainder and its tributaries; (2) District PLACE: On board MISSISSIPPI V at Port of the year, regular weekly updates will Commander’s overview of current Commission Dock, Morgan City, LA. be distributed to subscribers. project issues within the St. Louis STATUS: Open to the public. Signed at Washington, DC, this 10th day of District and; (3) Presentations by local July, 2003. MATTERS TO BE CONSIDERED: (1) organizations and members of the Summary report by President of the Carl Poleskey, public giving views or comment on any Commission on national and regional Chief, Branch of Construction Wage issue affecting the programs or projects Determinations. issues affecting the U.S. Army Corps of of the Commission and the Corps of Engineers and Commission programs [FR Doc. 03–17974 Filed 7–17–03; 8:45 am] Engineers. and projects on the Mississippi River BILLING CODE 4510–27–M TIME AND DATE: 9 a.m., August 18, 2003. and its tributaries; (2) District PLACE: On board MISSISSIPPI V at River Commander’s overview of current Park, Tiptonville, TN. project issues within the New Orleans MISSISSIPPI RIVER COMMISSION District; and (3) Presentations by local STATUS: Open to the public. Sunshine Act Meetings organizations and members of the MATTERS TO BE CONSIDERED: (1) public giving views or comments on any Summary by President of the AGENCY HOLDING THE MEETINGS: issue affecting the programs or of the Commission on national and regional Commission and the Corps of Engineers. Mississippi River Commission. issues affecting the U.S. Army Corps of CONTACT PERSON FOR MORE INFORMATION: TIME AND DATE: 9 a.m., August 11, 2003. Engineers and Commission programs Mr. Stephen Gambrell, telephone 601– PLACE: On board MISSISSIPPI V at and projects on the Mississippi River 634–5766. Lambert’s Landing, St. Paul, MN. and its tributaries; (2) District STATUS: Open to the public. Commander’s overview of current Timothy S. Gambrell, MATTERS TO BE CONSIDERED: (1) project issues within the Memphis Acting Secretary, Mississippi River Summary report by President of the District; and (3) Presentations by local Commission. Commission on national and regional organizations and members of the [FR Doc. 03–18440 Filed 7–16–03; 11:56 am] issues affecting the U.S. Army Corps of public giving views or comments on any BILLING CODE 3710–GX–M Engineers and Commission programs issue affecting the programs or of the and projects on the Mississippi River Commission and the Corps of Engineers. and its tributaries; (2) District TIME AND DATE: 9 a.m., August 19, 2003. NUCLEAR REGULATORY Commander’s overview of current COMMISSION project issues within the St. Paul PLACE: On board MISSISSIPPI V at Tom District; and (3) Presentations by local Sawyer Park, West Memphis, AR. [Docket No. 30–36239–ML; ASLBP No. 03– organizations and members of the STATUS: Open to the public. 814–01–ML] public giving views or comments on any MATTERS TO BE CONSIDERED: (1) CFC Logistics, Inc.; Designation of issue affecting the programs or projects Summary report by President of the Presiding Officer of the Commission and the Corps of Commission on national and regional Engineers. issues affecting the U.S. Army Corps of Pursuant to delegation by the TIME AND DATE: 1:30 p.m., August 14, Engineers and Commission programs Commission, see 37 FR 28710 (Dec. 29, 2003. and projects on the Mississippi River 1972), and the Commission’s PLACE: On board MISSISSIPPI V at City and its tributaries; (2) District regulations, see 10 CFR 2.1201, 2.1207, Front, Hannibal, MO. Commander’s overview of current notice is hereby given that (1) a single project issues within the Memphis member of the Atomic Safety and STATUS: Open to the public. District; and (3) Presentations by local Licensing Board Panel is designated as MATTERS TO BE CONSIDERED: (1) organizations and members of the Presiding Officer to rule on petitions for Summary report by President of the public giving views or comments on any leave to intervene and/or requests for Commission on national and regional issue affecting the programs or of the hearing; and (2) upon making the issues affecting the U.S. Army Corps of Commission and the Corps of Engineers. requisite findings in accordance with 10 Engineers and Commission programs TIME AND DATE: 9 a.m., August 20, 2003. CFR 2.1205(h), the Presiding Officer and projects on the Mississippi River will conduct an adjudicatory hearing in PLACE: and its tributaries; (2) District On board MISSISSIPPI V at the following proceeding: CFC Logistics, Commander’s overview of current Tennis Court Boat Ramp, Mayersville, Inc., Quakertown, Pennsylvania project issues within the Rock Island MS. (Materials License). District; and (3) Presentations by local STATUS: Open to the public. The hearing will be conducted organizations and members of the MATTERS TO BE CONSIDERED: (1) pursuant to 10 CFR Part 2, Subpart L, public giving views or comments on any Summary report by President of the of the Commission’s Regulations, issue affecting the programs or projects Commission on national and regional ‘‘Informal Hearing Procedures for of the Commission and the Corps of issues affecting the U.S. Army Corps of Adjudications in Materials and Operator Engineers. Engineers and Commission programs Licensing Proceedings.’’ This TIME AND DATE: 9 a.m., August 15, 2003. and projects on the Mississippi River proceeding concerns a June 23, 2003

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hearing request submitted by twenty- The purpose of this meeting is to gather professionals will be able to prepare and two residents of Milford Township, information, analyze relevant issues and submit premium filings. This notice Pennsylvania, regarding a February 19, facts, and formulate proposed positions informs the public of the PBGC’s intent 2003 materials license application by and actions, as appropriate, for and solicits public comment on the CFC Logistics, Inc., to use cobalt-60 in deliberation by the full Committee. collection of information. the irradiation of a wide range of Members of the public desiring to DATES: Comments should be submitted materials, including food, cosmetic, and provide oral statements and/or written by September 16, 2003. pharmaceutical products, at a facility comments should notify the Designated ADDRESSES: Comments may be mailed to located in Quakertown, Pennsylvania. Federal Official, Mr. Howard J. Larson the Office of the General Counsel, The Presiding Officer in this (Telephone: 301/415–6805) between Pension Benefit Guaranty Corporation, proceeding is Administrative Judge 7:30 a.m. and 4:15 p.m. (ET) five days 1200 K Street, NW., Washington, DC Michael C. Farrar. Pursuant to the prior to the meeting, if possible, so that 20005–4026, or delivered to Suite 340 at provisions of 10 CFR 2.722, 2.1209, appropriate arrangements can be made. that address during normal business Administrative Judge Charles N. Kelber Electronic recordings will be permitted hours. Comments also may be submitted has been appointed to assist the only during those portions of the electronically through the PBGC’s Web Presiding Officer in taking evidence and meeting that are open to the public. site at www.pbgc.gov/paperwork, or by in preparing a suitable record for Further information regarding this fax to 202–326–4112. The PBGC will review. meeting can be obtained by contacting make all comments available on its Web All correspondence, documents, and the Designated Federal Official between site at www.pbgc.gov. other materials shall be filed with 7:30 a.m. and 4:15 p.m. (ET). Persons Copies of the collection of Judges Farrar and Kelber in accordance planning to attend this meeting are information may be obtained without with 10 CFR 2.1203. Their addresses urged to contact the above named charge by writing to the PBGC’s are: individual at least two working days Communications and Public Affairs Administrative Judge Michael C. Farrar, prior to the meeting to be advised of any Department at Suite 240 at the above Presiding Officer, Atomic Safety and potential changes in the agenda. address or by visiting that office or Licensing Board Panel, U.S. Nuclear Dated: July 11, 2003. calling 202–326–4040 during normal Regulatory Commission, Washington, Sher Bahadur, business hours. (TTY and TDD users DC 20555–0001; Associate Director for Technical, Support, may call the Federal relay service toll- Dr. Charles N. Kelber, Special Assistant, ACRS/ACNW. free at 1–800–877–8339 and ask to be Atomic Safety and Licensing Board [FR Doc. 03–18261 Filed 7–17–03; 8:45 am] connected to 202–326–4040.) The Panel, U.S. Nuclear Regulatory BILLING CODE 7590–01–P premium payment and participant Commission, Washington, DC 20555– notice regulations and the premium 0001. forms and instructions for 2003 and Issued at Rockville, Maryland, this 14th PENSION BENEFIT GUARANTY prior years can be accessed on the day of July 2003. CORPORATION PBGC’s Web site at www.pbgc.gov. G. Paul Bollwerk, III, FOR FURTHER INFORMATION CONTACT: Chief Administrative Judge, Atomic Safety Proposed Submission of Information Deborah C. Murphy, Staff Attorney, and Licensing Board Panel. Collection for OMB Review; Comment Office of the General Counsel, Pension [FR Doc. 03–18263 Filed 7–17–03; 8:45 am] Request; Payment of Premiums Benefit Guaranty Corporation, 1200 K BILLING CODE 7590–01–P AGENCY: Pension Benefit Guaranty Street, NW., Washington, DC 20005– Corporation. 4026, 202–326–4024. (TTY and TDD users may call the Federal relay service ACTION: Notice of intention to request NUCLEAR REGULATORY extension of OMB approval of revised toll-free at 1–800–877–8339 and ask to COMMISSION collection of information. be connected to 202–326–4024.) SUPPLEMENTARY INFORMATION: Section Advisory Committee on Nuclear Waste SUMMARY: The Pension Benefit Guaranty 4007 of Title IV of the Employee Meeting on Planning and Procedures; Corporation (‘‘PBGC’’) intends to Retirement Income Security Act of 1974 Notice of Meeting request that the Office of Management (‘‘ERISA’’) requires the Pension Benefit The ACNW will hold a Planning and and Budget (‘‘OMB’’) extend approval, Guaranty Corporation (‘‘PBGC’’) to Procedures meeting on July 29, 2003, under the Paperwork Reduction Act, of collect premiums from pension plans Room T–2B1, 11545 Rockville Pike, the collection of information under its covered under Title IV pension Rockville, Maryland. regulation on Payment of Premiums (29 insurance programs. Pursuant to ERISA The entire meeting will be open to CFR part 4007) (OMB control number section 4007, the PBGC has issued its public attendance, with the exception of 1212–0009; expires January 31, 2005). regulation on Payment of Premiums (29 a portion that may be closed pursuant The collection of information also CFR part 4007). Section 4007.3 of the to 5 U.S.C. 552b(c) (2) and (6) to discuss includes a certification of compliance premium payment regulation requires organizational and personnel matters with requirements to provide certain plans, in connection with the payment that relate solely to internal personnel notices to participants under the PBGC’s of premiums, to file forms prescribed by rules and practices of ACNW, and regulation on Disclosure to Participants the PBGC, and § 4007.10 requires plans information the release of which would (29 CFR part 4011). The PBGC is to retain and make available to the constitute a clearly unwarranted revising the collection of information to PBGC records supporting or validating invasion of personal privacy. provide for electronic filing of premium the computation of premiums paid. The agenda for the subject meeting information and payments. The PBGC The PBGC has prescribed a series of shall be as follows: intends to create an electronic facility, premium forms: Form 1–ES, Form 1–EZ, ‘‘My Plan Administration Account’’ and Form 1 and (for single-employer Tuesday, July 29, 2003—8 a.m.–9 a.m. (‘‘MyPAA’’), on its Web site at plans only) Schedule A to Form 1. Form The Committee will discuss proposed www.pbgc.gov, through which plan 1–ES is issued, with instructions, in the ACNW activities and related matters. administrators and other plan PBGC’s Estimated Premium Payment

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Package. Form 1–EZ, Form 1, and experience, it intends to make MyPAA approval (with modifications) of a Schedule A are issued, with available for all plans. collection of information under the instructions, in the PBGC’s Annual The PBGC intends to request that Paperwork Reduction Act. The purpose Premium Payment Package. OMB extend its approval of this of the information collection is to enable Premium forms are needed to report collection of information, as revised, for the PBGC to pay benefits to participants the computation, determine the amount, three years from the date of approval. and beneficiaries in plans covered by and record the payment of PBGC An agency may not conduct or sponsor, the PBGC insurance program. The PBGC premiums. The submission of forms and and a person is not required to respond intends to create an electronic facility, retention and submission of records are to, a collection of information unless it My Pension Benefit Account (‘‘My needed to enable the PBGC to perform displays a currently valid OMB control PBA’’), on its Web site at www.pbgc.gov, premium audits. The plan administrator number. through which plan participants will be of each pension plan covered by Title IV The PBGC estimates that it will able to conduct electronic transactions of ERISA is required to file one or more receive responses annually from about with the PBGC. This notice informs the premium forms each year. The PBGC 31,162 plan administrators and that the public of the PBGC’s intent and solicits uses the information on the premium total annual burden of the collection of public comment on the collection of forms to identify the plans paying information will be about 2,140 hours information. premiums; to verify whether plans are and $8,135,400. (These estimates DATES: Comments should be submitted paying the correct amounts; and to help include paper and electronic filings.) by September 16, 2003. the PBGC determine the magnitude of The PBGC is soliciting public ADDRESSES: Comments may be mailed to its exposure in the event of plan comments to— • the Office of the General Counsel, termination. That information and the Evaluate whether the collection of Pension Benefit Guaranty Corporation, retained records are used for audit information is necessary for the proper 1200 K Street, NW., Washington, DC purposes. performance of the functions of the 20005–4026, or delivered to Suite 340 at In addition, section 4011 of ERISA agency, including whether the that address during normal business and the PBGC’s regulation on Disclosure information will have practical utility; • hours. Comments also may be submitted to Participants (29 CFR part 4011) Evaluate the accuracy of the electronically through the PBGC’s Web require plan administrators of certain agency’s estimate of the burden of the site at www.pbgc.gov/paperwork, or by underfunded single-employer pension collection of information, including the fax to 202–326–4112. The PBGC will plans to provide an annual notice to validity of the methodology and make all comments available on its Web assumptions used; plan participants and beneficiaries of • site at www.pbgc.gov. the plans’ funding status and the limits Enhance the quality, utility, and Copies of the collection of on the Pension Benefit Guaranty clarity of the information to be information may be obtained without collected; and Corporation’s guarantee of plan benefits. • charge by writing to the PBGC’s In general, the participant notice Minimize the burden of the Communications and Public Affairs requirement applies (subject to certain collection of information on those who Department at Suite 240 at the above exemptions) to plans that must pay a are to respond, including through the address or by visiting that office or variable-rate premium. In order to use of appropriate automated, calling 202–326–4040 during normal monitor compliance with part 4011, electronic, mechanical, or other business hours. (TTY and TDD users single-employer plan administrators technological collection techniques or may call the Federal relay service toll- must indicate on their premium filings other forms of information technology, free at 1–800–877–8339 and ask to be whether the participant notice e.g., permitting electronic submission of connected to 202–326–4040.) requirements have been complied with. responses. FOR FURTHER INFORMATION CONTACT: The collection of information under Issued in Washington, DC, this 15th day of Catherine B. Klion, Attorney, Office of the regulation on Payment of Premiums, July, 2003. the General Counsel, Pension Benefit including Form 1–ES, Form 1–EZ, Form Stuart A. Sirkin, Guaranty Corporation, 1200 K Street, 1, and Schedule A to Form 1, and Director, Corporate Policy and Research NW., Washington, DC 20005–4026, 202– related instructions has been approved Department, Pension Benefit Guaranty 326–4024. (TTY/TDD users may call the by OMB under control number 1212– Corporation. Federal relay service toll-free at 1–800– 0009. The collection of information also [FR Doc. 03–18330 Filed 7–17–03; 8:45 am] 877–8339 and ask to be connected to includes the certification of compliance BILLING CODE 7708–01–P 202–326–4024.) with the participant notice requirements SUPPLEMENTARY INFORMATION: The PBGC (but not the participant notices intends to request that OMB extend its themselves). PENSION BENEFIT GUARANTY approval (with modifications) of a The PBGC is revising the collection of CORPORATION collection of information needed to pay information to provide for electronic participants and beneficiaries who may Proposed Submission of Information filing of premium information and be entitled to pension benefits under a Collection for OMB Review; Comment payments. As part of the PBGC’s defined benefit plan that has Request; Locating and Paying ongoing implementation of the terminated. The collection consists of Participants Government Paperwork Elimination Act information participants and (GPEA), the PBGC is creating an AGENCY: Pension Benefit Guaranty beneficiaries are asked to provide in application, ‘‘My Plan Administration Corporation. connection with an application for Account’’ (‘‘MyPAA’’) on its Web site at ACTION: Notice of intention to request benefits. In addition, in some instances, www.pbgc.gov, through which plan extension of OMB approval. as part of a search for participants and administrators and other plan beneficiaries who may be entitled to professionals will be able to prepare and SUMMARY: The Pension Benefit Guaranty benefits, the PBGC requests individuals submit premium filings. Initially, Corporation (‘‘PBGC’’) intends to to provide identifying information that MyPAA will be available for a limited request that the Office of Management the individual would provide as part of number of plans. As the PBGC gains and Budget (‘‘OMB’’) extend its an initial contact with the PBGC. All

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requested information is needed to • Evaluate whether the collection of any administrative or redemption fee enable the PBGC to determine benefit information is necessary for the proper imposed on an exchange transaction, (ii) entitlements and to make appropriate performance of the functions of the if the fund imposes an administrative payments. The collection also includes agency, including whether the fee on exchange transactions, other than pages on the PBGC’s Web site at information will have practical utility; a nominal one, to maintain and preserve www.pbgc.gov, that, for certain large • Evaluate the accuracy of the records with respect to the actual costs plans, provide respondents with agency’s estimate of the burden of the incurred in connection with exchanges specific information about their pension collection of information, including the for at least six years, and (iii) give the plan and enable them to obtain a rough validity of the methodology and fund’s shareholders a sixty day notice of estimate of their benefit, either by using assumptions used; a termination of an exchange offer or an online benefit estimate calculator or • Enhance the quality, utility, and any material amendment to the terms of by completing an online form and clarity of the information to be an exchange offer (unless the only submitting it to the PBGC to compute an collected; and material effect of an amendment is to • estimate. Minimize the burden of the reduce or eliminate an administrative As part of the PBGC’s ongoing collection of information on those who fee, sales load or redemption fee payable implementation of the Government are to respond, including through the at the time of an exchange). Paperwork Elimination Act (GPEA), the use of appropriate automated, The rule’s requirements are designed PBGC is creating an application, My electronic, mechanical, or other to protect investors against abuses PBA, on its Web site at www.pbgc.gov, technological collection techniques or associated with exchange offers, provide through which plan participants will be other forms of information technology, fund shareholders with information able to conduct electronic transactions e.g., permitting electronic submission of necessary to evaluate exchange offers with the PBGC. My PBA will feature a responses. and certain material changes in the variety of transactions, including Issued at Washington, DC, this 15th day of terms of exchange offers, and enable the applying for pension benefits, July, 2003. Commission staff to monitor funds’ use designating a beneficiary, granting a Stuart A. Sirkin, of administrative fees charged in connection with exchange transactions. power of attorney, electing monthly Director, Corporate Policy and Research There are approximately 3,075 funds payments, electing to withhold income Department, Pension Benefit Guaranty registered with the Commission as of tax from periodic payments, changing Corporation. December 31, 2002. The staff estimates contact information, and applying for [FR Doc. 03–18331 Filed 7–17–03; 8:45 am] that one-quarter of these funds imposes electronic direct deposit. Initially, My BILLING CODE 7708–01–P a non-nominal administrative fee on PBA will be available for a limited exchange transactions, and that the number of trusteed plans. As the PBGC recordkeeping requirement of the rule gains experience, it intends to make My SECURITIES AND EXCHANGE requires approximately one hour PBA available for all trusteed plans. COMMISSION annually of clerical time (at an The existing collection of information estimated $16 per hour) per fund, for a under the regulation was approved Submission for OMB Review; Comment Request total of 768.75 hours for all funds (at a under control number 1212–0055 total annual cost of $12,300). The staff (expires April 30, 2006). The PBGC Upon Written Request, Copies Available estimates that one-quarter of the 3,075 intends to request that OMB extend its From: Securities and Exchange funds terminates an exchange offer or approval (with modifications) for three Commission, Office of Filings and makes a material change to its terms years from the date of approval. An Information Services Washington, DC once each year, and that the notice agency may not conduct or sponsor, and 20549. requirement of the rule requires a person is not required to respond to, Extension: approximately one hour of professional a collection of information unless it Rule 11a–3 [17 CFR 270.11a–3]—SEC File time (at an estimated $60 per hour) and displays a currently valid OMB control No. 270–321, OMB Control No. 3235– two hours of clerical time (at an number. 0358. estimated $16 per hour) per fund, for a The PBGC estimates that 134,950 Notice is hereby given that pursuant total of approximately 2306.25 hours for benefit application or information forms to the Paperwork Reduction Act of 1995 all funds (at a total annual cost of will be filed annually by individuals [44 U.S.C. 3501–3520], the Securities $70,725). The burdens associated with entitled to benefits from the PBGC and and Exchange Commission the disclosure requirement of the rule that the associated burden is 76,200 (‘‘Commission’’) has submitted to the are accounted for in the burdens hours (an average of about one-half hour Office of Management and Budget associated with the Form N–1A per response) and $49,931.50 (an (‘‘OMB’’) a request for extension of the registration statement for funds. average of $.37 per response). The PBGC previously approved collection of The estimate of average burden hours further estimates that 5,500 individuals information discussed below. is made solely for the purposes of the annually will provide the PBGC with Rule 11a–3 under the Investment Paperwork Reduction Act, and is not identifying information as part of an Company Act of 1940 [17 CFR 270.11a– derived from a comprehensive or even initial contact and that the associated 3] is an exemptive rule that permits a representative survey or study of the burden is 1,500 hours (an average of open-end investment companies costs of Commission rules and forms. about one-quarter hour per response) (‘‘funds’’), other than insurance The rule provides that if a fund and $1,100 (an average of $.20 per company separate accounts, and funds’ imposes an administrative fee in response). Thus, the total estimated principal underwriters, to make certain connection with exchanges that is annual burden associated with this exchange offers to fund shareholders reasonably intended to cover the costs collection of information is 77,700 and shareholders of other funds in the incurred in processing the exchanges, hours and $51,041.50. (These estimates same group of investment companies. the fund must maintain and preserve include paper and electronic filings.) The rule requires a fund, among other records of any determination of the The PBGC is soliciting public things, (i) to disclose in its prospectus costs incurred in connection with comments to— and advertising literature the amount of exchanges for a period of not less than

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six years, the first two years in an easily section 6(c) of the Act to the extent Applicants’ Representations accessible place. Keeping these records necessary to permit the recapture, under 1. Integrity is a stock life insurance is necessary for any fund that wishes to specified circumstances, of credits company organized under the laws of obtain the benefit of relying on the rule. applied to contributions made under Ohio. It is authorized to sell life Although these records are subject to certain flexible premium variable insurance and annuities in 47 states and inspection by the Commission, they are annuity contracts that the Companies the District of Columbia. Integrity is a not made public. will issue through the Accounts (the subsidiary of Western and Southern Life An agency may not conduct or ‘‘Contracts’’), as well as other contracts Insurance Company (‘‘Western and sponsor, and a person is not required to that the Companies may issue in the Southern’’), a mutual life insurance respond to, a collection of information future through their existing or future company organized under the laws of unless it displays a currently valid separate accounts (‘‘Other Accounts’’) Ohio. control number. that are substantially similar to the 2. National Integrity is a stock life Please direct general comments Contracts in all material respects insurance company organized under the regarding the above information to the (‘‘Future Contracts’’). Applicants also laws of New York. It is authorized to following persons: (i) Desk Officer for request that the order being sought sell life insurance and annuities in 4 the Securities and Exchange extend to any other National states and the District of Columbia. Commission, Office of Information and Association of Securities Dealers, Inc. National Integrity is a direct subsidiary Regulatory Affairs, Office of (‘‘NASD’’) member broker-dealer of Integrity and an indirect subsidiary of Management and Budget, Room 10102, controlling or controlled by, or under Western and Southern. New Executive Office Building, common control or affiliated with, 3. Separate Account I of Integrity Life Washington, DC 20503; and (ii) Kenneth Touchstone, whether existing or created Insurance Company was established in A. Fogash, Acting Associate Executive in the future, that serves as distributor 1986 as a separate account under Ohio Director/CIO, Office of Information or principal underwriter for the law for the purpose of funding variable Technology, Securities and Exchange Contracts or Future (‘‘Affiliated Broker- annuity contracts issued by Integrity. It Commission, 450 5th Street, NW., Dealers’’). is a segregated asset account of Integrity Washington, DC 20549. Comments must Filing Date: The application was filed and is registered with the Commission be submitted to OMB within 30 days of on January 21, 2003 and amended and as a unit investment trust under the Act. this notice. restated on July 11, 2003. 4. Separate Account I of National Dated: July 7, 2003. Hearing or Notification of Hearing: An Integrity Life Insurance Company was Margaret H. McFarland, order granting the application will be established in 1986 as a separate Deputy Secretary. issued unless the SEC orders a hearing. account under New York law for the Interested persons may request a [FR Doc. 03–18188 Filed 7–17–03; 8:45 am] purpose of funding variable annuity hearing by writing to the SEC’s BILLING CODE 8010–01–P contracts issued by National Integrity. It Secretary and serving Applicants with a is a segregated asset account of National copy of the request, personally or by Integrity and is registered with the SECURITIES AND EXCHANGE mail. Hearing requests must be received Commission as a unit investment trust COMMISSION SEC by 5:30 p.m. on August 13, 2003, under the Act. and should be accompanied by proof of 5. The Accounts will fund the [Rel. No. IC–26098; File No. 812–12921] service on Applicants in the form of an variable benefits available under the affidavit or, for lawyers, a certificate of Contracts. Each Company’s offering of Integrity Life Insurance Company, et service. Hearing requests should state al.; Notice of Application the Contracts is registered under the the nature of the writer’s interest, the Securities Act of 1933. That portion of July 14, 2003. reason for the request, and the issues the assets of the Accounts that is equal AGENCY: Securities and Exchange contested. Persons who wish to be to the reserves and other Contract Commission (‘‘SEC’’ or ‘‘Commission’’). notified of a hearing may request liabilities with respect to the Accounts notification by writing to the SEC’s ACTION: Notice of application for an is not chargeable with liabilities arising Secretary. order pursuant to section 6(c) of the out of any other business of the Investment Company Act of 1940 (the ADDRESSES: Secretary, Securities and Companies. Any income, gains or ‘‘Act’’) granting exemptions from the Exchange Commission, 450 Fifth Street, losses, realized or unrealized, from provisions of sections 2(a)(32) and NW., Washington, DC 20549–0609. assets allocated to the Accounts are, in 27(i)(2)(A) of the Act and Rule 22c–1 Applicants c/o G. Stephen Wastek, Esq., accordance with the Contracts, credited thereunder. Assistant General Counsel, Integrity Life to or charged against the Accounts, Insurance Company, 515 West Market without regard to other income, gains or Applicants: Integrity Life Insurance Street, Louisville, Kentucky 40202. losses of the Companies. Company (‘‘Integrity’’), National 6. Touchstone is the principal FOR FURTHER INFORMATION CONTACT: Integrity Life Insurance Company underwriter of the Contracts. Alison White, Senior Counsel, or Lorna (‘‘National Integrity,’’ together with Touchstone is registered with the J. MacLeod, Branch Chief, Office of ‘‘Integrity’’, the ‘‘Companies’’), Separate Commission as a broker-dealer under Insurance Products, Division of Account I of Integrity Life Insurance the Securities Exchange Act of 1934 and Investment Management, at (202) 942– Company, Separate Account I of is a member of the NASD. The Contracts 0670. National Integrity Life Insurance are sold by registered representatives of Company (together with Separate SUPPLEMENTARY INFORMATION: The broker-dealers that have entered into Account I of Integrity Life Insurance following is a summary of the distribution agreements with Company, the ‘‘Account’’), and application. The complete application is Touchstone. Touchstone is a wholly Touchstone Securities, Inc. available for a fee from the SEC’s Public owned subsidiary of Western and (‘‘Touchstone’’). Reference Branch, 450 5th Street, NW., Southern. Summary of Application: Applicants Washington, DC 20549–0102 ((202) 7. The minimum initial contribution seek an order of exemption pursuant to 942–8090). is $20,000. An owner may make

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additional contributions of at least $100 Credit will be recaptured whether or not corresponding portfolio of Fidelity’s at any time. The Companies may limit the owner’s spouse elects to continue Variable Insurance Product Funds, total contributions to $1,000,000 if the the Contract. However, recapture of the Franklin Templeton Variable Insurance owner is under age 76 and to $250,000 Credit will never cause the amount of Products Trust, Janus Aspen Series, J.P. if the owner is age 76 or older. the death benefit to decrease below the Morgan Series Trust II, MFS Variable 8. The Companies will credit an extra amount of the owner’s total Insurance Trust, Putnam Variable Trust amount to the Contracts equal to a contributions minus the amount of any Funds, Scudder Variable Insurance maximum of 8% of a contribution made withdrawals. Trust, Touchstone Variable Series Trust, within the first twelve months of 12. An owner may make withdrawals or Van Kampen Life Portfolios. issuance (the ‘‘Credit’’). Currently the from the Contracts at any time before 16. The Companies, at a later date, Credit is 5%. The minimum Credit that annuitization. Withdrawals in excess of may decide to create additional may be offered is 4%. The Companies the 10% annual free withdrawal amount subaccounts to invest in any additional will allocate the Credit pro rata among are subject to a withdrawal charge funding options as may now or in the the investment options in the same during the first nine years after a future be available. The Companies, proportion as the corresponding contribution is made. Under certain from time to time, also may combine or contribution. The Companies will fund circumstances, the withdrawal charge eliminate subaccounts or transfer assets the Credit from their general account may be waived. Under the Contract to and from subaccounts. assets. issued by Integrity, the withdrawal 17. The Contracts provide for a death 9. The Credit is not part of the amount charge may be waived for withdrawals benefit, various death benefit options, an owner will receive if he or she made due to unemployment, terminal annuity benefits, and annuity payout exercises the free look provision. Credits illness, or nursing home care. Under the options, as well as transfer privileges, applied within twelve months of the Contract issued by National Integrity, dollar cost averaging, asset allocation date of receipt of due proof of death will the withdrawal charge may be waived and rebalancing, and other features. The be recaptured and are not included in for withdrawals made due to disability, Contracts assess the following charges: the amount payable as a death benefit. terminal illness, or nursing home care. (a) A withdrawal charge as a percentage Similarly, all or part of a Credit applied 13. In those cases, where the of contributions withdrawn declining within twelve months of a withdrawal withdrawal charge is waived, any Credit from 9% in contribution year 1 to 0% made pursuant to a withdrawal charge applied within twelve months of such a in contribution year 10; (b) an annual waiver (due to, for example, withdrawal will be recaptured in the maintenance fee of $40 for Contracts unemployment, terminal illness, same proportion as the amount of the with account value of $75,000 or less; nursing home care, or disability) will be withdrawal in excess of the 10% annual (c) an annual administrative fee of .15%; recaptured in the same proportion as the free withdrawal bears to the account (d) a mortality and expense risk charge withdrawal bears to the value of the value. For example, if 50% of account of 1.52% in the first nine years after Contract (for example, if 50% of account value is withdrawn, 10% of which falls issuance and 1.00% thereafter; (e) a value is withdrawn, 50% of the Credit within the annual free withdrawal transfer charge of $20 after the first will be recaptured). In addition, amount, only 40% of the Credit will be twelve transfers during a Contract year; Integrity will recapture all or part of a recaptured; however, if the entire (f) any applicable death benefit option Credit if the owner annuitizes within annual free withdrawal amount has charge; and (g) any applicable state the first five years of the date of previously been withdrawn, 50% of the premium tax. In addition, assets issuance. Regardless of whether or not Credit will be recaptured. There will be invested in the subaccounts are charged the Credit is vested, all gains or losses no recapture if a withdrawal charge is with the annual operating expenses of attributable to such Credit are part of the imposed or in connection with amounts the underlying portfolios. owner’s account value and are withdrawn that fall within the 10% 18. Applicants seek exemption immediately vested. annual free withdrawal. pursuant to section 6(c) from sections 10. The free look period is the 10-day 14. In the case of the Contract issued 2(a)(32) and 27(i)(2)(A) of the Act and period (or longer if required by state by Integrity, if an owner annuitizes Rule 22c-1 thereunder to the extent law) during which an owner may return during the first five years after issuance, deemed necessary to permit the a Contract after it has been delivered the Credit will be recaptured according Companies to recapture part or all of a and receive a full refund of the account to the following schedule: Credit in the following instances: (a) value, less any Credit applied. Unless When an owner exercises the Contracts’ the law requires that the full amount of Percentage free look provision; (b) when a death the contribution be refunded, less any Contract Year of Credit benefit is payable and the date of receipt withdrawals, the owners bears the Recaptured of due proof of death is within twelve investment risk from the time of 1 ...... 100 months of a Credit being applied; (c) purchase until he or she returns the 2 ...... 90 when a withdrawal is made within Contract and the refund amount may be 3 ...... 80 twelve months of a Credit being applied more or less than the contributions the 4 ...... 70 under circumstances when the owner made. The Credit will not be part 5 ...... 60 withdrawal charge is waived; or (d) in of the amount an owner will be paid if the case of Integrity only, when the the free look provision is exercised. Annuitization does not trigger recapture Contract is annuitized during the first 11. The Contracts provide for a of the Credit under National Integrity’s five years after issuance. standard death benefit and an optional Contract. death benefit. Integrity’s Contract also 15. Owners of the Contracts may Applicants’ Legal Analysis provides for an enhanced earnings allocate their contributions among sixty- 1. Section 6(c) of the Act authorizes benefit rider. Any Credit applied within three investment options, sixty variable the Commission to exempt any person, twelve months of the date of receipt of investment options and three fixed security or transaction, or any class or due proof of death will be recaptured investment options. Each subaccount of classes of persons, securities or and will not be included in the death the Accounts is a variable investment transactions from the provisions of the benefit paid under the Contracts. The option that will invest in shares of a Act and the rules promulgated

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thereunder if and to the extent that such interest in the Credit allocated to his or extended period, consistent with the exemption is necessary or appropriate her account value is not fully vested long-term nature of retirement planning. in the public interest and consistent until the sixth Contract year for The Companies generally expect to with the protection of investors and the Contracts issued by Integrity and the recover their costs, including the purposes fairly intended by the policy third Contract year for Contracts issued amount of the Credit, over an and provisions of the Act. Applicants by National Integrity. Until the right to anticipated duration while a Contract or request that the Commission pursuant to recapture has expired and any Future Contract is in force. The right to section 6(c) of the Act grant the applicable Credit is vested, the recapture Credits applied to exemptions requested below with Companies retain the right and interest contributions made within the first respect to the Contracts and any Future in the Credit, although not in the twelve months after issuance protects Contracts issued by the Companies, earnings attributable to that amount. the Companies against the risk that an funded by the Accounts or Other Thus, when the Companies recapture owner will purchase a Contract or Accounts, and underwritten or any Credit, they are merely retrieving Future Contract or make larger or distributed by Touchstone or Affiliated their own assets, and the owner has not additional contributions with the Broker-Dealers. Applicants undertake been deprived of a proportionate share knowledge that the contingency that that Future Contracts will be of the applicable Accounts’ assets triggers payment of a benefit is likely or substantially similar to the Contracts in because his or her interest in the Credit about to occur. With respect to refunds all material respects. Applicants believe has not vested. paid upon the return of the Contracts or that the requested exemptions are 5. In addition, Applicants state that Future Contracts within the free look appropriate in the public interest and permitting an owner to retain a Credit period, the amount payable by the consistent with the protection of under a Contract upon the exercise of Companies must be reduced by the investors and the purposes fairly the free look provision would not only amount of the Credit. Otherwise, intended by the policy and provisions of be unfair, but would also encourage investors could purchase a Contract or the Act. individuals to purchase a Contract with Future Contract for the sole purpose of 2. Applicants represent that is not no intention of keeping it and to return exercising the free look provision and administratively feasible to track a it for a quick profit. Furthermore, the making a quick profit. Credit in the Accounts after the Credit recapture of any Credit applied to 8. Applicants submit that the is applied. Accordingly, the asset-based contributions made within the first provisions for recapture of Credits charges applicable to the Accounts will twelve months after issuance is under the Contracts and Future be assessed against the entire amount designed to provide the Companies with Contracts do not violate sections held in the Accounts, including the a measure of protection against anti- 2(a)(32) and 27(i)(2)(A) of the Act. Credit, during the recapture periods. As selection. The anti-selection risk is that Sections 26(e) and 27(i) were added to a result, during such periods, the an owner can collect a Credit shortly the Act to implement the purposes of aggregate asset-based charges assessed before death, a free withdrawal, or the National Securities Markets against an owner’s account value will be annuitization, thereby leaving the Improvement Act of 1996 and higher than those that would be charged Companies little time to recover the cost Congressional intent. The application of if the owner’s account value did not of the Credit. As noted earlier, the a Credit to contributions made under include the Credit. The account value amount recaptured equals the Credits the Contracts should not raise any includes all assets in the Accounts and provided by the Companies from their questions as to the Companies’ the fixed accounts, including any general account assets, and any gain compliance with the provisions of Credit. would remain part of the owner’s section 27(i). However, to avoid any 3. Subsection (i) of section 27 of the account value. uncertainty as to full compliance with Act provides that section 27 does not 6. Applicants represent that the Credit the Act, Applicants request an apply to any registered separate account will be attractive to and in the interest exemption from section 2(a)(32) and funding variable insurance contracts, or of investors because it will permit 27(i)(2)(A), to the extent deemed to the sponsoring insurance company owners to put up to 108% of their necessary, to permit the recapture of any and principal underwriter of such contributions to work for them in the Credit under the circumstances account, except as provided in selected investment options. In described in this application without paragraph (2) of the subsection. addition, the owner will retain any the loss of relief from section 27 Paragraph (2) provides that it shall be earnings attributable to the Credit, as provided by section 27(i). unlawful for such a separate account or well as the principal amount of the 9. Rule 22c–1 under the Act prohibits sponsoring insurance company to sell a Credit once vested. a registered investment company contract funded by the registered 7. Applicants further submit that the issuing any redeemable security, a separate account unless such contract is recapture of any Credit only applies in person designated in such issuer’s a redeemable security. Section 2(a)(32) relation to the risk of anti-selection prospectus as authorized to defines ‘‘redeemable security’’ as any against the Companies. Anti-selection consummate transactions in any such security, other than short-term paper, can generally be described as a risk that security, and a principal underwriter of, under the terms of which the holder, owners obtain an undue advantage. This or dealer in, such security, from selling, upon presentation to the issuer, is undue advantage is based on elements redeeming, or repurchasing any such entitled to receive approximately his or of fairness to the Companies and the security except at a price based on the her proportionate share of the issuer’s actuarial and other factors taken into current net asset value of such security current net assets, or the cash equivalent account in designing the Contracts and next computed after receipt of a tender thereof. Future Contracts. The Companies of such security for redemption or of an 4. Applicants submit that the provide the Credit from their general order to purchase or sell such security. recapture of the Credit in the account assets on a guaranteed basis. 10. The Companies’ recapture of a circumstances set forth in this Thus, they undertake a financial Credit might arguably be viewed as application would not deprive an owner obligation that contemplates the resulting in the redemption of of his or her proportionate share of the retention of the Contracts and Future redeemable securities for a price other issuer’s current net assets. An owner’s Contracts by their owners over an than one based on the current

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accumulation unit value of the any benefit or additional protection Fuller, a former Chairman of the Board Accounts. Applicants contend, thereby. of Directors and Executive Vice- however, that the recapture of the Credit Applicants submit, based on the President for Investor Relations of Vista does not violate Rule 22c–1. To effect a grounds summarized above, that their 2000, Inc. (‘‘Vista’’), from an recapture of a Credit, the Companies exemptive requests meet the standards administrative law judge’s initial will redeem interests in a Contract at a set out in section 6(c), namely, that the decision. price determined on the basis of the exemptions requested are necessary or The law judge found that Fuller current accumulation unit value of the appropriate in the public interest and caused Vista to violate Section 17(a) of subaccounts to which the owner’s consistent with the protection of the Securities Act of 1933, sections account value is allocated. The amount investors and the purposes fairly 10(b) and 13(a) of the Securities recaptured will equal the amount of the intended by the policy and provisions of Exchange Act of 1934, and Exchange Credit paid out of the Companies’ the Act, and that, therefore, the Act Rules 10b–5, 13a–1, and 12b–20. general account assets. Although the Commission should grant the requested The law judge ordered Fuller to cease owner will be entitled to retain any order. and desist from committing or causing investment gain attributable to the For the Commission, by the Division of any violations or future violations of Credit, the amount of that gain will be Investment Management, pursuant to these provisions. determined on the basis of the current delegated authority. The Commission will consider the accumulation unit values of the Margaret H. McFarland, following issues: applicable subaccounts. Thus, no Deputy Secretary. a. Whether Fuller caused Vista to dilution will occur upon the recapture [FR Doc. 03–18189 Filed 7–17–03; 8:45 am] commit the alleged violations; and of the Credit. Applicants also submit b. If so, whether the imposition of a BILLING CODE 8010–01–P that the second harm that Rule 22c–1 cease-and-desist order is appropriate was designed to address, namely and in the public interest. speculative trading practices calculated SECURITIES AND EXCHANGE The subject matter of the Closed to take advantage of backward pricing, COMMISSION Meeting scheduled for Thursday, July will not occur as a result of the 24, 2003 will be: Post-argument recapture of the Credit. Because neither Sunshine Act Meeting discussion. of the harms that Rule 22c–1 was meant At times, changes in Commission to address is found in the recapture of Notice is hereby given, pursuant to priorities require alterations in the the Credit, Rule 22c–1 should not apply. the provisions of the Government in the scheduling of meeting items. For further However, to avoid any uncertainty as to Sunshine Act, Pub. L. 94–409, that the information and to ascertain what, if full compliance with the Act, Securities and Exchange Commission any, matters have been added, deleted, Applicants request an exemption from will hold the following meetings during or postponed, please contact the Office the provisions of Rule 22c–1 to the the week of July 21, 2003: Closed of the Secretary at (202) 942–7070. extent deemed necessary to permit them Meetings will be held on Tuesday, July 22, 2003 at 2 p.m. and Thursday, July Dated: July 15, 2003. to recapture the Credit under the Jill M. Peterson, Contracts and Future Contracts. 24, 2003 at 3 p.m., and an Open Meeting will be held on Thursday, July 24, 2003 Assistant Secretary. Conclusion at 2 p.m. [FR Doc. 03–18395 Filed 7–15–03; 4:48 pm] Commissioners, Counsel to the BILLING CODE 8010–01–P Applicants submit that their request Commissioners, the Secretary to the for an order that applies to the Accounts Commission, and recording secretaries and any Other Accounts established by will attend the Closed Meetings. Certain SECURITIES AND EXCHANGE the Companies, in connection with the staff members who have an interest in COMMISSION issuance of the Contracts and Future the matters may also be present. Contracts, is appropriate in the public [Release No. 34–48172; File No. SR–Amex– The General Counsel of the 2003–34] interest. Applicants state that such an Commission, or his designee, has order would promote competitiveness certified that, in his opinion, one or Self-Regulatory Organizations; Order in the variable annuity market by more of the exemptions set forth in 5 Granting Approval of Proposed Rule eliminating the need to file redundant U.S.C. 552b(c)(3), (5), (7), (9)(B) and (10) Change by the American Stock exemptive applications, thereby and 17 CFR 200.402(a)(3), (5), (7), (9)(ii) Exchange LLC, Relating to Indications, reducing administrative expenses and and (10), permit consideration of the Openings and Re-Openings maximizing the efficient use of scheduled matters at the Closed Applicants’ resources. Applicants state Meetings. July 14, 2003. that investors would not receive any The subject matter of the Closed On April 23, 2003, the American benefit or additional protection by Meeting scheduled for Tuesday, July 22, Stock Exchange LLC (‘‘Amex’’ or requiring Applicants to repeatedly seek 2003 will be: ‘‘Exchange’’), filed with the Securities exemptive relief that would present no Institution and settlement of and Exchange Commission issue under the Act that has not already administrative proceedings of an (‘‘Commission’’), pursuant to section been addressed in this application. enforcement nature; 19(b)(1) of the Securities Exchange Act Applicants submit that having Institution and settlement of of 1934 (‘‘Act’’),1 and Rule 19b–4 Applicants file additional applications injunctive actions; thereunder,2 a proposed rule change to would impair Applicants’ ability to take Formal order of investigation; and codify and revise the Exchange’s advantage of business opportunities as Opinions. policies regarding tape indications and they arise. Further, Applicants state that The subject matter of the Open re-openings in stocks that are subject to if Applicants were required repeatedly Meeting scheduled for Thursday, July a trading halt (other than ‘‘circuit to seek exemptive relief with respect to 24, 2003 will be: the same issues addressed in this 1. The Commission will hear oral 1 15 U.S.C. 78s(b)(1). application, investors would not receive argument on an appeal by Robert M. 2 17 CFR 240.19b–4.

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breaker’’ or ‘‘equipment changeover’’ NYSE,7 which the Commission believes laundering compliance in response to halts). Notice of the proposed rule strike a reasonable balance between the passage of the Uniting and change was published for comment in preserving the price discovery process Strengthening America by Providing the Federal Register on May 12, 2003.3 and providing timely opportunities for Appropriate Tools Required to Intercept No comments were received on the investors to participate in the market. and Obstruct Terrorism Act of 2001 proposed rule change. It is therefore ordered, pursuant to (‘‘USA PATRIOT Act’’).5 Section 352, of In 1997, the Commission approved section 19(b)(2) of the Act,8 that the the USA PATRIOT Act, requires the Exchange’s policies regarding proposed rule change (File No. SR– financial institutions, including broker/ indications, openings and re-openings.4 Amex–2003–34) be, and it hereby is, dealers, to establish and implement To make them more accessible to approved. anti-money laundering compliance members and member organizations, the For the Commission, by the Division of programs designed to ensure ongoing Exchange has proposed to codify these Market Regulation, pursuant to delegated compliance with the requirements of the policies as new Rule 119. The Exchange authority.9 Bank Secrecy Act (‘‘BSA’’),6 and the would also update its rules on re- Margaret H. McFarland, regulations promulgated thereunder, by opening trading in a stock after a post- Deputy Secretary. April 24, 2002. The MSRB proposed opening trading halt to conform them to [FR Doc. 03–18259 Filed 7–17–03; 8:45 am] Rule G–41 to ensure that all brokers, dealers and municipal securities dealers those of the New York Stock Exchange BILLING CODE 8010–01–P (‘‘NYSE’’). The Exchange’s current (‘‘dealers’’)7 that effect transactions in policy on re-openings requires a municipal securities, and in particular minimum of 10 minutes to elapse SECURITIES AND EXCHANGE those that only effect transactions in between the first price indication and COMMISSION municipal securities (‘‘sole municipal the re-opening, and a minimum of five dealers’’), are aware of, and in [Release No. 34–48169; File No. SR–MSRB– compliance with, anti-money minutes to elapse after the last 2003–04] indication, provided in all cases that the laundering program requirements. The minimum 10 minutes has elapsed since Self-Regulatory Organizations; Order proposed rule change requires that all the first indication. The Exchange Granting Approval of a Proposed Rule dealers establish and implement anti- proposes to shorten these minimum Change by the Municipal Securities money laundering programs that are in time periods to five minutes after the Rulemaking Board To Require Dealers compliance with the rules and first indication, and three minutes after To Establish Anti-Money Laundering regulations of either its registered the last indication, provided that a Compliance Programs securities association (i.e., NASD) or its minimum of five minutes has elapsed appropriate banking regulator governing since the first price indication. Date: July 11, 2003. the establishment and maintenance of 8 The Commission finds that the On May 22, 2003, the Municipal anti-money laundering programs. proposed rule change is consistent with Securities Rulemaking Board (‘‘Board’’ II. Summary of Comments the requirements of the Act and the or ‘‘MSRB’’) filed with the Securities & The Commission received one rules and regulations thereunder Exchange Commission (‘‘Commission’’ comment letter relating to the proposed applicable to a national securities or ‘‘SEC’’), pursuant to section 19(b)(1) rule change.9 The comment letter exchange.5 Specifically, the of the Securities Exchange Act of 1934 1 expresses its general support for the Commission finds that the proposal is (‘‘the Act’’) and Rule 19b–4 2 proposed rule, but requests at least a consistent with section 6(b)(5) of the thereunder, a proposed rule change five-month delay for mandatory Act,6 which requires, among other (File No. SR–MSRB–2003–04) (the compliance with the rule’s ‘‘Customer things, that the rules of an exchange be ‘‘proposed rule change’’). The MSRB’s Identification Program’’ (‘‘CIP’’).10 designed to promote just and equitable rule change establishes Rule G–41, on According to the comment letter, T. principles of trade, to foster cooperation anti-money laundering compliance. Rowe believes that timely compliance and coordination with persons engaged The Commission published the with the CIP is ‘‘extremely burdensome’’ in facilitating transactions in securities, proposed rule change for notice and for broker and dealers involved with the to remove impediments to and perfect comment in the Federal Register on 3 distribution of college savings plans ‘‘to the mechanism of a free and open June 9, 2003. The Commission received efficiently implement all of the market, and to protect investors and the one comment letter on the proposed 4 operational and informational public interest. The Commission notes rule change. This order approves the technology related changes the rule that Amex’s codification of the proposed rule change. demands.’’11 T. Rowe requested the previously approved policies will result I. Description of the Proposed Rule delay to ‘‘minimize the disruption of in greater transparency of Exchange Change procedures. Further, the Commission The MSRB filed a proposed rule 5 Uniting and Strengthening America by notes that Amex’s proposal to shorten Providing Appropriate Tools Required to Intercept the minimum time periods that must change, Rule G–41, on anti-money and Obstruct Terrorism Act of 2001, Public Law elapse between indications and re- 107–56, 115 Stat. 272 (2001). 7 openings would conform Amex’s See NYSE Rule 123D(1); Release No. 34–47104 6 31 U.S.C. 5311, et seq. (December 30, 2002), 68 FR 597 (January 6, 2003). 7 The term ‘‘dealer’’ is used herein as shorthand procedures to those in effect at the 8 15 U.S.C. 78s(b)(2). for ‘‘broker,’’ ‘‘dealer’’ or ‘‘municipal securities 9 17 CFR 200.30–3(a)(12). dealer,’’ as those terms are defined in the Act. The 3 See Release No. 34–47796 (May 5, 2003), 68 FR 1 15 U.S.C. 78s(b)(1). use of the term does not imply that the entity is 25400. 2 17 CFR 240.19b–4. necessarily taking a principal position in a 4 See Release No. 34–38549 (April 28, 1997), 62 3 See Release No. 34–47969 (June 3, 2003), 68 FR municipal security. FR 24519 (1997). 34450. 8 See Release No 34–47969; see also Release No. 5 In approving this proposal, the Commission has 4 Letter from Henry H. Hopkins, Chief legal 34–46739 (Oct. 29, 2002) 67 FR 67432 (Nov. 5, considered the proposed rule’s impact on Counsel, Regina M. Pizzonia, Associate Counsel, T. 2002); 31 CFR 103.120(b). efficiency, competition, and capital formation. 15 Rowe Price Associates, Inc. (‘‘T. Rowe’’), to 9 See T. Rowe letter. U.S.C. 78(c)(f). Jonathan G. Katz, Secretary, Commission, dated 10 Id at 1. 6 15 U.S.C. 78f(b)(5). June 27, 2003. 11 Id at 2.

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services to our account holders’’ and standards. Furthermore, section 352 damages caused by severe storms, that it believed that college savings requires dealers to develop and tornadoes, and flooding occurring on plan, ‘‘pose a low threat as a money implement a written anti-money July 4, 2003 and continuing. laundering vehicle’’.12 For these and laundering compliance program by Applications for loans for physical other reasons expressed in the letter, T. April 24, 2002.17 The Commission notes damage as a result of this disaster may Rowe believes that a five-month that the provisions of the USA be filed until the close of business on compliance delay, specifically in PATRIOT Act are mandates of federal September 9, 2003 and for economic relation to brokers and dealers who law. As a result, MSRB members should injury until the close of business on distribute the college saving plan, have already established anti-money April 12, 2004 at the address listed would not threaten the government’s laundering compliance programs. below or other locally announced anti-terrorism goals.13 The Commission believes that Rule G–41 will facilitate compliance with the locations: III. Discussion and Commission federal government’s anti-terrorism Findings U.S. Small Business Administration, goals. The purpose of Rule G–41 is to Disaster Area 2 Office, One Baltimore 14 Section 19(b) of the Act requires the ensure that all brokers, dealers and Place, Suite 300, Atlanta, GA 30308. Commission to approve the proposed municipal securities dealers who effect rule change filed by the MSRB if the transactions in municipal securities, In addition, applications for economic Commission finds that the proposed especially sole municipal securities injury loans from small businesses rule change consistent with the dealers, are aware of their obligations located in the following contiguous requirements of the Act and the rules under section 352 and know where to counties may be filed until the specified and regulations thereunder. After look for guidance concerning date at the above location: DeKalb, careful review of the proposed rule appropriate anti-money laundering Elkhart, Fayette, Fulton, Hendricks, change and the related comments, the programs. Moreover, the Commission Johnson, LaGrange, Lake, LaPorte, Commission finds that the proposed notes that Rule G–41 will provide Marshall, Morgan, Newton, Parke, rule change is consistent with the clarification to dealers and examiners of Porter, Putnam, Rush, Shelby, Starke, requirements of the Act and the rules the rules and regulations with which Steuben, Union, and Vermillion in the and regulations thereunder, which dealers who effect transactions in State of Indiana; Iroquois and Vermilion 15 govern the MSRB. The language of municipal securities must comply Counties in the State of Illinois; Darke, section 15B(b)(2)(C) of the Act requires concerning anti-money laundering Defiance, Mercer, Paulding, Preble, and that the MSRB’s rules must be designed compliance programs. Van Wert Counties in the State of Ohio. to prevent fraudulent and manipulative acts and practices, to promote just and IV. Conclusion The interest rates are: equitable principals of trade, to foster It Is Therefore Ordered, pursuant to cooperation and coordination with section 19(b)(2) of the Act,18 that the Percent persons engaged in the regulating, proposed rule change (File No. SR– settling, processing information with MSRB–2003–04) be and hereby is, For Physical Damage: respect to, and facilitating transactions approved. Homeowners with credit available elsewhere ...... 5.625 in securities, to remove impediments to For the Commission, by the Division of Homeowners without credit and perfect the mechanism of a free and Market Regulation, pursuant to delegated available elsewhere ...... 2.812 19 open market in municipal securities, authority. Businesses with credit available and in general, to protect investors and Margaret H. McFarland, elsewhere ...... 5.906 16 the public interest. The commission Deputy Secretary. Businesses and non-profit orga- believes that the MSRB’s proposed rule [FR Doc. 03–18190 Filed 7–17–03; 8:45 am] nizations without credit avail- change meets this statutory threshold. BILLING CODE 8010–01–P able elsewhere ...... 2.953 Since the passage of the USA Others (including non-profit or- PATRIOT Act, the Commission has ganizations) with credit avail- worked with self-regulatory able elsewhere ...... 5.500 SMALL BUSINESS ADMINISTRATION organizations to coordinate rules For Economic Injury: requiring programs designed to help [Declaration of Disaster #3526] Businesses and small agricul- identify and prevent money laundering tural cooperatives without abuses that jeopardize the integrity of State of Indiana credit available elsewhere ..... 2.953 the U.S. capital markets. Title III of the As a result of the President’s major USA PATRIOT Act, also known as the disaster declaration on July 11, 2003, The number assigned to this disaster International Money Laundering and subsequent amendment also on July for physical damage is 352611. For Abatement and Anti-Terrorist Financing 11, I find that Adams, Allen, Benton, economic injury, the numbers are Act of 2001 (‘‘AML Act’’). Imposes Blackford, Boone, Carroll, Cass, Clinton, 9W2900 for Indiana; 9W3000 for certain obligations on financial Delaware, Fountain, Grant, Hamilton, Illinois; and 9W3100 for Ohio. institutions and the dealer community. Hancock, Henry, Howard, Huntington, Section 352 of the AML Act requires (Catalog of Federal Domestic Assistance Jasper, Jay, Kosciusko, Madison, Program Nos. 59002 and 59008) financial institutions to establish certain Marion, Miami, Montgomery, Noble, Dated: July 14, 2003. minimum anti-money laundering Pulaski, Randolph, Tippecanoe, Tipton, Wabash, Warren, Wayne, Wells, White, Herbert L. Mitchell, 12 Id at 3. and Whitley Counties in the State of Associate Administrator for Disaster 13 Id at 2. Assistance. 14 15 U.S.C. 78s(b). Indiana constitute a disaster area due to [FR Doc. 03–18328 Filed 7–17–03; 8:45 am] 15 Additionally, in approving this rule the Commission notes that it has considered the 17 See 31 U.S.C. 5318(h) (amended by section 352 BILLING CODE 8025–01–P proposed rule’s impact on efficiency, competition of the AML Act). and capital formation. 15 U.S.C. 78c(f). 18 15 U.S.C. 78s(b)(2). 16 15 U.S.C. 780–4(b)(2)(C). 19 17 CFR 200.30–3(a)(12).

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SMALL BUSINESS ADMINISTRATION Dated: July 14, 2003. may be obtained from Brendan Herbert L. Mitchell, Mullarkey of the Office of Visa Services, [Declaration of Disaster #3520] Associate Administrator for Disaster U.S. Department of State, 2401 E St. Assistance. NW., RM L–703, Washington, DC 20520, Commonwealth of Kentucky; [FR Doc. 03–18329 Filed 7–17–03; 8:45 am] who may be reached on 202–663–1163. Amendment #1 BILLING CODE 8025–01–P Public comments and questions should be directed to the State Department In accordance with the notice Desk Officer, Office of Information and received from the Department of DEPARTMENT OF STATE Regulatory Affairs, Office of Homeland Security—Federal Emergency [Public Notice: 4402] Management and Budget (OMB), Management Agency, effective June 27, Washington, DC 20530, who may be 2003, the above numbered declaration is 30-Day Notice of Proposed Information reached on 202–395–3897. hereby amended to establish the Collection: Form DS–3052, Dated: June 30, 2003. incident period for this disaster as Nonimmigrant V Visa Application; Janice L. Jacobs, beginning on June 14, 2003 and OMB Control #1405–0128 continuing through June 27, 2003. Deputy Assistant Secretary of State for Visa All other information remains the AGENCY: Department of State. Services, Bureau of Consular Affairs, same, i.e., the deadline for filing ACTION: Notice. Department of State. applications for physical damage is [FR Doc. 03–18278 Filed 7–17–03; 8:45 am] SUMMARY: September 2, 2003, and for economic The Department of State has BILLING CODE 4710–05–P injury the deadline is April 2, 2004. submitted the following information collection request to the Office of (Catalog of Federal Domestic Assistance Management and Budget (OMB) for DEPARTMENT OF STATE Program Nos. 59002 and 59008) approval in accordance with the Dated: July 14, 2003. Paperwork Reduction Act of 1995. [Public Notice 4403] Herbert L. Mitchell, Comments should be submitted to OMB Associate Administrator for Disaster within 30 days of the publication of this FY 2004 Refugee Admissions Program Assistance. notice. Notice of Meeting [FR Doc. 03–18326 Filed 7–17–03; 8:45 am] The following summarizes the BILLING CODE 8025–01–P information collection proposal There will be a meeting on the submitted to OMB: President’s FY 2004 Refugee Type of Request: Extension of Admissions Program on Wednesday, SMALL BUSINESS ADMINISTRATION Currently Approved Collection. July 30, 2003, from approximately 2 Originating Office: Bureau of Consular p.m. to 5 p.m. The meeting will be held Affairs, Department of State (CA/VO). [Declaration of Disaster #3512] at the Refugee Processing Center, 1401 Title of Information Collection: Wilson Boulevard, Suite 700, Arlington, State of West Virginia; Amendment #3 Nonimmigrant V Visa Application. Frequency: Once per respondent. Virginia. The meeting’s purpose is to In accordance with the notice Form Number: DS–3052. hear the views of attendees on the received from the Department of Respondents: Nonimmigrant visa appropriate size and scope of the FY Homeland Security—Federal Emergency applicants applying for a V visa. 2004 Refugee Admissions Program. Management Agency, effective July 10, Estimated Number of Respondents: Seating is limited. Persons wishing to 2003, the above numbered declaration is 100,000 per year. attend this meeting must notify the hereby amended to include Nicholas Average Hours Per Response: 1 hour. Bureau of Population, Refugees, and County in the State of West Virginia as Total Estimated Burden: 100,000 Admissions at (202) 663–1056 by 5 p.m. a disaster area due to damages caused hours per year. (EDT) Wednesday, July 23, 2003, to by severe storms, flooding, and Public comments are being solicited arrange for admission. Persons wishing landslides that occurred June 11, 2003 to permit the agency to: to present oral comments at the open • and continuing. Evaluate whether the proposed portion of the meeting, or to submit In addition, applications for economic information collection is necessary for written comments for the Committee’s injury loans from small businesses the proper performance of the functions consideration, must provide them in of the agency, including whether the located in the following contiguous writing by 5 p.m. (EDT), July 23, 2003. information will have practical utility. counties may be filed until the specified All comments may be faxed to (703) • Evaluate the accuracy of the date at the previously designated 907–7284. location: Braxton, Greenbrier, and agency’s estimate of the burden of the Information about the Refugee Webster Counties in the State of West proposed collection, including the Virginia. validity of the methodology and Admissions Program may be found at assumptions used. http://www.state.gov/g/prm/. All other counties contiguous to the • Enhance the quality, utility, and Dated: July 10, 2003. above named primary county have been clarity of the information to be Arthur E. Dewey, previously declared. collected. All other information remains the • Minimize the reporting burden on Assistant Secretary, Bureau of Population, same, i.e., the deadline for filing those who are to respond, including Refugees, and Migration, Department of State. applications for physical damage is through the use of automated collection [FR Doc. 03–18277 Filed 7–17–03; 8:45 am] August 20, 2003, and for economic techniques or other forms of technology. BILLING CODE 4710–33–P injury the deadline is March 22, 2004. FOR FURTHER INFORMATION CONTACT: (Catalog of Federal Domestic Assistance Copies of the proposed information Program Nos. 59002 and 59008) collection and supporting documents

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DEPARTMENT OF TRANSPORTATION DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: Michael Hokana, U.S. Department of Federal Aviation Administration Maritime Administration Transportation, Maritime [Docket Number: MARAD 2003 15662] Administration, MAR–830 Room 7201, High Density Airports; Notice of 400 Seventh Street, SW., Washington, Reagan National Airport Lottery Requested Administrative Waiver of DC 20590. Telephone 202–366–0760. Allocation Procedure the Coastwise Trade Laws SUPPLEMENTARY INFORMATION: As described by the applicant the intended AGENCY: Federal Aviation AGENCY: Maritime Administration, Department of Transportation. service of the vessel BEAU GESTE is: Administration Intended Use: ‘‘Passengers for hire.’’ ACTION: Invitation for public comments Geographic Region: ‘‘All five Great ACTION: Notice of clarification. on a requested administrative waiver of Lakes.’’ the Coastwise Trade Laws for the vessel SUMMARY: This action clarifies the FAA BEAU GESTE. Dated: July 14, 2003. notice of a lottery for the allocation of By order of the Maritime Administrator. a limited number of air carrier and SUMMARY: As authorized by Pub. L. 105– Joel C. Richard, 383 and Pub. L. 107–295, the Secretary commuter slots, published in the Secretary, Maritime Administration. Federal Register on July 9, 2003, by of Transportation, as represented by the Maritime Administration (MARAD), is [FR Doc. 03–18286 Filed 7–17–03; 8:45 am] providing the applicable definition of a authorized to grant waivers of the U.S.- BILLING CODE 4910–81–P ‘‘limited incumbent’’ carrier for build requirement of the coastwise laws purposes of the upcoming slot lottery at under certain circumstances. A request DEPARTMENT OF TRANSPORTATION Washington Reagan National Airport on for such a waiver has been received by July 31, 2003. MARAD. The vessel, and a brief Maritime Administration DATES: Effective immediately. description of the proposed service, is listed below. The complete application FOR FURTHER INFORMATION CONTACT: is given in DOT docket 2003–15662 at [Docket Number: MARAD 2003 15665] Lorelei Peter, Operations and Air Traffic http://dms.dot.gov. Interested parties Law Branch, Regulations Division, Requested Administrative Waiver of may comment on the effect this action the Coastwise Trade Laws Office of the Chief Counsel, Federal may have on U.S. vessel builders or Aviation Administration, 800 businesses in the U.S. that use U.S.-flag AGENCY: Maritime Administration, Independence Avenue, SW., vessels. If MARAD determines, in Department of Transportation. Washington, DC 20591; telephone accordance with Pub. L. 105–383 and ACTION: Invitation for public comments number 202–267–3134. MARAD’s regulations at 46 CFR part on a requested administrative waiver of 388 (68 FR 23084; April 30, 2003), that SUPPLEMENTARY INFORMATION: the Coastwise Trade Laws for the vessel the issuance of the waiver will have an CINNAMON TEAL. Background unduly adverse effect on a U.S.-vessel builder or a business that uses U.S.-flag SUMMARY: As authorized by Pub. L. 105– On July 9, 2003, the FAA published vessels in that business, a waiver will 383 and Pub. L. 107–295, the Secretary in the Federal Register a notice of not be granted. Comments should refer of Transportation, as represented by the lottery and allocation procedures for to the docket number of this notice and Maritime Administration (MARAD), is slots at Washington Reagan National the vessel name in order for MARAD to authorized to grant waivers of the U.S.- Airport (DCA) (68 FR 41037). In this properly consider the comments. build requirement of the coastwise laws notice the FAA stated that Title 49 of Comments should also state the under certain circumstances. A request the United States Code (U.S.C.) commenter’s interest in the waiver for such a waiver has been received by 41714(h)(5)(A) amends the regulatory application, and address the waiver MARAD. The vessel, and a brief definition of a limited incumbent carrier criteria given in § 388.4 of MARAD’s description of the proposed service, is to a carrier that holds or operates fewer regulations at 46 CFR part 388. listed below. The complete application than 20 lots and includes slot DATES: Submit comments on or before is given in DOT docket 2003–15665 at exemptions in the term ‘‘slots.’’ August 18, 2003. http://www.dms.dot.gov. Interested ADDRESSES: Comments should refer to parties may comment on the effect this The FAA has further reviewed this docket number MARAD–2003–15662. action may have on U.S. vessel builders matter and clarifies that the definitions Written comments may be submitted by or businesses in the U.S. that use U.S.- set forth in 49 U.S.C. 41714(h) apply to hand or by mail to the Docket Clerk, flag vessels. If MARAD determines, in sections 41714–41718 and 41734(h) U.S. DOT Dockets, Room PL–401, accordance with Pub. L. 105–383 and only. Therefore, the regulatory Department of Transportation, 400 7th MARAD’s regulations at 46 CFR part definitions of a ‘‘new entrant’’ carrier St., SW., Washington, DC 20590–0001. 388 (68 FR 23084; April 30, 2003), that and a ‘‘limited incumbent’’ carrier, as You may also send comments the issuance of the waiver will have an set forth respectively in 14 CFR electronically via the Internet at http:// unduly adverse effect on a U.S.-vessel 93.213(a)(1) and 93.213(a)(5) are dmses.dot.gov/submit/. All comments builder or a business that uses U.S.-flag applicable for purposes of the lottery at will become part of this docket and will vessels in that business, a waiver will DCA. be available for inspection and copying not be granted. Comments should refer Issued in July 15th, 2003 in Washington, at the above address between 10 a.m. to the docket number of this notice and DC. and 5 p.m., E.T., Monday through the vessel name in order for MARAD to Friday, except federal holidays. An properly consider the comments. Andrew S. Steinberg, electronic version of this document and Comments should also state the Chief Counsel. all documents entered into this docket commenter’s interest in the waiver [FR Doc. 03–18401 Filed 7–16–03; 11:02 am] is available on the World Wide Web at application, and address the waiver BILLING CODE 4910–13–M http://dms.dot.gov. criteria given in section 388.4 of

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MARAD’s regulations at 46 CFR part under certain circumstances. A request By order of the Maritime Administrator. 388. for such a waiver has been received by Joel C. Richard, DATES: Submit comments on or before MARAD. The vessel, and a brief Secretary, Maritime Administration. August 18, 2003. description of the proposed service, is [FR Doc. 03–18282 Filed 7–17–03; 8:45 am] listed below. The complete application ADDRESSES: Comments should refer to BILLING CODE 4910–81–P docket number MARAD–2003–15665. is given in DOT docket 2003–15667 at Written comments may be submitted by http://www.dms.dot.gov. Interested DEPARTMENT OF TRANSPORTATION hand or by mail to the Docket Clerk, parties may comment on the effect this action may have on U.S. vessel builders U.S. DOT Dockets, Room PL–401, Maritime Administration Department of Transportation, 400 7th or businesses in the U.S. that use U.S.- St., SW., Washington, DC 20590–0001. flag vessels. If MARAD determines, in [Docket Number: MARAD 2003 15668] You may also send comments accordance with Pub. L. 105–383 and electronically via the Internet at http:// MARAD’s regulations at 46 CFR part Requested Administrative Waiver of www.dmses.dot.gov/submit/. All 388 (68 FR 23084; April 30, 2003), that the Coastwise Trade Laws the issuance of the waiver will have an comments will become part of this AGENCY: Maritime Administration, unduly adverse effect on a U.S.-vessel docket and will be available for Department of Transportation. inspection and copying at the above builder or a business that uses U.S.-flag vessels in that business, a waiver will ACTION: Invitation for public comments address between 10 a.m. and 5 p.m., on a requested administrative waiver of E.T., Monday through Friday, except not be granted. Comments should refer to the docket number of this notice and the Coastwise Trade Laws for the vessel Federal holidays. An electronic version HORIZON. of this document and all documents the vessel name in order for MARAD to entered into this docket is available on properly consider the comments. SUMMARY: As authorized by Pub. L. 105– the World Wide Web at http:// Comments should also state the 383 and Pub. L. 107–295, the Secretary www.dms.dot.gov. commenter’s interest in the waiver of Transportation, as represented by the application, and address the waiver FOR FURTHER INFORMATION CONTACT: Maritime Administration (MARAD), is criteria given in section 388.4 of Michael Hokana, U.S. Department of authorized to grant waivers of the U.S.- MARAD’s regulations at 46 CFR part Transportation, Maritime build requirement of the coastwise laws 388. Administration, MAR–830 Room 7201, under certain circumstances. A request for such a waiver has been received by 400 Seventh Street, SW., Washington, DATES: Submit comments on or before MARAD. The vessel, and a brief DC 20590. Telephone 202–366–0760. August 18, 2003. description of the proposed service, is SUPPLEMENTARY INFORMATION: As ADDRESSES: listed below. The complete application described by the applicant the intended Comments should refer to is given in DOT docket 2003–15668 at service of the vessel CINNAMON TEAL docket number MARAD–2003–15667. http://www.dms.dot.gov. Interested is: Written comments may be submitted by Intended Use: ‘‘Seasonal sailing hand or by mail to the Docket Clerk, parties may comment on the effect this charters.’’ U.S. DOT Dockets, Room PL–401, action may have on U.S. vessel builders Geographic Region: ‘‘Maine to Department of Transportation, 400 7th or businesses in the U.S. that use U.S.- Florida.’’ St., SW., Washington, DC 20590–0001. flag vessels. If MARAD determines, in You may also send comments accordance with Pub. L. 105–383 and Dated: July 14, 2003. electronically via the Internet at http:// MARAD’s regulations at 46 CFR part By order of the Maritime Administrator. www.dmses.dot.gov/submit/. All 388 (68 FR 23084; April 30, 2003), that Joel C. Richard, comments will become part of this the issuance of the waiver will have an Secretary, Maritime Administration. docket and will be available for unduly adverse effect on a U.S.-vessel [FR Doc. 03–18283 Filed 7–17–03; 8:45 am] inspection and copying at the above builder or a business that uses U.S.-flag BILLING CODE 4910–81–P address between 10 a.m. and 5 p.m., vessels in that business, a waiver will E.T., Monday through Friday, except not be granted. Comments should refer Federal holidays. An electronic version to the docket number of this notice and DEPARTMENT OF TRANSPORTATION of this document and all documents the vessel name in order for MARAD to entered into this docket is available on properly consider the comments. Maritime Administration the World Wide Web at http:// Comments should also state the [Docket Number: MARAD 2003 15667] www.dms.dot.gov. commenter’s interest in the waiver application, and address the waiver Requested Administrative Waiver of FOR FURTHER INFORMATION CONTACT: criteria given in section 388.4 of the Coastwise Trade Laws Michael Hokana, U.S. Department of MARAD’s regulations at 46 CFR part Transportation, Maritime 388. AGENCY: Maritime Administration, Administration, MAR–830 Room 7201, Department of Transportation. DATES: Submit comments on or before 400 Seventh Street, SW., Washington, August 18, 2003. ACTION: Invitation for public comments DC 20590. Telephone 202–366–0760. on a requested administrative waiver of ADDRESSES: Comments should refer to the Coastwise Trade Laws for the vessel SUPPLEMENTARY INFORMATION: As docket number MARAD–2003–15668. GOLDEN DAYS. described by the applicant the intended Written comments may be submitted by service of the vessel GOLDEN DAYS is: hand or by mail to the Docket Clerk, SUMMARY: As authorized by Pub. L. 105– Intended Use: ‘‘Coastwise Term U.S. DOT Dockets, Room PL–401, 383 and Pub. L. 107–295, the Secretary Charters (Pleasure Cruises).’’ Department of Transportation, 400 7th of Transportation, as represented by the St., SW., Washington, DC 20590–0001. Maritime Administration (MARAD), is Georgraphic Region: ‘‘U.S. East Coast, You may also send comments authorized to grant waivers of the U.S.- Florida to Maine’’. electronically via the Internet at http:// build requirement of the coastwise laws Dated: July 14, 2003. www.dmses.dot.gov/submit/. All

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comments will become part of this builder or a business that uses U.S.-flag SUMMARY: As authorized by Pub. L. 105– docket and will be available for vessels in that business, a waiver will 383 and Pub. L. 107–295, the Secretary inspection and copying at the above not be granted. Comments should refer of Transportation, as represented by the address between 10 a.m. and 5 p.m., to the docket number of this notice and Maritime Administration (MARAD), is E.T., Monday through Friday, except the vessel name in order for MARAD to authorized to grant waivers of the U.S.- federal holidays. An electronic version properly consider the comments. build requirement of the coastwise laws of this document and all documents Comments should also state the under certain circumstances. A request entered into this docket is available on commenter’s interest in the waiver for such a waiver has been received by the World Wide Web at http:// application, and address the waiver MARAD. The vessel, and a brief www.dms.dot.gov. criteria given in § 388.4 of MARAD’s description of the proposed service, is listed below. The complete application FOR FURTHER INFORMATION CONTACT: regulations at 46 CFR part 388. Michael Hokana, U.S. Department of DATES: Submit comments on or before is given in DOT docket 2003–15669 at Transportation, Maritime August 18, 2003. http://dms.dot.gov. Interested parties may comment on the effect this action Administration, MAR–830 Room 7201, ADDRESSES: Comments should refer to may have on U.S. vessel builders or 400 Seventh Street, SW., Washington, docket number MARAD–2003–15673. businesses in the U.S. that use U.S.-flag DC 20590. Telephone 202–366–0760. Written comments may be submitted by hand or by mail to the Docket Clerk, vessels. If MARAD determines, in SUPPLEMENTARY INFORMATION: As accordance with Pub. L. 105–383 and described by the applicant the intended U.S. DOT Dockets, Room PL–401, Department of Transportation, 400 7th MARAD’s regulations at 46 CFR part service of the vessel HORIZON is: 388 (68 FR 23084; April 30, 2003), that Intended Use: ‘‘Recreational yacht St., SW., Washington, DC 20590–0001. You may also send comments the issuance of the waiver will have an charters of 12 passengers or less’’. unduly adverse effect on a U.S.-vessel Geographic Region: ‘‘Newport, RI to electronically via the Internet at http:// builder or a business that uses U.S.-flag Miami, FL’’. dmses.dot.gov/submit/. All comments vessels in that business, a waiver will will become part of this docket and will Dated: July 14, 2003. not be granted. Comments should refer be available for inspection and copying By order of the Maritime Administrator. to the docket number of this notice and at the above address between 10 a.m. Joel C. Richard, the vessel name in order for MARAD to and 5 p.m., E.T., Monday through properly consider the comments. Secretary, Maritime Administration. Friday, except federal holidays. An Comments should also state the [FR Doc. 03–18281 Filed 7–17–03; 8:45 am] electronic version of this document and commenter’s interest in the waiver BILLING CODE 4910–81–P all documents entered into this docket application, and address the waiver is available on the World Wide Web at criteria given in section 388.4 of http://dms.dot.gov. DEPARTMENT OF TRANSPORTATION MARAD’s regulations at 46 CFR part FOR FURTHER INFORMATION CONTACT: 388. Maritime Administration Michael Hokana, U.S. Department of Transportation, Maritime DATES: Submit comments on or before [Docket Number: MARAD 2003 15673] Administration, MAR–830 Room 7201, August 18, 2003. 400 Seventh Street, SW., Washington, ADDRESSES: Comments should refer to Requested Administrative Waiver of DC 20590. Telephone (202) 366–0760. docket number MARAD–2003–15669. the Coastwise Trade Laws SUPPLEMENTARY INFORMATION: As Written comments may be submitted by AGENCY: Maritime Administration, described by the applicant the intended hand or by mail to the Docket Clerk, Department of Transportation. service of the vessel JACQUELINE is: U.S. DOT Dockets, Room PL–401, Department of Transportation, 400 7th ACTION: Invitation for public comments Intended Use: ‘‘sailing charters, St., SW., Washington, DC 20590–0001. on a requested administrative waiver of typically one to seven days.’’ You may also send comments the Coastwise Trade Laws for the vessel Geographic Region: ‘‘East Coast of the electronically via the Internet at http:// JACQUELINE. United States and the Gulf of Mexico.’’ dmses.dot.gov/submit/. All comments Dated: July 14, 2003. SUMMARY: As authorized by Pub. L. 105– will become part of this docket and will 383 and Pub. L. 107–295, the Secretary By order of the Maritime Administrator. be available for inspection and copying of Transportation, as represented by the Joel C. Richard, at the above address between 10 a.m. Maritime Administration (MARAD), is Secretary, Maritime Administration. and 5 p.m., E.T., Monday through authorized to grant waivers of the U.S.- [FR Doc. 03–18288 Filed 7–17–03; 8:45 am] Friday, except Federal holidays. An build requirement of the coastwise laws BILLING CODE 4910–81–P electronic version of this document and under certain circumstances. A request all documents entered into this docket for such a waiver has been received by is available on the World Wide Web at MARAD. The vessel, and a brief DEPARTMENT OF TRANSPORTATION http://dms.dot.gov. description of the proposed service, is FOR FURTHER INFORMATION CONTACT: Maritime Administration listed below. The complete application Michael Hokana, U.S. Department of is given in DOT docket 2003–15673 at [Docket Number: MARAD 2003 15669] Transportation, Maritime http://dms.dot.gov. Interested parties Administration, MAR–830 Room 7201, may comment on the effect this action Requested Administrative Waiver of 400 Seventh Street, SW., Washington, may have on U.S. vessel builders or the Coastwise Trade Laws DC 20590. Telephone 202–366–0760. SUPPLEMENTARY INFORMATION: As businesses in the U.S. that use U.S.-flag AGENCY: Maritime Administration, vessels. If MARAD determines, in Department of Transportation. described by the applicant the intended accordance with Pub. L. 105–383 and service of the vessel JOHN A. is: ACTION: Invitation for public comments MARAD’s regulations at 46 CFR part Intended Use: ‘‘Sailing Charters’’. on a requested administrative waiver of 388 (68 FR 23084; April 30, 2003), that Geographic Region: ‘‘Miami to Key the Coastwise Trade Laws for the vessel the issuance of the waiver will have an West.’’ JOHN A. unduly adverse effect on a U.S.-vessel Dated: July 14, 2003.

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By order of the Maritime Administrator. be available for inspection and copying vessels in that business, a waiver will Joel C. Richard, at the above address between 10 a.m. not be granted. Comments should refer Secretary, Maritime Administration. and 5 p.m., E.T., Monday through to the docket number of this notice and [FR Doc. 03–18280 Filed 7–17–03; 8:45 am] Friday, except federal holidays. An the vessel name in order for MARAD to BILLING CODE 4910–81–P electronic version of this document and properly consider the comments. all documents entered into this docket Comments should also state the is available on the World Wide Web at commenter’s interest in the waiver DEPARTMENT OF TRANSPORTATION http://dms.dot.gov. application, and address the waiver FOR FURTHER INFORMATION CONTACT: criteria given in § 388.4 of MARAD’s Maritime Administration Michael Hokana, U.S. Department of regulations at 46 CFR part 388. DATES: [Docket Number: MARAD 2003 15664] Transportation, Maritime Submit comments on or before Administration, MAR–830 Room 7201, August 18, 2003. Requested Administrative Waiver of 400 Seventh Street, SW., Washington, ADDRESSES: Comments should refer to the Coastwise Trade Laws DC 20590. Telephone 202–366–0760. docket number MARAD–2003–15674. SUPPLEMENTARY INFORMATION: As Written comments may be submitted by AGENCY: Maritime Administration, described by the applicant the intended hand or by mail to the Docket Clerk, Department of Transportation. service of the vessel LADY SHARON U.S. DOT Dockets, Room PL–401, ACTION: Invitation for public comments GALE is: Department of Transportation, 400 7th on a requested administrative waiver of Intended Use: ‘‘Chartering boat for St., SW., Washington, DC 20590–0001. the Coastwise Trade Laws for the vessel pleasure and fishing’’. You may also send comments LADY SHARON GALE. Geographic Region: ‘‘Maine to the electronically via the Internet at http:// Florida Keys.’’ dmses.dot.gov/submit/. All comments SUMMARY: As authorized by Pub. L. 105– Dated: July 14, 2003. will become part of this docket and will 383 and Pub. L. 107–295, the Secretary be available for inspection and copying By order of the Maritime Administrator. of Transportation, as represented by the at the above address between 10 a.m. Maritime Administration (MARAD), is Joel C. Richard, and 5 p.m., E.T., Monday through authorized to grant waivers of the U.S.- Secretary, Maritime Administration. Friday, except federal holidays. An build requirement of the coastwise laws [FR Doc. 03–18284 Filed 7–17–03; 8:45 am] electronic version of this document and under certain circumstances. A request BILLING CODE 4910–81–P all documents entered into this docket for such a waiver has been received by is available on the World Wide Web at MARAD. The vessel, and a brief http://dms.dot.gov. description of the proposed service, is DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: listed below. The complete application Maritime Administration Michael Hokana, U.S. Department of is given in DOT docket 2003–15664 at Transportation, Maritime http://dms.dot.gov. Interested parties [Docket Number: MARAD 2003 15674] Administration, MAR–830, Room 7201, may comment on the effect this action 400 Seventh Street, SW., Washington, may have on U.S. vessel builders or Requested Administrative Waiver of DC 20590. Telephone (202) 366–0760. businesses in the U.S. that use U.S.-flag the Coastwise Trade Laws SUPPLEMENTARY INFORMATION: As vessels. If MARAD determines, in AGENCY: described by the applicant the intended accordance with Pub. L. 105–383 and Maritime Administration, service of the vessel MAGNOLIA is: MARAD’s regulations at 46 CFR part Department of Transportation. Intended Use: ‘‘Recreational Charter.’’ 388 (68 FR 23084; April 30, 2003), that ACTION: Invitation for public comments on a requested administrative waiver of Geographic Region: ‘‘The U.S. Gulf the issuance of the waiver will have an Coast and the East Coast, including unduly adverse effect on a U.S.-vessel the Coastwise Trade Laws for the vessel MAGNOLIA. Texas, Louisiana, Florida, Georgia, builder or a business that uses U.S.-flag South Carolina, North Carolina, vessels in that business, a waiver will SUMMARY: As authorized by Pub. L. 105– Virginia, Maryland, Delaware, New not be granted. Comments should refer 383 and Pub. L. 107–295, the Secretary Jersey, New York, Connecticut, Rhode to the docket number of this notice and of Transportation, as represented by the Island, Massachusetts, and Maine. Also, the vessel name in order for MARAD to Maritime Administration (MARAD), is the Great Lakes Region. My base of properly consider the comments. authorized to grant waivers of the U.S.- operations is New York, New York.’’ Comments should also state the build requirement of the coastwise laws Dated: July 14,2003. commenter’s interest in the waiver under certain circumstances. A request application, and address the waiver By order of the Maritime Administrator. for such a waiver has been received by Joel C. Richard, criteria given in § 388.4 of MARAD’s MARAD. The vessel, and a brief Secretary, Maritime Administration. regulations at 46 CFR part 388. description of the proposed service, is DATES: Submit comments on or before listed below. The complete application [FR Doc. 03–18287 Filed 7–17–03; 8:45 am] August 18, 2003. is given in DOT docket 2003–15674 at BILLING CODE 4910–81–P ADDRESSES: Comments should refer to http://dms.dot.gov. Interested parties docket number MARAD–2003–15664. may comment on the effect this action DEPARTMENT OF TRANSPORTATION Written comments may be submitted by may have on U.S. vessel builders or hand or by mail to the Docket Clerk, businesses in the U.S. that use U.S.-flag Maritime Administration U.S. DOT Dockets, Room PL–401, vessels. If MARAD determines, in Department of Transportation, 400 7th accordance with Pub. L. 105–383 and [Docket Number: MARAD 2003 15663] St., SW., Washington, DC 20590–0001. MARAD’s regulations at 46 CFR part Requested Administrative Waiver of You may also send comments 388 (68 FR 23084; April 30, 2003), that the Coastwise Trade Laws electronically via the Internet at http:// the issuance of the waiver will have an dmses.dot.gov/submit/. All comments unduly adverse effect on a U.S.-vessel AGENCY: Maritime Administration, will become part of this docket and will builder or a business that uses U.S.-flag Department of Transportation.

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ACTION: Invitation for public comments Intended Use: ‘‘Charters/Passengers St., SW., Washington, DC 20590–0001. on a requested administrative waiver of for hire.’’ You may also send comments the Coastwise Trade Laws for the vessel Geographic Region: ‘‘United States electronically via the Internet at http:// OUR JEWEL. East Coast including Florida.’’ dmses.dot.gov/submit/. All comments Dated: July 14, 2003. will become part of this docket and will SUMMARY: As authorized by Pub. L. 105– By order of the Maritime Administrator. be available for inspection and copying 383 and Pub. L. 107–295, the Secretary at the above address between 10 a.m. Joel C. Richard, of Transportation, as represented by the and 5 p.m., E.T., Monday through Maritime Administration (MARAD), is Secretary, Maritime Administration. Friday, except Federal holidays. An authorized to grant waivers of the U.S.- [FR Doc. 03–18285 Filed 7–17–03; 8:45 am] electronic version of this document and build requirement of the coastwise laws BILLING CODE 4910–81–P all documents entered into this docket under certain circumstances. A request is available on the World Wide Web at for such a waiver has been received by http://dms.dot.gov. MARAD. The vessel, and a brief DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: description of the proposed service, is Michael Hokana, U.S. Department of listed below. The complete application Maritime Administration Transportation, Maritime is given in DOT docket 2003–15663 at [Docket Number: MARAD 2003 15670] Administration, MAR–830 Room 7201, http://dms.dot.gov. Interested parties 400 Seventh Street, SW., Washington, may comment on the effect this action Requested Administrative Waiver of DC 20590. Telephone 202–366–0760. may have on U.S. vessel builders or the Coastwise Trade Laws businesses in the U.S. that use U.S.-flag SUPPLEMENTARY INFORMATION: As AGENCY: Maritime Administration, vessels. If MARAD determines, in described by the applicant the intended Department of Transportation. accordance with Pub. L. 105–383 and service of the vessel THE FURRY FIVE MARAD’s regulations at 46 CFR part ACTION: Invitation for public comments is: 388 (68 FR 23084; April 30, 2003), that on a requested administrative waiver of Intended Use: Recreation/fishing/ the issuance of the waiver will have an the Coastwise Trade Laws for the vessel pleasure charter. unduly adverse effect on a U.S.-vessel THE FURRY FIVE. Geographic Region: Florida. builder or a business that uses U.S.-flag SUMMARY: As authorized by Pub. L. 105– Dated: July 14, 2003. vessels in that business, a waiver will 383 and Pub. L. 107–295, the Secretary By order of the Maritime Administrator. not be granted. Comments should refer of Transportation, as represented by the Joel C. Richard, to the docket number of this notice and Maritime Administration (MARAD), is Secretary, Maritime Administration. the vessel name in order for MARAD to authorized to grant waivers of the U.S.- [FR Doc. 03–18279 Filed 7–17–03; 8:45 am] properly consider the comments. build requirement of the coastwise laws BILLING CODE 4910–81–P Comments should also state the under certain circumstances. A request commenter’s interest in the waiver for such a waiver has been received by application, and address the waiver MARAD. The vessel, and a brief DEPARTMENT OF TRANSPORTATION criteria given in § 388.4 of MARAD’s description of the proposed service, is regulations at 46 CFR part 388. listed below. The complete application Surface Transportation Board DATES: Submit comments on or before is given in DOT docket 2003–15670 at August 18, 2003. http://dms.dot.gov. Interested parties [STB Finance Docket No. 34352] ADDRESSES: Comments should refer to may comment on the effect this action docket number MARAD–2003–15663. may have on U.S. vessel builders or RailAmerica, Inc., et al.—Continuance Written comments may be submitted by businesses in the U.S. that use U.S.-flag in Control Exemption—San Luis & Rio hand or by mail to the Docket Clerk, vessels. If MARAD determines, in Grande Railroad Company U.S. DOT Dockets, Room PL–401, accordance with Pub. L. 105–383 and RailAmerica, Inc. (RailAmerica), Palm Department of Transportation, 400 7th MARAD’s regulations at 46 CFR part Beach Rail Holding, Inc. (Palm Beach), St., SW., Washington, DC 20590–0001. 388 (68 FR 23084; April 30, 2003), that and RailAmerica Transportation Corp. You may also send comments the issuance of the waiver will have an (RTC) (collectively, applicants) have electronically via the Internet at http:// unduly adverse effect on a U.S.-vessel filed a verified notice of exemption to dmses.dot.gov/submit/. All comments builder or a business that uses U.S.-flag continue in control of San Luis & Rio will become part of this docket and will vessels in that business, a waiver will Grande Railroad Company (SLRG), upon be available for inspection and copying not be granted. Comments should refer SLRG becoming a Class III rail carrier. at the above address between 10 a.m. to the docket number of this notice and The transaction was expected to be and 5 p.m., E.T., Monday through the vessel name in order for MARAD to consummated on or after June 30, 2003. Friday, except federal holidays. An properly consider the comments. This transaction is related to the electronic version of this document and Comments should also state the concurrently filed verified notice of all documents entered into this docket commenter’s interest in the waiver exemption in STB Finance Docket No. is available on the World Wide Web at application, and address the waiver 34350, San Luis & Rio Grande Railroad http://dms.dot.gov. criteria given in § 388.4 of MARAD’s Company—Acquisition and Operation FOR FURTHER INFORMATION CONTACT: regulations at 46 CFR part 388. Exemption—Union Pacific Railroad Michael Hokana, U.S. Department of DATES: Submit comments on or before Company, wherein SLRG seek to Transportation, Maritime August 18, 2003. acquire and operate 149.38 miles of rail Administration, MAR–830 Room 7201, ADDRESSES: Comments should refer to line currently owned by Union Pacific 400 Seventh Street, SW., Washington, docket number MARAD–2003–15670. Railroad Company. DC 20590. Telephone 202–366–0760. Written comments may be submitted by RailAmerica currently controls one SUPPLEMENTARY INFORMATION: As hand or by mail to the Docket Clerk, Class II railroad and 33 Class III described by the applicant the intended U.S. DOT Dockets, Room PL–401, railroads. RailAmerica directly controls service of the vessel OUR JEWEL is: Department of Transportation, 400 7th Palm Beach, which in turn directly

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controls RTC. RTC directly controls lines of the Union Pacific Railroad DEPARTMENT OF TRANSPORTATION SLRG. Company (UP), as follows: (1) The Applicants state that: (1) The railroads Alamosa Subdivision from milepost Surface Transportation Board do not connect with each other or any 299.30 near Derrick, CO, to milepost [STB Docket No. AB–490X] railroad in their corporate family; (2) the 180.0 near Walsenburg, CO; 1 and (2) the continuance in control is not part of a Antonito Subdivision from the point Greenville County Economic series of anticipated transactions that where the two subdivisions connect at Development Corporation— would connect the railroads with each milepost 251.7 in Alamosa, CO, to Discontinuance of Service other or any railroad in their corporate milepost 281.78 in Antonito, CO, a total Exemption—in Greenville County, SC family; and (3) the transaction does not distance of 149.38 miles. In addition, involve a Class I carrier. The Greenville County Economic UP will grant SLRG approximately 5 Development Corporation (GCEDC) has Therefore, the transaction is exempt miles of incidental trackage rights in the from the prior approval requirements of filed a verified notice of exemption vicinity of Walsenburg from milepost 49 U.S.C. 11323. See 49 CFR under 49 CFR part 1152, Subpart F- 180.0 to milepost 175.0. 1180.2(d)(2). Exempt Abandonments and Discontinuances of Service to Under 49 U.S.C. 10502(g), the Board SLRG certifies that its projected discontinue service over 11.8 miles of may not use its exemption authority to annual revenues will not exceed those railroad, known as the Greenville and relieve a rail carrier of its statutory that would qualify it as a Class III rail Northern Railroad Line, extending from obligation to protect the interests of its carrier and that its annual revenues are milepost 0.0, in Greenville, to milepost employees. Because the transaction not projected to exceed $5 million.2 11.8, at the northern limits of Traveler’s involves at least one Class II and one or The transaction was scheduled to be Rest, in Greenville County, SC (line).1 more Class III rail carriers, the consummated on or after June 30, 2003. The line traverses United States Postal exemption is subject to the labor Service Zip Codes 29601, 29609, 29611, protection requirements of 49 U.S.C. If the notice contains false or misleading information, the exemption 29613, 29617, and 29690. 11326(b). GCEDC has certified that: (1) No local If the verified notice contains false or is void ab initio. Petitions to revoke the exemption under 49 U.S.C. 10502(d) traffic has moved over the line for at misleading information, the exemption least 2 years; (2) there is no overhead may be filed at any time. The filing of is void ab initio. Petitions to revoke the traffic on the line; (3) no formal exemption under 49 U.S.C. 10502(d) a petition to revoke will not complaint filed by a user of rail service may be filed at any time. The filing of automatically stay the transaction. on the line (or by a state or local a petition to revoke will not An original and 10 copies of all government entity acting on behalf of automatically stay the transaction. pleadings, referring to STB Finance such user) regarding cessation of service An original and 10 copies of all Docket No. 34350, must be filed with over the line either is pending with the pleadings, referring to STB Finance the Surface Transportation Board, 1925 Surface Transportation Board (Board) or Docket No. 34352, must be filed with K Street NW., Washington, DC 20423– with any U.S. District Court or has been the Surface Transportation Board, 1925 0001. In addition, one copy of each decided in favor of complainant within K Street, NW., Washington, DC 20423– pleading must be served on Louis E. the 2-year period; and (4) the 0001. In addition, one copy of each Gitomer, Esq., Of Counsel, Ball Janik requirements at 49 CFR 1105.7 pleading must be served on Louis E. (environmental reports), 49 CFR 1105.8 Gitomer, Esq., Of Counsel, Ball Janik LLP, 1455 F Street, NW., Suite 225, Washington, DC 20005. (historic reports), 49 CFR 1105.11 LLP, 1455 F Street, NW., Suite 225, (transmittal letter), 49 CFR 1105.12 Washington, DC 20005. Board decisions and notices are (newspaper publication), and 49 CFR Board decisions and notices are available on our Web site at http:// 1152.50(d)(1) (notice to governmental available on our Web site at www.stb.dot.gov. agencies) have been met.2 www.stb.dot.gov. Decided: July 11, 2003. As a condition to this exemption, any Decided: July 11, 2003. By the Board, David M. Konschnik, employee adversely affected by the By the Board, David M. Konschnik, Director, Office of Proceedings. discontinuance shall be protected under Director, Office of Proceedings. Oregon Short Line R. Co.— Vernon A. Williams, Vernon A. Williams, Abandonment—Goshen, 360 I.C.C. 91 Secretary. Secretary. (1979). To address whether this [FR Doc. 03–18333 Filed 7–17–03; 8:45 am] [FR Doc. 03–18334 Filed 7–17–03; 8:45 am] condition adequately protects affected BILLING CODE 4915–00–P employees, a petition for partial BILLING CODE 4915–00–P revocation under 49 U.S.C. 10502(d) must be filed. DEPARTMENT OF TRANSPORTATION Provided no formal expression of intent to file an offer of financial Surface Transportation Board 1 SLRG states that the beginning portion of the assistance (OFA) has been received, this exemption will be effective on August [STB Finance Docket No. 34350] Alamosa Subdivision, from milepost 299.30 to milepost 270.0 at or near Monte Vista, is currently 1 San Luis & Rio Grande Railroad inactive. South Carolina Central Railroad Company, Inc., 2 d/b/a Carolina Piedmont Division was authorized to Company—Acquisition and Operation This proceeding is related to STB Finance Docket No. 34352, RailAmerica, Inc., et al.— abandon the portion of the line between milepost 0.0 and milepost 2.0, in South Carolina Central Exemption—Union Pacific Railroad Continuance in Control Exemption—San Luis & Rio Company Railroad Company, Inc., d/b/a Carolina Piedmont Grande Railroad Company, wherein RailAmerica, Division—Abandonment Exemption—in Greenville Inc., Palm Beach Rail Holding, Inc., and San Luis & Rio Grande Railroad County, SC, STB Docket No. AB–312 (Sub-No. 2X) RailAmerica Transportation Corp. have (STB served Apr. 1, 1998); however, it appears that Company (SLRG), a noncarrier, has filed concurrently filed a notice of exemption to continue the abandonment was never consummated. a verified notice of exemption under 49 in control of SLRG, upon SLRG becoming a Class 2 As discussed below, GCEDC has complied with CFR 1150.31 to acquire and operate two III rail carrier. or is exempt from these requirements.

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17, 2003,3 unless stayed pending calling the Treasury Bureau Clearance calling the Treasury Bureau Clearance reconsideration. Petitions to stay that do Officer listed. Comments regarding this Officer listed. Comments regarding this not involve environmental issues and information collection should be information collection should be formal expressions of intent to file an addressed to the OMB reviewer listed addressed to the OMB reviewer listed OFA for continued rail service under 49 and to the Treasury Department and to the Treasury Department CFR 1152.27(c)(2),4 must be filed by Clearance Officer, Department of the Clearance Officer, Department of the July 28, 2003.5 Petitions to reopen must Treasury, Room 11000, 1750 Treasury, Room 11000, 1750 be filed by August 7, 2003, with: Surface Pennsylvania Avenue, NW, Washington, Pennsylvania Avenue, NW., Transportation Board, 1925 K Street, DC 20220. Washington, DC 20220. NW., Washington, DC 20423–0001. DATES: Written comments should be Dates: Written comments should be A copy of any petition filed with the received on or before August 18, 2003 received on or before August 18, 2003 Board should be sent to GCEDC’s to be assured of consideration. to be assured of consideration. representative: Phyllis Henderson, President, Greenville County Economic Departmental Offices/Community Internal Revenue Service (IRS) Development Corporation, 301 Development Financial Institutions OMB Number: 1545–0314. University Ridge, Suite 2400, (CDFI) Fund Form Number: IRS Forms 6466 and Greenville, SC 29601. OMB Number: 1559–0016. 6467. If the verified notice contains false or Form Number: CDFI 0020. Type of Review: Extension. misleading information, the exemption Type of Review: Reinstatement. Title: Form 6466: Transmittal of is void ab initio. Title: New Markets Tax Credit Forms W–4 Reported Magnetically/ Board decisions and notices are (NMTC) Program Allocation Electronically; and available on our Web site at Application. Form 6467: Transmittal of Forms W– www.stb.dot.gov. Description: The purpose of the 4 Reported Magnetically/ Electronically Decided: July 14, 2003. NMTC is to provide an incentive to (Continuation). By the Board, David M. Konschnik, investors in the form of a tax credit, Description: Under regulation section Director, Office of Proceedings. which is expected to stimulate 31.3402(f)(2)–1(g), employers are Vernon A. Williams, investment in private capital that will required to submit certain withholding Secretary. facilitate economic and community certificates (Form W–4) to the IRS. [FR Doc. 03–18332 Filed 7–17–03; 8:45 am] development in low-income Transmittal Form 6466 and the BILLING CODE 4915–00–P communities. continuation sheet, Form 6467, are Respondents: Business or other for- submitted by an employer, or profit, Not-for-profit institutions, State, authorized agent of the employer, who DEPARTMENT OF THE TREASURY Local or Tribal Government. will be reporting submissions of Form Estimated Number of Respondents: W–4 on magnetic/electronic media. Submission for OMB Review; 350. Respondents: Business of other for- Comment Request Estimated Burden Hours Per profit, Not-for-profit institutions, Farms, Respondent: 100 hours. Federal Government, State, Local or July 11, 2003. Frequency of Response: Annually. Tribal Government. The Department of the Treasury has Estimated Total Reporting/ Estimated Number of Respondents: submitted the following public Recordkeeping Burden: 31,500 hours. 100. information collection requirement(s) to Clearance Officer: Lois K. Holland, Estimated Burden Hours Per OMB for review and clearance under the Departmental Offices, Room 2110, 1425 Respondent: Paperwork Reduction Act of 1995, New York Avenue, NW., Washington, Form 6466—18 min. Public Law 104–13. Copies of the DC 20220, (202) 622–1563. Form 6467—20 min. submission(s) may be obtained by OMB Reviewer: Joseph F. Lackey, Jr., Frequency of Response: Quarterly. Office of Management and Budget, 3 Under 49 CFR 1152.50(d)(3), the earliest the Estimated Total Reporting Burden: exemption could become effective is 50 days after Room 10235, New Executive Office 133 hours. the verified notice of exemption was filed. In this Building, Washington, DC 20503, (202) OMB Number: 1545-0410. case, notice was filed on June 30, 2003, and GCEDC 395–7316. Notice Number: Notice 1027. proposed consummating the discontinuance of service on or about July 14, 2003. In a letter filed Lois K. Holland, Type of Review: Extension. on July 8, 2003, Counsel for GCEDC acknowledged Title: How to Prepare Media Label for Treasury PRA Clearance Officer. that the discontinuance of service could not be Form W–4. consummated until 50 days after the filing of the [FR Doc. 03–18245 Filed 7–17–03; 8:45 am] Description: 26 U.S.C. 3402 requires verified notice, or on August 17, 2003. BILLING CODE 4811–16–P 4 Each OFA must be accompanied by the filing all employers making payment of wages fee, which currently is set at $1,100. See 49 CFR to deduct (withhold) tax upon such 1002.2(f)(25). payments. Employers are further DEPARTMENT OF THE TREASURY 5 Because this is a discontinuance of service required under regulation section proceeding and not an abandonment, trail use/rail banking and public use conditions are not Submission for OMB Review; 31.3402(f)–1(g) to submit certain appropriate. Additionally, this proceeding is Comment Request withholding certificates (Form W–4) to exempt from environmental and historic reporting IRS. Notice 1027 is sent to employers requirements. GCEDC only intends to discontinue July 8, 2003. who prefer to file this information on service over the line and to facilitate possible future operations in the event it is successful in securing The Department of the Treasury has magnetic tape. funds to repair the line. Because GCEDC’s submitted the following public Respondents: Business of other for- discontinuance of service will merely result in the information collection requirement(s) to profit, Not-for-profit institutions, Farms, cessation of service over the line, this proceeding OMB for review and clearance under the Federal Government, State, Local or is exempt from the reporting requirements listed above and no environmental documentation will be Paperwork Reduction Act of 1995, Tribal Government. prepared. See 49 CFR 1105.6(c)(2) and 1105.8(a) Public Law 104–13. Copies of the Estimated Number of Respondents: and (b). submission(s) may be obtained by 400.

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Estimated Burden Hours Per Coordinated by the Corporate Planning amount of allowable loss under Respondent: 5 minutes. and Performance Division on Behalf of § 1.337(d)–2T, § 1.1502–20 as currently Frequency of Response: Quarterly. All IRS Operations Functions. in effect or under § 1.1502–20 as Estimated Total Reporting Burden: 33 Description: This is a generic modified; to allow the taxpayer to waive hours. clearance for an undefined number of loss carryovers up to the amount of the OMB Number: 1545–0998. customer satisfaction and opinion § 1.1502–20(g) election; and to ensure Form Number: IRS Form 8615. surveys and focus group interviews to that loss is not disallowed under Type of Review: Extension. be conducted over the next three years. § 1.337(d)–2T and basis is not reduced Title: Tax for Children Under Age 14 Surveys and focus groups conducted under § 1.337(d)–2T to the extent the Who Have Investment Income of More under the generic clearance are used by taxpayer establishes that the loss or Than $1,500. the Internal Revenue Service to basis is not attributable to the Description: Under section 1(g), determine levels of customer recognition of built in gain on the children under age 14 who have satisfaction as well as determining disposition of an asset. With respect to unearned income may be taxed on part issues that contribute to customer § 1.1502–20T, the information also is of that income at their parent’s tax rate. burden. This information will be used to necessary to allow the common parent Form 8615 is used to see if any of the make quality improvements to products of the selling group to reapportion a child’s unearned income is taxed at the and services. separate, subgroup or consolidated parent’s rate and, if so, to figure the Respondents: Individuals or section 382 limitation when the child’s tax on his or her unearned households, Business or other for-profit, acquiring group amends its § 1.1502– income and earned income, if any. Not-for-profit institutions, Farms, 32(b)(4) election. Furthermore, Respondents: Individuals or Federal Government, State, Local or regarding § 1.1502–32(b)(4), the households. Tribal Government. information also is necessary to allow Estimated Number of Respondents/ Estimated Number of Respondents: the taxpayer that acquired a subsidiary Recordkeepers: 331,128. 372,359. of a consolidated group to amend its Estimated Burden Hours Per Estimated Burden Hours Per election under § 1.1502–32(b)(4), so that Respondent/Recordkeeper: Respondent: Various. the acquiring group can use the Recordkeeping—26 min. Frequency of Response: Other acquired subsidiary’s losses to offset its Learning about the law or the form—11 (Varies). income. min. Estimated Total Reporting Burden: Respondents: Business or other for- Preparing the form—42 min. 50,000 hours. profit. Copying, assembling, and sending the OMB Number: 1545–1543. Estimated Number of Respondents: form to the IRS—20 min. Revenue Procedure Number: Revenue 15,200. Frequency of Response: Annually. Procedure 97–29. Estimated Burden Hours Per Estimated Total Reporting/ Type of Review: Extension. Respondent: 2 hours. Recordkeeping Burden: 552,984 hours. Title: Model Amendments and Frequency of Response: Other (once OMB Number: 1545–1190. Prototype Program for SIMPLE IRAs. per transaction). Form Number: IRS Form 8824. Description: The revenue procedure Estimated Total Reporting Burden: Type of Review: Revision. provides guidance to drafters of 30,400 hours. Title: Like-Kind Exchanges. prototype SIMPLE IRAs on obtaining Clearance Officer: Glenn Kirkland, Description: Form 8824 is used by opinion letters, and provides permissive (202) 622–3428, Internal Revenue individuals, partnerships, and other amendments to sponsors of nonSIMPLE Service, Room 6411–03, 1111 entities to report the exchange of IRAs. Constitution Avenue, NW., Washington, business or investment property, and Respondents: Business or other for- DC 20224. the deferral of gains from such profit, Not-for-profit institutions. OMB Reviewer: Joseph F. Lackey, Jr., transactions under section 1031. It is Estimated Number of Respondents: (202) 395–7316, Office of Management also used to report the deferral of gain 3,205. and Budget, Room 10235, New under section 1043 by members of the Estimated Burden Hours Per Executive Office Building, Washington, executive branch of the Federal Respondent: 8 hours, 4 minutes. DC 20503. government. Frequency of Response: On occasion. Lois K. Holland, Respondents: Individuals or Estimated Total Reporting Burden: Treasury PRA Clearance Officer. households, Business or other for-profit. 25,870 hours. [FR Doc. 03–18246 Filed 7–17–03; 8:45 am] Estimated Number of Respondents/ OMB Number: 1545–1774. Recordkeepers: 200,000. Regulation Project Numbers: REG– BILLING CODE 4830–01–P Estimated Burden Hours Per 152524–02, REG–123305–02, and REG– Respondent/Recordkeeper: 102740–02 NPRM and Temporary. DEPARTMENT OF THE TREASURY Recordkeeping— 1 hr., 38 min. Type of Review: Extension. Learning about the law or the form—27 Title: Submission for OMB Review; min. REG–152524–02 NPRM and Comment Request Preparing the form—59 min. Temporary: Guidance under section Copying, assembling, and sending the 1502; Amendment of Waiver of Loss July 11, 2003. form to the IRS—33 min. Carryovers from Separate Return The Department of the Treasury has Frequency of Response: Annually. Limitation Years; submitted the following public Estimated Total Reporting/ REG–123305–02 (formerly REG– information collection requirement(s) to Recordkeeping Burden: 505,862 hours. 102305–02) NPRM and Temporary; OMB for review and clearance under the OMB Number: 1545–1432. REG–102740–02 NPRM and Paperwork Reduction Act of 1995, Form Number: None. Temporary: Loss Limitation Rules. Public Law 104–13. Copies of the Type of Review: Revision. Description: The information is submission(s) may be obtained by Title: The Voluntary Customer necessary to allow the taxpayer to make calling the Treasury Bureau Clearance Surveys to Implement E.O. 12862 certain elections to determine the Officer listed. Comments regarding this

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information collection should be Title: Bonded Wineries—Formula and Type of Review: Extension. addressed to the OMB reviewer listed Process for Wine, Letterhead, Title: Application for an Alcohol User and to the Treasury Department Application and Notices Relating to Permit (5150.22); and, Industrial Clearance Officer, Department of the Formula Wine. Alcohol Bond (5150.25). Treasury, Room 11000, 1750 Description: TTB F 5120.9 is used to Description: TTB F 5150.22 is used to Pennsylvania Avenue, NW., determine the classification of wine for determine the eligibility of the applicant Washington, DC 20220. labeling and consumer protection. The to engage in certain operations and the DATES: Written comments should be form describes the person filing, type of extent of the operations for the received on or before August 18, 2003 product to be made and restrictions to production and distribution of specially to be assured of consideration. the labeling and manufacture. The form denatured spirits (alcohol/rum). This is also used to audit a product. form identifies the location of the Alcohol and Tobacco Tax and Trade Respondents: Business or other for- premises and establishes whether the Bureau (TTB) profit. premises will be in conformity with the OMB Number: 1513–0004. Estimated Number of Respondents: Federal laws and regulations. TTFB F Form Number: TTB F 5030.6. 600. 5150.25 provides notification that Type of Review: Extension. Estimated Burden Hours Per sufficient bond coverage has been Title: Authorization to Furnish Respondent: 2 hours. obtained prior to the issuance of a Financial Information and Certificate of Frequency of Response: On occasion. permit. Compliance. Estimated Total Reporting Burden: Respondents: Business or other for- Description: The Right to Financial 1,200 hours. profit. Privacy Act of 1978 limits access to OMB Number: 1513–0014. Estimated Number of Respondents: records held by financial institutions Form Number: TTB F 5000.8. 738. and provides for certain procedures to Type of Review: Extension. Estimated Burden Hours Per gain access to the information. TTB F Title: Power of Attorney. Respondent: 2 hours. 5030.6 serves as both a customer Description: TTB F 5000.8 delegates Frequency of Response: On occasion. authorization for TTB to receive the authority to a specific individual to Estimated Total Reporting Burden: information and as the required sign documents on behalf of an 1,476 hours. certification to the financial institution. applicant or principal. 26 U.S.C. 6061 OMB Number: 1513–0047. Respondents: Business of other for- authorizes that individuals signing Form Number: TTB F 5110.40. profit. returns, statements or other documents Recordkeeping Requirement ID Estimated Number of Respondents: required to be filed by industry member Number: TTB REC 5110/01. 2,000. under the provisions of the Internal Type of Review: Extension. Estimated Burden Hours Per Revenue Code (IRC) or the Federal Title: Distilled Spirits Records and Respondent: 15 minutes. Alcohol Administration (FAA) Act, are Monthly Report of Production Frequency of Response: On occasion. to have that authority on file with TTB. Operations. Estimated Total Reporting Burden: Respondents: Business or other for- Description: The information 500 hours. profit. collected is used to account for Estimated Number of Respondents: proprietor’s tax liability, adequacy of OMB Number: 1513–0009. 5,000. bond coverage and protection of the Form Number: TTB F 5120.25 and Estimated Burden Hours Per revenue. The information also provides TTB 5120.36. Respondent: 30 minutes. data to analyze trends in the industry, Type of Review: Extension. Frequency of Response: On occasion. ad plan efficient allocation of field Title: Application to Establish and Estimated Total Reporting Burden: resources, audit plant operations, and Operate Wine Premises (F 5120.25); and 3,000 hours. compilation of statistics for government Wine Bond (5120.36). OMB Number: 1513–0016. economic analysis. Description: TTB F 5120.25 is the Form Number: TTB F 1582 (5120.24). Respondents: Business or other for- form used to establish the qualifications Type of Review: Extension. profit. of an applicant applying to establish Title: Drawback on Wines Exported. Estimated Number of Respondents: and operate wine premises. The Description: When proprietors export 150. applicant certifies the intention to wines that have been produced, Estimated Burden Hours Per produce and/or store a specified amount packaged, manufactured, or bottled in Respondent: 2 hours. of wine and take certain precautions to the U.S., they file a claim for drawback Frequency of Response: On occasion. protect it from unauthorized use. TTB F or refund for the taxes that have already Estimated Total Reporting Burden: 5120.36, Wine Bond, is the form used by been paid on the wine. This form 3,600 hours. the proprietor and a surety company as notifies TTB that the wine was in fact OMB Number: 1513–0048. a contract to ensure the payment of exported and helps to protect the Form Number: TTB F 5110.41. wine excise tax. revenue and prevent fraudulent claims. Type of Review: Extension. Respondents: Business or other for- Respondents: Individuals or Title: Miscellaneous Requests and profit. households, Business of other for-profit. Notices for Distilled Spirits Plants. Estimated Number of Respondents: Estimated Number of Respondents: Description: The information 1,720 900. provided by the applicants assists in Estimated Burden Hours Per Estimated Burden Hours Per determining eligibility and providing for Respondent: 30 minutes. Respondent: 1 hour, 7 minutes. registration. These eligibility Frequency of Response: On occasion. Frequency of Response: On occasion. requirements are for persons who wish Estimated Total Reporting Burden: Estimated Total Reporting Burden: to establish distilled spirits plant 810 hours. 2,025 hours. operations. However, both statutes and OMB Number: 1513–0010. OMB Number: 1513–0028. regulations allow variances from Form Number: TTB F 5120.9. Form Numbers: TTB F 5150.22 and regulations, and this information gives Type of Review: Extension. TTB F 5150.25. data to permit a variance.

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Respondents: Business or other for- Estimated Burden Hours Per Respondents: Business or other for- profit. Respondent: 2 hours. profit. Estimated Number of Respondents: Frequency of Response: On occasion. Estimated Number of Recordkeepers: 328. Estimated Total Reporting Burden: 21 25. Estimated Burden Hours Per hours. Estimated Burden Hours Per Respondent: 2 hours. OMB Number: 1513–0066. Recordkeeper: 100 hours. Frequency of Response: On occasion. Recordkeeping Requirement ID Frequency of Response: On occasion. Estimated Total Reporting Burden: Number: TTB REC 5170/3. Estimated Total Recordkeeping 1,620 hours. Type of Review: Extension. Burden: 2,500 hours. OMB Number: 1513–0057. Title: Stills: Retail Liquor Dealers OMB Number: 1513–0088. Recordkeeping Requirement ID Records of Receipts of Alcoholic Recordkeeping Requirement ID Number: TTB REC 5120/2. Beverages and Commercial Invoices. Number: TB REC 5000/24. Type of Review: Extension. Description: Audit trail records show Type of Review: Extension. Title: Letterhead Applications and amounts purchased and from whom; Title: Alcohol, Tobacco Tax ad Trade Notices Relating to Wine. complete financial audit trail Tax Returns, Claims and Related Description: Letterhead applications established at distilled spirits plant. Tax Documents. and notices relating to wine are required revenue will be protected. The Description: TTB is responsible for to ensure that the intended activity will collection of information is contained in the collection of the excise taxes on not jeopardize the revenue or defraud 27 CFR 194.234. firearms, ammunition, distilled spirits, consumers. Respondents: Business or other for- wine, beer, cigars, cigarettes, chewing Respondents: Business or other for- profit, State, Local or Tribal tobacco, snuff, cigarette papers, tubes profit. Government. and pipe tobacco. Alcohol, tobacco and Estimated Number of Respondents: Estimated Number of Recordkeepers: ammunition excise taxes, plus alcohol, 1,650. 455,000. tobacco and firearms special Estimated Burden Hours Per Estimated Burden Hours Per occupational taxes are required to be Respondent: 30 minutes. Recordkeeper: 1 hour. collected on the basis of a return. Frequency of Response: On occasion. Estimated Total Recordkeeping Respondents: Business or other for- Estimated Total Reporting Burden: Burden: 1 hour. profit, Individuals or households, Not- 825 hours. OMB Number: 1513–0067. for-profit institutions. OMB Number: 1513–0060. Recordkeeping Requirement ID Estimated Number of Recordkeepers: Recordkeeping Requirement ID Number: TTB REC 5170/6. 503,921. Number: TTB REC 5150/4. Type of Review: Extension. Estimated Burden Hours Per Type of Review: Extension. Title: Wholesale Dealers Applications, Recordkeeper: 1 hour. Title: Letterhead Applications and Letterheads, and Notice Relating to Frequency of Response: On occasion. Notices Relating to Tax-Free Alcohol. Operations (Variations in Format or Estimated Total Recordkeeping Description: Tax-free alcohol is used Preparation of Records. Burden: 503.921 hours. for non-beverage purposes in scientific Description: To ascertain that revenue OMB Number: 1513–0089. research and medicinal uses by is not placed in jeopardy. Tax revenue Recordkeeping Requirement ID educational organizations, hospitals, will be protected. (Affects wholesale Number: TTB REC 5530/3. laboratories, etc. Permits/Applications liquor dealers.) Type of Review: Extension. control authorized uses and flow. TTB Respondents: Business or other for- Title: Liquors and Articles from REC 5150/4 is designed to protect profit. Puerto Rico or the Virgin Islands. revenue and public safety. Estimated Number of Recordkeepers: Description: Information collection Respondents: Not-for-profit 1,029. requirements for persons bringing non- institutions, Federal Government, State, Estimated Burden Hours Per beverage products into the United States Local or Tribal Government. Recordkeeper: 30 minutes. from Puerto Rico and the Virgin Islands Estimated Number of Respondents: Frequency of Response: On occasion. and is necessary for the verification of 4,444. Estimated Total Recordkeeping claims for drawback of distilled spirits Estimated Burden Hours Per Burden: 515 hours. excise taxes paid on such products. Respondent: 30 minutes. OMB Number: 1513–0074. Respondents: Business or other for- Frequency of Response: On occasion. Recordkeeping Requirement ID profit. Estimated Total Reporting Burden: Number: TTB REC 5620/2. Estimated Number of Respondents: 2,222 hours. Type of Review: Extension. 20. OMB Number: 1513–0063. Title: Airlines Withdrawing Stock Estimated Burden Hours Per Recordkeeping Requirement ID from Customs Custody. Respondent: 6 hours. Number: TTB REC 5150/8. Description: Airlines may withdraw Frequency of Response: Quarterly. Type of Review: Extension. tax exempt distilled spirits, wine, and Estimated Total Reporting Burden: Title: Stills: Notices, Registration, and beer from Customs custody for foreign 120 hours. Records. flights. Required record shows amount OMB Number: 1513–0097. Description: The information is used of spirits and wine withdrawn and flight Form Number: None. to account for and regulate the identification; also has Customs Type of Review: Extension. distillation of distilled spirits to protect certification; enables TTB to verify that Title: Notices Relating to Payment of the revenue and to provide for tax is not due; allows spirits and wines Firearms and Ammunition Excise Tax. identification of distillers. to be traced and maintains Description: Excise taxes are collected Respondents: Business or other for- accountability. Tax revenue will be on the sale or use of firearms and profit. protected. The collection of information ammunition by firearms or ammunition Estimated Number of Respondents: is contained in 27 CFR 253.280 and manufacturers, importers or producers. 10. 252.281. Taxpayers who elect to pay excise taxes

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by electronic fund transfer must furnish Description: All persons who hold for of New Markets Tax Credits (NMTCs), a written notice upon election and sale any cigarettes on January 1, 2000, the competitive procedure through discontinuance. Tax revenue will be must take an inventory. A floor stocks which such allocations will be made, protected. tax has been imposed on cigarettes. The and the actions that will be taken to Respondents: Business or other for- recordkeeping and the tax return for this ensure that proper allocations are made profit. tax are prescribed by TTB. to appropriate entities. The Secretary Estimated Number of Respondents: Respondents: Business or other for- delegated such authority to the Under 10. profit. Secretary (Domestic Finance), who in Estimated Burden Hours Per Estimated Number of Recordkeepers: turn delegated such authority to the Respondent: 1 hour. 100. Director of the Community Frequency of Response: On occasion. Estimated Burden Hours Per Development Financial Institutions Estimated Total Reporting Burden: 1 Recordkeeper: 1 hour. Fund (the Fund). hour. Frequency of Response: Other (one- In March 2003, in the inaugural round OMB Number: 1512–0100. time). Estimated Total Recordkeeping of the NMTC Program, the Fund issued Form Number: None. Notices of Allocation to qualified Type of Review: Extension. Burden: 1 hour. Clearance Officer: Jacqueline White community development entities (CDEs) Title: Applications, Notices, and authorizing such entities to issue to Relative to Importation and Exportation (202) 927–8930, Bureau of Alcohol, their investors up to $2.5 billion in of Distilled Spirits, Wine and Beer, Tobacco and Firearms, Room 3200, 650 equity as to which NMTCs may be including Puerto Rico and Virgin Massachusetts Avenue, NW., claimed. In this second round of the Islands Washington, DC 20226. NMTC Program, the Fund may allocate Description: Beverage alcohol, OMB Reviewer: Joseph F. Lackey, Jr., to CDEs the authority to issue to their industrial alcohol, beer wine are taxed (202) 395–7316, Office of Management investors up to the aggregate amount of when imported. The taxes on these and Budget, Room 10235, New $3.5 billion in equity as to which commodities coming from the Virgin Executive Office Building, Washington, NMTCs may be claimed (the authority Islands and Puerto Rico are largely DC 20503. returned to these insular possessions. will include the aggregated amounts of Lois K. Holland, $1.5 billion for calendar year 2003 and Exports are mainly tax-free. These Treasury PRA Clearance Officer. sections ensure that proper taxes are $2.0 billion for calendar year 2004, as [FR Doc. 03–18247 Filed 7–17–03; 8:45 am] permitted under IRC sections 45D(f)(1) collected and returns according to law. BILLING CODE 4810–31–P Respondents: Business or other for- and 45D(f)(3)). The Fund reserves the profit. right to allocate said authority to any, all or none of the entities that submit an Estimated Number of Recordkeepers: DEPARTMENT OF THE TREASURY 20. application in response to this NOAA, Estimated Burden Hours Per Community Development Financial and in amounts determined by the Recordkeeper: 9 hours. Institutions Fund Fund. Frequency of Response: On occasion. This NOAA provides guidance for the Estimated Total Recordkeeping Notice of Allocation Availability application for and allocation of NMTCs Burden: 180 hours. (NOAA) Inviting Applications for the for the second round of the NMTC OMB Number: 1513–0104. New Markets Tax Credit Program Program and should be read in conjunction with: (i) Guidance Recordkeeping Requirement ID AGENCY: Community Development published by the Fund on how an entity Number: TTB REC 5120/11. Financial Institutions Fund, Department may apply to become certified as a CDE Type of Review: Extension. of the Treasury. Title: Information Collected in (66 FR 65806, December 20, 2001); (ii) ACTION: Notice of allocation availability Support of Small Producer’s Wine Tax the temporary regulations issued by the (NOAA) inviting applications for the Internal Revenue Service (26 CFR Credit. New Markets Tax Credit Program. Description: TTB collects this 1.45D–1T, published on December 26, information to ensure proper tax credit. SUMMARY: Title I, subtitle C, section 121 2001) and related guidance, including The information is used by taxpayers in of the Community Renewal Tax Relief Notice 2002–64, 2002–41 I.R.B. 690, preparing their returns and by TTB to Act of 2000 (the Act), as enacted by Rev. Rul. 2003–20, 2003–7 I.R.B. 465, verify tax computation. Recordkeepers section 1(a)(7) of the Consolidated Notice 2003–9, 2003–5 I.R.B. 369; and are wine producers who want to transfer Appropriations Act, 2001 (Pub. L. 106– (iii) the application and related their credit to warehouse operators and 554, December 21, 2000), amended the materials for this second NMTC the transferees who take such credit. Internal Revenue Code (IRC) by adding Program allocation round. All such Respondents: Business or other for- IRC section 45D, New Markets Tax materials may be found on the Fund’s profit. Credit. section 45D requires the Web site at http://www.cdfifund.gov. Estimated Number of Recordkeepers: Secretary of the Treasury (Secretary) to The Fund strongly encourages 280. establish a program that will provide an applicants to review these documents. Estimated Burden Hours Per incentive to investors in the form of a Capitalized terms used but not defined Recordkeeper: 1 hour. tax credit over seven years, which is in this NOAA shall have the respective Estimated Total Recordkeeping expected to stimulate the provision of meanings assigned to them in the Burden: hours. private investment capital that, in turn, allocation application, the Act or the OMB Number: 1513–0105. will facilitate economic and community IRS temporary regulations. Form Number: TTB F 5000.28T. development in low-income Through this NOAA, the Fund Type of Review: Extension. communities. Section 121(f) of the Act, encourages all entities proposing to Title: 2000 Floor Stocks Tax Return among other things, requires the make Qualified Low-Income (Cigarettes) and Recordkeeping Secretary to issue guidance on how Community Investments to apply for an Requirements. entities may apply to receive allocations allocation of NMTCs.

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Applications and Dates supporting documentation will be September 26, 2003, until after the Electronic Applications: further detailed in the electronic allocation application deadline of Simultaneous with the publication of application. September 30, 2003. Programmatic this NOAA, the Fund has made the Paper Applications: If an applicant is support can be obtained by calling (202) NMTC Program allocation application unable to submit an electronic 622–7373 or through e-mail by sending application, it must submit to the Fund available on its Web site at http:// questions or requests for programmatic a request for a paper application using www.cdfifund.gov. The application is assistance to [email protected]. the NMTC Paper Application currently available in a read-only Information technology support can be Submission Form, and the request must format. However, applicants are obtained by calling (202) 622–2455 or be received by the Fund by September expected to submit completed through e-mail by sending questions or 15, 2003. The NMTC Paper Application applications electronically to the Fund requests for information technology Submission Form may be obtained from using a web-based application. assistance to [email protected]. the Fund’s Web site at http:// Submission of an electronic application Applications and other information www.cdfifund.gov or the form may be will facilitate the processing and review regarding the Fund and its programs requested by e-mail at of applications and the selection of may be obtained from the Fund’s Web [email protected] or by calling the Allocatees; further, it will assist the site at http://www.cdfifund.gov. The Fund’s NMTC Program help desk at Fund in the implementation of Fund will post on its Web site responses (202) 622–7373. The completed NMTC electronic reporting requirements for to questions of general applicability Paper Application Submission Form Allocatees. Please note that the Office of regarding the NMTC Program. If you should be directed to the Fund’s Chief Management and Budget is currently have any general questions about the Financial Officer and must be sent by reviewing the application form for final NMTC Program, contact Matthew facsimile to (202) 622–8911. approval in accordance with the The deadline for receipt of a paper Josephs, the Fund’s Acting NMTC requirements of the Paperwork application, including the requisite Program Manager. The Acting NMTC Reduction Act. The Fund anticipates original signature page and all Program Manager may be reached by e- that the final and approved form of the attachments, at the designated location mail at [email protected], by Web-based application will be available is 5 p.m. ET on September 30, 2003. telephone at (202) 622–7373, by on the Fund’s Web site commencing no Paper applications received after that facsimile at (202) 622–8911, or by mail later than August 22, 2003. date and time will not be accepted for at CDFI Fund, 601 13th Street, NW, Applicants will need access to consideration and will be returned to Suite 200 South, Washington, DC 20005. Internet Explorer 5.5 or higher or the sender. Applications sent by For questions regarding the tax aspects Netscape Navigator 6.0 or higher, facsimile or by e-mail will not be of the NMTC Program, contact Branch Windows 98 or higher (or other system accepted. Five, Office of the Associate Chief compatible with the above Explorer and Counsel (Passthroughs and Special Netscape software) and optimally at ADDRESSES: Paper applications and the Industries), IRS, by telephone at (202) least a 56Kbps Internet connection in signature page and attachments for 622–3040, by facsimile at (202) 622– order to meet the electronic application electronic applications must be sent to: 4753, or by mail at 1111 Constitution submission requirements. Electronic CDFI Fund Grants Management & Avenue, NW, Attn: CC:PSI:5, applications must be submitted solely Compliance Manager, NMTC Program, Washington, DC 20224. These are not by using the format made available at Bureau of Public Debt—Franchising, toll free numbers. the Fund’s Web site for the NMTC 200 Third Street, PCB, Room 10, Program. The Fund’s electronic Parkersburg, WV 26101–5312. The SUPPLEMENTARY INFORMATION: application system will only permit the telephone number to be used in I. Background submission of applications in which all conjunction with overnight mailings to required questions and tables are fully this address is (304) 480–5450. Paper By providing an incentive in the form completed. applications and the signature page or of a tax credit over seven years, NMTCs The deadline for receipt of electronic attachments for electronic applications are intended to stimulate the provision applications is 5 p.m. ET on September will not be accepted at the Fund’s of $15 billion of private investment 30, 2003. Electronic applications cannot offices in Washington, DC. Paper capital in CDEs that, in turn, will make be transmitted or received after 5 p.m. applications and signature pages or investments in low-income urban and ET on September 30, 2003. Each attachments for electronic applications rural communities, thus facilitating applicant that submits an electronic received in the Fund’s offices will be economic and community development. application by the deadline must submit rejected and returned to the sender. The goal is to address limitations of an original signature page and all Except for the signature page and financial markets by facilitating the flow attachments not later than 5 p.m. ET on attachments, electronic applications of equity capital into areas not being October 7, 2003. If the original signature must be submitted solely by using the adequately served by conventional page is not received by this date and Fund’s Web site and must be sent in lenders and investors. This goal can be time, the application will be rejected accordance with the submission achieved, for example, by deploying and returned to the sender. If the instructions provided in the electronic investments in products or services that: required attachments are not received application form. (a) Provide services to creditworthy by this date and time, they will not be FOR FURTHER INFORMATION CONTACT: The borrowers or investees not served by considered and will be returned to the Fund will provide programmatic and conventional sources of capital; (b) sender. The signature page and information technology support related provide a catalyst for large-scale, self- attachments must be sent by mail to the to the allocation application between generating flows of investments (for address listed below. Please see the the hours of 9 a.m. and 5 p.m. ET example, the increased provision of application instructions, provided in the through September 26, 2003. The Fund critical public services); or (c) serve electronic application, for further will not respond to phone calls or e- borrowers or investees who may present details. Additional deadlines (if any) mails concerning the application that greater risks than would be assumed by relating to the submission of general are received after 5 p.m. ET on conventional providers of capital in

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order to generate benefits distributed Fund by no later than 5 p.m. ET on deadline of this NOAA. Further, an broadly throughout the community. September 30, 2003. The CDE service entity is not eligible to apply for a Through the NMTC Program, an area change request must be sent from NMTC Allocation pursuant to this entity may apply to the Fund to be the applicant’s authorized NOAA if another entity that Controls certified as a CDE. Nonprofit entities representative and include the the applicant, is Controlled by the and for-profit entities may be certified applicable CDE control number, the applicant or shares common as CDEs by the Fund. Both for-profit and revised service area designation, and an management officials with the applicant non-profit entities may apply to the updated accountability chart that (as determined by the Fund), is a prior Fund for an allocation of NMTCs, but reflects representation from low-income Fund awardee under any Fund program only CDEs that are for-profit entities are communities in the revised service area. or component of the CDFI Program, and eligible to issue Qualified Equity The service area change request must be has a balance of undisbursed funds Investments with respect to which sent by e-mail to [email protected] under said prior award(s), as of the investors will be entitled to claim or by facsimile to (202) 622–8911. application deadline of this NOAA. For NMTCs. A taxpayer that makes a (2) Entities that Have Received NMTC the purposes of this section, Qualified Equity Investment in a CDE Allocations in the Prior NMTC Program undisbursed funds are defined as: (i) In that has received a NMTC Allocation Allocation Round: Applicants are the case of prior BEA Program awards, from the Fund may claim a five percent hereby notified that success in a prior any balance of award funds greater than tax credit on the investment amount as round of the NMTC Program or any of $5,000 that remains undisbursed more of the date on which the investment is the Fund’s other programs is not a than three (3) years after the BEA initially made and on each of the next predictor of success under this NOAA. Program awardee executes an award two anniversary dates and a six percent A prior Allocatee of the NMTC Program agreement with the Fund, and (ii) in the tax credit for each of the next four is not eligible to receive a NMTC case of prior CDFI Program or other anniversary dates. Allocation pursuant to this NOAA Fund program awards, any balance of In this NOAA, the Fund addresses unless the Allocatee can demonstrate award funds greater than $5,000 that specifically how an entity may apply to via the Fund’s allocation tracking remains undisbursed more than one (1) receive an allocation of NMTCs, the system that, as of February 17, 2004, it year after the CDFI Program or other competitive procedure through which has issued and the Allocatee has Fund program awardee executes an NMTC Allocations will be made, and received cash from its investors for 50 assistance agreement with the Fund; the actions that will be taken to ensure percent of its Qualified Equity and that proper allocations are made to Investments relating to its prior NMTC (b) The Fund will not consider an appropriate entities. Applicants should Allocation. Further, an entity is not application submitted by an applicant consult the temporary regulations and eligible to receive a NMTC Allocation that is a prior Fund awardee under any related guidance issued by the IRS for pursuant to this NOAA if another entity Fund program or component of the the NMTC Program to obtain guidance that Controls the applicant, is CDFI Program if the applicant has failed on tax issues related to the NMTC Controlled by the applicant or shares to meet its reporting requirements, set Program. common management officials with the forth in a previously executed assistance applicant (as determined by the Fund), II. Eligibility or award agreement(s), or has been has not, as of February 17, 2004, issued debarred from applying under any Fund IRC section 45D specifies certain and received cash from its investors for program, as of the application deadline eligibility requirements that each 50 percent of its Qualified Equity of this NOAA. Further, an entity is not applicant must meet to be eligible to Investments relating to a prior NMTC eligible to apply for a NMTC Allocation apply for an allocation of NMTCs. The Allocation. For purposes of this section pursuant to this NOAA if another entity following sets forth additional detail of the NOAA, the Fund will only count that Controls the applicant, is and certain additional dates that relate as ‘‘issued’’ those Qualified Equity to the submission of applications under Investments that have been recorded in Controlled by the applicant or shares this NOAA: the Fund’s allocation tracking system by common management officials with the (1) CDE Certification: For purposes of February 17, 2004. Allocatees and their applicant (as determined by the Fund), this NOAA, the Fund will not consider Subsidiary transferees, if any, are is a prior Fund awardee under any Fund an application for an allocation of advised to access the Fund’s allocation program or component of the CDFI NMTCs unless: (a) The applicant is tracking system to record each Qualified Program, and has failed to meet its certified as a CDE at the time the Fund Equity Investment that they issue to an reporting requirements, set forth in a receives its NMTC Program allocation investor in exchange for cash. previously executed assistance or award application; or (b) the Fund receives (3) Entities that Have Received agreement(s), or has been debarred from from the applicant an application for Awards from the Fund in Prior Award applying under any Fund program, as of certification as a CDE no later than 5 Rounds of Other Fund Programs: Prior the application deadline of this NOAA. p.m. ET on August 29, 2003. The Fund awardees of any component of the Accordingly, applicants that are prior will not provide allocations of NMTCs Fund’s Community Development awardees under any other Fund to applicants that are not certified as Financial Institutions (CDFI) Program, program are advised to: CDEs. Applicants for certification may the Bank Enterprise Award (BEA) (i) Submit all required reports by the obtain a CDE certification application Program, or any other Fund program are deadlines specified in the assistance or through the Fund’s Web site at http:// eligible to apply under this NOAA, award agreements governing said prior www.cdfifund.gov. Applications for CDE except as follows: awards and to comply with all certification must be submitted as (a) The Fund will not consider an requirements found therein; instructed in the application form. application submitted by an applicant (ii) Contact the appropriate Program If an applicant that has already been that is a prior Fund awardee under any Operations representative of the Fund to certified as a CDE wishes to change its Fund program or component of the ensure that all necessary actions are designated CDE service area, it must CDFI Program if the applicant has a underway for the disbursement of any submit its request for such a change; balance of undisbursed funds under outstanding balances of said prior said request must be received by the said prior award(s), as of the application awards; and

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(iii) Confirm that any entity that series of funds may apply for CDE Affiliates may not submit separate Controls the applicant, is Controlled by certification and an allocation of allocation applications. the applicant or shares common NMTCs as a single entity, or as multiple IV. Evaluation management officials with the entities. If such an applicant represents applicant, and is a prior Fund awardee, that it is properly classified for Federal Eligibility and Completeness Review: has submitted all required reports to the tax purposes as a single partnership or All applications for NMTC Allocations Fund and is taking all necessary actions corporation, it may apply for CDE will be reviewed for eligibility and for the disbursement of any outstanding certification as a single entity. If an completeness. The Fund may consult balances of any prior Fund awards. applicant represents that it is properly with the IRS on the eligibility (4) Entities that Propose to Transfer classified for Federal tax purposes as requirements under section 45D. Once NMTCs to Subsidiaries: Both for-profit multiple partnerships or corporations, the application has been determined to and non-profit CDEs may apply to the then it may submit a single application be eligible and complete, the Fund will Fund for allocations of NMTCs, but only on behalf of the entire series of funds, conduct the substantive review of each a for-profit CDE is permitted to provide and each fund must be separately application in accordance with the NMTCs to its investors. A non-profit certified as a CDE. Applicants should criteria and procedures described applicant wishing to apply for a NMTC note, however, that receipt of CDE generally in this NOAA and the Allocation must demonstrate, prior to certification as a single entity or as allocation application. entering into an Allocation Agreement multiple entities is not a determination Application Evaluation: In the first with the Fund, that: (1) It controls one that an applicant and its related funds part of the substantive review, each or more Subsidiaries that are for-profit are properly classified as a single entity Fund reviewer will evaluate the entities; and (2) it intends to transfer the or as multiple entities for Federal tax following application elements based on full amount of any NMTC Allocation it purposes. Regardless of whether the a 100-point, plus 10-priority point, scale receives to said Subsidiary. The series of funds applies as a single (for a total of 110 points): Subsidiary transferee must: (i) Submit a partnership or corporation or as (1) Business Strategy (25-point CDE certification application to the multiple partnerships or corporations, maximum plus up to 5 points for each Fund within 30 days after the non-profit an applicant may not transfer any of the two statutory priority items). In applicant receives a Notice of Allocation NMTC Allocations it receives to one or assessing an applicant’s business from the Fund; and (ii) must be certified more of its funds unless the transfer is strategy, reviewers will consider, among as a CDE prior to entering into an pre-approved by the Fund, in its sole other things: the applicant’s products, Allocation Agreement with the Fund. discretion, which will be a condition of services and investment criteria; the The NMTC Allocation transfer must be the Allocation Agreement. prior performance of the applicant or its pre-approved by the Fund, in its sole (7) Entities that are BEA Program Controlling Entity, particularly as it discretion, and will be a condition of Awardees: An insured depository relates to making similar kinds of the Allocation Agreement. A for-profit institution investor (and its Affiliates investments as those it proposes to applicant that receives a NMTC and Subsidiaries) may not receive a make with the proceeds of Qualified Allocation may transfer such NMTC NMTC Allocation in addition to a BEA Equity Investments; the applicant’s Allocation to its for-profit Subsidiary or Program award for the same investment prior performance in providing capital Subsidiaries, provided that said in a CDE. Likewise, an insured or technical assistance to disadvantaged Subsidiary transferees have been depository institution investor (and its businesses or communities; the certified as CDEs and such transfer is Affiliates and Subsidiaries) may not projected level of the applicant’s pre-approved by the Fund, in its sole receive a BEA Program award in pipeline of potential investments; and discretion, which transfer will be a addition to a NMTC Allocation for the the extent to which the applicant condition of the Allocation Agreement. same investment in a CDE. intends to make Qualified Low-Income An applicant wishing to transfer all or Community Investments in one or more a portion of its NMTC Allocation to a III. Application Packet businesses in which persons unrelated Subsidiary is not required to create the An applicant under this NOAA must to the entity hold a majority equity Subsidiary prior to submitting a NMTC submit all of the materials described in interest. allocation application to the Fund. the application, which is available at the Under the business strategy criterion, Rather, the Fund will require each Fund’s Web site at http:// an applicant will generally score well to applicant to indicate, in its NMTC www.cdfifund.gov. An application must the extent that it will deploy debt or allocation application, whether it include a valid and current Employer investment capital in products or intends to transfer all or a portion of its Identification Number (EIN) issued by services which: (a) Are designed to meet NMTC Allocation to a Subsidiary and the Internal Revenue Service and the needs of underserved markets; (b) its timeline for doing so. As stated assigned to the applicant and, if are flexible or non-traditional in form; above, in no circumstance will the Fund applicable, its Controlling Entity; and (c) focus on customers or partners authorize such a transfer until the Fund electronic applications without a valid that typically lack access to has certified the Subsidiary transferee as EIN are incomplete and cannot be conventional sources of capital. An a CDE. transmitted to the Fund; paper applicant will also score well to the (5) Entities that Propose to Submit applications submitted without a valid extent that it: (i) Has a track record of Applications Together With Affiliates: If EIN will be rejected as incomplete and successfully providing products and an applicant and its Affiliates wish to returned to the sender. For more services similar to those it intends to submit allocation applications, they information on obtaining an EIN, please use with the proceeds of Qualified must do so collectively, in one contact the Internal Revenue Service at Equity Investments; (ii) has identified, application; an applicant and its (800) 829–4933 or http://www.irs.gov. or has a process for identifying, Affiliates may not submit separate An applicant may not submit more than potential transactions; (iii) demonstrates allocation applications. one application. In addition, an a likelihood of issuing Qualified Equity (6) Entities Created as a Series of applicant and its Affiliates must Investments and making the related Funds: An applicant whose business collectively submit only one allocation Qualified Low-Income Community structure consists of an entity with a application; an applicant and its Investments in a time period that is

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significantly shorter than the time their investments in Low-Income monitoring of an applicant’s business period permitted by the Act; and (iv) in Communities or how new investors will plan and strategy. the case of an applicant proposing to be brought into such investments; the An applicant will generally score well purchase loans from CDEs, the applicant extent to which the applicant intends to under this section to the extent that its will require the CDE selling such loans invest the proceeds from the aggregate management team or other essential to re-invest the proceeds of the loan sale amount of its Qualified Equity personnel have experience in: (a) to provide additional products and Investments at a level that exceeds the Deploying capital or technical services to low-income communities. requirements of IRC section assistance in Low-Income Communities, In addition, as provided by IRC 45D(b)(1)(B), including the extent to particularly those likely to be served by section 45D(f)(2), the Fund will ascribe which the applicant has identified the the applicant with the proceeds of additional points to entities that meet financial resources outside of the NMTC Qualified Equity Investments; (b) raising either or both of the statutory priorities. investments necessary to support its capital, particularly from for-profit First, the Fund will give up to five (5) operations or finance its activities; and investors; (c) asset and risk additional points to any applicant that the applicant’s timeline for utilizing an management; and (d) fulfilling has a record of having successfully NMTC Allocation. government compliance requirements, provided capital or technical assistance An applicant will generally score well particularly tax program compliance. to disadvantaged businesses or under this section to the extent that: (a) An applicant will also score well to the communities. Second, the Fund will It has secured investor commitments, or extent it has policies and systems in give five (5) additional points to any has a reasonable strategy for obtaining place to ensure ongoing compliance applicant that intends to satisfy the such commitments; (b) its request for with NMTC Program requirements, and requirement of IRC section 45D(b)(1)(B) allocations is commensurate with both to the extent that Low-Income by making Qualified Low-Income the level of Qualified Equity Community stakeholders play an active Community Investments in one or more Investments it is likely to raise and its role in designing or implementing its businesses in which persons unrelated expected investment strategy to deploy business plan. to an applicant (within the meaning of funds raised with NMTCs; (c) it is likely (4) Community Impact (25-point IRC section 267(b) or IRC section to leverage other sources of funding in maximum). In assessing the impact on 707(b)(1)) hold the majority equity addition to NMTC investor dollars; (d) communities expected to result from the interest. Applicants may earn points for it intends to invest the proceeds from applicant’s proposed investments, either or both statutory priorities. Thus, the aggregate amount of its Qualified reviewers will consider, among other applicants that meet the requirements of Equity Investments at a level that things, the degree to which the both priority categories can receive up exceeds the requirements of IRC section applicant is likely to achieve significant to a total of ten (10) additional points. 45D(b)(1)(B). In the case of an applicant and measurable community A record of having successfully proposing to raise investor funds from development and economic impacts in provided capital or technical assistance organizations that also will identify or its Low-Income Communities, and to disadvantaged businesses or originate transactions for the applicant whether the applicant is working in communities may be demonstrated or from affiliated entities, said applicant particularly economically distressed either by the past actions of an applicant will score well to the extent that it will markets and/or in concert with Federal, itself or by its Controlling Entity (e.g., offer products with more favorable rates state or local government or community where a new CDE is established by a or terms than those currently offered by economic development initiatives (e.g., nonprofit corporation with a history of the investor and/or will target its Empowerment Zones, Enterprise providing assistance to disadvantaged activities to areas of greater economic Communities, and Renewal communities). An applicant that distress than those currently targeted by Communities). receives additional points for intending the investor. An applicant will generally score well to make investments in unrelated (3) Management Capacity (25-point under this section to the extent that: (a) businesses and is awarded a NMTC maximum). In assessing an applicant’s It articulates how its strategy is likely to Allocation must meet the requirements management capacity, reviewers will produce significant and measurable of IRC section 45D(b)(1)(B) by investing consider, among other things, the community development and economic substantially all of the proceeds from qualifications of the applicant’s impacts that would not be achieved the aggregate amount of its Qualified principals, its board members, its without NMTCs; and (b) it is working in Equity Investments in unrelated management team, and other essential particularly economically distressed or businesses. staff or contractors, with specific focus otherwise underserved communities (2) Capitalization Strategy (25-point on: Experience in deploying capital or and/or in concert with other Federal, maximum). In assessing an applicant’s technical assistance, including activities state or local government or community capitalization strategy, reviewers will similar to those described in the economic development initiatives. consider, among other things: The applicant’s business strategy; experience Determination of Highly Qualified extent to which the applicant has in raising capital; asset management and Applicants: Fund reviewers will secured investments, commitments to risk management experience; experience evaluate and score each application in invest, or indications of interest in with fulfilling compliance requirements the first part of the review process. An investments from investors, of other governmental programs, applicant must exceed a minimum commensurate with its requested including other tax programs; and the overall aggregate base score threshold amount of tax credit allocations; the applicant’s (or its Controlling Entity’s) (the sum of the total scores provided by applicant’s strategy for identifying financial health. Reviewers will also the reviewers, minus priority points) additional investors, if necessary, consider the extent to which an and exceed a minimum aggregate including the applicant’s (or its applicant has protocols in place to section score threshold (minus priority Controlling Entity’s) prior performance ensure ongoing compliance with NMTC points) in each of the four application with raising equity from investors, Program requirements, and the level of sections (Business Strategy, particularly for-profit investors; the involvement of community Capitalization Strategy, Management extent to which the applicant identifies representatives and other stakeholders Capacity, and Community Impact) in how existing investors will leverage in the design, implementation or order to advance from the first part of

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the substantive review process. If, in the under the NMTC Program, the Fund directors, owners, partners and key case of a particular application, a will consider the applicant’s level of employees. reviewer’s total base score or section success in meeting the terms, conditions The Fund further reserves the right to score(s) (in one or more of the four and other requirements contained in its change these evaluation procedures, if application sections), varies prior or existing Allocation the Fund deems it appropriate; if said significantly from the median of the Agreement(s) with the Fund and its procedural changes materially affect the reviewers’ total base scores or section demonstrated need for additional Fund’s award decisions, the Fund will scores for such application, the Fund allocations. The Fund reserves the right provide information regarding the may, in its sole discretion, obtain the to reject any NMTC allocation procedural changes through the Fund’s comments and recommendations of an application in the case of a prior Fund Web site. additional reviewer to determine awardee, if such applicant has failed to V. Notice of Allocation whether the anomalous score should be comply with the terms, conditions, and replaced with the score of the additional other requirements of the prior or The Fund will signify its selection of reviewer. existing assistance or award an applicant as an Allocatee by The Fund will consider the agreement(s) with the Fund. The Fund delivering a signed Notice of Allocation applicant’s total score (inclusive of reserves the right to reject any NMTC to the applicant. The Notice of priority points) from each reviewer and allocation application in the case of a Allocation will contain the general will award allocations to the most prior Fund Allocatee, if such applicant terms and conditions underlying the highly qualified applicants; provided, has failed to comply with the terms, Fund’s provision of an NMTC however, that: (1) The Fund has not conditions, and other requirements of Allocation including, but not limited to, decided at this time on a maximum its prior or existing Allocation the requirement that an Allocatee and the Fund enter into an Allocation allocation amount per applicant and the Agreement(s) with the Fund. Further, if Agreement. The applicant must execute Fund, in its sole discretion, reserves the an entity that Controls the applicant, is the Notice of Allocation and return it to right to set such a maximum award Controlled by the applicant or shares the Fund. By executing a Notice of amount if the Fund deems it common management officials with the Allocation, the Allocatee agrees that, if appropriate; and (2) the Fund, in its sole applicant (as determined by the Fund) prior to entering into an Allocation discretion, reserves the right to reject an is a prior Fund awardee or Allocatee, Agreement with the Fund, information application that receives scores that are the Fund will consider such entity’s comes to the attention of the Fund that not at or above the minimum scoring level of success in meeting the terms, either adversely affects the Allocatee’s range required for a total base score or conditions and other requirements of its for any one or more of the four eligibility for an award, or adversely prior assistance agreement, award affects the Fund’s evaluation of the application evaluation criteria outlined agreement, and/or Allocation above and detailed more fully in the Allocatee’s application, or indicates Agreement requirements with the Fund. fraud or mismanagement on the part of application materials. The Fund reserves the right to reject any As a part of the substantive review the Allocatee, the Fund may, in its NMTC allocation application in the case process, the Fund may permit discretion and without advance notice of any applicant, if an entity that reviewer(s) to make telephone calls to to the Allocatee, terminate the Notice of Controls the applicant, is Controlled by applicants for the sole purpose of Allocation or take such other actions as the applicant or shares common obtaining, clarifying or confirming it deems appropriate. Moreover, by management officials with the applicant application information. In no event executing a Notice of Allocation, an (as determined by the Fund), has failed shall such contact be construed to Allocatee agrees that, if prior to entering to meet the terms, conditions and other permit an applicant to change any into an Allocation Agreement with the element of its application. Reviewers requirements of any prior or existing Fund, the Fund determines that the will not contact applicants without the assistance agreement, award agreement Allocatee is not in compliance with the prior approval of the Fund. At this point or Allocation Agreement with the Fund. terms of any prior assistance agreement, in the process, an applicant may be The Fund’s allocation award award agreement, and/or Allocation required to submit additional decisions are final, with no right to Agreement entered into with the Fund, information about its application in appeal such decisions. the Fund may, in its discretion and order to assist the Fund with its final In the case of applicants or their without advance notice to the Allocatee, evaluation process. Such requests must Affiliates that are regulated by the either terminate the Notice of Allocation be responded to within the time Federal government, the Fund’s or take such other actions as it deems parameters set by the Fund. The selecting official(s) reserve(s) the right to appropriate. The Fund will rescind its selecting official(s) will make a final consult with and take into consideration award if the Allocatee fails to return the allocation determination based on an the views of the appropriate Federal Notice of Allocation, signed by the applicant’s file, including without banking and other regulatory agencies. authorized representative of the limitation, eligibility under section 45D, In the case of applicants or their Allocatee, along with any other the reviewers’ scores and the amount of Affiliates that are also Small Business requested documentation, within the allocation authority available. Investment Companies, Specialized deadline set by the Fund. In the case of an applicant that has Small Business Investment Companies previously received financial or or New Markets Venture Capital VI. Allocation Agreement technical assistance from the Fund Companies, the Fund reserves the right Each applicant that is selected to under the CDFI Program, the Fund will to consult with and take into receive a NMTC Allocation (including consider the applicant’s level of success consideration the views of the Small the applicant’s Subsidiary transferees) in meeting the terms, conditions and Business Administration. must enter into an Allocation other requirements contained in its The Fund reserves the right to Agreement with the Fund. The prior or existing assistance agreement(s) conduct additional due diligence, as Allocation Agreement will set forth with the Fund. In the case of an determined reasonable and appropriate certain required terms and conditions of applicant that has previously received by the Fund, in its sole discretion, the NMTC Allocation which may an NMTC Allocation from the Fund related to the applicant and its officers, include, but not be limited to, the

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following: (i) The amount of the a manner consistent with IRC section FOR FURTHER INFORMATION CONTACT: awarded NMTC Allocation; (ii) the 6103 so that the IRS may determine, Surety Bond Branch at (202) 874–6696. approved uses of the awarded NMTC among other things, whether the SUPPLEMENTARY INFORMATION: Notice is Allocation (e.g., loans to or equity Allocatee has used substantially all of hereby given that the Certificate of investments in Qualified Active Low- the proceeds of each Qualified Equity Authority issued by the Treasury to the Income Businesses or loans to or equity Investment raised through its NMTC above named Company, under the investments in other CDEs); (iii) the Allocation to make Qualified Low- United States Code, Title 31, Sections approved service area(s) in which the Income Community Investments. The 9304–9308, to qualify as an acceptable proceeds of Qualified Equity Allocation Agreement shall further surety on Federal bonds is terminated Investments may be used; (iv) the time describe the Allocatee’s reporting effective June 30, 2003. period by which the applicant may requirements. The Company was last listed as an obtain Qualified Equity Investments The Fund reserves the right, in acceptable surety on Federal bonds at 67 from investors; and (v) reporting accordance with applicable Federal law FR 44303, July 1, 2002. requirements for all applicants receiving and if authorized, to charge allocation With respect to any bonds, including NMTC Allocations. If an applicant has reservation and/or compliance continuous bonds, currently in force represented in its NMTC allocation monitoring fees to all entities receiving with above listed Company, bond- application that it intends to invest NMTC Allocations. Prior to imposing approving officers should secure new substantially all of the proceeds from its any such fee, the Fund will publish bonds with acceptable sureties in those investors in businesses in which additional information concerning the instances where a significant amount of persons unrelated to the applicant hold nature and amount of the fee. liability remains outstanding. In a majority equity interest, the Allocation VIII. Information Session addition, in no event, should bonds that Agreement will contain a covenant are continuous in nature be renewed. whereby said applicant agrees that it In connection with this NOAA, the The Circular may be viewed and will invest substantially all of said Fund will broadcast a video downloaded through the Internet at proceeds in businesses in which teleconference information session on http://www.fms.treas.gov/c570. A hard persons unrelated to the applicant hold August 6, 2003, from 1 pm to 5 pm ET. copy may be purchased from the a majority equity interest. Registration is required, as the video Government Printing office (GPO), In addition to entering into an teleconference information session will Subscription Service, Washington, DC, Allocation Agreement, each applicant be broadcast to secured federal facilities. (202) 512–1800. When ordering the selected to receive a NMTC Allocation The video teleconference information Circular from GPO, use the following must furnish to the Fund an opinion session will be produced in stock number: 769–004–04067–1. from its legal counsel, the content of Washington, DC, and will be Questions concerning this notice may which will be further specified in the downlinked via satellite to local be directed to the U.S. Department of Allocation Agreement, to include, Department of Housing and Urban the Treasury, Financial Management among other matters, an opinion that an Development offices in certain cities. Service, Financial Accounting and applicant (and its Subsidiary For further information on the video Services Division, Surety Bond Branch, transferees, if any): (i) Is duly formed teleconference information session, 3700 East-West Highway, Room 6F07, and in good standing in the jurisdiction locations, or to register, please visit the Hyattsville, MD 20782. in which it was formed and/or operates; Fund’s Web site at http:// Dated: June 30, 2003. (ii) has the authority to enter into the www.cdfifund.gov or call the Fund at Judith R. Tillman, Allocation Agreement and undertake (202) 622–8401. the activities that are specified therein; Assistant Commissioner, Financial Authority: 26 U.S.C. 45D; 31 U.S.C. 321; 26 Operations. (iii) has no pending or threatened CFR 1.45D–1T. litigation that would materially affect its [FR Doc. 03–18179 Filed 7–17–03; 8:45 am] ability to enter into and carry out the Dated: July 14, 2003. BILLING CODE 4810–35–M activities specified in the Allocation Tony T. Brown, Agreement; and (iv) is not in default of Director, Community Development Financial its articles of incorporation, bylaws or Institutions Fund. DEPARTMENT OF THE TREASURY other organizational documents, or any [FR Doc. 03–18213 Filed 7–17–03; 8:45 am] Internal Revenue Service agreements with the Federal BILLING CODE 4810–70–P government. Proposed Collection; Comment VII. Monitoring DEPARTMENT OF THE TREASURY Request for Form W–4S The Fund will collect information, on AGENCY: Internal Revenue Service (IRS), at least an annual basis, from all Fiscal Service Treasury. applicants that are awarded NMTC Surety Companies Acceptable on ACTION: Notice and request for Allocations and/or are recipients of comments. Qualified Low-Income Community Federal Bonds: Termination— Investments, including such audited Commercial Casualty Insurance SUMMARY: The Department of the financial statements and opinions of Company of North Carolina Treasury, as part of its continuing effort counsel as the Fund deems necessary or AGENCY: Financial Management Service, to reduce paperwork and respondent desirable, in its sole discretion. The Fiscal Service, Department of the burden, invites the general public and Fund will use such information to Treasury. other Federal agencies to take this monitor each Allocatee’s compliance ACTION: Notice. opportunity to comment on proposed with the provisions of its Allocation and/or continuing information Agreement and to assess the impact of SUMMARY: This Supplement No. 23 to collections, as required by the the NMTC Program in Low-Income the Treasury Department Circular 570; Paperwork Reduction Act of 1995, Communities. The Fund may also 2002 Revision, published July 1, 2002 at Public Law 104–13 (44 U.S.C. provide such information to the IRS in 67 FR 44294. 3506(c)(2)(A)). Currently, the IRS is

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soliciting comments concerning Form agency, including whether the Form Number: 1099–PATR. W–4S, Request for Federal Income Tax information shall have practical utility; Abstract: Form 1099–PATR is used to Withholding From Sick Pay. (b) the accuracy of the agency’s estimate report patronage dividends paid by DATES: Written comments should be of the burden of the collection of cooperatives in accordance with received on or before September 16, information; (c) ways to enhance the Internal Revenue Code section 6044. 2003 to be assured of consideration. quality, utility, and clarity of the The information is used by IRS to verify ADDRESSES: Direct all written comments information to be collected; (d) ways to reporting compliance on the part of the to Glenn Kirkland, Internal Revenue minimize the burden of the collection of recipient. information on respondents, including Service, room 6411, 1111 Constitution Current Actions: There are no changes Avenue NW., Washington, DC 20224. through the use of automated collection techniques or other forms of information being made to the form at this time. FOR FURTHER INFORMATION CONTACT: technology; and (e) estimates of capital Type of Review: Extension of a Requests for additional information or or start-up costs and costs of operation, currently approved collection. copies of the form and instructions maintenance, and purchase of services should be directed to Allan Hopkins at Affected Public: Business or other for to provide information. (202) 622–6665, or at Internal Revenue profit organizations. Service, room 6407, 1111 Constitution Approved: July 15, 2003. Estimated Number of Responses: Avenue NW., Washington, DC 20224, or Glenn Kirkland, 1,961,131. through the Internet, at IRS Reports Clearance Officer. Estimated Time Per Response: 15 min. [email protected]. [FR Doc. 03–18323 Filed 7–17–03; 8:45 am] Estimated Total Annual Burden SUPPLEMENTARY INFORMATION: BILLING CODE 4830–01–P Hours: 509,895. Title: Request for Federal Income Tax withholding From Sick Pay. The following paragraph applies to all OMB Number: 1545–0717. DEPARTMENT OF THE TREASURY of the collections of information covered Form Number: W–4S. by this notice: Internal Revenue Service Abstract: Section 3402(o) of the An agency may not conduct or Internal Revenue Code allows income Proposed Collection; Comment sponsor, and a person is not required to tax withholding on sick pay payments Request for Forms 1099–PATR respond to, a collection of information made by third parties upon request of unless the collection of information the payee. The information is used by AGENCY: Internal Revenue Service (IRS), displays a valid OMB control number. payers to determine how much to Treasury. Books or records relating to a collection withhold from each sick pay payment. ACTION: Notice and request for of information must be retained as long Current Actions: There are no changes comments. as their contents may become material being made to the form at this time. in the administration of any internal Type of Review: Extension of a SUMMARY: The Department of the revenue law. Generally, tax returns and currently approved collection. Treasury, as part of its continuing effort tax return information are confidential, Affected Public: Individuals or to reduce paperwork and respondent as required by 26 U.S.C. 6103. households. burden, invites the general public and Estimated Number of Respondents: other Federal agencies to take this Request for Comments 500,000. opportunity to comment on proposed Estimated Time Per Respondent: 1 hr., and/or continuing information Comments submitted in response to 32 min. collections, as required by the this notice will be summarized and/or Estimated Total Annual Burden Paperwork Reduction Act of 1995, included in the request for OMB Hours: 765,000. Public Law 104–13 (44 U.S.C. approval. All comments will become a The following paragraph applies to all 3506(c)(2)(A)). Currently, the IRS is matter of public record. Comments are of the collections of information covered soliciting comments concerning Form invited on: (a) Whether the collection of by this notice: 1099–PATR, Taxable Distributions information is necessary for the proper An agency may not conduct or Received From Cooperatives. performance of the functions of the agency, including whether the sponsor, and a person is not required to DATES: Written comments should be information shall have practical utility; respond to, a collection of information received on or before September 16, (b) the accuracy of the agency’s estimate unless the collection of information 2003 to be assured of consideration. displays a valid OMB control number. of the burden of the collection of ADDRESSES: Direct all written comments Books or records relating to a collection information; (c) ways to enhance the to Glenn Kirkland, Internal Revenue of information must be retained as long quality, utility, and clarity of the Service, room 6411, 1111 Constitution as their contents may become material information to be collected; (d) ways to Avenue NW., Washington, DC 20224. in the administration of any internal minimize the burden of the collection of revenue law. Generally, tax returns and FOR FURTHER INFORMATION CONTACT: information on respondents, including tax return information are confidential, Requests for additional information or through the use of automated collection as required by 26 U.S.C. 6103. copies of the form and instructions techniques or other forms of information should be directed to Allan Hopkins at technology; and (e) estimates of capital Request for Comments (202) 622–6665, or at Internal Revenue or start-up costs and costs of operation, Comments submitted in response to Service, room 6407, 1111 Constitution maintenance, and purchase of services this notice will be summarized and/or Avenue NW., Washington, DC 20224, or to provide information. through then Internet, at included in the request for OMB Approved: July 15, 2003. approval. All comments will become a [email protected]. Glenn Kirkland, matter of public record. Comments are SUPPLEMENTARY INFORMATION: invited on: (a) Whether the collection of Title: Taxable Distributions Received IRS Reports Clearance Officer. information is necessary for the proper From Cooperatives [FR Doc. 03–18324 Filed 7–17–03; 8:45 am] performance of the functions of the OMB Number: 1545–0118. BILLING CODE 4830–01–P

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DEPARTMENT OF VETERANS By Direction of the Secretary. millions of records of taxpayers who AFFAIRS E. Philip Riggin, have filed Federal individual income Committee Management Officer. tax returns. A full description of the Capital Asset Realignment for [FR Doc. 03–18234 Filed 7–17–03; 8:45 am] system of records was last published at Enhanced Services (CARES) BILLING CODE 8320–01–M 66 FR 63784 (December 10, 2001). Commission; Notice of Meeting VA: Accounts Receivable Records-VA (88VA244) containing records of The Department of Veterans Affairs DEPARTMENT OF VETERANS approximately 200,000 debtors. (VA) gives notice under Pub. L. 92–463 AFFAIRS Disclosure will be made under routine (Federal Advisory Committee Act) that use No. 18 of that system, a full the Capital Asset Realignment for Privacy Act of 1974, as Amended; description of which was last published Enhanced Services (CARES) Computer Matching Program Between at 63 FR 16864 on April 6, 1998. the Department of Veterans Affairs and Commission will meet on August 6–7, The matching program is expected to 2003, at the Hyatt Regency Crystal City, the Internal Revenue Service, Department of the Treasury begin on or about August 18, 2003, and 2799 Jefferson Davis Highway, continue in effect for 18 months. The Arlington, VA 22202. The meeting will AGENCY: Department of Veterans Affairs. agreement governing the matching begin at 8:30 a.m. each day and end at ACTION: Notice of Computer Matching program and, thus, the matching 5 p.m. on August 6 and at 12:30 p.m. on Program. program, may be extended an additional August 7. The meeting is open to the 12 months with the respective approval public. Notice is hereby given that the of the Data Integrity Boards of both the Department of Veterans Affairs (VA) and Department of Veterans Affairs and the The purpose of the Commission is to the Internal Revenue Service (IRS) conduct an external assessment of VA’s Department of the Treasury. Such propose to conduct a computer extension must occur within three capital asset needs. The Commission matching program. The purpose of the will consider recommendations months prior to expiration of the 18- program is to locate taxpayers who owe month period set forth above and under prepared by VA’s Under Secretary for delinquent debts to the Federal Health, and veterans service the terms set forth in 5 U.S.C. Government as a result of their 552a(o)(2)(D). organizations, individual veterans, participation in benefit programs Congress, medical school affiliates, VA administered by VA. Once located, VA ADDRESSES: Interested persons are employees, local government entities, will pursue collection of debts through invited to submit written comments, community groups and others. voluntary payments. If such payments suggestions, or objections regarding the Following its assessment, the are not forthcoming, VA may seek proposal to conduct the matching Commission will make specific involuntary collection under the program to the Director, Regulations recommendations to the Secretary of provisions of the Debt Collection Act of Management (00REG1), Department of Veterans Affairs regarding the 1982, as amended. Veterans Affairs, 810 Vermont Avenue, realignment and allocation of capital The legal authority for undertaking NW., Room 1064, Washington, DC assets necessary to meet the demands this matching program is contained in 20420. All relevant material received for veterans health care services over the the Internal Revenue Code at 26 U.S.C. before August 18, 2003, will be next 20 years. 6103(m)(2)(A). VA and IRS have considered. All written comments concluded an agreement to conduct the The August meeting is the fifth public received will be available for public matching program pursuant to inspection in the Office of Regulation meeting of the Commission. On the provisions of the Privacy Act of 1974, as Policy and Management, Room 1063B, morning of August 6, the Commission amended (5 U.S.C. 552a(o)). IRS will act between 8 a.m. and 4:30 p.m., Monday will decide whether the CARES as the source (i.e., matching) agency. VA through Friday (except holidays). Please projection Model is a reasonable model will provide a tape extract to IRS that call (202) 273–9515 for an appointment. for the purpose for which it was used. contains the Name Control (the first four FOR FURTHER INFORMATION CONTACT: During the rest of the meeting, the characters of the surname) and social Mark Gottsacker, Debt Management Commission will be briefed on the Draft security number (SSN) of each record Center (389/00A), Department of National Plan. subject. IRS will compare the tape Veterans Affairs, Bishop Henry Whipple extract against its database of taxpayers No time will be allocated at these Federal Building, 1 Federal Drive, Ft. who have filed Federal individual meetings for receiving oral presentations Snelling, Minnesota 55111, (612) 970– income tax returns, establishing ‘‘hits’’ from the public. However, interested 5703. persons may attend and/or file (i.e., individuals common to both tapes) statements with the Commission. on the basis of matched SSNs and Name SUPPLEMENTARY INFORMATION: This Written statements may be filed either Controls. For each hit, IRS will disclose information is required by the Privacy before the meeting or within 10 days to VA the following information: Name Act of 1974, as amended (5 U.S.C. after the meeting and addressed to: Control, SSN, and latest street address, 552a(e)(12)). A copy of this notice has Department of Veterans Affairs, CARES post office box or other address been provided to both Houses of Commission (OOCARES), 810 Vermont furnished by the taxpayer. Congress and to the Office of Records to be Matched: The systems Avenue, NW., Washington, DC 20420. Management and Budget. of records maintained by the respective Any member of the public wishing Approved: July 2, 2003. agencies from which records will be addition information should contact Mr. disclosed for the purpose of this Anthony J. Principi, Richard E. Larson, Executive Director, computer match are as follows: Secretary of Veterans Affairs. CARES Commission, at (202) 501–2000. CADE IRS: Individual Master File [FR Doc. 03–18232 Filed 7–17–03; 8:45 am] Dated: July 10, 2003. (IMF), Treasury/IRS 24.030, containing BILLING CODE 8320–01–P

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Corrections Federal Register Vol. 68, No. 138

Friday, July 18, 2003

This section of the FEDERAL REGISTER ‘‘4. Isleta Elementary School’’. DEPARTMENT OF THE TREASURY contains editorial corrections of previously published Presidential, Rule, Proposed Rule, [FR Doc. C3–17343 Filed 7–17–03; 8:45 am] 48 CFR Chapter 10 and Notice documents. These corrections are BILLING CODE 1505–01–D prepared by the Office of the Federal RIN 1505–AA89 Register. Agency prepared corrections are issued as signed documents and appear in NATIONAL SCIENCE FOUNDATION Department of the Treasury the appropriate document categories Acquisition Regulation elsewhere in the issue. Sunshine Act Meetings Correction Correction In rule document 03–16918 beginning DEPARTMENT OF THE INTERIOR In notice document 03–17695 on page 39854 in the issue of Thursday, July 3, 2003 make the following appearing on page 41404 in the issue of Bureau of Indian Affairs corrections: Friday, July 11, 2003, make the Education Facilities Replacement following correction: PART 1005 [Corrected] Construction Priority List as of FY On page 41404, second column, under 1. On page 39856, in the second 2003 the paragraph titled AGENCY HOLDING column, in the table of contents, MEETING:, insert ‘‘DATE AND TIME: July 16, ‘‘1005.202 Definitions.’’ should read Correction 2003: 3 p.m.–4 p.m., Open Session.’’ ‘‘1005.202 Exceptions.’’. In notice document 03–17343 [FR Doc. C3–17695 Filed 7–17–03; 8:45 am] §1005.202 [Corrected] beginning on page 40996 in the issue of Wednesday, July 9, 2003, make the BILLING CODE 1505–01–D 2. On the same page, in the same following correction: column, under Subpart 1005.2— Synopses of Proposed Contract Actions, On page 40997, in the third column, the section heading should read as set under the heading Education Facilities forth above. Replacement Construction Priority List as of FY 2003, add the following entry [FR Doc. C3–16918 Filed 7–17–03; 8:45 am] in numerical order: BILLING CODE 1505–01–D

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Part II

Department of Labor Department of Housing and Urban Development Ending Chronic Homelessness Through Employment and Housing; Notice

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DEPARTMENT OF LABOR approaches to providing housing and provide funding for three (3) or five (5) economic self-sufficiency for this years, determined by the application DEPARTMENT OF HOUSING AND population. filed. The Supportive Housing Program URBAN DEVELOPMENT A person who is ‘‘chronically (SHP) carries a term of three (3) years, [SGA 03–15] homeless’’ is an unaccompanied and the Shelter Plus Care Program (S+C) homeless individual with a disabling is a five-year (5) term. The HUD Ending Chronic Homelessness condition who has either been permanent housing grants may only be Through Employment and Housing continuously homeless for a year or used to provide new permanent housing more, OR has had at least four (4) resources for those persons who are A WorkFORCE (Working for Freedom, episodes of homelessness in the past chronically homeless and have Opportunity and Real Choice through three (3) years. In order to be considered expressed interest in pursuing Community Employment) action chronically homeless, a person must employment outcomes. cooperative agreement sponsored by the have been sleeping in a place not meant The DOL Cooperative Agreement Office of Disability Employment Policy, for human habitation (e.g., living on the anticipates substantial involvement the Employment and Training streets) and/or in an emergency between ODEP and the awardees during Administration, and the Veterans homeless shelter. A disabling condition the performance of the project to share Employment and Training Service of the is defined as a diagnosable substance expertise in the implementation of a U.S. Department of Labor (DOL), in use disorder, serious mental illness, customized employment model. combination with a permanent housing developmental disability, or chronic Involvement will include collaboration grant sponsored by the Office of Special physical illness or disability including or participation by ODEP in the Needs, U.S. Department of Housing and the co-occurrence of two or more of management of the project throughout Urban Development (HUD). these conditions. A disabling condition the period of the award. The ODEP will AGENCIES: Office of Disability limits an individual’s ability to work or be involved in decisions involving Employment Policy, U.S. Department of perform one or more activities of daily strategic planning (including the plan to Labor; and Office of Special Needs, U.S. living. provide customized employment Department of Housing and Urban Applicants for this program must, strategies), allocation of resources, Development. through a partnership evidenced with release of public information materials, ACTION: Notice of availability of funds; an executed Memorandum of and analysis and implementation of solicitation for both cooperative Agreement (MOA), apply for both the evaluation findings. agreement and grant applications. (SGA DOL Cooperative Agreement and the The applications will be evaluated by 03–15) HUD permanent housing grant award. DOL and HUD using the criteria set Funding will be awarded, as this forth in Part VII, in conjunction with This notice contains all of the funding effort is meant to be a necessary information and forms needed considerations by the Grant Officer collaborative project combining a delineated in Part IX of this Solicitation to apply for both the DOL Cooperative customized employment initiative with Agreement funding and the HUD for Cooperative Agreement Application. permanent housing services. The goal of DOL Cooperative Agreements will be permanent housing grants, in these awards is to enable persons who combination. (SGA 03–15) matched by the HUD grants offered in are ‘‘chronically homeless’’ to achieve this Solicitation, pursuant to the criteria SUMMARY: The U.S. Department of Labor employment, permanent housing, and (DOL), Office of Disability Employment set forth in Part VII as well as the self-sufficiency. These agreements will requirements outlined in the HUD Policy (ODEP), in cooperation with the begin or expand the delivery and Application package. Employment and Training implementation of ‘‘customized Administration (ETA) and the Veterans employment’’ strategies for people who ELIGIBILITY: Eligible applicants for the Employment and Training Service are ‘‘chronically homeless’’ so that they DOL Cooperative Agreements are Local (VETS), announces the availability of may live, work, and fully participate in Workforce Investment Boards (Local $2.5 million to award up to 4 their communities. (See part VII, Boards) or, if appropriate, the WIA Cooperative Agreements: Ending Section 1 for Glossary of Applicable Cooperative Agreement recipient or Chronic Homelessness through Terms.) fiscal agent for the local area on behalf Employment and Housing Cooperative The purpose of the DOL Cooperative of the local board under the Workforce Agreements, ranging from Agreements and the HUD grants is to Investment Act, that meet the following approximately $500,000 to $625,000, bring together the respective expertise requirements: 1. Submit documentation per award, designed to increase and and capabilities of both the local that their locality includes at least 150 improve employment opportunities for workforce development system (One- persons who are currently chronically persons who are chronically homeless. Stop Career Centers and their partners) homeless, as defined herein; and, 2. In partnership with this DOL award, and the local permanent housing service Demonstrate that they have HUD announces the availability of $10 organizations, to develop and document partnership(s) with: (i) The applicant for million for permanent housing grants the increased employment outcomes the HUD grant, and (ii) other public and from recaptured McKinney Act monies. anticipated when these organizations private entities, especially homeless These funds will be used to supplement combine their efforts to respond to the serving organizations, consistent with each DOL Cooperative Agreement effort employment and housing needs of the proposed activities of the with a HUD grant award, ranging from persons who are chronically homeless. Cooperative Agreement. approximately $2–3 million per award, The DOL Cooperative Agreements will Eligible applicants for the HUD grant to support permanent housing for be funded for a one-year period and may within this initiative are described in individuals who are ‘‘chronically be renewed for a period up to four the HUD Eligible Applicants and homeless’’ served through the DOL additional years, at varying funding Activities Chart. See Part VII, Section Cooperative Agreement. This inter- levels (see Section IV) depending upon III, Part A. agency effort supports the President’s the availability of funds and the efficacy DATES: Applications will be accepted goal of ending chronic homelessness in of the project activities. The HUD grants commencing July 18, 2003. The closing ten years by creating innovative (McKinney-Vento Act funds) will date for receipt of the joint applications

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by DOL under this announcement is this conference call must register by Part II. Authorities August 20, 2003. Applications must be contacting ODEP at (202) 693–7880, no DOL Cooperative Agreements: received by 4:45 p.m. (ET) at the address later than 4:45 p.m. (ET) on Friday, July Consolidated Appropriations below. No exceptions to the mailing and 25, 2003. Please ask to register for the Resolution, 2003, Pub. L. 108–7, 117 hand-delivery conditions set forth in Ending Chronic Homelessness SGA Stat. 11 (2003); Consolidated this notice will be granted. Applications Conference Call. Registrations should be Appropriations Act, 2001, Pub. L. 106– that do not meet the conditions set forth made as soon as possible. At the time of 554, 114 Stat. 2763 (2000); 29 U.S.C. in this notice will be considered non- registration, call-in information will be 557b. responsive. provided. HUD Grants: McKinney-Vento ADDRESSES: Joint applications shall be SUPPLEMENTARY INFORMATION: Homeless Assistance Act, 42 U.S.C. mailed to: U.S. Department of Labor, Part I. Delivery of Applications 1130. Procurement Services Center, Attention: The Supportive Housing Program is Cassandra Willis, Reference SGA 03–15, Late Applications. Any application authorized by Title IV, Subtitle C, of the Room N–5416, 200 Constitution received after the exact date and time Stewart B. McKinney-Vento Homeless Avenue, NW, Washington, DC 20210. specified for receipt at the office Assistance Act (McKinney-Vento Act), Telefascimile (FAX) applications will designated in this notice will be 42 U.S.C. 11381. Funds made available not be accepted. Applicants are advised considered non-responsive, unless it is under this section of the SGA that mail in the Washington area may be received before awards are made and it: (Solicitation for Grant Applications) for delayed due to mail decontamination (a) Is determined that its late receipt was the Supportive Housing Program are procedures and may wish to take this caused by DOL error after timely subject to the program regulations at 24 information into consideration when delivery to the Department of Labor; (b) CFR part 583. The funds are also subject preparing to meet the application was sent by U.S. Postal Service to the requirements of this SGA. deadline. registered or certified mail not later than The Shelter Plus Care program is the fifth calendar day before the date authorized by Title IV, Subtitle F, of the FOR FURTHER INFORMATION CONTACT: For specified for receipt of applications McKinney-Vento Act, 42 U.S.C. 11403. information on the DOL Cooperative (e.g., an application submitted in Agreement and related items contact Funds made available under this section response to a solicitation requiring of the SGA for the Shelter Plus Care Cassandra Willis, U.S. Department of receipt of applications by the 20th of the Labor, Procurement Services Center, program are subject to the program month must have been post marked by regulations at 24 CFR part 582. The telephone (202) 693–4570 (this is not a the 15th of that month); or (c) was sent toll-free number), prior to the closing funds are also subject to the by the U.S. Postal Service Express Mail requirements of this SGA. deadline. For technical questions Next Day Service to addressee not later relating to the HUD grant contact: John than 5 p.m. at the place of mailing two Part III. Background Garrity, U.S. Department of Housing and working days prior to the date specified The Olmstead Decision Urban Development, telephone (202) for receipt of applications. The term 708–4300. Persons who are deaf or hard ‘‘working days’’ excludes weekends and In Olmstead v. L.C. ex rel. Zimring, of hearing may contact either Cassandra Federal holidays. ‘‘Post marked’’ means 527 U.S. 58 (1999) (the ‘‘Olmstead Willis or John Garrity, via the Federal a printed, stamped, or otherwise placed decision’’), the Supreme Court Relay Service, (800) 877–8339. Please impression (exclusive of a postage meter construed Title II of the Americans with note that registrations for the machine impression) that is readily Disabilities Act (ADA) to require states Solicitation Information Conference Call identifiable, without further action, as to place qualified individuals with discussed below must be made by having been supplied or affixed on the mental disabilities in community contacting ODEP as indicated in the date of mailing by an employee of the settings, rather than in institutions following section, not Ms. Willis or Mr. U.S. Postal Service. whenever treatment professionals Garrity. Applications, announcements, Withdrawal of Applications. determine that such placement is or forms will not be mailed. The Federal Applications may be withdrawn by appropriate, the affected persons do not Register may be obtained from your written notice or telegram (including oppose such placement, and the state nearest government office or library. mailgram) received at any time before can reasonably accommodate the This announcement and the award an award is made. Applications may be placement, taking into account the notifications will also be published on withdrawn in person by the applicant or resources available to the state and the the Internet on the ODEP’s online Home by an authorized representative thereof, needs of others with disabilities. The Page at: http://www.dol.gov/odep. if the representative’s identity is made Department of Justice regulations Information will also be posted on the known and the representative signs a implementing Title II of the ADA HUD Web site at http://www.hud.gov/ receipt of the proposal. require public entities to administer offices/adm/grants/fundsavail.cfm and Hand-Delivered Proposals. It is their services, programs, and activities on www.fedgrants.gov. preferred that applications be mailed at in the most integrated setting Solicitation Information Conference least five days prior to the closing date. appropriate to the needs of qualified Call: A Solicitation Information To be considered for funding, hand- individuals with disabilities. See 28 Conference Call will be held at 2:00 delivered applications must be received CFR 35.130(d). p.m. (ET), Monday, July 28, 2003. The by 4:45 p.m. (ET) on August 18, 2003, In Olmstead, the Supreme Court purpose of this conference call is to at the specified address. Failure to stated that institutional placements of provide interested parties an overview adhere to the above instructions will be people with disabilities who can live in, of this Cooperative Agreement program basis for a determination of non- and benefit from, community settings and an opportunity to ask questions responsiveness. Overnight express mail perpetuates the unwarranted concerning this solicitation. A transcript from carriers other than the U.S. Postal assumptions that persons so isolated are of the conference will be made available Service will be considered hand- incapable or unworthy of participating on the ODEP Web site, www.dol.gov/ delivered applications and must be in community life. The Supreme Court odep shortly following the conference. received by the above specified date and stated that ‘‘recognition that unjustified Individuals who wish to participate in time. institutional isolation of persons with

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disabilities is a form of discrimination philosophy of ‘‘customizing strategies have emerged through reflects two evident judgments. First, employment’’ services, with enhanced decades of research and demonstration institutional placement of persons who coordination of these customized projects, and through other public and can handle, and benefit from, services with multiple community and private activities promoting increased community settings perpetuates state partners, especially One-Stop choice and self-determination for people unwarranted assumptions that persons Career Centers. Documenting and with disabilities. These include so isolated are incapable or unworthy of supporting these demonstration grants multiple ‘‘customized’’ employment participating in community life. Second, with technical assistance on approaches such as supported confinement in an institution severely ‘‘customized employment’’ strategies employment and supported diminishes the everyday life activities of has been the responsibility of ODEP’s entrepreneurship; individualized job individuals, including family relations, National Center for Workforce development; job carving and social contacts, work options, economic Development for Adults with restructuring; use of personal agents independence, educational Disabilities (with access online at (including individuals with disabilities advancement, and cultural enrichment.’’ www.onestops.info and by telephone and family members); development of Olmstead, 527 U.S. at 600–01 (emphasis through the toll-free number 1–888– micro-boards, micro-enterprises, added)(citations omitted). This decision 886–9898). cooperatives, and small businesses; and affects not only all persons in As a result of these and other the use of personal budgets and other institutions and segregated settings, but customized employment efforts, forms of individualized funding that also people with disabilities who are at- improved employment outcomes for provide choice and control to the person risk of institutionalization, including persons with disabilities are being and promote self-determination. people with disabilities on waiting lists realized. These promising results offer ETA has supported demonstration to receive community-based services the possibility of increased employment efforts under the Job Training for the and supports. outcomes for all organizations serving Homeless Demonstration Program, On June 18, 2001, President George the employment needs of persons who authorized under Section 731 of the W. Bush issued Executive Order 13217- are chronically homeless. In view of this Stewart B. McKinney Homeless Community-Based Alternatives for potential, DOL is soliciting Cooperative Assistance Act of 1987. The effort Individuals with Disabilities (the Agreement applications from eligible focused on a wide spectrum of housing Olmstead Executive Order), in which he organizations to demonstrate the options and supportive services that are extended application of the Supreme expanded potential of ‘‘customized needed by homeless individuals to be Court’s Olmstead decision to all employment’’ strategies for persons who successful in completing training and Americans with disabilities, and called are chronically homeless. securing and retaining employment. upon selected federal agencies, It is worth noting that the term Evaluations of these efforts revealed including the U.S. Department of Labor, ‘‘customized employment’’ as a successful strategies on how those to help support governors in their philosophy espoused in this SGA, along services can be provided directly by implementation of the Olmstead with its associated strategies (see employment and training agencies or decision. definition for ‘‘customized arranged through linkages with public In March 2002, the U.S. Secretary of employment’’ in Section VII), is not or private service providers. Most Health and Human Services, Tommy G. without precedent for groups serving importantly, that effort revealed that Thompson, submitted a report to the employment needs of persons who neither housing nor employment President Bush, titled Delivering on the are chronically homeless. The principle services alone would help the homeless Promise, on behalf of the Departments of ‘‘individualizing’’ or ‘‘customizing’’ become self-sufficient; the two in of Labor (DOL), Justice (DOJ), Education employment services, based upon the combination are essential for their full (ED), Health and Human Services person’s individual needs, interest, and reintegration back into the community. (HHS), Housing and Urban abilities is central to individual ETA also administers Work Incentive Development (HUD), Transportation development planning approaches, Grants designed to provide seed monies (DOT), Veterans Affairs (VA), the Social which have long been recognized as to support the development of the One- Security Administration (SSA), and the necessary and advantageous when Stop Career Center infrastructure with Office of Personnel Management (OPM). responding to the employment needs of an objective of achieving model, This report detailed actions being persons who are chronically homeless. seamless and comprehensive services planned by the aforementioned agencies An added advantage of the ‘‘customized for people with disabilities. These to eliminate barriers and promote employment’’ approach, as defined in grants incorporate multi-program and community integration. See http:// this SGA, is to increase the number and cross-agency coordination at the state www.hhs.gov/newfreedom/final. In this variety of employment strategies and and local level and provide for report, the DOL and other federal options made available through the increasing staff capacity to ensure agencies noted that successful planning workforce development system in access to multiple services and supports and implementation efforts regarding cooperation with organizations serving needed for successful entry or reentry the Olmstead decision must include homeless people. In addition, these into the workforce. competitive employment and service strategies are also customized for VETS has supported various homeless employment-related supports. the employer. This SGA attempts to veterans grant programs and initiatives. bring the workforce development The Homeless Veterans’ Reintegration ODEP Actions to Date system and organizations serving Program (HVRP) was the first For the past two years (federal Fiscal persons who are chronically homeless nationwide Federal program that Years 2001 and 2002) ODEP has funded into a closer alignment with effective focused on placing homeless veterans two types of employment demonstration disability-related employment methods into jobs. Historically, VETS has held grants (‘‘Customized Employment’’ and and expertise. annual grant competitions for urban and ‘‘WorkFORCE Action’’) for persons with Many strategies exist for creating and non-urban grants. These grants have significant disabilities. The expanding competitive employment provided valuable information on distinguishing characteristic of these opportunities for persons who are approaches that work in the different grants has been the application of a chronically homeless. Many effective environments. The HVRP program is

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designed to be flexible in addressing the heart of this system, are in a position to approximately $500,000 to $625,000 per universal as well as local or regional expand employment opportunities for year, totaling $2.5 million, to develop problems barring homeless veterans persons who are disabled and demonstration programs to increase and from the workforce. VETS, in a joint chronically homeless, by helping to improve employment opportunities for effort with ODEP and ETA, will ensure that the workforce system is people who are chronically homeless. In continue to seek applicants that have accessible both physically and conjunction with the DOL Cooperative established links with federal, state and programmatically. To accomplish this, Agreements, HUD grants, totaling $10 local resources for assisting homeless however, additional state and local million, will be issued to the top-scoring veterans, and applicants that provide organizations must be involved, applications (as described in Part VII personalized or customized services in including community-based providers and the HUD grant application section) their approach for employment and of customized employment services. to support new permanent housing retention of persons who are homeless Additional partners necessary to the units for chronically homeless persons. or at-risk of homelessness. success of this endeavor for persons The goal of these DOL Cooperative HUD has homeless assistance who are chronically homeless may Agreements is to enable people who are programs designed to provide include, but are not limited to, the chronically homeless to achieve permanent housing, including the organizations listed in Part VII, Section employment, permanent housing, and Supportive Housing Program (SHP) and 2. self-sufficiency. These demonstration the Shelter Plus Care Program. These In response to these considerations, programs will begin or expand the programs can be used to help persons and in view of the potential resources delivery and implementation of who are chronically homeless transition described above, both DOL and HUD ‘‘customized employment’’ strategies for from homelessness to living as offer these Ending Chronic people who are chronically homeless so independently as possible. Homelessness through Employment and that they may live, work, and fully This SGA provides an opportunity for Housing—WorkFORCE (Working for participate in their communities. both HUD and DOL to combine their Freedom, Opportunity and Real Choice Each DOL Cooperative Agreement respective resources and expertise in a through Community Employment) award will be for one year, with four combined approach to provide Action Cooperative Agreements to additional option years possible, employment and housing services to develop and/or expand the capacity of depending upon the availability of people who are chronically homeless so the workforce development system to funds and the efficacy of Cooperative that they can live independently as self- provide individually determined Agreement activities, established by sufficient members of their community. ‘‘customized employment’’ strategies, in independent reviews conducted by the This Ending Chronic Homelessness partnership with housing organizations ODEP or its designees. It is envisioned through Employment and Housing SGA serving people who are chronically that if DOL funding continues for the supports the President’s New Freedom homeless. full five years, its funding for years four Initiative. The New Freedom Initiative The ODEP and its partners strongly and five will be at successively lower is designed to increase the number of recognize the need for technical rates, with funding during year four at people with disabilities who enter, re- assistance to provide support, training, 80 percent of the third year funds, and enter, and/or remain in the workforce. dissemination, information on effective funding during year five at 60 percent By emphasizing the need to increase the practices, etc. to the grantees under the of the third year funds. This decreased capacity of federally-supported Ending Chronic Homelessness through funding strategy is designed to employment and training programs to Employment and Housing initiative. encourage program sustainability in the serve persons who are chronically This demonstration Cooperative community, beyond the federally homeless, this SGA will further the New Agreement and grant initiative needs funded Cooperative Agreement period. Freedom Initiative’s goals of increased technical assistance and cross-expertise Awardees are expected to use this integration of Americans with to bring together the workforce Cooperative Agreement to leverage and disabilities into the workforce. development system with the homeless develop other public and private Recently, the Federal Government’s serving community to provide resources to ensure long-term Interagency Council on Homelessness employment and permanent housing for sustainability. This funding strategy (http://www.ich.gov) has begun an persons who are chronically homeless. applies only to DOL funds. The DOL expanded effort to end chronic Accordingly, a National technical funds (the customized employment homelessness. This SGA supports this assistance effort on Ending Chronic funds) may be used in a flexible manner initiative by increasing the involvement Homelessness through Employment and so long as the requirements delineated of the workforce development system in Housing is planned, to: 1. Provide in this Cooperative Agreement are met. partnership with key disability and awardees with ongoing support and Approximately four (4) grant awards homeless serving organizations to meet technical assistance; 2. Compile and will be made by HUD for terms of three the customized employment needs of disseminate to other interested parties (3) or five (5) years, depending on the persons who are chronically homeless. what is learned through these program being used (see Program In addition, the DOL Cooperative Cooperative Agreements to other descriptions below). At the end of these Agreements will support interested parties; and, 3. Inform the terms, eligible projects seeking renewal implementation of coordinated policy development process of the can apply through their local workforce development envisioned Administration regarding the Continuum of Care to replace the loss of under the WIA. The WIA established advantages of combining the non-renewable funding from HUD comprehensive reform of existing provisioning of employment and through this process and, if selected, federal job training programs, permanent housing services for persons can be funded for additional years. consolidating multiple programs into a who are chronically homeless. The HUD grants (the housing funds) unified system and bringing multiple must only be used to secure new federal programs together as required Part IV. Funding Availability and permanent housing units for those partners in the One-Stop delivery Period of Performance persons who are chronically homeless system established under the WIA. The The DOL anticipates awarding up to served through the DOL Cooperative One-Stop Centers, which comprise the 4 Cooperative Agreements, ranging from Agreement and who indicate a

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willingness to accept the employment projects provide long-term housing and Part V. Eligible Applicants and supports designed under the customized supportive services (provided with Required Partnerships employment portion of this award. other non-SHP funds) that are designed DOL Eligible Applicants: For the DOL While their participation in the to enable chronically homeless persons Cooperative Agreement awards, eligible customized employment portion of this with disabilities to live as applicants are Local Workforce award is not a mandatory outcome for independently as possible. Permanent Investment Boards (Local Boards), or, if all, it should be an established intention housing can be provided at one site or appropriate, the WIA grant recipient or for all who receive permanent housing in scattered sites. Further, Permanent fiscal agent for the local area on behalf supports under these funds. Proposals Housing may be tenant-based, meaning of the Local Board under the Workforce will be judged on plans to establish this that the tenant can choose the housing. Investment Act. Eligible applicants must interest and participation, including This approach focuses on identification be able to document that their locality expected employment results. and engagement through assertive has at least 150 persons who are Each permanent supportive housing outreach to individuals, immediate chronically homeless. In order to be project must be classified under one of placement in permanent housing, and determined eligible, the Local Board the program components described availability of appropriate supportive must enter into partnerships with below. Eligible activities under this SGA services. for the HUD permanent housing grants organizations serving people who are are limited to rental assistance, 2. Safe Havens (that have the chronically homeless, consistent with acquisition, minor rehabilitation (e.g. characteristics of a Permanent Housing the proposed activities of this reconfiguring a doorway for handicap Project, i.e., have a lease agreement with Cooperative Agreement. To be accessibility), leasing, operating costs, the client). Safe Havens are projects determined eligible, applicants may not and administrative costs. Minor targeted to hard-to-reach homeless utilize certificates authorized under rehabilitation costs may not exceed persons who have severe mental illness Section 14(c) of the Fair Labor $3,000 per unit. The employment- and are on the streets. The goal of a Safe Standards Act in their implementation related resources being made available Haven is to serve as a small, highly of project activities and must utilize only individually determined by DOL and resources from other supportive environment where an customized employment strategies in sources can be used to provide individual can feel at ease, out of securing employment for the target supportive services. Applicants may danger, and subject to limited service population. also request up to 5% of each demands. Tenants can move directly Supportive Housing Program project HUD Eligible Applicants: Eligible into housing with few explicit services applicants for the HUD grant within this award for administrative costs, such as required. It is hoped that after a period accounting for the use of the grant initiative are described in the HUD of stabilization in a Safe Haven, Eligible Applicants and Activities Chart. funds, preparing HUD reports, obtaining residents will be more willing to audits, and other costs associated with See Part VII, Section III, Part A. participate in services and referrals and Applicants must be a part of their local administering the grant. New will eventually be ready to move to construction and major rehabilitation Continuum of Care and must certify to more traditional forms of housing. Safe this relationship. Eligible applicants are not eligible for funding. (See the Havens may serve as an entry point to HUD Eligible Applicants Chart for must be able to document that their the service system and provide access to further details on eligible activities.) locality has at least 150 persons who are HUD applicants must match housing basic services such as good food, chronically homeless. In order to be funds provided for acquisition and clothing, bathing facilities, telephones, determined eligible, the HUD eligible minor rehabilitation with an equal storage space, and a mailing address. applicant must enter into a partnership amount of funds from other sources. For The specific criteria that must be with their Local Workforce Investment operating costs, housing funds can pay exhibited by a Safe Haven are: Board, as described above, who is for no more than 75% of the total • A lease agreement with the client, making an application for the DOL Cooperative Agreement being offered operating budget and applicants must • No limit on length of stay, within this Solicitation. provide the remaining 25% of the • operating costs. For S+C, applicants Provision of 24-hour residence, DOL and HUD Required Partnerships: must match rental assistance provided • Provision of private or semiprivate The purpose of the Ending Chronically through this initiative on a dollar for accommodations, Homelessness through Employment and Housing Cooperative Agreements is to dollar basis with supportive services. • Overnight occupancy limited to 25 demonstrate the employment potential Applicants for HUD assistance can persons. choose to request funds for either the of persons who are chronically Supportive Housing Program or the Shelter Plus Care Program homeless through techniques designed Shelter Plus Care Program. The to accomplish community employment Supportive Housing Program has two The Shelter Plus Care Program (either in non-stereotypical integrated settings, eligible components from which to tenant-, sponsor-, or project-based utilizing ‘‘customized employment’’ choose for this competition: Permanent without rehabilitation) gives applicants strategies. These efforts must include Housing for Persons with Disabilities flexibility in devising appropriate the involvement of many key partners, and Safe Havens. These two Supportive housing and supportive services for especially those providing housing Housing Program components, homeless persons with disabilities services to persons who are chronically Permanent Housing for Persons with through rental assistance. Assisted units homeless as well as those providing or Disabilities and Safe Havens, as well as may be of any type, from group homes capable of providing customized the Shelter Plus Care Program are to apartments. Participants in S+C units employment services to persons with described below: receive supportive services and rental disabilities. Applicants must assistance provided through the S+C demonstrate that subcontractors will Supportive Housing Program program must be matched in the provide the necessary supportive 1. Permanent Housing for Persons aggregate on a dollar for dollar basis by services to address the needs of the with Disabilities. Permanent Housing the recipient with supportive services. chronically homeless including

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coordinating and integrating the project sides) on 8 1⁄2 × 11 papers, and be SF–424, the Catalog of Federal Domestic with other mainstream health and social presented on single-sided, and Assistance (CFDA) number for the services for which homeless numbered pages. A font size of at least program is 17.720. populations may be eligible. twelve (12) pitch is required throughout. The DOL Budget Narrative and In order to ensure a coordination of Applications that fail to meet these Justification must describe all costs effort between these two awards, requirements will be considered non- associated with implementing the proposals shall demonstrate that a responsive. project that are to be covered with strong partnership commitment has DOL Cooperative Agreement Cooperative Agreement funds. been made between the two respective Requirements: Awardees must support the travel and eligible applicants (for the DOL The three required sections of the associated costs of sending at least one Cooperative Agreement award and for application are: representative to the annual ODEP the HUD permanent housing grant). Section I—Project Financial Plan Policy Conference for its grantees, to be While these two awards (DOL Section II—Executive Summary— held in Washington, DC at a time and Cooperative Agreement and HUD grant), Project Synopsis place to be determined. Awardees must are from separate funding sources, their Section III—Project Narrative (including comply with the ‘‘Uniform potential can only be realized through Attachments, not to exceed fifty (50) Administrative Requirements for Grants this coordination of effort. Failure to pages) and Cooperative Agreements to State clearly document, through a Mandatory requirements for each and Local Governments,’’ (also known Memorandum of Agreement, this section are provided as follows in this as the ‘‘Common Rule or OMB Circular coordination of effort will yield a application package. Applications that A–102’’) codified at 29 CFR part 97, or proposal ‘‘non-responsive’’ and fail to meet the stated mandatory ‘‘Grants and Agreements with disqualified from any further requirements of each section will be Institutions of Higher Education, consideration. considered non-responsive. Hospitals, and Other Non-Profit In addition, the DOL Cooperative Organizations’’ (also known as the Agreement applicant must submit a Mandatory Application Requirements ‘‘Common Rule’’ or OMB Circular A– letter signed by their state’s governor, or • Section I. Project Financial Plan 110), codified at 29 CFR part 95 and his or her designee, for overall (Budget)—[The Project Financial Plan must comply with the applicable OMB implementation of the Olmstead will not count against the application cost principles circulars, as identified in decision, that the proposed Cooperative page limits.] Section I of the application 29 CFR 95.27 and 29 CFR 97.22(b). Agreement activities will be regarded as must include the following three In addition, the DOL budget must a demonstration program playing a role required parts: include on a separate page a detailed in the state’s employment (1) Completed‘‘SF 424—Application cost analysis of each line item. implementation effort(s) under the for Federal Assistance.’’ Justification for administrative costs Olmstead decision. Moreover, this letter (See Appendix A of this SGA for must be provided. Approval of a budget should describe how the lessons learned required form) by DOL is not the same as the approval under this Cooperative Agreement will (2) Completed SF 424 A—Budget of actual costs. The individual signing be utilized to benefit other communities Information Form by line item for all the SF 424 on behalf of the applicant throughout the state, and thereby costs required to implement the project must represent and be able to legally provide expanded customized design effectively. bind the responsible financial and community employment options for administrative entity for a Cooperative (See Appendix A of this SGA for other homeless people with disabilities Agreement should that application required forms) who are covered under the Olmstead result in an award. The applicant must decision and Executive Order. (3) DOL Budget Narrative and also include the Assurances and Justification that provides sufficient Certifications Signature Page (Appendix Part VI. Format Requirements for information to support the Cooperative Agreement and Grant A). reasonableness of the costs included in • Application Section II. Executive Summary— the budget in relation to the service Project Synopsis [The Executive General Requirements: All strategy and planned outcomes, Summary is limited to no more than two applications will be submitted to DOL. including continuous improvement single-spaced, single-sided pages on 81⁄2 There are separate application activities. x 11 papers with standard margins requirements for the DOL Cooperative The DOL Cooperative Agreement throughout]. Each application shall Agreement and the HUD grant, however, application must include one SF–424 include a project synopsis that identifies the Executive Summary—Project (Note: the HUD Grant Application must the following: Synopsis and Part VII, Section 2 include its own HUD–424) with the (1) The applicant; (Collaboration Requirements) will original signatures of the legal entity (2) The amount of funds requested provide an opportunity to explain the applying for Cooperative Agreement separately for the DOL portion applicants’ collaborative program funding and two additional copies. (employment program) and the HUD design. Applicants must submit one (1) Applicants shall indicate on the SF–424 portion (permanent housing program); paper copy with an original signature, the organization’s IRS Status, if (3) The planned period of and two (2) additional paper copies of applicable. Under the Lobbying performance for both employment and the signed proposal. To aid with the Disclosure Act of 1995, Section 18 (29 housing portions; review of applications, DOL also U.S.C. 1611), an organization described (4) The list of partners, as appropriate; encourages applicants to submit an in Section 501(c)(4) of the Internal (5) An overview of how the applicant electronic copy of their proposal on disc Revenue Code of 1986 that engages in will identify the population to be served or CD using Microsoft Word. Applicants lobbying activities will not be eligible (including the estimated number and who do not provide an electronic copy for the receipt of federal funds types of persons who are chronically will not be penalized. The Application constituting an award, Cooperative homeless), the conditions such must be double-spaced with standard Agreement, or loan. See 2 U.S.C. 1611; individuals are currently experiencing, one-inch margins (top, bottom, and 26 U.S.C. 501(c)(4). For item 10 of the and methods that will be used to

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promote community customized Part VII. Government Requirements/ disability for SHP and persons with employment and permanent housing, Terms/Statement of Work [Project disabilities for S+C.) including ‘‘customized employment ‘‘ Narrative] • Homeless Persons: include only strategies listed in this SGA; and persons sleeping in a place not meant Glossary of Applicable Terms (6) An overview of the plan for for human habitation (e.g., on the sustainability once federal funding For purposes of this solicitation, the streets) or in an emergency homeless ceases. terms applicable to both the DOL shelter. • Section III. Project Narrative—The Cooperative Agreements and the HUD Rating Criteria DOL Cooperative Agreement Project permanent housing grant awards are as Narrative plus attachments are limited follows: Section I. Collaboration Requirements 1 × to no more than fifty (50), 8 ⁄2 11 • Customized Employment: (30 Points) pages, double-spaced with standard individualizing the employment one-inch margins (top, bottom, and The purpose of the Collaborative relationship between employees and Effort criteria is to determine the level sides), and must be presented on single- employers in ways that meet the needs sided, numbered pages. [Note: The of cooperation between the employment of both. It is based on an individualized services providers and the permanent Financial Plan, the Executive Summary, determination of strengths, needs, and and the Appendices, including required housing providers applying for these interests of the person with a disability funds. The partners in this Cooperative letters of cooperation, Memorandum of and simultaneously employing Understanding, etc., are not included in Agreement should explain how their strategies designed to meet the specific services will be seamlessly coordinated the fifty page limit]. The requirements needs of the employer. It may include for the project narrative are described for the population to be served. The approaches such as supported application must describe the outreach below under Part VII—Statement of employment; supported Work. plan in place to bring the target entrepreneurship; individualized job The ‘‘Collaboration’’ application population into the project and, in turn, development; job carving and proposal (partnering DOL and HUD how the applicants will ensure that they eligible applications), as defined in Part restructuring; use of personal agents receive housing, employment services, VII, Section 2, should be clearly labeled (including individuals with disabilities and other necessary support (e.g., as such and included in the joint and family members); development of transportation, mental health, substance application package (combined DOL micro-boards, micro-enterprises, abuse, health, etc.) services. Applicants Cooperative Agreement and HUD grant cooperatives and small businesses; and should include the following in their applications) submitted to Cassandra use of personal budgets and other forms narrative: Willis, at the location and due date of individualized funding that provide choice and control to the person and A. Statement of Need/Significance of indicated in this Solicitation. The the Project (10 Points) ‘‘Collaboration’’ proposal is subject to promote self-determination. These and the conditions outlined for the DOL other job development or restructuring The purpose of the Statement of Need Cooperative Agreement proposal strategies result in job responsibilities criteria is to establish the overall status (formatting, numbers of copies, etc.), being customized and individually and issues of persons who are and may not exceed fifteen (15) pages. negotiated to fit the needs of individuals chronically homeless in the area to be The required Memorandum of with disabilities. Customized served; the need for the type of project Agreement and possible letters of employment assumes the provision of proposed by the applicant in the area to support do not count against the fifteen- reasonable accommodations and be served; to identify strengths and page limitation for this section. In supports necessary for the individual to deficiencies in community services that addition, no separate budget is perform the functions of a job that is will be addressed by the applicant’s necessary for this section. Both the DOL individually negotiated and developed. proposal; to identify the overall scope of Cooperative Agreement and HUD grant • Eligible Target Population: a person the proposal’s objectives and design; to budgets may be sources for any needed who is ‘‘chronically homeless’’ is an present the applicant’s need for the budget allocations for this part, if unaccompanied homeless individual federal resources; to demonstrate consistent with their respective terms with a disabling condition who has significance of the proposed project; and and conditions. either been continuously homeless for a to demonstrate the current and All text in the application narrative, year or more, OR has had at least four proposed partnerships and collaborative including titles, headings, footnotes, (4) episodes of homelessness in the past efforts to develop or identify effective quotations, and captions, as well as all three (3) years. In order to be considered new strategies, practices, and/or text in charts, tables, figures, and graphs chronically homeless, a person must innovations. The narrative in this must be double-spaced (no more than have been sleeping in a place not meant section should: three lines per vertical inch); and, if for human habitation (e.g., living on the (a) Describe the characteristics of the using a proportional computer font, streets) and/or in an emergency target population to be serviced by this must be in at least a 12-point font, and homeless shelter. A disabling condition initiative. must have an average character density is defined as a diagnosable substance (b) Give a preliminary estimate of the no greater than 18 characters per inch (if use disorder, serious mental illness, number of persons experiencing chronic using a non-proportional font or a developmental disability, or chronic homelessness in the target community typewriter, must not be more than 12 physical illness or disability including and describe the method by which this characters per inch). Applications that the co-occurrence of two or more of estimate was derived. fail to meet these requirements will be these conditions. A disabling condition (c) Describe the employment, considered non-responsive. limits an individual’s ability to work or permanent housing, service, and The HUD grant application perform one or more activities of daily treatment needs of the target population. requirements, including all necessary living. (In order to receive housing forms and directions, are outlined in assistance through the HUD grants, B. Collaborative Effort (10 Points) detail, in Part VII, Section 4, ‘‘HUD program participants must meet the The purpose of the Collaborative Grant Requirements.’’ McKinney-Vento Act definition of Effort criteria is to determine the level

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of cooperation between the employment • Community rehabilitation Section II. DOL Cooperative Agreement services providers and the permanent providers; family members, consumers, Requirements (35 Points) housing providers applying for these employers, and any other key agencies The purpose of the Ending Chronic funds. The partners in this Cooperative or constituencies needed to offer a Homelessness through Employment and Agreement should explain how their comprehensive service delivery model. Housing Cooperative Agreements is to services will be seamlessly coordinated demonstrate the employment potential for the population to be served. The C. Memorandum of Agreement (10 Points) of persons who are chronically narrative in this section should: homeless, utilizing ‘‘customized (a) List the entities participating in Each application package must employment’’ strategies to accomplish this initiative that will provide the contain a Memorandum of Agreement, employment in non-stereotypical employment services and permanent signed by the DOL Cooperative integrated settings. These Cooperative housing. Agreement and HUD grant applicants Agreement funds may not be used to (b) Describe how the employment participating in this initiative. The services will be linked to permanent support sub-minimum wage Memorandum of Agreement must employment. These efforts must include housing so that the target population include the following: will be sustained in that housing. the involvement of many key partners, (c) Identify how the DOL and HUD (a) Parties—Identify by position and including those organizations serving funds are proportionate to each other title lead person binding each people who are chronically homeless. and how the proposed project is cost- organization to this MOA. ODEP will be directly involved in the effective. (b) Term of Agreement—Indicate time awardee’s strategic planning (including (d) Describe the other resources that frame for this agreement and the agreed the plan to provide customized will be leveraged during this initiative, to mechanisms and assurances for employment strategies), allocation of either cash or in-kind contributions, continuing cooperation if option years resources, release of public information including the value of each are funded under the terms of the DOL materials, and analysis and contribution. These leveraging funds Cooperative Agreement. implementation of evaluation findings. Within these various activities, ODEP should address the match requirements (c) Purpose—Describe the agreed will provide the following: 1. Expertise for the HUD funds and any additional upon intent of this cooperative effort. supportive services needed by the related to the implementation of population to be served. (d) Guiding Principles—Describe the customized employment strategies; 2. (e) Describe the outreach plan in place common values and shared goals that Information on disability-specific to bring the target population into the bring together the parties in this MOA. practices and resources, as well as project. (e) Responsibilities—Clearly define information and analysis to inform the Sample agencies that could be each party’s duties in a way which Administration’s policy development; involved as partners in the design and demonstrates how these two efforts will and 3. Technical assistance on the implementation include: complement and support each other. interrelationship among disability • Disabled Veterans’ Outreach (f) Implementation and Evaluation— employment efforts, the workforce Program Specialist and Local Veterans’ Outline the key tasks necessary for development system, and organizations Employment Representatives located at accomplishing the activities outlined in serving the homeless community local employment service offices; this MOA, including agreements to (Continuum of Care). • Programs serving persons who are cooperate with mutual and combined In addition, this program is subject to chronically homeless, including the evaluation efforts. the provisions of the Jobs for Veterans Continuum of Care agency or service Act, Pub. L. 107–288, which provides While the primary partners of this provider in the designated jurisdiction; priority of service to veterans and • Agreement must include the eligible Employment and training agencies; certain of their spouses in all • applicants submitting the linked Department of Veterans Affairs Department of Labor-funded job training proposals for both the DOL customized Homeless Programs; programs. Please note that, to obtain • Chambers of Commerce; employment Cooperative Agreement priority of service, a veteran must meet • State agencies for substance abuse, and the HUD permanent housing grant that program’s eligibility requirements. vocational rehabilitation, education, award, other key partners may be Comprehensive policy guidance on Medicaid, mental retardation, mental identified and included. implementation of the Jobs for Veterans health, public health, and Temporary The MOA will be evaluated on how Assistance for Needy Families (TANF); Act is being developed and will be • clearly it reflects a binding agreement to issued in the near future. Faith-based and community cooperate in attaining the joint goals of organizations; The Project Narrative, or Section III of • the DOL Cooperative Agreement and the the Cooperative Agreement application, State Developmental Disability HUD grant and on the efficacy of the Councils and University Centers for should provide complete information on mechanisms described to accomplish how the applicant will address the Excellence in Developmental that cooperative effort. Disabilities; following DOL priorities for Fiscal Year • Small Business Development Letters of Commitment. Applicants 2003: Centers; may include letters of support if they (1) Increase the availability of skill • Independent Living programs; provide specific commitments. Letters training, employment opportunities, • Post-secondary institutions, benefits of commitment for related support and career advancement for persons counseling, and assistance programs; services may also be included. Such who are chronically homeless; and • Lending and financial institutions, letters can increase an applicant’s score (2) Develop comprehensive One-Stop whose expertise, services, and/or funds for the DOL Section by showing that the Centers, which are welcoming and could contribute to employment commitments in the text of the proposal valued providers of choice by customers services and supports needed to secure are substantiated. Form letters will not who are chronically homeless seeking competitive, customized community be considered. See also Part V for workforce assistance by ensuring employment outcomes for the target additional requirements relating to availability of staff trained on homeless group; cooperation. issues.

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In addition, proposals will be rated supports must be organized in ways that Cooperative Agreement project, based upon the quality of the provide informed choice and promote including the key personnel and the applicant’s response in addressing the self-determination; roles each will play and the four criteria (A–D) described below in (c) Establish employer involvement, responsibilities each will assume. The terms of a comprehensive strategic track and respond to customer service applicant must also identify how it will approach that addresses the various and satisfaction for both persons who ensure that trained staff with adequate considerations noted in this SGA. The are chronically homeless and knowledge of diverse disabilities, criteria below MUST be addressed and employers, and provide services, knowledge of/experience with diverse the applicant’s capabilities or potential including follow-up services, to ensure customized employment strategies, and with regard to each item described. job retention and career development; employment-related experience for the The ODEP, however, does not expect (d) Collaborate with community-based target population will be available to the applicant to fully incorporate, and faith-based and community manage and provide employment- unless otherwise noted, every organizations in their state in order to related services. The staffing plan individual sub-part listed in each expand opportunities for customized should: lettered (A–D) criteria below as part of employment for the target population. (a) Summarize the qualifications, their strategy and proposal design. The This includes facilitating the availability including relevant education, training, ODEP recognizes that the needs and and use of customized employment and experience of both key project requirements of each state and strategies by such organizations as well personnel and project consultants or community may be different, and as facilitating the organizations’ subcontractors, including their therefore, some of the options identified registration as eligible training providers qualifications, relevant training, and may be more relevant than others in a with their local One-Stop Career experience. Attach copies of resumes in particular state. The narrative in this Centers; the Appendices. section should include narrative (e) Educate relevant stakeholders and (b) Describe the experience in serving descriptions for the following six systems personnel about changes persons who are chronically homeless criteria: needed to increase customized and in providing customized community employment outcomes for employment services. A. Project Design and Project persons who are chronically homeless; (c) Describe the extent to which the Management (15 Points) (f) Consider the usefulness of time commitments of the project Under this section, the applicant must increasing the availability of personal director and other key project personnel describe the project design and its agents and job development personnel are appropriate and adequate to meet management plan. The proposed project offering customized services through the objectives of the proposed project. design must address the proposed customer-controlled approaches that design for the Ending Chronic result in customized employment. One C. Evaluation and Continuous Homelessness through Employment and possible area of focus could include Improvement Strategies (10 Points) Housing Cooperative Agreement demonstrating the effectiveness of The proposal must demonstrate how including its response to the paying family members and/or other the goals, objectives, and outcomes to be requirements outlined in Part V (Eligible individuals with disabilities to serve as achieved by the proposed project are Applicants and Required Partnerships) personal agents when selected by the clearly specified and measurable; the of this Solicitation. individual with a disability to assist in extent to which performance feedback In addition, the project design must negotiating and implementing and continuous improvement are address the movement of individuals employment plans and services; integral to the design of the proposed into integrated community employment (g) Incorporate use of funds leveraged project; and the extent to which the opportunities; coordination with the across several systems available to applicant encourages involvement of state’s lead agency implementing the people with disabilities through people with disabilities and their Olmstead decision as well as their personal budgets and other forms of families, experts and organizations, and state’s overall Olmstead plan, describing self-directed accounts. other relevant stakeholders in project how the project will contribute to the Applicants must provide a detailed activities that lead to stronger development of their state’s plan and management plan which identifies the evaluation and continuous implementation strategy related to critical activities, time frames, and improvement strategies. The proposal employment; and integration of responsibilities for effectively will be evaluated on: customized employment strategies with implementing the project, including the (a) The extent to which the design of the state’s employment programs and evaluation process for assuring the proposed project is appropriate to, services, including existing services successful implementation of and will successfully address, the needs available through the One-Stop Centers, Cooperative Agreement objectives. The of the target population and other the state and local Workforce management plan will be evaluated to identified needs and the quality of the Investment Boards, and their partners. determine whether the applicant has applicant’s plans for recruiting and Additional considerations under this developed an adequate management retaining the target population; section are to: plan to effectively carry out the (b) The extent to which the design of (a) Coordinate efforts with existing objectives and scope of the proposed the proposed project provides clear homeless services, veterans project on time and within budget, to understanding of, and experience with, organizations and employment describe the predicted outcomes utilization of customized employment programs for people with disabilities; resulting from activities funded under strategies for increasing employment, (b) Develop customized employment this SGA, and to identify the ‘‘methods choice, and earnings of persons who are opportunities in a variety of occupations of evaluation’’ that will be used by the chronically homeless; and industries based on the strengths, applicant to determine success. (c) The extent to which the proposed needs, and desires of persons who are project will be coordinated, including chronically homeless, including self- B. Staff Capacity (5 Points) demonstrated support from the state employment and entrepreneurship The applicant must describe the governor or designated agency where appropriate. Services and proposed staffing of the DOL implementing the Olmstead decision

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and commitment from key The Supportive Housing Program to apartments. You may design a organizations, employers, and agencies; (SHP) [detailed in Section 4. Part I] program that has participants first living (d) The extent to which the design of promotes the development of supportive in a group setting with intensive the project will facilitate an increase in housing and services that help homeless supportive services, then moving to the number of faith-based and persons transition from homelessness to another setting but retaining the rental community organizations that register as living as independently as possible. assistance during the term of the grant, eligible training providers or as Each project submitted under SHP must as long as they stay within a S+C unit. providers of supplemental and be classified as one of the program The components that may be applied for supportive services with their local components described below. For this are: tenant-based rental assistance, One-Stop Center; application and SGA, only two sponsor-based rental assistance and (e) The extent to which the components of SHP are eligible for project-based rental assistance without management plans for project funding and all SHP projects must be for rehabilitation. For this SGA, all Shelter implementation is likely to achieve the a three (3) year grant term. Plus Care projects will be for a five (5) objectives of the proposed project on (1) Permanent Housing for Persons year grant term. time and within budget; and with Disabilities (PH) is long-term (f) The extent to which the proposed housing for this population. It is A. Match project design features innovative community-based housing and Applicants must match Supportive strategies to implement customized supportive services as described above, Housing Program funds provided for employment and choice. designed to enable homeless persons acquisition and minor rehabilitation with disabilities to live as (new construction, major rehabilitation, D. Documenting and Reporting (5 independently as possible in a and supportive services are not eligible Points) permanent setting. Permanent housing activities under this SGA) with an equal Applicants should outline their can be provided in one structure or amount of funds from other sources. For strategy for documenting and reporting several structures at one site or in operating costs, since by law SHP can the activities undertaken during the life multiple structures at scattered sites. All pay no more than 75 percent of the total of the Cooperative Agreement for PH for Persons with Disabilities projects operating budget for supportive ODEP’s future use in working with other must comply with the program size housing, applicants must provide at grantees and constituencies. In limitations, as described in Section least 25 percent of the total annual evaluating this section ODEP considers 424(c) of the Stewart B. McKinney- operating costs. The cash source may be the following factors to be of particular Vento Homeless Assistance Act, as the applicant, the Federal Government, importance and must be addressed: amended. state and local governments, or private (a) The extent to which the project (2) Safe Haven (SH) projects must resources. In-kind contributions are not will provide information to other meet the following criteria: (1) Have no eligible as a match under SHP. programs about effective strategies limit on length of stay; (2) serve hard- Applicants must match rental suitable for replication or testing in to-reach homeless persons who have assistance provided through the Shelter other settings; severe mental illness, are on the streets, Plus Care Program on a dollar for dollar (b) The extent to which the methods and have been unable or unwilling to basis with supportive services. of documentation and reporting include participate in supportive services; (3) B. Statutory and Regulatory the objective use of performance provide 24-hour residence for an Requirements measures that are clearly related to the unspecified duration; (4) provide intended outcomes of the project and private or semiprivate accommodations; An applicant selected for funding as will produce quantitative and and (5) have overnight occupancy a result of the competition will be qualitative data; and limited to 25 persons. required to coordinate and integrate the (c) The adequacy of mechanisms for For many persons with mental illness homeless project with other mainstream ensuring high-quality products and who have been living on the streets, the health, social services, and employment services from the proposed project. transition to self-sufficiency is best programs for which homeless made in stages, starting with a small, populations may be eligible, including Section III—HUD Grant Application highly supportive environment where Medicaid, State Children’s Health Requirements (35 Points) an individual can feel at ease, out of Insurance Program, Temporary General: This Section contains danger, and subject to no immediate Assistance for Needy Families, Food information on the two programs for service demands. Safe Havens do not Stamps, and services funded through which you can apply. They are the require participation in services and the Mental Health Block Grant and Supportive Housing and the Shelter referrals as a condition of occupancy. Substance Abuse Block Grant, Plus Care programs. The purpose of the Rather, it is hoped that after a period of Workforce Investment Act, Welfare-to- housing section of this SGA and stabilization in a Safe Haven, residents Work grant program, SSI, SSDI, and application is to provide specific will be more willing to participate in Healthcare for Homeless Veterans guidance on accessing financial services and referrals, and will Program. In addition, as a condition for resources for the provision of housing eventually be ready to move to more award, any governmental entity serving for chronically homeless persons when traditional forms of housing. Also, Safe as an applicant must agree to develop proposed as part of homeless assistance Havens must have a lease agreement and implement, to the maximum extent projects in which housing is directly with each client. practicable and where appropriate, linked to needed employment services The Shelter Plus Care (S+C) Program policies and protocols for the discharge funded through other components of [detailed in Section 4. Part II] of persons from publicly funded this application or through other components were created by statute and institutions or systems of care (such as sources. Applicants may request designed to give applicants flexibility in health care facilities, foster care or other funding for only ONE of the following devising appropriate housing and youth facilities, or correction programs three types of projects—Permanent supportive services for homeless and institutions) in order to prevent Housing for Persons with Disabilities, persons with disabilities. Assisted units such discharge from immediately Safe Havens, or Shelter Plus Care. may be of any type from group settings resulting in homelessness for such

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persons. This condition for award is costs associated with the administration applicants will be notified of the intended to emphasize that states and of rental assistance are eligible, but are deadline for submission of such units of general local government are capped at eight (8) percent of the total information. If a conditionally selected primarily responsible for the care of grant award). applicant is unable to meet any these individuals, and to forestall conditions for fund award within the E. Timeliness Standards attempts to use scarce McKinney-Vento specified time frame, those funds may Act funds to assist such persons in lieu As an applicant, you are expected to be withdrawn and instead used to select of state and local resources. initiate your approved projects the next highest ranked application(s) promptly in accordance with the from the competition for which there C. Special Provisions Applicable to This instructions of this announcement. In are sufficient funds available. Notice addition, if you fail to satisfy the (a) Only new SHP and S+C projects, following timeliness standards being G. Required Materials including expansions of HUD-funded established specifically for funding The application provides the existing projects, will be funded. awarded under this collaborative SGA, application materials, including the (b) Any project submitted under this the awarded funding may be withdrawn HUD–424 and certifications that must SGA must be coordinated with the in whole or in part: be used in applying for homeless Continuum of Care plan for its region assistance under this notice. In addition and must submit a certification of 1. Supportive Housing Program to the required narratives, the items that consistency with the applicable (a) Your award may be withdrawn if you must submit as part of the Continuum of Care plan. you do not demonstrate site control application for funding are the (c) Only the following components of within three (3) months of the date of following: the SHP will be funded under this SGA: your grant award letter. (a) HUD–424 Permanent Housing and Safe Havens. (b) Your award may be terminated if (b) Applicant Certification (d) Only tenant-, sponsor-, and the following additional timeliness (c) Consolidated Plan Certification project-based without rehabilitation standards are not met: (d) Certification of Consistency with the components of S+C projects will be • You must complete any minor Continuum of Care funded. rehabilitation activities permitted under (e) Special Projects Certifications- (e) The term of all proposed SHP the terms of your SHP award within Discharge Policy and Mainstream projects must be three (3) years. The nine (9) months of the date of the grant Programs term of all proposed S+C projects must award letter. (f) Disclosure of Lobbying Activities be five (5) years. • You must begin all activities that (only complete this form if applicant (f) New construction and substantial may proceed independent of minor organization engages in lobbying rehabilitation activities will not be rehabilitation activities within six (6) activities) eligible SHP activities under this notice. months of the date of the grant award (g) Applicant /Recipient Disclosure/ Minor rehabilitation activities, such as letter. Update Report those required to remove lead-based H. Certification Requirements paint or conform a unit to ADA 2. Shelter Plus Care Program standards, are eligible. All other Components The application also contains activities eligible under the SHP Your award may be terminated if you certifications that the applicant will program are eligible for purposes of this do not meet the following timeliness comply with fair housing and civil SGA. standard: rights requirements and other federal (g) Applicants are asked to use • For Tenant-Based Rental requirements, and (where applicable) approaches that can rapidly move Assistance, for Sponsor-Based Rental that the proposed activities are chronically homeless persons into Assistance, and for Project-Based consistent with the HUD-approved housing with necessary supportive without Rehabilitation Rental Consolidated Plan of the applicable services. Assistance, you must begin providing state or unit of general local the rental assistance to at least a government, including the Analysis of D. Other Program-Specific Requirements majority of the awarded units within six Impediments to Fair Housing Choice Where an applicant for Supportive (6) months of the date of the grant award and the Action Plan to address these Housing Program funding is a state or letter. impediments. Projects funded under unit of general local government that this SGA will also coordinate with the utilizes one or more nonprofit F. Action on Selected Applications regional Continuum of Care process and organizations to administer the Selected applicants, including those will provide a certification of homeless assistance project(s), conditionally selected, will be notified consistency with the applicable administrative funds provided as part of in writing. As necessary, conditionally Continuum of Care plan, if any. Projects the SHP grant must be passed on to the selected applicants will subsequently be funded under this SGA shall operate in non-profit organization(s) in proportion requested to submit additional project a fashion that does not deprive any to the administrative burden borne by information, which may include individual of any right protected by the them for the SHP project(s). States or documentation to show the project is Fair Housing Act (42 U.S.C. 3601–19), units of general local government that financially feasible; documentation of Section 504 of the Rehabilitation Act of pass on at least 50 percent of the firm commitments for cash match; 1973 (29 U.S.C. 794), the Americans administrative funds made available documentation showing site control; with Disabilities Act of 1990 (42 U.S.C. under the grant will be considered as information necessary for the 12101 et seq.), Title VI of the Civil having met this requirement. (Note: This performance of an environmental Rights Act of 1964 (42 U.S.C. 2000d), requirement does not apply to the S+C review, where applicable; and such Section 109 of the Housing and Program, since paying the costs other documentation as specified in Community Development Act of 1974 associated with the administration of writing to the applicant that confirms or (42 U.S.C. 5301) or the Age these grants is ineligible by regulation. clarifies information provided in the Discrimination Act of 1974 (42 U.S.C. For the S+C program, administrative application. Conditionally selected 6101).

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I. Corrections to Deficient Applications or nonprofit organizations) that are not requirements. Relocation assistance can After the application due date, HUD states or units of general local be expensive. To avoid unnecessary may not, consistent with its regulations government must request the unit of costs, it is important to provide in 24 CFR part 4, subpart B, consider general local government to perform the occupants with timely information any unsolicited information you, the environmental review. This statutory notices, including a general information applicant, may want to provide. HUD provision supersedes those portions of notice to be sent at the time the may contact you to clarify an item in 24 CFR 582.230 and 583.230 that application is submitted to HUD. HUD your application or to correct technical provide for automatic HUD Handbook 1378 contains guide form deficiencies. HUD may not seek environmental review in the case of information notices. The HUD field clarification of items or responses that applications from such entities. With office can provide a copy of the this exception, conditional selection of improve the substantive quality of your handbook and copies of appropriate projects is subject to the environmental response to any rating factors. In order information booklets to be provided to review requirements of 24 CFR 582.230 not to unreasonably exclude occupants. Accordingly, if the site is and 583.230 as applicable. Recipients applications from being rated and occupied, the applicant should contact may not commit or expend any ranked, HUD may contact applicants to the HUD field office in the planning assistance or nonfederal funds on ensure proper completion of the stage to obtain advice, including help in project activities (other than those listed application and will do so on a uniform estimating the cost of required in 24 CFR 58.22(c), 58.34 or 58.35(b)) basis for all applicants. Examples of relocation assistance. until HUD has approved a Request for curable (correctable) technical Release of Funds and environmental M. Compliance With Fair Housing and deficiencies include failure to submit certification from the responsible entity. Civil Rights Laws the proper certifications or failure to The expenditure or commitment of As threshold items in this SGA: submit an application that contains an assistance or nonfederal funds for such (a) All applicants and their sub- original signature by an authorized activities prior to this HUD approval recipients must comply with all Fair official. In each case, HUD will notify may result in the denial of assistance for Housing and Civil Rights laws, statutes, you in writing by describing the the project under consideration. regulations, and Executive Orders as clarification or technical deficiency. enumerated in 24 CFR 5.105(a). K. Local Resident Employment HUD will notify applicants by facsimile (b) If you, the applicant: or by USPS, return receipt requested. To the extent that any housing (i) Have been charged with a systemic Clarifications or corrections of technical assistance funded through this violation of the Fair Housing Act deficiencies in accordance with the collaborative SGA is used for housing alleging ongoing discrimination; information provided by HUD must be rehabilitation (including reduction and (ii) Are a defendant in a Fair Housing submitted within 14 calendar days of abatement of lead-based paint hazards, Act lawsuit filed by the Department of the date of receipt of the HUD but excluding routine maintenance, Justice alleging an on-going pattern or notification. (If the due date falls on a repair, and replacement), it is subject to practice of discrimination; or, Saturday, Sunday, or federal holiday, Section 3 of the Housing and Urban (iii) Have received a letter of non- your correction must be received by Development Act of 1968, and the compliance findings, identifying on- HUD on the next day that is not a implementing regulations at 24 CFR part going or systemic noncompliance, under Saturday, Sunday or federal holiday.) If 135. Section 3, as amended, requires Title VI of the Civil Rights Act, Section the deficiency is not corrected within that economic opportunities generated 504 of the Rehabilitation Act, or section this time period, HUD will reject the by certain financial assistance for 109 of the Housing and Community application as incomplete, and it will housing and community development Development Act, and if the charge, not be considered for funding. programs shall, to the greatest extent lawsuit, or letter of findings has not feasible, be given to low- and very low- J. Environmental Requirements been resolved to HUD’s satisfaction income persons, particularly those who before the application deadline stated in All assistance is subject to the are recipients of government assistance this NOFA, you may not apply for National Environmental Policy Act and for housing, and to businesses that assistance under this NOFA. HUD will applicable related Federal provide economic opportunities for not rate and rank your application. environmental authorities. Section 208 these persons. HUD’s decision regarding whether a of Public Law 106–377 (114 Stat. 1441, L. Relocation charge, lawsuit, or a letter of findings approved October 27, 2000) amended has been satisfactorily resolved will be Section 443 of the Stewart B. McKinney- The SHP and S+C programs are based upon whether appropriate actions Vento Homeless Assistance Act to subject to the requirements of the have been taken to address allegations provide that for purposes of Uniform Relocation Assistance and Real of on-going discrimination in the environmental review, projects shall be Property Acquisition Policies Act of policies or practices involved in the treated as assistance for special projects 1970, as amended (URA). These charge, lawsuit, or letter of findings. that are subject to Section 305(c) of the requirements are explained in HUD Examples of actions that may be taken Multifamily Housing Property Handbook 1378, Tenant Assistance, prior to the application deadline to Disposition Reform Act of 1994, and Relocation and Real Property resolve the charge, lawsuit, or letter of shall be subject to HUD’s regulations Acquisition. Any person or family that findings, include but are not limited to: implementing that section. The effect of moves, even temporarily, as a direct (a) A voluntary compliance agreement this provision is that environmental result of acquisition, rehabilitation, or signed by all parties in response to the reviews for project activities are to be demolition for a project that is assisted letter of findings; completed by responsible entities (states through one of these programs (whether (b) A HUD-approved conciliation or units of general local government) in or not HUD funded the acquisition, agreement signed by all parties; accordance with 24 CFR Part 58, rehabilitation, or demolition) is entitled (c) A consent order or consent decree; whether or not the applicant is itself a to relocation assistance. Displacement or state or a unit of general local that results from leasing a unit in a (d) A judicial ruling or a HUD government. Applicants (such as PHAs structure may also trigger relocation Administrative Law Judge’s decision

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that exonerates the respondent of any Q. Participation in HUD-Sponsored (ii) Assistance provided through allegations of discrimination. Program Evaluation grants or Cooperative Agreements on a discretionary (non-formula, non- N. Conducting Business in Accordance As a condition of the receipt of demand) basis, but that is not provided With Core Values and Ethical Standards financial assistance under this SGA all successful applicants will be required to on the basis of a competition. Entities subject to 24 CFR parts 84 cooperate with all HUD staff or (4) Debriefing. Beginning 30 days after and 85 (most non-profit organizations contractors performing HUD-funded the awards for assistance are publicly and state, local and tribal governments research and evaluation studies. announced and for at least 120 days or government agencies or after awards for assistance are publicly instrumentalities who receive federal R. HUD Reform Act announced, HUD will provide a awards of financial assistance) are (A) Section 102 of the HUD Reform debriefing to any applicant requesting required to develop and maintain a Act, Documentation and Public Access one on their application. All debriefing written code of conduct (see Sec. 84.42 Requirements. Section 102 of the requests must be made in writing or by and 85.36(b)(3)). Consistent with Department of Housing and Urban email by the authorized official whose regulations governing specific programs, Development Reform Act of 1989 (42 signature appears on the HUD–424 or your code of conduct must: prohibit real U.S.C. 3545) (HUD Reform Act) and the his or her successor in office, and and apparent conflicts of interest that regulations codified in 24 CFR part 4, submitted to the person or organization may arise among officers, employees, or subpart A, contain a number of identified as the Contact under the agents; prohibit the solicitation and provisions that are designed to ensure section entitled ‘‘Further Information acceptance of gifts or gratuities by your greater accountability and integrity in and Technical Assistance.’’ Information officers, employees, and agents for their the provision of certain types of provided during a debriefing will personal benefit in excess of minimal assistance administered by HUD. On include, at a minimum, the final score value; and, outline administrative and January 14, 1992, HUD published a you received for each rating factor, final disciplinary actions available to remedy notice that also provides information on evaluator comments for each rating violations of such standards. If awarded the implementation of Section 102 (57 factor, and the final assessment assistance under this SGA, you will be FR 1942). The documentation, public indicating the basis upon which required, prior to entering into an access, and disclosure requirements of assistance was provided or denied. agreement with HUD, to submit a copy Section 102 apply to assistance awarded (B) Section 103 of the HUD Reform of your code of conduct and describe under this SGA as follows: Act. HUD’s regulations implementing the methods you will use to ensure that (1) Documentation, public access, and Section 103 of the Department of all officers, employees, and agents of disclosure requirements. HUD will Housing and Urban Development your organization are aware of your ensure that documentation and other Reform Act of 1989 (42 U.S.C. 3537a), code of conduct. Failure to meet the information regarding each application codified in 24 CFR part 4, subpart B, requirement for a code of conduct will submitted pursuant to this SGA are section 4.26(2)(c) et. seq. and 4.28 apply prohibit you from receiving an award of sufficient to indicate the basis upon to this funding competition. The funds from HUD. which assistance was provided or regulations continue to apply until the announcement of the selection of O. Delinquent Federal Debts denied. This material, including any letters of support, will be made successful applicants. HUD employees Consistent with the purpose and available for public inspection for a five- involved in the review of applications intent of 31 U.S.C. 3720B and 28 U.S.C. year period beginning not less than 30 and in the making of funding decisions 3201(e), no award of federal funds shall days after the award of the assistance. are limited by the regulations from be made to an applicant who has an Material will be made available in providing advance information to any outstanding delinquent federal debt accordance with the Freedom of person (other than an authorized until: (a) The delinquent account is paid Information Act (5 U.S.C. 552) and employee of HUD) concerning funding in full; (b) a negotiated repayment HUD’s implementing regulations (24 decisions or from otherwise giving any schedule is established and at least one CFR part 15). applicant an unfair competitive payment is received; or (c) other (2) HUD Form 2880. HUD will also advantage. Persons who apply for arrangements satisfactory to the make available to the public for five assistance in this competition should Department of Housing and Urban years all applicant disclosure reports confine their inquiries to the subject Development are made prior to the (HUD Form 2880) submitted in areas permitted under 24 CFR part 4. deadline submission date. connection with this SGA. Update Applicants or employees who have ethics related questions should contact P. Pre-Award Accounting System reports (also reported on HUD Form the HUD Ethics Law Division at 202– Surveys 2880) will be made available along with the applicant disclosure reports, but in 708–3815. (This is not a toll-free HUD may arrange for a pre-award no case for a period of less than three number.) HUD employees who have survey of the applicant’s financial years. All reports, both applicant specific program questions should management system in cases where the disclosures and updates, will be made contact the appropriate field office recommended applicant has no prior available in accordance with the counsel or Headquarters counsel for the federal support, the program area has Freedom of Information Act (5 U.S.C. program to which the question pertains. reason to question whether the 552) and HUD’s implementing S. Environmental Impact applicant’s financial management regulations (24 CFR part 5). system meets federal financial (3) Publication of Recipients of HUD A Finding of No Significant Impact management standards, or the applicant Funding. HUD’s regulations at 24 CFR with respect to the environment has is considered a high risk based upon part 4 provide that HUD will publish a been made in accordance with the HUD past performance or financial notice in the Federal Register to notify regulations at 24 CFR part 50 that management findings. HUD will not the public of all decisions made by the implement Section 102(2)(C) of the make an award to any applicant who Department to provide: National Environmental Policy Act of does not have a financial management (i) Assistance subject to Section 102(a) 1969 (42 U.S.C. 4332). The Finding of system that meets federal standards. of the HUD Reform Act; and/or No Significant Impact is available for

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public inspection during regular The programs covered by this Public Non-profit Status. Public business hours in the Office of the application are not for populations who nonprofit status is documented for General Counsel, Regulations Division, are at risk of becoming homeless. community mental health centers by Room 10276, U.S. Department of Private Nonprofit Status (includes including a letter or other document Housing and Urban Development, 451 faith-based and community-based from an authorized official stating that Seventh Street, SW., Washington, DC organizations). Private nonprofit status the organization is a public nonprofit 20410–0500. is documented by submitting either: (a) organization. A copy of the Internal Revenue Service Project Sponsor. The primary T. Glossary of Terms for the HUD (IRS) ruling providing tax-exempt status Application organization responsible for carrying out under Section 501(c)(3) of the IRS Code; the proposed project activities. A project Applicant. An applicant is an entity (b) documentation showing that the sponsor does not submit an HUD 424, that applies to HUD for funds. In order applicant is a certified United Way unless it is also the applicant. to be an applicant, you must submit an agency; or (c) a certification from a HUD 424. If selected for funding, the designated official of the organization HUD 424. The information sheet applicant becomes the grantee and is that no part of the net earnings of the required to be submitted by applicants responsible for the overall management organization inures to the benefit of any requesting Federal Assistance. of the grant, including drawing grant member, founder, contributor, or Section III. HUD Grant Application funds and distributing them to project individual; that the organization has a Requirements sponsors. The applicant may also be a voluntary board; that the organization project sponsor. practices nondiscrimination in the Part A. Supportive Housing Program Applicant Certification. The form, provision of assistance; and that the (SHP) Application required by law, in which an applicant organization has a functioning General Information certifies that it will adhere to certain accounting system that provides for statutory requirements, such as the Civil each of the following (mention each in Eligible and Ineligible Activities and Rights Act of 1964. the certification): Limitations. There are five activities that Consolidated Plan. A long-term (a) Accurate, current and complete can be funded under SHP under this housing and community development disclosure of the financial results of SGA and application for chronic plan developed by State and local each federally sponsored project. homelessness. They are: acquisition, governments and approved by HUD. (b) Records that identify adequately minor rehabilitation, leasing, operating The Consolidated Plan contains the source and application of funds for costs, and administrative costs. Specific information on homeless populations. federally sponsored activities. activities that are not eligible under the The plan also contains both narratives (c) Effective control over and program components include: and maps, the latter developed by accountability for all funds, property (a) Support for permanent housing for localities using software provided by and other assets. non-disabled persons. HUD. (d) Comparison of outlays with budget (b) Rehabilitation of a structure Consolidated Plan Certification. The amounts. owned by a primarily religious form, required by law, in which a state (e) Written procedures to minimize organization, except in accordance with or local official certifies that the the time elapsing between the transfer of the requirements of 24 CFR proposed activities or projects are funds to the recipient from the U.S. 583.150(b)(2). consistent with the jurisdiction’s Treasury and the use of the funds for Consolidated Plan and, if the applicant program purposes. (c) Rehabilitation of a structure prior is a State or unit of local government, (f) Written procedures for determining to an executed grant agreement with that the jurisdiction is following its the reasonableness, allocability and HUD. Acquisition and rehabilitation Consolidated Plan. allowability of costs. that exceeds statutory funding Homeless Person. A person sleeping (g) Accounting records including cost limitations. (See section I of this Section in a place not meant for human accounting records that are supported for the specific limits.) habitation or in an emergency shelter. by source documentation. (d) Homeless prevention activities.

HUD ELIGIBLE APPLICANTS AND ACTIVITIES CHART

Elements Supportive housing Shelter plus care

Authorizing Legislation ...... Subtitle C of Title IV of the McKinney-Vento Home- Subtitle F of Title IV of the McKin- less Assistance Act. ney-Vento Homeless Assistance Act. Implementing Regulations ...... 24 CFR part 583 ...... 24 CFR part 582. Eligible Applicant(s) ...... • States • States • Units of general local government • Units of general local government • Special purpose units of government such as • PHAs Public housing agencies (PHAs) • Private non-profit organizations • CMHCs that are public non-profit organizations Eligible Components ...... • Permanent Housing for Persons with Disabilities • Tenant-based • Safe havens • Sponsor-based • Project-based without Rehabili- tation Eligible Activities 1 ...... • Rehabilitation • Rental assistance • Leasing • Operating Costs Eligible Populations ...... • Chronically Homeless Persons • Chronically Homeless Persons

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HUD ELIGIBLE APPLICANTS AND ACTIVITIES CHART—Continued

Elements Supportive housing Shelter plus care

Term of Assistance ...... 3 years ...... 5 years. 1 Homeless prevention activities are statutorily ineligible under these programs. Persons at risk of homelessness are statutorily ineligible for assistance under these programs.

Section III. HUD Grant Application to be served and the innovative quality (b) Describe the applicant’s/sponsor’s Requirements of the project. past experiences working with other (a) Describe how the TYPE (e.g. community partners on the employment Part A. Supportive Housing Program apartments) and SCALE (e.g. number of and training needs of homeless (SHP) Application units, number of persons per unit) of the individuals. 1. Project Narrative proposed housing will fit the needs of (c) Describe the project applicant’s/ the participants. sponsor’s performance in administering The Project Narrative is a description (b) Describe how the basic housing activities, especially in serving of your proposed project. Please COMMUNITY AMENITIES (e.g. medical the population to be assisted by this respond to the items in this section facilities, grocery store, recreation project. according to the SHP program you facilities, schools, etc.) will readily be propose to carry out, using the accessible to your clients. Timeliness numbering below. (c) Describe how the housing will be Project summary. Please provide the ACCESSIBLE to persons with Up to 11 points will be awarded based following: disabilities in accordance with on the demonstrated ability of the (a) Applicant and sponsor names. applicable laws. applicant and project sponsor to execute (b) Program component. (d) Describe how services and the program in a timely manner. (c) Total SHP request. treatment will be LINKED to permanent (a) Describe the applicant’s and (d) Activities for which you are housing so that the target population project sponsor’s ability to achieve rapid requesting funds. will be sustained in that housing. project start-up based on site control, (e) The type of housing (e.g., (e) For the permanent housing for permitting, minor rehabilitation, and apartments) proposed. persons with disabilities component rehab and occupancy schedules. (f) The population(s) to be served. where more than 16 persons will reside (b) Describe the applicant’s and (c) Chronically homeless population in a structure: Describe what local to be served. Briefly describe the market conditions necessitate the project sponsor’s ability to outreach to following: development of a project of this size and the target population and swiftly bring (a) Their characteristics and need for how the housing will be integrated into them into the program and occupy all housing and supportive services. the neighborhood. units committed in the application. (b) Where they will come from (e.g., Applicant Capacity Section III. HUD Grant Application streets and emergency shelters). Requirements (c) The outreach plan to bring them Up to 12 points will be awarded based into the project. on the experience and performance of Part A. Supportive Housing Program the applicant/sponsor involved in (SHP) Application Project (Housing) Quality carrying out the project. 2. Project Information (please type or Up to 12 points will be awarded based (a) Describe the project applicant’s/ print) on the extent to which your application sponsor’s experience specifically in demonstrates how the housing is providing housing for the chronically [To be completed by applicants appropriate to the needs of the persons homeless. requesting SHP funding.]

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Section III. HUD Grant Application proposed project, and proceed to Chart 1 is for recording the number of Requirements section E.) beds/bedrooms in the project. b No (Skip to section E.) Part A. Supportive Housing Program Chart 2 is for recording the number of (SHP) Application Facilities that you are currently participants to be served. operating and activities you are 3. Program Component/Types currently undertaking to serve homeless Complete Chart 1 and Chart 2 based on the following instructions: Please check the box that best persons may only receive funding for classifies the project for which you are the three purposes listed below. SHP 1. In the first column, please enter the requesting funding. Check only one box. funds cannot be used to fund ongoing requested information for all items at a The components/types are: activities. My project will: point in time (a given night). You b Permanent Housing for Persons b Increase the number of homeless should only fill out this column if you with Disabilities persons served. checked ‘‘Yes’’ in section D. If you b Safe Havens b Bring existing facilities up to a checked ‘‘No’’ in section D enter ‘‘N/A’’ level that meets State and local Section III. HUD Grant Application in this column. government health and safety Requirements 2. In the second column, enter the standards. If this box is checked, new number of beds and persons served Part A. Supportive Housing Program you must describe what standards at a point in time if this project is (SHP) Application the facility is not meeting, and why funded. it does not meet the standards you 4. Existing Facilities and/or Activities 3. In the third column, enter the Serving Homeless Persons (To be described. projected level (columns 1 and 2 added completed for new projects) Section III. HUD Grant Application together) that your project will attain at Requirements Will your proposed project use an a point in time. existing homeless facility or incorporate Part A. Supportive Housing Program 4. In the fourth column, enter the activities that you are currently (SHP) Application providing? number of persons to be served over the grant term. b Yes (Check one or more of the 5. Number of Beds and Participants activities below that describe your This is composed of two charts:

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Section III. HUD Grant Application operations budget. In the first column, time allocated for the position, and Requirements the operating cost activity is given. You fringe benefits. Please ensure that the must enter the quantity (if applicable) total SHP dollars requested match the Part A. Supportive Housing Program for each operating item that will be paid amount you entered in the ‘‘SHP Total (SHP) Application for using SHP funds. Add any other Request’’ column on Line 5, Operations, 6. Operations Budget eligible operating costs not listed on the in your Project Budget in Section I. chart that will be paid for using SHP In the second column, enter the Complete the Chart on the following funding. For staff positions, please page for your new project’s total include the job title, salary, percent of amount of SHP funding requested for

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each eligible operating cost that will be of shared utilities, SHP operating funds SHP funds can be used to pay up to needed in your project. may pay only for the portion of the 75% of the total operations budget for Operating costs are those costs utilities associated with the housing the housing project. This means that the associated with the day-to-day operation project based on the square footage of project sponsor must make a cash of supportive housing. Operating costs the project’s space. If the housing payment for 25% of the project’s support the function and the operation project occupies 25% of the building’s operating budget annually. space, then (up to) 25% of the monthly of the housing project. Examples of SHP Example: eligible operating costs include utilities, utility bill can be paid for using SHP operating funds. maintenance, security and salaries of SHP dollars staff not delivering services, such as the (a) SHP operating funds may not be Operating costs requested project manager or executive director, used to pay for the following costs: (3 years) and indirect operating costs that meet (b) Operating costs of a supportive the standards of OMB Circulars A–87 services only facility; Utilities ...... 32,000 (c) Administrative expenses such as and A–122. Maintenance Engineer (sal- audits and preparing HUD reports; ary, % time, fringe bene- If requesting SHP operating funds, (d) Rent of space for supportive fits) $40,000/annually .20 × only the portion of the costs directly housing and/or supportive services (see .15 fringe benefits × 3 related to the operation of the housing Real Property Leasing); years = $18,400 ...... 27,600 project is eligible. For example, if a (e) The payment of principal and project sponsor’s executive director will interest on a loan for a facility currently Chart: Operating Costs spend 10% of his/her time providing being used as supportive housing and/ management to the housing project, or for the delivery of services; and Identify the day-to-day costs of then (up to) 10% of his/her salary can (f) Depreciation, because it does not operating supportive housing that will be charged as an SHP operating constitute an incurred cost that requires be paid for using SHP funding during expense. As another example, in cases a cash outlay. the term of the project.

SHP dollars Operating costs requested (3 years)

Maintenance, Repair

Staff (position, salary, % of time, fringe benefits)

Utilities

Equipment (lease/buy)

Supplies (quantity)

Insurance

Furnishing (quantity)

Relocation (no. of persons)

Food (perishable/non-perishable)

Other operating costs (please specify**)

Total SHP Dollars Requested*

Total Operating Costs Budget*** * Total SHP dollars requested must equal the amount shown in the ‘‘SHP Total Request’’ column, Line 5, of the Project Budget portion of Sec- tion I. ** If not specified, the costs will be removed from the budget. *** The total operating costs entered here must equal the amount shown in the ‘‘Total Budget’’ column, Line 5 of the Project Budget portion of Section I.

Section III. HUD Grant Application the appropriate table(s) that follows. owned by the project sponsor, the Requirements Housing space may be in the form of selectee, or their parent organizations. Part A. Supportive Housing Program scattered-site leased units, or within a This includes organizations that are (SHP) Application structure. The structures to be leased members of a general partnership where may be structures currently configured the general partnership owns the 7. Leasing for, or structures to be converted to structure. SHP funds may be used to lease space provide, supportive housing. Under no for supportive housing. If you are circumstances may SHP leasing funds requesting SHP leasing funds, fill out be used to lease units or structures

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A. Leased Unit(s) for Housing contained within a structure (e.g., a • If your project has been approved group home with six bedrooms). for exception rents, use those amounts If you propose to lease units in more • Multiply the number of units by the when completing these charts and than one metropolitan or non- submit your approval letter with this metropolitan area, fill in the appropriate FMR or actual rent, whichever is lower, × document. number of tables for each area with a by the length of the grant (# of units • FMR or actual rent × months based on Chart A should be filled out only if different FMR or actual rent. you will lease individual units or grant term) and enter the result in the • Please reproduce this Section as structures that are currently configured total column. needed to accommodate projects using for housing and, therefore, an FMR or more than one FMR or actual rent. • Please note that the FMR for a actual rent can be used. If you have • Enter the number of unit(s) by the single room occupancy (SRO) unit is negotiated an actual rent(s) that is lower bedroom size to be leased and the lower equal to 75% (0.75) of the 0-bedroom than the FMR, please use that amount of the actual rent or the FMR as FMR. The FMRs for unit sizes larger instead of the FMR. The actual rent may published in the Federal Register on than 4-bedrooms are calculated by not exceed the FMR. September 30, 2002. (FMRs may be adding 15% to the 4-bedroom FMR for Chart A: found using this Web site: http:// each extra bedroom. For example, the lllllllllllllllllll www.huduser.org/datasets/fmr.html) FMR for a 5-bedroom unit is 1.15 times Name of metropolitan or non- The space to be leased may be scattered- the 4-bedroom FMR, and the FMR for a metropolitan FMR area: site (e.g., one-bedroom apartments in 6-bedroom unit is 1.30 times the 4- lllllllllllllllllll five different apartment complexes) or bedroom FMR. Address (indicate if scattered site):

Size of units No. of units FMR or actual rent No. of months Total

1. SRO X

2. 0 bdrm X

3. 1 bdrm X

4. 2 bdrm X

5. 3 bdrm X

6. 4 bdrm X

7. 5 bdrm X

8. 6 bdrm X

9. Other X

10. Totals $

B. Leased Structure(s) for Housing already configured for housing and for funding and enter the result in the total those that will be converted. If your column. If you will lease a structure or portion project has more than one structure, • Chart B should be filled out only if of a structure for housing, fill out Chart reproduce Chart B and fill it out starting you will lease a structure or portion of B below using a monthly leasing cost with structure 2. a structure for which an FMR is not that is comparable to and no more than applicable. • Multiply the monthly leasing costs the rents being charged for similar space Chart B: by the number of months requested for in the area. This applies to structures Address:

Structure Monthly leasing cost Number of months Total

$=$

Section III. HUD Grant Application If your answer to the first question is Section III. HUD Grant Application Requirements yes, are veterans the primary target Requirements population of your proposed project? Part A. Supportive Housing Program Part A. Supportive Housing Program (SHP) Application b Yes b No (SHP) Application 8. Homeless Veterans 9. Budget Are veterans among the homeless This section consists of two budgets— subpopulations your project will a project budget and a structure budget. specifically target and intends to serve? Please refer to the budgets for specific instructions. The project budget is to be b Yes b No used for all projects.

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When developing your budget(s), • 160% to 174%, the limit is equal the ‘‘Total Budget’’ amount for the please keep in mind that each structure $350,000 project, as shown in the last column. can receive the maximum amount of • 175% and up, the limit is $400,000 • If your project contains one funds according to the following per- • If you request funds for acquisition structure or no structures this is the structure limits: and/or rehabilitation, the law requires only budget you need to fill out. If your • For acquisition and/or that you match the requested amount project contains multiple structures, rehabilitation, the SHP request for these with an equal amount of cash for the please add up the SHP structure budgets activities combined is limited by law to activities. Documentation of matching on the next page and enter those totals between $200,000 and $400,000 funds is not required in this application; below. depending on whether the structure is however, you will be asked to submit it • HUD will review this chart in in a HUD-identified high-cost area for at a later date. relation to the proposed activities and acquisition and rehabilitation. Contact the number of persons to be served to your local HUD Field Office to Project Budget (complete all 3 columns) determine whether the project is cost- determine if your project is in a high- • Enter the amount of SHP funds effective (which is a threshold cost area, and, if so, which of the requested by line item in the ‘‘SHP Total criterion). following percentages or limits apply: Request’’ column. You may request • Applicants requesting funds for • 100% to 119%, the limit is funding for three years. The three-year acquisition and/or rehabilitation must $200,000 term will be the same for leasing, and comply with Section 423 of the Stewart • 120% to 139%, the limit is operations. In the ‘‘Applicant Cash’’ B. McKinney-Vento Homeless $250,000 column, enter the amount of other cash Assistance Act, as amended. • 140% to 159%, the limit is that will be contributed to the project. The grant term for all projects is for $300,000 This amount plus the SHP request must 3 years.

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Structure Budget for Projects With budgets for scattered site leasing each line item, which is the SHP request More Than One Structure projects unless SHP funds for plus all other funds needed to pay for rehabilitation are being requested. For each line item. For your convenience, If your project contains only one each structure budget, enter the amount four structure budgets are provided structure or no structures, please fill out of SHP funds requested by line item in below. You may reproduce this page if only the project budget on the previous the first column. For leasing and your project will have five or more page. If, however, your project contains operations, the amounts you enter structures; however, please attach the more than one structure, fill out the should be for three years, which is the additional structure budgets to this page information requested below for the SHP grant term. The term will be the and label them appropriately starting number of structures your project same for leasing and operations. In the with Structure E. Enter administrative proposes. Do not fill out structure second column, enter the total cost for costs only on the Project Budget.

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Section III. HUD Grant Application Program Components person must be both homeless and Requirements Shelter Plus Care (S+C) components disabled. Persons with disabilities are those Part A. Supportive Housing Program were created by statute and designed to give applicants flexibility in devising who have a disability that: (SHP) Application • Is expected to be of long-continued appropriate housing and supportive 10. Additional Information services for homeless persons with and indefinite duration; • Substantially impedes his or her disabilities. Assisted units may be of HUD needs the following information ability to live independently; and to respond to public inquiries about any type, from apartments to SRO-type • Is such a nature that the disability program benefit. Your responses will units. You may design a program that could be improved by more suitable has participants’ first living in a group not affect in any way the scoring of your housing conditions. The disability may setting with intensive supportive submission. be a physical, mental, or emotional services, then moving to another setting 1. Which of the following impairment, including an impairment but retaining the rental assistance subpopulations will your project serve? due solely to alcohol or drug abuse. (Check all that apply) during the term of the grant, as long as The S+C Program specifically targets b Severely Mentally Ill they stay within a S+C unit. several disabilities. These targeted Participants in S+C units receive b Chronic Substance Abusers disabilities are: supportive services. These services may b Dually Diagnosed • Serious mental illness b AIDS or Related Diseases be provided by the applicant, funded by • Chronic alcohol and/or other drug 2. Will the proposed project be the applicant but provided by a third abuse located in a rural area? (A project is party, or both funded and provided by • AIDS or related diseases considered to be in a rural area when a third party. Rental assistance provided The disability may also be the project will be primarily operated through the S+C program must be developmental. A severe, chronic either (1) in an area outside of a matched in the aggregate on a dollar for developmental disability is Metropolitan Area, or (2) in an area dollar basis by the recipient with characterized as outside of the urbanized areas within a supportive services. • Being caused by mental or physical Tenant-based Rental Assistance (TRA) Metropolitan Area.) impairment; provides rental assistance that permits • Manifested before the person is 22 b Yes participants to choose their own b No years old; housing. Participants retain the rental • Likely to continue indefinitely; 3. Is the sponsor of the project a assistance even if they move. To help • Reflecting a need for a combination religious organization, or a religiously you provide supportive services or for and sequence of special, inter- affiliated or motivated organization? purposes of controlling housing costs, disciplinary, or generic care, treatment, (Note: This characterization of religious you may require participants to live in or other services that are of lifelong or is broader than the standards used for a particular structure for the first year of extended duration and are individually defining a religious organization as assistance or to live in a particular area planned and coordinated; and ‘‘primarily religious’’ for purposes of for the entire rental assistance period. • Resulting in substantial functional applying HUD’s church/state Sponsor-based Rental Assistance limitations in at least three of the limitations. For example, while the (SRA) provides rental assistance following areas: Self-care, receptive and YMCA is often not considered through contract(s) between the grant expressive language, learning, mobility, ‘‘primarily religious’’ under applicable recipient and nonprofit organization(s), self-direction, capacity for independent church/state rules, it would likely be called a sponsor. The nonprofit living, and economic self-sufficiency. classified as a religiously motivated organization may be a private nonprofit entity.) organization or a community mental Section III. HUD Grant Application b Yes health center established as a public Requirements b No nonprofit organization. The assisted Part B. Shelter Plus Care Program (S+C) 4. Will the proposed project be units must be owned or leased by the Application located in, or make use of, surplus sponsor. After a grant is awarded, 1. Project Narrative military buildings or properties that are should the sponsor lose its capacity to located on a military base that is own or lease the assisted units, the This section is a description of your covered by the provisions of the Base grantee must identify an alternate proposed project. Please respond to all Closure Community Redevelopment and sponsor in order to continue to serve the of the items in this section. A project Homeless Assistance Act of 1994? original number of persons proposed to may include no more than one be served. component and may be carried out by b Yes Project-based Rental Assistance (PRA) b No no more than one project sponsor. without Rehabilitation provides rental 1. Project summary. Please provide If ‘‘yes,’’ please provide the name of the assistance through a contract with a the following: military installation: llllllll building owner(s). An applicant must a. Names of applicant and sponsor (if Section III. HUD Grant Application enter into a contract with the building appropriate) Requirements owner(s) for the full five-year period of b. Program component assistance. The building owner must c. Total S+C request Part B. Shelter Plus Care Program (S+C) agree to accept eligible S+C participants d. The type of housing and number of Application to live in an assisted unit for this time units proposed General period. Only minor (up to $3,000 per e. The population to be served. unit) rehabilitation is eligible under this 2. Homeless population to be served. This Section is for Shelter Plus Care component. Briefly describe the following: projects. Eligible applicants for this a. Their characteristics and needs for program are States, units of local Persons With Disabilities housing and supportive services. government and Public Housing To be eligible to participate in a b. Where they will come from (streets Authorities. Shelter Plus Care funded project, a and emergency shelters).

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c. The outreach proposed to bring housing so that the target population b. Describe the applicant’s and project them into the project. will be sustained in that housing. sponsor’s ability to outreach to the 3. Project (Housing) Quality 4. Applicant Capacity target population and swiftly bring them Up to 12 points will be awarded based Up to 12 points will be awarded based into the program and occupy all units on the extent to which your application on the experience of all organizations committed in the application. demonstrates how the housing is involved in carrying out the project. [To be completed only by applicants appropriate to the needs of the persons a. Describe the project applicant’s requesting Shelter Plus Care funding.] to be served. experience specifically in providing Section III. HUD Grant Application a. Describe how the TYPE (e.g. housing, especially for the population to Requirements apartments, group home) and SCALE be assisted by this project. (e.g. number of units, number of persons b. Describe the project applicant’s Part B. Shelter Plus Care Program (S+C) per unit) of the proposed housing will performance in administering housing Application fit the needs of the participants. activities, especially in serving the 2. Component Selection b. Describe how the basic population to be assisted by this project. COMMUNITY AMENITIES (e.g. medical 5. Timeliness Select the S+C component that facilities, grocery store, recreation Up to 11 points will be awarded based describes your project (check only one facilities, schools, etc.) will readily be on the demonstrated ability of the box) accessible to your clients. applicant and project sponsor to execute b TRA b SRA c. Describe how the housing will be the program in a timely manner. b PRA without Rehab ACCESSIBLE to persons with a. Describe the applicant’s and project Section III. HUD Grant Application disabilities in accordance with sponsor’s ability to achieve rapid project Requirements applicable laws. start-up based on site control, d. Describe how services and permitting, minor rehabilitation, and Part B. Shelter Plus Care Program (S+C) treatment will be LINKED to permanent occupancy and rehab schedules. Application

Section III. HUD Grant Application fully operational, the number of members living with them. Do not Requirements proposed participants expected to double count. Part B. Shelter Plus Care Program (S+C) receive rental assistance at a point in Application time. Include each participant only once, in either Part 1 or Part 2. Part 1 4. Targeted Disabilities should only include persons with In each category shown in the chart disabilities who will not have family below, estimate, when the program is

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Section III. HUD Grant Application grant execution to the following Requirements milestones: Part B. Shelter Plus Care Program (S+C) Application 5. Major Milestones Please complete the chart by entering the number of months planned from

First unit occupied Supportive services begin Last unit occupied

months months months

Section III. HUD Grant Application funding for. Make certain that only one 6.1. Tenant-based Rental Assistance Requirements component (TRA, SRA, PRA without (TRA) Project Budget rehab) budget is completed in this Part B. Shelter Plus Care Program (S+C) Applicants requesting TRA must section. Application complete the chart below showing the Requested subsidy cannot exceed 6. Budget number of units expected to be used in current FMR unless an Exception Rent your program. Multiply the applicable Fill out the information requested for approval letter is attached. existing fair market rents (FMRs) as the S+C component you are requesting published in the Federal Register (FR)

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on September 30, 2002, by the number those found in the September 30, 2002, SRO unit is equal to 75 percent of the of units of a given size by 60 months. FR Notice.] The SRO FMR should be 0-bedroom FMR. [Please be advised that the actual FMRs rounded to the nearest whole number Complete a separate chart for each used in calculating your grant will be before multiplying by the number of jurisdiction that has a different FMR. those in effect at the time the grants are units and the number of months. The Name of metropolitan or non- approved which may be higher than FMR for each single room occupancy metropolitan area for the FMR used:

× FMR × Number of Total amount Dwelling United Number of units $ months = requested $

SRO 60

0 Bedroom 60

One Bedroom 60

Two Bedroom 60

Three Bedroom 60

Four Bedroom 60

Other: (specify) 60

Total TRA Assistance $

6.2. Sponsor-based Rental Assistance Section 501 C (3) of the IRS Code of that the organization is a public (SRA) Project Budget 1986, as amended, or documentation of nonprofit organization. A. Non-profit Status: Non-profit nonprofit status as described in the B. Housing Description. Complete the organizations must attach to this section Glossary on page 4. chart below indicating the address of one of the following: • Public non-profit community the specific structure(s) to be used, the • Private non-profit organizations mental health centers must attach a number of units by bedroom size in must submit a copy of their IRS ruling, letter or other document acceptable to each, and whether it is or will be owned providing tax-exempt status under HUD from an authorized official stating or leased by the nonprofit entity.

Number of units by size Owned/Leased Address (street, city, state & ZIP) (check one) SRO 0 1 2 3 4 4

Reminder: You may only have one size by 60 months. [Please be advised the number of months. The FMR for sponsor per project. that the actual FMRs used in calculating each SRO unit is equal to 75 percent of C. Grant Amount. In the following your grant will be those in effect at the the 0-bedroom FMR. Complete a chart, show the number of units by size time the grants are approved which may separate chart for each jurisdiction that expected to be owned or leased by the be higher than those found in the has a different FMR. sponsor. Multiply the applicable September 30, 2002, FR Notice.] existing FMRs as published in the The SRO FMR should be rounded to Name of metropolitan or non- Federal Register (FR) on September 30, the nearest whole number before metropolitan area for the FMR used: 2002, by the number of units of a given multiplying by the number of units and

× × Number of Total amount Dwelling units Number of units FMR $ months = requested $

SRO ...... 60 .

0 Bedroom ...... 60 .

One Bedroom ...... 60 .

Two Bedroom ...... 60 .

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× × Number of Total amount Dwelling units Number of units FMR $ months = requested $

Three Bedroom ...... 60 .

Four Bedroom ...... 60 .

Other: (specify) ...... 60 .

Total SRA Assistance ...... $.

6.3. Project-based Rental Assistance appropriate chart below showing the the grants are approved which may be (PRA) Project Budget number of units by size, expected to be higher than those found in the A. Site. In the chart below, indicate assisted at this property. Multiply the September 30, 2002, FR Notice.] The the address of the property to be applicable existing FMRs as published SRO FMR should be rounded to the assisted. in the Federal Register (FR) on nearest whole number before Address: (street, city, state and ZIP) ll September 30, 2002, by the number of multiplying by the number of units and lllllllllllllllllll units of a given size by the number of the number of months. The FMR for lllllllllllllllllll months. [Please be advised that the each SRO unit is equal to 75 percent of B. Grant Amount. For each property, actual FMRs used in calculating your the 0-bedroom FMR. complete a separate copy of the grant will be those in effect at the time

CHART 1. PRA UNITS WITHOUT REHABILITATION Name of metropolitan or non-metropolitan area for the FMR used:

× × Number of Total amount Dwelling units Number of units FMR $ months = requested $

SRO ...... 60 .

0 Bedroom ...... 60 .

One Bedroom ...... 60 .

Two Bedroom ...... 60 .

Three Bedroom ...... 60 .

Four Bedroom ...... 60 .

Other: (specify) ...... 60 .

Total PRA without ...... $. Rehab $.

Section III. HUD Grant Application program benefit. Your responses will defining a religious organization as Requirements not affect in any way the scoring of your ‘‘primarily religious’’ for purposes of submission. applying HUD’s church/state Part B. Shelter Plus Care Program (S+C) Which of the following limitations. For example, while the Application subpopulations will your project serve? YMCA is often not considered 7. Homeless Veterans (Check all that apply) ‘‘primarily religious’’ under applicable Are veterans among the homeless b Severely Mentally Ill church/state rules, it would likely be subpopulation(s) your project will b Chronic Substance Abusers classified as a religiously motivated b specifically target and intend to serve? Dually Diagnosed entity.) b AIDS or Related Diseases b Yes b Yes b No Will the proposed project be located b No If your answer to the first question is in a rural area? (A project is considered Will the proposed project be located yes, are veterans the primary target to be in a rural area when the project in, or make use of, surplus military population of your proposed project? will be primarily operated either (1) in buildings or properties that are located b Yes b No an area outside of a Metropolitan Area, on a military base that is covered by the provisions of the Base Closure Section III. HUD Grant Application or (2) in an area outside of the urbanized Community Redevelopment and Requirements areas within a Metropolitan Area.) b Yes Homeless Assistance Act of 1994? Part B. Shelter Plus Care Program (S+C) b No b Yes Application Is the sponsor of the project a b No religious organization, or a religiously If ‘‘yes,’’ please provide the name of the 8. Additional Information affiliated or motivated organization? military installation: llllllll HUD needs the following information (Note: This characterization of religious Additional stipulations for HUD to respond to public inquiries about is broader than the standards used for applicants follow:

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Executive Order 13202, Preservation DOL Reporting: In addition to the and accomplishments of each funded of Open Competition and Government combined HUD and DOL Annual project. Awardees must agree to make Neutrality Towards Government Performance Report cited at the end of available records on all parts of project Contractors’ Labor Relations on federal this Section, DOL Cooperative activity, including participant and federally-funded Construction Agreement awardees will be required to employment and wage data, and to Contracts. Compliance with HUD submit to DOL quarterly financial and provide access to personnel, as specified regulations at 24 CFR 5.108 narrative progress reports for those by the evaluator(s), under the direction implementing Executive Order 13202 is quarters other than the one that of the ODEP. This independent a condition of receipt of assistance coincides with the HUD and DOL evaluation is separate from the ongoing under this SGA. Annual Performance Report. Also, all evaluation for continuous improvement Procurement of Recovered Materials. awardees will be expected to provide required of the awardee for project State agencies and agencies of a political demographic and other types of implementation. The ODEP’s evaluation subdivision of a state, including PHAs, information on persons who are of the Ending Homelessness through that are using assistance under this SGA chronically homeless securing Employment and Housing Cooperative for procurement, and any person employment through use of Agreements includes a process contracting with such an agency with ‘‘customized employment’’ strategies evaluation that includes extensive respect to work performed under an (including information on veteran information pertaining to achievements assisted contract, must comply with the status, types of jobs, wages, and benefits under the Cooperative Agreement, requirements of Section 6002 of the secured by specific homeless summary information, number of people Solid Waste Disposal Act, as amended individuals with disabilities) and other with disabilities receiving services, by the Resource Conservation and areas addressed through the linkages number of people employed through the Recovery Act. In accordance with and networks facilitated by project One-Stop system and other sources. Section 6002, these agencies and activities. Under support provided by the ETA, Awardees will be required to submit it is planned that a complimentary persons must procure items designated periodic financial and participation technical assistance effort will be in guidelines of the Environmental reports. Specifically, the following undertaken. Awardees are expected to Protection Agency at 40 CFR Part 247 reports will be required: cooperate with this planned technical that contain the highest percentage of A. Quarterly reports: The quarterly assistance initiative. Awardees must recovered materials practicable, report is estimated to take ten hours to also agree to work with ODEP’s other consistent with maintaining a complete. The form for the Quarterly various technical assistance efforts in satisfactory level of competition, where Report will be provided by the ODEP. order to freely share with others what is the purchase price of the item exceeds The ODEP will work with the awardee learned about delivering customized $10,000 or the quantity acquired in the to help refine the requirements of the employment services to the persons preceding fiscal year exceeded $10,000; report, which will, among other things, who are chronically homeless. must procure solid waste management include measures of ongoing analysis Awardees must agree to collaborate with services in a manner that maximizes for continuous improvement and other research institutes, centers, energy and resource recovery; and must customer satisfaction. Quarterly reports studies, and evaluations that are have established an affirmative will be due for the 1st, 2nd & 3rd supported by DOL, HUD, and other procurement program for procurement quarters of each year only (Note that the relevant federal agencies, as of recovered materials identified in the HUD and DOL Annual Performance appropriate. Finally, awardees must EPA guidelines.’’ Report required at the end of this agree to actively utilize the programs PART VIII. Monitoring and Reporting section replaces the 4th quarter report). sponsored by the ODEP, including the B. Standard Form 269: Financial Job Accommodation Network, DOL Monitoring: The ODEP is Status Report Form (FSR) will be (www.jan.wvu.edu), and the Employer responsible for ensuring the effective Completed on a quarterly basis, using Assistance Referral Network implementation of each competitive the on-line electronic reporting system. (www.earnworks.com). Cooperative Agreement project in C. Final Project Report: The final accordance with the provisions of this report will include an assessment of HUD Monitoring and Reporting announcement and the terms of the project performance and outcomes HUD grantees will be required to Cooperative Agreement award achieved. The final report is estimated complete the Annual Performance document. Applicants should assume to take 20 hours. This report will be Report and will be monitored by their that ODEP staff, or their designees (i.e., submitted in hard copy and on nearest HUD field office. VETS, ETA, or HUD), will conduct on- electronic disk using a format and site project reviews periodically. following instructions, which will be DOL and HUD Performance Reporting Reviews will focus on timely project provided by the DOL. An outline of the With the assistance of the technical implementation, performance in final report is due to ODEP 45 days assistance providers, DOL and HUD meeting the Cooperative Agreement’s before termination of the Cooperative grantees will produce a combined programmatic goals and objectives, Agreement with a draft of the final annual narrative report to: expenditures of Cooperative Agreement report due to the ODEP 30 days before 1. Document lessons learned— funds on allowable activities, the termination of the Cooperative Grantees should discuss the successes integration and coordination with other Agreement. The final report is due to and challenges during the grant year resources and service providers in the the DOL within 30 days following the regarding a. collaborative interagency local area, project management, and termination of the Cooperative efforts, b. new service delivery models; administration of project activities. The Agreement. and c. working with the chronically Ending Homelessness through All awardees must agree to cooperate homeless population; 2. Report success Employment and Housing Cooperative with an independent evaluation to be rates of program participants regarding Agreements may be subject to other conducted by ODEP. ODEP will arrange a. completion of employment additional reviews, at the discretion of for and conduct this independent preparation, b. achievement of the ODEP. evaluation of the outcomes, impacts, employment, c. increase in earned

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income, and d. sustaining of housing what is most advantageous to the • 29 CFR Part 32—Nondiscrimination over time. government, considering such factors as: on the Basis of Disability in Programs • Panel findings; and Activities Receiving or Benefiting Part IX. Review Process and Evaluation • Geographic distribution of the from Federal Assistance (Implementing Criteria competitive applications; section 504 of the Rehabilitation Act, 29 • Assuring a variety of program Applications will be reviewed by U.S.C. 794); designs; and • 29 CFR Part 36—Nondiscrimination representatives from DOL and HUD in a • Availability of funds comprehensive review process. First, on the Basis of Sex in Education representatives at DOL and HUD will Part X. Administrative Provisions Programs or Activities Receiving separately score DOL and HUD sections, Federal Financial Assistance A. Administrative Standards and (Implementing title IX of the Education respectively, to determine a score for Provisions each agency’s section. Next, an Amendments of 1972, 20 U.S.C. 1681 et. Grantees are strongly encouraged to seq.); and interdepartmental team will review the • Collaborative Approach and will score read these regulations before submitting 29 CFR Part 37—Nondiscrimination this section jointly, according to the a proposal. The Cooperative Agreements and Equal Opportunity Provisions of the criteria set forth in this SGA. The scores awarded under this SGA shall be subject Workforce Investment Act of 1998 from the agency-specific and the to the following as applicable: (WIA), (Implementing Section 188 of the • 29 CFR Part 95—Grants and reviews of the Collaborative section will Workforce Investment Act, 29 U.S.C. Agreements With Institutions of Higher be totaled, and the applications will be 2938). Education, Hospitals, and Other Non- ranked by score from highest to lowest The applicant must include Profit Organizations, and With nationally. In order to ensure maximum assurances and certifications that it will Commercial Organizations, Foreign geographic diversity in the awards, the comply with these laws in its Governments, Organizations Under the federal departments reserve the right to Cooperative Agreement application. The Jurisdiction of Foreign Governments, make selections out of rank order to assurances and certifications are and International Organizations; attached as Appendices A, B. provide for geographic distribution of • 29 CFR Part 96—Audit funds. Signed at Washington, DC this 11th day of Requirements for Grants, Contracts, and July, 2003. The maximum total score for any Other Agreements; applicant under this SGA is 100 points. • 29 CFR Part 97—Uniform Lawrence J. Kuss, These points are divided between the Administrative Requirement for Grants DOL Grant Officer. HUD and DOL sections and the and Cooperative Agreements to State Signed at Washington, DC this 11th day of Collaboration section. The HUD and and Local Governments. July, 2003. DOL sections are worth a total of 70 B. Allowable Costs Roy A. Bernardi, points. Within these 100 points, HUD’s Assistant Secretary for Community Planning portion is worth 35 points and the DOL Determinations of allowable costs and Development, U.S. Department of section is worth 35 points. If an shall be made in accordance with the Housing and Urban Development. application is deficient in either the following applicable federal cost HUD or DOL section, the entire principles: Appendix A. DOL forms/certifications • application will be disqualified. State and Local Government—OMB • Application for Federal Assistance, Form Deficiency is defined as scoring below Circular A–87 SF 424 • 40 percent of the allotted points for Nonprofit Organizations—OMB • Budget Information Sheet, Form SF 424A • either agency’s section. Circular A–122 Assurances and Certifications Signature • Profit-Making Commercial Firms— Page DOL Cooperative Agreement 48 CFR part 31 • Survey on Ensuring Equal Opportunity applications will be reviewed for Profit will not be considered an Appendix B. HUD forms/certifications compliance with the requirements of allowable cost in any case. this notice. DOL’s panel results are • HUD–424 advisory in nature and not binding on C. Cooperative Agreement Assurances • Applicant Certification the DOL Grant Officer. DOL may elect As a condition of the award, the • Consolidated Plan Certification to award Cooperative Agreements with applicant must certify that it will • Certification of Consistency with the Continuum of Care or without discussion with the offeror. comply fully with the • In situations without discussions, an nondiscrimination and equal Special Projects Certifications-Discharge Policy and Mainstream Programs award will be based on the offeror’s opportunity provisions of the following • Disclosure of Lobbying Activities (only signature on the SF–424, which laws: • complete this form if applicant organization constitutes a binding offer. The DOL 29 CFR Part 31—Nondiscrimination engages in lobbying activities) Grant Officer may consider any in Federally-assisted programs of the • Applicant/Recipient Disclosure/Update information that is available and will Department of Labor, effectuation of Report make final award decisions based on Title VI of the Civil Rights Act of 1964; BILLING CODE 4510–CX–P

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[FR Doc. 03–18046 Filed 7–17–03; 8:45 am] BILLING CODE 4510–CX–C

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Part III

Department of Transportation Federal Aviation Administration

14 CFR Parts 121 and 129 Flightdeck Security on Large Cargo Airplanes; Final Rule

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DEPARTMENT OF TRANSPORTATION Procedures of the Department of www2.faa.gov/avr/arm/ Transportation (DOT) (44 FR 1134; nprm.cfm?nav=nprm or the Federal Federal Aviation Administration February 26, 1979), however, provide Register’s Web page at http:// that, to the maximum extent possible, www.gpoaccess.gov/fr/index.html. 14 CFR Parts 121 and 129 operating administrations for the DOT You can also get a copy by submitting [Docket No.: FAA–2003–15653; Amendment should provide an opportunity for a request to the Federal Aviation Nos. 121–287 and 129–37] public comment on regulations issued Administration, Office of Rulemaking, without prior notice. Accordingly, ARM–1, 800 Independence Avenue RIN 2120–AH96 interested persons are invited to SW., Washington, DC 20591, or by participate in this rulemaking by calling (202) 267–9680. Make sure to Flightdeck Security on Large Cargo submitting such written data, views, or identify the amendment number or Airplanes arguments, as they may desire. docket number of this final rule. AGENCY: Federal Aviation Comments relating to environmental, What Is the Small Business Regulatory Administration (FAA), DOT. energy, federalism, or international Enforcement Fairness Act? ACTION: trade impacts that might result from this Final rule; request for The Small Business Regulatory comments. amendment also are invited. Comments must include the regulatory docket or Enforcement Fairness Act (SBREFA) of SUMMARY: This action provides an amendment number and must be 1996 requires the FAA to comply with alternative means of compliance to submitted in duplicate to the address small entity requests for information or operators of all-cargo airplanes that are above. All comments received, as well advice about compliance with statutes required to have a reinforced security as a report summarizing each and regulations within its jurisdiction. flightdeck door. This rule allows those substantive public contact with FAA Therefore, any small entity that has a operators to either install reinforced personnel on this rulemaking, will be question regarding this document may doors or adopt enhanced security filed in the public docket. The docket is contact its local FAA official, or the FOR FURTHER procedures approved by the available for public inspection before person listed under INFORMATION CONTACT. Transportation Security Administration. and after the comment closing date. You can find out more about SBREFA on the Internet at DATES: This rule is effective on August The FAA will consider all comments http://www.faa.gov/avr/arm/sbrefa.htm, 18, 2003. Comments must be received received on or before the closing date or by e-mailing us at by September 16, 2003. for comments. Late filed comments will 9–AWA–[email protected]. ADDRESSES: Address your comments to be considered to the extent practicable. the Docket Management System, U.S. This final rule may be amended in light Background of the comments received. Department of Transportation, Room What Rule Changes Are You Making? Plaza 401, 400 Seventh Street, SW., Commenters who want the FAA to Washington, DC 20590–0001. You must acknowledge receipt of their comments We are issuing a rule that allows an identify the docket number FAA–2003– submitted in response to this final rule alternative means of compliance with a 15653 at the beginning of your must include a preaddressed, stamped current FAA regulation. This rule comments, and you should submit two postcard with those comments on which allows operators of large cargo airplanes copies of your comments. If you wish to the following statement is made: to either install reinforced flightdeck receive confirmation that the FAA ‘‘Comments to Docket No. FAA–2003– doors or adopt enhanced security received your comments, include a self- .’’ The postcard will be date-stamped by procedures approved by the addressed, stamped postcard. the FAA and mailed to the commenter. Transportation Security Administration. You may also submit comments Comments that you may consider to Isn’t Airplane Security the through the Internet to http:// be of a sensitive security nature should Responsibility of an Agency Other Than dms.dot.gov. You may review the public not be sent to the docket management the FAA? docket containing comments to these system. Send those comments to the FAA, Office of Rulemaking, ARM–1, Yes, the Aviation and Transportation proposed regulations in person in the Security Act (ATSA) enacted by Dockets Office between 9 a.m. and 5 800 Independence Avenue, SW., Washington, DC 20591. Congress on November 19, 2001, p.m., Monday through Friday, except transferred airplane security to the Federal holidays. The Dockets Office is Availability of Final Rule Transportation Security Administration on the plaza level of the NASSIF You can get an electronic copy using (TSA). The safety of the physical Building at the Department of the Internet by taking the following airplane structure and the operational Transportation at the above address. steps: rules of airplanes are still the Also, you may review public dockets on (1) Go to the search function of the responsibility of the FAA. We work the Internet at http://dms.dot.gov. Department of Transportation’s with the TSA when our interests FOR FURTHER INFORMATION CONTACT: Joe electronic Docket Management System overlap to further our missions of safety Keenan, Program Management Branch (DMS) Web page (http://dms.dot.gov/ and security. We coordinated this rule (AFS–200) Flight Standards Services, search). change closely with the TSA. The TSA Federal Aviation Administration, 800 (2) On the search page type in the last has significantly contributed to this rule Independence Avenue SW., four digits of the Docket number shown and supports the rule change. Washington, DC 20591; telephone (202) at the beginning of this notice. Click on How Many Rules Are Affected by This 267–9579; facsimile (202) 267–5229, e- ‘‘search.’’ mail [email protected]. (3) On the next page, which contains Change? SUPPLEMENTARY INFORMATION: the Docket summary information for the This change has significant effects on Docket you selected, click on the final two rules. First, Title 14 Code of Federal Comments Invited rule. Regulations (14 CFR), 121.313(j), which This final rule is being adopted You can also get an electronic copy applies to the operation of U.S. without prior notice and prior public using the Internet through the Office of transport category all-cargo airplanes, is comment. The Regulatory Policies and Rulemaking’s Web page at http:// amended to permit operators to adopt a

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TSA approved security program in lieu 12504). Section 129.28 requires already have any door. The principal of installing reinforced doors. The installation of the reinforced door not arguments of those parties were second rule, 14 CFR 129.28(c), applies later than April 9, 2003. The affected centered on increased flightdeck to the operation of transport category airplanes include transport category all- security. Those commenters expressed all-cargo airplanes by foreign operators cargo airplanes operated under part 129 concerns about the qualification, within the United States. This which had flightdeck doors installed on screening, and identification of the amendment permits foreign operators to or after June 21, 2002. people authorized to ride on the subject adopt a TSA approved security program On December 23, 2002, the FAA airplanes. in lieu of installing reinforced doors. issued amendment No. 129–36 as a ALPA stated that meetings with safety result of input received from a public representatives from many of the cargo Why Were the Old Rules Adopted? hearing held on July 30, 2002, and airlines revealed it is potentially easier The former rules were adopted in comments received as a result of the for an intruder to gain access to cargo response to the terrorist attacks against rulemaking. Amendment 129–36 airplanes because of limited ground the United States on September 11, clarifies the applicability of the part 129 security procedures, less secure ramp 2001, and the ATSA enacted by regulation for foreign operators. areas, and less scrutiny of persons Congress on November 19, 2001. The In effect, section 355 of the carried on board cargo flights. ALPA terrorist acts demonstrated a need to Consolidated Appropriations stated that flight attendant and improve design as well as operational Resolution, Pub. L. 108–007, postponed passenger intervention have been and procedural security of the the compliance date for this section as discussed as a strategy to defeat the flightdeck. to all-cargo aircraft until October 1, attempts of an intruder to commandeer 2003. We have changed the cargo a passenger airplane. But cargo What Are the Flightdeck and the portion of the rule to replace the April operators lack the potential benefit of Flightdeck Door? 9, 2003, compliance date with October flight attendant or passenger The flightdeck, or cockpit, is that area 1, 2003, to correspond to the intervention. where the pilots fly the airplane. The Congressional action. Additionally, three commenters flightdeck door is what separates the proposed enhancement of flightdeck pilots from the passengers on passenger What Has Happened Since the Old security beyond that provided by the airplanes. On passenger airplanes, there Rules Were Adopted? reinforced doors, suggesting the use of are operating rules that require a door The old rule was an FAA response to dual doors (FedEx Pilots Association) between the flightdeck and the the potential security threat to cargo and reinforcing the bulkheads between passenger compartment. These rules do airplanes. Because of the urgency of the the flightdeck and other airplane areas not require that cargo airplanes have a response, there was little time for (ALPA and the CAPA). flightdeck door. Some cargo airplanes receiving and evaluating a broad range Three operators and the Cargo Airline have flightdeck doors and many do not. of inputs on the issues and alternatives. Association (CAA) and the Air Traditionally, the door merely served But with time, and with additional Transport Association opposed the as a privacy door to assure that the input from knowledgeable parties, the installation of the reinforced flightdeck pilots were able to concentrate on flying FAA has identified several elements doors in airplanes operated for the the airplane. As discussed in the that convince us that a change is carriage of cargo. Those comments original reinforced door rulemakings, needed. Over the last year, the FAA has included two comments that the efforts were underway prior to the received information from parties application of the reinforced flightdeck September 11, 2001, attacks to develop through comments responding to doors was impractical for the types of standards for a stronger door. The several rulemakings, as well as petitions airplanes involved and the installation attacks led to the immediate adoption of for exemption and a petition for of doors would compromise emergency those standards and the requirement for rulemaking. egress. They also stated it would be installation of stronger doors. difficult to address issues, such as the Public Comments on Prior Reinforced rapid decompression, when retrofitting What Did the Old Rules Require? Flightdeck Door Rulemakings flightdeck doors to airplanes in which On January 15, 2002, parts 25 and 121 As discussed above, the FAA has had no door had been previously installed. were amended to set new standards for two rulemaking actions that established Six commenters were opposed to the flightdeck doors (Amendments 25–106 reinforced door requirements. We installation of flightdeck doors on cargo and 121–288; 67 FR 2118; Docket No. received public comments on both airplanes based upon economic FAA–2002–11032). Section 25.795 was rules. The following discussion is considerations, including cost of the amended to set standards for reinforcing limited to those comments related to doors, installation costs, and lost flightdeck doors. The new standards this specific rule change. The FAA will revenues while airplanes were out of require them to resist forcible intrusion respond to the other comments in a service for modifications. Further, two and ballistic penetration. separate document that will be commenters indicated that the costs Section 121.313(f) was amended to published later in the Federal Register. should be borne by the government. mandate installation of the reinforced The CAA represents 13 all-cargo doors on certain airplanes not later than Part 121 operators, including the largest April 9, 2003. The affected airplanes Three pilot groups (Air Line Pilots operators. In its comments, the CAA included transport category all-cargo Association International (ALPA), argued that the ATSA did not require airplanes operated under part 121 FedEx Pilots Association, and the that cargo airplanes be equipped with which had flightdeck doors installed on Coalition of Airline Pilots Association the reinforced flightdeck door. or after January 15, 2002. (CAPA)), a public safety group (Aviation Therefore, the FAA rule was On June 21, 2002, part 129 was Policy Institute), and one individual procedurally deficient because there amended to apply similar standards to suggested expanding the reinforced door was inadequate justification for foreign operators operating into the requirement to all cargo airplanes. This adopting the rule without prior public United States (Amendment 129–33; 67 would require installation of reinforced comment. The CAA also argued that the FR 42450; Docket No. FAA–2002– doors on cargo airplanes that do not unique nature of cargo operations would

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allow a screening program to provide available to persons on either side of a Why Are the Changes Better Than the the same level of security as a retrofit locked reinforced door. Also, four Old Rule? flightdeck door. operators indicated their security This rule provides an alternative measures for allowing riders on their Part 129 means of compliance for operators. It cargo airplanes are strict and would allows them to meet the security needs Seven of the 32 commenters to compensate for not reinforcing the door. for their particular operation through Amendment 129–33 addressed all-cargo security procedures rather than doors. operations. Except for the following Petition for Rulemaking This option will be available through three comments, commenters raised Atlas Air submitted a petition for the security expertise of the TSA. As the similar issues described in the rulemaking that requested the FAA economic analysis later in this rule discussion of part 121 above. One allow cargo carriers to adopt enhanced reflects, many operators have airplanes commenter stated that of all the various security plans in lieu of the reinforced both with and without flightdeck doors. types of operators serving the U.S., flightdeck doors. Most of the issues If they adopt security procedures for the cargo operators, particularly those that raised by Atlas were also raised by airplanes with the doors, they must operate on a charter basis, pose the least commenters on the prior reinforced apply those same procedures to risk of having their aircraft used as flightdeck rulemakings discussed above. airplanes without doors. By providing weapons by terrorists. The commenter Atlas supported its request with the the option, operators can decide where contends that cargo charter operations following points: to concentrate their limited economic do not publish a schedule for services • The original rule was premised on resources. Also, nothing in this rule and it would be difficult to know in the inadequacy of then existing security prevents operators from using both advance when or where the airplane procedures doors and security procedures if they would be operated. • Another commenter explained that The FAA has since issued detailed choose. crewmembers leave the flightdeck on a procedures for access to cargo airplane What Factors Influenced the Decision regular basis to visit the galley or flightdecks To Change the Rule? lavatory and to perform in-flight duties. • The TSA has since issued There is no flight attendant to ensure additional security requirements that Viability of Enhanced Security the area is clear and secure before a cover certain cargo airplanes Procedures flight crewmember leaves. Also, in the • Reinforced doors are necessary on In acting quickly to establish current event of an intrusion when a flightcrew passenger but superfluous on cargo standards, the FAA included cargo member is absent from the flightdeck, a airplanes airplanes with doors in the same reinforced door will prevent reentry to • Cargo operations do not depend on security category with passenger assist other flightcrew members. This riders carrying airplanes. At the time, security commenter also states that this rule will • The number of persons on cargo procedures for riders on cargo airplanes place it at a competitive disadvantage airplanes is quite small had not been enhanced. With a diverse population flying on commercial compared to operators whose fleets are • Pilots of cargo airplanes are more passenger airplanes, a reinforced door to designed and operated with no doors. willing to exclude suspicious persons At the public meeting, one foreign • the flightdeck is essential. In cargo operator explained that he might Cargo operators can impose more comparison, cargo operations transport not know until 3 hours before a flight screening without disrupting schedules far fewer riders, those riders are • which airplane would be used on flights Access to cargo airplanes is tightly authorized by the company, and cargo to or from the U.S. The operator controlled by practice and regulation operators have greater discretion in believed it would be much more • A reinforced door is less effective deciding who rides on the airplane. efficient and effective to establish on a cargo airplane since a terrorist may Security procedures can be adapted to security procedures controlling who has have an unfettered opportunity to fit the needs of cargo operations making access to the airplanes rather than penetrate it the reinforced door less significant in modifying the doors. • Keeping terrorists off cargo terms of airplane security. airplanes is a better alternative Requests for Exemptions Safety Issues Unique to Cargo Designs • Cargo doors are expensive and Since January 30, 2002, 11 cargo resources could be better utilized People behind the locked doors on operators have filed exemption requests elsewhere passenger airplanes have multiple exits from the reinforced door requirements. • Cost of reinforced doors is much from the plane. Cargo riders may not. Two sought relief from the requirement higher than the FAA estimates On several models of cargo airplanes, for internal locking devices on existing some exits are blocked by cargo or by • Money is better spent on security doors (Special Federal Aviation airplane modifications. Often, procedures keeping terrorists off cargo Regulation (SFAR) 92), three sought modifications of cargo airplanes result airplanes relief from part 121, and six sought • in emergency exits being on the other relief from part 129. In supporting the Passenger airplanes are a higher side of the flightdeck door. As a result, need for an exemption, requesters cited priority for reinforced doors than cargo rider safety may be significantly economic burden caused by the need to airplanes compromised if a locked door blocks • make modifications to their airplanes. In Congress is urging a review of access to the exits. Without a better several instances, operators indicated reinforced door requirements for cargo security option, the FAA originally that they have a small fleet of airplanes airplanes concluded that this safety concern was and engineering and design costs would • ATSA mandated reinforced doors outweighed by the security concern be borne by them alone. The requesters on passenger airplanes, not cargo with highjacking. However, since also identified a safety concern with the airplanes enhanced security procedures are now a requirements to close and lock the • Two proposed bills before Congress viable option, the safety of occupants in flightdeck doors. The safety concern is would require reexamination of the an emergency evacuation takes on a the lack of adequate emergency exits issue higher priority.

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Differences in Locations of Persons on What Comments Do You Believe Would flightdeck. On some airplanes, there is Flightdeck of Cargo and Passenger Not Support This Rule Change? existing structure that would readily Airplanes Many comments were received support a new door. On many other airplanes, however, there is no structure The number and variety of persons supporting the original rule. In particular, pilots and organizations to which a door could be fitted. We have who frequently ride on the flightdeck of representing pilots believed that the spent over a year administering the cargo airplanes are different from those reinforced door was a valuable step current reinforced door rule. We have who ride on passenger airplane toward assuring the safety of the learned that simply replacing existing flightdecks. Under current screening flightcrew and ultimately the airplanes. doors can be expensive and time- procedures, persons may have access to These commenters urged additional consuming, particularly in design the flightdeck on cargo airplanes steps for cargo airplanes, to include development and approval. Undertaking without having undergone the same expanding the rule to require a retrofit requirement for all cargo level of screening used on passenger airplanes could not be done in the time installation of reinforced doors on all airplanes. These persons may be in front frame relevant to this rule. cargo airplanes. This would require of the door or behind it. As one Further, since we have identified installation of reinforced doors on those security procedures as a valid commenter pointed out, locking a cargo airplanes that have not had doors. reinforced door could result in a ‘‘bad’’ alternative to a reinforced door in cargo This option will be discussed later. operations, there is currently no person being in front of the door, while We expect that these commenters justification for the substantial cost preventing a ‘‘good’’ person seated would not favor this rule change and behind the door from assisting the involved in retrofit. would see it as a lessening of security. As discussed in the next question and pilots. This may render reinforced doors We expect to receive comments on this less valuable on cargo airplanes. answer, responsibility for aviation during the comment period. At this security and threat assessment resides Need for Tools and Equipment point, we are confident that the plans with the TSA. If the TSA decides that that will be approved by the TSA will the threat warrants expansion of the Cargo operators carry diverse cargo, be comparable to the security provided reinforced door requirement, the FAA such as animals and dangerous goods. by the doors. As discussed above, we will assist them in developing relevant This requires them to carry persons who believe the change will be better than rules and standards. need specialized tools and equipment the reinforced doors in some respects. during the flight. This necessary Expanding Cargo Security Requirements Were There Comments Submitted on the equipment is prohibited on passenger to All Cargo Operations Original Rules That Were Not flights. Also, on passenger flights, Considered in This Rule Change? The old rule, and this new rule crewmembers, Federal Air Marshals, change, cover only those cargo airplanes and passengers can intervene to inhibit Yes. Some comments dealt with that had doors. With the transfer of efforts to penetrate the reinforced doors. issues other than cargo airplanes. Some security responsibility, the TSA On cargo operations, the limited number comments on cargo airplanes were not assumed responsibility for developing of riders means a terrorist might have relevant to this rule change. We will and imposing security requirements on time and equipment to defeat the respond to these comments in a separate all aviation operations. As a result, the protection offered by the doors. document that will be published later in FAA no longer has the authority to the Federal Register. unilaterally establish security The Cost of the Doors What Other Options Were Considered? requirements applicable to all cargo operators. The original analysis of reinforced Maintaining the Status Quo door costs was made before designs had Several operators, including Atlas Air, been proposed and approved. The FAA We considered this option but suggested that expansion of security has learned that the door will cost decided that the status quo was no programs to the entire air cargo industry substantially more than originally longer justified. When the rule was would be beneficial. The FAA and TSA estimated. Instead of $17,000, nearly all originally adopted, there was no agree with those comments. The TSA doors will cost at least $50,000, and alternative that would provide security will commence a separate rulemaking some as much as $210,000. This cost for the flightdeck. As discussed on this subject. We hope this expansion would be acceptable if it were the only previously, this is no longer the case will be, in part, a consequence of this alternative to preventing highjackings. and security procedures can provide a rule change. The FAA supports this But, with the enhanced security viable security alternative. Operators expansion and will assist the TSA in procedures now available, it is should have the option of selecting implementing any changes it deems incumbent on the FAA to allow which alternative to use to meet the appropriate. security goal. operators to select the option that best Eliminating the Ability of Cargo Carriers fits their needs. Expanding the Reinforced Door Rule to To Carry Supernumeraries All Cargo Airplanes What Comments Do You Believe We considered reducing the ability of Support This Rule Change? As mentioned previously, this was an cargo operators to carry option originally supported by pilots supernumeraries. Under 14 CFR 121.547 As discussed above, the petition of and pilot organizations. Whether this is and 121.583, supernumeraries are Atlas Air contained many suggestions still the case in light of changes since persons who may be on board but who and comments that were common to adoption of the original rule will be are not essential to the actual operation comments received on the original revealed during the comment period on of the airplane. Limiting the carriage of rules. As should be obvious from the this rule. supernumeraries would have a crippling rationale explained in the preceding We do not believe that this expansion effect on many cargo operations. answer, we found many of their points is either practical or necessary. Many Although not in the passenger carrying to be persuasive and thus supportive of cargo airplanes have no door between business, cargo operators need to carry this rule change. the pilot area and aft portions of the riders who can handle cargo either

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during the flight or at remote who have principal security inspectors had a flightdeck door installed on or destinations where trained support is should work with them in preparing after January 15, 2002. Those all-cargo not available. They often carry programs and procedures. operators electing to achieve additional pilots for long flights and compliance through a TSA approved Is This an Airplane Security Issue or an mechanics to service the airplane at security program must apply the Economic Issue? remote locations. These concerns were security program to the operator’s entire identified in the petitions for exemption Implementation of any security fleet of aircraft, not just those with mentioned earlier. As a result, we measure carries with it some costs. The doors. There will be no change for those conclude this is not a viable option for subsequent economic analysis discusses cargo operators who elect to install the protecting the flightdeck of cargo the relative costs of installing reinforced reinforced flightdeck door. airplanes. doors versus adopting a security Foreign operators conducting cargo Supernumeraries were partially program. Adopting the security program operations under § 129.1(a) are covered addressed by the original rule changes option will cost operators less than when they are operating airplanes with that accompanied the reinforced door installing the reinforced doors. If this a payload capacity greater than 7,500 requirements. In the original rules, we were not the case, operators would opt pounds and with a flightdeck door modified § 121.547 and added for the doors instead of the security installed on or after June 21, 2002. § 129.28(d) to limit the number of program. But this rule is not just about Those all-cargo operators electing to persons authorized on the flightdeck money. As discussed previously, achieve compliance through a TSA and required additional approvals for reinforced doors are not as effective a approved security program must apply such access. security measure on cargo airplanes as the security program to the operator’s on passenger airplanes. On many cargo entire fleet of aircraft, not just those Case-by-Case Exemptions Allowing designs, reinforced doors raise safety with doors. There will be no change for Security Programs in Lieu of Reinforced issues that do not exist on passenger those cargo operators who elect to Doors airplanes. Although cost is an issue, it install the reinforced flightdeck door. In We considered requiring individual is not the deciding factor in adopting addition, nothing precludes a foreign exemption applications from cargo this rule. Security is paramount. all-cargo air carrier from implementing operators instead of a rule change. This a TSA security program in addition to has been the process for dealing with Will Cargo Airplanes Be Less Secure if reinforcing its flightdeck doors. problems raised under SFAR 92 with its Reinforced Doors Are Not Required? Why Does the Rule Have a June 21, Airplanes would be less secure if the requirement for internal locking devices 2002, Threshold Date for Foreign requirement were dropped without any on flightdeck doors. This has not been Operators and a January 15, 2002, compensating action. The compensating efficient, even for the relatively small Threshold Date for U.S. Operators? number of SFAR exemptions. action expected in this rule is We anticipate that most, if not all, development and implementation of Section 129.28(a)(2) establishes a cargo operators would file exemption alternative security plans to control who compliance threshold date of June 21, requests should we adopt this option enters cargo aircraft. This will 2002. Section 121.313(j)(2) establishes a instead of a rule change. Dealing with compensate for the lack of doors by compliance threshold date of January exemption requests would be inefficient keeping potential terrorist’s out of the 15, 2002. These threshold dates identify and lead to lengthy delays and airplane. the airplanes that must comply with the uncertainty, even if most petitioners As explained above, this rule does not rule, and maintains the applicability of raised the same issues. Our immediate itself establish the criteria for the new the requirement even if operators adoption of this rule seeks to avoid program. That program will come from remove the non-reinforced doors after uncertainty. Also, just as the operators the TSA. that date. If an airplane had a non- wish to focus their resources on Most importantly, when a security reinforced door in place (installed) on addressing security, we want to use our plan is developed, it can be used by all the threshold date, or if one is installed resources on matters other than cargo operators, not just those with on the airplane after that date, then the individual exemption requests. doors. The result will be greater security rule requires that such a door be for all cargo operations, not just those replaced with a reinforced door. Does This Rule Establish Specific with existing doors. Without the threshold date, operators Security Requirements? Also as discussed above, we believe could avoid compliance with the rule by This rule does not require specific that the reinforced doors produce removing the non-reinforced doors. The security procedures. Rather, a carrier vulnerabilities both from a safety and threshold dates correspond with the may choose to adopt a security program security standpoint that are not present issue dates of the original rules rather than harden its doors. Security in passenger carrying operations. imposing the reinforced door programs may vary from operator to Providing an alternative to installing requirement on operators. The dates operator because airplanes used, routes reinforced doors reduces those risks. differ because the original rules were and missions flown, and persons carried not issued at the same time. What Airplanes or Operations Will Be are not uniform. Instead of establishing Affected by This Rule Change? How Will Compliance Be Monitored? specific criteria for a security program, this rule provides flexibility to the This rule will affect both U.S. and The FAA is working with the TSA to operator and the TSA to meet specific foreign operators. For foreign operators, establish procedures to share needs and threats. this rule also clarifies the coverage of information and monitor compliance the rule. with various aspects of aircraft security. Who Will Approve New Security For U.S. certificated operators, only This is a new relationship and details Procedures? those operations conducted under part on specific aspects of the cooperative The TSA is the agency with approval 121, utilizing transport category monitoring effort are not currently in authority for security programs and airplanes, for the sole purpose of the place. We expect, however, that the TSA procedures related to alternative carriage of cargo, will be affected. And approval of programs under this rule compliance with this rule. Operators those operations are only affected if they will occur in cooperation with the FAA

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and the FAA will receive information How Many Operators and Airplanes Are incur costs from reviewing their on approved programs either directly Affected by the Rule? employee employment files, performing from the TSA or through reporting The FAA determined that 46 U.S. air employee background checks, requirements placed on operators. A cargo carriers with 1,132 transport developing procedures to perform formal process for either of these category cargo airplanes operate under security clearances on non-employee alternatives will be established to assure part 121. Brokers and leasing companies passengers, and applying to the TSA for compliance by affected operators. currently hold 125 turbojet cargo approval in creating their programs. Regulatory Evaluation Summary airplanes that could be operated under They will incur similar annual costs in part 121. Thus, 1,257 cargo airplanes operating the program. Changes to Federal regulations must could be affected by this rule. The FAA undergo several economic analyses. How Much Will It Cost To Establish and determined that 540 of these airplanes Operate a Security Program? First, Executive Order 12866 directs have a flightdeck door, while 26 air each Federal agency to propose or adopt cargo carriers operate at least one The FAA estimates that establishing a a regulation only upon a reasoned airplane with a flightdeck door. Of these security program will cost, on average, determination that the benefits of the 26 air cargo operators, 3 are likely to be about $250,000 for a large air cargo intended regulation justify its costs. large operators (more than 50 airplanes), Second, the Regulatory Flexibility Act airline, about $75,000 for a medium 9 are likely to be medium sized sized air cargo airline, and about of 1980 requires agencies to analyze the operators (between 10 and 50 airplanes), economic impact of regulatory changes $20,000 for a small air cargo airline. The and 14 are likely to be small operators annual cost to operate a security on small entities. Third, the Trade (fewer than 10 airplanes). Agreements Act (19 U.S.C. sections program will average about $120,000 at 2531–2533) prohibits agencies from What Are the Uncertainties Affecting a large air cargo airline, about $40,000 setting standards that create the Potential Costs of This Rule? at a medium sized air cargo airline, and about $10,000 at a small air cargo unnecessary obstacles to the foreign The cost of a security program could airline. Thus, if all of the affected air commerce of the United States. In be significantly reduced if the air cargo cargo carriers chose to establish security developing U.S. standards, this Trade carrier does not transport any people programs, the total first-year cost will be Act requires agencies to consider other than its own employees. To avoid $1.705 million. However, several air international standards and, where underestimating the potential total cost, cargo operators have voluntarily appropriate, use them as the basis of the FAA assumed that every affected air developed personnel security programs U.S. standards. Fourth, the Unfunded cargo operator will occasionally that include some or most of the Mandates Reform Act of 1995 (Pub. L. transport people other than their activities envisioned by the FAA in its 104–4) requires agencies to prepare a employees. Further, the TSA has not cost estimates. Thus, those air cargo written assessment of the costs, benefits, finalized its requirements. This operators have already made many of and other effects of proposed or final regulatory evaluation does not assume these expenditures and their estimated rules that include a Federal mandate that the TSA will require the screening costs will be lower than those projected. likely to result in the expenditure by of cargo. The next question identifies Nevertheless, in order to ensure that the State, local, or tribal governments, in the some assumptions about the content of costs are not underestimated, the FAA aggregate, or by the private sector, of the potential security program. We have assumed that no air cargo operator has $100 million or more annually (adjusted not included the potential costs of such a program. Using an anticipated for inflation.) screening air cargo itself in the 5.3 percent growth rate of the air cargo In conducting these analyses, the FAA estimated costs of these security industry, the annual costs of operating has determined this rule (1) has benefits programs. which justify its costs; (2) is a security programs for 10 years would be ‘‘significant regulatory action’’ as What Are the Bases for the Estimated $10.265 million. Thus, it will cost air defined in section 3(f) of Executive Costs of a Security Program? cargo operators a total of $12.330 Order 12866 and is ‘‘significant’’ as For the purpose of this economic million, which has a present value of defined in DOT’s Regulatory Policies analysis, we have assumed, for cost $9.217 million using the 7 percent and Procedures; (3) will not have a purposes only, that the following types discount rate required by the Office of significant impact on a substantial of costs might be incurred. Actual costs Management and Budget. number of small entities; (4) will have may vary between programs sought by How Much Will It Cost To Install little effect on international trade; and operators and approved by the TSA. Reinforced Flightdeck Security Doors? (5) does not impose an unfunded Further, the TSA may choose to require mandate on state, local, or tribal certain components of a security plan The FAA calculated that installing governments, or on the private sector. that will differ from the assumptions reinforced doors on the 540 cargo The FAA has placed these analyses in included in the FAA cost analysis. The airplanes would cost air cargo operators the docket and summarizes them below. FAA assumes that air cargo carriers will $66.5 million in 2003.

TABLE 1.—AVERAGE COST PER AIRPLANE TO INSTALL A REINFORCED DOOR BY TYPE OF AIRPLANE

Numbers of Number of Lost net Total Total Type of airplane Door kit labor hours Total labor days out-of- revenue per lost net costs to cost to install costs service day revenue install

727 ...... $65,000 96 $7,680 2 $20,500 $41,000 $113,680 737 ...... 50,000 96 7,680 2 4,500 9,000 66,680 747/100/200/300 ...... 210,000 172 13,760 4 24,500 98,000 321,760 747/400 ...... 51,500 96 7,680 2 24,500 49,000 112,020 757 ...... 50,000 96 7,680 2 20,500 41,000 98,680 767 ...... 50,000 96 7,680 2 20,500 41,000 98,680 DC–10 ...... 50,000 96 7,680 2 24,500 49,000 106,680

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TABLE 1.—AVERAGE COST PER AIRPLANE TO INSTALL A REINFORCED DOOR BY TYPE OF AIRPLANE—Continued

Numbers of Number of Lost net Total Total Type of airplane Door kit labor hours Total labor days out-of- revenue per lost net costs to cost to install costs service day revenue install

DC–8 ...... 42,000 72 5,760 2 20,500 41,000 88,760 DC–9 ...... 42,000 72 5,760 1.5 4,500 6,750 54,530 MD–10/11 ...... 45,000 96 7,680 2 24,500 49,000 101,680 A–300 ...... 50,000 192 15,360 4 20,500 82,000 147,360 A–300–600 ...... 50,000 192 15,360 4 20,500 82,000 147,360 A–310 ...... 50,000 192 15,360 4 20,500 82,000 147,360

Are There Any Other Costs That Would materials would add weight to the These additional fuel costs would total Be Associated With These Reinforced airplane, which would increase fuel $9.5 million between 2004 and 2013, Doors? consumption. The FAA estimated that which has a present value of $6.7 Reinforced flightdeck security doors the installed door would add 120 million. pounds to a large cargo airplane, 90 have electronic systems that would need What, Then, Are the Total Costs of to be periodically inspected, pounds to a medium sized cargo Installing These Doors? maintained, and possibly repaired. It airplane, and 75 pounds to a small cargo would take 8 additional maintenance airplane. Each additional pound As shown in Table 2, the total costs labor hours every year for these tasks, increases annual fuel consumption by of installing reinforced security 12.25 gallons for a large cargo airplane, and the average annual materials costs flightdeck doors would be about 19.1 gallons for a medium sized cargo are minimal. These increased $80.450 million, which has a present airplane, and 5.75 gallons for a small maintenance costs would total 4.4 value of about $76.225 million. Of million between 2004 and 2013, which cargo airplane. Using a price of $0.80 particular note is that the biggest has a present value of 3.0 million. per gallon, the annual additional fuel Reinforced flightdeck security doors cost would be $700,000 in 2004, expenditure of $66.5 million would and associated doorway strengthening increasing to $1.1 million in 2013. occur in 2003, the first year.

TABLE 2.—TOTAL AND PRESENT VALUES IN 2003 OF COSTS TO INSTALL REINFORCED SECURITY DOORS IN CARGO AIRPLANES THAT CURRENTLY HAVE FLIGHTDECK DOORS [In millions of dollars]

Increased mainte- Present value Increased Present value Cost to nance cost increased fuel costs increased fuel Total cost Present value retrofit doors (2004–2013) maintenance (2004–2013) cost total cost

$66.499 $4.406 $3.007 $9.542 $6.722 $80.447 $76.228

What Is the Net Economic Impact of endeavor, consistent with the objective the head of the agency may so certify This Rule? of the rule and of applicable statutes, to and a regulatory flexibility analysis is If all air cargo operators affected by fit regulatory and informational not required. The certification must the final rule chose to develop a TSA- requirements to the scale of the include a statement providing the approved security program instead of businesses, organizations, and factual basis for this determination, and installing reinforced flightdeck security governmental jurisdictions subject to the reasoning should be clear. doors, they would save about $68.117 regulation.’’ To achieve that principle, This action provides equal regulatory million between 2003 and 2013, which the RFA requires agencies to solicit and relief to all air cargo carriers. Therefore, has a present value of $67.011 million. consider flexible regulatory proposals the FAA certifies that the rule will not More importantly, they would save and to explain the rationale for their have a significant economic impact on $64.704 million by April 9, 2003. It actions. The RFA covers a wide-range of a substantial number of small entities. small entities, including small should be noted that to the extent that Trade Impact Assessment several air cargo operators have businesses, not-for-profit organizations, voluntarily developed these programs, and small governmental jurisdictions. The Trade Agreement Act of 1979 the cost savings have been Agencies must perform a review to prohibits Federal agencies from underestimated. Further, an individual determine whether a proposed or final engaging in any standards or related operator has the option to install the rule will have a significant economic activities that create unnecessary reinforced flightdeck security door if it impact on a substantial number of small obstacles to the foreign commerce of the would be financially advantageous. entities. If the agency determines that it United States. Legitimate domestic Thus, the FAA determined that this rule will, the agency must prepare a objectives, such as safety, are not provides substantial cost savings to regulatory flexibility analysis as considered unnecessary obstacles. The affected air cargo operators. described in the RFA. However, if an statute also requires consideration of agency determines that a proposed or international standards and where Regulatory Flexibility Act final rule is not expected to have a appropriate, that they be the basis for The Regulatory Flexibility Act of 1980 significant economic impact on a U.S. standards. The FAA assessed the (RFA) establishes ‘‘as a principle of substantial number of small entities, potential effect of this rulemaking and regulatory issuance that agencies shall section 605(b) of the RFA provides that determined that it provides equal

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regulatory relief to both U.S. (under part rulemaking action qualifies for a uncertainty for operators, and frustrate 121) and foreign air cargo carriers categorical exclusion. the purpose of the rule. (under part 129). Therefore, the FAA Further, the FAA received a large Energy Impact determined that this rule will have a number of public comments on this minimal effect on international trade. The energy impact of the notice has subject through the other rulemakings been assessed in accordance with the discussed in this document. We Unfunded Mandates Assessment Energy Policy and Conservation Act considered those comments in The Unfunded Mandates Reform Act (EPCA) Public Law 94–163, as amended developing this rule. of 1995 (the Act) is intended, among (42 U.S.C. 6362) and FAA Order 1053.1. Sections 553(b)(3)(B) and 553(d)(3) of other things, to curb the practice of We have determined that the final rule the Administrative Procedures Act imposing unfunded Federal mandates is not a major regulatory action under (APA) (5 U.S.C. sections 553(b)(3)(B) on State, local, and tribal governments. the provisions of the EPCA. and 553(d)(3)) authorize agencies to dispense with certain notice procedures Title II of the Act requires each Federal Plain English agency to prepare a written statement for rules when they find ‘‘good cause’’ assessing the effects of any Federal Executive Order 12866 (58 FR 51735, to do so. Under section 553(b)(3)(B), the mandate in a proposed or final agency October. 4, 1993) requires each agency requirements of notice and opportunity rule that may result in a $100 million or to write regulations that are simple and for comment do not apply when the more expenditure (adjusted annually for easy to understand. We invite your agency, for good cause, finds that those inflation) in any one year by State, local, comments on how to make this final procedures are ‘‘impracticable, and tribal governments, in the aggregate, rule easier to understand, including unnecessary, or contrary to the public or by the private sector; such a mandate answers to questions such as the interest.’’ In the context of the APA, is deemed to be a ‘‘significant regulatory following: impracticable means that, if notice and • action.’’ Are the requirements in the comment procedures were followed, regulations clearly stated? they would defeat the purpose of the This final rule does not contain such • a mandate. Therefore, the requirements Do the regulations contain technical rule. As explained above, the delay of Title II of the Unfunded Mandates language or jargon that interferes with associated with notice and comment Reform Act of 1995 do not apply. their clarity? would negate the security option as a • Would the regulations be easier to viable alternative to the reinforced door What Other Assessments Has the FAA understand if they were divided into requirement. Conducted? more (but shorter) sections? For the reasons discussed previously • Is the question and answer format in this document, the FAA finds that Paperwork Reduction Act helpful in understanding the notice and public comment on this final There are no current or new regulations? rule are impracticable, unnecessary, and requirements for information collection Please send your comments to the contrary to the public interest. This final associated with this amendment. address specified in the ADDRESSES rule must be adopted promptly to create section. the certainty and the time needed by International Compatibility cargo operators to meet the airplane What Urgency Requires Immediate In keeping with U.S. obligations security requirements. under the Convention on International Adoption of These Changes? Civil Aviation, it is FAA policy to Under current rules, operators should Lists of Subjects comply with International Civil have installed reinforced doors by April 14 CFR Part 121 Aviation Organization (ICAO) Standards 9, 2003, or the airplane could not be Air carriers, Aircraft, Airmen, and Recommended Practices to the operated after that date. However, the Aviation safety, Reporting and maximum extent practicable. The FAA 2003 Consolidated Appropriations recordkeeping requirements, Safety, has determined that there are no ICAO Resolution mentioned previously Transportation. Standards and Recommended Practices effectively postponed the compliance that correspond to these regulations. date for all-cargo aircraft. Absent 14 CFR Part 129 additional action by Congress, this Executive Order 13132, Federalism Aircraft, Aviation safety, Reporting legislative provision will expire on and recordkeeping requirements, Safety, The FAA has analyzed this final rule September 30, 2003. As a result, Transportation. under the principles and criteria of effective October 1, 2003, cargo Executive Order 13132, Federalism. We operators will have to have installed The Amendment determined that this action will not doors on the affected aircraft or not ■ In consideration of the foregoing, the have a substantial direct effect on the operate those aircraft. Federal Aviation Administration States, or the relationship between the We have changed the April 9, 2003, amends 14 CFR parts 121 and 129 as national Government and the States, or date to October 2003, to correspond follows: on the distribution of power and with the Congressional action. Time is responsibilities among the various of the essence to operators. The doors PART 121—OPERATING levels of government, and therefore does are expensive and there is a significant REQUIREMENTS: DOMESTIC, FLAG, not have federalism implications. lead-time required to order and install AND SUPPLEMENTAL OPERATIONS the doors. Cargo operators need to know Environmental Analysis ■ 1. The authority citation for part 121 immediately that there is an alternative continues to read as follows: FAA Order 1050.1D defines FAA to installation of reinforced doors. actions that may be categorically Additionally, operators need time to Authority: 49 U.S.C. 106(g), 40113, 40119, excluded from preparation of a National evaluate the requirements of the TSA 41706, 44101, 44701–44702, 44705, 44709– Environmental Policy Act (NEPA) security procedures, and determine if 44711, 44713, 44716–44717, 44722, 44901, 44903–44904, 44912, 45101–45105, 46105. environmental impact statement. In they can adopt a new security program accordance with FAA Order 1050.1D, before the deadline. Delaying the rule ■ 2. Sections 121.313(j)(1) and (2) are appendix 4, paragraph 4(j), this for notice and comment would create revised to read as follows:

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§ 121.313 Miscellaneous equipment. PART 129—OPERATIONS: FOREIGN door installed between the pilot * * * * * AIR CARRIERS AND FOREIGN compartment and any other occupied compartment on or after June 21, 2002, (j) * * * OPERATORS OF U.S. REGISTERED AIRCRAFT ENGAGED IN COMMON within the United States, except on (1) After April 9, 2003, for airplanes CARRIAGE overflights, unless the airplane’s required by paragraph (f) of this section flightdeck door installation meets the to have a door between the passenger ■ 3. The authority citation for part 129 requirements of paragraphs (c)(2) and and pilot or crew rest compartments, continues to read as follows: (c)(3) of this section or an alternative (i) Each such door must meet the Authority: 49 U.S.C. 1372, 40113, 40119, standard found acceptable to the requirements of § 25.795(a)(1) and (2) in 44101, 44701–44702, 44705, 44709–44711, Administrator; or the operator must effect on January 15, 2002; and 44713, 44716–44717, 44722, 44901–44904, implement a security program approved 44906, 44912, 46105, Pub. L. 107–71 sec. by the Transportation Security (ii) Each operator must establish 104.49 U.S.C. Administration (TSA) for the operation methods to enable a flight attendant to ■ 4. Sections 129.28(c)(1), (2), and (3) are of all airplanes in that operator’s fleet. enter the pilot compartment in the event revised to read as follows: (2) The door must resist forcible that a flightcrew member becomes intrusion by unauthorized persons and incapacitated. Any associated signal or § 129.28 Flightdeck security. be capable of withstanding impacts of confirmation system must be operable * * * * * 300 joules (221.3 foot-pounds) at the by each flightcrew member from that (c) * * * critical locations on the door, as well as flightcrew member’s duty station. (1) Except for a newly manufactured a 1,113-newton (250 pounds) constant (2) After October 1, 2003, for transport airplane on a non-revenue delivery tensile load on the knob or handle, and flight, no foreign air carrier covered by category, all-cargo airplanes that had a (3) The door must resist penetration § 129.1(a) may operate: door installed between the pilot by small arms fire and fragmentation (i) After April 9, 2003, a passenger compartment and any other occupied devices to a level equivalent to Level carrying transport category airplane IIIa of the National Institute of Justice compartment on or after January 15, within the United States, except on 2002, each such door must meet the Standard (NIJ) 0101.04. overflights, unless the airplane’s * * * * * requirements of § 25.795(a)(1) and (2) in flightdeck door installation meets the effect on January 15, 2002; or the requirements of paragraphs (c)(2) and Issued in Washington, DC, on July 11, operator must implement a security (c)(3) of this section or an alternative 2003. program approved by the Transportation standard found acceptable to the Marion C. Blakey, Security Administration (TSA) for the Administrator. Administrator. operation of all airplanes in that (ii) After October 1, 2003, a transport [FR Doc. 03–18075 Filed 7–17–03; 8:45 am] operator’s fleet. category all-cargo airplane that had a BILLING CODE 4910–13–P

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Part IV

Environmental Protection Agency 40 CFR Part 82 Protection of Stratospheric Ozone: Phaseout of Chlorobromomethane Production and Consumption; Final Rule

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ENVIRONMENTAL PROTECTION today’s action will phase out CBM FOR FURTHER INFORMATION CONTACT: The AGENCY production and consumption upon Stratospheric Ozone Information publication of this rule with permitted Hotline at 1–800–296–1996, or Jabeen 40 CFR Part 82 exemptions. Today’s action also restricts Akhtar, U.S. Environmental Protection Agency, Global Programs Division [FRL–7529–4] trade in CBM with countries who are not Parties to the Beijing Amendments (6205J), 1200 Pennsylvania Avenue, RIN 2060–AJ27 to the Protocol. EPA received no NW., Washington, DC, 20460, (202) comments on the Notice of Proposed 564–3514; [email protected]. You Protection of Stratospheric Ozone: Rulemaking (NPRM) during the may also visit the Ozone Depletion Web Phaseout of Chlorobromomethane comment period between October 29, site of EPA’s Global Programs Division Production and Consumption 2002 and November 29, 2002. at http://www.epa.gov/ozone/index.html for further information about EPA’s AGENCY: Environmental Protection DATES: This rule is effective on August Ozone Protection regulations, the Agency (EPA). 18, 2003. science of ozone depletion, and other ACTION: Final rule. ADDRESSES: Materials relevant to this topics. SUMMARY: In accordance with the rulemaking are contained in Public SUPPLEMENTARY INFORMATION: This Montreal Protocol on Substances that Docket No. A–92–13, Section XII. The document concerns amendments to the Deplete the Ozone Layer (Protocol), EPA docket is located at U.S. Environmental production and import controls for is adding chlorobromomethane (CBM) Protection Agency, EPA West (Air ozone-depleting substances (ODS). The to the list of substances subject to Docket), 1301 Constitution Avenue, amendment concerns the addition of a production and consumption controls NW., Room: B108, Mail Code 6102T, new controlled substance, under the Clean Air Act (CAA) and Washington, DC 20004. The materials chlorobromomethane (CBM), to the list EPA’s implementing regulations. may be inspected from 8 am until 5:30 of substances already subject to controls Today’s action creates a new Group pm, Monday through Friday. The related to production, import, export, (Group VIII) of class I substances for telephone number is (202) 566–1742. destruction, transhipment, essential CBM, and designates the value of CBM’s The fax number is (202) 566–1741. The uses, and feedstock uses. ‘‘ozone depleting potential’’ (ODP) as docket may charge a reasonable fee for The regulated categories that may be 0.12. In accordance with the Protocol, copying docket materials. affected by this action include:

Examples of potentially Category SIC NAICS regulated entities

1. Industrial organic chemicals, NEC ...... 2869 ...... 325199 Producers, importers, or exporters of CBM. 2. Pharmaceutical preparations ...... 2834 ...... 325412 Transformers of CBM. 3. Pesticides and agricultural chemicals, NEC ...... 2879 ...... 32532 Transformers of CBM. 4. Chemicals and allied products, NEC ...... 5169 ...... 42269 Lab suppliers of CBM. 5. Testing laboratories, except veterinary testing labs ...... 8734 ...... 54138 Lab users of CBM. 6. Medical and diagnostic laboratories ...... 8071 ...... 6215 Lab users of CBM. 7. Research and development in the physical, engineering and life sciences ...... 8731 ...... 54171 Lab users of CBM. and 8733 ......

This table is not intended to be II. What Chemicals Are Addressed by B. Paperwork Reduction Act exhaustive, but rather provides a guide Today’s Action and How Are They C. Regulatory Flexibility Act for readers regarding entities likely to be Used? D. Unfunded Mandates Reform Act III. What Are the Elements of the E. Executive Order 13132: Federalism regulated by this action. This table lists International Agreement To Regulate F. Executive Order 13175: Consultation the types of entities that EPA is now CBM? and Coordination with Indian Tribal aware could potentially be regulated by IV. What New U.S. Requirements Will Governments this action. Other types of entities not Today’s Action Impose? G. Executive Order 13045: Protection of listed in this table could also be A. Legal Authority Children from Environmental Health & Safety Risks affected. To determine whether your B. Specific Elements of Today’s Action 1. Listing CBM and Controls H. Executive Order 13211: Actions that facility, company, business 2. Ban on Trade With Non-Parties Significantly Affect Energy Supply, organization, etc., could be regulated by 3. Laboratory Essential Use Exemption Distribution, or Use this action, you should carefully 4. Process Agents I. National Technology Transfer examine the applicability criteria in 5. Recordkeeping and Reporting Advancement Act § 82.1(b) of Title 40 of the Code of Requirements J. Congressional Review Act Federal Regulations (CFR). If you have (a) Producers I. What Is the Scientific and Legal (b) Importers any questions regarding the (c) Exporters Background for Regulations To Phase applicability of this action to a (d) Destroyers Out Ozone-Depleting Substances? particular entity, consult the person (e) Transformers In response to the body of evidence listed in the FOR FURTHER INFORMATION (f) Transhipments and Heels linking chlorofluorocarbons (CFCs) and CONTACT section. (g) Laboratory Essential Uses other chlorinated and brominated V. What Other Stratospheric Protection Table of Contents Regulations Will Relate to CBM compounds to ozone depletion, the international community reached I. What Is the Scientific and Legal Following Today’s Action? VI. Statutory and Executive Order Reviews agreement in 1987 on a landmark treaty. Background for the Regulations to Phase A. Executive Order 12866: Regulatory This treaty, the Montreal Protocol on Out Ozone-Depleting Substances? Planning and Review Substances that Deplete the Ozone

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Layer (‘‘Montreal Protocol’’ or operating under Article 5 of the Protocol ozone layer. Section 602(a) also requires ‘‘Protocol’’) was signed by the United or (2) produced for essential uses as the listing of new substances, pursuant States and ratified on April 4, 1988. The authorized by the Protocol and the to subsection 602(c), that have an ozone- Protocol establishes controls on the regulations. depleting potential of 0.2 or greater. production and consumption of ozone Limited exceptions to the ban on the Section 602(c) requires that the depleting chemicals. import of phased-out class I controlled Administrator place newly added Class In the context of the regulatory substances also exist if the substances I substances, to the extent consistent program, the use of the term are: (1) Previously used, (2) imported for with the Montreal Protocol, either into consumption may be misleading. essential uses as authorized by the an existing Group or a new Group. Consumption does not mean the ‘‘use’’ Protocol and 40 CFR part 82, subpart A, Whenever EPA adds a substance to the of a controlled substance, but rather is (3) imported for destruction or Class I list, EPA is also required by defined as the formula: consumption = transformation only, or (4) a section 602(e) to assign a numerical production + imports ¥exports, of transhipment (i.e., from one foreign value representing the substance’s controlled substances (Article 1 of the country through the U.S., to another ozone-depleting potential (ODP). Protocol and section 601 of the CAA). foreign country) or a heel (a small Section 602(e) requires this ODP The Clean Air Act Amendments of amount of controlled substance numerical value to be consistent with 1990 direct the EPA to issue regulations remaining in a container after discharge) the Montreal Protocol if such ODP is to implement the provisions of the (40 CFR 82.4(d), 82.13(g)(2)). specified by the Montreal Protocol. Protocol within the United States. Those substances listed as a Class I (or Accordingly, EPA developed a scheme II. What Chemicals Are Addressed by Class II) substance are then subject to of production and consumption controls Today’s Action and How Are They the monitoring and reporting relative to substances addressed by the Used? requirements as set forth and Protocol. The current regulatory Today’s action will affect only one implemented under section 603. Section requirements of the Stratospheric Ozone chemical, chlorobromomethane (CBM).1 603(b) requires that on a quarterly basis, Protection Program implement the CBM is a chemical compound found in or other such basis as EPA may provisions of the Protocol and the Clean trace quantities in the atmosphere with prescribe, a report be filed with EPA Air Act (CAA) by limiting the both natural and man-made sources. regarding the amount of substance(s) production and consumption of ozone- The Parties to the Montreal Protocol produced, imported, and exported depleting substances. These regulatory designated the ozone-depleting during the preceding reporting period. requirements are codified at subpart A potential of CBM as 0.12. This value is Section 604 sets forth the general to part 82 of Volume 40 of the Code of consistent with an examination of phase-out schedule of Class I substances Federal Regulations (40 CFR part 82, scientific investigations on this topic, and exceptions to the phase-out. Section subpart A). As the control measures of which concluded that an appropriate 604(a) requires EPA to promulgate the Protocol have been amended or range for the ODP of CBM is 0.07—0.15 regulations implementing the phase-out adjusted, and in consideration of other (See 64 FR 22985, 4/18/99). schedule for Class I substances set forth factors, subpart A has also been The uses of CBM are described in the in the CAA. The section 604 phaseout amended. For example, following the NPRM published in the Federal date for most Class I substances is amendments to the Protocol made at the Register on October 29, 2002 (67 FR January 1, 2000; however, under section Fourth Meeting of the Parties in 65916). 602(d), EPA may establish a later Copenhagen in 1992, a number of phaseout date for a newly listed changes to the control provisions of III. What Are the Elements of the substance if the section 604 phaseout subpart A to 40 CFR part 82 were made, International Agreement To Regulate date is unattainable, considering when including an accelerated phaseout of CBM? the substance is listed. ODS production and consumption. EPA The NPRM (67 FR 65916, 10/29/02) Section 614(b) requires that Title VI of published a final regulation in discussed the Parties’ preliminary the CAA be ‘‘construed, interpreted, and December of 1993, implementing the consideration of CBM as an ozone applied as a supplement to the terms United States’ obligation under the depleting substance as well as the and conditions of the Montreal Protocol, Copenhagen amendments (58 FR provisions adopted at the Parties’ * * *, and shall not be construed, 65018). Other regulations amending meeting in Beijing in 1999. interpreted, or applied to abrogate the Subpart A include those published on responsibilities of the United States to December 20, 1994 (59 FR 65478), May IV. What Are the New U.S. implement fully the provisions of the 10, 1995 (60 FR 24970), August 4, 1998 Requirements Imposed by Today’s Montreal Protocol.’’ Section 614(b) (63 FR 41625), and October 5, 1998 (64 Action? requires that in the case of any conflict FR 53290). A. Legal Authority ‘‘between any provision of this title and Although the regulations phased out any provision of the Montreal Protocol, the production and consumption of Several provisions of the CAA the more stringent provision shall class I, Group II substances (halons) on provide the legal authority for today’s govern.’’ Thus, today’s actions list CBM January 1, 1994, and all other class I action. Section 602(a) provides EPA and put in place the phaseout controls controlled substances (except methyl with the general authority to list Class consistent with the Montreal Protocol. bromide) on January 1, 1996, a very I substances. Section 602(a) requires limited number of exemptions exist, EPA to add to the list of Class I B. Specific Elements of Today’s Action consistent with U.S. obligations under substances those substances that it finds EPA received no comments in the Protocol. The regulations allow for cause or contribute significantly to response to the actions proposed in the the manufacture of phased-out class I harmful effects on the stratospheric NPRM (67 FR 65916, 10/29/02). controlled substances, provided the Therefore, EPA is finalizing these substances are either transformed, or 1 The terms chlorobromomethane and actions as they were proposed. destroyed (40 CFR 82.4(b)). They also bromochloromethane are synonymous. They both The effective date for all of today’s refer to the chemical, CH2BrCl. Both terms can be allow limited manufacture if the found in industry, scientific, and regulatory actions will be 30 days from the date of substances are (1) exported to countries documents. publication of today’s rule in the

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Federal Register. Under section 604(b) accordance with previously established A of 40 CFR part 82 are met and the of the CAA, unless otherwise stated, the provisions under the Protocol, current recordkeeping and reporting phaseout date for Class I substances is EPA regulations (60 FR 24970; 40 CFR requirements specified in 40 CFR 82.13 January 1, 2000. However, pursuant to 82.4(l)) prohibit certain class I (v) to (z) of subpart A, which are section 602(d), EPA may establish a controlled substances from export to or summarized later in this Preamble, are later phaseout date for a newly listed import from foreign states not Parties to followed. For further information about substance if the section 604(b) date is the Montreal Protocol or specific the essential use exemption, you may unattainable. Because the January 1, amendment packages to the Protocol refer to the NPRM (67 FR 65916, 10/29/ 2000 phaseout date is in the past, it is (e.g., the London Amendments). With 02). unattainable. Therefore, EPA is today’s action, EPA is adding a new establishing a later phaseout date linked subparagraph, § 82.4(l)(5) regarding a On February 11, 2002, EPA extended to the publication date of the final rule. CBM trade ban that will become the exemption for laboratory and Today’s effective date takes into effective 30 days after the date of analytical uses through the year 2005, consideration that the Beijing publication of today’s rule in the while eliminating the following uses, Amendments entered-into-force under Federal Register. consistent with Decision XI/15: (a) the Protocol on February 25, 2002, for A list of Parties that have ratified the Testing of oil, grease and total Parties that have ratified the amendment Montreal Protocol and successive petroleum hydrocarbons in water; (b) package. The U.S. Senate gave their amendments to the Protocol is Testing of tar in road-paving materials; advice and consent to the ratification of published as Annex 1 in appendix C to and (c) Forensic finger-printing (67 FR the Beijing Amendment package on subpart A with today’s final action. For 6352). However, it should be noted that October 9, 2002, but the U.S. must still the purposes of the trade ban in today’s the Parties to the Montreal Protocol officially deposit its instrument of action, companies should refer to have not extended the global laboratory ratification with the United Nations. appendix C to subpart A of part 82 to and analytical essential-use exemption Ninety days following the date the U.S. identify nations that have not yet indefinitely. This issue is further officially deposits the instrument of ratified the Beijing Amendments. CBM discussed at 66 FR 14767 (3/13/01). ratification for the Beijing Amendment imports from or exports to these nations package, the U.S. assumes obligations to that have not ratified the Beijing 4. Process Agents Amendments are prohibited. EPA will comply with the provisions of the Controlled substances produced or publish notices on a periodic basis to Beijing Amendment. Thus, EPA needs imported as process agents are listed in update this list (appendix C) to reflect to have put in place (prior to the deposit table A of Decision X/14 of the Meetings of the instrument of ratification) final when Parties ratify the Montreal Protocol and its amendments. For of the Parties to the Montreal Protocol. regulatory programs that will implement Parties may propose additions to the list and ensure U.S. compliance with the additional information on countries that of controlled substances designated as provisions of the Beijing Amendment have ratified the Protocol and its process agents by sending a detailed package. amendments, visit the website of the United Nations Environment Program proposal to the Ozone Secretariat, 1. Listing CBM and Controls (UNEP) Ozone Secretariat at which will forward them to the Today’s action creates a new Group www.unep.org/ozone/ and look for the Technology and Economic Assessment (Group VIII) of class I substances, places ‘‘Status of Ratification.’’ Panel (TEAP). The Panel will then CBM in this new Group, and assigns investigate the proposed change and 3. Laboratory Essential Use Exemption CBM an ODP of 0.12. Today’s action make a recommendation to the Parties establishes a full ban on CBM Article 21 of the Montreal Protocol whether or not the proposed use should production and import. This ban does allows for the possibility of ‘‘essential be added to the list by decision of the not apply to the production or import of use’’ exemptions from the phaseout Parties. CBM that is subsequently transformed established for CBM. The Parties have In advance of publication of the or destroyed, or to imports of set up a framework for exempting NPRM (67 FR 65916, 10/29/02), EPA phased out ozone-depleting substances transhipments or heels (see section I). received a letter from one stakeholder for laboratory and analytical uses under There are no interim phasedown levels; requesting that their use of CBM as a the context of the essential use that is, production and import are solvent in the process of producing a exemption. EPA has also provided a de unrestricted until 30 days after polymer additive be considered a publication of this rule. minimis exemption for essential laboratory uses of class I ODSs. The process agent use. Based on information Today’s action does not allow in this letter, EPA determined this production for the ‘‘basic domestic criteria identifying exempt applications are specified in appendix G to 40 CFR company’s use of CBM to be exempt needs’’ of Article 5 countries for reasons from restrictions on controlled described in section III B of the NPRM part 82, subpart A. substances in 40 CFR part 82, subpart A. (67 FR 65916, 10/29/02). The existing framework for exempting If there is a need for CBM for laboratory and analytical uses is found EPA submitted a request to the Parties laboratory and analytical uses after the in the criteria listed in appendix G of to the Protocol to add this use of CBM phaseout, a framework exists to allow subpart A of 40 CFR part 82. Entities to the list of process agents in Table A the inclusion of CBM in the production wishing to use the exemption for of Decision X/14 and to change the and import exemption for laboratory laboratory and analytical uses for CBM emissions limit for the United States in and analytical uses, described in greater should refer to this criteria, which Table B to reflect this addition. The detail in section IV.B.3 of this Preamble. include purity standards, containment TEAP considered this U.S. request requirements, and recycling and regarding the process agent use of CBM 2. Ban on Trade with Non-Parties disposal requirements for the substance. and recommended to the Parties its Today’s action also prohibits CBM No prior approval is needed to use the inclusion in Table A of Decision X/14. import from and export to a foreign state exemption for continued production The Parties are expected to act on the that is not a Party to the 1999 Beijing and import of CBM, as long as the U.S. request during their meeting in the Amendments to the Protocol. In criteria listed in appendix G of subpart fall of 2003.

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5. Recordkeeping and Reporting Montreal Protocol Decisions.’’ Under the controlled substance is used, Requirements the Protocol and the CAA, the import of recycled, reclaimed, or a heel, as With the designation of CBM as a ‘‘used controlled substances’’ does not appropriate. See 40 CFR part 82, subpart class I ODS, existing recordkeeping and count against a country’s obligation to A (§ 82.13) for complete reporting and reporting requirements in 40 CFR 82.13 completely phase out import. Therefore, recordkeeping requirements. with the listing of CBM as a class I will apply to production, importation, (c) Exporters controlled substance, an importer of destruction, transformation, Exporters of CBM, as for other class I transhipments, export, or essential uses used, recycled, or reclaimed CBM is subject to the requirements specified in controlled substances, must submit of CBM. Potentially affected parties are these sections. Specifically, importers of information within 45 days after the end urged to consult the relevant regulatory used, recycled, or reclaimed controlled of the control period, including the paragraphs in 40 CFR 82.13, subpart A. substances and transshipments would names and addresses of the exporter and In addition, guidance and reporting need to fulfill the import petition the recipient of the exports, the type and forms for these requirements are process. quantity of the controlled substances available from EPA’s Stratospheric The revised petition process for Class exported, percentage which is used, Ozone Hotline ((800) 296–1996). I substances (67 FR 79861, 12/31/02) recycled, or reclaimed, date/port of (a) Producers now requires that for each individual export, amount exported to Article 5 Entities that produce CBM, as for shipment of greater than five lbs, at least countries, and documentation or other class I controlled substances, must 40 working days before the shipment certification relating to purchaser’s or submit a report to the EPA leaves the foreign port of export, the importer’s intent to transform or destroy Administrator within 120 days of importer must submit to EPA a petition the controlled substance. Exporters of publication of this rule, describing in including the identity and quantity of class I controlled substances must also detail how daily production quantities the controlled substance; information label, in the case of exports of used are measured and recorded, including pertaining to the source, foreign owner, (including recycled or reclaimed) how fugitive losses are accounted for and exporter of the controlled controlled substance, bills of lading or and the estimated percent efficiency of substance, information regarding the invoices, indicating that the controlled the production process. These entities previous use and identity of any substance is used, recycled, or must also maintain detailed records domestic or foreign reclaimer; reclaimed. See 40 CFR part 82, subpart pertaining to (i) the quantity of information on the equipment from A (§ 82.13) for the complete reporting controlled substances produced at each which the substance was recovered at and recordkeeping requirements. facility and the purposes for which they each source, information on import port (d) Destroyers are produced, used, and sold, with of entry, vessel, and dates of shipment; certain written verifications; (ii) the intended use of the controlled Entities that destroy CBM, as with quantities of other chemicals produced substance, an export license from the other class I controlled substances, must within each facility and quantities of appropriate government agency in the submit a one-time report stating the inputs used in the production of country of export, and certification of destruction unit’s efficiency and the controlled substances; and (iii) the accuracy of the information methods used to determine destruction shipments of controlled substances included in the petition. efficiency and to record the volume produced at each facility. These entities Entities that import CBM are also destroyed. Changes to these methods must, in addition, submit a quarterly subject to the standard recordkeeping must be reported within 60 days of the report identifying quarterly production and reporting requirements for change. The report must also include amounts and amounts sold, transferred, importers of class I substances. These names of other regulations applicable to or exported (and specifying amounts include the requirement to maintain the destruction process. Such entities transformed or destroyed by the detailed records of the quantity of each must also provide the producer or producer or recipient), with appropriate controlled substance, including importer from whom they purchased or verifications; and a list of the essential- information and documentation received the controlled substances with use (including laboratory essential use) pertaining to the amounts that may be a verification that controlled substances allowance holders from whom orders in mixtures, that are used, recycled or will be used in processes that result in were placed and the quantity of reclaimed, that are for use or sold for their destruction. Destroyers of class I essential-use controlled substances use in processing resulting in their controlled substances must also report requested and produced, with transformation or destruction, and that the names and quantities of class I appropriate verifications. See 40 CFR are imported for essential uses; and controlled substances destroyed for each part 82, subpart A (§ 82.13) for the including documentation and/or control period within 45 days of the end complete reporting and recordkeeping certification relating to port of entry, of the control period. See 40 CFR part requirements. country from which the substance was 82, subpart A (§ 82.13) for the complete imported, bill of lading, the U.S. (b) Importers reporting and recordkeeping customs entry form, and intended use of requirements. According to EPA’s existing the imported substance. Such entities requirements for ODSs, a person may must also submit to EPA a quarterly (e) Transformers import a used class I controlled report summarizing the records Entities that transform CBM, as for substance if they comply with the described above and including other class I controlled substances, must petition process described in 40 CFR certifications regarding the intended use provide the producer or importer of the 82.4(j), 40 CFR 82.13(g)(2), and (3), and of controlled substances (e.g., controlled substances the IRS the revisions to this process published transformation, destruction, essential certification that the controlled in a final rule in the Federal Register on uses). In the case of imports of used substances are to be used in processes December 31, 2002 (67 FR 79861), (including recycled or reclaimed) resulting in their transformation, and entitled ‘‘Protection of Stratospheric controlled substances, or heels of report the names and quantities of class Ozone: Additional Reconsideration of controlled substances, bills of lading or I controlled substances transformed for Petition Criteria and Incorporation of invoices must be labeled, indicating that each control period within 45 days of

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the end of the control period. See 40 for complete reporting and (4) Raise novel legal or policy issues CFR part 82, subpart A (§ 82.13) for the recordkeeping requirements. arising out of legal mandates, the complete reporting and recordkeeping President’s priorities, or the principles V. What Other Stratospheric Protection requirements. set forth in the Executive Order. Regulations Will Relate to CBM It has been determined that this rule (f) Transhipments and Heels Following Today’s Action? is not a ‘‘significant regulatory action’’ Entities that bring back a container A regulation originally published on under the terms of Executive Order with a heel of CBM to the United States February 11, 1993 (58 FR 8136) and 12866 and is therefore not subject to must report quarterly the amount amended at 60 FR 4020 (January 19, OMB review. brought into the United States, 1995) establishes requirements B. Paperwork Reduction Act certifying that the residual amount in pertaining to labeling of products The information collection each shipment is less than 10% of the containing or made with ozone- requirements in this rule have been volume of the container and will remain depleting substances. The text of that approved by the Office of Management in the container and be included in a regulation (as well as Fact Sheets about and Budget (OMB) (OMB Control future shipment, be recovered and it) can be found at the following Web Number 2060–0170) under the transformed or destroyed, or be site: http://www.epa.gov/ozone/title6/ Paperwork Reduction Act, 44 U.S.C. recovered for a non-emissive use. They labeling/labeling.html. The labeling 3501 et seq. An Information Collection must also report on the final disposition requirements apply to products Request (ICR) document has been of each shipment within 45 days of the manufactured with, containers of, and prepared by EPA (ICR No. 1432.22) and end of the control period. Entities that products containing specific ozone- a copy may be obtained from Susan transship a controlled substance must depleting substances pursuant to section 611 of the CAA. Specifically, the Auby by mail at Collection Strategies maintain records that indicate that the Division; U.S. Environmental Protection controlled substance shipment regulations require products that are manufactured with a process using a Agency (2822T); 1200 Pennsylvania originated in a foreign country destined Ave., NW., Washington, DC 20460, by for another foreign country, and does class I substance; products containing a class I substance; and containers of a email at auby.susan @epa.gov, or by not enter interstate commerce with the calling (202) 566–1672. A copy may also United States. class I or class II (hydrochlorofluorocarbons (HCFCs)) be downloaded off the Internet at (g) Laboratory Essential Uses substance or mixture to bear a ‘‘clearly http://www.epa.gov/icr. As explained in EPA’s ICR document, legible and conspicuous’’ warning CBM that is to be used in laboratory EPA’s Office of Air and Radiation is statement. Manufacturers, distributors, applications is exempted from the ban revising the previously approved wholesalers, and retailers of products in the same manner that all other Class information collection by the same manufactured with, containers of, and I ODSs are exempted for laboratory uses. title.2 Today’s action imposes new products containing CBM are therefore Laboratory distributors who sell CBM recordkeeping and reporting required to comply with the labeling under this exemption are subject to the requirements associated with the requirements which would become reporting requirements outlined in 40 production, import, export, recycling, CFR part 82, subpart A (§ 82.13). These applicable to CBM one year after its destruction, transhipment, and reporting requirements are as follows: final listing as a class I ODS; See 40 CFR feedstock use of CBM. Specifically, Laboratory distributors/suppliers must part 82, subpart E. producers, importers, and exporters will report quarterly the quantity received of VI. Statutory and Executive Order be required to submit to EPA quarterly each class I controlled substance from Reviews reports of the quantity of CBM in each each producer or importer. Distributors of their transactions; they will also be must also keep on record certifications A. Executive Order 12866: Regulatory required to report the quantity of CBM from customers who purchase CBM (or Planning and Review transformed or destroyed. Producers, any Class I ODS) stating that the CBM Under Executive Order 12866 (58 FR importers, and exporters of CBM must will only be used in laboratory 51735, October 4, 1993), the Agency also maintain records such as Customs applications defined in 40 CFR part 82, must determine whether this regulatory entry forms, bills of lading, sales subpart A (§ 82.13), appendix G. action is ‘‘significant’’ and therefore records, and canceled checks to support (Laboratory customers purchasing a subject to OMB review and the their quarterly reports. The quarterly controlled substance under the global requirements of the Executive Order. reports may be faxed or mailed to EPA, laboratory essential-use exemption must The Order defines a ‘‘significant’’ where they will be handled as provide the producer, importer or regulatory action as one that is likely to confidential business information. EPA distributor with a one-time-per-year result in a rule that may: will store the submitted information in certification for each controlled (1) Have an annual effect on the a computerized database designed to substance that the substance will only economy of $100 million or more, or track production, import, and export be used for laboratory applications and adversely affect in a material way the balances and transfer activities. EPA is not be resold or used in manufacturing). economy, a sector of the economy, currently exploring the possibility of Distributors must report quarterly the productivity, competition, jobs, the having reports filed and submitted to quantity of the controlled substance environment, public health or safety, or the Agency over a secure Web site. If purchased by each laboratory customer. State, local, or tribal governments or If the controlled substances are only communities; 2 On March 5, 2001, the Office of Management sold as reference standards for (2) Create a serious inconsistency or and Budget (OMB) approved EPA’s request for the extension of approval of this ICR. The request for calibrating laboratory analytical otherwise interfere with an action taken extension was submitted by EPA on November 29, equipment, the distributor may write a or planned by another agency; 2000. With that approval, OMB stated that it letter to the EPA Administrator (3) Materially alter the budgetary ‘‘understands that EPA is in the process of developing several rules that would result in requesting permission to submit these impact of entitlements, grants, user fees, revisions to this collection * * * EPA will need to reports annually rather than quarterly. or loan programs or the rights and revise this collection as part of those rulemaking See 40 CFR part 82, subpart A (§ 82.13) obligations of recipients thereof; or processes.’’ This ICR revision is one such revision.

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and when electronic reporting would acquire, install, and utilize technology flexibility analysis in connection with occur, EPA would change its guidance and systems for the purposes of this final rule. EPA has also determined document and its ICR to indicate a collecting, validating, and verifying that this rule will not have a significant change in burden hours. EPA will use information, processing and economic impact on a substantial the information to ensure that the U.S. maintaining information, and disclosing number of small entities. For purposes maintains compliance with the Protocol and providing information; adjust the of assessing the impact of today’s rule requirements and to report annually to existing ways to comply with any on small entities, small entities are United Nations Environment previously applicable instructions and defined as: (1) A small business that is Programme the U.S. activity in CBM. requirements; train personnel to be able identified by the North American to respond to a collection of EPA will store the submitted Industry Classification System (NAICS) information; search data sources; information in a computer system code, in the Table below; (2) a small designed to track production, import, complete and review the collection of information; and transmit or otherwise governmental jurisdiction that is a and export balances and transfer government of a city, county, town, activities. EPA estimates that the disclose the information. An Agency may not conduct or school district or special district with a information collection will involve population of less than 50,000; and (3) approximately 133 respondents: 2 sponsor, and a person is not required to a small organization that is any not-for- producers, 2 exporters, 8 importers, 100 respond to, a collection of information profit enterprise which is independently laboratory certifiers, 8 transformers and unless it displays a currently valid OMB owned and operated and is not destroyers, 6 essential use allowance control number. The OMB control holders, 2 laboratory suppliers, and 5 numbers for EPA’s regulations are listed dominant in its field. The size standards laboratory suppliers (reference in 40 CFR part 9 and 48 CFR chapter 15. described in this section apply to all standards). The total annual industry Comments were requested on the Small Business Administration (SBA) burden and cost are estimated at 2,580 Agency’s need for this information, the programs unless otherwise specified. hours and $201,350, of which $3,000 are accuracy of the provided burden The size standards themselves are estimates, and any suggested methods annual operating and maintenance expressed either in number of for minimizing respondent burden, (O&M) costs. employees or annual receipts in including through the use of automated millions of dollars, unless otherwise Burden means the total time, effort, or collection techniques. No comments specified. The number of employees or financial resources expended by persons were received. to generate, maintain, retain, or disclose annual receipts indicates the maximum or provide information to or for a C. Regulatory Flexibility Act allowed for a concern and its affiliates Federal agency. This includes the time EPA has determined that it is not to be considered small. needed to review instructions; develop, necessary to prepare a regulatory

SIC small business size standard Category SIC code NAICS code (in number of employees or millions of dollars)

1. Industrial organic chemicals, NEC ...... 2869 ...... 325199 1,000 2. Pharmaceutical preparations ...... 2834 ...... 325412 750 3. Pesticides and agricultural chemicals, NEC ...... 2879 ...... 32532 500 4. Chemicals and allied products, NEC ...... 5169 ...... 42269 100 5. Testing laboratories, except veterinary testing labs ...... 8734 ...... 54138 $5.0 6. Medical and diagnostic laboratories ...... 8071 ...... 6215 $5.0 7. Research and development in the physical, engineering and life sciences ...... 8731 and 8733 54171 $5.0

After considering the economic There are only 2 known producers of that 80–85% of their imports are for impacts of today’s final rule on small CBM in the United States. These are transformation. Thus, the impacts of entities, EPA has concluded that this large, multinational corporations and today’s action on CBM importers will action will not have a significant not small entities. In addition, informal also be limited (providing that import is economic impact on a substantial discussions with these producers from countries that are Parties to or in number of small entities. The only small indicate that virtually all of their CBM compliance with the Beijing entities that will be impacted by the production is for customers who Amendments). recordkeeping and reporting transform CBM; this production is not Although this final rule will not have requirements of this rule are subject to the CBM phaseout a significant economic impact on a laboratories. We have determined that implemented by today’s action. substantial number of small entities, about 100 laboratories (only a portion of Regarding import, EPA records EPA nonetheless has tried to reduce the which are owned by small entities) will indicate that during the years 1995– impact of this rule on small entities. experience an annual estimated impact 1999 (the years for which data were Laboratories will only be required to of $7,688 due to the reporting and available), 22 companies had imported certify purchases of CBM one time per recordkeeping requirements described CBM during one or more years. Of these, year, in which they must indicate their in 40 CFR part 82, subpart A (§ 82.13). 16 had imported CBM in only one of the use of CBM will only be used for In addition to the recordkeeping and 5 years of record. Informal discussions laboratory or analytical purposes and reporting requirements, today’s action with the primary importer (responsible identify the specific use to which the bans the production and import of CBM. for 77% of the imported CBM) indicate substance will be put. This requirement

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is to ensure proper use of exempted timely input in the development of EPA power and responsibilities among the production and import and allow the regulatory proposals with significant various levels of government.’’ U.S. to report specific information to the Federal intergovernmental mandates, This final rule will not have Montreal Protocol under Annex II of and informing, educating, and advising federalism implications. It will not have Decision VI/9. EPA received no small governments on compliance with substantial direct effects on the States, comment on the NPRM (67 FR 65916, the regulatory requirements. on the relationship between the national 10/29/02) regarding impact on EPA has determined that this rule government and the States, or on the laboratories. does not contain a Federal mandate that distribution of power and EPA conducted outreach to consult may result in expenditures of $100 responsibilities among the various with and notified the potentially million or more for State, local, and levels of government, as specified in affected community of today’s action. tribal governments, in the aggregate, or Executive Order 13132. EPA sent letters on February 28, 2001, the private sector in any one year. Today’s rule is expected to primarily and again on April 25, 2000, to all Today’s ban on production and import affect private sector entities that either importers for which addresses could be is expected to have minimal economic produce, import, export, transform, or found, as well as other identified impact because production and import use or supply CBM for laboratory entities that may be impacted by this for feedstock uses (which represent the purposes. EPA is not aware of any rule, notifying them of EPA’s majority of current production and current uses of CBM by public sector anticipated implementation of the 1999 import uses) are exempt from the ban. entities. Thus, Executive Order 13132 Beijing Amendments to the Montreal Furthermore, CBM use has been largely does not apply to this rule. Protocol, including the ban on curtailed by prior environmental and F. Executive Order 13175: Consultation production and import, and new safety regulations in the fire protection, recordkeeping and reporting and Coordination with Indian Tribal explosion suppression, and solvent Governments requirements. EPA received no adverse sectors. Therefore the ban of CBM is not concern by any recipient of the letters. expected to significantly affect the Executive Order 13175, entitled ‘‘Consultation and Coordination with D. Unfunded Mandates Reform Act regulated community. Indian Tribal Governments’’ (65 FR Based upon research and information Title II of the Unfunded Mandates 67249, November 9, 2000), requires EPA available to EPA at this time, EPA Reform Act of 1995 (UMRA), Public to develop an accountable process to understands that the regulated Law 104–4, establishes requirements for ensure ‘‘meaningful and timely input by community directly impacted by today’s Federal agencies to assess the effects of tribal officials in the development of action is restricted in size. Potentially their regulatory actions on State, local, regulatory policies that have tribal regulated entities include entities that and tribal governments and the private implications.’’ sector. produce, export, or import CBM; entities This final rule does not have tribal Under section 202 of the UMRA, EPA that use CBM in a process that results implications, as specified in Executive generally must prepare a written in its transformation or destruction; Order 13175. It will not have substantial statement, including a cost-benefit entities that are laboratory suppliers of direct effects on tribal governments, on analysis, for proposed and final rules CBM; and entities with laboratory uses the relationship between the Federal with ‘‘Federal mandates’’ that may of CBM. For all of these entities, there government and Indian tribes, or on the result in expenditures to State, local, would be new recordkeeping and distribution of power and and tribal governments, in the aggregate, reporting requirements imposed by responsibilities between the Federal or to the private sector, of $100 million today’s action, but these are estimated to government and Indian tribes, as or more in any one year. Before be minimal (approximately a total for specified in Executive Order 13175. promulgating an EPA rule for which a the industry of $200,000 per year; see Today’s rule is expected to primarily written statement is needed, section 205 VII.B. for explanation of this estimate). affect private sector entities that either of the UMRA generally requires EPA to Thus, today’s rule is not subject to the produce, import, export, transform, or identify and consider a reasonable requirements of sections 202 or 205 of use or supply CBM for laboratory number of regulatory alternatives and the UMRA. EPA has also determined purposes. EPA is not aware of any adopt the least costly, most cost- that this rule contains no regulatory current uses of CBM by tribal effective or least burdensome alternative requirements that might significantly or governments or their communities. that achieves the objectives of the rule. uniquely affect small governments; Thus, Executive Order 13175 does not The provisions of section 205 do not therefore, we are not required to apply to this rule. apply when they are inconsistent with develop a plan with regard to small In the spirit of Executive Order 13175, applicable law. Moreover, section 205 governments under section 203. and consistent with EPA policy to allows EPA to adopt an alternative other E. Executive Order 13132: Federalism promote communications between EPA than the least costly, most cost-effective and tribal governments, EPA or least burdensome alternative if the Executive Order 13132, entitled specifically solicited additional Administrator publishes with the final ‘‘Federalism’’ (64 FR 43255, August 10, comment on this rule from tribal rule an explanation why that alternative 1999), requires EPA to develop an officials. No comments were received. was not adopted. accountable process to ensure Before EPA establishes any regulatory ‘‘meaningful and timely input by State G. Executive Order 13045: Protection of requirements that may significantly or and local officials in the development of Children From Environmental Health uniquely affect small governments, regulatory policies that have federalism and Safety Risks including tribal governments, it must implications.’’ ‘‘Policies that have Executive Order 13045: ‘‘Protection of have developed under section 203 of the federalism implications’’ is defined in Children from Environmental Health UMRA a small government agency plan. the Executive Order to include Risks and Safety Risks’’ (62 FR 19885, The plan must provide for notifying regulations that have ‘‘substantial direct April 23, 1997) applies to any rule that: potentially affected small governments, effects on the States, on the relationship (1) Is determined to be ‘‘economically enabling officials of affected small between the national government and significant’’ as defined under Executive governments to have meaningful and the States, or on the distribution of Order 12866, and (2) concerns an

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environmental health or safety risk that J. Congressional Review Act ■ 3. Section 82.4 is amended by: ■ EPA has reason to believe may have a The Congressional Review Act, 5 a. Revising the first sentence of disproportionate effect on children. If U.S.C. 801 et seq., as added by the Small paragraph (b), ■ the regulatory action meets both criteria, Business Regulatory Enforcement b. Revising the first sentence of the Agency must evaluate the Fairness Act of 1996, generally provides paragraph (d), ■ environmental health or safety effects of that before a rule may take effect, the c. Adding paragraph (l)(5). the planned rule on children, and agency promulgating the rule must The revisions and addition read as explain why the planned regulation is submit a rule report, which includes a follows: preferable to other potentially effective copy of the rule, to each House of the § 82.4 Prohibitions. and reasonably feasible alternatives Congress and to the Comptroller General * * * * * considered by the Agency. of the United States. EPA will submit a (b) Effective January 1, 1996, for any EPA interprets Executive Order 13045 report containing this rule and other class I, Group I, Group II, Group III, as applying only to those regulatory required information to the U.S. Senate, Group IV, Group V, or Group VII actions that are based on health or safety the U.S. House of Representatives, and controlled substances, and effective risks, such that the analysis required the Comptroller General of the United January 1, 2005, for any class I, Group under section 5–501 of the Order has States prior to publication of the rule in VI controlled substance, and effective the potential to influence the regulation. the Federal Register. A major rule August 18, 2003, for any class I, Group This final rule is not subject to the cannot take effect until 60 days after it VIII controlled substance, no person Executive Order because it is not is published in the Federal Register. may produce, at any time in any control economically significant as defined in This action is not a ‘‘major rule’’ as period, (except that are transformed or Executive Order 12866, and because the defined by 5 U.S.C. 804(2). This rule destroyed domestically or by a person of Agency does not have reason to believe will be effective October 16, 2003. another Party) in excess of the amount the environmental health or safety risks List of Subjects in 40 CFR Part 82 of conferred unexpended essential-use addressed by this action present a allowances or exemptions under this disproportionate risk to children. This Environmental protection, section, or the amount of unexpended rule implements an obligation of the Administrative practice and procedure, Article 5 allowances as allocated under United States to implement fully the Air pollution control, Chemicals, § 82.9 for that substance held by that provisions of the Montreal Protocol and Exports, Government procurement, person under the authority of this is not directly based on health or safety Imports, Labeling, Reporting and subpart at that time for that control risks. recordkeeping requirements . period. *** Dated: July 11, 2003. H. Executive Order 13211: Action That Christine Todd Whitman, * * * * * Significanty Energy Supply, (d) Effective January 1, 1996, for any Acting Administrator. Distribution, or Use class I, Group I, Group II, Group III, ■ For reasons set out in the preamble, 40 This rule is not subject to Executive Group IV, Group V, or Group VII CFR part 82 is amended as follows: Order 13211, ‘‘Actions Concerning controlled substances, and effective Regulations that Significantly Affect January 1, 2005, for any class I, Group PART 82—PROTECTION OF VI controlled substance, and effective Energy Supply, Distribution, or Use,’’ STRATOSPHERIC OZONE (66 FR 28355 (May 22, 2001)) because August 18, 2003, for any class I, Group it is not a significant regulatory action ■ 1. The authority citation for part 82 VIII controlled substance, no person under Executive Order 12866. continues to read as follows: may import (except for transhipments or heels), at any time in any control period, I. National Technology Transfer Authority: 42 U.S.C. 7414, 7601, 7671– 7671q. (except for controlled substances that Advancement Act are transformed or destroyed) in excess As noted in the proposed rule, section Subpart A—Production and of the amount of unexpended essential- 12(d) of the National Technology Consumption Controls use allowances or exemptions as allocated under this section for that Transfer and Advancement Act of 1995 ■ 2. Section 82.3 is amended by: substance held by that person under the (‘‘NTTAA’’), Public Law 104–113, ■ a. Adding in alphabetical order the authority of this subpart at that time for section 12(d) (15 U.S.C. 272 note) definition of Beijing Amendments. directs EPA to use voluntary consensus ■ b. Revising the last sentence in the that control period. * * * standards in its regulatory activities definition of Controlled substances. * * * * * unless to do so would be inconsistent The revision and addition read as (l) * * * with applicable law or otherwise follows: (5) Import or export any quantity of a impractical. Voluntary consensus controlled substance listed in Class I, standards are technical standards (e.g., § 82.3 Definitions. Group VIII, in appendix A to this materials specifications, test methods, * * * * * subpart, from or to any foreign state not sampling procedures, and business Beijing Amendments means the Party to the Beijing Amendments (as practices) that are developed or adopted Montreal Protocol, as amended at the noted in appendix C, Annex 1, to this by voluntary consensus standards Eleventh Meeting of the Parties to the subpart), unless that foreign state is bodies. The NTTAA directs EPA to Montreal Protocol in Beijing in 1999. complying with the Beijing provide Congress, through OMB, * * * * * Amendments (as noted in appendix C, explanations when the Agency decides Controlled substance * * * Class I Annex 2, to this subpart). not to use available and applicable substances are further divided into eight * * * * * voluntary consensus standards. This groups, Group I, Group II, Group III, ■ 4. Section 82.13 is amended by: action does not involve technical Group IV, Group V, Group VI, Group ■ a. Revising paragraph (a). standards. Therefore, EPA did not VII, and Group VIII, as set forth in ■ b. Revising paragraph (f)(1) consider the use of any voluntary appendix A to this subpart. introductory text. consensus standards. * * * * * The revisions read as follows:

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§ 82.13 Recordkeeping and reporting substances, every producer who has not Appendix C to Subpart A of Part 82— requirements. already done so must submit to the Parties to the Montreal Protocol, and (a) Unless otherwise specified, the Administrator a report describing: Nations Complying With, But Not recordkeeping and reporting * * * * * Parties to, the Protocol requirements set forth in this section ■ 5. Appendix A to subpart A is Annex 1 to Appendix C of Subpart A— take effect on January 1, 1995. For class amended by adding paragraph H to read Parties to the Montreal Protocol (as of I, Group VIII controlled substances, the as follows: April 11, 2003) recordkeeping and reporting requirements set forth in this section Appendix A to Subpart A of Part 82— The check mark [✓] means the take effect on August 18, 2003. Class 1 Controlled Substances particular country ratified the Protocol * * * * * Class 1 controlled substances ODP or the specific Amendment package. (f) * * * Amendment packages are identified by (1) Within 120 days of May 10, 1995, * * * * * the name of the city where the or within 120 days of the date that a H. Group VIII: amendment package was negotiated and producer first produces a class I CH2BrCl (Chlorobromomethane agreed. Updated lists of Parties to the controlled substance, whichever is later, 0.12 Protocol and the Amendments can be and within 120 days of July 18, 2003 for ■ 6. Appendix C to subpart A is revised located at: www.unep.org/ozone/ class I, Group VIII controlled to read as follows: ratif.shtml.

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Albania ...... ✓ ...... Algeria ...... ✓✓✓...... Angola ...... ✓ ...... Antigua and Barbuda ...... ✓✓✓ ✓...... Argentina ...... ✓✓✓ ✓...... Armenia ...... ✓ ...... Australia ...... ✓✓✓ ✓...... Austria ...... ✓✓✓ ✓...... Azerbaijan ...... ✓✓✓ ✓...... Bahamas ...... ✓✓✓...... Bahrain ...... ✓✓✓ ✓...... Bangladesh ...... ✓✓✓ ✓...... Barbados ...... ✓✓✓✓✓ Belarus ...... ✓✓ ...... Belgium ...... ✓✓✓ ...... Belize ...... ✓✓✓ ...... Benin ...... ✓✓✓ ...... Bolivia ...... ✓✓✓ ✓...... Bosnia and Herzegovina ...... ✓ ...... Botswana ...... ✓✓✓...... Brazil ...... ✓✓✓...... Brunei Darussalam ...... ✓ ...... Bulgaria ...... ✓✓✓✓✓ Burkina Faso ...... ✓✓✓✓✓ Burundi ...... ✓✓✓✓✓ Cambodia ...... ✓ ...... Cameroon ...... ✓✓✓...... Canada ...... ✓✓✓✓✓ Cape Verde ...... ✓✓✓ ✓...... Central African Republic ...... ✓ ...... Chad ...... ✓✓✓ ✓...... Chile ...... ✓✓✓✓✓ China ...... ✓✓...... Colombia ...... ✓✓✓...... Comoros ...... ✓✓✓✓✓ Congo ...... ✓✓✓✓✓ Congo, Democratic Republic of ...... ✓✓✓...... Costa Rica ...... ✓✓✓...... Cote d’Ivoire ...... ✓✓...... Croatia ...... ✓✓✓✓✓ Cuba ...... ✓✓✓...... Cyprus ...... ✓✓...... Czech Republic ...... ✓✓✓✓✓ Denmark ...... ✓✓✓...... Djibouti ...... ✓✓✓ ✓...... Dominica ...... ✓✓...... Dominican Republic ...... ✓✓✓...... Ecuador ...... ✓✓✓...... Egypt ...... ✓✓✓ ✓...... El Salvador ...... ✓✓✓ ✓...... Equatorial Guinea ...... Estonia ...... ✓✓✓ ✓......

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Montreal London Copenhagen Montreal Beijing Foreign State protocol amendment amendments amendments amendments

Ethiopia ...... ✓ ...... European Community ...... ✓✓✓✓✓ Federated States of Micronesia ...... ✓✓✓✓✓ Fiji ...... ✓✓✓...... Finland ...... ✓✓✓✓✓ France ...... ✓✓✓...... Gabon ...... ✓✓✓✓✓ Gambia ...... ✓✓...... Georgia ...... ✓✓✓ ✓...... Germany ...... ✓✓✓✓✓ Ghana ...... ✓✓✓...... Greece ...... ✓✓✓...... Grenada ...... ✓✓✓ ✓...... Guatemala ...... ✓✓✓✓✓ Guinea ...... ✓✓...... Guinea Bissau ...... ✓✓✓✓✓ Guyana ...... ✓✓✓ ✓...... Haiti ...... ✓✓✓ ✓...... Honduras ...... ✓✓✓...... Hungary ...... ✓✓✓✓✓ Iceland ...... ✓✓✓ ✓...... India ...... ✓✓✓✓✓ Indonesia ...... ✓✓✓...... Iran, Islamic ...... ✓✓✓ ✓...... Ireland ...... ✓✓✓...... Israel ...... ✓✓✓...... Italy ...... ✓✓✓ ✓...... Jamaica ...... ✓✓✓...... Japan ...... ✓✓✓✓✓ Jordan ...... ✓✓✓✓✓ Kazakhstan ...... ✓✓...... Kenya ...... ✓✓✓ ✓...... Kiribati ...... ✓ ...... Korea, Democratic People’s Republic of ...... ✓✓✓✓✓ Korea, Republic of ...... ✓✓✓ ✓...... Kuwait ...... ✓✓✓...... Kyrgyzstan ...... ✓ ...... Lao, People’s Democratic Republic ...... ✓ ...... Latvia ...... ✓✓✓ ✓...... Lebanon ...... ✓✓✓ ✓...... Lesotho ...... ✓ ...... Liberia ...... ✓✓✓...... Libyan Arab Jamahiriya ...... ✓✓...... Liechtenstein ...... ✓✓✓...... Lithuania ...... ✓✓✓...... Luxembourg ...... ✓✓✓✓✓ Madagascar ...... ✓✓✓✓✓ Malawi ...... ✓✓✓...... Malaysia ...... ✓✓✓✓✓ Maldives ...... ✓✓✓✓✓ Mali ...... ✓✓✓ ✓...... Malta ...... ✓✓...... Marshall Islands ...... ✓✓✓ ✓...... Mauritania ...... ✓ ...... Mauritius ...... ✓✓✓✓✓ Mexico ...... ✓✓✓...... Moldova ...... ✓✓✓...... Monaco ...... ✓✓✓✓✓ Mongolia ...... ✓✓✓ ✓...... Morocco ...... ✓✓✓...... Mozambique ...... ✓✓✓...... Myanmar ...... ✓✓...... Namibia ...... ✓✓...... Nauru ...... ✓ ...... Nepal ...... ✓✓...... Netherlands ...... ✓✓✓✓✓ New Zealand ...... ✓✓✓✓✓ Nicaragua ...... ✓✓✓...... Niger ...... ✓✓✓ ✓...... Nigeria ...... ✓✓✓ ✓...... Norway ...... ✓✓✓✓✓ Oman ...... ✓✓✓...... Pakistan ...... ✓✓✓......

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Palau ...... ✓✓✓✓✓ Panama ...... ✓✓✓✓✓ Papua New Guinea ...... ✓✓...... Paraguay ...... ✓✓✓ ✓...... Peru ...... ✓✓✓...... Philippines ...... ✓✓✓...... Poland ...... ✓✓✓ ✓...... Portugal ...... ✓✓✓...... Qatar ...... ✓✓✓...... Romania ...... ✓✓✓ ✓...... Russian Federation ...... ✓✓...... Rwanda ...... ✓ ...... Saint Kitts & Nevis ...... ✓✓✓ ✓...... Saint Lucia ...... ✓✓✓✓✓ Saint Vincent and the Grenadines ...... ✓✓✓...... Samoa ...... ✓✓✓✓✓ Sao Tome and Principe ...... ✓✓✓✓✓ Saudi Arabia ...... ✓✓✓...... Senegal ...... ✓✓✓ ✓...... Seychelles ...... ✓✓✓✓✓ Sierra Leone ...... ✓✓✓✓✓ Singapore ...... ✓✓✓ ✓...... Slovakia ...... ✓✓✓✓✓ Slovenia ...... ✓✓✓✓✓ Solomon Island ...... ✓✓✓ ✓...... Somalia ...... ✓✓✓✓✓ South Africa ...... ✓✓✓...... Spain ...... ✓✓✓✓✓ Sri Lanka ...... ✓✓✓✓✓ Sudan ...... ✓✓✓...... Suriname ...... ✓ ...... Swaziland ...... ✓ ...... Sweden ...... ✓✓✓✓✓ Switzerland ...... ✓✓✓✓✓ Syrian Arab Republic ...... ✓✓✓ ✓...... Tajikistan ...... ✓✓...... Tanzania, United Republic of ...... ✓✓✓✓✓ Thailand ...... ✓✓✓...... The Former Yugoslav Republic of Macedonia ...... ✓✓✓✓✓ Togo ...... ✓✓✓✓✓ Tonga ...... ✓ ...... Trinidad and Tobago ...... ✓✓✓ ✓...... Tunisia ...... ✓✓✓ ✓...... Turkey ...... ✓✓✓...... Turkmenistan ...... ✓✓...... Tuvalu ...... ✓✓✓ ✓...... Uganda ...... ✓✓✓ ✓...... Ukraine ...... ✓✓✓...... United Arab Emirates ...... ✓ ...... United Kingdom ...... ✓✓✓✓✓ United States of America ...... ✓✓✓...... Uruguay ...... ✓✓✓ ✓...... Uzbekistan ...... ✓✓✓...... Vanuatu ...... ✓✓✓...... Venezuela ...... ✓✓✓ ✓...... Viet Nam ...... ✓✓✓...... Yemen ...... ✓✓✓ ✓...... Yugoslavia ...... ✓ ...... Zambia ...... ✓✓...... Zimbabwe ...... ✓✓✓......

Annex 2 to Appendix C of Subpart A— ■ a. Removing entries F and G, Appendix F to Subpart A—Listing of Nations Complying With, But Not ■ b. Under A. Class I: by adding entries Ozone Depleting Chemicals Parties to, the Protocol [Reserved] 6, 7, and 8. ■ 7. Appendix F to subpart A is amended The additions read as follows: by:

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Controlled substance ODP AT L CLP BLP

A. Class I

******* 6. Group VI: CH3Br-Bromomethane (Methyl Bromide) ...... 0.7 ...... [Reserved] ...... 7. Group VII: CHFBr2- ...... 1.00 ...... [Reserved] ...... CHF2Br-(HBFC–22B1) ...... 0.74 ...... [Reserved] ...... CH2FBr ...... 0.73 ...... [Reserved] ...... C2HFBr4 ...... 0.3–0.8 ...... [Reserved] ...... C2HF2Br3 ...... 0.5–1.8 ...... [Reserved] ...... C2HF3Br2 ...... 0.4–16 ...... [Reserved] ...... C2HF4Br ...... 0.7–1.2 ...... [Reserved] ...... C2H2FBr3 ...... 0.1–1.1 ...... [Reserved] ...... C2H2F2Br2 ...... 0.2–1.5 ...... [Reserved] ...... C2H2F3Br ...... 0.7–1.6 ...... [Reserved] ...... C2H3FBr2 ...... 0.1–1.7 ...... [Reserved] ...... C2H3F2Br ...... 0.2–1.1 ...... [Reserved] ...... C2H4FBr ...... 0.07–0.1 ...... [Reserved] ...... C3HFBr6 ...... 0.3–1.5 ...... [Reserved] ...... C3HF2Br5 ...... 0.2–1.9 ...... [Reserved] ...... C3HF3Br4 ...... 0.3–1.8 ...... [Reserved] ...... C3HF4Br3 ...... 0.5–2.2 ...... [Reserved] ...... C3HF5Br2 ...... 0.9–2.0 ...... [Reserved] ...... C3HF6Br ...... 0.7–3.3 ...... [Reserved] ...... C3H2FBr5 ...... 0.1–1.9 ...... [Reserved] ...... C3H2F2Br4 ...... 0.2–2.1 ...... [Reserved] ...... C3H2F3Br3 ...... 0.2–5.6 ...... [Reserved] ...... C3H2F4Br2 ...... 0.3–7.5 ...... [Reserved] ...... C3H2F5Br ...... 0.9–1.4 ...... [Reserved] ...... C3H3FBR4 ...... 0.08–1.9 ...... [Reserved] ...... C3H3F2Br3 ...... 0.1–3.1 ...... [Reserved] ...... C3H3F3Br2 ...... 0.1–2.5 ...... [Reserved] ...... C3H3F4Br ...... 0.3–4.4 ...... [Reserved] ...... C3H4FBr3 ...... 0.03–0.3 ...... [Reserved] ...... C3H4F2Br2 ...... 0.1–1.0 ...... [Reserved] ...... C3H4F3Br ...... 0.07–0.8 ...... [Reserved] ...... C3H5FBr2 ...... 0.04–0.4 ...... [Reserved] ...... C3H5F2Br ...... 0.07–0.8 ...... [Reserved] ...... C3H6FB ...... 0.02–0.7 ...... [Reserved] ...... 8. Group VIII: CH2BrCl (Chlorobromomethane) ...... 0.12 ...... [Reserved] ......

[FR Doc. 03–18154 Filed 7–17–03; 8:45 am] BILLING CODE 6560–50–U

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Part V

Environmental Protection Agency Announcement of Regulatory Determinations for Priority Contaminants on the Drinking Water Contaminant Candidate List; Notice

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ENVIRONMENTAL PROTECTION ADDRESSES: The official public docket Although not all docket materials may AGENCY for this action is located at EPA’s West be available electronically, you may still Building, Room B–102, 1301 access any of the publicly available [FRL–7529–2] Constitution Avenue, NW., Washington, docket materials through the docket Announcement of Regulatory DC. facility identified in section I.B.1. Once Determinations for Priority FOR FURTHER INFORMATION CONTACT: For in the system, select ‘‘search,’’ then key Contaminants on the Drinking Water copies of, and general information about in the appropriate docket identification Contaminant Candidate List this document or information about the number. nine contaminants discussed in this Abbreviations and Acronyms Used in AGENCY: Environmental Protection action, contact the Safe Drinking Water This Action Agency. Hotline. Callers within the United States ACTION: Notice. may reach the Hotline at (800) 426–4791 ATSDR Agency for Toxic Substances or its local number (703) 412–3330. The and Disease Registry SUMMARY: The Safe Drinking Water Act Hotline is open Monday through Friday, AWQC Ambient Water Quality Criteria (SDWA), as amended in 1996, directs excluding Federal holidays, from 9 a.m. CASRN Chemical Abstract Services the United States Environmental to 5:30 p.m., Eastern Time. For technical Registry Number Protection Agency (EPA) to publish a inquiries contact: Thomas Carpenter CCL Contaminant Candidate List list of contaminants (referred to as the (202) 564–4885, e-mail: CWS Community Water Supply Contaminant Candidate List, or CCL) to [email protected] or Harriet EPA U.S. Environmental Protection assist in priority-setting efforts for the Colbert, (202) 564–4698, e-mail: Agency Agency’s drinking water program. [email protected]. FDA U.S. Food and Drug SDWA also directs the Agency to select Administration SUPPLEMENTARY INFORMATION five or more contaminants every five FR Federal Register years from the current CCL and I. General Information g gram determine whether or not to regulate HRL Health reference level these contaminants with a National A. Does This Notice Apply to My Public Water System? IOC Inorganic compound Primary Drinking Water Regulation kg Kilogram (NPDWR). Today’s action does not impose any L Liter On June 3, 2002, EPA published requirements on anyone. Instead, it MCL Maximum contaminant level preliminary regulatory determinations notifies interested parties of EPA’s MCLG Maximum contaminant level for nine contaminants together with the responses to comments received on goal mg milligram determination process, rationale, and EPA’s preliminary determination and of MTBE Methyl-t-butyl ether supporting technical information for EPA’s final determination not to NDWAC National Drinking Water each contaminant to seek comment from regulate nine CCL contaminants. Advisory Council the public (67 FR 38222). The nine NIRS National Inorganic and contaminants include three inorganic B. How Can I Get Copies of Related Information? Radionuclide Survey compounds (IOCs) (manganese, sodium, NPDWR National Primary Drinking and sulfate); three synthetic organic 1. Docket. EPA has established an Water Regulation compounds (SOCs) (aldrin, dieldrin, official public docket for this action NRC National Research Council and metribuzin); two volatile organic under Docket ID No. OW–2002–0021. OPP Office of Pesticides Program compounds (VOCs) The official public docket is the ORD Office of Research and (hexachlorobutadiene and naphthalene); collection of materials that is available Development and one microbial contaminant, for public viewing at the Water Docket PWS Public Water System Acanthamoeba. EPA’s preliminary in the EPA Docket Center, (EPA/DC) RSC Relative Source Contribution determination was that no regulatory EPA West, Room B102, 1301 SAB Science Advisory Board action was appropriate for any of the Constitution Avenue, NW., Washington, SDWA Safe Drinking Water Act nine contaminants. DC. The EPA Docket Center Public SOC Synthetic organic compound EPA received 15 comments from Reading Room is open from 8:30 a.m. to TRI Toxic Release Inventory individuals or organizations on the 4:30 p.m., Monday through Friday, UCM Unregulated Contaminant preliminary regulatory determinations excluding legal holidays. The telephone Monitoring for the nine contaminants. The Agency number for the Public Reading Room is USEPA United States Environmental has reviewed these comments and, after (202) 566–1744, and the telephone Protection Agency careful consideration, decided that no number for the Water Docket is (202) USGS United States Geological Survey regulatory action is appropriate, at this 566–2426. VOC Volatile organic compound time, for the nine CCL contaminants 2. Electronic Access. You may access published in the June 2002 notice. this Federal Register document II. Background Regulation of the nine contaminants electronically through the EPA Internet A. What Is the Statutory Requirement would not present a meaningful under the ‘‘Federal Register’’ listings at for the Contaminant Candidate List? opportunity for health risk reduction for http://www.epa.gov/fedrgstr/. persons served by public water systems An electronic version of the public SDWA, as amended in 1996, directs (PWSs). docket is available through EPA’s EPA to publish a list of contaminants Today’s action describes the statutory electronic public docket and comment (referred to as the Contaminant requirements for the CCL, the analysis system, EPA Dockets. You may use EPA Candidate List, or CCL) to assist the EPA used to make the regulatory Dockets at http://www.epa.gov/edocket/ Agency in priority-setting efforts. The determinations, a summary of relevant to view public comments, access the CCL is a list of contaminants which are public comments with the Agency’s index listing of the contents of the not subject to any proposed or responses, a summary of the nine CCL official public docket, and to access promulgated NPDWRs, are known or contaminants, and the Agency’s those documents in the public docket anticipated to occur in PWSs, and may findings for each contaminant. that are available electronically. require regulation under SDWA.

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The first CCL was developed with precluded from monitoring, conducting National Drinking Water Advisory considerable input from the scientific research, developing guidance, or Council (NDWAC), and stakeholders. community and stakeholders. EPA regulating contaminants not included The regulatory determination approach published a draft CCL requesting public on the CCL as necessary and appropriate is largely based on the NDWAC comment on October 6, 1997 (62 FR (see SDWA sections 1412(b)(1)(B)(ii)(III) recommendations. For each of the nine 52193, USEPA 1997). The first final CCL and 1412(b)(1)(F)), or from taking action contaminants, EPA evaluated the best was published on March 2, 1998 (63 FR on CCL contaminants when information available peer reviewed data on health 10273, USEPA 1998). The SDWA becomes available. Thus, some effects, and approximately seven requires that a new CCL be published regulatory determinations may be made million analytical data points on every five years. EPA is currently before the end of the next regulatory contaminant occurrence. For those preparing the next CCL. The March determination cycle (i.e., August 2006). contaminants with adequate monitoring 1998 CCL contained 60 contaminants, methods, as well as health effects and B. What Contaminants Did EPA including 50 chemicals or chemical occurrence data, EPA applied an Consider for Regulation? groups and 10 microbiological approach in making regulatory contaminants or microbial groups. Many EPA published preliminary regulatory determinations that followed the of these contaminants lacked some of determinations in the June 3, 2002, NDWAC recommendations and the information necessary to support a edition of the Federal Register (67 FR complies with the SDWA requirements regulatory determination and were 38222, USEPA 2002a) for nine priority under Section 1412(b)(1)(A). In June identified in the March 1998 CCL notice contaminants that have sufficient 2002, EPA consulted with the Science (USEPA 1998) as having data needs. The information to support a regulatory Advisory Board (SAB) Drinking Water 60 CCL contaminants were divided into determination at this time. The nine Committee and requested its review and categories to represent research and data contaminants include three IOCs comment on whether the protocol EPA needs associated with each (manganese, sodium, and sulfate); three developed, based on the NDWAC contaminant. The categories were: (1) SOCs (aldrin, dieldrin, and metribuzin); recommendations, was consistently Regulatory determination priorities; (2) two VOCs (hexachlorobutadiene and applied and appropriately documented. health effects research priorities; (3) naphthalene); and one microbial The SAB provided verbal feedback treatment research priorities; (4) contaminant, Acanthamoeba. regarding the use of the NRC and analytical methods research priorities; Information for each of the nine CCL NDWAC recommendations in EPA’s and (5) occurrence priorities. contaminants is available in the EPA decision criteria for making its In 1998, 20 of the 60 contaminants Fact Sheet (USEPA 2002b), in the regulatory determinations, as well as its were classified as regulatory Health Effects Support Documents or interest in remaining involved in future determination priorities because EPA Drinking Water Advisories for each of regulatory determinations. SAB believed that, at that time, there was the nine CCL contaminants (2003a–h), recommended that the Agency provide sufficient data for these contaminants to and in the regulatory determination a transparent and clear explanation of evaluate both exposure and risk to support documents (USEPA 2001a–g). the process for making regulatory public health and to support a This information is available at the determinations. In today’s determination of whether or not to Water Docket (No. OW–2002–021) and announcement and in the proceed to promulgation of a NPDWR. is also available on EPA’s Safe Drinking documentation supporting this Since the March 1998 CCL, EPA found Water Regulatory Determination website announcement, the Agency has taken that there was insufficient information, at http://www.epa.gov/safewater/ccl/ the SAB recommendation into in the Agency’s judgement, to support a cclregdetermine.html. Brief descriptions consideration in explaining the regulatory determination for 12 of the 20 of each of the nine CCL contaminants evaluation process used to make today’s priority contaminants. In addition, the considered for regulatory regulatory determinations. CCL-contaminant, sodium, was determinations are included in section EPA characterized the human health reclassified and added to the list of V of this notice. effects that may result from exposure to regulatory determination priorities as a a contaminant found in drinking water. III. What Analyses Did EPA Use To means of reassessing the current Based on this characterization, EPA Make the Regulatory Determinations? guidance level for sodium. Thus, EPA is estimated a health reference level (HRL) now presenting regulatory The precepts for guiding EPA in or benchmark value for each determinations for nine priority making regulatory determinations for a contaminant. EPA has prepared Health contaminants that have sufficient drinking water contaminant are Effects Support Documents or Drinking information to support a regulatory included in Section 1412(b)(1)(A) of Water Advisories (USEPA 2002c and determination at this time. SDWA. This section of SDWA requires 2003a–g) for each contaminant, which The Agency however, continues to EPA to consider the following three are available at the EPA Water Docket conduct research and/or to collect evaluation criteria prior to making a and on-line at http://www.epa.gov/ occurrence information on the regulatory decision: (1) Potential edocket/. The support documents remaining 51 CCL contaminants. EPA adverse health effects from the address the following: Exposure from has been aggressively conducting contaminant; (2) occurrence of the drinking water and other media; research to fill in the data gaps and contaminant in PWSs with a frequency toxicokinetics; hazard identification; recognizes that stakeholders may have a and at levels of public health concern; dose-response assessment; and an particular interest in the timing of future and (3) whether regulation of the overall characterization of risk from regulatory determinations for other contaminant would present a drinking water. contaminants on the CCL. Stakeholders meaningful opportunity for health risk Using the Agency’s Unregulated may be concerned that regulatory reduction for persons served by PWSs. Contaminant Monitoring (UCM) determinations for such contaminants EPA developed a comprehensive program data and National Inorganic should not necessarily wait until the approach for making regulatory and Radionuclide Survey (NIRS) data, end of the next regulatory determination determinations with significant expert EPA estimated the number of PWSs and cycle. In this regard, it is important to input and recommendations suggested the population served by the PWSs at recognize that the Agency is not by the National Research Council (NRC), the benchmark values, and the

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geographic distribution, using a large A majority of the comments were the 60-day comment period was not amount of State occurrence data that are focused on five over-arching topic areas: adequate to allow ‘‘detailed analysis by generally indicative of national 1. Some commenters expressed interested stakeholders.’’ occurrence. The UCM data form part of concern over the transparency of the Other commenters, however, observed the Agency’s basis for its estimates of CCL decision-making process. that the CCL regulatory determination national occurrence since these data 2. Several industry groups expressed approach taken by EPA was ‘‘reliably provide occurrence information for a concern that the health effects consistent’’ with the basic charge of the several unregulated contaminants. The assessments were too conservative. SDWA and the NDWAC workgroup NIRS data provide a statistically 3. Several commenters expressed recommendations. Several commenters representative sample of the national concern with EPA’s progress in filling noted that, by EPA following the occurrence of many other unregulated research gaps related to the CCL and protocol recommended by the NDWAC and regulated inorganic contaminants in encouraged EPA to publicly track Work Group, stakeholders were assured ground water community water supplies research needs and progress on that the Agency used the ‘‘best- (CWSs). remaining CCL contaminants. available, peer-reviewed science’’ in EPA also employed other State 4. The majority of commenters these determinations. drinking water data, use and generally approved of EPA’s Agency Response: EPA developed a environmental release information (e.g., determination not to regulate any new consistent regulatory determination EPA’s Toxic Release Inventory (TRI), contaminants at this time. However, one approach for evaluating CCL academic and private sector commenter questioned the contaminants that followed NDWAC’s publications), as well as ambient water appropriateness of EPA’s decisions not recommended protocol for health effects quality data (i.e., source water existing to regulate any of the nine priority and occurrence analysis. The regulatory in surface waters and aquifers before contaminants. determination approach for each extraction and treatment as drinking 5. Several comments were received contaminant on the list included an water), to augment the UCM drinking regarding contaminants on the CCL for evaluation of the adequacy of current water data and to evaluate the which draft regulatory determinations analytical and treatment methods, the likelihood of contaminant occurrence. were not included in the June 2002 best available peer-reviewed data on EPA included, when available, data notice, including perchlorate and health effects, and an occurrence data from the U.S. Geological Survey’s methyl-t-butyl ether (MTBE). set of about seven million contaminant (USGS) National Water Quality A complete copy of the public occurrence data points. Assessment program. comments and the Agency’s responses By using this approach, EPA A detailed discussion of the data are included in the Docket for today’s determined that, at the time of the June collected and analyses for each action. The remainder of this section 2002 notice (USEPA 2002a) of contaminant can be found in the discusses the five key topic areas preliminary regulatory determinations respective regulatory determination identified by commenters in response to there was not sufficient information to support document. The regulatory the June 2002 CCL regulatory support a regulatory determination on determination support documents determination notice (USEPA 2002a). twelve of the twenty priority (USEPA 2001a–g) are available in the contaminants. As noted previously, the 1. Lack of Transparency of Regulatory EPA Water Docket. CCL-contaminant, sodium, was moved Determination Approach The underlying data and analysis to the list of regulatory determination supporting the findings used by the Comment Summary: Several priorities to allow an update of the Agency to make the regulatory commenters expressed a concern about Agency’s position on the issue of determinations are summarized in the the ‘‘lack of transparency’’ in the sodium in drinking water. June 2002 notice (USEPA 2002a). regulatory determination approach used The NDWAC, which is comprised of by the Agency for the June 2002 notice. representatives from the general public, IV. Summary of Public Comments and Most of those commenters suggested State and local agencies, and private the Agency’s Responses on the CCL that EPA did not provide an adequate groups concerned with drinking water Regulatory Determination Process explanation for the reduction in the safety, was convened to provide input The comment period on the June 3, number of the priority contaminants during the regulatory determination 2002, notice ended on August 2, 2002. from twenty to nine since the process. Throughout the regulatory EPA received 15 comments on the publication of the first CCL in March determination process, EPA’s approach preliminary regulatory determinations 1998 (USEPA 1998). These commenters has been to maintain a strong for the nine CCL contaminants suggested that the Agency needs to partnership with stakeholders and published by EPA in the June 2002 provide better justification regarding the involve them to the maximum extent notice (USEPA 2002a). Four comments reasons for excluding the twelve possible, thereby helping to ensure that were received from water systems and contaminants listed in the March 1998 stakeholders understand the regulatory related associations, seven from CCL from the regulatory determination determination process and provide industry groups, two from process. valuable input. environmental advocacy groups, one Several commenters suggested that The Agency agrees that a meaningful from a State agency and one from a this regulatory determination process opportunity for discussions with State-related association. Although most approach does not provide for enough stakeholders is an important component commenters generally approved of participation from outside groups for of the CCL Regulatory Determination EPA’s determination not to regulate any the development of non-regulatory process. The Agency utilized a variety new contaminants at this time, some strategies. These commenters suggested of mechanisms to involve stakeholders commenters expressed concerns about that the Agency should allow for more in the process. These included two the process associated with EPA’s meaningful public involvement in the broad-based stakeholder meetings, one regulatory determinations for these nine regulatory determination process. One in November 1999 and one in July 2002. contaminants, as well as with CCL commenter stated that, given the Members of the public also were invited activities not specifically related to the Agency’s analysis of occurrence and to attend the three sessions of the preliminary determinations. health effects data over several years, NDWAC Work Group in the Spring/

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Summer of 2000, which focused on The HRL used by EPA in these AWQC human health methodology if it protocol recommendations to the determinations is a conservative health- were appropriate. Agency. In addition, EPA based value and is different depending EPA did not use FDA’s sodium representatives delivered presentations on whether a contaminant is considered consumption data of 4 to 6 grams/day at a variety of meetings held by other a carcinogen or a noncarcinogen. For (g/day) in establishing a benchmark organizations. Moreover, EPA did ask carcinogens, a 10–6 risk was chosen as value for sodium. EPA decided to use a for and considered comments made on the HRL since the maximum benchmark value for sodium instead of the sodium and sulfate Drinking Water contaminant level goal (MCLG) for such an HRL because sodium lacks suitable Advisories during the comment period contaminants will generally be zero. For dose-response data and there is on the June 2002 notice (USEPA 2002a). noncarcinogens, the reference dose and considerable controversy regarding the The Agency believes the 60-day a 20 percent relative source contribution role of sodium in the etiology of public comment period for the June (RSC) factor was used in conjunction hypertension. EPA derived the 2002 notice (USEPA 2002a) was with a 70 kilogram (kg) adult body benchmark value for sodium of 120 mg/ sufficient. The Agency took steps to weight and a 2 liter (L) water intake for L in drinking water from the National facilitate public review of its the HRL calculation. EPA uses these Institutes of Health, National Academy preliminary decisions, as well as standard regulatory assumptions for of Sciences, American Heart supporting documentation. In addition determining the MCLG of a Association, and the U.S. Department of to the July 2002 stakeholder meeting, noncarcinogen that lacks specific data Agriculture recommended daily dietary these steps included making key on the RSC. EPA used best available intake of 2.4 g/day. materials available on the Agency’s peer reviewed data and analyses in 3. EPA Research Agenda website and providing hard copies of evaluating adverse health effects. Comment Summary: Several materials upon request. Accordingly, EPA disagrees with those commenters expressed concern that, in commenters that felt that EPA was too their view, there is a lack of progress by 2. Health Effects Assessments conservative in establishing the HRL. EPA in filling research gaps related to EPA followed practices and policies that Comment Summary: Some the CCL. In particular, commenters are similar to those used to establish an commenters suggested that EPA’s focused on high visibility contaminants, NPDWR and that are consistent with the analysis of adverse health effects and such as the microbiological SDWA section 1412(b)(1)(A)(i) criterion. calculation of the HRLs were too contaminants, MTBE, and other If such a conservative approach does not conservative. On the other hand, one ‘‘emerging contaminants.’’ Commenters result in EPA deciding to initiate a commenter questioned how the also stressed the need to establish a Agency’s analysis underlying the regulatory process for a contaminant, vehicle for publicly tracking research regulatory determination approach the Agency may decide to use a non- needs and progress made in research incorporated appropriate safety factors regulatory approach in addressing the areas. and exposure assessments relative to issue, such as issuing a Drinking Water Agency Response: Before EPA can children’s health concerns. Advisory. determine whether to regulate Commenters recommended that EPA Children’s health issues were contaminants, additional data on health, use the revised Office of Water considered in making regulatory treatment technologies, and analytical methodology for deriving ambient water determinations for each of the nine methods, are needed for contaminants quality criteria (AWQC), (USEPA 2000), contaminants included in this final on the Research Priorities portion of the in an effort to protect human health in notice. The details of the individual CCL, and occurrence data is needed for the final health effects support assessments are included in the Health contaminants on the Occurrence Data documents. According to the comments, Effects Support Documents or Drinking Needs portion of the CCL. The this revised methodology establishes Water Advisories for each contaminant. remaining 51 CCL contaminants for five different consumption rates and These documents are available for which decisions are not being made body weight classifications as a means review at the EPA Water Docket and on- today do not have sufficient data to to make the human health exposure line at http://www.epa.gov/edocket/. support a regulatory determination. The assessments. One commenter specified The AWQC (USEPA 2000) Agency considers obtaining this data to that EPA needs to use more accurate methodology continues to recommend be the priority of its research and consumption data for sodium rather the use of 70 kg for adult body weight occurrence monitoring programs. The than simply incorporating U.S. Food and 2 liters per day for water intake for Agency continues to actively conduct and Drug Administration (FDA) risk calculations. These are the same research and/or to collect occurrence assertions. parameters used by EPA to derive an information on these 51 CCL Agency Response: EPA believes it is MCLG. EPA believes that its current contaminants and other emerging appropriate to use a conservative methodology, based on adult exposures, contaminants. Because these research approach to assessing the health effects for the derivation of MCLGs, and for issues are broader than those that EPA of an unregulated contaminant in the making regulatory determinations under can address alone, it is anticipated that context of a determination of whether it SDWA section 1412, remains generally other entities will be involved in should be considered for NPDWR appropriate. EPA has not yet conducting much of the needed research regulation. In order to determine determined a protocol for making a to support this process. For example, whether to propose an NPDWR for an regulatory determination for a chemical EPA already is jointly undertaking unregulated contaminant, SDWA for which an infant’s or a particular research efforts, and encourages requires EPA to determine whether the childhood age grouping’s body weight stakeholders, through close and regular contaminant ‘‘may have an adverse and drinking water intake would be the consultation, to be partners in filling effect on the health of the persons,’’ basis of a regulatory action. A decision many of the research gaps. The EPA Section 1412(b)(1)(A)(i), which is a very for such a contaminant would be made continues to identify and develop new broad criterion. As a result, EPA on the basis of the toxicity and exposure collaborations to conduct research and believes that a conservative health data, and could utilize the age groupings gather the additional data to effects analysis is appropriate. and body weight information from the characterize occurrence and adverse

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health effects to support future EPA found that hexachlorobutadiene water is a very small contributor to daily regulatory determinations of CCL occurs in systems, but not at a frequency dietary intake and because the levels at contaminants. EPA is also engaged with or level of public health concern. The which sodium intake can contribute to our stakeholders in a NDWAC work commenter has misinterpreted the increasing the blood pressure of group to refine the CCL listing process monitoring data presented in the June individuals with normal blood to address emerging contaminants for 2002 notice. The number 22,736 in the pressures is not clearly established, EPA future efforts. notice refers to the number of reporting does not believe that a NPDWR for EPA agrees with the comment PWSs in the monitoring data set and sodium presents a meaningful concerning the importance of does not reflect the number of people opportunity for public health protection establishing a vehicle that will allow exposed to hexachlorobutadiene at this time. stakeholders to track the status of concentrations above the HRL. The June EPA disagrees with the commenter’s drinking water research projects. EPA is 2002 notice states that 0.02% (4 out of criticism of the decision not to regulate committed to providing a means for 22,736) reporting systems detected sulfate. EPA used current data (Round 2 stakeholders to track research needs and hexachlorobutadiene above the HRL of the UCM program) that indicate that progress made in research areas, and is affecting 0.005% (3,350 out of the 67 about 1.8% of the reporting systems developing a web-based research million) of the population served by serving approximately 2 million people inventory that is expected to be these systems (67 FR 38235). Because of from a 20-state cross section of the available to the public in 2003. This this low frequency, EPA believes it is unregulated contaminant monitoring website will serve as a repository of most appropriate at this time to address study exceeded 500 mg/L. Although information on drinking water research occurrence of hexachlorobutadiene at additional data from six states had very projects currently funded or performed the State level rather than at the similar results, EPA found that the by the EPA. national level. weight of evidence suggests that the EPA disagrees with the commenter’s adverse health effect is generally mild, 4. Criticism of Regulatory Decisions criticism of the decision not to regulate of short duration, and generally occurs Made manganese. Manganese is an essential at concentrations considerably greater Comment Summary: One commenter trace element needed for the normal than 500 mg/L, except in very limited expressed concern that EPA’s decision healthy growth and function of animals circumstances when contaminants that not to regulate any of the nine priority as well as human beings. Therefore, the exacerbate the effects of sulfate are also contaminants was not appropriate. A decision whether or not to regulate present in the water. Therefore, EPA has comment submitted and co-signed by 22 manganese needs to balance the concern made the determination not to regulate environmental organizations disagreed for the potential toxic effects from high sulfate with a NPDWR at this time with the regulatory determinations for oral exposure with the concern for because regulation would not present a four contaminants, adverse effects from manganese meaningful opportunity for health risk hexachlorobutadiene, manganese, deficiency. In 2001, the Institute of reduction for persons served by public sodium and sulfate. The commenters Medicine (IOM) set an adequate level drinking water systems. However, EPA believe that EPA’s monitoring data for manganese at 2.3 mg/day for men prepared a Drinking Water Advisory to presented in the June 2002 notice shows and 1.8 mg/day for woman. provide guidance to communities that that over 22,000 people were exposed to Furthermore, in 2001, the IOM set a may be exposed to drinking water with hexachlorobutadiene at concentrations tolerable upper intake level for high sulfate concentrations. This above the HRL. The commenters assert manganese at 11 mg/day. While 3% of advisory contains information of use to that although EPA says manganese has the population may be exposed to sensitive sub-populations, such as low toxicity, EPA finds that nearly 3% manganese at levels above the 0.30 mg/ infants and travelers. of the population exceeded EPA’s HRL. L HRL for drinking water, this level is The commenters also disagreed with the well below the IOM tolerable level. For 5. Stakeholder’s Highest Priority for Agency determination that regulation is example, assuming a daily intake of 2 Future Regulatory Determinations not warranted because food sources of liters of drinking water with manganese Comment Summary: Commenters sodium are a more significant at the HRL of 0.30 mg/L, the daily intake encouraged EPA to be aggressive and contribution to sodium in the diet than of manganese from drinking water at the consider an expedited regulatory drinking water. The commenters also HRL would only expose a person to 0.6 determination for several CCL assert that EPA should regulate sulfate mg/day. This value is well below IOM’s contaminants including MTBE and because EPA’s monitoring data shows 11 mg/L adequate level for manganese perchlorate. that millions of Americans are likely to and represents only 5.5% of IOM’s Agency Response: For this regulatory have sulfate levels above the HRL in upper limit for manganese. Public determination, EPA developed a their drinking water, which puts infants drinking water accounts for a relatively comprehensive evaluation approach and other subpopulations at risk. small proportion of a person’s based on the recommendations from Agency Response: The preliminary manganese intake, even at the HRL. NRC and NDWAC. As explained in the regulatory determinations on whether or Therefore, the Agency concludes that June 2002 notice (USEPA 2002a), this not to regulate the nine priority regulation of drinking water for evaluation satisfies the three SDWA contaminants were based on the three manganese does not provide a requirements under section SDWA statutory requirements, and the meaningful opportunity to reduce the 1412(b)(1)(A)(i)–(iii). For each of the contaminants were evaluated in terms of risk of adverse health effects. The contaminants, the Agency evaluated the national significance. EPA’s assessment commenter is referred to the CCL adequacy of current analytical and of the health effects and national Preliminary Regulatory Determination treatment methods, the best available occurrence were discussed in detail in Support Document for Manganese (EPA peer-reviewed data on health effects, the June 2002 notice. EPA disagrees that 815–R–01–013) for a more detailed and an occurrence data set of each of the contaminants identified by discussion of this issue. approximately seven million analytical the commenters should be regulated. EPA disagrees with the commenter’s data points. At this time, EPA does not The rationale supporting the regulatory criticism of the decision not to regulate believe adequate data exists in these key determination is provided below. sodium. Because sodium in drinking areas to make a regulatory

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determination either for perchlorate or power plants, ocean sediments, meaningful opportunity for health risk MTBE. EPA is gathering information to vegetables, and hot tubs. Acanthamoeba reduction for the people served by fill the data gaps for these contaminants. species have been associated with PWSs. EPA recognizes that aldrin and With respect to perchlorate, EPA is human infections affecting the eye, dieldrin are probable human gathering national occurrence data on lung, brain, and skin. Acanthamoeba carcinogens, but the chemicals have perchlorate in drinking water through has been recovered from the nose and been banned for most uses since 1974, the Unregulated Contaminant throat of humans with impaired and have a low frequency and low level Monitoring (UCM) Rule. The Agency is respiratory function and from of occurrence in drinking water also completing a rigorous peer review apparently healthy persons, suggesting supplies. of health effects studies and is that the amoeba is commonly inhaled. A complete review of EPA’s analysis developing a final toxicity review and Agency Findings: After reviewing the of the health effects, occurrence, and risk characterization. As part of this best available public health and exposure for aldrin and dieldrin were effort, EPA has asked the National occurrence information, EPA has made presented in the June 2002 notice Academy of Sciences to review science the determination not to regulate (USEPA 2002a) and in the regulatory issues related to the 2002 draft EPA risk Acanthamoeba with a NPDWR at this determination (USEPA 2001a) and assessment for perchlorate. In addition, time, because regulation would not health effects (USEPA 2003a) support the Agency is funding research studies present a meaningful opportunity for documents for aldrin and dieldrin. health risk reduction for the people on treatability of perchlorate for PWSs. C. Hexachlorobutadiene Some of the technology currently in use served by public drinking water systems at hazardous waste sites is being (PWSs). As noted in the June 2002 Description: Hexachlorobutadiene evaluated for the feasibility of using it notice (USEPA 2002a), EPA has no (CASRN 87–68–3) is a VOC that is in water treatment at community water national monitoring data to indicate relatively insoluble in water (solubility systems. At the same time, EPA is occurrence of Acanthamoeba cysts in of 2–2.55 mg/L). Hexachlorobutadiene is seeking to improve the analytical drinking water, and filtration practices mainly used to make rubber method sensitivity that would allow commonly used to treat drinking water compounds. It is also used in concentrations of perchlorate to be remove Acanthamoeba cysts. gyroscopes, as a heat transfer liquid, as quantified at lower levels than are A complete review of EPA’s analysis a hydraulic fluid, as a solvent, and to presently possible. The Agency is of the health effects, occurrence, and make lubricants. It has never been moving concurrently in each of these exposure for Acanthamoeba were manufactured as a commercial product areas to meet data and research needs as presented in the June 2002 notice in the United States, however, it is quickly as possible. When the necessary (USEPA 2002a) and in the health effects imported and significant quantities of information is collected, we plan to support document for Acanthamoeba the chemical are generated in the United move forward with a regulatory (USEPA 2003h). EPA intends to release States as a waste by-product from the determination. In this regard, it should a guidance document for Acanthamoeba chlorination of hydrocarbons. be emphasized that where EPA that will be directed mainly to contact Most exposure to determines there is sufficient lens wearers and will address the risks hexachlorobutadiene comes from information on this or any other of Acanthamoeba eye infection breathing contaminated air in the unregulated contaminant, the Agency is associated with improper care of contact workplace environment. People living lenses. prepared to act in advance of the next near hazardous waste sites containing five year regulatory determination cycle. B. Aldrin and Dieldrin hexachlorobutadiene may be exposed to Regarding MTBE, on-going activities it by breathing air or by drinking Description: Aldrin and dieldrin contaminated water. will provide the Agency with improved (Chemical Abstract Services Registry health effects and occurrence data. At Agency Findings: After reviewing the Number (CASRN) 309–00–2 and 60–57– best available public health and this time, EPA is preparing its revised 1, respectively) are the common names risk assessment for MTBE for peer occurrence information, EPA has made of two structurally similar insecticides. the determination not to regulate review. The Agency established the They are discussed together because 1997 Drinking Water Advisory for hexachlorobutadiene with a NPDWR at aldrin readily changes to dieldrin in the this time, because it would not present MTBE at 20–40 micrograms per liter body and in the environment, and they (µg/L, or parts per billion, ppb) to avoid a meaningful opportunity for health risk cause similar adverse health effects. reduction for persons served by PWSs. unacceptable taste and odor and provide From 1950–1970, aldrin and dieldrin a protective margin of exposure for Hexachlorobutadiene occurs in PWSs, were popular pesticides used for crops, but not at a frequency or level of public adverse health effects. The 20–40 ppb such as corn and cotton. Because of level was not based on the possible health concern. concerns about damage to the A complete review of EPA’s analysis cancer risks. As a result of the UCM environment and the potential harm to of the health effects, occurrence, and Rule, data from PWSs required to human health, EPA banned most uses of exposure for hexachlorobutadiene were monitor for MTBE will be available in aldrin and dieldrin in 1974, except for presented in the June 2002 notice the middle of 2004. the control of termites, and banned all (USEPA 2002a) and in the regulatory V. Summary of the Agency’s Findings uses outright since 1987. According to determination (USEPA 2001b) and on the Nine CCL Contaminants the Agency for Toxic Substances and health effects (USEPA 2003b) support Disease Registry (ATSDR), aldrin and documents for hexachlorobutadiene. A. Acanthamoeba dieldrin have not been produced in the Description: Acanthamoeba is a free- United States since 1974 (ATSDR 1993). D. Manganese living protozoa commonly found in Agency Findings: After reviewing the Description: Manganese (CASRN water, soil, and air. Species of this best available public health and 7439–96–5) is a naturally occurring microbe have been isolated worldwide occurrence information, EPA has made element found at low levels in soil, from brackish and sea water, tap water, the determination not to regulate aldrin water, and food. It is an essential trace bottled water, airborne dust, swimming or dieldrin with a NPDWR at this time, element for humans and all animal pools, hot springs, thermal effluents of because regulation would not present a species. It constitutes approximately 0.1

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percent of the earth’s crust, however, it Metribuzin is not known to occur in distributed in soils, plants, water, and does not occur in the environment in its PWSs at levels of public health concern. foods. Ground water typically contains pure metal form, but is ubiquitous as a National monitoring data indicate that higher concentrations of minerals component of more than 100 minerals metribuzin is infrequently detected in including sodium salts than do surface including many silicates, carbonates, public water supplies. waters. In addition to naturally sulfides, oxides, phosphates, and A complete review of EPA’s analysis occurring sources of sodium, sodium borates (ATSDR 2000). of the health effects, occurrence, and compounds are used in deicing roads, as Manganese is generally considered to exposure for metribuzin were presented water treatment chemicals, and in have low toxicity when ingested orally. in the June 2002 notice (USEPA 2002a) domestic water softeners. Sewage The major source of manganese intake and in the regulatory determination effluents can also contribute significant in humans (with the exception of (USEPA 2001d) and health effects quantities of sodium to water. possible occupational exposure) is (USEPA 2003d) support documents for Sodium is an essential trace element, dietary ingestion; manganese is a metribuzin. and adequate levels of sodium are nutrient and is not considered to be very required for good health. Food is the F. Naphthalene toxic when ingested with food. Reports main source of daily human exposure to of adverse effects following oral Description: Naphthalene (CASRN sodium, primarily in the form of sodium exposure are rare. 91–20–3) is a VOC that is naturally chloride (table salt). Most of the sodium Agency Findings: After reviewing the present in fossil fuels, such as in our diet is added during food best available public health and petroleum and coal, and is formed when processing and preparation. occurrence information, EPA has made wood or tobacco are burned. Agency Findings: After reviewing the the determination not to regulate Naphthalene is produced in commercial best available public health and manganese with a NPDWR at this time, quantities from either coal tar or occurrence information, EPA has made because it would not present a petroleum. Most naphthalene use (60%) the determination not to regulate meaningful opportunity for health risk is as an intermediary in the production sodium with a NPDWR at this time, reduction for persons served by PWSs. of phthalate plasticizers, resins, because it would not present a Manganese is generally not considered phthaleins, dyes, pharmaceuticals, and meaningful opportunity for health risk to be very toxic when ingested with the insect repellents. Crystalline reduction for persons served by PWSs. diet and drinking water accounts for a naphthalene is used as a moth repellent The contribution of drinking water to relatively small proportion of and as a solid block deodorizer for daily sodium intake is very small when manganese intake. diaper pails and toilets. compared to the total dietary intake. A complete review of EPA’s analysis The major source of human exposure Short-term excursions beyond the of the health effects, occurrence, and to naphthalene is through the use of benchmark values pose no adverse exposure for manganese were presented moth-balls containing naphthalene. This health risk for most individuals, in the June 2002 notice (USEPA 2002a) exposure can be from breathing the including the majority of persons with and in the regulatory determination vapors or handling the mothballs. hypertension. Sodium in drinking water (USEPA 2001c) and health effects People also may be exposed by is a very small contributor to daily (USEPA 2003c) support documents for breathing tobacco smoke and air near dietary intake and the levels at which manganese. EPA is developing a industries that use or produce sodium intake can contribute to Drinking Water Advisory for manganese naphthalene. Usually naphthalene is not increasing the blood pressure of to provide guidance to communities that found in water because it evaporates or individuals with normal blood might be exposed to elevated biodegrades quickly. When it is found pressures are not clearly established. concentrations of manganese in their in water, it is usually at levels lower The Agency currently does, however, drinking water. than 0.01 mg/L (ATSDR 1995). require monitoring for sodium at the Agency Findings: After reviewing the entry point to the distribution system E. Metribuzin best available public health and and that results be reported annually to Description: Metribuzin (CASRN occurrence information, EPA has made public health officials for surface water 21087–64–9) is a pesticide that does not the determination not to regulate systems, and every three years for volatilize readily, yet is relatively naphthalene with a NPDWR at this time, ground water systems (as defined in 40 soluble in water. It is relatively because it would not present a CFR 141.41). The water supplier must persistent in the environment and meaningful opportunity for health risk report sodium test results to local and degrades primarily through exposure to reduction for persons served by PWSs. State public health officials, unless this sunlight. Metribuzin is used as an Naphthalene is not known to occur in responsibility is assumed by the State. herbicide on soybeans, potatoes, alfalfa, PWSs at levels of public health concern. This requirement is intended to provide sugar cane, lentils, asparagus, tomatoes, National monitoring data indicate that the public health community with carrots, peas, barley, wheat, range naphthalene is infrequently detected in information on sodium levels in grasses, and Christmas trees. Metribuzin public water supplies. drinking water to be used in counseling has limited non-agricultural utility. A complete review of EPA’s analysis patients and is the most direct route for Metribuzin is not classifiable as a of the health effects, occurrence, and gaining the attention of the affected human carcinogen, but there may be exposure for naphthalene were population. effects on the liver and body weight presented in the June 2002 notice A complete review of EPA’s analysis from chronic exposure to high doses. (USEPA 2002a) and in the regulatory of the health effects, occurrence, and Agency Findings: After reviewing the determination (USEPA 2001e) and exposure for sodium were presented in best available public health and health effects (USEPA 2003e) support the June 2002 notice (USEPA 2002a) as occurrence information, EPA has made documents for naphthalene. well as in the regulatory determination the determination not to regulate (USEPA 2001f) support document for metribuzin with a NPDWR at this time, G. Sodium sodium. EPA is issuing a final Drinking because it would not present a Description: Sodium (CASRN 7440– Water Advisory for sodium concurrent meaningful opportunity for health risk 23–5) is the sixth most abundant with today’s action (USEPA 2003f). The reduction for persons served by PWSs. element on earth and is widely sodium advisory provides guidance to

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communities that might be exposed to Drinking Water Advisory to provide contaminants. EPA is also engaged with elevated concentrations of sodium guidance to communities that may be our stakeholders in a NDWAC work chloride or other sodium salts in their exposed to drinking water with high group to refine the CCL listing process drinking water. This sodium advisory sulfate concentrations. to address emerging contaminants for also provides appropriate cautions for A complete review of EPA’s analysis future efforts individuals on low-sodium or sodium- of the health effects, occurrence, and EPA is committed to providing a restricted diets. exposure for sulfate were presented in means for our stakeholders to track the June 2002 notice (USEPA 2002a) as progress of research on remaining CCL H. Sulfate well as in the regulatory determination contaminants. The Agency is currently ¥2 Description: Sulfate (SO4 , CASRN (USEPA 2001g) support document for developing a web-based system that will 14808–79–8) exists in a variety of sulfate. EPA will issue a final Drinking be available to the public in 2003. This inorganic salts. Sulfate salts such as Water Advisory for sulfate concurrent website will serve as a repository of sodium, potassium, and magnesium are with today’s action (USEPA 2003g). The information on drinking water research very water soluble and are often found advisory for sulfate provides guidance projects currently funded or performed in natural waters. Sulfate salts of metals to communities that may be exposed to by EPA. such as barium, iron, or lead have very drinking water contaminated with high low water solubility. Sulfate is found in sulfate concentrations. This advisory VII. References soil, sediments, and rocks and occurs in contains information of use to sensitive ATSDR, 1993. Toxicological Profile for the environment as a result of both sub-populations, such as infants and Aldrin/Dieldrin (Update). Atlanta, natural processes and human activities. travelers. Georgia. U.S. Department of Health and Sulfate compounds are used for a Human Services, Public Health Service. variety of commercial and industrial VI. How Will EPA Address the Data 184 pp. purposes. Needs of the Remaining 51 CCL ATSDR, 1995. Toxicological Profile for Sulfate may enter surface or ground Contaminants? Naphthalene (Update). Atlanta, Georgia. water as a result of discharge or disposal The Agency continues to conduct U.S. Department of Health and Human Services, Public Health Service. 200 pp. of sulfate-containing wastes. In research and/or to collect occurrence ATSDR, 2000. Toxicological Profile for addition, sulfur oxides produced during information on the remaining CCL Manganese (Update). Atlanta, Georgia. the combustion of fossil fuels are contaminants. EPA has been conducting U.S. Department of Health and Human transformed to sulfuric acid in the research to fill identified data gaps. The Services, Public Health Service. 466 pp. atmosphere. Through precipitation (acid Agency will take action as appropriate and Appendices. rain), sulfuric acid can enter surface when information becomes available USEPA, 1997. Announcement of the Draft waters, lowering the pH and raising and will not necessarily wait until the Drinking Water Contaminant Candidate sulfate levels. end of the next regulatory determination List; Notice. Federal Register. Vol. 62, Sulfate is present in the diet. A cycle before making other regulatory No. 193, p. 52193, October 6, 1997. number of food additives are sulfate determinations. USEPA, 1998. Announcement of the Draft salts and most (such as copper sulfate To support decisions on CCL Drinking Water Contaminant Candidate List; Notice. Federal Register. Vol. 63, and zinc sulfate) are approved for use as contaminants, the Agency is required to No. 40, p. 10273, March 2, 1998. nutritional supplements. evaluate when and where these USEPA, 2000. Methodology for Deriving Sulfate may have adverse health contaminants occur, the extent of Ambient Water Quality Criteria for the affects on persons, primarily through its exposure, and their risk to public Protection of Human Health (2000). laxative effect following high-level, health. EPA must also determine if EPA–822–B–00–004. October 2000. acute exposures. The adverse health regulating the contaminant presents a USEPA, 2001a. Regulatory Determination effect from ingesting high levels of meaningful opportunity for reducing Support Document for Aldrin and sulfate is increased water in the fecal public health risk. Contaminants Dieldrin. EPA 815 R–01–011. matter (diarrhea), possibly contributing deemed ready for regulatory USEPA, 2001b. Regulatory Determination Support Document for to dehydration. Because local determination, which include those that Hexachlorobutadiene. EPA 815 R–01– populations usually acclimate to high are the subject of today’s decisions, are 009. sulfate levels, the impact is primarily on determined to have sufficient data to USEPA, 2001c. Regulatory Determination infants, transient populations (e.g., support a decision as to whether or not Support Document for Manganese. EPA business travelers, visitors, and to regulate based on evaluation of both 815 R–01–013. vacationers), and new residents. exposure and risk to public health. USEPA, 2001d. Regulatory Determination Agency Finding: After reviewing the The remaining 51 CCL contaminants Support Document for Metribuzin. EPA best available public health and for which decisions are not being made 815 R–01–010. occurrence information, EPA has made today do not have sufficient data to USEPA, 2001e. Regulatory Determination the determination not to regulate sulfate support regulatory decisions. The Support Document for Naphthalene. EPA 815 R–01–008. with a NPDWR at this time, because it Agency continues to conduct research USEPA, 2001f. Regulatory Determination would not present a meaningful and/or collect occurrence information Support Document for Sodium. EPA 815 opportunity for health risk reduction for on these remaining contaminants. The R–01–014. persons served by PWSs. Although research issues are broader than those USEPA, 2001g. Regulatory Determination sulfate occurs in many PWSs nationally, that EPA can address alone. It is Support Document for Sulfate. EPA 815 the weight of evidence suggests that the anticipated that other entities will be R–01–015. adverse health effect is generally mild, involved in conducting much of the USEPA, 2002a. Announcement of of short duration, and generally occurs needed research to support this process. Preliminary Regulatory Determinations at concentrations considerably greater EPA continues to identify and develop for Priority Contaminants on the Drinking Water Contaminant Candidate than 500 mg/L, except in very limited new collaborations to conduct research List. Federal Register. Vol. 67, No. 106, circumstances when sulfate co-occurs and gather the additional data to p. 38222, June 3, 2002. with magnesium and high total characterize occurrence and adverse USEPA, 2002b. Fact Sheet: Announcement of dissolved solids, which exacerbate its health effects to support future Preliminary Regulatory Determinations laxative effects. EPA is issuing a final regulatory determinations of CCL for Priority Contaminants on the

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Drinking Water Contaminant Candidate Document for Metribuzin. EPA 822 R– 822 R–03–007. List. EPA 815–F–02–003. 03–004. USEPA, 2003h. Health Effects Support USEPA, 2003a. Health Effects Support USEPA, 2003e. Health Effects Support Document for Acanthamoeba. EPA 822 Document for Aldrin and Dieldrin. EPA Document for Naphthalene. EPA 822 R– R–03–012. 822 R–03–001. 03–005. USEPA, 2003b. Health Effects Support USEPA, 2003f. Drinking Water Advisory: Dated: July 11, 2003. Document for Hexachlorobutadiene. Consumer Acceptability Advice and Linda J. Fisher, EPA 822 R–03–002. Health Effects Analysis on Sodium. EPA Acting Administrator. USEPA, 2003c. Health Effects Support 822 R–03–006. Document for Manganese. EPA 822 R– USEPA, 2003g. Drinking Water Advisory: [FR Doc. 03–18151 Filed 7–17–03; 8:45 am] 03–003. Consumer Acceptability Advice and BILLING CODE 6560–50–P USEPA, 2003d. Health Effects Support Health Effects Analysis on Sulfate. EPA

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Part VI

Environmental Protection Agency National Primary Drinking Water Regulations; Announcement of Completion of EPA’s Review of Existing Drinking Water Standards; Notice

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ENVIRONMENTAL PROTECTION B. How Can I Get Copies of Related B. How Can I Get Copies of Related AGENCY Information? Information? 1. Docket [FRL–7529–1] 2. Electronic Access 1. Docket RIN 2040–AD67 II. Background EPA has established an official public A. What Is the Statutory Requirement for docket for this action under Docket ID National Primary Drinking Water the Six-Year Review? No. OW–2002–0012. The official public B. What Has the Agency Done to Address Regulations; Announcement of docket consists of the documents Completion of EPA’s Review of the Statutory Requirement? III. EPA’s Current Revise/Not Revise specifically referenced in this action, Existing Drinking Water Standards Decisions for the 69 Pre-1997 NPDWRs any public comments received, and AGENCY: Environmental Protection IV. Summary of Major Comments and New other information related to this action. Agency. Information and the Agency’s Response Although a part of the official docket, A. What Did Commenters Say Regarding the public docket does not include ACTION: Notice. the Reasonableness and Appropriateness Confidential Business Information (CBI) SUMMARY: The Safe Drinking Water Act of EPA’s Six-Year Review Approach? or other information whose disclosure is (SDWA) requires the United States 1. Overall Approach and Decision Criteria restricted by statute. The official public 2. Health Effects Technical Review docket is the collection of materials that Environmental Protection Agency (EPA) 3. Analytical Methods Feasibility to conduct a periodic review of existing Technical Review is available for public viewing at the National Primary Drinking Water 4. Review of Treatment Technologies and Water Docket in the EPA Docket Center, Regulations (NPDWRs). EPA has Related Issues (EPA/DC) EPA West, Room B102, 1301 completed its review of 69 NPDWRs 5. Review of Implementation-Related Constitution Ave., NW., Washington, that were established prior to 1997, Issues DC. The EPA Docket Center Public including 68 chemical NPDWRs and the 6. Review of Occurrence and Exposure Reading Room is open from 8:30 a.m. to Total Coliform Rule (TCR). The 7. Consideration of Available Economic 4:30 p.m., Monday through Friday, intended purpose of the review was to Information excluding legal holidays. The telephone identify those NPDWRs for which B. What Comments or New Information number for the Public Reading Room is current health risk assessments, changes Did EPA Receive on Chemical (202) 566–1744, and the telephone Contaminant-Specific Issues? in technology, and/or other factors, 1. Alachlor number for the Water Docket is (202) provide a health or technological basis 2. Antimony 566–2426. to support a regulatory revision that will 3. Atrazine 2. Electronic Access maintain or improve public health 4. Beryllium protection. 5. Carbofuran You may access this Federal Register EPA published its protocol for the 6. Chromium document electronically through the review of NPDWRs and its preliminary 7. 1,1-Dichloroethylene EPA Internet under the ‘‘Federal revise/not revise decisions for the 69 8. Dichloromethane Register’’ listings at http:// NPDWRs in the April 17, 2002, edition 9. Di(2-ethylhexyl)adipate (DEHA) www.epa.gov/fedrgstr/. of the Federal Register (67 FR 19030 10. Di(2-ethylhexyl)phthalate (DEHP) An electronic version of the public (USEPA, 2002g)) in order to seek 11. Fluoride docket is available through EPA’s comment from the public. Today’s 12. Glyphosate electronic public docket and comment action briefly describes the major 13. Lead and Copper 14. Lindane (g-hexachlorocyclohexane) system, EPA Dockets. You may use EPA comments, other new information, and 15. Simazine Dockets at http://www.epa.gov/edocket/ EPA’s current revise/not revise C. What Comments Did EPA Receive to view public comments, access the decisions for the 69 NPDWRs. Regarding the Review of index listing of the contents of the ADDRESSES: The official public docket Implementation-Related Issues for official public docket, and access those for this action is located at EPA West Chemical NPDWRs? documents in the public docket that are Building, Room B102, 1301 Constitution D. What Comments Did EPA Receive on available electronically. Although not Avenue, NW., Washington, DC. the Total Coliform Rule? all docket materials may be available E. What Comments Did EPA Receive on FOR FURTHER INFORMATION CONTACT: electronically, you may still access any Research Needs? of the publicly available docket Contact: Ken Rotert, (202) 564–5280, V. References e-mail: [email protected] for materials through the docket facility inquiries regarding the TCR. For all List of Tables identified in section I.B.1. Once in the other technical inquiries contact: Judy Table III–1: Current Revise/Not Revise system, select ‘‘search,’’ then key in the Lebowich, (202) 564–4884, e-mail: Decisions for the 68 Chemical NPDWRs appropriate docket identification [email protected], or Wynne and the TCR number. Miller, (202) 564–4887, e-mail: Table IV–1: 1,1-Dichloroethylene Occurrence Table IV–2: Lindane Occurrence Abbreviations and Acronyms Used in [email protected]. General This Action information may also be obtained from I. General Information the EPA Safe Drinking Water Hotline. BAT—best available technology Callers within the United States may A. Does This Notice Apply to My Public CBI—confidential business information reach the Hotline at (800) 426–4791. Water System? CCL—contaminant candidate list The Hotline is open Monday through CFR—Code of Federal Regulations This action itself does not impose any CMR—Chemical Monitoring Reform Friday, excluding Federal holidays, requirements on anyone. Instead, it from 9 a.m. to 5:30 p.m. Eastern Time. DACT—diaminochlorotriazine notifies interested parties of the DEA—desethyl atrazine SUPPLEMENTARY INFORMATION: availability of EPA’s responses to DEHA—di(2-ethylhexyl)adipate Table of Contents comments received on EPA’s Six-Year DEHP—di(2-ethylhexyl)phthalate I. General Information Review protocol and the Agency’s DIA—desisopropyl atrazine A. Does this Notice Apply to My Public current revise/not revise decisions for EPA—United States Environmental Water System? 69 NPDWRs. Protection Agency

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EPA/DC—EPA Docket Center II. Background decision criteria for making its revise/ FQPA—Food Quality Protection Act not revise decisions under the current A. What Is the Statutory Requirement FR—Federal Register review. EPA has revised this protocol for the Six-Year Review? IOC—inorganic chemical document to better explain how the IRED—interim reregistration eligibility Under the Safe Drinking Water Act decision criteria were applied and will decision (SDWA), as amended in 1996, EPA must also take the SAB comments into IRIS—Integrated Risk Information periodically review existing National consideration when planning for the System Primary Drinking Water Regulations next review cycle. LCCA—Lead Contamination Control Act (NPDWRs) and, if appropriate, revise of 1988 them. Section 1412(b)(9) of SDWA III. EPA’s Current Revise/Not Revise LCR—Lead and Copper Rule states: Decisions for the 69 Pre-1997 NPDWRs MCL—maximum contaminant level The Administrator shall, not less often EPA received comments from 44 MCLG—maximum contaminant level than every 6 years, review and revise, as commenters on its preliminary revise/ goal appropriate, each national primary drinking not revise decisions in the April 17, MDL—method detection limit water regulation promulgated under this title. 2002, Federal Register. The Agency mg/kg/day—milligram(s) per kilogram Any revision of a national primary drinking responded to these comments in the of body weight per day water regulation shall be promulgated in ‘‘Public Comment and Response mg/L—milligram(s) per liter accordance with this section, except that Summary for the Six-Year Review of MYP—multi-year plan each revision shall maintain, or provide for National Primary Drinking Water NAS—National Academy of Sciences greater, protection of the health of persons. Regulations’’ (USEPA, 2003e), which is NCOD—National Contaminant B. What Has the Agency Done To available in the Water Docket in the Occurrence Database Address the Statutory Requirement? EPA Docket Center and at the EPA NDWAC—National Drinking Water Dockets Web site http://www.epa.gov/ The Agency developed a systematic Advisory Council epadocket/. Other technical support process, or protocol, for the review of NPDWR—National Primary Drinking documents 1 for the decisions discussed Water Regulation existing NPDWRs in accordance with the SDWA requirements and applied the in today’s action are also available in NRC—National Research Council the Water Docket and at the EPA NTP—National Toxicology Program protocol to the review of the NPDWRs for total coliforms and 68 inorganic and Dockets Web site http://www.epa.gov/ NTNCWS—non-transient non- epadocket/ and the Safewater Web site community water system organic chemicals published prior to the SDWA 1996 Amendments (i.e., pre-1997 http://www.epa.gov/safewater/. Occurrence Methodology Document— Based on the Agency’s preliminary NPDWRs). In the April 17, 2002, Occurrence Estimation Methodology review, as well as the public comments Federal Register, EPA provided: and Occurrence Findings Report for received and other new information, • A description of the review the Six-Year Review of Existing EPA believes that it is appropriate to protocol; National Primary Drinking Water revise the Total Coliform Rule (TCR). • A detailed discussion of how the Regulations The Agency also believes that it is not protocol was applied in assessing each Occurrence Summary Document— appropriate to revise the 68 chemical of the 69 pre-1997 NPDWRs; Occurrence Summary and Use NPDWRs at this time. However, for the • The preliminary results of each of Support Document for the Six-Year reasons discussed in sections IV.B.7, the technical reviews, and the Review of Existing National Primary IV.B.13, and IV.B.14 of today’s action, preliminary decision for each NPDWR; Drinking Water Regulations the Agency has modified the basis of its and OPP—Office of Pesticide Programs not revise findings for 1,1- • A request for the public to comment OW—Office of Water dichloroethylene, lead, and lindane, on any aspect of the Agency’s protocol PE—performance evaluation respectively. Table III–1 reflects the and preliminary decisions. PHS—Public Health Service Agency’s current revise/not revise Please refer to the April 17, 2002, PQL—practical quantitation level decisions for the 69 NPDWRs. As Federal Register for the detailed Protocol Document—EPA Protocol for indicated in Table III–1, EPA’s decision discussion of EPA’s revise/not revise Review of Existing National Primary not to revise an NPDWR at this time is decisions for each of the 69 NPDWRs. Drinking Water Regulations based on one of the following reasons: RED—reregistration eligibility decision Today’s action briefly summarizes the • Health risk assessment is in RfD—reference dose major public comments, other new process: As of December 31, 2002, the ROS—regression on ordered statistics information, and EPA’s current revise/ Agency is currently conducting, or has RSC—relative source contribution not revise decisions for the 69 NPDWRs. scheduled, a detailed review of current SAB—Science Advisory Board Today’s action only discusses in detail health effects information. Because the SAP—Science Advisory Panel those decisions or rationales that were results of the assessment are not yet SDWA—Safe Drinking Water Act affected by public comments or other available, or were not available in time SOC—synthetic organic chemical new information that has become for consideration under the 1996–2002 TCR—Total Coliform Rule available since April 2002. review cycle, the Agency does not TMDLs—total maximum daily loads In June 2002, EPA consulted with the believe it is appropriate to revise the Treatment Feasibility Document—Water Science Advisory Board (SAB) Drinking NPDWR at this time. In these cases, EPA Treatment Technology Feasibility Water Committee and requested their will consider the results of the updated Support Document for Chemical review and comment on whether the Contaminants; In Support of EPA Six- protocol EPA developed based on the 1 These include: (1) EPA’s overall protocol for the Year Review of National Primary National Drinking Water Advisory review of NPDWRs (USEPA, 2003c); (2) health Drinking Water Regulations Council (NDWAC) recommendations effects (USEPA, 2003f); (3) analytical methods TT—treatment technique was consistently applied and feasibility (USEPA, 2003a); (4) treatment technology (USEPA, 2003g); (5) consideration of other VOC—volatile organic chemical appropriately documented. The SAB regulatory revisions (USEPA, 2003b); (6) occurrence WQP—water quality parameter provided verbal feedback regarding the and exposure (USEPA, 2003d; USEPA, 2002f); (7) WS—water supply transparency and clarity of EPA’s and economic considerations (USEPA, 2002c).

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health risk assessment during the 2002– either supports the current regulatory at this time because of one or more of 2008 review cycle. If the results of the requirements or does not justify a the following considerations: health risk assessment indicate a revision. competing workload priorities; the compelling reason to reconsider the • New information, but no revision administrative costs associated with maximum contaminant level goal appropriate at this time because: rulemaking; and the burden on States (MCLG), EPA may decide to accelerate and the regulated community to the review schedule for that —Low priority: In EPA’s judgment, any implement any regulatory change that contaminant’s NPDWR. resulting revisions to the NPDWR resulted. • NPDWR remains appropriate after would not provide a meaningful data/information review: The outcome opportunity for health risk reduction —Information gaps: Although results of of the review indicates that the current or result in meaningful cost-savings to the review support consideration of a regulatory requirements remain public water systems and their possible revision, the available data appropriate, and therefore, no regulatory customers. These revisions are a low are insufficient to support a definitive revisions are warranted. Any new priority activity for the Agency and, regulatory decision at this time. information available to the Agency thus, are not appropriate for revision BILLING CODE 6560–50–P

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BILLING CODE 6560–50–C

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IV. Summary of Major Comments and some commenters felt that EPA should c. Authority to Relax an Existing New Information and the Agency’s revise the MCLG and, as appropriate, Standard and Deregulation of Low/Non- Response the maximum contaminant level (MCL), Occurring Contaminants. Some This section summarizes the major whenever a health basis exists, commenters argued that the Agency public comments, including the regardless of other considerations. A should never consider relaxing a Agency’s response, and other new few commenters criticized the Agency standard because doing so, by information, and explains any for not defining what it considers definition, would lessen the level of modifications to EPA’s preliminary ‘‘significant’’ and ‘‘negligible’’ gains in public health protection. Other revise/not revise decisions. For a more public health protection and/or cost- commenters encouraged the Agency to detailed summary of the comments and savings in terms of regulatory revision. actively consider deregulating the Agency’s response, please refer to EPA Response: Section 1412(b)(9) of contaminants that have low occurrence the document: ‘‘Public Comment and SDWA, as amended in 1996, provides or do not appear to be occurring in Response Summary for the Six-Year the Administrator with broad discretion finished water or, at a minimum, to Review of National Primary Drinking to determine when a revision to an further reduce the frequency of Water Regulation’’ (USEPA, 2003e). NPDWR is appropriate. As a part of this monitoring for these contaminants. determination, the Agency believes it is EPA Response: EPA disagrees with A. What Did Commenters Say Regarding reasonable to consider whether a the Reasonableness and potential revision is likely to provide a those commenters who oppose relaxing Appropriateness of EPA’s Six-Year meaningful opportunity for health risk a standard for any reason. The Review Approach? reduction. This criterion is consistent legislative history of the SDWA with the statutory provisions governing Amendments of 1996 makes clear that 1. Overall Approach and Decision Congress envisioned the possibility that Criteria the regulatory determination process under section 1412(b)(1)(A) for a relaxed standard might be appropriate a. Adequacy of the Review. contaminants not currently regulated. under circumstances that would not Commenters generally agreed that EPA EPA also believes it is reasonable to result in a lessening of the level of had identified the appropriate key consider the extent of potential cost- public health protection. In its elements of the review. However, some savings for public water systems and discussion of potential revisions to an commenters stated that the Agency their customers when determining existing drinking water standard, Senate could have done more in some areas whether revisions that potentially Report Number 104–169 (available (e.g., implementation) and a few would result in a relaxed standard (i.e., electronically at http://thomas.loc.gov/) commenters expressed the opinion that where a health basis exists for a less states: the Agency’s review process contains stringent standard) or streamlined Amendments made by the bill require that weaknesses, or was not applied implementation are appropriate. These any future standard issued for a contaminant appropriately, because it did not considerations allow the Administrator already regulated must maintain or provide identify any chemical NPDWRs for to better prioritize efforts that are most for greater protection of the health of persons. revision at this time. likely to result in a meaningful Generally, this will preclude the EPA Response: The Agency believes opportunity for health risk reduction or promulgation of a revised standard for a that its basic review protocol and cost-savings to public water systems and contaminant that is less stringent than the decision rationale are reasonable and their customers. Revisions that do not standard already in place. However, there are appropriate. Even though EPA’s satisfy at least one of these criteria are circumstances under which a standard may be relaxed. The maximum contaminant level application of the protocol did not a low priority activity for the Agency, identify any chemical NPDWRs for goal for a contaminant is set at a level at and thus are not appropriate at this time which there is no adverse effect on the health revision at this time, that is not a reason because of one or more of the following to reject or modify the protocol. The of persons with an adequate margin of safety. considerations: New scientific information may cause the review did result in the initiation of • Competing workload priorities; • MCLG to be revised and in some cases these health risk assessments for three The administrative costs associated revisions may be to less stringent levels. This contaminants and efforts to address data with rulemaking; and may lead to a revision of the maximum gaps/research needs for several other • The burden on States and the contaminant level since it need be no more contaminants. Health risk assessments regulated community to implement any stringent than the MCLG. New information are underway for approximately half of regulatory change that resulted. may also allow for a smaller margin of safety the chemical contaminants addressed in EPA believes that the determination because it narrows the range of uncertainty today’s action. The Agency expects most of whether the impact of a potential for estimates of health risks. Finally, some of these assessments to be completed revision is ‘‘significant’’ or ‘‘negligible’’ substances which have been regulated as within the next few years. When is a matter of judgment that depends on carcinogens for ingestion in drinking water completed, these assessments will a number of variables, not all of which may be reclassified (as asbestos has been in support further analysis that may result are amenable to precise definition. the most recent revision) or assigned a However, EPA recognizes that the use of threshold for the effect based on new in different revise/not revise decisions scientific information. In each of these cases, as part of the ongoing Six-Year Review ‘‘negligible/significant’’ terminology EPA may issue a revised standard for a process. may imply more precision and contaminant that is less stringent than the b. Criteria for Deciding that an MCLG/ quantitation in the determination than one it replaces. MCL Revision is Appropriate and is possible. The Agency also (S. Rep.104–169, 104th Cong., 1st Sess. Definition of ‘‘Significant’’ and understands that the use of the term (1995) at 38) ‘‘Negligible.’’ While some commenters ‘‘negligible’’ may imply to some that the agreed, others disagreed with the Agency is belittling small gains in However, because section 1412(b)(9) Agency’s consideration of estimated health risk reduction. This is not the of SDWA requires that any revision to changes in occurrence levels and Agency’s intent. Accordingly, in today’s an existing NPDWR maintain or available economic information action, the Agency has explained its improve the level of public health whenever a health or technological basis rationale more clearly in terms of the protection, EPA believes that a clear, exists to revise a standard. For example, criteria noted in the previous paragraph. technically-based demonstration

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regarding the absence of potential risk is IV.B.14, respectively, of today’s action. not revise decisions. To the extent necessary to deregulate a contaminant. NPDWRs for the remaining possible, EPA will consider the results EPA does not believe it is appropriate to contaminants for which health risk of this analysis and any additional deregulate any currently regulated assessments are in process will be information during subsequent Six-Year contaminant at this time because the reviewed as a part of the 2002–2008 Reviews. Agency is not able to make a review cycle. However, if in the 3. Analytical Methods Feasibility determination, pursuant to section Agency’s judgment, a compelling reason Technical Review 1412(b)(9) of SDWA, that there would exists to revisit the ‘‘not revise’’ be no lessening of public health decision sooner, EPA may accelerate the Commenters generally supported the protection if the contaminant were review cycle for that NPDWR. In Agency’s approach of using deregulated. The Agency disagrees that reviewing these regulations, EPA Performance Evaluation (PE) Water evaluation of finished water data is expects to apply an approach consistent Supply (WS) data and the 10 times sufficient to consider deregulation of with the protocol used for the current method detection limit (MDL) low or non-occurring contaminants. The review. That is, the Agency will multiplier to evaluate possible changes apparent low or non-occurrence of these consider the same key elements and in analytical feasibility for several of the contaminants in finished water may be apply the same basic decision tree for contaminants under this Six-Year the result of effective treatment making a revise/not revise decision. The Review. A few commenters agreed that processes in place rather than the lack key elements of the review include the WS data are a valuable source of of occurrence in source water. health effects technical review, information for evaluating EPA believes that the existing waiver technology review, other regulatory interlaboratory performance and for provisions in the SDWA regulations revisions review, and, if appropriate, developing practical quantitation levels give States sufficient flexibility to occurrence/exposure analyses and (PQLs). However, the same commenters reduce or potentially eliminate consideration of available economic questioned whether the approach of monitoring of a chemical contaminant, information (see 67 FR 19030 at 19038, using PE WS data will be possible for where appropriate. States that have April 17, 2002 (USEPA, 2002g)). future reviews since the Agency’s primacy for the drinking water b. Other Issues Related to the Health laboratory certification program that regulations are responsible for their Effects Technical Review. One once collected this information has been waiver programs and can grant waivers commenter stated that the Agency risk externalized to private providers. These if a particular pesticide or herbicide has assessments underestimate risk because commenters questioned whether the not been previously used, absorption of chemicals through the externalized or privatized data would be manufactured, stored, transported, or skin, lung, and nose is not ‘‘adequately’’ sufficient for the determination and/or disposed in the area, a system’s source taken into account. Another commenter re-evaluation of PQLs. In addition, at water is not susceptible to encouraged the Agency to evaluate the least one commenter suggested that it contamination from the chemical, or the literature for potential reproductive and may be appropriate (in the next Six-Year State has determined the system is not developmental effects for chemicals Review) to re-evaluate the policy of vulnerable. The State can grant waivers with zero MCLGs since risk basing the PQL on only EPA Regional for individual contaminants, a group of management strategies, such as and State laboratory results, and contaminants, or issue an area-wide monitoring frequency or treatment recommended that the Agency include waiver (see 40 CFR 141.23 (b) and (c), requirements, may be affected by such commercial and large utility laboratory and 141.24 (f) and (h)). In addition, information. results. According to the commenter, States can adopt alternative monitoring EPA Response: EPA disagrees that the these laboratories (commercial and large strategies as long as the approach is as Agency underestimates risk when utility) have demonstrated ‘‘significant stringent as the Federal requirements deriving MCLGs. The Agency takes innovation in method development and (USEPA, 1997b). multiple routes of exposure into account improved quantitation.’’ by including a relative source EPA Response: EPA agrees that the 2. Health Effects Technical Review contribution (RSC) in its calculation of WS studies have been a valuable source a. Contaminants Undergoing Health an MCLG value. The RSC compares of information for determining PQLs. At Risk Assessments. A few commenters exposure from air, food, and drinking this time, the Agency has not raised issues with respect to the 36 water and uses the data in allocating a determined whether the privatized data chemical contaminants for which health portion of the total exposure to drinking will be sufficient for the purposes risk assessments were underway when water. When exposure data for the mentioned by the commenter. In EPA published its preliminary revise/ chemical are not available, EPA assumes addition, the Agency has not yet not revise decisions in the April 17, that the RSC from drinking water is 20 determined how best to gather data to 2002, Federal Register. In particular, percent of the total exposure. This determine and/or reassess PQLs for these commenters wanted to know the allows 80 percent of the total exposure future reviews. The Agency is in the process that EPA plans to follow to to come from sources other than process of evaluating acceptable review each NPDWR once the risk drinking water, such as exposure from options. The policy for determining the assessment is completed, including food, inhalation, or dermal contact. most appropriate methodology for when that review would occur and EPA recognizes the possibility that calculating PQLs for drinking water when an accelerated review would be some chemicals with zero MCLGs may contaminants is outside the scope of the appropriate. also be of reproductive and/or Six-Year Review. EPA Response: Between April and developmental concern. EPA is August 2002, the Agency completed investigating these endpoints and their 4. Review of Treatment Technologies health risk assessments for 2 of the 36 potential impact on monitoring and Related Issues contaminants: 1,1-dichloroethylene and frequency or treatment requirements. Commenters suggested that, while lindane. The results of those However, the Agency does not believe EPA’s review of existing NPDWRs was assessments and the impact on the the analysis can be completed during generally consistent with the NDWAC Agency’s revise/not revise decisions are the current review cycle without recommendations to EPA (NDWAC, discussed in sections IV.B.7 and significantly delaying the current revise/ 2000), the Agency’s review of treatment

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technologies which support the EPA’s judgment, met the stated criteria occurrence) is included in the regulations should be expanded. for reasons documented in EPA’s final ‘‘Occurrence Estimation Methodology Specifically, commenters recommended document, ‘‘Consideration of Other and Occurrence Findings Report for the that EPA review all treatment technique Regulatory Revisions for Chemical Six-Year Review of Existing National (TT) requirements and allow for Contaminants in Support of the Six- Primary Drinking Water Regulations’’ changing or expanding these TT Year Review of National Primary (Occurrence Methodology Document) requirements where new information Drinking Water Regulations’’ (USEPA, (USEPA, 2003d). EPA selected its 16- warrants such a change. 2003b). State cross-section to be as EPA Response: EPA continues to representative as possible of national 6. Review of Occurrence and Exposure believe its approach to reviewing TT contaminant occurrence. In EPA’s requirements is appropriate. The ‘‘EPA a. Occurrence Database Concerns. A judgment, these States provide a Protocol for the Review of Existing few commenters asked for information reasonable cross-section of agricultural NPDWRs’’ (Protocol Document) regarding next steps for the National and industrial pollution potential, as discusses when it is appropriate for the Contaminant Occurrence Database described in the Occurrence Agency to consider revisions to TT-type (NCOD). Another commenter pointed Methodology Document, and also regulations (see sections II.C and III.B of out that States have been willing to provide geographic coverage of the the Protocol documents) (USEPA, assist EPA by providing occurrence data United States. Therefore, EPA believes 2002d; USEPA, 2003c). The Agency beyond what is required of them. that the data assembled from these discussed the review of the four However, the commenter raised States is the most representative data chemical treatment technique NPDWRs concerns that he/she felt EPA needs to currently available of national (i.e., acrylamide, copper, address to facilitate further data sharing. contaminant occurrence. epichlorohydrin, and lead) in both the Some commenters expressed concern The Agency did receive occurrence draft and final ‘‘Water Treatment about the completeness and data from States other than those in its Technology Feasibility Support representativeness of the 16-State data 16-State cross-section. However, many Document for Chemical Contaminants; set used for the Six-Year Review. One State data sets contained incomplete In Support of EPA Six-Year Review of commenter suggested that the Agency records (e.g., no water type or National Primary Drinking Water should have issued an Information population records specified) or had Regulations’’ (Treatment Feasibility Collection Request to obtain more other quality problems. Therefore, they Documents) (USEPA, 2002b; USEPA, complete data for the Six-Year Review were not included in the analyzed data 2003g). The Agency has no specific analysis. set. information that provides a basis for EPA Response: The Agency is b. Occurrence Analysis Methodology. revisions to TT requirements at this updating the NCOD to provide sample One commenter noted that while the time. However, EPA believes that data that have been quality checked and occurrence estimation methodology has research data in a number of treatment- used in various EPA analyses. This several strengths, it also has a number related areas may be useful in future update to NCOD includes unregulated of flaws. The commenter was concerned reviews of NPDWRs. The Agency is occurrence data collected prior to 1999 about the large proportion of non- committed to working with stakeholders as well as the latest Unregulated detected observations in the occurrence to identify and prioritize treatment- Contaminant Monitoring Rule data (64 data, and the difficulty of verifying the related research needs, and to work with FR 50556, September 17, 1999 (USEPA, assumptions made by the Agency. The EPA’s research partners to address the 1999b)) reported by laboratories for commenter agreed that EPA’s highest priority needs. public water systems required to report occurrence analysis may represent a results. It also includes the data used for ‘‘decent’’ estimate given the limitations 5. Review of Implementation-Related the Six-Year Review of regulated of the data. The commenter also noted Issues contaminants. EPA appreciates that that the occurrence estimation While several commenters felt overall some States are willing to share their methodology is premised on ‘‘subjective that EPA’s Six-Year Review protocol full compliance monitoring records with decisions or qualitative observations was reasonable and appropriate, they the Agency, even though it is not * * * rather than documented, encouraged EPA to consider required. The Agency and the States are statistically-based quantitative ones’’ implementation-related modifications continuing to work together to establish and would like to have seen alternate (i.e., ‘‘other regulatory revisions’’) as a a protocol for data sharing, including approaches used to provide reason to revise a rule, even if there safeguards to prevent misuse and confirmation of the estimates. In were no basis to revise the MCLG and/ misinterpretation of data. addition, the commenter questioned or MCL/TT requirements. The 16-State cross-section data set why the Agency used ‘‘modeled data EPA Response: Implementation- compiled for occurrence analyses for the sets to test the model rather than a related issues are the primary reason for Six-Year Review is the largest standard statistical strategy of basing the the Agency’s decision to revise the TCR compliance monitoring data set for model on a portion of the data set and at this time (67 FR 19030 at 19085, April drinking water assembled by EPA to using the remainder to test the model.’’ 17, 2002 (USEPA, 2002g)), so it is clear date. The design and construction of the One commenter stated that the Stage that EPA considered implemented- 16-State cross-section data set was based 2 analysis (Bayesian analysis) was related issues in its review. The Protocol on the fact that contaminant occurrence poorly described and that this conflicts Document (USEPA, 2002d; USEPA, varies spatially (geographically) due to with the transparency requirements of 2003c) identifies the conditions under differing patterns of population, land the 1996 SDWA Amendments. In which the Agency will consider use, chemical use, geology, hydrology, addition, the commenter asked EPA to implementation-related revisions. EPA and climate. The detailed description of clarify how the occurrence data from continues to believe these criteria are the ‘‘pollution-potential’’ and other survey efforts, which are appropriate. During the current review, geographic diversity considerations, and summarized in ‘‘Occurrence Summary none of the identified potential the derived balanced cross-section of and Use Support Document for the Six- implementation-related revisions States (that was developed to be Year Review of Existing National pertaining to the chemical NPDWRs, in collectively indicative of national Primary Drinking Water Regulations’’

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(Occurrence Summary Document) at this time because there is no national explicit count of non-detects by this (USEPA, 2002f), were used to inform the database with a complete collection of same matrix. modeling effort. regulated contaminant occurrence data. EPA Response: There are several EPA Response: EPA’s occurrence Thus, there is no ideal basis for general approaches when undertaking model development work was comparison of national occurrence and designing studies that require large significantly revised to reflect peer studies (i.e., the true system amounts of data. As the commenter review comments prior to the March contaminant means and national states, a priori data quality objectives 2002 Occurrence Methodology distributions of contaminant occurrence are part of one research approach where Document (USEPA, 2002e) and the are not, and cannot, be known). The study objectives (including technical April 17, 2002, Federal Register. The validation approach suggested by the statistical performance measures) are additional work involved the commenter (i.e., basing the model on a set, determinations are made on how to development of a detailed simulation portion of the data set and using the meet those objectives, and then the study to evaluate the Bayesian model. remainder to test the model) is intended study is designed and implemented EPA evaluated the performance of the for a regression-type of model using accordingly. This ideal was not practical Bayesian estimator and an alternative observed system means to develop a for the national occurrence study occurrence estimation approach, the model for system-specific predictions. conducted for the Six-Year Review Regression on Ordered Statistics (ROS) This approach is not possible for the because EPA did not have the resources method, against synthetic data (i.e., data six-year occurrence assessments, since, to generate original data, and was thus developed with known national to the best of EPA’s knowledge, data on dependent on the data that could be contaminant occurrence distributions). the true individual system contaminant obtained from the States. The approach This simulation study also enabled an mean concentrations and national taken by the Six-Year Review was to explicit evaluation of the validity of the distributions are not available. gather a large amount of data that, in assumption of a log-normal distribution Regarding the other survey studies aggregate, was expected to be indicative of the data. included in the Occurrence Summary of national contaminant occurrence, The simulation study was conducted Document, few, if any, provide the develop an occurrence estimation model using varying conditions of a correctly quantitative analytical results and that built upon what has been learned and incorrectly specified model, and national, representative coverage that from recent regulatory development synthetic data sets developed with high would enable direct comparison to, or work, and then evaluate how good the and low amounts of non-detected data. inclusion in, the Six-Year Review resulting model estimates are. The study findings indicated that the estimation analyses conducted with the As discussed in section IV.A.6.b of Bayesian estimator performed well at 16-State cross-section occurrence data. today’s action, the true national estimating the distributions of c. Other Issues Related to the distributions of contaminant occurrence contaminant concentration means Occurrence Technical Review. One cannot be known. The 16-State national (especially in the upper tails), commenter stated that the Agency’s cross-section data set used for the Six- performed better than the alternate current approach to estimate Year Review is the largest compliance approach (i.e., the ROS method), and occurrence, employing a conservative monitoring database for drinking water accurately estimated the uncertainty of methodology and making conservative compiled by EPA to date. The database the distributional estimates. The Agency simplifying assumptions in the absence represents approximately 37 percent of believes that this analysis supports the of definitive data, was appropriate. On the total number of public water validity of EPA’s analytical approach. the other hand, the commenter argued systems and 43 percent of the total The Bayesian model was tested against that it was not appropriate for the population served by public water the ROS approach because the ROS Agency to conduct as massive a data systems in the United States. External method is an accepted drinking water collection and analysis project as was peer reviews assessed the approach for contaminant occurrence estimation undertaken without clear quantitative developing the national cross-section approach and was used to estimate objectives for the analysis identified a and its ‘‘representativeness’’ separately occurrence for the recent arsenic rule. priori. The commenter noted that it was under the Chemical Monitoring Reform These findings were all included and not apparent from either the April 17, (CMR) project (in 1998/1999) (USEPA, described in the Six-Year Review’s 2002, Federal Register or the 1999c) and the Six-Year Review project Occurrence Methodology Document. Occurrence Methodology Document (USEPA, 2002e), and provided generally EPA has attempted to make its (USEPA, 2002e) that the Agency favorable comments. occurrence analysis as clear as possible. undertook an effort to set performance The data management and cross- In response to the concerns raised by objectives for the occurrence estimation. section development have been the peer reviewers, a less technical The commenter felt that the described in detail in the support description of the occurrence estimation Occurrence Methodology Document documents for the CMR and the Six- methodology, aimed at the general does not allow the reader to determine Year Review. Further tabulations of the reader, was added to the main body of if the data are well apportioned among data have been generated and presented, the document. A detailed description of the categories for which results are as the commenter requested, in the final the analysis, intended for readers with reported. They also noted that they were Occurrence Methodology Document technical expertise, including the unable to find indications in the support (USEPA, 2003d). This information complete computer code used for model document that such an analysis was includes the numbers and percentages analysis, was incorporated into an undertaken in preparation for of analytical detections and non- appendix of the document. EPA agrees constructing the Bayesian model. The detections for each contaminant in each that its estimation methodology is commenter stated that the support of the system size and source water type complex, but also believes that it is as document does not include actual categories. Generally, because of the transparent as possible while still numeric counts or ranges of detected large amount of data and the manner in providing a technically accurate values and suggested that it would be which the Bayesian model handles data, description of the Agency’s analysis. useful to have this information by the distribution of observations across The use of simple national occurrence contaminant, State, system size the various categories does not (statistical) assessments is not possible category, and water type, as well as an significantly affect EPA’s estimates. The

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number of analytical records differed by assessment showed that the differences common mechanism of toxicity. It contaminant. EPA evaluated 27,648 to were small. In EPA’s judgment, these would be premature to propose a total 93,062 analytical records for the differences are unlikely to provide a chloroacetanilide pesticide standard individual inorganic chemicals, 32,606 meaningful opportunity for health risk until a cumulative risk assessment is to 121,327 records for the synthetic reduction or cost-savings to public completed because this analysis could organic chemicals, and 123,229 to water systems and their customers. impact the Agency’s evaluation of 201,235 records for the volatile organic After consideration of these factors, EPA specific members of this group, or the chemicals. Most importantly, the Stage decided that any revision would be a group as a whole. 2 occurrence model also quantifies the low priority activity for the Agency, uncertainty of the estimates in the and, thus, not appropriate to revise at 2. Antimony different categories of system size and this time because of: Competing a. Health Effects. A number of source water type. Hence, the statistical workload priorities; the administrative commenters have suggested that the significance of differences in occurrence costs associated with rule making; and current MCLG and MCL of 0.006 between the categories can be easily the burden on States and the regulated milligrams per liter (mg/L) for antimony assessed. However, the Agency believes community to implement any regulatory need to be revised. Some of the reasons it is more appropriate to consider the change that resulted. In the case of given were: universe of potentially affected systems dichloromethane, the Agency did not • The study used to derive the within the 16-State cross-section, rather have sufficient data to recalculate the current MCLG (Schroeder et al.,1970) is than individual system categories, when PQL to support any potential regulatory not consistent with current good making its revise/not revise decisions as revision and thus placed it in the data laboratory practice guidelines and there part of the Six-Year Review process. gaps category.3 are several newer studies of antimony 7. Consideration of Available Economic B. What Comments or New Information toxicity that should be considered in Information Did EPA Receive on Chemical deriving a new reference dose (RfD). • Animals used in the Schroeder et Some commenters stated that, while Contaminant-Specific Issues? al., 1970 study had a viral infection. To the Agency’s review of NPDWRs was 1. Alachlor compensate for this infection, generally consistent with NDWAC One commenter stated that the Office adjustments were made to the size of the recommendations to EPA (NDWAC, of Pesticide Programs (OPP) found that animal groups in an attempt to salvage 2000), it is not clear how the Agency the chloroacetanilide pesticides the data. took economic factors into account. • EPA Response: An EPA (acetochlor, alachlor, and butachlor) The antimony compound used in memorandum, dated March 18, 2002, should be considered as a group of the Schroeder et al., 1970 study was describes the Agency’s qualitative chemicals having a common mechanism potassium antimony tartrate, the most evaluation of economic factors (USEPA, of toxicity due to their ability to cause water soluble and toxic form of nasal turbinate tumors. The commenter 2002c). This memorandum was cited in antimony. Antimony found in drinking believes EPA therefore should adopt a the April 17, 2002, Federal Register and water is likely to be in the form of less strong total chloroacetanilide pesticide is available in the docket for the Six- toxic trivalent and pentavalent standard that would strengthen the Year Review (Docket No. OW–2002– antimony species. Therefore, basing the current standards. MCLG on the most toxic species of 0012). It notes that detailed economic EPA Response: Butachlor and analyses were not deemed by the antimony (potassium antimony tartrate) acetochlor do not presently have an is likely to overestimate the risk posed Agency to be necessary to support its NPDWR and thus, are not included in decisions of whether or not to revise a by antimony in drinking water. the Six-Year Review. However, EPA Response: EPA agrees that the particular NPDWR. Rather, a qualitative acetochlor is included on the assessment, based on the extent of MCLG and MCL for antimony may need Contaminant Candidate List (CCL) and to be re-evaluated. EPA is in the process occurrence of a contaminant at the MCL, may in the future be considered as a as well as at alternative levels, was of developing a new health risk candidate for regulation. Alachlor is a assessment for antimony, taking into undertaken to inform the Agency’s regulated drinking water contaminant judgment about whether possible consideration new studies that have and is included in the Six-Year Review. become available on the toxicity of changes to an MCL offered a meaningful It is currently undergoing a risk opportunity for health risk reduction antimony. EPA expects to complete the assessment and, therefore, the Agency health risk assessment for antimony in and/or cost-savings to public water believes that revision of the NPDWR is systems and their customers. EPA has the 2003–2004 time frame (68 FR 5870, not appropriate at this time. February 5, 2003 (USEPA, 2003h)). As a conducted this assessment for 15 of the If the Agency decides to regulate result of the ongoing health risk chemical NPDWRs for which the either acetochlor or butachlor in the assessment, a revision to the antimony Agency had determined that a potential future, EPA may consider regulating standard is not appropriate at this time, health or technological basis may exist them as a group, including alachlor, and antimony will be re-evaluated as for considering a revision to the MCLG/ following a cumulative risk assessment 2 part of the next Six-Year Review MCL. EPA compared the estimated process for pesticides that have a occurrence and exposure values at the process. current MCL and at potentially revised 3 The other three NPDWRs in the data gaps b. Treatment and Implementation regulatory level(s). For 14 of these category, chromium, fluorida, and lead, were placed Issues. Several commenters questioned chemical NPDWRs, the Agency’s there for reasons other than occurrence and the appropriateness of the antimony economic considerations. Chrominum is in the data MCL, and the effectiveness of using the gaps category because of the studies being 2 These 15 chemical NPDWRs are: Benzene; conducted by the National Toxicology Program EPA-designated best available beryllium; chlordane; 1,2-dibromo-3- studies. Fluoride is in the data gaps category technologies (BATs) to meet the chloroproppane dichloromethane; 1,1- pending a National Academy of Sciences update of antimony MCL. A few small systems in dichloroethylene; 1,2-dichloropropane; heptachlor; the health risk assessment and review of the RSC Utah have levels of antimony in water heptachlor, epoxide; hexachlorobenzene; lindane; assumptions. Lead is in the data gaps category oxamyl; picloram; toxaphene; and 1,1,2- based on consideration of public comments (see at or above the MCL value of 0.006 mg/ trichloroethane. section IV.B.13 of today’s action). L. These systems were granted

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exemptions contingent upon testing and assessment is based on reproductive and not been finalized. For purposes of the installation of treatment by March 2004. developmental endpoints which Six-Year Review protocol, EPA These systems are investigating represents a change from the toxicity considers a risk assessment final when treatment options for the removal of endpoint that formed the basis of the an Interim Reregistration Eligibility antimony from their source water. current MCLG. Two commenters stated Decision (IRED), Reregistration Commenters submitted supporting data that the MCL for atrazine should be Eligibility Decision (RED), and/or IRIS documenting the results of their testing revised upward because of the results of assessments are complete.4 Even though and cost analyses. According to the 2002 OPP risk assessment in which an IRED for atrazine was signed on commenters, on-site testing indicated the RfD increased and the cancer January 31, 2003, an amended IRED is that the designated BATs (i.e., reverse classification changed from ‘‘possible scheduled to be released in October osmosis and coagulation/filtration) and human carcinogen’’ to ‘‘not likely to be 2003 which will include a Scientific most of the other tested treatments were a human carcinogen.’’ The commenters Advisory Panel (SAP) peer review of ineffective and/or prohibitively stated that the change in the cancer new data related to health effects. Based expensive due to: raw water quality assessment implies elimination of the upon the outcome of the SAP review, concerns; water conservation needs; additional 10-fold risk management the October 2003 IRED may include current costs for water production; and factor used in 1991 to derive the MCLG/ additional information that could other concerns, such as waste water MCL for atrazine. Another commenter impact a revise/not revise decision. management. However, commenters did stated that atrazine should be regulated Therefore, EPA does not believe it is identify treatment options that may be using a non-linear approach which appropriate to consider possible feasible, but these may require further recognizes that there is a level at which revisions to the NPDWR at this time. investigation prior to full scale use. no known health effects occur and that In reviewing the atrazine regulation, EPA Response: As discussed in the these findings must be part of the new EPA will apply an approach consistent April 17, 2002, Federal Register and as MCL. with the protocol used for the current noted in the previous response in Conversely, another commenter stated review. The Agency will consider the section IV.B.2.a, EPA does not believe it that there is substantial new evidence same key elements (i.e., health effects is appropriate to consider revisions to from epidemiological and occupational review, technology review, other the NPDWR for antimony at this time studies that atrazine poses a serious regulatory revisions review, and, if because of the ongoing health risk cancer risk, and that it is an endocrine appropriate, occurrence/exposure assessment (67 FR 19030 at 19051 disruptor at low levels. The commenter analyses and consideration of available (USEPA, 2002g)). believes EPA should adopt a revised economic information) and apply the When EPA initially promulgated the atrazine and total triazine standard same basic decision tree for making a antimony NPDWR in 1992, the Agency lower than (i.e., more stringent than) the revise/not revise decision. estimated that 200 public water systems current 0.003 mg/L standard for To address the issue of regulating the would be affected (USEPA, 1992). EPA atrazine. triazines as a group, the Agency is recognizes that implementation of this A commenter also urged the Agency evaluating the unregulated triazines as standard may present challenges for a to: part of the CCL process. When the risk few localities. Although the use of the • Provide a definitive timetable for assessment is completed for atrazine, designated BATs for antimony may not review of the standard; the Agency will consider whether or not be appropriate in some cases, as long as • Outline a preliminary scope for its there are compelling reasons for systems comply with the MCL, they are review of the standard; and considering a revision to the atrazine not limited to these technologies. • State the underlying premise for the regulation or to wait until the risk EPA believes that the treatment data scope of the review. assessment for the triazines, which generated by the commenters may be Other commenters stated that the considers issues of cumulative risk, is valuable and may provide insight into existing NPDWR only regulates the finalized. EPA will use the CCL potential alternative treatment parent compound atrazine, and that a regulatory determination process in technologies. The Agency has revised revised NPDWR should include the deciding whether the triazines should the document, ‘‘Water Treatment chloro-metabolite degradants (i.e., be regulated as a group. Technology Feasibility Support diaminochlorotriazine (DACT), desethyl b. Costs of Treatment. Commenters Document for Chemical Contaminants; atrazine (DEA), and desisopropyl stated that the costs associated with not In support of EPA Six-Year Review of atrazine (DIA)). These commenters revising the MCL are great. These National Primary Drinking Water believe that inclusion of the chloro- commenters are concerned that State Regulations’’ (Treatment Feasibility metabolites would strengthen agencies will be required to develop Document) (USEPA, 2003g) to refer to compliance monitoring programs for total maximum daily loads (TMDLs) these preliminary test data as they may public water systems under SDWA and based on 303(d) 5 listings resulting from be applicable to the development of thereby strengthen public health potential new treatment technologies for protection. They stated that a regulation 4 The IRED is an intermediate decision for an the removal of antimony and other for atrazine and the chloro-metabolites individual pesticide that does not take into account should be developed and promulgated cumulative risk issues for pesticides with a contaminants. common mode of action. The RED does include within the next 12 to 18 months. 3. Atrazine cumulative risk. If an IRIS assessment is also in Another commenter stated that since the process when the IRED or RED is signed, EPA will a. Health Effects. Several commenters Agency has found that atrazine, make a case-by-case decision on whether to wait for addressed the EPA decision not to simazine, propazine, and the degradants the IRIS assessment before considering possible revisions to the NPDWR. consider revision of the MCL for DACT, DEA, and DIA have a common 5 Section 303(d) of the Clean Water Act and the atrazine at this time. Some of these mechanism of toxicity, these should be implementing regulations (40 CFR 130.7) require commenters stated that EPA should use regulated in a total triazine regulation. States to develop TMDLs for waters where required the risk assessment, released by OPP in EPA Response: EPA does not believe point and nonpoint source pollution controls are not stringent enough to attain or maintain May 2002, as a basis for reconsidering it is appropriate to consider revisions to compliance with State water quality standards after the atrazine NPDWR. One of the the NPDWR for atrazine at this time the application of technology-based and other commenters noted that the 2002 risk because the revised risk assessment has Continued

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an outdated MCL which creates a considered, as well as occurrence in on chromium become available from the burden on State and local government, public water systems. The RfD for National Toxicology Program (NTP) its citizens, and diverts limited beryllium was revised in 1998 based on studies of the health effects of resources away from programs that extensive Agency internal and external chromium VI. provide real benefits. Some commenters reviews, and is unlikely to be revised in EPA Response: The NTP studies that also stated that the treatment costs to the absence of new data. The 1998 the commenter refers to should be hundreds of community water systems assessment also provided separate available before the end of the next Six- are considerable. One commenter also cancer classification for inhalation and Year Review cycle. Meanwhile, EPA is stated that these are real dollars that oral exposures (USEPA, 1998). In the continuing to follow the progress of would otherwise be available for revised assessment, the carcinogenicity NTP in conducting subchronic and emergency services, education, nutrition of beryllium by the inhalation route was chronic studies of chromium VI.6 NTP programs, and other vital programs that described as ‘‘likely,’’ while that by the made the data from the subchronic are the responsibilities of local and State oral route of exposure ‘‘cannot be portion of the study available to the agencies. determined.’’ As discussed in the April public in June 2002 (NTP, 2002). A peer EPA Response: As stated in the 17, 2002, Federal Register, the Agency review meeting was held at NTP on July previous response in section IV.B.3.a, considered the occurrence of beryllium 24, 2002. EPA will examine the peer EPA does not believe it is appropriate to at both potentially higher and lower review report covering the subchronic revise the NPDWR for atrazine at this regulatory levels. EPA concluded that a data once it becomes available. Once the time because the risk assessment is not revision to the NPDWR would not result subchronic and chronic studies are yet final. If EPA decides to revise the in a meaningful opportunity for health completed, the health effects data will NPDWR for atrazine, economic factors, risk reduction or cost-savings to public be evaluated with regard to their impact including feasibility and an assessment water systems and their customers. As on the present RfD and cancer of costs and benefits, will be taken into a result, revision of this NPDWR is a assessment, and integrated with the consideration for the drinking water low priority action for the Agency and occurrence and analytical method data program. is not appropriate at this time. before making a new revise/not revise The goal of drinking water standards decision. 4. Beryllium is to protect public health. Therefore, it 7. 1,1-Dichloroethylene Two commenters believed that the does not matter whether the source of current drinking water standard for contamination is naturally-occurring or In the April 17, 2002, Federal beryllium is more stringent than man-made. While EPA appreciates the Register, the Agency preliminarily necessary for the protection of public information on private wells, the SDWA placed 1,1-dichloroethylene in the no health and felt that EPA should adopt a requirements do not apply to private revision category because a health risk higher value for the beryllium standard. wells (i.e., wells that are not part of a assessment was pending at the time of These commenters disagreed with EPA ‘‘public water system’’). The costs and publication. Since the publication of the on the use of an uncertainty factor of benefits of a drinking water standard are April 17, 2002, Federal Register, the 300 in deriving the 1998 RfD. The assessed only with regard to the impacts Agency has finalized the risk commenters stated the use of on public water systems and their assessment for 1,1-dichloroethylene. uncertainty factors of 3 for database customers. The remaining paragraphs in this uncertainty, 10 for extrapolating data section include a brief background from a dog study to humans, and 10 for 5. Carbofuran discussion about the original intraspecies variation is inappropriate. Some commenters mentioned that the promulgation of the 1,1- The commenters stated that EPA has the Agency concluded that N-methyl dichloroethylene NPDWR, the results of authority to raise the current drinking carbamates, including carbofuran, the appropriate six-year technical water standards for beryllium based on should be considered as a class because reviews and the Agency’s revise/not new information that allows for a they have a common mechanism of revise decision. smaller margin of safety than the one toxicity. Therefore, they believe EPA a. Background. EPA published the used by EPA. The commenter felt that should issue a stronger standard for current NPDWR for 1,1- the current standard for beryllium is total N-methyl carbamates, including dichloroethylene on July 8, 1987 (52 FR ‘‘lower than necessary to protect the carbofuran, which would be more 25690 (USEPA, 1987)). The NPDWR public from beryllium toxicity and stringent than the current carbofuran established an MCLG and an MCL of results in clean-up standards that are standard of 0.04 mg/L. 0.007 mg/L. The Agency based the lower than naturally occurring level of EPA Response: EPA is re-evaluating MCLG on an RfD of 0.009 milligram per beryllium in water sources and soils.’’ the toxicity of carbofuran. However, a kilogram of body weight per day (mg/ This commenter also expressed concern final assessment has not been issued by kg/day) and a cancer classification of C, that the local application of the Federal EPA. The Agency considers N-methyl possible human carcinogen. drinking water standard to private wells carbamate pesticides as a group of b. Technical Reviews. EPA updated in some cases caused undue concerns chemicals having a common mechanism the risk assessment for 1,1- among users of those wells. of toxicity due to their ability to inhibit dichloroethylene on August 13, 2002 EPA Response: One of the purposes of acetylcholinesterase. However, it is not (USEPA, 2002i). The new risk the Six-Year Review is to determine if appropriate to revise the NPDWR for assessment established an RfD of 0.046 the MCL of a chemical should be carbofuran at this time because the mg/kg/day, based on the same changed based on a revised RfD or Agency has not yet completed the final toxicological study as that of the MCLG, cancer classification. Analytical health risk assessment for carbofuran or but using an uncertainty factor of 100 methods and treatment technologies are the other N-methyl carbamates. 6 Since NTP is posting its progress on its internet required controls. A TMDL establishes the 6. Chromium site http://ntp-server.niehs.nih.gov/htdocs/Studies/ maximum amount of a pollutant that may be HexChromium/hexchromiumpg.html, EPA and the introduced into a waterbody while still ensuring One commenter requested that EPA public will be able to evaluate the new data relative attainment and maintenance of water quality move quickly in making a revise/not to the existing EPA assessment for chromium VI as standards. revise determination once the new data it is released.

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instead of 1,000, and using benchmark used 0.03 mg/L as a level for evaluating whether possible changes to the dose modeling for the dose-response the occurrence data. Without the use of standard would be likely to result in a analysis. Under the 1986 cancer the 10-fold risk management factor, EPA meaningful opportunity for cost-savings guidelines (51 FR 33992, September 24, also used 0.3 mg/L as a level for to public water systems and their 1986 (USEPA, 1986)), 1,1- evaluating the occurrence data. customers (USEPA, 2003d). Table IV–1 dichloroethylene was assigned to Group Analytical or treatment feasibility do shows the results of the detailed C, possible human carcinogen. Under not pose any limitations for the current occurrence and exposure analysis based the draft revised ‘‘Guidelines for MCL and would not be a limiting factor on the 16-State cross-section for the Carcinogen Risk Assessment’’ (USEPA, at the 0.03 mg/L or the 0.3 mg/L level current MCL (0.007 mg/L), and for two 1999a), the data for 1,1-dichloroethylene (USEPA, 2002a; USEPA, 2003g). The higher levels (0.03 mg/L and 0.3 mg/L). were considered inadequate for an Agency’s review of possible ‘‘other Based on the detailed analysis, it assessment of human carcinogenic regulatory revisions’’ did not identify appears that 1,1-dichloroethylene is potential by the oral route. any issues that are specific to 1,1- unlikely to occur at concentrations Based on the change in RfD for 1,1- dichloroethylene (USEPA, 2003b). dichloroethylene, using a 20 percent EPA evaluated the results of the above 0.007 mg/L in the States used for RSC and a 10-fold risk management occurrence and exposure analyses for the cross-section. factor for possible carcinogenicity, EPA 1,1-dichloroethylene to determine BILLING CODE 6560–50–P

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BILLING CODE 6560–50–C

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The results of the detailed occurrence passing rates using a +/¥40 percent The assessment will include and exposure analysis indicate that less acceptance window at ‘‘known’’ spike examination of the studies on which the than 0.02 percent of the 19,101 systems concentrations close to current MCL of current NPDWR is based, as well as an sampled in the 16-State cross-section, 0.005 mg/L. If laboratory contamination evaluation of the data provided by this and less than 0.02 percent of the due to dichloromethane were a problem, commenter and new studies that have population served by those 19,101 such high passing rates at this value become available since DEHA was systems might be affected if EPA were would not be expected. The MDLs for regulated. This health risk assessment is to consider levels as high as 0.03 mg/L 524.2 and 502.2 were only used with the planned for completion in the 2003– to 0.3 mg/L. The current BATs and 10 times MDL multiplier to estimate 2004 time frame (68 FR 5870, February small system compliance technology for what the lower value could be. 5, 2003 (USEPA, 2003h)) and is 1,1-dichloroethylene have other However, EPA does agree that, at this expected to include development of an beneficial effects (e.g., reduction of time, the Agency does not have RfD for non-cancer health effects, as other co-occurring contaminants, or sufficient data to recalculate the PQL for well as an assessment of potential other common impurities) in addition to dichloromethane and for this reason, the carcinogenicity from oral exposure. At 1,1-dichloroethylene removal. Agency placed it in the data gap this time, it is premature to predict the Therefore, if EPA were to consider any category. outcome of the Agency’s assessment. of these higher levels, the Agency does Regarding the occurrence issue, EPA Thus, as discussed in section IV.A.2.a of not know how many of these public has no data to suggest that high today’s action, the Agency believes that water systems that are currently treating occurrence values were due to false revision to the NPDWR for DEHA is not to comply with the current MCL of positives from laboratory contamination appropriate at this time. EPA will 0.007 mg/L would be likely to and the Agency is proceeding on the determine in the future if revision of the discontinue treatment that is already in assumption that State data are accurate MCLG/MCL is warranted. Any revision place (USEPA, 2002c; USEPA, 2003g). unless there is information to the to the MCLG/MCL will also take into c. Current Decision. Although there contrary. If laboratory contamination consideration all the new information, are new health effects data that might due to dichloromethane does exist, including the water solubility of DEHA support calculation of a less stringent laboratories should be able to identify under various environmental standard for 1,1-dichloroethylene, EPA and discern a contamination issue if conditions. does not believe a revision to the they are running laboratory blanks. As stated by the commenter, the NPDWR for 1,1-dichloroethylene is 9. Di(2-ethylhexyl)adipate (DEHA) legislative history of the 1996 SDWA appropriate at this time. In making this Amendments supports EPA’s One commenter submitted detailed decision, the Agency considered interpretation that the Agency could comments regarding di(2- whether any potential revision to the increase an MCLG and MCL as long as ethylhexyl)adipate (DEHA). The 1,1-dichloroethylene NPDWR is likely the relaxed standard does not lessen the commenter believed that EPA should to provide a meaningful opportunity for level of public health protection. consider removing the regulation for cost-savings to public water systems and However, EPA does not believe, at the DEHA and provided the following their customers. After consideration of present time, that it can demonstrate this factor, EPA has decided that any reasons: • The regulation of DEHA in drinking that deregulating DEHA would maintain revision to 1,1-dichloroethylene would the current level of public health be a low priority activity for the Agency, water does not provide any meaningful reduction in the health risk to humans protection (see section IV.A.1.c of and, thus, is not appropriate to revise at today’s action). this time because of: because it is unlikely to cause adverse • Competing workload priorities; effects to humans, including 10. Di(2-ethylhexyl)phthalate (DEHP) • reproductive effects, except at very high The administrative costs associated The same commenter who submitted with rulemaking; and doses which cannot be attained in • The burden on States and the drinking water, due to the low water comments on DEHA also submitted regulated community to implement any solubility of DEHA. detailed comments regarding di(2- regulatory change that resulted. • The weight of evidence indicates ethylhexyl)phthalate (DEHP). The that the peroxisome proliferation commenter felt that EPA should 8. Dichloromethane mechanism of DEHA rodent consider removing the regulation for One commenter stated that it may be carcinogenicity is not relevant to DEHP for a variety of reasons, including difficult to lower the PQL for humans. Thus, the MCLG for DEHA the following: • dichloromethane below the range of should not include an additional 10-fold The regulation of DEHP in drinking 0.001 to 0.002 mg/L since it is required risk management factor for possible water does not provide any meaningful in a number of EPA methods and carcinogenicity. reduction in the health risk to humans. therefore is a common laboratory • The legislative history of the 1996 • The weight of the evidence contaminant. Because it is a common SDWA indicates that Congress indicates that the mode of action laboratory contaminant, the commenter envisioned circumstances where through which DEHP causes cancer in stated that using the MDL for 524.2 and relaxation of an MCL would provide the rodents is not relevant to humans and, 502.2 does not constitute a reasonable same level of health protection as the thus, the MCLG for DEHP should not be basis for assuming that the PQL can be existing regulation. Accordingly, if zero. Any MCLG for DEHP should be lower. The commenter stated that none DEHA cannot be deregulated, the based on a threshold endpoint and not of the existing WS studies had spike commenter believes the MCLG and MCL on cancer. The commenter cited the samples this low and, in addition, the should be increased. February 2000 International Agency for occurrence data may have been EPA Response: DEHA was regulated Research on Cancer reclassification of compromised due to laboratory in 1992. Since that time, new studies DEHP from Group 2B (possibly contamination. have become available on the toxicity of carcinogenic to humans) to Group 3 (not EPA Response: The basis for EPA DEHA and its metabolites. For this classifiable as to its carcinogenicity to indicating that a lower PQL ‘‘may exist’’ reason, EPA decided to initiate a new humans) as justification for was due to the fact that laboratories had health risk assessment of DEHA (67 FR recommending that EPA also reconsider greater than 95 percent laboratory 1212, January 9, 2002 (USEPA, 2002a)). its cancer classification.

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• The solubility of DEHP in drinking that deregulating DEHP would maintain • More than 25 percent of students water is well below any concentrations the current level of public health are not served by a public water system that would pose a risk to humans. protection (see section IV.A.1.c of that provides water at levels adequate to • If DEHP were to be considered for today’s action). protect against dental caries; and regulation under the statutory • The students served are requirements of the 1996 SDWA, it 11. Fluoride kindergarten age or greater. would not be regulated. EPA received three comments on the • The legislative history of the 1996 Agency’s decision to place fluoride in 12. Glyphosate SDWA indicates that Congress the data gap category while the National Two commenters made the statement envisioned circumstances where Academy of Sciences (NAS) examines that, despite continued use of relaxation of an MCL would provide the the toxicological and RSC data glyphosate in pesticide applications, same level of health protection as the published over the last decade. Two of available data and the Agency’s existing regulation. Accordingly, the the commenters supported EPA’s occurrence analysis, which includes a commenter believes consideration decision. One of these requested that the prediction of frequency of occurrence at should be given to increasing the MCLG NAS concentrate its review on all of the levels below detection, indicate that for DEHP based on the new health data on the toxicology of fluoride and glyphosate is not observed in effects data. not just data on the critical skeletal compliance monitoring. One of these • Reproductive effects from DEHP as effects. A third commenter requested commenters stated that the occurrence observed in rodents do not appear to be that EPA not lower the MCL for fluoride appeared to be rare (less than 0.1 relevant for primates and the doses that from 4 mg/L to 2 mg/L and supported percent) at concentrations 1,000 times are associated with effects in animals the 1986 EPA decision that dental lower than the MCL. In addition, are well above those that would be fluorosis is a cosmetic effect rather than according to the commenters, the cost of experienced for humans exposed an adverse health effect. The commenter analyzing for glyphosate is expensive, through drinking water because of stated that the Public Health Service since it is a single analyte analysis. solubility limitations. The commenter (PHS) recommended fluoridation level Accordingly, the commenters wanted also highlighted the findings of the NTP to be used at schools is 3 mg/L. The EPA to reconsider the glyphosate Center for the Evaluation of Risk to commenter also stated that if EPA were standard taking costs and benefits into Human Reproduction that there was to lower the MCL, then schools that are account. The commenters felt that the ‘‘minimal concern for reproductive or currently fluoridating might have a data may indicate that a glyphosate developmental toxicity for the general conflict with the PHS recommendations standard is inappropriate and does not population, based on estimates of total and the EPA MCL. result in any additional public health exposure to DEHP.’’ EPA Response: The National Research protection. Therefore, the commenters EPA Response: Revision of the Council (NRC) of the NAS has agreed to recommended EPA pursue data gaps NPDWR for DEHP is not appropriate at review the toxicological data on fluoride that the Agency would need to fill in this time because an Agency health risk that have been published since it order to demonstrate that eliminating assessment is currently in process. The completed the 1993 study of ‘‘Health the glyphosate standard would not assessment is anticipated to be Effects of Ingested Fluoride’’ (NRC, lower public health protection. completed in the 2003–2004 time frame 1993), and to examine the data on EPA Response: EPA is conducting an (68 FR 5870, February 5, 2003 (USEPA, relative fluoride exposure from drinking Agency risk assessment for glyphosate 2003h)). Advances in understanding water compared to fluoride exposure that will update the 1993 OPP differences between the primate and from the diet and fluoride-containing assessment. As a part of this process, rodent response to DEHP and the body dental products. Although the Agency EPA is considering all the data that have of toxicological data that have become indicated in the April 17, 2002, Federal been published or submitted to EPA available in the past decade motivated Register that new data on bone effects since the completion of the RED in 1993 the Agency’s re-examination of DEHP were a reason for initiating the data (USEPA, 1993). Accordingly, revision of and will be fully considered in the review (because bone effects were the the glyphosate NPDWR is not reassessment. basis of the present MCLG), the NAS appropriate at this time due to the Once the Agency assessment is review will look at the new pending Agency assessment. completed, EPA will consider the toxicological data for all endpoints. It is EPA recognizes that some utilities feel findings and will determine if there is anticipated that the NAS review will that the analysis of glyphosate in a compelling reason to review the DEHP take about two years to complete. drinking water is expensive and that NPDWR prior to the next Six-Year Because of this pending review, revision this should be taken into consideration Review cycle. As discussed in sections of the NPDWR for fluoride is not with respect to cost and benefits. This IV.A.1.b and IV.A.2.a of today’s action, appropriate at this time. will be considered when EPA evaluates ‘‘revise’’ versus ‘‘not revise’’ decisions It is therefore premature to make any glyphosate in the next review cycle under the Six-Year Review take into judgment regarding the NAS findings (unless there is a compelling reason to consideration occurrence, advances in and whether or not they may lead to a evaluate glyphosate on an accelerated analytical methods, treatment consideration of a change in the MCL. schedule). For the reasons stated in technologies, available economic However, PHS recommendations for section IV.A.1.c of today’s action, EPA information, and other factors. school fluoridation programs are does not believe it is appropriate to As stated by the commenter, the designed to provide the benefits of consider deregulation of glyphosate at legislative history of the 1996 SDWA fluoridation without increasing the risk this time. Amendments supports EPA’s for dental fluorosis. The PHS 13. Lead and Copper interpretation that the Agency could recommends school water fluoridation increase an MCLG and MCL as long as only if: a. Research Needs. Three commenters the relaxed standard does not lessen the • The school has its own source of acknowledged the Agency’s January level of public health protection. water; 2000 revisions to the Lead and Copper However, EPA does not believe, at the • The school is not connected to a Rule (LCR) but stated that the Agency present time, that it can demonstrate community water system; should continue to consider how to

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make the LCR easier to implement. In between monitoring results and actual allowed to conduct water quality particular, they recommended that the rates of exposure and public health parameter (WQP) monitoring in lieu of following three LCR-related research protection is a valid issue. However, continued lead and copper tap areas be incorporated into EPA’s overall EPA recognized during the initial monitoring. One of these commenters research strategy: regulatory development of the LCR that added that this should be allowed once 1. How well LCR monitoring results a significant effort would be necessary the system has demonstrated that it does correlate to actual exposure and the to provide a statistically valid number not have a lead problem. This effectiveness of the rule in protecting and frequency of samples for an commenter also stated that the new public health. exposure assessment. The Agency thus requirements to use lead-free solder and 2. Whether there is a correlation adopted an alternative approach which plumbing fixtures should preclude between water quality at indoor and specified a monitoring scheme that problems with lead. Two commenters outdoor taps. sought to ‘‘* * * assure that systems are noted the difficulty that water systems 3. What effect the ban on lead in performing ‘optimal corrosion control’ are having maintaining their current fixtures has had on lead levels and in part by requiring systems to conduct sampling pool because homeowners no whether changes need to be made based comprehensive tap sampling at homes longer want to participate in the LCR on this ban. specifically targeted for their potential monitoring program. One of these The commenters explained their to contain elevated levels of lead and commenters recommended using WQP rationale for recommending that the copper’’ (56 FR 26460 at 26514, June 7, results to ensure corrosion control Agency determine if a correlation could 1991 (USEPA, 1991b)). One issue in treatment is being adequately be established between indoor and assessing exposure reduction resulting maintained and to stop lead and copper outdoor water quality. They stated that from the LCR is a determination of an monitoring after three to five years. The a major weakness of the LCR is that exposure baseline. EPA does not have a commenter added that once the system sample integrity may be compromised lot of data against which to measure ceases lead and copper monitoring, it by allowing customers to collect water changes in exposure that have occurred can use public education to supplement samples. If the Agency could establish as a result of rule implementation. For continuing corrosion control, and can such a correlation, the LCR could be these reasons, EPA believes that there is use coupons to demonstrate that revised to allow water system operators still insufficient information to change corrosion rates meet accepted standards. to collect samples from outdoor taps; the basic monitoring approach adopted EPA Response: While EPA is sensitive thereby removing the need for customer- in the original rule, but recognizes that to the difficulties associated with the collected sampling. additional research may be useful. EPA Response: EPA recognizes that Research on whether a correlation monitoring requirements of the LCR, the the LCR is a challenging rule that exists between the water quality at Agency is also concerned about the requires difficult solutions to indoor taps and water quality at outdoor implications of reduced or discontinued implement, but continues to believe that taps is a very complex issue. Several monitoring. Significant treatment the public health objective addressed by variables potentially affect whether a changes or water chemistry disturbances the rule is as important and essential reliable correlation exists between (such as new water sources, major pH/ today as it was when the rule was first indoor and outdoor taps. These coagulation changes, disinfectant promulgated. Since the Agency variables include: standing time within changes, or seasonal water/treatment promulgated the revisions to the LCR in the system; contact time with the changes) can influence the effectiveness January 2000 (65 FR 1950, January 12, building plumbing; and the content of of corrosion control, which in turn will 2000 (USEPA, 2000)), the Agency has the interior plumbing. These variables, require appropriate adjustments of received no significant new information coupled with the fact that lead levels treatment. Current regulations require that would support a revision. However, from building-to-building can be highly water systems to continue monitoring the Agency recognizes that more site-specific, make a correlation between lead and copper levels to assure that research would be useful to obtain indoor and outdoor taps difficult to water quality changes adversely additional information that could be establish. EPA continues to believe that affecting the presence of these utilized to address some of the issues focusing on the point of delivery to the contaminants in the drinking water are associated with the implementation of customer most closely links the data detected and to assure that appropriate this rule. For this reason, EPA has collected to the water quality consumed adjustments to maintain optimal revised its rationale for not revising the by the customer. corrosion control are made. Proper NPDWR for lead and placed it in the EPA recognizes the commenter’s process control, including water quality data gaps category. Although the concerns regarding the integrity of and corrosion inhibitor residual Agency continues to believe that the samples collected by drinking water concentration monitoring in the NPDWR for copper belongs in the risk customers. To date, however, the distribution system, is the key to making assessment in process category at the Agency has not been able to identify an any corrosion control or other treatment present time, EPA will also consider acceptable alternative to monitoring at work, and assure the continuation of copper-related risk management and the consumer’s tap that can produce proper water quality. However, EPA implementation issues as a part of any results equivalent to those obtained at recognizes that some changes might be LCR-related research plans. The Agency the point of consumption in terms of justified in the future based on new, is committed to working with ensuring adequate public health scientifically valid, information and/or stakeholders to support and coordinate protection. research. EPA is considering aspects identification and prioritization of LCR- Regarding the commenter’s third such as the implications of related research needs. Until this recommendation, EPA will consider this simultaneous treatment modifications research is completed, EPA believes it is research need as part of the Agency’s on water quality, including lead and premature to consider revisions to the overall drinking water research copper control, in its research planning. LCR; as a result, revision of the LCR is planning process. EPA is not yet able to determine not appropriate at this time. b. Relaxing the Monitoring whether the outcome of such research The Agency believes that Requirements. Three commenters will provide a basis for modifications to understanding the possible correlation recommended that water systems be the LCR treatment or monitoring

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requirements. As stated in the response Agency encourages water systems to Baltimore City is in compliance for lead in section IV.B.13.a. of today’s action, notify the State prior to making any levels, 1⁄3 of Baltimore schools are using EPA has placed the LCR in the data gaps changes thus allowing the Primacy alternative sources of drinking water category pending the completion of Agency to review the changes to reduce due to lead contamination. The future research. the potential for detrimental side- commenter expressed concern that since c. Corrosion Control Treatment effects. In the Agency’s experience, data obtained from schools, such as the Strategy. Two commenters noted changes in treatment, such as (but not data from Baltimore, was not considered concerns regarding the lead and copper restricted to) replacement of high pH in the evaluation of lead contamination corrosion control strategy. One treatment with corrosion inhibitor, in drinking water, the most vulnerable commenter indicated that the LCR changes in coagulant and coagulation population may not be protected from should be revised to allow systems to conditions, changes in disinfection, exposure to lead. The commenter stated change corrosion control strategies. The installation of membrane processes, or that it is time for the Agency to reassess commenter stated that considerable introduction of chemically different how lead levels are evaluated. development of the corrosion control waters into the distribution system EPA Response: The LCR is designed market has occurred since systems made provide potential for detrimental side- to address system-wide problems with their initial assessments and effects. Water treatment changes, lead and copper contamination. The implemented corrosion control therefore, should only be done with the rule does not specifically target programs. The commenter felt that greatest care and pilot investigations. particular structures, such as schools, currently, the ‘‘LCR locks utilities into While changes to treatment can be made but rather contains a monitoring a given control strategy,’’ when in some under the existing regulation, systems protocol designed to ensure that the instances limited pilot work and should conduct additional monitoring overall levels of lead and copper ongoing WQP monitoring would allow a (e.g., of lead, copper, and WQPs) until system-wide are minimized. Once system to re-assesses its treatment and the new treatment is fully implemented optimal treatment is implemented, any implement an alternative corrosion and stabilized. remaining problems with elevated lead control inhibitor. EPA also recognizes that the current levels in schools may be due to The second commenter indicated that LCR may limit flexibility to some extent, plumbing, coolers, or other materials in the current corrosion control strategies particularly in the adoption of new or the building. These potential sources of are marginally effective at preventing emerging technologies. The original rule lead in schools are of concern and for particulate lead and copper from attempted to balance this concern with this reason are explicitly addressed entering the water supply. The the need to provide strong public health under the provisions of the Lead commenter recommended that EPA protection by ensuring that only control Contamination Control Act of 1988 consider methods for mitigating the strategies of proven effectiveness are (LCCA) (sections 1461 to 1465 of release of insoluble components from adopted. The Agency does not have an SDWA). The LCCA directed EPA to plumbing fixtures. adequate basis to revise the treatment publish a guidance manual and testing EPA Response: The Agency disagrees requirements at this time but will protocol to assist States and schools in that the LCR locks utilities into a given continue to monitor new developments, identifying sources and determining the control strategy, but feels it is necessary including emerging technology. The extent of lead contamination in school to demonstrate a sound basis for re- Agency may consider revisions to the drinking water and, if necessary, in assessing and implementing an LCR prior to the end of the next Six- remedying such contamination. In alternative treatment strategy in the Year Review cycle if the Agency January 1989, the Agency published and context of the existing regulation. EPA receives new, scientifically-valid, distributed the guidance manual, ‘‘Lead notes that the current regulation information that provides a basis for in School’s Drinking Water,’’ to States provides some flexibility to both States achieving significant improvement in and schools (USEPA, 1989). In 1994, the and water systems in the choice of a public health protection or significant Agency updated and revised the corrosion control strategy. For example, cost-savings to utilities and their guidance manual entitled ‘‘Lead in in response to its own initiative, a customers while maintaining current Drinking Water in Schools and Non- request by a water system or other public health protection. residential Buildings’’ (USEPA, 1994). A EPA has always recognized that the interested party, a State may modify its copy of this manual may be obtained release of insoluble particulate material determination of the optimal corrosion from the Safewater website http:// containing lead and copper can be an control treatment, among those listed in www.epa.gov/safewater/consumer/ issue in some water systems. While the Federal regulation, or may modify leadinschools.html. In addition, the more research may be of interest to LCCA imposed a ban on the optimal WQPs if the State determines improve optimization of corrosion manufacture and sale of water coolers such changes are necessary to ensure control approaches with respect to this that are not lead free. The LCCA that the system continues to optimize source, EPA expects that evaluations requirements are independent of the corrosion control treatment (40 CFR and pilot studies by water systems NPDWRs and therefore are not 141.82(h)). should include testing and addressed under the Six-Year Review The Agency believes that the existing consideration of the relative requirements to notify the State when process. However, the Agency is effectiveness of different treatments continuing to work with schools and changing a corrosion control strategy towards particulate release in systems remain necessary and appropriate. After States to address problems dealing with for which it is important. lead in school drinking water. they have optimized corrosion control, d. Lead Levels in School Drinking water systems must notify the State of Water. One commenter was concerned 14. Lindane (g-hexachlorocyclohexane) 7 any treatment changes within 60 days that the data on lead levels that was In the April 17, 2002, Federal of the change (40 CFR 141.90(a)(3)). The analyzed under the Six-Year Review of Register, the Agency preliminarily NPDWR standards may not indicate placed lindane in the no revision 7 Treatment changes are categorized as changes to any water quality treatment process, including (but actual lead contamination of drinking category because a health risk not restricted to) disenfection, disinfection by- water sources. As an example, the assessment was pending at the time of product removal, and corrosion control. commenter noted that even though publication. One commenter stated that

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the RED risk assessment for lindane, a. Background. EPA published the sufficient to assess human carcinogenic issued after publication of the April 17, current NPDWR for lindane on January potential.’’ Based on the RfD for lindane 2002, Federal Register, should be 30, 1991 (56 FR 3526 (USEPA, 1991a)). of 0.0047 mg/kg/day, the application of considered in the Agency’s review of The NPDWR established an MCLG and the additional FQPA safety factor of the NPDWR and expressed concerns an MCL of 0.0002 mg/L. The Agency three to this RfD, a 20 percent RSC, and regarding the existing regulation. The based the MCLG on an RfD of 0.0003 a 10-fold risk management factor of commenter stated that the current mg/kg/day and a cancer classification of suggested evidence of carcinogenicity, NPDWR is based on an RfD developed C, possible human carcinogen. EPA used 0.001 mg/L as a level for in 1988 on the basis of adverse kidney b. Technical Reviews. EPA updated evaluating the occurrence data. effects and should be revised (USEPA, the risk assessment on July 31, 2002 Analytical or treatment feasibility do 1988). The kidney effects were (USEPA, 2002h). The new risk not pose any limitations for the current assessment established an RfD of 0.0047 determined to occur through a pathway MCL and would not be a limiting factor mg/kg/day. The Food Quality Protection that is not relevant to human health risk at the 0.001 mg/L level (USEPA, 2003a; Act (FQPA) of 1996 provides for an assessment. The commenter stated that USEPA 2003g). The Agency’s review of additional safety factor of up to 10-fold, the new OPP toxicological assessment possible ‘‘other regulatory revisions’’ if necessary, in assessing the risks to has resulted in a significant change to did not identify any issues that are infants and children to take into account the quantitative dose-response specific to lindane (USEPA, 2003b). assessment for lindane and that there the potential for pre- and post-natal EPA evaluated the results of the are no data gaps or uncertainties which toxicity, and the completeness of the occurrence and exposure analyses for would prevent a revision of the NPDWR toxicity and exposure databases. This is lindane to determine whether possible for lindane at this time. referred to as the FQPA safety factor. The Agency concluded that an FQPA changes to the standard would be likely EPA Response: Since the publication safety factor of three was required for to result in a meaningful opportunity for of the April 17, 2002, Federal Register lindane since there is evidence for cost-savings to public water systems and and receipt of the comment regarding increased susceptibility of the young their customers (USEPA, 2003d). Table lindane, the Agency has finalized the demonstrated in a developmental IV–2 shows the results of the detailed risk assessment for lindane and signed neurotoxicity and two-generation occurrence and exposure analysis based the RED on July 31, 2002. The reproductive toxicity study in rats. The on the 16-State cross-section for remaining paragraphs in this section rationale for using an FQPA safety factor concentrations of 0.0002 mg/L (the include a brief background discussion of three is detailed in the RED. current MCL), and for 0.001 mg/L. about the original promulgation of the In accordance with the 1999 EPA Based on the detailed analysis, it lindane NPDWR, the results of the Draft ‘‘Guidelines for Carcinogen Risk appears that lindane is unlikely to occur appropriate six-year technical reviews Assessment’’ (USEPA, 1999a), the at concentrations above 0.0002 mg/L in and the Agency’s revise/not revise Agency classified lindane as ‘‘suggestive the States used for the cross-section. decision. evidence of carcinogenicity, but not BILLING CODE 6560–50–P

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BILLING CODE 6560–50–C

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The results of the detailed occurrence C. What Comments Did EPA Receive indicated that it would be too and exposure analysis indicate that few, Regarding the Review of burdensome to adopt CMR. As a result, if any, of the 16,098 systems sampled in Implementation-Related Issues for the Agency decided to take no further the 16-State cross-section might be Chemical NPDWRs? action on the CMR. However, the affected if EPA were to consider levels Several commenters recommended Agency established a standardized as high as 0.001 mg/L. The current that EPA ensure consistent application monitoring framework which applies to BATs and small system compliance of rules by making rules more consistent all of the regulated chemical and technology for lindane have other with respect to monitoring frequency, radiological contaminants (except lead beneficial effects (e.g., reduction of triggers for increased monitoring, and copper). The new chemical and radiological rules that EPA has other co-occurring contaminants, or criteria for returning to routine promulgated (e.g., arsenic and other common impurities) in addition to monitoring, and criteria for reducing radionuclides) are coordinated with the lindane removal. Therefore, if EPA were sample requirements. In addition, standardized monitoring framework. to consider a higher level, the Agency commenters suggested that the Agency The Agency made special efforts to does not know how many of these review possible ways for reducing the ensure that the reduced monitoring public water systems that are currently reporting burden on States, which could periods are in line with the 3-year treating to comply with the current MCL free up State resources currently used to compliance periods in the standardized of 0.0002 mg/L would be likely to implement rules. monitoring framework. discontinue any treatment that is One commenter was concerned about already in place (USEPA, 2002c; To assist States with understanding monitoring and reporting issues in rule requirements, the Agency USEPA, 2003g). conjunction with CMR. The commenter c. Current Decision. Although there conducted a series of Phase II/V training felt that EPA should not miss an in 2001. The training provided are new health effects data that might opportunity to relieve some of the support calculation of a less stringent information to help States make unnecessary confusion that the informed decisions about reducing standard for lindane, EPA does not monitoring requirements of Phase II and believe a revision to the NPDWR for quarterly monitoring requirements. V have created. This confusion includes With respect to reduced monitoring, lindane is appropriate at this time. In issues such as, what a detection is and making this decision, the Agency States currently have the flexibility to what the monitoring requirements are reduce the frequency of monitoring and/ considered whether any potential for systems in States without a waiver revision to the lindane NPDWR is likely or to waive sampling requirements for program. EPA was encouraged to any given contaminant after minimum to provide a meaningful opportunity for provide this consistency as much as cost-savings to public water systems and criteria are met to demonstrate that the possible, including using the standard system is reliably and consistently their customers. After consideration of monitoring framework to allow States this factor, EPA has decided that any below the MCL and/or not vulnerable to and water systems to more easily contamination. revision to lindane would be a low understand rule requirements and NTNCWSs are traditionally regulated priority activity for the Agency, and, reduce the need for States to update for chronic contaminants. However, thus, is not appropriate to revise at this their data management systems. through an alternative mechanism, the time because of: One commenter said EPA should Agency is currently evaluating risk and • Competing workload priorities; ensure consistent application of rules by • exposure as they pertain to NTNCWS The administrative costs associated determining whether or not chronic monitoring requirements. This review with rulemaking; and contaminants should be regulated at will not be completed in time for this • The burden on States and the non-transient non-community water Six-Year Review process. Until all the regulated community to implement any systems (NTNCWSs), and review issues have been identified and specific regulatory change that resulted. existing NPDWRs to ensure that rules options have been formulated, it will 15. Simazine are applied consistently. Another not be clear if a revision to regulations commenter recommended that the is indicated. One commenter agreed that simazine compliance language for the synthetic EPA intends to consistently should be addressed after the risk organic chemicals (SOCs) and volatile implement compliance determination assessment is completed in 2003 or organic chemicals (VOCs) in the Final provisions for IOCs, SOCs, and VOCs for 2004. The commenter requested that the Arsenic Rule (66 FR 6975, January 22, all NTNCWSs and community water Office of Water (OW) work closely with 2001 (USEPA, 2001)) be adopted for the systems, as described in the preamble to the OPP on the risk assessment at that inorganic chemicals (IOCs), and that the Final Arsenic Rule (66 FR 6975 at time. The commenter also systems not be considered in violation 6990, January 22, 2001 (USEPA, 2001)). recommended that OW address the of the MCL until it has completed one The rule makes compliance revision of the existing simazine year of quarterly samples. determinations based on a running NPDWR before the next review cycle EPA Response: The Agency agrees annual average. The clarifications to year, scheduled for 2008. The that consistency across regulations is compliance determinations for SOCs, commenter believes the extensive desirable to the extent that it does not IOCs, and VOCs are based on the mammalian toxicology database, jeopardize public health protection or average of the initial MCL exceedance submitted as part of the Triazine Special the environment. and any subsequent State-required Review, can be used in this process. As part of the Advanced Notice of confirmation samples. States have the EPA Response: OW has been Proposed Rulemaking for CMR (62 FR flexibility to require confirmation coordinating with OPP for the revision 36100, July 3, 1997 (USEPA, 1997a)), samples and more frequent monitoring, of the atrazine and simazine risk EPA considered some of the issues in addition to required quarterly assessments. Once the simazine risk raised by the commenters. However, samples. The average of the exceedance assessment is completed, EPA will during the comment period for the and confirmation sample constitutes the determine whether a compelling reason CMR, stakeholders generally indicated first quarterly sample. Compliance with exists to consider review of the simazine that the existing monitoring framework the MCL is based on the average of the NPDWR on an accelerated schedule. was sufficient. Most State commenters first quarterly sample and three

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additional samples over a period of one identified by EPA in its preliminary Health Effects of Ingested Fluoride. year, unless any one quarterly sample review. National Academy Press, Washington, would cause the running annual average EPA Response: EPA agrees that the DC. August 1993. Available on the to exceed the MCL. Then the system is identification of research needs is an Internet at: http://books.nap.edu/books/ important component of the review of 030904975X/html/R1.html. out of compliance immediately. National Toxicology Program (NTP). 2002. NPDWRs. Research findings may D. What Comments Did EPA Receive on NTP study of the hexavalent chromium support future reviews and/or revisions the Total Coliform Rule? compound sodium dichromate to NPDWRs. dihydrate. Available on the Internet at: Several commenters addressed the The Agency is considering research http://ntp-server.niehs.nih.gov/htdocs/ TCR. Several commenters raised several needs that it identified as part of the Studies/HexChromium/ issues relating to monitoring. Some review as well as those suggested by hexchromiumpg.html. contended that routine monitoring commenters. EPA will continue to Schroeder, H.A., Mitchener, M. and Nason, should be focused on critical locations identify areas where data are lacking. A.P. 1970. Zirconium, niobium, antimony, vanadium and lead in rats: life in the distribution system, rather than Dialogue with industry and other on the current requirement to monitor term studies. Journal of Nutrition. 100: groups, including those that sponsor or 59–68. all parts of the distribution system. They conduct research on priority areas, Senate Report. 1995. Committee of also urged EPA to allow the use of would be beneficial to the drinking Environment and Public Works, Safe dedicated sampling taps. Some water program. Collaboration in Drinking Water Act Amendments of commenters argued for allowing a sponsoring studies can provide multiple 1995, S. Doc. No. 169, 104th Cong., 1st finished water storage reservoir as a benefits. Sess. 38 (1995). routine monitoring site. Two There are two research needs USEPA. 1986. EPA Guidelines for Carcinogen commenters urged EPA to focus on E. associated with the Six-Year Review Risk Assessment. Federal Register. Vol. coli as the measure of water quality in that are being addressed through 51, No. 185. p. 33992, September 24, the distribution system, rather than on 1986. mechanisms external to EPA. The USEPA. 1987. National Primary Drinking total coliforms. In addition to routine National Research Council of the Water Regulations—Synthetic Organic monitoring, a few commenters National Academy of Sciences is Chemicals; Monitoring for Unregulated addressed the topic of repeat samples conducting an assessment of recent data Contaminants; Final Rule. Federal after a total coliform-positive sample. on fluoride health effects. In addition, Register. Vol. 52, No. 130. p. 25690, July One commenter, for example, urged the National Toxicology Program is 8, 1987. EPA to eliminate the requirement to conducting a study on chromium VI USEPA. 1988. Integrated Risk Information take upstream and downstream repeat toxicity. Both of these research efforts System, gamma-Hexachlorocyclohexane. samples after a total coliform-positive are discussed in the April 17, 2002, Available on the Internet at: http:// www.epa.gov/iris/subst/0065.htm. sample. Environmental groups urged Federal Register announcement of EPA to strengthen the TCR and other USEPA. 1989. Lead in School Drinking EPA’s preliminary revise/not revise Water. EPA 570/9–89–001. January 1989. rules that protect against pathogens, and decisions. The current review identified USEPA. 1991a. National Primary Drinking exhorted EPA not to ease the TCR several general and specific areas of Water Regulations—Synthetic Organic burden such that public health is potential research related to treatment. Chemicals and Inorganic Chemicals; compromised. The treatment-related research areas are Monitoring for Unregulated EPA Response: EPA’s announcement briefly discussed in the Treatment Contaminants; National Primary in the April 17, 2002, Federal Register Feasibility Document (USEPA, 2003g). Drinking Water Regulations was only intended to discuss the EPA is currently in the process of Implementation; National Secondary Agency’s intent to begin the process for Drinking Water Regulations; Final Rule. examining whether specific research Federal Register. Vol. 56, No. 30. p. revising the TCR. EPA will consider the needs exist within each of the Six-Year commenters’ suggestions as part of the 3526, January 30, 1991. Review areas of regulatory consideration USEPA. 1991b. Maximum Contaminant Level revision process. As stated in the April (i.e., health effects, analytical methods, Goals and National Primary Drinking 17, 2002, Federal Register, the Agency treatment, implementation, and Water Regulations for Lead and Copper; plans to consider revisions to the TCR occurrence/exposure). Some of the Final Rule. Federal Register. Vol. 56, No. with new requirements for ensuring the research needs identified during the 110. p. 26460, June 7, 1991. integrity of distribution systems. The Six-Year Review effort will be discussed USEPA. 1992. Final Regulatory Impact Agency remains committed to obtaining in the context of the Multi-Year Plan Analysis National Primary Drinking input from stakeholders as part of the Water Regulations: Phase V Synthetic (MYP) for drinking water. The MYP Organic and Inorganic Chemicals. rule development process. EPA agrees describes the EPA Office of Research with the comment that public health February 1992. and Development’s fiscal year 2003 to USEPA. 1993. Reregistration Eligibility should not be compromised, and will 2010 research program to support the Decision (RED)—Glyphosate. EPA Report consider only those revisions that will regulatory development activities of the 738–R–93–014. Washington, DC: Office assure public health protection. EPA Office of Water. EPA plans to make of Prevention, Pesticides, and Toxic E. What Comments Did EPA Receive on this document available to the public in Substances. September 1993. Available 2003. on the Internet at: http://www.epa.gov/ Research Needs? oppsrrdl/REDs/old_reds/glyphosate.pdf. Commenters found that EPA’s V. References USEPA. 1994. Lead in Drinking Water in information on potential research Schools and Non-Residential Buildings. resulting from the review of NPDWRs National Drinking Water Advisory Council EPA 812–B–94–002. Office of Water. would be better represented by a (NDWAC). 2000. Recommended April 1994. summary of research needs that were Guidance for Review of Existing National USEPA. 1997a. National Primary Drinking Primary Drinking Water Regulations. Water Regulations—Advance Notice of identified by the Agency. Commenters November 2000. Available on the Proposed Rulemaking. Federal Register. felt that this summary is important to Internet at: Vol. 62, No. 156. p. 36100, July 3, 1997. inform future regulatory decisions. http://www.epa.gov/safewater/ndwac/ USEPA. 1997b. Alternative Monitoring Commenters also suggested additional guidfnl.pdf. Guidelines. EPA 816–R–97–011. August research needs that had not been National Research Council (NRC). 1993. 1997. Available on the Internet at: http:/

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/www.epa.gov/safewater/regs/ Memo from Marc Parrotta, Targeting and Regulatory Revisions for Chemical pmrfin.html. Analysis Branch, Office of Ground Water Contaminants in Support of the Six-Year USEPA. 1998. IRIS, Beryllium and and Drinking Water. March 2002. Review of National Primary Drinking Compounds. Available on the Internet at: USEPA. 2002d. EPA Protocol for Review of Water Regulations. EPA 815–R–03–005. http://www.epa.gov/iris/subst/0012.htm. Existing National Primary Drinking Final. June 2003. USEPA. 1999a. Guidelines for Carcinogen Water Regulations. EPA 815–D–02–004. USEPA. 2003c. EPA Protocol for Review of Risk Assessment. NCEA–F–0644 Review Draft. March 2002. Existing National Primary Drinking Draft. Environmental Protection Agency USEPA. 2002e. Occurrence Estimation Water Regulations. EPA 815–R–03–002. Risk Assessment Forum. Washington, Methodology and Occurrence Findings DC. July 1999. Report for the Six-Year Review of Final. June 2003. USEPA. 1999b. Revisions to the Unregulated Existing National Primary Drinking USEPA. 2003d. Occurrence Estimation Contaminant Monitoring Regulations for Water Regulations. EPA 815–D–02–005. Methodology and Occurrence Findings Public Water Systems; Final Rule. Draft. March 2002. Report for the Six-Year Review of Federal Register. Vol. 64, No. 180. p. USEPA. 2002f. Occurrence Summary and Existing National Primary Drinking 50556, September 17, 1999. Use Support Document for the Six-Year Water Regulations. EPA 815–R–03–006. USEPA. 1999c. A Review of Contaminant Review of Existing National Primary Final. June 2003. Occurrence in Public Water Systems. Drinking Water Regulations. EPA 815– USEPA. 2003e. Public Comment and EPA 816–R–99–006. 78 pp. November D–02–006. Draft. March 2002. Response Summary for the Six-Year 1999. USEPA. 2002g. National Primary Drinking Review of National Primary Drinking USEPA. 2000. National Primary Drinking Water Regulations—Announcement of Water Regulations. EPA 815–R–03–001. Water Regulations for Lead and Copper; the Results of EPA’s Review of Existing Final. June 2003. Final Rule. Federal Register. Vol. 65, No. Drinking Water Standards and Request USEPA. 2003f. Six-Year Review—Chemical 8. p. 1950, January 12, 2000. for Public Comment; Proposed Rule. Contaminants—Health Effects Technical USEPA. 2001. National Primary Drinking Federal Register. Vol. 67, No. 74. p. Support Document. EPA 822–R–03–008. Water Regulation: Arsenic and 19030, April 17, 2002. Final. June 2003. Clarifications to Compliance and New USEPA. 2002h. Reregistration Eligibility USEPA. 2003g. Water Treatment Technology Source Contaminants Monitoring; Final Decision (RED)—Lindane. EPA 738–R– Rule. Federal Register. Vol. 66. No. 14. 02–012. Office of Prevention, Pesticides, Feasibility Support Document for p. 6975, January 22, 2001. and Toxic Substances. July 2002. Chemical Contaminants; In Support of USEPA. 2002a. Integrated Risk Information Available on the Internet at: http:// EPA Six-Year Review of National System (IRIS); Announcement of 2002 www.epa.gov/oppsrrdl/REDs/ Primary Drinking Water Regulations. Program; Request for Information; lindane_red.pdf. EPA 815–R–03–004. Final. June 2003. Notice. Federal Register. Vol. 67, No. 6. USEPA. 2002i. Integrated Risk Information USEPA. 2003h. Integrated Risk Information p. 1212, January 9, 2002. System (IRIS), 1,1-Dichloroethylene. System (IRIS); Announcement of 2003 USEPA. 2002b. Water Treatment Technology August 2002. Available on the Internet Program; Request for Information and Feasibility Support Document for at: Announcement of Workshop; Notice. Chemical Contaminants; In support of http://www.epa.gov/iris/subst/0039.htm. Federal Register. Vol. 68, No. 24. p. EPA Six-Year Review of National USEPA. 2003a. Analytical Feasibility 5870, February 5, 2003. Primary Drinking Water Regulations. Support Document for the Six-Year EPA 815–D–02–001. Draft. February Review of Existing National Primary Dated: July 11, 2003. 2002. Drinking Water Regulations Linda J. Fisher, USEPA. 2002c. An Evaluation of Available (Reassessment of Feasibility for Acting Administrator. Economic Information in Support of the Chemical Contaminants). EPA 815–R– Six-Year Review of Existing National 03–003. Final. March 2003. [FR Doc. 03–18152 Filed 7–17–03; 8:45 am] Primary Drinking Water Regulations. USEPA. 2003b. Consideration of Other BILLING CODE 6560–50–P

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Part VII

Department of Transportation Federal Aviation Administration

14 CFR Parts 121, 125 and 135 Digital Flight Data Recorder Requirements—Changes to Recording Specifications and Additional Exceptions; Final Rule

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DEPARTMENT OF TRANSPORTATION identify the amendment number or performance expected of newer docket number of this rulemaking. technologies. The same changes were Federal Aviation Administration Anyone is able to search the made to appendix E to part 125 electronic form of all comments (appendix E), and appendix F to part 14 CFR Parts 121, 125 and 135 received into any of our dockets by the 135 (appendix F) to apply to airplanes [Docket No.: FAA–2003–15682; Amendment name of the individual submitting the operating under those parts. Discussion Nos. 121–288, 125–42, 135–84] comment (or signing the comment, if of changes made to appendix M in this submitted on behalf of an association, document also apply to appendices E RIN 2120–AH81 business, labor union, etc.). You may and F. review DOT’s complete Privacy Act Digital Flight Data Recorder statement in the Federal Register Actions Following the 1997 Rulemaking Requirements—Changes to Recording published on April 11, 2000 (Volume Specifications and Additional 65, Number 70; Pages 19477–78) or you Airbus Industries. Following the Exceptions may visit http://dms.dot.gov. adoption of the 1997 regulations, Airbus Industries (Airbus) notified the FAA AGENCY: Federal Aviation Small Business Regulatory Enforcement that, in order to comply with the new Administration (FAA), DOT. Fairness Act requirements of appendix M to part 121, ACTION: Final rule. The Small Business Regulatory several of its airplane models would have to undergo major equipment SUMMARY: This action amends the flight Enforcement Fairness Act (SBREFA) of retrofits, a circumstance the 1997 rule data recorder regulations by expanding 1996 requires the FAA to comply with explicitly tried to avoid. Airbus stated the recording specifications of certain small entity requests for information or that although the DFDR’s in its airplanes data parameters for specified airplanes, advice about compliance with statutes and by adding aircraft models to the and regulations within its jurisdiction. recorded the required parameters, some lists of aircraft excepted from the 1997 Therefore, any small entity that has a of the resolution and sampling intervals regulations. In addition, this rule question regarding this document may for certain parameters differed slightly corrects specifications in an operating contact its local FAA official, or the from those required by appendix M. The FOR FURTHER rule appendix that were inadvertently person listed under FAA found that while Airbus had noted omitted in previous actions. These INFORMATION CONTACT. You can find out these differences in its comment to the changes are necessary to allow the more about SBREFA on the Internet at NPRM proposing the 1997 regulations, continued operation of certain aircraft http://www.faa.gov/avr/arm/sbrefa.htm, its comment was not fully addressed in that are unable to meet the existing or by e-mailing us at the preamble to the final rule. recorder criteria using installed [email protected]. After consulting with the NTSB, the equipment. The changes are also Background FAA determined that the Airbus necessary for certain aircraft for which In response to a series of differences were acceptable as an the cost to retrofit under 1997 regulatory recommendations issued by the alternative. The FAA determined the changes would be cost prohibitive. National Transportation Safety Board most appropriate way to accommodate DATES: This final rule is effective August (NTSB), the FAA revised and updated the differences was to add footnotes to 18, 2003. parts 121, 125 and 135 of Title 14, Code specific parameters of appendix M FOR FURTHER INFORMATION CONTACT: Gary of Federal Regulations (14 CFR) in 1997 noting the Airbus airplanes affected and Davis, Flight Standards Service, Air to require that flight data recorders on the different specifications. Footnote Transportation Division, AFS–201A, U.S. registered airplanes be upgraded to changes for Airbus airplanes were Federal Aviation Administration, 800 record additional parameters of data (62 adopted in 1999, 2000, and 2002. Independence Avenue SW., FR 38362, July 17, 1997). The exact Corrections to appendix F to part 135. Washington, DC 20591; telephone (202) number of parameters required depends When the regulations were modified to 267-8166; facsimile (202) 267–5229, e- on the age of the airplane; airplanes accommodate Airbus airplanes, and mail [email protected]. manufactured after August 19, 2002, during the adoption of other recent SUPPLEMENTARY INFORMATION: must record 88 parameters of flight data. changes affecting all airplanes, the same Prior to the 1997 rule, the changes should have been made to Availability of Rulemaking Documents specifications for flight data recorders appendix M to part 121, appendix E to You can get an electronic copy using (the range, accuracy, sampling intervals, part 125, and appendix F to part 135 to the Internet by: and resolution required for each reflect the fact that affected aircraft may (1) Searching the Department of parameter) were found in appendix B to operate under any of these three parts. Transportation’s electronic Docket part 121. As part of the 1997 rule On at least two occasions the Management System (DMS) Web page upgrade, a new appendix M to part 121 amendments to appendix F were (http://dms.dot.gov/search); was created, which includes the newly inadvertently omitted. Accordingly, this (2) Visiting the Office of Rulemaking’s required parameters and new amendment incorporates all of the Web page at http://www.faa.gov/avr/ specifications for some of the existing corresponding changes to appendix F arm/index.cfm; or parameters. The standards of appendix that were not made previously. These (3) Accessing the Government M were based in part on the changes are considered conforming Printing Office’s Web page at http:// specifications found in the European changes to appendix F that are in the www.access.gpo.gov/su_docs/aces/ Organization for Civil Aviation nature of a correction. The FAA is not aces140.html. Equipment (EUROCAE)’s Document specifically requesting comment on You can also get a copy by submitting ED–55, Minimum Operational these changes, although any operator a request to the Federal Aviation Performance Specifications (MOPS) for that finds itself adversely affected by Administration, Office of Rulemaking, Flight Data Recorder Systems. Appendix these changes to appendix F may submit ARM–1, 800 Independence Avenue M requires increased range, accuracy, this information to the person listed SW., Washington, DC 20591, or by sampling interval, and resolution under the FOR FURTHER INFORMATION calling (202) 267–9680. Make sure to requirements, and reflects the CONTACT heading.

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SFAR 89 Anticipating that there might be other airplanes because they already meet the On May 31, 2001, the Boeing airplanes with similar DFDR resolution intended purpose of the rule. The ATA Company (Boeing) petitioned the FAA issues that had not yet become evident, attached comments from two of its for exemptions for three of its airplane the FAA included a provision in SFAR members—Airborne Express and models that did not meet the resolution 89 that provides relief to operators of American Airlines—which also support requirements of appendix M for certain other airplanes that might not meet the adoption of a permanent change to the parameters, and for an exemption to the resolution recording requirements. rule. In a comment dated October 16, 2001, August 20, 2001, compliance date. Operators of those airplanes were the ATA forwarded comments from Boeing requested that operators of its required to notify the FAA of the Delta Airlines who also urges airplanes be allowed to continue situation and provide requested information in order to take advantage permanent adoption of the SFAR operating without meeting the of the relief provided in the SFAR. specifications for Boeing airplanes. The resolution requirements of appendix M, Several operators of affected Boeing ATA and two of its members each or that appendix M be revised to reflect airplanes contacted the FAA to indicate expressed concern that a retrofit of the the current recording capabilities of the that they were making use of the SFAR affected airplanes would be costly affected airplanes. relief, but no other noncompliant without providing any discernible After reviewing the petition, the FAA aircraft models have been reported or improvement in the quality of recorded determined that it could not issue an identified. data. exemption from an operating rule to a United Parcel Service (UPS) supports manufacturer on behalf of the operators Disposition of Comments to SFAR 89 permanent relief for Boeing 767 model of its affected airplanes. Further, the Five comments were received in airplanes. In its comment, UPS notes FAA found that the issues raised in response to SFAR 89. Four of the five that the NTSB has found the varied Boeing’s petition were complex and comments fully support the SFAR and resolution acceptable, and that the FAA could not be resolved before the August urge the FAA to adopt a solution that had set the precedent for such action by 20 compliance date. The FAA found would prevent the retrofit of currently amending the regulations for Airbus that additional time was needed to installed equipment. The NTSB airplanes. The UPS comment includes gather the technical and cost commented in favor of the SFAR as specific technical information for the information necessary to make an well, but also questioned some 767 model airplane. UPS states that informed decision and implement a definitions and conclusions presented permanent relief will allow it to solution. in the original Boeing petition. All of continue operating 32 Boeing 767 model In order to prevent the grounding of the comments addressed the problem on airplanes without incurring additional non-compliant airplanes, the FAA Boeing airplanes. modification costs, and suggests that the issued Special Federal Aviation In a comment supplementing its change be adopted in the form of a Regulation Number 89 (SFAR 89)— original petition, Boeing stresses that footnote, similar to those used for Suspension of Certain Flight Data the relief from the resolution Airbus airplanes. Recorder Requirements, on August 15, requirements provided in SFAR 89 do Airbus submitted a comment 2001 (66 FR 44270, August 22, 2001). not compromise the integrity of the supporting the FAA’s action to provide The SFAR, published as a final rule DFDR signal and ‘‘should not hinder relief by suspending the resolution with request for comments, provides any accident or incident investigation.’’ requirements. Most of the Airbus temporary relief by suspending the Boeing’s comment includes detailed comment, however, addresses the resolution recording requirements for technical information illustrating the relationship between the operating rules certain parameters on specified difference between the requirements of and the certification rules of part 25, airplanes operating under part 121, part appendix M and the existing resolution and the steps required for certification. 125, or part 135, until August 18, 2003. recorded by affected Boeing airplanes. Airbus’s comment is directed at some of In memos dated June 25 and 27, 2001, In specific instances, Boeing notes, the the information provided in the initial Dassault Aviation (Dassault) notified the differences between the requirements Boeing petition that was not adopted as FAA that two of its model airplanes and the actual resolution are negligible, part of the SFAR. This includes a could not comply with DFDR resolution such as 9/10,000 of an inch of Boeing statement that if its definition of requirements. Dassault stated that, as movement on the aileron trailing edge. resolution were adopted, there would be configured with the current flight data Boeing estimates that it would cost no need for a list of specific resolution acquisition unit and bus assembly, $38 million to redesign the components requirements in the regulations. Airbus affected airplanes did not meet the and modify the data frames in the 534 recognizes that this topic is outside the resolution requirements of the airplanes currently affected by the scope of the SFAR, but indicates that regulation. Dassault indicated regulations, and the redesign and the FAA should not simply accept development of a new data acquisition retrofit would take up to 3 years to Boeing’s suggested changes, and instead unit to meet the resolution requirements complete. Boeing requests that the relief should take a harmonized approach to of appendix M would be expensive, and provided in the SFAR be made a adoption of working definitions for requested relief similar to that permanent part of part 121 appendix M. DFDR systems and specifications. previously granted to Airbus. Similar to The Air Transport Association (ATA) The National Transportation Safety the Boeing request, the FAA determined submitted two comments on behalf of Board (NTSB) concurs with the intent of that there was not enough time to gather its member airlines. The first comment, the SFAR to provide temporary relief the information necessary to resolve dated September 21, 2001, supports the while reviewing the comments. The these issues before the August 20, 2001, SFAR and recommends that the relief NTSB states that since the SFAR compliance date. The FAA included provided by the SFAR be made resulted from the May 2001 Boeing temporary relief for operators of affected permanent for affected Boeing airplanes. petition, the NTSB’s comments address Dassault airplanes in SFAR 89, and Citing the parameters that were changed the specifics of the Boeing petition maintained that relief upon receiving a for specific Airbus airplanes, the ATA rather than the SFAR language itself. specific petition for rulemaking from states that there is no justification for The NTSB notes that the Boeing Dassault on October 11, 2002. forcing further changes on Boeing petition includes a number of requests

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for changes to the regulations was reviewed in a June 26, 2002, and Dassault airplanes. Therefore, addressing flight data recorders that are meeting between FAA personnel and footnotes 9 and 14 will be revised to not relevant to the action providing NTSB representatives. In the meeting, apply to parameters 5 and 26 relief for resolution requirements on NTSB agreed that global changes for the respectively. certain Boeing airplanes. following parameters under appendix M Exceptions to DFDR Requirements The NTSB states that resolution is of part 121 were acceptable: 12a, 14a, critical to the quality of digital flight 16, 23, and 26. An amendment to When the FAA developed the 1997 data. If coarser resolution is allowed, footnote 12 to coordinate with changes DFDR regulations, we recognized that data quality could be reduced to an to parameter 23 was also accepted the costs of retrofitting some older unacceptable level and would more during the meeting. The NTSB does not aircraft models would be prohibitive easily be subject to misinterpretation. support a global change to the appendix and would likely force the aircraft out The NTSB concludes that explicit concerning parameter 5. Instead, the of service. The regulations incorporated resolution requirements should remain NTSB agrees with the insertion of a an exceptions paragraph into each of the in the regulations. footnote into each affected appendix operating rule parts; these paragraphs The NTSB also notes that for many providing the necessary relief for the list specific aircraft models that are not parameters, the resolution requirement Boeing B–717 airplane. subject to the 1997 upgrade is expressed as a percentage of the full Boeing submitted another petition on requirements. These aircraft must range of travel of the control surface October 18, 2002, seeking changes to continue to comply with the flight data being measured, rather than the actual three additional parameters. The recorder regulations previously in effect range of travel, since the latter differs requested changes would affect for their operation.The FAA also noted widely between aircraft models. The parameters 9, 87, and 88 for Boeing 737 in the final rule that operators that NTSB notes that when the total range of and 777 airplanes. FAA personnel later found other models of aircraft motion is short, the percentages make discussed the request with NTSB appropriate for exception status could the regulation more stringent. In such representatives and the changes were petition the FAA for inclusion of the cases, the NTSB concludes, ‘‘The found to be acceptable. The additional aircraft model in the exceptions minimum resolution for a given petition is consistent with a request by paragraph. In general, the FAA bases parameter should be evaluated to the FAA for information regarding exception status on the age of the determine if regulatory relief could be airplane models that could not meet the aircraft, the number of aircraft still in granted and the accuracy requirements resolution requirements, but were not operation, and the expected cost of maintained.’’ Using that criterion, the included in the relief granted in SFAR DFDR upgrades. NTSB concludes it has no objection to 89. Since the 1997 rule was promulgated, the specific resolution relief requested No comments were received the FAA has received a number of by Boeing (with the exception of vertical concerning Dassault’s request to amend requests for exception status. After acceleration in the Boeing 717 model the resolution recording requirements reviewing information submitted, most airplane). for parameters 5 and 26 for two of its of the models were granted exemptions The NTSB comment goes on to give airplane models. Therefore, the FAA is to continue operating without the its position regarding each of the 11 revising footnotes 9 and 14 in each upgrades until the operating rules were specific changes requested in the Boeing affected appendix to accommodate changed. No opposing comments were petition. Dassault’s requested relief from the received when the exemption requests existing requirement. FAA Response were published. Accordingly, this If the rule is not changed, operators of rulemaking includes those additions to The FAA agrees with Airbus that the certain Boeing and Dassault airplanes the lists of excepted aircraft. While issue of a new resolution definition is would be required to complete costly these aircraft are excepted from upgrade beyond the scope of the rulemaking. retrofits. The incremental differences in requirements, most are still covered The FAA will continue to consider the the measurements obtained are under other current sections and as broader issues outlined in the Boeing considered insignificant. By such, all installed equipment must request, but will not change the current incorporating global changes and continue to be used and maintained format of the regulation or adopt footnotes into this rule, retrofits will not according to the regulation. The sections definitions that affect virtually all be necessary, and it is accepted that that are being amended to include airplanes operating today. Any changes accident investigations will not be additional excepted aircraft are Sections the FAA may choose to propose would compromised. Therefore, the FAA has 121.344(l)(2), 121.344a(f), 125.226(l)(2), be accomplished only after input from determined that retrofitting to meet the and 135.152(k). the industry. higher standards is unnecessary. In its original petition, Boeing Accordingly, the FAA is amending the Paperwork Reduction Act requested that the amendments affecting resolution recording requirements for There are no current or new its aircraft be codified as footnotes to the parameters 9, 12a, 14a, 16, 19, 23, 87, requirements for information collection affected parameters. Based on 88, and adding revised footnotes to associated with this amendment. discussions with Boeing technical parameters 5 and 26 of appendix M of representatives and NTSB, the FAA is part 121, appendix E of part 125, and International Compatibility amending the affected appendices by appendix F of part 135. This rule also In keeping with U.S. obligations making appropriate changes requested makes a correction to footnote 11 to add under the Convention on International by Boeing, except for the change to a missing decimal point. The revision of Civil Aviation, it is FAA policy to parameter 5 (vertical acceleration). the recording requirements for comply with International Civil Boeing was asked to submit parameters 9 and 19 will remove the Aviation Organization (ICAO) Standards additional data to the FAA in order to need for the footnotes (9 and 14) in the and Recommended Practices to the clarify questions and concerns raised in current regulation. Rather than maximum extent practicable. The FAA the original petition and the NTSB renumber each footnote in this rule, we has determined that there are no ICAO comment. Boeing submitted the are using footnotes 9 and 14 to apply the Standards and Recommended Practices requested data and the new information specific changes requested for the B–717 that correspond to these regulations.

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Economic Evaluation, Regulatory and Procedures; (3) will not have a Unfunded Mandates Assessment Flexibility Determination, Trade Impact significant impact on a substantial Assessment, and Unfunded Mandates number of small entities; (4) will have The Unfunded Mandates Reform Act Assessment little effect on international trade; and of 1995 (the Act), is intended, among (5) does not impose an unfunded other things, to curb the practice of Proposed changes to Federal imposing unfunded Federal mandates regulations must undergo several mandate on state, local, or tribal governments, or on the private sector. on State, local, and tribal governments. economic analyses. First, Executive Title II of the Act requires each Federal The purpose of this rule is to Order 12866 directs each Federal agency agency to prepare a written statement to propose or adopt a regulation only eliminate the necessity to incorporate assessing the effects of any Federal upon a reasoned determination that the unnecessary changes into an existing mandate in a proposed or final agency benefits of the intended regulation type of aircraft that already meets the rule that may result in a $100 million or justify its costs. Second, the Regulatory requirements of the rule except for more expenditure (adjusted annually for Flexibility Act of 1980 requires agencies minor variations in the resolution- inflation) in any one year by State, local, to analyze the economic impact of recording requirement or because of age and tribal governments, in the aggregate, regulatory changes on small entities. and remaining service life it is or by the private sector; such a mandate Third, the Trade Agreements Act (19 impractical to install the new DFDR’s. is deemed to be a ‘‘significant regulatory U.S.C. section 2531–2533) prohibits The FAA has determined that allowing action.’’ agencies from setting standards that the continued resolution recording at a create unnecessary obstacles to the slightly different value will not impact This final rule does not contain such foreign commerce of the United States. safety or the collection of accident a mandate. Therefore, the requirements In developing U.S. standards, this Trade investigation data nor will excepting of Title II of the Unfunded Mandates Act also requires agencies to consider certain older aircraft from the rules have Reform Act of 1995 do not apply. international standards and, where a negative impact on safety. This rule Executive Order 13132, Federalism appropriate, use them as the basis of relieves air carriers from a costly retrofit U.S. standards. Fourth, the Unfunded with no reduction in safety. The FAA has analyzed this final rule Mandates Reform Act of 1995 (Pub. L. under the principles and criteria of Regulatory Flexibility Determination 104–4) requires agencies to prepare a Executive Order 13132, Federalism. We written assessment of the costs, benefits, The Regulatory Flexibility Act of 1980 determined that this action will not and other effects of proposed or final (RFA) directs the FAA to fit regulatory have a substantial direct effect on the rules that include a Federal mandate requirements to the scale of the States, or the relationship between the likely to result in the expenditure by business, organizations, and national Government and the States, or State, local, or tribal governments, in the governmental jurisdictions subject to on the distribution of power and aggregate, or by the private sector, of the regulation. We are required to responsibilities among the various $100 million or more annually (adjusted determine whether a proposed or final levels of government, and therefore does for inflation.). action will have a ‘‘significant economic not have federalism implications. Regulations that are expected to have impact on a substantial number of small Environmental Analysis minimal impact are not required to be entities’’ as they are defined in the Act. analyzed as described above. The If we find that the action will have a FAA Order 1050.1D defines FAA Department of Transportation Order significant impact, we must do a actions that may be categorically 2100.5 prescribes policies and ‘‘regulatory flexibility analysis.’’ excluded from preparation of a National procedures for simplification, analysis, Environmental Policy Act (NEPA) and review of regulations. If it is This final rule will relieve environmental impact statement. In determined that the expected impact is unnecessary costs to operators of certain accordance with FAA Order 1050.1D, so minimal that the proposal does not aircraft. Therefore, the FAA expects this appendix 4, paragraph 4(j), this warrant a full Evaluation, a statement to rule to impose no cost on small entities. rulemaking action qualifies for a that effect and the basis for it is Consequently, the FAA certifies that the categorical exclusion. included in the proposed regulation. rule will not have a significant The FAA has determined that there are economic impact on a substantial Energy Impact no costs associated with this final rule. number of small entities. The energy impact of the notice has Instead, this rule relieves operators of Trade Impact Assessment Boeing and other aircraft from a cost been assessed in accordance with the that would have been inadvertently The Trade Agreement Act of 1979 Energy Policy and Conservation Act imposed on them in the adoption of the prohibits Federal agencies from (EPCA) Pub. L. 94–163, as amended (42 1997 regulations. This cost would have establishing any standards or engaging U.S.C. 6362) and FAA Order 1053.1. We been imposed on Boeing beginning on in related activities that create have determined that the final rule is August 20, 2002. Without exemption unnecessary obstacles to the foreign not a major regulatory action under the relief, other operators would have been commerce of the United States. provisions of the EPCA. affected at various times depending on Legitimate domestic objectives, such as List of Subjects the date of manufacture and type of safety, are not considered unnecessary equipment. This change effectuates the obstacles. The statute also requires 14 CFR Part 121 original intent of the 1997 regulations. consideration of international standards In conducting these analyses, the FAA and, where appropriate, that they be the Air carriers, Aircraft, Aviation safety, has determined this rule (1) has benefits basis for U.S. standards. The FAA has Reporting and recordkeeping which justify its costs; (2) is not a assessed the potential effect of this requirements, Safety, Transportation. ‘‘significant regulatory action’’ as rulemaking and has determined that it 14 CFR Part 125 defined in section 3(f) of Executive will reduce costs to U.S. operators of Order 12866 and is not ‘‘significant’’ as certain airplanes but will have a Aircraft, Aviation safety, Reporting defined in DOT’s Regulatory Policies minimal effect on international trade. and recordkeeping requirements.

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14 CFR Part 135 (l) * * * (f) For airplanes that were Air taxis, Aircraft, Aviation safety, (2) British Aerospace 1–11, General manufactured before August 18, 1997, Reporting and record keeping Dynamics Convair 580, General the following airplane types need not requirements. Dynamics Convair 600, General comply with this section, but must Dynamics Convair 640, deHavilland continue to comply with applicable The Amendment Aircraft Company Ltd. DHC–7, Fairchild paragraphs of § 135.152 of this chapter, ■ In consideration of the foregoing, the Industries FH 227, Fokker F–27 (except as appropriate: Beech Aircraft–99 Federal Aviation Administration Mark 50), F–28 Mark 1000 and Mark Series, Beech Aircraft 1300, Beech amends Chapter I of Title 14, Code of 4000, Gulfstream Aerospace G–159, Aircraft 1900C, Construcciones Federal Regulations as follows: Jetstream 4100, Lockheed Aircraft Aeronauticas, S.A. (CASA) C–212, Corporation Electra 10–A, Lockheed deHavilland DHC–6, Dornier 228, HS– PART 121—OPERATING Aircraft Corporation Electra 10–B, 748, Embraer EMB 110, Jetstream 3101, REQUIREMENTS: DOMESTIC, FLAG, Lockheed Aircraft Corporation Electra Jetstream 3201, Fairchild Aircraft SA– AND SUPPLEMENTAL OPERATIONS 10–E, Lockheed Aircraft Corporation 226, Fairchild Metro SA–227. Electra L–188, Lockheed Martin Model ■ 4. Appendix M to part 121 is amended ■ 1. The authority citation for part 121 382 (L–100) Hercules, Maryland Air continues to read as follows: to revise item numbers 5, 9, 12a, 14a, 16, Industries, Inc. F27, Mitsubishi Heavy 19, 23, 26, 87 and 88 and footnotes 5, 9, Authority: 49 U.S.C. 106(g), 40113, 40119, Industries, Ltd. YS–11, Short Bros. 11, 12 and 14 to read as follows: 41706, 44101, 44701–44702, 44705, 44709– Limited SD3–30, Short Bros. Limited 44711, 44713, 44716–44717, 44722, 46105. SD3–60. Appendix M to Part 121—Airplane ■ 2. Section 121.344(l)(2) is revised to ■ 3. Section 121.344a(f) is revised to read Flight Recorder Specifications read as follows: as follows: The recorded values must meet the designated range, resolution, and accuracy § 121.344 Digital flight data recorders for § 121.344a Digital flight data recorders for requirements during dynamic and static transport category airplanes. 10–19 seat airplanes. conditions. All data recorded must be * * * * * * * * * * correlated in time to within one second.

Seconds per sampling Parameters Range Accuracy (sensor input) interval Resolution Remarks

******* 5. Normal acceleration ¥3g to +6g ...... ±1% of max range ex- 0.125 ...... 0.004g. (vertical) 9. cluding datum error of ±5%. ******* 9. Thrust/power on each Full range forward ...... ±2% ...... 1 (per engine) ...... 0.3% of full Sufficient parameters (e.g. EPR, N1 engine—primary flight range. or Torque, NP) as appropriate to crew reference. the particular engine being recorded to determine power in forward and reverse thrust, including potential overspeed condition. ******* 12a. Pitch control(s) (non Full range ...... ±2% Unless higher ac- 0.5 or 0.25 for airplanes 0.5% of full For airplanes that have a flight con- fly-by-wire systems). curacy uniquely re- operated under range. trol break away capability that al- quired. $121.344(f). lows either pilot to operate the controls independently, record both control inputs. The control inputs may be sampled alternately once per second to produce the sampling interval of 0.5 or 0.25, as applicable. ******* 14a. Yaw control posi- Full range ...... ±2° Unless higher accu- 0.5 ...... 0.3% of full For airplanes that have a flight con- tion(s) (non-fly-by- racy uniquely required. range. trol break away capability that al- wire) 5. lows either pilot to operate the controls independently, record both control inputs. The control inputs may be sampled alternately once per second to produce the sampling interval of 0.5. ******* 16. Lateral control sur- Full range ...... ±2° Unless higher accu- 0.5 or 0.25 for airplanes 0.3% of full A suitable combination of surface po- face(s) position7. racy uniquely required. operated under range. sition sensors is acceptable in lieu § 121.344(f). of recording each surface separately. The control surfaces may be sampled alternately to produce the sampling interval of 0.5 or 0.25. ******* 19. Pitch trime surface po- Full range ...... ±3° Unless higher accu- 1 ...... 0.6% of full sition. racy uniquely required. range. ******* 23. Ground spoiler posi- Full range or each posi- ±2° Unless higher accu- 1 or 0.5 for airplanes op- 0.5% of full tion or brake selection (discrete). racy uniquely required. erated under range. tion 12. § 121.344(f).

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Seconds per sampling Parameters Range Accuracy (sensor input) interval Resolution Remarks

******* 26. Radio Altitude 14...... ¥20 ft to 2,500 ft ...... ±2 ft or ±3% whichever 1 ...... 1 ft +5% above For autoland/category 3 operations. is greater below 500 ft 500 ft. Each radio altimeter should be re- and ±5% above 500 ft. corded, but arranged so that at least one is recorded each second. ******* 87. Ground spoiler posi- Full range or discrete .... ±5% ...... 0.5 ...... 0.3% of full tion and speed brake range. selection. 88. All cockpit flight con- Full range control wheel ±5% ...... 1 ...... 0.3% full range For fly-by-wire flight control systems, trol input forces (control ±70 lb control column where flight control surface posi- wheel, control column, ±85 rudder pedal tion is a function of the displace- rudder pedal). ±165. ment of the control input device only, it is not necessary to record this parameter. For airplanes that have a flight control break away). capability that allows either pilot to operate the control independently, record both control force inputs. The control force inputs may be sampled alternately once per 2 seconds to produce the sampling interval of 1. ******* 5 For A330/A340 series airplanes, resolution = 1.18% (0.703°>0.120°). ******* 7 For A330/A340 series airplanes, aileron resolution = 0.704% (0.352°>0.100°). For A330/A340 series airplanes, spoiler resolution = 1.406% (0.703°>0.100°). ******* 9 For B–717 series airplanes, resolution = .005g. For Dassault F900C/F900EX airplanes, resolution = .007g. ******* 11 For A330/A340 series airplanes, resolution = 1.05% (0.250°>0.120°). For A300 B2/B4 series airplanes, resolution = 0.92% (0.230°>0.125°). 12 For A330/A340 series airplanes, spoiler resolution = 1.406% (0.703°>0.100°). ******* 14 For Dassault F900C/F900EX airplanes, Radio altitude resolution = 1.25 ft. *******

■ 5.–6. Special Federal Aviation ■ 8. Section 125.226(l)(2) is revised to Electra L–188, Lockheed Martin Model Regulation No. 89 (SFAR 89)— read as follows: 382 (L–100) Hercules, Maryland Air Suspension of Certain Flight Recorder Industries, Inc. F27, Mitsubishi Heavy § 125.226 Digital flight data recorders. Requirements is removed on the date this Industries, Ltd. YS–11, Short Bros. rule becomes effective. * * * * * Limited SD3–30, Short Bros. Limited (l) * * * SD3–60. PART 125—CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A (2) British Aerospace 1–11, General ■ 9. Appendix E to part 125 is amended SEATING CAPACITY OF 20 OR MORE Dynamics Convair 580, General to revise item numbers 5, 9, 12a, 14a, 16, PASSENGERS OR A MAXIMUM Dynamics Convair 600, General 19, 23, 26, 87 and 88 and footnotes 5, 9, PAYLOAD CAPACITY OF 6,000 Dynamics Convair 640, deHavilland 11, 12 and 14 to read as follows: POUNDS OR MORE; AND RULES Aircraft Company Ltd. DHC–7, Fairchild GOVERNING PERSONS ON BOARD Industries FH 227, Fokker F–27 (except Appendix E to Part 125—Airplane SUCH AIRCRAFT Mark 50), F–28 Mark 1000 and Mark Flight Recorder Specifications 4000, Gulfstream Aerospace G–159, The recorded values must meet the ■ 7. The authority citation for part 125 Jetstream 4100, Lockheed Aircraft designated range, resolution, and accuracy continues to read as follows: Corporation Electra 10–A, Lockheed requirements during dynamic and static Aircraft Corporation Electra 10–B, Authority: 49 U.S.C. 106(g), 40113, 44701– conditions. All data recorded must be Lockheed Aircraft Corporation Electra 44702, 44705, 44710–44711, 44713, 44716– correlated in time to within one second. 44717, 44722. 10–E, Lockheed Aircraft Corporation

Seconds per sampling Parameters Range Accuracy (sensor input) interval Resolution Remarks

******* 5. Normal Acceleration ¥3g to +6g ...... ±1% of max range ex- 0.125 ...... 0.004g. (Vertical) 9. cluding datum error of ±5%.

******* 9. Thrust/Power on each Full Range Forward ...... ±2% ...... 1 (per engine) ...... 0.3% of full Sufficient parameters (e.g. EPR, N1 engine—primary flight range. or Torque, NP) as appropriate to crew reference. the particular engine being recorded to determine power in forward and reverse thrust, including potential overspeed condition.

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Seconds per sampling Parameters Range Accuracy (sensor input) interval Resolution Remarks

******* 12a. Pitch Control(s) posi- Full Range ...... ±2% Unless Higher Ac- 0.5 or 0.25 for airplanes 0.5% of full For airplanes that have a flight con- tion (non-fly-by-wire curacy Uniquely Re- operated under range. trol break away capability that al- systems). quired. § 121.344(f). lows either pilot to operate the controls independently, record both control inputs. The control inputs may be sampled alternately once per second to produce the sampling interval of 0.5 or 0.25, as applicable.

******* 14a. Yaw Control posi- Full Range ...... ±2° Unless Higher Accu- 0.5 ...... 0.3% of full For airplanes that have a flight con- tion(s) (non-fly-by- racy Uniquely Re- range. trol break away capability that al- wire) 5. quired. lows either pilot to operate the controls independently, record both control inputs. The control inputs may be sampled alternately once per second to produce the sampling interval of 0.5.

******* 16. Lateral Control Sur- Full Range ...... ±2° Unless Higher Accu- 0.5 or 0.25 for airplanes 0.3% of full A suitable combination of surface po- face(s) Position 7. racy Uniquely Re- operated under range. sition sensors is acceptable in lieu quired. § 121.344(f). of recording each surface separately. The control surfaces may be sampled alternately to produce the sampling interval of 0.5 or 0.25.

******* 19. Pitch Trim Surface Full Range ...... ±3° Unless Higher Accu- 1 ...... 0.6% of full Position. racy Uniquely Re- range quired.

******* 23. Ground Spoiler Posi- Full Range or Each Po- ±2° Unless Higher Accu- 1 or 0.5 for airplanes op- 0.5% of full tion or Speed Brake Se- sition (discrete). racy Uniquely Re- erated under range lection 12. quired. § 121.344(f).

******* 26. Radio Altitude 14 ...... ¥20 ft to 2,500 ft ...... ±2 ft or ±3% Whichever 1 ...... 1 ft +5% Above For autoland/category 3 operations. is Greater Below 500 500 ft. Each radio altimeter should be re- ft and ±5% above 500 corded, but arranged so that at ft. least one is recorded each second.

******* 87. Ground spoiler posi- Full Range or Discrete .. ±5% ...... 0.5 ...... 0.3% of full tion and speed brake range selection. 88. All cockpit flight con- Full Range Control ±5% ...... 1 ...... 0.3% of full For fly-by-wire flight control systems, trol input forces (control Wheel ±70 lbs Control range where flight control surface posi- wheel, control column, Column ±85 lb Rudder tion is a function of the displace- rudder pedal). pedal ±165 lbs. ment of the control input device only, it is not necessary to record this parameter. For airplanes that have a flight control break away capability that allows either pilot to operate the control independently, record both control force inputs. The control force inputs may be sampled alternately once per 2 seconds to produce the sampling interval of 1. ******* 5 For A330/A340 series airplanes, resolution = 1.18% (0.703°>0.120°). ******* 7 For A330/A340 series airplanes, aileron resolution = 0.704% (0.352°>0.100°). For A330/A340 series airplanes, spoiler resolution = 1.406% (0.703°>0.100°). ******* 9 For B–717 series airplanes, resolution = .005g. For Dassault F900C/F900EX airplanes, resolution = .007g. ******* 11 For A330/A340 series airplanes, resolution = 1.05% (0.250°>0.120°). For A330 B2/B4 series airplanes, resolution = 0.92% (0.230°>0.125°). 12 For A330/A340 series airplanes, spoiler resolution = 1.406% (0.703°>0.100°). ******* 14 For Dassault F900C/F900EX airplanes, Radio Altitude resolution = 1.25 ft. *******

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PART 135—OPERATING § 135.152 Flight recorders. 12b, 13b, 14a, 15, 16, 17, 19, 20, 21, 23, REQUIREMENTS: COMMUTER AND * * * * * 24, 26, 37, 42, 57, 87 and 88 and adding ON DEMAND OPERATIONS AND (k) For aircraft manufactured before footnotes 1 through 17 to read as follows: RULES GOVERNING PERSONS ON August 18, 1997, the following aircraft BOARD SUCH AIRCRAFT types need not comply with this section: Appendix F to Part 135—Airplane Bell 212, Bell 214ST, Bell 412, Bell Flight Recorder Specifications ■ 10.–11. The authority citation for part 412SP, Boeing Chinook (BV–234), The recorded values must meet the 135 continues to read as follows: Boeing/Kawasaki Vertol 107 (BV/KV– designated range, resolution, and accuracy Authority: 49 U.S.C. 106(g), 41706, 44113, 107–II), deHavilland DHC–6, Eurocopter requirements during dynamic and static 44101, 44701–44702, 44705, 44709, 44711– Puma 330J, Sikorsky 58, Sikorsky 61N, conditions. All data recorded must be 44713, 44715–44717, 44722. Sikorsky 76A. correlated in time to within one second. ■ 12. Section 135.152(k) is revised to ■ 13. Appendix F to part 135 is amended read as follows: to revise item numbers 1, 5, 7, 9, 12a,

Seconds per sampling Parameters Range Accuracy (sensor input) interval Resolution Remarks

******* 1. Time or Relative Time 24 Hrs, 0 to 4095 ...... ±0.125% Per Hour ...... 4 ...... 1 sec ...... UTC time preferred when available. Counts 1. Counter increments each 4 seconds of system operation. ******* 5. Normal Acceleration ¥3g to +6g ...... ±1% of max range ex- 0.125 ...... 0.004g (Vertical) 9. cluding datum error of ±5%. ******* 7. Roll Attitude 2 ...... ±180° ...... ±2° ...... 1 or 0.5 0.5 airplanes 0.5° ...... A sampling rate of 0.5 is rec- operated under ommended. § 135.152(j). ******* 9. Thrust/Power on each Full Range Forward ...... ±2% ...... 1 (per engine) ...... 0.3% of full *COM041*Sufficient parameters (e.g. engine—primary flight range. EPR, N1 or Torque, NP) as appro- crew reference. priate to the particular engine being recorded to determine power in forward and reverse thrust, including potential overspeed condition. ******* 12a. Pitch Control(s) posi- Full Range ...... ±2° Unless Higher Accu- 0.5 or 0.25 for airplanes 0.5% of full For airplanes that have a flight con- tion (non-fly-by-wire racy Uniquely Re- operated under range. trol break away capability that al- systems). quired. § 135.152(j). lows either pilot to operate the controls independently, record both control inputs. The control inputs may be sampled alternately once per second to produce the sampling interval of 0.5 or 0.25, as applicable. 12b. Pitch Control(s) posi- Full Range ...... ±2° Unless Higher Accu- 0.5 or 0.25 for airplanes 0.2% of full tion (fly-by-wire sys- racy Uniquely Re- operated under range tems) 3. quired. § 135.152(j). ******* 13b. Lateral Control posi- Full Range ...... ±2° Unless Higher Accu- 0.5 or 0.25 for airplanes tion(s) (fly-by-wire) 4. racy Uniquely Re- operated under quired. § 135.152(j). 14a. Yaw Control posi- Full Range ...... ±2° Unless Higher Accu- 0.5 or 0.25 for airplanes 0.3% of full For airplanes that have a flight con- tion(s) (non-fly-by- racy Uniquely Re- operated under range trol break away capability that al- wire) 5. quired. § 135.152(j). lows either pilot to operate the controls independently, record both control inputs. The control inputs may be sampled alternately once per second to produce the sampling interval of 0.5. ******* 15. Pitch Control Sur- Full Range ...... ±2° Unless Higher Accu- 0.5 or 0.25 for airplanes 0.2% of full For airplanes fitted with multiple or face(s) Position 6. racy Uniquely Re- operated under range. split surfaces, a suitable combina- quired. § 135.152(j). tion of inputs is acceptable in lieu of recording each surface separately. The control surfaces may be sampled alternately to produce the sampling interval of 0.5 or 0.25. 16. Lateral Control Sur- Full Range ...... ±2° Unless Higher Accu- 0.5 or 0.25 for airplanes 0.2% of full A suitable combination of surface po- face(s) Position 7. racy Uniquely Re- operated under range. sition sensors is acceptable in lieu quired. § 135.152(j). of recording each surface separately. The control surfaces may be sampled alternately to produce the sampling interval of 0.5 or 0.25.

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Seconds per sampling Parameters Range Accuracy (sensor input) interval Resolution Remarks

17. Yaw Control Sur- Full Range ...... ±2° Unless Higher Accu- 0.5 ...... 0.2% of full For airplanes with multiple or split face(s) Position 8. racy Uniquely Re- range. surfaces, a suitable combination of quired. surface position sensors is acceptable in lieu of recording each surface separately. The control surfaces may be sampled alternately to produce the sampling interval of 0.5. ******* 19. Pitch Trim Surface Full Range ...... ±3° Unless Higher Accu- 1 ...... 0.6% of full Position. racy Uniquely Re- range quired. 20. Trailing Edge Flap or Full Range or Each Po- ±3° or as Pilot’s Indi- 2 ...... 0.5% of full Flap position and cockpit control may Cockpit Control Selec- sition (discrete). cator. range. each be sampled alternately at 4 tion 10. second intervals, to give a data point every 2 seconds. 21. Leading Edge Flap or Full Range or Each Dis- ±3° or as Pilot’s Indi- 2 ...... 0.5% of full Left and right sides, of flap position Cockpit Control Selec- crete Position. cator and sufficient to range. and cockpit control may each be tion 11. determine each dis- sampled at 4 second intervals, so crete position. as to give a data point to every 2 seconds. ******* 23. Ground Spoiler Posi- Full Range or Each Po- ±2° Unless Higher Accu- 1 or 0.5 for airplanes op- 0.5% of full tion or Speed Brake Se- sition (discrete). racy Uniquely Re- erated under range lection 12. quired. § 135.152(j). 24. Outside Air Tempera- ¥50° C to +90° C ...... ±2° C ...... 2 ...... 0.3° C ture or Total Air Tem- perature 13. ******* 26. Radio Altitude 14 ...... ¥20 ft to 2,500 ft ...... ±2 ft or ±3% Whichever 1 ...... 1 ft +5% above For autoland/category 3 operations. is Greater Below 500 500 ft. Each radio altimeter should be re- ft and ± 5% Above corded, but arranged so that at 500 ft. least one is recorded each second. ******* 37. Drift Angle 15 ...... As installed ...... As installed ...... 4 ...... 0.1° ******* 42. Throttle/power lever Full Range ...... ±2% ...... 1 for each lever ...... 2% of full range For airplanes with non-mechanically position 16. linked cockpit engine controls. ******* 57. Thrust comand 17 ...... Full Range ...... ±2% ...... 2 ...... 2% of full range ******* 87. Ground spoiler posi- Full Range or Discrete .. ±5% ...... 0.5 ...... 0.3% of full tion and speed brake range selection. 88. All cockpit flight con- Full Range Control ±5% ...... 1 ...... 0.3% of full For fly-by-wire flight control systems, trol input forces (control Wheel ±70 lbs Control range. where control surface position is a wheel, control column, Column ±85 lb Rudder function of the displacement of the rudder pedal). pedal ±165 lbs. control input device only, it is not necessary to record this parameter. For airplanes that have a flight control break away capability that allows either pilot to operate the control independently, record both control force inputs. The control force inputs may be sampled alternately once per 2 seconds to produce the sampling interval of 1. ******* 1 For A300 B2/B4 airplanes, resolution = 6 seconds. 2 For A330/A340 series airplanes, resolution = 0.703°. 3 For A318/A319/A320/A321 series airplanes, resolution = 0.275% (0.088°>0.064°). For A330/A340 series airplanes, resolution = 2.20% (0.703°>0.064°). 4 For A318/A319/A320/A321 series airplanes, resolution = 0.22% (0.088°>0.080°). For A330/A340 series airplanes, resolution = 1.76% (0.703°>0.080°). 5 For A330/A340 series airplanes, resolution = 1.18% (0.703°>0.120°). 6 For A330/A340 series airplanes, resolution = 0.783% (0.352°>0.090°). 7 For A330/A340 series airplanes, aileron resolution = 0.704% (0.352°>0.100°). For A330/A340 series airplanes, spoiler resolution = 1.406% (0.703°>0.100°). 8 For A330/A340 series airplanes, resolution = 0.30% (0.176°>0.12°). For A330/A340 series airplanes, seconds per sampling interval = 1. 9 For B–717 series airplanes, resolution = .005g. For Dassault F900C/F900EX airplanes, resolution = .007g. 10 For A330/A340 series airplanes, resolution = 1.05% (0.250°>0.120°). 11 For A330/A340 series airplanes, resolution = 1.05% (0.250°>0.120°). For A300 B2/B4 series airplanes, resolution = 0.92% (0.230°>0.125°). 12 For A330/A340 series airplanes, spoiler resolution = 1.406% (0.703°>0.100°). 13 For A330/A340 series airplanes, resolution = 0.5° C. 14 For Dassault F900C/F900EX airplanes, Radio Altitude resolution = 1.25 ft. 15 For A330/A340 series airplanes, resolution = 0.352 degrees. 16 For A318/A319/A320/A321 series airplanes, resolution = 4.32%. For A330/A340 series airplanes, resolution is 3.27% of full range for throttle lever angle (TLA); for reverse thrust, reverse throttle lever angle (RLA) resolution is nonlinear over the active reverse thrust range, which is 51.54 degrees to 96.14 degrees. The resolved element is 2.8 degrees uniformly over the entire active reverse thrust range, or 2.9% of the full range value of 96.14 degrees. 17 For A318/A319/A320/A321 series airplanes, with IAE engines, resolution = 2.58%.

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Issued in Washington, DC, on July 14, 2003. Marion C. Blakey, Administrator. [FR Doc. 03–18269 Filed 7–16–03; 2:33 pm] BILLING CODE 4910–13–P

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Reader Aids Federal Register Vol. 68, No. 138 Friday, July 18, 2003

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING JULY

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. 21...... 40026 Presidential Documents 3 CFR 34...... 41757 Executive orders and proclamations 741–6000 Proclamations: 50...... 40026, 41963 The United States Government Manual 741–6000 7688...... 39793 51...... 40026 7689...... 39795 Other Services 52...... 40026 7690...... 40115 72...... 40026, 42646 741–6020 Electronic and on-line services (voice) Administrative Orders: 73...... 40026 Privacy Act Compilation 741–6064 Presidential 140...... 40026 Public Laws Update Service (numbers, dates, etc.) 741–6043 Determinations: 170...... 40026 TTY for the deaf-and-hard-of-hearing 741–6086 No. 2003–27 of June Ch. II ...... 40553 30, 2003 ...... 41219 Ch. III ...... 40553 Ch. X...... 40553 ELECTRONIC RESEARCH 4 CFR 12 CFR World Wide Web Proposed Rules: 27...... 41742 201...... 41054 Full text of the daily Federal Register, CFR and other publications 225...... 39807, 41901 is located at: http://www.access.gpo.gov/nara 28...... 41742 29...... 41742 910...... 39810 Federal Register information and research tools, including Public 913...... 39810 Inspection List, indexes, and links to GPO Access are located at: 5 CFR Proposed Rules: http://www.archives.gov/federallregister/ 2600...... 41681 Ch. 7 ...... 39863 E-mail 701...... 39866 6 CFR 745...... 39868 FEDREGTOC-L (Federal Register Table of Contents LISTSERV) is Proposed Rules: 900...... 39027 an open e-mail service that provides subscribers with a digital 25...... 41420 932...... 39027 form of the Federal Register Table of Contents. The digital form 955...... 39027 of the Federal Register Table of Contents includes HTML and 7 CFR PDF links to the full text of each document. 13 CFR 54...... 39805 121...... 39448 To join or leave, go to http://listserv.access.gpo.gov and select 278...... 41051 Proposed Rules: Online mailing list archives, FEDREGTOC-L, Join or leave the list 279...... 41051 120...... 40553 (or change settings); then follow the instructions. 652...... 40751 121...... 40820 PENS (Public Law Electronic Notification Service) is an e-mail 718...... 39447 service that notifies subscribers of recently enacted laws. 925...... 41683 14 CFR 948...... 40117 To subscribe, go to http://listserv.gsa.gov/archives/publaws-l.html 23...... 40757 989...... 41686 and select Join or leave the list (or change settings); then follow 25...... 40478 993...... 40754 the instructions. 39 ...... 39449, 39815, 40478, 1405...... 39447 40481, 40483, 40484, 40487, FEDREGTOC-L and PENS are mailing lists only. We cannot 1487...... 42563 respond to specific inquiries. 40759, 41055, 41056, 41059, Proposed Rules: 41063, 41210, 41519, 41521, Reference questions. Send questions and comments about the 301...... 40534 41861, 41901, 41903, 41906, Federal Register system to: [email protected] 373...... 40541 42241, 42242, 42244, 42573, 868...... 42644 The Federal Register staff cannot interpret specific documents or 42577, 42578, 42580, 42581, 958...... 40815 regulations. 42583 1150...... 39861 71 ...... 40761, 40762, 40763, 1580...... 39478 40764, 40765, 41691, 41692, FEDERAL REGISTER PAGES AND DATE, JULY 2903...... 41751 41693, 41694, 41695, 41696, 3015...... 41947 42246 39005–39446...... 1 3019...... 41947 39447–39804...... 2 91...... 41212 3020...... 41947 93...... 41212 39805–40114...... 3 97...... 41523, 41525 9 CFR 40115–40468...... 7 119...... 41214 40469–40750...... 8 53...... 42565 121 ...... 41214, 42874, 42832 40751–41050...... 9 Proposed Rules: 125...... 42832 41041–41218...... 10 60...... 40541 129...... 42874 41219–41518...... 11 130...... 40817 135...... 41214, 42832 41519–41680...... 14 382...... 40488 10 CFR 41681–41900...... 15 Proposed Rules: 41901–42240...... 16 50...... 40469 23...... 42315 42241–42562...... 17 72...... 42570 39 ...... 39483, 39485, 39870, 42563–42942...... 18 95...... 41221 40573, 40821, 40823, 40827, Proposed Rules: 40829, 40831, 40834, 41760, 2...... 40026 41762, 41967, 41968, 41970, 20...... 40026 41972, 41973, 41977, 42317,

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42647 1301...... 40576 348...... 41266 80...... 39018 71...... 39238, 42322 Proposed Rules: 81...... 40789 22 CFR 119...... 40206 103...... 39039 82...... 41925, 42884 121...... 40206 41...... 40127 131...... 40428 125...... 42323 Proposed Rules: 32 CFR 180 ...... 39428, 39435, 39460, 135...... 40206, 42323 303...... 39490 9...... 39374 39462, 39846, 40178, 40791, 145...... 40206 10...... 39379 40803, 41271, 41535, 41927 24 CFR 271...... 42605 15 CFR 11...... 39381 Proposed Rules: 12...... 39387 300...... 41273 30...... 42534 3282...... 42327 13...... 39389 Proposed Rules: 50...... 42585 1000...... 42651 14...... 39391 19...... 39882 80...... 42585 25 CFR 15...... 39394 27...... 39882 922...... 39005 16...... 39395 51...... 39888 Proposed Rules: Proposed Rules: 17...... 39397 52 ...... 39041, 39506, 40233, 930...... 40207 Ch. I...... 39038, 42651 40617, 40861, 40864, 40865, 33 CFR 41987, 42174, 42653, 42657 16 CFR 26 CFR 2...... 42595 62...... 40618 1 ...... 39011, 39012, 39452, Proposed Rules: 26 ...... 39353, 41913, 42595 70...... 40617, 40871 39453, 40129, 40130, 40510, 460...... 41872 62...... 42595 81...... 42657 40766, 41067, 41230, 41417, 64...... 42595 136...... 41988 17 CFR 41906, 42251, 42254, 42590 95...... 42595 180...... 41989 20...... 40130, 42593 30...... 39006, 40498 100 ...... 40167, 42282, 42595 271...... 42662 25...... 40130, 42593 275...... 42247 101...... 39240, 41914 301...... 40768, 41073 41 CFR 279...... 42247 102...... 39240, 41914 602 ...... 39012, 41067, 41230, Proposed Rules: 103...... 39284, 41914 Proposed Rules: 41906, 42254 1...... 40835 104...... 39292, 41915 105-55...... 42170 Proposed Rules: 105...... 39315, 41916 105-56...... 41093 18 CFR 1 ...... 39498, 40218, 40224, 106...... 39338, 41916 105-550...... 41274 101...... 40500 40579, 40581, 40583, 40848, 110...... 42285 105-570...... 41290 141...... 40500 41087, 42476, 42652 117 ...... 41716, 41917, 41918, 301–50...... 40618 31...... 42329 201...... 40500 41920, 42282 42 CFR 260...... 40500 301 ...... 39498, 40849, 40850, 120...... 42595 352...... 40500 40857, 41089, 41090 160...... 39292, 41915 412...... 41860 357...... 40500 27 CFR 161...... 39353, 41913 43 CFR 164...... 39353, 41913 Proposed Rules: 4...... 39454 165 ...... 39013, 39015, 39017, 10...... 39853 141...... 40340 9...... 39833 260...... 40340 39292, 39353, 39455, 40024, 44 CFR Proposed Rules: 40168, 40169, 40170, 40173, 284...... 40207 64...... 39019 4...... 39500 40174, 40176, 40770, 40772, 357...... 40340 65...... 39021 24...... 39500 41078, 41081, 41268, 41269, 375...... 40340 67...... 39023 28 CFR 41531, 41716, 41719, 41721, 19 CFR 41722, 41913, 41915, 41920, Proposed Rules: 2...... 41527, 41696 67 ...... 39042, 39044, 39046 101...... 42586, 42587 41922, 42282, 42285, 42287, 122...... 42587 29 CFR 42289, 42595 46 CFR Proposed Rules: Proposed Rule: 102...... 39836 2...... 39292, 41915 100...... 40615 101...... 42650 4022...... 41714 7...... 42595 110...... 39503 4044...... 41714 28...... 42595 20 CFR 117...... 42331 Proposed Rules: 31...... 39292, 41915 147...... 40229 218...... 39009 35...... 41512 71...... 39292, 41915 165 ...... 40231, 40859, 41091, 220...... 39009 1625...... 41542 91...... 39292, 41915 41764, 41982, 41984 225...... 39009 1627...... 41542 115...... 39292, 41915 404...... 40119 1926...... 39877, 39880 36 CFR 126...... 39292, 41915 416...... 40119 176...... 39292, 41915 Proposed Rules: 30 CFR Proposed Rules: 404...... 40213 75...... 40132 219...... 41864 47 CFR 416...... 40213 250...... 41077, 41861 294...... 41864, 41865 0...... 39471 913...... 40138 37 CFR 22...... 42290 21 CFR 917 ...... 41911, 42266, 42274 32...... 38641 101...... 39831, 41434 920...... 42277 1...... 41532 54 ...... 38642, 39471, 41936 510...... 41065, 42250 934...... 40142 260...... 39837 64...... 40184, 41942 520...... 41065 938...... 40147 73 ...... 38643, 40185, 40186, 38 CFR 522...... 42250, 42589 943...... 40154 40187, 41284, 41724, 42608, 524...... 42250 948...... 40157 3...... 42602 42609 556...... 42589 Proposed Rules: 74...... 41284 39 CFR 558...... 41066, 42589 70...... 39881 90...... 42296 862...... 40125 75...... 39881 111...... 40774 101...... 42610 1300...... 41222 90...... 39881 Proposed Rules: 1301...... 41222 250...... 40585, 41090 40 CFR 1...... 40876 1304...... 41222 254...... 40585 51...... 39842 54...... 41996, 42333 1305...... 41222 917...... 41980 52 ...... 39457, 40520, 40528, 73 ...... 40237, 42662, 42663, 1307...... 41222 934...... 40225 40782, 40786, 40789, 41083, 42664, 42665, 42666 Proposed Rules: 946...... 40227 42172 90...... 42337 101...... 41507 62...... 40531 131...... 39873 31 CFR 63...... 42603 48 CFR 348...... 42324 50...... 41250 70...... 40528 Ch. 10...... 39854, 42717

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501...... 41286 49 CFR 223...... 41942 Proposed Rules: 538...... 41286 541...... 39471 229...... 41725 17 ...... 39507, 39892, 42666 552...... 41286 Proposed Rules: 300...... 39024 20...... 42546 Proposed Rules: 192...... 41768 600...... 42613 229...... 40888 15...... 40466 390...... 42339 648...... 40808, 41945 600 ...... 40892, 42360, 42668, 30...... 40104 391...... 42339 660 ...... 40187, 41085, 42643 42669, 42670 635...... 41103, 41769 31...... 40466 679 ...... 40811, 40812, 41085, 50 CFR 648...... 41535, 42671 52...... 40104 41086, 41946 17...... 39624, 40076 697...... 39048, 42360

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REMINDERS Cross Vetpharm Group Exotic Newcastle disease; COMMERCE DEPARTMENT The items in this list were Ltd.; correction; quarantine area National Oceanic and editorially compiled as an aid published 7-18-03 designations— Atmospheric Administration to Federal Register users. HOMELAND SECURITY Arizona and Nevada; Fishery conservation and Inclusion or exclusion from DEPARTMENT comments due by 7-18- management: this list has no legal Coast Guard 03; published 5-19-03 Magnuson-Stevens Act significance. Drawbridge operations: [FR 03-12431] provisions— Connecticut; published 7-15- California; comments due Domestic fisheries; 03 by 7-18-03; published exempted fishing permit RULES GOING INTO 5-19-03 [FR 03-12432] applications; comments LIBRARY OF CONGRESS EFFECT JULY 18, 2003 Swine; inspection and due by 7-24-03; Copyright Office, Library of interstate movement within published 7-9-03 [FR Congress AGRICULTURE production system; 03-17380] DEPARTMENT Copyright Arbitration Royalty comments due by 7-22- West Coast States and Panel rules and procedures: Animal and Plant Health 03; published 5-23-03 [FR Western Pacific Digital performance of Inspection Service 03-12994] fisheries— sound recordings; Tuberculosis in cattle and Exportation and importation of Pacific Coast groundfish; reasonable rates and bison— comments due by 7-21- animals and animal terms determination; products: State and area 03; published 5-22-03 published 6-18-03 classifications; [FR 03-12885] Portland International TRANSPORTATION comments due by 7-25- Pacific Coast groundfish Airport, OR; livestock DEPARTMENT 03; published 6-25-03 vessel monitoring exportation port Federal Aviation [FR 03-16038] system; comments due designation; published 5- Administration by 7-21-03; published 19-03 Plant-related quarantine, Airworthiness directives: domestic and foreign: 5-22-03 [FR 03-12884] Livestock and poultry disease West Coast salmon; control: Hartzell Propeller, Inc., et Gypsy moth; comments due al.; published 7-3-03 by 7-22-03; published 5- comments due by 7-25- Low pathogenic avian Pratt & Whitney; published 23-03 [FR 03-12985] 03; published 7-10-03 influenza; indeminity [FR 03-17239] payment; published 7-18- 6-13-03 Plant-related quarantine, DEFENSE DEPARTMENT 03 TREASURY DEPARTMENT foreign: Acquisition regulations: Plant-related quarantine, Internal Revenue Service Fragrant pears from China; Information assurance; domestic: Estate and gift taxes: comments due by 7-22- 03; published 5-23-03 [FR comments due by 7-22- Asian longhorned bettle; Right to recover gift tax, 03-12987] 03; published 5-23-03 [FR published 5-19-03 and tax consequences; 03-13000] published 7-18-03 Potato brown rot prevention; COMMERCE DEPARTMENT comments due by 7-22- Federal Acquisition Regulation National Oceanic and VETERANS AFFAIRS 03; published 5-23-03 [FR (FAR): Atmospheric Administration DEPARTMENT 03-12988] Unallowable costs Fishery conservation and Medical benefits: Solid wood packing material; accounting and application management: Former prisoners of war; importation; comments of cost principles and Magnuson-Stevens Act presumption of service due by 7-21-03; published procedures; comments provisions— connection for cirrhosis of 5-20-03 [FR 03-12503] due by 7-21-03; published the liver; published 7-18- Poultry improvement: 5-22-03 [FR 03-12892] Pacific Coast groundfish; 03 fishing capacity National Poultry Plan and Freedom of Information Act; reduction program; auxiliary provisions— implementation: published 7-18-03 COMMENTS DUE NEXT Plan participants and National Security Agency/ Central Security Service Northeastern United States WEEK participating flocks; new Freedom of Information fisheries— or modified sampling Act Program; comments AGRICULTURE and testing procedures; Spiny dogfish; published due by 7-22-03; published DEPARTMENT comments due by 7-22- 7-16-03 5-23-03 [FR 03-12969] Agricultural Marketing 03; published 5-23-03 ENVIRONMENTAL Prototype projects; Service [FR 03-12995] PROTECTION AGENCY transactions other than AGRICULTURE Onions grown in— contracts, grants, or Air pollutants, hazardous; DEPARTMENT national emission standards: Idaho and Oregon; cooperative agreements; comments due by 7-24- Food Safety and Inspection Chemical recovery comments due by 7-21-03; 03; published 7-9-03 [FR Service combustion sources at published 5-20-03 [FR 03- 03-17277] Meat and poultry inspection: kraft, soda, sulfite, and 12554] stand-alone semichemical Soybean promotion, research, Poultry products (ratite Wendell H. Ford Aviation pulp mills and consumer information: only); importation from Investment and Reform Act Australia and New Correction; published 7- Small soybean producing for 21st Century; Zealand into U.S.; 18-03 States and regions; implementation: assessments reporting comments due by 7-23- Excess DOD aircraft sales HEALTH AND HUMAN requirements; comments 03; published 6-23-03 [FR to persons or entities SERVICES DEPARTMENT due by 7-18-03; published 03-15740] providing oil spill response Food and Drug 6-18-03 [FR 03-15318] COMMERCE DEPARTMENT services; comments due Administration AGRICULTURE Industry and Security by 7-21-03; published 5- Animal drugs, feeds, and DEPARTMENT Bureau 22-03 [FR 03-12552] related products: Animal and Plant Health Designated terrorists; control ENVIRONMENTAL Laidlomycin; published 7-18- Inspection Service imposition and expansion; PROTECTION AGENCY 03 Interstate transportation of comments due by 7-21-03; Air pollution control: Sponsor name and address animals and animal products published 6-6-03 [FR 03- State operating permits changes— (quarantine): 14253] programs—

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Michigan; comments due Radio frequency devices: Florida; comments due by requirements; comments by 7-23-03; published Radio receivers; interference 7-21-03; published 5-20- due by 7-21-03; published 6-23-03 [FR 03-15762] immunity performance 03 [FR 03-12496] 6-20-03 [FR 03-15648] Air programs; approval and specifications; comments Organization, functions, and STATE DEPARTMENT promulgation; State plans due by 7-21-03; published authority delegations: Visas; nonimmigrant for designated facilities and 5-5-03 [FR 03-10951] Great Lakes Pilotage documentation: pollutants: Ultra-wideband transmission Director; comments due Student and Exchange Pennsylvania; comments systems; unlicensed by 7-23-03; published 6- Visitor Information due by 7-24-03; published operation; comments due 23-03 [FR 03-15641] System; comments due 6-24-03 [FR 03-15759] by 7-21-03; published 4- Ports and waterways safety: by 7-22-03; published 5- 22-03 [FR 03-09880] Air quality implementation Hampton Roads, VA; 23-03 [FR 03-12653] Radio stations; table of plans; approval and regulated navigation area; TRANSPORTATION assignments: promulgation; various comments due by 7-21- DEPARTMENT States: Indiana; comments due by 03; published 5-22-03 [FR Federal Aviation California; comments due by 7-21-03; published 6-16- 03-12549] Administration 03 [FR 03-15070] 7-24-03; published 6-24- Port Everglades Harbor, Airmen certification: 03 [FR 03-15898] Television broadcasting: Fort Lauderdale, FL; Operation Enduring Connecticut, Massachusetts, Cable television systems— regulated navigation area; Freedom; relief for and Rhode Island; Cable Operations and comments due by 7-21- participants; comments comments due by 7-21- Licensing System; 03; published 6-6-03 [FR due by 7-21-03; published 03; published 6-20-03 [FR electronic filing by 03-14306] 6-20-03 [FR 03-15643] 03-15126] Multichannel Video HOUSING AND URBAN Airworthiness directives: Programming Missouri; comments due by DEVELOPMENT Aerospatiale; comments due Distributors; comments 7-18-03; published 6-18- DEPARTMENT by 7-18-03; published 6- 03 [FR 03-15251] due by 7-18-03; Federal and Federally funded 18-03 [FR 03-15338] Texas; comments due by 7- published 5-19-03 [FR 03-12132] construction projects; open Airbus; comments due by 7- 21-03; published 6-19-03 competition and government 18-03; published 6-18-03 [FR 03-15521] GENERAL SERVICES neutrality towards [FR 03-15335] ADMINISTRATION Wisconsin; comments due government contractors’ Boeing; comments due by by 7-21-03; published 6- Federal Acquisition Regulation labor relations; comments 7-18-03; published 6-23- 20-03 [FR 03-15519] (FAR): due by 7-21-03; published 03 [FR 03-15727] Pesticides; tolerances in food, Unallowable costs 5-22-03 [FR 03-12798] Bombardier; comments due accounting and application animal feeds, and raw INTERIOR DEPARTMENT by 7-18-03; published 6- agricultural commodities: of cost principles and 18-03 [FR 03-15326] procedures; comments Fish and Wildlife Service Antimicrobial formulations for Eagle Aircraft (Maylasia) due by 7-21-03; published Endangered and threatened food-contact surface Sdn. Bhd.; comments due 5-22-03 [FR 03-12892] species: sanitizing solutions; active by 7-25-03; published 6- and inert ingredients; HEALTH AND HUMAN California tiger salamander; 23-03 [FR 03-15726] comments due by 7-25- comments due by 7-22- SERVICES DEPARTMENT McDonnell Douglas; 03; published 6-25-03 [FR 03; published 5-23-03 [FR Food and Drug comments due by 7-21- 03-16034] 03-12695] Administration 03; published 6-4-03 [FR Indoxacarb; comments due Animal drugs, feeds, and INTERIOR DEPARTMENT 03-13978] by 7-21-03; published 5- related products: Hearings and appeals MD Helicopters Inc.; 21-03 [FR 03-12480] Biuret, feed-grade; procedures: comments due by 7-18- Maneb, etc.; comments due comments due by 7-21- Public land; special rules; 03; published 5-19-03 [FR by 7-25-03; published 6- 03; published 5-22-03 [FR comments due by 7-21- 03-12401] 25-03 [FR 03-15906] 03-12785] 03; published 5-22-03 [FR Turbomeca S.A.; comments Pyraflufen-ethyl; comments Proposed rules and actions 03-12504] due by 7-21-03; published due by 7-21-03; published (84) published in Federal NATIONAL AERONAUTICS 5-20-03 [FR 03-12541] 5-21-03 [FR 03-12359] Register over 5 years ago; AND SPACE Airworthiness standards: Water programs: notice of intent to withdraw; ADMINISTRATION Special conditions— Water quality standards— comments due by 7-21-03; published 4-22-03 [FR 03- Federal Acquisition Regulation Boeing Model 747SP, South San Francisco Bay, 09865] (FAR): 747-100, 747-200B, CA; copper and nickel; Unallowable costs -200C, and -200F Federal aquatic life HEALTH AND HUMAN series airplanes; SERVICES DEPARTMENT accounting and application water quality criteria of cost principles and comments due by 7-18- withdrawn; comments Substance Abuse and procedures; comments 03; published 6-18-03 due by 7-25-03; Mental Health Services due by 7-21-03; published [FR 03-15401] published 6-25-03 [FR Administration 5-22-03 [FR 03-12892] Class E airspace; comments 03-16231] Human drugs: due by 7-24-03; published NUCLEAR REGULATORY Opiate addiction; opioid 6-9-03 [FR 03-14427] FEDERAL COMMISSION COMMUNICATIONS drugs use in maintenance Rulemaking petitions: TRANSPORTATION COMMISSION and detoxification DEPARTMENT ICN Worldwide Dosimetry Common carrier services: treatment National Highway Traffic Service; comments due List additions; comments Safety Administration Federal-State Joint Board by 7-21-03; published 5-5- on Universal Service— due by 7-21-03; Motor vehicle safety published 5-22-03 [FR 03 [FR 03-10967] Schools and libraries; standards: 03-11469] SECURITIES AND universal service Transportation Recall EXCHANGE COMMISSION support mechanism; HOMELAND SECURITY Enhancement, comments due by 7-21- DEPARTMENT Securities: Accountability, and 03; published 6-20-03 Coast Guard Registered transfer agents; Documentation (TREAD) [FR 03-14929] Drawbridge operations: recordkeeping Act; implementation—

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Tire safety information; 6043. This list is also H.R. 985/P.L. 108–50 located at 1502 East Kiest comments due by 7-21- available online at http:// To designate the facility of the Boulevard in Dallas, Texas, as 03; published 6-5-03 www.nara.gov/fedreg/ United States Postal Service the ‘‘Dr. Caesar A.W. Clark, [FR 03-14160] plawcurr.html. located at 111 West Sr. Post Office Building’’. (July Washington Street in Bowling 14, 2003; 117 Stat. 857) TRANSPORTATION The text of laws is not Green, Ohio, as the ‘‘Delbert DEPARTMENT published in the Federal H.R. 2030/P.L. 108–57 L. Latta Post Office Building’’. Research and Special Register but may be ordered (July 14, 2003; 117 Stat. 851) To designate the facility of the Programs Administration in ‘‘slip law’’ (individual United States Postal Service pamphlet) form from the H.R. 1055/P.L. 108–51 Pipeline safety: located at 120 Baldwin Superintendent of Documents, To designate the facility of the Hazardous liquid Avenue in Paia, Maui, Hawaii, U.S. Government Printing United States Postal Service transportation— as the ‘‘Patsy Takemoto Mink Office, Washington, DC 20402 located at 1901 West Evans Gas transmission Post Office Building’’. (July 14, (phone, 202–512–1808). The Street in Florence, South pipelines; integrity 2003; 117 Stat. 858) text will also be made Carolina, as the ‘‘Dr. Roswell management in high N. Beck Post Office Building’’. consequence areas; available on the Internet from H.R. 2474/P.L. 108–58 GPO Access at http:// (July 14, 2003; 117 Stat. 852) Technical Pipeline To authorize the www.access.gpo.gov/nara/ H.R. 1368/P.L. 108–52 Safety Standards Congressional Hunger Center nara005.html. Some laws may To designate the facility of the Advisory Committee to award Bill Emerson and not yet be available. United States Postal Service meeting; comments due Mickey Leland Hunger located at 7554 Pacific by 7-18-03; published Fellowships for fiscal years H.R. 825/P.L. 108–46 Avenue in Stockton, California, 7-15-03 [FR 03-17722] 2003 and 2004. (July 14, To redesignate the facility of as the ‘‘Norman D. Shumway 2003; 117 Stat. 859) TREASURY DEPARTMENT the United States Postal Post Office Building’’. (July 14, Fiscal Service Service located at 7401 West 2003; 117 Stat. 853) S. 858/P.L. 108–59 Privacy Act; implementation; 100th Place in Bridgeview, H.R. 1465/P.L. 108–53 To extend the Abraham comments due by 7-21-03; Illinois, as the ‘‘Michael J. To designate the facility of the Lincoln Bicentennial published 6-20-03 [FR 03- Healy Post Office Building’’. United States Postal Service Commission, and for other 15638] (July 14, 2003; 117 Stat. 847) located at 4832 East Highway purposes. (July 14, 2003; 117 TREASURY DEPARTMENT H.R. 917/P.L. 108–47 27 in Iron Station, North Stat. 860) Internal Revenue Service To designate the facility of the Carolina, as the ‘‘General Last List July 8, 2003 Income taxes: United States Postal Service Charles Gabriel Post Office’’. located at 1830 South Lake (July 14, 2003; 117 Stat. 854) Paid tax return preparers; Drive in Lexington, South H.R. 1596/P.L. 108–54 electronic filing; cross- Carolina, as the ‘‘Floyd reference; comments due To designate the facility of the Public Laws Electronic Spence Post Office Building’’. United States Postal Service by 7-23-03; published 4- (July 14, 2003; 117 Stat. 848) Notification Service 24-03 [FR 03-10191] located at 2318 Woodson (PENS) H.R. 925/P.L. 108–48 Road in St. Louis, Missouri, TREASURY DEPARTMENT To redesignate the facility of as the ‘‘Timothy Michael Privacy Act; implementation:; the United States Postal Gaffney Post Office Building’’. comments due by 7-21-03; Service located at 1859 South (July 14, 2003; 117 Stat. 855) PENS is a free electronic mail published 6-20-03 [FR 03- notification service of newly Ashland Avenue in Chicago, H.R. 1609/P.L. 108–55 15638] Illinois, as the ‘‘Cesar Chavez enacted public laws. To To redesignate the facility of subscribe, go to http:// Post Office’’. (July 14, 2003; the United States Postal 117 Stat. 849) listserv.gsa.gov/archives/ LIST OF PUBLIC LAWS Service located at 201 West publaws-l.html H.R. 981/P.L. 108–49 Boston Street in Brookfield, This is a continuing list of To designate the facility of the Missouri, as the ‘‘Admiral Note: This service is strictly public bills from the current United States Postal Service Donald Davis Post Office for E-mail notification of new session of Congress which located at 141 Erie Street in Building’’. (July 14, 2003; 117 laws. The text of laws is not have become Federal laws. It Linesville, Pennsylvania, as Stat. 856) available through this service. may be used in conjunction the ‘‘James R. Merry Post H.R. 1740/P.L. 108–56 PENS cannot respond to with ‘‘PLUS’’ (Public Laws Office’’. (July 14, 2003; 117 To designate the facility of the specific inquiries sent to this Update Service) on 202–741– Stat. 850) United States Postal Service address.

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